HomeMy WebLinkAbout2000-06-07 PacketMENDOCINO COUNTY YOUTH PROJECT/MENDOCINO
FAMILY AND YOUTH SERVICES
SERVICES TO UKIAH RESIDENTS
JULY 1, 1999 - APRIL 2000
776 South State Street #107
Ukiah, CA 95482
463-4915
463-4917 (fax)
kwandrei~mcyp.org
www.mcyp.org
Executive Direct0~: Karin Wandrei, DSW, LCSW
Chair, Board of Directors: Jim Williams
City of Ukiah representative on Board of Directors: Sage Sangiacomo,
Community Services Supervisor
SHARE Youth Crisis Service:
· 24/7/365 services to youth in crisis and their families and community
members through interagency crisis line
· crisis intervention
· short-term individual and family counseling
· advocacy
· street outreach
· Teen Alert alcohol and drug groups
· anger management group
· information and referral
· emergency housing in licensed foster homes
· Ukiah youth drop-in center (scheduled to open September 2000)
95 youth provided at least one hour of service. Our street outreach workers
had 2334 contacts with youth. Many others (such as parents, community
members, county staff, school district staff, and other community-based
organization staff) served who call on behalf of a youth.
Program Manager: Gloria Gonzales-Lambarski, MA
PASSAGES Adolescent Alcohol and Drug Treatment:
· Intensive outpatient alcohol and drug treatment services for juvenile
offenders with alcohol and drug problems involved in Juvenile Drug
Court
· Will be expanding to non-drug court population in FY2000/2001
28 youth and their families provided services in this program
Program Manager: Karin Wandrei (Acting)
School ServiceS:
Prevention'and counseling services at various school sites within the
Ukiah Unified School District, including:
o Ukiah High School
o South Valley High School
o Pomolita Middle School
o Nokomis Elementary School
o Frank Zeek Elementary School
227 youth provided services
Program Manager: Leslie Rich
Family Enhancement Services:
· 6 hour workshop, Parenting Apart, for parents required by Mendocino
County Family Court who are divorcing/separating
· Supervised visitation and safe/neutral exchange for parents involved
with Family Court
276 Ukiah parents attended Parenting Apart workshop. Supervised
visitation was provided to 41 Ukiah client families with 72 children. MCYP
averaged 25 hours per week of supervised exchange services (1350 hours
annually). Monitored exchanges were provided to 8 Ukiah parents,
including 12 children, for a total of 216 hours annually.
Program Manager: Joanna Olson
Counseling Services:
· Outpatient individual, couples, family and group psychotherapy
provided
· Specialized treatment program, Parents United, for adults sexual
abuse offenders and, in collaboration with Project Sanctuary, adult
survivors of sexual abuse
31 clients received counseling services
Program Manager: Leslie Rich
Wraparound Services (now defunct):
· Intensive (20-60 hours per week) supervision in the community of
youth being returned from out-of-home placement or at risk for out-
of-home placement
4 youth and their families received services
0
Press Release
JUNE 7, 2000
FOR IMMEDIATE RELEASE
contact Jim Mastin:
468-3078 (day), 468-8809 (evening)
MAYOR MASTIN NOT SEEKING RE-ELECTION
Ukiah Mayor Jim Mastin announced last night that he will not be seeking a second term in
the November election. He stated that he is "... a firm believer in term limits, preferably
self-imposed." Mastin went on to state that he will have been on the council for almost
eight years as well as serving six years on the City Planning Commission in the early
1980s. "That's enough time for anyone in a local leadership position. I would like to see
more people involved," he said. "It makes for better public policy when more citizens
take an active role in their community. What better way to help sculpt your community
than by serving on the city council or one of our many commissions or boards?"
Mastin pointed out that being in the public spotlight is not for everyone. Apart from the
-council meetings and various county and regional boards, there are the encounters with
constituents. He recalls being pinned against the milk display at a local supermarket by a
member of the public who needed to vent on a particular issue, as well as the early Easter
Sunday morning telephone call from a citizen who "just wanted to wish you a happy
Easter, and by the way...".
Mastin indicated that being on the City Council is sometimes a mixed bag of satisfaction
and frustration. Some decisions, like continuing to offer the free Sundays in the Park
summer concert series or repaying Orchard Avenue, are easy to make and the benefit to
the public is easily recognized. But other issues, like garbage and the hydroelectric project
go on seemingly forever. "It's frustrating when the public's perception is that the
resolution to an issue is simple when in reality it's complex," he said.
In his opinion, Mastin feels that the City of Ukiah is a well-mn municipality, and that this
is due to the professionalism and compassion of City Manager Candace Horsley and all of
her staff. "Each of our departments is small, but well mn and efficient," he said. "I am
proud of the job our employees do and feel that my job was made easier because of them."
"Looking back over my years in office, I leave with no regrets. Anything that was not
done will either move forward or be dropped because it's no longer viable. Like anything
else, politics is all about change," Mastin said. "Nothing is forever. In politics, if you can
count to three, you can change 'forever'".
ITEM NO. 3
DATE: JUNE 7, 2000
AGENDA SUMMARY REPORT
SUBJECT: BUDGET GOALS AND OBJECTIVES: REVIEW OF 1999-00 ACCOMPLISHMENTS
AND 2000-01 OBJECTIVES FOR VARIOUS CITY FUNCTIONS
At its May 17 meeting the City Council considered the budget accomplishments and
objectives of most of the City's departments. Time constraints precluded completion of all of the
departments and the remaining were to be addressed at the next available meeting.
Personnel/Risk Management, Administrative Support (previously named Secretarial Pool), City
Clerk, and Redevelopment are scheduled for June 7. The appropriate documentation has been
attached for the Council's information.
RECOMMENDED ACTION:
Review and discuss the accomplishments and objectives as
presented by Staff.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine there is no necessity to consider the accomplishments and objectives of
these departments and cancel this agenda item.
2. Determine different format is desired and provide direction to staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A ~
Michael F. Harris, Risk Manager/Budget Officer
Gordon Elton, Director of Finance and Candace Horsley, City Manager
1. Department accomplishments and objectives:
Personnel/Risk Management, pages 1-3;
Administrative Support, pages 4-5;
City Clerk, pages 6-7;
Redevelopment, page 8.
APPROVED: :~_~
Candace Horsley, C!y Manager
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This City o£ Ukiah Commendation is presented on this 7th day o£June, 2000, to
R USS KINSEY
in appreciation £or his de~'cated ser~ice to the U~iah Senior Center.
~VHEt~AS~ Russ ~sey h~ been a member of the U~ Senior Center Board of
Directors for s~ year~ ser~ng ~o terms ~ Presiden t of th e Board and c urren dy ser~ng ~
Tre~ure~. and
~EHEA~ the trying and chMlenging times during hb tenure were handled and
resolved ~ positive leadership~ aplomb, and many ~icult decision~ demonstrating hb
unwaveri~ commitment to the ~ente~. and
~E~EA~ upon the sudden vacancy of the Executive Director position, Rus~ ~
Presiden~ exemph~g considerable se~ce above sel~ steppedin ~ Interim Director of ~e
Center guiding b through tumultuous times and holding it together wh#e continuing im
many se~ce~, and
~EHEA~ he h~ m~nt~ne~a ~t e~e on ~e ~ci~condinbn of ~e Center
and w~ i~trumentM in restoring ~e ~enter s ~anciM ~ab~ and ~u reputation in the
communi~, and
~EHEA~ ~uss h~ personMly completed extraordinary e~oru in building and
grounds improvemenu and is now lea~ng the Board o[Directors.
~0~ THEHEFOH~ ~ Jim M~tin, Mayor of the Ci~ of U&i~, on behMf of my
~How CouncHmembers Ph~ ~h~ PhHBMd~n, ~ y Libb~ ~dRoy Smith, andre
people of ~e Ci~ o~ U~, do hereby commend you, Russ ~se~ for your exempl~y
citizenship and express our sincere appreciation for your devotion and commendable
conduct on behMf of the U&i~ Senior Center.
Jim Mastin, Mayor
VVHEREAS, Bruce Evans began his long and glorious tenure v~th the City of U&iah
in 1971 as a h're volunteer, was hired as a h'reh~hter on i¥ovember 2~ I973~ and then rose
through the ran~s from Fireh'ghter to Engineer to Captain to Battalion Chief and Fire
Marshal during his 26+ years v~th the Utdah Eagle Engine Company #I~. and
~VHEREAS, throughout his employment with the City~ he provided consistent
leadership and innovation in the areas orb're prevention, standard operating procedures,
comprehensive h're safety occupancy inspections, andarson investigation, has been a positive
advocate for residentialsprlnlder regulations, andin his spare nme founded the Mendocino
County Fire Prevention Officers Associationl and
W~tER~AS~ Bruce was one of the h'rst City employees to immerse himself in the
early wor&in gs o f comp u ters, serving as the Fire Department's *~uru " as he ushered the h're
eaters into the modern world of &eyboards, modems, and monitors,, and
in appreciation for his dedicatedservice to the City of Uhiah.
WHEREA~ he served as Incident Commander for many large h'res and emergency
situations, and mentored many aspiring young h'reh~hters through the challenges and
rewards ora career in fire safety ~4th his everpresent smile, optimistic manner, andgeneral
'~ood guy"approach toward h'fe! and
~ttEREAS, Bruce has now joined the ran~s of retirement to enjoy the fruits of his
Iabors, follow in the steps of ]ohn Audubon attempting to Iocate those elusive feathered
friends, and pursue his passion for trains of allshapes andsizes.
NOV~, THEREFORE~ I~ Jim Mastin, Mayor of the City of UI~iah, on behalf of my
fellow CouncHmembers, Phi~'p Ashihu, PhH Baldv~n, Kathy Libby, and Roy Smith, MI
City of U&iah staff, and the people of the City of U&iah, do hereby commend you, Bruce
Evans, for your exemplary conduct on behMf of the citizens of U&iah in your commitment
to h're safety and ser~ce as an admired City of Uln'ah emplo yee~ ~4sh you all th e happiness
of h'fe, andhope your train conductor dreams come true.
Jim Mastin, Mayor
AGENDA
SUMMARY
ITEM NO. 5a
DATE: June 7, 2000
REPORT
SUBJECT: PRESENTATION BY GREATER UKIAH CHAMBER OF COMMERCE
The Ukiah Chamber of Commerce Board of Directors will be attending the City Council
meeting to make a presentation to the City Council regarding their last year's activities
and goals for the upcoming year.
RECOMMENDED ACTION' City Council receive presentation by Ukiah Chamber of
Commerce and discuss goals for upcoming year.
ALTERNATIVE COUNCIL POLICY OPTIONS'
1. N/A
Citizen Advised:
Chamber of Commerce
Requested by: Elizabeth Brazil, Chamber of Commerce
Prepared by: Candace Horsley, City Manager
Attachments: 1. Chamber of Commerce letter, dated May 25, 2000, requesting
continued support of City of Ukiah
APPROVED:~~'
4/Can.ASRChamber. 600 Candace Horsley, City~anager
200 South School Street
Ukialn, GA 95482
(707) 402-470g fax (707) 462-2088
~_xecutive Boarc[
F're. sictent
Katlnie Spencer
Mendo-Lake Credit Union
l'~rs~ Vice Presiclent
Chuck Sim6n
5LP, Inc.
.S~conc~ Vice Presictent
Teri Ultrich
National Bank of the Redwoods
Chie~ Financial O~icer
Jim Harrison
Savings Bank of Mendocino County
Imrne. c[iate Pas~ Presic]~n~
Jim Moyfield
Rainbow Agricultural Service
l~oarc~ o~ Directors
Dean Abbott
Ukiah Daily Journal
Butch Bainbridge
Param o un t Signs
Bernard Lemke, MD
Bruce Fedio
Masonite
Carmen Gleason
Hopland Sho Ka Wah Casino
Duane Mahan
Duane Mahan Insurance
Jim Mulheren
Ukiah Custom Cabinets
Jeonie Nord
KUKI
Sue Patel
Ramada Limited
Gregg Smith
Brutocao Schoolhouse Plaza
Px O~icio Directors
Kathy Libby
Council Member, City of Ukiah
Richard Shoemaker
Mendocino County Supervisor
Green Lion Nursery
Elizooeth Brazil
CEO
Cherie Blower
Marketing & Chamber
Development Coordinator
Candace Horsley, City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
May 25, 2000
Dear Candace:
For a number of years the CitY of Ukiah and the Greater Ukiah Chamber of Commerce
have enjoyed a mutually beneficial partnership and working relationship in the
promotion of Ukiah. Please consider this letter as the Chamber's formal request to the
Ukiah City Council to continue our partnership. Historically the City of Ukiah has
contributed money towards the cost of the Chamber's promotional efforts on behalf of
the City. The Chamber depends upon the City of Ukiah's continued support to provide
the benefits to the city residents, the general community and area visitors that reach
beyond the needs of our members. These areas include our efforts to promote tourism,
relocation and economic development. We would like you to continue your support at
the current level.
Annual investment by the City of Ukiah for tourism, relocation and development
promotion: $19,000.00
In order to provide the City with information on requests received, the Chamber has
historically kept track of the following: People visiting the Chamber Office requesting
information; written inquiries requesting various information and publications; and
telephone calls requesting both verbal information as well as print materials. In tracking
the information distributed, each contact received information promoting tourism,
relocation or economic enhancement to the City of Ukiah.
In the past 12 months the Chamber has served the following inquiries:
Written inquiry: 2,362
Walk-in visitors/tourists: 8,542
Telephone inquiries: 24,003
Total served 34,907
It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and
overhead costs to fulfill each request. Based upon the contacts during the fiscal year
1999-2000, the City contribution was $0.54 per contact. For the City to undertake full
funding of the cost of filling these requests, based upon the above estimate, the costs
would range from $61,087.25 to $523,605 in staff time, materials and postage. The
Chamber is able to fulfill these requests at a much lower rate thanks to a great volunteer
effort, through many in-kind contributions from local merchants and through use of some
funding received from the Chamber's membership. Your investment in the promotion of
our community through the Chamber is as beneficial to the City as it is to the operation
of the Chamber of Commerce and the businesses we serve. Continued City funding will
allow us to continue to provide this service for residents and visitors.
The Chamber has also represented the City of Ukiah at the promotional events of the Mendocino County
Promotional Alliance. The Chamber has had a presence at each of the five Mendocino Bounty events held in
San Francisco, Sacramento, Los Angeles and Chicago. Promotional materials and a pictorial display of the
community and surrounding area have reached an estimated 3,500 attendees to these five trade shows. The
Chamber also provides information used on the Mendocino County Promotional Alliance Website and links to
our website and area businesses through their nationally publicized website. The Chamber continually strives to
promote the City of Ukiah through all avenues available.
The investment we request provides returns to the City in sales and bed tax dollars many times over. The
Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country
PumpkinFest, Small Town Christmas, Holiday Trolley, Truckers Light Parade, Community of Champions
Awards Program, community promotion and business development ensure that the Ukiah area will continue to
be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber
of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private
partnership.
Sincerely,
Kathie Spencer, President
Greater Ukiah Chamber of Commerce
ITEM NO. 5b
DATE: June 7. 2000
AGENDA SUMMARY REPORT
SUBJECT: PRESENTATION BY MENDOCINO COUNTY YOUTH PROJECT
Karin Wandrei from the Mendocino County Youth Project will give a presentation to Council at the
June 7, 2000 meeting and information regarding this organization will be provided at that time.
RECOMMENDED ACTION: City Council to receive presentation.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Sage Sangiacomo, Community Services Supervisor
Marie Ulvila, City Clerk ~"~./,~;~'~--~ ~T~)/~/-~./
Candace Horsley, City Manager
None
' Cand~ce "~ '"" ana
asr:youth
ITEM NO. 5a
DATE: June 7, 2000
AGENDA SUMMARY REPORT
SUBJECT: PRESENTATION BY GREATER UKIAH CHAMBER OF COMMERCE
The Ukiah Chamber of Commerce Board of Directors will be attending the City Council
meeting to make a presentation to the City Council regarding their last year's activities
and goals for the upcoming year.
RECOMMENDED ACTION' City Council receive presentation by Ukiah Chamber of
Commerce and discuss goals for upcoming year.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. N/A
Citizen Advised:
Chamber of Commerce
Requested by:
Prepared by:
Attachments: 1.
Elizabeth Brazil, Chamber of Commerce
Candace Horsley, City Manager
Chamber of Commerce letter, dated May 25, 2000, requesting
continued support of City of Ukiah
Candace
Horsley, City I~lanager
4/Can.ASRChamber. 600
GFeateF Cll<iah chamber Comme ce
200 South School Street
Ukiah, CA 95482
(707) 462-4705 fax (707) 462-2088
Executive l~oarct
PrcsicIe. nt
Kathie Spencer
Mendo-Lake Credit Union
I H-M: Vic~. Pr~$ic[(~nE
Chuck Sim6n
5LP, lnc
~c~n~ V~c~ Pr~i~nf
[eri UNrich
National Bank of the Redwoods
C. hJc~ r inancia[ O~icer
Jim H~FFiSOm
SOwngs Bank of Mendooino County
Jim Moyfield
~a~nOo w Agricultural Serwce
Boar~ o~ ~ir~ctors
Dean Ab0ott
URiah Daily Journal
Butch Bainbridge
Paramount Signs
Bernard Lemke, MD
Bruce Fedio
~o~onite
Carmen Gleoson
Hoplond Sba Ko Woh Casino
Duane Mohon
Duone Mohon Insuronce
Jim Mulheren
URiah Custom Cabinets
Jeonie Nord
KUKI
Sue Potel
~amodo Limited
Gregg Smdh
8rutocao Schoolhouse Plaza
~_x Officio Directors
Kathy Libby
Council Member, City of URiah
Richard Shoemaker
Mendocino County Supervisor
Green Lion Nursery
Elizabeth Brazil
CEO
Cherie Blower
Marketing & Chamber
Development Coordinator
Candace Horsley, City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
May 25, 2000
Dear Candace:
For a number of years the city of Ukiah and the Greater Ukiah Chamber of Commerce
have enjoyed a mutually beneficial partnership and working relationship in the
promotion of Ukiah. Please consider this letter as the Chamber's formal request to the
Ukiah City Council to continue our partnership. Historically the City of Ukiah has
contributed money towards the cost of the Chamber's promotional efforts on behalf of
the City. The Chamber depends upon the City of Ukiah's continued support to provide
the benefits to the city residents, the general community and area visitors that reach
beyond the needs of our members. These areas include our efforts to promote tourism,
relocation and economic development. We would like you to continue your support at
the current level.
Annual investment by the City of Ukiah for tourism, relocation and development
promotion: $19,000.00
In order to provide the City with information on requests received, the Chamber has
historically kept track of the following: People visiting the Chamber Office requesting
information; written inquiries requesting various information and publications; and
telephone calls requesting both verbal information as well as print materials. In tracking
the information distributed, each contact received information promoting tourism,
relocation or economic enhancement to the City of Ukiah.
In the past 12 months the Chamber has served the following inquiries:
Written inquiry: 2,362
Walk-in visitors/tourists: 8,542
Telephone inquiries: 24,003
Total served 34,907
It costs an estimated $1.75 to $15.00 per contact in materials, staff time, postage and
overhead costs to fulfill each request. Based upon the contacts during the fiscal year
1999-2000, the City contribution was $0.54 per contact. For the City to undertake full
funding of the cost of filling these requests, based upon the above estimate, the costs
would range from $61,087.25 to $523,605 in staff time, materials and postage. The
Chamber is able to fulfill these requests at a much lower rate thanks to a great volunteer
effort, through many in-kind contributions from local merchants and through use of some
funding received from the Chamber's membership. Your investment in the promotion of
our community through the Chamber is as beneficial to the City as it is to the operation
of the Chamber of Commerce and the businesses we serve. Continued City funding will
allow us to continue to provide this service for residents and visitors.
The Chamber has also represented the City of Ukiah at the promotional events of the Mendocino County
Promotional Alliance. The Chamber has had a presence at each of the five Mendocino Bounty events held in
San Francisco, Sacramento, Los Angeles and Chicago. Promotional materials and a pictorial display of the
community and surrounding area have reached an estimated 3,500 attendees to these five trade shows. The
Chamber also provides information used on the Mendocino County Promotional Alliance Website and links to
our website and area businesses through their nationally publicized website. The Chamber continually strives to
promote the City of Ukiah through all avenues available.
The investment we request provides returns to the City in sales and bed tax dollars many times over. The
Chamber's efforts in tourism support, relocation support, the annual Fourth of July Celebration, Ukiah Country
PumpkinFest, Small Town Christmas, Holiday Trolley, Truckers Light Parade, Community of Champions
Awards Program, community promotion and business development ensure that the Ukiah area will continue to
be seen by its residents and others as a premier place to visit, live & do business. The Greater Ukiah Chamber
of Commerce has worked well with the City of Ukiah and we look forward to continuing this public/private
partnership.
Sincerely,
Kathie Spencer, President
Greater Ukiah Chamber of Commerce
ITEM NO. 8a.
DATE: JUNE...'/,,2000
AGENDA SUMMARY REPORT
SUBJECT:
REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM
ROGERS AND REFERRAL TO JOINT POWERS AUTHORITY,
EMPIRE MUNICIPAL INSURANCE FUND
SCHUYLER
REDWOOD
The claim from Schuyler Rogers was received by the City of Ukiah on May 16, 2000
and alleges damages related to a flying object from a City vehicle on May 15, 2000 on
Talmage Road.
Pursuant to City policy, it is recommended the City Council reject the claim as stated
and refer it to the Redwood Empire Municipal Insurance Fund (REMIF).
RECOMMENDED ACTION' Reject Claim for Damages received from Schuyler Rogers, and
Refer It to the Joint Powers Authority, REMIF.
ALTERNATIVE COUNCIL POLICY OPTIONS'
Alternative action not advised by the City's Risk Manager.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with'
Attachments:
Yes
Claimant ~,~~~~
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Claim of Schuyler Rogers, pages 1-3.
APPROVEI~' _(~~.,:. ( .
Candace Horsley, Ci~Mana§er
mff~:asrcc00
0605CLAIM
NOTICE OF CLAIM AGAINST
THE CITY OF UKIAH, CALIFORNIA
This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1. of the Government ~nd~nf_~_~ e
State of California, by the claimant or by a person acting on his/her behalf. -
RETURN COMPLETED FORM TO: CITY OF UKIAH
Attn: City Clerk
300 Seminary Avenue
Ukiah, California 95482
1.
.
CLAIMANT'S ADDRESS: ~ ~ I ~ .~, c~_ O. ../~ ~- .~ ~ ~-
Number/Street and/or Post Office Box
~ : (~'ITY OF UKIAH -
CITY CLERK'S DEPARTMENT
City State Zip Code
(~'~) ~2 - 9.3 ':/(o
Home Phone Number
( )
Work Phone Number
3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above):
Name
Number/Street and/or Post Office Box
( )
Telephone
City State Zip Code
4. DATE OF THE ACCIDENT OR OCCURRENCE:
.
o
PLACE OF ACCIDENT OR OCCURRENCE: ---~-d~._\ ~,~C~.<'~ ~-c~ ~-~' ~d',.~ C_O
GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more
space is needed): _
7. NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS:
.
WITNESS(ES), if known (optionaO: ,,~ Name
b.
Address Telephone
.
DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED:
Name Address
a.
Telephone
b.
10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY,, ~DAMAGE OR LOSS, so far
es it;may.be; known.,a, t..th~, time. o, f presentation of the claim:
.,
1 t$~t'TE,';THEA'MO~NT'
· ~ CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of
Prese~tati°n of t'he 'claim, including the estimated amount of any prospective injury, damage or loss, insofar
........ aS it'maY be known at tl~' time of the presentation of the claim, together with the basis of computation of the
amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand
dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim
would be a limited civil case (CCP § 85)."
Amount Claimed $ 'L~ I ~
~ i rv~ ~_.~(~!< or Applicable Jurisdiction
12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS:
a. Damages incurred to date:
Expenses for medical/hospital care:
Loss of eamings:
Special damages for;.
General damages:
b. Estimated prospective damages as far as known:
Future expenses for medical and hospital care:
Future loss of earnings:
Other prospective special damages: .$
Prospective general damages:
This c/aim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of
action for death or for injury to the person or to persona/property or growing crops shall be presented not later than
six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. C/aims relating
to any other causes of action shall be presented not later than one (1) y~,." a~_ r ~c~/3e_cau~of action.
S/GNA TURE OF CLAIMANT(S)
Received in the Office of the City Clerk this
day of
NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it
satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of
your legal rights or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law,
you should seek legal counsel of your choice at your own expense.
Rev. 5/18/99
ACME
AUTO (~LASS & UPHOLSTERY
295 Norton St. * Ukiah, CA 95482 · (707) 463-2609
NAME
ClIY
ISI'ATE/'ZIP
M~E /~ !, ,,,. V.~.N.
YEAR PO NO.
MO°E,. _'"i"~:?. 6f/ ~E~E,
~CASH ~ICHARGE O CREDIT CARD: ~M.C. Cl VISA
~ICHECK: CHECK No. D/L No.
Bank
WORK PHONE
HOME PHONE
INSURANCE COMPANY CLAJM ADJUSTER
REMARKS:
TERMS: All accounts are due and payable on the 10th of the month following purchase. A finance charge of 1 i/~%
per month, which Is an annual percentage rate of 18%, will be applied to the unpaid balance.
RETURN INFORMATION: Spec/al orde~ltems are not returnoble. No refunds or exchanges without receipt. Electrical
or electronic parts are not returnable. There will be a 20% handling charge on all returned merchandIse.
VEHICLES AND EQUIPMENT LEFT OUT OVERNIGHT NOT COVERED BY OUR INSURANCE.
