HomeMy WebLinkAbout2002-10-02 PacketUKIA
i 1 '�
MAIN STREET
PROGRAM
Board of Directors
Kathy Fowler
Kathy Fowler Chevrolet
President
Richard Moser
Rainbow Construction
Vice President
Cheryl Gurley
Savings Bank
Treasurer
Bridget Sholin
BTS Enterprises
Secretary
Ed Eversok
Eversok Mortuary
Past President
juke Ashton
Dave Hull Insurance
Donna Berry
Cononiah Vineyards
Brian Carter
Carter, Behnke, Oglesby
& Bacik
Richard P. Ruff
Arrhitect
Sherell Simmons
Century 21
Mike Spencer
KTVNE & KMKX
Daniel Winfrey
Ken Fowler Auto Center
Albert Fierro
City of Ukiah
Roy Smith
City Council Member
A NON-PROFIT ORGANIZATION DEDICATED TO PROMOTING DO%X NTO`X/N U KI AH
ECONOMIC DEVELOPMENT, ORGANIZATION, BEAUTIFICATION AND EVENTS
October 1, 2002
Mayor Ashiku, Council Members
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
Dear Mayor Ashiku, Council Members,
LLL�iJII
� `J
f 7'
1Y
C+' Y ^ i Tg`ENT
Subject: Commercial Property Maintenance Ordinance
On behalf of the Board of Directors of the Ukiah Main Street Program I
would like to ask for your full support in adopting the Commercial Property
Maintenance Ordinance.
Over the past several years, various areas in our city have witnessed a
marked decline in the maintenance and appearance of a number of
parcels of real property. These deteriorated properties have become
eyesores, have adversely affected adjacent property values, and have a
negative impact on the quality of life of our City.
The establishment and enforcement of the Commercial Property
Maintenance Ordinance will enhance and promote the maintenance of
real property, improve the livability, appearance, and the social and
economic conditions of our community.
As a program dedicated to the beautification and revitalization of the
downtown area, we as an organization find it frustrating that there is no
mechanism in place to address maintenance of commercial properties. If
passed, this ordinance would ensure that real properties do not reach a
state of deterioration or disrepair, creating a means by which we can
showcase our town as a business community with pride.
The Ukiah Main Street Program fully supports the adoption of the
Commercial Property Maintenance Ordinance.
Respectfully yours,
--r
i
i
Beeler
Executive Director
Ukiah Main Street Program
200 S. School St, Ukiah CA 95482 * (707) 463-6729 * (707) 462-2088 fax * mainst(a pacific.net * www.ukiahmainstreetprogram.org
RESUME
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 2, 2002
6:30 p.m.
1. ROLL CALL - Absent: Councilmember Libby
2. PLEDGE OF ALLEGIANCE
Mayor Read 3. PROCLAMATION/PRESENTATION
a. ukiaHaiku Festival — November 2-3, 2002
M/RC (4-0) 4. APPROVAL OF MINUTES
a. Regular Meeting of September 18, 2002
Mayor Read 5. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that
decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which
generally limits to ninety days (90) the time within which the decision of the City's Boards and Agencies may
be judicially challenged.
Mayor Read 6. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by
the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a
citizen in which event the item will be considered at the completion of all other items on the agenda. The
motion by the City Council on the Consent Calendar will approve and make findings in accordance with
Administrative Staff and/or Planning Commission recommendations.
M/RC (4-0) Approving Consent Calendar Items a - b as follows:
a. Approval of Electric Unit/IBEW Consolidated Memorandum of Understanding
Mayor Read 7.
Document
b. Report to City Council Regarding Award of Contract to Proseed to
Perform Hydroseeding of Landfill Slopes to Control Erosion
AUDIENCE COMMENTS ON NON -AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you
are interested in, you may address the Council when this matter is considered. If you wish to speak on a
matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit
your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown
Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the
agenda.
8. PUBLIC HEARING (7:00 P.M.)
M/RC (4-0) a. Adoption of Urban Water Management Plan and Related Resolution
Resolution No. 2003-09
b. Introduction of Ordinance Amending Division 6, Chapter 3, Articles land 2, and
Chapter 6 of the Ukiah Municipal Code, Entitled Fire Prevention Code and
Outdoor Burning Code 6, Chapter 3
M/RC (4-0) Introducing Ordinance
9. UNFINISHED BUSINESS
a. Adoption of Commercial Property Maintenance Ordinance
M/RC (4-0) Adopting Ordinance No. 1039
b. Consideration of Request by Ford Street Project for Extension of Temporary Use
of 1800 North State Street as an Emergency Winter Shelter
M/RC (4-0) Approving request by The Ford Street Project
10. NEW BUSINESS
M/RC (4-0) a. Authorize Mayor to Execute the Scheduling Coordination Program Agreement
Between the City of Ukiah and the Northern California Power Agency and to
Execute the Replacement Interconnection Agreement Between the City of
Ukiah and Pacific Gas and Electric Company
b. Discussion of Proposal by Ukiah Rotary Club of Ukiah to Assist in the
Development of the Railroad Depot Pocket Park
Received the Rotary Club of Ukiah's request and directed staff to work with them on proiect
c. Adoption of Resolution Approving the Addendum to the Memoranda of
Understanding for the Miscellaneous PERS Coverage Group Employee
Bargaining Units to Amend the PERS Retirement Contract
M/RC (4-0) Adopting Resolution No. 2003-08
d. Discussion of Ethical Conduct During Council Meetings — Western Cities
Magazine — Mayor Ashiku
Reviewed and discussed article from Western Cities Magazine
e. Discussion of the Electric Rate Stabilization Fund
Discussed the Electric Rate Stabilization Fund
11. COUNCIL REPORTS
12.CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
13. CLOSED SESSION
a. Conference with Labor Neqotiator G.C. F454957.6
Employee Negotiations: PERS Miscellaneous Group MOU
Labor Negotiator: Candace Horsley, City Manager
b. Conference with Labor Neqotiator G.C. F454957.6
Employee Negotiations: Electric Unit/IBEW Consolidated MOU
Labor Negotiator: Candace Horsley, City Manager
9:30 p.m. 14.ADJOURNMENT
The City of Ukiah complies with ADA requirements and will attempt to reasonably
accommodate individuals with disabilities upon request.
