HomeMy WebLinkAbout1998-09-02 Packet3a
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, August 5, 1998
The Ukiah City Council met at a Regular Meeting on August 5, 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 ...t:~ following
Councilmembers were present: Councilmembers Chavez, Ashiku, ~...d Vic...~yor Mastin.
Absent: Councilmember Kelly and Mayor Malone. Staff .presenti?~ii~i,a...9~="Director Elton,
City Manager Horsley, Public Works Director/City...~E~.ineeriiii~"....'.:~~., City Attorney
Rapport, Fire Chief Sandelin, Planning Director Sawye."~i~ili~:~nior Pl.~i~p, City CI~
U Ivila, and Police Chief Williams. .~ii?~i?: .::::~i::iii? ....... :::::?:?::::::::::?::-::::::?:'::.:?::::::::?:?::::::: ....... ~?:i:.
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1 PLEDGE OF ALLEGIANCE
Councilmember Ashiku led the Pledge of
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3. APPROVAL/CORRECTION OF MINUTE$ii?
a. Regular Meeting of July 15, 1998 ....................... "::~[ii~iiiii?~!iii!ii~iii???~iiiii~iiiilili~i::[~ .....
MIS Chavez/Ashiku to approve the minut~ii~i~i.i~.i.~9..gular '~~ii~:~f July 15, 1998 as
submitted, carried by the following roll ca!:!~.ote. ~E~.,.~.unc~lm, embers Chavez, Ashiku,
and Vice-Mayor Mastin. NOES: None..::~::A~STAI.~:~~ii!ii~B~ENT: Councilmember Kelly
and Mayor Malone. ::~iii?~
Vice-Mayor Mastin reviewedii~' appea]?~i~ocess.~
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MIS As~ii~G~:.v:.ez t°"::~~i~:~items a:~::::~'the Consent Calendar as follows:
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a. Au[~[A~Biiii~pendi~i~ii~i~B[imary Sludge Process Modifications to KBL Not To
b. Awar...cte~!!i~i~i~iSodiu~::::~'~:oxide Products to Sierra Chemical Company in the
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A.~'i~t of $2~~i~i~..e..r Dr~ Ton;
c. ..::~i::~arded Mair~~?~!Service Agreement to Matt's Custom Tree Care for Public
.... ...... ~iiiii~i?Works Tree Pr~i~? ....
d.~:~iiiiiiiiiiiiii!I!'' Approved Sole:~i~u'i~'ce Procurement and Awarded Consultant Service Agreement
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.~ii~i~!~?~ii~ii~i~::. to EBA Wast.~hnologies for the Implementation of the Work Plan for Soil and
:i~ii~:::i~i;~i~i~ii~i~i~?::: Groundwa~ili::]'nvestigation of the City Corporation Yard at a Compensation Not
~!ii!!!i.!?~?~!iii?~iii~i!i~~::'Ordinance No. 1009, Amending Division 9, Chapter 2, Article 15 of the
.... ~:%iiii?;~?~?~!~i~:'M u n ici p a I Code;
f. Awarded Bid for Tractor/Loader to Lampson Tractor in the Amount of $16,409.25;
g. Adopted Resolution No. 99-3 Establishing a Four-Way Stop at the Intersection of
Commerce Drive and Airport Park Boulevard;
h. Adopted Resolution No. 99-4 Establishing a No Parking Zone/Bus Loading Zone
On The West Side Of The 200 Block of South Orchard Avenue Just South of Stella
Regular Meeting - August 5, 1998
Page 1
Drive;
i. Awarded Acquisition of Dump Body for Street Department to Double 'D' Truck
Center in the Amount of $9,857.35;
Approved Budget Amendments for Various Funds;
Awarded Acquisition of Four Wheel Drive Pick-Up Truck For Solid Waste
Department To Biddulph Isuzu in the Amount of $16,618.39;
I. Awarded Acquisition of Thermoplastic Applicator for Street Department to
Stimsonite Corporation in the Amount of $10,540;
m. Awarded Bid for Hurst Brand Rescue Equipment to L.N. Curtis .&..~ii.i~ons in the
Amount of $16,070.34;
n. Approved the Acquisition of Thermoplastic Material fromi~!~!~e.[~:{e Sales in the
o. Approved the Acquisition of Griffolyn Tarps~i::!i~ Ree~jiiii~!i!i~~m, Inc. in t~
Amount of $8,038.39;
p. Awarded the Acquisition of a Manual Fee~ii!ii!i~ngine..e...'~ Plair~ii~~iii~D~::'for
Engineering Department from Ellis Art & E~i~ee[i~ Supplies ir~::::~ii!i~'unt of
$7,423.40; ================================================================= ":::~:~:~::" .....
q. Awarded Bid for Three Police Vehicles to::;ii~~n Ford in the Amount of
$76,701.99 and Approval of Budget Amen~....~;ni??iiiii.i..iiii.i.iiii..i.ii.i..i.i..i..i)~.ii::.~
The motion carried by the following roll call v.0..~iiii~~;. Coun(~:~i~~'rs Chavez, Ashiku,
and Vice-Mayor Mastin. NOES: None. ~~i~iiii~~i::AaSE~!~:'Councilmember Kelly
6. AUDIENCE COMMENTS .O.~'!iii~ON-~NDA
Ed Harnett, 915 W. Perkins S..:~t.:~!i; Ukia....~.ii?:~:eques.t~:' that the financial activities of the
Ukiah Conference Center be::~i~:~sed t..¢i.i~e pub.:!i¢i? He also inquired about the current
status of a skateboard faci:!~i..t...y i~iiSkiah. B~[t.-:~eii~t~ctrical rates in the City are very high
and the .~!i{~ii~should ..o.. i!i ii wance ii! iiii %come persons, as does P.G.&E. He
discuss~?i.i.~iiiiiii~..e....cent':~{~.i.i~.ili~r. Ma~ii~!::!i::~::~bles, and inquired if the City is accepting
responsi'Siii~i~is, deatl~i::i!iii!~i~!ibis opinion than an independent investigation needs to
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be comple['~aiiiiiit~f~iii?::does r~:8~iil;iiiii~8I~e an internal investigation by the City, nor an
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investigation ~',~i!~i~ffi...c.t Atto~?,~f' Sheriff's offices. He felt the taking of Mrs. Noble's
Vice..:.~:~yor Mastin ad~!~ii!~r. Harnett that a full report was presented during the City's
B~t.........,...., Hearings rega~!h¢~i~(he financial status of the Conference Center. He directed City
sta~;lo:.:.:.:.:.:.:.:.:...., send Mr. Har~¢ff this information. A meeting is scheduled for August 25, 1998, at
t.::~i?iiiii~odd Grove ....... ..B.~:bm for further discussion on a skateboard park in Ukiah. He
~~!:edged..~ii(~e electric utility rates in Ukiah are high and noted there is a program
t-:~ii~i~i}ii~i~i!ii~itizens as well as Iow income persons with their bills. This program
S:~!~:i:~ii~¥~'g into effect shortly.
j.
Mr. Michael Toms, business owner in Ukiah, expressed his dismay with the planned
destruction of mature trees in the Pear Tree Shopping Center. He suggested Council
issue a statement of support to retain the trees in the shopping center. He advised that
his business was the first to utilize the shade trees provided by the Shade Brigade and felt
Regular Meeting - August 5, 1998
Page 2
the City needs to retain as many trees as possible.
Vice Mayor Mastin reported that an urgency item needs to be added to the agenda, Item
9d, Authorization for the Expenditure of Gas Tax Money to Complete the State Street
Surface Remediation Project.
MIS Ashiku/Chavez to add Item 9d to the agenda, Authorization for the Expe~ii. ture of Gas
Tax Money to Complete the State Street Surface Remediation.:~?Jec,:t:i~!:::.ii~rried by the
following roll call vote: AYES: Councilmembers Chavez, Ashiku,.:~i::M~:" Mayor Mastin.
NOES-None. ABSTAIN: None. ABSENT: Councilm~ber .... K~ii~!i~iiMayor Malone.
City Manager Horsley advised that a special walk::.?ii~i::he.'i~i:~'in memory
She had met previously with Lecretia Peoples an(J::::~~iii~:..discuss the fut~e and how
the City can improve relations with people in the Ukia~i~~i[y. The group asked to be
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able to express to Council their questions and
Lecretia Peoples, Ukiah resident for 20 y~i~iii~i~d that ~ii~:~~'rial walk took place
along South State Street tonight in mem0~iii~::i::~i~i~i~..b...i, es. S~!::i~elt by bringing people
together would given them an o.p....~:~unityliiiii?:~:~iiiiiiiii~i~i::i::~'i'r concerns and make
recommendations for improvementS.'ii!i!~rougl~ii?~:~Jltu'~?~ii~~tanding and better social
relationships between neighbo.r..:~?~?She ..~l~ed Co..:~'Sil' to consider establishing an
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independent investigation or.::i~!!iiii~ii'ect ..:~i~ group...~.~i!~ the process of establishing an
independent investigation. ..::?~?~?~ii?? .... '":~' ..::i:':.-~'-:~:?
David ,Jo..e..iiii~Bcoln ad.~t~?~i~t he is ~i~~i:Fomo Indian decent. He discussed his
experie~.i.~i~., in ~i~i~i.i~...muniti'~iii~:i'~h have minorities. He expressed concern
with som~i~~..of th~:~':~i!~iiii~...artment who have animosity towards minorities and
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felt this ma~::::~~iiiiii~U:! duri~iiiii~i!~:Btions. He emphasized further training for Police
Officers as a.l:t~r::Ba.t:~'e.:s::~.t sh05.t-":i~i!i~eople. He discussed the lack of minorities on the
Police Fo.:[~!::~:~iii~~ce 6f::~en/women of color working in neighborhoods where
difficul.t:.~::'arise. Thei~iii~i~ii~e a requirement that Police Officers complete mandatory
traini~::." He felt a need.'~i~:"establishment of a 51/50 ordinance committee which looks
at .a:i~matives to alter~0~. He felt there is also a need to establish a citizen ride-along
p~am ....
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~.'i..~ii::~cClu.r.:...e...:~::i~ised that she has worked with the Human Rights Monitoring Project
{~?i~.i~.i!.~:s monitoring police misconduct in Mendocino County. There are many
g~iiiiiiiii~i~::'"'working in law enforcement, however, there is also a faction of law
enforcement who are bullies and have committed crimes against citizens. She noted that
Marvin Noble is not the first person to be killed by law enforcement in Mendocino County
and felt the only way police misconduct can be brought to light is to have a commission of
the people, with full investigative authority, to investigate the matter thoroughly. She urged
Ukiah to form such a people's commission to review Police misconduct and make it
Regular Meeting - August 5, 1998
Page 3
effective so that when people are mistreated by the Police, they will have some recourse.
Deborah Armstrong advised she moved to Ukiah in 1976 as a 15 year old black person,
and she hated it. Now as an adult, she is very happy that her family moved to Ukiah.
Having lived in Southern California for some time, she witnessed police brutality. She felt
the community needs to have interaction with those who are investigating the matter,
rather than it being one-sided. She asked the City Council to set aside time at their next
meeting, or call a special meeting as soon as possible so that the community can express
t h e i r co n ce r n s. ~:~i:~i::~ ....
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Tom Johnson, West Mill Street resident since 1974, felt the ~i~...~artment is not
completely at fault and that the Mental Health Depart~..t shodi~!iiii~iii:S...ent someone to
the scene who knew how to deal with a mentally distu~;"person.":iiiiiiii~iiii~.s, sed the ne~
to work together to resolve issues.
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Richard Becker, San Francisco, advised he rep j ms::ili :ioria La Riv'~ii!i!!iii~iiii~i~:~ and
Freedom candidate for Governor of California. Msi~ii~!i~i~:js very concerne'd about the
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tragedy of Marvin Noble. He expressed his concern.::~iii~i[i~.responses when dealing
with those individuals who suffer short or long termiii~:eni~iiiiii~i!~:.He noted that wealthy
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white people do not get shot by the police whe..n.:.::~::t.~y have ~i~?:~~!~?~alth crisis. Ms. La
Riva is supportive of an independent investig~i~iii~i[~quest~ii~i~:~il's support of such
a plan. He also stressed the need for aDi ~~~ii~Session.:~:b, veen Council and the
Vincent Colin Smith advised tha.t,.~::i~?is a fo.~:er Ukia~i.?~i:~lent, now residing in Rohnert
Park. As a young black man in .:~;, he h~d it wheel'S'he first moved here, but over time
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made many friends and now liE~::~he ....... co~unity...::~:~cited several incidents he had with
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ol~ce wh~le.:..hv~ng ~n Uk~a.h..~;i~!~h usual!~iilD~[.r..:.~when he was walking down a street at
night and..:.~.~ii~topped::~ii~i:i~i!~e Offi~ii.ii:iii~i~'se of the Iow black population in Ukiah,
he felt ~iiii~!i~::..DeP~~!:i~umed:::~:~:~as from out of town. These incidents made
him feel i'ik~iiii~!iiii~i~.al, alf~~i.i~.~.....was not doing anything wrong. He does not like the
feeling that'"'~~..e..r, he ~~i~?~i!:::.of his home after sunset, that his life may be in
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jeopardy. He..=~~!i!{~::CounC'ii¥~t~'~Ii:~'ten to the people of the community.
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There..~§"some disc'~i~i!ii~Dcerning the disposition of the Police Officer who shot Mr.
Nob...:~!~fand Police C~i~iiiiii~lliams advised that Officer Sean Kaeser had been on
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ad...:~ii~istrative leave, ~'t i§:'now back to work.
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~!~:.Chairman Martin.....,....... thanked those who came to the meeting and assured them that
i~i~ili~i':'i..!~::..not be....3..~iiiii~st opportunity for the public to address the Council on this issue.
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A~ii~i~{~:~d man in the audience advised that he was arrested by Officer Sean Kaiser
today for being under the influence and expressed his concern with Mr. Noble's death.
Cheryln Evans, a teacher at South Ukiah Valley High School, expressed concern with the
conflicting stories about what transpired during the incident. She concurred that there is
a need for an independent investigation and encouraged Council to support the citizens'
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Page 4
request.
City Manager Horsley advised that more information should be coming forth on the matter
now that the District Attorney has made her decision. There is an internal investigation in
the Police Department as well.
7. PUBLIC HEARINGS .... i~i ....
a. Adoption Of Resolution Approving Final Draft Summa~i~:::..Plan:..~i~:Part Of The
AB 939 Integrated Waste Management Plan For M~~i~'o County &
Establishing It As A Part Of The City_ Of Ukiah~!i!Solid ~~iii~nagement Plan
Public Works Director Kennedy reported that the .:~mary
the Mendocino Solid Waste Management Author~i!i~:..(MS~:i on b(~ii~iii~i~i~ii~ of
Ukiah and other participating agencies. It id~i~e:.s~:::~unty-wide
prevention, recycling and composting, current ~!!~iiiii!~At.e managemen't'"practices,
diversion programs implemented, and anticipated..::~i~A:C..y measures to increase
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diversion to 50% by the year 2000. The Plan i~i~i~:bqui:i~!i?~!:i~:.California Integrated
Waste Management Board to be incorporated in.~9~....e. Integr~iii!i~t:~..Uanagement Plan
for Mendocino County. The AB 939 Manage~i.i~i~.~..pf Mend~i?:County also includes
the previously adopted Source Reduction.:~i~::?:~-~i~::?leme~.~i?Household Hazardous
Waste Element, Non-Disposal Facility::~ii::~'ment.~i!!~~i~::.Ei~ent.
Public Hearing Opened' 7:20 p...:~i?i
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Eric Sunswheat, Potter Va...!!~'i addr.:~ed Co..~Cil regarding the Summary Plan,
particularly.:!:..he composti.9..g..::~.C~:ponent:~i..i.l,i~,~..,d...~ii~o County is included in the Sonoma-
Mendocind~Eake Rec. y...~!!!~ii~ili~arket I~i~'nt Zone established by the California
Integra~i[iii~A.te M~:~~.t..~:.Board?~iS designation makes recycling businesses
eligible f~i~i?~!!~..st Io~.~!iii~i~j~:.,.c. ts that utilize post-consumer waste as feedstock for
new product§~ii!ililililit~iii~.'.s., his d~.t'~.~i'.o, n that compost and wood product loans have not
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been obtain.~ii!i~iiii~~.cino":~~ businesses under this program. He presented a
handout..:.~;iii~6:~:~i~l~:iii~?~i~iiii~:..eeti~i~::'and referred to documentation which he provided to
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PU.:~!~C Hearing Close: 7:~'27 pm
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~ii!iii~havez/Ashi.~!i?~o adopt Resolution No. 99-5 Approving Final Draft Summary Plan
~~!~.:~ndo~:i~ili~°unty Integrated Waste Management Plan, carried by the following
Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES:
N'~!?~iiii?~YAIN' None. ABSENT: Councilmember Kelly and Mayor Malone.
7b.
Consider a Proposed Reduction to Landfill Tipping Fee and the Adoption of
a Resolution Setting Forth the Fees and Charcjes, Hours of Operation, and
Policy and Procedures at the Ukiah Landfill
Regular Meeting - August 5, 1998
Page 5
Director of Public Works Kennedy reported that the proposed resolution would reduce
the landfill tipping fee charged for each compacted ton of solid waste. Affected by this
change are the commercial garbage collections franchised or permitted by the County of
Mendocino to serve the waste customers within the County environs of Ukiah Valley,
Redwood Valley, Potter Valley, Boonville, and Hopland, which are designated as the "old"
service area. He discussed the proposed rates, Landfill Tipping Fee Reduction Scenarios,
as well as Comparison of Rate Adjustment Scenarios.
There was some discussion concerning current fees for solid waste deliver..e.:~.:::by retailers
who own compacting devises, such as Mervyn's and Riley's, and.,~..r..e ei.t..~¢~:;~lelivered by
the owner or by the franchised or permitted commercial haulers,,=~ii~!=r.a~;:'0f $72 per ton.
The proposed resolution designates a fee of $77 per,..t.-~i~:..
Jerry Ward, representing Solid Waste of Willits, i~iii~ii~:a..B~i:~e hauler.
of operation at the Landfill are inconvenient for his cS~~iib, ecause they ar~:':':~'~)t allowed
to enter the Landfill before 8:00 a.m. on Tuesday..:~~;i~iE~i:...day, and especially after
holidays. He received a letter from the City in Mar~ii~hic~iii~!~.....the City is conducting
noise studies on the compactors and Landfill....e~:ipment."::~::~ili~?~?~:...~ble, Solid Waste of
Willits would then be able to dump with othe....~!i;~i~,Solid ¢~ili!§~stems and Empire,
at the hour of 7:00 a.m. He discusse:...diiiii~?:!!i~i~iiii~peratu~:~'at the Landfill in the
afternoon and the difficulty with his equiE~nt go...i.~i!~i?i~ili~¢ the grade at the Landfill
during the afternoon hours. He fe!t..:'i~ii{'he ext~!i~::ho~:~i~!i~ would greatly benefit his
Public Works Director Kenne~iiii~lvise¢ii~:at the E~?ronmental Impact Report (EIR) has
been prepa.r..ed and is cu.r..Ee.n(!!~0ut for ~iii~¢,.e..:~i~, which ends on August 12, 1998. A
public he....~i~9..: has be:~ii!i~~uled f~i.!.~!~er 2, 1998 with the City Council. The
sup.p, lem.'~iiii~!..P,, add:~~?~i~ii.o, wing n'~w:::~'ervice providers to enjoy the same hours as
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Discussion f..~ii~iii~...n,.cerni:~iiiii~;:~"hours of operation at the landfill and review of
previous r:...e..:~Si~i~8~?~il ~::m att e:E'
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City..:g~)rney Rappo~i~i~l there were additional court proceedings, and as a result,
the....:ii~iy had to report t~ii~l:{~:"court that they had implemented a mitigation measure which
~i.i!]dentified in the;ii,iR. In order to do that, the Council clarified their resolution. He
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[~ed that the ~ii!~ii~ill be applying to the Integrated Waste Management Board for an
~~ment to..itSiiii~rview.
I:;~iiii~~::Director Kennedy noted that the clarification was made in Resolution 98-
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06. He reported that once the Supplemental EIR is certified, then the City will submit an
application for a change in the hours as well as a change in the daily maximum from 190
to 290 tons per day.
Regular Meeting - August 5, 1998
Page 6
City Manager Horsley advised that, although the City has not received much comment
in writing, there have been several phone calls regarding the hours.
Public Hearing Closed: 7:45 p.m.
Councilmember Ashiku queried staff regarding the purpose of the rate reduction and
expressed his concern with the regional areas not participating in closure.~sts.
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City Manager Horsley advised the MSWMA surcharge is. based ~!ii~=:..t.~age from each
jurisdiction. MSWMA is lowering their fee, and if we did:iii~ot pas.~i~i~i~i~g, we would be
accepting additional revenue which is based on the..,~"~ge
Public Works Director Kennedy discussed the und~rfunde,..d..=~ii~:;~ear ~'~ii~:~ii~i!~ ?~aff
is recommending that, should Council adopt st~iilp.....=~i~sal, the rev~iiiii~'~ld be
included in the Post Closure Maintenance Fund. ~i~?~i~esent time the b'~i"~'~ice in the
fund is approximately $300,000.
Discussion followed concerning Scenario 2 for c,a.~mercia:i~::::i~i~!i?:i~ ....
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M/S Ashiku/Chavez to adopt Resolutio~i!ii~!!~!i!~iiii~iigg Fo~iiiii~:e Fees and Charges,
Hours of Operation, and Policy and ..:~bedur~iiii~i~ili~ki~.~:~ Landfill, and Amending
Resolution under paragraph B5, Fee~ii~d Cha..[~s, '~'~ili~~'d to $72.00, carried by the
following roll call vote: AYES: Co..::~iii'mem.b...::~ Chav~i~,:~:~:~:~hiku, and Vice-Mayor Mastin.
NOES: None. ABSTAIN: None~iii?~BSEN~rCouncil~i~mber Kelly and Mayor Malone.
8. UNFINISHED BUS[NESS .:~ ...................
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a. Solia ? ili :: ollection Franchise Agreement With
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Publ,c W6~i::i~.~:.c...tor Ke'n~e~y::?:~..v~sed the proposed amendment modifies the term of
the Franchi~i!~~ent wh'~~i!i~ii}'.e, rm runs concurrently with the term of the contract
"::i::....-::i:i:i:i:i:i:i:i:i: :i:i:i:i:i:i: ::... ':: ::..-.:::i::: :i: ::::: :!: ':
executed b.Y....:~i~i~iiiii~i~iiiii~:~ S°l'i~.iiiii~~ste Systems, Inc., on May 7, 99e, and shall be
extende..d....~::ii~?:::~i~:~'"'~!i~?~i[~::.term[~ation of the Transfer Station Contract. The proposed
.v.v.-..
· ,,.-.-.-.-.-.-.v.-.-.-.-.-.-.-~ ..........,..-
amen.~nt establis~ii!i~i?~i~ of 10 years, from the date of start of operation of the
Tra.n..~fi~r............. Station and '~!~:'S an extension of another 10 years if the Transfer Station
Cg~act is extended a.:.~ii~d~'itiona110 years pursuant to the provisions of its Contract. The
~!ract can be terra,[:hated..........., earlier pursuant to the provisions of Paragraph 20 of the
............
~~i::.h. ise Agreeing'.
::::::::::::::::::::::::::::::::::::::: .....
~iii~~i~!ii~:~i~ed concerning having two contracts running concurrently for both the
T~~.ii~{i~n provider and the collectors. Public Works Director Kennedy noted there
are provisions for termination in both contracts.
MIS Ashiku/Chavez to approve Amendment to Solid Waste Collection Franchise
Agreement with Solid Waste Systems, Inc., carried by the following roll call vote: AYES:
Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN:
Regular Meeting - August 5, 1998
Page 7
None. ABSENT: Councilmember Kelly and Mayor Malone.
Vice-Mayor Mastin advised that Council has been asked to take an item out of order due
to a persons injury.
Consensus of Council was to move Item 9a after 8b.
b. Presentation of Resident Survey and Recommendation to Open Marlene ~treet
.-::i::
.:.:.:.:.:.:..,
to Two-Way Traffic
.......
Public Works Director Kennedy discussed the survey conducte~iiii~:.f:, re.s...~i~&ts within the
Marlene, Lorraine, and Betty Streets neighborhood. The==~:,survey ~~=d the residents'
opinions regarding the effectiveness of the one-way op.~i~ on ~!~~..tr. eat at Orchar. d
Avenue, and the speed humps on Betty and Lorrai~i~¥~:~et. Q.~ii~iii~i~i~iiiii~..'.:u..estionnai.r.:~
distributed, 61 responded concerning the speed ~ps on
concerning the speed humps on Betty Street ~i:;;;~event ~ne perc~i==iii?'"!~==!"!i==i==i~'' the
respondents preferred that the speed humps remai~!~ii~i:aine Street,
percent (88%)of the respondents preferred that the ~:~~.ii~....m.. ps remain on Betty Street.
He advised that the Traffic Engineering Committeei;=i¢~~ds that Marlene Street at
Orchard Avenue be re-opened to two-way traffic an~i!i=i~at ~i~~ii~.umps be constructed
on Marlene Street between Orchard Avenue and:~.-L..orraine ~~iiiii~i~i~i=:
.-:.::!:!:!:!:!:i:i:i:i:i:i:i:i:i:i:i:!::,.":':':':':':':':':':':':':':':':':':':':':"
==================================================
============================================================= "::!:!:!:!:iii:..:!i:.:'ii:..:i!:' '
Cat Larreau, resident on the south end..:~ii~i?~i~ili~i~et, did..;~i~:'agree with the results
of the survey because of the two diff...:~nt opt..i~'~i!~i!~~~"and speed humps. She
discussed the speeding and traffic ~blems,;~'Lorr~i~iiii~'et, which is a narrow street
without sidewalks. She noted th..:;~ii!~i~hce M.~i~ene Str~'fhas been closed, the amount of
traffic has been reduced but th..e..'!~!~cles.;~tinue t~ii~;Peed. She also noted the route is
used by many commercial v~i~=i'es wh~i.i~avel !....~...~' 15 miles per hour over the posted
speed limit..;~.....VVithout side~lk~ii~n Lorr~i~[~(ii~ere is no place for pedestrians to get
out of the.==~i?~of vehic!.e~!!iiiiiii~ii~felt the i~!~iiii~'lem is with traffic traveling through their
neighb~~i!i~=.t..he ~i~i~.ii~ the ~=~:~ing center on Airport Park Blvd. Some cars
drive aro~i~ii~ed h~i~ii~iLh, igh rate of speed and it has caused a safety hazard
for in the area. She would like to see a better
alternative to:.:~i§~:p.....s. ================;=:=;==:.:-=====;============== ....
..::i:iil :: ::::~::~[:~i!ii~i~i~i~!~!~i~i~i~!~!~!~!~i~!i!~!!!!!i!i~!~!~!~!~!~!:!~:`~
Arlen..~:~.io~ipey, 43 E~i~iii~treet, thanked Mr. Kennedy for calming the traffic on both
Mar..[~:~ Street and ~~ Streets. She preferred that additional speed humps be
in..s...~!ied..:.:.:.:.:~i~ii~ii~i?
:.:.:.:.:.:.:.:.:. .:.:-:-:-:
.........,....,.., .::::::::::
..:.:.:.:,:.:.;.:.:, .......,,-
:':':':':':':':':':':'
~?~?assof, 15~iiii~borah Court, advised Council that he has lived in the area since
~:~i:~!i:~.:.:....f:~:!:[~:i~f~:~he barrier on Darlene Street has served its usefulness· He felt that
Mi~!i~i.i.'~!i~?§hort a street to have a speed hump and would not be effective. He
'' speeding traffic and impacts of large stores in the Airport Park Blvd. area
affecting his neighborhood· He endorsed staff's recommendations and felt it will improve
the traffic flow in the area·
City Manager Horsley advised that she met with Public Works Director Kennedy
concerning the situation and they have some ideas to rectify the problems. In particular,
Regular Meeting - August 5, 1998
Page 8
if Council approves staff's recommendations and there continues to be increased traffic
problems, staff is entertaining the possibility of not allowing traffic to cross the intersection
of Talmage Road, from the shopping area on Airport Park Blvd., in a northerly direction to
Lorraine Street. Instead, there would be two left hand turn lanes and two right hand turns
lanes installed at the intersection of Talmage Road and Airport Park Boulevard.
Discussion followed concerning the traffic that is generated by the business...~ on Airport
Park Blvd. and, with the opening of Food 4 Less in the near future~i!?:...t, he tr...a.,:¢8~::'is projected
to increase further, thereby impacting Talmage Road and Burro .u.~i~g.~i'ghborhoods.
Eric Larson, 123 Clara Avenue, discussed speedi~!i!ii~affic":i:~iiiii~~al areas aC
supported the alternative plan of not allowing norther..~ilifi~affic on,,~!~'~'~i~ii~i!i~..,d, to ~'s
Talmage Road and enter the residential neighbor~bd of L..o..'~'ine
the City Council allocate discretionary authority t~i:.i~.ii~:r.:..~ Engineeri~!i?i~~ii~ee to
pursue short term experimental projects on a limitB~iii~iii~.sis. He suppo'~:8'"staff and
the Traffic Engineering Committee's
Richard Jones, Lorraine Street, supported the...,iBea of ~~!~ii~..h.e light on Talmage
Road and felt most of the traffic on Lorraine:,~.t.~~ii::iin a nor~"~i~ii~i~ction. The lack of
sidewalks on Lorraine Street places ped....~~:iiii~.:~!:!ct wit~:!:~icle traffic.
George, 44 Lorraine Street, advise:~iii~:~ is r .e.~i~d"::~iiii~i~:~sed the traffic on Lorraine
Street. He felt the removal of the b..a..~r on M~i'ene St~{::::~s good but the speed humps
need to be more effective ..... ~iiii~iiiii~i~iiiii~i~iii;
Discussion followed conc..:..e..:fn!~' the pr~,.a....!:.:...t.:~.i.~0nfigure the intersection of Talmage
Road and.::i~port Park..,...B...i~i-:~iiiiiiil !iiiiiiiiiiiiiiiiiiiiiiiiiiiiii?~iii:::::':~ ....
Motion:~!i~:. ~::by A~i~!!~i!~opt Resolution Reopening Marlene Street at Orchard
Avenue to T'~~i:i:~raffi(~:i::!i~:~...ting Speed Humps Between Orchard Avenue and
Lorraine Stre.e...:~ii~ii~!~..t..:!ng st'~iii~iii~"COnfigure the intersection at Airport Park Boulevard
and Talm....~. ~?:::RG~iiiii~li~ating ~hbound traffic from Airport Park Blvd.
City.~i~mey Rappo~i~!~: that, under the Brown Act, Council cannot take action on
a ~ter which is n~iiI~ ~'~i~'the agenda, and noted there was no discussion of the
.:i:i:i:i:i:i:i:: -::::::::~'
~age/Airport Park:~iVd. matter in staff's report to Council. Council may proceed with
~. recommend .a,...t:i~s concerning the barrier on Marlene Street and the speed humps,
~~~:..r.,:,...the r.e..~guration of the Talmage Road/Airport Park Blvd. intersection should
~iii~i~~i~'~{'~::a not h e r time.
.... ::::::::::::::::::::::::::::::::: .....
Councilmember Ashiku withdrew his motion.
Discussion followed concerning directing staff to bring the matter back to Council at a later
time.
Regular Meeting - August 5, 1998
Page 9
MIS Ashiku/Chavez to adopt Resolution No. 99-7 Reopening Marlene Street at Orchard
Avenue to Two-Way Traffic, and the installation of two speed humps as described in the
staff report, carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT:
Councilmember Kelly and Mayor Malone.
Councilmember Chavez recommended that any further surveys of the neighborhood
include residents on Orchard Avenue because they are also affected by traffic in the area
..:::..
..:,:.:.:.:~,
Public Works Director Kennedy advised that in accordance wit~!ii.:.l;he G.e.'.:~'~'al Plan, the
City will be looking at a Traffic Management Prograr~. Und~iiii~i?~::"program, staff
encourages community involvement in addressing th..e...'i!~ds t~~.t...the City.
Commissioner Ashiku discussed the obstruction of~ii~'ion at
ramp on Talmage Avenue. iii!iiiiiiii~ ...... ?:::!i? ........ ~::ili[~iiiiiiiiiiiiiiiiiiiiili!iiii!iii?~???~iii?~iiiiiiiiii! ......
City Manager Horsley reported speaking with Caltr:~6~ii~ii~veral occasion';:=:'~'0ncerning
this problem and will contact Caltrans again regardi~:i~ii~i~ation.
9. NEW BUSINESS ..,.:.:.:.:.:.:.:.:.., ......................................................
,~ M ....... ?:?:?:ii?:iiii?:i::ii
a. Discussion of Neighborhood ~t'l~'_~::i~iR-~.ardina"::~P~ible Addition of
SkateDark Facilitv in Todd Grove Pa~ii~:~~i~tio~ .~:3~avor to Sign Letter
Announcing Public Meeting :=?:::??~i!?:"' .::ii!i!?i~ili~iiiii!ili!iiiii!i!!ii!!iiiiii?~i!iii::?:i!::i::iiii!~?:i~ ....
City Manager Horsley advised t~{?the C.iit.:.~:?has'::~i.ii~rking with the Skateboard
Committee and an important iss~ii~i~i!i~ite se:!~tion. S:~eral sites have been considered.
Staff has reviewed the City's p~i~i~S to s~::'if there.:~i~ii::~ potential to include a skateboard
park. Staff looked at Oak.~ii~'nor Pa~iii.and ~ Grove Park and the Skateboard
Committee:~ip..:refers Todd:~i.r.::..O~=: Park..~i~iii.~~:il's approval, a meeting will be held at
Todd Gro~i~i~'.'O..: discus.s.:~i~i~ential f(j~;i~i~::~a skateboard park at that location and to
: =================================== ' ~:-:i:i:i:i:::::i:!:i:!:i:i:!:i..:i:i:!:i:i:i:i:i:i:L ":':'.'-'-':'-':':':':':':" '
obtain ifi~=~=~.p:eighlS:~i~i~ii~.i...d...istribu~'~'~i' photos of other skateboard parks to Council
for r e v i eW?~iiii?,i~,iii',i',iiiii',i',i?,iii?~iii??,ii::~, .... ":::::: ..............................................
.... ~:i:i:i:!:i:i:i:i:~:i:i:i:i:i:i:i:i:i:i:i:!:~ .... =============================================================================== ....
Don Dolan.,::~?:~ii~ii?~?~ii~ii~;i:'5..2,, U~i~ii?coordinator of the Ukiah Skateboard Committee.
discusse, d:ii~:~:~:~i~!iii~i~.;.t.b ska'{~boards in the downtown area. He noted several cities
in N0~ California~6~::~teboard parks and they have proven ve~ successful. He
thawed.............. City staff for ~.~i~:E0operation with the committee and encouraged Council to
a~ve sta~s recom~n':~ation.....................
.........,.
======================= ..j:~:~:~:~::
a AShi u/Chav tho izi g the to sign ette announcing a Skatepark meeting
[~~..g.~;[~[~:~98, 5:00 p.m. at Todd Grove Park.
C:~~~'er Chavez noted stairs were used at one skateboard park viewed in the
photos and ~mmented on the possibility of accidents occurring. She inquired if helmets
would be required.
City Manager Horsley reported there will be requirements by REMIF if the skateboard
Regular Meeting - August 5, 1998
Page 10
park is on City property.
Motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku,
and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly
and Mayor Malone.
Consensus of Council was to hear Items 9b and 9c, then 8c on the Agen.~,
.:i:i:::::::::"
..::::::::::;:.'
.:!i:: --:-:-:-:+:-'
::i:!:i:i::.. .'::::::::::::"
9b. Aooroval of Lease of North Fire Station to Red Cros~ ::iiii!i!i~i!~!iii~iiig.
City Man-agar Horsley advised that at Council's re..:q:~s..t, sta~iii~ili~en working with
various groups for a cooperative cohabitation of.:~ii::~"orth S~ilili~i~iiiii.-..S. tation. T~:
American Red Cross has approached staff with a r.~est to I~' '~ii!i~i~!!!'...e...f... the .N~'h
Fire Station. The facility is no longer utilized for fulili~i~e sta~i~;~ but
operations station and currently houses public saf~ii~..e..bj;~i!~ maintenan~ii~ii~i~'s and
apparatus equipment. The Red Cross would offer =~ii~~::..benefit of provi'~=i:~'g training
and assistance for many of the emergency se~i~!!i!iiii~ided b the Cit's Fire
.... ~ ........... '-..:.:.~::.:.:~i~i~ ..... ~ ........... Y Y
Department. The rental would be $1,000 per m~.t:'lfi an'~ii~.i~]~.::.~he benefits to the City
and the community more than make up the rent ......... Al3 additi~i i~i?:::per month would be
paid for utilities. She discussed insurance re..:::.q. ~i~~,and re~~":'~'ded changes which
have been approved by REMIF and City::~¢~!::::::::::~ii~iiiiii~ib.i.,t B, Ot~i~:"lnsurance Provisions,
1. to read "...as additional insured...". 2)~ii~"'l~ibit Bi!~i~i~i~d~'Coverage, last sentence
i " .... ~::":'"::~:" " '~'::¥ .... ':'"~?:~::~::~:~::~?:~:::::~::::::::~" ·
s deleted, but add Cerbflcate of Ins..u..~ance..S~e re~e~::~!.~'at the American Red Cross
has reviewed these changes and:~ii~i!i~ agre..e.'~nt
Fire Chief Sandelin advisedliii~;"'Red::ii~ss wil.l~::::ii~ly be using a small portion of the
storage facility and the..::~::.::C, it~iiii::~ill be:iiii~i~.t..a..i.-:~ii~' the garage facility and apparatus
equipmen, t..iiiiii!~[0m an o..p::~~! stand~i~?!~i!i~d Cross mobilizes a large contingency
of worke~:ii~:i~?.our~i~!!~!!~:..disa~¥~::i~'d noted the fire station was designed to be
an operafi~l!ii~l.Jty. '-::~!~::~::~i~i~i~!~???:~::~::~i~i~::~::~i~::~::~i~:~ ....
"::iiiiiiiiiiii~i~!~:~:!:!i!i!i!iii!i!ii~i~i~::.. =====================================================
MIS Ashiku/~~ii~'.p..:[ovin'~iiii~i::~ith the American Red Cross for 1800 North State
Street in th~ili~::~i~i~i~.0..00 P~-~:month.
City..::~nager Horsle~ii~i~ that part of the agreement was to continue with Hazardous
W~.t.:"~ Days and Mike:i~'ney was contacted regarding this matter. An plan was agreed
:::::::::::::::::
u.:.~ to continue the~'.,,....,, activities without disrupting the operations of either party.
=========================== ..::::::::::.'
.:.:.:.:.:.:...:.:.:.:.:.:.:.
......
~{i~::..carried.:.~yiii~i~ following roll call vote: AYES: Councilmembers Chavez, Ashiku, and
~i~~:~ii~i~. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and
9c. Presentation of Survey and Recommendation to Establish No Parking Zones
Adjacent to Driveways on Hospital Drive
Public Works Director Kennedy recommended Council approve his recommendation.
Regular Meeting - August 5, 1998
Page 11
MIS Chavez/Ashiku adopting Resolution No. 99-8 Establishing No Parking Zones Within
20 Feet of Both Sides of Designated Driveways on Hospital Drive, carried by the following
roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES:
None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone.