NOT RESPONSIBLE FOR EQUIPMENT AND/OR REPAIRS LEFT OVER 30 DAYS.
I hereby authorize the repair and/or Installation work to be done along with the necessary moteriaIs. You and your
employees may operate vehicle for purpases of testing, inspection or delivery at my risk. An express mechanic's lien
Is acknowledged on vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or
damage to vehicle or articles left in vehicle In case of fire, theft, accident or any other cause beyond our control.
Authorized By: X
/V, 70
ITEM NO. 8b
DATE: June 7, 2000
AGENDA SUMMARY REPORT
SUBJECT:
REPORT TO COUNCIL REGARDING PROCUREMENT OF COMPUTER
SOFTWARE TRAINING SERVICES FROM REDWOOD COMPUTERS IN THE
AMOUNT OF $5,355.
In compliance with Section 1522 of the Ukiah City Code, this report is submitted to the City
Council for notification regarding the procurement of services for more than $5,000 but less than
$10,000. Bids were solicited from five computer software training/consulting firms to provide City
staff with training in Microsoft Word 2000 and Microsoft Excel 2000. Of the five firms contacted,
three are located in Ukiah, one in Santa Rosa, and one in Petaluma. Redwood Computers in
Petaluma was the only vendor to respond with a cost of $5,355.00. A purchase order was issued
and 38 staff members participated in training classes over a three-day time period.
RECOMMENDED ACTION:
Receive and file report regarding the procurement of training
services from Redwood Computers in the amount of
$5,355.00.
ALTERNATIVE COUNCIL POLICY OPTIONS: None
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
NA
Paulette Klingbeil, Information Technology Coordinator
Candace Horsley, City Manager
None.
appROVED:~~i~
Can'n'n'n'n'n'n'n'n'~ce~Horsleyl Ci~/Manager
mfh:asrcc00
0607TRAINING
ITEM NO.
DATE: June 7, 2000
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF THE CITY OF UKIAH STATEMENT OF INVESTMENT
POLICY FOR FISCAL YEAR 2000/2001
The City Council is authorized to review and approve the City's Statement of Investment
Policy on an annual basis. Nancy Jones of Investment Advisor's Public Financial
Management firm has suggested three small changes to our current policy which are
described in the attached letter. These revisions have been incorporated into the
Statement of Investment Policy as of June 2000, which is attached for Council's review and
approval. The City's Investment Committee members have also had an opportunity to
review and comment on the suggested changes.
RECOMMENDED ACTION: Approve the City of Ukiah Statement of Investment Policy for
Fiscal Year 2000/2001.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: City Investment Committee
Requested by:
Prepared by:
Attachments:
Candace Horsley, City Manager
Candace Horsley, City Manager
1. Memo from Nancy Jones, PFM
2. Statement of Investment Policy
3. Memo from Allen Carter, City Treasurer
APPROVED:
R:4/CAN
ASRSIP.00
Candace Horsley, City IVILa-~ger
03/10/00 19:31
ublic Financial Management
Finendal and Investment Advisors
505 Montgomery Street 415 982-5544
Suile 800 415 982-4513 fax
San Francisco, CA 94111
OO2
May 10, 2000
TO:
Candace Horsley, City Manager
City of Uldah
FROM: Nancy Jones
INVESTMENT POLICY REVIEW
I have reviewed the investment policy that was adopted June 1998, and recommend three changes for the
approval of the policy in 2000. They are as follows:
1. Clarify the heading authorizing investment in money market funds.
2. Raise the maximum limit that may be invested in LAIF.
3. Incorporate the revisions that the California Government Code made regarding the authorization of
corporate notes.
1. Money Market Funds
The title of (1) under the V. Authorized Investments section of the policy reads Money Market Mutual
Funds. However, the language in the policy correctly reflects that the City is permitted only to invest in
money market funds and not mutual funds. It is our recommendation to amend the title to read (1) Money
Market Funds.
2. LAIF
Since the investment policy was last approved in 1998, LAIF has raised their maximum limit to $30
million.
3. Definition of Medium-Term Notes
Effective January 1, 2000, the definition of "medium-term notes" as used m subsection "j" of §53601 and
§53635 was clarified. Previously §53601(j) and §536350) permitted "medium-term notes of a maximum
of five years maturity issued by corporations organized and operating within the United States or by
depository institutions licensed by the United States or any state and operating within the United states."
Many public entities thought the Code permitted them to buy corporate notes with a remaining maturity
of five years or less. But a "medium-term note" is a specific type of security as defined by the SEC. By
05/10/00 19:32 '~' ~003
PFM
SEC definition it is a different investment instrument than a "corporate note." The California legislature
clarified the definition of medium-term notes so that medium-term notes are now defined as "all corporate
and depository institution debt securities with a maximum remaining maturity of five years or less, issued
by corporations organized and operating within the United states or by depository institutions licensed by
the United States."
We recommend incorporating the revised definition into the City's Investment Policy (k) Medium-Term
Notes as follows:
(k) Medium-Term Notes: The City may invest in all corporate and depository institution
debt securities with a maximum remaining maturi.t3, of five years or less,, ..'~d~:'.:'m
notes-issued by corporations organized and operating within the United States, or by
depository institutions licensed in the United States or any state and operating within the
United States. Notes eligible for investment shall be rated "A" or better by a nationally
recognized rating service. Purchase of medium-term notes may not exceed 30% of the
portfolio.
CITY OF UKIAH
STATEMENT OF INVESTMENT POLICY
June 2000
I. PURPOSE
The purpose of this document is to establish and organize investment policies which will
govern the investment activities of the City of Ukiah.
II. SCOPE
This investment policy covers all the City's surplus funds and investments (except
retirement funds) and investment activities under the direction of the City. Investment of
bond proceeds will be further restricted by the provisions of relevant bond documents.
The investment policies of the City of Ukiah are based on state law and prudent money
management practices. All funds will be invested in accordance with this Investment Policy
and applicable California Government Codes, including sections 53601 and 53635, et seq.
III. OBJECTIVES
The primary objectives of the City, in order of priority, shall be:
1) Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City shall be undertaken in a manner that seeks to ensure
preservation of capital in the portfolio.
2) Liquidity: The investment portfolio of the City will remain sufficiently liquid to
enable the City to meet its cash flow requirements.
3) Yield: The investment strategy of the City shall be to earn a reasonable
investment return, considering current market conditions, and within the
parameters set forth by priorities (1) and (2) above.
An adequate percentage of the portfolio shall be maintained in liquid, short-term securities
which can be converted into cash if necessary to meet forecasted disbursement
requirements. The portfolio shall also be appropriately diversified to avoid unreasonable
and avoidable risks regarding specific security types or individual financial institutions.
IV. POLICIES
.
Public Funds: It is the policy of the City of Ukiah to invest public funds in a
manner which will provide the maximum safety and liquidity, while earning an
investment return consistent with the objectives and parameters set forth by this
policy.
.
Prudent Investor Rule: Ukiah operates its investments program under the
Prudent Investor Rule which states, "Investments shall be made with judgment
and care, under circumstances then prevailing, which persons of prudence,
discretion, and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the probable safety of their capital
as well as the probable income to be derived."
.
Management Responsibilities: Management responsibility for the investment
program is delegated, for a one-year period, subject to annual review and
delegation, to the City Treasurer. The City Treasurer may further delegate day-to-
day management of the investment program to a professional external investment
advisor.
.
Internal Controls: A system of internal controls shall be established and
documented in writing by the Finance Director. The controls shall be designed to
prevent losses of public funds arising from fraud, employee error,
misrepresentation of third parties, unanticipated changes in financial markets, or
imprudent actions by employees and officers of the City of Ukiah. Controls
deemed most important include: minimization of opportunities for collusion,
separation of duties, separation of transaction authority from accounting and
recordkeeping, avoidance of bearer-form securities, specific limitations regarding
securities losses and remedial actions, written confirmation of all transactions,
minimizing the number of authorized investment officials, documentation of
transactions and strategies, and proper review and approval of brokerage
accounts and investment transactions.
.
Safekeeping, Custody, and Delivery: The City's investments shall be held in
safekeeping, in the name of the City of Ukiah, by a third party custodian.
Investment transactions shall be executed and settled using the "delivery vs.
payment" method.
.
Reporting: The City Treasurer shall present to the Investment Oversight
Committee and City Council monthly investment reports. Required elements of
the report will include type of investment, issuer, purchase and maturity dates,
rating, purchase price, par, current market value as of the date of the report and
the source of this valuation, and yield to maturity. These reports shall include a
list of all transactions during the past month.
.
.
On a quarterly basis, within 30 days following the end of the quarter, the City
Treasurer will deliver to the City Manager, Investment Oversight Committee and
City Council an investment report which will provide data similar to the monthly
report; this report will include (I) a statement that the portfolio is in compliance with
the policy or the manner in which the portfolio is not in compliance and (ii) a
statement denoting the ability of the City to meet its expenditure requirements for
the next six months, or provide an explanation as to why sufficient money shall,
or may, not be available. Deviations from expectations shall be reported in a
timely manner and shall include recommendations for appropriate action to control
adverse developments.
The Oversight Committee will meet at least every six months in order to conduct
a comprehensive review of the investment activities of the City so as to insure that
regulations are being adhered to and that strategies are being followed.
Conflict of Interest: In accordance with California Government Code sections
1090, et seq. and 87100, et seq., officers and employees of the City will refrain
from any activity that could conflict with the proper execution of the investment
program or which could impair their ability to make impartial investment decisions.
All investment personnel shall comply with the reporting requirements of the
Political Reform Act, to include the annual filing of Statements of Economic
Interest.
Return On Investment: The City's investment portfolio shall be designed to
attain a market-average rate of return through economic cycles. The Investment
Oversight Committee will measure the portfolio against an appropriate benchmark.
.
Annual Review of Policy: The Treasurer shall annually render to the City
Council and the Investment Oversight Committee a Statement of Investment
Policy, which shall be considered at a public meeting. Any changes in the policy
shall also be considered by the City Council at a public meeting.
V. AUTHORIZED INVESTMENTS
Generally, investments shall be made in the context of the "prudent investor rule." The City
is further governed by applicable California Government Codes, including sections 53600,
53601 and 53635, et seq. Within the context of these regulations, the following
investments are authorized, and further limited herein:
(a) Ukiah Bonds: Bonds issued by the City of Ukiah, including bonds payable solely
out of the revenues from a revenue-producing property owned, controlled, or
operated by the City or by a department, board, agency, or authority of the City.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
U.S. Treasuries: United States Treasury notes, bonds, bills, or certificates of
indebtedness, or those for which the full faith and credit of the United States are
pledged for payment of principal and interest.
California State Obligations: Registered state warrants or treasury notes or
bonds of this state, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by the state or by a
department, board, agency, or authority of the state.
Local Agency Obligations: Bonds, notes, warrants, or other certificates of
indebtedness of any local agency within this state, including bonds payable solely
out of the revenues from a revenue-producing property owned, controlled, or
operated by the state or by a department, board, agency, or authority of the state.
U.S. Agency Obligations: Obligations issued by banks for cooperatives, federal
land banks, federal intermediate credit banks, federal home loan banks, the
Federal Home Loan Bank Board, the Tennessee Valley Authority, or in
obligations, participations, or other instruments of, or issued by, or fully
guaranteed as to principal and interest by, the Federal National Mortgage
Association; or in guaranteed portions of Small Business Administration notes; or
in obligations, participations, or other instruments of, or issued by, a federal
agency or a United States government-sponsored enterprise.
Bankers Acceptances: Bills of exchange or time drafts drawn on and accepted
by a commercial bank, otherwise known as bankers acceptances. Purchases of
bankers acceptances may not exceed 270 days maturity or 40% of the portfolio.
Commercial Paper: Commercial paper ranked "PI" by Moody's Investor
Services or "Al" by Standard and Poor's, and issued by domestic corporations
having assets in excess of $500,000,000 and having an "A" or higher rating on its
long term debt as provided for by Moody's or Standard and Poor's. Purchases of
eligible commercial paper may not exceed 180 days to maturity nor represent
more than 10% of the outstanding paper of an issuing corporation. Purchases of
commercial paper may not exceed 15% of the portfolio. An additional 15%, or a
total of 30% of the portfolio may be invested in commercial paper if the dollar
weighted average maturity of the amount invested in commercial paper does not
exceed 31 days.
Negotiable Certificates: Negotiable certificates of deposit issued by a nationally
or state-chartered bank or a state or federal savings institution, or a state-licensed
branch of a foreign bank ("Yankee CD"). Purchases of negotiable certificates of
deposit may not exceed 30% of the portfolio.
(i) Repurchase Agreements: The City may invest in repurchase agreements with
(J)
(k)
banks and dealers with which the City has entered into a master repurchase
agreement. The maturity of repurchase agreements shall not exceed 365 days.
The market value of securities used as collateral for repurchase agreements shall
be valued at 102% or greater of the funds borrowed against those securities at all
times and shall be monitored daily by the investment staff. In order to conform
with provisions of the Federal Bankruptcy Code, which provide for the liquidation
of securities held as collateral for repurchase agreements, the only securities
acceptable as collateral shall be direct obligations of the United States or any
agency of the United States as described in (b) and (e).
In addition, the City may enter into repurchase agreements only with "primary
dealers" as designated by the Federal Reserve Bank of New York. ,All securities
underlying Repurchase Agreements must be delivered to the City's custodian
bank (delivery vs. payment) or be handled under a properly executed "tri-party"
repurchase agreement. The market value must be recalculated each time there
is a substitution of collateral. The City or its trustee shall have a perfected first
security interest under the Uniform Commercial Code in all securities subject to
Repurchase Agreement.
Reverse Repurchase Agreements: The City may invest in reverse repurchase
agreements only with "primary dealers" with which the City has entered into a
master repurchase agreement contract. The City may invest in reverse
repurchase agreements with the following conditions:
Reverse repurchase agreements may be used only after prior approval of the City
Council. The City may only use reverse repurchase agreements to (1) cover a
temporary cash shortage, or (2) augment earnings. Reverse repos may not be
used to leverage the portfolio. In addition:
If a reverse repurchase agreement is authorized, it may be utilized only if the
security to be sold on a reverse repurchase agreement has been owned and fully
paid for by the City for a minimum of 30 days prior to the sale; the total of all
reverse repurchase agreements on investments owned by the City does not
exceed 20% of the portfolio; and the agreement does not exceed a term of 92
days, unless the agreement includes a written codicil guaranteeing a minimum
earning or spread for the entire period between the sale of the security using a
reverse repurchase agreement and the final maturity date of the same security.
The proceeds of the reverse repurchase agreement may not be invested in
securities whose maturity exceeds the term of the reverse repurchase agreement.
Medium-Term Notes: The City may invest in all coporate and depository
institution debt securities with a maximum remaining maturity of five year or less,
issued by corporations organized and operating within the United States, or by
depository institutions licensed in the United States or any state and operating
within the United States. Notes eligible for investment shall be rated "A" or better
by a nationally recognized rating service. Purchase of medium-term notes may
not exceed 30% of the portfolio.
Money Market Funds: Shares of beneficial interest issued by diversified
management companies that are money market funds registered with the
Securities and Exchange Commission under the Investment Company Act of
1940. To be eligible for investment these companies shall either: (i) attain the
highest ranking or highest letter and numerical rating provided by not less than two
nationally recognized statistical rating organizations, or (ii) have an investment
advisor registered or exempt from registration with the Securities and Exchange
Commission with not less than five years' experience managing money market
mutual funds with assets under management in excess of five hundred million
dollars ($500,000,000). The purchase price of shares of beneficial interest
purchased shall not include any commission that these companies may charge
and shall not exceed 20 percent of the City's portfolio.
(m) Local Agency Investment Fund: The City may invest in the Local Agency
Investment Fund (LAIF) established by the State Treasurer for the benefit of local
agencies up to the maximum permitted under Section 16429.1 of the Government
Code. Current maximum is $30 million.
(n)
(o)
Time Deposits: The City may invest in non-negotiable time deposits FDIC
insured or fully collateralized in financial institutions located in California, including
U.S. branches of foreign banks licensed to do business in California. All time
deposits must be collateralized in accordance with the California Government
Code section 53561, either at 150% by promissory notes secured by first
mortgages and first trust deeds upon improved residential property in California
eligible under section (m) or at 110% by eligible marketable securities listed in
subsections (a) through (I) and (n) and (o). Since time deposits are not liquid, no
more than 25% of the cost value of the portfolio may be invested in this category.
Mortgage-Backed and Asset-Backed Securities: Any mortgage pass-through
security, collateralized mortgage obligation, mortgage-backed or other pay-
through bond, equipment lease-backed certificate, consumer receivable pass-
through certificate, or consumer receivable-backed bond of a maximum of five
years maturity. Securities eligible for investment under this subdivision shall be
issued by an issuer rated in a rating category of "AA" or its equivalent by a
nationally recognized rating service and having an "A" or higher rating for the
issuer's unsecured debt, as provided by a nationally recognized rating service.
Purchase of securities authorized by this subdivision may not exceed 20% of the
agency's surplus money that may be invested pursuant to this section.
VI. INELIGIBLE INVESTMENTS
The City may only invest in those obligations authorized by this policy. The City shall not
invest any funds in inverse floaters, range notes, or interest-only strips that are derived
from a pool of mortgages, or in any security that could result in zero interest accrual if held
to maturity. However, the City may hold prohibited investments until their maturity dates.
VII. PORTFOLIO LIMITS AND DIVERSIFICATION
,
Maximum Investment Maturity: Unless otherwise noted within this investment
policy, the City may not invest in a security with a maturity that exceeds five years
from the date of purchase. Investments which exceed five years in maturity
require authority granted by City Council before purchase. Written authority of the
City Council must be granted specifically or as part of an investment program no
less than three months prior to the date of purchase.
,
Maximum Portfolio Average Maturity: The target maximum average maturity
of the City's investment portfolio shall not exceed 2.5 years to control overall
exposure to interest rate risk.
.
Diversification: With the exception of obligations of the United States
Government and its Agencies, no more than 10% of the portfolio may be invested
in the securities of any single issuer.
4: Fin:Invest98. Poi
M'emo
To:
From:.
CC:
Date:
Re:
Candacg .Harsley, City.Manager
R. Allen Carter, CFP
05/23D000
STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2000/2001
! .have .read and .reviewed the Stateme~ of .Investment Policy far fiscal year 2000./01 and .have .no
additions or deletions. I believe our investment plan and investments policy as currently implemented
meets or exceeds alt current State and Federal statues regarding public investments.
Sincerely,
R. Alien Carter, CFP
· Page 1
ITEM NO. 8d
DATE: June 7, 2000
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF LEASE WITH FEATHER LITE, INC., FOR A 7,000 SQUARE FOOT
PORTION OF THE UKIAH REGIONAL AIRPORT
Over the last few months staff has been negotiating with the Feather Lite Corporation for the possible
relocation and expansion of its business to the Ukiah Regional Airport. Terms and conditions of a
proposed ground lease, which is adjacent to the northern boundary of the Fed Ex building, have been
tentatively agreed upon between the company and staff and incorporated in the lease agreement
attached to this report for the City Council's consideration.
Feather Lite is a small but widely recognized design and manufacturing firm of experimental aircraft
and aircraft parts. The company currently has five employees and is in need of expansion space to
respond to the increased demand for its products. The company is also the lead firm in the design
and development of a new experimental plane and intends to utilize the additional space of a new
building to complete construction of a prototype model which will eventually be produced at the
proposed site. Should Feather Lite's expansion plans be realized it will eventually employ between
20 and 30 people.
(Continued on Page 2)
RECOMMENDED ACTION: Approve lease with Feather Lite Corporation for a 7,000 square foot
portion of the Ukiah regional Airport and authorize City manager to execute agreement.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine proposed Lease requires revision and approve as revised.
2. Determine approval of proposed Lease is inappropriate at this time and do not move to
approve.
Citizen Advised'
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Feather Lite, Inc.
Larry W. DeKnoblough, Community Services Director
Candace Horsley, City Manager
Don Bua, Airport Manager
1. Proposed Lease
LD4 Candace Horsley, Ci~,Manager
Feathed.ASR
The proposed lease is for a term of 40 years and is in the amount of $.03 per square foot for the 7,000
square foot building site with an escalator clause based upon the Consumer's Price Index. This
amount is consistent with the rent charged in other recent leases for airport development. As new
development, there are several conditions relative to site preparation and construction which will be
required of Feather Lite with a cost of approximately $27,000. To assist in the development of the
property, staff has offered to relocate to the north of the property an existing drainage ditch which runs
through the proposed lease site. This will involve minor survey work, retrenching, and
undergrounding the drain line. While performing the survey work for the drain line, City staff will also
perform preliminary building site grades for the building site. Capital Improvement Fees for utility
extensions and hookups, estimated to be in the amount of $15,813 will be paid by the tenant. Staff
is recommending payment of these fees be deferred for two years to allow the company to absorb the
initial financial impact of relocating to Ukiah and constructing its new facility.
The project will also require the extension of the Airport frontage road at the Lessee's expense. This
will involve the extension of approximately 120 feet of access with curb and gutter. Staff is proposing
these improvements be completed in two phases. The first phase would include the extension of the
road through the southern most driveway of the leased property. The tenant will also be required to
pave the entire parking area between the proposed building and the frontage road as well as
landscape around the building on both the western side facing State Street and southern side facing
Fed Ex. The second phase, which would complete the road to the northern property line, will be
completed within two years of signing the lease or upon the City securing a lease for development
of the property to the north of Feather Lite's site.
As a design and manufacturing firm Feather Lite is not a flight based business and therefore will not
create additional flight impacts on the Airport other than flights generated by the owners of the
company. The company's products and supplies are generally brought in and taken out by truck with
only an occasional flight delivery. Staff believes the Feather Lite Corporation provides an excellent
opportunity to utilize the Airport for economic development by placing an aviation related business
with the potential for substantial growth in manufacturing based jobs. The proposed lease is
consistent with other agreements recently approved by the Council and staff is recommending
approval of this proposed lease with Feather Lite Inc., and authorization of the City Manager to
execute the agreement.
LEASE AGREEMENT
This Lease, made this day of , by and between the City of Ukiah, State of
Califomia, acting by and through its City Council, hereinafter referred to as "Lessor" and Feather Lite,
Inc., hereinafter referred to as "Lessee."
RECITALS:
1. Lessor has the authority contained in Govemment Code Section 37380 and 37395 and does
determine that the use of certain property owned by the Lessor is not required for its use at this time
and is available for Lease, and
2. The use of said property by the Lessee would be and is beneficial for the citizens of the City
of Ukiah.
LEASE AGREEMENT
1. LEASE.
The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does
hereby let to Lessee and Lessee does hereby hire from Lessor a 7,000 square foot portion of that
certain parcel of property commonly referred to as "Ukiah Regional Airport, located at 1411 South
State Street, City of Ukiah, County, and more specifically described on the attached "Exhibit A" or
together with a right of access thereto.
2. TERM.
The term of this Lease is for a period of forty(40) years commencing on the date set forth above.
Lessee shall have the dght to renew this lease subject to terms and conditions which shall be agreed
upon at the time of renewal. The term of this lease shall not commence until such time as Lessee
secures all necessary permits for the improvements to the property, except that, Lessee shall have
six months from the date approval of this lease by the City Council to secure said permits, after
which time lessee shall either initiate the lease or the approval shall be null and void.
3. RENT.
3.1 Amount. As rent for the term hereby demised, Lessee agrees to pay to Lessor the
sum of $210 per month. At the commencement of the second year and each year thereafter the
rent shall increase by the percentage change in the Consumer Price Index (CPI) during the
preceding calender year (January to December) but not to exceed 5% in any calender year. CPI
means the index for all urban consumers (1982-1984 = 100), U.S. City average, all items, published
by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is
discontinued or otherwise not available, "CPI" shall mean such comparable statistics on the
purchasing power of the consumer dollar as is reasonably agreed on between Lessor and Lessee.
-1-
3.2 When due; late fees and interest. Rent shall be due on the fifth (5th) day of each
month and shall be considered delinquent if not received by the Lessor's Finance Department
located at 300 Seminary Avenue in Ukiah by 5:00 p.m. on the tenth (10th) day of the month. Lessee
shall pay a late fee of $10, if the payment is delinquent. In addition, Lessor may charge Lessee
interest on the unpaid portion of the delinquent payment until paid in full as provided in Ukiah City
Code section 2051.
3.3 Payment of taxes and assessments. Lessee shall also pay any real property,
possessory interest or personal property taxes, and assessments imposed on the leased premises,
property located on or affixed to the lease premises or as a result of the lease, use or ownership of
the leased premises.
4. USE AND IMPROVEMENTS.
Lessee hereby agrees to install all permanent improvements which shall become part of said
property and title to said improvements shall be vested in the LesSor upon termination of the
forty(40) year term of this lease.
4.1 Condition of the leased premises: Except as provided in Paragraph 1.1 of this
lease, Lessee hereby agrees to accept the use of the leased premises in "AS IS" condition,
understanding that Lessor makes no representations as to the condition of the premises or its
suitability for the uses contemplated by Lessee. Lessee assumes the obligation at its own expense
to remove and properly dispose of any toxic or hazardous substances that may exist on the
premises, if such substances are found to exist on the premises and must be removed in order for
Lessee to make use of the leased premises. Lessee represents that it has made a thorough in-
spection of the premises and has undertaken to repair or adequately warn of any conditions on the
premises that might constitute a hazard or danger to persons using or present on the leased
premises.
4.2 Use of Improvements. Lessee shall use the leased premises exclusively for
aviation related purposes and/or the production of aviation products. If Lessee fails to use the
Leased Premises for such purposes for a period of ninety (90) days, the lease shall terminate and
Lessee shall restore possession to Lessor. Lessee shall keep the exterior area surrounding the
hangar neat and orderly, and clear of all cans, rags, boxes, excess aircraft parts, and other items.