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 2, 2002
6:30 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATION/PRESENTATION
a. ukiaHaiku Festival — November 2-3, 2002
4. APPROVAL OF MINUTES
a. Regular Meeting of September 18, 2002
5. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that
decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which
generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be
judicially challenged.
6. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by
the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a
citizen in which event the item will be considered at the completion of all other items on the agenda. The
motion by the City Council on the Consent Calendar will approve and make findings in accordance with
Administrative Staff and/or Planning Commission recommendations.
a. Approval of Electric Unit/IBEW Consolidated Memorandum of Understanding
Document
b. Report to City Council Regarding Award of Contract to Proseed to
Perform Hydroseeding of Landfill Slopes to Control Erosion
7. AUDIENCE COMMENTS ON NON -AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you
are interested in, you may address the Council when this matter is considered. If you wish to speak on a
matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit
your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown
Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the
agenda.
8. PUBLIC HEARING (7:00 P.M.)
a. Adoption of Urban Water Management Plan and Related Resolution
b. Introduction of Ordinance Amending Division 6, Chapter 3, Articles land 2, and
Chapter 6 of the Ukiah Municipal Code, Entitled Fire Prevention Code and
Outdoor Burning Code 6, Chapter 3
9. UNFINISHED BUSINESS
a. Adoption of Commercial Property Maintenance Ordinance
b. Consideration of Request by Ford Street Project for Extension of Temporary Use
of 1800 North State Street as an Emergency Winter Shelter
10. NEW BUSINESS
a. Authorize Mayor to Execute the Scheduling Coordination Program Agreement
Between the City of Ukiah and the Northern California Power Agency and to
Execute the Replacement Interconnection Agreement Between the City of
Ukiah and Pacific Gas and Electric Company
b. Discussion of Proposal by Ukiah Rotary Club of Ukiah to Assist in the
Development of the Railroad Depot Pocket Park
c. Adoption of Resolution Approving the Addendum to the Memoranda of
Understanding for the Miscellaneous PERS Coverage Group Employee
Bargaining Units to Amend the PERS Retirement Contract
d. Discussion of Ethical Conduct During Council Meetings — Western Cities
Magazine — Mayor Ashiku
e. Discussion of the Electric Rate Stabilization Fund
11. COUNCIL REPORTS
12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
13. CLOSED SESSION
a. Conference with Labor Negotiator G.C. §54957.6
Employee Negotiations: PERS Miscellaneous Group MOU
Labor Negotiator: Candace Horsley, City Manager
b. Conference with Labor Negotiator G.C. 54957.6
Employee Negotiations: Electric Unit/IBEW Consolidated MOU
Labor Negotiator: Candace Horsley, City Manager
14.ADJOURNMENT
The City of Ukiah complies with ADA requirements and will attempt to reasonably
accommodate individuals with disabilities upon request.
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 2, 2002
6:30 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATION/PRESENTATION
a. ukiaHaiku Festival — November 2-3, 2002
4. APPROVAL OF MINUTES
a. Regular Meeting of September 18, 2002
5. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that
decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which
generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be
judicially challenged.
6. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by
the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a
citizen in which event the item will be considered at the completion of all other items on the agenda. The
motion by the City Council on the Consent Calendar will approve and make findings in accordance with
Administrative Staff and/or Planning Commission recommendations.
a. Approval of Electric Unit/IBEW Consolidated Memorandum of Understanding
Document
b. Report to City Council Regarding Award of Contract to Proseed to
Perform Hydroseeding of Landfill Slopes to Control Erosion
7. AUDIENCE COMMENTS ON NON -AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you
are interested in, you may address the Council when this matter is considered. If you wish to speak on a
matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit
your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown
Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the
agenda.
8. PUBLIC HEARING (7:00 P.M.)
a. Adoption of Urban Water Management Plan and Related Resolution
b. Introduction of Ordinance Amending Division 6, Chapter 3, Articles 1 and 2, and
Chapter 6 of the Ukiah Municipal Code, Entitled Fire Prevention Code and
Outdoor Burning Code 6, Chapter 3
9. UNFINISHED BUSINESS
a. Adoption of Commercial Property Maintenance Ordinance
b. Consideration of Request by Ford Street Project for Extension of Temporary Use
of 1800 North State Street as an Emergency Winter Shelter
10. NEW BUSINESS
a. Authorize Mayor to Execute the Scheduling Coordination Program Agreement
Between the City of Ukiah and the Northern California Power Agency and to
Execute the Replacement Interconnection Agreement Between the City of
Ukiah and Pacific Gas and Electric Company
b. Discussion of Proposal by Ukiah Rotary Club of Ukiah to Assist in the
Development of the Railroad Depot Pocket Park
c. Adoption of Resolution Approving the Addendum to the Memoranda of
Understanding for the Miscellaneous PERS Coverage Group Employee
Bargaining Units to Amend the PERS Retirement Contract
d. Discussion of Ethical Conduct During Council Meetings — Western Cities
Magazine — Mayor Ashiku
e. Discussion of the Electric Rate Stabilization Fund
11. COUNCIL REPORTS
12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
13. CLOSED SESSION
a. Conference with Labor Negotiator G.C. §54957.6
Employee Negotiations: PERS Miscellaneous Group MOU
Labor Negotiator: Candace Horsley, City Manager
b. Conference with Labor Negotiator G.C. §54957.6
Employee Negotiations: Electric Unit/IBEW Consolidated MOU
Labor Negotiator: Candace Horsley, City Manager
14.ADJOURNMENT
rhe City of Ukiah complies with ADA requirements and will attempt to reasonably
accommodate individuals with disabilities upon request.
