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HomeMy WebLinkAbout1998-09-16 PacketMINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, September 2, 1998 The Ukiah City Council met at a Regular Meeting on September 2, 1998, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. Staff present: Customer Service Supervisor Archibald, ;~lic Utilities Director Barnes, Finance Director Elton, Personnel Officer Harris~!ii~isk.M~ager/Budget Officer Harris, City Manager Horsley, Public Works Director.?:~h.e.'~:I City Attorney Rapport, Planning Director Sawyer, Senior Planner S~p, Ulvila. Councilmember Mastin led the Pledge of AllegianCe. ..~,~ili!?~ ........ ~:'::ii!iiiiiii!iiii!i!ii!i!iiiiiiiiiiiii!!iiii!i!iii!i?~!iiii!ii!i!iiiii~ .... 3. APPROVAL/CORRECTION OF MINUTES ':i::iii?iiiii?iiiii!iiiiiiiiiiiiiiiii!iiiiii?:~ a. Regular Meeting of August 5, 1998 .... ?:iiiiiii::?:~i!iiiiiii~ii~i~ii~i!iii!~ii!i!!~ili~ii~!ii~ .... MIS Mastin/Kelly to approve the minutes of the':~i~'gul'~iii!i~ii!~:..of August 5, 1998 as submitted, carried by the following roll call vote: ....A-~E$: Cou~i~ii~~rs Chavez Ashiku and Mastin. NOES: None. ABSTAIN;.::~i~~'i~:..mbers ":'~i!!~::"":":?:?:i~:~nd Mayor ' Malone'. ABSENT: None .... ~;iiiii~iiii!?:~:~:::::::::~::ii!ii!iiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ii?:!~ ...... b. Regular Meetinq of August:~!i~$:1 1998..~::ii~?:'' '::~iiiiii?!?!i!i!i!iiii!!iiiiiiiii!ii?~i!il;::!~ .... MIS Malone/Ashiku to approve.::~?minute~?:~3f the R.:~ular Meeting of August 19, 1998 ============================ ..::i:i:iii::" :':':':':' as submitted, carried by the fol!~!~' roll ~!iFvote: A..:.~S: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone:.. N~£S: Non~i~!i~i~ABST..A!~!: Councilmember Chavez. ABSENT: ========================== ........ ~!::!!iiii!iiiiiiiiiii?:i~::iiiiii!iii' ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Mayor Mal~iiii~i~...wed t~::~i~!~!l::~:p.....rocess. City M...a...~er H0'~i~iii~:ested that Items "n" and "o" be pulled from the Consent Cale9~ and heard ~~i~i She explained that at the time the agenda was prepared, it ~:' thought that =========================== Ite..:.~ .~::., Award of Contract to Parnum Paving, Inc. for East Perkins S.!i~t Reconstrucfiq~?'would be a standard bid award, however, after all bids were ~.:ed, it was dis~ered ....... ...... that the lowest bid was $81,504 over the amount reserved. ~i.i~ig..egard to .l.t.~:""o", Award of Bid to Ikon Office Solutions for a copying system, ~i~!i.!.ig~~i:ion has been received on the bid today. =================================================================================== C0~::~:~ of the Council was to hear Consent Calendar Items "n" and "o" separately. n= Award of Contract to Parnum Paving, Inc. for East Perkins Street Reconstruction, Spec. No. 98-11, in the Amount of $504,933 and Authorize Budget Amendment Transfer of $81,504 From the General Fund Reserve Regular Meeting - September 2, 1998 Page I (Fund 110) Director of Public Works Kennedy advised that two bids were received, and the lowest responsible bidder is Parnum Paving Co., Inc. with a total bid of $504,933, which is $114,661 over the Engineer's Estimate of $390,272. The work under this project involves the reconstruction of East Perkins Street from the west abutment of the US 101 over- crossing to the west line of Main Street, excluding a portion of Perkins Street between the railroad tracks. He explained the project, budget considerations, and noted major differences between the Engineer's Estimate and the two bids received were in the Traffic Control System and Type B Asphalt Concrete Pavement. He recommended utilizing General Fund money of $81,504 in the reserve fund to augment funds f...O.:~iii~'e project. City Manager Horsley explained that bids for the rec~tructi~i!i~ii~ard Avenue will be opened on September 8, 1998, and it is expected::i~¥":~:~e Iow~i!~i~i~j!.~ ..be above t~ Engineer's Estimate for that project as well. Public Utilities Director Barnes advised that the in a i~~!ii~g the sidewalk and the road and the project will not interf~i~i~..n, dergrounding '~"'~'~tilities on Perkins Street in the future ..... ?:iiiii~iiii~iiiiiiiiiiiiiiii!iiiiiiiiiliiiiiiiiiiiii~ .... Public Works Director Kennedy noted that .t.b:.e..~i~ndergi~i~!i~.:f...~::.utilities on Perkins Street will not undo the reconstruction of P~.~!~:i:i~et, .................. as ti~i!~i'ruction area is from curb to curb. He briefly discussed ........ ...a.~..s.. ~:? .... Finance .... Director E ton explained t. i "stafr . ii i ii -ming e the Genera Fund Reserve portion of the project w.i~iii!?~Gas T..~":"funds,.~i~::":':ihat the City use the Special Projects Fund to record the pa.~iii~ii~he pr~j~bt that ~ld be paid from the General Fund reserves. This is what Fund 2~"'~'epre~s ..... · .iiiiii::~iiii:::: :::::::::::::::::::::::::::::::::: ....... ounc,l~~:...er Kelly:~g~!~ed whe..'.t.'~ii~i!.~'.:"project would be eligible for SB45 funds. Public that, although the project would 'meet the qualificatio~!i~ii~..i, ng u~::~ii~~i~:: there would be approximately a two year waiting period for th.e..~~i!~i?~.'b.....e, com~ii~i~!i~i~ble. If the City were to complete the project now, reimburse~i~¥~:~i~iii~i~?~unds '~uld not be possible. He explained the project rating syste.~iii~..f6r funding U:~i~i~5 and noted that the cost of the project would most likely incr.~'e over the two ~i~i'ting period due to additional deterioration of the street and th..~il;~i!:i!~creased cost 0~iiiii~i:('erials. However, in the meantime, other projects could be s..~itted as candi.d...::~bs (for SB45 funding), such as work needed on Low Gap Road, ~. Street, Stat..e...~::::~i~:eet, and Talmage Road. If Council approves the reconstruction of ================================== t ":':':':':':':' E~E~'S.::..S reet.:.~; the project would be completed by November of this year. C § i ii :::'discuSsion followed concerning funding sources such as SB45, STIR, funds and when these funds would be available. Other topics of discussion included deterioration of Perkins Street over a two-year period and the increased cost of oil based products. The matter of widening Talmage Road was also discussed as being very critical and also costly to complete. Council discussed relying on General Fund monies to complete road projects that run over budget. So far this year, road projects have been Regular Meeting - September 2, 1998 Page 2 $120,000 over budget. City Manager Horsley noted that during the budget hearings there was discussion that, as Gas Tax Funds are reduced and as asphalt costs increase, a policy decision will need to be set by the City Council establishing a monetary spending limit for General Fund money that can be used for road projects. She noted that there has been discussion by the County relative to having a ballot measure for road projects for cities in the entire County because none of the cities are receiving enough Gas Tax Funds to maintain their roads. ..::!::.. ..:.:.:.:.:.:.~ ~,:.:.:.:.:.:.- ,.::::::::::::-' ..~::,. ,.:-:-:-:-:-:-' ·.:.:.:.:·:.:.' Public Works Director Kennedy briefly discussed the re..constru.~::~:.o.-~ii~ii~:~hard Avenue and noted that the bids will be opened on September 8~:~::i!~d will ~ili~i~a.ted at that time. He estimated that the project could run approximately.:~i~:i'~00 ov.'~!~~:based on t~~ quantities and prices submitted for the Perkins St~:~ projec.t.~iiiiii~i!i:.~ii~ :.3.0 which to award, or not to award, a bid. ~!i!iiii?~?~ii ...... ?:::i? ........ ~::?:!iii~?~iii!iiiiiii?~?~i!iiiiiiii!i!;i::ili?~i? .... Discussion followed concerning accumulating '~ii!ii~ii!~:..rnoney to pay""":~:~:"'the road projects. Options for repairing Orchard Avenue were:~~~, such as patching rather than paving at this time; applying for funds under.~:~45'~!~ii~nstruction of Orchard Avenue and not begin the project until fundin..~:.~r.....om sB'~!.~i!ili~iii~.'.e..i:ned; not making a decision on the Perkins Street project until t~ii~ii~r..:e recei~iiii~i::~e Orchard Avenue project, and then evaluating both projects..~i~ii~i~iiiiiii~, statu~i~sewer and water lines along Perkins Street were discussed a~!~as M/S Ashiku/Malone to award the.::i!i!~id to ~i~num P.~"t~:~'i Inc. for East Perkins Street Reconstruction, Spec. No. 9.8..~i?ii~iiiiii:'in th~iiiii~mount..~?$504,933 and Authorize Budget Amendment Transfer of $81 ,~!i::i~rom !:~i:i~ener...a.,!i~ii~nd Reserve (Fund 110)to Special Projects Fund 250 .... ?:::i::!~:: ii~!~?~!?:' City M:.~~?:~:Hors:~ii!i!~i~:.,s. sed P:~i~i~:~ Council with a list of future projects, a s s cci at'~i~iii~ii?~!i~an d fU~!~i~:.~ii~ .b..I e. Motion carri..e~i!i~i~ii~!.!owir~!i~iiiii::~all vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and~i~~i~i?i!N.OE~:'!~i::::~ouncilmember Mastin. ABSENT: None. ABSTAIN: ........... ":ii?!i!!ii::i!i~iii::i:.i::~i~i!::~i!i!i ..::!!!!i!i!!:" ':i:i:i:!:!:!:~:!:!:i:!:i:i:i:i:i:i:i:!::" ,.;.:.:.:.:.: .:.:.:.:.:.:.- o...?:ii~iiiii~ii? Award of Bidi~i~ii~o ':I'KON Office Solutions For Three-Year Rental of Canon .,~iiiiiii~iii::~i;i: NP6085 Copy!~g System .:i:!:!:!:!:!:!:i:!:!:i:. ,......... ~~tive Admini~i~ative ....... Assistant Yoast advised Council that after discussion with ~~..h..r. jft f.r...o..miii]~:~ Solutions, she learned that his bid was based on 90,000 copies per ~~ii~~ii~::~:"the average number of 55,000 per month which the copier analysis was b~ii~?~"was willing to make an adjustment to their bid for 55,000 copies per month at a cost of $0.0225 per copy for a 60 month rental. The monthly cost is $1,237. After reexaming all the bids, it was determined that Ikon Solutions' bid remains the lowest received. MIS MalonelAshiku to Authorize the City Manager to enter into an agreement with Ikon Regular Meeting - September 2, 1998 Page 3 Office Solutions for a 60-month rental of a Cannon NP6085 Copying System in the Amount of $0.0225 Per Copy, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS AshikulMalone to approve items a-m of the Consent Calendar as follows: a. Denied of Claim for Damages Received from Ukiah Ambulance Service and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Received Report of the Acquisition of Landfill Winterization and E.r..,~ion Control Services From The California Conservation Corps In An .~ouGti!ii~t to Exceed c. Received Notification Regarding Cleaning of An..a..'~ic D~~:i:~;ii..t. he Wastewater Treatment Plant for the Sum of $9,995; d. Received Notification Regarding the Award.~!i~i~id to aiosolids to the Redwood Landfill for the S~:.of $9,D.'~i .... ~::iiii~iiiii!!i!iiiiiiiiiiiiiiiiiiiiiiiiiii!!i!~?~!iiiiii? .... e. Rejected All Bids for Super Duty 4x2 Truck!~i!ii~r....e:'i!~:~epartment; '"':~!::!i!iliiiiiiiiiiii!ili!i!iiiii!i!i!!::~'''-'''~ .... f. Adopted Resolution 99-11 Waiving the ~~iiiilN..o. tification Req'~':i:'~ement for Establishing a County Facility in the City; g. Authorized the City Manager to Enter Into Cd~aci:~ii~!i~.e. dy/Jenks Consultants to Complete Design of Trickling Filter M..o..:.d.j..f.:.i. cation~::~::~ii~i~onal Pump for The h. Received Notification Regarding:~i~iii!i~~~?~iDf a 48:~ii~'?lt Motor Starter from Graybar Electric For The Sum .~?:i~6,31 i. Approved Notice of Completj~"for C~i~tru~ii~iiii~iii~nway and Taxiway Slurry Seal Project, California Aid~::t:"6?Airport~i::~:Project.:~::i:::::~EN_3_97_1 Specification No. 98-1; . :~::::ii iiiiiiiii?~i~ ~?~!i: .... ~!iiiiiiiiii~i::' ..::~::iiiiiii??' ' j. Received Notification o[i!iE~"ergen~epairs..:=G~nducted by Hart High Voltage in the k. AW~ Contra~ii~i~seed La~~!ili~"Erosion Control Contractors for Landfill I. R~~ii~.'.eport ~~ii~.urchase of Publication Services With The Ukiah Daily Jour~iii~ili~b.licati~ii~ii~onal Recreation Brochure; m. Rece!.~iiii~~::!~....R. ega'~ii~iii~:~Jrchase of Painting and Resurfacing Services for Th.e........~i!!i~i~tion carried'~::!~!!iiii~i?:i~011owing roll call vote: AYES' Councilmembers Chavez, As....~!~'u, Kelly, Mastin?.ili!~ha?Mayor Malone NOES: None. ABSTAIN' None. ABSENT: .,........ N~ ..... ...... .....:.:.:., ........... · ;;::::::::~' ..,...,.,.............. ............ ========================= ,:.:.:.:.:-: .,:.:.:.:,:.. :::::::::::::::::::::::::::..:.:.:.:.:.: ::::::::::::::::::::::::::::: ,...,-........ :::::::::::::::::::::::::::.:.:.: 6!?,ii!ii.~.'~.!i!.'~.'~.',.i.',.~.UDIE.N~Ei~COMMENTS ON NON-AGENDA ITEMS s. Hortense, advised that over two years ago both her and Barbara E~~i~;ared before the City Council during the Budget Hearings. At that time, the City Council assured the community that streetscaping was a priority for the gateway corridors of the City. It was her opinion that Council has not fulfilled their assurances regarding landscaping standards for major streets in the community. She recommended Council approach staff regarding streetscaping Perkins Street. Regular Meeting - September 2, 1998 Page 4 PUBLIC HEARING a. Consideration of a Resolution to Amend the General Plan Land Use Map to Redesignate 4 Parcels of Land Along North Oak ~treet from "C" (Commercial) to "LDR" (Low Density Residential), and Introduction of an Ordinance to Rezone the Parcels from "C1" (Light Commercial) to "RI" (Single Family Residential) Senior Planner Stump advised that the project is a General Plan Amendment/rezoning project which involves four parcels situated along the east side of North Oak Street between Henry Street and Gibson Creek. The project would change the Ger~.:~al Plan land use designation on the four parc, els,from "C" (Commercial) t~ii;.~LD~-~ii?~ili~ow Density Residential), and rezone them from Cl (Community C0.:.:....:mmerci.a...i~ili~=..~ii~i~i~i~i'' (Single Family Residential). On May 6, 1998, the City Council con .d..:~ a P~ii!~ii~=....~ing to con,s, ider rezoning the subject parcels, as well as a num~:="~f (Neighborhood Commercial). At that time, Council ~k parcels CN, but decided not to assign this zoning cl~.ificat[.e'."?~=i'0 th,,e f0'~ii~j~!~;~els and directed staff to initiate a General Plan Amendrr{~?i~.i.i:t~!~~ LDR land ~;~...~:... ~¥~'nation d rezon~ng to the R1 zoning class~ficabon. The Pla..:~9:gliii~omm~ss~on agreed on a 2-1 vote, with Council's direction that the rezoning waS.]iiii~i~~.~te for these parcels. He noted a letter was received from Redwood Legal A~'~ta~ii~~[13g the rezoning of the their property from "C1" to "RI". Mr. Woodlief.has. :=;=;voiced '=~i~ii~~tion to the rezoning of his property, noting it would impose an.=;=~ii~iii~...d, en on "~ii!~ii!!iiiiii~;~e Uendocino/Lake Medical Society were not opposed to the.r.:.:~¥~ii~iii~'p.....resse.d."ii~ncern that they would be able to continue operation of their b .u..~i~=~ss ati~i~ii~i~gi;;.i'¢iii;he rezoning is approved. Mr. Stump discussed legal non-con~ning .u..~=S, n~i~!~;.'-i~' may continue indefinitely, provided they do not cease to op......e:r.:.:~.{~ for a..~i~-montl~i~==~:'i'~d, and provided that they are 0 ":~;i:i:::~ ' ':'""::' not significantly increased in siz.e.:~ii~!~le, .~:I~itens~ty...S.:..Staff recommended approval of the project. .:~::~:iiiiiii~ii~ii!::!~:' ..:~i:::~iiiiiii~ili''' ..::i:i:!:!:i:'" Public He~:~ Opene:~:~::::~::~:.'.5. m :?????:?::::::::::::::::::::::: .... =================================== ::::::::::::::::::::::::::::::::::::::::::::::::::::: P · . :::::::::::::::::::::::::::::::::::: .... Rod C°'~i~iii~iiN~..o. rth ~i~i~i~.t:..~::felt that when it was proposed for his property to be rezoned t0':~::':i!~i~i!!iiiiiiiif!~::..was "~~i~..'-t.e because it reflected the consistency of the neighborho.o.....d..iii??iii~ii~i~..u:..sse~l"':::~i~ii~::~Pect of non-conforming uses whereby a business could be r...e.'~i~~i~i~~r...::.busi~ss at the same location, or the property cou!,d b,,e sold. He felt::.i.~ii~uld impo;:~i~iii~i~ hardship for him under the proposed zoning o,,f R,! since his ~!~erty is surrou~!iii~"several businesses. It was his opinion that a CN zoning claSSification would b~i~i~n(~e appropriate for the four parcels. =============================== .::i:i:i:!:: i:i~:Brackman,..::~' Grove ,Avenue, reminded Council that the reason this rezoning is ~.t..e......d is.......d.~i~,ii~i:5 Council s previous discussion of the neighborhood zoning. She ~~iiii~!~'~ing the quality of the neighborhood as residential and felt there is n~ii~i~iiii!~::~'~l with businesses having non-conforming uses. She reported that Mr. Woodlief may be considering selling his property to accommodate a bed and breakfast establishment, noting that the Sanford House does not affect it's neighborhood detrimentally. Regular Meeting - September 2, 1998 Page 5 Senior Planner Stump advised that a bed and breakfast establishment would be allowed in an "RI" zone with a Use Permit at the discretion of the Planning Commission. Sandra Molcilo, a real estate broker with REMAX in Hopland, and representing Mr. Woodlief, advised that Mr. Woodlief has no intention of making that property a bed and breakfast and, in fact, the two attorneys who purchased the property clearly intended the property to be used as law offices with the understanding that it is zoned "C1". They feel that down zoning from "C1" to "RI" is too drastic and felt that the new zoning would definitely change the value of their property. The attorneys are in favor ..... i:i~ " of......a.i~!~.~C N zoning designation. .;~..; .... ~;=-' Eric Lemon, 123 Clara Avenue, advised that when h~:~i~ught I"ii~i~~Ay 12 years ago, it was zoned "C2" and during the General Plan rezo..~i~:~::~)roces.s."."ii~ii~ii!~.'..z..pned to He reported that a recent appraisal of the ro ert -~ii~reased ~r i~i~i:::::?~!~'~I~:~ ..... alu ....:..~iiii?' P P Y...ii!i ............ i!:.:.::~.' ':~.~i!~!::~ ~!i::?" Public Hearing Closed: 7:26 p.m. ::~::~!~i~::?:~i~::~ ........ ~.': ..... ¢iht Attorney Repport discussed the "takin issue"-.;;~iii~i~:'.~l that as Ion. as Council g .... ~iiiiii ..... ?:i!:::....i.~:.:...i~::.i::.~...:.~ ............ g does not deprive a property owner of all economic~i!i:?~and ~!~i!~::..of their property, they would not be constitutionally precluded from c..b.~g:ing Discussion followed concerning property:.?:~i~i~::!i~'".'~ili~~.e..rcial a.~""residential properties, potential benefits of rezoning the fou[~iO~'Pertie...:~i::i~!i~iiiiiii~ii~nsistency---'"'"" '~" with zoning of .......... ..... MIS Kell¥/~estin to approve th~ili~ative:iii~i~clarati~i::~¢or General Plan Amendment and Rezoning Group ~o. 1 for p~!~"rties I:~'ted a!...o..~~ the east side of Uorth Oak Street between Smith Street on t~? s.:~ih and ~i~i~iG~ on the north; carried by the following roll call vo.t~iiiii~¥ES: Co.~iiii~mbers ~~~iii~i~hiku, Kelly, Mastin, and Mayor Malone. MrS Ashiku~~ii~i.a. dopt"~i~ ~-12 Amending the G~n,o, ral Plan Land Us~ Ma,p, to redesignat~ii~i!~~!?..o.f lan~i!!~i~:~ Uorth Oak Street from ¢ (Commercial)to I_DR (Low Den~i¢~:~:"~:~'~¥~ii~i~iiiii~rrie~::"by a voice vote of all ...... ...... ............. "-:::!::~::ii~i!::~i!i~!~!~i~?:~::~i~::~::~i~i!::!::!i .... ...... ............ ~/~::::~hiku/Mastin toi?~!~~ce by title only Ordinanc~ Amending the Official Zoning Map for...-iiii~e ......... ......... ........ City of Ukiah..~i~' r~one the 4 parcels of land along North Oak Street from "C1" c ' ...:.::7" ommerc~al)..t~, RI" (Single Family Residential), carried by the following roll call R~i~i~i~?:~§ecretery Ul¥ile read the ordinance by title only. MIS Ashiku/Kelly to introduce Ordinance, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - September 2, 1998 Page 6 7b. Consideration of a Resolution to Amend the General Plan Land Use Map to Redesignate 1 Parcel of Land Located at 140 Lure Avenue from "LDR" (Low Density Residential) to "C" (Commercial), and Introduction of An Ordinance to Rezone the Parcel From "RI" (Single Family Residential) to "CN" (Neighborhood Commercial). Senior Planner Stump advised that the project is a General Plan Amendment and Rezoning initiated by the property owner of 140 Lure Avenue. The owner of the property is proposing to change the General Plan land use designation from "LDR" (Low Density Residential) to "C" (Commercial), and rezone it from "RI" (Single Family ~sidential) to "CN" (Neighborhood Commercial). He reported that the prope~:..is d~'~ioped with a single family residence and an accessory structure used..in the p....~ii~.siii~i::i~ne-station hair salon home occupation. The owner of the property w~i~iiilike t~!~!i~!ii~he residence and hair salon separately, which would not comply with th~i~;::;; zoning.;ii~!~ii~:.s.., of requir[~~ an occupant of the residence to operate the accesso.~i;;!bnit as He advised that the General Plan, adopted in l~ili.~...e.~!!~.natedi~ the s~":~i~iiii~i~:~el~ as "HDR" (High Density Residential)which prompted a ~~iiii~i~:.z. oning to a "Ri';;""~'oning last year. He reported that the property is situated 140 f..e..~.~==~i~ii~:..S....ta,te Street and there are other commercial uses adjacent to or near the prop~, li';=~!i~i=;s.~::.o, pinion that both the Planning Commission and City Council acted a~;~..r.:.!ately i'"~ii~=.~ii~i~:designating a "R1" zoning for the property. Staff recommende~iiii~!~~.a.I of th~;'ii~!~;ii,,v,e Declaration but denial of the proposed property rezoning.::~i::ili~iiii~ii~~ili...u...sing t~!¢~:' CN zoning district as a buffer zone between residential and;ii~:~mer.~¥11i~iiiiii?~iiii~:-:~?..::i.:i¢ Gary Smith, 16 Betty Street,:~::¢~ prope~:'own~.r.::~?;140 Lure Street, advised that when they purchased the pro~iii~:' 1960, ~ili~h.e.¢~i::~'he back of the property was used for storage ..... ~ii~ii!i~i.:.9..95 they:~i~ii~iii~e hair ~i~i?!iiii~:""felt there is ample parking available for both th~.iiii~i~htJal u~i~!~ii~i!.-:custom~!'"""He noted the uses surrounding his property ouse residential use and the shop for commerciai'::~i~iiii~iiiS, ince t~!~i~ii~ii~t::reside on the property, it is not allowed. Councilm~["~::::::'"~i~iiii~i..scus~:~l contamination occurring on property in the vicinity M:~iii:i:i~mith advised t~i?c~'~tamination ..... was the result of a welding shop and an above g...:~d tank. The t.a'~k.:.:.:.:.:.: has been removed and the property cleaned up prior to their ~i~asing it. ,.:.:.:.:.:.:,:.. · Z:43 ..r.. Discussion between Council and staff followed concerning allowed uses in a "CN" zoning district and those requiring a Use Permit and it was noted that a beauty shop would be an allowed use in the "CN" zoning district. Parking requirements in the "CN" zone were discussed as well landscaping and other restrictions. The previous General Plan land use designation of "RI" for the neighborhood was discussed and how a "CN" zoning Regular Meeting - September 2, 1998 Page 7 classification could be a good transition between the nearby "C1" and "RI" neighborhoods. Senior Planner Stump advised that, should Council decide to approve the proposed zoning change to "CN", staff has provided a Resolution and Ordinance for Council's consideration so that the process would not be stalled. MIS Ashiku/Mastin to approve the Negative Declaration for General Plan Amendment and Rezoning Group No. 1 for property located at 140 Luce Avenue, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and ~yor Malone. NOES: None. ABSTAIN' None. ABSENT: None. ~:::~ ...... ~-"-:~ .... :::::::::::-. ^s i u Mas, n to a o,t Resolution ,an? Us.e Map to redesignate one parcel of land located at..~ii~i~:":Luce ~~iiii~.. LDR (L~ Density Residential)to "C" (Commercial), carried?:~'the foll.~'g "~i!iii~i!iiiii~.'.o..,t.e: ~~: Councilmembers Chavez, Ashiku, Kelly, Mastin,ii!~d ABSTAIN: None. ABSENT: None. MIS Ashiku/Mastin to introduce by title only Ordina..:~::i~~i~g...the Official ,Zoning Map for the City of Ukiah to rezone· the parcel Iocated~::~'. ..... 140'::~::~i~:....~ue..- ~:~--.. from 'RI" (S~n' le Family Res~denbal) to CN (Neighborhood C:.o..~.e...rc~al), c~!i.e..':~i~i~:, a vome vote of all Recording Secretary Ulvila read th.e..i;i~i~inan~i!::~i~iiiii~i~!iiii~iiii~ii::i..-:-. MIS AshikulMastin to introduce .~i~ance~ii!~rriedi! b~!i!i'~';'following roll call vote: AYES: Councilmembers Chavez, As~?;:'Kellyiiii!i~astin, ..~:d Mayor Malone NOES: None. ABSTAIN' None. ABSENT:.~i~i~e. .~ii~ii~ii~iiiiiiii ....... a. ~a~:..~i~!i!of Orai~~iii~mendin~"Division 1, Chapter 2, Article 2, Section 67 of t~ii~:iVEi~E:.~Citv C::~~arding Councilmembers Salarie~ City Manage~:=~~ii~dvise'~ii~~ matter is brought to Council under this section of the agenda~~~i~iii~iiy four'::~:'~bers of the Council were present at the previous .... !i::ii::?:!~~ .... . ......................................... i M/~i~!:~:astinlMalone t ........... ... Ordinance by Title Only, Amending Division 1, Chapter 2, A~i~ 2, Section 62 ~!i{he.......... Ukiah City Code Regarding Councilmember Salaries, carried ~iiiiiii~e following r0.!