Lessee shall not interfere with the use of the airport by others and shall not maintain or allow a
nuisance on the Premises.
-2-
4.3 Improvements and modifications. Lessee agrees to complete all improvements
to the leased premises under the terms and conditions identified below:
a. City to survey site to set preliminary building and drainage elevations
b. Existing drainage ditch relocated by City.
c. City to provide engineering for Water and Sewer Utilities extension with
tenant providing installation at time of building construction.
d. Capital improvement fees for utilities deferred by City for two years.
e. Frontage road to be extended to north end of lease line by Tenant in
two phases. First phase to be completed at time of building
construction and extend to and including Tenant's southern most
driveway entrance and parking lot. Second phase to be completed
within two years from the date of lease execution or if City acquires a
tenant for the property north of tenant's site, whichever comes first.
f. Parking and circulation area to be located at western front of building
and paved by Tenant at time of construction.
g. Tenant shall provide and maintain landscaping on the west and southern
borders of the building improvements at the approval of the Airport Manager.
Lessee shall not initiate any improvements or alterations to the leased premises without the prior
written approval of Lessor through its City Manager or his or her designee.
4.4 Ownership of Improvements. Lessee shall retain during the term of this
agreement ownership of all installed improvements on the leased premises. Title to said
improvements shall vest in lessor upon termination of the lease.
4.5 Maintenance and repair. Lessee agrees to keep the premises and all
improvements in good repair and order and to bear the full cost for all maintenance and repair of the
leased premises and all Lessee installed improvements.
4.6 Storage or use of toxic or hazardous substances. Lessee shall not dispose or
permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or
toxic substances are disposed of or released on the leased premises by Lessee or as a result of
Lessee's activities during the term of this lease, Lessee shall assume the entire obligation to clean
up any such substances and shall fully indemnify, defend and hold harmless the Lessor and its
officers, agents and employees from any claim, damage, loss, liability, cost or expense of any nature
whatsoever adsing out of the release or disposition on the leased premises of any toxic or hazardous
substance.
4.7 Permits. Lessee shall acquire any necessary or required permits from the
appropriate regulating body for the use of the leased premises.
-3-
4.8 Compliance with laws. Lessee shall insure that no alcoholic beverages are
possessed or consumed on the leased premises at any time. Lessee shall not use or permit the
leased premises to be used except in full compliance with all rules, regulations, laws or ordinances
of the City of Ukiah and the State of California, and the Federal Government.
4.9 Utilities. Lessee shall furnish at its sole expense all utilities necessary for use of
the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and
garbage collection.
5. ASSIGNMENT.
Lessee will not assign this Lease or any interest therein and will not let or sublet the leased
premises without the prior written consent of Lessor. The City Manager may consent to an
assignment of the Lease on behalf of Lessor, if the assignment is to a lending institution and
necessary for the Lessee to finance the construction of Lessor approved improvements on the
leased premises. The City Manager may agree to commercially reasonable terms and conditions
in connection with an assignment required for financing purposes. The City Council must approve
all other assignments and subleases. Lessor shall not withhold approval unreasonably of Lessee's
request to assign this Lease. Any assignee must meet all criteria duly adopted by Lessor for leasing
said property for airport related uses and the assignment of the Lease must be consistent with the
Airport Master Plan, adopted by Lessor. If any assignment occurs in violation of this paragraph,
Lessor may terminate this Lease and recover possession of the leased premises, including any
improvements located on the leased premises which, under the terms of this Lease, become the
Lessor's property upon termination of the Lease. "Assignment" includes both voluntary assignments
and assignments that occur involuntarily or by operation of law.
6. INDEMNIFICATION AND INSURANCE.
6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any
damages for personal injury or property damage resulting from the use made by Lessee of the
leased premises, any defective condition or faulty construction of the leased premises existing at the
time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save
harmless said Lessor and its officers, agents and employees from and against any and all claims,
liability, loss, cost, or other obligation, including reasonable attorneys' fees, on account of or arising
out of Lessee's use of the leased premises.
6.2 Liability insurance. Lessee covenants and agrees during the life of this Lease at
Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for
Lessees (No Auto Risks), attached hereto and incorporated herein by reference.
-4-
7. TERMINATION.
Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute
a material breach of the lease and furnish grounds for termination of this lease. Any action taken
or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a
voluntary or involuntary petition in the United States bankruptcy court, any assignment for the benefit
of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event,
Lessor shall have the dght to terminate this lease and retake possession of the lease premises and
any improvements which upon termination of the lease become of the property of Lessor.
8. HOLDING OVER.
Holding over by the Lessee after the termination of this lease shall not constitute a renewal or
extension thereof or give the Lessee any rights hereunder or in or to the leased premises.
9. INSPECTION.
The Lessor and its authorized representatives shall have the dght, at any reasonable time during
the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same
and all buildings and other improvements erected and placed thereon.
10. ATTORNEY'S FEES.
In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the
other party its reasonable costs and attorneys' fees.
11. TIME OF ESSENCE.
Time is of the essence of this agreement.
12. WAIVER.
City's waiver of any default in Lessee's performance of any condition of this Lease, including the
obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach
of the same or a different condition of this Lease. Acceptance of subsequent rental payments from
Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain
prior approval to an assignment of this Lease.
-.5-
13. NOTICES.
Any wdtten notice required hereby shall be deemed given and received when personally served
or placed in the United States mail, with proper first class postage prepaid, and addressed as
follows:
TO LESSEE:
Feather Lite
PO Box 781
Booneville, CA 95415
TO CITY:
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
14. PARAGRAPH HEADINGS.
Paragraph headings are included for the convenience of the parties and are not intended to
define or limit the scope of this Lease.
15. PREVIOUS AGREEMENTS.
Any and all existing statements or agreements, whether oral or written, or renewals thereof,
between the parties hereto, covedng the same subject matter, are hereby canceled and superseded
by the terms of this Lease, and such prior agreements, statements or understandings shall have no
further force or effect.
16. DUPLICATE ORIGINALS.
This Lease may be executed in one or more duplicate originals bearing the original signature
of both parties and when so executed any such duplicate original shall be admissible as proof of the
existence and terms of this Lease.
Entered on the date first written above.
CITY OF UKIAH
ATTEST:
By:,
City Clerk
LESSEE
By:
Its:
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LD/AGR
FEATHERL.AGR
i
Exhibit "B"
INSURANCE REQUIREMI.]N'rS FOIl LESSEES (NO AUTO RISKS)
Lessee sl~all procure and maintain for the duraLion of the contract insurance
against claims for injuries to persons or damages to property which may arise
fro~u or in connection with the Lessee's operation and use of tl~e leased premises.
'l'l~e cost o£ such i~surance shall be borne by tl~e Lessee.
Mil~imum Scope of Insurance
Coverage shall be at least as broad a~:
1. Insurance Services Office Commercial General Liability coverage
("occurrence' form CG 0001).
2. Workers' Compensation insurance as r.ecluired by the State of CaLifornia and
Employer's LiabLgty insurance (for lessees with employees).
3. Property insurance against all risks of loss to any tenant improvements or
bett~r~e~ts.
Minimum Limits of Insurance
Lessee sh~l maintain lingts no less than:
]. General Liability: $1,000,000 per occurrence for bodily injury, personal
ii,jury a~cl property damage. If Commercial General Liability Insurance or
oilier [or-n~ with a general aggregate limit is used, either the general
aljgrega[e li~nit sl~al_t apply separately to this project/location or the
general aggregate limit shall b~ twice Lhe required occurrence limit.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. l'roperty I~surance: Full replacement cost with no coinsurance penalty
provision.
Deductibles and Self-Insured Retentions
Any deductibles er self-insured retentions must be declared, to and approved by
tI~e City. At the option of tl~e City, either: the insurer shall reduce or eliminate
sucl~ deductibles or self-insured retenLions as respects the City, its
o£[icials, employees and volunteers; or the Lessee shall provide a £Jnancial .
guarantee satisfactory to the City guaranteeing payment .o£ losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, tt~e following
provisions:
1. 'rl~e City, its officers, officials, employees and volunteers are to be covered
;~:; i~.,;ureds witl~ respect to l. iability arising out of ownership, m~ntenance
or use o[' tl~at part of tile premises leased to the lessee.
2. 'l'l~e Lessee's insurance coverage $1~ahl be primary insurance as respects
tl~e City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers sl~all be excess of the Lessee's insurance and shag not
contribute with it.
l.sur~.ce Ilequifemq/,ts, in Contract~
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be cance, led, except after thirty (30) days' prior
written ~totice by cerUfied mail, return receipt requested, has been given
to tile City.
~Acceptability of Insurers
Insurance is to be placed with insurers ,,,dth a current A.I.I. Bess's rating of no
less than A:VII. ·
Verification of Coverag~ '
Lessee shall furnish the City with original certificates and amendatory
endorsements effecting coverage .required by this clause. .The endorsements
st]ou]d be on forms provided by tile City or on other than the City's forms,
provided tl]ose endorsements or policies conform to the requirements. All
certificates and endorsements are to be received and approved by the City
be£ore work commences. The City reserves the right to require complete,
co. rtified copies of all required insurance pohcies, incJuding endorsements
cfi'coting tile coverage required by these specifications at any tithe.
..
o.
Insurance I~cqu~.e~ent$ in Contracts
,.
,.
.~1
8e
ITEM NO.
MEE'F[NG DATE
3une 7, 2000
AGENDA SUMMARY REPORT
SUBJECT: SALE OF SURPLUS FIRE ENGINE TO HOPLAND/SANEL VALLEY FIRE DEPT.
The Ukiah Fire Department solicited bids from all Mendocino County Fire Departments
for the purchase of a 1971 Van Pelt Pumper. The Ukiah Fire Department no longer
requires the engine because of enhanced mutual aid and automatic aid agreements
with neighboring fire departments.
The Hopland/Sanel Valley Fire Department was the only bidder. The minimum bid was
$3,500 and Hopland/Sanel Valley Fire Department offered $3,650. Staff recommends
approval of the sale.
RECOMMENDED ACT[ON:
Approve sale of surplus fire engine, as is, to the Hopland/Sanel Valley Fire Department
in the amount of $3,650.
ALTERNA-IIVE COUNCIL POLICY OPTIONS:
Reject bid and provide direction to staff.
Citizen Advised: N/A
Requested by: Dean Hutton, Acting Fire Chief
Prepared by' Dean Hutton, Acting Fire Chief
Coordinated with: Candace Horsley, City Manager
Attachments: Hopland/Sanel Valley Fire Department's bid.
Candace Horsley, Ci
Manager
ITEM NO. 10a
DATE' June 7, 2000
AGENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF ORDINANCE AMENDING DIVISION 1, CHAPTER 2, ARTICLE 2,
SECTION 62 OF THE UKIAH CITY CODE REGARDING COUNClLMEMBERS
SALARIES
At its May 17, 2000 meeting, the City Council introduced, by a 4/5 vote, an ordinance
modifying the monthly salary for Councilmembers effective after the November 7, 2000 election.
The ordinance is now ready for Council adoption.
RECOMMENDED ACTIONS'
1. Adopt the Ordinance Amending Division 1, Chapter 2, Article 2, Section 62 of the
Ukiah City Code Regarding Councilmembers' Salaries.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine the salaries are not to be increased and do not adopt ordinance.
2. Determine ordinance requires modifications, identify necessary changes, and
introduce revised ordinance.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
NA
Candace Horsley, City Manager
Michael F. Harris, Risk Manager/Budget
Candace Horsley, City Manager
1. Ordinance for adoption, page 1.
Candace Horsley, C~y Manager
rnfh :asrcc00
0605CCSA
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
UKIAH CITY CODE, CHAPTER 2, DIVISION 1, ARTICLE 2, SECTION 62 ESTABLISHING THE
SALARIES FOR COUNClLMEMBERS
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE - FINDINGS AND DECLARATION
The City Council of the City of Ukiah finds and declares that this ordinance is enacted pursuant to
Government Code Section 36516 for the purpose of fixing the salary of the Mayor and Councilmembers
of the City of Ukiah.
SECTION TWO - AMENDMENTS
Section 62 of Article 2, Chapter 2, Division 1 of the Ukiah City Code is hereby amended to read as
follows'
§62:
SALARIES: Mayor and Councilmembers: The Mayor and Councilmembers shall be paid four
hundred sixty-two dollars ($462.00) per month. Any amounts authorized and paid on behalf of
such officers for retirement, health and welfare, and Federal social security benefits shall not be
included for purposes of determining salary under this Section.
SECTION THREE - EFFECTIVE DATE
This Ordinance shall be published as required by law and shall become effective thirty (30) days
after it is adopted. Salaries of the incumbent Mayor and Councilmembers shall not be affected until a
new Councilmember begins a new term of office.
Introduced by title only on May 17, 2000 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Smith, Libby, Baldwin, and Mayor Mastin
Councilmember Ashiku
None
None
Adopted on June 7, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, City Clerk
mfl3:resord
SALO001
Ordinance No,
Page 1 of 1
MEMO
To:
From:
Candace Horsley, City Manager
Marie Ulvila, City Clerk
Subject: City Council Meeting Minutes
Date: June 7, 2000
To clarify certain information and items of concern related to agenda item 10b, I would like
to offer the following information. As I understand it, this item is being brought before the
Council at this time for discussion due to the time constraints of my position (32 hours per
week) and clarifying the appropriate method and style of minutes desired by the Council.
If the Council desires verbatim minutes, I would like to add the following information. An
individual typically speaks at a rate of 200+ words per minute and the City
Clerk/Administrative Support staff typically types at 65+ words per minute. This fact, along
with the fact that the recording secretary must compose what is being said into complete
and coherent sentences is a difficult and time consuming skill, and is the reason why it
typically takes two to three times the length of a meeting to turn around a set of minutes.
There have been two recent instances whereby a Councilmember contacted my office after
a City Council meeting requesting a portion of the minutes be prepared verbatim or in
detail. This resulted in additional hours spent listening to the tapes and transcribing the
minutes. It is my understanding that Council, as a whole, previously agreed that Summary
Minutes be prepared. At this time, I would like to request clarification from Council on the
proper procedure for requesting verbatim minutes.
With regard to the retention of City Council meeting tapes, it is the recommendation of the
Secretary of State's office that, effective this year, tape recordings of City Council meetings
be kept for a period of 15 months (current year, plus three months). The City Clerk's office
has made a practice of keeping the tapes for a minimum of one year past the meeting date.
The Secretary of State's recommendation will be incorporated into the forthcoming
Records Retention Guidelines that are scheduled to be presented to Council in July 2000.
As Council is aware, the City Clerk's office functions at the direction of the City Council.
The City Council has designated that the City Clerk work a 32-hour workweek for the
designated compensation. The City Clerk attends City Council meetings which involves
setting up the Council Chambers, providing refreshments for Council, and other tasks
necessary for conducting the meeting, as well as cleanup after the Council meeting
(average time six hours). The City Clerk prepares the minutes in Summary Format,
averaging eight hours of transcription time. This leaves approximately 18 hours to attend
to other City Clerk duties, such as following up on Council's decisions at meetings,
handling award bid/letters, records management, assisting staff and the public, and other
tasks. Needless to say, it is important that I manage my time well in order to accomplish
the multiple duties of my position within a 32-hour workweek. As it is, most of my
workweeks average more than 32 hours, which means that I am working less per hour than
the salary designated by the City Council. The reason being, there are very important
tasks needing attention in the City Clerk's office.
I appreciate Council's discussion of this item so that I will be provided with direction on
how to proceed with future minutes and whether it is the desire of the City Council to hire
a court reporter to be able to provide expanded minutes so that I can bring the appropriate
numbers to the Council at budget time.
Attachment: Excerpt from The City Clerks Handbook related to City Council Minutes
Memo: Minutes 060700
The City Clerks Handbook
As in other aspects of the City Council meeting, some cities have set an established plan for handling
disturbances by adopting a 'manual of procedures' or 'resolution of procedure.'
The function of the City Clerk in such situations is merely to remain cool and alert, to be helpful to the City
Council under trying circumstances.
Adiournment of Ciw Council Meetings
Adjournment of the City Council meeting is customarily by motion of the City Council, although many cities
have adopted a 'unanimous consent' format and the Mayor simply declares the meeting adjourned. The City
Clerk should note the time for the record, for those cities whose minutes include the time of closing.
If at any time during the course of the meeting a City Council Member departs from the chamber and leaves
the City Council without a quorum, it is the duty of the City. Clerk to call this fact to the attention of the
Mayor.
The City Clerk has the responsibility of adjourning a meeting where no City Council Member is present or
there is lack of a quorum.
Closing the City Council Chambers may be the responsibility of the City Clerk, whether or not custodial
assistance is provided. A suggested checklist is as follows:
1. Turn off recording equipment and sound system.
2. Store microphones, name plates, gavel and sounding block, pads, pencils, etc.
Post notice of adjournment and time, place and date of next meeting on bulletin board for all
adjourned meetings and hearings which have been continued. This must be done within 24 hours of
the time of adjournment. (See Exhibits 4 and 5.)
4. Retrieve any original documents used by the City Council during the meeting.
5. Secure building (lights, lock doors, etc.), if applicable.
Council Meetin~ Follow-Up
In many cities the City Clerk issues a Summary of City Council Actions (see Exhibit 7) or an Annotated
Agenda (see Exhibit 8) early on the day after a City Council meeting (ff held in the evening), or immediately
following the meeting (if held during the daytime). The purpose is to disseminate needed information to city
staff in a timely manner, since formal minutes follow some time later. Some City Clerks broaden this
distribution to include the Press.
CITY COUNCIL MINUTES
City Clerks in General Law cities are specifically required to keep a record, journal of proce~ings or minutes
of City Council meetings (G.C. 36814 and 40801). Most Charter Cities have this requirement contained in
their charter. The form in which this record is to be maintained is not spelled out in the Government Code.
However, the following are suggestions as to format and content.
While there may be working copies or file copies of all minutes in the City Clerk's office and they may be
microfilmed on a regular basis, there should be official, originally signed copies of all minutes. The official
record can be in various forms, but it is suggested that official minute books be kept and that they be stored in
a fire-proof vault. The paper in these books is usually of a specially treated type to guard against
5-9
deterioration. It is well to remember that this is the history of your city, and in the event of a disaster, it will
be invaluable in recreating records, etc.
Purpose of City Council Minutes
A good record of City Council proceedings is very important. A sufficient record must be kept to furnish
evidence that the City Council has complied with the law or rules by which it is governed, thus pointing to the
need for accurate and clear City Council proceedings. The facts contained in the minutes are also treated as
evidence in a court of law.
Form and Content of City Council Meeting Minutes
1. Standard Format
Use of standardized format is recommended to develop uniformity of minute entries and to save time'
in composing the record, ff word processing or computer equipment is utilized in the preparation of
minutes, a glossary or macros may be set up for standardized items or repetitive language, such as
adoption of resolutions and ordinances, award of contracts, claim denials, etc., which then requires
that you input only specific:s, such as titles of resolutions and ordinances, project numbers, names of
claimants, etc.
Jurisdictional Matters
To establish proof that jurisdictional requirements have been complied with, it is important that
minutes contain the following:
a.
e,
Date, hour, and place of meeting.
Whether it is a regular, adjourned regular, or special meeting.
That proper notice has been given if it is a special meeting.
The names of City Council Members in attendance. If a City Council Member arrives late or
departs before adjournment, the minutes should reflect the time of arrival and/or departure
at that point in the minutes.
Adjournment time.
3. Approval of Previous Minutes
Although there is no legal requirement that minutes be approved by the City Council, most cities
place them on the agenda for approval, as it lends further weight to the accuracy and completeness of
the record. The minutes are provided to City Council Members in sufficient time prior to a City
Council .meeting. When approved as written, or as amended by the City Council, the minutes are then
official record.
4. Record of Action Taken
Some City Councils require Action Minutes, where very little, if any, narrative is included, and only
motions and votes are shown in the record.
Sense (synopsis) Minutes provide limited City Council/staff comments, as well as noting the members
of the public in support/opposition to an issue.
Other City Councils require more extensive minutes, e.g. verbatim or semi- verbatim, which may
include not only detail of each agenda item listed, but discussion thereon. The City Council/City
Attorney is a good resource if the City Clerk is uncertain as to how much detail to include.
5- 10
In adoption of a resolution or introduction or second reading (adoption) of an ordinance, the minutes
should include the title of the resolution or ordinance, ff the ordinance is not going to be read in full,
the motion should include, and the minutes show that full reading was waived by unanimous approval
of the members present. When the full reading is waived, but there is a split decision on introduction
or adoption, the minutes show the two separate actions and the vote on each. (Check with your City.
Attorney regarding the appropriate process.)
Since any written record is the best evidence of its contents, a written report or written
communication presented at a City Council meeting need only be referenced in the minutes with the
name and title of the author, date of the report or communication, subject of the communication or
title of report, and the action taken on the matter.
Oral reports or communications need only be referenced in the minutes by name of person, address
(if desired), the subject matter, and the disposition made by the City Council.
Oral Debates, Arguments and Discussions
Some City Clerks, as a matter of course, make no reference in the minutes regarding City Council
Members' remarks, except where a City Council Member specifically requests that his/her remarks be
included in the minutes. Cities who follow this concept use as their basis the principle that minutes
should only record the 'actions' taken by the City Council, and were never meant to include the
reasons for taking such actions.
Other City. Clerks make reference in the minutes to City Council Members' comments and reasons
for voting for or against a motion. It is really a matter of individual city preference.
Hearings
a. Minutes of City Council meetings with respect to hearings should include,
1) Jurisdictional facts
In order that there be sufficient proof that a hearing was held in compliance with the
statute or ordinance governing same, the minutes should record the fact that
required notice was given in accordance therewith, and that the hearing was held at
the time and place specified in the notice.
2) Evidence Produced at Hearings
Written Evidence. Minutes should make appropriate reference to any written
evidence in the form of statements, affidavits, repons, photographs, maps,
correspondence, or other objects filed at the heating, and included as part of the
record.
Oral Testimony. The record should show the name of the person speaking, his or
her address, and whether testimony was for or against the hearing subject. Some
City Clerks briefly refer to content of testimony in the minutes; however, there is no
requirement that this be done.
be
Findings of Ci_ty Council. Usually the findings made by City Councils in respect to public
hearings are incorporated in the ordinance, resolution, or staff report adopted/approved as a
result of the hearing. When this is done, the minutes need not record these findings in the
body of the minutes, but should refer to the resolution or ordinance voted upon by the City
5-11
Council. Some City Councils prefer, however, to have their comments in regard to public
heating findings included in the record.
Arguments and Debates at Heatings. The inclusion of arguments and debates occurring at
public heatings is a matter of personal preference of the individual City Clerk or City
Council. There is no requirement for inclusion in the record, but some cities, as a matter of
procedure, briefly note arguments/debates.
do
Continued Heatings. If a heating is continued to a future meeting, post a notice of the
continuance within 24 hours.
Adjournment
In recording adjournment, the minutes should show whether it was adjourned to another time prior
to the next regular meeting, or merely adjourned. Some City Councils adjourn by motion. In other
cities, the Mayor or presiding officer may declare the meeting adjourned.
8. Signing the Minutes
Frequently the rules governing a city will require that the minutes be signed by the City Clerk. (Some
cities also require the Mayor to sign.) Regardless of whether such a procedure is legally necessary, it is
recommended that the City Clerk sign all minutes, as it adds authenticity to the minutes as public
record and reflects the approval of the City Council.
Use of Tape Recordings and Retention Thereof
There is no statutory requirement that CiD, Council meetings be tape recorded. Where a City Clerk makes an
authotized tape recording of a City Council meeting to facilitate the preparation of the minutes, any person
has a tight to inspect the tape and to listen to the tape on equipment provided by the city. Any person also has
the right to receive a copy of the tape, by either purchasing a copy from the city, or making a duplicate copy on
his or her own equipment. This does not include the right to have a written transcript made by the city.
The tape recording may be destroyed at any time if the sole purpose of making the recording was to facilitate
the preparation of the minutes of the meeting. However, if the tape was made or retained for the additional
purpose of preserving its informational contents, it may not be lawfully destroyed except as expressly
authorized by state law. (Check with your City Attorney regarding the appropriate process.)
Preparation of the Minutes
Minutes of each City Council meeting should be prepared as soon as possible to be available for approval by
the City Council. This may not be practical or possible for a City Clerk whose City Council meets each week.
It is advisable that the minutes be done in rough draft prior to final preparation, and reviewed by another
person.
Summary/Annotated Agenda
A summary of City Council actions is used to transmit information quickly to dry staff and members of the
press in those cities. The summary may be presented in several different ways, however, there are two which
are used by most cities.
The first is a short paragraph on each item of the agenda indicating the action taken by the City Council, and
possible direction to staff for follow-up. (See Exhibit 7.)
5- 12
ITEM NO. (L~-~ J::~
DATE: June 7, 2000
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION OF CrTY COUNCIL MEETING MINUTES
Mayor Mastin requested that a second discussion on how City Council meeting Minutes
are taken be agendized. The Mayor has also requested information regarding the cost
of a court reporter taking Minutes and asked staff to prepare an example of
summarized Minutes from a previous set of approved Council meeting Minutes.
To improve our current method of minute taking, Staff would recommend that if a
Councilmember prefers a certain section or item to be detailed or verbatim, the request
be expressed at the Council meeting when the item is presented or at the next meeting
when the minutes are being discussed. In this way, all Councilmembers will be aware
of any special requests regarding the Minutes before they are returned to all
Councilmembers for comment. We would also request that if substantial changes are
to be made, the Councilmember attempt to put the changes in writing for the City Clerk
so that staff can revise the Minutes exactly as the Council has approved them.