G � �;,�a�.�_� , � R R � 41k+� � , R F •4•r4�`� � �' �.'4 �`-� �', ' `� F 1��--� .r�...�, _ _ _ ___ _ _ � ��
WHEREAS, poetryis elemental to the very essence of the human spirit, expressed in many
different forms from ancient musings through medieval classics and epics to renaissance sonnets
and contemporary writings; and
WHEREAS, Ukiah spelled backward is "haiku'; a Medieval form of Japanese poetry,
growing in popularity throughout the world, and
WHEREAS, Haiku does not depend upon rh yin or rh ythm, but rather is three lines with
only 17 syllables capturing scene in nature in a way which creates a vivid response in the mind of
the reader or listener through brevity and simplicity without extraneous verbiage, and
WHEREAS, it is appropriate for Ukiah to hold a Haiku festival to celebrate its myriad and
varied natural characteristics, expand the opportunities for local poetic expression, and exult in its
unique position of reverse spelling with this form of poetry, as illustrated thus.-
"Eastern
hus.
"Eastern full moon rise
reflecting in a still pool
ukiah haiku"
NOW, THEREFORE, 1, Phillip Ashiku, Mayor of the City of Ukiah, on behalf of my fellow
City Councilmembers, Phil Baldwin, KathyLibby, RoySmith, and Eric Larson doherebyproclaim
November 2-3, 2002 as;
ukiaHaiku Festival
and urge all citizens and latent poets to enter the Haiku competition and participate in the planned
festivities scheduled within our community.
Dates October 2, 2002
_� A"kms
Pu Mayor
Philli hikor
3a
MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 18, 2002
2. PLEDGE OF ALLEGIANCE
Mayor Ashiku led the Pledge of Allegiance.
Councilmember Larson clarified fie motic� a the last sentence of that
paragraph should be corrected to rei "M/Shiku/Srr� adopting Scenario #2 and to
increase the marketing allotment to $9,1=60hich would change the eligibility based on
160% of FPIG."
There was ..Wef discuW n of the recorriffiend�l corrections to the minutes.
M/S Libby app*thg the Reg u lap:111.111meeting Minutes of September 4, 2002 as
amer� d, ped by ;����f I vote: AYES: Councilmembers Larson, Smith,
Libby, and I�yor shiku. �: 'None. ABSTAIN: Councilmember Baldwin.
ABSENT: None
advised that item "f" would be heard under New Business, item "8i".
M/ arson/Smith approving items a through a and g and h of the Consent Calendar
as_nows:
..............
a Approved Disbursements for Month of August 2002;
Regular City Council Meeting
September 18, 2002
Page 1 of 15
Motion carried by the following roll call vote: AYES: Cotcilmembers Larson, Smith,
Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIf: None ABSENT: None.
6. AUDIENCE COMM ENTSdOOMONAGENDA ITEMS
No one came forward to addri€�I.
8. NEW BUSINESS
8a. Approval of Abandon ment-5bf Riles"f-Way exchange for Grants of
Right -Of -Way for Standley dnd Eas nt From Standley Street to
Fish HatchW j!roperty
Mayor A#W advised t he spoke to Mr., Nix earlier this week regarding this matter
and advise fat Mrti1ix would like to meet with City staff to resolve some of the
outstanding . stions and to resolve some of the confusion that exists relative to the
report.
Cpuncilr.00
n'ber Baldwin referred to page 2 of the Staff Report in which it states that "
Wibause dliconfusion back in 1987" and Mr. Nix requested, through his attorney, that the
"Cid ove where its right-of-way is. Since the City already went through this process
....................
....................
at5 request, he inquired how could all this work be done in preparation for this
meeting without Mr. Nix being aware that the City is underway of this issue.
Regular City Council Meeting
September 18, 2002
Page 2of15
Director Steele explained that staff has had discussions with Mr. Nix. There may be a
number of ways to transact the land exchange properly in a surveying/engineering
forum, staff felt this was the right way to do it in order to clear up any ambiguities.
It was the Consensus of Council to table this matter.
8b. Authorization of City Manager to Execute Consulting
with EBA Engineering to Provide Environmental Com
ent
er to execute & Consulting Services
Olinmental co m fiance services for the
t tt $51,226; carried by the
Larson, smith, Libby, Baldwin, and
. ABSE None.
...............
2002 Mendocino County Regional
by the Mendocino Council of
Regular City Council Meeting
September 18, 2002
Page 3 of 15
It was noted that a positive component of the document is that when it comes time to
apply for grants for housing; the City would have a document that will help to support
that argument and could be used for the basis for the grants that we apply for.
Councilmember Larson advised that without a certified Housing Element, tossibl+
with upcoming state legislation; we could be subject to very high fines froom the State.'
He noted SB910 is resurfacing in the legislature and would penalize pisthw do not
have a certified Housing Element, regardless of how unrealistic that EWftient rni be.
It was the consensus of Council that staff mould dvJ. e MCOG of the
recommendations voiced during discussion at this met and in addition, recognize
that the City's wastewater treatment plant should be listed a constraint with regard to
meeting the housing needs of the City.
7. PUBLIC HEARING
7a. Public Hearinq
Enforcement Block".... n
Budget Amendment
Police Chief Williams advised that`-
Law Enforcement Block Grant (LLE
explained that Cahn Chris Dewey
Police Ca 461 Dewed advised that the Law Enforcement Block Grant was
designed d::' fund project that assist ancjra make Law Enforcement Officers more
effectrV thin their ccnunity. The Prce Department has found that the Officer
Trans pt o t projectc0sful and has reduced officer rPnnrt nrpnnrntinn
Discussion o11owed with regard to the Officer Transcription program works and its
benefits. A 1151e,point of the program is that it leaves the officers in the field rather than
driving back the station to complete their reports.