~!i~ii~ll vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, ~.ii.~Dyor Mal.0..:9~?NOES: None. ABSTAIN: None. ABSENT: None. City Park Staff Performing Landscape Maintenance for the County Regular Meeting - September 2, 1998 Page 8 City Manager Horsley advised that during the budget sessions, Council discussed various ways they could provide assistance to the County Library, in addition to the rent free land space now provided to the Library in the downtown area. One possible assistance mechanism suggested was to provide for free landscape maintenance to the Library which is now being charged through the County Buildings and Grounds Division. City Park Staff visited the site and determined it would cost approximately $8,112 annually, which includes 20 hours of labor per month at $19 per hour, irrigation materials and installation costs to convert the current manual water system to a clock times drip system and equipment costs. MIS Kelly/Malone approving City Park Staff to perform., landsca~ii?~.~i~iii~nance for the County Library, carried by the following roll call vote: ::~i::ii~M. ES: ~~i!~embers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: .~:~'. ABS~N~?~ii~be. ABSEN:..~!~ Public Works Director Kennedy discussed the ~i!~~::i~report submitte~'"to Council concerning the traffic calming devices installed on ?!~!i~~..and Ford Street. By the use of an overhead projector, he noted the IocafiBi~ o~;'":~i~ii~.t.m, ing devices in these residential areas. Speed Surveys were conduct~d~y.... Staff d'~i~!i~ii!~onth of July for the purpose of monitoring the continued effec.ti.~~iiii~f, the tr~iii~i~ing devices in the reduction of vehicle speeds. As recomm~::~i~!~iiiii~.'.a...ff's pr~i!~'US presentation to the City Council regarding these devices,:~i~icle ~~i!~i~!~?sured for each direction of travel in the vicinity of the devic;~::?:' He fo.f~ii~he i"~',i~ii~$re moro effective than the circular islands and, overall, the de..y.:i~i~s ha~ii~ontinu~:~:i:~:::';Iow traffic speeds since their Bill Morello., 11~ Marlen~::iiSt~t, advi~il§:~:..ih~!i~'ses Ford Street and Clara Avenue at times to a~i~?.Perkins.:~~iiiiiii)e has at sorn motorist using Ford Street do not sta~:::~~ii~ir m~i:~iii~iiiand thi~::~:h~i'"{~"'oncoming traffic. He inquired as to the cost to repair"i~?i~i~i~E.islan~i~~iiihgy are destroyed. Ho suggested installing a lamp post in the middi'~::::ii~i~ii~.a..rricad:~i~i}~iii~~, them moro visible. He felt that two speed bumps on Marlene .8...g~i~i!~i.i~~.ll be~~?:::~:i is such a short street. He noted that people drive fast thro......~?:-~"h:~::"::i~?~i!~~:..hou'~¥~g project on South Orchard Avenue and that speed hump~.:~i~buld be in~i~ii~i~iit:hat street as well. ...... ....·....... ............. D~:a Roberts, 781 ~n'~' Court, reported that there have boon four accidents involving t~iiiilgircular island o~i~?:Clara Avenue. She noted that Miller Driving School has been ~i.ng students .t...o..'iii~::~gotiate the islands in that area. She felt residents want drivers to he they are driving in a residential neighborhood. With the decreased ~~iiiiii~$111~'ic is moro acceptable. She felt that Clara is a wide street and not c3~~?,i~":;peed humps. She noted that neighbors water the plants in the islands at no cost to the City. Tom Greenaway, 309 Clara Avenue, advised that his residence is located near the corner of Hamilton and Clara Avenue. He discussed vehicles speeding on Clara Avenue between the railroad tracks and the traffic calming devices in both directions. He is opposed to Regular Meeting - September 2, 1998 Page 9 speed humps in that area because the ambulance uses this route to go to the hospital. 8d. Authorize the City Manager to Sign Contract with Salvation Army to Provide Professional Services for the City Low Income Assistance Program~ City Manager Horsley reported that on June 3, 1998 the City Council approved the establishment of City of Ukiah Low Income Emergency Assistance and Low Income Senior Citizen Assistance Programs. Funding from these programs are to be provided by the City of Ukiah through the Public Benefits Charge established by the Electric Deregulation Bill, AB 1890. The City's Billing and Collection staff has experienced an effective::~i~nd efficient .,::::.,:!:!.-.::.. working relationship with the Salvation Army staff that currently a...:~ini~ the REACH program. . Customer Service Supervisor Archibald advisediii!~{:::"Salvati~ii~ililbas agreed::~: provide Professional Services to determine if City.~{?:Okiah re~i~i~n'i~i!ii~iiii~i!~.i, ble f.o..~:ii~'e City funded programs. Through this contract for se~i~es, th.e..ii~i'{y woul~::ii~~!~'cial assistance to Iow income households within the Ci{~ii~iiUki~ who are dei:~i~::'by the Salvation Army to meet the eligibility criteria outlined:~ii~i~i!i!~idelines. The (~'~:'~'~ent Fiscal Year Electric Utility budget identifies $177,006 in th.e..::::i~i~~i.2..50 account providing for the expenditure of these funds through contractua."!!~:!i~'er~:i~iiiiiiiiiiiiiiiiii?~!~i!?~ .... Finance Director Elton estimated that f~i~iiiili~...o...:uld':'"~ ibe- iiii i-e for this program through the year 2002 or 2004 ..... MIS KellylAshiku to authorize the Ci.t:~ili~anag.e.:~i~i~ si'~i~!~iiii~essional Services contract to allow the Salvation Army to provi~:?~ligibili~::determ~i~i¥~'n for City funded Low Income Emergency Assistance and Se.~i!i~i~itizeniiii~i;w Inco.~ Assistance Programs, carried by the following roll call vote: ~~'i Cou~!.i~emb~i!i!~havez, Ashiku, Kelly, Mastin, and Mayor MalQne. NOES: .N. en~iii?:::~ABSTA.~i~iN~iii~i!~BSENT: None. City Ma~~i~..rsle~~ii~[~:..t. he fu~i~;uld not be entirely used every year so that continua{=i~iii~i~?:p..rogr~!i~iiai!~i~ntinue for several years as the funds accrue. a. Ap~~'J:':'~::i~~hip ~tween the City of Ukiah and Ukiah Unified School ..... ~:ii~trict for N~iii~~l at Montgomery Wards Site Cityi~iliM'anager Horsl~i~:~ted that Ukiah Unified School District Superintendent, Kim ..:.::i:i:!:!:: ::...::::: "::::::" L~n, made a pres.....~tat'ion to the City Council at the August 19, 1998 City Council ~iing, explaining~iii~.~e need for another elementary school in the Ukiah Valley. The ~.O. I District hasii?~hosen the Montgomery Wards building site on South State Street, ~~.r.:..,::th...e.p......[~y presents numerous challenges and the School District feels that the ~!i~iiii~ii~!i~:~et these challenges is to engage partners within the community for the d~:~!~~:~' and acquisition of the property. Ms. Logan will return to the Council at a future meeting to give more details on their progress and needs. It is requested that the Council approve the City's participation in the process to be a partner with the School District and the County of Mendocino in siting an elementary school at the Montgomery Ward site. Regular Meeting - September 2, 1998 Page 10 MIS Ashiku/Malone to approve partnership between the City of Ukiah and Ukiah Unified School District for new school at Montgomery Wards site, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN' None. ABSENT: None. 9b. Adopt Revision to Employer-Employee Relations Resolution No. 73-55 Section 12. "Decertification of Established Unit" Personnel Officer Melody Harris advised that a request has been made by one of the Employee Units to revise Section 12A. of the Employer-Employee Resolu[j~l~ No. 73-55 to change the specified time period for decertification of an es..t..Ablish...e..'~!iii~nit from the months of October or November of each year to the.. 60-da~iiiii~.~i?before start of negotiations for any individual Unit. This request, ~iii~ell a~ii!~ili~:.:....~:osed language amending the Resolution, was provided to all employ~ii!~:'~its an~;!:.~i~~i~e responseS: were received. ':~' City ~anager Horsley advised that the proposa~i~~ a better ti~~~::~or an Employee Unit to petition the City to de~di~. She ~i~?:~hat there is cur'~'~ntly a Unit requesting de~difi~tion and Operating Engineers b~~~.d they would not oppose the dece~ification request. -:~? "~::~~ .... MIS Ashiku/Malone approving Resolution N~~~endin~::~~ 12A. of Resolution No. 73-55 Governing Employer-Employeg::~~i~~~d by ~?~ollowing roll call vote: AYES: Councilmembers Chavez, Ashi~?:'Kelly,.:~)~~~r Malone. NOES: None. ABSTAIN: None. ABSENT: None..:?:~? .... ..::~?' 9c. AdOption of Resoluti~d~i:ablis~g City.~::Ukiah Billing Dispute Policy City Manager Horsley ad~ that,:~der }b~:~urrent Municipal Code, there are allowan~s..:[or adjusting in so~~B~~. Under Chapter 7, Adicle 3, Section 4034 of .~?~kiah Mu~i~!~.ode, ti{~~'ric Utility Customer Se~ice Policies", it discusS~:~:.~[Htio~::~:.~.~opte~:::::~:~:'"the City Council. However, the City Council never ad&'~~pluti0~?~~b, adjustments to bills for some situations are covered by other co~~~s, St~~i~nally experiences circumstances that require bill ===================================================== ======================================= adjustment~.::~~:~:~:~:~:~ered:~r these other sections. Under these situations, staff has directPrint:se c~[~~ll oui':::~nd submit a claim form which goes to the City Council ..... ~:~:~ ........ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... for rej~i .~:::::: ...................................... ..::~:~:~:~? ::::::::::::::::::::::::::::::::::::::::: .;::::::::::.- ::::::::::::::::::::::::::::::::::::: ====================== .:~:~:~:~:~: ....... :~:~:~:~:~: '<:::::: ' M~:~have~Ashiku t~dbpt Resolution No. 99-15 Establishing Policy and Procedure for ~~ting Utility Bil~.~arried by the following roll call vote: AYES' Councilmembers ~ez, Ashiku,..:K~lly, Mastin, and Mayor Malone. NOES: None. ABSTAIN' None. :.:,:.:-:,:,:.:.:.:.:.:.:.:.:.:.:,:,. . ..::~:~:~::::::: · ...... ~:~[~::~[~?:~::~::~?:~:=~:~ .......... 9d. Appointment of City Representative to Mendocino County Film Adviso~ Board City Manager Horsley advised that the Board of Supe~isors created a Film Adviso~ Board on August 11, 1998. The Board will be determining the basis for County-wide guidelines that can ultimately be made available to production companies through the Regular Meeting - September 2, 1998 Page 11 County Film Office and/or County Administration. The Board consists of 15 voting, and 4 non-voting members. The City of Ukiah designated representative would be a non- voting member. MIS Ashiku/Kelly to appoint Mayor Malone as the City's Representative to the Mendocino County Film Advisory Board, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. 9e. Al)Drove the Proposal to Modify the Traffic $iclnal at Ai!h:)ort ~'~;'Boulevarrl a~d Talmacje Road Intersection and Al:)l:)rov.-e Budcl~~i~dment in the Public Works Director Kennedy advised that the prp~'~"~'l is to ~ii~iiii~i!iP**.x. isting tra~ signal at Airport Park Boulevard and Talmage Road...~~ the pur..~:~ °'~':-"::~~!~i-..~:g. th.r....~h northbound traffic into the Lorraine Street neighbo::~.0d fr.o..~i~he A budget amendment in the amount of $2,500, i~iii~~:~"to fund the I~:~~' traffic signal modifications. He explained notification pro~~iii~a.ken and reported receiving three letters in favor and eight letters opposing the p..r....o..'~~?i~j.ficatio,n. He read a letter from a group of established businesses (Star D~i~ U~iiiiiiii~!:!er s Muffler, Triple S Tires, Rubio Electric) located on the Talmag~:~.,e...ad froni"~iiii~i?;~at the south end of Lorraine Street who expressed concern t~.t'i?~i~i~ii~.inesse~iii!~¥~ be affected by the proposed change because customers wo..~!~ili~i~~ii~i~:.f, rom ~ring the frontage road from Airport Park Boulevard. Howeve..r:...i::iii~:~'. Ken.~:~i~~iii..t.:~!::' entrance to the frontage road could be made by traveling eaS~i?~r west:i!~ Tai:;~?~ii~ad. William Morello, 119 Marlene S~i~ expr...~ed con~n that residents living on Marlene Street would need to get on th~ii~:~way i~ii~y wan..~;'to go to Wal-Mart. He also felt that the established businesses ~"the Tai~.e.' iE~i~~ frontage road would be hurt by the change .t.~ii~.interse:~i~iii~ it wo~i~iiii~iii~nvenient to the people residing in the Pete Passof?~i~i!i~rah C'~!iii~ght the proposal would be acceptable if it reduces northbound ~a_~!i~iii~aine ~~?~::" However, he felt the change would increase traffic on Betty.::~~::::~?:::~iii~k sho'~uts traveling north from the Talmage Road area. He felt th.e.i:~ii~arlene Str~!~iii~~iilhumps are a better design than those on Lorraine Street. He e~:~essed concer~?~ii~e narrow width of Talmage Road near Cunningham Street ::i:::i:::i:i' '-'-':':':' :'.':'...,' for.:.:~:iii~bdestrians,:::~:~:~:..~:~:~: and a~O:::::::::.. "~ike riders traveling on the north side of Talmage Road. He identified a potential ~ic hazard at the intersection of Waugh and Cooper Lanes where .i:i:i:!:i:!:i:i:i:i:i:i. ~ii~n ditch exist..s;ii~?:.This area is especially hazardous during the winter months when the ~i~~iii::i:..s....fl o..w....i.~.g.'.'ii ~'av i ly. discussed the issue regarding the access to the established businesses located on the Talmage Road frontage and alternative traffic calming methods for the neighborhood such as additional speed humps. Director of Public Works Kennedy noted that the portion of the intersection modification instituting two left-turn lanes, would meet a mitigation measure of the Redwood Business Regular Meeting - September 2, 1998 Page 12 Park E.I.R. He further noted the access to the frontage road businesses would be the same as it was prior to the installation of Airport Park Boulevard. Responding to Mr. Passof's concern with the narrowness of Talmage Road, he advised that Talmage Road, from the State Street to the freeway, is considered State Highway Route 222. The City has been pursuing funding sources to widen Talmage Road. MIS KellylAshiku to approve the Proposal to Modify the Traffic Signal at Airport Park Boulevard and Talmage Road Intersection and Approve Budget Amendment in the Amount of $2,500, carried by the following roll call vote: AYES: Councilmembers Ch.~ez, Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Uastin. ASST,!N: ..N....~!~'i ABSENT: Councilmember Kelly reported meeting with priva~!~:'practio .n.~::"ar~i!i~ii~.e. tf frQ~i~e Uendocino County Mental Health Department t~iiiiii~.iscus.s."i!ii~i~:~ the G'~iiiiii~ii~i~=i3ort regarding the death of Marvin Noble. She discus':"~iii{.:'~.e..'iii!~'onditional R(~'ii~!i~=~'0gra,m (CONREP) and felt the information provided by Mr. ~i~~:.be very helpful'{~3 the City s Police Officers and recommended they pursue trail3~iiii~ili~ii~ili.p..:rogram. In a discussion with Police Chief Williams, she found him encourag~:"by i:~ili~"..':.'~..u:...nity to receive further training. ======================= ..... '::':'"?:iiiiiiiiii!iiiiiiiii?~?~ii iiiiill i!iii?~i!ii?:i~ Councilrnernber Ashiku reported that..t..~i~ii~[ii~!~iiii~'/.!~U.p, will ::~i~!~ be coming forth with recommendations for training for the ~J~J~e Off...j~ii~ii~[!i?:~ili!j~roviding guidelines from the Department of Justice. He will p~:~/ide th~iii~ity ~~::Wjth a copy of this report. Councilrnernber Kelly report~ii[iii~n theiii~,i[i~eeting.:j.:~:St week of the Skateboard Park Committee. Approximately 5~ii~:i~:~:~)ple a~ded t..h.~!ii~eeting and they were opposed to a skateboard::~:.p, ark being I.o..~t~: at Tod~i[~~i~i~:~-k since the park is heavily impacted already..M~=suppo~i~ii~j.eboard ~i~i~i~'other location. A suggestion was made to have:.i:~ii~iiii~teboa'~i!~iii~ated ai':::i~:::'['ow Gap Park. Discussi~:~i~iiii~i:i~d SUl~:~i~ii~'iiii'i~i~ Low Gap Park location because it is in close r ' ' '::~:::~:::~::=:' =================================== p ox~m~ty to...:t~::i~!G~i~!~h..ool w~.'e..':.f:~he greatest number of skateboarders go to school. This Iocatid~i::::~:j~i=:!~ii~iliy~:asse~i~able to them and they could go to the Park after 3:00 .... ~ii?:~i .... ::~:!:!:~:::~:~::::!::i::~::~:~:~ .... ..::!i!~i~::ii .... :::::::::::::::::::::::::::::::::::::::::::::::::::::: ;:i:i:i:i:!:i" ':::::::::: ".::::::::=-'? Co;B~cilrnember Kell.~ii!fe~=0rted attending the League of California Cities Conference in .......... .... ......... .... M....~jerey ............. where sh :e.:=ii~as a speaker. She advised that she has information available on ~~mic development and downtown revitalization. She also obtained information ~~[~.g...p....a.A~~ips with school districts and cities and counties. S'~i~!ii~~==:'a meeting with EDFC and a letter will be sent to the Board of Supervisors strongly urging them to make redesigning and adoption of the General Plan a top priority as it is critical to the economic development of the business community. She reported that a meeting will be held on September 12, 1998 on pesticides at the Conference Center. She discussed the article from the newspaper about the forum. A Regular Meeting - September 2, 1998 Page 13 second forum will be held on October 10, 1998 regarding agriculture pesticides. Councilmember Mastin reported that Coastal Cleanup Day will be September 19, 1998 and is organized by MSWMA. He made reference to Resolutions from the League of California Cities and Council concurred that the Resolutions should be discussed at their next meeting. He received information from the Local Government Commission regarding a meeting on September 11, 1998 with their main topic of making neighborhoods sa[.e.;~!ii~:.. They also referred to the availability of energy efficient funds for municipalities.:ii.i~;...He r..~ed meeting with MSWMA last week and discussed an inquiry by a.,nearby .~..e:...~:;i~wner who has interest in purchasing the property. They will go out f.o..~ii~;:~Req~iii~ii~roposal, with an 18-month buy back clause. Discussion followed ~~:~ing t~iiii~~.;..e...d sale of t~ property. :~iiiiiiiiii? .... ::~:?:iiiii? ........ ~:~iliiiiiii!i?~iiiiiiiiiiiiiii!iiiiiiiiiiii::i~: ......... ?:::iii? He reported attending a meeting with MTA and ~i~~:""the TransJt"::~~iiiii::~::~'d the Railroad Depot property. RCHDC is somewhat Jnter~[~ilj~i?~!.p......artnering but a~:'~':':'~oncerned with the potential environmental cleanup of the prope~i!~ii~j~:::.t, he cleanup of the private properties on Leslie 8treat. They discussed negat....i~f~s ~ii~~~ing the entire 10 acres with the possibility of being in a better posJtJon...t.~:i~j, nd a p~i~ilj~ii~.'.e....velop the property. The board agreed to hire an attorney, with..:~jii~"'........~ or rail'~i!~'kground. They did not receive one of the grants they were ex..~j~iii~ii~i::expres~his concern as to why Jt was denied. There was discussJo.~i~i~::"the ~i~~iii~:: ~minants on the railroad property in Willits .... Mayor Malone recommended o.~i~ing a .~y of the...:iii~"riginal agreement with Willits with regards to the right-of-way. Hei!~' discu~d the u~'erground rights being sold to Fiber Optics. . .... Counci!~~..Mas~J!~!i~i~s.ed att~!~~:~::ihe bike and pedestrian plan meeting held at City H~!!!i!~?~i[e..!t Jt w~',i',i~i!',!ihformatJve as the consultants throughly assessed the communitY'?~ili~..d, that":~ii!i~ii~:maJn bike and pedestrian thoroughfare is located along the raJlr..~iii~~i?:~t'.rom ~~::'to Ford Street. He discussed the various aspects of the pla.~i?~::~::~:..~ii~::~t, he ri'~-of-way Js free but the paving of the path would cost approx:.:i?~:iely $1 mi:iJ!~i.i.ili~.cost of the project would be increased to $4 million Jf the bik.e....~ii~i~:bte were to b~ii[ii~~Sed to Hensley Creek and Mendocino College. He also dis~:ssed.............., the paths ~'Jr~":'used by skateboards and those using roller blades. Paths ::!;i:!:!:i:i:i:i g:...e....!i~ east-west were.::~i::§o ..... discussed. He felt the plan has many good features and could ~!j~iii~e used as a significant tourist attraction. :::::::::::::::::::::::::::::::::: .-:::::::::.:- ::::::::::::::::::::::::::::::::::::::: . ::::::::::::::::::::::::::::::::::::: of S p r . or. w..h r g r, .o :~J~~[:~:'ambulan~ se~J~. The OJty presented a proposal for ambulance se~ice and noted ~hat ~he OJ~y's ambulanoe personnel are also firefighters. City Manager Horsley reported attending the Board of Supervisors meeting regarding the ambulance provider. Franchise Fees were discussed at the meeting. She discussed speaking with Bob McAdoo of Ukiah Ambulance Service about rethinking their positions, Regular Meeting - September 2, 1998 Page 14 and asking the Board for time to discuss options. The County has given the City's ambulance service and Ukiah Ambulance Service 30 days to present an agreement to the Board of Supervisors. She had positive feelings that the matter could be resolved. Travel arrangements were discussed by those Councilmembers who will be attending the joint meeting of the Redwood Empire and North Bay Divisions of the League of California Cities meeting tomorrow. 11. CITY MANAGER/DIRECTOR REPORTS .... ~ .... City Manager Homley reported that the City has sent a strike for~:,to t~i~e Pillsbury area to assist in fighting the fire in a mutual aid effort. She repo~iii~.b.~iiii~:i~e applications for the Community Based Organization Funding will .~ii~ue ofi!!~!!i!i!iii~he solicited the assistance of two Councilmembers to sit on the sub.c:~'iitee to..:i~i~iiii~::..applicatiog~::!:~ Councilmembers Ashiku and Chavez volunteered..:iiiiii?? .,.~i::iiiiii? ....... '~i!!::!iiiii?~ili!i!i!iiiiii!i!iii!ililili!i?~iii~iii ....... ~?:iiii?'~ She reported sending a letter to all City Council~i!i~:....~i~i!~s for an ori'~!~!~i~i!~::~i[~i City offices. They were also provided a copy of the Imple'~~j~..Measures from":'i'~'e General She discussed a recent bill that was accompan..i.:.e.,~i;.-b..Y a that was sent to private golf users. The policy referred to an i~~::.r:.equire~iii~ the letter included a statement relating to passengers riding..iiii~?~i!~iii~:.ding t~?~:~/a fee. However, the statement was worded incorrectly, gir..e~"r of C.."~~iS..e~i:~es DeKnoblough will be sending another letter clarifying the ~,ious le"~r. '":' iii iiiii! i o b~ contacting insurance agents to find out how the insura~:could..~::"easily None. ~:~:~:~:~:~:~ ....................... ' ............... ':' Mayor M:~i~!i~urne~::i!~ili~ti:ng at 9:52 p.m. ...... ..:ii!iiiiiiiiii:' : ..:.:.:.:.:.:.:.. .:::::::::' .:i:i:i:i:i:i:i:!:' .......... · :::::::::' ::::::::::::::::::::: ::?:~? Marie Ulvila, City Clerk :~i~i~::~::!i~?:~i~i ..... ~:~:~:~:~-' ..:::::::;::-' :::::::::::::::::::::::::::::: Regular Meeting - September 2, 1998 Page 15 PROCLA L&TION ~tT-IERE4~, vlolenee a ~ ~on~n an ' ' ~ a , ~ d ck~en con~nu~ to b~ome ~re~r~ent ~ ~e problen~ of dom~ ~ol~ce ~e not con~n~ to ~y grou~ of p~ple Sue cross all · CO~OI t .'c, racial, affe~nal pr~ence, and ~oci~ ~~; ~ ~ The chine of ~m~c violence d~lm ~ in~vi~al't pdva~, &~ni~, ;ecud~, and kumaniO, ~e w ~e~tlc ~;e of physical, ~on~ ~ p~chalogical, ~d ~onondc control ancot abuts. ~d 77~e impac~ of domr. s~e violence t~ wide ran~in~, dire~ly a,~'ec~n~ won~n and children and society as a whole; and It is battered women thermelvet who have &zen at eke forefront of efforts to bring peace and equality to the home,, and Project Sanctuary in 1997, recehw, d 2,164 domesa'c violence crisis calls, sheltered 223 battered women and children, and provided 4,308 safe shelter nights, in addition to providing otb er supp ortit,e servicer IVOli~; I'HEREFORE, I, Sheridan Malone, Mayor of the City of Ukiah, on behalf of my fellow CiO, Cou ncilmembers, Jim Martin, Ifrirty Kelly, Pkilli~o Ashil~u, and Guadalut~e Chave. z, itt recognition of the intportant work done by domestic violence I~rogratns, do hereby proclaim October, 1998, as DOMESTIC VIOLENCE AWARENESS MONTH and urge all cit~en~ to actively para'cipate in tire scheduled activities and progrtum ~ontored by Project Sanctuary to work tmvard the elimination of per~onal and ittrtitutional violenc& Dated: Set~tember 16, 1995 $1~eridan Malone, Mayor PROCL 7702V WHEREAS, the Secretary of State's office sponson a program entitled "Voter ~ Registration Week", and; ~ FrT-IE~, ~'Voter Reglrtration Week" it a nongarti~an program de. dgned to taturate California with voter regirtration maten'al~ during the lart ~eek of regirtration - to ttmch ~o that an individual will be able to go anjnvhere in the state and find registration for.