8c. Approval of a Product and Service Agreement with FirstPoint Utility Solutions,
Inc. and Approval of a Budget Amendment
Finance Director Elton reported that Council approved a letter of intent ~ FirstPoint
Utility Solutions, Inc. to negotiate for various services, including .~ii~:..CUStO.;~;~' information
system, billing and mailing services, metering, collection andii~i~~i~r service. He
advised that the conditions were received today at 5~i~p.m.'~::~::'~iii~{~::has not had an
opportunity to review them. He recommended Cou~iii~'Pprovaiii~i~i!~:.~:.. ~tract, subje.'~
.~:~:i:i:i:.::;" . ..::i: :i:i: :: ...... ~iiiiiiiiiii~iiiiiii~iiii...:iiiiiiii:iiiiiii:i::.. ..:...:i::i::i::::~ ~'
to staff review of the general terms and co n d it i o n s ili~i~i~iii~''::..::::::::::::::.........:...:.:.:...:.::.:.:.:.:.:.:. ......... ..::~:~:~:~::-.":':':':':'"':':':':':'""'"'""""':~i:'iiiilF:' ........ ~i~ii~iii~i~i~i~i~i~i~i~i~ii~i~i~i~:~.~ii!iiiiiii~!iii~.~i~ii!~iii~i~..~!~i~i!~i~iiiiiiiiiiiii~iii~iii~iii iI
City Attorney Rapport concurred with Finan~iiii~.-:.i.~{i~r Elton's r~~::~'dation
· .::!i!::::i::i~ ......... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .....
MIS Ashiku/Chavez authorizing the City Manage~ili~0 sig:~?~i~iii~..e.:.ement with FirstPoint
Utility Solutions, Inc. not to exceed $26,700,.:.::...a.~:..amendi':~ii!i~iii!~ii.~ling and Collection
budget, 697.1305.250.000 by $26,700 to..:~iiii:...~i::.c, ost of':i~i~iii~'reement, subject to
review of the general terms and conditio..~ii~:'~iiii~.:.e...d by .t:~i~:~following roll call vote:
AYES: Councilmembers Chavez, A~::i:~u, afi~;~i!::::~i~~y.0'~!?'Mastin. NOES: None.
ABSTAIN: None. ABSENT: Coun~i~:ember.::i~lly ~i~i~:r Malone.
.,:.:.:.:.:,, .,:.:.:.:.'
9d. Approve Non-Agendize~:~i~ As .~ergenq~!iiii~em; Authorize The Expenditure
of an Additional $42,345 F~ii~he St~ Stre.e~ii~i-~urface Remediation Project, and
Public ~~.Direct~iiii~~dy ad;~iii~ii:'"'the City is experiencing a much greater
consu~~ii~!i~[etha~i~ii!~i!i~i?~i:.S....tate st'~:~'~'t Remediation Project. Staff is requesting to
expend ~:~iii~i~l $4~i::~ili~::..Gas Tax Fund No. 2107 for the completion of the
Project from E ii ',ilgpad t~i::~~ii.~eet. Additional funds are needed to complete the
undersealme~i~i?~?~iii~ncret~!ili!~·els. The volume of voids under the joints of the
..::i:: :i: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .'.':':"
concrete:~i~hels i{:~[~!~::~..than '~vhat was anticipated, therefore, a greater amount of
...........
ureth.a...~'than what ~iii!~ii~ted is being consumed.
............. ' ~::~i!~::~i~::~::~i~::~::~i~::~i~ .....
Di~bssion followed.~ncerning Gas Tax Funds.
.i:i:i:i:i:i:i:!:!:!:!:
M~i!~i~...shiku/Ch.a..:~?:authorizing the Expenditure of an Additional $42,345 for the State
~~ii~.a..~::ii~ediation Project, and Approval of Budget Amendment, carried by the
¢~!!~~ii~iil.i~ii:':'vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin.
N(~!::iii~i~:~e. ABSTAIN' None. ABSENT: Councilmember Kelly and Mayor Malone.
10. CITY COUNCIL REPORTS
Vice-Mayor Mastin briefly discussed the scheduled League of California Cities meeting
in October. He reported that Tim Stoen, attorney for the North Forks Improvement Group,
Regular Meeting - August 5, 1998
Page 12
is moving to Colorado.
11. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley reported that Councilmember Ashiku requested an update on the
Vehicle License Fee. She referred to the handout from the League of California Cities.
The governor has backed off of the initial proposal to reduce the Vehicle License Fees,
and now the State is to give a credit of 25%. The City sent a letter today to..,~enator Mike
Thompson indicating the City's interest in the continuation of these ~propd~i~-~'ns to cities.
.:!i~::.ii!i:.: ....
She circulated a sample cfa designed graphic whic~ili~as pr~~'~i'i~:~' City:~:~:'"~:':'":::~::' -:~:~::~':' staff fora
publication and noted a savings of City funds by uti[i~:~ity c~:~~ii~d staff. ..:~iiii?:~'
None. iiiii!iliiii~ili!!::i~:~ ............ ?:ii~ii? ........ ~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii? ....
Vice-Mayor Mastin adjourned the meeting at g:o0-1ii~::'m'?ii!iii!iiiiiiiiiiiiiiiiiiiii:ili::?:~ ....
===================== :.-::::::::'
· :~' .'::~:~:~:~ .... Marie Ulvila, City Clerk
......................... ~i~::~i~::'
Regular Meeting - August 5, 1998
Page 13
3b
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, August 19, 1998
The Ukiah City Council met at a Regular Meeting on August 19, 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 ,[~ following
Councilmembers were present: Councilmembers Ashiku, Kel!~... Ma.s....~;'i=;'' and Mayor
Malone. Absent: Councilmember Chavez. Staff present: Public.~ii~i.e..~i!~==i'rector Barnes,
Finance Director Elton, Risk Manager/Budget Officer H...a...~;;Ass~~ii~9.ner Lohse, City
Attorney Rapport, Planning Director Sawyer, City Cle....~!!i~i'"~;ila, an~iiii~iii~i!~..h, ief WilliamS!!;.'
Mayor Malone led the Pledge of Allegiance. i~?~i~iii~i!ili~iii~iiiii?::.:.~:~:~:::?:i!i?:~ ...... ~i~ii~ii!iiiii!iiiiiiii!ii!ii!i!iiiii? ....
":~::~??:!::~i!::~::~i~i!::~::~i~i!i~i~i~i~i!::~i~i~::..
3. PROCLAMATION/SPECIAL
·
a. Proclamatmon - West Company s Ten-Year Annfv.e.~~::..
Mayor Malone read the proclamation to Wes.t.:::::...C...ompan~::iiii~iii~~[ation of their tenth
3b. Ukiah Unified School District..-..'~i~'ment~!ii!~~l~:~:Si~i::ng":':':':':':':"' ':':'"':':'"':':":':':':':':':':':':':':':':':':' '::":'
Ms. Klm Logan, advised that the Uki~i~:Unifie...qt. lii~:Cl~0~iii~i~::.(~-~ i~ School District) begins its
29th year in Ukiah this year:.4i~iah ....~:~:~::"
ms..::~i!~.n need :i~'"""'~nother school and, with the
encouragement of several Co...u..~i~emb~:' and th~i?i~°mmunity, the School District has
chosen the Montgomery W~:~::"site a.~!i!i!i!~outh ..S~ie Street. The property presents
numerous ..:..C...hallenges a,~.. ~ felt t~i!iii~yii::i::~:'the School District can meet these
challeng~ii!i~?~ engag..e....::!~~ within ~ii!~~"'6nity in the development and acquisition
of the ~~iii!ii?~i~:he .......................... p'~:~~ii.i:.~:i:~.....e, ques~:~'"the Board of Trustees of the School District
for the Ci~i~i[~iiii~to a I~~i~::..with the School District. She identified the steps for
partnership '~j:~ili:~hool 'D.'[~i~!iliiiiii[~he invited the City to consider partnering with the
School Distr. i.¢.~iiiii~iiii~i~liiii~make::~:~!ii~e formal presentation to Council at a subsequent
· ::::i:i::: ' !:: :!:~:: :!:'.-:: :~:~:: :.'-:~:: :~:: :!:!::.:..
6:3~ii~[:'m. - Councilm~~i~"Ashiku arrived at the meeting. ..?:iiii!:!i!i? .i!iiiiillI~ TM
:.:.:c.:.:.:-:. ,:::::::::"
......... · ........
.:.:.:.:.:.:.:.:.: ......
~ii:iiiiiiiiiiiii!:~ APPROVALIG~'RRECTION OF MINUTES
~~.~....S......9.f...~.:~cil was to continue the Minutes of July 15, 1998 until the next meeting
. ............,,.........
5. RIGHT TO APPEAL DECISION
Mayor Malone reviewed the appeal process.
6. CONSENT CALENDAR
Regular Meeting - August 19, 1998
Page 1
Phil Baldwin, 627 Willow Avenue, requested Council pull Item 6e from the Consent
Calendar and that it be heard later in the meeting.
MIS Mastin/Kelly to make pull Item e from the Consent Calendar, making it 10e, and to
approve items a-d and f-j of the Consent Calendar as follows:
a. Approved Disbursements for the Month of July, 1998;
b. Adopted Resolution 99-9 Amending Appendix to Conflict of Interest Code;
c. Denied Claim for Damages Received from Alejandrina's Florist, and Referred to
Joint Powers Authority, Redwood Empire Municipal Insurance Fundi~ii!i?:i~:;
d. Adopted Resolution 99-10 Setting the Limitation on City E~pend.i.:t:'~s for Fiscal
Year 1998/99; .
f. Awarded Contract to Price Striping Service for.~t Stri~ii~iii~:~:..~.::~ Spec. No. 98....-
10, in the Amount of $11,093.88;
g. Awarded Acquisition of Asphalt Paver f~?:Street
Equipment in the Amount of $39,647.11;
h. Accepted Report of the Acquisition of Servic~ii~.O...~!i~merican ASl~:~iii~i~'ir and
Resurfacing Co., Inc.; '~i!}~{ili!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~:. ' .................
i. Awarded Acquisition of 3/4 Ton Truck Cab ~i!!~~:.for Street Department to
aiddulph Isuzu in the Amount of $18,913.~? .......
j. Authorized Mayor to Sign Letter of..,.::~0rt f0'~::i!i!!~!~i~!~gn Regarding City
The motion carded by the following ro!!iiii~:i'i vot~ii~~iiiii~.O.:....u~;ilmembers Ashiku, Kelly,
aastin, and Mayor Malone NOES: N~e. AB.:~Ai"~!iiii~i?ABSENT: Councilmember
Chavez.
.,::!:~:~:i::'
.;.;.:.:.:.:.:.:.:.;;. ......~..,
7. AUDIENCE COMMEN~ON NO,.~AGEND~"iTEMS
Barbara E.y..ersole, Uki.a...bi~:.~i~lent, a~~iiiii~:~uncil concerning the lack of under
grounding...::i~iii~/ities o.n..~i~i~iii~:Street IJ~i~!ii~:~:~)roposed resurfacing. She encouraged
addition~i~i!~.~;.s.....capir{:~!~!i~~;S maj6?~ets and encouraged the City to partner with
the Cou~{~iiii~iiii~[:::!o m'~:.~ii.~!!~i.i.~....the County seat, a beautiful City and to live up to its
reputation 0f~?~]i]i~ii~...m a I I
Ed Harn..e...~iii~!~i~!ii!~!~ii;..S. tre;ii!~i?:~dvised that he holds the City Council responsible for
everyt.b, ji~"that happ~ili~iii~i~, including the death of Marvin Noble. He discounted the
inve:~ative report 0~i!~ii::~ctually occurred at Foster's Freeze because he spoke to
se.~al witnesses. .~iiiiiii? ::~:::?
~i~ Baker, 8 .y::~:'resident of Ukiah, advised that he has had numerous interactions
~{~i~i~l:i.ce Offi~:?and found them to be courteous and effective. He felt the death of a
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
~ii~i!ii~i!~~'~nd felt sorry for both the victim's family and the Police Officer's family.
H:~!i!~~::!:'{:~'e Ukiah Police Department for all the good things they do for its citizens.
Lisa Simmons, Round Valley resident, recounted the incident of April 14, 1995, which
resulted in the death of a law enforcement officer and tribal member. She reported on
discriminatory action by law enforcement officers at the Courthouse and towards Indian
people.
Regular Meeting - August 19, 1998
Page 2
Craig Govern, 7 month resident of Ukiah, advised that he moved to Ukiah from San
Francisco where he was a minority as a white male. He encouraged people to participate
in voting for elected officials and that, with an ongoing investigation, people should not be
so quick to make judgement based on partial facts. He discussed violence in other cities
and countries.
Richard Becker, San Francisco, advised he represents Gloria La RivBig!ii[~:Peace and
Freedom candidate for Governor of California. He felt the situation.:~.ith M~th Noble was
mishandled. At the Peace and Freedom meeting held in August, ..~iii~!~tion called for
an independent investigation into the death of Mr. No~.~ .... 4iii!iiiii!ii!!iiiii!i?~?~ili!i!ii!iii::~ ....
Mark Davis, 22 year resident of Ukiah, advised th~iii~'rior to .m. ~¢ii~ii~ii~b:..he
Berkeley and felt Ukiah is a much safer community,~¢~[~dly du~"the P~¥~~~~t s
effods. He urged the City Council to suppod the ~~~:~ers. He h~:~~?:?:~fficer
Kaeser for several years and finds him to be a de~.~?~icer.
Mark Roper felt that the Mental Health DepaK~'t"~'::~~?~ye provided additional
assistance to the Police Depadment in dealing:.::~ith Mr.'::~i~(~ii~¢e he had a mental
illness. Police Officers need fudher training~i~[¢ to co'~{~~aling with mentally
ill individuals .... :~::~;~¢~¢~i~~?:~ .... ,
Ken McCo~ick, resident and busin~':~wne{:,~¢~::'b~~i~:~ he is proud of the Police
Depa~ment and that citizens ~b~?:~randi~¢~:;:"weap~¢~0uld be apprehended. He
discussed the riots and Iooting.,:i~(~:s Ang~i~s seve~¢~"years ago and how impotent it is
to rely on the Police Depadm~ reac~;~' situatie~ in an effective and timely manner.
Mayor M~l~.advised:.:~~City Ma~~(~::"various members of the community are
involved;~;~~lishi:~?~?~m with '{~::~:~ntal Health Depadment and Ukiah Police
Depa~~?~~e inte~~i~a~icipating should contact the City Manager for fudher
.============================================================
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...... :q.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.-
......
.-.......... :.:.:.:.:.:.:.:.:.>:.:.>:.:.:.:.:.:.:..
............ · ......................................
............ ............
~}~.}.~}.~.~.~ ~pproval of ...... ~' fixeo~tion to th~ Cit~ ~ubdivi~ion R~ulation~ b~ ~llowin~ a
:¢~:~{~}~::.~ 8ub~tandat~:~eee~ Roadwa~ ~idth ~ ~a~ of a Two-Lot ~areel
:::::::::::::::::::::::::::::::::
.......
.......
~~.alo.~.~~sed himsolf from tho mootin~ at 7:~ 5 p.m. duo to a potential conflict
~oeiato ~lann~r Loh~ advised that tho appli~nt, kos Andorson, is proposin~ to
a ~2,000 square foot pardi in tho R-~ Zonino District into ~o ~,000 square foot lots.
applimnt is requostin~ an "fixception" to tho access width requiremonts to allow tho width
of tho required privato roadway accossin~ tho now vacant lot to Do reduced from 20 feet
to a minimum of ~ ~ foot. lbo Gity fin~inoor has tho authority to act on tho proposal, but
Regular Meeting - August 19, 1998
Page 3
cannot do so until the City Council determines whether or not an associated request for
an "Exception" to the access width requirements is appropriate. The property is located
at 617 Holden Street, which is situated in a well-established single family residential
neighborhood containing a number of small lots and narrow driveways. The proposed
reduced access roadway would be located on the western portion of the site, directly
abutting the property line and two feet from the west wall of the existing residence.
Staff found that the reduced width of the private access roadway would be more restrictive
than a standard roadway of 20 feet since it would require two-way traffic to ,~e individual
lanes of approximately eight feet instead of 10 feet. The const[~tion..=~iii.~e proposed
roadway along the western property line would require t~.=e remov...~!:~=~=~i=~=~n mature trees
that provide shade for the existing residence and othe~iii~r....eas c~ii[~iii~ject property.
============================= ====================================================
..!:i:!:i:~::':i:i:i::': .... ============================================= ..... ;:::'.'.
On May 27, 1998, the Planning Commission cond~:;d a pu~ii~:~gigii!~?.d
substantial testimony opposing the request for an i~ceptio..~;?~:0m
owners. Concern was expressed regarding safet~iii!!!~[e~val, and
impacts. The request for the "Exception" comes b~ii!~i?;City Council wit'~;~'i a formal
recommendation from the Planning Commission...i:~iiiiii~iiiiiiiii!ii?~iliiiiiiiiiiiii?~iiii::~ ....
Discussion followed concerning proposed parkin~:."for the::~::~i~!ii~Dd City standards for
second units. ....:..~:~?,::::~?.~:.~i~:~:~ii::::::~ ....
Public Hearing Opened: 7:25 p.m .... ~ii:~ii!i~ilili!i~ ...... ~:iii?'ii!iii?i!iii!?!iiiiiiiiiiii!!iiii!i!ii::i~:.:::::~:~i~:.i?::'
Ken Uarrington, 615 Holden Street, ..a~ised hd"ii i! iii e adjacent property to the
proposed project and is opposed:~..i;~!ii~:he lot ...s.'~¥it. He ~i~'ed inadequate parking along
Holden Street and opposed th..e..'iiii~oval .d~':~'trees o~i!~he property because they provide
much needed shade. In che~i~!~''
.............. with t~: . ............ County Assessor's Office, the lot
is under 12,...~00 square fe~[. i~!ii~'ize. H~.ii~i.~i::i~!?i¥ he installed a pool in his back yard,
he would..~.e little pri.~ii!E!i~ house !!~i!i~i~ii!~'ar the property line.
:.::i::.:!:!:!:E:!:!:!:!:!:!:~.'~:~:~:~:~:~:~::., ' "::i:i:i:i:i:i:i:i:i:i:i:i:~:i:i:i:~:i:!:!:!~:!:!::.. '"':':':::::::':': .....
"::;:!i~iii!:!:i:i:!:!:!:!:i:!:!:i:'.-:!:!:!:!:i:!:i:!::.. ====================================================
Greg F6:~i~ii~i~i~!~i~:..ring":~i~!!iiii~!~::::~!.he City should require the developer to complete a
survey of thff~~?:~.to dete'~ii~iii..t:'~ii~square footage and then apply for a variance. He
also felt the....::~?~ii!iAt:a..nda(~i!iii~:"'Width should be applied to all projects, with no
Jud!:~?Maxey, 616 H~!~iiiiSt'reet, commented on traffic safety issues on Holden Street.
A ~iiii~Y pole abuts thffiii~ri~way, and with the driveway two feet from the house, it would
::::::::::::::::: ...,....,
c.~e unsafe condit..i~.~s for backing out of the driveway. She commented on increased
~~:. and the lac.~?~:'adequate parking along the street. She felt the parcel should be
~~.e....d to de.~i'ne square footage prior to development.
~!~?!i!iii~~!~:;i, 651 Orr Springs Road, brother of the applicant, advised that he
..........
appreciated the concerns of the neighbors, but felt the reduced width of the driveway
would be safe. He felt it was his prerogative to have the bedroom of his house two feet
from a driveway if he desired and felt safety is not an issue. He felt it would be unfair to
deny the project because of their desire to remove several trees in order to provide open
space. He reported that there are more than 20 trees on the property in various levels of
Regular Meeting - August 19, 1998
Page 4
maturity and what they propose is to remove 7 trees. The trees proposed for removal are
walnut trees and not endangered species.
Erin Noble, 625 Holden Street, felt that the City should not allow developers to remove
trees in order to construct a house on the property. He reported that the Realtor advised
him that the property is 11,625 square feet and couldn't be split. The removal of trees in
the neighborhood would change the environment of the neighborhood. ~..e.... cited poor
parking conditions along Holden Street and safety concerns f0=~!i~..child.r.....e...'~ii==~i'iving in the
neighborhood. He questioned how long a relative wou? live iqiiii~ili~:~i~ouse before it
would be sold ..... ?:~i~i~i~::~i~ ...... ~i::i!~:!iiiiiiiiiii!i!i!i!iii!i!iii?:ii!iiiiii~::i~ ....
..i:i:i:i:~:i:i:!:i:~:!-".-:!:
:::::::::::::::::::::::::: ..... "::~!~iii!i~:i~iiiiiiiiiiiiiiiiiii!iiii!iiii~ili.'~
Sheridan Malone, 422 Jones Street, noted that Ho!~ and
a contiguous neighborhood. He described the nei~borhoc~i~i~:~
similar to an urban forest. He discussed Mrs. Hine~i!i~~:'and that,
be approved, then Mrs. Hines' property should als~i~!i!i~, an "Exceptior~'~i~e felt the
property is entitled to a granny unit but felt it wo~j~iii~i~.~:.additional impacts to the
· =========================== ===================================================
Jim Morgan, 610 Holden Street, felt the Io.t.:~.j.~i~i~i~.[.~g. ally lar~?~i~:~h to be subdivided
and that the property needs to be surveye..:..~iiiiiii~iii~~...hood ~ssed their opposition
to the project at the Planning Comm[S..-~ii~n me~i~ii!i!i!~i~..t.:::?~!he applicant still has not
.:~i!::ii?' .,?:ii::?:~: '?.ii!::?.?:ii!::?.?:i!?.i::i!::~ ......
.-:::., .-!:!:i:i:?' .::i:i:!:?' .i~i~i~iii: .......
Phil Baldwin, 627 Willow Av,:~:, dis~ed thei~!ii~ity's Zoning, Ordinance and the
roadway standards. He inquir~!i!~W Iong.'i!~!~'elative.::~i!:Mr. Anderson s would reside in the
house.
Anna Nd~i~!~2.5 Hold~!i~i~ii~Miscu~?~ii~i~:~:"poor parking conditions on Holden Street
and the fi~!~.k, e the::~~i!!~..e.. She questioned whether the applicant would have
relatives li~:i:=~iii~!iii~:home'::~!i~ilSoon they would sell that portion of the property for
.............................. :: ................ '.::i~::i::::?:i!:::?.ii::::::::?.::i::::i:.i!::!::::i!::!?·
Public.::i~'aring
Pla.n...:~!~:g Director Sa~i~ii:~ised that, should the City Council approve the "Exception",
th~.i~ity Engineer will t~n':Ebnduct a subsequent public hearing and act on the proposed
tv~t Minor Subdivi.~!~n ...... Map. At that juncture, staff would ascertain the true dimension
......
~iii~ lot, and not.:.:~!~ibw the lot split if less than 12,000 square feet exist. If the Council
~ii?~gt ........................ appr.~i?~e "Exception", the City Engineer cannot act on the map unless it is
~i~i~i!~?,~i~ a conforming access roadway width.
-.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.,
· ....:.:,:.:.:,:,:.:.:.:..,... ·
Discussion followed concerning the proposed project with regard to driveway width,
removal of trees, the size of the lot, and the composition of the neighborhood.
City Attomey Rapport advised Council that this project requires a quasi-judicial decision
and Council should support their decision with findings. He cited Section 8320 of the
Regular Meeting - August 19, 1998
Page 5
Municipal Code regarding exceptions.
MIS Ashiku/Kelly to deny proposed "Exception" to the Subdivision Ordinance for Minor
Subdivision Map Exception No. 98-14: Anderson, based on the following findings:
1. Approval of the proposed project would be detrimental to the peace and tranquility
of the surrounding properties;
2. The removal of the mature trees by the driveway would affect the environmental
quality of the neighborhood; and
3. The "Exception" is not necessary for the preservation and enjoyment ~ii~he property
owner. · ...................
.-J:i:::i .... ::i:i:i:::i::"
Motion carried by the following roll call vote: AYES: Councilme~~..~:iku,::::..::... Kelly, and
Vice-Mayor Uastin. NOES: None. ABSTAIN: None..~-'..S..ENT'ii!ii~~i!.:..m. ember Chavez
and Mayor Malone.
9. UNFINISHED BUSINESS
a, Introduction of Ordinance Adopting alilili~t~::~ Living Incr~ii!ili~:f6r City
Risk Manager Harris advised that there has not be..e...~i~i~!!!~,..,:~i!i~ii::~.[ving increase to the City
Council salary rate since 1986. The current sala~ii~0r (~:i~!ii~'"./~.!members is $300 per
month. Government Code {}36516 gives .~,t.b.,e.:?:i~::~.ity C(~'~iii?~iii~?~iiii~ability to increase
Councilmember salaries by adopting or amee~i~ii!~i~dinanC'~ii~!~vide a cost of living
increase not to exceed an amount equal..::.t:~ii~::~~iii~,%) fo.~;~i~ch calendar year from
the operative date of the last cost of !,i~i!~ adjq~~:iiiii:~:!:;!i~i~'ing five percent (5%) per
year for the l 1-year period equal.s....:ii?i~h add!~!:..i~al rfi~i~ii?:::~mount of $165, for a total
monthly salary of $465. Actual c..o..S.t;iii~f living, iii~djustme....~ts will not go into effect, however,
under Government Code §365::~.~:...ii~?until..~v Coun.~ii~embers are elected in November
and begin their term of office. ,~ii~ii~'hat po..~i~il all C0..::~'ilmembers will receive the increase
at the same..., time. This ..s..~.l,a~i?:~'epres~iiii~...e..~:~'compensation for the many hours a
Councilm....~£ prepa..r::~?!~ii~ partici~~i!ii~i~::~ity Council meetings, special meetings,
speciat~i:-~i~!?iiii~d re'~~!~ii~,n on ~:~:~'~'ous Committees and Commissions, as well
as the ho~?~~::::.....meeti~ii~ii~i't..izens and performing their liaison roles.
.... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..... =================================================================================
The Counci!....~i~~!!~ther"~:i~.ii~i¥'Until the next City Council meeting to introduce the
Ordinance'ii!~'~'5":'~::~:'.iiiii~BP, cil w~ld be present.
Ma~?:"Malone com~i~ili~i{:i~at, in the future, this should be addressed as part of the
bu......~t process. :.:::::::::i?~i~i!!ii~ ¥''~:'
:.:,:,:,:,
,.:.:.:.:.:.:.:.:.: ..,..,...,
· ~,.....,.......... .,:,:,:,:.:.-
· ,:*:,:,:.:,:,:,:.:.:,; .,::::::::::.
~!iiiiMalonelAsh..,i...~::*to ................ introduce by title only Ordinance Adopting a Cost of Living
i~~::...f.p..r..~j~.t:~ii~ncilmember Salaries, carried by the following roll call vote: AYES:
~~!i~~' Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN:
N6~i??~i~:~$:ENT: Councilmember Chavez.
Recording Secretary Ulvila read the ordinance by title only.
Mayor Malone invited comments from the audience. He noted that, even with the salary
Regular Meeting - August 19, 1998
Page 6
increase, Councilmembers will continue to volunteer many hours of their time to the City
and the community.
Eric Larson, 123 Clara Avenue, candidate for City Council, would like to see more poor
people apply for City Council positions.
Phil Baldwin, 627 Willow Avenue, candidate for City Council, felt that Iow ig~me people
should be encouraged to become involved in local governmen.~:.............. Th~iiii~:~ a need to
encourage more people to run for office. ..:..?:iiiiiii~ ...... ~ii!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii!!!!i.
Joe Dietdck, 583 Stella Drive, candidate for City the Ci~
Council position was a volunteer position when he.~ided to.~ii~"::~!~~,. He n..e.'~:d
the many hours that Councilmembers devote to t~ii~:.comm.:.~i{~ and
applied as a candidate whether the position was ~.t:.e....e.,~!::~r paid.
MIS Malone/Ashiku to introduce Ordinance by title ~'~iii~i~..d by the following roll call
vote: AYES: Councilmembers Ashiku, Kelly, aas~i~::i' a~i~~i!i~alone. NOES: None.
ABSTAIN: None. ABSENT: Councilmember C.~.~ez. "::~'":"iii~iiii~?~i!i!i!i~i!!i~?~ii~iii~!iiii!?:?:~ ....
..:.:.:.:,:.:.:,:,:.:.:.:,:.:.-
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a, AmJointment of Voting Delec~::and ~i~!~~i!~i~!~tober 2-4, 1998 Annual
L~gue of California (~ities .~'nfere~ ....
Consensus of the Council was ...t..~ii~...~point ..G~uncilm~:~'~: Kelly as the Voting Delegate
and Councilmember Ashiku as..~i!~itern.a..t~i~¥or the ~iober 2-4, 1998 Annual League of
California Cities Conference.::iiiiii!!ii? .... .~?~i!iiiiii!i!'
Mayor M.-a:'~be direct~iii~ili~ity Cler~iii~iiii~ii~i; the League of California Cities of the
names,~i::i~ii~i!i~.:O....ting ~i~!~ii~.d alte~:i'' It was noted that Councilmembers Ashiku,
Kelly, uld be attending the conference.
;'::i:i:i:'"'i:::::i:::::::i:i:i"¢ i:::i:? ":;;. :::::::::::::::::::::::::::::::::::
b. Set D....a..~!~G~::!~i~!~.t...Mee'{i~.!~ City Council and Planning Commission
Consens~:: ~i;:i~:'"~'~~.ii~.S..::.~::t.o............ s(~:{~:="October 28, 1998, 5:00 p.m., as the date for the Joint
...... ........ ::::::::::::::::::::::::::::::::::::::::::::::::::
Meeti.~ii~Sf the City C'0..'~!i::i~d the Planning Commission.
.:,:.:.:,:.:.. ..,...,,;. ~.:.:.:.:.:.,
c.~;~ili::iiiiiiiii? Waiver of Due.~h Refinancing Clause in the Deferred Payment Loan Contract
with A, ce
~~.ce Director..:?:Elton advised that in 1986 the City of Ukiah, in coordination with the
~~i:::t::~:::::.~i~)ment Commission of Mendocino County, undertook a program for
~iii~i~i~~i~li'tation within a specified target area of the City. Under this program,
el'~i~!i~:~ty owners could receive assistance with rehabilitation of their property. The
intent of the program was to assist lower income individuals with improving their homes
to maintain their property values and provide a higher quality of life without forcing the
property owner to incur payments beyond their means to pay.
Dewayne and Alice Arnold entered into a deferred payment loan contract on May 8, 1986,
Regular Meeting- August 19, 1998
Page 7
in the amount of $13,745.00. The obligation under this contact is scheduled to expire after
15 years (May 8, 2001). He advised that Mrs. Arnold is attempting to refinance her first
mortgage and requests that the City waive the contract condition that would require
repayment to the City. Mr. and Mrs. Arnold divorced and Mr. Arnold transferred his
interests in the property to Mrs. Arnold. Mrs. Arnold is now responsible for the note.
It was staff's opinion that the City has a right, under the "Deferred Payment Loan Contract,"
to require payment in full at the time the first mortgage is refinanced. If the first mortgage
is foreclosed on, the City may not receive any repayment. Mrs. Arnold expect~.to continue
living in the house for the remainder of the original 15-year period. ~;.~here~i:"the original
intent of the loan program can still be met by allowing Mrs: Arnold.~i!ii~.f:i.~'ce her existing
mortgage without calling due the City's Deferred P~ent E~i!iii~..tract. This still
maintains the conditions for the remainder of the or~ii~¥::';:ontra~ii~!ii~ii~..5 years .....
City Attorney Rapport advised that there may be ii~...me co~:~ with"::i~:-~i!i~~iii!i~an
on the property whereby the City's loan could be~!::~i.s..~!!;3r to the Ioa~::i::i~i!!ii!~;~old is
trying to obtain. This may not be acceptable to M~iii~i~::.s lender. He r~"~"~mended
Council authorize staff to agree to subrogate the ..~i~ilili~::~::in place of the loan Mrs.
Arnold is trying to obtain, should it become a nece~ ~~iii~!::~......h. er lending institution.
· .....?,... ======================================================
· ============================ ====================================================
MIS AshikulKelly to approve Waiver of ~ii!~i!iii~..e....financi'~!i~!~i~'se in the Deferred
Payment Loan Contract with Alice Arnold ....a. ili iiiE ii i :s Ioan.~!ii~ubrogated to the new
loan Mrs. Arnold is trying to obtain, sh0:~!~[~i~i' bec~i~![!~~~ condition of her lending
institution, carried by the following ro...:!!?~all vo.t..~ii! .... A?~i~i~hcilmembers Ashiku, Kelly,
Uastin, and Mayor Malone. NOE.:.S..;..ii~;°ne. ~STAIN.!!!i~;;9.~ ASSENT: Councilmember
Chavez. .:~::i!i!i iiiiiiiiii?; ~::ili ?"
.;'::i:::::i:?' ;:F:~:~::::::: :i::: .. .. ::i:::: :~::'": '
d. Chaqge of Alternate .t'~' Mendo~::~t~!a~'Water and Power Commission
MIS Ma]~~~..b..iku ~{i~i:i~i~ii~::C~un~ii~i~i~ber:.~.~:~::~:~.~:~:~:.......:~:~:.....:.:~.~:...:~...`..... '~'~:~:'::::~:::~:::"':':::'"'::":::::"- Mastin as the Alternate to Mendocino
Inland '" ~ carried by the following roll call vote: AYES:
Councilme~6~ii~ku, K~::ii~iiii!i~i.~, and Mayor Malone. NOES: None. ABSTAIN:
None.
e. ...... ..::~:~['horize t~iiiii~i~iiiiiiii~anacjer to Distribute Correspondence As Required,
..?~==iiiiiiii?i?~ii==~Declarincj the ~ii?i~"Ukiah's Opposition to "The Utility Rate Reduction and
:::::::::::::::::?:::::?: Reform Act", ~'d i'nitiative Defined As Proposition 9.
:.:.:-:-:-:-:-:-:. ..,.......
~ii~iiitem was form.~!;y Item "e' of the Consent Calendar.
· :.:.:.:.:,:.:.:.:,:.:.:.:, ..:.:.:.:.:.-
· :.:.:.:.:.:.:.:.:.:.:.:.:.:.; ,.:.:.:.:.:.:.-
..... ~ii::~i::iiii!i!!i!iii!~ii!?...:~ ......
Public Utility Director Barnes advised that the City is not directly affected by the bonds
as the purpose of the bonds were to fund a rate reduction for the Investor Owned Utilities.
Staff is concerned with the mechanism for paying the bonds. Should the bonds be
returned to the state, it could significantly impact some functions of the City. Despite the
Regular Meeting - August 19, 1998
Page 8
expressed State pledge set forth in Assembly Bill 1890 (AB 1890), Proposition 9 would
prohibit collection of the special charge for the payment of principal and interest on the
rate reduction bonds. He expressed concern with the lack of funding mechanism for these
bonds and if they go back to the State, the taxpayers may be called to finance these
bonds. The City's rate customers will have to pay for the bonds, which is not what was
originally intended. He referred to information which was provided to Council concerning
the potential reduction in State revenues that could impact local governmen~i~'' This could
also increase the City's borrowing interest rate because of the ap .p..:earan~i!~f a risk for a
government in the near future. . .......................... ~:~:~,~ ....
Discussion with staff followed concerning fiscal conc~?~oten'i:i~jliii~j..~.s., on other C.i~
services, endorsement by the League of California Ci~i~~s opposi:fi~!~:~~~ 9, and4~
structure of the bonds.
Public Comment Period Opened: 8:45 p.m.
Phil Baldwin, 627 Willow Avenue, voiced his co~:~'n":~ii~i!i~0.':.~rmation was provided
Council with regard to endorsement of Propositi.e..D:.ii~ and f~!ii~i!~!~uncil needs to weigh
information from both sides of an issue in o~:~ii~iii~ake a
.......;.......... ....... ................................................. . '.:::::::.'
Karen Poplawski, 612 Walnut Avenu..~?~:~vis;~!iii~'":'.~?i?!~.~:::b.,e~"Working with The Oaks
Project as a volunteer and gathered.~i~'natur.e..~ii::ii'n ~!!~:!i~".;~position 9. She felt staff's
report is one-sided and noted that..~ii{~tilities:~ oppo~"ff::t:b Proposition 9. She reported
that the author of AB 1890 assu.~iii~nsu~vatch d...~ that these were not State bonds
and there is stipulation that th~iiii~t:ate casUiSt be h..e..::{.~-i~'esponsible. She felt Proposition 9
would not affect the City'$~ab!~!~ to obt..~i!~?~b.o.~:d~!iii~::'the future.
Michae..! iii .n.g, petitioned the State in 1989 to have
schools'"~ili~iii~g...e of t~ii!~iii~.:.a..tural gas. It met immediate opposition by the utilities
and took t~ii~~:..to g~i~iiii~~i?..egislation. He discussed the School Project Rate
Reduction (S .P....'i~i!iii~ii~pw, ir~::~!~i~iii~iii¥{'became possible for schools to procure their own
natural ga.s...~ii~iiii!~ii!i~iii~~d wit~::i!i~3spitals in this area as well. He encouraged the City
Counc.i!i?:.:t:~' not take":~ii~!!i~h~i~:the matter but rather to obtain more facts, pros and cons,
.....~.....
.:.:.:.:.:.
· ::':.:!~!~i!i!!!? .:::::::::'
Do.:-:.:.:.:.~.: , , ..:+:.:.~,
.a~l.d Drell, W~ll~ts r.:..e"S~dent and member of The Oaks Project, presented material and
~!~ed a prese:~:!~i:ion to Council. It was his opinion that small businesses and
~~.t. ial user.s..:~:'paying for everything. He discussed the purpose of the initiative and
of P oposit,on 9
l"!!ii!!i~!iiiiiiiiiiiiiiiiii~~ee residential and small business consumers electric rate reductions of at
............... i:~'~'st 20 percent.
,
.
Bar utilities from charging customers for the cost of $6.5 billion in rate reduction
bonds.
Prohibit customers from being forced to pay the nuclear plant debts of utilities.
Prohibit the sale of information on consumers without their consent.
Regular Meeting - August 19, 1998
Page 9
.
Provide for judicial review of how the State Public Utilities Commission implements
the State Electric Restructure Plan.
Alec Broaggio, P.G.&E. representative from Eureka, discussed the bond issue and its
impact to Ukiah government services. He reported that these are not State bonds but were
sold by the utility company and noted that the State will not interfere with the payment of
the bonds. He noted that the bond money that was sold to refinance the debt is imbedded
in the utility system. He discussed refinancing the debt at a Iow nterest rate over a long
payment period. The history of how the billing process came about was di~ussed. He
concurred with staff's report of the Proposition 9. ..~iiiiii~: ........ -~;-.:ii!~i!i~!iiiii~ ....
..:-:-:,;,: 4-;-.'.:,. .'.'-'~,'-'
.,;-;.'.:,;,:4-.',:,;-:-; ..;.:.;,;-:.:.'
Michael Manning discussed how deregulation is not w~liDg for~ii~¢~S...umer. He noted
that, when the cost of electric is decreased, a cap:~!ili~iiii~i::~ced w.'~i~iiii~iii~!~.% above t~~
average utility cost. He noted that the citizens wiiiiiii~'0t
discussed the Diablo Canyon Nuclear Power Plant ~ how it,~!:;~ very
'~:i:i:"::i:::i~:::":~:~:~;~:~:i~!'::":, , '"'-'-': ..... ,
Council requested that in the future they be balance of ,r~mat,on on
issues. Concern was also expressed regarding the;;i~!i~i~!!~':. ~i::li:ty to finance bonds in the
Finance Director Elton commented on uni~.t..~~iii~,nsequ~~i!iii~:'"'the initiative by not
allowing a charge to pay back the debt...~i{~ii?:~i~ii!~ii!~pande~iiii~Pon by the courts and
could serve as incentive that would fu~"r'" "'--' ~ -limi.t.:ii~i~iii~iii~..e..~¢~arging fees. The City is
not affected by AB 1890, however, 13¢?::;~xpres~ c(~'~~iii~i~ the bond issue.