U ff 11f f'ams, in response to an inquiry by Councilmember Larson, advised that
shy tie Department not receive grant funding in the future, staff would request
funding in their budget for such purposes.
Regular City Council Meeting
September 18, 2002
Page 4 of 15
7:13 p.m.: Public Hearing Opened.
7:14 p.m.: Public Hearing Closed.
7:20 p.m.: Pule Rearing Opened.
rtdley, inqure if there is going to be a residential ordinance and why not
include a Prything in ons mance to avoid duplication.
Kathy Crary:, 1295 Ybkayo Court, Ukiah, read the letter she submitted to Council that
identified her cgncern with the City -owned buildings.
Dottie Dea ster, owner of a business located at 328 North State Street, Ukiah,
ecommen0d that the Ordinance be changed to make the owners responsible for
m ntenaoce, not the tenant, and referenced page 2, Section I. She also drew attention
to t situation whereby many businesses do not have adequate space in which to hide
orcr+een their garbage from public view. She expressed concern with the removal of
Regular City Council Meeting
September 18, 2002
Page 5 of 15
graffiti and inquired how this ordinance would affect commercial businesses in non-
commercial or residential zones.
City Attorney Rapport explained that in Section 3402, page 4, makes it unl�ul
any person owning, leasing, occupying, or having charge of any commercial .bU`iines
allow any of these conditions to exist.
7:40 p.m.: Public Hearing Closed:
City Attorney
that are provicf
Ordinance wou
....d........
Consi
responsi
defining
e discu
rcial p
Mance of defining who would be responsible
the word "tenant" in the Ordinance was also
parms an investigation, a determination
f grid there may be circumstances whereby
Ert advisedaf rider this Ordinance, all of the different remedies
are cumulative and not mutually exclusive. Those enforcing the
,a variety of options as to how enforcement should proceed.
flowed with regard to the tenant/landlord relationship and
forcement of the Ordinance. Also discussed were options for
rty.
Regular City Council Meeting
September 18, 2002
Page 6 of 15
Discussion followed with regard to the motion and that it would apply to the CN, C-1,
and C-2 zoning districts. There was also discussion concerning the placement of
dumpsters at commercial buildings and whether they were visible from the street.
City Attorney Rapport recommended wording be added to page 5, section'..':M `, at th'
end of that sentence so that it reads, "Refuse or trash bins/dumpsters placed so as to
be visible from neighboring properties or streets, except for those time S. Wk: uI d for
collection, or where feasible."
M/S Baldwin/Larson amending motion to include "or where feasible" o, Section
page 5.
There was some discussion concerning whether or n
in this Ordinance. It was noted that Planning Depart
authority to take into account the character of a ne!
and to make sure that the businesses arewellMW
Table, related to cracked windows, was addreg.9 d v
and enforcement.
o itclude the C-2 zoning district
it'staff has enough discretionary
rhood and the business activity,'
ined.t, #5 of the Summary
regard to pudic safety concerns
Councilmember Larson noted that item #7 in the Summary "Table should address fire
danger as identified in #6. In item #7 the last part of the Denten should read,
"provides habitat for rats and vo t n, ,as a fire danger as db" ned by the City
Fire Marshal."
M/S Baldwin/Larson to amended tie motion t `lrlud additional wording in item #7
related to fire danger, adding the vaing "gym shown 0 f7e infeasible" at the end of
section M related to trash bins, inc luC a tL definitionf `commercial", and to Introduce
the Commercial Pr€ Wy Maintenance VMinance by Title only.
Councilmeer Libby ayised that she considers the proposed ordinance as a draft
and would erefer to have X11 the changes r-nd and brought back to Council.
M/S Baldwi"Ashiku Introducing the Commercial Property Maintenance Ordinance.
ti
unciln`ber Libby noted for the record that she has a concern with the definition
be t `commercial property" and that's why she is voting against the motion at this
Regular City Council Meeting
September 18, 2002
Page 7of15
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None.
ABSENT: None.
8. NEW BUSINESS
8d. Acceptance of Federal Aviation Administration
nt
-bdeeAviation
Regional Airport
....................:..
........................
......................
iplete a nu r er
required to
ese funds.
Airport Manager Bua discussed how the Airport'trying to reduce noise from the
airplanes affecting the residences to the south of thWA'irport.!��i,by moving the taxiway to
the north. He discussed relocating cargo operatah� a.nd not hang them use the ramp.
He explained that several areas of the AirpQ... r n need of improved fencing for
approximately 1,000 feet.
M/S Ashiku/Smith accepting the grant offer from fhb FAA for infrastructure
improvements at Ukiah Regional Airport, carried by the folio roll € 11 vote: AYES:
Councilmembers Larson, Smithy 6 Baldwin, and Mayor TRU. NOES: None.
ABSTAIN: None. ABSENT: NM9
Recessed: 8:27 p.m.
Reconvened: 8:37 p.m.
M/S Smith%A hiku approving a loan from Fund #910, Workers Compensation
Insurance serve, to Fund #150, REFA V Debt Service, in the amount of $250,000 at
;anr i interest rate of 3%, approve an amendment to the 2002/2003 budget
acc�nfs: Increasing expenses in Principal Payments #150.7005.681.000 from
$30;000 to $1,320,000 (increase of $980,000) and revenue in Debt Financing
Proceeds #150.0700.555.000 from $0 to $150,000, and approve and direct staff to
Regular City Council Meeting
September 18, 2002
Page 8 of 15
instruct the trustee to notify the holders of the Certificates of Participation that they will
be called as of the next principal payment date and sign documents related thereto,
carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
M/S Smith/Baldwin approvir� � adc � 0 Line Attendant sition to the Electric
Utility Department, approo " an amendMi"O" the 200 3 budget increasing
expenditures in accounts 800.xxx xc.000 by -1. t�f 408,000, and authorizing a
transfer of $68,000 from the Rate *Oilizat " Fund tQ t Electric Fund for the Line
Attendant.