~ or other alection.re!ated materialt; and ~_ WHEREAS, Voter Regi~ration Week't events and outreach oggortunitim are designed to coincide with citizens' activitiez tuck az $hogping, studying, workittg, etc., during a typical week; and ~ WHEREAS, the City of Ukiah encourag~ citizens to register to vote for the November 3, 1998 Election. NOW, THEREFORE, I, Sheridan Malone, Mayor of the City of Ukiah, on behalf ~ of nO, felltns, City Councilmembers, Jim Martin, Kristy Kelly, Phillig Ashiku, and Guadalupe Chavez, do ttereby groclaim September 25 through October $, 1998, ar VOTER REGISTRATION WEEK £1ec~on.and u~e all ~ns to a~d~ gan~'~Pate in th~ ~"~ ~d ~ in the N°~e~er $' l~8 DatetL' September 16,199S Sheddun Malone, Mayor 3c ITEM NO. DATE: SEPTEMBER 16, 1998 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY PHIL DOW REGARDING INCREASED FUNDING THROUGH T.E.A. 21 New Federal Legislation has replaced I.S.T.E.A. with T.E.A. 21, the Transportation Equity Act for the 21st century. Phil Dow, Mendo¢ino Council of Governments (MCOG) Planning staff, will be presenting an overview of the new legislation for Council's information and answer any questions you might have. A summary of the funding for T.E.A. 21, along with other related information, is attached for the Council's information. RECOMMENDED ACTION: Informational only. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager Candace Horsley, City Manager 1. Memorandum and related documents on T.E.A. 21. APPROVED'~~)_ _ ,~~o_, Candace Horsley, Ci~¥1Manager R:I\CM:kk ATEA.21 MENDOCINO COUNCIL OF GOVERNMENTS MEMORANDUM September 4, 1998 TO: CANDACE HORSLEY, CITY MANAGER FROM: PHIL DOW, MCOG STAFF (PLANNING) RE: TEA-21 REPORT The new federal bill which replaces ISTEA in our vocabulary is TEA-21, the Transportation Equity Act for the 21 st Century. Although I still do not know some of the specifics regarding funding, but I believe I can provide you an overview of how TEA-21 is apt to affect your city. I can readily come up with six funding realms derived from TEA-21 funding which may be available to the City of Ukiah. They are briefly described below. I can excpand on each of these topics if you would like a Council presentation: le RTIP FUNDING: Just six months ago, when MCOG was preparing the 1998 Regional Transportation Improvement Program (RTIP), we were advised by Caltrans not to expect new capital funding until 2002 because what was going on in Congress was a mystery. In late spring, Congress went into overdrive and passed TEA-21. As a result, there will be additional funding available for programming in the 2000 ST[P. For a number of reasons, there is tremendous pressure to program these additional funds now, instead of waiting for the 2000 STIP cycle. There also may be a one-time program to make these funds available for storm damage repair and rehabilitation work on local streets and roads. See copy of California Transportation Commission Chairman Bob Wolf's letter to Senator Kopp and my memo to County and cities dated August 25, 1998. e RSTP FUNDING: Under ISTEA, Regional Surface Transportation Program (RSTP) funds were distributed in two forms to local agencies. One pot went directly to the counties, the other directly to the regional agencies (MCOG). Under ISTEA, MCOG distributed its share on a competitive basis for capital and planning projects. TEA-21 will continue this county and regional agency distribution, with a little more funding in each pot. The Technical Advisory Committee of MCOG has been working on a number of funding proposals to MCOG for revenue sharing from SB 45 (ST[P) funds as well as RSTP funds which will be forthcoming under TEA-21.These proposals will go to MCOG at their October meeting. The TAC recommendation will distribute the regional agency share to the county and cities on a formula basis. If accepted by MCOG, this will guarantee a stable (although still inadequate) source of funding to each entity throughout the six-year course of TEA-21. LOCAL TEA SHARE: Since Congress selected TEA-21 as an acronym for its funding program, be prepared for confusion with the Transportation Enhancement Activities (TEA) program of TEA-21 for the next six years. Under ISTEA, TEA was a competitive program run by the State. In the SB 45 era, TEA funds will come directly to MCOG by statewide formula and be available for programming any eligible TEA projects as we see fit. The CTC is currently determining guidelines for the administration of this program. As of now, it is moving in a direction favorable to rural counties. Please see one page TEA summary. 0 STATE TEA SHARE: Under the TEA Advisory Committee recommended scheme, Caltrans will retain 25% of all TEA funds in the state. One half of this (12.5% of total) will be used for a statewide competition for projects of statewide and interregional interest. The other portion will be available for TEA enhancements in conjunction with Caltrans programmed STIP and SHOPP projects. In other words, this pot may be available for enhancements to programmed State highway improvement or rehabilitation projects within or adjacent to the City. For example, if Talmage Road (SR 222) were to be programmed for widening by Caltrans, perhaps State TEA Share money would be available to add bikeways, landscaping, or a gateway (or other enhancements which are not normally funded). ® PRIORITY PROJECTS: TEA-21 identified hundreds of Priority (or demonstration) projects which will receive specific funding allocations. The Willits Bypass will receive $650,000 in federal funding, even though it is fully funded in the 1998 STIP through a combination of State and local ($17.3 million) dollars. The guidelines have not been written, but this should mean that MCOG can supplant at least our local share (about $200,000) of the cost of this project and make it available for local programming in 1999 or 2000. As stated under No.2 above, MCOG TAC will soon be presenting the recommended SB 45 distribution plan to the MCOG Board. 6. OTHER FEDERAL PROGRAMS: TEA-21 increases the amount of federal revenue devoted to several other federal programs. See attached chart prepared by County Engineers Association of California. The funding categories for HBRR (Highway Bridge Rehabilitation and Replacement) and Safety (Hazard Elimination & Safety - HES) are probably the most recognizable to the city. I will be available to expand upon each of these funding sources and explain what is going on at the state level (SB1477, CTC action, etc.) to date, if needed. Please call me directly at 463-1806 if there are any questions. attachments 4a MEMO To: Honorable Mayor and City Council From: Marie Ulvila, City Clerk Subject: City Council Minutes of September 2, 1998 Date: September 11, 1998 Due to the holidays this week, I was unable to complete the minutes of the September 2, 1998 meeting for your packet. However, the minutes will be delivered to you no later than Tuesday, September 15th for your review. I apologize for the delay in their submittal. If you should have any questions, please do not hesitate to contact me at 463-6217. ITEM NO. DATE 6a September 16, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF AUGUST 1998 Payments made during the month of August 1998, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 107099-107192, 107332-107417, 107420-107544, 77474, 77476 Payroll check numbers: 107193-107331,107418-107419, 107545-107669 Direct Deposit numbers: 3393-3562 Void check numbers: 77475, 106732, 107285 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of August 1998. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVEE~~') ~/.-~--~,~ C~~.t.~! Ca~ac~ H0rsley, Manager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF AUGUST 1998 Demand Payments approved: Check No. 107099-107192, 107332-107417, 107420-107544, 77474, 77476 FUNDS: 100 General Fund $118,312.77 660 140 Park Development 661 141 Museum Grants 665 142 National Science Foundation 670 143 N.E.H.1. Museum Grant $226.00 675 150 Civic Center Fund 678 200 Asset Seizure Fund 679 205 Sup Law Enforce. Srv. Fd (SLESF) 695 206 Community Oriented Policing $250.28 696 220 Parking Dist. #10per & Maint $897.80 697 250 Special Revenue Fund $7,000.00 698 300 2106 Gas Tax Fund $24,561.59 800 301 Gas Tax Fund (2107) $15,835.00 801 333 Comm. Develp. Block Grant 805 340 SB325 Reimbursement Fund 806 410 Conference Center Fund 84,948.31 820 550 Lake Mendocino Bond 81,530.00 900 555 Lake Mendocino Bond Reserve 910 575 Garage 8624.45 920 600 Airport 845,459.27 940 610 Sewer Service Fund 950 611 Sewer Construction Fund 960 612 City/District Sewer 827,611.11 962 615 City/Dist Sewer Replace 965 652 REDIP Sewer Enterprise Fund 966 PAYROLL CHECK NUMBERS 107193 - 107331 DIRECT DEPOSIT NUMBERS 3393 - 3476 PAYROLL PERIOD 7/26/1998 - 8/8/1998 PAYROLL CHECK NUMBERS 107418-107419, 107545-107669 DIRECT DEPOSIT NUMBERS 3477 - 3562 PAYROLL PERIOD 8/9/1998 - 8/22/1998 Sanitary Disposal Site Fund Sanitary Disposal Replace Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. (85,589.18) $478.17 8141,682.15 83,540.51 8702.34 818,489.76 8969.20 88,852.43 882,129.33 8649,821.72 812,240.29 880,350.49 83,770.84 837,548.22 8128,319.57 8249.77 8695.20 897,800.00 8243.24 TOTAL DEMAND PAYMENTS 81,509,550.63 TOTAL PAYROLL VENDOR DEDUCTION CHECKS 866,836.58 TOTAL PAYROLL CHECKS $188,416.89 TOTAL DIRECT DEPOSIT 8177,068.61 VOID CHECKS NUMBERS 77475, 106732 (AP) , 107285 (PR) TOTAL PAYMENTS $1,941,872.71 This register of Payroll and Demand Payments was duly approved by the City Council on. , /~',, City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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DATE: September 16, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING EXPENDITURE FOR THE MANAGEMENT/PRODUCTION CONTRACT FOR THE 1999 SUNDAYS IN THE PARK CONCERT SERIES In accordance with Municipal Code Section 1522 this report is being submitted to the City Council regarding the expenditure of $7,500 to Spencer Brewer (dba:Laughing Coyote Productions) for management/production services for the 1999 Sundays in the Park Concert Series. This amount has remained constant for the entire seven years of the concert series. Spencer is one of the original organizers of the concerts and has provided these services from the beginning of the series. The contract, as with the entire concert series, is funded entirely by private sponsorship. Funds are held in a trust account that the City administers and therefore, expenditures between $5,000 and $10,000 must be reported to the Council. RECOMMENDED ACTION: Receive report regarding management/production contract to Spencer Brewer for the 1999 Sundays in the Park Concert Series in the amount of $7,500. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: 1. Acct. No.: 900-205-226 (if budgeted) Tammi Weselsky, Community Services Supervisor Tammi Weselsky, Community Services Supervisor Larry Deknoblough, Director Community Services and Candace Horsley, City Manager 1999 Contract Proposal from Spencer Brewer Can~ace Horsley, Ci~ R:4/CM ASR Manager P.O. Box 420 8233 Pinecrest Drive Redwood Valley, CA 95470 (707) 485-7664 · FAX (707) 485-7615 PAODU(TIOH~ 500 Scotti Drive Bridgeville, PA 15017-2938 (412) 221-1166 · FAX (412) 221-3745 Proposal to Manage the 1999 Sundays in the Park Concert Series I propose to manage the 1999 Sundays in the Park Concert Series for the City of Ukiah to the same extent that I handled the project in 1998. I will coordinate all the acts, bookings of said acts, sound logistics, radio spots, radio & press releases, stage coordination, help on the poster layout, concert day opening speeches, fund raising, and general on site management at each concert. If a previously scheduled concert of my own occurs on the day of any of the SITP concerts, I will make ample arrangements. The terms are as follows: $1,500. to be paid on September 15, 1998 to Spencer Brewer. This covers any expenses in enlisting sponsors, awards banquet and the pre-work to begin the 99' series, l will recieve an additional $2000. on January 1, 1999 to cover all costs in the booking, contracting and coordinating of all promotional work ups. On May 1st, an additional $1000. will be paid for the final pre-concert series work. An additional $500. per each of the six concerts, will be due on the day of each concert. If there are 7 concerts, the amount will be adjusted. Total: $7,500. Spencer Brewer, September 2, 1998 Accepted for the City of Ukiah: Date' 6c ITEM NO. DATE: SEPTEMBER 16, 1998 AGENDA SUMMARY REPORT SUBJECT: DENIAL OF CLAIMS FOR DAMAGES RECEIVED FROM LABAN MENTON, BENJAMIN SABASTIAN, AND GREGORY TAYLOR; AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Laban Menton was received by the City of Ukiah on September 4, 1998 and alleges damages related to a power surge on September 4, 1998 at 297 Gardens Ave. The claim from Benjamin Sabastian was received by the City of Ukiah on September 4, 1998 and alleges damages related to civil rights violations on March 13, 1998 at 325 Chablis Drive. The claim from Gregory Taylor was received by the City of Ukiah on September 4, 1998 and alleges damages related to civil rights violations on March 13, 1998 at 325 Chablis Drive. Pursuant to City policy, it is recommended the City Council deny the claims as stated and refer them to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Deny Claims for Damages Received from Laban Menton, Benjamin Sabastian, and Gregory Taylor; and Refer Them to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Claimants Claimants Michael F. Harris, Risk Manager/Budget Officer~..,~L~ (J~~ Candace Horsley, City Manager 1. Claim of Laban Menton, pages 1-3. 2. Claim of Benjamin Sabastian, pages 4-10. 3. Claim of Gregory Taylor, pages 11-14. AP PROVE 'D;~'~. ) [/..~.~.:~ c~n'~-ace Horsley, City~anager mfh:asrcc98 0916CLAIM · NOTICE OF CLAIM AGAINST This c/aim must be pre~enled, as prescdbed by ParLs 3 and 4 of Division 3.6, of TitJe 1, of the Government Code of the Stale of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CiTY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street' and/or Post O~li6e Box City State . Zip Code CITY CLERK DEPARTMEI',IT Home Phone Number Work Phone Number I PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box ( ), Telephone . . e City State Zip Code GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (At~ach additional page(s), if more sp~ce is needed): , !lo" /1~' v~~_, T~l~ I~ t~/~ ~/ ~tg ~T 0¢~- ~)., 5~¢ ~]Lp ¢~-,~¢~ N¢~uoE(..S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: I -9. WITNESS(ES), ff known (optional): Name~ Address , Telephone DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name ~..---.-'"'"~' . ...Address Telephone - I. - GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIG,~T/ON, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the claim: 11. 12. STATE THE AMOUNT CLAIMED ff it totals/ess than ten thousand doflars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be/mown at the time of the presentation of the c/aim, together with the basis of computation of the amount c/aimed (for computation use #12 be/ow). However, if the amount c/aimed exceeds ten thousand do//ars ($10, 000), no do/tar amount shaft be included, but you must indicate whether the jurisdiction over the c/aim would be in Municipal or Superior Court. Amount Claimed $ ~-~T' Off /~V~O /T~$ or Applicable Jurisdiction THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: 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 claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of~ acfion for death or for injury to the person or to persona/properly or growing crops shall be presented not later than six (6) calendar months or 182 days after the acc/ua/of the cause of action, whichever is longer. C/aims re/ating ~ to any other causes of action shaft be presented not later than one (1) year after a_ccrua/of the c~use of action. 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 dgh~s 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. 3/18/98 o. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23' 24 25 26 27 28 KEVIN DAVENPORT, ESQ. MASON & MORRISON 104 N. School Street Ukiah, CA 95482 (707) 468-9140 California State Bar No. 172789 Attorney for Claimant BENJAMIN SABASTIAN CITY CL£RK DEP^flTMENT In the Matter of the Claim of: BENJAMIN SABASTIAN, Claimant.. ) ) ) ) CLAIM FOR DAMAGES PURSUANT TO GOVERNMENT CODE § 910 Claimant, Benjamin Sabastian, hereby presents this claim to the City of Ukiah and Ukiah Police Department pursuant to sections 905 and 910 of the California Government Code for a sum of more than $10,000.00, for the negligent infliction of emotional distress, intentional infliction of emotional distress, personal injuries, abuse of process, invasion of privacy, harassment, and false arrest and false imprisonment, in violation of claimant's civil rights under applicable provisions of state and federal law, and makes the following statements in support of this claim. 1. The name of the claimant is Benjamin Sabastian. 2. The address of claimant is 32'5 Chablis Drive, Ukiah, California 95482. 3. The mailing address to which claimant wishes notice of this claim to be sent is Kevin Davenport, Attorney at Law, 104 N. School Street, Ukiah, California 95482. ' 4. The date and place of the incident giving rise to this claim is March 13, 1998, at approximately 7:00 a.m., at claimant's residence located at 325 Chablis Drive, in Ukiah, California. .. 5. 'The circumstances giving rise to this.claim are as follows: Claimant and his roommate, Gregory Taylor, were at home sleeping on the · . civil~sebastian~clairn -'4-- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2? 28 1 !! morning of March 13, 1998, when at approxima'tely.7:00 a.m., Ukiah Police Department , 2 i~ Officer Randy Johnson and numerous other agents of the Ukiah Police Department I 3 I began pounding on claimant's door. Claimant opened the door and Officer Johnson 4 immediately stuck a gun into claimant's face. At the same time, Officer Johnson and a 5 number of other agents, unknown to claimant at this time, all with guns drawn, rushed h 6!i forward into claimant's home and began shouting for claimant to lie down on the floor. '7 Claimant immediately complied with the officers' orders. When claimant laid 8 down on the floor, he was immediately handcuffed. A boot was placed on claimant's back. He was ordered to stay still and be quiet. Shortly thereafter, claimant was piCked up off of the floor and placed into a nearby chair in the living room. Claimant was not told of the existence of a Search Warrant. Claimant was not. told of the reason for the Search Warrant or the officers' actions. Claimant was only told to be quiet while officers rummaged through his house and his personal possessions. After approximately 10 minutes, claimant was removed from his home without explanation and placed into the front of an unmarked car and taken to the Ukiah Police Department, where he Was placed into a holding cell. At no time was claimant provided any explanation whatsoever. Claimant remained in the holding cell for approximately two hours. He had no shoes or socks. Claimant was frightened and cold and without any idea of what was happening or why. Eventually, officers returned from searching claimant's home and explained to claimant that he was uhder arrest for bank robbery. Claimant was shocked and surprised by this information. He was brought into the interrogation room at Ukiah Police Department and questioned there for several hours. During the course of questioning claimant, Police Detective Randy Johnson and several officer unknown to claimant were rude, aggressive and hostile toward claimant. Claimant asserted his innocence repeatedly, but was accused of lying. Claimant was not provided any Miranda warnings prior to this first questioning session. After approximately one hour, claimant was returned to the holding cell, where he remained civil~sebastian~clairn 9. 10 11 12 13 14 15 ld 17 18 19 2O 21 22 23 24 25 26 27 28 for approximately two hours. Claimant was not provided with any food. Around mid-day, claimant was again removed from the holding cell and brought into a large room to be photographed from every angle by Detective Johnson, who was standing on a table, apparently in an attempt to simulate the angle of the surveillance camera in the banks. Claimant, Confident of his innocence, agreed to take a lie detector test. Claimant was transported in handcuffs from Ukiah Police Department to the Mendocino County District Attorney's Office at the Courthouse in Ukiah. He was escorted, in plain view to any person standing on School Street, into the Coudhouse. Claimant was embarrassed and humiliated by being seen in handcuffs and in police custody. Claimant endured approximately two hours of questioning while participating in the lie detector test. Apparently, claimant "failed" the lie detector test because the officers continued to be convinced of claimant's guilt. Claimant was returned to the holding cell at Ukiah Police Department. He remained there for approximately one hour. Claimant still had not been provided any food. Eventually, Claimant was brought to the Ukiah Police Department Interrogation Room again. He was ordered to provide writing samples similar to those provided by the bank robber. Claimant was made to write a sample of the demand note approximately 100 times. Claimant was repeatedly questioned about why he committed the bank robberies and claimant continued to assert his innocence. Claimant was again returned.to the holding cell at' Ukiah Police Department where he remained until 6:00 p.m. Up until this point, claimant still had been provided with no food. At approximately 6:00 p.m., an unknown officer came to the holding cell and provided claimant with a sandwich and a coke. The officer attempted to engage claimant in additional questioning regarding the bank robberies. Claimant again maintained his innocence, but the officer told claimant, "You'say you didn't do it, but all evidence points to you. You have to go to jail." While Claimant sat in the cell, he heard clvil~ebastian~clairn 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 civil~sebastian~clairn various Ukiah Police Officers walk by and say words to the effect of "My God, that guy is still here." At approximately 7:00 p.m., claimant was removed from the holding cell and transported to the Mendocino County Jail and booked. Claimant remained in the Mendocino County Jail until Sunday morning at approximately 10:00 a.m. At that time, Ukiah Police Detective Guzman and another unknown officer told claimant that the police wanted more polygraph testing. Claimant was transported again to Ukia'h CourthoUse for another series of polygraph tests. During the drive, claimant' asked'the detective if they had read in the newspaper about another bank robbery on Friday afternoon, March 13. The officers responded, "We don't know anything about that.," and "We don't read the papers." Claimant was surprised and confused by this assertion of the officers. Claimant participated in polygraph examinations for approximately six hours. At some point he was told that the first polygraph testing on Friday was a waste of time. After approximately six hours, claimant could endure no more testing. He broke down in tears and asked that the testing stop. Claimant was' then transported back to the Mendocino County Jail where he remained in custody until Monday, March 16. Claimant was transported to court Monday afternoon for his arraignment. At arraignment, claimant was advised that there would be no charges and he was ordered released by the Magistrate. Claimant was released from custody at approximately · 7'30 p.m., March 16. He speni four :days in police',custody. Because claimant was removed from his home after only 10 minutes since the officers' arrival, he does not know precisely what transpired within his home. However, claimant returned home to discover that his room and his personal property had been ransacked. Claimant learned from his roommate, Greg Taylor, that law enforcement ® officers remained in the residence for over an hour and a half. Ukiah Police Detective Randy Johnson and other unknown officers entered claimant's home upon the authority of Search Warrant Number 98-765. Apparently, 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2? 28 bank robberies in the Ukiah area had been committed February 26, 1998, and March 4, 1998. In the course of investigating said robberies, Ukiah Police Department Detective Randy Johnson was informed that claimant matched the description of the bank robber. According to the Affidavit in Support of the Search Warrant, it was indicated that Karen Jacobson contacted the Ukiah Police Department to inform them that she had recently fired an employee who matched the description reported in the newspaper. Ms. Jacobson and her 18 year old daughter, Lauren, were unable to make a positive identification, but agreed that a photograph of the bank robber did resemble Ben Sabastian. Nothing further in the Affidavit indicates that claimant was the bank robber. No further information or evidence set forth in the Affidavit supports probable cause to search claimant's home. The officers came into claimant's home intent upon arresting claimant, not ,. searching for probable cause to arrest claimant. The Search Warrant authorized officers to seek the following described property: 1. A two-toned colored baseball cap. 2. A long sleeved plaid shirt in primary colors, similar to red and yellow. 