MIS AshikulMalone to take n.0iiii~iition .¢~i!::~he ma.~¢i~, carried by the following roll call
vote: AYES: Councilmembers;~::iku, Kgi !: and ~r Malone. NOES: Councilmember
Mastin. ABSTAIN: None~::i::i~A~ENT: ~~.{~~er Chavez.
11.
Council~~iiii!Ashik~i!i!ii~6~6~;~::..meeting with City Manager Horsley, Police Chief
Williams, L~i~iiii~b.oples,"::~iiii~bers of the Department of Justice to open dialog
regarding th..e..~:~g~~i~iB~]ii~ shd~.t:-i~::"of Marvin Noble. He felt that City staff was open to
commen..::..t:.¢ii!i~!~:~8:::::~:~ii~~]~.t::~:..e is':~:~mprising policies and procedures for the forum. He
;;::':'::' :" ::::::::::::::::::::::::::::::::: "':':::::'::!:i:;;' · ~ ·
noted .~.at many of tho..:S.e~:;~:;::Spoke at tonight s meebng did not participate in the forum.
Cit.y..:~ii!~{~ff has made ~i.!.~~itment to maintain these lines of communication and to
pa...~i~'ipate in the foru~i~, ..... ''::~
:.:,:,:.:.:v....
::::::::::::::::::::
,.;.:.:.:,:..
~:.:r.. Malone su.g..~ted limiting the comments from the audience on non-agenda items
.t.'.:'~i?~i~i~!i~g. ute.s...:,a..~iii~ncouraging further public participation in the forum process.
C~i~~i~i~"~'r Kelly commended Commissioner Ashiku for his participation in the forum.
She reported on her participation in a League of California Cities Community Service
Policy meeting in Sacramento recently. She chaired the Helen Putnam Award for
Excellence Committee which included 42 applications. Her committee addressed
community services issues, particularly related to youth, as well as family and human
services projects. She noted that many of these projects are collaborative projects.
Regular Meeting - August 19, 1998
Page 10
She reported meeting today with people working on the recreation center for Ukiah and
they are refocusing their efforts towards assisting in the establishment of the Boys and
Girls Club. The group met with Kim Logan from the Ukiah Unified School District as to how
they can be involved in the new school site on the Wards property. She recommended
that the matter of partnering with the Ukiah Unified School District for the new school site
be agendized at the next City Council meeting.
The Sun House Guild had record attendance for the basket exhibit. ::She no.t~"that Sunset
Magazine and Cowboy Magazine carried an article on the ba~.'.t..:::::~:..e..~!i~'it. The Guild
received $30,000 to produce a video on this exhibit and~[~ce the.."ii~i~..~!ili~, produced, it will
go to the Smithosian Institute. The City will receive 5..0..'~i!!~*the p'~ii~ii::~.t, he sale of t~
Today she met with the Skateboard Park Committ~!!~D.,d...n~i~d their ne~:~!ii~ii~iii~'ill be
held at Todd Grove Park on August 25, 1998. Le~ii~iiiiiii-.b.e distributed t0":h:~ighboring
residents of Todd Grove Park. She discussed an u~i~!i!~kateboard competition and
Councilmember Mastin reported that on .S.....a.'~~.~:.. Sept;":~!iii~:~?'1998, the Coastal
Commission is coordinating a Coastal Cle~ii~iii~!~ii~e encee:ged the community to
participate .... ~i!ii?: ..... .i?~iii!i!ii!iiiiii!!iiiii!iiiiii!iiiiiiii~i~i~iii!~ ........... ~?:'
Mayor Malone discussed his att .e...~..d..'~:nce at..~::~:i'ecent ~~A meeting. He reported his
..... :i:i:i:.:"'~!':":~:' · '-:~'.:., .i!!.:.:!!i~: .....
parbc~pabon ~n a League of .~.a..!~)rn~a ::~i~es Co~.mumty Service Policy meebng ~n
Sacramento recently and disc...u:..~':'~'the .P.:.'~osed ;~i~rette tax. He discussed the Board
of Supervisors recent passa, g~!~'the T. ~ii~!?~i;[o...u.r.:i:.s..:~!i~x. This tax will assist in the funding
of local ev...~S through.o..~!ii~i!~ounty ~ii~i~iii~ promote tourism.
Mayor Ma(~ii~~ed C(~iiiiiii~i::.:t. heir participation in the City Employees Picnic on
13. GEOSED sE~~iiiiiiiiiii~iiii~i~
..,......;
'""'"'"" . ....
.::i::ii?:?:i::ii?' ......,...ili?:?:ii? ;:~i!::~ ....
.-.-............ .:.:.:.:.:
,................ ..........
.......... · ........
· :.:.:.:.:.:.:.:.: .:,:.:.:.:.
.-..........,...... .........,
===================== .:.:.:.:.:.-
..i~iiii!iiii~: ADJOURN.~!~T
,.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:~
~i~Malone.a~j~:Urned the meeting at 9:54 p.m.
Marie Ulvila, City Clerk
Regular Meeting - August 19, 1998
Page 11
Sa
ITEM NO.
DATE: SEPTEMBER 2, 1998
AGENDA SUMMARY REPORT
SUBJECT:
DENIAL Of CLAIM FOR DAMAGES RECEIVED FROM UKIAH AMBULANCE
SERVICE, AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD
EMPIRE MUNICIPAL INSURANCE FUND
The claim from Ukiah Ambulance Service was received by the City of Ukiah on August 14,
1998 and alleges damages related to unfair business practices from August 19, 1997 within the City
of Ukiah.
Pursuant to City policy, it is recommended the City Council deny the claim as stated and refer
it to Redwood Empire Municipal Insurance Fund (REMIF).
RECOMMENDED ACTION:
Deny Claim for Damages Received from Ukiah Ambulance
Service; and Refer It 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:
Claimant
Claimant
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Claim of Ukiah Ambulance Service, pages 1-4.
Candace Horsley,
mfh:asrcc98
0902CLAIM
CHICAGO
JACKSONVILLE
LOS ANGELES
MADISON
MILWAUKEE
ORLANDO
SACRAMENTO
SAN FRANCISCO
FO LEY & LARD N E R
ATTORNEYS AT LAW
402 WEST BROADWAY, 23RD FLOOR
SAN DIEGO, CALIFORNIA 92101-3542
TELEPHONE (619) 234-6655
FACSIMILE (619) 234-3510
WRITER'S DIRECT LINE
July 30, 1998
VIA FEDERAL EXPRESS
City Council
c/o City Clerk
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Re' Claim Against City of Ukiah
Dear Council Members:
TALLAHASSEE
TAMPA
WASHINGTON D.C.
WEST PALM BEACH
LEON FOLEY (1894-1978)
LYNFORD LARDNER, JR. (1915-1973)
FILE NUMBER
089002-0101
14 1998
Cfi"Y CLERK DEP'ARI'MENT
On behalf of our client, Robert McAdoo, d.b.a. Ukiah Ambulance Service
("Ukiah Ambulance"), we hereby make a claim against the City of Ukiah and make the
following statements in support of the claim:
1. Claimant Ukiah Ambulance's post office address is 130 Ford Street,
Suite 204, Ukiah, CA 95482.
2. Notices concerning the claim should be sent to R. Michael Scarano, Jr.
at the law firm of Foley & Lardner, 402 West Broadway, 23rd Floor, San Diego, CA
92101-3542.
follows:
3. The date and place of the occurrences giving rise to this claim are as
a. On August 23, 1991, the City of Ukiah ("City") began operating
an ambulance service in competition with a private provider of such service, Leanard Winter,
who at that time operated under the trade name of Ukiah Ambulance. In furtherance of its
ESTABLISHED 1842 [ ~
:
A MEMBER OF GLOBALEx WITH MEMBER OFFICES IN BERLIN, BRUSSELS, DRESDEN, FRANKFURT, LONDON, SINGAPORE, STOCKHOLM AND STUTTGART
FOLEY & LARDNER
City County
c/o City Clerk
City of Ukiah
July 30, 1998
Page 2
ambulance service, the City enacted Ordinance No. 922 which, in pax't, required the
Department of Public Safety to dispatch all 911 emergency response calls within the City to
its municipal ambulance service? These actions taken by the City prevented any private
provider of ambulance service from handling emergency response calls within the City of
Ukiah.
b. On Novetnber 22, 1994, the Superior Court of California, in
and for the County of Mendocino, found that the City's Ordinance No. 922 improperly
created an exclusive ambulance operating area and was therefore void as inconsistent with the
Emergency Medical Services System and the Prehospital Emergency Medical Care Perso~mel
Act (Health & Safety Code sections 1797 et seq.; hereinafter, "EMS Act"). See Statement of
Decision, City of Ukiah v. County of Mendocino, Case Nos. 65248, 65575 [Consolidated].
In reaching this decision, the Superior Court found that the EMS Act granted only counties
the authority to establish an exclusive ambulance operating area. Id. As the City ordinance
was now void, the court ordered the City to cooperate with Mendocino County ("County") to
effect a lawful emergency ambulance dispatch system within the city limits. Id. To date, the
City has failed to establish in conjunction with the County such a lawful emergency
ambulance dispatch system and remains the exclusive provider of ambulance service within
the City limits, without authority from the County.
c. On June 30, 1997, the Supreme Court of California held, in
agreement with the Mendocino County Superior Court, that cities which were not providing
ambulance services as of June 1, 1980, may not unilaterally create or maintain an exclusive
operating area for such services, as the City has done in this instance. County of San
Bernardino v. City of San Bernardino (1997) 15 Cal.4th 909, 64 Cal Rptr. 2d 814, 831.
d. On August 19, 1997, a formal written request was made to the
City by Russell S. Bullock on Ukiah Ambulance's behalf expressing Ukiah Ambulance's
desire that the City discontinue its exclusive operating area and that Ukiah Ambulance be
permitted to work in partnership with the City in providing emergency ambulance service
within the city limits. The City, however, has ignored this request and has failed as yet to
participate in the establishment of a call rotation system for providing emergency ambulance
-~/ Ukiah City Ordinance No. 922 took effect on December 20, 1991.
FOLEY & LARDNER
City County
c/o City Clerk
City of Ukiah
July 30, 1998
Page 3
service within the City. Ukiah Ambulance has, on several occasions, reiterated its request
that the City work with the County to establish a call rotation system which would include
Ukiah Ambulance, as it is required to do by the EMS Act and by orders of the Mendocino
County Superior Court and the California Supreme Court.
e. As of this date, the City has continued to maintain an unlawful
exclusive operating area for the provision of emergency ambulance services within its
boundaries. This exclusive operating area created by the City is in violation of the EMS Act
and has continued despite numerous requests from Ukiah Ambulance for the City to
participate in discussions with the County to establish a call rotation system.
f. In response to Ukiah Ambulance's attempts to secure its lawful
rights to operate within the City, the City's representatives have engaged in a campaign of
delay. For example, a representative of the City unilaterally instructed County
representatives not to attend a June 2 meeting previously initiated by Ukiah Ambulance for
the express purpose of having City and County establish an appropriate dispatch rotation, as
required by law. At that meeting, which was held without the personal attendance of County
EMS personnel as had been planned and anticipated by Ukiah Ambulance, City
representatives threatened to compete with Ukiah Ambulance outside City limits and in the
nonemergency interfacility ambulance market if Ukiah Ambulance persists in attempting to
enforce its legal right to operate within the City.
4. As a result of the City's refusal to address its violation of the EMS Act
and its failure to work out a call rotation system with the County, as requested by Ukiah
Ambulance on August 19, 1997, Ukiah Ambulance has suffered, and continues each day to
suffer, loss of business with respect to its exclusion from the City emergency ambulance
services market. Ukiah Ambulance's injury due to this loss of business is in excess of
$1o,ooo.
5. The public employees causing Ukiah Ambulance to suffer injury
include, but are not limited to, Candace Horsley, Ukiah City Manager, and Fire Chief Roe
Sandelin.
6. Ukiah Ambulance's claim as of this date is in an amount that would
place it within the jurisdiction of the Superior Court. The claim is based on the injuries,
damages and losses suffered by Ukiah Ambulance, in a specific amount to be proved later, as
a result of the City's actions in violation the EMS Act.
FOLEY & LARDNER
City County
c/o City Clerk
City of Ukiah
July 30, 1998
Page 4
number.
If you should have any questions, please feel free to call me at the above listed
RMS:mb
CC:
David Rapport, Esq.
Candace Horsley, City Manager
Robert McAdoo
Very truly yours,
R. Michael Scarano, Jr.
for Robert McAdoo,
d.b.a. Ukiah Ambulance
RMS\M ISC\66781.3
5b
ITEM NO.
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT:
REPORT OF THE ACQUISITION OF LANDFILL WINTERIZATION AND
EROSION CONTROL SERVICES FROM THE CALIFORNIA
CONSERVATION CORPS IN AN AMOUNT NOT TO EXCEED $10,000
SUMMARY: In compliance with Section 1522 of the City of Ukiah Municipal Code, this
report is being submitted to the City Council for the purpose of reporting the acquisition of
services costing $5,000 or more but less than $10,000. City staff worked with the
California Conservation Corps (CCC) to identify services to be performed at the solid waste
disposal site. The CCC has agreed to perform various landfill winterization and erosion
control projects for an amount not to exceed $10,000. The City has been very pleased with
the CCC's work at the landfill during the past several years.
RECOMMENDED ACTION: Receive and file report. Report is submitted pursuant to
Municipal Code.
ALTERNATIVE COUNCIL POLICY OPTIONS' None.
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with:
Attachments:
Rick Kennedy, Director of Public Works/City Engineer
Rick Seanor, Deputy Director of Public Works~)~
Candace Horsley, City Manager
Rick Kennedy, Director of Public Works/City Engineer
1. Fiscal Year 1998/1999 budget sheet
APPROVED.t__~----~/, (:,~.. ~
Candace Horsley, G-~y Manager
RJS:AGLFCCCSUM
Sc
ITEM NO.
DATE: September 2. 1998
AGENDA SUMMARY REPORT
SUBJECT:
NOTIFICATION TO COUNCIL REGARDING CLEANING OF ANAEROBIC
DIGESTER AT THE WASTEWATER TREATMENT PLANT FOR THE SUM
OF $9,995.00
Included in the 1 998/99 Budget in Account Number 612.3580.250.000 is
$1 5,000 to clean one anaerobic digester at the wastewater treatment plant.
Requests for Quotations through the informal bid process were sent to three firms
that specialize in digester cleaning. Three bids were returned and evaluated by
staff. The Iow bidder is Northwest Industrial Scrub with a total bid of $9,995.00.
A purchase order has been issued to Northwest Industrial Scrub. Based on our
purchasing policies, we are giving the City Council the required notification of this
action.
RECOMMENDED ACTION: Receive and file report regarding the anaerobic
digester cleaning at the wastewater treatment plant.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Prepared by: George Borecky, Water/Sewer Operations Superintendent
Coordinated with: Candace Horsley, City Manager
Attachments:
1. Bid Tabulation
APPROVED:~.
Candace Horsley, City ~v~anager
o 0 0
0 o 0
5d
ITEM NO.
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT:
NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID TO
WlPF CONSTRUCTION TO TRUCK BIOSOLIDS TO THE REDWOOD
LANDFILL FOR THE SUM OF $9,000
REPORT: Included in the 1998/99 Budget in Account Number 61 2.3580.690.000
is $100,000 for the disposal of biosolids. City Council recently approved the
expenditure for the disposal of biosolids at the Redwood Landfill. That
expenditure did not include the trucking from Ukiah to Redwood Landfill in Novato.
Three haulers were contacted to give us a bid for the trucking expense. The only
firm interested in the trucking of these biosolids was Wipf Construction for a cost
of $68.00 per hour or an approximate cost of $300 per load. A purchase order
has been issued to Wipf Construction for this amount. Based on our purchasing
policies, we are giving the City Council the required notification of the action.
RECOMMENDED ACTION: Receive and file report regarding the award of bid to
truck biosolids to Wipf Construction for the sum of $9,000.00.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Prepared by: George Borecky, Water/Sewer Operations Superintendent
Coordinated with: Candace Horsley, City Manager
Attachments:
1. Tabulation of Bids
APPROVE .O~~. ~.-'[Z~~p,A
Candace-H0rsley, (~itt
Manager
0
0
0
0
0
0
ITEM NO.
DATE: September 2, 19.98
AGENDA SUMMARY REPORT
SUBJECT: REJECTION OF BIDS FOR SUPER DUTY 4 x 2 TRUCK FOR FIRE
DEPARTMENT
SUMMARY: Quotations were requested for delivery of one (1) Super Duty 4 x 2 Truck. Three
quotations were received. An error in specifications for this vehicle resulted in quotations for a
service body that is not appropriate for the chassis. Awarding a bid under these circumstances
would result in purchase of a vehicle that would not meet service requirements.
RECOMMENDED ACTION: Reject all quotations, direct staff to make necessary corrections
to specifications and request new quotations for the delivery of the vehicle.
ALTERNATE COUNCIL POLICY OPTIONS:
1. Direct staff to select one of the quotations.
Acct. No. (If NOT budgeted):
Appropriation Requested: N/A
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.: 698-2101-800-000
Candace Horsley, City Manager
Roe M. Sandelin, Fire Chief
Candace Horsley, City Manager
1. Tabulation of Bids
2. Excerpt of 1998/99 Budget
APPROVED: ~
Candace Horsley, Cit~x~Manager
o
o
o
I--
Z
0
I--
Z
LU
ITEM NO. 5t=
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION
REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY
SUMMARY: The Mendocino County General Services Department has requested a
waiver from the 60-day notification requirement, as established by Government Code
[}25351, to lease and use commercial office space within the City limits. Government
Code [}25351(d) provides for such a waiver if the City Council adopts a Resolution to this
effect.
The County has committed to lease the property at 215 West Perkins Street in order to
install a Sheriff's evidence storage and processing facility. The attached letter from
General Services Director Pete Halstad describes the intended use, and staff has no
objection to the proposed, commercial-like use of the property, or to the 60-day waiver of
G.C. 25351.
RECOMMENDED ACTION: Adopt the attached Resolution waiving the 60-day noticing
requirement pursuant to the provisions contained in Government Code {}25351.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Do not adopt the waiver Resolution, thereby require the County to wait 60 days from
the date of notification to lease and use the property located at 215 West Perkins Street.
Citizen Advised: N/A
Requested by: Pete Halstad, County General Services Director
Prepared by: Robert Sawyer, Planning Director
Coordinated with: Candace Horsley, City Manager
Attachments: Resolution
Letters (Pete Halstad & Clerk of the Board of Supervisors)
APPROVED: ~~---~?
Canda~ce H~rsley, ~itylManager
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE
60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY
FACILITY WITHIN THE CITY LIMITS, PURSUANT TO GOVERNMENT CODE
§25351
WHEREAS,
1. Government Code {}25351 requires that a County notify a City in advance of its
intent to locate a County facility in the incorporated area; and
2. Government Code [}25351 further requires that said advance notification occur
at least 60 days prior to use and occupancy of the County facility, unless the City Council
waives the notification requirement by Resolution; and
3. The Mendocino County General Services Department has requested a waiver
of the 60-day notification requirement to lease and occupy property at 215 West Perkins
Street for the purpose of establishing a Sheriff's evidence storage and processing facility;
and
4. The proposed evidence storage facility will be shared for such purposes with
the City of Ukiah Police Department; and
5. The property located at 215 West Perkins Street is zoned for a wide variety of
commercial uses, which does not preclude the proposed use of the site.
NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of
Mendocino a waiver of the 60-day notification requirement so as to honor a lease
commitment, and to occupy the premises at 215 West Perkins Street for the purpose of
establishing an evidence storage facility to be used by the County Sheriff and the Ukiah
Police.
PASSED AND ADOPTED on September 2, 1998, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Sheridan Malone, Mayor
Peter W. Halstad, Director
Purchasing Agent
Telephone:
(707) 463-4291
FAX:
(707) 463-4673
August21,1998
City Council
City of Ukiah
300 Seminary Avenue
Ukiah CA 95482
COUNTY OF MENDOCINO
GENERAL SERVICES DEPARTMENT
841 Low Gap Road
Ukiah, California 95482
Re: County Lease of 215 West Perkins Street, Ukiah
Honorable Council Members:
Buildings & Grounds
Fleet Maintenance
Printing/Duplicating
Purchasing/Stores
Telecommunications
The County of Mendocino has entered into a lease for the premises at 215 West Perkins
Street in Ukiah. The building will be used for the Sheriff's evidence storage and processing,
and be shared for those purposes with the City of Ukiah Police Department.
In addition to its proximity to the Courthouse and to City Hall, this location will provide the
Sheriff' s Department with a number of off-street parking spaces. We are hopeful that this
will help somewhat to alleviate the competition for law enforcement parking in the
downtown area.
Because of the short time frame for locating a facility and rendering it suitable for
occupancy, we, unfortunately, had no choice but to commit to the lease without having
provided the 60-day notice required by Government Code Section 25351 (b). In addition,
due to an oversight on my part, my office neglected to request a resolution waiving such
notification, as permitted by Government Code Section 25351 (d). I sincerely regret these
errors and, by this letter, I respectfully apologize for that oversight and hereby request the
appropriate resolution at the earliest opportunity. This will enable us to proceed with the
work required for the Sheriff to occupy the leased premises by October 1, 1998.
Thank you for your consideration.
Yours truly,
Pete Halstad
Director, General Services
cc;
Mendocino County Board of Supervisors
Michael K. Scannell, County Administrative Officer
Jim Tuso, Sheriff
JOYCE A. BEARD
CLERK OF THE BOARD
Telephone:
(707) 463-4221
FAX: (707) 463:4245
COUNTY OF MENDOCINO
BOARD OF SUPERVISORS
501 LOW GAP ROAD, ROOM 1090
UKIAH, CALIFORNIA 95482
RECEIVED
August 20, 1998
AUG 2 1990
City Clerk
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
~' y
RE: NOTICE OF INTENT PER GOVERNMENT CODE SECTION 25351 (b)
NOTICE is hereby given pursuant to Government Code Section 25351 (b) of
Mendocino County's intent to do the following'
I. GO TO BID'
( ) to construct a county building
( ) to expand an existing building
II. LEASE'
( ) to expand the use of an existing building
(X) entering into a lease of an existing building
Agency: Sheriff's Department
Location: 215 W. Perkins, Ukiah, CA
Sincerely,
COUNTY OF MENDOCINO
BOARD OF SUPERVISORS
By: ~,¢~ ~ ~r:~
Assistant Clerk of the Board
CC'
General Services
Sheriff's Department
MICHAEL M. DELBAR
FIRST DISTRICT
THE BOARD OF SUPERVISORS
RICHARD SHOEMAKER JOHN PINCHES PATRICIA A. CAMPBELL
SECOND DISTRICT THIRD DISTRICT FOURTH DISTRICT
CHARLES F. PETERSON
FIFTH DISTRICT
5g
ITEM NO.
DATE: September 2 1998
AGENDA SUMMARY REPORT
SUBJECT:
AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT WITH
KENNEDY/JENKS CONSULTANTS TO COMPLETE DESIGN OF
TRICKLING FILTER MODIFICATIONS AND ADDITIONAL PUMP FOR
THE SUM NOT TO EXCEED $21,500
REPORT: During budget year 1997/98, Kennedy/Jenks Consultants completed the
study that investigated the reduced flow capacity of the existing trickling filter
pumps and prepared hydraulic calculations and sizing criteria to add a new pump
for increased capacity and backup at the wastewater treatment plant. Staff has
evaluated their findings and concurs that it will be necessary to modify the
existing trickling filter pumping system and add an additional trickling filter pump.
Kennedy/Jenks Consultants, who has designed all of the plant expansions and the
tertiary treatment facility has submitted a proposal for the sum of $21,500 to
complete the design of these trickling filter modifications. $25,000 was allocated
in the 1 998/99 Budget, Account No. 612.3580.250.000, for the purpose of these
trickling filter design modifications. Staff recommends that the City Council authorize
the City Manager to enter into contract with Kennedy/Jenks Consultants to design the
trickling filter modifications and additional pump for the sum not to exceed $21,500.
RECOMMENDED ACTION: Authorize the City Manager to enter into contract with
Kennedy/Jenks Consultants to design the trickling filter modifications and additional
pump for the sum not to exceed $21,500.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject proposal and refer back to
staff.
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Prepared by: George Borecky, Water/Sewer Operations Superintendent
Coordinated with: Candace Horsley, City Manager
Attachments: Scope of Work
candace H~)~l~y, City Manager
~PR l? 'gB 04~22PN KEHHEDY×~EHK~ COH~UL P.6/10
CITY OF UKIAH
KENNEDY/JENKS "AS NEEDED" ENGINEERING SERVICES
TASK ORDER NO. 5B
SECOND PHASE SERVICES
TRICKLING FILTER PUMP IMPROVEMENTS
WASTEWATER TREATMENT PLANT OPERATIONS
SCOPE OF SERVICES
17 April t998
The following request for engineering services is hereby prepared and submitted in accordance
with the Master Agreement dated 17 September 1996 between Kennedy/Jenks Consultants
(Kennedy/Jenks) and the City of Ukiah (City).
BACKGROUND
At the Wastewater Treatment Plant there are four trickling filters pumps located in a sump at
the end of the primary sedimentation tanks which pump primary effluent to two trickling filters
for biological treatment. Each trickling filter has a designated fixed speed and variable speed
pump. Depending on the season a desired flow to one or both filters is determined by a
combination of operating a fixed speed pump and/or manually setting a variable speed pump.
During peak wet weather all four pumps are required at a total rated capacity of '18 million
gallons per day (mgd). If a pump fails during peak wet weather flow or the plant flow exceeds
18 mgd the excess will bypass the trickling filters and not receive full treatment.
Since the flow to the plant varies throughout the day and the trickling filter pump flow is set at a
fixed rate, make-up'iS provided through recirculafion. Trickling filter effluent is returned to the
pump sump and controlled by raising and lowering a weir gate to maintain a desired level in the
sump. Originally a modulating valve was installed on the recirculation line and controlled by a
level sensor in the sump. The valve and controls ha. va since deteriorated due to the corrosive
environment and have been replaced by a slide gate. The gate is manually controlled and
requires regular adjustment to avoid pumping the sump dry or over flowing the sump and
bypassing the trickling filters.
The following improvements have been identified by City staff to provide back-up pumping and
to improve the reliability of the sump level control through recirculation:
.
Install a fifth trickling filter pump with a variable speed drive to provide back-up pumping to
either trickling filter. Dual discharge piping and valving will be required to connect to the
main line feeding each filter. The pump may also be used to supplement either filter and
increase the overall capacity of the trickling filter process depending on the hydraulic and
BOD loading parameters.
~PR ~? '98 04:~PM KEHHED¥×~EIxlKS CONSUL P.?×~O
,
Replace the manually operated weir gate with a modulating cont¢ol valve to make up the
necessary recirculation and to maintain a constant level in the sump. The monitoring and
control of the sump level to be provided by the new plant computer control system.
3. Provide a means to monitor the flow rate from each pump and incorporate into the plant
computer system to monitor flow.
Kennedy/Jenks is providing Preliminary Investigation and Hydraulic Evaluation of these
improvements under Task Order SA.
SCOPE OF SERVICES
In implement the above identified improvements we offer the following scope of services.
Task SB.'I - Preliminary Design Layout
Prepare a preliminary design on the new pump layout, discharge piping and valves,
recirculation flow control, connections to existing lines and electrical requirements and control
interfacing. Include hydraulic calculations, operation parameters and design criteria information
developed in Task 5.2. Provide catalog cuts and vender information on proposed equipment,'
control valves and monitoring devices.
Deliverable: Prepare and submit three (3) copies of a preliminary design package in the form of
a technical memorandum consisting of preliminary drawings, sketches, product information,
electrical and control schematics and a brief description of the improvements.
Task 5B.2 - Final Design Drawings
Based upon an approved preliminary design with incorporated City review comments, prepare
final design drawings for construction. Drawings to be prepared in AutoCad Release 14 and
printed on 22-inch by 34-inch vellum sheets. Four drawings are anticipated consisting of a title
sheet including site map, abbreviations, legends and construction notes, a mechanical plan
showing the pump and piping layout and sections, a mechanical detail sheet and an electrical
plan.
Deliverable: Submit three (3) copies of completed design drawings for review. Incorporate City
review comments and prepare a final set of original, reproducible drawings that are stamped
and signed by a registered professional engineer.
Task 5B.3 - Equipment Specifications
Prepare technical specifications for the selected equipment. Specifications to be prepared in
CSI format using the engineer's guide specifications. The following equipment specifications
are anticipated:
Section 11001
Section 11002
Section 11215
General Mechanical Requirements
Eiectdc Motor Drives
Vertical Mixed Flow Pump
~PR 17 'DS 04~PM KEMMEDY~JEMKS COMSUL P.8×10
Section 15050
Section 16010
Section 16924
Section 17000
Piping, Valves and Accessories
General Electrical Requirements
Adjustable Frequency Drives
Controls and Devices
Requirements for sitework, concrete and structural work to be provided in note form on the
drawings.
At this time contract documents and general conditions are anticipated to be provided by the
City and are not included in this scope of services, However, these documents can be provided
as additional services if requested by the City at an agreed to reimbursable budget
augmentation.
Deliverable: Provide three (3) copies of the completed equipment specifications with the
completed drawings in Task 5.4. Incorporate City review comments and prepare a final set
equipment specifications.
Task 5B.4 - Cost Estimate
Prepare an estimate of the probable construction cost on the final improvement drawings and
equipment specifications. The estimate to be broken down by major equipment items and work
disciplines. A preliminary construction estimate of the work is attached.
Task 5B.S. Deliverables and Reproduction
Provide copies of deliverables as noted above for specific tasks. Upon completion of the work
provide three (3) copies and a reproducible set of original, full-size drawings and equipment
specifications for reproduction. At this time additional pdnting of documents for construction is
anticipated to be provided by the City. Pdnting of documents for construction can be provided if
requested by the City at an agreed to reimbursable budget augmentation.
Task 5B.6 - Meetings, Re. views and Quality Control
Progress meetings and reviews are scheduled following the submittals on the preliminary
design review and on the completed drawings and equipment specifications. An initial site visit
to be performed, if necessary, to verify existing conditions. All deliverables to be reviewed by a
senior level engineer before submit'ting to the City. A brief progress report will be provided with
each billing indicating the work performed and status of the budget.
COMPENSATION
This Scope of Services will be accomplished on a time and expense reimbursement basis in
accordance with our Master Agreement dated 17 September 1996. The engineering budget
estimate for the work is $21,500. A breakdown of the budget by task is provided in the
attached table, Exhibit A.
~PR 17 '98 04:2SPH KEHHEDY×2EHKS COHSUL P.9×10
SCHEDULE
The work to be completed as follows:
Preliminary Design Layout: Within 2 weeks of authorization & completion of first phase.
Completed Design Documents: Within 3 weeks of approved preliminary design.
Final Reproducible Documents: Within 1 week of receiving final review comments.
AUTHORIZATION
Prepared and submitted by:
Authorized by:
~~/,]del A. F~lller, P.E.
LTANTS
Project Manager
CITY OF UKIAH
By
Title
Date
RPR l? '98 04:~23PM KENNEDY?JENKS CONSUL P,10×lO
ul
5h
ITEM NO.
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT:
NOTIFICATION TO COUNCIL REGARDING THE PURCHASE OF A 480
VOLT MOTOR STARTER FROM GRAYBAR ELECTRIC FOR THE SUM
OF $6,31 5.95.
Included in the 1 998/99 Budget in Account Number 820.3850.690.000 is
$10,000 to fund improvements at the water treatment plant and the wells. One of
the scheduled improvements is the replacement of the motor starter at Well #3.
Requests for Quotations through the informal bid process were sent to nine firms
that supply heavy duty motor starter equipment. Four bids were returned and
evaluated by staff. The Iow bidder is Graybar Electric for the sum of $6,315.95.
A purchase order has been issued to Graybar Electric for this amount. Based on
our purchasing policies, we are giving the City Council the required notification of
this action.
RECOMMENDED ACTION: Receive and file report regarding the purchase of a 480
volt motor starter from Graybar Electric.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Prepared by' George Borecky, Water/Sewer Operations Superintendent
Coordinated with: Candace Horsley, City Manager
Attachments:
1. Bid Tabulation
APPROVED: ,~-'~~ ~
(~andace ~orsley~ City Manager
m 0
(J
0
0
0
0
0
0
ITEM NO.
5i
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT:
APPROVAL OF NOTICE OF COMPLETION FOR CONSTRUCTION OF
RUNWAY AND TAXIWAY SLURRY SEAL PROJECT, CALIFORNIA AID TO
AIRPORTS PROJECT NO. MEN-3-97-1, SPECIFICATION NO. 98-01
SUMMARY: Funding for this project was approved in a fiscal year 1998/1999 budget
amendment in the amount of $135,804 in account number 310-7860-250-000.
The work of the contract was completed by American Asphalt Repair and Resurfacing Co.,
Inc., contractor, in substantial conformance with the approved plans and specifications on
August 15, 1998. The final contract cost is $120,657.24. Final payment of the 10 percent
retention in the amount of $12,065.72 will be made to the contractor following 30 days from
the date the Notice of Completion is filed with the County Recorder. The City will claim for
reimbursement 90% of the construction contract cost in addition to engineering design and
inspection costs from the State of California Aeronautics Program.
RECOMMENDED ACTION: 1. City Council accept the work as completed; 2. Direct the
City Clerk to file the Notice of Completion with the County Recorder for Construction of
Runway and Taxiway Slurry Seal Project, California Aid to Airports Project No. Men-3-97-1,
Specification No. 98-01.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Rick Kennedy, Director of Public Works/City Engineer
Rick Seanor, Deputy Director of Public Works ~Jr--
Candace Horsley, City Manager
Rick Kennedy, Director of Public Works/City Engineer
1. Notice of Completion
APPROVED: Candace Horsley, Ci~
RJS:AGNC9801 .SUM
Manager
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482
(707) 463-6200
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
i ·
That the real property described is owned by the following
whose address or addresses are:
The City of Ukiah, a public Entity
300 Seminary Avenue, Ukiah, California
·
That the nature of the title to the RUNWAY AND TAXIWAY SLURRY
SEAL PROJECT, CALIFORNIA AID TO AIRPORTS PROJECT NO. MEN-3-97-
1, SPECIFICATION NO. 98-01 of all said owners is that of fee
simple.
.
That on the 15th day of August, 1998, the Contract was
actually completed.
·
That the name and address of the Contractor is American
Asphalt Repair and Resurfacing Co., Inc., PO Box 3367,
Hayward, CA 94540-3367.
.
That the real property herein referred to is situated in the
County of Mendocino, State of California, and is described as
City of Ukiah Municipal Airport located at 1411 South State
Street, Ukiah, California, 95482.
CITY OF UKIAH, a Municipal Corporation
BY:
CITY CLERK MARIE ULVILA
STATE OF CALIFORNIA)
COUNTY OF MENDOCINO)
I, Marie Ulvila, being duly sworn says: That she is the Clerk
of the City of Ukiah City Council, that she has read the foregoing
Notice of Completion and knows that content thereof and the same is
true of her own knowledge.
Marie Ulvila
Subscribed and sworn to before me this
1998, by Karen Yoast.
day of ,
Notary Public in and for the County of
Mendocino, State of California
4: PW:NOC
Item No.
Date: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT: Notification to Council of Emergency Repairs conducted by Hart High Voltage
in the amount of $9,785.79.
REPORT: On August 1st and 2nd we experienced breaker failures at the Gobbi Street
Substation. In both cases the breakers experienced line disturbances, which required the
breaker to open, in order to attempt to clear the line. The breakers opened as designed,
however they would not reclose automatically. Attempts to reclose the breakers manually
also failed.
Since this occurred during a time of high temperatures, electrical load was at a all
time peak. It was therefore imperative that repairs be made as quickly as possible. Hart
High Voltage had just completed annual maintenance at the substation two weeks prior to
the breaker failures. As a result, they had their required insurance and work documentation
on file. Hart High Voltage was able to dispatch technicians on Monday, August 3, 1998.
The technicians were able to find two circuit boards that had failed, which control the
operations of the breakers and would prevent them from being operated. Diagnostics and
replacement of these electronic controllers amounted to $9,785.79. The work will be funded
from account 800-3642-250.
RECOMMENDED ACTION: Receive Notification relative to Emergency Repairs conducted
by Hart High Voltage.
ALTERNATIVE COUNCIL POLICY OPTIONS: None
Citizen Advised: N/A
Requested by: Stan Bartolomei, Electric Supervisor
Coordinated with: Candace Horsley, City Manager
Attachment:l) None
APPROVED:,
~an~ce Horsley, ~it~Manager
ITEM NO.
5k
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT:
AWARD OF CONTRACT TO PROSEED LANDSCAPE & EROSION CONTROL
CONTRACTORS FOR LANDFILL EROSION CONTROL IN THE AMOUNT OF
$13,665
SUMMARY: The City distributed specifications through its informal bidding process to eight
contractors. Four proposals were received and opened by the City Clerk on August 25, 1998.
The lowest responsive, responsible bidder is Proseed Landscape & Erosion Control
Contractors (Proseed) of Philo, California with a total bid of $13,665 based on an estimated
coverage of 10 acres. The Engineer's Estimate for the project is $14,000. Proseed has
completed the landfill erosion control project for the City the previous two years. Staff has
been very satisfied with the performance of this contractor.
If the bid is awarded, compensation for the performance of the work will be based on unit
prices bid for contract item quantities actually applied. 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.
Continued on Page 2
RECOMMENDED ACTION: Award the contract for Landfill Erosion Control to Proseed
Landscape & Erosion Control Contractors in the amount of $13,665.
ALTERNATIVE COUNCIL POLICY OPTIONS: Council may choose not to award contract,
however the City would then be in violation of its Annual Erosion Control Report approved by
the Regional Water Quality Control Board.
Citizen Advised: N/A
Requested
by:
Rick
Kennedy, Director of Public Works/City Engiqeer
Seanor, Deputy Director of Public Works ~¢)-~-
Prepared by: Rick
Coordinated with' Candace Horsley, City Manager
Rick Kennedy, Director of Public Works/City Engineer
Attachments: 1. Bid Proposal from Proseed
2. Fiscal Year 1998/1999 Budget Sheet
,JS~^GLFE,OS,UM candace Horsley, Cit~Manager
Page 2
September 2, 1998
Award of Contract to Proseed Landscape & Erosion Control Contractors for Landfill Erosion Control in the
Amount of $13,665.00
The landfill erosion control project is required to be completed in accordance with the City's
Annual Erosion Control Report approved by the Regional Water Quality Control Board. The
City does not have the resources to complete the project with its own forces.
As with all construction projects there may be cost overruns by reason of unforseen work or
because actual quantities applied exceed estimated quantities. Policy Resolution No. 13,
authorizes the responsible Department Head with approval of the City Manager to issue
change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is
greater provided that no change exceeds the amount budgeted for the project. The difference
between the budget amount of $15,000 and the bid total of $13,665 will be sufficient to cover
any cost overruns beyond the bid total amount.
Erosion Control Bid Tabulation
Contractor
Proseed Landscape & Erosion
Control Contractors
Philo, CA
Bid Amount (per acre)
$1,395 (first 7 acres)
$1,300 (final 3 acres)
Total Bid (10 acres)
$13,665
Cagwin & Dorward
Landscape Contractors
Novato, CA
$1,46O
$14,600
Carefree Greens, Inc.
Newcastle, CA
$1,500
$15,000
Metamorphosis
Erosion Control, Inc.
Napa, CA
$0.045 per square foot
plus $700 move-in costs
$20,302
August 25, 1998
TO: City of Ukiah
City Clerk
300 Seminary Avenue
Ukiah, CA 95482-5400
FROM: Don Shanley
Don Shanley ProSeed Landscape Contractors
Owner
967 Highway 128
Landscape Design &
Construction Philo, CA 95466
Erosion Control
Disturbed Land Revegetation
Hydroseeding
Power Straw Mulching
Coast Highway South
P.O. ~ 12
_EI~A 9~32
Yelep. l;~ne 707-877-3236
Fa;T/ 707-877-3509
~t'obile 707-489-0369
PROSEED
Landscape & Erosion Control Contracters
967 Highway 128
Philo, CA 95466
RE: BID, LANDFILL EROSION CONTROL
BID DATE: August 25, 1998, 2 P.M.