The information requested by the Mayor, a memo from Mayor Mastin, and a memo from
Councilmember Libby are attached for Council discussion and subsequent direction to
staff.
RECOMMENDED ACTION: City Council discuss the methods of preparing City Council
meeting Minutes and provide further direction to staff.
Requested by:
Mayor Mastin
Prepared by: Candace Horsley, City Manager
Coordinated with: Councilmember Libby
Attachments: 1. Detailed Minutes of April 5, 2000 Council meeting
2. Summary Minutes of April 5, 2000 Council meeting
3. Memo from Mayor Mastin
4. Memo from Council member Libby
5. Court Recorder costs
6. Excerpt of Minutes from September 1, 1999 City Council
4/Can. ASRMin.600 CandY-ce H0rs~-ey, C~ty I~anager
APPROVED BY COUNCIL: MAY 3. 2000
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, April 5, 2000
The Ukiah City Council met at a Regular Meeting on April 5, 2000, the notice for which had
been legally noticed and posted, at 6:33 p.m. in the Civic Center Council Chambers, 300
Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers
were present: Libby, Baldwin, Ashiku and Mayor Mastin. Councilmember absent:
Smith. Staff present: Interim Public Works Director Bertolero, Community Services
Director DeKnoblough, Assistant City Manager Flad, City Manager Horsley, Associate
Planner Lohse, City Attorney Rapport, Deputy Public Works Director Seanor, Senior
Planner Stump, and Recording Secretary Elawadly.
Councilmember Ashiku arrived at 6:36 p.m.
2. PLEDGE OF ALLEGIANCF
Mayor Mastin led the Pledge of Allegiance.
APPROVAL OF MINUTES:
3a. Regular Meeting of March 15, 2000
Deputy City Clerk Yoast noted a correction to page 1, first line of the first paragraph, that
the date should be changed from February 16, 2000 to March 15, 2000.
Councilmember Libby recommended the following changes to the minutes:
Page 1, Paragraph 9, Last Sentence, be amended to read: "In regard to item 5a, she
referenced page 16, Special Supplies, payment to Friedman Brothers Hardware in the
amount of $560.58 and for other items, as well as page 22, Special Supplies, payment to
Parnum Paving, in various amounts, and inquired if this went out to bid because the dollar
amounts were large."
Page 9, Paragraph 6, Second Sentence, be amended to read: "She stated that in January
she attended a two-day workshop in Sacramento which provided her with the history and
structure of NCPA."
Page 9, Paragraph 6, Last Sentence, "She was also part of a legislative group and then
went through a training session on the framing of quality issues relative to NCPA," be
stricken.
Councilmember Libby recommended the following second paragraph be added to Page
9, Item 7e: "Councilmembers Ashiku and Libby went back to Washington, D.C. with NCPA
to help lobby our Congressional leaders on legislative issues that would directly affect the
cost of buying power to Ukiah. The first day in Washington, D.C. they attended a briefing
on all legislative issues would be discussed with the Legislatures."
April 5, 2000
Page 1 of 24
Page 10, Paragraph 3, Second Sentence, be amended to read: "With regard to the Trinity
Water Environmental Impact Statement (ELS), if this is diverted, it could mean an increase
anywhere from $5 to $10 million per year for western power."
Page 10, Paragraph 3, Third Sentence, be amended to read: "On the local level, the cost
of power could increase anywhere from $28,000 to $58,000 per year."
Page 13, Paragraph 3, Second Sentence, be amended to read: "She was unsure if she
could support taking someone's personal property without compensating them."
MIS Baldwin/Ashiku approving the Minutes of the Regular Meeting of March 15, 2000,
as amended, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
4. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
5. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one from the audience came forward.
Mayor Mastin drew attention to an urgency item to be incorporated as agenda item 8h,
authorizing the Mayor's signature on a letter prepared by City Attorney Rapport to the
Mendocino County Russian River Flood Control and Water Conservation Improvement
District.
City Manager Horsley reported the aforementioned letter pertains to a Mendocino County
Russian River Flood Control and Water Conservation Improvement District meeting
wherein action was taken and the City was not properly notified of the pending action. She
further reported the action taken during the meeting could encompass consequences for
the City as well as other water users.
MIS Ashiku/Baldwin approval to add item 8h to the Agenda, carried by the following roll
call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES'
None. ABSENT: Councilmember Smith. ABSTAIN- None.
PUBLIC HEARING
6a. Introduction of Ordinance Rezoning Portions of Assessor Parcel Number.~
003-471-2,7, 003-472-13, and 003-472-14
Senior Planner Stump reported staff recommends Introduction of an Ordinance rezoning
portions of Assessors Parcel Numbers 003-471-27, 003-472-13, and 003-472-14. He
further reported when the proposed Boundary Line Adjustment is finalized, this would allow
the common property lines between the contiguous parcels to be shifted 20 to 100 feet to
the east, which would allow the facility to be developed without buildings crossing over
property lines. He noted the purpose of the Rezoning along with the Boundary Line
Adjustment results in a parcel with one zoning classification.
April 5, 2000
Page 2 of 24
Associate Planner Lohse stated, more specifically, approval of the proposed Rezone
(#99-$1) would change the zoning for an 8,743 square foot portion of land from the C-2
(Heavy Commercial) Zoning District to the C-N (Neighborhood Commercial) Zoning District
in order to provide the proper zoning category for the development of an assisted living
facility on the affected property. The affected area is currently located on the western half
of Assessor's Parcel Nos. 003-472-13 and 003-472-14, but would be made part of
Assessor Parcel No. 002-471-27 once a separate Boundary Line Adjustment application
is finalized. The Rezone procedure requires City Council's introduction and adoption of
an ordinance. He further noted the Ukiah Planning Commission has approved Major Use
Permit (#99-52) on March 8, 2000, allowing the development of an assisted living facility
on a 2.5 acre project that includes a portion of a parcel in the C-N (Neighborhood
Commercial) Zoning District and portions of two parcels in the C-2 (Heavy Commercial)
Zoning District. He noted most of the assisted living care facility would be developed in
the area zoned for C-N uses, but the Planning Commission made the Use Permit approval
contingent on the approval of the Rezone application since some development would also
occur on the portions of the site located in the C-2 Zone.
He reported the Planning Commission voted 5-0 to recommend that the proposed Rezone
be approved, based on the fact the change in the Rezone and the resultant transfer in
ownership would be consistent with the Ukiah General Plan and would not affect the
commercial viability of the portion of the site remaining in C-2 Zoning. The Planning
Commission also noted the Rezone would allow the development of the proposed assisted
living facility with a twenty-foot rear yard setback that is wider than the required setback
of ten feet. The Boundary Line Adjustment effectively allows 2,648 square feet of land
from APN 003-472-13 and 6,095 square feet of land from APN 002-472-14 to be
transferred to APN 002-471-27.
PUBLIC HEARING OPENED: 7:22 p.m.
Don Malay, 2501 26 Street Suite 450, Salem, Oregon, Applicant's representative,
presented a brief project description regarding the concept and importance of assisted
living facilities. He noted the Rezone is actually a down-zone from Heavy Commercial to
Neighborhood Commercial wherein this particular zoning would be more compatible with
the nearby residents and the Church of Latter Day Saints than the previous Heavy
Commercial Zoning. He reiterated the Heavy Commercial Zoning does not allow for an
assisted Living facility as a conditional use, which is hereby referenced in the Agenda
Summary Report, Item 6a.
PUBLIC HEARING CLOSED: 7:24 p.m.
MIS Ashiku/Baldwin approving Mitigated Negative Declaration for Rezone #99-51, carried
by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor
Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN' None.
MIS BaldwinlAshiku to introduce Ordinance by title only, amending the official Zoning
Map for the City of Ukiah, California, carried by the following roll call vote: AYES-
Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES' None. ABSENT:
April 5, 2000
Page 3 of 24
Councilmember Smith. ABSTAIN: None
Recording Secretary Elawadly read the title of the Ordinance.
MIS AshikulBaldwin to introduce Ordinance, amending the official Zoning Map for the
City of Ukiah, California, carried by the following roll call vote: AYES: Councilmembers
Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember
Smith. ABSTAIN: None
PUBLIC HEARING
6b. A~_ peal of Planning Commission Decision to Conditionally Approve Major Usc
Permit No. 99-52
Senior Planner Stump reported there was some concern about appropriate project
noticing and he stated the project was properly noticed in accordance with the provisions
of the Ukiah Municipal Code. He further noted there are three Code requirements to
ensure proper noticing and he noted each noticing procedure. He advised all property
owners within 300 feet of a project are advised of a public hearing. The appellant is a
tenant and did not receive a public notice.
Associate Planner Lohse reported staff recommends denial of the appeal and approval
of Major Use Permit No. 99-52 based on staff's project Finding and Conditions of Approval
as set forth by Staff and the Planning Commission at the March 8, 2000 hearing. On
March 8, 2000, the Ukiah Planning Commission considered the Use Permit allowing for
the development of an assisted living care facility incorporating 43 apartments on a 2.5
acre portion of a project site made up of three contiguous parcels located in the C-N
(Neighborhood Commercial) and C-2 (Heavy Commercial) Zoning Districts. The
Commission approved both the Negative Declaration prepared for the project and the Use
Permit. Project approval was based on the Findings as outlined in the Planning
Department Staff Report and the 25 Conditions of Approval including the five additional
Conditions added by the Commission at the hearing. Ms. Rita Samols filed a timely written
appeal citing her project concerns to include potential disruption of "peacefulness" caused
by the loss of the open field, the construction of the facility at a distance of 25-feet from her
home, dust/noise impacts, construction hours, and potential loss of privacy. The Planning
Department Staff Report for this project, as well as the Minutes of the Planning
Commission meeting hearing, specifically outline the project's aesthetic design/dimension
plan, landscape/lighting plan, and parking/emergency vehicle requirements, wherein the
project was found to be consistent with the Ukiah General Plan, the City Municipal Code,
and the Ukiah Municipal Airport Consistency Plan.
Councilmember Libby inquired regarding the approximate time for construction of the
facility.
It was noted facility construction would take approximately six months.
PUBLIC HEARING OPENED: 7:31 p.m.
Rita Samols, Appellant, briefly recapitulated her reasons for project denial and addressed
April 5, 2000
Page 4 of 24
the issue of tenant public hearing notification. She would like the building's size to be
reduced and the facility constructed as far away from the residents as possible.
George Ginochio, 1383 Berkeley Way, Ukiah, stated he was not in support of the project
because the construction of the facility would create significant health hazardous for his
daughter. His daughter's health is guarded and any proposed dust and/or construction
impurities would be detrimental to her health. He specifically described his daughter's
medical condition to include the immense respiratory problems associated with her illness.
He stated, as a homeowner, he did not receive project public hearing notification.
Mr. Maloy, 2501 26 Street Suite 450, Salem, Oregon, Applicant's representative,
acknowledged Mr. Ginochio's concern for his daughter's health and stated he would be
amenable to accommodating Mr. Ginochio's daughter by assisting her health needs during
the construction phase of the facility. He noted a neighborhood meeting was recently held
prior to the Planning Commission hearing wherein there was a neighborhood consensus
supporting the project. Facility access was a neighborhood concern and this issue was
suitably discussed. He noted a correction in the building's dimension and reported the
building's exterior parameter calculates to 38,800 square feet incorporating an interior
courtyard wherein the actual building size is 27,060 square feet. He further noted the
Ukiah Convalescent Hospital is in joint venture with Firstmark Group. He advised the
facility must be set back 10-feet, acc. ording to the Zoning requirements. He further advised
applicant set the proposed building back as far to the north as possible, and, in his
opinion, the property density has been maximized. The parking lot would be located to the
north of the property in order to lessen the vehicular impacts to the residents. There will
be seven additional trees planted on the south side of the project for privacy screening
purposes.
It was noted the first two months of construction would encompass excavation wherein
there would be significant amounts of dirt moving followed by installation of a construction
pad/retaining wall as well as the first phase of parking lot paving. The parking lot paving
would be completed as quickly as possible upon removal of the heavy construction
equipment. Specific parking lot paving techniques were introduced by the applicant, which
are effective in reducing paving time and the inconvenience created. Dust mitigation
measures would be accomplished by utilizing standard watering techniques daily and/or
when necessary.
Mayor Mastin drew attention to the tree species to be placed on the south side.
Mr. Maloy assured that the tree species incorporating a Iow-medium canopy would be
conducive to the shade/privacy screening purpose.
Mr. Lohse reiterated in addition to the proposed trees along the southern property line,
there are existing trees which would be retained as well as the construction of a six-foot
wooden fence to assist in shade/privacy screening.
A general discussion followed regarding further building set backs to the north. It was
noted additional set backs would not be possible due to the parcel irregularities and in
April 5, 2000
Page 5 of 24
order to maintain compliance with the emergency vehicle requirements and delivery pickup
areas.
Mr. Maloy noted all units would be interiorly accessed from the center portion of the
building.
Mr. Lohse addressed the dust issue by referring to compliance regulations per The Air
Quality Control Board as follows:
1. The project site shall be regulated by water to control dust incurred by mobile
equipment. All mobile equipment shall be washed regularly to prevent dust from
leaving the site;
2. Other construction methods to be utilized as needed during activities to reduce sources
of dust and other particular matter would include:
a. Extended construction periods to reduce the number of days erupted soils are
exposed and heavy equipment is in use;
b. Limiting the use of heavy equipment at the same time;
c. Provide adequate spacing between emission sources such as heavy equipment on
the site;
d. Reducing or changing the hours of construction before it causes congestion during
heavier commute periods.
These conditions were supplied by the Air Quality Control Board as standard dust
suppression methods for this type of project construction.
Ms. Samols inquired if studies have been completed establishing the need for an assisted
living facility in this community. She was in favor of building size reduction and supported
the concept of incorporating the proposed interior courtyard be constructed on the outer
parameters of the building for public aesthetic enhancement.
It was noted the individual heating and air-conditioning units would be located mainly on
the southern portion of the site together with some units to be installed on the northern
portion of the structure. The compressors would generate minimum noise impacts.
Mr. Maloy stated there are currently no assisted living facilities in Ukiah wherein a need
does exist for this particular service facility for seniors. He noted there has been extensive
research documentation prepared in conjunction with this project and the results rectify the
necessity for this type of facility.
Councilmember Baldwin supported the concept of incorporating proposed courtyards for
future development being incorporated into the exterior perimeters of a proposed project
site as opposed to interior parameters.
Mr. Maloy indicated the proposed assisted living facility is not the type of facility which
would provide security fencing that would prevent people from coming and going.
Leona Salsbury, Ukiah, stated there exists a need for an assisted living facility in this
community and she supports the project.
April 5, 2000
Page 6 of 24
Mr. Ginochio inquired what would be his ramifications if no agreement could be reached
by the applicant in terms of his daughter's health condition should Council approve the
project.
Barbara Jiminez, Ukiah, as an administrator, stated on behalf of the residents at Ukiah
Convalescent Hospital, that many people in her facility are interested in the proposed
facility. She addressed safety concerns associated with problems in the open field where
the assisted living facility would be located.
PUBLIC HEARING CLOSED: 8:10 p.m.
A brief discussion followed regarding a project hearing continuation contingent upon the
applicant and Mr. Ginochio reaching an agreement relative to his daughter's medical
problems or, in the alternative, formulating conditions at this hearing settling the proposed
construction concerns.
Councilmember Ashiku proposed staff monitor the construction site reassuring that
compliance with air quality standards be appropriately met pertinent to Mr. Ginochio's
concerns. He proposed that a construction schedule be formulated for the time period
when there would be "particulates" generated, to serve as notification to the abutting
residents when construction impurities would be present. He stated additional watering
for dust may also be necessary and should be taken into consideration. He further added
that the parking lot paving phase be completed according to "two-lift" procedure
application.
Mr. Stump advocated staff could create another condition stating that prior to the issuance
of a Building Permit, the applicant submit a detailed construction schedule outlining
construction intentions, which would be shared with the neighborhood. He further
advocated the City must be notified of any construction changes which may evolve. The
construction schedule should also include painting the building.
PUBLIC HEARING REOPENED: 8:15 p.m.
Mr. Molay stated he would be amenable to submitting a construction schedule to staff
allowing for activity notification on the project site. An agreement was reached with Mr.
Ginochio wherein the applicant would install a special air-condition unit in his daughter's
room and pay the associated electrical costs. The applicant would also seal Mr.
Ginochio's home in order to shield the home from dust impurities. He indicated Mr.
Ginochio has volunteered to provide additional watering to the site at night when
necessary. He stated either his construction supervisor and/or Mr. Ginochio would water
the site on Sunday when there is no construction activity in order to suppress dust.
PUBLIC HEARING CLOSED: 8:25 p.m.
Senior Planner Stump stated staff crafted additional Conditions of Approval to include:
Condition Nos. 26 and 27 would incorporate the two aforementioned Air Quality Control
April 5, 2000
Page 7 of 24
Board regulations cited by staff on Page 6, Paragraph 5 of these minutes.
Condition No. 28 would state Beacon Way and Berkeley Way shall be barricaded prior
to approval of the City Building Permit, precluding vehicle access in these areas.
Condition No. 29 would require the applicant to submit a construction schedule which
would provide periods of construction activities to be reviewed by the City Engineer prior
to the issuance of a Building Permit. The scheduling of any construction and/or
modifications shall be shared with persons who request notification prior to approval of
the Building Permit. No changes shall be permitted to the schedule without prior
notification of those persons who have requested such construction notification.
Associate Planner Lohse advised that any time a construction schedule has been set up,
an inspection schedule would also be established. He further advised regarding the
previously approved Condition of Approval No. 20, incorporating the construction hours,
would be modified to read: "The hours of outside construction shall be limited to the hours
between 7:00 a.m. and 5:00 p.m., Monday through Saturday." There would be no hour
limitations placed on internal construction.
Condition No. 30 would require a "two-lift" paving technique be applied to the parking lot.
Mr. Stump noted a Condition of Approval could be formulated stating that prior to the
issuance of a Building Permit, the applicant shall discuss the project issues and attempt
to reach full resolution of those issues. He noted the situation would be problematic
should the issues remain unresolved.
City Attomey Rapport commented City Council could continue the hearing until all issues
between the applicant and Mr. Ginochio have been resolved or, as an alternative,
formulate the conditions at this hearing wherein the proposed concerns have been fully
resolved. He further stated the Council could elect to approve the project whereby the
applicant's "good faith" intentions would be considered and/or honored. He advised some
of the issues, as discussed, may not be enforceable. He noted it would not be appropriate
to provide a condition stating applicant must reach an agreement with Mr. Ginochio prior
to the issuance of a Building Permit, which would be in effect, delegating the City's
approval authority over a project for a private citizen. This concept would not be
acceptable.
It was noted the addition of another Condition of Approval shall read: "Prior to the
issuance of a City Building Permit, the applicant shall provide the installation of the air-
conditioning unit, the electrical service, and other improvements as stated during the public
hearing to Mr. Ginochio's residence." It was also noted another Condition of Approval
shall be formulated to read: "The construction site be routinely watered to adequately
suppress dust on Sundays."
MIS Ashiku/Baldwin denying the appeal and approving Major Use Permit No. 99-52, as
amended, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
April 5, 2000
Page 8 of 24
None.
A general discussion followed regarding the issue and/or appropriate considerations which
could be made for tenants being notified of public hearings for future projects.
UNFINISHED BUSINESS
7a. Discussion of Results From March 16, 2000 Meeting With Clara Avenue and
Ford Street Residents and Consideration of Implementation of Traffic Calmin_n
City Manager Horsley reported staff conducted an informal public meeting with the Clara
Avenue and Ford Street residents on March 16, 2000. It is recommended that City
Council direct staff to implement traffic calming measures reached by neighborhood
consensus wherein a two-phase action plan was formulated.
Interim Public Works Director Bertolero presented a brief outline relative to the March
16, 2000, neighborhood meeting wherein future Clara Avenue and Ford Street calming
action plans and/or options were discussed. He noted on December 15, 1999, City
Council directed staff to remove the then existing traffic circles on both Clara Avenue and
Ford Street, which was completed within one week. City Council also directed staff to
present a report on alternative traffic calming measures to be implemented on Clara
Avenue and Ford Street. On January 19, 2000, the report was presented to City Council
wherein Council directed staff to work with the neighborhood in order to reach a consensus
regarding traffic calming measures. A neighborhood meeting was held on March 16,
2000, and the first phase action plan would be to install Iow-cost traffic calming measures
implemented by staff at Council's direction in the following form:
1. Repaint street center line and add raised reflective pavement markers;
2. Paint white fog line striping to separate travel lanes from parking lanes;
3. Repaint the white limit bars and pavement markings for the railroad crossings;
4. Paint the speed limit on street pavement.
He noted the second phase would include formulation of a committee to evaluate the
effectiveness of the above-referenced measures to determine which traffic calming
measures would be appropriate in the future.
He drew attention to the Clara Avenue and Ford Street minutes of March 16, 2000, and
recommended the following changes:
Page 3, Item 4, Questions and Discussions, Answer, insert a parenthesis to add the
petition date of 9-17-98.
Page 7, Second to the last sentence, be amended to read' "Lorraine Street is unique as
it is quite narrow which qualifies for a decreased speed limit."
Councilmember Baldwin queried regarding the cost of the proposed striping and
painting.
Staff replied the project is considered a Iow cost measure and the cost for materials and
staff time would be approximately $1,000 or less.
April 5, 2000
Page 9 of 24
Councilmember Baldwin further inquired should future curb, gutter, sidewalk, and
pedestrian/bicycle pathway improvements be implemented would the striping be removed?
Mr. Bertolero replied it would not be necessary to remove any striping, since there would
be no impact to curb, gutter, sidewalks, and/or other future improvements.
A general discussion followed by visual graphic assistance demonstrating the required
standard dimensions associated with pedestrian/bicycle pathway and/or lane
improvements. Staff does not anticipate any problems with the proposed short-term traffic
calming measures and any future street/bicycle and pedestrian lane improvements.
It was noted neighborhood traffic counts recently conducted by staff indicated 2,500
vehicles travel on Clara Avenue per day. It was further noted Ford Street has more traffic
in one direction per day than Clara Avenue. Additional traffic studies as well as follow-up
determinations would be conducted in this area and evaluated by the City's Director of
Public Works.
Councilmember Libby inquired whether speed counter evaluations were made for the
aforementioned streets?
Mr. Bertolero replied affirmatively and he indicated the average speed traveled for Clara
Avenue was 31 m.p.h. He reiterated the potential repercussions associated with speed
requirement violations in residential areas.
Judy Pruden, Ukiah, attributed problems of these neighborhoods are due, in part, to the
lack of existing infrastructure of curb, sidewalk, and gutter. She stated there is a need for
additional traffic calming measures in this area. She noted the Planning Commission
recently denied an apartment project in an area near Clara Avenue, which also lacks
various infrastructure. She stated, in her opinion, project approval would only compound
existing neighborhood problems regarding pedestrian safety, recreational services, and
other associated problems.
Eric Larson, 123 Clara Avenue, Ukiah, stated he did not intend to speak at this hearing
as he did not have the necessary materials with him. However, in response to
Councilmember Libby's concern regarding the traffic counts on Clara Avenue to include
7,000 cars per day, this represents the total vehicle volume traveling through the
neighborhood, not just Clara Avenue, but a combination of both Clara Avenue and Ford
Street. This amount has been well established by the City's traffic counts done six years
ago. The current traffic counts total 8,500 vehicles traveling through this neighborhood
per day, which is a significant increase. He stated he does not attend neighborhood
meetings as a Planning Commissioner but represents himself as a resident of the
neighborhood. He stated any reference to his activities or involvement in the traffic
calming process has no bearing on his work with the Planning Commission. He noted, for
the record, the current traffic count in this neighborhood is 8,500 vehicles per day.
Councilmember Libby stated that she knows Mr. Larson has put a lot of hours and work
into this project, and asked how many years he has been working on the traffic project on
April 5, 2000
Page 10 of 24
Clara Avenue?
Mr. Larson responded that he has worked on this issue for six years.
Councilmember Libby asked whether he was the person that basically organized the
neighborhood?
Mr. Larson stated he was part of the group that did.
Councilmember Libby questioned whether the K-Mart project produced less traffic than
was projected?
Mr. Larson responded in the negative.
Councilmember Libby questioned why he felt this was so.
Mr. Larson stated he has not gone back over K-Mart's traffic study yet, but K-Mart
anticipated a 30 percent increase. We are currently at 23 percent and that is without
Lovers Lane being built. He couldn't answer for sure, but felt traffic volumes are up, and
K-Mart delayed construction for three years.
Councilmember Libby questioned whether Mr. Larson was involved in putting up the
traffic calming devices that were recently taken down on Clara Avenue, and whether he
was on the Planning Commission at that time?
Mr. Larson responded he was involved with the placement of the traffic circles but was not
on the Planning Commission at that time.
Mayor Mastin interrupted the discussion as he felt Councilmember Libby's line of
questioning was to "nail" Mr. Larson on something and he did not think it was appropriate.
Councilmember Libby stated she was not trying to "nail" him on anything, but was just
trying to get some background because of the many statements made, and she was just
trying, for everyone's information, to understand how long Mr. Larson has been working
on this project because it has not just been a year or two. He's been involved in this for
quite awhile and the statement of 7,000 cars was not a statement of two streets. She
added that she attended the recent neighborhood meeting and there was a statement
made by Mr. Larson that sounded like 7,000 cars were on one street and that is a lot of
cars. Some of the things that were proposed at this meeting were, what she considers, not
traffic calming devices. They were sidewalks, gutters, bike lanes, and this type of thing.
She was trying to get an idea where Mr. Larson was coming from on these things because
she didn't consider these things traffic calming.
Mayor Masfin stated the issue before the Council at this meeting is not curbs, gutters, and
sidewalks.