M& wr Ashiku inquired if Councilmember Libby was speaking to staff or to Council.
Regular City Council Meeting
September 18, 2002
Page 9 of 15
Councilmember Libby stated that she is talking to Council.
Councilmember Baldwin inquired if Councilmember Libby would prefer that Council go
to the General Fund Reserve to fund the lineman position.
ouncilmember Libby advised that she understani tie budget and stated it is h
belief that there is more money in the utilities than ghat isown in our budget ar
what is told to this Council.
mayor Aghiku inquired if she is saying that we have $22 million in our Rate
StrNN.Jtion Fund today.
Regular City Council Meeting
September 18, 2002
Page 10 of 15
Councilmember Libby stated that she has a document that shows that we have more
than that.
Mayor Ashiku advised that just a minute ago she said that we have $11 millio
have a document that demonstrates we have twice that.
Councilmember Libby stated that it is $25 million.
Ron Libby stated that he does have a comment co O ng
�the issue that is before
Council. He wanted to testify that he also has seen the moment that Councilwoman
Libby is referring to, and it is there. He thought that if there Iy decetn this Council
it's coming from you (Mayor).
Councilmember Smith cal f a of order. He adu5d that Mr. Libby's
comment was not relative to mien on the �� u1/hile it's ori:11 `the record, he thought
Council should move ahead.
n on the Boor approving the utilization of
rest to fund a Line Attendant position. He
'AYES: Councilmembers Larson, Smith,
mber Libby. ABSTAIN: None. ABSENT:
Mayor Ashiku dressed Councilmember Libby in that if she would be so kind to
pJ,Oe her docum* I Cation to the City Manager and to the rest of Council so that we
a Mme idea o mat u're talking about so we get to the bottom of these
allegatina,
Councilmeber Libby stated that she thinks he very well knows what she is talking
about.
Mayor Ash1k::'
responded that he certainly doesn't.
nc i,n rs Baldwin, Smith and Larson also expressed interest in seeing the
dot tation.
Councilmember Libby advised that she would provide it to Council.
Regular City Council Meeting
September 18, 2002
Page 11 of 15
Mayor Ashiku stated that let's be clear about it. If you have it, he does not want to wait
until next year to get it. He would like to get it fairly soon. His expectation is for her to
provide it to them in a timely fashion.
Mayor Ashiku stated that if he has to have him,,.....rved fromthe Chambers he would.
Mr. Libby stated "that's fine, you can have the last dR It's still deceitful and you
know it.
Mayor Ashiku wished him a go
Discuso ,followed with regard to Reston #4 relating to term limits and what it
would mem end Resd;;1!1i.,-,..,.,f ojes to add approximately 700,000 acres of new
wilderness Iryod Mo
inno Ctuffl.After review and discussion by Council of the
Resolutions, it �r the consensus of Council to direct the City's voting delegates to
fWJ w the actions **sed by the League and that Resolution #7 be opposed.
NEW BUSINESS
...............
Regular City Council Meeting
September 18, 2002
Page 12 of 15
8h. Adoption of Resolution Approving Memorandum of Understanding for
Employee Bargaining Unit — Miscellaneous
It was the consensus of Council that Closed Session was not necessary for this-,_ -m.
City Manager Horsley advised that the item is presented as approved by Counc
directed by Council in closed session.
Mayor Ashiku stated he has no problem approving it as amen e� bemuse it was clear
to him when Nancy from PFMPi
tg the Council she pointed that there were
some specific things in our tnv ei that were contras o the law or are no
�
longer compliant and she deArib: �vhy. He tf� 4 a any reason to obtain a second
opinion on some minor changes.
...............
Councilmember Baldwin advised that
policy next year and Mat #4 be socially,
Councilmeer SmithVised that the
it was aitve action oto FMs part.
Motion car
Baldwin, an
None.
ys to
hopes C Ubbil will look at the investment
onsible in this.
ranges were recommended by PFM and felt
oes not have personal knowledge of what the
investment advisor.
roving City of Ukiah's Statement of Investment Policy for Fiscal
ning the motion.
I by the following roll call vote: AYES: Councilmembers Larson, Smith,
ayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT:
' t,JNCIL REPORTS
Cmember Larson reported that he attended the 911 -memorial service and that
the wild Beast Feast was successful. He thanked Councilmembers Libby and Smith for
attending.
Regular City Council Meeting
September 18, 2002
Page 13 of 15
Media and he asked if it would be possible for the G►ty to obtain'..a copy or the viaeo
since water is a strong issue that Ukiah is facing. H&isited Lake Mendocino yesterday
and found it be a small puddle. He encouraged itl' ers to visit the site. He will be
attending the NCPA's annual conference next w.
can a�erd
.0
afore ars Coir treated water. Another article in the San Francisco
Chronicle red ti, oncerne a oa r that has developed a brain tumor and is basing
his suit against 'l phone company on a major new British and Swedish study of the
ol. style cell phen He is pleased to see the job announcement for the Code
ObfiiW nce Coordir alm
Mayor Qu reported` attending the 911 -memorial and the Day of Caring kickoff. He
.. ,.
has read 59" interesting articles and one in the latest issue of National Geographic
concerned Water supplies that noted only 1% of the world's water resource being
available for..:.....ultivation and human consumption, as well as how aquifers are being
depleted. ether article of interest had to do with election year politicking that was in
the last issue of Western Cities Magazine. He will provide Council with a copy of the
argyleend he encouraged all of Council to read it. He explained that not only does the
arty talk about politicking, but it also talks about general conduct during Council
....................
meetings and being respectful of each others' time and respectful to the public as far as
being responsible with the comments that people make and being factual. He
Regular City Council Meeting
September 18, 2002
Page 14 of 15
encouraged Council to read and consider how important it is to be efficient during
meetings because quite often it discourages the public from wanting to participate.
10. CITY MANAGER/CITY CLERK REPORTS
None.