ATTENTION: Rick Seanor, Deputy Director of Public Works
Landscape Contractor
California License #483967
During my site inspection at the landfill with Jose Castanon, Mr. Castanon indicated
Member International Eros~onthere
Control Association may not be a full ten (10) acres of seeding work as per quotation request dated
Licensed California August 3, 1998. There will be a minimum of seven (7) acres and more areas may be
Nurseryman
prepared for seeding before a scheduled move-in order.
In accordance with NOTICE TO BIDDERS-LANDFILL EROSION CONTROL
dated August 3, 1998 ProSeed agrees to complete work as follows:
UNIT COST ( 7 acres) ~ $1395.00/aere =
ADDITIONAL 3 acres ~ $1300.00/acre =
Total $ 9765.00
Total $ 3900.00
TOTAL COST Ten (10) acres ..................................... $13665.00
ProSeed will invoice the City of Ukiah only the actual area seeded/mulched
between seven (7) and ten (10) acres.
Thank you for the opportunity to quote this work. We have been very pleased with
the results of our work the past two seasons at the landfill and look forward to
completing a timely, professional job this year at the landfill.
~s at__updated upon award of contract.
Don Shanley (~
cc: file (1)
ILl
0 0 0 O0 0
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0 0 1'~ 0 0 t~
ITEM NO. 5 1
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT' RECEIVE REPORT REGARDING PURCHASE OF PUBLICATION SERVICES WITH
THE UKIAH DAILY JOURNAL FOR PUBLICATION OF SEASONAL RECREATION BROCHURE
Section 1522 of the Ukiah municipal Code requires that a report be filed with the City Council for all
budgeted expenditures between $5,000 and $10,000. This report regarding the purchase of
publication services from the Ukiah Daily Journal is being presented to the City Council pursuant to
that purchasing policy.
Three times each year the Community Services Department initiates a recreation programs brochure
listing the various recreation classes and programs available to the community. The preparation of
the brochure is completed by staff but the sales of advertisements which pay the costs of publication,
and the printing and distribution, are put out to bid. The bid process has been sole sourced as the
Ukiah Daily Journal is the only qualified bidder which can provide the full service of advertisement
sales, publication, and distribution without postage costs. The total bid was $6,700 and has been
budgeted in Account # 100.6120.001.
RECOMMENDED ACTION' No action required
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised' N/A
Requested by' N/A
Prepared by'
Coordinated with'
Attachments:
Tammi Weselsky, Community Services Supervisor
Larry W. DeKnoblough, Community Services Director
Candace Horsley, City Manager
Purchase Order
APPROVED:I .... ~
Candace Horsley, Manager
LD2
JOURNAL. ASR
CITY OF UKIAH
'.;UBMIT DUPLICATE INVOICES
fO: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Accts Payable: (707) 463-6230
Purct~ i)opt.: (707) 463-6233, Fax: (707) 463-6234
D E R
PURCHASE ~
':1.. ORDER
NUMBER
08 21 1998
031105
P.O. DATE /
VEflDOR: 037590
UKIAH DAILY JOURNAL
p. O. BOX 749
U~IA~
SHIP TO: 000008
DELIVER
i0122/1998
SHIP VIA F.O.B.
FREIGHT ~ CANCEL DATE
O0/T/UUUU
TERMS
TAX CONFIRM TO
PHONE EXT.
lO00) 000-0000 0000
100.6120.690.001
Black & addt'I color.Tab
Printing, Insertion
16 pg - $1,691.83
24 pg - $2,152.91
or
Quality, size
mailing costs for
·
Per your quote dated 7/29/98
,"., ,,~lher terms and ~;ondilions will be accepted unless agreed to and signed by both padies.
FORM
"~ONTROL NO 1122
VENDOR COP"(
APPROVED
BY:
0990
SUBTOTAL
TAX
ITEM NO. 5m
DATE: September 2.1998
AGENDA SUMMARY REPORT
SUBJECT: RECEIVE REPORT REGARDING PURCHASE OF PAINTING AND RESURFAOING
SERVICES FOR CIVIC CENTER BUILDING
Section 1522 of the Ukiah Municipal Code requires that a report be filed with the City Council for all
budgeted expenditures between $5,000 and $10,000. This report regarding the purchase of painting
and resurfacing services from H. L. Weaver Painting is being presented to the City Council pursuant
to that purchasing policy.
In the Fiscal year 1998/99 budget the City Council approved the expenditure of $6,000 in Account #
100.1915.800 for phase two of the painting and resurfacing of the Civic Center. This project was
originally bid in 1996 and was awarded to H.L. Weaver Painting to be completed in three phases.
The first phase was the Civic Center's east face (front) and the second phase was the northside
fronting Clay Street. Should the Council approve phase three, projected for budget year 1999/2000,
the west and south sides will be completed. As stated above, the budgeted amount for the second
phase is $6,000 and the project was completed in the amount of $5325.
RECOMMENDED ACTION: No action required
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: N/A
Prepared by:
Coordinated with:
Attachments:
Larry W. DeKnoblough, Community Services Director
Candace Horsley, City Manager
Nora Kennedy, Purchasing Supervisor
Original Bid
APPROVED.~ ~ .~~-~_0~
Candace Horsle¥, ~ty Manager
LD2
WEAVER.ASR
ItL .de.3.ver' F'tg. H~51'.I F_ntr'. ~sx : ?Ui'-4E,,5-UD'3~ i~18t- ~4 1~':2~
TO
BUS,NESB ADDRESIi 300 Seminary Ave.
flEPR[~ENTATIVE/CONTRACTOR ~:, Larry DekBoblough
STATE LICENSE NO. 476225
P.O, Drawer 937, Uklah, CA 05482
Phone (707) 462-4898
Propos'al and Contract
C~ OWNER
City of Ukiah ,,[~t. ess[~ OAT[ .......
463-6221
Fa~,X 4~3..-.~ ~'~
: TI~-~.I~RoPOSAL I~'VOID UNLESs ACCEPTED WITHIN THIRTY DAYS
We pr0p0set0fumlshthef0110wlng:
Labor and materials to repaint/elastomeric seal exterior of Civic
Center. Powerwash ail painted surfaces after treating mildew and f~~.
Repalrstucco with elastomeric compound, seal stucco surfaces with
elastomeric sealant, repaint soffits, gutters and downspouts witi] frost
color latex paint. Prep, spot prime bare wood and repaint green patio
covers with low-sheen enamel and repaint metal doors with alkyd enamel.
Costs are broken down by total side elevation, carport and roll-up doors
not part of this proposal.
North(Clay St.); Thirty-five hundred twenty dollars. ($3520.)
West(rear of bldg.): Fifteen thousand nine hundred seventy-five doll~sy
($15,975.)
South(carport side): Forty-two hundred eighty dollars. ($4280.)
ALL OF THE ABOVE WORK TO BE COMPLETED IN A SUBSTANTIAL AND WORKMAN-LIKE MANNER FOR
THE sum 0f_Tw_enty-three thousand
Payable seven hundred seventy-five dollars.
The entire amount of contract to be paid within .3.0 : days after completion. Any addition, alteration from the
above specifications will become an extra charge over the sum mentioned in this contract and owner stall p~y
for same weekly as such additional work, alteration or deviation progresses.
Contractors are required by law to bo licensed and regulated by the Contractor's State License
Board, Any questions concerning a contractor may be relerred to the Registrar, Conlractor's Slate
License Board, 9835 Goethe Road, Sacramento, CA 95827. Mailing Address: P.O. Box 26000,
Sacramento, CA 95826,
H. t. Weaver Painting
P,O. Drawer 937
Ukiah, CA 95482
707-462-4898
Lic, No, 476225
Respectfully Submitted.
._ed Harryrnan
YOu are authorized to furnish all materials and tabor required to complete the work mentioned in the above
proposal, for which I/We agree to pay the amount In said proposal, and according to the terms hereot. I have read
me conditions of proposal and contract on the reverse side hereol and agree to same.
ACCEPTED . The lender is:
ITEM NO.
5n
DATE: September 2, 1998
AGENDA SUMMARY REPORT
SUBJECT:
AWARD OF CONTRACT TO PARNUM PAVING, INC. FOR EAST PERKINS
STREET RECONSTRUCTION, SPECIFICATION NO. 98-11 IN THE AMOUNT
OF $504,933 AND AUTHORIZE BUDGET AMENDMENT TRANSFER OF
$81,504 FROM THE GENERAL FUND RESERVE (FUND 110)
SUMMARY: The City distributed plans and specifications to eight builder's exchanges and
13 contractors for East Perkins Street Reconstruction. The City publicly advertised this
project on August 4, 1998 and August 9, 1998 in the Ukiah Daily Journal. Two sealed
proposals were received and opened by the City Clerk on August 26, 1998. The lowest
responsive, responsible bidder is Parnum Paving, Inc. of Ukiah, California with a total bid of
$504,933. The Engineer's Estimate for the project is $390,272.
The work under this project involves the reconstruction of East Perkins Street from the west
abutment of the US 101 over crossing (Station 0+33.6) to the west line of Main Street (Station
27+94.01) excluding a portion of Perkins Street between the railroad tracks. Reconstruction
Continued on Page 2
RECOMMENDED ACTION: Award the contract for East Perkins Street Reconstruction,
Specification No. 98-11, to Parnum Paving, Inc. in the amount of $504,933, authorize budget
amendment transferring $81,504 from the General Fund Reserve (#110) to the Special
Projects Fund (#250) and establish the expenditure budget in account 250.9646.250.000 in
the amount of $81,504.
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 En,~[n, eer
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 Sheet
4. Budget Amendment Worksheet
APPROVED: ~ .
R.s:A~c,8,,.su,_~.v/Candace Horley, C~ty Manager
-.;/-
Page 2
September 2, 1998
Award of Contract to Parnum Paving, Inc. For East Perkins Street Reconstruction, Specification No. 98-11
in the Amount of $504,933 and Authorize Budget Amendment Transfer of $81,504 from the General Fund
Reserve (Fund 110)
of the road structural section is to be accomplished by grinding the existing asphalt concrete
and underlying cement treated base to a plane established on the plans. Between stations
5+75 and 19+50, an additional 6-inches of subgrade material will be removed as unsuitable
material and replaced with asphalt concrete and cement treated base grindings or class II
aggregate base as select aggregate backfill material. The new structural section will be seven
inches of full depth asphalt concrete which is to be placed in three lifts. The new pavement
crossfall will be lower than the existing crossfall, and the new pavement crown will be shifted
to the north. The work also includes the replacement of traffic signal loop detectors on East
Perkins Street at Orchard Avenue, the installation of pavement markers and thermoplastic
pavement markings, and adjusting 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 $450,000 have been budgeted for this project under accounts 300-
9646-250 ($313,145) and 303-9646-250 ($136,855). The amount of $26,571 has been
obligated for the design and preparation of the contract documents by a consultant leaving
a balance of $423,429 for construction. The difference between the fund balance available
of $423,429 and the Iow bid of $504,933 is $81,504. In reviewing the bid tabulation, the major
differences between the engineer's estimate and the Iow bid are in four bid items: Traffic
Control System ($20,000 difference), Flagging ($20,000 difference), Type B Asphalt Concrete
Pavement ($25,610), and Signals and Loops ($12,998 difference). The total difference
between the engineer's estimate and the Iow bid for these four bid items is $78,608. Staff is
of the opinion that the bid prices for these four items are reasonable since the respective
bid prices are within the same general dollar range. Please note Attachment 1 for a
comparison of the prices for the bid items.
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. The City Manager
recommends that the City Council approve the release of general fund reserves in the amount
of $81,504 in order to proceed with this project.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as
follows:
No amendments.
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
EAST PERKINS STREET RECONSTRUCTION
Specification No. 98-11
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 wilhin
the time named herein and according to the requirements and to the
reasonable satisfaction of the City Engineer;
2)
d) to pay all charges of freight transportation and hauling;
that he or she indemnifies the City against any loss or damage arising from any act
of the undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
ITEM NO. QUANTITY
1. 1.00 LS
2. 19EA
BIDDING SCHEDULE
DESCRIPTION AND UNIT PRICE BID
in writing and in figures
Co .~.0~ruction Area Signs
Construction Sign - 1 Post
EXTENDED AMOUNT FOR ITEM
!
Construction Sign - 2 Post
$ 7/ 6, o0.
4. 1.00 LS
5. 1.00 LS
6. lEA
7. 18EA
8. ZOO EA
Traffic Control System
T~/~ r~i ~-~1o(;~.~ ._
Flagging
·
·
Adiust S*.,,,~r Cleanout to Gmd~
Adjust Water Valve Cover to Grade
Adjust/Miscellaneous Frames, Covers and
Boxes to Grade
~,-O(3.~
!
10.
11.
12.
13.
14.
15.
lEA
14.00 EA
3529 CY
1080 CY
1080 CY
5122 Ton
2219 FT
Adjust Electric Valts
Adjust/sewer Manhole to Grade
Roadway Structural Section Removal
Unsuitable Material Excavation
Select Aggregate Backfill Material
Type B Asphalt Concrete Pavement
Thermoplastic Pavement Marking
I
I
16.
1573 EA
Pavement Marker (Non-Reflective)
,,.....--,
17.
18.
Pavement Marker (Reflective)
Signals and Loops
,.,..--.
$
TOTAL BID AMOUNT
In case of discrepancy between words and figures, the words shall prevail.
O~
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 written 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. Othe~Nise, the proposal guaranty accompanying this proposal shall be returned to the
undersigned.
Witness our hands this day of /~)d ~ ~ 7' ~2(~ ,19 ~ ...
Licensed in accordance with an act providkng for the registration of Contractor's License No.
~(~?/? ~ ~, expiration date //- ~d - ~/~
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE
MADE UNDER PENALTY OF PERJURY.
Signature o~i,d~er~r bidders, with bufiines~dresses:
Notice: in the case of a corporation, give below the addresses of the principal offi~ thereof and
names and addresses of the President, Secreta~, Treasurer.
' I I I - ' '
0
z
SPECIAL PROJECTS FUND #250
Budgeted amounts:
Beginning fund balance 7/1/98
Revenue budgeted
Transfers budgeted
Expense
Budgeted ending fund balance 6/30/99
$ 177,325
$ 24,500
$ (36,600)
$ 165,225
Adjustments made during the fiscal year:
Date
Approved
7/1/98 Change in beginning fund balance per audit
9/2/98 Transfer from General Fund Reserve #110
9/2/98 Perkins Street Reconstruction project
Account No.
250.281.110 $ 81,504
250.9646.250.000 $ (81,504)
Revised ending fund balance 6/30/99
$ 165,225
RESERV99.XLS 8/27/98
Page 7
Funds 200 through 280
SPECIAL GENERAL FUND - FUND #110
Budgeted amounts:
Beginning fund balance 7/1/98
Revenue
Expenses
Transfers budgeted
Budgeted ending fund balance 6/30/99
$ 580,600
(38,000)
$ 542,600
Adjustments made during the fiscal year:
Date
Approved
7/1/98 Change in beginning fund balance per audit
9/2/98 Transfer to Fund 250 for Perkins St reconstruction
Account No.
110.283.250 $ (81,504)
Revised ending fund balance 6/30/99 $ 461,096
RESERV99.XLS 8/27/98
Page 2
?¥ PZ
Funds 100; 110; 115; 130; 131
AGENDA
SUMMARY
ITEM NO, 5o
DATE' September 2, 1998
REPORT
SUBJECT: AWARD OF BID TO IKON OFFICE SOLUTIONS FOR THREE-YEAR RENTAL OF
CANON NP6085 COPYING SYSTEM
The three-year agreement for rental of the large photocopier in the Administrative Wing of the
Civic Center is up for renewal. A Request for Proposals was sent to seven companies and four
companies responded. The proposal requested detailed information relative to the copier's
specifications as well as the cost for outright purchase, lease, and rental of equipment.
After reviewing the bids, going on-site to test local machines, and calling references, it was
decided to recommend rental of the Canon NP6085 from Ikon Office Solutions. The rental cost
for the machine is $0.0215 per copy, which includes all maintenance and supplies except paper.
The City currently pays $0.0140 per copy, which includes all maintenance and supplies except
paper and staples. Other copiers we received bids for were comparable in price, however, did
not have important cost-saving and time-saving features that we need. Those important options
include:
.
2.
3.
4.
5.
6.
7.
8.
Being able to go from two sided copies to single-sided copies.
The ability to three-hole punch the paper.
We can run mixed originals.
Machine rated for 90 copies per minute/350,000 per month versus current 85/300,000.
Paper storage is 6,000 sheets versus 2,000 sheets.
Collator capacity is 40 sets versus 20 sets.
Memory accommodates 12 jobs versus 9 jobs.
Copy sizes are from 5.5" x 8.5" to 11" x 17" versus 5.5" x 8.5" to 11" x 14
(Continued on Page 2)
RECOMMENDED ACTION: Council authorize City Manager to enter agreement with Ikon Office
Solutions for 36-month rental of a Canon NP6085 copying system, in the amount of $0.0215 per
copy.
ALTERNATIVE COUNCIL POLICY OPTIONS-
1. Determine award should be made to alternate company for alternate machine.
2. Determine equipment should be either outright purchased or leased to own.
Citizen Advised: N/A
Requested by: Karen Yoast, Executive Assistant
Prepared by: Karen Yoast, Executive Assistant
Coordinated with: Kathy Dally, Service Support Clerk
Attachments' 1. Bid Tabulation
APPROVED:
,,
4/Can.ASRCopy.98~
Candace H0r~ley, City Manager
For clarification in the Bid Tabulation, all figures were based on the average number of copies
made on the current machine, 55,000. This would bring the monthly amount for the
recommended copier to approximately $1,183 per month. Account No. 100-1905-255-001 has
$12,000 allocated for the copier equipment in the Fiscal Year 1998/99 Budget, or $1,000 per
month. If we do, in fact, go over the allocated budget amount, which is dependent upon the
actual amount of copies made, we will be offsetting a portion of that additional expense by not
needing to purchase 3-hole punch paper as well as cutting the time the Service Support Clerk
will take to complete her large copy projects, especially agenda preparation every two weeks
and draft and final budgets.
The City has both rented and leased equipment in the past and it is felt that the rental option
provides the greatest flexibility in obtaining the newest technology, as well as being very cost-
effective. A copy machine has very little trade-in value at the end of a five-year lease and you
still have a large ongoing expense for the annual maintenance contract cost. With the digital
copiers coming onto the market that can be linked directly to our network and P.C.'s, that may
be something we would be looking at the next time this RFP goes out for bid.
Ikon is a local company, providing local service. They have placed a Canon copier in the Police
Department and they are very satisfied with not only the product but the service from Ikon.
For the above reasons, staff requests Council authorization for the City Manager to enter a
rental agreement with Ikon Office Solutions for rental of a Canon NP-6085 for a term of three
years.
AGENDA
SUMMARY
DATE:
7a
ITEM NO.
September 2, 1998
REPORT
SUBJECT:
CONSIDERATION OF A RESOLUTION TO AMEND THE GENERAL PLAN
LAND USE MAP TO REDESIGNATE 4 PARCELS OF LAND ALONG
NORTH OAK STREET FROM "C" (COMMERCIAL) TO "LDR" (LOW
DENSITY RESIDENTIAL), AND INTRODUCTION OF AN ORDINANCE TO
REZONE THE PARCELS FROM "C1" (COMMUNITY COMMERCIAL) TO
"RI" (SINGLE FAMILY RESIDENTIAL). (CITY INITIATED).
SUMMARY: This General Plan Amendment/Rezoning project involves the four parcels situated
along the east side of North Oak Street between Henry Street and Gibson Creek. Approval of
the project would change the General Plan land use designation on the four parcels from "C"
(Commercial) to "LDR" (Low density Residential), and rezone them from "C1" (Community
Commercial) to "RI" (Single Family Residential).
Background: On May 6, 1998, the City Council conducted a public hearing to consider rezoning
the subject parcels, as well as a number of others in the area to "CN" (Neighborhood
Commercial). After a lengthy discussion, the Council took action to rezone a number of the
parcels CN, but decided not to assign this zoning classification to the four (4) subject parcels
along the east side of Oak Street north of Henry Street. The Council remanded the zoning
disposition of the four (4) parcels back to staff for initiation of a General Plan amendment to the
"LDR" (Low Density Residential) land use designation and rezoning to the "RI" (Single Family
Residential) zoning classification.
(continued on Page 2)
RECOMMENDATION: 1)Approve the Negative Declaration; 2)Adopt the Resolution amending
the General Plan; and 3) Adopt the Ordinance rezoning the subject properties.
ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Resolution or Ordinance, and
provide direction to staff.
Citizen Advised: Publicly noticed 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, and
David Rapport, City Attorney
Attachments:
.
2.
3.
4.
5.
6.
Negative Declaration/Initial Study.
Resolution amending the General Plan.
Ordinance rezoning the four (4) parcels of land.
Planning Commission Staff Report, dated August 12, 1998.
Planning Commission minutes, dated August 12, 1998.
Letter received from Redwood Legal Assistance, dated August 5, 1998.
APPROVED:
Candace Hors'[ey,~, ity
Manager
Prior to the May 6, 1998 City Council meeting, the Planning Commission had reviewed the "CN"
district proposal for North Oak Street, and had concluded that it did not make sense for the
parcels north of Henry Street. Public testimony from neighboring property owners urged the
Planning Commission to recommend that the City Council ultimately rezone the parcels to "R1 ."
The same testimony was provided at the May 6, 1998 City Council meeting, which prompted the
Council's direction to staff to bring the current General Plan amendment and rezoning proposal
forward.
Analysis: Two (2) of the subject parcels are developed with single family residences, and two
(2) are residential dwellings that have been converted to professional offices. VVhile the current
professional office uses are Iow intensity and seem to be compatible with the surrounding single
family residential neighborhood, the existing "C1" zoning could potentially allow or permit higher
intensity land uses that may not be compatible with surrounding land uses. Rezoning the parcels
to "RI" would help fulfil a General Plan goal of preserving and protecting single family residential
neighborhoods.
If the professional office parcels are rezoned to "RI", they would become legal non-conforming
land uses. Legal non-conforming land uses are legal and may continue indefinitely, provided
they do not cease to operate for a six-month period, and provided that they are not significantly
increased in size, scale, or intensity. If for some reason they do cease to operate for a
continuous period of six months, they would be considered abandoned, and any new uses would
have to conform to the "RI" zoning classification.
Planning Commission Hearing: On August 12, 1998, the Planning Commission conducted a
public hearing and considered the proposed General Plan Amendment/Rezoning project.
Redwood Legal Assistance, which owns and operates a professional legal office on one of the
parcels provided testimony in opposition to the project (see attached letter). After a brief
discussion, the Planning Commission voted 2-1 to recommend City Council approval of the
project. The affirmative votes were based on a finding that the parcels are located in a well
defined stable single family residential neighborhood, and that the "RI" zoning classification
would facilitate its preservation as called for in the General Plan.
Conclusions: Based on the single family residential nature of the neighborhood along Oak
Street north of Henry Street, as well as the General Plan's goal to protect and preserve Iow
density residential neighborhoods, it is staff's conclusion that rezoning the subject parcels to "R1"
is reasonable and appropriate.
LOCATION MAP
NORTH OAK STREET GENERAL PLAN AMENDMENT/REZONE
JTA
OL
CYPRE~ AVEHUE
A'Vl~U£
TT
SITE
CITY OF UKIAH
NEGATIVE DECLARATION
DATE:
APPLICANT:
PROJECT:
LOCATION:
June 19, 1998
City of Ukiah - Planning Department
General Plan Amendment and Rezoning Group No. 1
2 proposals: 1) Located along the east side of North Oak Street between Smith Street on
the south and Gibson Creek on the north; 2) 140 luce Avenue.
DESCRIPTION OF PROPOSAL: The project involves 2 proposed General Plan Amendment/rezoning components.
The first is to amend the General Plan Land Use Map to redesignate 4 parcels from "C" (Commercial) to "LDR" (Low
Density Residential); and to amend the City Zoning Map by rezoning the parcels from "C-1" (Light Commercial) to
"R-I" (Single Family Residential). The following four (4) parcels would be affected by the project: APN 002-182-13
(Redwood Legal Assistance); APN 002-182-15 (Woodlief); APN 002-182-17 (Coots); and APN 002-182-18
(Mendocino/Lake County Medical Society). The second is to amend the General Plan Land Use Map to redesignate
the parcel at 140 Luce Avenue from "LDR" to "C" and to rezone them from "R-l" to "C-N" (Neighborhood Commercial).
ENVIRONMENTAL SETTING: The project area are densely developed with urban land uses, and is devoid of
sensitive environmental habitats.
ENVIRONMENTALANALYSIS: Staff did not identify any potential environmental impacts resulting from the project,
and therefore concluded that a Negative Declaration is appropriate for the project.
FINDINGS SUPPORTING A NEGATIVE DECLARATION:
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project does not have
the potential to degrade the quality of the local or regional environment.
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result
in short-term impacts that will create a disadvantage to long-term environmental goals.
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result
in impacts that are individually limited, but cumulatively considerable.
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result
in environmental impacts which will cause substantial adverse effects on human beings, either directly or
indirectly.
//
STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has
determined that there is no substantial evidence that the project will have a significant adverse impact on the
environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental
review and analysis required by the California Environmental Quality Act. This Negative Declaration and associated
Initial Study may be reviewed at the Ukiah branch of the Mendocino County Library at 105 North Main Street, Ukiah,
or at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. (707) 463-
6200. ~
~r~, Seni~nner/~
/~nmenta Coordinator
/-/
I. BACKGROUND INFORMATION
Name of Project Proponent
2) Mr. Gary Smith
1) City of Ukiah Planning Department /
=
Address of Project Proponent 1) 300 Seminary Avenue, Ukiah / 20 16
Betty Street, Ukiah
3. Name of Project General Plan Amendment/Rezoning Group No. 1
1
Assessors Parcel Number(s) 1) 002-182-13; 002-182-15; 002-182-17;
002-182-18; 2) 003-072-04
5. Date of Initial Study Preparation June 2, 1998
6. Name of Lead Agency Ukiah Planning Department
7. Address and Phone Number of Lead Agency 300 Seminary Avenue,
Ukiah (707) 463-6200
8.
Brief Project Description (see attached)
9. Person Responsible_ for .l~epari=g
~'/~ ~'r I e/y/_~-t'u'-m i~-~
Initial Study:
PROJECT DESCRIPTION
General Plan Amendment I Rezoning Group No. 1
This General Plan Amendment/Rezoning project involves two (2) components. The first is to
amend the General Plan Land Use Map to redesignate 4 parcels from "C" (Commercial) to "LDR"
(Low Density Residential); and to amend the City Zoning Map by rezoning the parcels from "C-1"
(Light Commercial) to "R-I" (Single Family Residential). The following four (4) parcels would be
affected by the project: APN 002-182-13 (Redwood Legal Assistance); APN 002-182-15
(Woodlief); APN 002-182-17 (Coots); and APN 002-182-18 (Mendocino/Lake County Medical
Society). The second is to amend the General Plan Land Use Map to redesignate the parcel
at 140 Luce Avenue (Smith) from "LDR" to "C" and to rezone them from "R-I" to "C-N"
(Neighborhood Commercial).
The first project is located along the east side of North Oak Street between henry Street on the
South and Gibson Creek on the north. It was initiated by the City Council on May 6, 1998. At
the conclusion of a public hearing on a proposal to create a "Neighborhood Commercial" Zoning
District along North Oak Street from Smith Street to Gibson Creek, the Council unanimously
decided to exclude the above four parcels from the proposed "C-N" District. They then directed
staff to initiated the current project to amend the General Plan and Rezoning the parcels to "R-
,,,
The second project located at 140 Luce Avenue, was initiated by the property owner, and is
being grouped with the first project to form 1 amendment to the General Plan Land Use Map.
ENVIRONMENTAL CHECKLIST FORM
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
1. EARTH:
a. Unstable earth conditions or changes [~ [~ [~ [~ E~
in geologic structures. ~
b. Disruptions, Displacements, [~
Compaction, or overcovering of soil.__ [~ [~ [~ [~
c. Change in topography or ground ~f
surface relief features.__ [~ [~ E~ E~
d. The destruction, covering, or [~
modification of any unique geologic orI [~ ~ ~ [~
physical features.
e. Any increase in wind or water erosion [~ [~ [~ [~ [~
of soils, either on or off the site.
f. Changes in deposition or erosion of
beach sands, or changes in siltation, ~
deposition, or erosion that mayI [~ [~ ~ [~
modify the channel of a river, stream,
inlet, or bay?
g. Exposure of people or property to r'~
geologic hazards such as__ [~ [~ ~ ~
earthquakes.
2. AIR:
a. Substantial air emissions or [~ [~ [~ [~ ~
deterioration of ambient air quality.
b. The creation of objectional odors. ~ [~ [~ [~ [~
c. Alteration of air movement, moisture, ~
or temperature, or any change in[~ ~ [~ ~ [~
climate, either locally or regionally?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
3. WATER:
a. Changes in the currents, or the [~ [~ [~ [~ [~
course of water movements, in either
fresh or marine waters.
b. Changes in the absorption rates, [~ [~ [~ [~
drainage patterns, or the rate and ~1~
amount of surface runoff.
c. Alterations to the course or flow of [~ [~ ~ [~ [~
flood waters.
d. Change in the amount of surface [~ [~ [~ [~ [~
water in any water body.
e. Discharge into surface water, or any ~
alteration of surface water quality,[~ [~ [~ [~ [~
including but not limited to
temperature, dissolved oxygen or
turbidity.
f. Alteration of the direction or rate of ~ ~ [~ [~ [~
flow of ground water.
g. Change in the quantity of ground ~
water, either through direct additions [~ [~ [~ ~ ~
or withdrawals, or through
interception of an aquifer by cuts or
excavations. [~ ~ [~ [~ [~
h. Change in the quality of ground
water.
i. Substantial reduction in the amount of [~ [~ [~ ~ [~
water otherwise available for public
water supplies.
j. Exposure of people or property to [~ [~ [~ [~ ~
water related hazards such as
flooding or tsunamis.
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless t~lo Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
4. PLANT LIFE:
a. Change in the diversity of species, or
numbers of any species of plants
including trees, shrubs, grass, crops,
and aquatic plants.
b. Reduction of the numbers of any
unique, rare, or endangered species
of plants.
c. Introduction of new species of plants
into snares, or in a barrier to the
normal replenishment of existing
species.
d. Reduction in acreage of any
a r,cu, ura, cro .
5. ANIMAL LIFE:
a. Change in the diversity of species, or
number of any species of animals
including birds, land animals, reptiles,
fish, insects, and bethnic organisms.
b. Reduction in the number of any
unique, rare, or endangered species
of animals.
c. Introduction of new species of
animals into an area, or in a barrier to
the migration or movement of
animals.
d. Deterioration of existing fish or wildlife
habitat.
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
6, NOISE:
a. Increase in existing noise levels. [~ E~ E~ E~ E~
b. Exposure of people to severe noise ~
levels.E~ E~ ~ E~ E~
7. LIGHT AND GLARE:
a. Production of new light and glare. [~ ~ E~ E~ E~
b. Reduction of solar exposure or
adverse impacts to existing solar [~ E~ [~ E~ E~
collection facilities.
8. LAND USE:
a. Substantial alteration of the present [~" ~ E~ E~ E~
or planned land use of a given area.
9. NATURAL RESOURCES:
a. Increase in the rate of use of any [~ E~ E~ E~ E~
natural resources.
/-7
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
10. RISKOF UPSET:
a. A risk of an explosion or the release [~ [~ [~ [~
of hazardous substances, (including ~]1
oil, pesticides, chemicals, or radiation)
in the event of an accident or upset
conditions.
b. Possible interference with an /
emergency response plan or[~ [~ [~ [~ ~
evacuation plan.
11. POPULATION:
a. Alterations in the location, distribution, [~ [~1 [~1 [~1 [~
density, or growth rate of human
populations.
12. HOUSING:
a. VVill the proposal effect existing ~ ~ [~ [~ ~
housing or create a demand for new
housing?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
13. TRANSPORTATION:
a. Generation of substantial additional [~ [~ [~ [~ ~
vehicular movement?
b. Effects on existing parking facilities, [~ [~ [~ [~ [~
or demand for new parking facilities?
c. Substantial impact upon existing [~ [~ [~ [~ ~
transportation systems?
d. Alterations to present patterns of ~
circulation or movement of people[~ [~ [~ [~ [~
and/or goods?
e. Alterations to waterborne, rail, or air [~ [~ [~ [~ [~
traffic?
f. Increase in traffic hazards to motor ~ [~ [~ ~ ~
vehicles, bicyclists or pedestrians?
/-?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
14. PUBLIC SERVICES:
a. Will the proposal have an effect upon,
or result in a need for new or altered
government services in any of the
following areas:
1. Fire protection? [~ [~ ~ [~ [~
2. Police protection? ~ [~ [~ [~ [~
sc oo,s?
4. Parks & recreation facilities? [~ [~ [~ ~ [~
5. Maintenance of public facilities? [~ [~ [~ ~ [~
6. Other governmental services? [~ [~ [~ [~ [~
15. ENERGY:
a. Use of substantial amounts of fuel or [~ ~ ~ [~ ~
energy?
B. Substantial increase in demand upon [~ [~ [~ [~ ~
existing sources of energy, or require
the development of new energy
sources?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
16, UTILITIES:
a. Will the project result in a need for
new systems or substantial alterations
to the following:
1. Potable water?
2. Sewerage?
3. Transmission lines?
17. HUMAN HEALTH:
a. Creation of any health hazardor
potential health hazard?
b. Exposure of people to any existing
health hazards?
18. AESTHETICS:
a. Obstruction of any scenic vista or [~' E~ [~ E~ E~
view open to the public, or create an
aesthetically offensive site open to
public view?
10
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
19. RECREATION:
a. Impact upon the quality or quantity of E~ E~ E~ E~ E~
existing recreational opportunities?
20. CULTURAL RESOURCES:
a. Alteration or destruction of a [~ E~ E~ E~ E~
prehistoric or historic archaeological
site?
b. Adverse physical or aesthetic effects I~ I~ I~ E~ E~
to a prehistoric or historic building or
structure?
c. Cause a physical change that would [~ [~ E~ [~ ~
effect the unique ethnic cultural
values?
/-/Z
SUGGESTED MITIGATION MEASU RE.S
DISCUSSION OF POTENTIAL IMPACTS (Component//1): it is not anticipated that the
proposed General Plan amendment and rezoning project along North Oak Street (component #1) would
have an adverse effect on the environment for the following reasons:
a.
Downzoning: The project represents a "downzoning" action, changing the zoning
classification on the subject parcels from an intense "C-1" (Light Commercial)
classification to the Iow impact "R-I" (Single Family Residential) classification. The
potential impacts resulting from development under the existing "C-1" classification, such
as traffic, noise, etc., would be significantly reduced by rezoning the property to the
"R-I" zoning classification. The reduction in potential impacts from what is possible
under the current zoning would be the direct result of eliminating the possibility for c
commercial land uses on the parcels, as well as imposing more restrictive development
standards.
Traffic: The most intense potential use allowed or permitted under the current
"C-1" Zoning classification would be commercial retail. Depending upon the
actual retail use, vehicle trips could be as high as 31 trips during the peak hour
(video rental store)*. However, the most likely commercial land use is small
professional offices. Indeed, two of the four single family residences have
already been converted to offices, and have functioned in this manner for many
years. The ITE Trip Generation Manual indicates that a 1500 square foot single
tenant office building generates approximately 17 vehicle trips per day during the
week. Under the proposed "R-I" zoning classification the highest potential
number of vehicle trips is 10 per day. This represents a substantial decrease
in potential neighborhood traffic as a result of the proposed project.
* ITE Trip Generation Manual, 6th Edition, Vol. 2, '1997
.
.
Noise: While it can be argued that there may not be a noticeable difference
between the daily noise generated by a professional office and a single family
residence, in terms of human voices and other typical noise generators, the
noise produced from the higher number of vehicles is substantial. With the
reduction in potential traffic and less overall congestion, a corresponding
reduction is noise resulting from the project can be expected.
Other Environmental Topics: Other environmental topics analyzed as a part
of the Initial Study include potential impacts to soils/earth, air quality, animal and
plant life, natural resources, land use, public services, cultural resources,
recreation, etc. It has been generally concluded that the downzoning project
would result in less potential for any of these impacts as compared to the
12
1
m
m
current zoning, because the proposed zoning is inherently less intense in terms
of potential overall development and possible land uses.
DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS (Component #1): It is not
anticipated that the project will have adverse cumulative impacts on the environmental, because the
potential individual impacts are less than what could occur under the existing zoning. The project
represents a downzoning from the more intense zoning classification to the most subdued, so that the
potential cumulative environmental impacts resulting from maximum uses of the parcels is significantly
reduced.
DISCUSSION OF POTENTIAL IMPACTS (Component #2): It is not anticipated that the
proposed General Plan amendment and rezoning project along Luce Avenue (component #2) would have
an adverse effect on the environment for the following masons:
a.
Minor Upzoning: The project represents a minor upzoning on an already developed
parcel of land. The property is relatively small, and the resulting increase in potential
intensity of development (residential to commercial) is minor given the small size and
location of existing development.
.
Traffic: Because of the minor nature of the upzoning, and the limited potential
to actually increase the intensity of development, it is concluded that any
increase in traffic resulting from the project would be minor and incidental.
Additionally, if a small commercial land use were to establish on the site, traffic
to and from the property would generally come from State Street to the east,
rather than through the established single family residential neighborhood to the
west.
.
Other Environmental Topics: Other environmental topics analyzed as a part
of the Initial Study include potential impacts to soils/earth, air quality, animal and
plant life, natural resources, land use, public services, cultural resources,
recreation, etc. It has been generally concluded that the minor upzoning project
would not result in significant adverse impacts because of the small size of the
parcel and the amount and location of the existing development, which limits
parking and lot coverage.
DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS (Component #2): It is not
anticipated that the project will have adverse cumulative impacts on the environmental, because the
potential increase in intensity of development is minor given the small size of the property, and the
amount and location of existing development.
CONCLUSIONS: After careful review and analysis, staff is able to conclude that the proposed
General Plan amendment and rezoning project (components 1 and 2) will not have significant adverse
impacts upon the environment.
13
6. MANDATORY FINDINGS OF SIGNIFICANCE:
a.
Potential to degrade: Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or animal
species, or eliminate important examples of the major periods of California history or prehistory?
YES E~
NO
b,
Short Term: Does the project have the potential to achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-term impact on the environments one which occurs
in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future).
YES [~
NO E~'
C.
Cumulative: Does the project have impacts which are individually limited, but cumulatively
considerable? (A project may impact on two or more separate resources where the impact on
each resource is relatively small, but where the effect on the total of those impacts on the
environment is significant).
YES [~
NO
d,
Substantially Adverse: Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or indirectly?
YES
NO
14
7. DETERMINATION: On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described
within the initial study have will be incorporated into the design of the project or required
by the City of Ukiah. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT shall be required.