3.. Light colored full length trousers. 4. Tennis shoes dark colored with a wide light colored stripe. 5. Light colored brown plastic'shopping bag. 6. A small day planner or calendar booklet, approximately 3 % x 7 inches. 7. Light colored sh~rt S'leeved crew neck t-shirt. 8. A multicolored "beanie" cap. Of the items listed in the Search Warrant, the only ones found in claimant's home are light colored trousers and three pairs of tennis shoes. The officers did not find a two-toned baseball cap. Nor did they find a long sleeved plaid shirt in primary colors similar to red and yellow. Nor did they find a light brown colored plastic shopping bag. Nor did they find a small day planner or calendar booklet, approximately 3 ¼ x 7 inches. Nor did they find a light colored short sleeved crew neck t-shirt. Nor. civil~sebastian~clairn 5 -8- 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 did they find a multicolored "beanie" cap. In fact, claimant was arrested and 'removed from his home long before the search of claimant's home was completed. The officers treated the Search Warrant as an Arrest Warrant'. Claimant was arrested and removed from his home without an Arrest Warrant and without probable cause. Claimant's home and personal property was ransacked. Valuable collectors items were damaged. Claimant was surprised, shocked, threatened and intimidated by law enforcement officers, who took advantage of their position of authority to force entry into claimant's home, seize his person, . invade his privacy and illegally interrogate and coerce and threaten claimant, and to detain and arrest claimant without probable cause. Claimant alleges that the officers' threatening and coercing manner, illegal arrest and illegal questioning was without any legal authority and there was no justification for the deprivation of claimant's civil rights as guaranteed under the Fourth, Fifth, Eighth, and Fourteenth Amendments and provisions of the United States Constitution and parallel provisions of the California Constitution. Claimant alleges that the actions by law enforcement agents constituted a flagrant abuse of their power and were without due process of law; that the coercion and excessive use of authority, including false arrest and false imprisonment, constitutes an abuse of process. In carrying out their duties without the authority of due process and in the cruel and unusual manner, the officers coerced, threatened and intimidated claimant, causing him great distress and emotional pain. Claimant alleges that without probable cause or due diligence, the law enforcement officers acted in an intimidating and threatening manner, taking advantage of their authority over claimant. Claimant alleges that the actions of the law enforcement officers in arresting claimant, interrogating claimant and subjecting claimant to over four days of custody, as alleged herein, constituted an intentional and reckless infliction of physical and emotional distress, fright and shock upon claimant. The names of the public employees causing claimant's injuries as described civll~sebastian~claim 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 · 28 herein were Ukiah Police Detective Randy Johnson, Ukiah Police Detective Mariano Guzman, and other agents and employees unknown, the names of the other officers involved in the incident described herein are unknown. As a result of the violation of claimant's rights and the acts and omissions of the above-described representatives and employees or agents of the above-listed agencies as described herein, claimant has suffered humiliation, inconvenience, embarrassment, mental anguish, emotional shock, emotional distress, injury to his nervous system, loss of income, loss of future earnings all of which caused and is causing great mental pain and suffering. The amount claimed as of this date is in excess of $10,000.00, and jurisdiction of this claim would rest in Superior Court. Dated: August 998 BEN SABASTIAN Claimant civil~sebastia n~claim ' 7 --tO "' KEVIN DAVENPORT, ESQ. MASON & MORRISON 104 N. School Street Ukiah, CA 95482 (707) 468-9140 California State Bar No. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorney for Claimant GREGORY TAYLOR 172789 CITY OF U;(IAH CITY CLERK DEPARTMENT In the Matter of the Claim of: GREGORY TAYLOR, Claimant. CLAIM FOR DAMAGES 'PURSUANT TO GOVERNMENT CODE § 910 Claimant, Gregory Taylor, hereby presents this claim to the'City of Ukiah and Ukiah Police Department pursuant to sections 905 and 910 of the California Government Code for a sum of more than $10,000.00, for the negligent infliction of emotional distress, intentional infliction of emotional distress, personal injuries, abuse of process, invasion of privacy, harassment, and false arrest and false imprisonment, in · violation of claimant's civil rights under applicable provisions of state and federal law, and makes the following statements in support of this claim. I o The name of the claimant is Gregory Taylor. The address of claimant is 325 Chablis Drive, Ukiah, California 95482. The mailing address to which claimant wishes notice of this claim to be sent is Kevin Davenport, Attorney at Law, 104 N. School Street, Ukiah, California 95482. 4. The date and place of the incident giving rise to this claim is March 13, 1998, at approximately 7:00 a.m., at claimant's residence located at 325 Chablis Drive, .. .. : . . .., -. . ..,. ' : in Ukiah, California. 5. _. The circumstances giving rise to this claim are as follows: Claimant and his roommate, Benjamin Sabastian, were at home sleeping on the civil~taylor~claim 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 morning of March 13, 1998, when at approximately 7:00 a.m., Ukiah Police Department Officer Randy Johnson and numerous other agents of the Ukiah Police Department began pounding on claimant's door. Officer Johnson and a number of other agents, unknown to Claimant at this time, all with guns drawn, rushed forward into claimant's · home upstairs into claimant's bedroom where he was sleeping and began shouting for claimant to "get the fuck up." ' Claimant immediately complied with the officers' orders. When claimant got up from the bed, he was immediately handcuffed. He was ordered downstairs and made to sit on the couch, wearing only his underwear. Claimant was not told of the existence of a Search Warrant· Claimant was not told of the reason for the Search Warrant or the officers' actions· Claimant was only told to be quiet while officers rummaged through his house and his personal possessions. Claimant remained on the couch for about an hour and a half. He was told he could go outside but as it was cold and.wet and claimant was in his underwear, this was a meaningless offer. Claimant was in fact detained in his own home. Ukiah Police DeteCtive Randy Johnson' and other unknown officers entered claimant's home upon the authority of Search Warrant Number 98-765. Apparently, bank robberies in the Ukiah area had been committed February 26, 1998, and March 4, 1998. In the course of investigating 'said robberies, Ukiah Police Department Detective Randy Johnson was informed that claimant's rOommate matched the description of the bank robber. According to the Affidavit in Support of the Search Warrant, it was indicated that Karen Jacobson contacted the Ukiah Police Department to inform them that she had recently fired an employee who matched the description reported in the newspaper. Ms. Jacobson and her 18 year old daughter, Lauren, were unable to make a positive identification, but agreed that a photograph of the bank robber did resemble Ben Sabastian. Nothing further in the Affidavit indicates that claimant was.the bank robber or that claimant was anyway involved in the robberies.-No further information or evidence set forth in the Affidavit supports probable cause to search claimant'~ home. civil~taylork:lairn 2 --t 7... -- 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 The officers came into claimant's home intent upon arresting Ben Sabastian, not searching for probable cause to arrest claimant. The Search Warrant authorized officers to seek property evidencing bank robbery. Yet personal items of claimant were seized as well. Claimant was told by officers that he must come down to the Ukiah Police Station to be booked and released. He did so because he was frightened and believed he was a suspect. Claimant was told that his roommate had confessed and implicated him as well. Claimant's home and personal property was ransacked. Claimant was surprised, shocked, threatened and intimidated by law enforcement officers, who took advantage of their position of authority to force entry into claimant's I'{ome, seize his. person, invade his privacy and illegally interrogate and coerce and threaten claimant, and to detain claimant without probable cause. Claimant alleges that the officers' threatening and coercing manner, illegal detention and illegal questioning was without any legal authority and there was no justification for the deprivation of claimant's civil rights as guaranteed under the Fourth, Fifth, Eighth, and Fourteenth Amendments and provisions of the United States Constitution and parallel provisions of the California Constitution. Ciai'mant alleges.that the actions by law enforcement agents constituted a flagrant abuse of their power and were without due process. o( law; that the-coercion and excessive use of authority, including false arrest · . and false imprisonment, constitutes an abuse of process. 'In carrying out their duties without the authority of due process a~d in.ihe Cruel and'unusual manner, the officers coerced, threatened and intimidated claimant, causing him great distress and emotional pain. . Claimant alleges that without probable cause or due diligence, the law i enforcement officers acted in an intimidating and threatening manner, taking advantage of their authority over claimant. Claimant alleges that the actions of the law enforcement officers in arresting claimant and interrogating claimant, as alleged herein, constituted an intentional and reckless infliction of physical and emotional distress, civil~taylor~claim 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fright and shock upon claimant.. The names of the public employees'causing claimant's injuries as described herein were Ukiah Police Detective Randy Johnson, Ukiah Police Detective Mariano Guzman, and other agents and employees unknown, the names of the other officers involved in the incident described herein are unknown. As a result of the violation of claimant's rights and the acts and omissions of the above-described representatives and employees or agents of the 'above-listed agencies as described herein, claimant has suffered humiliation, inconvenience, embarrassment, mental anguish, emotional shock, emotional distress, injury to his nervous system, loss of income, loss of future earnings all of which caused and is causing great mental pain and suffering. The amount claimed as of this date is in excess of $10,000.00, and jurisdiction of this claim would rest in Superior Court, Dated: August .---~ ,1998 GREG TA¥ Claimant civil~taylor~claim ITEM NO. 6d AGENDA SUMMARY DATE: September 16, 1998 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE FOUR PARCELS OF LAND ALONG NORTH OAK STREET FROM C-1 TO R-1. SUMMARY: On September 2, 1998, the City Council voted 5-0 to introduce an Ordinance rezoning four (4) parcels of land along North Oak Street from "C-1" (Light Commercial) to "R-I" (Single Family Residential). The Ordinance is attached and ready for adoption. RECOMMENDATION: Adopt the Ordinance rezoning the subject properties. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Ordinance, and provide direction to staff. Citizen Advised: All affected property owners individually noticed, and a legal notice published in the Ukiah Daily Journal according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: 1. Ordinance rezoning the four (4) parcels of land along North Oak Street. APPROVED: Candace Horsley, C!y Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on four (4) parcels of land. Specifically, Assessor Parcel Numbers 2-182-13 (Redwood Legal Assistance), 2-182-15 (Woodlief), 2-182-17 (Coots) and 2-182-18 (Mendocino & Lake County Medical Society) are rezoned from "C 1" (Community Commercial) to "R 1" (Single Family Residential). SECTION 'I'VVO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties into conformance with the Ukiah General Plan. SECTION THREE Based on the existing and envisioned land uses surrounding the parcels, the proposed rezonings are reasonable and appropriate. Additionally, the rezonings will help preserve and protect the Iow density residential character of the neighborhood. SECTION FOUR Based on the analysis and conclusions contained in the Initial Study, the City Council concluded that the proposed rezoning project would not have a significant adverse effect on the environment, and adopted a Negative Declaration. SECTION FIVE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. ORDINANCE NO. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION SIX This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on September 2, 1998 by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN' None Passed and adopted on September 161 1998, by the following role call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page 2 of 2 ITEM NO. 6e AGENDA SUMMARY DATE: September 16, 1998 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE THE ONE (1) PARCEL OF LAND LOCATED AT 140 LUCE AVENUE FROM R-1 TO C-N. SUMMARY: On September 2, 1998, the City Council voted 5-0 to introduce an Ordinance rezoning the parcel of land located at 140 Luce Avenue "R-I" (Single Family Residential) to "C-N" (Neighborhood Commercial). The Ordinance is attached and ready for adoption. RECOMMENDATION: Adopt the Ordinance rezoning the subject property. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Ordinance, and provide direction to staff. Citizen Advised: All affected property owners individually noticed, and a legal notice published in the Ukiah Daily Journal according to the requirements of the Ukiah Municipal Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: 1. Ordinance rezoning the one (1) parcel of land at 140 Luce Avenue. APPROVED: Candace Horsley, Ci~ Manager 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on the parcel of land located at 140 Luce Avenue (APN 003-072-04) from "RI" (Single Family Residential) to "CN" (Neighborhood Commercial). SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject property into conformance with the Ukiah General Plan. SECTION THREE Based on the existing commercial land uses situated in close proximity to the subject parcel, as well as the property's close proximity to a major street and transportation facilities, the proposed rezoning is reasonable and appropriate. SECTION FOUR Based on the analysis and conclusions contained in the Initial Study, the City Council concluded that the proposed rezoning project would not have a significant adverse effect on the environment, and adopted a Negative Declaration. SECTION FIVE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. ORDINANCE NO. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION SIX This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on September 2, 1998 by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN: None Passed and adopted on September 16, 1998, by the following role call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page 2 of 2 ITEM NO. 6 f DATE: 09-16-98 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF ADJUSTMENT TO APPRENTICE LINE ATTENDANT SALARY RANGE The Personnel Department periodically performs job classification and compensation studies. The Director of Public Utilities requested that the position of Apprentice Line Attendant be reviewed and he recommended that the salary range be raised to a more equitable level to preserve the hierarchy between the Groundman, Apprentice Line Attendant and Lineman positions. The past salary range for Apprentice Line Attendant caused an inequity in the advancement process from Apprentice to Lineman. As employees in the Apprentice Program increase in skills and knowledge the salary range did not support the progression from Apprentice to the ultimate position of journeyman Lineman. To maintain the appropriate hierarchy the salary range was increased from Range 181 to Range 182, which is approximately a 9% increase (see attached). Staff recommends that Council approve the salary range adjustment for the Apprentice Line Attendant position from Range 181 to Range 182. RECOMMENDED ACTION' Council to approve salary range adjustment for Apprentice Line Attendant position from Range 181 to 182. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not approve salary range adjustment for Apprentice Line Attendant. 2. Refer to staff for additional information. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A (if budgeted) N/A Darryl Barnes, Director of Public Utilities Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Electric Unit Salary Schedule aPPrOVEd:~ ~1~/~~~~ Candace horsley, City ~anager 3:~oer~asraplin CITY OF UKIAH ELECTRIC UNIT SALARY SCHEDULE I ELECTRIC UNIT SALARY SCHEDULE AS OF 03/08/98 1% increase Rankle i Position A B C D E j ('6 mo) ('6 mo) ('6 mo) PER HOUR 80 Groundman/woman 11.8203 12.4113 13,0319 13.6835 14.3677 81 Metering Services Attendant 12.4114 13.0320 13.6836 14.3678 15.0862 181 Apprentice Line Attendant 12.4114 13.0320 13.6836 14.3678~ 15.0862 ...... 182 Electrical Engineering Technician I 13.5794 14.2584 14.9713 15.7199 16.5059 *83 Lineman/woman 16.2943 17.1090 17.9645 18.8627 19.8058 *84 Electric Field Technician 17.1188 17.9747 18.8734 19.8171 20.8080 85 Electrical Engineering Technician II 17.5467 18.4240 19.3452 20.3125 21.3281 *86 Electrical Sub-supervisor 17.9854 18.8847 19.8289 20.8203 21.8613: BI-WEEKLY 80 Groundman/woman 945.62 992.91 1,042.55 1,094.68 1,149.41 81 Metering Services Attendant 992.91 1,042.56 1,094.69 1,149.42 1,206.89 181 Apprentice Line Attendant 992.91 1,042.56 1,094.68 1,149.42 1,206.89 182 i Electrical Engineering Technic an I 1,086.35 1,140.67 1,197.70 1,257.59 1,320.47 *83 Lineman/woman 1,303.54 1,368.72 1,437.16 1,509.02 1,584.47 *84 Electric Field Technician 1,369.50 1,437.98 1,509.87 1,585.37 1,664.64 85 i Electri__cal Engineering Technician II 1,403.74 1,473.92 1,547.62 1,625.00 1,706.25 *86 Electrical Sub-supervisor 1,438.83 1,510.77 1,586.31 1,665.63 1,748.91 PER MONTH 80 Groundman/woman 2,048.85 2,151.29 2,258.86 2,371.80 2,490.39 81 Metering Services Attendant 2,151.31 2,258.87 2,371.82 2,490.41 2,614.93 , , 181 Apprentice Line Attendant 2,151.31 2,258.88 2,371.82 2,490.41 2,~4.93 /82 IElectrical Engineering Technician I 2,353.76 2,471.45 2,595.02 2,724.77 2,861.01 *83 Lineman/woman 2,824.35 2,965.56 3,113.84 3,269.53 3,433.01 *84 Electric Field Technician 2,967.26 3,115.62 3,271.40 3,434.97 3,606.72 85 Electrical Engineering Technician II 3,041.43 3,193.50 3,353.17 3,520.83 3,696.87 *86 Electrical Sub-supervisor 3,117.47 3,273.34 3,437.01 3,608.86 3,789.30 PER YEAR 80 Groundman/woman 24,586.22 25,815.54 27,106.31 28,461.63 29,884.71 81 Metering Services Attendant 25,815.71 27,106.50 28,461.82 29,884.91 31,379.16 181 Apprentice Line Attendant 25,815.71 27,106.50 28,461.82 29,884.91 31,379.16 182 Electrical Engineering Technician I ._~_28,245.15 29,657.41 31,140.28 32,697.29 34,332.16 *83 Lineman/woman 33,892.14 35,586.75 37,366.09 39,234.39 41,196.11 *84 Electric Field Technician 35,607.10 37,387.46 39,256.83 41,219.67 43,280.66 85 Electrical Engineering Technician II 36,497.14 38,321.99 40,238.09 42,250.00 44,362.50 *86 ElectricaISub-supervisor 37,409.63 39,280.11 41,244.12 43,306.33 45,471.64 · SALSCH.XLS SHEET 3 Item No. 8a Date: Seotember 16. 1998 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SETTING INDUSTRIAL WASTE DISCHARGE RATES FOR FISCAL YEAR 1998-1999 REPORT: Division 4, Chapter 2, Article 8, Section 3707.9 of the Ukiah City Code requires that rates for industrial waste producers be adjusted semi-annually. The formula is based on the cost of operations at the Wastewater Treatment Plant to remove the contaminants to meet discharge standards required by our operating permit. Since the current rates are based on the costs of waste treatment prior to the Advanced Wastewater Treatment Facility becoming fully operational, it is now time to establish rates that reflect total waste treatment costs relative to the industrial customer class. The City of Ukiah currently has three customers that fall under industrial waste rates. They are Georgia Pacific, City of Ukiah Landfill, and Mendocino Brewing Company. Based on the actual operating costs for budget year 1997-1998, industrial waste rates for this year should be established for the Volume of Flow (FLOW), Biological Oxygen Demand (BOD), and the amount of Suspended Solids (SS) as outlined in Ukiah City Code Section 3707.9. The attached Memorandum from Frank Noyd of July 14, 1998 computes the recommended new rates based on the actual operating expenditures. (Continued on Page 2) RECOMMENDED ACTION: Adopt Resolution Setting Industrial Waste Discharge Rates for Fiscal Year 1998-1999. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Proposal and Direct Staff as to Alternative. Citizen Advised: N/A Proposed by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Resolution for adoption 2) Frank Noyd Memorandum of July 14, 1998. 3) Frank Noyd Memorandum of July 6, 1998. APPROVED' ~, ~,', ~an--'~Ce Horsley, City ~anager ( Page 2 ) Based on the attached information, rates should be established as follows: Flow BOD SS $1,208.76 per million gallons $238.66 per 1000 lb $174.06 per 1000 lb The recommended percentage for each treatment process was developed based on a study by Kennedy/Jenks Engineers that evaluated the revenue that would be required to finance our current Revolving Fund Loan for the Advanced Wastewater Treatment Facility and the proportion of total cost that would be contributed for each process. These percentages are defined in Frank Noyd's Memorandum as Parameter Allocation percentages from Form 4 of the Revenue Plan. The estimated impact of the new rates on the industrial customers are outlined in Frank Noyd's Memorandum of July 6, 1998. As can be seen the average paid by Georgia Pacific would increase from $97.05 to $176.29. The Mendocino Brewing Company's bill will increase from approximately $120.00 per month to $300.00 per month. The costs to the City of Ukiah Landfill, which is currently charged on a per gallon basis at the rate for septic disposal ($.01 per gallon), would decrease substantially. Since the Landfill leachate is primarily free of biological oxygen and suspended solids, the true cost of treating this industrial waste (not domestic sewerage) will be reflected in the new rate. The reduction will be approximately $435 per 50,000 gallons of industrial waste because of the minimal requirements for treatment. Staff recommends adoption of the attached Resolution to establish industrial waste discharge rates. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING INDUSTRIAL WASTE DISCHARGE RATES FOR FISCAL YEAR 1998-1999 WHEREAS, Division 4, Chapter 2, Article 8, Section 3707.9 of the City Code requires that rates for industrial discharge be adjusted semiannually; and WHEREAS, these rates have not been adjusted to include the increased operation and maintenance cost associated with the Advanced Wastewater Treatment Project within the latest semiannual period, and WHEREAS, the rates charged for treatment, as defined in the City Code, are based on three components of the waste discharge, which are Volume of Flow (FLOW), Biochemical Oxygen Demand (BOD), and Suspended Solids (SS), and WHEREAS, the amount of operational costs to treat the components have been defined by their proportional contribution to total cost of operations. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby sets rates for industrial waste discharge for fiscal year 1998-1999 as follows' FLOW: BOD: SS: $1,208.76 per million gallons $238.66 per 1,000 Lbs. $174.06 per 1,000 Lbs. PASSED AND ADOPTED on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of 1 July 14, 199~ TO: FROM: Frank N~ 0 %, RE: Industrial Waste rate based on 1997-98 approved budget, 1996 plant loading experience, and revenue plan allocations. 