11. CLOSED SESSION
a. Conference with Labor Negotiator G.C. §54957.6
Employee Negotiations: Misc. Unit Memorandum of Understning
Labor Negotiator: Candace Horsley, City Manager
No closed session.
Marie Ulvila, City Clerk
Regular City Council Meeting
September 18, 2002
Page 15 of 15
ITEM NO. 6a
DATE: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF ELECTRIC UNIT/IBEW CONSOLIDATED
MEMORANDUM OF UNDERSTANDING DOCUMENT
The City of Ukiah and the Electric Unit agreed in their 2001 — 2004 Memorandum of
Understanding (MOU) to compile a consolidated MOU, reflecting in one document all past
memoranda of understanding relative to this bargaining unit. The consolidated document
is comprised of all past MOU's, which have previously been approved by City Council.
Although Council has approved each of the past MOU's included within the consolidated
MOU, staff is requesting Council's approval of the consolidated document. This item is
also agendized under Closed Session if Council wishes to pull it from the Consent
Calendar for discussion. (The consolidated MOU is included in Council's "Closed Session"
packet.)
RECOMMENDED ACTION:
Approve the Electric Unit/IBEW Consolidated Memorandum of Understanding
Document as compilation of all past approved Memoranda of Understanding for this
Unit.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Do not approve Electric Unit/IBEW Consolidated MOU Document.
2. Refer to Staff for amendments.
Requested by: Electric Unit/IBEW
Prepared by: Melody Harris, Personnel Officer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Electric Unit/IBEW Consolidated Memorandum of
Understanding
APPROVED: L=
Candace Horsley, City Mh ager
3:MOUVWSRCONSMOU
NOTE:
Attachment #1: Electric Unit/IBEW Consolidated
Memorandum of Understanding has been provided
to the City Council for possible discussion in Closed
Session (Item #13b). Should the City Council
approve this item in the Consent Calendar (Na), the
document would then be available for public review.
Marie Ulvila, City Clerk
ITEM NO.
DATE:
AGENDA SUMMARY REPORT
we
October 2, 2002
SUBJECT: REPORT TO CITY COUNCIL REGARDING AWARD OF CONTRACT TO PROSEED
TO PERFORM HYDROSEEDING OF LANDFILL SLOPES TO CONTROL EROSION
SUMMARY:
Pursuant to the requirement of Section 1522 of the Municipal Code, staff is filing with the City Council
this report regarding the award of a contract to Proseed, of Philo, California to perform hydroseeding
of areas of the landfill slopes that have been identified by staff as being subject to damage by
erosion.
The work includes ten acres of hydroseeding and four acres to be covered with straw and a tackifier
emulsion. Requests for Proposals (RFPs) were sent to eight contractors that had expressed interest
in performing this type of work for the City. Four proposals were received ranging form $5,900 to
$15,844.
The lowest responsive bid was received from Proseed. Proseed has consistently responded to the
City's RFPs for this type of work and has performed this work annually for the City for several years.
The company performs its work in a timely and workmanlike manner and cooperates fully when
working with staff.
RECOMMENDED ACTIONS:
Receive report regarding award of contract to Proseed to perform hydroseeding of landfill slopes to control
erosion.
ALTERNATIVE COUNCIL POLICY OPTION: None
Requested by: Diana Steele, Director of Public Works/City Engineer
Prepared by: Diana Steele, Director of Public Works/City Engineer
Coordinated with: Candace Horsley, City Manager
Attachments:
1. Summary of Bids Received September 18, 2002
2. Fiscal Year 2002/2003 Budget Sheet
APPROVED:
Candace Horsley, City Nanager
CITY OF UKIAH
300 SEMINARY AVENUE ATTACHMENT 1
UKIAH, CA 95482-5400
(707) 463-6217 (City Clerk's Office)
BID OPENING FOR: LANDFILL EROSION CONTROL
SPECIFICATION NO.
DATE: September 18, 2002
TIME: 2:00 p.m.
COMPANY
AMOUNT
1. CAGWIN & DORWARD
P. O. BOX 1600 ��
NOVATO, CA 94948-1600
2. PROSEED
967 HIGHWAY 128
PHILO, CA 95466
/DSO
Marie Ulvila, City Clerk
Bids: Landfill Erosion Control
/°
CITY OF UKIAH
ENTERPRISE FUND
SOLID WASTE DISPOSAL SITE
FISCAL YEAR 2002-2003
110 Salaries Regular $ 70,669
.000 1 Public Works Director/City Engineer 25% (60% Engineering & Administration, 15% Street Maintenance)
1 Deputy Public Works Director 10% (60% Engineering & Administration, 25% Street Maintenance, 5% Garage)
1 Public Works Maintenance 1 100%
141-156 Employee Benefits $ 10,134
.000 Retirement, Workers Compensation Insurance, Group Insurance, Unemployment Insurance, FICA, Medicare.
210 Utilities $ 7,480
.000 Leachate treatment cost at the Wastewater Treatment Plant ($3,000); share of utilities at Civic Center ($480); electricity
for leachate pumps and gas extraction blower system ($4,000).
250 Contractual Services $ 94,000
.000 Pond reconfiguration ($15,000), Baker tank and piping ($15,000) $ 30,000
.003 Re -seeding, erosion control (hydroseeding five acres) $ 19,000
.005 Monitoring and testing by private laboratory $ 45,000
291 General Governmental Charges $ 80,589
.000
300 City -owned Equipment Rental $ 300
.000 Water Department backhoe rental (5 weeks).
302 Equipment Maintenance and Repairs $ 50000
.000
305 Building Maintenance $ 1,525
.000 Solid Waste Disposal Site function's share of the maintenance of the Civic Center facility.
310 Private Equipment Rental $ 10,000
.000 Water truck backup ($2,000); D6 Dozer for slope work ($10,000); miscellaneous equipment rental ($3,000).
Page 171
Item No. 8a
Date: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: Adoption of the Urban Water Management Plan and related Resolution.