Senior Planner/Environmental Coordinator
Title
Charles Stump
Print Name
Date
15
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING THE CITY GENERAL PLAN
WHEREAS, in 1995, the City Council unanimously adopted the revised Ukiah
General Plan, which assigned new land use designations to a number of parcels
located in the City; and
WHEREAS, during the General Plan Rezoning Program after adoption of the Plan,
the City Council took a closer look at the land patterning established in the revised
General Plan, and determined that the "C" (Commercial) Land Use Designation for
Assessors 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) were
inappropriate because of the existing development on the parcel, or because of similar
land uses on adjacent and nearby parcels; and
WHEREAS, as a result of their conclusion that the "C" Land Use Designation for
the subject parcels was inappropriate, the City Council directed staff to initiate a
General Plan amendment project to redesignate the parcels to the "LDR" (Low Density
Residential) Land Use Designation; and
WHEREAS, the City Council finds that the redesignation of the parcels from "C"
to the "LDR" Land Use Designation for the subject parcels is consistent with the goals
and policies of the plan, because: 1) the parcels qualify for the Land Use Designation
according to the siting criteria contained in the Land Use Element of the Plan; 2) the
vacant land survey, housing production goals, and over housing mix envisioned for the
City are not significantly altered or invalidated; and 3) the "LDR" Land Use Designation
is consistent with the roadway capacity standards and street classifications articulated
in the Circulation & Transportation Element; and
RESOLUTION NO.
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WHEREAS, the City Planning Department conducted an Initial Study to ascertain
if the proposed General Plan Amendment would have significant adverse impacts on the
environment; and
WHEREAS, based on the analysis contained in the Initial Study, the City Council is able
to conclude that the proposed General Plan Amendment project would not have a significant
adverse effect on the environment; and
WHEREAS, the City Council finds that based on the existing and envisioned land
uses surrounding the North Oak Street parcels, the proposed General Plan Amendment is
reasonable and appropriate. Moreover, the City Council finds that the proposed designation
conforms to the General Plan criteria for land use classifications, and would not cause
inconsistencies between policies contained in the Plan.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah
hereby amends the General Plan Land Use Map by redesignating Assessors 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) from "C" (Commercial) to "LDR" (Low Density
Residential).
PASSED AND ADOPTED on , by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sheridan Malone, Mayor
ATTEST:
Marie Ulvila, City Clerk
RESOLUTION NO.
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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 "C1" (Community Commercial) to "RI" (Single
Family Residential).
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 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 concludes that the proposed rezoning project would not have a significant
adverse effect on the environment, and therefore adoption of a Negative Declaration is
appropriate.
ORDINANCE NO.
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SECTION FIVE
This ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
SECTION SIX
This ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
, by the following role call vote:
Sheridan Malone, Mayor
ATTEST:
Marie Ulvila, City Clerk
ORDINANCE NO.
Page 2 of 2
CITY OF UKIAH
PLANNING REPORT
AGENDA 7 B & C
ITEM: .......
DATE: j,, 8-12-98
ii L I III
DATE:
TO:
FROM:
SUBJECT:
August 12, 1998
City of Ukiah Planning Commission
City of Ukiah Planning Department
General Plan Amendment/Rezoning No. 1
A) North Oak Street and B) 140 Luce Avenue
PROJECT SUMMARY: This General Plan Amendment/rezoning project involves two
components. They are being grouped together to form one amendment to the General Plan
Land Use Map. The consolidation into one amendment is important because State law only
allows a local jurisdiction to amend their General Plan four times per year. Combining these two
proposals results in one amendment.
Approval of the project would change the General Plan land use designation on the four parcels
situated along the east side of North Oak Street between Henry Street and Gibson creek from
C (Commercial) to LDR (Low density Residential). It would also change the designation for the
parcel at 140 Luce Avenue from LDR to C. Corresponding zoning classifications would be
assigned as a result of the proposed General Plan amendments.
The North Oak Street component is being initiated by staff based on direction received from the
City Council during the General Plan rezoning program. The Luce Avenue proposal has been
privately initiated by the owner of the property.
This project is quasi-legislative in nature and does not require City Planning
Commissioners to visit the site prior to formulating a recommendation to the City Council.
PROJECT LOCATION: The first component of the project is located along the east side of
North Oak Street between Henry Street on the South and Gibson Creek on the north. The
second component is located at 140 Luce Avenue.
ENVIRONMENTAL DOCUMENTATION: The General Plan amendment and rezoning of the
subject parcels was analyzed in an Initial Study (attached). Based upon the conclusions reached
in that document, staff is recommending that a Negative Declaration be approved for the project.
GENERAL PLAN AND ZONING DESIGNATIONS: The proposed General Plan land use
designation change for the North Oak Street project is C (Commercial) to LDR (Low Density
Residential), and the proposed zoning classification change is Cl (Light Commercial) to R1
(Single Family Residential). The proposed General Plan land use designation change for the
Luce Avenue project is LDR to C, and the proposed zoning classification change is R1 to C1.
DEPARTMENT RECOMMENDATION: The Planning Department recommends thatthe Planning
Commission recommend the following to the City Council: 1) APPROVAL of the proposed
Negative Declaration; 2) APPROVAL of the North Oak Street General Plan amendment and
rezoning; and 3) DENIAL of the Luce Avenue General Plan amendment and rezoning.
PROJECT DESCRIPTION: This one General Plan Amendment/rezoning project involves two
components. The first is to amend the General Plan Land Use Map to redesignate 4 parcels
from C (Commercial) to LDR (Low Density Residential); and to amend the City Zoning Map by
rezoning the parcels from Cl (Light Commercial) to R1 (Single Family Residential). The
following four (4) parcels would be affected by the project: APN 002-182-13 (Redwood Legal
Assistance); APN 002-182-15 (Woodlief); APN 002-182-17 (Coots); and APN 002-182-18
(Mendocino/Lake County Medical Society). The second component is to amend the General
Plan Land Use Map to redesignate the parcel at 140 Luce Avenue from LDR to C and to rezone
it from R1 to CN (Neighborhood Commercial).
STAFF ANALYSIS/DISCUSSION: The two components of this project have been analyzed
separately below:
1. North Oak Street
On May 6, 1998, the City Council conducted a public hearing to consider rezoning the
subject parcels, as well as a number of others in the area to CN (Neighborhood
Commercial). After a lengthy discussion, the Council took action to rezone a number of
the parcels CN, but decided not to assign this zoning classification to the four (4) subject
parcels along the east side of Oak Street north of Henry Street. The Council remanded
the zoning disposition of the four (4) parcels back to staff for initiation of a General Plan
amendment to the LDR (Low Density Residential) land use designation and rezoning to
the R1 (Single Family Residential) zoning classification.
Prior to the May 6, 1998 City Council meeting, the Planning Commission had reviewed
the CN district proposal for North Oak Street, and had concluded that it did not make
sense for the parcels north of Henry Street. Public testimony from neighboring property
owners urged the Planning Commission to recommend that the City Council ultimately
rezone the parcels to R1. The same testimony was provided at the May 6, 1998 City
Council meeting, which prompted the Council's direction to staff to bring the current
General Plan amendment and rezoning proposal forward.
Two (2) of the subject parcels are developed with single family residences, and two (2)
are homes that have been converted to professional offices. While the current
professional offices uses are Iow intensity and seem to be compatible with the
surrounding single family residential neighborhood, the existing Cl zoning could
potentially allow or permit higher intensity land uses that may not compatible with
surrounding land uses. Rezoning the parcels to R1 would help fulfil a General Plan goal
of preserving and protecting single family residential neighborhoods..
If the professional office parcels are rezoned to R1, they would become legal non-
conforming land uses. Legal non-conforming land uses are legal and may continue
indefinitely, provided they do not cease to operate for a six-month period, and provided
that they are not significantly increased in size, scale, or intensity. If for some reason
they do cease to operate for a continuous pedod of six months, they would be considered
abandoned, and any new uses would have to conform to the R1 zoning classification.
Based on the single family residential nature of the neighborhood along Oak Street north
of Henry Street, as well as the General Plan's goal to protect and preserve Iow density
residential neighborhoods, it is staff's conclusion that rezoning the subject parcels to R1
is reasonable and appropriate.
2. 140 Luce Avenue
This parcel is situated along Luce Avenue approximately 140 feet west of State Street.
it is developed with a single family residence and an accessory structure used in the past
as a one-station hair salon home occupation. New owners of the property would like to
lease the residence and "hair salon" separately, which would not comply with the zoning
regulations of requiring an occupant of the residence to operate the salon as an actual
home occupation. Accordingly, the property owner has applied to redesignate the
property as commercial, and rezone it to CN (Neighborhood Commercial).
The property is situated between a commercial land use to the east, and the Plow Shares
facility on the west. Across Luce Avenue to the south are two (2) parcels zoned C2
(Heavy Commercial), and three (3) parcels zoned CN. The large parcel to the north is
zoned P,3 (High Density Residential) and is developed with a mobile home park.
The General Plan adopted in 1995 designated the subject parcel as HDR (High Density
Residential), which prompted a rezoning from R1 to the R3 zoning classification.
However, the Planning Commission and City Council disagreed with the HDR Land Use
Designation and as a result, the General Plan was amended in 1997 to redesignate the
property as LDR, and the R1 zoning was retained on the parcel.
Based on the fact that the Planning Commission and City Council recently evaluated this
parcel and concluded that the R1 zoning classification was appropriate, and that nothing
has occurred since that time warranting a change, it is staff's conclusion that the LDR
land use designation and R1 zoning are appropriate. Accordingly, staff is recommending
disapproval of the request to change the land use designation and zoning on the parcel
at 140 Luce Avenue.
CONCLUSIONS: This proposed General Plan amendment and rezoning project involves two
(2) separate components. The North Oak Street component was initiated by the Planning
Department in response to direction provided by the City Council. The Luce Avenue component
is requested by the property owner to provide opportunity for a wider range of possible land uses
on the site.
Based on the existing and envisioned land uses surrounding the North Oak Street parcels, it is
staff's conclusion that the proposed General Plan Amendment and Rezoning are reasonable and
appropriate. Moreover, the proposed designation for the North Oak Street parcels conform to
the General Plan criteria for land use classifications, and would not cause inconsistencies
between policies contained in the Plan.
Based on the recent action of the City Council to assigned the LDR land use Designation and
R1 zoning classification to the Luce Avenue parcel, staff is compelled to support the General
Plan and recommend against this request.
ATTACHMENTS: 1. Draft Resolution amending the General Plan
2. Draft Ordinance rezoning the five (5) parcels of land
3. Negative Declaration/Initial Study
4. Letter received from Redwood Legal Assistance, dated August 5, 1998
respec_tiv,~ly:
~.//~ ~~)~' 8~mp, ~i~~n ner.,'
ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report,
Bob Sawyer, Planni~ Director
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Puser, Chiles, and Vice Chairman Larson
None
None
Commissioner Correll and Chairman Pruden
7B.
General Plan Amendment/Rezoning No. 1 (a), as filed by the City of Ukiah to
amend the General Plan Land use Map to redesignate 4 parcels along the east
side of North Oak Street between Henry Street on the south and Gibson Creek
on the North from "C" (Commercial) to "LDR" (Low Density Residential); and
to amend the City Zoning Map by rezoning the parcels from "C-1" (Light
Commercial) to "R-I" (Single Family Residential). The following four (4)
parcels would be affected by the project: APN 002-182-13 (Redwood Legal
Assistance); APN 002-182-15 (Woodlief); APN 002-182-17 (Coots); and APN
002-182-18 (Mendocino & Lake County Medical Society).
7C.
General Plan Amendment/Rezoning No l(b), as filed by Gary Smith to
redesignate his property from "LDR" (Low Density Residential) to "C"
(Commercial) and to rezone it from "R-I" (Single Family Residential) to "C-N"
(Neighborhood Commercial). The property is located at 140 Luce Avenue
(APN 003-072-04)
Vice Chairman Larson explained that items 7B & 7C will be discussed as one item, both are
General Plan Amendments and rezoning proposals. One proposal is generated by The Planning
staff and the other has been requested by the property owner. During the public hearing,
individuals may speak to either item.
Senior Planner Stump reported these constitute one General Plan Amendment with two separate
components grouped within it. As State law only allows four General Plan Amendments per year,
The Planning Department groups items so as not to unnecessarily exhaust our allotted number.
He stated the first rezoning is on North Oak Street between Henry Street and Gibson Creek.
These properties have been part of a larger effort rezoning program which has been ongoing for
some time. Last year staff recommended that properties near this area be rezoned according to
the new General Plan land use designation. Those properties were rezoned according to the new
General Plan. During that process, The City Council directed The Planning staff to develop an area
of C-N (Neighborhood Commercial) within that rezoning area, which was done through the
Planning Commission and the City Council. The City Council, at that point, decided against the
C-N District which included these parcels and rezoned several parcels in the area to C-N and
directed staff to return with the four parcels in question, downzoning them from the existing C-1
(Commercial) to the R-l(Single Family Residential) zoning classification. This component is to
redesignate these properties from Commercial to Low Density Residential, and subsequently
rezone them from C-1 to R-I.
Mr. Stump commented staff has reviewed these parcels and agreed an argument can be made
for the R-1 classification, however, it is important to acknowledge there are Iow intensity
MINUTES OF THE PLANNING COMMISSION
Page 4
August 12, 1998
professional office uses on two of these parcels. The staff agrees with the City Council's direction.
This is predominately a Single Family Residential area in character, although the existing
professional office uses would become legal non-conforming uses. Property owners have been
advised of ramifications. Staff believes the Residential flavor of the neighborhood is compelling
and the Commercial designation for those properties is inappropriate. Retaining the Commercial
zoning designation could disrupt the Single Family flavor of the area, at some point in the future,
if the property ownerships were to change and the intensity of land use potential were to become
too great. The General Plan has policies to preserve established Single Family neighborhoods
and the Planning Commission has expressed concerns along these lines. The Planning
Department recommends the Planning Commission recommend, to the City Council, adoption of
the Negative Declaration and amendment of the General Plan to change the land use designation
from Commercial to Low Density Residential and then rezone these properties from C-1 to R-1.
Mr. Stump proceeded with the report on the proposed Luce Avenue rezoning. He stated the
rezoning was requested by the property owner at 140 Luce Avenue. The property currently is
developed with a single family residence and a garage structure which has been used as a welding
shop and most recently as a home occupation beauty shop. The owner wishes to rezone this
property from Low Density Residential to Commercial and rezone from R-1 (Single Family
Residential) to C-N (Neighborhood Commercial), the purpose being to provide more options as
a land owner and be able to utilize the existing hair salon on the site as a commercial use rather
than a home occupation. Mr. Stump added this property was reviewed in the General Plan
Program which designated it be rezoned from R-1 (Single Family Residential) to R-3 (High
Density Residential). The Planning Commission and the Council disagreed with the designation
at that time, and instructed staff to return with a General Plan amendment to amend the General
Plan from High Density Residential to Low Density Residential, thereby retaining the R-1 zoning
classification. In 1997, that was completed through the Planning Commission and the Council with
a General Plan Amendment changing from HDR to LDR and retaining the R-1 zoning
classification. Staff has reviewed this request and acknowledges the fact there is Commercial
zoning on the east side of this property, fronting on State Street. There is also Commercial
property to the south and partially to the north which is adjacent to high density residential, thereby
surrounding the property on three sides by Commercial or High Density Residential. The
Plowshares facility is on the west of the property. Based on the Planning Commission and City
Council actions recently taken on this parcel to designate it as Low Density Residential, to retain
the R-1 zoning. Staff recommends this request be disapproved by the Commission with
recommendation to the City Council for disapproval.
Commissioner Puser inquired if this property was a part of Planning Commission's recent
rezoning decision.
Mr. Stump affirmed the Planning Commission had recommended LDR and R-1 zoning, to the City
Council, on this property.
Vice Chairman Larson inquired if Staff was aware of the history pertaining to the property at 140
Luce Avenue in terms of business and residential use. He questioned if previous approvals were
based on owner occupancy, as a home business.
MINUTES OF THE PLANNING COMMISSION
Page 5
August 12, 1998
Mr. Stump commented in 1995 the property owner came in and inquired about a one station hair
salon on the property and subsequently established a home occupation on the site legally.
PUBLIC HEARING OPENED 7:31 P.M.
Joyce Larson, 1150 Standley Street called attention to the letter which was submitted by
Redwood Legal Assistance concerning the rezoning on Oak Street. She wished to make sure
those concerns were not overlooked. She felt with the history of the neighborhood and current
uses, the C-N designation was more appropriate.
Commissioner Chiles inquired if Ms. Larsen had background information on this property,
pertaining to the length of time Redwood Legal Assistance has been at that location.
Ms. Larsen indicated she did not have that information but would be able to obtain it if necessary.
She stated Redwood Legal Assistance has been there for some time.
Commissioner Chiles asked if the property has been purchased as a C-1 zoning.
Ms. Larsen felt it may have been and that might have influenced the purchase.
Sandra Molcilo, 3551 Feliz Creek Road, Hopland, real estate broker representing the property
owner at 417 North Oak Street. stated the property had been purchased when it was zoned C-1,
with that as a deciding factor. The intention was to possibly open a law office next door to
Redwood Legal Services as purchasers are attorneys. The property is currently being marketed
for sale and a lot of effort has been put forth to market as a Commercial property. When it was
initially proposed to rezone from C-1 to C-N, they felt comfortable with the rezoning as it was
compatible with the use they anticipated. The change from a C-1 to R-1 seems to be a very
serious downzoning which could reduce the value of the property considerably. Property owners
have instructed her to publicly object to the rezoning as it does affect the value of their property.
Commissioner Chiles inquired if the values would remain the same if the zoning were to be
changed to C-N.
Ms. Molcilo stated the value would stay relatively close, she felt it could never be used correctly
as a C-1 as parking is not available. She felt it would be more suitable as a C-N zoning.
Commissioner Chiles questioned if R-1 zoning would create a drastic reduction in value.
Ms. Molcilo affirmed, in her opinion, it would be a major reduction.
Vice Chairman Larson questioned the current use of the property
Ms. Molcilo informed the commission the property is currently a residence.
Alan Sieber, 180 Luce Avenue, inquired on The Luce Avenue rezoning what would effect it would
MINUTES OF THE PLANNING COMMISSION August 12, 1998
Page 6
have on his property.
Vice Chairman Larson deferred the question to staff.
Mr. Stump indicated he was not a property appraiser and would not be able to determine if there
would be a financial effect. He felt it would depend on the ultimate use of the property. He felt the
impact potential would be greater if the property were zoned Commercial as opposed to Single
Family Residential.
Gary Smith, 16 Betty Street, the owner of the property of 140 Luce Avenue stated he purchased
the property in 1990, with his daughter, who resided in the home. She opened the beauty shop in
order to be able to operate from her residence. When his daughter recently married and moved,
she sold her business at this location. His intent is to rezone to Neighborhood Commercial in order
that the current salon owner, who does not reside at this location, can retain the business.
He explained the businesses which are adjacent to this property are zoned either Commercial or
Neighborhood Commercial. He added the business is currently a one operator salon and has
adequate off street parking. The residence is currently rented by someone other than the shop
operator.
Discussion followed regarding home occupations. It was noted regulations state; in order to be
in compliance in a residential zone, for a home occupation, the operator of the business must
reside at the location. In C-N zoning the operator does not need to be the resident but may
lease from the property owner.
PUBLIC HEARING CLOSED 7:43 P.M.
Commissioner Chiles felt the Luce Avenue zoning should probably have been left as an R-2
or R-3 buffer between the surrounding Commercial district. He felt that although staff did not
support the rezoning, he would support the C-N zoning. With regard to North Oak Street
rezoning, he felt it should be taken in steps. Downzoning from C-1 to R-1 is inverse
condemnation. He felt C-N zoning would fit for the time being and could be changed at some
time in the future depending on the outcome of property use in the area.
Commissioner Puser was in favor of the R-1 zoning in the North Oak Street area. She was
sympathetic to the possible financial loss as a result of the downzoning, but felt the area was
clearly a strong, stable, neighborhood which needs to be preserved. On the Luce Avenue
property, her opinion was leaning toward the C-N zoning.
Vice Chairman Larson explained, to the public, the decision the Commission makes tonight is
only a recommendation to the City Council. It is not a binding approval or disapproval. He
commented zoning and land use designations become complicated when it is necessary to
create a line between Commercial and Residential uses. Oftentimes, the result creates non
conforming uses and under utilized properties. The C-N zoning was specifically designed for
properties along Dora Street where Commercial development interfaced with Residential. It
was a moderate zoning which would blend in and not conflict with Residential areas. Previous
problems which were encountered on North Oak Street were a deciding factor in changing the
MINUTES OF THE PLANNING COMMISSION
Page 7
August 12, 1998
zoning from Commercial. The Commercial properties in this area are an intrusion into the
Residential area. He stated, for those reasons, he was in support of the R-1 zoning for the
North Oak Street area. In reference to the Luce Avenue property, it was previously decided
that even though there are Commercial properties in the area, Single Family Residential (R-l)
zoning was the most appropriate for the area. The property in question was operating in a
Residential zone without incidence. He felt there was no reason to rezone the property and
would support staff's recommendations on both items.
ON A MOTION By Commissioner Puser, seconded by Vice Chairman Larson, it was carried by
the following roll call vote to recommend approval of the Negative Declaration for the project.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner Puser and Vice Chairman Larson
Commissioner Chiles
None
Commissioner Correll and Chairman Pruden
ON A MOTION By Commissioner Puser, seconded by Vice Chairman Larson, it was carried by
the following roll call vote to recommend approval to the City Council of staff's recommendation
for General Plan Amendment Rezoning No. la.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner Puser and Vice Chairman Larson
Commissioner Chiles
None
Commissioner Correll and Chairman Pruden
ON A MOTION By Commissioner Puser, seconded by Vice Chairman Larson, it was carried by
the following roll call vote to recommend approval to the City Council of staff's recommendation
for General Plan Amendment Rezoning No. lb.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner Puser and Vice Chairman Larson
Commissioner Chiles
None
Commissioner Correll and Chairman Pruden
Si
PLANNING DIRECTOR REPORTS
8A. City Council and Redevelopment Agency Actions
8B. Future Planning Commission Agenda Items
8C. Status Reports
Senior Planner Stump advised the Commission, when the NCO day care project was
approved, a condition was added instructing Planning staff to work on a revised parking plan to
be submitted by the applicant that would provide parking in the shaded area on the south side
of the building. Applicants attempted to comply but the result was a loss in parking spaces
which was impractical. The Planning Director has acted to absolve the applicants from that
condition.
MINUTES OF THE PLANNING COMMISSION
Page 8
August 12, 1998
August 1998
REDWOOD LEGAL ASSISTANCE
Planning Commission
c/o City Clerk, City of Ukiah
300 Seminary Street
Ukiah, California 95482
[-~ Southern Office
P.O. Box 747
Ukiah, CA 95482
(707) 462-1471
FAX (707) 462-9483
(877) 529-7700
462-4117
[-] ~ern:Office
P.O. Box 1017
Eureka, CA 95501
(707) 445-0866
Re: General Plan Amendment/Rezoning No. l (a)
Dear Planning Commission:
Redwood Legal Assistance (RLA) is a private, non profit corporation which has as its mission the
provision of civil legal services to low income people in Mendocino, Lake, Humboldt, and Del
Norte Counties. One of our two offices has been operating from a building we own at 421 N. Oak
Street for many years. We are open to the public only sixteen hours a week- 10 A.M. to 12 Noon
and 1.P.M. to 3 P.M. Mondays through Thursdays. In recent years, more and more of our work,
including intake of new clients, is done by telephone.
We have not experienced any problems with our neighbors nor have our neighbors experienced
any problems with our operation. Our part of our block, the southern half of the east side of the
400 block of block of North Oak Street is like the rest of the block and the neighborhood, a mix of
residential and light commercial/professional uses, comprising a well-kept, older neighborhood.
We understand' that our use, and even the similar use (professional) of any potential buyer of our
property would be "grandfathered' as "legal but non conforming" if the proposed amendment/
rezoning is made. Nevertheless, we see no need for the change. Since this is a long established
neighborhood of community service and professional organizations, why would the city want to
eliminate, even indirectly, low-impact and valuable groups providing essential services?
The original plan proposed in February, 1998, requested a change from Light Commercial (C-I)
to Comercial-Neighborhood (C-N). This is much more appropriate to the situation. We therefore
oppose the change to R-1 as unsuitable for an area of established community service and
professional businesses just two blocks from the County Courts, post office and local bank.
Sincerely,
JAMES STOEPLER
Directing Attorney
cc: Charley Stump, Senior Planner
AGENDA
SUMMARY
DATE:
?b
ITEM NO.
September 2, 1998
REPORT
SUBJECT:
CONSIDERATION OF A RESOLUTION TO AMEND THE GENERAL PLAN
LAND USE MAP TO REDESIGNATE 1 PARCEL OF LAND LOCATED AT
140 LUCE 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). (INITIATED BY GARY SMITH).
SUMMARY: This General Plan Amendment/Rezoning project involves the one parcel located
at 140 Luce 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 Residential) to "CN" (Neighborhood Commercial).
Background: This parcel is situated along Luce Avenue approximately 140 feet west of State
Street. It is developed with a single family residence and an accessory structure used in the
past as a one-station hair salon home occupation. The owners of the property would like to
lease the residence and "hair salon" separately, which would not comply with the "RI" zoning
regulations of requiring an occupant of the residence to operate the salon as an actual home
occupation. Accordingly, the property owner has applied to redesignate the property as
commercial, and rezone it to "CN" (Neighborhood Commercial).
(continued on Page 2)
RECOMMENDATION: 1) Approve the Negative Declaration; 2) Do not adopt the Resolution
amending the General Plan; and 3) Do not adopt the Ordinance rezoning the subject properties.
ALTERNATIVE COUNCIL POLICY OPTION: 1. Adopt the Resolution and Ordinance.
Citizen Advised: Publicly noticed 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, and
David Rapport, City Attorney
Attachments:
1.
2.
3.
4.
5.
Negative Declaration/Initial Study.
Resolution amending the General Plan.
Ordinance rezoning the 1 parcel of land.
Planning Commission Staff Report, dated August 12, 1998.
Planning Commission minutes, dated August 12, 1998.
Candace Horsier, (~ity Manager
The General Plan adopted in 1995 designated the subject parcel as "HDR" (High Density
Residential), which prompted a rezoning from "RI" to the "R3" zoning classification. However,
the Planning Commission and City Council disagreed with the "HDR" Land Use Designation and
as a result, the General Plan was amended in 1997 to redesignate the property as "LDR", and
the "RI" zoning was retained on the parcel.
Analysis: The property is situated between a commercial land use to the east, and the Plow
Shares facility on the west. Across Luce Avenue to the south are two (2) parcels zoned "C2"
(Heavy Commercial), and three (3) parcels zoned "CN". The large parcel to the north is zoned
"R3" (High Density Residential) and is developed with a mobile home park.
Based on the fact that the Planning Commission and City Council recently evaluated this parcel
and concluded that the R1 zoning classification was appropriate, and that nothing has occurred
since that time warranting a change, it is staff's conclusion that the "LDR" land use designation
and "RI" zoning are appropriate. Accordingly, staff is recommending disapproval of the request
to change the land use designation and zoning on the parcel at 140 Luce Avenue.
Planning Commission Hearing: On August 12, 1998, the Planning Commission conducted a
public hearing and considered the proposed General Plan Amendment/Rezoning project. After
a brief discussion, the Commission voted 2-1 to recommend disapproval of the project. They
found that the parcel was developed residentially, and that changing it to commercial could lead
to an inappropriate intrusion of commercial land uses into the residential neighborhood to the
west.
Conclusions: Based on the recent action of the City Council to assigned the "LDR" land use
Designation and "RI" zoning classification to the Luce Avenue parcel, staff is compelled to
support the General Plan and recommend against this request. Nevertheless, in the event the
subject GPNRezone project is found to be acceptable to the City Council, despite previous
actions on the property, a Resolution and Ordinance are attached for Council's consideration.
If, on the other hand, the Council agrees with staff's recommendation to deny the project, the
Resolution and Ordinance should be ignored.
LOCATION MAP
GENERAL PLAN AMENDMENT/REZONE APPLICATION #98-13: SMITH
140 Luce Avenue
{Assessor Parcel Nos. 003-072-04)
~AYO
tOOL
I I I I I I I
0 500 1000 1500 2000 2500 3000 FT.
SCALE' 1 inch = 500 feet
CITY OF UKIAH
NEGATIVE DECLARATION
DATE:
APPLICANT:
PROJECT:
LOCATION:
June 19, 1998
City of Ukiah - Planning Department
General Plan Amendment and Rezoning Group No. 1
2 proposals: 1) Located along the east side of North Oak Street between Smith Street on
the south and Gibson Creek on the north; 2) 140 luce Avenue.
DESCRIPTION OF PROPOSAL: The project involves 2 proposed General Plan Amendment/rezoning components.
The first is to amend the General Plan Land Use Map to redesignate 4 parcels from "C" (Commercial) to "LDR" (Low
Density Residential); and to amend the City Zoning Map by rezoning the parcels from "C-1" (Light Commercial) to
"R-I" (Single Family Residential). The following four (4) parcels would be affected by the project: APN 002-182-13
(Redwood Legal Assistance); APN 002-182-15 (Woodlief); APN 002-182-17 (Coots); and APN 002-182-18
(Mendocino/Lake County Medical Society). The second is to amend the General Plan Land Use Map to redesignate
the parcel at 140 Luce Avenue from "LDR" to "C" and to rezone them from "R~I" to "C-N" (Neighborhood Commercial).
ENVIRONMENTAL SETTING: The project area are densely developed with urban land uses, and is devoid of
sensitive environmental habitats.
ENVIRONMENTALANALYSIS: Staff did not identify any potential environmental impacts resulting from the project,
and therefore concluded that a Negative Declaration is appropriate for the project.
FINDINGS SUPPORTING A NEGATIVE DECLARATION:
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project does not have
the potential to degrade the quality of the local or regional environment.
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result
in short-term impacts that will create a disadvantage to long-term environmental goals.
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result
in impacts that are individually limited, but cumulatively considerable.
Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result
in environmental impacts which will cause substantial adverse effects on human beings, either directly or
indirectly.
STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has
determined that there is no substantial evidence that the project will have a significant adverse impact on the
environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental
review and analysis required by the California Environmental Quality Act. This Negative Declaration and associated
Initial Study may be reviewed at the Ukiah branch of the Mendocino County Library at 105 North Main Street, Ukiah,
or at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. (707) 4~;3-
6200.
Ch~ St~Senio~l~nner/~vY~nmental Coordinator
/-!
I. BACKGROUND INFORMATION
.
Name of Project Proponent
2) Mr. Gary Smith
1) City of Ukiah Planning Department /
1
Address of Project Proponent 1) 300 Seminary Avenue, Ukiah / 20 16
Betty Street, Ukiah
3. Name of Project General Plan Amendment/Rezoninq Group No. 1
w
Assessors Parcel Number(s) 1) 002-182-13; 002-182-15; 002-182-17;
002-182-18; 2) 003-072-04
5. Date of Initial Study Preparation, June 2, 1998
6. Name of Lead Agency Ukiah Planninq Department
7. Address and Phone Number of Lead Agency 300 Seminary Avenue,
Ukiah (707) 463-6200
aw
Brief Project Description (see attached)
9. Person Responsible_, for P_~/eparigg
~Se?r Planner
Initial Study:
PROJECT DESCRIPTION
General Plan Amendment / Rezoning Group No. 1
This General Plan AmendmentJRezoning project involves two (2) components. The first is to
amend the General Plan Land Use Map to redesignate 4 parcels from "C" (Commercial) to "LDR"
(Low Density Residential); and to amend the City Zoning Map by rezoning the parcels from "C-1"
(Light Commercial) to "R-I" (Single Family Residential). The following four (4) parcels would be
affected by the project: APN 002-182-13 (Redwood Legal Assistance); APN 002-182-15
(Woodlief); APN 002-182-17 (Coots); and APN 002-182-18 (Mendocino/Lake County Medical
Society). The second is to amend the General Plan Land Use Map to redesignate the parcel
at 140 Luce Avenue (Smith) from "LDR" to "C" and to rezone them from "R-I" to "C-N"
(Neighborhood Commercial).
The first project is located along the east side of North Oak Street between henry Street on the
South and Gibson Creek on the north. It was initiated by the City Council on May 6, 1998. At
the conclusion of a public hearing on a proposal to create a "Neighborhood Commercial" Zoning
District along North Oak Street from Smith Street to Gibson Creek, the Council unanimously
decided to exclude the above four parcels from the proposed "C-N" District. They then directed
staff to initiated the current project to amend the General Plan and Rezoning the parcels to "R-
.1'
The second project located at 140 Luce Avenue, was initiated by the property owner, and is
being grouped with the first project to form 1 amendment to the General Plan Land Use Map.
ENVIRONMENTAL CHECKLIST FORM
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
1. EARTH:
a. Unstable earth conditions or changes
in geologic structures.
b. Disruptions, Displacements, [~ '
Compaction, or overcovering of soil.__
c. Change in topography or ground
surface relief features.__
d. The destruction, covering, or ~'~
modification of any unique geologic or"1aa
physical features.
e. Any increase in wind or water erosion
of soils, either on or off the site.
f. Changes in deposition or erosion of
beach sands, or changes in siltation, r'~
deposition, or erosion that may1
modify the channel of a river, stream,
inlet, or bay?
g. Exposure of people or property to
geologic hazards such as__
earthquakes.
2. AIR:
a. Substantial air emissions or
deterioration of ambient air quality.
b. The creation of objectional odors. [~'
c. Alteration of air movement, moisture,
or temperature, or any change in
climate, either locally or regionally?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
3. WATER:
a. Changes in the currents, or the [~ [~ [~ [~ ~
course of water movements, in either
fresh or marine waters.
b. Changes in the absorption rates, ~
drainage patterns, or the rate and~ [~ ~ ~ ~
amount of surface runoff.
c. Alterations to the course or flow of [~ [~ ~ ~ ~
flood waters.
d. Change in the amount of surface [~ ~ [~ ~ [~
water in any water body.
e. Discharge into surface water, or any ~
alteration of surface water quality,~' E~. [~ E~ E~
including but not limited to
temperature, dissolved oxygen or
turbidity.
f. Alteration of the direction or rate of [~ ~ [~ [~ ~
flow of ground water.
g. Change in the quantity of ground ~
water, either through direct additions[~ ~ ~ ~ [~
or withdrawals, or through
interception of an aquifer by cuts or
excavations. [~- ~ ~ ~ ~
h. Change in the quality of ground
water.
i. Substantial reduction in the amount of [~ [~ [~ [~ [~
water otherwise available for public
water supplies. [~ ~ [~ ~ [~
j. Exposure of people or property to
water related hazards such as
flooding or tsunamis.
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING significant Unless t~o Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
4. PLANT LIFE:
a. Change in the diversity of species, or ~
numbers of any species of plants[~ C~ [~ E~ E~
including trees, shrubs, grass, crops,
and aquatic plants.
b. Reduction of the numbers of any ~
unique, rare, or endangered species[~ [~ E~ [~ E~ '
of plants.
c. Introduction of new species of plants E~ ~ E~ ~ [~
into an area, or in a barrier to the
normal replenishment of existing
species.
d. Reduction in acreage of any ~
cro .
5. ANIMAL LIFE:
a. Change in the diversity of species, or
number of any species of animals [~' ~ [~ E~ E~
including birds, land animals, reptiles,
fish, insects, and bethnic organisms.
b. Reduction in the number of any [~ E~ E~ E~ ~
unique, rare, or endangered species
of animals.
c. Introduction of new species of [~ E~ E~ [~ ~
animals into an area, or in a barrier to
the migration or movement of
animals' ~ [~ E~ E~ [~
d. Deterioration of existing fish or wildlife
habitat.
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
6. NOISE:
a. Increase in existing noise levels, [~ [~ [~ [~ E~
b. Exposure of people to severe noise ~,
levels.E~ E~ [~ [~ E~
7. LIGHT AND GLARE:
a. Production of new light and glare. [~ [~ E~ [~ [~
b. Reduction of solar exposure or
adverse impacts to existing solar [~' [~ E~ E~ E~
collection facilities.
8. LAND USE:
a. Substantial alteration of the present [~ [~ [~ E~ E~
or planned land use of a given area.
9. NATURAL RESOURCES:
a. IncreaSe in the rate of use of any [~ E~ E~ E~ E~
natural resources.
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
10. RISK OF UPSET:
a. A risk of an explosion or the release~ ~ ~ [~
of hazardous substances, (including ~ [~
oil, pesticides, chemicals, or radiation)
in the event of an accident or upset
conditions.
b. Possible interference with an ~
emergency response plan or~ E~ ~ E~ ~
evacuation plan.
11. POPULATION:
a. Alterations in the location, distribution, [~' E~ E~ E~ E~
density, or growth rate of human
populations.
12. HOUSING:
a. VVill the proposal effect existing E~' E~ ~ E~ E~
housing or create a demand for new
housing?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
13. TRANSPORTATION:
a. Generation of substantial additional ~' [~ ~ E~ ~
vehicular movement?
b. Effects on existing parking facilities, [~ E~ E~ E~ [~
or demand for new parking facilities?
c. Substantial impact upon existing ~ ~ E~ E~ E~
transportation systems?
d. Alterations to present patterns of ~
circulation or movement of people~ ~ E~ E~ ~
and/or goods?
e. Alterations to waterborne, rail, or air [~ E~ E~ [~ ~
traffic?
f. Increase in traffic hazards to motor ~ E~ E~ E~ ~
vehicles, bicyclists or pedestrians?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated A ppa rent
ENVIRONMENTAL EFFECTS: Mitigation
'14. PUBLIC SERVICES:
a. Will the proposal have an effect upon,
or result in a need for new or altered
government services in any of the
following areas:
1. Fire protection?
2. Police protection?
c oo,s?
4. Parks & recreation facilities?
5. Maintenance of public facilities?
6. Other governmental services?
15, ENERGY:
a. Use of substantial amounts offuelor
energy?
B. Substantial increase in demand upon
existing sources of energy, or require
the development of new energy
sources?
WILL THE PROJECT RESULT No Not Significant Significant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
16. UTILITIES:
a. Will the project result in a need for
new systems or substantial alterations
to the following:
1. P°table water? E~ ~ E~ E~ [~
2. Sewerage? [~ E~ C~ E~ ~
3. Transmission lines? E~ E~ ~ ~ E~
17. HUMAN HEALTH:
a. Creation of any health hazard or ~ E~ E~ E~ [~
potential health hazard?
b. Exposure of people to any existing ~
health hazards?~ ~ E~ ~
18. AESTHETICS:
a. Obstruction of any scenic vista or [~ E~ ~ ~ E~
view open to the public, or create an
aesthetically offensive site open to
public view?
l0
WILL THE PROJECT RESULT No Not Significant Sig,'~ificant Cumulative
IN THE FOLLOWING Significant Unless No Impacts
Mitigated Apparent
ENVIRONMENTAL EFFECTS: Mitigation
19. RECREATION:
a. Impact upon the quality or quantity of E~ ~ ~ E~ E~
existing recreational oppodunities?
20. CULTURAL RESOURCES:
a. Alteration or destruction of a ~ E~ [~ ~ ~
prehistoric or historic archaeological
site?
b. Adverse physical or aesthetic effects [~ ~ [~ ~ ~
to a prehistoric or historic building or
structure?
c. Cause a physical change that would E~ E~ E~ ~ ~
effect the unique ethnic cultural
values?
DISCUSSION OF:'!POTENTIAE:.i ENVI'RONMENTAE' ':IMPACTS:
DISCUSSION OF POTENTIAL IMPACTS (Component #1): is not anticipated that the
proposed General Plan amendment and rezoning project along North Oak Street (component #1) would
have an adverse effect on the environment for the following reasons:
a.
Downzoning: The project represents a "downzoning" action, changing the zoning
classification on the subject parcels from an intense "C-1" (Light Commercial)
classification to the Iow impact "R-I" (Single Family Residential) classification. The
potential impacts resulting from development under the existing "C-1" classification, such
as traffic, noise, etc., would be significantly reduced by rezoning the property to the
"R-I" zoning classification. The reduction in potential impacts from what is possible
under the current zoning would be the direct result of eliminating the possibility for c
commercial land uses on the parcels, as well as imposing more restrictive development
standards.