1997-98 budget Account 612-3505 612-3510 Item Collection system Adm. & General Collection system Maint. Collection total Amount $555,574 144,843 700,417 612-3580 Treatment Plant O&M Debt Service 962,545 200,000 Form 4 of Revenue Plan (Parameter Allocations %) O&M Treatment Plant 33 O&M Collection System 100 Debt Service 47 FLOW BOD SS 33 33 16 37 1996 Plant loading 920 MG 1,465 (lb x 1000) 2,250, (lb x 1000) Allocated Budeet O&M Treatment Plant $317,640 O&M Collection System 700,417 Debt Service 94,000 $1,112,057 $317,640 $317,640 32,000 74,000 $349,640 $391,640 Unit costs 1,208.76/MG $238.66/1000 lb $174.06/1000 lb frank lioy~"~-/ ...... Impact ofcald~l~'ted Induitrial walte fees of July 14,)q91 memo on landfill discharge Thele feel, as developed from our last project revenue plan, were as follows; flow; $1,zoS.Ifi/tliilion §aliom i]OD; SBS.bfi/)ooo lb. I1; $)74.06/)000 lb. lhe current landfill testing does not come in terms of BOO and SS a~ this formulation requires sol am using my memory of'tests IhaYe had run on this ~unoff several years ago which I recall wai in the area of~o/3o rog./! for these comtituent~. Let us then apply tf~cse ratei to a typical montl~ where the landfill discharged 50,000 gallons at ~o/~o mg./.I BOO and IS. Thil results in 50,000 gallons of Ilow contai~ing)z.5 lbs each of BOD and I'sate item (alculation flow $1,zog.76/tlG x .~0,000gallons $60.44 i~OO $ z~8.66/)ooo lb. x lz.~;ibl ~.oo SS $174.o6/]ooo lb. x lZ.~;Ibl z.lz Total Brcwery Billing at this rate: May 206,840 gal. 22 mg/l BOD 37 mg/l TSS Flow .2068MG x $1208.76/MG = $249.97 BOD 38 lbs x .2387/lb= 9.07 TSS 64 lbs x .1741/1b= 11.14 Total $270.18 Julle 225,575 gal 26 mg/l BOD 46 mg/1 TSS Flow .2256 MG x $1208.76/MG = $272.70 BOD 49 lbs x .2387/1b= 11.70 TSS 87 lbs x .1741/1b= 15.15 Total $299.55 At capacity 1.65MG/month 25 rog/1 BOD 40 mg/1 TSS Flow1.65 MG x $1208.76/MG = $1994.45 BOD 344 lbs x .2387/lb = 82.11 TSS 550 lbs x .1741/lb = 95.76 Total $2172.32 NOTE: Costs for Domestic ESSU's remains to be determined and will be additional to above. hnpact on typical GP Billing: 90,000 gallons Industrial waste 4 ESU's Domestic waste Flow 90,000gal/month BOD TSS 4 ESU's Total Current billing $ 29.48 .00 1.53 66.04 $ 97.05 Proposed billing $108.72 .00 3.00 66.O4 $176.29 ]:tern No. 8a Date: Seotember 16. 1998 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING DIVISION 4, CHAPTER 2, ARTICLE 8, SECTION 3707.9 OF THE UKIAH CITY CODE ESTABLISHING INDUSTRIAL WASTE RATES, TIME PERIOD REQUIREMENTS FOR ADJUSTMENTS AND METHOD FOR DETERMINING EQUIVALENT SEWER SERVICE UNITS FOR CERTAIN INDUSTRIES REPORT: Division 4, Chapter 2, Article 8, Section 3707.9 of the Ukiah City Code requires that rates for industrial waste producers be adjusted semiannually. Since these rates are based on actual annual expenditures, staff is recommending that Section 3707.9 be amended to require rate adjustments on an annual basis. Sewer usage fees are normally based on the amount of water used by the industrial customer, since all waste discharge would be considered domestic usage. However, the Ukiah City Code currently does not define a method for determining the Equivalent Sewer Service Units (ESSUs) for an industrial customer where water is a major component of the the product. In a case such as Mendocino Brewing it is extremely difficult to differentiate the domestic waste from the industrial waste since significant water remains in the product that leaves the site. A new calculation method, not currently in the code, is necessary to determine the domestic waste of these industries. ( Continued on Page 2 ) RECOMMENDED ACTION: Introduce Ordinance Amending Division 4, Chapter 2, Section 3707.9 of the Ukiah City Code establishing Industrial Waste Rates, Time Period Requirements for Adjustments and Method for Determining Equivalent Sewer Service Units for Certain Industries. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Proposal and Direct Staff as to Alternative. Citizen Advised: N/A Proposed by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Proposed Ordinance 2) Section 3707.9 of the Ukiah City Code. APPROVED! Can(lace Horsley, ~,i{y I~lanager INTRODUCTION OF ORDINANCE AMENDING DIVISION 4, CHAPTER 2, ARTICLE 8, SECTION 3707.9 OF THE UKIAH CITY CODE ESTABLISHING INDUSTRIAL WASTE RATES, TIME PERIOD REQUIREMENTS FOR ADJUSTMENTS AND METHOD FOR DETERMINING EQUIVALENT SEWER SERVICE UNITS FOR CERTAIN INDUSTRIES September 16, 1998 Page 2 Staff believes the City Code should include the following formula for which would apply to the domestic usage of the subject industries: 200 gal where: A = Number of Employees of the specific industry B = Hours per Shift of the specific industry C= Shifts per Week of the specific industry Y= ESSUs (Fraction to be rounded to the nearest whole number with a minimum of 1) This formula is based on one (1) ESSU for every five (5) employees over a forty (40) hour week, which would correspond to the average daily usage of a residential customer, thus the 200 gallons. Staff recommends introduction of the attached Ordinance which amends Division 4, Chapter 2, Article 8, Section 3707.9 of the Ukiah City Code to include both the change in the period for rate adjustments and the ESSU caluclation for industrial customers. ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 4, CHAPTER 2, SECTION 3707.9 OF THE UKIAH CITY CODE ESTABLISHING INDUSTRIAL WASTE RATES, TIME PERIOD REQUIREMENTS FOR ADJUSTMENTS AND METHOD FOR DETERMINING EQUIVALENT SEWER SERVICE UNITS FOR CERTAIN INDUSTRIES The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Division 4, Chapter 2, Article 8, Section 3707.9 of the Ukiah City Code is amended to read as follows' Section 3707.9 Industrial Waste Chames, The industrial waste charges for each industry shall be determined by the following forr~ula: Annual Operating Charges' Total charge per period = (A x V)+ (B x BOD) + ( C x SS). A, B, C - unit charge rates established annually by the City calculated on the previous period's costs of maintenance, operation, administration and depreciation based on the parameter allocations in accordance with Appendix E of the Revenue Guidelines for Wastewater Dated April 1983, including any amendments or revisions. V BOD SS A B C = Volume of water in million gallons per period. = Biochemical Oxygen Demand in pounds per period. = Total Suspended Solids in pounds per period. = Allocated cost for each million gallons of flow. = Allocated cost per pound of biochemical oxygen demand. = Allocated cost per pound of total suspended solids. Parameters V, BOD, and SS are measured at the entry point to the public sewer system. The City Engineer shall set minimum requirements for sampling, analysis and flow measurement for the discharge necessary to establish quantities to be used in the above formula. For industries where significant water used in the process leaves the site as a component of the product, the Equivalent Sewer Service Units for the domestic portion of the manufacturing facility will be determined as follows: AxBxC =Y 200 gal where: A = Number of employees B = Hours per Shift Ordinance No.~ Page 1 of 2 C = Shifts per Week Y = Equivalent Sewer Service Units (ESSUs) (Fractions to be rounded to the nearest whole number with the a minimum of 1) 200 gallons = Equivalent of the average daily usage of a residental customer based upon five employees over a 40 hour work week. SECTION TWO This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introducted by title only on September 16, 1998, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Adopted on AYES: NOES: ABSTAIN: ABSENT: ,1998 by the following roll call vote: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk Ordinance No. Page 2 of 2 §3707.7 §3707.9 §3707.7: INDUSTRIAL USER: Any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management & Budget; as amended and supplemented under the following divisions: A. B. C. D. E. Division A - Agriculture, Forestry and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Communication, Electric, Gas and Sanitary; Division I - Services. A user in the divisions listed may be excluded if it is determined that the user will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. (Ord. 845, §4, adopted 1985) §3707.8: INDUSTRIAL WASTE DISCHARGE MONTHLY SERVICE CHARGE: Industrial connections shall be charged such fees as the City Engineer deems reasonable to pay for additional costs, including compliance with requirements for biochemical oxygen demand removal, other treatment, gallonage of flow, and any other sewage characteristics as the City Engineer deems appropriate and as delineated hereinafter. (Ord. 845, §4, adopted 1985) §3707.9: INDUSTRIAL WASTE CHARGES: The industrial waste charges for each industry shall be determined by the following formula: Annual Operating Charges: Total charge/Period = A (V) + B (BOD) + C (SS) A, B, C - unit charge rates established semiannually by the City calculated on the previous period's costs of maintenance, operation, administration and depreciation based on the parameter allocations in accordance with Appendix E of the Revenue Guidelines for Wastewater dated April 1983, including any amendments or revisions. V = Volume of water in million gallons per period. BOD = Biochemical Oxygen demand in pounds per period. SS = Total suspended solids in pounds per period. A = Allocated cost for each million gallons of flow. B = Allocated cost per pound of biochemical demand. C = Allocated cost per pound of total suspended solids. 4078 {;3707.9 §3707.11 Parameter V, BOD, and SS are measured at entry point to public sewer system. The City Engineer shall set minimum requirements for sampling, analysis and flow measurement for the discharge necessary to establish quantities to be used in the above formula. (Ord. 845, §4, adopted 1985) §3707.10: BILLING AND COLLECTION: Billing: The regular billing period will be for each calendar month, or bi-monthly, or as determined by the Council. B, Opening and Closing Bills: Opening and closing bills for less than the normal billing period shall be for not less than one month. C, Billing Time: Bills for sewer service shall be rendered at the beginning of each billing period and are payable upon presentation. D, Penalties: If the bill is not paid within fifteen (15) days from the due date, a basic penalty of ten percent (10%) will be added thereto and on the first day of each calendar month thereafter a penalty of one-half of one percent (0.05%) of the amount of the delinquent bill shall also be added and become due. E. Collection by Suit: As an alternative to any of the other procedures herein provided, City may bring an action against a person or persons who occupied the premises when the service was rendered for the collection of the amount of the delinquent rate and all penalties and costs of collection including a reasonable attorney's fee. (Ord. 845, §4, adopted 1985) §3707.11: COLLECTION WITH OTHER UTILITY CHARGES: A, With Utility Charges: Where the person charged is a user of another utility owned and operated by City, or of another utility service furnished by a publicly or privately owned public utility which has agreed to collect on behalf of the City, the charges may be collected together with and not separately from the charges for the other utility service rendered by it. They may be billed upon the same bill and collected as one item. Bo Discontinuance of Service Upon Delinquency: Upon delinquency, the other utility service shall be discontinued until full payment of the dual charges and penalties thereon and the charges for recontinuance of service. 4O79 9a ITEM NO. DATE: September 16, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT TO PARNUM PAVING, INC. FOR ORCHARD AVENUE RECONSTRUCTION, SPECIFICATION NO. 98-12 IN THE AMOUNT OF $396,441 AND AUTHORIZE BUDGET AMENDMENT TRANSFER OF $45,688 FROM ACCOUNT 301.9833.250.000 RAIL GRADE CROSSING AT GOBBI STREET SUMMARY: The City distributed plans and specifications to eight builder's exchanges and ten contractors for Orchard Avenue Reconstruction. The City publicly advertised this project on August 18, 1998 and August 24, 1998 in the Ukiah Daily Journal. One sealed proposal was received and opened by the City Clerk on September 8, 1998. The lowest responsive, responsible bidder is Parnum Paving, Inc. of Ukiah, California with a total bid of $396,441. The Engineer's Estimate for the project is $388,457. The work under this project involves the reconstruction of Orchard Avenue from the south edge of East Perkins Street (Station 0+00) to the north edge of East Gobbi Street (Station Continued on Page 2 RECOMMENDED ACTION: Award the Contract for Orchard Avenue Reconstruction, Specification No. 98-12, to Parnum Paving, Inc. In the Amount of $396,441, and Authorize Budget Amendment Transferring $45,688 from Account 301.9833.250.000 Rail Grade Crossing at Gobbi Street ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that the award of the contract is not in the best interest of the City and not award the contract. Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Attachments: 1. Bid Tabulation 2. Bid Proposal from Parnum Paving, Inc. 3. Fiscal Year 1998/1999 Budget Sheets 4. Budget Amendment Worksheet APPROVED:' _~~ \,~J~,~l,~ :JL---, Candace Horsley, City ~anager Page 2 September 16, 1998 Award of Contract to Parnum Paving, Inc. for Orchard Avenue Reconstruction, Specification No. 98-12 in the Amount of $396,441 and Authorize Budget Amendment Transfer of $45,688 from Account 301.9833.250.000 Rail Grade Crossing at Gobbi Street 24+30). Reconstruction of the road structural section is to be accomplished by grinding the existing asphalt concrete and underlying aggregate base rock. An additional three inches of subgrade material will be removed as unsuitable material and replaced with three inches of asphalt concrete and aggregate base grindings as select aggregate backfill material. The new structural section will be nine-inches of full depth asphalt concrete which is to be placed in three lifts. The areas in front of the Title Company and the Post Office have already been widened to the full width. This widened frontage will be transitioned with a feathered overlay of three-eighths-inch asphalt concrete. The work also includes the replacement of traffic signal loop detectors on Orchard Avenue at East Perkins Street, the installation of pavement markers and thermoplastic pavement markings, and adjustments to valve covers, manhole covers, vault covers, and miscellaneous items to the new finish grades. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. Funds in the amount of $375,000 have been budgeted for this project under account 301.9816.250.000. The amount of $24,247 has been obligated for the design and preparation of the contract documents by a consultant leaving a balance of $350,753 for construction. The difference between the balance available of $350,753 and the Iow bid of $396,441 is $45,688. In discussion with the City Manager staff recommended that the City proceed with the project. It is quite likely that bid prices will increase substantially if the project scope is revised and the project is re-bid due to the lateness of the construction season. Other budgeted projects were evaluated in the context of potential SB45 funding and safety/hazard reduction to determine if funds were available within the gas tax accounts. Currently budgeted in the same Gas Tax Fund (2107) is the Improvement of the Gobbi Street Rail Grade Crossing (301.9833.250.000). After review and consideration of these two projects, staff believes that the Orchard Avenue reconstruction is of higher priority than the rail crossing improvement and that future SB45 funds could be used for this latter project. The City Manager recommends that the City Council approve the reallocation of $45,688 from the Gas Tax Fund in order to proceed with the Orchard Avenue improvement project. R.J~:AGACN 12.SIJ~I CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS J Orchard Avenue Reconstruction Specification No. 98-12 Bid Tabulation Prepared By: Rick Seanor Fund/Account No. 301-9816-250-000 BID OPENING: SEPTEMBER 8, 1998 I EA Construction Area Signs .... -~2--..-_~ .... ~ ~ Traffi c~n~ol~-e~-~ US , Flaggin~- EA ~t Water Val~ve Cover to Grade 14 3 6 ~_ EA [Adjust Sewer Manhole to Grade 3,324 / CY I Roadway Structural S~i~moval 963 ~ CY _iUnsuitable Mater~l~c~ 963 ~ C~Se_lect Aggregate Backfill Material 5,850 ! T(~N~e ~-Asphalt Co~r~te Pavement 40 I TON~e B Asphalt Concrete Overlay 672 _. ~-~h-e-~i~oplastic Pavemer~ Marking CARLILE - MACY PARNUM PAVING, INC. ENGINEER'S E~STIMA~TTE_ ..... U~Km~H~,'^ _C~A _ / UNIT TOTAL .... U-N]~ .... --~T~'I~,~L. 544 EA Pavement Marker (Non-Reflective) ~1~_4 _.. j EA i P~vem-e~ Marker (Reflective) I ' LS ~Sgnalsand Loops PRICE PRICE $175.00 $1,750.00 $241.50 $2,415.00 $5,000.00 $5,000.00 $22,105.00 $22,105.00 $7,500.00 $7,500.00 $22,104.00 $22,104.00 $200.00 $2,800.00 $326.50 ~ $4,571.00 $500.00 $1,500.00 $716.00 $2,148.00 $3OO.OO $1,800.00 $399.00 $2,394.OO $20.00 $66,480.00 $12.25 $40,719.00 $30.00 $28,890.00 $21.00 $20,223.00 $5.00 $18,297.00 $42.00 $52.00 $3.50 $2.50 $4.00 $4,700.00 TOTAL CONTINGENCY (3%) $4,815.00 $19.00 $245,700.00 $41.60 $2,080.00 $45.45 $2,352.00 $5.25' $1,3~ $4.50i $416.00 $4.50t $4,700.00 $9,843.00~ $377,143.00 TOTAL $243,360.00 $1,818.00 $3,528.00 $2,448.00 $468.00 $9,843.00 $11,314.291 $388,457.29 Date and Time Printed: 9/8/98 at 3:25 PM Filename: EEST9812.XLS CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR ORCHARD AVENUE RECONSTRUCTION Specification No. 98-12 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; to provide all superintendent, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage adsing from any act of the undersigned as Contractor;, and 3) that he or she will accept as full payment therefor the following sums: Pr¥-Y . d dE: IVT z ITEM NO. . QUANTITY 10.00 EA 1.00 LS 1.00 LS 14EA 3EA 6EA 3324 CY 963 CY BIDDING SCHEDULE DESCRIPTION AND UNIT PRICE BID in writing and in figures EXTENDED AMOUNT FOR ITEM ruction Area Signs T.,.~c Control System .g~,~ging '~'/i;~ cu... / Adjust Water Valve Cover to Grade Adjust Electdc Vaults ,$ "//~..-' Adjust Sewer Manhole to Grade '7'~P,A~ ,,,,/u,~ n_,~ /J/~..~ Roadway Structural Section Removal s /_~, Unsuitable Material Excavation / $ D. , / sp/, $, 10. 11. 12. 13. 14. 15. 963 CY 5850 Ton 40 TON 672 SQ. Ft. 104 EA LS Select Aggregate Backfill Matedal Type B Asphalt Concrete Pavement T~ B Aspha~ Concrete Overlay Thermoplastic Pavement Marking ,$ C, Pavement Marker (Non-Reflective) Pavement Marker (Reflective) $igna~ls and Loops - TOTAL BID AMOUNT In case of discrepancy between words and figures, the words shall prevail. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after wdtten notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of -~: ? ,'-~..,y,;~ ~ ~ , 19 "/~. Licensed in accordance with an act providing for the registration of Contractor's License No. ~¢ '/£,,~ ?' , expiration date //- ?~ - ~ ?' . THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signatu~-~/~of b~der or bidd~r~, with busine~//~ddresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Empioy~ lent Practices requirements of the Special Provisions contained herein. ], ~ ,/~ RECONSTRUCTIO~ OF ORCHARD AVENUE //" / // . Specj~,~tion No. 98-12 Bus--ailing AddresS': - Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and ! will comply with such provisions before commencing the performance of the work of this contract. Witness my land this CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; an( that representations indicating submission of required compliance pdor to subcontrac awards. Signature~ ~ld ~dre~ of Bidden ~ ~~/ ~/~,."/l/~~~l~/~//~ Date ~-,~-~rr /-',-'e, , ...... - (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. tg ,-. ,_) l m,.~, .c'~ . 7,~7- '~/¢ ¥-~77r 7 .f.3 r t ) / ~ ~ '7- STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. SIGNATURE S OF BIDDERS Accompanying th,!s proposal is.,~,.,.~_u_~ .~,,, (insert the words cash (SI ....,- -,, ,-~o,,,~ cnec~( or bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested Person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, Provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, Provide the first and last names in full. Licensed in accordance with an act for the registration of Contractors: License No. Signature(s) of Bidder:. Place of residence: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a Partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: ~ 7~ Dated CITY OF UKIAH Mendocino County, California s/o,~/.~,~ ~Tv c ~,~ OC/~, ~- .g-? ,/'~ b~c~ /F_.)i. / that We, BIDDER'S I~ONO KNOW ALL MEN BY THESE PRESENTS, PARNUM PAVING, INC. P.O. BOX 970, UKIAH, CA 95482 .. - , as PRINCIPAL AMERICAN HOME ASSUP~NCE COMPANY , as SURETY, are herd and firTniy bound unto the City of Uklah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of'the Principal above named, submitted by said Principal to the City of' Uklah, as the case may be, for t,e work described below, for the payment of which sum In lawful money of the United States, well and truly to ba made, to the City Clerk to whlc~ said bid was submitted, we bind ourselves, our heirs, executors, administrators and succ~..s.~3rs Jointly and severally, firmly by these prP~ent~. In no c~se shall t~ liability of the surety hereunder exceed the sum of $ (1~%) , THE CONDITION OF THIS OBLIGATION I$ SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Uklah, as aforesaid, lror certain construction specifically described as follows, for which bids am to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukleh, California, on Sop(ember 8, lgg8 [or the RECONSTRUCTION OF CRCHARD AVENUE. NOW, THEREFORE, If the aforesaid Principal Is awarded ~he contract and, within the time and manner required under the spedflc~dons, after the pm. scribed forms are presented to him or her for signatures, enters into a writlen contract, In the proscribed rom1, In accordance wit~l the bid and I~les two bonds with tJle City of' Uktah, one to guarantee fatthful performance and the other to guarantee payment for labor and materials, as required by law. then this obligation shall be null and void: offierwlse, it shall l::e and remain In full force and virtue. WHEREOF, we have hereunto set our hands and seals on this 19T.____~_H day of (Seal) _ (Seal) (Seal) AMERICAN HOME ASSURANCE COMPANY KEITH Id. NEWELL, ATTORNEY-IN-FACT Surety (Seal) (Seal) ('Seal) Address: TWO RINCON CENTER 121 SPEAR STREET SAN FRANCISCO, CA 94105 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Bond No. N/A On AUGUST 19, 1998, before me, Maria A. Quiroz, a Notary Public in and for the above county, personally appeared KEITH W. NEWELL to me personally known, who, being by me duly sworn, did state that he_/she is Attorney-in-Fact of AMERICAN HOME ASSURANCE COMPANY, a corporation organized and existing under the laws of the state of PENNSYLVANIA, that the seal affixed to the foregoint~ instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by hi_~s voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: MARCH 3, 2000 Notary Public ~557- · American Home Assurance Company ~ National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 175 Veatcr Street, Nexv York, N.Y. 10038 KNOW ALL MEN BY TIIESE PRESENTS: POWER OF ATTORNEY No. 05-B-45573 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, docs each hereby appoint --Keith W. Newell, Betty A. XValker, Mathew C. Cox, Mark Zwickel: of Los Angeles, California--- its truc and laxvful Attomcy(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, rccogni×anccs and other contracts of indcnmity and xvritings obligatory in tile nature thereof, issued in thc course of its business, and to bind tile respective company thereby. IN WITNESS WlIEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents this 17th day of Junc, 1998. Lawr~~~ National Union Fire Insurance Company of Pittsburgh, PA. Vice President, American l-lome Assurance Company STATE oF NEXV YORK } COUNTY OF NEW YORK }ss. On this 17th clay of June, 1998 before me came thc above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to mc personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. CERTI FICATI'2 Excerpts of Resolutions adopted by the Boards of Directors of American }lomc Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOI.VED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, at,thorized to appoint Attorneys-in..Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of thc Company, in the transaction of its surety business; "RESOI.VED, that thc signatures and attestations of such officers and the seal of thc Company may be affixed to any such Prover of Attorney or to any certificate, relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon thc Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indcnmity or writing obligatory it', the nature thereof; "RESOI.VED, that.any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification thc date thereof, said date to bc not later than thc date of delivery thereof by such Attorney-in-Fact." i. Elizabeth M. Tuck. Secretary of American tlome Assurance Company and of National U,ion Fire Insurance Company of Pittsburgh. Pa. do hereby certify that thc foregoing excerpts of Resolutions adopted by thc Boards of Directors of these corporations, and thc Powers of Attorney issued pursuant thereto, ;,c truc and correct, and ~.hat both thc Resolutions and thc Powers of Attorney are in fi,Il force and effect. IN WITNESS WllEREOF, I have hereunto scl my hand and affixed the facsimile seal of each corporation this ... 19TH day of AUGUST , 19 98.. ':lizabcth M. Tuck, Sccrctary ..... ~..:.,:.,;. ..... .., ..,, .,~,; .., .. ~ ..., ;.,, ..... , ;.;. ;,-,.. ~.;. ff 65166 (4/96) NON COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submittin0 his or her bid, To City Council, City of Ukiah: The undersigned in submitting a bid for performing Reconstruction Of Orchard Avenue by contract, being duly sworn, deposes and says: that he or she has not, eii~er directly or indirectly, entered into any agreement, participated in any collu~j~t~, or.othenNise taken any action in re.sf~'aint of free competitive bidding in ~er~hec~f/on with such contract. Pmside~ Business Address: Signature(s) of Bidder · Place of Residence: NOTARIZATION Subscribed and sworn to before me this Notary Public in and for the County of ./~P~/O ~'0 ~. ~'~0 California. My Commission Expires /~,,~,~ ~:,~ ~ ,~e/~sO.O0 , State of o g d I--, Z ::3 0 Z 0 (J (J 0 0 0 Z Z uJ 0 0 Z -J u~ <~ 0 Z 1,1.1 ITEM NO. 9b DATE: SEPTEMBER 16, 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PROCESS NEEDED FOR STRUCTURAL INSPECTION OF THE PALACE HOTEL BUILDING Since purchasing the Palace Hotel, its present owner has received a series of letters from the City regarding various remediation issues including an inoperable automatic fire protection system, continued unauthorized entry, broken and dangerous glass window conditions, accumulated debris, and continued transient use of the upstairs rooms. The automatic fire protection system was repaired and various attempts have been made to board up the existing entries into the building to protect against vandalism and entry. I met with the property owner, Eladia Ganulin, several years ago to discuss the possibility of improving the aesthetics of the building and to initiate the leasing of various portions of the lower floors to turn the building into a viable and respectable presence in the downtown core. Ms. Ganulin was very receptive to this idea and immediately brought workman up to the site to paint the outside of the building and remove much of the debris and trash from the interior of the building that had accumulated over the last five years. (Continued on page 2) RECOMMENDED ACTION' Direct Staff to proceed with the process of determining the structural integrity of the building, the first step being to immediately contact the property owner for permission to enter the building. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine no inspection of the Palace Hotel is to be conducted and take no action. 2. Determine adequate information is currently available regarding the hazardous condition and direct staff to initiate nuisance declaration proceedings. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Eladia Ganulin, Property Owner Candace Horsley, City Manager Candace Horsley, City Manager David Rapport, City Attorney 1. City of Ukiah Municipal Code Sections 3301 through 3310. APPROVED'LCanda¢e H~rsle¥~ CI¥ Manager PALACE HOTEL BUILDING September 16, 1998 Page 2 The City has continued to work with local real estate broker, Gary Nix, to assist with the sale of the building and have met with several interested buyers who had questions regarding zoning and economic viability of the area. Though they left the meetings very enthusiastic about the potential for the Palace Hotel, to date there has not been a lease, sale nor improvement of the property that we are aware of. We have recently been notified that Gary Nix is no longer the local broker for this property. For many years the Palace Hotel has not been heated, and several roof leaks have resulted in water damage within the interior. Despite efforts of the property owner, there is continual entry into the building through skylight and window areas. We have not been allowed into the building for any type of structural inspection, and our concern at this point is three-fold' . The Fire Chief has informed me that if there is a fire at the Palace, the Fire Department will not enter the building as they are apprehensive about the danger of collapsing floors due to water damage and potential wood rot. , Since the building continues to be broken into, there are people entering the building at great risk to themselves. Last year a young man who had attempted to enter the building was taken to the Hospital by the City's ambulance crew because he had broken his leg through a skylight. . The safety of pedestrians walking around the perimeter of the Palace is in question as there are bricks that have been damaged and are missing from the building's exterior. In accordance with Housing Code Section 201, "an owner or owner's designated agent shall be responsible for maintaining buildings in a sound structural condition, and shall be responsible for keeping all pads of the building and premises in a clean sanitary and safe condition." The City of Ukiah Municipal Code Section 3300 describes unsafe or dilapidated buildings as nuisances under the definition that "All buildings or structures which are structurally unsafe, or are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes within the City, which constitute a fire menace or are dangerous to human life, or a likely resort for vagrant or dissolute persons, may be declared a nuisance by the City Council of the City and thereafter abated as herein provided." Sections 3301 through 3310 describe the process to make such a declaration. Due to the potentially dangerous condition of the Palace Hotel, City Staff is requesting Council's approval to once again ask permission of the property owner to enter the building and have a structural engineer determine if the building is structurally sound. If permission from the property owner is not received, Staff would seek an administrative warrant to inspect the building. Once the structural engineer has completed his/her report, we will return to the City Council to determine if there is any further action to be taken. If the structure is unsound, the City could begin abatement procedures to have the building restored to a safe condition or to be demolished if the building cannot be restored. R: 1 \CM: KK APALACE §3300 CHAPTER 10 ABATEMENT OF UNSAFE OR DILAPIDATED BUILDINGS §3301 SECTION: §3300: §3301: §3302: §3303: §3304: §3305: §3306: §3307: §3308: §3309: §3310: Unsafe or Dilapidated Buildings as Nuisances May be Declared Nuisance by Resolution of Intention to Commence Abatement Proceedings Abatement by Repair, Rehabilitation, Demolition, or Removal Notice of Hearing to Abate Buildings or Structures by Removal or Repair Posting and Serving Notice and Resolution to Remove or Repair Building or Structure Form of Proper Service of Notice and Resolution on Owner Hearing by City Council in Removal or Repair Service on Owner of Resolution to abate after thirty days Record of Cost for Removal or Repair; Report Report; Hearing on and Proceeding Re Assessment of Costs Against Property; Lien §3300: UNSAFE OR DILAPIDATED BUILDINGS AS NUISANCES: All buildings or structures which are structurally unsafe, or are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes within the City, which constitute a fire menace or are dangerous to human life, or a likely resort for vagrant or dissolute persons, may be declared a nuisance by the City Council of the City and thereafter abated as herein provided. (Ord. 591, §1, adopted 1967) §3301: MAY BE DECLARED NUISANCE BY RESOLUTION OF INTENTION TO COMMENCE ABATEMENT PROCEEDINGS: Whenever any such building or buildings, structure or structures exist or are permitted upon any property within the City, the City Council may by resolution declare the same to be a public nuisance; said 3O75 §3301 §3303 resolution shall declare the intention of the City Council to commence abatement proceedings as herein provided and shall refer to the street by the name under which it is officially or commonly known and describe the property upon which such nuisance exists by giving the "Street Address and Assessor's Parcel Number" thereof and no other description of such property shall be required. The City Clerk shall forward a certified copy of said resolution to the County Recorder of Mendocino County for recordation. (Ord. 591, §1, adopted 1967; amd. by Ord. 839, § 1, adopted 1984) §3302: ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL: All buildings or structures declared to be public nuisances and ordered to be abated, hereby shall be abated by repair, rehabilitation, demolition or removal. (Ord. 591, §1, adopted 1967) §3303: NOTICE OF HEARING TO ABATE BUILDINGS OR STRUCTURES BY REMOVAL OR REPAIR: After the passage of said resolution, the Building Inspector shall cause to be conspicuously posted on the building or buildings, structure or structures, declared to be a public nuisance, a certified copy of the Resolution of Intention of the City Council of the City, and at least two (2) notices of the time and place of hearing before the City Council, which said notices shall be titled: "NOTICE OF HEARING" in letters of not less than one inch in height and shall be substantially in the following form: NOTICE OF HEARING TO ABATE BUILDING OR STRUCTURE BY REMOVAL OR REPAIR Notice is hereby given that the day of , 19 , the City Council of the City of Ukiah passed a resolution declaring that the certain unsafe or dilapidated building(s) or structure(s) consisting of located or standing upon that certain lot, piece or parcel of land situated in the City, County of Mendocino, State of California, known and designated as Number Street, in said City and more particularly described as "Street Address and Assessor's Parcel Number", in said City of Ukiah, and that the same constitutes a public nuisance and must be abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s) otherwise the same will be removed or repaired and the nuisance will be abated by the municipal authorities of the City, in which case the cost of such removal or repair shall be assessed upon the lots and land on which said unsafe or dilapidated building(s) or 3O76 §3303 §3306 structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots or land until paid. Reference is hereby made to said resolution for further particulars. All persons having any objection to, or interest in, the proposed removal or repair of such unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the City Council of the City to be held in the City Hall, on the day of , 19 , at the hour of M., of said day, when their objections will be heard and given due consideration. DATED: Thi.s day of , 19 . Building Inspector (Ord. 591, {}1, adopted 1967; amd. by Ord. 839, §1, adopted 1984) §3304: POSTING AND SERVING NOTICE AND RESOLUTION TO REMOVE OR REPAIR BUILDING OR STRUCTURE: The Building Inspector shall cause to be served upon the owner of each building or structure sought to be removed or repaired one copy of said notice and a certified copy of the Resolution of Intention of the City Council of the City, in accordance with the provisions of §3305. Said notices and resolutions must be posted and served as aforesaid, at least thirty (30) days before the time fixed for the hearing before the City Council and proof of posting and service of such notices and resolution shall be made by affidavit which shall be filed with the said City Council. (Ord. 591, §1, adopted 1967) §3305: FORM OF PROPER SERVICE OF NOTICE AND RESOLUTION ON OWNER: Proper service of said notice and resolution shall be by personal service upon the person owing the property as such person's name and address appears on the last equalized assessment roll, if he is found within the City limits, or if he is not to be found within the City limits, by depositing a copy of said notice and resolution in the U.S. Post Office properly enclosed in a sealed envelope and with the postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner, or if not known, at Ukiah, California. The service is complete at the time of deposit. (Ord. 591, §1, adopted 1967) §3306: HEARING BY CITY COUNCIL IN REMOVAL OR REPAIR: At the time stated in the notices, the said City Council shall hear and consider all objections or protests, if any, shall receive testimony from owners, witnesses and parties interested relative to the proposed removal or repair of such unsafe or 3077 §3306 §3309 dilapidated buildings or structures, and may continue the hearing from time to time. Upon the conclusion of said hearing, said City Council shall allow or overrule any and all of said objections. If said City Council finds that good and sufficient cause does not exist why said buildings or structures should not be removed or repaired, the City Council by resolution shall order the Director of Public Works to abate said nuisance after a period of thirty (30) days by having the unsafe or dilapidated buildings or structures referred to removed or repaired and he and his authorized representatives are hereby expressly authorized to enter upon private property for that purpose. (Ord. 591, §1, adopted 1967) §3307: SERVICE ON OWNER OF RESOLUTION TO ABATE AFTER THIRTY DAYS: A copy of said resolution ordering the Director of Public Works to abate said nuisance after thirty (30) days shall be served upon the owner of said property in accordance with the provisions of §3305. Any property owner shall have the right to have any such unsafe or dilapidated buildings or structures removed or repaired at his own expense, provided the same is done prior to the expiration of the thirty (30) days. (Ord. 591, §1, adopted 1967) §3308: RECORD OF COST FOR REMOVAL OR REPAIR; REPORT: The Director of Public Works shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the City Council showing the cost of repairing, rehabilitating, demolishing or removing said buildings or structures, including any salvage value of such buildings or structures and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five (5) days upon the property upon which such unsafe or dilapidated buildings or structures were situated together with a notice of the time when said report and notice shall be served upon the owner of said property, in accordance with the provisions of §3305, at .least five (5) days prior to submitting the same to the Council; proof of said posting and service shall be made by affidavit and filed with the City Clerk of the City. The term "incidental expenses" shall include, but not be limited to, the expenses and costs of the City in the preparation of notices, specifications and contracts, and inspecting the work, and the costs of printing and mailing required hereunder. (Ord. 591, §1, adopted 1967) §3309: REPORT; HEARING ON AND PROCEEDING RE: At the date and time fixed for receiving and considering said report, the City Council shall hear 3O78 §3309 §3310 and pass upon the report of the Director of Public Works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance and any other interested persons. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed, provided that said hearing or consideration may be continued from time to time. The decision of the City Council on all protests and objections which may be made, shall be final and conclusive. (Ord. 591, §1, adopted 1967) §3310: ASSESSMENT OF COSTS .AGAINST PROPERTY; LIEN: The amount of the cost for abating such nuisance upon the various lots or parcels of land, as confirmed by the City Council shall constitute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessments, respectively. After the confirmation of said report, a copy shall be turned over to each of the Assessor and Tax Collector for the County of Mendocino, whereupon it shall be the duty of said Assessor and Tax Collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency and provided for ordinary municipal taxes. (Ord. 591, §1, adopted 1967) 3079 ITEM NO. 10a DATE: September 16; 1998 AGENDA SUMMARY REPORT SUBJECT: REVIEW OF PROPOSED LEAGUE OF CALIFORNIA CITIES' RESOLUTIONS Attached for review is the League of California Cities' transmittal of the Annual Conference Resolutions. Council is asked to review each of the Resolutions and determine the City's position on each item. Councilmember Kelly, acting as the City representative, would then vote on your behalf at the Annual Conference. The League will take the direction established by California cities in these Resolutions to the next session of the State Legislature. Staff has reviewed the Resolutions and will be prepared to offer thoughts and recommendations on each of the proposals at the City Council meeting. RECOMMENDED ACTION: Review League of California Cities' proposed policy Resolutions and develop the City's position relative to each for direction to the Council's voting delegate, Councilmember Kelly. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: N/A Requested by: League of California Cities Prepared by: Karen Yoast, Executive Assistant Coordinated with: Candace Horsley, City Manager Attachments: 1. Transmittal of Annual Conference Resolutions APPROVED: '-~ Candace Horsley, City Manager 4/Can:ASRRes.98 August 24, 1998 TO: MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Note to Ci_ty Managers and CiW Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 1998 Annual Conference. If additional copies are required, we urge you to reproduce them in your city. Additional copies are not available from the League, but copies will be available at the Conference. RE: TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: I. Information and Procedure II. Guidelines for Annual Conference Resolutions III. Location of Meetings IV. Membership of General Resolutions Committee V. Preliminary History of Resolutions VI. Annual Conference Resolutions PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE -~-~- October 2-4, 1998 -- Long Beach--~ ~- I. INFORMATION AND PROCEDURE Resolutions Contained in this Packet. The League Bylaws provide that resolutions shall be referred by the President to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. This year 21 resolutions have been presented for consideration by the Annual Conference and referred to the League policy committees. Each of the policy committees met August 13 or 14 to review proposed resolutions and to formulate preliminary recommendations prior to the Annual Conference. The sponsors of the resolutions were notified of the time and place of those meetings. This packet contains a copy of all resolutions that have been received and assigned to policy committees. The source of the resolutions, the policy committees to which they were assigned, and the preliminary recommendations of the policy committees to the General Resolutions Committee are indicated. The recommended actions reported in this packet are preliminary. Consideration of Resolutions at Conference. Another meeting of policy committees will be held at the Annual Conference on Thursday, October 1. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss any resolution will have an opportunity to address the policy committee concerned. The General Resolutions Committee will meet at 2 p.m. on Friday, October 2, in the Long Beach Convention Center, to consider the reports of the policy committees. The Committee includes at least one representative of each of the League's regional divisions, functional departments, and standing policy committees. The General Assembly will convene at 1:30 p.m. on Saturday, October 3, during the Annual Business Meeting in the Long Beach Convention Center to consider the report of the General Resolutions Committee. Resolutions approved by the General Resolutions Committee and submitted to the General Assembly will retain the numbers assigned to them in this document. Initiative Resolutions. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the President of the League no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is Friday, October 2, 1998, 1:30 p.m. If the Parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Any questions concerning the resolutions procedure should be directed to Marian Avila in the Sacramento office of the League, 916-658-8224. Ronald Bates, President League of California Cities Mayor, Los Alamitos II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad city officials the opportunity to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the Board of Directors. Annual Conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is not of a purely local or regional concem. 