REPORT: In 1982, the California Legislature approved Part 2.6 of Division 6 of the
California Water Code "Urban Water Management Planning Act", which required utilities
serving more than 3,000 customers or providing more than 3,000 acre-feet of water per year
to prepare a Water Management Plan to promote water conservation and efficient water use.
Two amendments to the Urban Water Management Planning Act were signed into law on
October 9, 2001 and became effective beginning January 1, 2002. SB 610 and AB 901
require; a utility identifying groundwater as a source to provide a detailed description of the
groundwater basin and, if required, plans to eliminate any long-term overdraft in the basin;
utilities must provide a description of water supply projects and programs that will help
utilities meet projected water demands and include information on the quality of the water
supply sources. Before filing the Urban Water Management Plan with the State of California,
the City must hold a public hearing to receive public comment on the Plan.
Urban Water Management Plans are due ever five .years. This Water Management
Plan was due by December of 2000. Completion and adoption of this plan will satisfy that
requirement. In addition, efficient use of urban water supplies is extremely important to the
City of Ukiah. As a result, the City intends to use this Urban Water Management Plan to
compare City water supplies with water demands, identify and implement urban water
conservation practices, analyze the possibility of a drought -induced urban water shortage
and plan various management procedures to be implemented during both normal and
emergency conditions.
( Continued on Page 2 )
RECOMMENDED ACTION: Adopt the Urban Water Management Plan and related
Resolution.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject Adoption and define Alternative.
Citizen Advised: N/A
Prepared by: Darryl L. Barnes, Director of Public Utilities
Coordinated with: Candace Horsley, City Manager
Attachment:1) Urban Water Management Plan
2) Resolution adopting the Urban Water Management Plan
APPROVED:
Candace Horsley,
Page 2
This Urban Water Management Plan compares past, current and projected City water
supply and demands; identifies a hypothetical three-year worst case drought scenario and
its effect on City urban water supplies; discusses existing and anticipated demand
management measures; evaluates a water shortage contingency plan; provides a response
to an urban water shortage emergency; and reviews City use of recycled water.
Staff recommends the adoption of the Urban Water Management Plan and the
related Resolution.
FOR FURTHER INFORMATION
REGARDING THIS ITEM, PLEASE
REFER TO THE CITY COUNCIL
PACKET (BINDER) AT THE FRONT
COUNTER OR CONTACT THE
CITY CLERK'S OFFICE.
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ATTACHMENT._
RESOLUTION NO. 2003 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADOPTING URBAN WATER MANAGEMENT PLAN
WHEREAS, the California Legislature enacted Assembly Bill 797 (Water Code
Section 10610 et seq., known as the Urban Water Management Planning Act) during the
1983-1984 Regular Session, and as amended subsequently, which mandates that every
supplier providing water for municipal purposes to more than 3,000 customers or supplying
more than 3,000 acre -fee of water annually, prepare an Urban Water Management Plan,
the primary objective of which is to plan for the conservation and efficient use of water; and
WHEREAS, the City of Ukiah is supplier of water providing urban water to over
5,000 connections, and
WHEREAS, the Plan shall be periodically reviewed at least once every five years,
and that the City shall make any amendments or changes to its plan which are indicated by
the review; and
WHEREAS, California Department of Water Resources requires the Plan be
adopted by end of 2000, after public review and hearing, and filed with the California
Department of Water Resources within 30 days of adoption; and
WHEREAS, the City has, therefore, prepared and circulated for public review a draft
Urban Water Management Plan, and a properly noticed public hearing regarding said Plan
was held by the City of Ukiah City Council on October 2, 2002, and
WHEREAS, the City did prepare and shall file said Plan with the California
Department of Water Resources in November 2002;
NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council as follows:
1. The Urban Water Management Plan, 2002 Update, is hereby adopted and ordered filed
with the City;
2. The Clerk of the City Council is hereby authorized and directed to file the Urban Water
Management Plan, 2002 Update, with the California Department of Water Resources
within 30 days after this date;
Resolution No. 2002-44
Page 1 of 2
PASSED AND ADOPTED by the City Council of the City of Ukiah at a regular meeting
of said City Council, held on the 2nd day of October 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Marie Ulvila, City Clerk
Clerk: Res./2003 Urban Water Management Plan
Phillip Ashiku, Mayor
Resolution No. 2002-44
Page 2 of 2
ITEM NO. 8b
DATE: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION OF ORDINANCE AMENDING DIVISION 6, CHAPTER 3, ARTICLES
1 AND 2, AND CHAPTER 6 OF THE UKIAH MUNICIPAL CODE, ENTITLED, FIRE
PREVENTION CODE AND OUTDOOR BURNING CODE
The Ukiah Fire Department is proposing to amend the Ukiah Municipal Code to incorporate updates to
the 2001 California Fire Code (CFC). The last update to this section of the City Code was adopted by
the City Council on May 5, 1999 by Ordinance No. 1018 and codified into the City's Municipal Code.
Recommended revisions to the Code are attached for consideration and approval.
A review of the changes in the CFC 2001 base document has been completed and is provided.
• There are extensive minor changes where a specific reference to a section in the building
code has been deleted. These sections now refer users to "the building code", not a
specific section.
• Part IV, article -24, is now titled Special Occupancy Uses, where it was previously Airports,
Heliports, and Helistops. This part of the code addresses aircraft and aviation operations.
• Article -26, which covered Bowling Alleys, has been deleted.
• Article -51, Semiconductor Fabrication Facilities, has redefined the hazardous type
occupancies.
• Article -52, Motor Vehicle Fuel -Dispensing Stations has increased safety of aboveground
tanks through separation and construction improvements.
Continued on page 2
RECOMMENDED ACTION: Introduce Ordinance by Title Only.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: N/A
Prepared by: Chuck Yates, Fire Marshall
Coordinated with: Fire Chief Ron Cohn, City Manager Candace Horsley, and City Attorney David
Rapport.