Traffic: The most intense potential use allowed or permitted under the current
"C-1" Zoning classification would be commercial retail. Depending upon the
actual retail use, vehicle trips could be as high as 31 trips during the peak hour
(video rental store)*. However, the most likely commercial land use is small
professional offices. Indeed, two of the four single family residences have
already been converted to offices, and have functioned in this manner for many
years. The ITE Trip Generation Manual indicates that a 1500 square foot single
tenant office building generates approximately 17 vehicle trips per day during the
week. Under the proposed "R-I" zoning classification the highest potential
number of vehicle trips is 10 per day. This represents a substantial decrease
in potential neighborhood traffic as a result of the proposed project.
* ITE Trip Generation Manual, 6th Edition, Vol. 2, 1997
.
.
Noise: While it can be argued that there may not be a noticeable difference
between the daily noise generated by a professional office and a single family
residence, in terms of human voices and other typical noise generators, the
noise produced from the higher number of vehicles is substantial. With the
reduction in potential traffic and less overall congestion, a corresponding
reduction is noise resulting from the project can be expected.
Other Environmental Topics: Other environmental topics analyzed as a part
of the Initial Study include potential impacts to soils/earth, air quality, animal and
plant life, natural resources, land use, public services, cultural resources,
recreation, etc. It has been generally concluded that the downzoning project
would result in less potential for any of these impacts as compared to the
12
/-/3
.
m
1
current zoning, because the proposed zoning is inherently less intense in terms
of potential overall development and possible land uses.
DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS (Component #1): It is not
anticipated that the project will have adverse cumulative impacts on the environmental, because the
potential individual impacts are less than what could occur under the existing zoning. The project
represents a downzoning from the more intense zoning classification to the most subdued, so that the
potential cumulative environmental impacts resulting from maximum uses of the parcels is significantly
reduced.
DISCUSSION OF POTENTIAL IMPACTS (Component #2): it is not anticipated that the
proposed General Plan amendment and rezoning project along Luce Avenue (component #2) would have
an adverse effect on the environment for the following reasons:
a.
Minor Upzoning: The project represents a minor upzoning on an already developed
parcel of land. The property is relatively small, and the resulting increase in potential
intensity of development (residential to commercial) is minor given the small size and
location of existing development.
.,
Traffic: Because of the minor nature of the upzoning, and the limited potential
to actually increase the intensity of development, it is concluded that any
increase in traffic resulting from the project would be minor and incidental.
Additionally, if a small commercial land use were to establish on the site, traffic
to and from the property would generally come from State Street to the east,
rather than through the established single family residential neighborhood to the
west.
.
Other Environmental Topics: Other environmental topics analyzed as a part
of the Initial Study include potential impacts to soils/earth, air quality, animal and
plant life, natural resources, land use, public services, cultural resources,
recreation, etc. It has been generally concluded that the minor upzoning project
would not result in significant adverse impacts because of the small size of the
parcel and the amount and location of the existing development, which limits
parking and lot coverage.
DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS (Component #2): It is not
anticipated that the project will have adverse cumulative impacts on the environmental, because the
potential increase in intensity of development is minor given the small size of the property, and the
amount and location of existing development.
CONCLUSIONS: After careful review and analysis, staff is able to conclude that the proposed
General Plan amendment and rezoning project (components 1 and 2) will not have significant adverse
impacts upon the environment.
13
6. MANDATORY FINDINGS OF SIGNIFICANCE'
a.
Potential to degrade: Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or animal
species, or eliminate important examples of the major periods of California history or prehistory?
YES [~
NO
b.
Short Term: Does the project have the potential to achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-term impact on the environments one which occurs
in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future).
YES [~
NO
C.
Cumulative: Does the project have impacts which are individually limited, but cumulatively
considerable? (A project may impact on two or more separate resources where the impact on
each resource is relatively small, but where the effect on the total of those impacts on the
environment is significant).
YES [~
NO
d.
Substantially Adverse: Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or indirectly?
YES [~
NO
14
7. DETERMINATION: On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described
within the initial study have will be incorporated into the design of the project or required
by the City of Ukiah. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT shall be required.
Senior Planner/Environmental Coordinator
Title
Charles Stump
Print Name
Date
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING THE CITY GENERAL PLAN
WHEREAS, in 1995, the City Council unanimously adopted the revised Ukiah
General Plan, which assigned new land use designations to a number of parcels
located in the City; and
WHEREAS, Mr. Gary Smith, the owner of Assessors parcel Number 003-072-04 applied
for an amendment to the General Plan Land Use Map to change the designation on the property
from "LDR" (Low Density Residential) to "C" (Commercial); and
WHEREAS, the City Planning Department conducted an Initial Study to ascertain
if the proposed General Plan Amendment would have significant adverse impacts on the
environment; and
WHEREAS, based on the analysis contained in the Initial Study, staff is able to
conclude that the proposed General Plan Amendment project would not have a significant
adverse effect on the environment; and
WHEREAS, the City Council finds that the redesignation of the parcels from "LDR"
to the "C" Land Use Designation for the subject parcel is consistent with the goals
and policies of the plan, because: 1) the parcel is located in close proximity to other commercial
land uses, transportation facilities, and a major street; and 2) the vacant land survey, housing
production goals, and over housing mix envisioned for the City are not significantly altered or
invalidated; and
WHEREAS, the City Council finds that based on the existing and envisioned land
uses surrounding the Luce Avenue parcel, the proposed General Plan Amendment is
reasonable and appropriate.
RESOLUTION NO.
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NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah
hereby amends the General Plan Land Use Map by redesignating Assessors Parcel Number
003-072-04 from "LDR" (Low Density Residential) to "C" (Commercial).
PASSED AND ADOPTED on
AYES:
NOES:
ABSTAIN:
ABSENT:
, by the following roll call vote:
Sheridan Malone, Mayor
ATTEST:
Marie Ulvila, City Clerk
RESOLUTION NO.
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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 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 properties 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 concludes that the proposed rezoning project would not have a significant
adverse effect on the environment, and therefore adoption of a Negative Declaration is
appropriate.
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.
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SECTION SiX
This ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
, by the following role call vote:
Sheridan Malone, Mayor
ATTEST:
Marie Ulvila, City Clerk
ORDINANCE NO.
Page 2 of 2
DATE:
TO:
FROM'
SUBJECT:
CITY OF UKIAH
PLANNING REPORT
AGENDA 7 B & C
ITEM: --- , ,
DATE: _ 8-12-98
August 12, 1998
City of Ukiah Planning Commission
City of Ukiah Planning Department
General Plan AmendmentJRezoning No. 1
A) North Oak Street and B) 140 Luce Avenue
PROJECT SUMMARY: This General Plan Amendment/rezoning project involves two
components. They are being grouped together to form one amendment to the General Plan
Land Use Map. The consolidation into one amendment is important because State law only
allows a local jurisdiction to amend their General Plan four times per year. Combining these two
proposals results in one amendment.
Approval of the project would change the General Plan land use designation on the four parcels
situated along the east side of North Oak Street between Henry Street and Gibson creek from
C (Commercial) to LDR (Low density Residential). it would also change the designation for the
parcel at 140 Luce Avenue from LDR to C. Corresponding zoning classifications would be
assigned as a result of the proposed General Plan amendments.
The North Oak Street component is being initiated by staff based on direction received from the
City Council during the General Plan rezoning program. The Luce Avenue proposal has been
privately initiated by the owner of the property.
This project is quasi-legislative in nature and does not require City Planning
Commissioners to visit the site prior to formulating a recommendation to the City Council.
PROJECT LOCATION: The first component of the project is located along the east side of
North Oak Street between Henry Street on the South and Gibson Creek on the north. The
second component is located at 140 Luce Avenue.
ENVIRONMENTAL DOCUMENTATION: The General Plan amendment and rezoning of the
subject parcels was analyzed in an Initial Study (attached). Based upon the conclusions reached
in that document, staff is recommending that a Negative Declaration be approved for the project.
GENERAL PLAN AND ZONING DESIGNATIONS: The proposed General Plan land use
designation change for the North Oak Street project is C (Commercial) to LDR (Low Density
Residential), and the proposed zoning classification change is Cl (Light Commercial) to R1
(Single Family Residential). The proposed General Plan land use designation change for the
Luce Avenue project is LDR to C, and the proposed zoning classification change is R1 to C1.
DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning
Commission recommend the following to the City Council: 1) APPROVAL of the proposed
Negative Declaration; 2) APPROVAL of the North Oak Street General Plan amendment and
rezoning; and 3) DENIAL of the Luce Avenue General Plan amendment and rezoning.
PROJECT DESCRIPTION: This one General Plan Amendment/rezoning project involves two
components. The first is to amend the General Plan Land Use Map to redesignate 4 parcels
from C (Commercial) to LDR (Low Density Residential); and to amend the City Zoning Map by
rezoning the parcels from C1 (Light Commercial) to R1 (Single Family Residential). The
following four (4) parcels would be affected by the project: APN 002-182-13 (Redwood Legal
Assistance); APN 002-182-15 (VVoodlief); APN 002-182-17 (Coots); and APN 002-182-18
(Mendocino/Lake County Medical Society). The second component is to amend the General
Plan Land Use Map to redesignate the parcel at 140 Luce Avenue from LDR to C and to rezone
it from R1 to CN (Neighborhood Commercial).
STAFF ANALYSIS/DISCUSSION: The two components of this project have been analyzed
separately below:
North Oak Street
On May 6, 1998, the City Council conducted a public hearing to consider rezoning the
subject parcels, as well as a number of others in the area to CN (Neighborhood
Commercial). After a lengthy discussion, the Council took action to rezone a number of
the parcels CN, but decided not to assign this zoning classification to the four (4) subject
parcels along the east side of Oak Street north of Henry Street. The Council remanded
the zoning disposition of the four (4) parcels back to staff for initiation of a General Plan
amendment to the LDR (Low Density Residential) land use designation and rezoning to
the R1 (Single Family Residential)zoning classification.
Prior to the May 6, 1998 City Council meeting, the Planning Commission had reviewed
the CN district proposal for North Oak Street, and had concluded that it did not make
sense for the parcels north of Henry Street. Public testimony from neighboring property
owners urged the Planning Commission to recommend that the City Council ultimately
rezone the parcels to R1. The same testimony was provided at the May 6, 1998 City
Council meeting, which prompted the Council's direction to staff to bring the current
General Plan amendment and rezoning proposal forward.
Two (2) of the subject parcels are developed with single family residences, and two (2)
are homes that have been converted to professional offices. VVhile the current
professional offices uses are Iow intensity and seem to 'be compatible with the
surrounding single family residential neighborhood, the existing C1 zoning could
potentially allow or permit higher intensity land uses that may not compatible with
surrounding land uses. Rezoning the parcels to R1 would help fulfil a General Plan goal
of preserving and protecting single family residential neighborhoods..
If the professional office parcels are rezoned to R1, they would become legal non-
conforming land uses. Legal non-conforming land uses are legal and may continue
indefinitely, provided they do not cease to operate for a six-month period, and provided
that they are not significantly increased in size, scale, or intensity, if for some reason
2
they do cease to operate for a continuous pedod of six months, they would be considered
abandoned, and any new uses would have to conform to the R1 zoning classification.
Based on the single family residential nature of the neighborhood along Oak Street north
of Henry Street, as well as the General Plan's goal to protect and preserve Iow density
residential neighborhoods, it is staff's conclusion that rezoning the subject parcels to R1
is reasonable and appropriate.
2. 140 Luce Avenue
This parcel is situated along Luce Avenue approximately 140 feet west of State Street.
It is developed with a single family residence and an accessory structure used in the past
as a one-station hair salon home occupation. New owners of the property would like to
lease the residence and "hair salon" separately, which would not comply with the zoning
regulations of requiring an occupant of the residence to operate the salon as an actual
home occupation. Accordingly, the property owner has applied to redesignate the
property as commercial, and rezone it to CN (Neighborhood Commercial).
The property is situated between a commercial land use to the east, and the Plow Shares
facility on the west. Across Luce Avenue to the south are two (2) parcels zoned C2
(Heavy Commercial), and three (3) parcels zoned CN. The large parcel to the north is
zoned R3 (High Density Residential) and is developed with a mobile home park.
The General Plan adopted in 1995 designated the subject parcel as HDR (High Density
Residential), which prompted a rezoning from R1 to the R3 zoning classification.
However, the Planning Commission and City Council disagreed with the HDR Land Use
Designation and as a result, the General Plan was amended in 1997 to redesignate the
property as LDR, and the R1 zoning was retained on the parcel.
Based on the fact that the Planning Commission and City Council recently evaluated this
parcel and concluded that the R1 zoning classification was appropriate, and that nothing
has occurred since that time warranting a change, it is staff's conclusion that the LDR
land use designation and R1 zoning are appropriate. Accordingly, staff is recommending
disapproval of the request to change the land use designation and zoning on the parcel
at 140 Luce Avenue.
CONCLUSIONS: This proposed General Plan amendment and rezoning project involves two
(2) separate components. The North Oak Street component was initiated by the Planning
Department in response to direction provided by the City Council. The Luce Avenue component
is requested by the property owner to provide opportunity for a wider range of possible land uses
on the site.
Based on the existing and envisioned land uses surrounding the North Oak Street parcels, it is
staff's conclusion that the proposed General Plan Amendment and Rezoning are reasonable and
appropriate. Moreover, the proposed designation for the North Oak Street parcels conform to
the General Plan criteda for land use classifications, and would not cause inconsistencies
between policies contained in the Plan.
Based on the recent action of the City Council to assigned the LDR land use Designation and
R1 zoning classification to the Luce Avenue parcel, staff is compelled to support the General
Plan and recommend against this request.
ATTACHMENTS: 1. Draft Resolution amending the General Plan
2. Draft Ordinance rezoning the five (5) parcels of land
3. Negative Declaration/Initial Study
4. Letter received from Redwood Legal Assistance, dated August 5, 1998
ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report,
respectiv, cly:
~./~,. ~9~' ~mp, ,Se/~~nner S ~n~n i'f"/~J(~'~
., Bob __., ir7'~/Directo'J:
4
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioners Puser, Chiles, and Vice Chairman Larson
None
None
Commissioner Correll and Chairman Pruden
7B.
General Plan Amendment/Rezoning No. 1 (a), as filed by the City of Ukiah to
amend the General Plan Land use Map to redesignate 4 parcels along the east
side of North Oak Street between Henry Street on the south and Gibson Creek
on the North from "C" (Commercial) to "LDR" (Low Density Residential); and
to amend the City Zoning Map by rezoning the parcels from "C-l" (Light
Commercial) to "R-I" (Single Family Residential). The following four (4)
parcels would be affected by the project: APN 002-182-13 (Redwood Legal
Assistance); APN 002-182-15 (Woodlief); APN 002-182-17 (Coots); and APN
002-182-18 (Mendocino & Lake County Medical Society).
7C.
General Plan Amendment/Rezoning No l(b), as filed by Gary Smith to
redesignate his property from "LDR" (Low Density Residential) to "C"
(Commercial) and to rezone it from "R-I" (Single Family Residential) to "C-N"
(Neighborhood Commercial). The property is located at 140 Luce Avenue
(APN 003-072-04)
Vice Chairman Larson explained that items 7B & 7C will be discussed as one item, both are
General Plan Amendments and rezoning proposals. One proposal is generated by The Planning
staff and the other has been requested by the property owner. During the public hearing,
individuals may speak to either item.
Senior Planner Stump reported these constitute one General Plan Amendment with two separate
components grouped within it. As State law only allows four General Plan Amendments per year,
The Planning Department groups items so as not to unnecessarily exhaust our allotted number.
He stated the first rezoning is on North Oak Street between Henry Street and Gibson Creek.
These properties have been part of a larger effort rezoning program which has been ongoing for
some time. Last year staff recommended that properties near this area be rezoned according to
the new General Plan land use designation. Those properties were rezoned according to the new
General Plan. During that process, The City Council directed The Planning staff to develop an area
of C-N (Neighborhood Commercial) within that rezoning area, which was done through the
Planning Commission and the City Council. The City Council, at that point, decided against the
C-N District which included these parcels and rezoned several parcels in the area to C-N and
directed staff to return with the four parcels in question, downzoning them from the existing C-1
(Commercial) to the R-l(Single Family Residential) zoning classification. This component is to
redesignate these properties from Commercial to Low Density Residential, and subsequently
rezone them from C-1 to R-1.
Mr. Stump commented staff has reviewed these parcels and agreed an argument can be made
for the R-1 classification, however, it is important to acknowledge there are Iow intensity
MINUTES OF THE PLANNING COMMISSION
Page 4
August 12, 1998
professional office uses on two of these parcels. The staff agrees with the City Council's direction.
This is predominately a Single Family Residential area in character, although the existing
professional office uses would become legal non-conforming uses. Property owners have been
advised of ramifications. Staff believes the Residential flavor of the neighborhood is compelling
and the Commercial designation for those properties is inappropriate. Retaining the Commercial
zoning designation could disrupt the Single Family flavor of the area, at some point in the future,
if the property ownerships were to change and the intensity of land use potential were to become
too great. The General Plan has policies to preserve established Single Family neighborhoods
and the Planning Commission has expressed concerns along these lines. The Planning
Department recommends the Planning Commission recommend, to the City Council, adoption of
the Negative Declaration and amendment of the General Plan to change the land use designation
from Commercial to Low Density Residential and then rezone these properties from C-1 to R-I.
Mr. Stump proceeded with the report on the proposed Luce Avenue rezoning. He stated the
rezoning was requested by the property owner at 140 Luce Avenue. The property currently is
developed with a single family residence and a garage structure which has been used as a welding
shop and most recently as a home occupation beauty shop. The owner wishes to rezone this
property from Low Density Residential to Commercial and rezone from R-1 (Single Family
Residential) to C-N (Neighborhood Commercial), the purpose being to provide more options as
a land owner and be able to utilize the existing hair salon on the site as a commercial use rather
than a home occupation. Mr. Stump added this property was reviewed in the General Plan
Program which designated it be rezoned from R-1 (Single Family Residential) to R-3 (High
Density Residential). The Planning Commission and the Council disagreed with the designation
at that time, and instructed staff to return with a General Plan amendment to amend the General
Plan from High Density Residential to Low Density Residential, thereby retaining the R-1 zoning
classification. In 1997, that was completed through the Planning Commission and the Council with
a General Plan Amendment changing from HDR to LDR and retaining the R-1 zoning
classification. Staff has reviewed this request and acknowledges the fact there is Commercial
zoning on the east side of this property, fronting on State Street. There is also Commercial
property to the south and partially to the north which is adjacent to high density residential, thereby
surrounding the property on three sides by Commercial or High Density Residential. The
Plowshares facility is on the west of the property. Based on the Planning Commission and City
Council actions recently taken on this parcel to designate it as Low Density Residential, to retain
the R-1 zoning. Staff recommends this request be disapproved by the Commission with
recommendation to the City Council for disapproval.
Commissioner Puser inquired if this property was a part of Planning Commission's recent
rezoning decision.
Mr. Stump affirmed the Planning Commission had recommended LDR and R-1 zoning, to the City
Council, on this property.
Vice Chairman Larson inquired if Staff was aware of the history pertaining to the property at 140
Luce Avenue in terms of business and residential use. He questioned if previous approvals were
based on owner occupancy, as a home business.
MINUTES OF THE PLANNING COMMISSION
Page 5
August 12, 1998
Mr. Stump commented in 1995 the property owner came in and inquired about a one station hair
salon on the property and subsequently established a home occupation on the site legally.
PUBLIC HEARING OPENED 7:3'1 P.M.
Joyce Larson, '1'150 Standley Street called attention to the letter which was submitted by
Redwood Legal Assistance concerning the rezoning on Oak Street. She wished to make sure
those concerns were not overlooked. She felt with the history of the neighborhood and current
uses, the C-N designation was more appropriate.
Commissioner Chiles inquired if Ms. Larsen had background information on this property,
pertaining to the length of time Redwood Legal Assistance has been at that location.
Ms. Larsen indicated she did not have that information but would be able to obtain it if necessary.
She stated Redwood Legal Assistance has been there for some time.
Commissioner Chiles asked if the property has been purchased as a C-1 zoning.
Ms. Larsen felt it may have been and that might have influenced the purchase.
Sandra Molcilo, 355'1 Feliz Creek Road, Hopland, real estate broker representing the property
owner at 417 North Oak Street. stated the property had been purchased when it was zoned C-1,
with that as a deciding factor. The intention was to possibly open a law office next door to
Redwood Legal Services as purchasers are attorneys. The property is currently being marketed
for sale and a lot of effort has been put forth to market as a Commercial property. When it was
initially proposed to rezone from C-1 to C-N, they felt comfortable with the rezoning as it was
compatible with the use they anticipated. The change from a C-1 to R-1 seems to be a very
serious downzoning which could reduce the value of the property considerably. Property owners
have instructed her to publicly object to the rezoning as it does affect the value of their property.
Commissioner Chiles inquired if the values would remain the same if the zoning were to be
changed to C-N.
Ms. Molcilo stated the value would stay relatively close, she felt it could never be used correctly
as a C-1 as parking is not available. She felt it would be more suitable as a C-N zoning.
Commissioner Chiles questioned if R-1 zoning would create a drastic reduction in value.
Ms. Molcilo affirmed, in her opinion, it would be a major reduction.
Vice Chairman Larson questioned the current use of the property
Ms. Molcilo informed the commission the property is currently a residence.
Alan Sieber, 180 Luce Avenue, inquired on The Luce Avenue rezoning what would effect it would
MINUTES OF THE PLANNING COMMISSION August 12, 1998
Page 6
have on his property.
Vice Chairman Larson deferred the question to staff.
Mr. Stump indicated he was not a property appraiser and would not be able to determine if there
would be a financial effect. He felt it would depend on the ultimate use of the property. He felt the
impact potential would be greater if the property were zoned Commercial as opposed to Single
Family Residential.
Gary Smith, '16 Betty Street, the owner of the property of 140 Luce Avenue stated he purchased
the property in 1990, with his daughter, who resided in the home. She opened the beauty shop in
order to be able to operate from her residence. When his daughter recently married and moved,
she sold her business at this location. His intent is to rezone to Neighborhood Commercial. in order
that the current salon owner, who does not reside at this location, can retain the business.
Fie explained the businesses which are adjacent to this property are zoned either Commercial or
Neighborhood Commercial. He added the business is currently a one operator salon and has
adequate off street parking. The residence is currently rented by someone other than the shop
operator.
Discussion followed regarding home occupations. It was noted regulations state; in order to be
in compliance in a residential zone, for a home occupation, the operator of the business must
reside at the location. In C-N zoning the operator does not need to be the resident but may
lease from the property owner.
PUBLIC HEARING CLOSED 7:43 P.M.
Commissioner Chiles felt the Luce Avenue zoning should probably have been left as an R-2
or R-3 buffer between the surrounding Commercial district. He felt that although staff did not
support the rezoning, he would support the C-N zoning. With regard to North Oak Street
rezoning, he felt it should be taken in steps. Downzoning from C-1 to R-1 is inverse
condemnation. He felt C-N zoning would fit for the time being and could be changed at some
time in the future depending on the outcome of property use in the area.
Commissioner Puser was in favor of the R-1 zoning in the North Oak Street area. She was
sympathetic to the possible financial loss as a result of the downzoning, but felt the area was
clearly a strong, stable, neighborhood which needs to be preserved. On the Luce Avenue
property, her opinion was leaning toward the C-N zoning.
Vice Chairman Larson explained, to the public, the decision the Commission makes tonight is
only a recommendation to the City Council. It is not a binding approval or disapproval. He
commented zoning and land use designations become complicated when it is necessary to
create a line between Commercial and Residential uses. Oftentimes, the result creates non
conforming uses and under utilized properties. The C-N zoning was specifically designed for
properties along Dora Street where Commercial development interfaced with Residential. It
was a moderate zoning which would blend in and not conflict with Residential areas. Previous
problems which were encountered on North Oak Street were a deciding factor in changing the
MINUTES OF THE PLANNING COMMISSION
Page 7
August 12, 1998
zoning from Commercial. The Commercial properties in this area are an intrusion into the
Residential area. He stated, for those reasons, he was in support of the R-1 zoning for the
North Oak Street area. In reference to the Luce Avenue property, it was previously decided
that even though there are Commercial properties in the area, Single Family Residential (R-l)
zoning was the most appropriate for the area. The property in question was operating in a
Residential zone without incidence. He felt there was no reason to rezone the property and
would support staff's recommendations on both items.
ON A MOTION By Commissioner Puser, seconded by Vice Chairman Larson, it was carried by
the following roll call vote to recommend approval of the Negative Declaration for the project.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner Puser and Vice Chairman Larson
Commissioner Chiles
None
Commissioner Correll and Chairman Pruden
ON A MOTION By Commissioner Puser, seconded by Vice Chairman Larson, it was carried by
the following roll call vote to recommend approval to the City Council of staff's recommendation
for General Plan Amendment Rezoning No. la.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner Puser and Vice Chairman Larson
Commissioner Chiles
None
Commissioner Correll and Chairman Pruden
ON A MOTION By Commissioner Puser, seconded by Vice Chairman Larson, it was carried by
the following roll call vote to recommend approval to the City Council of staff's recommendation
for General Plan Amendment Rezoning No. lb.
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner Puser and Vice Chairman Larson
Commissioner Chiles
None
Commissioner Correll and Chairman Pruden
Se
PLANNING DIRECTOR REPORTS
8A. City Council and Redevelopment Agency Actions
8B. Future Planning Commission Agenda Items
8C. Status Reports
Senior Planner Stump advised the Commission, when the NCO day care project was
approved, a condition was added instructing Planning staff to work on a revised parking plan to
be submitted by the applicant that would provide parking in the shaded area on the south side
of the building. Applicants attempted to comply but the result was a loss in parking spaces
which was impractical. The Planning Director has acted to absolve the applicants from that
condition.
MINUTES OF THE PLANNING COMMISSION
Page 8
August 12, 1998
Sa
ITEM NO.
DATE: SEPTEMBER 2, 1998
A(~ENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF ORDINANCE AMENDING DIVISION 1, CHAPTER 2, ARTICLE 2,
SECTION 62 OF THE UKIAH CITY CODE REGARDING COUNClLMEMBERS
SALARIES
At the August 19, 1998 City Council meeting the ordinance amending the Municipal Code
regarding Councilmembers salaries was introduced by a unanimous vote of the Councilmembers
present. Adoption of the ordinance is now appropriate.
Staff recommends that the City Council adopt the ordinance.
RECOMMENDED ACTION:
Adopt Ordinance Amending Division 1, Chapter 2, Article 2,
Section 62 of the Ukiah City Code Regarding Councilmembers
Salaries
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine this salaries are not to increased and do not adopt ordinance.
2. Determine ordinance requires modifications, identify necessary changes, and adopt
revised ordinance.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
NA
NA
Candace Horsley, City Manager
N/A
1. Ordinance for adoption, page 1.
APPROVED:
Candace Horsley, Ci!y Manager
mfh:asrcc98
0902CCSA
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
UKIAH CITY CODE SECTION 62 ESTABLISHING THE SALARIES FOR COUNClLMEMBERS
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE- FINDINGS AND DECLARATION
The City Council of the City of Ukiah finds and declares that this ordinance is enacted pursuant
to government code Section 36516 for the purpose of fixing the salary of the Mayor and councilmembers
of the City of Ukiah.
SECTION TWO - AMENDMENTS
Section 62 of Article 2, Chapter 2, Division 1 of the Ukiah City Code is hereby amended to read
as follows:
§62:
SALARIES: Mayor and Councilmembers: The Mayor and Councilmembers shall be paid four
hundred sixty-five dollars ($465.00) per month. Any amounts authorized and paid on behalf of
such officers for retirement, health and welfare, and Federal social security benefits shall not be
included for purposes of determining salary under this Section.
SECTION THREE - EFFECTIVE DATE
This Ordinance shall be published as required by law and shall become effective thirty (30) days
after it is adopted. Salaries of the incumbent Mayor and Councilmembers shall not be affected until a
new Councilmember begins a new term of office.
Introduced by title only on August 19, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmembers Ashiku, Kelley, Mastin, and Mayor Malone
None
Councilmember Chavez
Adopted on September 2, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Sheridan Malone, Mayor
Marie Ulvila, City Clerk
mfh:resord
ccsal
Ordinance No.
Page 1 of 1
AGENDA
SUMMARY
ITEM NO. 8b
DATE: SEPTEMBER 2, 1998
REPORT
SUBJECT' APPROVAL OF CITY PARK STAFF PERFORMING LANDSCAPE
MAINTENANCE FOR THE COUNTY LIBRARY
During the City budget sessions in June, the 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 by Vice-Mayor Jim Mastin, 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 to determine the number of hours and equipment
needed to provide these services throughout the year. The estimate also includes
irrigation materials and installation costs to be able to put the current manual water
system on a clock timed drip system. City Staff would install the irrigation system,
clock, and valves. The estimated annual costs for Library maintenance for this year
are as follows:
20 hours labor per month at $19 per hour
Equipment use and replacement
Replacement materials (plants, irrigation, etc.)
20% contingency
TOTAL
$4,560
1,200
1,000
1,352
$8,112
Park Staff has evaluated their ability to perform these services and feel confident that
they can do so for this year with current staffing. The total value donated to the
Library by the City would be $8,112.
RECOMMENDED ACTION' Staff recommends Council's approval of providing
landscape maintenance services to the Library Complex for this fiscal year.
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. Minutes of Budget Sessions June 1998.
APPROVED.~~
,:,,cM:~ Candace Horsley, City~lanager
Federal Emergency Shelter Grant
Risk Manager/Budget Officer Harris advised that the City would receive a small amount of the
administration fee. The total grant over a two-year period will be approximately $250,000. He noted
the grant is specifically for the homeless.
Community Development Block Grant
Staff and Council made a brief review of the budget.
Community Development Commission
Risk Manager/Budget Officer Harris advised that the funds would be generated from the
Community Development Block Grant.
Equipment Replacemcn(
Risk Manager/Budget Officer Harris reviewed the fund balances per department.
CITY MANAGER
City Manager Horsley informed Council that she has requested a pager for herself this year. She
advised that she is waiting for analysis and may approach Council aiter the fiscal year with regard to
an amendment to the Assistant City Manager position.
Personnel/Risk Management
There was discussion between staff and Council concerning the use of recycling bins that have multi-
receptacles rather than a single unit. Councihnember Chavez requested recycling programs be printed
in Spanish as well as English. City Manager Horsley noted that the AB 939 Task Force also felt
recycling information should be printed in Spanish as well as English. She reported that Melody
Harris is doing a great job in Personnel Department.
Secretarial Po01
City Manager Horsley reported the budget request for a color printer would allow staffto develop
brochures in house. There was a brief discussion of the purchase of $12,000 copier and it was noted
the copier is used considerably.
Community Outreach/Public Information
City Manager Horsley discussed advertising, promotion, and the development of a Web page for
the City, with a budget request of $5,000. She discussed an alternative City logo as well as possibly
establishing a City flag. She discussed the promotional uses for a City flag. The development of a
Web page would be a joint effort between the City and the Chamber of Commerce. Considerable
discussion followed concerning the Web page layout and the information it would contain. It was
noted that the City has approval rights on the City/Chamber combined Web page.
There was discussion between staffand the Council concerning providing assistance for maintenance
work at the County Library as a non-monetary exchange although it was uncertain the impact it
would have on City staff. It was noted that the City does not provide maintenance to the library at
the present time. It was recommended that staff check the status of the long-term lease of the library.
Miscellaneous General Government
City Manager Horsley briefly discussed dues and subscriptions.
Franchise Fe~
City Manager Horsley distributed information to the Council concerning the possibility of a
Franchise Fee reduction. Discussion followed concerning the public's view on the matter, noting it
is not a tax, but a fee. It was noted that City Attorney Rapport has indicated the City is within their
rights. In comparison to P.G.&E., the City's electric rates are higher. City Manager Horsley
reportedly discussed the matter with Director of Public Utilities Barnes and was advised that even
if the Franchise Fee was reduced by 3%, we couldn't lower the utility rates.
Mayor Malone noted that this is his sixth City budget review and everything included in the budget
this year is very beneficial.
Budget Session - June 23-24, 1998
Page 6
Sc
ITEM NO.
DATE: SEPTEMBER 2, 1998
AGENDA SUMMARY REPORT
SUBJECT: REPORT ON TRAFFIC CALMING DEVICES ON FORD STREET AND
CLARA AVENUE
Submitted for the City Council's information is a follow-up report concerning the
traffic calming devices installed on Clara Avenue and Ford Street. Speed Surveys
were conducted by Staff during the month of July for the purpose of monitoring the
continued effectiveness of the traffic calming devices in the reduction of vehicle
speeds. As recommended during Staff's previous presentation to the City Council
regarding these devices, vehicle speeds were measured for each direction of travel in
the vicinity of the devices.
The recent speed survey indicates that at most study locations, the vehicle speeds
have increased slightly from those speeds observed in January of this year, however,
the new speed measurements are less than the vehicle speeds measured prior to the
installation of the devices. A comparison of the before and after 85th percentile
speed measurements are as follows:
CONTINUED ON PAGE 2
RECOMMENDED ACTION: Receive report and allow public input and comment at the
meeting and continue demonstration project.
ALTERNATIVE COUNCIL POLICY OPTIONS: Provide other direction to Staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Wagonseller Committee
City Council
Rick H. Kennedy, Director of Public Works/City Engineer
Candace Horsley, City Manager
1. Location map with speed result summaries.
Candace IV~
Horsley, City nager
R: 1 ~W:kk
ACALMING.CLA
85TH PERCENTILE SPEED IN M.P.H.
Location
Device
Before After
1994 01/98
Current Survey 7/98
Westbound Eastbound
Clara at Orchard Ave
Chicane &
traffic island
19.8 13.9
22.4
Clara at Sidnie
Traffic circle
30.9 25.6 29.8 27.8
Clara and Hamilton
None
30.6 31.8 30.8
Clara and Mason
Construction ---
(removed after 02/18/98)
26 26.7 26.8
Ford at Orchard Ave Traffic island
21.1 15.1 --- 15.5
Ford at Sidnie
Traffic circle 28.2 17.9 24.3 24.1
Ford and Myron
None --- 25.9 30.0 28.5
It is noted that for those intersections having traffic circles, the 85th percentile speed
is closer to the speed limit of 25 M.P.H. than the speeds measured at those
intersections which do not have traffic calming devices. The recent speed results at
Clara and Orchard Avenue are very surprising. It is difficult to imagine that the speed
of left turning vehicles from Orchard Avenue onto Clara have increased since the
installation of the traffic island. The island has restricted the width of the approach
requiring drivers to make a slow and deliberate left-turn. There is thought that the
data taker may have measured vehicles after the vehicle had completed the left-turn
and during its acceleration through the chicane. Overall, it is believed that the traffic
calming devices continue to effectuate a modest speed reduction.
The results of the current survey were presented to the Traffic Engineering Committee
and it is recommended that the City Council receive the report and take no action
concerning the devices at this time. it is recommended by the City Engineer that all
major street improvement projects budgeted for construction this fiscal year be
completed prior to obligating any funds for the construction of permanent traffic
circles at Orchard Avenue and Sidnie, and Ford and Sidnie.
As previously requested by the City Council, the traffic circles were painted white and
reflectorized.
R:I\PVV
ACALMING,CLA
85 th %
July 1998 EB 26.7
WB 26.8
Jan 1998 26.0
1994 ....
H~Mll.'ION
Jt
July 1998 EB 31.8
WB 30.8
Jan 1998 30.6 -
1994 ....
L . ·
$
glDNIE ST.
July 1998 EB 29.8
Jan 1998
1994
WB 27.8
25.6
30.9
85 th %
July 1998 EB 30.0
WB 28.5
Jan 1998 25.9
1994 ....
85 th %
July 1998 EB 24.3
WB 24.1
Jan 1998 17.9
1994 28.2
85 th %
July 1998 22.4
Jan 1998 13.9
1994 19.8
85 th %
.July1998 15.5
Jan 1998 15.1
1994 21.1
AGENDA
SUMMARY
8d
ITEM NO.
DATE: September 2, 1998
REPORT
SUBJECT:
AUTHORIZE THE CITY MANAGER TO SIGN CONTRACT WITH
SALVATION ARMY TO PROVIDE PROFESSIONAL SERVICES FOR THE
CITY LOW INCOME ASSISTANCE PROGRAMS
On June 3, 1998 Council approved the establishment of City of Ukiah Low Income
Emergency Assistance and Low Income Senior Citizen Assistance Programs. Funding
for these programs are to be provided by the City of Ukiah through the Public Benefits
Charge established by the Electric Deregulation Bill, AB1890.
The City of Ukiah Billing and Collection staff has experienced an effective and efficient
working relationship with the Salvation Army staff that currently administers the REACH
program. Attached for consideration, is the contract for the Salvation Army to provide
Professional Services to determine if City of Ukiah residents are eligibile for the city
funded programs. Additional details and guidelines for eligibility for each program are
provided in Attachment #1. Through this contract for services, the City would provide
financial assistance to Iow income households within the City of Ukiah who are
determined by the Salvation Army to meet the eligibility criteria outlined in the guidelines.
The current FY 1998/99 Electric Utility budget identifies $177,006 in the 806.3765.250
account providing for the expenditure of these funds through contractual services.
It is staff's recommendation to authorize the City Manager to sign the Professional
Services contract and allow implementation of these worthwhile assistance programs that
will benefit many citizens of the community.
RECOMMENDED ACTION: 1 .) Authorize the City Manager to sign the Professional Services
contract to allow the Salvation Army to provide eligibility determination for City funded Low
Income Emer~lency Assistance and Senior Citizen Low Income Assistance Rate.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Direct staff to modify the contract and authorize the City Manager to sign.
3. Do not authorize the City Manager to sign the Professional Services contract
with Salvation Army and take no action.
Acct. No. (if NOT budgeted): N/A Acct. No.: 806.3765.250
Appropriation Requested: N/A
Citizen Advised: N/A Requested by: ~
Prepared by: Patsy Archibald, Customer Service Supervisor~.,/;~l,,
Coordinated with' Candace Horsley, City Manager
Attachments: Contract for Professional Services; Assistance Program Descriptions
APPROVED:'.~,~ ~')/~x.,~o ,
Candace Horsley, City M~nager
PA: Iowincon.agn'98
PROFESSIONAL SERVICES CONTRACT
This Agreement is made and entered in Ukiah, California, on September 2, 1998, by
and between the Salvation Army ("Contractor"), and the City of Ukiah ("Ukiah"), a general law
municipal global corporation.
1. SERVICES PROVIDED BY CONTRACTOR.
Contractor shall provide the services as specified in the attached Program Descriptions
which are identified as Attachment #1 to this Agreement and incorporated herein by
reference. If any provision of this Agreement and the Program Descriptions are inconsistent
or conflict the provisions of the Agreement shall prevail:
1.1 Contractor shall provide the following services for the duration of this
Agreement:
a,
bo
Under the guidelines listed in Attachment #1, as they are written or
revised by the City of Ukiah, determine the eligibility for The Emergency
Low Income Assistance and Senior Citizen Low Income Assistance
Programs offered by the City's Public Utilities Department. Eligibility
determination shall include:
i. Interview applicants for City of Ukiah Low Income Assistance
Programs
ii. Require verification of eligibility including but not limited to income
of household, occupancy, age of eligible seniors, documented
evidence of any exception to guidelines.
Maintain records of all applicants regardless of their eligibility
Submit to City of Ukiah, written approval of eligible applicants
Submit to City of Ukiah, a summary of all applicants quarterly.
i. Summary of all applicants shall include a brief reason for rejection
of assistance to facilitate the possible development of future
additional programs, or expansion of the current Assistance
Programs.
1.2 Ukiah shall have the right at all reasonable times on reasonable notice to
Contractor to audit its books, records and accounts pertaining to the City of Ukiah Low
Income Assistance programs. Contractor shall maintain financial records sufficient according
to generally accepted accounting principles to permit an accurate assessment of its finances
and transactions. It shall maintain these records in a location reasonably accessible to Ukiah
and for a three (3) year period following each of the fiscal years that the records cover.