Councilmember Libby stated this was part of what was in the minutes from the
April 5, 2000
Page 11 of 24
neighborhood meeting where they proposed a second phase.
Mr. Baldwin stated that is not stated in the proposal tonight in any form or fashion.
Mayor Mastin said he was concerned with the sound of the questioning and the way
Councilmember Libby was presenting it. Mr. Larson was not the only individual who
worked on this project for six years as it was an organization of neighbors, and he felt it
was unfair for Councilmember Libby to be questioning him the way she was.
Councilmember Libby stated she was only asking questions because there are some
people who have been very vocal on this issue, and she did attend the March 16 meeting
and they were very vocal and adamant about this. They felt the City was responsible in
providing items she did not feel were traffic calming devices.
Mayor Masfin stated he did not have a problem with Councilmember Libby arguing those
points, but he thought rather than a question and answer session period with Mr. Larson,
she could proceed with her opinions on those things that the group discussed, which is
fine.
Mr. Larson stated, since he was at the podium again, all the facts and figures involved are
all part of the public record. He has been involved in the project for six years in
conjunction with the City Engineer, Public Safety, the Traffic Engineering Committee. The
City Council itself has reviewed all the plans, proposals, everything so it is not "his" thing--
it involved a lot of people. There were some 500 newsletters that were put out that were
hand-delivered on several occasions outlining all of these proposals to everybody in the
neighborhood, far more than the City distributed. For the three years during which the
plans were being considered, there was absolutely no response from anyone in the
neighborhood of any negative nature. The committee that worked on it was made up of
people that had a concern and put forth the effort to try and deal with the problem, and,
yes, he was part of that. But he was only part of an active group of at least a dozen, and
a support group of around 30 or 40 people. He stated that the staff proposal of painting
the street, etc. like he said before, seems like a waste of time.
MIS AshikulBaldwin directing staff to implement traffic calming measures reached by
consensus with the Clara Avenue and Ford Street residents at the March 16, 2000 informal
public meeting.
Mayor Mastin questioned whether there are further meetings scheduled?
Mr. Bertolero indicated they did not schedule the meetings as they want to implement
those traffic measures, conduct some traffic counts, and take that information to the
neighborhoods and discuss further items of traffic control.
City Manager Horsley noted it would be appropriate to take three or four months history
after the changes are made to see if they will work. Right after installation people will
behave differently because the changes are new, but they want a chance to see how
people behave after they are used to the changes. They will monitor the immediate
April 5, 2000
Page 12 of 24
response as well and then wait a period of time and monitor again.
Councilmember Ashiku commended Judy Pruden, Eric Larson, and staff for their joint
efforts and accomplishments regarding the Clara Avenue/Ford Street traffic calming
project.
Councilmember Libby stated as to staffs recommendations, she was prepared to
approve them with one alteration. Instead of painting speed limits on the street, she would
favor posting signs as has been done everywhere else throughout the City. The traffic
counts clearly show the traffic issue has been dramatically overblown and helped along
by the media. The issue here is the appearance of favoritism. All through the rest of town
we have speed signs and she does not feel it is right to single out a neighborhood when
we have equal or worst traffic and speeding problems through other areas of town. Many
residents she talked to wondered why this is the only street they read about regarding
speeding traffic. She agrees with them. This street has been singled out and she does
not see any justification for it when she looks at all the figures that have been given to
Council.
She added that she certainly does not think people flock to Clara Avenue because they
think they can speed on the street. She would ask that her fellow Councilmembers would
consider having the same type of speeding signs on Clara as we have throughout the rest
of town so there is not a perception of favoritism in this area. It is justifiable to have
speeding signs just as we have in any other area but she does not see that the traffic here
is worst than anywhere else.
Councilmember Ashiku stated since he has been on the Council for four years he has
more history regarding this issue. He suggested that at one time Lorraine and Betty
Streets were receiving preferential treatment because of speeding and they tried speed
humps and barriers in that location to solve.those problems. He has no doubt there are
some traffic issues on Ford and Clara that need to be addressed because of the unique
character of the neighborhood, but he highly feels it is appropriate to place the signage on
the street itself, and perhaps the raised lettering will be more beneficial because they will
be aware when they hit those areas.
Councilmember Baldwin agreed that when a decision of the Council creates negative
impacts for a neighborhood then we have to, as representatives of the community and the
citizens and taxpayers, to try to help that community out and remediate the problem and
that is exactly what a previous Council did in the Lorraine and Betty area. They spent
money and did everything in their power because City decisions had created massive
traffic there and when the City approved K-Mart it created significant new traffic in those
areas. He is going to support this and he thinks it is kind of ironic that this is exactly the
trouble we had in front of them two months ago. He also attended the community meeting
and it seemed like the majority of the people said this is no big deal. It is almost irrelevant.
Maybe it will do a little bit of good, but what he heard most of the people saying is they
wanted a more safe and friendly neighborhood. He hoped before budget time they could
get some cost estimated for curb, gutter, and sidewalks in that community having created
a dangerous situation over there. They could have voted on this two months ago when it
April 5, 2000
Page 13 of 24
originally came, exactly like this, to the Council.
Councilmember Libby stated her problem with this is the perception that they will be
painted on this street and in no other area are they painted on the street. She does not
like to see the perception of favoritism and opening a pandora's box because you open the
option for other areas to say they have a speeding problem and not only do they want the
speeding signs, but they want it painted on the street.
Mayor Mastin noted that one of the things that the City Council, along with the City
Engineer, several years ago agreed upon was that this area, because of the unique
impacts of it being commercial on both ends and being residential in the middle, this area
would become more or less a test area for traffic calming and for other measures to see
what the City could do in other areas of the City since it was recognized at that time that
K-Mart going in would heavily impact that area by traffic, not that it would be the only area
in town that was going to have anything done to it. It probably has had no more done to
it than the Lorraine/Betty Street area where the City went through several different types
of devices, some traffic calming, some direct traffic, that we rearranged, removed, and
redid a couple of times. We now have a solution that works. His feeling is that part of why
this is happening in this neighborhood is because they have had a very active
neighborhood organization that came up with a number of their members and presented
an organized thought process to the Council and stuck with it to see it through.
Councilmember Libby stated as a Councilmember she is very much interested in public
safety on this street and all over the City but she only has concerns about the perception
of why we are not just putting speed signs and why we are putting it on the street. She has
no problem with the striping and everything else that is recommended.
Mayor Mastin noted that hopefully these will work and the City will be able to use them
in other areas successfully. He would hate to think that the City put up planters in the
middle of intersections throughout town because we didn't want neighborhoods to feel like
they were being left out of the process.
Mayor Mastin called for the question.
The Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
NEW BUSINESS
8a. Consideration of Extension of Contract with Jeff McMillen for Gol.~
Professional Services at Ukiah Municipal Golf Course Through October 31_
Community Services Director DeKnoblough reported staff recommends City Council
approve the contract extension with for Golf Pro Jeff McMillen for Golf Professional
Services through October 31, 2004. He further reported on June 16, 1999, the City
Council approved a 16-month extension to the Golf Professional Services with Jeff
McMillen, commencing on June 30, 1999, and terminating October 31, 2000. The contract
April 5, 2000
Page 14 of 24
referred to as "Grant of License and Concessions at Ukiah Municipal Golf Course and
Independent Contract for Golf Professional Services" includes a provision allowing the City
to extend the contract for four years through October 31, 2004, contingent upon the Pro
requesting renewal by February 15, 2000. Mr. McMillen requested a contract renewal and
he recently met with staff regarding a minor revision to the agreement including language
clarifying payment of a percentage of the cart rental revenues to the City. This revision
of the cart revenue issue is necessary because Paragraph 2.1 of the contract requires the
Pro pay to the City, on a quarterly basis, 6 percent of his gross receipts from all
concession. Golf cart rentals are included in the list of concessions provided in Paragraph
2, but have not been included in the list of required fees under Paragraph 2.2 in the past,
and under this contract, it would be appropriate for the City to collect a concession fee.
He noted the Golf Pro has agreed to pay to the City on June 30 of each year the sum of
$2,500 in golf cart fees, which would be used for Golf Cart Path maintenance
expenditures. He noted Attachment 1 of the Agenda Summary Report referenced as Item
No. 8a is the original contract wherein Attachment 2 is the contract which includes the
revised language.
A general discussion followed regarding the aforementioned language clarification relative
to the contract revision as outlined in the Agenda Summary Report for this item.
Councilmember Libby reiterated cart concession revenues represent approximately
$100,000 annually. She further reiterated the City pays the Golf Pro 6 percent of the first
$150,000 on the green fees and 5 percent thereafter.
Staff noted the City receives six percent of concessions to include merchandise, food, and
beverage. It was noted the Golf Pro receives proportional income from cart fees and
concessions. The Golf Pro does receive full income from golf lessons. It was further noted
green fee appropriations are used by the City for general golf course maintenance. The
$2,500 would be used for cart path repair and/or maintenance. It was noted Golf Course
expenditures do reflect the amount of revenue generated per year. The Golf Course does
operate as an Enterprise Fund.
Golf Pro McMillen thanked City Council, staff, and the public for their continued support
on his behalf.
MIS Ashiku/Baldwin approving contract extension with revisions for Jeff McMillen for Golf
Professional Services through October 31, 2004, carried by the following roll call vote:
AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None.
ABSENT: Councilmember Smith. ABSTAIN: None.
NEW BUSINESS
8b. Consideration of Appointment to Vacancy on the Traffic Engineerin?
Committee
City Manager Horsley stated staff recommends adoption of a Resolution making an
appointment to the Traffic Engineering Committee. She noted the City received two
applications for the vacancy of a City of Ukiah resident member to serve on the Committee.
The first applicant was Bill Fernandez who had served for 20 years on the Committee and
April 5, 2000
Page 15 of 24
he did not completely answer the questionnaire wherein he indicated his past tenure on
the Committee would suffice. The second applicant was Diane Zucker, a Medical
Independent Study Teacher.
Councilmember Baldwin nominated applicant Diane Zucker to serve on the Traffic
Engineering Committee.
MIS Baldwin/Mastin adopting Resolution No. 2000-33, making appointment to the Traffic
Engineering Committee, carried by the following roll call vote: AYES: Councilmembers
Ashiku, Baldwin, and Mayor Mastin. NOES: Councilmember Libby. ABSENT:
Councilmember Smith. ABSTAIN- None.
NEW BUSINESS
8c. Authorize the Mayor to Execute an Interest Rate Exchange Transfer
Agreement with Palo Alto. Roseville and ~ilicon Valley Power Relative to thc
Hydroelectric Project Operated by the Northern California Power Agency
Councilmember Ashiku and City Attorney Rapport presented a brief synopsis of the
matter, which resulted in a compromise by the participants stated herein. Staff
recommends the Mayor be authorized to execute and Interest Rate Exchange Transfer
Agreement with participants, Palo Alto, Roseville and Silicon Valley Power, relative to the
Hydroelectric Project operated by the Northern California Power Agency. The Northern
California Power Agency (NCP^) Commission voted in October 1999, to enter into an
interest exchange agreement, whereupon all participants would be liable should interest
rates change adversely. The bonds issued for the hydroelectric project would then pay
a market maker or bank the fixed rate payment due on the bonds. The market maker would
pay the participants interest based on the variable rate. It was noted when variable rates
are below the fixed rate, the exchange rate results in a savings or in a payment to the
participants. If the variable rate increases above the fixed rate, the exchange results in
increased payments by the participants. The significant factor associated with the
aforementioned criteria is that of variable rates staying below the fixed rate debt over time.
Participant percentage in the Interest Rate Exchange would be exactly the same as in the
third phase agreement for various components of the Hydroelectric Project except as
provided for in the various side agreements among the participants whereupon Healdsburg
and Ukiah, combined, have a 3.7 percent interest.
It was noted the financial risk associated with this type of interest rate derivative would not
be appropriate for Ukiah, since a change in the market rate may cause adverse effects.
Ukiah chose not to participate in the Interest Rate Exchange Agreement, but did not want
to prevent the other participants from proceeding and, therefore, Ukiah requested the other
participants take Ukiah's proportional share of the Interest Rate Exchange Agreement.
The three largest participants in the Hydroelectric Project would be willing to each take a
one-third share of Ukiah's 2.0 percent participation in the Interest Rate Exchange
Agreement. A transfer agreement was prepared in order to transfer a stated interest rate
percentage under the terms of the Interest Rate Exchange Agreement for Roseville, Palo
Alto and the Silicon Valley Power to cover both Ukiah and Healdsburg's 3.7 percent share.
The potential market maker would ensure, under the terms of the Interest Rate Exchange
Agreement, that Palo Alto, Roseville, and the Silicon Valley Power, with the exception of
April 5, 2000
Page 16 of 24
Ukiah, make the debt payments. Ukiah would continue to make payments based on the
existing debt requirement, which is not subject to change.
The Transfer Agreement and/or interest rate swap may incorporate comprehensive legal
ramifications, subject to be reviewed by the City Attorney.
A general discussion followed regarding the compromise reached by the various
participants and the Transfer Agreement transferring rights and obligations under the
Interest Rate Exchange Agreement. It was noted at the NCPA meeting, Ukiah could have
either supported or opposed the debt swap but the City elected not to participate. As a
participant, Ukiah would have incurred potential consequences should the associated
variable market rate change adversely. It was noted by staff, 100 percent participation is
required to participate in the interest rate swap.
It was noted there is reasonable assurance the City of Ukiah is not at risk. It was further
noted many times the larger NCPA members make compromises which are against the
interest of their consumers.
MIS AshikulBaldwin authorizing the Mayor to execute an Interest Rate Exchange
Transfer Agreement with Palo Alto, Roseville and Silicon Valley Power relative to the
Hydroelectric Project operated by the Northern California Power Agency, carried by the
following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES:
None. ABSENT: Councilmember Smith. ABSTAIN: None.
NEW BUSINESS
8d. Ap_oroval of Lease with Ascot Aviation for 138 Square Feet of Office Space at
the Ukiah Regional Airport
Assistant Manager Flad reported staff recommends City Council approve the Ascot
Aviation Lease for 138 square feet of office space at the Ukiah Regional Airport and
authorize City Manager to execute agreements. He stated staff has worked with Ascot
Aviation representatives and negotiated lease terms and conditions which are included by
attachment for Agenda Summary Report, Item 8d. He noted Ascot Aviation is a Redding
based air charter company who is prepared to commence a six-month trial period of
scheduled passenger light service beginning in the month of April. The proposed lease
site is an existing office located in the Flight Service Station. Because Ascot Aviation's
limited operations are classified by the Federal Aviation Administration (FAA) as a Federal
Aviation Regulation (FAR), Part 135 "Air Taxi," and not a "scheduled air charter," its
terminal space and security needs are greatly reduced. Once Ascot Aviation is in
operation, the Airport may be eligible to apply for FAA funds for the development of a new
terminal facility, which could then house a permanent operations center for passenger,
pilot, and other Airport services. He commented on the type of aircraft Ascot would use,
monthly rental cost per square foot, and Ascot Aviation's proposed flight schedule, which
are specifically outlined in the Agenda Summary Report, Item 8d. He noted the proposed
commuter air service, depending upon the number of enplanements, would open up
potential grant funding in the future. If 2,500 enplanements are logged within the first year,
then the City would be eligible for money because it becomes a commuter airport or non-
hub commuter airport. If 10,000 enplanements are recorded, then the City becomes an
April 5, 2000
Page 17 of 24
"entitlement destination" for funding, relevant to terminals and other airport related matters.
MIS LibbylAshiku approving Lease with ASCOT Aviation for 138 square feet of office
space at the Ukiah Regional Airport and authorizing the City Manager to execute
agreements, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
Mr. Flad received an appreciation award by City Council and staff recognizing him for his
outstanding accomplishments as Assistant City Manager.
NEW BUSINES_S
8e. I. U~3date the City Council Regarding Major Transportation Corridor
Enhancement Project
ii. Ap_Drove Proposed Parking Lot "C" Layout Plan.
iii.Adopt Resolution Granting Blanket Authority to City Manager to Executc
Right-of-Way Certificates and Other Project Document~
Assistant City Manger Flad presented an update on the aforementioned items and noted
staff recommends City Council approve this project. He stated in August 18, 1999, the City
Council directed staff to apply for TEA funding for the Major Transportation Corridor
Enhancement Project. This project involves a variety of landscape and street scape
improvements on State Street and the area surrounding Parking Lot "C" located directly
behind the Library. The Agenda Summary Report specifically outlines the background
incorporating dates and actions taken on the subject matter, discussion incorporating
meetings with the Ukiah Redevelopment Agency, Tom Greenaway and Michael Toms of
New Dimensions Radio, and finally staff's Recommendation and Conclusion relative to the
three items. He stated the Regional Transportation Planning Agency (RTPA) for
Mendocino County, the Mendocino Council of Governments (MCOG) had the responsibility
of identifying and selecting local projects for funding through the TEA program. MCOG
had a total of $1,847,000 available for the programming over the six-year TEA-21 period.
MCOG decided on two separate competitive funding cycles, consisting of approximately
$900,000 each to distribute the funding. The minimum project size was $100,000 and staff
noted while there was technically no "cap" on project size, the realistic maximum project
for the City of Ukiah was between $2000,000 and $300,000 per funding cycle. After an
initial analysis of projects that were eligible for funding under the program and identified
as a priority need in Ukiah, staff developed an initial list of potential projects. Staff
presented City Council with information relative to the submitting of applications to the
MCOG for a 1999 TEA grant, which was due no later than September 1, 1999. In August
1999, the City Council did consider and discuss the application process and directed staff
to proceed with the application process. He noted the application process incorporated
a series of phases to include eligibility, eligibility costs, and the application screening
process, application time line, and other relative grant requirements. The City Council did
select the Major Transportation Corridor Enhancement Project from a menu of
opportunities. In December 1999, the City was notified by MCOG the above-referenced
project had been funded in the sum of $221,000. In February 2000, the Executive Director
Phil Dow of MCOG contacted staff and advised that perhaps additional funding would
become available which allow the City to double the size and/or scope of the proposed
April 5, 2000
Page 18 of 24
project. Staff formulated additional components which could be added to the original
project and has recently received preliminary authorization from the CTC. The project
scope is currently in terms of funding, $503,000 incorporating a $69,000 match. He stated
in a relative short amount of time the project has basically doubled in scope and the impact
on the proposed corridor would also double. He reported the CTC is subject to two public
hearings and it is anticipated by June 2000, the City would be notified that it would begin
incurring expenses and/or costs, which would be reimbursed. He noted, in his opinion,
the City is approximately 80 percent through the project process.
City Manager Horsley stated any engineering costs incurred by staff would not be
reimbursed because the work would be accomplished before the time arrives to complete
reimbursable costs. She noted there is a matching percentage which has been reduced,
because the City utilized the LAPSED-T versus the MCOG funding. She noted although
obtainment for LAPSED-T funding is more advantageous, the City would not be able to
utilize its engineering services in lieu.
Mr. Flad regarding the Parking Lot "C" project, described the views and proposed
elevations as outlined in the plans attached to the Agenda Summary Report for this item.
He noted the primary element of the "pocket park" is perhaps the most significantly unique.
He reiterated on the water element encompassing the fountain design wherein there is a
meandering stream heading eastward. He stated the grant will only fund activities on the
perimeter of the parking lot and as submitted originally, the City would place trees and
irrigation systems in this area.
Mr. Michael Toms presented a brief overview of the Parking Lot "C" project and presented
a history on the project's origination signifying the public demand to aesthetically enhance
communities and maintain consistent preservation/balance of the eco-system challenge
each community and/or world faces. Application of the Russian River watershed concepts
contributed to this project. He stated the augmentation in the park would cost between
$7,000 and $8,000 wherein it is his intentions along with an anonymous contributor to
raise the money.
Ms. Horsley commended Mr. Toms for coming forward with the park project incorporating
greenery wherein the entire idea lead to a grant funding. She noted the park concept was
difficult to introduce to MCOG encompassing the idea of aesthetic beauty as well as the
type of effect this kind of project would have on the community. It is anticipated that
private property owners would take notice and be encouraged to utilize this concept on
their land.
Mr. Flad acknowledged Nancy Roca, who is affiliated with the Shade Brigade, and others
for their efforts and involvement in making the Downtown and State Street corridors
aesthetically appealing to the public. He noted along with the Shade Brigade tree efforts,
the grant and state funds have attributed to the potential beautification of Ukiah.
Lastly, he noted it is staff's recommendation for City Council to approve what the State of
California calls a blank resolution granting blanket authority to the City Manager to execute
right-of-way certificates and other project documents. These types of ordinances are
April 5, 2000
Page 19 of 24
recommended as part of the streamline procedure provided by Caltrans which allows for
a quick turn-around approval and passage of various documents relevant to various
programs incorporating such grant funding as LAPSED-T.
Councilmember Baldwin stated he did not review the proposed map plans for State
Street.
Mr. Flad replied in the initial grant application which was provided to Council in September
1999, there were some preliminary design plans wherein staff has since formulated the
formal design plan.
It was noted the plan includes approximately 200 deciduous/evergreen trees to be added
to the already existing State Street trees for a grand total of approximately 300 trees. The
project would include recycle and trash bins as well as benches for the public to sit.
Councilmember Baldwin inquired whether the community can be assured this project
does not preclude or create difficulty with the possibility of installing future underground
utilities on State Street.
Staff noted there should be no problems associated with future placement of underground
utilities, though there may be tree root development problems associated with the
sidewalks along State Street. A general discussion followed regarding tree root systems
and whether tree growth would be stifled by later placement of the underground utility
impacts. This issue would have to be researched in order to determine what part of the
street underground utilities would be located.
Councilmember Libby noted other city jurisdictions are envious of Ukiah's ability to obtain
such funding as referenced above because none of the other jurisdictions had this type of
project wherein they could apply for LAPSED-T funds.
A brief discussion followed regarding standard procedure for street tree planting.
Nancy Roca drew attention to a published article in the San Francisco Chronicle,
Science/Health Environment section advocating the necessity for increased urban
greenery and/or tree planting to assist in the battle against pollution and heat rising from
cities which appears to be changing regional weather patterns. She further addressed the
problem relative to implementation of root barriers, which are ineffective and constrict tree
growth and cause trees to fall, creating potential public hazards. She recommended
providing adequate street tree placement space in order to avoid future problems in
conjunction with appropriate tree placement planning incorporating the many reference
sources available for such projects.
Staff noted tree consultants would be hired to accommodate the appropriate tree species
selection as well as to assist in the tree placement procedure. The City plan is to plant in
a series beginning with deciduous trees followed by evergreen trees and continue in this
pattern.
April 5, 2000
Page 20 of 24
MIS Baldwin/Libby approving Parking Lot "C" Layout Plan, carried by the following roll
call vote: AYES: Councilmembers Libby, Baldwin, Ashiku and Mayor Mastin. NOES:
None. ABSENT: Councilmember Smith. ABSTAIN: None.
Councilmember Baldwin supported the Resolution with a proviso that the planting plan
be based upon the assumption State Street utilities would be undergrounded whereupon
the tree planting project takes this matter into consideration.
MIS Baldwin/Ashiku adopting Resolution No. 2000-34, granting blanket authorization to
the City Manager to execute Right-of-Way Certificates and other project documents,
carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and
Mayor Mastin. NOES' None. ABSENT: Councilmember Smith. ABSTAIN:
NEW BUSINESS
8f. A~_ proval of Letters of Opposition to Federal Emergency Management Agency
Public Assistance Insurance Proposal
City Manager Horsley recommends Council approve preparation of letters of opposition
to Federal Emergency Management Agency Public Assistance Insurance Proposal. It was
noted that (FEMA) has recently published an Advance Notice of Proposed Rule Making,
which would have a significant impact, especially on California governmental agencies with
regard to potential earthquake disasters. The new insurance rules as proposed by FEMA
is a method for reducing federal costs/expenditures regarding disaster funds wherein the
target is publicly-owned buildings. FEMA would require every public building be insured
for all hazards before a disaster. Should an agency insure a particular building and the
building is destroyed or damaged by a hazard that has not been included under that
particular insurance policy, then FEMA would not provide any public assistance funds for
the building's repair and/or replacement. Essentially, if an entity and/or agency chooses
wrong on what it considers a potential disaster for insurance purposes, then the agency
would receive no assistance.
Rick Paige, General Manager for Mendocino Emergency Services Authority (MESA)
drew attention to a document from the Governor's Office of Emergency Service (OES)
regarding OE$ comments on the proposed FEMA insurance rule. He advocated that staff
be given the authority to write letters to OES and FEMA, as well as to participate in a letter
being sent from Redwood Empire Municipal Insurance Fund (REMIF) in opposition to this
new FEMA proposal. The rules, if adopted, could result in the California taxpayers being
without assistance to rebuild should there be a major disaster. He noted California is
concerned about the aforementioned proposed FEMA rules, since California is subject to
earthquake threats. OE$ notes many insurance provisions including flood and/or similar
disasters are commonly available, but earthquake insurance has many confusing options
and associated high costs that many agencies and/or organizations cannot afford such
insurance coverage. He noted (REMIF) has informed its pooled cities that if such cities
were able to purchase increased coverage for earthquake insurance, it would cost a
minimum additional premium of 60% over what is currently being paid, and this would only
cover about half of the asset values. Insurance brokers question whether REMIF could
receive sufficient coverage for such a small Joint Partnership Agreement (JPA) and if such
JPA's could purchase this coverage, when the cost would greatly exceed the proposed
April 5, 2000
Page 21 of 24
dollar limits under the FEMA rules. He indicated if the City were required to go with the
coverage levels recommend by FEMA, each citizen would be taxed for the additional
coverage over and above what is currently paid and he urged the necessity for writing
protest letters in accordance with the proposed FEMA new rules.