3. Generally, the recommended policy should not restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committees and Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League Bylaws. Resolutions to amend the League bylaws will require a two-thirds vote by the General Assembly for approval. iii III. LOCATION OF MEETINGS Policy Committee meetings will be as follows: Thursday, October 1, 1998 - 3 p.m. and 4 p.m. Hyatt Regency Hotel - Long Beach Policy Committee Time Administrative Services Community Services Environmental Quality Transp., Communications & Public Works 3 p.m. 3 p.m. 3 p.m. Employee Relations Housing, Comm. & Econ. Development Public Safety Revenue and Taxation 4 p.m. 4 p.m. 4 p.m. General Resolutions Committee Ballroom 2 - Long Beach Convention Center (Friday, October 2, 1998 at 2 p.m.) General Assembly at the Annual Business Meeting Ballroom 1 - Long Beach Convention Center (Saturday, October 3, 1998, at 1:30 p.m.) IV. GENERAL RESOLUTIONS COMMITTEE League of California Cities 100th Annual Conference - Long Beach, October 2-4, 1998 Chair: Vice Chair: Parliamentarian: John Ferraro, Council President, Los Angeles Oscar Rios, Council Member, Watsonville Arlen Gregorio, Attorney at Law, San Francisco John Abbott, Mayor, Hesperia Don Bankhead, Mayor, Fullerton Jane Bartke, Mayor, E1 Cerrito Bob Bartlett, Mayor, Monrovia Robert Biery, Finance Dir., Thousand Oaks Irwin Bornstein, Admin Svcs. Dir., Mission Viejo Bob Brown, Comm. Devel. Dir., San Rafael Laurann Cook, Mayor, Fountain Valley Becky Dennis, Vice Mayor Pleasanton Ramon A. Diaz, City Manager, Palm Desert Mike Doyle, Council Member, Danville Steve Eckis, City Attorney, Poway Nadine Felix, Dep. Dir. Convention/Arts Entertainment, San Jose Patricia Figueroa, Council Member, Mountain View Armando Flores, Council Member, Rohnert Park Gilbert Garcia, Council Member, Santa Barbara Lee Ann Garcia, Council Member, Grand Terrace Stewart Gary, Fire Chief, Livermore Peter Green, Mayor Pro Tem, Huntington Beach Gilbert Grijalva, Mayor Pro Tem, Calexico Casey Gwinn, City Attorney, San Diego Lauren Hammond, Council Member, Sacramento Joe Hilson, Council Member, Hayward Terry Johnson, Deputy Mayor, Oceanside Trixie Johnson, Council Member, San Jose Helen Kawagoe, City Clerk, Carson Craig Lake, Mayor Pro Tem, Lemon Grove John Leonard, Council Member, Mill Valley Art Madrid, Mayor, La Mesa Sheridan Malone, Mayor, Ukiah Anthony Martinez, Mayor, Delano Jim Mastin, Vice Mayor, Ukiah Jos6 Medina, Supervisor, San Francisco Mark Montemayor, Council Member, W. Sacramento Beverly O'Neill, Mayor, Long Beach Robert Pinzler, Council Member, Redondo Beach James Ross, Exec. Dir. Pub. Wks, Santa Ana Don Sanders, Council Member, Colton Mike Siminski, Council Member, Lompoc Jeffrey Stone, Council Member, Temecula Barbara Sullivan, Council Member, Merced Larry Todd, Police Chief, Los Gatos, Monte Sereno John Torres, Human Resources Dir., Corona Sam Torres, Council Member, Perris Liz Williams, Mayor, Gonzales V. HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned Please note some resolutions may have been assigned to more than one committee. These resolutions are noted by this sign ( ,). KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee - Preliminary A - Approve 2. Policy Committee - Final D - Disapprove 3. General Resolutions Committee N - No Action 4. General Assembly Action Footnotes * Subject matter covered in another resolution ** Policy Committee will make final recommendation at October 1 meeting R_ Refer to appropriate policy committee for study a - Amend Aa- Approve as amended Approve with additional amendment(s) *** Existing League policy Ra- Amend and refer as amended to appropriate policy committee for study **** Local authority presently exists Raa - Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na- Amend (for clarity or brevity) and take No Action [Note: Under existing rules, only those resolutions with an approve recommendation from the General Resolutions Committee and all qualified petitioned resolutions are reported on the floor of the General Assembly. If Resolution #2 in this packet is approved by the General Assembly, it will be effective immediately. It would give the General Assembly the additional opportunity to consider any resolutions approved by the policy committee but not approved by the General Resolutions Committee. Consideration of any such resolution must first be approved by a majority of voting delegates.l vi Number Key Word Index Reviewing Body Action COMMITTEE ON ADMINISTRATIVE SERVICES 1 2 3 4 1 "Better Cities--A Better Life"; Resolution Relating to the League's Centennial A 2 Supporting Full Participation and Debate on Resolutions at the Annual Conference A 3 League Policy Development Process D 4 Campaign Reform N 5 Local Government Liability Aa COMMITTEE ON COMMUNITY SERVICES 6 'Before- and After-School Care Programs Aa 7 Child Care N 8 Youth Employment Aa · 9 Juvenile Crime and Public Safety Aa , ,, COMMITTEE ON EMPLOYEE RELATIONS 10 Social Security Mandate Aa 11 Employment Support Initiative Ra COMMITTEE ON ENVIRONMENTAL QUALITY 12 Labeling of Forest Products Aa 13 Quantification of"Cool Community" Strategies' A · 14 Alternatively-Fueled, Heavy-Duty Vehicles A COMMITTEE ON HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT Building Codes I 2 3 vii Number Key Word Index Reviewing Body Action COMMITTEE ON PUBLIC SAFETY · 9 Juvenile Crime and Public Safety R 16 Sexual Assault Crimes Aa 17 Emergency Medical Services Aa 18 Traffic Control on State Highways R COMMITTEE ON REVENUE AND TAXATION 19 Property Tax Ai~peal Process A 20 Federal Excise Tax on Heating Oil A ,, , COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS · 14 Alternatively-Fueled, Heavy-Duty Vehicles A 21 Operation and Maintenance of State Highways Within Cities A RESOLUTIONS INITIATED BY PETITION Resolution Committee Recommendation General Assembly Action PolicyXacres\table98.doc VI. ANNUAL CONFERENCE RESOLUTIONS Resolutions Referred to Committee on Administrative Services lo "BETTER CITIES--A BETTER. LIFE"; RESOLUTION RELATING TO THE LEAGUE'S CENTENNIAL Source: League Board of Directors Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, for one hundred years, the League of California Cities has provided the opportunity for the exchange of ideas and experience among all city officials toward making the theme of this year's centennial celebration, "Better Cities--A Better Life, "a reality for the residents in all our communities; and WHEREAS, California cities have gained strength and valuable services by working together through the League of California Cities; and WHEREAS, city officials applaud the outstanding contributions of countless colleagues who do or have served the League on the board of directors, in regional divisions, functional departments, policy committees, as its dedicated staff, or in other capacities; and WHEREAS, the League of California Cities is celebrating its centennial anniversary at the 1998 annual conference; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that its congratulations and sincere appreciation are hereby expressed to current and past city officials and staff of the League of California Cities, whose continuous involvement and efforts have benefited every city in California; and be it further RESOLVED, that the League and the cities of California hereby pledge to redouble their joint efforts of collaboration to ensure continuing and increasing effectiveness through working together. 0000000000 o RESOLUTION SUPPORTING FULL PARTICIPATION AND DEBATE ON RESOLUTIONS AT THE ANNUAL CONFERENCE Source: Desert Mountain Division, Administrative Services Policy Committee Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities is founded on the principles of local control and interagency cooperation and is a voluntary membership association of California cities, representing a broad-based and diverse population with each member city having equal status; and WHEREAS, the League of Califomia Cities' annual conference is a gathering of thousands of city officials from throughout California to learn from their colleagues, to study, debate and formulate positions on issues important to local government; and WHEREAS, each city is represented at the conference by its voting delegate, who participates in the policy development process during the General Assembly; and WHEREAS, the League of California Cities encourages city officials to become active participants in setting League policy; and WHEREAS, the annual conference resolutions offer an additional means to direct the future of cities by focusing public and media attention on major issues, establishing a general direction for the League, and considering important issues not already addressed by the policy committees and board of directors; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League adopt the policy that every resolution, when recommended for approval and adoption by the League policy committee charged with reviewing said resolution by the League president and recommended for disapproval, referral, or no action by the General Resolutions Committee, which is charged with the responsibility of bringing forward resolutions for action before the General Assembly, be placed upon the consent agenda at the time of the General Assembly with the written recommendations and a brief description of the bases for such recommendations from both the policy committee and the General Resolutions Committee, for the purposes of allowing the General Assembly the opportunity for full debate of said resolution; and be it further RESOLVED, that any resolution so placed on the consent agenda of the General Assembly for ratification of the action of the General Resolutions Committee may be moved to the floor of the General Assembly by a motion from any voting delegate requesting the opportunity to fully debate that resolution. If upon a majority vote of the General Assembly the request for debate is approved, the General Assembly shall have the opportunity to debate the resolution fully and subsequently take a vote thereon; and be it further RESOLVED, that the League continue to support and maintain policies that assure respect, consideration and full participation of all members to assure that the League's policies and programs are responsive to the concerns of and are fully supported by all member cities. 0000000000 3. RESOLUTION RELATING TO LEAGUE POLICY DEVELOPMENT PROCESS Source: City of Carson Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities is founded on the principles of local control and interagency cooperation and is a voluntary membership association of California cities, representing a broad-based and diverse population with each member city having equal status; and WHEREAS, the League of California Cities' annual conference is a gathering of thousands of city officials from throughout California to learn from their colleagues, to study, debate and formulate positions on issues important to local government; and WHEREAS, the League of California Cities encourages city officials to become active participants in setting League policy as members of the various policy committees or by presenting testimony and/or information to the various policy committees and the General Resolutions Committee; and WHEREAS, the League policy development process provides for the timely and adequate notice for the review of all proposed resolutions by city councils, regional divisions, functional departments and policy committees prior to the annual conference; and WHEREAS, proposed annual conference resolutions are considered, discussed and acted upon a minimum of two (2) times by the respective policy committee prior to submittal to the General Resolutions Committee; and WHEREAS, two-thirds (2/3) of the General Resolutions Committee members must be mayors and council members with a composition of a minimum of thirty (30) members with one representative to be nominated by each policy committee, regional division, and functional department and appointed by the League president, all of whom give careful thought and consideration to each and every resolution before making their final recommendation to the General Assembly; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support and maintain the current policy committee development process relating to "Annual Conference Resolutions Process" as delineated in Chapter IV of the Policy Manual of the League of California Cities. 0000000000 4. RESOLUTION RELATING TO CAMPAIGN REFORM Source: City of Lompoc Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, during recent elections citizens across the nation have observed an overwhelming amount of special interest campaigning; and WHEREAS, these special interest campaigns receive mostly unregulated donations and create an undue influence on the election process; and WHEREAS, the inequity created by the unregulated, unlimited donations that lack disclosure requirements needs to be resolved by federal campaign finance reform; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League urge the National League of Cities to support federal legislation to reform special interest campaigning to prevent unregulated, unlimited and inadequate disclosure requirements; and be it further RESOLVED, that the League also encourage the state of California to consider similar legislation. 0000000000 5. RESOLUTION RELATING TO LOCAL GOVERNMENT LIABILITY Source: City of Anaheim and Orange County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, there is currently no special legislation to protect local government against claims for property damage caused by hillslides and mudslides; and WHEREAS, local government is often perceived by property owners as the "insurer of last resort" since homeowner's insurance policies do not cover hillslide and mudslide property damage; and WHEREAS, it is impossible for local government to predict, and therefore, protect against, property damage from natural disasters such as hillslides and mudslides at the time developments are approved or accepted; and WHEREAS, California Code of Civil Procedure § 337.15 provides that, "[n]o action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for... (1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property [or] (2) Injury to property, real or personal, arising out of any such latent deficiency;" and WHEREAS, Assembly Member Scott Baugh introduced legislation (AB 2631) on behalf of the City of Anaheim to extend the protections of Code of Civil Procedure §337.15 to local government, which subsequently failed in the Assembly Judiciary Committee; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League and the Orange County Division cosponsor legislation during the 1998-99 legislative session to extend the protections of Code of Civil Procedure §337.15 to local government. 0000000000 Resolutions Referred to Committee on Community Services 6. RESOLUTION RELATING TO BEFORE-AND AFTER-SCHOOL CARE PROGRAMS Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, the Urban Institute reports that in 1990 approximately 5,337,000 school-age children, ages 5 to 17 years of age, were living in California; and WHEREAS, every child should have equal access to a variety of programs and services that serve to stimulate his or her physical and intellectual development in safe, structured environments; and WHEREAS, before-school, after-school and weekend programs that provide school-age children with positive activities in adult-supervised settings can promote academic and personal achievement and prevent juvenile crime and violence; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation for: o The state to assist local governments and school districts to maximize resources to expand and enhance diverse before-and after-school programs and weekend programs that meet the needs of all families; 2. The state to increase funding for before-and after-school and weekend programs for school- age children; 3. The creation of partnerships among schools, community groups, public and private agencies to develop before-and after-school programs and weekend programs be supported. 7. RESOLUTION RELATING TO CHILD CARE Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, the National Child Care Information Center reports that, in 1995 in California, 4,349,699 children under the age of 18 were members of families with working parents; and WHEREAS, the number of families in need of public assistance and in need of affordable, quality care for their children will continue to increase because of the recently enacted revisions to welfare legislation which require recipients of public assistance to work; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League urge' 1. The National League of Cities to support the increase in funding for federal initiatives to expand child development services; . The state to adopt legislation that would increase resources for local communities to increase and expand the supply of child care and to improve its quality; 3. The state to expand assistance for child care so that quality child care is affordable for families and providers; . The state to adopt legislation enabling, encouraging and assisting local government to increase child care planning and facility development and to establish a strategic plan for the delivery of child care services; o The state to adopt legislation that creates incentives for employers and developers to support the expansion of local child care infrastructure through program and facility development; o The state to adopt legislation that will strengthen licensing standards and enforcement to ensure that children are being cared for in safe and nurturing environments while parents are at work; ° The state to adopt measures that would provide funding to train and compensate child care professionals in accordance with standards developed by national organizations, for example, the National Association for the Education of Young Children; and 8. The state to adopt legislation that would extend the existing child care income tax credit to families earning up to 150% of the state median income level. 0000000000 8. RESOLUTION RELATING TO YOUTH EMPLOYMENT Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, the Children's Defense Fund reports that employment and economic opportunities for America's youth have steadily declined over the past 25 years; and WHEREAS, recent studies have determined that a link exists between lack of job opportunities for youth and juvenile crime; and WHEREAS, in 1995 the federal government decreased funding for youth employment programs by 80 percent (Job Training Partnership Act, Title II © JTPA), from $600 million to less than $130 million (Source: Children's Defense Fund); and WHEREAS, the overall funding allocated to job training programs has decreased over the past years while the number of youth eligible to participate in the programs has steadily increased; and WHEREAS, federal, state and local governments should develop and fund effective youth training, education and employment programs to ensure the successful transition of youth into the labor market; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support state activities to: . Request the National League of Cities to encourage the federal government to modify existing federal income eligibility requirements for youth job training and placement programs to include the children of the working poor and to provide additional funding for youth job training programs; , Assist and support the efforts of local government agencies to create stronger linkages between municipal services and school-based job training programs in order to create more job placement opportunities; 3. Support state legislation that provides funding to develop and maintain youth job training and placement programs and job opportunities programs on a year-round basis; . Support state legislation that creates tax incentives to encourage community-based businesses to recruit local youth for meaningful employment opportunities with good pay and increased responsibility. OOOOOOOOOO ,9. RESOI.UTION RELATING TO JUVENILE CRIME AND PUBLIC SAFETY Source: Los Angeles County Division Referred to: Community Services and Public Safety Policy Committees Preliminary Recommendation to General Resolutions Committee Community Services: Approve as amended Public Safety: Refer to appropriate policy committee for stud~ Final Recommendation to General Resol. utions Committee: WHEREAS, community efforts to reduce juvenile crime by promoting and implementing comprehensive prevention and intervention programs are key strategies in promoting positive outcomes for youth and keeping children and families safe; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support state legislation that invests in effective community-based prevention and early intervention programs and strategies to deter juvenile crime, and encourages partnerships among parents, schools, community groups and law enforcement agencies. 0000000000 Resolutions Referred to Committee on Employee Relations 10. RESOLUTION RELATING TO SOCIAL SECURITY MANDATE Source: Personnel and Employee Relations Department Referred to: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, existing policy of the League of California Cities is to oppose mandatory Social Security for public employers and employees; and WHEREAS, the proposed Social Security tax for public sector employers is a short-term, stop- gap measure that will not address the long-term solvency of the Social Security program; and WHEREAS, California public employers and employees have retirement programs in place, and an additional retirement program and tax would be an unnecessary expenditure of taxpayer dollars; and WHEREAS, the proposed new tax will result in unfunded, increased costs to city budgets as employee retirement costs increase; and WHEREAS, the proposed new tax will have a negative impact on labor relations, recruitment, employee morale, and benefit structures; and WHEREAS, it is recommended that Social Security reform efforts focus on the long-term restructuring of the Social Security system; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League reaffirms its policy to oppose a new mandatory Social Security tax for public employers and public employees. 0000000000 11. RESOLUTION RELATING TO EMPLOYMENT SUPPORT INITIATIVE Source: Personnel and Employee Relations Department Referred to: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and refer as amended to appropriate policy committee for study. Final Recommendation to General Resolutions Committee: WHEREAS, Congress has passed welfare reform legislation requiring greater aggressiveness from the states in reducing the welfare rolls; and WHEREAS, increasing individual economic self-sufficiency is an appropriate vehicle for reducing ongoing dependency on public support; and WHEREAS, increasing access to employment is as critical a component of enhancing individual self-sufficiency as is skill development; and WHEREAS, cities and counties constitute large employers in California; and WHEREAS, public employers' employment policies and actions should serve as role models to private sector employers to further good public policy; and WHEREAS, a reduction in the welfare population enhances the quality of life in a community; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support cities' efforts to adopt local policies to support the successful transition of individuals from welfare to work; and be it further RESOLVED, that the League support cities' efforts to encourage partnerships with county social service programs to facilitate employment opportunities within city government to qualified, but economically disadvantaged candidates. 0000000000 Resolutions Referred to Committee on Environmental Quality 12. RESOLUTION RELATING TO LABELING OF FOREST PRODUCTS Source: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, natural ancient forests provide very significant habitat for birds and other wildlife, including those that are threatened or endangered with extinction, yet the remaining natural ancient forests of the world face tremendous pressure from logging activities that can result in soil erosion and other damage to natural habitats and waterways; and WHEREAS, standards for the management of forests to balance the needs of wood and paper production with the important environmental functions provided by forests have been developed by an international, non-profit independent organization known as the Forest Stewardship Council (FSC); and WHEREAS, these standards ensure that forests are managed in a manner that both protects the important functions of forests while also providing forest landowners with economic value of their timber resources; and WHEREAS, the FSC, which is comprised of representatives of the timber industry, environmental organizations, forestry professionals, indigenous people's organizations, and product certification organizations from more than 225 countries, accredits organizations that certify timber companies as operating in accordance with FSC guidelines for forest management; and WHEREAS, the FSC' s broad membership includes many California companies such as Collins-Pine Company, Big Creek Lumber Company, Scientific Certification Systems and other companies in the United States, such as Home Depot, Colonial Craft Furniture, Bernis Manufacturing Company, Harwood Products, and the Seven Islands Land Company, as well as many environmental organizations, such as the Sierra Club, the Natural Resources Defense Council, the Rainforest Action Network, the Rainforest Alliance, Greenpeace International, the Environmental Defense Fund, Friends of the Earth, the Defenders of Wildlife, and the World Wildlife Fund; and WHEREAS, producing wood and wood products in accordance with FSC guidelines could provide California and U.S businesses with a significant marketing advantage over other manufacturers since the public has demonstrated its willingness and desire to support environmentally-sound products and services; and WHEREAS, cities procure many wood products including tropical hardwood for wharf and other oceanfront facilities and redwood for recreation and parks facilities, for which certified wood is available as an alternative and whose procurement would ensure that forests are protected; and WHEREAS, cities and other consumers of wood products would benefit from knowing whether the wood they purchase has been produced in a manner consistent with FSC guidelines so that they 10 may make informed choices about how the wood products that they purchase affect the forests from which they are produced; now, therefore, be it resolved RESOLVED, by the General Assembly of the League of Califomia Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League urge member cities to purchase products that have been certified to meet international standards promulgated by the Forest Stewardship Council. 