2. TIME OF PERFORMANCE.
Contractor shall provide the services as requested by Ukiah in accordance with a
schedule agreed upon as to each service requested.
3. TERM.
The term of this Agreement shall cover the period, beginning on September 2, 1998,
and ending on August 31, 2001, unless extended by mutual written agreement of the parties
or terminated as provided in paragraph 9.
4. COMPENSATION.
Ukiah shall pay Contractor in accordance with the program budget which is $35,000.00
for the life of this agreement and paid on a quarterly basis at a rate of $2,917.00.
Compensation shall be prorated from the effective date of contract through September 30,
1998 at the rate of $972.00 per month and thereafter quarterly payments will be made during
the months of October, January, April and July until the termination of the contract.
5. METHOD OF PAYMENT.
Billings and payments shall be made on a quarterly basis.
6. CONFIDENTIALITY.
Contractor hereby agrees that it, and its officers, agents and employees will not
disclose or make any other use of information about the business methods, operations, costs,
proposals, budgets, and projections of Ukiah or of any other information of a confidential
nature pertaining to Ukiah, without the prior written consent of the Finance Director.
7. INDEMNIFICATION AND INSURANCE.
7.1 Indemnification. Contractor shall indemnify and hold harmless Ukiah and its
officers, agents and employees from and against any claim, loss or damage, including the
legal and other costs of defending against any claim of damage or loss by third parties, which
rises out of the Contractor's performance under this Agreement, except for claims, losses or
damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah
or its officers, agents and employees.
7.2 Insurance. Contractor shall provide to the City of Ukiah proof of valid liability
insurance that meets City of Ukiah requirements.
8. OWNERSHIP AND RETURN OF DOCUMENTS AND EQUIPMENT.
Upon termination of Contractor's services to Ukiah under this Agreement, Contractor
agrees to return all written and other materials which are not matters of public record, and
equipment, furnished to it by Ukiah. Any documents, excluding curriculum materials, created
by Contractor as part of providing services under this Agreement shall be the property of
Ukiah and shall be furnished to Ukiah upon request.
9. TERMINATION.
This Agreement may only be terminated by Ukiah: 1) for breach of the agreement; 2)
because funds are no longer available to pay Contractor for services provided under this
Agreement; or 3) Ukiah has abandoned and does not wish to complete the project for which
Contractor was retained. Ukiah shall notify Contractor of any alleged breach of the
agreement and of the action required to cure the breach. If Contractor fails to cure the breach
within the time specified in the notice, the Agreement shall be terminated as of that time. If
terminated for lack of funds or abandonment of the project, the Agreement shall terminate on
the date notice of termination is given. Ukiah shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date. In such event, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports, excluding curriculum materials, prepared by the Contractor under
this Agreement shall, at the option of Ukiah, become its property and the Contractor shall be
entitled to receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages Ukiah may incur as a
result of Contractor's breach of contract. Contractor shall have the right to terminate this
Agreement on 60 days prior written notice to Ukiah. In the event of such termination, Ukiah
shall be entitled to reimbursement for any excess payments for services or to private
payments as appropriate.
10. MODIFICATION OF AGREEMENT.
Ukiah may, from time to time, request changes in the scope of the services of the
Contractor to be performed hereunder. Such changes, including any increase or decrease
in the amount of the Contractor's compensation, which are mutually agreed upon by and
between Ukiah and the Contractor, shall be incorporated in written amendments to this
Agreement. To be effective, all such changes as referred to in this section must be agreed
upon in writing by both parties to this Agreement.
11. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement, and shall not transfer
any interest in the same (whether by assignment or novation), without the prior written
consent of Ukiah. Contractor shall also obtain Ukiah's prior written approval of any significant
changes in Contractor's or employees who provide services under this Agreement or whose
services affect its performance under this Agreement.
12. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State and local rules, regulations
and guidelines not written into this Agreement shall hereby prevail during the period of this
Agreement.
13. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Contractor is an independent
contractor and not an employee, joint venturer, or partner of Ukiah for any purpose
whatsoever. Ukiah shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Contractor under this
Agreement, and the general public and all governmental agencies regulating such activity
shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in Ukiah have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement shall
be interpreted or construed as creating or establishing the relationship of employer and
employee between Contractor and Ukiah.
Contractor shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and pay
worker's compensation insurance, unemployment insurance and any other benefits required
by law for its employees. Contractor agrees to indemnify and hold Ukiah and its officers,
agents and employees harmless from and against any claims or demands by federal, state
or local government agencies for any such taxes or benefits due but not paid by Contractor,
including the legal costs associated with defending against any audit, claim, demand or law
suit.
Contractor warrants and represents that it is a properly licensed organization with a
substantial investment in its business and that it maintains its own offices and staff which it
will use in performing under this Agreement.
14. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any legal action concerning this Agreement must be filed and litigated in
the proper court in Mendocino County.
15. SEVERABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full
force and effect without being impaired or invalidated in any way.
16. INTEGRATION.
This Agreement contains the entire agreement amount the parties and supersedes all
prior and contemporaneous oral and written agreements, understandings, and
representations among the parties. No amendments to this Agreement shall be binding
unless executed in writing by all of the parties.
17. WAIVER.
No waiver of any of the provisions of this Agreement shall be deemed, or shall
constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.
No waiver shall be binding unless executed in writing by the party making the waiver.
18. NOTICES.
Whenever notice, payment or other communication is required or permitted under this
Agreement it shall be deemed to have been given when personally delivered or when
deposited in the United States mail with proper first class postage affixed thereto and
addressed as follows:
CONTRACTOR
UKIAH
Salvation Army
714 S. State St.
Ukiah, CA 95482
Finance Dept., Billing & Collection Div.
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
19. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience and reference only and
are not intended to define or limit the scope of this agreement.
20. DUPLICATE ORIGINALS.
This Agreement may be executed in one or more duplicate originals bearing the
original signature of both parties and when so executed any such duplicate original shall be
admissible as proof of the existence and terms of the Agreement between the parties.
WHEREFORE, the parties have entered this Agreement on the date first written above.
CONTRACTOR
UKIAH
By: By:
Title: Title:
PA:
Re ach. Agra
Attachment #1
EMERGENCY ASSISTANCE PROGRAM
This is a non-entitlement program providing emergency payment of household energy bills
for Iow income households within the City of Ukiah. Households having no alternative form
of assistance available to help them resolve their energy emergency and meet certain
assistance criteria which may be revised from time to time, may receive assistance to help
pay their City of Ukiah electric bills.
The eligibility determination office (R.E.A.C.H. office) will interview applicants and determine
their eligibility for assistance based on guidelines already in place:
.
.
3.
4.
5.
6.
7.
8.
They must first have had to make an effort to make payment arrangements with City
of Ukiah Customer Service Staff.
They have no alternative assistance available.
They must verify their income and meet the Federal Poverty Income Guidelines.
They must not be on subsidized housing.
They must have insufficient cash assets.
They are facing an energy emergency.
They are in hardship circumstances.
They can establish a plan to pay their future energy bills.
The City of Ukiah will establish the maximum amount of $200.00 to each household and
allow assistance to be granted once per year (the current allowance is once every 2 years).
Assistance will also be subject to the availibility of funds.
SENIOR CITIZEN ASSISTANCE PROGRAM
Low Income Seniors eligibility for the program would be determined by the eligibility
determination office (local R.E.A.C.H. office). Once their eligibility is established they will
receive a rebate on their electric rate which provides the first 50 KWH at no charge. All
monthly consumption above 50 KWH will continue to be billed at the regular rate. This rate
would not be retroactive and will continue only as long as there is funding available. The City
of Ukiah will review the criteria and rate periodically based on the availability of funds.
The guidelines for determining eligibility are:
.
2.
3.
4.
5.
They must be 62 years or older.
They must verify their income.
The total household income must meet the Federal Poverty Income Guidelines.
The services must be in the eligible senior citizen's name.
Eligibility must be renewed every year.
City of Ukiah
Low Income Assistance Programs
ATTACHMENT #1
Maximum Allowance
If a $300- maximum were in place, and $54,000 annually was devoted to the
program, 15 households per month could be helped, or 4 households weekly. Staff
recognizes that most potential applicants would not require the maximum allowance but
some would. If a household uses 1000 KWH of electric usage per month, the electric
portion of their bill is $141.39 at the current electric rate (with a 360 baseline) creating an
assistance benefit of $282.78 for two months of electric bills OR $131.55 (at 660 baseline)
monthly electric bill and an assistance benefit of $263.10. The "average" residential
household electric usage in the City of Ukiah is 460 KWH per month.
The City of Ukiah expects to assist a minimum of 45 households per quarter under the
Emergency Assistance Program and enroll a minimum of 30 Senior households per quarter
under the Senior Citizen Assistance Program.
EMERGENCY ASSISTANCE PROGRAM
The following set of circumstances may be taken into consideration to allow for energy
assistance as exceptions to the guidelines.
.
Applicant is unable to complete direct payment amortization to the City of Ukiah.
It is possible and acceptable that a customer will contact TSA (The Salvation Army)
prior to attempting payment arrangements with City of Ukiah Customer Service
Department.
.
No alternative assistance is available
a. Exception - If applicant has applied for HEAP but funds have not yet been
promised to the City of Ukiah, REACH may assist in their normal manner and
determine eligibility for the applicants' energy emergency.
b. If applicant has applied and qualified for ECIP, funds would be forthcoming
and City staff will hold the customer's account. TSA (The Salvation Army)
shall delay determination of eligibility for a 6 month period after application
date of ECIP.
.
Verification of income must meet the current Federal Poverty Income Guidelines for
all residents of the household
a. Exception - If the total net income of the household normally exceeds the
FPIG standard, but extenuating circumstances are present, TSA (The
Salvation Army) may determine a household eligible for assistance upon
verification of the following items including but not limited to:
i. Temporary Loss of Employment/Income of Primary and/or Secondary
Wage Earner
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ii.
Unexpected, uncovered Medical Expenses
Unexpected Funeral Expenses
Temporary Disability
Unexpected water heater/refrigeratodheater or other major household
repair or replacement is present
Applicant must not be residing in subsidized housing.
a. Exception - the applicant could qualify if:
All other criteria is met and circumstances like
Temporary loss or delay of income is present
Immediate family emergency is present such as:
i. Verification of responsibility of funeral expenses
ii. Verification of medical expenses not covered by insurance
iii. Unexpected repair of major household appliance or vehicle required
for employment
Applicant must possess insufficient cash assets
No Exceptions to this guideline is allowed
An energy emergency, such as a hardship situation, must be present.
a. Exceptions to this guideline include:
i. Unexpected repair or replacement of water heater/refrigerator or
heater that created an unusually high electric bill is present. This
customer could qualify for assistance without being on a Delinquent
or Final Notice.
A plan to pay their future energy bills must be completed
No Exceptions to this guideline is allowed
SENIOR CITIZEN ASSISTANCE PROGRAM
1. Applicant must be 62 years or older.
No exceptions to this guideline
2. Applicant must provide verification of income for all household members.
No exceptions to this guideline
3. The total household income must meet the Federal Poverty Income Guidelines.
No exceptions to this guideline
4. Utility services must be in the eligible senior citizen's name.
No exceptions to this guideline
5. Eligibility must be renewed each calendar year
No exceptions to this guideline
reachcon.wpd:PA'98
AGENDA
SUMMARY
ITEM NO.
DATE:
SEPTEMBER 2, 1998
REPORT
SUBJECT:
APPROVAL OF PARTNERSHIP BETWEEN THE CITY OF UKIAH AND UKIAH UNIFIED
SCHOOL DISTRICT FOR NEW SCHOOL AT MONTGOMERY WARDS SITE
Ukiah Unified School District Superintendent, Klm Logan, made a presentation to the City
Council at the August 19, 1998 City Council meeting, explaining that the Ukiah Valley is in
need of another elementary school. The School District has spent over a year examining
various possible sites. Due to the encouragement of several Councilmembers and Board of
Supervisors, along with community members, the School District has chosen the Montgomery
Wards building site on South State Street as their primary focus. The property presents
numerous challenges and the School District feels that the only way it can meet these
challenges is to engage partners within the community for the development and acquisition
of the property.
Ms. Logan then presented a request from the Board of Trustees of the Ukiah Unified School
District to enter into a partnership with the County of Mendocino and City of Ukiah. Ms.
Logan identified the steps for this partnership as follows: 1. Identify the partners.
2. Establish ground rules and the mission/purpose for the partnership.
3. Develop a plan for use of the property.
4.
Implement the plan and begin construction of the school in less than 4 years.
Other points of consideration include:
1. Assure the entities who join the partnership that they will have their needs
meet. Any financial contribution or decisions that impact the governing body
should be brought back to them for approval.
2. The partners will have the option to be released from their obligation as a
partner throughout the process. The School District will audit the effect of the
partnership on an annual basis to allow the partner to evaluate their position.
Ms. Logan will be returning to the Council at a future meeting to give more details on their
progress and needs. In the meantime, it is requested that the Council approve our
participation in the process to be a partner with the School District and County of Mendocino
in siting an elementary school at the Montgomery Wards site.
Details of our participation and determine of the extent of this participation will be determined
at future meetings.
RECOMMENDED ACTION: Approval of partnership with Ukiah Unified School District and
County of Mendocino for siting of the new elementary school at the Montgomery Wards site.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Candace Horsley, City Manager
Prepared by: Candace Horsley, City Manager
Coordinated with: Candace Horsley, City Manager
Attachments: N/A
APPROVED:
Candace Horsley,
R:I\CM:kk
AMONTGOMERY
Manager
9b
ITEM NO.
DATE: 09-02-98
AGENDA SUMMARY REPORT
SUBJECT:
ADOPT REVISION TO
RESOLUTION No. 73-$$,
ESTABLISHED UNIT"
EMPLOYER-EMPLOYEE RELATIONS
SECTION 12. "DECERTIFICATION OF
A request has been made by one of the Employee Units to revise Section 12A. of the
Employer-Employee Resolution (No. 73-55) to change the specified time period for
decertification of an established unit from the months of October or November of each year
to the two month period before start of negotiations for any individual Unit. This request,
as well as the proposed language amending the Resolution, was provided to all employee
Units and to Operating Engineers Local No. 3 on June 9 and August 12, 1998 for review
and comment. No negative responses were received on either occasion. Employer-
Employee Resolution No. 73-55 is attached in its entirety with a separate copy of Section
12 indicating the proposed revisions to text for your approval.
RECOMMENDED ACTION: Council to approve revisions to Section 12A. of Resolution
#73-55 as submitted and adopt Resolution.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Council to deny proposed revision to Section 12A. of Employer-Employee
Relations Resolution No. 73-55.
2. Council to deny proposed revision to Section 12A. and provide alternative
time period.
Acct. No. (if NOT budgeted):
Appropriation Requested:
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A Acct. No.: N/A
N/A (if budgeted)
N/A
Candace Horsley, City Manager
Melody Harris, Personnel Officer
Candace Horsley, City Manager
.
2.
3.
4.
5.
Employer-Employee Relations Resolution No. 73-55
Revised text for Section 12, Resolution No. 73-55
Resolution Amending Section 12A. of Res. No. 73-55
Memorandums to Unit Representatives dtd. 6/9/98 and 8/12/98
Letter from Operating Engineers Local Union No. 3 dtd.
candace-H~rsl(~y; Cit~
Manager
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RESOLUTION NO. 73-55
(Excerpt Only)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF UKIAH GOVERNING EMPLOYER-
EMPLOYEE RELATIONS
SECTION 12.
DECERTIFICATION OF ESTABLISHED UNIT
A) A Petition for Decertification alleging that an employee
organization granted formal recognition is no longer the majority
representative of the employees in an appropriate unit may be filed with the
Muncipal Employee Relations Officer """' ' "
,,, ,,y dunng th= '--'-'"" "' "'"'"'- ....
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The
Petition for Decertification may be filed by an employee, a group of
employees or their representative, or an employee organization. The
Petition, including all accompanying documents, shall be verified, under
oath, by the person signing it, that its contents are true. It may be
accompanied by a Petition for Recognition by a challenging organization.
The Petition for Decertification shall contain the following information:
(i) The name, address and telephone number of the petitioner
and a designated representative authorized to receive notices
or requests for further information.
(ii) The name of the formally recognized employee organization.
(iii) An allegation that the formally recognized employee
organization no longer represents a majority of the employees
in the appropriate unit, and any other relevant and material
facts.
(iv) Written proof that at least 30% of the employees in the unit do
not desire to be represented by the formally recognized
employee organization. Such written proof shall be dated
within six months of the date upon which the peition is filed
and shall be submitted for confirmation to the Municipal
Employee Relations Officer or to a mutually agreed upon
disinterested third party.
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(B) The Municipal Employee Relations officer shall arrange for a
secret ballot election conducted by the City Clerk to determine if the formally
recognized employee organization shall retain its recognition rights. The
forrn~ly recognized employee organization shall be decertified if a majority
of those casting valid ballots vote for decertification.
(C) There shall be no more than one valid decertification election
in the same ~nit in any 12 month period.
3:~oer~res73-55.rev
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH AMENDING SECTION 12A. OF
RESOLUTION NO. 73-55 GOVERNING
EMPLOYER-EMPLOYEE RELATIONS
WHEREAS, a request was made by an Employee Unit to revise
Section 12A. of Resolution No. 73-55 Governing Employer-Employee
Resolution to change the specified time period for decertification of an
established unit from the months of October or Novemb(ir of each year to the
sixty-day period before start of negotiations for any individual Unit; and
WHEREAS, this request and the proposed language amending
Section 12A. of Resolution No. 73-55 were reviewed and approved by all
City of Ukiah Unit Representatives and Operating Engineers Local No. 3.
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Ukiah hereby adopts the resolution amending Section 12A. of
Resolution No. 73-55 Governing Employer-Employee Resolution as follows:
SECTION 12.
DECERTIFICATION OF ESTABLISHED UNIT
A) A Petition for Decertification alleging that an employee
organization granted formal recognition is no longer the majority
representative of the employees in an appropriate unit may be filed with the
Municipal Employee Relations Officer only once in any calendar year and
only during the 60-day period prior to the commencement of negotiations for
any individual Unit. Negotiations shall be deemed to have commenced when
the bargaining unit initiates negotiations by communicating to the Municipal
Employee Relations Officer an opening offer or setting a date for the
purpose of negotiating an MOU on behalf of the unit members, provided the
bargaining unit diligently pursues negotiations in good faith thereafter. The
Petition for Decertification may be filed by an employee, a group of
employees or their representative, or an employee organization. The
Petition, including all accompanying documents, shall be verified, under
oath, by the person signing it, that its contents are true. It may be
accompanied by a Petition for Recognition by a challenging organization.
The Petition for Decertification shall contain the following information:
(i)
(ii)
The name, address and telephone number of the petitioner
and a designated representative authorized to receive notices
or requests for further information.
The name of the formally recognized employee organization.
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(iii) An allegation that the formally recognized employee
organization no longer represents a majority of the employees
in the appropriate unit, and any other relevant and material
facts.
(iv) Written proof that at least 30% of the employees in the unit do
not desire to be represented by the formally recognized
employee organization. Such written proof shall be dated
within six months of the date upon which the petition is filed
and shall be submitted for confirmation to the Municipal
Employee Relations Officer or to a mutually agreed upon
disinterested third party.
(B) The Municipal Employee Relations officer shall arrange for a
secret ballot election conducted by the City Clerk to determine if the formally
recognized employee organization shall retain its recognition rights. The
formally recognized employee organization shall be decertified if a majority
of those casting valid ballots vote for decertification.
(C) There shall be no more than one valid decertification election
in the same unit in any 12 month period.
PASSED AND ADOPTED this
following roll call vote:
day of September 1998 by the
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Sheridan Malone, Mayor
Marie Ulvila, City Clerk
3:~oer~ecert. res
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RESOLUTION NO. 73-55
A RESOLUTION OF THE COUNCIL OF THE
CITY OF UKIAH GOVERNING EMPLOYER-
EbIPLOYEE RELATIONS
Table of Contents
Title Page 1
Statement of Purpose 1
Definitions 1
Employee Rights 4
City Rights 4
Meet and Confer In Good Faith - Scope 4
Consultation in Good Faith - Scope 5
Advance Notice 5
Petition for Recognition 5
Recognition of Majority Representation - Formal Recognition 9
Appropriate Unit 10
Decertification of Established Unit 11
Modification of Established Unit 12
Duration of Formal Recognition 13
Cost of Election Proceedings 13
Impasses in Representation Proceedings 13
Dues Check-Off. 14
Reasonable Time Off To Meet And Confer 15
Access To Work Locations 16
Use Of City Facilities 16
Use Of Bulletin Boards 17
Availability of Data 18
Peaceful Performance Of City Services 19
Designation Of Municipal Employee Relations Officer 20
Resolution Of Impasses 20
Grievances 21
Memorandum Of Understanding 21
Construction 21
Separability 21
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SECTION 1. TITLE OF RESOLUTION
This resolution shall be known as the Employer-Employee Relations
Resolution of the City of Ukiah.
SECTION 2. STATEMENT OF PURPOSE
The purpose of this resolution is to implement Chapter 10 (1), Division 4,
Title 1, of the Government Code of the State of California (Sections 3500,
et seq.) captioned "Public Employee Organizations", by providing orderly pro-
cedures for resolving disputes regarding wages, hours, and other terms and
conditions of employment.
SECTION 3. DEFINITIONS
As used in this resolution, the following terms shall have the meanings
indicated:
(A) Appropriate Unit - means a unit established pursuant to Section 10
of this resolution.
(B) City - means the City of Ukiah, a municipal corporation, and where
appropriate herein, "City" refers to the City Council, the governing body of
..
said City, or any duly authorized management employee as herein defined;
(C) Consult or Consultation In Good Faith - means, to communicate
verbally or in writing for the purpose of presenting and obtaining views or
advising of intended actions.
(D) Employee - means any person regularly employed by the City except
those persons elected by popular vote.
(E) Employee~ Confidential - means an employee who is privy to decisions
of City management affecting employer-employee relations.
(F) Employee, Management - means any employee having significant re-
sponsibilities for formulating and administering City policies and programs.
(G) Employee~ ~rofessional - means employees engaged in work requiring
specialized knowledge and skills attained through completion ~f a recognized
course of instruction, including, but not limited to, attorneys, physicians,
(1)
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registered nurses, engineers, architects, teachers, and various types of
physical, chemical and biological scientists.
(H) Employee, Supervisory - means any employee, having authority to
exercise independent jud~nent and responsibility to direct other employees,
to recommend transfer, suspension, lay off, promotion, discharge, or discipline.
(I) ~mployee Organization - means any organization which includes employees
of the City and which has as one of its primary purposes representing such
employees in their employment relations with the City.
(J) Employer-Employee Relationp - means the relationship between the
City and its employees and their employee organization, or when used in a
general sense, the relationship between City management and employees or
employee organizations.
(K) Delete (K)
(1) Impasse - means (1) a deadlock in the annual (or periodic) dis-
cussions between a majority representative and the City over any matters con-
cerning which they are required to meet and confer in good faith, or over
the scope of such subject matter; or (2) any unresolved complaint by an
affected employee organization, advanced in good faith, concerning a
decision of the Municipal Employee Relations Officer made pursuant to
Sections 9, 10 or 11 of this Resolution.
(M) Majority Representative - means an employee organization, or its
duly authorized representative, that has been granted formal recognition by
the Municipal Employee Relations Officer as representing the majority of
employees in an appropriate unit.
(N) Mediation or Conciliation - means the efforts of an impartial third
person, or persons, functioning as intermediaries, to assist the parties in
reaching a voluntary resolution to an impasse, through interpretation,
suggestion and advice. Mediation and conciliation are interchangeable terms.
(O) Meet and Confer in Good Faith (sometimes referred to herein as
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"meet and confer" or "meeting and conferring") - means performance by duly
authorized representatives of an employee organization recognized as the
majority representative of their mutual obligation to meet at reasonable
times and to confer in good faith regarding matters within the scope of
representation including wages, hours, and other terms and conditions of
employment, in an effort to: (1) reach agreement on those matters within the
authority of such representatives and (2) reach agreement on what will be
recommended to the City Council on those matters within the decision making
authority of the City Council. This does not require either party to
agree to a proposal or to make a concession.
(P) MunicipaI Employee Relations Officer - means the City's principal
representative in all matters of employer-employee relations designated
pursuant to Section 12, or his duly authorized representative.
(Q) Resolution - means, unless the context indicates otherwise, the
Employer-Employee Relations Resolution of the City of Ukiah.
(R) Peace Officer - as this term is defined in Section 830'~ California
Penal Code.
(S) Recognized Employee Orsanizations - means an employee organization
which has been acknowledged by the Municipal Employee Relations Officer as
an employee organization that represents employees of the City. The rights
accompanying recognition are either:
(1) Formal Recognition - which is the right to meet and confer
in good faith as the majority representative in an appropriate
unit; or
(2) Informal Recognition - which is the right to consultation in
good faith by all recognized employee organizations.
(T) Days - means calendar days unless otherwise stated.
(U) Scope.o~ Representation - means all matters relating to employment
conditions and employer-employee relations, including, but not limited to,
(3)
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wages, hours and other terms and conditions of employment. City Rights
(Section 5) are excluded from the scope of representation.
SECTION 4. ~PLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate
in the activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee relations in-
cluding, but not limited to, wages, hours, and other terms and conditions of
employment. Employees of the City also shall have the right to refuse to join
or participate in the activities of employee organizations and shall have the
right to represent themselves individually in their employment relations with
the City. No employee shall be interfered with, intimidated, restrained,
coerced or discriminated against because of his exercise of these rights.
SECTION 5. CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive
right to determine the mission of its constituent departments, commissions
and boards; set standards of service; determine the procedures and
standards of selection for employment and promotion; direct its employees;
take disciplinary action; relieve its employees from duty because of lack of
work or for other legitimate reasons; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of job classifications;
take all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of
performing its work.
SECTION 6. MEET AND CONFER IN GOOD FAITH - SCOPE
(A) The City, through its representatives, shall meet and confer in good
faith with representatives of formally recognized employee organizations with
majority representation rights regarding matters 'Within the scope of repre-
sentation including wages, hours, and other terms and conditions of employment
within the appropriate unit.
(B) The City shall not be required to meet and confer in good faith on
any subject pre-empted by Federal or State law, nor shall it be required to
meet and Confer in good faith on Employee or City Rights as defined in Sections
(4)
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4 and 5. Proposed amendments to this resolution are excluded from the scope of
meeting and conferring.
SECTION 7. CONSULTATION IN GOOD FAITH - SCOPE
Ail matters affecting employer-employee relations, including those
that are not subject to meeting and conferring, are subject to consultation.
The City, through its representatives, shall consult in good faith with
representatives of all recognized employee organizations on employer-employee
relations matters which affect them.
SECTION 8. ADVANCE NOTICE
Reasonable written notice shall be given to each recognized employee
organization affected of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted
by the City Council or by any board or commission of the City, and each shall
be given the opportunity to meet with such body prior to adoption.
SECTION 9. PETITION FOR RECOGNITION
There are two levels of employee organization recognition - formal and
informal° The recognition requirements of each are set forth below.
(A) Formal Recosnition - The Rishts To Meet and Confer In Good Faith As
Majority Representative: An employee organization that seeks formal recogni-
tion for purposes of meeting and conferring in good faith as the majority
representative of employees in an appropriate unit shall file a petition with
the Municipal Employee Relations Officer containing the following information
and documentation:
(1) Name and address of the employee organization.
(2) Names and titles of its officers.
(3) Names of employee organization representatives who are authorized
to speak on behalf of its members.
(4) A statement that the employee organization has,'~as one of its
primary purposes, representing employees in their employment re-
(5)
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(5)
(6)
(7)
(8)
(9)
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(11)
lations with the City.
A statement whether the employee organization is a chapter or
local of, or affiliated directly or indirectly in any manner with,
a regional or state, or national or international organization, and,
if so, the name and address of each such regional, state or inter-
national organization.
Certified copies of the employee organization's constitution and
by-laws.
A designation of those persons, not exceeding two in number, and
their addresses, to whom notice sent by regular United States
mail will be deemed sufficient notice on the employee organization
for any purpose.
A statement that the employee organization recognizes that the
provisions of Section 923 of the Labor Code are not applicable to
City employees.
A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, or national origin.
The job classifications or titles of employees in the unit claimed
to be appropriate and the approximate number of member employees
tllerein.
A statement that the employee organization has in its possession
written proof that at least 30% of the employees in the unit
claimed to be appropriate have designated the employee organi-
zation to represent them in their employment relations with the
City; provided, however, the employee organization
may request that such written proof be submitted to a mutually
agree d upon disinterested third party. Upon receipt of the
Petition for Recognition, the Municipal Employe~ Relations
Officer shall determine whether:
(~) there has been compliance with the requirements of the
(6)
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Petition for Recognition, and
(ii) the proposed unit is an appropriate unit.
(12) A request that the Municipal Employee Relations Officer
recognize the employee organization as the majority repre-
sentative of the employees in the unit claimed to be appropriate
for the purpose of meeting and conferring in good faith on all
matters within the scope of representation.
If an affirmative determination is made by the Municipal Employee Relations
Officer on the foregoing two matters, he shall give notice of such request
for formal recognition to the employees in the unit and shall take no action
on said request for 30 days thereafter; if either of the foregoing matters
are not affirmatively determined, the Municipal Employee Relations Officer
shall inform the employee organization of the reasons therefor in writing.
Within 30 days of the date notice to employees is given, any other employee
organization (hereinafter referred to as the "challenging organization") may
seek formal recognition in an overlapping unit by filing a Petition for
Recognition, provided, however, such challenging organization must submit
written proof that it represents at least 30% of the employees in such unit.
The Municipal Employee Relations Officer shall hold a hearing on such over-
lapping Petitions, at which time all affected employee organizations shall
be heard. Thereafter, the Municipal Employee Relations Officer shall deter-
mine the appropriate unit or units as between such proposed overlapping units
in accordance with the criteria set forth in Sec~on 10 of the Resolution.
If the written proof submitted by the employee organization in the unit
found to be appropriate establishes that it represents more than 50% of the
employees in such unit, the Municipal Employee Relations Officer may, in his
discretion, grant formal recognition to such employee organization without a
secret ballot election, i
(7)
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When an employee organization in the unit found to be appropriate submits
written proof that it represents at least 30% of the employees in such unit,
and it does not qualify for or has not been granted recognition pursuant to
Sub-Section 3 above, the Municipal Employee Relations Officer shall arrange
for a secret ballot election to be conducted by the City Clerk. All challenging
organizations who have submitted written proof that they represent at least
10% of the employees in the unit found to be appropriate, and have submitted a
Petition for Recognition as required by Section 9 of the Resolution, shall
be included on the ballot. The choice of "no organization" shall also be
included on the ballot. Employees entitled to vote in such election shall be
those persons regularly employed in permanent positions within the unit who
were employed during the pay period immediately prior to the date which is 15
days before the election, including those who did not work during such period
because of illness, vacation or authorized leaves of absence and who are
employed by the City in the same unit on the date of the election. An employee
organization shall be granted formal recognition following an election or
run-off election if:
(i) That employee organization has received the vote of a numerical
majority of all the employees eligible to vote in the unit in which
the election is held (i.e., 50% plus 1 of the votes of all eligible
employees), or
(ii) at least 60% of the total number of employees in the unit eligible
to vote have voted in the election or run-off election, and an
employee organization receives a numerical majority of all votes
cast in the election (i.e., 50% of the votes cast plus 1).
(For example: If 100 employees are eligible to vote in an election,
but only 59 actually vote, an employee organization must obtain 51
votes for formal recognition. If 90Uemployees vote, an employee
organization must receive at least 46 votes for formal recognition.)
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(iii) in an election involving three or more choices, where none of the
choices receives a majority of the valid votes cast, a run-off
election shall be conducted between the two choices receiving the
largest number of valid votes cast. The rules governing an initial
election shall also apply to a run-off election.
There shall be no more than one valid election in a 12 month period within
the same unit.
SECTION 10. RECOGNITION OF MAJORITY REPRESENTATIVE - FORMAL RECOGNITION
(A) The employee organization found to represent a majority of the
employees in an appropriate unit shall be granted formal recognition and
is the only employee organization entitled to meet and confer in good
faith on matters within the scope of representation for employees in such
unit. This shall not preclude other recognized employee organizations, or
individual employees, from consulting with management representatives on employer-
employee relations matters of concern to them.
(B) INFOM~AL RECOGNITION - THE RIGHT TO CONSULT IN GOOD FAITH: An
employee organization that seeks recognition for purposes of consultation in
good faith shall file a petition with the Municipal Employee Relations Officer
containing the following information and documentation:
(1) All of the information enumerated in (A) (1) through (9) of
this Section inclusive.
(2) A statement that the employee organization has in its possession
written proof, dated within six months of the date upon which
the. petition is filed, to establish that employees have designated
the employee organization to represent them in their employment
relations with the City. Such written proof shall be submitted
for confirmation to the Municipal Employee Relations Officer
or to a mutually agreed upon disinterested third party.
(9)
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(3) A request that the Municipal Employee Relations Officer recognize
the employee organization for the purpose of consultation in
good faith.
(C) The petition, including all accompanying documents, shall be verified,
under oath, by the Executive Officer and Secretary of the organization that the
statements are true. All changes in such information shall be filed forthwith
in like manner.
(D) The Municipal Employee Relations Officer may grant recognition, in
writing, to all employee organizations who have complied with Section 9 (A) or
(B) and (C), for purposes of consultation in good faith for its members. Employee
organizations seeking formal recognition as majority representative must, in
addition, satisfy the requirements of Section ll(A)(1) below. No employee may
be represented by more than one recognized employee organization for the pur-
poses of this resolution.
SECTION 11. APPROPRIATE UNIT
(A) The Municipal Employee Relations Officer, after reviewing the
petition filed by an employee organization seeking formal recognition as
majority representative, shall determine whether the proposed unit is an
appropriate unit. The principal criterion in making this determination is
whether there is a community of interest among such employees. The follow-
ing factors, among others, are to be considered in making such determination:
(1) Which unit will assure employees the fullest freedom in the
exercise of rights set forth under this resolution.
(2) The history of employee relations: (i) in the unit; (ii) among
other employees of the City; and (iii) in similar public
employment.
(3) The effect of the unit on the efficient operation of the City and
sound employer-employee relations.
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(4) The extent to which employees have common skills, working con-
ditions, job duties or similar educational requirements.
(5) The effect on the existing classification structure of dividing
a single classification among two or more units.
Provided, however, no unit shall be established solely on the basis of the
extent to which employees in the proposed unit have organized.
(B) In the establishment of appropriate units (1) professional employees
shall not be denied the right to be represented separately from non-professional
employees; and (2) Supervisory, management or confidential employees shall not
be included in the same unit with non-supervisory, non-management or non-
confidential employees for purposes of meeting and conferring, nor may they
represent such employees on matters within the scope of representation,
however they may belong to such units for other purposes.
(C) The recognition rights of the majority representative designated in
accordance with this Section shall not be subject to challenge by any other
employee organization for a period of twelve months following the date of
such recognition.
SECTION 12. DECERTIFICATION OF ESTABLISHED UNIT
(A) A Petition for Decertification alleging that an employee organiza-
tion granted formal recognition is no longer the majority representative of
the employees in an appropriate unit may be filed with the Municipal Employee
Relations Officer only during the months of October or November of each year
following the first full year of formal recognition (e.g., for an employee
organization granted formal recognition between December 1, 1968 and September
30, 1969 a Petition for Decertification could not be filed until October,
1970). The Petition for Decertification may be filed by an employee, a
group of employees or their representative, or an employee organization.
The Petition, including all accompanying documents, shall be verified, under
oath, by the person signing it, that its contents are true. It may be
accompanied by a Petition for Recognition by a challenging organization. The
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Petition for Decertification shall contain the following information:
(i) The name, address and telephone number of the petitioner and
a designated representative authorized to receive notices or
requests for further information.
(ii) The name of the formally recognized employee organization.
(iii) An allegation that the formally recognized employee organization
no longer represents a majority of the employees in the appropriate
unit, and any other relevant and material facts.
(iv) Written proof that at least 30% of the employees in the unit do not
desire to be represented by the formally recognized employee
organization. Such written proof shall be dated within six
months of the date upon which the petition is filed and shall
be submitted for confirmation to the Municipal Employee Relations
Officer or to a mutually agreed upon disinterested third party.
(B) The Municipal Employee Relations Officer shall arrange for a secret
ballot election conducted by the City Clerk to determine if the formally recog-
nized employee organization shall retain its recognition rights. The formally
recognized employee organization shall be decertified if a majority of those
casting valid ballots vote for decertification.
(C) There shall be no more than one valid decertification election in the
same unit in any 12 month period.
SECTION 13. MODIFICATION OF ESTABLISHED UNIT
A Petition for Modification of an established unit may be filed by an
employee organization with the Municipal Employee Relations Officer during the
period forfiling a Petition for Decertification. The Petition for Modification
shall contain all of the information set forth in Section 9(A) of the
Resolution, along with a statement of all relevant facts in support of the
proposed modified unit. The Petition shall be accompanied by ~ritten proof
that at least 50% of the employees within the proposed modified unit have
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designated the employee organization to represent them in their employment
relations with the City; provided, however, the employee organization may re-
quest that such written proof be submitted to a mutually agreed upon dis-
interested third party. The Municipal Employee Relations Officer shall hold
a hearing on the Petition for Modification, at which time all affected employee
organizations shall be heard. Thereafter, the Municipal Employee Relations
Officer shall determine the appropriate unit or units as between the exist-
ing unit and the proposed modified unit. If the Municipal Employee Relations
Officer determines that the proposed modified unit is the appropriate unit,
then he shall follow the procedures set forth in Section nine (9) for determining
formal recognition rights in such unit.
SECTION 14. DURATION OF FORM_AL RECOGNITION
When an employee organization has been formally recognized, such re-
cognition shall remain in effect for one year from the date thereof and
thereafter until such time as the Municipal Employee Relations Officer shall
determine, on the basis of a secret ballot election conducted in accordance
with the foregoing rules, that the formally recognized employee organization
no longer represents a majority of the employees in the appropriate unit or
until such time as the unit may be modified as provided in Sub-Section (C).
SECTION 15. COST OF ELECTION PROCEEDINGS
The cost of any election proceeding shall be borne by the employee
organization or organizations whose name(s) appear on the ballot.
SECTION 16. IMPASSES IN REPRESENTATION PROCEEDINGS
Any unresolved complaint by an affected employee organization, advanced
in good faith, concerning a decision of the Municipal Employee Relations
Officer made pursuant to Section 10 of this resolution shall be processed
in accordance with the procedures set forth in Section 25 of the Resolution.
Provided, however, the written request for an impasse meeting, as described
in Section 25 of the Resolution, must be filed with the Municipal Employee
Relations Officer, or the City Clerk, with~7days after the
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affected employee organization first receives notice of the decision upon which
its complaint is based, or its complaint will be considered closed and not
subject to the impasse procedures or to any other appeal.
SECTION 17. DUES CIlECK-OFF
Only a formally recognized employee organization (i.e., the majority
representatives of employees in an appropriate unit) may be granted permission
by the Municipal Employee Relations Officer to have the regular dues of its
members deducted from their paychecks, in accordance with procedures pre-
scribed by the Municipal Employee Relations Officer. Provided, however, this
shall not preclude the continuation of dues check-off heretofore granted to
any employee organization.