MIS Baldwin/Ashiku approving preparation of letters of opposition to Federal Emergency
Management Agency Public Assistance Insurance Proposal, carried by the following roll
call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Martin. NOES:
None. ABSENT: Council member Smith. ABSTAIN: None.
NEW BUSINESS
g. Set Date and Time for Long Term Goals and Projects Workshop
City Manager Homey reported the workshop would incorporate approximately four hours.
She further reported the workshop is part of the strategic plan continuation and staff would
participate in the developmental concepts for long terms City goals.
It was the consensus of the Council to meet on April 26, 2000, at 4:30 p.m. to conduct
a Long Term Goals and Projects Workshop.
h. Urgency Item
City Attorney Rapport drew attention to a proposed letter directed to the Board of
Directors, Mendocino County Russian River Flood Control and Water Conservation
Improvement District (Water District) in response to an action taken by them on March 27,
2000 regarding the Sonoma County Water Agency Contract. He stated the $onoma
County Water Agency (SCWA) and the District had an agreement which was negotiated
and approved by both agencies approximately seven years ago wherein currently the
Water District does not intend to extend the SCWA contract. He further noted the original
Contract negotiations were costly and there were associated environmental studies
required to be completed prior to approval by the State Board. Presently, SCWA intends
to withdraw its petition to the State Water Board seeking approval of a one year contract
extension. In order for the proposed agreement to become effective, approval is subject
to the discretion of the State Water Resources Control Board, which allows Sonoma
County to use their permit water in Mendocino County, where there would be approval of
a change in the use of the water. Approval of this change in use is obtained by a petition
filed by Sonoma County with the State Water Resources Board. A one year extension
would have given $CWA more time to process its petition to the State Board as well as
given the Water District and other local water users more time to consider the effect of any
changes in water availability that may result from proceedings pending before the Federal
Energy Regulatory Commission (FERC) and the Endangered Species consultations
currently taking place on the Russian River. Under the terms of the agreement, Sonoma
County would sell up to 13,000 acre feet of surplus water, as needed, to the Water District
should the demand for water within the Water District exceed the 8,000 acre foot
entitlement under the Water District water permit and/or any other water rights that users
have within the Water District. The City has an interest since it is a water user. The action
taken during this meeting by the Water District would affect every water user within the
Water District to include the County of Mendocino, City of Ukiah, Millview Water District,
Calpella Water District and the Willow Water District. He further stated the City has its
Apdl 5, 2000
Page 22 of 24
own year-around permit to appropriate water from the Russian River and he reported there
are times during the year when there may not be any water in the River other than water
stored in Lake Mendocino and released for this purpose, accordingly. The City questions
the rationale for the Water District refusing to extend the SCWA Contract, as requested
by the SCWA, when such an extension would not disadvantage the Water District. The
City's supports the belief that the contract and/or agreement should be extended for one
year, because it is not possible to determine how and when surplus water would be
available for purchase under the SCWA Contract.
Mr. Rapport questioned the rationale for the Water District refusing to extend the SCWA
Contract, as requested by SCWA, when such an extension would not disadvantage the
Water District. He supported the belief that the contract and/or agreement should be
extended for one year, because it is not possible to determine how and when surplus water
would be available for purchase under the SCWA Contract. He recommended the
approval of the aforementioned letter directed to Water District on City letterhead.
MIS AshikulBaldwin approving the Mayor to execute a Letter to the Board of Directors,
Mendocino County Russian River Flood Control and Water Conservation Improvement
District, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin,
Ashiku, and Mayor Martin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
9. COUNCIL REPORTS
Councilmember Libby referred to correspondence from MCOG regarding the issue of
formulating a County Wide Transportation Expenditure Plan urging the necessity for
incorporating a steering committee to be represented by the various jurisdictions. She
noted the aforementioned issue has been placed on hold since there is some question
whether the Governor would authorize SCA3 funding due to an existing surplus. She
further noted the MCOG Bylaws were reviewed and appropriate changes were made to the
document.
Councilmember Baldwin stated he recently attended the Russian River Watershed
Council meeting wherein he reported on various issues discussed to include the 8th
Annual Russian River Clean-Up Day, finalization of the cost sharing agreement with the
State of Califomia relative to the Memorandum of Understanding, Russian River watershed
issues, and the proposed utilization of live plants for river and tributary creek bank
protection.
Councilmember Ashiku reported on his attendance at a FAA sponsored flight safety
programs.
Mayor Martin reported on Senator Peace's recent meeting with rural areas regarding his
tax plan, which would virtually eliminate sales tax out of land use planning in order to
return money to cities. He elaborated specifically on the proposed tax plan's issues and
the various reasons why cities should support this plan.
He also reported briefly on the Hate Crimes Bias Incident Task Forces meeting he recently
April 5, 2000
Page 23 of 24
attended.
10. CITY MANAGER/CITY CLERK REPORTS/DIRECTOR REPORTS
City Manager Horsley reported there will be another Homeless Shelter meeting on
Monday, April 10, 2000. She also reported she met with Ukiah Solid Waste to begin
discussions/negotiations on the single stream recycling toters to be effect when the
Transfer Station is operational. She commented that a lawsuit has been filed regarding
the Transfer Station.
11. CLOSED SESSION
None.
12. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:23 p.m.
Catherine L. Elawadly, Recording Secretary
April 5, 2000
Page 24 of 24
"SUMMARY" MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, April 5, 2000
The Ukiah City Council met at a Regular Meeting on April 5, 2000, the notice for which had
been legally noticed and posted, at 6:33 p.m. in the Civic Center Council Chambers, 300
Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers
were present: Libby, Baldwin, Ashiku and Mayor Mastin. Councilmember absent:
Smith. Staff present: Interim Public Works Director Bertolero, Commu.~:.t.y Services
Director DeKnoblough, Assistant City Manager Fled, City Manager Hor...s..'t.'~=i Associate
Planner Lohse, City Attorney Rapport, Deputy Public Works ~i~..c..t~iiii~anor, Senior
Planner Stump, and Recording Secretary Elawadly .... :.:~i:~i~i~ ..... ~::iiiiiiiiiiiiiiiiiiiiiiii?~iiiiii~.:''
Councilmember Ashiku arrived at 6:36 p.m. ~:ii!ii!iii~? .... ...:~iiiiiii?~:'ii!iii!iiiiiiii?i!iiii!i!iii!i!i!i?i!iiiiiiiiii~ ........ ~!!i?
Mayor Mastin led the Pledge of Allegiance. ~iiiiiiiiiiiiiii!iiii?iiii!iiiii!ii:~ .... "::-:~?~::ii::i!ilili::ii?:~:~ ......
APPROVAL OF MINUTES: .:~?ii?'::~i::ii~iiiiiiiiiiiiiiiiiiiiiiiiii!iiiiiii?~i?:::~::.
3a. Regular Meeting of March 15, 2000 ............. "::',~iii!iii?~iiiiiii~iiiii!iii~iiiili?~i!i!ii!iii~: ....
Deputy City Clerk Yoast noted a correcti~ii~!i~i!i!~i!iiii~i.'r...:.s..t line ~i~; first paragraph, that
the date should be changed from F eb.~::~ 16, ..~i~ii~G~iiii~::5, 2000.
Councilmember Libby recomme~'d the f:~i::i0wing ~i~:;gs to the minutes:
======================= ,.:.:.:.:.' :.:.:.:.:
........................ ...,......
..:.:.:,:.:.:.:,:,:.:.:.:.:., .::::::::::' ..... ..........
Page 1, Paragraph 9, Last ~~'nce, b."~i?i?~mend~iii~;o read: "In regard to item 5a, she
referenced page 16, Spe..~aliiii~bpplies~ii?~i~ym..e..e~iii~' Friedman Brothers Hardware in the
amount of::~0.58 and..~!~r items, ii~!i~iiiii~'"page 22, Special Supplies, payment to
Pamum. i~~ii~...n va,~i?i~~:!s, ancJ~:'~i~~d if this went out to bid because the dollar
'~en~e~e' be amended to read: She stated that in January
she atten~ii~::i!~ii~...k...sho~::iii~:'Sacramento which provided her with the history and
P~ii?9, Paragraph 6,.~i:i~'~::i~entence, "She was also part of a legislative group and then
~! through a train:~ session on the framing of quality issues relative to NCPA," be
=================================================~~!i~!::~ibby recommended the following second paragraph be added to Page
9;::~::~ii~ii!i~!!i~'uncilmembers Ashiku and Libby went back to Washington, D.C. with NCPA
to help lobby our Congressional leaders on legislative issues that would directly affect the
cost of buying power to Ukiah. The first day in Washington, D.C. they attended a briefing
on all legislative issues would be discussed with the Legislatures."
Page 10, Paragraph 3, Second Sentence, be amended to read: "With regard to the Trinity
April 5, 2000
Page I of 15
Water Environmental Impact Statement (ELS), if this is diverted, it could mean an increase
anywhere from $5 to $10 million per year for western power."
Page 10, Paragraph 3, Third Sentence, be amended to read: "On the local level, the cost
of power could increase anywhere from $28,000 to $58,000 per year."
Page 13, Paragraph 3, Second Sentence, be amended to read: "She was unsure if she
could support taking someone's personal property without compensating them."
M/S Baldwin/Ashiku approving the Minutes of the Regular Meeti....n..g of ~h 15, 2000,
as amended, carried by the following roll call vote: AYES: Council~e...~ii~i~bby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: G'.'.e. uncilm~~iii~mith. ABSTAIN:
4. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
ON ' .......
No one from the audience came forward .....
Mayor Mastin drew attention to an urgency..::j.[~ii~i::i~be inc0'~{~ii?:~s agenda item 8h,
authorizing the Mayor's signature on a !.e..[{~ili~~..d.. by Ci[~i~{~:~rney Rapport to the
aendocino County Russian River FIoo...~iiii~:~)ntr~ii?~ii~".a..:t.e..r. :~servation Improvement
.........
.-.-.-.,..
· ........... .....~.. ;.:.:.:.:.
City Manager Horsley reported ~ii~orem~ioned let.'~(~r pertains to a Mendocino County
Russian River Flood Contro!~iiiii~i~':':Wat.~?Conse~.'i~ion Improvement District meeting
wherein action was taken .~.. d:i~' City w~ii~..t. :p..::~iY notified of the pending action. She
further re~::..d the act.!~ili~ durin~i'ii~'~ili~~g could encompass consequences for
M/S Ashi~~::.a. ppr(~iii~ii~?:~j.~em 8h to the Agenda, carried by the following roll
call vote: AY~iiii~~ilme~~ii!~by' Baldwin, Ashiku, and Mayor Mastin. NOES:
None. ABS. E~iii~~i~emb~ii~:'mith. ABSTAIN: None.
6a:iiiiiiii!i?' Introduction o.'~ii~'inance Rezoning Portions of Assessor Parcel Number~'
~r Planner St~ reported staff recommends Introduction of an Ordinance rezoning
~i~s of Assailers Parcel Numbers 003-471-27, 003-472-13, and 003-472-14. He
~ii~ii~en the proposed Boundary Line Adjustment is finalized, this would allow
t~ii~ii~perty lines between the contiguous parcels to be shifted 20 to 100 feet to
the"~:~:~:i~":~hich would allow the facility to be developed without buildings crossing over
property lines. He noted the purpose of the Rezoning along with the Boundary Line
Adjustment results in a parcel with one zomng classification.
Associate Planner Lohse stated approval of the proposed Rezone (#99-51) would
April 5, 2000
Page 2 of 15
change the zoning for an 8,743 square foot portion of land from the C-2 (Heavy
Commercial) Zoning District to the C-N (Neighborhood Commercial) Zoning District in
order to provide the proper zoning category for the development of an assisted living
facility on the affected property. The Ukiah Planning Commission has approved Major Use
Permit (~9-52) on March 8, 2000, allowing the development of an assisted living facility
on a 2.5 acre project that includes a portion of a parcel in the C-N Zoning District and
portions of two parcels in the C-2 Zoning District.
The Planning Commission voted 5-0 to recommend that the proposed..:::.Rezone be
approved, based on the fact the change in the Rezone and the resul~;:'transfer in
ownership would be consistent with the Ukiah General Plan ag~i::~o..u...!~!~;~ot affect the
commercial viability of the portion of the site remaining?i....n C-2 ~~iiii!!:i!~ ....
Don Malay, 2501 26 Street Suite 450, Salem, ~on,:~i::~:Plicant
presented a brief project description regarding th~i!iii~~t and importari:~?~i~!~ssisted
living facilities. He noted the Rezone is actually a d~~~:.f, rom Heavy Commercial to
Neighborhood Commercial wherein this particular ..z:-~:'~ ~i~iii::b.e more compatible with
the nearby residents and the Church of Latter':~::i~ay S'~ii~ii~iii~b~:.the previous Heavy
Commercial Zoning .......
....
MIS Rshiku/Balclwin approving Miti~i~d Ne~/e D~~{i~ for Rezone #99-51, carried
by the following roll call vote: AYE~i~iii~ounc~l~'embers~ii~ibby, Baldwin, Ashiku, and Mayor
Mastin. NOES: None. ABSEN~?Councii~ember.~ith. ABSTAIN: None.
MIS Baldw..ia/Rshiku Ordi~~iii!~:::iii~:itle only, amending the official Zoning
Map
of
· ia iiii ?ifornia?:iiii a &d by the following roll call vote: RYES:
Counci'i~~iii~...L. ibby'?~i~iiii~shiku, and Mayor Mastin. NOES: None. ABSENT:
Councilme'~ii~i..th. AB§~i~iiiiiihon. e
· ================================================ '.:.:.:.:.:,:.:.;.:.:.:.:.:.:.:..
eecordi .n..:~iii~~iii~i~.adl~iiii~i~d the title of the Ordinance.
Ml$..:~hikulBaldwin'~iiii~'uce Ordinance, amending the official Zoning Map for the
Ci.t...~iii~ Ukiah, Cai' .:iiiiii::i:~: "::~:~:~:~:~ .... '
............... ~forma, .c. amed by the following roll call vote: AYES: Councilmembers
L:ii~, Baldwin, Ash.i~', and Mayor Mastin. NOES: None. ABSENT: Councilmember
S~E~. ABSTAIN: e
::::::::::::::::::::::::::::::::: .
6'~!!iiiiii!ii!iiiiii!~~i:"of Planning Commission Decision to Conditionally Approve Major Use
Permit No.
Senior Planner Stump reported there was some concern about appropriate project
noticing and he stated the project was properly noticed in accordance with the provisions
of the Ukiah Municipal Code. He further noted there are three Code requirements to
ensure proper noticing and he noted each noticing procedure. He advised all property
April 5, 2000
Page 3 of 15
owners within 300 feet of a project are advised of a public hearing. The appellant is a
tenant and did not receive a public notice.
Associate Planner Lohse reported staff recommends denial of the appeal and approval
of Major Use Permit No. 99-52 based on staff's project Finding and Conditions of Approval
as set forth by Staff and the Planning Commission at the March 8, 2000 hearing. On
March 8, 2000, the Ukiah Planning Commission considered the Use Permit allowing for
the development of an assisted living care facility incorporating 43 apartments on a 2.5
acre portion of a project site made up of three contiguous parcels located in the C-N
(Neighborhood Commercial) and C-2 (Heavy Commercial) Zoning D.~icts. The
Commission approved both the Negative Declaration prepared for.~:.p.r.:~'"i' and the Use
Permit. Ms. Rita Samols filed a timely written appeal citi.n...g..: her p~iii~'Cerns to include
potential disruption of "peacefulness" caused by the Io.s...:~ii~?:the o~iii~iii~e constructio,..n..
of the facility at a distance of 25-feet from her ho~i~:"dust/no...i.~ii~¥~~i::~.c, onstructi~
hours, and potential loss of privacy.
Councilmember Libby inquired regarding the al~!'~~i.~ time for con;~{ii~ of the
facility. "::~::! i;?iii i?ili ili?!ii ?i?ili iii?!iiiiiiili!ili::~~ ....
It was noted facility construction would take appr&~'imate'i~ii~i~ii~.tbs.
Rita Samols, Appellant, briefly recap~.t~i~ied h~i!~;~~i~i~ject denial an,d addressed
the issue of tenant public hearing.:~:iificati~i?~: She":~:.~i~!~:::iike the building s size to be
reduced and the facility constru~i!:as far::~ay fro~ii~e residents as possible.
George Ginochio, 1383 BerkaaY Way,:!::i~ah, s~' he was not in support of the project
because t.~::~..:.constructi..0.:~ii~i~:i~ facilit~iii~i~ii~te, significant health hazardous for his
daught~iii!iiiiii!i~:~::.specifi~J~ii~.Scribed':~:'~iiiii!~'ghter s medical condition to include the
immen~ili~~:'~''''':~::~;i~...,t...~.ry p~:~~i ~S. sociate~i' with her illness. He stated, as a homeowner,
he did not'::~i~iii~._,o..ject notification.
Mr. M a I o y:..,~i?:i~!ii~ili!~{i .... ' ............................
....... ~.t Suit'~7450, Salem, Oregon, Applicant's representative,
..........
acknow..L~ed Mr. ~i~i:s.:..concern for his daughter's health and stated he would be
ame~i~ to accomm~~!i.i~. Ginochio's daughter by assisting her health needs during
the:~!~struction phase.i~":~:"facility. He noted a neighborhood meeting was recently held
pr:i~i~o.::::~::::::::~: the Planning C-..:~mission:.:.:.:.:.. hearing wherein there was a neighborhood consensus
~~rting the proje~ii?"He noted a correction in the building's dimension and reported the
~.t.'!~i~g's exteri~ii~i~rameter calculates to 38,800 square feet incorporating an interior
~:...............~:.~ii~~~!~:ihe actual building size is 27,060 square feet.
It ~i!?!:~i:'~i~:~' the first two months of construction would encompass excavation wherein
there would be significant amounts of dirt moving followed by installation of a construction
pad/retaining wall as well as the first phase of parking lot pawng. Dust mitigation measures
would be accomplished by utilizing standard watering techniques daily and/or when
necessary.
April 5, 2000
Page 4 of 15
Mayor Mastin drew attention to the tree species to be placed on the south side.
Mr. Maloy assured that the tree species incorporating a Iow-medium canopy would be
conducive to the shade/privacy screening purpose.
Mr. Lohse reiterated in addition to the proposed trees along the southern property line,
there are existing trees which would be retained as well as the construction of a six-foot
wooden fence to assist in shade/privacy screening. He addressed the dust issue by
referring to compliance regulations per the Air Quality Control Board co~.....erning dust
suppression methods for this type of project construction. .~!!i!i~ .... ..:
general discussion followed regarding further build.i~g set b:~iiii~i!!~''e north. It was
A
noted additional set backs would not be possible d~iiiii~::i~the P:~iii!ii~..u. larities and
order to maintain compliance with the emergency ve~"require~~ii~i!i~!iyery pic..:~
Mr. Maloy noted all units would be interiorly ac~ii~m the center i~fbn of the
Ms. Samols inquired if studies have been complet~i~::"estal~ii~i~i!ii~:peed for an assisted
living facility in this community. She was in fay:~i~?~ilding ~iii~~tion and supported
the concept of incorporating the proposed ia.t."'~i~i~~ard to b~::ii~:~structed on the outer
parameters of the building for public a~.~i~i~: ~~..e..nt...::~?~::
Mr. Maloy stated there are curren~yiii~:0 assi~ livir~:~iii~iiiiii{:i'es in Ukiah wherein a need
does exist for this particular s~~ for ~'iors. H~?noted there has been extensive
research documented in conju.~~' with:~i~i~ proje~iii!~nd the results rectify the necessity
for this type of facility. He india{ed the::~pose.d..~i~i~Sisted living facility is not the type of
facility whi~::..would pr0~i~iiii~i~urity f~~iii~i::::~ould prevent people from coming and
Council~~i!i~?dwi~:~ii~~:..d.:..the concept of incorporating courtyards for future
development~!?~iii!i~..r...pora{~'~iii~?'into the exterior perimeters of a proposed project
site as op~~!i~ii~~?:~para~{~rs.
Leon~!i!?~"'alsbury, Ul~i~iii~i~i~'d there exists a need for an assisted living facility in this
co.~bnity and she s~~.::::::::: the project.
.:i:!:!:~:!:!:~:!:! ::i:i:!:!::
M~ii~inochio inquir.~[i::'~at would be the ramifications if no agreement could be reached
~i~..:..applicant.:~.i.~iii~rms of his daughter's health condition should Council approve the
S;~iii~'"~'"'~inez, Ukiah, as an administrator, stated on behalf of the residents at Ukiah
Convalescent Hospital, that many people in her facility are interested in the proposed
facility. She addressed safety concerns associated with problems in the open field where
the assisted living facility would be located.
April 5, 2000
Page 5 of 15
PUBLIC HEARING CLOSED: 8:10 p.m.
A brief discussion followed regarding a project hearing continuation contingent upon the
applicant and Mr. Ginochio reaching an agreement relative to his daughter's medical
problems or, in the alternative, formulating conditions at this hearing settling the proposed
construction concerns.
Councilmember Ashiku proposed staff monitor the construction site reassuring that
compliance with air quality standards be appropriately met pertinent to Mr::..:~;. Ginochio's
concerns. He proposed that a construction schedule be formulated for .~iiil}ime period
when there would be "particulates" generated, to serve as not.[~i~ti .o..~iiii~ the abutting
residents when construction impurities would be present,., He .s..~ii!~itional watering
for dust may also be necessary and should be taken i~ii~'nsid~:~?iiiii~..e...~further add~
that the parking lot paving phase be complet~?:i~ccordin ~-'~::~!i~i~i::~ii~..~' roce ":~:~:~
..... i:: .... .....g.~i~i~ ..... ~i~i~:..~ ................ :~ ......... !?:~::, P ~
application. :iiii?~iiiiiii ..~i??:" ....... ~!i~?~!ii}i~i!ii~i~i~i~ii}!i!!!i~iiii~i!~i~iii~ii.~:~ii}i~i~ ....
Mr. Stump advocated staff could create another co~~i?i~ting that prior t~i::i!~ii::::~suance
of a Building Permit, the applicant submit a deta'ii~!ii~:t..r, uction schedule outlining
construction intentions, which would be shared::~ii~i'~::!iii~i~iiiii?.~ighborhood. He further
advocated the City must be notified of any constr:':~tion C~~iii~ich may evolve.
PUBLIC HEARING REOPENED' 8:15 p... ?:~:. "::~::ilililiiii::::~~ ....
......... ~:..- ========================================= .... ..?:i?
Mr. Malay stated he would be ame~i?~:"to s~iii~i~:~iiii~i[~t~ructi~n::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: schedule to staff
allowing for activity notification on...t."~ proje~iiii~ite. ~i!~:~ment was reached with M,r.
Ginochio wherein the applicant ~!~ inst.a...!i?~ speciaiiii~ir-condition unit in his daughter s
room and pay the associat~iii?:::~:iectr[~i:' costs..~?:~e applicant would also seal Mr.
Ginochio's home in orde[::.to:ii~ield th.~!i~..m~..:..f.~''' dust impurities. He indicated Mr.
Ginochio .:~s volunte~!ii::~i?:provid~i!i!i~i~'i watering to the site at night when
necess.~i!iii'i~iA!ated ~~iiiB~ii~onstrL~i~iii~i~'Pervisor and/or Mr. Ginochio would water
the site":""~iii~~~, whe~iii~ii!i~i::::~O construction activity in order to suppress dust.
Senior ~~';r St~!i~~staff:'proposed additional Conditions of Approval to include:
....... :,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:,:.:,:.:..
..::~i::i::i?'
Co,aeon Nos. 26 an~iii~ii~uld incorporate the two aforementioned Air Quality Control
B~I regulations pr~0usly cited by staff.
......
~i:tion No. 287~uld state Beacon Way and Berkeley Way shall be barricaded prior
~iii~~..t. lii~i!~:;:City Building Permit, precluding vehicle access in these areas.
c0;~'¥~'""No, 29 would require the applicant to submit a construction schedule which
would provide periods of construction activities to be reviewed by the City Engineer prior
to the issuance of a Building Permit. The scheduling of any construction and/or
modifications shall be shared with persons who request notification prior to approval of
the Building Permit. No changes shall be permitted to the schedule without prior
April 5, 2000
Page 6 of 15
notification of those persons who have requested such construction notification.
Associate Planner Lohse advised that any time a construction schedule has been set up,
an inspection schedule would also be established. He further advised regarding the
previously approved Condition of Approval No. 20, incorporating the construction hours,
would be modified to read: "The hours of outside construction shall be limited to the hours
between 7:00 a.m. and 5:00 p.m., Monday through Saturday." There would be no hour
limitations placed on internal construction.
Condition No. 30 would require a "two-lift" paving technique be ap~:!ied to..~i~i3arking lot.
.,.::-!iiiiiiiiiii::~ ....... ~!iii!iiii~ ....
Mr. Stump noted a Condition of Approval could be f...O....~ulate..~!!i~~::~::that prior to the
issuance of a Building Permit, the applicant shall di~~'the I~:~j~:.-..'~!i~..e. s and attem~
to reach full resolution of those issues. He noted~ii!i~'e
should the issues remain unresolved.
It was noted the addition of another Condition of Ap~iiii!~ll read: "Prior t~ii~ii?;'suance
of a City Building Permit, the applicant shall provide i:~iii~i~t.a, tion of the air-conditioning
unit, the electrical service, and other improvements::~?~~!i~[!..ng the public hearing to
Mr. Ginochio's residence." It was also noted a::~ther "~i~::i::~..o.f Approval shall be
formulated to read: "The construction site b..e...~?:~iBe, ly wat'~iii~iii~equately suppress
dust on Sundays." .... ~iiiiiiiiiiiiiiiiiii!iiiiiiiiiiiiiiiiiiiiiiiiiii!ii?::.~ .... "~?:iiiiiii?~iiii!i? .....