0000000000 13. RESOLUTION RELATING TO QUANTIFICATION OF "COOL COMMUNITY" STRATEGIES Source: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, scientific studies have shown that average daily temperatures in urban areas are higher than those of surrounding suburban and rural areas; and WHEREAS, this effect, known as the "urban heat-island effect," is the result of the greater percentage of dark surfaces such as roofs, roadways, and parking lots and the lesser percentage of trees that provide important shade; and WHEREAS, these temperature increases raise the demand for electricity for air conditioning, increasing utility bills and also speed the formation of ozone air pollution, which is a serious health risk; and WHEREAS, strategies to reduce the "urban heat-island effect" include strategic tree planting to shade buildings and dark heat absorbent surfaces such as parking lots and streets and also include lightening such surfaces to reduce their absorption of solar heat; and WHEREAS, local governments lack adequate funding for the planting and the ongoing maintenance of trees; and WHEREAS, if the air quality improvement effects of these strategies could be quantified, then they may be used to generate valuable air pollution credits that may generate revenue for ongoing maintenance efforts; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislative or regulatory efforts to quantify the air quality benefits of strategic tree planting and other "cool community" measures to allow such strategies to be used as a creditable measure under the State Implementation Plan. 0000000000 11 · 14. RESOLUTION RELATING TO ALTERNATIVELY-FUELED, HEAVY-DUTY VEHICLES Source: Los Angeles County Division Referred to: Environmental Quality and Transportation, Communications and Public Works Policy Cmnmittees Preliminary Recommendation to General Resolutions Committee: Environmental Quality: Approve Transportation, Communications and Public Works: Approve Final Recommendation to General Resolutions Committee: WHEREAS, despite recent improvement, residents of California continue to suffer from among the worst air quality in the nation; and WHEREAS, motor vehicles, including diesel-burning, heavy-duty vehicles, are responsible for a significant portion of the state's emission inventory; and WHEREAS, diesel exhaust is a suspected carcinogen and the State of California has proposed to classify it as a toxic air contaminant; and WHEREAS, great progress has been made in the development of alternatively-fueled clean technology for light-duty vehicles, but less progress has been made in developing cleaner alternatively- fueled, heavy-duty vehicles; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation to provide funding, technical assistance, and regulatory support for the development and demonstration of alternatively- fueled, heavy-duty vehicles. 0000000000 Resolutions Referred to Committee on Housing, CommuniW And Economic Development 15. RESOLUTION RELATING TO BUILDING CODES Source: Inland Empire Division Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Policy committee will make final recommendation at October 1 meeting Final Recommendation to General Resolutions Committee: WHEREAS, cities' efforts to assure safe buildings for their communities are greatly simplified by the local adoption of model building codes; and WHEREAS, an integral component of the model building codes is the participation and voting of city representatives on various code proposals; and WHEREAS, a national effort to integrate the three regional codes used in the United States will open markets, foster new technology, and simplify the construction process; and 12 WHEREAS, the Intemational Code Council, which is comprised of voting members from cities and counties, is to be commended for coordinating the effort to unify our codes; and WHEREAS, the public voting process on model codes, such as the Intemational Code Council codes, helps ensure that special interests do not have undue influence over the code development process; and WHEREAS, California's cities are among the most active participants in the International Code Council process; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League endorse the purpose of the International Code Council and encourage its member cities to participate in the code process to assure that California's interests continue to be appropriately reflected in the adoption of the International Code Council codes. 0000000000 Resolutions Referred to Committee on Public SafeW ,9. RESOLUTION RELATING TO JUVENILE CRIME AND PUBLIC SAFETY Resolution #9 referred also to Committee on Community Services. For recommendation, see Community Services section. 0000000000 16. RESOLUTION RELATING TO SEXUAL ASSAULT CRIMES Source: Public Safety Policy Committee Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, aggravated assaults occur every 31 seconds in the United States and many of these assaults are of a sexual nature; and WHEREAS, a rape occurs in this nation every six minutes and 87 percent of rapes are by force and violence; and WHEREAS, crimes committed by sexual predators are very often solved based upon the collection and analysis of trace evidence; and WHEREAS, the collection of such trace evidence is difficult and requires the use of specially trained medical professionals to ensure that the evidence is properly collected and made ready for analysis, as well as to ensure that collection does not add to the victim's trauma; and WHEREAS, the analysis of such evidence is equally difficult and challenging and requires costly and highly accurate scientific testing instruments including, but not limited to, DNA, spectrum analysis, and blood and serum analysis; and 13 WHEREAS, California's forensic laboratories are underfunded and overburdened by crimes of a sexual nature; and WHEREAS, California police agencies frequently pay between $750 and $1,000 for such medical exams, collection of evidence, and testing; and WHEREAS, it is fair, prudent and consistent with past statewide policy that those who cause such services to be used should pay for those services; and WHEREAS, the sexual predator by his or her actions has caused an expense to local government, and the sexual predator should pay for that extra expense; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation that imposes, on any defendant convicted of a sexual assault crime, a fine that would be for the purpose of reimbursing local government entities for the total cost of any medical examination, and evidence collection and testing required. 0000000000 17. RESOLUTION RELATING TO EMERGENCY MEDICAL SERVICES Source: City of Santa Clara Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act ("the EMS Act") was enacted by the California State Legislature in 1980; and WHEREAS, the EMS Act has been recently interpreted by the California Supreme Court in the San Bemardino case precluding cities and fire districts from expanding the level and scope of their prehospital medical care beyond that which was provided in 1980 without the approval of county governing bodies; and WHEREAS, the EMS Act has reduced cities' and fire districts' ability to determine the type and level of prehospital emergency medical care provided within their boundaries; and WHEREAS, according to the EMS Act, the emergency medical service providers operating within city and fire district boundaries are responsible to county governing bodies and not city councils or fire district boards; and WHEREAS, cities and fire districts are precluded from holding those emergency medical transport providers (ambulance companies) operating under county authority accountable for the type and level of service delivered to their residents and visitors; and 14 WHEREAS, cities and fire districts have a public-safety-driven motivation to ensure that their citizens and visitors receive prompt and high-quality emergency medical services; and WHEREAS, the General Assembly of the League of California Cities, assembled in annual conference in San Francisco, October 14, 1997, did adopt a resolution and introduced legislation in 1998, AB 2586 authored by Assembly Member Deborah Ortiz, and cosponsored with the California Fire Chiefs Associations, the Fire District Association of California, California Professional Firefighters Association, and California State Firefighters Association, which sought to amend the EMS Act to assure a more inclusive role by local government related to EMS delivery; and WHEREAS, the League of California Cities, by policy, supports and strives to ensure local control of those matters that directly influence the residents and visitors of their communities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League work with other interested parties to restore balance to the local control of EMS, and if an when necessary, the League cosponsor with the California Fire Chiefs Associations, the Fire District Association of California, California Professional Firefighters Association, and California State Firefighters Association, legislation to authorize cities and fire districts to prescribe and monitor the manner and scope of prehospital emergency medical services provided within their boundaries for the purpose of increasing the level of prehospital emergency medical service; to authorize cities and fire districts at their discretion to increase the level of emergency medical services provided within their boundaries, to and including the provision of prehospital emergency medical transport through ambulance services; to coordinate the provision of prehospital emergency medical services with the local emergency medical service agencies; and to authorize cities and fire districts to strategize in the cost recovery associated with the provision of prehospital emergency medical services to medically indigent individuals within their communities. 0000000000 18. RESOLUTION RELATING TO TRAFFIC CONTROL ON STATE HIGHWAYS Source: City of Malibu Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Refer to appropriate policy committee for study Final Recommendation to General Resolutions Committee: WHEREAS, the California Highway Patrol currently patrols freeways within cities and provides traffic law enforcement services to all unincorporated county territory throughout the state; and WHEREAS, under the current state policy cities with freeways and counties all receive an indirect state subsidy through the presence of this law enforcement service at no direct cost to the local agency, while cities that have state highways that are not freeways do not receive this same additional law enforcement benefit; and 15 WHEREAS, this impact is felt especially in cities that have state highways that serve major recreation destinations or serve as major non-freeway commuter routes where the additional traffic control and law enforcement impact caused by traffic on such routes reaches freeway volumes; and WHEREAS, as a result such routes represent a major non-recoverable financial burden to police with the impacted cities having no ability to reduce these added impacts or find ways to charge users for these costs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation that would provide the same level of California Highway Patrol coverage on all state highways through cities, just as coverage is provided for freeways and county unincorporated territory if requested by a city. 0000000000 Resolutions Referred to Committee on Revenue and Taxation 19. RESOLUTION RELATING TO PROPERTY TAX APPEAL PROCESS Source: Orange County Division Referred to: Revenue & Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee' and WHEREAS, California cities must rely on property tax revenue as a primary source of income; WHEREAS, procedures applicable to appeals of property tax assessments do not routinely provide for notification to affected public entities of such appeals; and WHEREAS, an appeal, if successful, may result in a substantial reduction of income to cities, thereby having a negative impact upon city budgeting, provision of services, and issued bonds; and WHEREAS, California cities support changes to the State of Califomia's property tax appeals process that will provide greater financial protection to cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Am~ual Conference in Long Beach, October 3, 1998, that the League support legislation implementing the following reforms to the property tax appeals procedures: 1. Each public agency receiving property tax revenue shall have legal standing to appear and be heard in connection with any property tax appeal affecting property tax revenue to be received by such agency. 2. Each public agency receiving property tax revenue shall be given reasonable notice of the filing of a property tax assessment appeal, applicable filing deadlines, and the date or dates of any 16 hearings to be conducted in connection therewith, where such appeal may affect property tax revenue to be received by such public agency. 3. At least one member of the property tax assessment appeals board shall be a representative of cities and redevelopment agencies within the county and shall be selected by the appropriate League Division, League of California Cities, or by such other entity as may be competent to select a representative to adequately represent the interest of such cities and redevelopment agencies at hearings on property tax assessment appeals. 0000000000 20. RESOLUTION REI,ATING TO FEDERAL EXCISE TAX ON HEATING OIL Source: City of Fort Bragg Referred to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, the Taxpayers Relief Act of 1997 contains a provision for collection of an excise tax of $0.244 per gallon of clear, undyed kerosene or Heating Oil # 1; and WHEREAS, these fuels have occasionally been blended with diesel fuel, an illegal practice that avoids payment of the tax when the fuel is sold for highway use; and WHEREAS, kerosene and Heating Oil # 1 are a primary fuel for homes and industry in cities where natural gas is not available; and WHEREAS, purchasers of kerosene or Heating Oil #1 may use red-dyed fuel, which is exempt from the excise tax by federal law, except that there is no supply of dyed fuel in California; and WHEREAS, dyed fuel is toxic, as breathing the dye after combustion aggravates respiratory problems and can damage kidneys or the liver after prolonged exposure; and WHEREAS, purchasers of kerosene or Heating Oil # 1 must pay the excise tax as though it is being sold for highway use; and WHEREAS, the only way for purchasers to obtain a refund is to file a claim on the following year income tax return; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support and urge the National League of Cities to support federal legislation that: 1. Repeals the excise tax on kerosene and Heating Oil #1; and 2. Eliminates the need for filing a claim for refund of the tax as part of the income tax process; 17 3. Increases the enforcement of existing law that prohibits avoiding the excise tax on fuel sold for highway use. 0000000000 Resolutions Referred to Committee on Transportation, Communications and Public Works ,14. RESOLUTION RELATING TO ALTERNATIVELY-FUELED, HEAVY-DUTY VEHICLES Resolution #14 referred also to Committee on Environmental Quality. For recommendation, see Environmental Quality section. 0000000000 21. RESOLUTION RELATING TO OPERATION AND MAINTENANCE OF STATE HIGHWAYS WITHIN CITIES Source: City of Malibu Referred to: Transportation, Communications and Public Works Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, no one knows the operating and maintenance needs of state highways that traverse cities better than the residents, businesses and city governments through which they run; and WHEREAS, no one is more adversely impacted when such state highways are not properly operated and maintained than these same residents, businesses and city governments; and WHEREAS, at the present time there is no requirement or incentive for local CALTRANS officials to meet with or heed the requests of local officials in assuring that the standard of operation and maintenance is such that the needs of the local community are adequately addressed; and WHEREAS, this problem could be addressed by simply requiring that a procedure be established for cities to file formal requests to local CALTRANS officials, with copies to CALTRANS headquarters and to State Assembly and Senate representatives for corrective measures to be taken to address local concerns about operational and maintenance standards; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation that would provide for a procedure for cities that have state highways within their jurisdictions to file formal requests to local CALTRANS district offices to take corrective action concerning operational and maintenance problems being experienced by the local community that need to be addressed by the state. 18 10b ITEM NO. DATE: SEPTEMBER 16, 1998 AGENDA SUMMARY REPORT SUBJECT: DESIGNATION OF CITY REPRESENTATIVE TO RUSSIAN RIVER WATERSHED COMMUNITY COUNCIL The newly instituted Russian River Watershed Community Council (RRWCC) held a formation meeting in Cloverdale on August 22 with the first meeting of the interim Council to take place on September 12. The City received an informational packet regarding the RRWCC which noted that a seat has been designated for a representative of the City of Ukiah. At this time there is no specific City delegate to the RRWCC and City Council action to formalize an appointment should be made. Vice Mayor Mastin was previously selected by the Council to represent the City in watershed related issues and has expressed his interest in serving on the RRWCC if approved by the City Council. RECOMMENDED ACTION: Designate City Representative to the Russian River Watershed Community Council. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine representation is not required and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Russian River Watershed Community Council Candace Horsley, City Manager N/A 1. Informational packet regarding Russian River Watershed Community Council, pages 1-11. -(~andace Hc~rsley,'-Cit~ Manager mfh:asrcc98 0916RRWCC Sep, 4, 1998 2:13PM U S ARMY ENGRDIST SF NEWS RELEASE US Army Corps of Engineers No, 5899 San Francisco District 333 Market Street San Francisco CA 94105-2197 Contact: Doug MaKitten/Cindy Fergus Phone: 415-977-8658/8659 To: Community Newsletter for Ukiah Phone: (707) 463-6236, FAX: (707) 463-6204 Please consider runrling the following announcement in your Community Calendar or Calendar of Ev. nts type o.f listinq. September 4,__!9.9.8 FOR IMMEDIATE RELEASE Cloverdale Hosts Next Russian River Watershed Community Council Meeting The next meeting of the Russian River Watershed Community Council will be held at the Veteran's Memodal Hall, 205 West First Street, Cloverdale, on Sept. 12, from 9 a,m. to 1 p.m. Everyone interested in the development of long-term planning for the Russian River watershed is encouraged to attend, For more information contact Karen Rippey, U.S. Army Corps of Engineers, San Francisco District, at (415) 977-8537, or Cathy Bleier, State of California Resources Agency, at (916) 227-2667, -30- Dear Interim Council Member: On August 22, at a Russian River Watershed Community Council formation meeting in Cloverdale, you were nominated by your fellow Russian River watershed residents to serve as a member of the newly formed interim Council. Thank you for your interest in serving on the Council and for dedicating your time and knowledge to this community-lead effort. As an important stakeholder in the watershed, your expertise and experience is necessary for this new group to gain credibility in the public policy arena. The Council's proposed mission is to protect, restore, and enhance the watershed's environmental and economic values through an open commurdty- based process. The Council should represent the varied interests and regions in t_he watershed, as well as be committed to long-term solutions. The first meeting of the interim Council will occur on Saturday, September 12,1998, at the Veterans' Memorial Hall, 205 West First Street, in Cloverdale, from 9:00 A.M. to 2:00 P.M. The Council's first task will be to formalize the criteria used to establish the membership of, and processes used by the Council. A preliminary list of criteria is included in this packet. Another task for this meeting may be the identification of several key watershed issues that the Council would be interested in studying. Clearly, the Council will have to develop a strategy and structure that allows it to work effectively. One of the Council's first actions will be to assist in the development of a draft Project Study Plan (PSP) with the U.S. Army Corps of Engineers and the California State Resources Agency. This draft document will be sent to the Corps' Washington, D.C. headquarters and the State for approval. Approval of the draft PSP and subsequent signing of the Feasibility Cost Sharing Agreement between the Corps and the State will provide the funding for early Council efforts such as log-kstics, outreach, research studies, development of scopes of work, and other activities. We have attached a list of individuals and organizations nominated to comprise the interim council. To hold the Council to 64 members, we.. recommend that the ~oups that have more than sixteen members decide who will be members and who will be alternates on the interim Council prior to the September 12 meeting. Also, attached is a proposed agenda for the next meeting. We look forward to a long and productive relationship with the Council. Information on the Russian River watershed and the formation of the Russian River Community Council can be found on the following web sites: www-ceres.ca.gov/geo_axea/watersheds/watershed.phtml?Russian _River www. spn.usace.army.mil ( search under: Russian River Ecosystem Restoration) Access to the internet and the web sites is available at most local libraries. For additional information, please contact: Cathy Bleier, ProJect Manager, Calif. Dept. of Conservation at (916) 267-2667 or Karen Rippey, Study Manager, U.S. Corps of Engineers at (415) 977-8537 Thank you again for your interest and willingness to serve as an important member of the interim Russian River Watershed Community Council. Mike Reilly 575 Adnzinistration Dr. Rm. 100A Santa Rosa, CA 95403-2887 (707) 527-2241 Sincerely, Richard Shoemaker 501 Low Gap Rd. Rm. 1090 Ukiah, CA 95482 (707) 4634221 Russian River Watershed Public Meeting September 12, 1998, 9:00a.m - 2:00 p.m. Veteran's Memorial Hall 205 West First Street, Cloverdale DRAFT AGENDA 9:00 Introduction · Meeting Purpose · Agenda Overview 9:15 9:30 10:30 Brief Review of the Council Effort's Purpose and Process · Decisionmaking and Funding · Interim Council Process · Review of August 22 Meeting Results · Community Questions and Comments · Discussing Our Desired Outcomes fer the Ceuncil · Council Discussion · Community Comments and Questions Break 10'45 Forming the Council: Membership Ensuring Geographic Balance Including Relevant Areas of Expertise Creating a Balance of Interests Council Discussion Community Comments and Questions 12:15 Break/Working Lunch 12:30 1:50 2:00 Forming the Council: Processes · Decisionmaking · Working Groups · Roles and Responsibilities · Agency Roles · Public Input Channels · · Council Discussion · Community Comments and Questions Summary and Next Steps Close i ':9, 0 0 ~ i o d ~TM ' i o ~!c~'~ ol 'r1 (.9 m 'U First Interim Council Meeting Development Criteria Geographic Representation · Equal County Representation · Rural and Urban · All three Major Reaches · Tributaries represented · Eel River Size (options) · Large (50-60) · Medium (25-50) · Sman (15-25) · Unlimited Decisionmaking · Consensus ..... A result all "Can Live With". Similar to unanimous consent votes where no roll call is taken. · Simple Majority: 50%+1 of the council · Strong Majority 60% · Super Majority 67% · Hybrid: consensus most of the time, vote at key points Balance of Competencies and Knowledge · Scientific/Technical " Process Management and Facilitation · Legal/Regulatory Issues Balanced/Representation of Interests Roles and Responsibilities of Council Members · Attendance expectations · Level of effort expectations · Ground rules (willingness to consider other points of view, ability to present other viewpoints o£ yottr interest group not represented at the table) Public Information and Input Processes/Accountability · Regular, Focused Outreach on Key Issues · (e.g., workshops, surveys, newsletters) · Fully Open Public Meetings · Documentation of All Meetings (e.g.,: posted on web sites) · Possible Subcommittee/Working Groups · Designate an alternate Agency Role · Basic Role: advisory, support, sharing knowledge, or co-leaders · Voting · Non-voting (if we decide to vote) Russian River Watershed Community Council Meeting September 12 9:00 AM to 2:00 PM Veteran' s Memorial Hall 205 West First Street, Cloverdale DEPARTMENT OF THE ARMY U.S. ARMY ENGINEERS DISTRICT, SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS 333 MARKET STREET, 7TM FLOOR SAN FRANCISCO, CALIFORNIA 94105-2197 CESPN-PE-P Marie Ulvila Ukiah City Council 300 Seminary Ave Ukiah, CA 95482