Dues deduction shall be for a specified amount and shall be made only
upon the voluntary written authorization of the member. Dues deduction
authorization may be cancelled and the dues check-off payroll discontinued at
any time by the member upon voluntary written notice to the Municipal Employee
Relations Officer. Dues deduction authorization or cancellation shall be made
upon cards provided by the Municipal Employee Relations Officer. Dues
deduction may be continued only upon voluntary written authorization of the
member for a period of time not to exceed one year. Employee payroll deduction
authorizations shall be in uniform amounts for dues deductions.
The employee's earnings must b~ ~~.[~'~'~'~-,~'sufficient after other legal
and required deductions are made to cover the amount of the dues check-off
authorized° When a member in good standing of the formally recognized employee
organization is in a nonpay status for an entire pay period, no dues withholding
will be made to Cover that pay period from future earnings nor will the member
deposit the amount with the City which would have been withheld if the member
had been in a pay status during that period. In the case of an employee who
is in a nonpay status during only a part of the pay period and~ the salary is
not sufficient to cover the full withholding, no deduction shall be made.
In this connection, all other legal and required deductions have priority over
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employee organization dues.
Any employee organization recognized after the adoption of this resolution
and for whom dues are deducted shall pay to the City, upon the written demand
of the City, a service charge of five cents (5~) per name per month, but in no
event not more than five percent (5%) of the dues.
Dues withheld by the City shall be transmitted to the officer designated
in writing by the employee organization as the person authorized to receive
such funds, at tile address specified.
All employee organizations who receive dues check-off shall indemnify
defend, and hold the City of Ukiah harmless against any claims made and
against any suit instituted against the City of [kiah on account of check-off
of employee organization dues. In addition, all such employee organizations
shall refund to the City of Ukiah any amounts paid to it in error upon
presentation of supporting evidence. Any employee organization recognized
after the adoption of this resolution shall use the following dues authoriza-
tion provision.
DUES AUTtIORIZATION PROVISION
I hereby authorize and direct the Municipal Employee Relations Officer
of the City of Ukiah to make a payroll deduction from my earnings, once each
month, for my formally recognized employee organization dues in the amount of
$ , the same to be paid to the (name of formally recognized employee
organization). This authorization may be cancelled and the payroll deduction
discontinued at any time upon written notice to the Municipal Employee
Relations Officer. Authorization for this payroll deduction will expire
(date).. (Renewal for one year of authorization to deduct dues may be made
during month preceding expiration of current authorization.)
First deduction to be made on the payroll for the payroll period ending ~date).
Effective Date Signature of Employee
SECTION 18. REASONABLE TIME OFF TO MEET AND CONFER
The formally recognized employee organization may select not more than
three~nPl~ee members of such organization to attend scheduled meetings with
the Municipal Employee Relations Officer or other management officials on
subjects within the scope of representation during regular work hours without
loss of compensation. Where circumstances warrant, the Municipal Employee
Relations Officer may approve the attendance at such meetings of additional
employee representatives with or without loss ot compensation. The employee
organization shall, whenever practicable, submit the names of all such
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employee representatives to the Municipal Employee Relations Officer at
least two working days in advance of such meetings. Provided, further:
(1) that no employee representative shall leave his or her duty or
work station or assignment without specific approval of the
department head or other authorized City management official.
(2) that any such meeting is subject to scheduling by City manage-
ment in a manner consistent with operation needs and work schedules.
Nothing provided herein, however, shall limit or restrict City manage-
ment from scheduling such meetings before or after regular duty or work
hours under appropriate circumstances.
SECTION 19. ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted officers of
recognized employee organizations and their officially designated representa-
tives, for the purpose of processing grievances or contacting members of the
organization concerning business within the scope of representation. Such
officers or representatives shall not enter any work location without the
consent of the Department Head or the Municipal Employee Relations Officer.
Access shall be restricted so as not to interfere with the normal operations
of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal
management of an employee organization, such as collecting dues, holding
membership meetings, campaigning for office, conducting elections and
distributing literature, shall not be conducted during working hours.
SECTION 20. USE OF CITY FACILITIES
Employee organizations may, with the prior approval of the Municipal
Employee Relations Officer, be granted the use of City facilities during
non-work hours for meetings of City employees provided space is available,
and provided further such meetings are not used for organizational activities
or membership drives of City employees. Ail such requests shall be in
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writing and shall state the purpose or purposes of the meeting. A copy of the
meeting agenda shall be furnished to the Municipal Employee Relations Officer
as soon as it is available, but in no event less than 24 hours prior to such
meeting. The City reserves the right to assess reasonable charges for the
use of such facilities.
The use of City equipment other than items normally used in the conduct
of business meetings, such as desks, chairs, ashtrays, and blackboards, is
strictly prohitbited, the presence of such equipment in approved City facilities
notwithstanding.
SECTION 21. USE OF BULLETIN BOARDS
Recognized employee organizations may use portions of City bulletin
boards under the following conditions:
(1) All materials must receive the approval of the Director of
Personnel in charge of the departmental bulletin board.
(2) Ail materials must be dated and must identify the organization
that published them.
(3) The actual posting of materials will be done by the City as soon
as possible after they have been approved. Unless special arrange-
ments are made, materials posted will be removed 31 days after the
publication date. Materials which the department head considers
objectionable will not be posted, provided, however, the depart-
ment head shall first discuss this denial with the chief executive
officer.
(4) The City reserves the right to determine where bulletin boards shall
be placed and what portion of them are to be allocated to employee
organizations materials.
(5) An employee organization that does not abide by these rules will
forfeit its right to have materials posted on City;bulletin boards.
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SECTION 22. AVAILABILITY OF DATA
The City will make available to employee qrganizations such non-confidential
information pertaining to employement relations as is contained in the public
records of the agency, subject to the limitations and conditions set forth
in this rule and Government Code Sections 6250 through 6260.
Such information shall be made available during regular office hours
in accordance with the City's rules and procedures for making public records
available and after payment of reasonable costs, where applicable.
Information which shall be made available to employee organizations
includes regularly published data covering subjects under discussion. Data
collected on a promise to keep its source confidential may be made available
in statistical summaries, but shall not be made available in such form as to
disclose the source.
Nothing in this rule shall be construed to require disclosure of records
that are:
(1) Personnel, medical and similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy or
be contrary to merit system principles;
(2) Working papers or memoranda which are not retained in the ordinary
course of business or any records where the public interest served
by not making the record available clearly outweighs the public
interest served by disclosure of the record;
(3) Records pertaining to pending litigations to which the City is a
party, or to claims or appeals which have not been settled;
(4) Nothing in this rule shall be construed as requiring the City to do
research for an inquirer or to do programming or assemble data in a
manner other than usually done by the agency.
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SECTION 23. PEACEFUL PERFOM~ANCE OF CITY SERVICES
Participation by any employee in a strike or work stoppage is unlawful
and shall subject the employee to disciplinary action, up to and including
discharge.
No employee organization, its representatives, or members shall engage
in, cause, instigate, encourage, or condone a strike or work stoppage of any
kind.
If a recognized employee organization, its representatives, or members
engage in, cause, instigate, encourage, or condone a strike or a work stoppage
of any kind, in addition to any other lawful remedies or disciplinary actions,
the Municipal Employee Relations Officer may suspend or revoke the recognition
granted to such employee organization, may suspend or cancel any or all payroll
deductions payable to such organization, and prohibit the use of bulletin
boards, prohibit the use of City facilities, and prohibit access to former
work or duty stations by such organization.
As used in this Section "strike or work stoppage" means the concerted
failure to report for duty, the willful absence from one's position, the stoppage
of work, or the abstinence in whole or in part from the full, faithful per-
formance of the duties of employment for the purpose of inducing, influencing,
or coercing a change in the conditions of compensation, or the rights, privileges
or obligations of employment.
Any decision of the Municipal Employee Relations Officer made under the
provisions of this Section may be appealed to the City Council by filing a
written Notice of Appeal with the Municipal Employee Relations Officer or the
City Clerk, accompanied by a complete statement setting forth all of the
grounds upon which the appeal is based. Such Notice of Appeal must be filed
within 7 days after the affected employee organization first receives notice of
the decision upon which its complaint is based, or its complaint will be con-
sidered closed and not subject to any other appeal.
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SECTION ~4.. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER
The City Council hereby designates the City Manager as the Municipal
Employee Relations Officer who shall be the City's principal representative in
all matters of employer-employee relations, with authority to meet and confer
in good faith on matters within the scope of representation including wages,
hours and other terms and conditions of employment.
The Municipal Employee Relations Officer so designated is authorized to
delegate these duties and responsibilities.
SECTION 25. RESOLUTION OF IMPASSES
Impasse procedures may be invoked only after the possibility of
settlement by direct discussion has been exhausted.
The impasse procedures are as follows:
(A) Mediation (Or Conciliation~ (Defined in Section 3-N) - All mediation
proceedings shall be private. The Mediator shall make no public
recommendations nor take any public position concerning the issues.
(B)A Determination By The City Council - after a hearing on the merits
of the dispute.
(C) Any other dispute resolving procedures to which the parties mutually
agree or which the City Council may order.
Any party may initiate the impasse procedure by filing with the other party
(or parties) affected a written request for an impasse meeting together with
a statement of its position on all disputed issues. An impasse meeting shall
then be scheduled by the Municipal Employee Relations Officer forthwith after
the date of filing of the written request for such meeting, with written notice
to all parties affected. The purpose of such impasse meeting is twofold;
(1) To permit a review of the position of all parties in a final effort to reach
agreement on the disputed issues, and (2) if agreement is not concluded, to
mutually select the specific impasse procedure to which the d~spute shall be
submitted; in the absence of agreement between the parties on this point, the
matter shall be referred to the City Council.
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The fees and expenses, if any, of mediators or of any impasse procedure,
shall be payable one-half by the City and one-half by the employee organization
or employee organizations.
SECTION 26. (Deleted).
SECTION 27. MEMORANDUM OF UNDERSTANDING
When the meeting and conferring process is concluded between the City and
a formally recognized employee organization representing a majority of the
employees in an appropriate unit, all agreed upon matters shall be incorporated
in a written memorandum of understanding signed by the duly authorized City
and majority representatives.
As to those matters within the authority of the City Council, the
memorandum of understanding shall be submitted to the City Council for
determination.
SECTION 28. CONSTRUCTION
(A) Nothing in this resolution shall be construed to deny any person
or employee the rights granted by Federal and State laws.
(B) The rights, powers and authority of the City Council in all matters,
including the right to maintain any legal action, shall not be modified or
restricted by this resolution.
(C) The provisions of this resolution are not intended to conflict
with the provisions of Chapter 10, Division 4, Title 1 of the Government Code
of the State of California (Sections 3500, et. seq.) as amended in 1968.
SECTION 29. SEPARABILITY
If any provision of this resolution, or the application of such provision
to any person or circumstance, shall be held invalid, the remainder of this
resolution, or the application of such provision to persons or circumstances
other than those as to which it is held invalid, shall not be affected thereby.
(21)
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I hereby certify that the foregoing is a full, true and correct copy
of a resolution duly and regularly adopted by the City Council of the City
of Ukiah, at a meeting thereof held on the ]~h day of June
19?3three Councilmen being present and voting in favor thereof.
APPROVED
Mayor
City M~nag'er I
(22)
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
August 12, 1998
All City of Ukiah Unit Representatives
Candace Horsley, City Manager ~
Proposed Revision to Employee/Employer Relations Ordinance
In a recent memo to all the Units I passed on a request from one of our Unit Reps to change the time
period for decertification. As indicated in the attached letter, the Operating Engineers Representative
has suggested a new time frame which would encompass the two month period before start of
negotiations for any individual Unit. I have no problem with this suggestion and endorse this
proposal. This will allow greater flexibility for all Units without changing any rights or due process
for employees.
Please consider this policy as soon as possible. The Unit requesting this change needs to make this
decision within the next several weeks. IfI have not heard from you by Wednesday, August 19,
1998, I will assume you do not have concerns with this revision.
CH:mh
C: Chuck Smith, Operating Engineers Local No. 3
88/11/1998 14:44 9167431613 IUOE LOCAL ~3 PAGE el
OPERATING ENGINEERS LOCAL UNION NO. 3
1620 SOUTH LOOP ROAD, ALAMEDA, CA 94502-7090 · (S10) 748.7400 · FAX: (S10) 748-7401
Jurisdiction: Northern California, Northern Nevada, Utah, Hawaii and Idld-Pacific Illands
__
I
August 11, 1998
1010 1 Street
Marysville, CA 95901
Candace Horsley, City Manager
300 Seminary Ave
Ukiah, CA 95482-$400
Regarding the proposed change in the Employee'/Employer Relatiom ordinance:
Operating Engineers Local #3 has no objection to a ~c that allows a unit to conduct a
decertification election within 60 days of the end of the contract period. A shorter window
period of 30 days is more common, but 60 days is not uncommon.
Our original objection to a change that would allow an election to be conducted once
each calendar year at any time of the year remains.
Chuck Smith
Business Agent
cc: Robert Mueller, Operating Engineers
MEMORANDUM
DATE: June 9, 1998
TO:
City of Ukiah Unit Representatives
FROM:
Candace Horsley, City Manager
SUBJECT:
Proposed Revision to Section 12(A) of Employer-Employee Relations
Resolution (#73-55)
A request has been made by an employee unit that a revision be made to the Employer-Employee
Resolution regarding the specified times of the year that a Petition for Decertification can be made.
This revision will provide more flexibility to the employees when decert~g. The current language
in Resolution 73-55, Section 12 (A) states:
"A Petition for Decertification alleging that an employee organization granted formal
recognition is no longer the majority representative of the employees in an appropriate
unit may be filed with the Municipal Employee Relations Officer only during the
months of October or November of each year following the firstfullyear of formal
recognition ..."
The purpose of this memo is to propose the following language to each of the units which would
allow a Petition for Decenification one time during the year, without restricting it to certain months.
The language I am proposing would replace the first eight lines of Section 12(A) as follows:
"A Petition for Decenification alleging that an employee organization granted formal
recognition is no longer the majority representative of the employees in an appropriate
unit may be filed with the Municipal Employee Relations Officer only once in any
calendar year and not a/ter contract negotiations with the challenged bargaining unit
have commenced or before such negotiations are concluded by the approval of an
MOU or a City Council action rejecting the bargaining unit's last, best offer and
declaring an impasse. Negotiations shall be deemed to have commenced when the
bargaining unit initiates negotiations by communicating to the Municipal Employee
Relations Officer an opening offer or setting a date for the purpose of negotiating an
MOU on behalf&the unit members, provided the bargaining unit diligently pursues
negotiations in good faith thereaRer. (Remaining language unchanged)
I would appreciate your cormrems on the proposed language. If it is agreed upon by all units it will
then be taken to the City Council for approval.
Please respond to me, or to Melody Harris, Personnel Officer, by 5:00 p.m. on June 23, 1998 with
any comments or concerns. I will otherwise plan to proceed to Council for approval to amend
Section 12(A) of Resolution 73-55 with the language as proposed.
CH:mh
3:MO~REV
AGENDA
SUMMARY
ITEM NO. 9c
DATE: SEPTEMBER 2, 1990
REPORT
SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING CITY OF UKIAH BILLING
DISPUTE POLICY
Chapter 7, Article 3, Section 4034 of the City of Ukiah Municipal Code, titled "Electric
Utility Customer Service Policies," discusses the issue of disputed bills. Item A under this
section states "if a customer questions or disputes a bill, the City will respond in
accordance with the procedure adopted by City Council resolution. If the bill is determined
to be incorrect, the City will issue a corrected bill." (See Attachment "A".)
The resolution describing the policy and procedure for adjusting disputed utility bills has
never been adopted by the City Council. Though adjustments to bills for some situations
are covered by other code sections, Staff occasionally experiences circumstances that
require bill adjustments that are not covered under these other sections. Under these
situations, staff must direct the customer to fill out and submit a claim form which goes to
the City Council for rejection. This is an unnecessary and prolonged approach for
correction of the problem, in which the customer is inconveniently affected.
An example of when the attached policies and procedures would be necessary would
include situations where a meter is replaced and later that month, the customer contacts
the City to report an unusually high bill for the preceding month. If a reason for the extra
usage cannot be determined, and since the meter has been changed after the questioned
bill period, there is now no way to verify the meter reading. Staff should have the ability
to adjust the bill to the normal average usage rate. Other examples include situations
(Continued on Page 2)
RECOMMENDED ACTION: Council adopt Resolution Establishing City of Ukiah Billing
Dispute Policy.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Revise resolution.
2. Do not adopt resolution.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Candace Horsley, City Manager
Candace Horsley, City Manager
Patsy Archibald, Customer Service Supervisor
1. Chapter 7, Article 3, of the City of Ukiah Code.
2. Resolution Establishing Policy and Procedure for Adjusting
Utility Bills.
- y,-Cit~Manager
4:Can:Billing.08
where the customer is not responsible for a mistake or error in billing calculations, and
even though corrects the bill, adoption of the resolution is needed to formalize the
authority to do so.
This and other such circumstances require immediate customer response and yet staff is
not allowed to make the necessary adjustments under the current restrictions. When we
receive questions on utility bills, there are several steps Billing/Collection take to respond
to the customer which include, but are not limited to'
,
Asking the customer a series of questions to help determine a clear picture
of what the problem is and how changes in lifestyle or business practices
may have contributed to the higher energy use.
.
Sending energy conservation information showing typical costs associated
with appliance uses that could assist them with prioritizing energy use in the
future.
.
Directing Meter Attendant personnel to validate meter readings and/or
calibrating the meter if necessary.
.
Offering to make payment arrangements over a period of time.
5. Suggesting alternative resources for utility payment assistance.
Though adjustments to disputed bills are not an everyday occurrence, as evidenced by the
examples given above, there is a need to occasionally adjust bills depending upon the
circumstances. Since a resolution was never adopted by Council as required by ordinance
to establish the policy and procedure for adjustment of utility bills, it is requested that
Council adopt the attached resolution to allow the flexibility of the Billing and Collections
Department to meet the needs of our customers.
§4O3O §4031
CHAPTER 7
ELECTRIC UTILITY CUSTOMER SERVICE POLICIES
ARTICLE 3. BILLING AND COLLECTION
SECTION:
§4030:
§4031:
§4032:
§4033:
§4034:
§4035:
§4036:
§4037:
§4038:
§4039:
§4040:
Applicable Rate Schedule Adoption by Resolution
Billing Period
Meter Readings
Payment of Bills
Disputed Bills/Correctness of Bills
Collection of Bills
Collection of Delinquent Accounts
Returned Checks
Closing Bills
Service Charges
After Hours Connection Service
§4030' APPLICABLE RATE SCHEDULE ADOPTION BY RESOLUTION: The City
Council may, by resolution, adopt and from time to time modify, amend or
repeal any of the rates, fees or service charges to be levied, assessed, charged and
collected for electric service. Applicable rate, fees and charge schedules shall be
maintained in sufficient quantity for distribution to electric customers upon request. (Ord.
957, §1, adopted 1995)
§4031: BILLING PERIOD:
Ao
Bills for electric service will be rendered monthly or by cycle billing based on
geographical areas as otherwise provided in the rate schedules.
Bo
If service is connected less than ten (10) days before the route reading date, a
separate bill for this period will not be rendered, but these readings will be
included with the readings of the next regular billing. (Ord. 957, §1, adopted 1995)
6/95
4138
§4O32 §4O35
§4032' METER READINGS:
A,
Meters will be read at regular intervals for the preparation of regular bills and as
required for the preparation of opening bills, closing bills, and special bills.
Bo
The City will, as nearly as possible, read meters on the same cycle date, but
because of holidays, Saturdays, Sundays, and the difference in the length of
months, a five (5) day variation may occur.
C,
If for any reason a reading cannot be obtained for any particular period, the billing
shall be based on an estimate of energy use and demand. It will be subject to later
correction based on the next actual reading(s). The City will not estimate usage
more than three (3) consecutive times. If the reading constraints are not removed,
the City may discontinue service. (Ord. 957, §1, adopted 1995)
§4033' PAYMENT OF BILLS:
A.
Bills are due and payable on presentation, and payment shall be made at the
City's office or to an authorized collector. Failure of the customer to receive a bill
will not release the customer from liability for payment.
B,
By resolution, the City Council may establish policies for extended payment terms
for customers who experience financial hardship. (Ord. 957, §1, adopted 1995)
~ DISPUTED BILLS/CORRECTNESS OF BILLS:
,.~__~. ~ If a customer questions or disputes a bill, the City will respond in accordance with
the procedure adopted by City Council resolution. If the bill is determined to be
incorrect, the City will issue a corrected bill.
Bo
Except as provided in Section 4049 of this Chapter, if billing has been made based
on incorrect information, the City shall issue a corrected bill. If an overcharge has
occurred, the City shall issue a refund based on the corrected information, not
exceeding six (6) months. If an undercharge has occurred, the City shall render a
bill, based on the corrected information, not exceeding three (3) months, unless it
can be shown that the error was due to some cause, the date of which can be
fixed. In this case, the correction shall be computed back to, but not beyond such
date. (Ord. 957, §1, adopted 1995)
§4035'
COLLECTION OF BILLS: The collection cycle in which past due, delinquent,
final, and disconnection notices are determined and the related fees, will be
6/95
4139
§4035 §4O40
established by resolution that may be adopted from time to time by the City Council. (Ord.
957, §1, adopted 1995)
§4036: COLLECTION OF DELINQUENT ACCOUNTS: In collecting delinquent
accounts or terminating utility service, the City shall comply with applicable
procedures required by any resolution of the City Council or by law, including Public
Utilities Code sections 10009 through 10011, as those sections now read or may be
amended in the future. (Ord. 957, §1, adopted 1995)
§4037: RETURNED CHECKS: If a check is returned due to insufficient funds, or for
any other reason the funds are not available, the City shall terminate service
in accordance with Section 4036 above. The fee for returned checks will be established
by City Council resolution that may be adopted from time to time. If more than two (2)
checks in twelve (12) consecutive months are returned unpaid, the City shall have the
right to request "cash" or "money order only" for payment on such account(s). (Ord. 957,
§1, adopted 1995)
§4038: CLOSING BILLS: Closing bills, where service is to be discontinued, will be
due and payable on presentation, and collection may be made at any time
after presentation. (Ord. 957, §1, adopted 1995)
§4039: SERVICE CHARGES: Service charges shall be as set forth from time to time
in the applicable schedule of rates,fees and service charges, as adopted by
resolution by the City Council. (Ord. 957, §1, adopted 1995)
§4040: AFTER HOURS CONNECTION SERVICE: After hours connection service will
be available to customers provided they pay the actual cost for connection as
established from time to time by resolution of the City Council. (Ord. 957, §1, adopted
1995)
6/95
4140
RESOLUTION NO.
WHEREAS,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH ESTABLISHING POLICY AND PROCEDURE FOR
ADJUSTING UTILITY BILLS
1. Ukiah City Code Section 4034.A provides that the City will respond to customers
who question their bills for City furnished electricity in accordance with a resolution adopted by
the City Council; and
2. The City uses a consolidated bill for all City furnished utilities, including electricity,
water, and sewer service; and
3. The City needs a uniform policy and procedure to adjust utility bills which are
questioned by its customers; and
4. The City strives to provide utility services which are fair and responsive to customer
needs and concerns; and
5. As electric service becomes more competitive the City must have the flexibility to
adjust bills, when appropriate, in a prompt and fair manner;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Manager exercises the authority to adjust utility bills based on customer
questions or complaints.
2. "Adjust" or "adjustment" as used in this resolution means a decrease in the amount of a
bill, an increase in the amount of a bill, cancellation of a bill, a revision in the way a particular
customer's charges are calculated, a change in the manner by which a customer pays a bill or an
outstanding balance on a bill, including a balance arising from the discovery of an undercharge
from a prior billing period.
3. The City Manager has discretion to adjust a utility bill in response to a customer
question or complaint based on billing errors or fairness to the customer, to avoid undue hardship
to the customer, or to maintain the competitiveness of City owned utilities. The City Manager
shall not adjust a bill, if the adjustment would result in a grant of special privilege or unfair
benefit to a customer, or conflict with any ordinance or resolution adopted by the City Council
governing the provision of utility services by the City.
S:\UXResos98\utilityADJUST.wpd
August 26, 1998
4. The City Manager shall maintain a written record of each utility adjustment provided
pursuant to this resolution. The written record shall contain, at least, the following information:
A. The customer name, address, and phone number.
B. The service address, if different than the customer address.
C. The account number.
D. A description of the customer complaint.
E. A description of any information provided in support of the complaint or
obtained during an investigation of the complaint.
F. A description of the adjustment provided, if any.
G. A desciption of the reasons supporting the adjustment or supporting a decision
not to adjust the bill.
5. The written records described in section 3 shall be maintained as confidential records
by the City Manager for a period of three (3) years from the date of the complaint. The records
shall only be disclosed in accordance with the requirements of the California Public Records Act,
including, but not limited to, Government Code Section 6254(c).
6. The City Manager shall take action on all complaints within sixty (60) days of the date
the complaint is received by him or her, unless the customer agrees to a longer period.
PASSED AND ADOPTED thism day of
,1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
S:\U~esos98\utilityADJUST.wpd
August 26, 1998
AGENDA
SUMMARY
ITEM NO, 9d
DATE: September 2, 1998
REPORT
SUBJECT: APPOINTMENT OF CITY REPRESENTATIVE TO FILM ADVISORY BOARD
At the August 11,1998 Board of Supervisors meeting, a Film Advisory Board was created. This
Board will have the task of determining the basis for County-wide guidelines that can ultimately be
made available to production companies through the County Film Office and/or County
Administration. After the proposed guidelines are submitted and approved by the Board of
Supervisors, the guidelines could then be adopted by each of the cities in Mendocino County, or
serve as a model so that the cities may adapt the guidelines to each agencies particular needs.
The Board will consist of 15 voting, and 4 non-voting members. The 15 voting seats are as follows:
,
2.
3.
4.
.
Fort Bragg, Cleone, Westport, Caspar 8.
Mendocino
Little River, Albion, Elk, Comptche 9.
Irish Beach, Manchester, Point Arena,
Anchor Bay, Gualala 10.
Anderson Valley 11.
Hopland, Ukiah, Talmage 12.
Calpella, Redwood Valley, Potter 13.
Valley 14.
15.
Willits, Longvale, Covelo, Dos Rios,
Round Valley
Laytonville, Branscomb, Cummings,
Leggett, Piercy, Bell Springs
Tribal representation
Film Office
Environment
Business
Labor
Hispanic
The 4 non-voting seats represent the cities of Ukiah, Willits, Fort Bragg, and Point Arena as they
will need to also adopt guidelines for their agencies. It is therefore, necessary for the Council to
make an appointment from either the City Council or City staff to represent the City of Ukiah on this
newly formed Board.
RECOMMENDED ACTION: Council appoint representative to act as the non-voting member for
the City of Ukiah on the Film Advisory Board, and authorize City Manager to execute letter
forwarding that appointment to the County of Mendocino.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine appointment to the Film Advisory Board is not appropriate at this time.
Citizen Advised: N/A
Requested by: County of Mendocino
Prepared by: Karen Yoast, City Manager
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Letter, dated August 14, 1998 from County of Mendocino
2. Current Council Committee Assignments
APPROVED
Candace Horsley, Cl~y Manager
JOYCE A. BEARD
CLERK OFTHE BOARD
COUNTY OF MENDOCINO
BOARD OF SUPERVISORS
501 LOW GAP ROAD, ROOM 1090
UKIAH, CAMFORNIA 95482
Telephone:
(707) 463-4221
FAX: (707) 463:4245
August 14, 1998
Cities of:
Fort Bragg
Point Arena
Ukiah
Willits
Dear City Managers:
At their meeting of August 11, 1998, the Board of Supervisors created a Film
Advisory Board. Their purpose and make-up is as listed in the enclosed minute
order. You will note that the make-up includes a non-voting member from each
City.
Would you please consider making an appointment and advise this office of your
appointee so we can have a complete roster and they can be included in the
organizational meeting.
Thank you for your assistance and please call me if you have any questions.
Sincerely,
j~.~. ~EARD
Clerk of the Board
JB
Enclosure
MICHAEL M. DELBAR
FIRST DISTRICT
RICHARD SHOEMAKER
SECOND DISTRICT
THE BOARD OF SUPERVISORS
JOHN PINCHES PATRIClA A. CAMPBELL
THIRD DISTRICT FOURTH DISTRICT
CHARLES F. PETERSON
FIFTH DISTRICT
MINUTE ORDER
BOARD OF SUPERVISORS
COUNTY OF MENDOCINO STATE OF CALIFORNIA
DATE: August 11, 1998
SUPERVISORS PRESENT: Delbar, Shoemaker, Campbell, Pinches, Peterson
SUPERVISORS ABSENT: None
12a. AD HOC COMMITTEE RECOMMENDATION RELATIVE TO CREATION OF FILM
ADVISORY BOARD
Supervisor Peterson reviewed the Committee report.
Upon motion by Supervisor Campbell, seconded by Supervisor Peterson, and carried
unanimously (4, with Supervisor Delbar absent) IT IS ORDERED that the Committee
recommendation is adopted and a Film Advisory Board is ci'eated. The function of the
group is to recommend guidelines that would apply countywide plus any guidelines
deemed necessary for any special areas, such as the Town of Mendocino. The proposed
guidelines will be submitted to the Board of Supervisors for consideration. Following final
approval by the Supervisors, the guidelines would then be made available to production
companies through the County Film Office and/or County Administration. Permitting, will
remain the responsibility of the County or other permitting agencies such as State Parks
or Caltrans. The countywide guidelines might also be adopted by cities in Mendocino
County or, serving as a model, be adapted for their particular needs. The members of the
Film Advisory Board will come from each unique, geographic section of the County, as
well as from appropriate groups or organizations. The Board will consist of fifteen voting
and four, non-voting seats: 1 - Fort Bragg - Cleone -Westport - Caspar, 2 - Mendocino,
3 - Little River - Albion - Elk - Comptche, 4 - Irish Beach - Manchester - Point Arena -
Anchor Bay - Gualala, 5 - Anderson Valley, 6 - Hopland - Ukiah - Talmage, 7 - Calpella -
Redwood Valley - Potter Valley, 8 - Willits - Longvale - Covelo, Dos Rios- Round Valley,
9 - Laytonville - Branscomb - Cummings - Leggett- Piercy - Bell Springs, 10 - Tribal
representation, 11 - Film Office, 12- Environment, 13 - Business, 14 - Labor, 15,
Hispanic, plus four non-voting seats representing the Cities of Ukiah, Willits, Fort Bragg,
and Point Arena. Further an ad hoc group of three Mendocino area residents will be
acknowledged by the Board of Supervisors to conduct public forums in the Town of
Mendocino to consider guidelines for that unique situation. The Town of Mendocino's
guidelines should be considered by the Mendocino Historical Review Board, before coming
to the Board of Supervisors.
STATE OF CALIFORNIA )
COUNTY OF MENDOCINO)
SS,
I, JOYCE A. BEARD, Clerk of the Board of Supervisors, in and for the County of Mendocino, State
of California, do hereby certify the foregoing to be a full, true and correct copy of an order made
by the Board of Supervisors, as the same appears upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this 14th day of August,
1998.
JOYCE A. BEARD
Clerk o~f~e Board of Supervisors
COUNCIL COMMITTEE ASSIGNMENTS August 19, 1998
Chamber of Commerce Liaison
City/County Leadership Group
(was Mayor/Manager Committee)
Mayor Malone
Mayor/City Manager
City Selection Committee Mayor (required)
Council/County Supervisor Committee (on hold) Mayor & Councilmember Kelly, District I and II Supervisors
Courthouse Facilities Planning Committee Councilmember Ashiku
County Overall Economic Development
Disaster Council
Investment Oversight Committee
League of California Cities Division Delegate
(approx. 5 out of town meetings)
League of California Cities Policy Committees
(quarterly meetings) Kelly - Community Services,
Mastin - Transportation, Communication, and Public Works
Local Agency Formation Commission (LAFCO)
(Rotational City Membership)
Main Street Board of Directors
Mayor/Managers Committee
Mendocino Council of Governments (MCOG)
Mendocino Transit Authority (MTA) Board of Directors
City Manager or her designee
Mayor Malone, Councilmember Ashiku, City Manager
Mayor/Councilmember Ashiku
Councilmember Kelly - Voting Delegate,
Councilmember Ashiku - Alternate
Councilmembers Kelly/Mastin
Councilmember Ashiku
Councilmembers Chavez/Mastin
Mayor/City Manager
Councilmember Kelly
Councilmember Ashiku - Alternate
Vice-Mayor Mastin
Mendocino County Film Advisory Board To be appointed by City Council on 9/2/98
Mendocino County Inland Water and Power Commission Mayor Malone
Mendocino Solid Waste Management Authority - JPA Vice-Mayor Mastin
(MSWMA)
Mendocino Transit Authority (MTA) Board of Directors Vice-Mayor Mastin
North Coast Railroad Authority (NCRA) Mayor Malone
· :- Northem California Power Association (NCPA)
· :. Transmission Agency of Northern California (TANC)
Recreation Center Group
Skateboard Park Committee
SunHouse Guild ex officio liaison
Ukiah umfied School District School Site Selection
Committee
Ukiah Valley Sanitation District (UVSD)
Councilmember Ashiku - Alternate
City Manager or Electric Utility Director
Councilmember Kelly
Councilmember Kelly
Councilmember Kelly
Councilmember Kelly
Mayor or his designee
Alternate - Councilmember Chavez
R, EDE~LOPME~ :.AGENCY i ~. i i~i :~
Downtown Master Plan Committee (on hold)
Economic Development & Financing Corporation (EDFC)
Finance Review Committee
Commissioner Chavez
Commissioner Kelly
Agency Chairman and Commissioner Ashiku
Alternate - Vice-Chairman Mastin
cc:commass-Rev.081998
AGENDA
SUMMARY
9e
ITEM NO.
DATE: SEPTEMBER 2, 1998
REPORT
SUBJECT:
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
Submitted for the City Council's consideration and approval is Staff's proposal to
modify the existing traffic signal at Airport Park Boulevard and Talmage Road for the
purpose of prohibiting through northbound traffic into the Lorraine Street
neighborhood from the Airport Industrial Park. Also submitted for the Council's
consideration and approval is a budget amendment in the amount of $2,500 needed
to fund the proposed traffic signal modifications.
With the assistance of Whitlock and Weinberger, a Work Plan, preliminary sketches
and a cost estimate have been prepared which together outline the work that will be
required to implement the proposed modifications. The estimated cost of $2,500
includes work to be performed by a traffic signal contractor and materials to be
supplied and installed by City forces. The City's street crew will install the signs,
paint, and pavement markers.
The proposed traffic signal modifications would convert the existing middle
northbound through lane on Airport Park Boulevard into a second left-turn lane. The
existing outside, northbound, combination through right-turn lane would be changed
to a right-turn only lane. Vehicles will continue to be permitted to turn into the north
leg of Airport Park Boulevard from Talmage Road.
It is recommended that funds in the amount of $2,500 be taken from the unobligated
Gas Tax Fund balance in Fund 301 (Gas Tax Account No. 2107) and placed into a
new expense account number 301.9651.250.000 for this project.
RECOMMENDED ACTION: Approve proposed modifications to the Airport Park
Boulevard/Talmage Road Traffic Signal and approve budget amendment in the amount
of $2,500. Funds to be taken from the unobligated fund balance in Fund No. 301 and
placed into the new expense account number 301.9651.250.000.
ALTERNATIVE COUNCIL POLICY OPTIONS: Not approve work plan.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Lorraine, Betty, and Marlene Street neighborhoods.
Rick H. Kennedy, Director of Public Works/City Engineer
Rick H. Kennedy, Director of Public Works/City Engineer
Candace Horsley, City Manager
1. Work Plan.
2. Budget Amendment Worksheet.
APPROVED: .,~,
R:~w:~ Candace Horsley, C!ty
AAIRPORT,TS
Manager
Talmage Road/Airport Park Boulevard Modification
WORK PLAN
The following items identify the work to be done in order to eliminate the existing through movement from
Airport Park Boulevard northbound to the Lorraine/Betty Street neighborhood.
· No changes will be made to the Talmage Road approaches.
There are currently two lanes inbound (northbound) on the north leg of the intersection. In order to de-
emphasize this entry to the neighborhood, the lane line between the inbound lanes will be eradicated,
leaving one 26-foot wide inbound lane and two outbound lanes (left-turn and through/fight-mm).
The arrows in the center and curb lanes on the northbound approach will be replaced. The middle lane
is currently a through only lane, and will be converted to a left-turn only lane. The curb lane is currently
a through/right-tm, and will be converted to a right-tm only lane.
In order to emphasize the movement restrictions, the words "LEFT TURN ONLY" will be stenciled in
the middle lane northbound.
To provide additional guidance, through-intersection delineation will be installed on the inside and
outside of the middle lane. A solid white line will be installed along the outside of the right-turn lane to
guide drivers from the curb lane into the eastbound curb lane on Talmage Road.
Lane geometries signing (R61-13) will be installed on the northbound approach and also on the mastarm
of the pole located on the northeast comer.
The phasing will be changed from the current 8-phase operation, including protected left-tums on all
approaches, to 6-phase operation with the Airport Park Boulevard approaches split-phased, meaning
they operate completely independently of each other. Without a northbound through movement, there
are really no concurrent movements on the two legs anyway, so split-phasing will be as efficient as the
existing phasing, but will be easier to understand.
· The split-phasing will be accomplished by rewiring the cabinet.
The signal heads for o8 will be changed out to arrow lenses; left-turn arrows will replace the balls on
the mastarm head and right-rum lenses will replace the yellow and green balls on the side-mounted head.
This will give drivers a further visual cue that they must turn one direction or the other.
· A right-turn overlap will be provided between the northbound right turn and westbound left-turn.
Whitlock & Weinberger Transportation Inc.
Name of Project:
Project Number:
Talmage Road/Airport Park Boulevard Modification
UKI010
Striping and Pavement Markings Quantities Estimate
Pavement Markers and Traffic Lines (ff.) Si~lnin~l Pavement Markings Symbols and Arrows
Type I Type IV Type VII LEFT TURN 8-inch
Detail 10 Detail 38C Detail 40A R61-13 Arrow Arrow Arrow ONLY Legend Solid White
Remove Pavement Markings 45 2 2
Install Striping/Signing 150 190 2 4 I 25
45 150 190 2 2 4 2 1 25
Striping and Pavement Markings Cost Estimate
LEFTTURN 8"solid I
Detail 38C Detail 40A Type IV Arro ONLY white Quantity Cost (each)
13
48 111
60 65 17 125
Markers Reflective 13
Non-reflective 63
Thermoplastic (square feet)
Total Cost
IMarkings
Removal
Type I Type VII
Detail 10 Arrow Arrow Quantity Cost (sqff)
39 28 54 121
Total Cost
Signal Modification Quantities and Cost Estimate
IReplace 5 lenses
Manpower to rewire
2 persons for 8 hours
Quantity Cost (each)
5 $ 30.00
16 $ 70.00
ISubtotal
10% Contingency
IGrand Total
Total Cost
$150
$1,120
$1,270
$1,270
$127
$1,397
No warranty, expressed or implied, is made as to the accuracy of the cost estimates as expressed in this document compared to bid or actual costs.
Prepared 8/13/98
r~x . X' - " . "
$
BUDGET AMENDMENT WORKSHEET
GAS TAX #2107 - FUND #301
Bud.qeted amounts:
Beginning fund balance 7/1/98
Revenue budgeted
Transfers budgeted
Expense
Budgeted ending fund balance 6/30/99
$ 579,854
$ 125,000
$ (632,000)
$ 72,854
Adjustments made durinq the fiscal year:
Date
Approved
7/1/98 Change in beginning fund balance per audit
8/5/98 State Street remediation project
9/2/98 Talmage/Airport Park Blvd traffic signal modification
Account No.
301.9830.250.000 $ (42,345)
301.9651.250.000 $ (2,500)
Revised ending fund balance 6/30/99
$ 28,009
RESERV99.XLS 8/25/98
Page 2
Funds 300; 301;302; 303
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