MIS Ashiku/Baldwin denying the ap~ii::"and Permit No. 99-52, as
amended, carried by the following..:..?if~ call v..o....~!' AYE~iii~:hcilmembers Libby, Baldwin,
Ashiku, and Mayor Mastin. NO~iiNone..~iii~:BSENT..~ii~ouncilmember Smith. ABSTAIN:
A general..~ssion fol!.~ii~gardingii'~i!i~?~i~d/or appropriate considerations which
could b.e..~~i~for te~i!i~!~:g notifi~ii~ii~::~lic hearings for future projects.
7a. Discu~i~i~!!!~iiResul{:~?~ii~~!ii~arch~'~ 16. 2000 Meeting With Clara Avenue and
Ford~:S~i~iaer~ts a~i~:0nsiderati°n of Implementation of Traffic Calmin¢l
City ..M..~:':~ager Horsle~ii~~' staff conducted an informal public meeting with the Clara
Av~~e and Ford Str~{:i!i~idents on March 16, 2000. It is recommended that City
C~cil direct staff t~?implement traffic calming measures reached by neighborhood
~nsus wherein:~i~two-phase action plan was formulated.
i:i:i:!:!:!:~:~:~:!:i:i:i:i.':':i:~:~::...::i:i:i:i:!:!::r'
"::i:i:i::":!:!:~:i:~:i;;;i:i:i:~.'.-':!:~:-' ....:.:- ;~:'::~::'~i~i!;::" .
~~ii~.l.!i~!::~s D,rector Bertolero presented a brief outline relative to the March
i:~iii~iii~~borhood meeting wherein future Clara Avenue and Ford Street calming
acti~:~:iS and/or options were discussed. The first phase action plan would be to install
Iow-cost traffic calming measures implemented by staff at Council's direction in the
following form:
1. Repaint street center line and add raised reflective pavement markers;
2. Paint white fog line striping to separate travel lanes from parking lanes;
April 5, 2000
Page 7 of 15
,
Repaint the white limit bars and pavement markings for the railroad crossings;
Paint the speed limit on street pavement.
He noted the second phase would include formulation of a committee to evaluate the
effectiveness of the above-referenced measures to determine which traffic calming
measures would be appropriate in the future. He drew attention to the Clara Avenue and
Ford Street minutes of March 16, 2000, and recommended the following changes:
Page 3, Item 4, Questions and Discussions, Answer, insert a parenthesis to add the
petition date of 9-17-98.
Page 7, Second to the last sentence, be amended to read: "Lorr~i~ S..~t is unique as
it is quite narrow which qualifies for a decreased spee~ili!:imit." ..~i!i!iiiiiiiiiii!iiii!ii!!iii!iiiiiiiiii? ....
Councilmember Baldwin queried staff regarding ~ii::~[ost of
Staff replied the project is considered a Iow cost ~~iii~'nd the cost fo~i~!?i::~ls and
staff time would be approximately $1,000 or less. "::~::~iii~i~ii~iiiii!iii!iii!i?~iii?~iiiiiiii?:~ ....
Councilmember Baldwin further inquired sho'~i~' fut~iiii~ii!iii~utter, sidewalk, and
pedestrian/bicycle pathway improvements be i...m.~.'e..nted w~i~ii~ii~i~iping be removed?
Mr. Bertolero replied it would not be ne~~:~:::'~i~~::any.s'~i~ing,~ since there would
be no impact to curb, gutter,sldewall~:;-'' '"'::~:~:~ .... and/o~:~oth~..~e~mprovements.':~:~:~ ........
A general discussion followed ~i.ii~i~ual g~hic ass. j~-~ance demonstrating the required
standard dimensions asso¢ii~.{'~ wi~i!ii?pedest[i~/bicycle pathway and/or lane
improvements. Staff does not.~{:icipate:~prob!.e..~' with the proposed short-term
traffic
calming me.asures and a~::i~f~re stre~~a~~'" '"~:'~d pedestrian lane improvements.
..::.:~:!i~:~:~:::: .................. ::::::::::::::::::::::::::
It was ':~~iiii~g. hb(:;~iiii~i~ cour~'i';'""~'ecently conducted by staff indicated 2,500
vehicles tr~ii~i~!~ra Av~ii~i~..a..y. It was further noted Ford Street has more traffic
in one directi~!~ii~iii:.t:...han ~::~:_?~?ue. Additional traffic studies as well as follow-up
determinat.[.~ili~~i~::~ondu'~l in this area and evaluated by the City's Director of
Public ~'"~'i ...... ~::::ili~iiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiii~i~ .... '
..::?:i~i~::~ .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
CoU~!~ilrnember eib~'~::ii~!~'ired whether speed counter evaluations were made for the
..::~:i:i:i:i:i" ::::!-! .-' ':':
a~'mentioned street:~ .....
;i' ' !i:i::~i~!! ..... ~:i:i:::~"
~i~!iiiii~rtolero r..e..:~a affirmatively and indicated the average speed traveled for Clara
~~iii~..a...S..~ili~?P.h. He reiterated the potential repercussions associated with speed
~~!i~iations in residential areas.
· ":'::::~:~:~:~!~i~i:i:i:~::::::':'"' '
Judy Pruden, Ukiah, attributed problems of these neighborhoods are due, in part, to the
lack of existing infrastructure of curb, sidewalk, and gutter. She stated there is a need for
additional traffic calming measures in this area.
April 5, 2000
Page 8 of 15
Eric Larson, 123 Clara Avenue, Ukiah, responded to Councilmember Libby's concern
regarding the traffic counts on Clara Avenue to include 7,000 cars per day, advised that
it represents the total vehicle volume traveling through the neighborhood, not just Clara
Avenue, but a combination of both Clara Avenue and Ford Street. He stated that
references to his activities or involvement in the traffic calming process are based on his
residence in the neighborhood and has no bearing on his work with the Planning
Commission.
Considerable discussion followed between Councilmember Libby and ::.Mr. Larson
concerning his involvement in the traffic calming project for the Deighb..0.:~bd and the
traffic generated by the K-Mart project. The discussion was inter.~ted:~:Mayor Mastin
because he felt Councilmember Libb's line of uestionin
Y q ................ g ........... i~::~iiii~::i~ Mr. Larson on
something and he did not think it was appropriate ....
Councilmember Libby stated she was trying to ob~!'n back. g~nd
long Mr. Larson has been working on this project. S~i::LC...on.ti~'ed to disc~ii~~ii~unts
in the neighborhood. She expressed concern witl~i~ii~ii~cussed at the":~:~orhood
meeting that included the installation of curb, gutter,":~ii!~i~W...alks, as well as bike lanes
in the neighborhood. She did not think these...::~i~i!i~iiiii~sidered traffic calming
measures. '::~iii~ ........
Further discussion followed with regard t.~!i~i~~...~...S expr~~::"at the neighborhood
meeting and the line of questions/answ.e..~ii~i:~'Cu~i~i~..e..en. :~:~Jncilmember Libby and
MIS AshikulBaldwin directing .::.S~ff;' to impi~ment tr~ic calming measures reached by
consensus with the Clara Aven.¢~ii~:~l For..dii~treet residents at the March 16, 2000 informal
public meeting. .:i::iiii?:;::iiiii .:~ .....
Mr. Be.~:. :: ~i::::~:indica~iii~ilili:..did not:~ii~i~~:i:e any further meetings as they want to
implem~i~i!i.'ff.....affic '~6~::~..c. onduct some traffic counts, and take that information
to the neighS., and '~i~~iii~..rt. her items of traffic control.
City Manag~iii~i~ii~.!ain~i~iii!~:~t the City will continue to monitor the project as
changes::i~' made":~i!~~:::~.they are beneficial.
Cq~'cilmember Ashi!~'U::~)mmended Judy Pruden, Eric Larson, and staff for their joint
eff~:.~s and accompli~'ments regarding the Clara Avenue/Ford Street traffic calming
.:i:?:~i!i,~!~!~: C ............
~~i!~~i?:~'ibby stated she was prepared to approve staff's recommendations with
0:~ii~~~?'lnstead of painting speed limits on the street, she would favor posting signs
as i~:~;~'n done everywhere else throughout the City. She asked that Council consider
having the same type of speeding signs on Clara as we have throughout the rest of town
so there is not a perception of favoritism in this area.
Councilmember Ashiku discussed this the history of traffic calming measures for this
April 5, 2000
Page 9 of 15
area as well for Lorraine and Betty Streets and the unique character of the neighborhoods.
He was of the opinion that it is appropriate to place the signage on the street itself.
Councilmember Baldwin agreed that when a decision of the Council creates negative
impacts for a neighborhood then Council has to try.. to help that neighborhood out and
remediate the problem, and that is exactly what a previous Council did in the Lorraine and
Betty Street area. He supports the motion.
Mayor Mastin discussed the City Council and City Engineer's decision sever, el years ago
concerning this area due to it being a residential neighborhpod wi~iiiiiii~ommercial
designation on both ends. He further discussed the Clara/Ford ~i~hb~;~od forming a
committee to voice their concerns .....
Councilmember Libby stated as a Councilmember:~:'"'is very...::~~!i!i~~ted in
safety on this street and all over the City.
recommendations.
The Motion carried by the following roll call vote: AY~!ii~~i.lmembers Libby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSE.N...~!:"~~i~mber Smith. ABSTAIN:
Sa. Consideration of Sxtension::?:!iii~:~::':"~;:~i~i!iiiiiii~ith...::~ McMillen for Golf
Professional Services at Uki~6 Muni.¢i!~ai~::~i~ii~se Through October 31
Community Services Directo~i~nob.!~:gh rep~d staff recommends City Council
approve the contract extensiort~i~i{~" Golf .~ Jeff M..c-'"~:'illen for Golf Professional Services
through October 31, 2004.;;~Mr.:.:ii~ii~cMillen::ii~~stedlii~?;:ontract renewal and he recently met
with staff.:.....~arding a..::~i~iii~evisioniii~ii~iii~'~eement including language clarifying
payme~i~ii~ii~:centa~ii~i~ii~rt ren[~iii~'ues to the City. He noted the Golf Pro has
agreed'"': ii iiii{ . i:: the of each year the sum of $2,500 in golf cart fees,
which woui:~i~ii~:.~for G'~j~i!~iiii~.a..th maintenance expenditures.
A general..~~i~i~:d re~:i~"ing the language clarification relative to the contract
revisior~i~i~::"0utlined'::~iii~ii~enda Summary.. Report for this item.
Co::~;cilmember................ Lib~:.:.:.: ..... "~iterated cart concession revenues represent approximately
$.~i~,000 annually..::~.~e further reiterated the City pays the Golf Pro 6% of the first
~i~.,.000 on the gre~h fees and 5% thereafter.
:::::::::::::::::::::::::::::::: .,:::::::;::::
approving contract extension with revisions for Jeff McMillen for Golf
t~~!~i!i::i~'ervices through October 31, 2004, carried by the following roll call vote:
AY~:~?~'~uncilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None.
ABSENT: Councilmember Smith. ABSTAIN' None.
NEW BUSINESS
Bb. Consideration
of Appointment to Vacancy on the Traffic
Engineerin_n
April 5, 2000
Page 10 of 15
Committee
City Manager Horsley stated staff recommends adoption of a Resolution making an
appointment to the Traffic Engineering Committee. She noted the City received two
applications for the vacancy of a City resident member to serve on the Committee. The
first applicant was Bill Fernandez who had served for* 20 years on the Committee and he
did not completely answer the questionnaire wherein he indicated his past tenure on the
Committee would suffice. The second applicant was Diane Zucker, a Medical Independent
Study Teacher.
Councilmember Baldwin nominated applicant Diane Zucker t.o.. serve~?:i~:'the Traffic
Engineering Committee. .~iiiiiiiilili!~: ....... ?:iii~? ....
MIS Baldwin/Mastin adopting Resolution No. 2000-3.3.-.iiiii~king ~!~~t to the Traff~
Engineering Committee, carried by the following r~iiiii~all vote.;:?:~~!i!i!~Dcilmem~
Ashiku, Baldwin, and Mayor Mastin. NOES:.::!!iii~ouncil~ber
Councilmember Smith. ABSTAIN: None.
NEW B U SIN E S,~ ....
8c. Authorize the Mayor to Execute an..::::~l~;'~iiiiiiii~[e_ Exchange Transfer
Aareement with Palo Alto, Roseville and":~ilicon::~i~!~wer Relative to the
H~droelectric Project Operated bv.th~iii~Ahern C'~i~i~i~:Power Agency
Councilmember Ashiku-and City Atto~iii~~i?: .p....resent:~iii~ brief synopsis of the
matter, which resulted in a compro~i~ byliiii~iiiili~i~ip~{~ stated herein. Staff
recommends the Mayor be authoriz~:?i~o exe~:e ~i~iii~:~'t Rate Exchange Transfer
Agreement with participants, Palo .~!:~::i'~ Rose.~ili~ and ~ij!i~?Valley Power, relative to the
Hydroelectric Project operated b.'-'~iii~e No~'rn Calif.&~ia Power Agency.
,.,..*,...,,.,...
· ,-,..-.-.-.-.-.-.. . .....
It was noted the financial r[s.k ~!;ciatedii~i~::::tbis~i~i~:"of interest rate derivative would not
be appro~i~e for Uki~iiii~i~ a cha~iiii~ii~ii::~arket rate may cause adverse effects.
Ukiah ~~!i~..to pa~i~~ii~ii::it..he Int~!ii~te Exchange Agreement, but did not want
to prev~i~ii!~ part!~i~!i~ pro~eding and, therefore, Ukiah requested the other
pa~icipant~?:~~ah s P:~~~Lshare of the Interest Rate Exchange Agreement.
The three larg~~~i~:a?ts i:~~:droelectric Project would be willing to each take a
one-third ..:~~{~i~::~ 2.0:~::::~'~cent pa~icipation in the Interest Rate Exchange
Agree~:'~"A tran~~:.~nt was prepared in order to transfer a stated interest rate
per~{~ge under the {~~:~e Interest Rate Exchange Agreement for Roseville, Palo
Al~.~A'nd the Silicon ~11'~ Power to cover both Ukiah and Healdsburg's 3.7% share.
T~ is reasonable a~urance............ ..... the City of Ukiah is not at risk. It was fu~her noted many
U~. the larger NCPA?members make ~mpromises whi~ are against the interest of their
~SDmers.
· ..,.....:,:.:.:.:.:.:.:.:,:.:.:.:.:.:.:...
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...............
~~~;idwin authorizing the Mayor to execute an Interest Rate Exchange
Tra~'~f~'"Agreement with Palo Alto, Roseville and Silicon Valley Power relative to the
Hydroelectric Project operated by the No~hern California Power Agency, carried by the
following roll ~11 vote: AYES: Councilmembers Libby, Bal~in, and Mayor Mastin. NOES:
None. ABSENT: Councilmember Smith. ABSTAIN: None.
April 5, 2000
Page 11 of 15
NEW BUSINESS
8d. .Np_oroval of Lease with Ascot Aviation for 138 Sa_uare Feet of Office Space at
the Ukiah Regional Airport
Assistant Manager Fled reported staff recommends City Council approve the Ascot
Aviation Lease for 138 square feet of office space at the Ukiah Regional Airport and
authorize City Manager to execute agreements. Ascot Aviation is a Redding based air
charter company and is prepared to commence a six-month trial period of scheduled
passenger light service beginning in the month of April.
MIS LibbylAshiku approving Lease with ASCOT Aviation for 13:...8.
space at the Ukiah Regional Airport and authorizing the
agreements, carried by the following roll call vote: AYES~.!.~:punci
Ashiku, and Mayor Mastin. NOES' None. ABSENT~?~i~'~'ncilm
· .~::~:?:~i~?' ..::!!ii
:::::::::::::' ..:.:.:.:.:.:.~,.
.-.,.-...,... ~.;.:.:.:.:.:.:.-
:.:.:.:.:-:-:. ..:,:.:.:.:.. ·
..:.:.:.:.:,:.: ..::::::::::.-
NEW BUSINESS
8e. I.
ii.
III.
Enhancement Project
Ap_Drove Proposed Park:
of office
to execute
Libby, Baldwin,
th. ABSTAI.~;,,.:
.::i:i:!:!::
,,::::::::~'
Assistant City Manger Fled presented a~ items and noted
staff recommends City Council approve.::~proj ......... gust 18, 1999, the City
Council directed staff to apply for .~A fundi~ Transportation Corridor
Enhancement Project. This prgje.~?involv.e.'."~?'a varie.'..'~:~:~f' landscap,e, a,,nd street scape
improvements on State Street :~.i.!~e ar~ii::~urroun.~g Parking Lot C located directly
behind the Library. The C...:ii~?Coun~iii. ii~electe.d..i.i.i;{he Major Transportation Corridor
Enhancement Project and~..ini~i~i~cemb~iii~i~9.9:~:~i~::'City was notified by MCOG that the
project ha..d, iii~en funded~i~!i~!ii~um of $~iii~ii~?:i~j:~ February 2000, the MCOG Executive
OirectQ~i!~i!iii~w co~{~iiii~...ta, ff an~::ii!i~i~'~d that perhaps additional funding would
becom(~?:~i~i~:.whic~::!iii~i~iii~llow the City to double the size and/or scope of the
proposed ":'~i~iiiiiii~iii~:~he '~i~iiii~..o..pe is currently in terms of funding, $503,000
in corpora ti ng..: ~i~ii~::m a t C~i!iiiiiiii iiiiiii iiiiiiiii ? ....
City M:~er Ho"""?r~ii~iiii~i~...d any engineering costs incurred by staff would not be
reim~ed because t~ii~i~0uld be accomplished before the time arrives to complete
re!~rsable costs. S~: ~{ed there is a matching percentage which has been reduced,
b~.~iuse the City uti!.~d.........., the LAPSED-T versus the MCOG funding.
======================== ..:.:.:.:.:..
~iii~!iad acknowJ~d Nancy Roca, who is affiliated with the Shade Brigade, and others
~ii?i!i~i~iiii~~!iii~i~:~d involvement in making the Downtown and State Street corridors
a:~~i~!ii~'Pealing to the public. He noted it is staffs recommendation for City Council
to ap~'e what the State of California calls a "blank resolution" granting blanket authority
to the City Manager to execute right-of-way certificates and other project documents.
These types of ordinances are recommended as part of the streamline procedure provided
by Caltrans which allows for a quick turn-around approval and passage of various
documents relevant to programs incorporating such grant funding as LAPSED-T.
April 5, 2000
Page 12 of 15
Councilmember Baldwin stated he did not review the proposed map plans for State
Street.
Mr. Flad replied in the initial grant application which was provided to Council in September
1999, there were some preliminary design plans wherein staff has since formulated the
formal design plan. It was noted the plan includes approximately 200 deciduous/
evergreen trees to be added to the already existing State Street trees for a grand total of
approximately 300 trees. The project would include recycle and trash bins as well as
benches for the public.
.... ~i?:~ ....
,.::::.-:::::::::-'
.,;:::::::::::::o'
Councilmember Baldwin inquired whether the community can..~::as.s.~d this project
does not preclude or create difficulty with the possibili..t:.~::of inst..aiii~iii~i!~'re underground
utilities on State Street ....
Staff noted there should be no problems associated.~i!h
utilities, though there may be tree rootdevelopment E~blems ......... as~s~i~ii!ii~' the
sidewalks along State Street. ~::iiiiiiiiiiiii?iiiiiiiiiiiiiii~?~!i~iiiii::il .... ~:~..'.:~:~ ........
M .... ' ........ ~::i~::~-'::~::i?-~i:~i~::~ ~!::~::~i!i::~:: i ??: ~ .........
IS Baldw~nlL~bby approwng Parking Lot C La~t 'E!.'aD~::~[r..,~ed by the following roll
call vote: AYES: Councilmembers Libby, galdW:i~:: Ash'i::~iiii~!ii~¥or Mastin. NOES:
None. ABSENT: Councilmember Smith. AB.S~i:.:;..None.
Councilmember Baldwin supported that the planting plan
be based upon the assumption State ..~et util:i~ii~,~::~i~ili~i?~dergrounded whereupon
the tree planting project takes this ~tter int~ii~onsid~i~'
MIS Baldwin/Ashiku adopting.:~iutio.n.'!iii~::~. 200~, granting blanket authorization to
the City Manager to exe~.ut~iiii~ight-o~y:....~:9~i~ates and other project documents,
carried by..:~:.following .r...~!!ii~i!iii~ote: A~i!~~ilmembers Libby, Baldwin, Ashiku, and
Mayor M~i~?~iliNOES:~::i!~iiii?~i~BSEN~?~i!~::~ilmember Smith. ABSTAIN:
...... i~i~i!~i~iii!~!i!~!~ .... ============================================================================
NEW ==================================================================================
"::!:i:i:i:i:i:i:i:i:i:!:i:!:!:i:i:i:i:i:i:i:!:!:!::.
sr. oi:" iiion to Federa Emergency .n. ement A en y
P .u.....~i!~iiiA'-i!i!i~~:i!..t....:n.. s u r~ e Proposal
City M.~:~er Horsl'~i~~~::.ended Council approve preparation of letters of opposition
to F....:~i~ral Emergen'~iliiiiii~gement Agency (FEMA) Public Assistance Insurance
Pro~'sal...:..~..~::..:~:~.: The new i.~i::~'nce:::::::::: rules as proposed by FEMA is a method for reducing
federal costs/expendi~.t..~i-es regarding disaster funds wherein the target is publicly-owned
~ :::""::::~:i::"::i:>n s .......... :..
~!:~qi!:.. g · FEMA .w....~i'd require every public building be insured for all hazards before a
:::::::::::::::::::::::::::::: r
~;sa~.te... Shou.l.,d...i~i~" agency insure a particular building and the building is destroyed or
~~iiilb~iii~ili~:~ard that has not been included under that particular insurance policy,
t~!.~~i~id not provide any public assistance funds for the building's repair and/or
repl~i'~'~ent.
Rick Paige, General Manager for Mendocino Emergency Services Authority (MESA)
drew attention to a document from the Governor's Office of Emergency Service (OES)
regarding OES comments on the proposed FEMA ~nsurance rule. He advocated that staff
April 5, 2000
Page 13 of 15
be given the authority to write letters to CBS and FEMA, as well as to participate in a letter
being sent from Redwood Empire Municipal Insurance Fund (REMIF) in opposition to the
new FEMA proposal. He noted REMIF has informed its pooled cities that if such cities
were able to purchase increased coverage for earthquake insurance, it would cost a
minimum additional premium of 60% over what is currently being paid, and this would only
cover about half of the asset values. He indicated if the City were required to go with the
coverage levels recommend by FEMA, each citizen would be taxed for the additional
coverage over and above what is currently paid.
MIS Baldwin/Ashiku approving preparation of letters of opposition .to Fede~i?Emergency
Management Agency Public Assistance Insurance Proposal, car~i~..by~?:~:"following roll
call vote: AYES: Councilmembers Libby, Baldwin; A~.'..Au, an~iiii~~Martin. NOES:
None. ABSENT: Council member Smith. ABSTAIN;:iii~.
g. Set Date and Time for Lonc~ Term Goals ~.Pr,o.~i~ts
City Manager Horsey reported the ~orkshop would'light'ate approximat~i~iii~::~: hours.
h · ":':':1:':':-:-:-:-:-:-:-'-:':-:':':-:-:-:-:-:-. . .
S e further reported the workshop ~s part of the strateg!~!i~!~iii~..o..nt~nuabon and staff would
participate in the developmental concepts for
It was the colrlsensus of the Council to mee..tlii~ii~'p....ril 26, ~!ii~iiii~'30 p.m. to conduct
a Long Term Goals and Projects Worksh~iiiiiii!!iii?iiiiiiiiii!iiiii?iii~iii?:~ .... :~::!i:ii~iii? ....
h. Uraency Item ..?:!i? .... .,?:':' "::~:'*::iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii?~''
City Attorney Rapport drew att~i~on to..::~ii?j3ropo~!iii!i~:{er directed to the Board of
Directors, aendocino County.::ii~ian ~i~r Flood.?~i~ontrol and Water Conservation
Improvement District (Water Di.~t) in re~'nse to .~?action taken by them on March 27,
2000 regarding the Son..o..~m~ii~ounty .~:..e....r....A..g~y (SCWA) Contract. He stated the
SCWA an...d.::ii~be Water D..j.~ii6ad an a~~{i::~hich was negotiated and approved by
both ag:~i~iiLa..pproxi~i~ii~ven y(~'*~ii!~"'wherein currently the Water District does
not int~::~iiii~!!!~Atend '"{~iiiii~A contract. He further noted the original Contract
negotiatio~i~i.!~:.S...:.t!y an'~ii~ii~.~..e associated environmental studies required to be
completed pri~!i~!i~.'.o..::val b~ii~ii~;9 Board. Presently, SCWA intends to withdraw its
petition t~i~ili~iiii~.i.i~!~' ao~::~ai:?~eeking approval of a one year contract extension.
Under ..t...~;~terms of't~ii?~...'.:'~ent, Sonoma County would sell up to 13,000 acre feet of
surpl. U~::Water, as ne~i~i~i!::~he Water District should the demand for water within the
.,::::::::::~ :::::::::::: :::::::::::::::::::::::::
W~'*District exceed t~"8."iO00 acre foot entitlement under the Water District water permit
a~r any other wate~ii~:ights that users have within the Water District. He further stated
~iiii~:ity has its own.~i~*ar-around permit to appropriate water from the Russian River and
~!i~rted ther..e..~::'times during the year when there may not be any water in the River
~ii~a..?~..w.:.~?:i~'tored in Lake Mendocino and released for this purpose, accordingly.
~!ii:i~!ii{~i:~:i:i~::~'ney supports the belief that the contract and/or agreement should be
ext&'~:::fSr one year, because it is not possible to determine how and when surplus water
would be available for purchase under the SCWA Contract. He recommended the
approval of the aforementioned letter directed to Water District on City letterhead.
April 5, 2000
Page 14 of 15
MIS AshikulBaldwin approving the Mayor to execute a Letter to the Board of Directors,
Mendocino County Russian River Flood Control and Water Conservation Improvement
District, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin,
Ashiku, and Mayor Martin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
9. COUNCIL REPORTS
Councilmember Libby referred to correspondence from MCOG regarding the issue of
formulating a County Wide Transportation Expenditure Plan urging the .0.~cessity for
incorporating a steering committee to be represented by the vad..ous jud~i;~tions. She
noted the aforementioned issue has been placed on hold since.~!~.r.e..:~!ii!~0me question
whether the Governor would authorize SCA3 funding...:;~ue to .~!iii~{i~g surplus. She
further noted the MCOG Bylaws were reviewed and ap~iate ~~!~e made to t~
Councilmember Baldwin stated he recently att~.e....d..,t:~?Russian
Council meeting wherein he reported on variouS~iiiii~~!il.'.discussed to ir~~'"'the 8th
Annual Russian River Clean-Up Day, finalization o{:i~iii~?~iA,haring agreement with the
State of California relative to the Memorandum of U~.~:~:~~iii~!igussian River watershed
issues, and the proposed utilization of live pla'~'s for ":~i~ii!ii~i::?:::~tributary creek bank
protection. ....::::~?:iiii::iiiii::ii::i::~ ....
Councilmember Ashiku reported on..:~i~iii::~;:ii'g'~i~ii!i~ti~:a F~:~sponsored flight safety
program.
Mayor Martin reported on Senat~i~ace's~i::~:cent me~ing with rural areas regarding his
tax plan, which would virtual!.~iiii~ii~inateiii~les tax~.!~t of land use planning in order to
return money to cities. H~:el~rated ~i.f..!...C..~:!!::~i~i~ the proposed tax plan's issues and
the variou..s.!iii'r......easons wh~iii~ilt.:..i.~i:'should i~~iiii~:i'~S plan. He also reported briefly on the
Hate C.[i~iiii~i[~s Inci~iii~.. Force':~:'~{i~' he recently attended.
.... ~:?:i::~::i::~?:~::~::~?:~::!i!::i::~::!::~::::~::i[::i::! .... ' "::~?:::iii?:::i::?:?:::i?:?:?:::i?:i::::[::::i::ii::i?:i::~ .....
City Manag~!iii~i~y rep~:~iiiii~i~e will be another Homeless Shelter meeting on
Monday, ~ijiiiii~i~iiii~iiiii!ii?:She ~!ii~?reported she met with Ukiah Solid Waste to begin
discussi~negoti~!~iiii~iii~.b..e single stream recycling toters to be effective when the
Tran.:~ii~:"Station is o~ii~!i::i She commented that a lawsuit has been filed regarding
the::iii~fansfer Station. ~ii:i:iii? ''::~::ii~?
....,,-...
.,........
:.:.:.:,:.;.:.:.
.:.:.:.:.:.:.:.:.:
..:.:,:.:.:.:.:.:.: .::::::::::'
..:-:.:.:.:,:.:.:.:. ,::::::::::'
lii~ii~iiii!iiii!~i: CLOSED SE~ION
==============================
......
Th~::ii::~i:~'g no further business, the meeting was adjourned at 10:23 p.m.
Catherine L. Elawadly, Recording Secretary
April 5, 2000
Page 15 of 15
MEMORANDUM
DATE: June 1,2000
TO:
Ukiah City Councilmembers
FROM: Mayor Mastin
SUBJECT: Discussion of City Council Meeting Minutes
At the May 3, 2000 City Council meeting, the Council was asked to approve a
lengthy set of partially verbatim minutes. After inquiring of our City Clerk
regarding the length of time necessary to produce the minutes, it became a
concern of mine that her time was not being well spent. I expressed my desire to
agendize, for further discussion at the Council level, the issue of minutes. I feel
that it is timely to revisit this issue due to the upcoming budget hearings and the
possible need to budget additional funds depending on the direction of the
Council.
300 SI~tVtI~¥AVE., UKIAH, CA 95482-5400
· ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274
· FAX # 707/463-6204 · EMAIL: ukiahcty®jps.net ·
June 7tht, 2000
Ukiah City Council members
300 Seminary Avenue
Ukiah, Ca. 95482
Dear Fellow Council members:
The purpose of this letter is to express as politely as possible under these
unfortunate circumstances my opposition to Jim Mastins' comments regarding "meeting
minutes" at the May 3rd COunCil meeting. I notified Candice immediately following the
May 3rd meeting I would participate in this agenda item. My position is council members
should not be taken to the "woodshed" for doing a thorough job.
Jim has requested agendizing for the 2nd time in the last 6 months discussion of
deleting occasional verbatim minutes fi.om council meetings. I disagree with his stated
intentions taken fi.om the may 3rd meeting; the philosophy his comments imply, question
his true motives, and worry he may be "politicking" over some very serious constitutional
issues.
Issues at stake are an open government, and accountability to the public of
ourselves as elected public officials. We are not on pulpits and should not be doing this.
We should not be toying with these issues to gain political points. Jims comments are in
essence suggesting we distance government fi.om the people, and make our actions and
comments more difficult and eventually impossible for the public to track. I will not
support that.
Jims decision to spend council time and money re-agendizing this issue came
after he found himself a central figure in the section of the minutes that were written
verbatim and approved at the may 3rd meeting.
Taken fi.om the meeting minutes, Jim stated "the minutes could be completed in
surmnm3/form, with the tapes being made part of the minutes and available for review".
State law requires tapes be kept for a period of only 4 months. We have many
issues before us today that do not have an adequate historical record. An example is a
history of the franchise fee could not be provided upon my request. There are several
'We Are Here To Serve"
instances involving past councils that are difficult to research for accountability because
of"watered down" minutes. I oppose further infringement on the publics right to public
information.
The only true historical record of what takes place at a council meeting are the
minutes. An elected city clerk takes those minutes and is paid a significant salary from
the taxpayers to complete her duties. It seems to me our duties would be better placed in
seeing that minutes are accurate and that they properly reflect the flavor of the council's
actions, not politicizing the time and money involved to do the minutes.
Jim has asked staffto take time to prepare a cost analysis of court reporters pay.
This might make for impressive figures to display; however we do not need a court
reporter and would need one only in the event we are without a clerk. It has not been
stated our Clerk cannot do the minutes in a timely manner. If that were the case I do not
believe the solution is to hire a court reporter.
Furthermore, we often have very full agendas. It seems a waste of time and
taxpayer money to hold a meeting to compare X # of pages verses X # of pages.
At a recent council meeting, we discussed and settled the issue of how to handle
the minutes. That meeting and this meeting was called as a result of a council member
(myself) requesting that a sensitive agenda item be written verbatim and saved for future
reference. The previous issue had to do with the utility hearings where some interesting
testimony and comments where made that I felt, considering the cities history with the
utilities should be preserved. The current issue is about Clara Street traffic and those who
have provided the council and the press with information for several years. Information
that may have been inaccurate with ultimate goals possibly being more than traffic
calming. Additionally the meeting involved Jim in a manner that I felt was not
appropriate. All in all the Clara street issue has been a very costly item for this council. I
was attempting to put an end to a 6 yearlong issue that needs to end.
The 2 people referred to above are known to be very good friends of the mayor
and have other insider ties. A bigger question than if we should "water down" minutes
are if the mayor should consider excusing himself from Clara street issues.
During my tenure on the council, I have requested only 2 items be written
verbatim. On both occasions it resulted in an attempt to bring the "minutes issue" before
the council on the chance they could be ''watered down". To my knowledge, no council
member has suggested or would suggest all minutes be verbatim, which amplifies Jim's
costly requirements of staff to prepare for this meeting. Verbatim is only asked for on the
rare occasions when a responsible counsel member feels the need to retain information.
I will resist a return to "good ole boy" government. I will oppose any efforts to
hide public information from the public. I will resist attempts to do away with the rights
of individual council members to request council discussions be detailed at their
discretion. I will strenuously oppose further efforts to erode public access to government
business.
I hope we can come to a decision tonight that is proper and just and that puts an
end to the politicizing of the minutes. Thank You.
Very Truly Yours,
Kathy Libby
Ukiah City Council member
MEMORANDUM
DATE: June 1, 2000
TO:
Ukiah City Councilmembers
FROM:
Candace Horsley, City Manager
SUBJECT: Court Reporter Charges
We have substantiated that the cost for a court reporter is as follows: $150 for four
hours of his/her time and then $4.50 per page for the type-written, verbatim minutes of
the meeting.
96
south the Ukiah Convalescent Hospital. The property owner at the new location has given
MTA approval for the installation of a bus stop in front of their building. He requested that
the 1349 South Dora location be withdrawn from the Resolution. The alternative location
will be submitted to the Traffic Engineering Committee for review and approval.
MIS Smith/Libby adopting Resolution 2000-11, as modified, extending the length of "No
Parking/Bus Loading Zones" at 13 locations within the City of Ukiah; carried by the
following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin.
NOES: None. ABSENT: Counciimember Ashiku. ABSTAIN: None.
UNFINISHED BUSINESS
9c. Discussion Concerning Procedure for Amending Minutes
City Manager Horsley advised that Councilmember Libby had requested that this matter
be agendized.
Councilmember Libby advised that the issue of amending Council minutes has been
agendized at her request because there was a question at the last meeting if the issue was
properly agendized in the first place, and if legitimate discussion occurred on the matter.
In her opinion, the issue are the integrity of the minutes. Corrections occur for various
different reasons. The City Clerk may have erred on a matter of significance, or a
Councilmember may point out that the Clerk has left information out that a particular
Councilmember deems important. The City Clerk noted in her summary, past procedures
of this Council and other Councils. If it is necessary to prioritize, she believes we need to
have accuracy over expedience. She wanted it noted for the record that her request that
the minute corrections come back to the Council for approval, was her reaction to having
to wait for requested corrections to be completed so she can review them. As reported by
the Ukiah Daily Journal a couple weeks ago, the issues over accurate minutes came about
over several meetings on the utilities. The issue over whether to give the public back $3
million in excess reserves, or to keep the reserves, seems to be the catalyst for this
debate. That resulted in her request to see these changes so Council could be assured
they were being completed correctly. Whoever reads the changes, be it tomorrow, or ten
years from now, needs to know the meaning of the changes. That means the context must
be maintained. There is no reason to resubmit the entire minutes in order to maintain the
context of changes. She can approve the minute correction format as long as it continues
to be done in a timely manner and as long as it's done in an accurate manner with regards
for those who may read them in the future, as this weeks changes did. When she speaks
of context, she means to have the change in a completed sentence and keep the format.
Mayor Mastin explained that the completed minutes, once they are amended and
approved at the Council level, are then corrected and entered into bound books. This
would allow a person to be able to review a completed set of the corrected minutes. He
inquired if Councilmember Libby is asking that the corrections be submitted in complete
sentences rather than phrases.
Councilmember Libby advised she is requesting that the corrections be submitted in the
form of the entire sentence in order to see the context of the correction.
September 1, 1999
Page 4 of 23
Mayor Mastin referred to the next to last paragraph on page 2 of the Staff Report which
suggests that Councilmembers submit written corrections to the Clerk at ~.he Council
meeting when they have corrections. He inquired if Councilmember Libby finds this
appropriate.
Councilmember Libby felt that Councilmembers should not have to go back and write
their correction to the minutes, especially for minor corrections. She advised that she
feels very comfortable stating the correction at the meeting, unless it is something in detail.
Councilmember Smith questioned Councilmember Libby on the process for returning
corrected minutes to Council for review.
Councilmember Libby advised that she is perfectly fine with having the corrections come
back to Council in the same way that Council currently receives them. She would like the
corrections presented in the form of a complete sentence or paragraph.
Councilmember Baldwin advised that he would be happy either way.
City Clerk Ulvila advised that one situation she did not discuss in detail in her report was
when a Councilmember directs the City Clerk to listen to the tape recording in order to
make a correction to the minutes. In this type of situation, the correction is left to the City's
Clerk's discretion as far as interpretation of what transpired at the meeting. The one
instance that Councilmember Libby referenced related to the minutes concerning the
utilities, was an example of this type of situation. The City Clerk's interpreted from the tape
recording did not correspond to what Councilmember Libby wanted stated in the minutes.
She requested that if a Councilmember has a concern about the minutes, that they contact
her and she will make the tapes available for their listening.
City Manager Horsley summarized the matter by stating that amendments to the minutes
will be presented in the context of the entire sentence in the paragraph so that when
Council rereads it, they can fully understand what was said. She noted that anytime a
Councilmember would like a copy of the minutes, the City Clerk is more than happy to
make them available.
97
6:45 p.m. - Councilmember Ashiku arrived at the meeting.
UNFINISHED BUSINESS
9a. Adoption of Resolution Authorizing 1999-2000 Grant Funding for Community
Based, Non-Profit Organizations
Councilmember Smith recused himself from the matter because his employer, Ukiah
Valley Association for Habilitation, is one of the applicants.
Mayor Mastin recused himself from the matter because of a potential conflict of interest
with his association with Plowshares, an applicant. He turned the gavel over to Vice
Mayor Ashiku to conduct the meeting.
6:47 p.m. - Mayor Mastin and Councilmember Smith removed themselves from the dias.
Vice Mayor Ashiku presided over the meeting.
September 1, 1999
Page 5 of 23
AGENDA
SUMMARY
ITEM NO. 1 ]. a
DATE: June 7, 2000
REPORT
SUBJECT: APPEAL OF CITY MANAGER'S DECISION TO DENY TAXI CAB
PERMIT
Mr. Thomas C. Cash, aka Taxi Guy, has requested an appeal hearing before the City
Council in regards to the City's decision not to renew his Vehicle for Hire Permit.
History
Mr. Cash applied and received a Vehicle for Hire Permit from the Police Department in
May of 1999. In April of this year, he applied to renew his Permit, which was
subsequently denied by the Police Department due to a conviction of a felony act.
Ukiah City Code Section 2533.1 requires the denial of an application if the applicant
has been convicted within five years of the date of application of a crime involving
violence or the threatened use of violence or dishonesty. Mr. Cash had received his
original Vehicle for Hire Permit in 1999 in error from the Police Department and upon
this discovery the Department denied the renewal request.
(Continued on Page 2)
RECOMMENDED ACTION: City Council consider appeal of Thomas C. Cash, aka Taxi
Guy, regarding City Manager's denial of Vehicle for Hire Permit.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. N/A
Citizen Advised:
Requested by:
Prepared by:
Attachments:
Thomas C. Cash
Thomas C. Cash
Candace Horsley, City Manager
1. Ukiah City Code Sections involving vehicle permits and
license required, application, and issuance
2. City Manager's letter of denial, dated May 12, 2000
3. Police Chief's letter of denial, dated May 1,2000
4. Mr. Cash's letter of May 17, 2000, requesting an appeal
b~ef~ore the City Council
Candace Horsley, Cit~ Manager
APPROVED:
4/Can. ASRTaxi.600
Mr. Cash requested an appeal to the City Manager, which was held on May 4, 2000.
Mr. Cash stated at the hearing that he had filled out the application correctly, including
the information regarding his conviction in 1996, and had relied on the approval of the
Permit in 1999 to purchase a vehicle for his taxi cab business. The denial of the
renewal would create a financial hardship for him. Mr. Cash's attorney also discussed
the issue of Estoppel.
The City Manager considered all of the issues and, though a difficult decision
considering Mr. Cash's financial responsibilities, the decision was made to deny the
application to renew the Permit. This was based mainly on the fact that members of the
public rely on the Permits issued by the City when they get into a taxi cab and therefore
the public has the right to believe that the owner and driver of the cab have no
convictions of violence or threatened use of violence on their record. Whether or not a
public official made a mistake, the public should not have to live with the consequences
if public safety is in question.
The letter of denial was sent to Mr. Cash on May 12, and he has subsequently
requested an appeal to the City Council as prescribed by Ukiah City Code. Mr. Cash
has been informed of the appeal, which is scheduled before the City Council on June 7,
and he and his attorney will be attendance at the meeting.
Hearing
At the hearing, the City Council should consider any evidence or argument presented
by Mr. Cash, the attachments to this staff report, and any additional information
provided by the City staff. Based on the information received at the hearing, the
Council can vote to uphold, reverse or modify the City Manager's decision.
§2530 §2531
ARTICLE 2.
CHAPTER 5
FOR HIRE MOTOR VEHICLES
VEHICLE PERMITS AND LICENSES REQUIRED;
APPLICATION AND ISSUANCE
SECTION:
§2530:
§2531:
§2532:
§2533:
§2534:
§2535:
Permit for Vehicle Required
Application and Fee Required
Contents of Application
Issuance or Denial of Permit
Appeals
Suspension and Revocation of Permit
§2530: PERMIT FOR VEHICLE REQUIRED: It shall be unlawful for any person, to
operate or cause to be operated any of the vehicles defined in Article 1 of this
Chapter within the City without first having obtained a permit in accordance with the
provisions of this Chapter, and without complying with the provisions in this Chapter. It
shall not constitute a violation of this Chapter for any person to operate without a permit
issued pursuant to this Chapter a passenger transportation service (other than a taxicab
service) that is not conducted exclusively within the City's corporate limits, if that vehicle
is licensed or permitted by the Public Utilities Commission or is exempt from licensure
under the provisions of Public Utilities Code section 5353 (b) - (f) and (h) - (m). (Ord.
395, §2.01, adopted 1947; amd. by Ord. 934, §1, adopted 1993)
§2531: APPLICATION AND FEE REQUIRED: Any person desiring to obtain the
permit required by §2530 of this Chapter shall make a written application
therefor to the Director of Public Safety accompanied by a fee established, from time to
time, by resolution of the City Council. (Ord. 395, §2.02, adopted 1947; amd. by Ord. 934,
§1, adopted 1993)
4/93
2057
§2533 §2533
B)
C.
Do
6. The Director of Public Safety has received information that the applicant or any
person with an ownership or financial interest in the applicant has engaged in
business practices which would pose a substantial risk of harm to the public, if
repeated in the operation of for hire vehicles, taxicabs or sightseeing automobiles.
Procedure, If Permit Denied: If the Director of Public Safety denies the application,
he or she shall state the grounds for denial and the evidence supporting the denial
in a written decision. The decision shall describe the applicant's right to appeal
under §2534. The Director of Public Safety shall personally deliver or mail by first
class mail to the address shown on the application the decision denying the
application. The decision shall be deemed delivered when personally delivered or
deposited in the United States mail.
Procedure If Permit Granted: If a permit is issued, the following'shall apply:
1. City Business License Required: The permit shall not issue and the applicant
shall not engage in the business described in the application, until he or she
obtains a Ukiah business license pursuant to Division 2, Chapter 1 of this Code
and pays the license tax imposed by said Chapter;
2. Form of Permit; Expiration: The permit shall be in a form prescribed by
resolution adopted, from time to time, by the City Council and for a term expiring
on the January 15 not sooner than six (6) months from the date of issuance at
which time the permit shall expire. The expiration date shall appear on the permit.
The permittee can renew the permit by filing an application in accordance with this
Section;
3. Procedure to Transfer Permit: The permit shall be issued exclusively to the
applicant and those having an ownership or financial interest in the applicant at
the time that the permit is issued. The permit may not be transferred or the
ownership or financial interests in the applicant change without the prior written
approval of the Director of Public Safety. To obtain approval for a change of
ownership or transfer of the permit the new owner or proposed transferee must file
an application in accordance with this Section.
4. Vehicle License Tags: At the same time that the Director of Public Safety issues
the permit he or she shall issue vehicle tags for each vehicle approved under the
permit. The tags shall be in a form and made of materials as the City Council may
prescribe by resolution adopted, from time to time. It is unlawful and constitutes a
violation of this Chapter to operate a vehicle for hire, taxicab or sightseeing vehicle
without a tag property affixed thereto as required by this subsection.
4/93
2O59
§2535 §2535
§2535' SUSPENSION AND REVOCATION OF PERMIT:
A.
Immediate Suspension: The Director of Public Safety may immediately suspend a
permit issued under this Chapter, whenever he or she determines that the
applicant cannot furnish satisfactory evidence of insurance as required by
subsection 2533A3, fails to provide an annual certificate that the vehicle included
on the permit has been inspected and approved by the Ukiah Police Department or
its designee, or has operated a permitted vehicle in a manner that does not
comply with safety requirements imposed by this Chapter or the California Vehicle
Code. Any suspension under this subsection shall take effect immediately upon its
issuance and shall remain in effect until the applicant provides such proof to the
Director of Public Safety.
1. Immediately upon its issuance, the Director of Public Safety shall personally
serve or mail by first class mail to the applicant a copy of the suspension decision
which shall be deemed served when personally delivered to the applicant or
deposited in the United States mail addressed to the applicant at his or her official
address on file with the Director of Public Safety. It shall be unlawful and
constitute a violation of this Chapter for any permittee to operate a vehicle
requiring a permit under this Chapter during any period of time when a permit
suspension is in effect.
2. A permittee may appeal a decision to suspend his or her permit in accordance
with the procedure contained in §2534.
Bo
Grounds for Suspension or Revocation: The Director of Public Safety may suspend
or revoke a permit for any of the following reasons:
1. Any misrepresentation or nondisclosure of a material fact by the applicant when
applying for a permit;
2. Any of the reasons for denying a permit as set forth in §2533;
3. Any violation of this Chapter or a condition imposed upon the issuance of a
permit under this Chapter; or
4. Any act in the operation of the business which poses a danger to the public
health, safety or welfare.
C.
Service of Notice: The Director of Public Safety shall provide a permittee notice of
his or her decision to suspend or revoke a permit under subsection B, including
the grounds therefor and the facts supporting the decision, by arranging for
4/93
2061
300 UKIAH, CA 95482-5400
· ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274
· FAX # 707/463-6204 ·
May 12, 2000
Thomas C. Cash
475 W. Church Street
Ukiah, Ca 95482
Dear Mr. Cash:
I have considered the points made on your behalf by your attomey, Jan Cole Wilson,
and by you at the May 4, 2000 hearing, appealing the City of Ukiah's decision not to
renew your taxi permit. I have also reviewed the case law (Baird vs. City of Fresno)
submitted by Ms. Wilson, with City Attomey David Rapport. - '
The first issue discussed was concerning the issue of estoppel. It was your point that
since you had relied on the issuance of a taxi permit in April 1999, and subsequently
invested in a taxicab and related equipment for the purpose of operating your own
taxicab business, not receiving a renewal of the permit would be of detriment to you,
and therefore the estoppel law would apply. Citing City of Long Beach v. Mansell
(1970) 3 Cal. 3d 462, 489 and Driscoll v. City of Los Angeles (1967) 67 Cal. 2d 297,
305, the court in Longshore v. County of Ventura (1979) 25 Cal. 3d 14 agreed that
estoppel can be asserted against the government, if the four basic elements of estoppel
are present and the im osition of an esto el would not "...defeat the effective
.o eration of a olic ado ted to rotect the ublic." In Baird, the court specifically
found that the pension board had discretion under the City ordinance to determine
whether the plaintiff's nine years of inactive duty counted toward his retirement benefit.
Unlike in this case or ~, counting those years did not violate a statue or
ordinance.
The City ordinance requiring the denial of an application where the applicant has been
convicted of a crime involving the use or threatened use of force or violence within five
years of the date of application was adopted to protect the public. The Director of
Public Safety is given no discretion under the City Code. If the applicant has the
conviction, the application must be denied. Members of the public rely on the permits
issued by the City when they get into a taxi cab which has been issued a permit. Based
on the City Code provision, the public has the right to believe that the owner and driver
of the cab have no such convictions on their record. Whether or not a public official
made a mistake, the public should not have to live with the consequences if public
Are Here To Serve"
JOHN WILLIAMS
Po/k~e Ch/ef
POLICE DE
POLICE
-'NT-- 300 SEMINARY AVE., UKIAH, CA 95482-5400 · FAX 707/462-6068
Thomas C. Cash
475 W. Church St.
Ukiah, CA 95482
Re: Denial of application to renew license
Dear Mr. Cash:
This letter will revise the letter previously sent to you on April 12, 2000. That prior letter
erroneously informed you that your Vehicle For Hire Permit was revoked. In fact, your
Vehicle For Hire Permit expired on May 10, 1999, and your Taxi Drivers Permit expired
on April 5, 2000.
Under Ukiah City Code Section 2533.D.2 you can renew your Vehicle For Hire Permit
by filing a new application with the Director of Public Safety. While you have not filed a
new written application, the Director has accepted your verbal request to renew the
license on April 12, 2000. He determined on that date, for the reasons stated in the
previous notice, to deny your application to renew the permit. Those reasons are:
o
Stabbing a customer on October 10, 1999, at the Ramada
Limited, located on Talmage Road (UPD Case # 99-3297);
and
,
Your conviction for violation of Penal Code Section 422
(threatening a crime with intent to terrorize) on October 24,
1995. UCC Section 2533.B.1 requires the denial of an
application, if the applicant has been convicted within 5 years
of the date of application of a crime involving violence or the
threatened use of violence or dishonesty.
You have sought to appeal the Director's decision pursuant to Ukiah City Code Section
2534. The procedure for appealing the revocation of a license or a decision denying a
license application is the same. However, you cannot operate a taxicab in the city limits,
unless the denial of your application is reversed on appeal.
The City Manager has scheduled a hearing on your appeal for May 4, 2000, at 2:00 p.m.
The hearing will be held at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah. You
may appear with a representative of you choice and present evidence or argument in
support of you appeal.
.~ rDO0
l,,~/-p,'O ' 0 c4