Attachment: 1. Proposed Ordinance for Introduction.
APPROVED: °
Candace Horsley, City m4pager
City Clerk: Fire Code 2002
Continuation of 2001 California Fire Code changes:
• Article -77, Explosive Materials, has incorporated fireworks in their manufacturing, sales
and distribution requirements.
• Article -78, Fireworks and Pyrotechnic Special Effects Material, defines and limits the
amounts of materials that can be stored and used in special effects.
• Article -79, Flammable and Combustible Liquids, has modified bulk fuel transferring
operations.
• Article -86, Fire Protection Plan Urban-Wildland Interface (UWI) Areas, is a new (very
short) article which requires that a Fire Protection Plan (FPP) be created for new
developments in declared Urban-Wildland Interface (UWI) areas.
• Appendix II -K, Nonprotected Aboveground Steel Tanks for Private Motor Vehicle Fuel
Dispensing Stations Outside Buildings, is a new appendix. It delineates permit and safety
requirements, tank construction, installation, and design.
• Appendix III -D, Fire Department Access Guidelines, is also a new appendix. It provides
guidelines for access, parking, road widths, and dead ends for planned unit developments
or planned residential unit developments.
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 6, CHAPTER 3, ARTICLES 1 AND 2 OF THE
UKIAH MUNICIPAL CODE ENTITLED FIRE PREVENTION CODE
AND OUTDOOR BURNING
The City Council of the City of Ukiah hereby ordains as follows.
FINDINGS.
The City Council of the City of Ukiah finds:
1. The City of Ukiah periodically receives updates to the California Fire Code for
adoption into the Ukiah City Code.
2. The Fire Code amendments included herein reference the 2001 California
State Fire Code.
Accordingly, the City Council of the City of Ukiah does hereby ordain as
follows:
SECTION ONE:
Sections 5200 and 5216 of the Ukiah Municipal Code are hereby amended to
read as follows:
§5200: ADOPTION OF CALIFORNIA FIRE CODE: Adoption of the California
Fire Code, 1998 2001 Edition, including all appendices, standards and references,
inclusive, as compiled and published by the International Fire Code Institute,
International Conference of Building Officials, and the Western Fire Chief's Association,
Inc. This adoption shall include all amendments which shall be made to the California
Code of Regulations, title 24, part 9, as approved by the California Building Standards
Commission, and referred to as the California Fire Code. Said California Fire Code,
three (3) copies of which have been filed for use and examination by the public in the
office of the City Clerk, is hereby referred to, and, except as to omission, amendments
and additions hereinafter noted, is hereby adopted and made a part hereof, as if fully
set forth in this Article.
§5216: Section 1003.2.1 —Where Required.
For special provisions on GhemiGal and m n,
special hazards and hazardous materials, see Section 1001.9 and Articles 79, 80,
81.
Ordinance No.
Page 1 of 2
SECTION TWO:
This Ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
SECTION THREE:
This ordinance shall become effective 30 days after it is adopted.
This Ordinance was introduced by title only at a regular City Council meeting on
October 2, 2002, by the following roll call note.
AYES:
NOES:
ABSTAIN:
ABSENT:
This Ordinance was adopted on , 2002, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Marie Ulvila, City Clerk
Phillip Ashiku, Mayor
Ordinance No.
Page 2 of 2
ITEM NO: 9a
DATE: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF COMMERCIAL PROPERTY MAINTENANCE ORDINANCE
SUMMARY: On September 18, 2002, the City Council considered a number of modifications to the
proposed Commercial Property Maintenance Ordinance, and after receiving public input, voted 4-1
to introduce the Ordinance.
Prior to introducing the Ordinance, the Council made a number of final modifications, which
included the following:
• Defining "commercial property" as all commercially zoned land.
• Adding the following language to Item 3402(G): Overgrown or dead, decayed or hazardous
vegetation which:
1. May harbor rats, vermin or other disease carriers;
2. Is an obstruction to the vision of motorists or a hazardous condition to pedestrians,
bicyclists, or vehicle traffic;
2. Constitutes a blighted appearance.
3. Constitutes a fire hazard as determined by the City Fire Marshal.
(Continued on page 2)
RECOMMENDED ACTION: Adopt the Commercial Property Maintenance Ordinance.
ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Ordinance and provide direction to
Staff.
Citizen Advised: Interested groups, organizations, and individuals.
Requested by: Planning and Community Development Department
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney
Attachments:
1. Commercial Property Maintenance Ordinance
APPROVED:
Candace Horsley, City anager
1
• Adding the following language to item 3402(M): Refuse or trash bins/dumpsters placed so
as to be visible from neighboring properties or streets, except for those times scheduled for
collection, or where infeasible.
The Ordinance has been prepared in final form and is ready for adoption.
RECOMMENDATION: Adopt the Commercial Property Maintenance Ordinance.
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF UKIAH, ADDING CHAPTER 11
TO DIVISION 3 OF THE UKIAH CITY CODE GOVERNING THE ABATEMENT
OF UNHEALTHY, UNSAFE, AND VISUAL BLIGHT CONDITIONS ON PRIVATE
COMMERCIALLY ZONED PROPERTY
Now, therefore, the City Council of the City of Ukiah does ordain as follows:
SECTION 1: Chapter 11 is hereby added to Division 3 of the Ukiah City Code, entitled:
Commercially zoned property Maintenance: Abatement of Unhealthy, Unsafe, and Visual
Blight Conditions on Private Commercially Zoned Property, to read as follows:
3400 Purpose and Scope.
A. In order to further the stated goals of the City of Ukiah to promote the health, safety,
and general welfare of the public by requiring a level of maintenance of private
commercially zoned property which will protect the livability, appearance and social
and economic stability of the City and to protect its citizens and their commercially
zoned property from conditions detrimental to property values and community
appearance, hazardous or injurious to the health, safety or welfare of the general
public, or which are offensive or annoying to the senses, the City Council has
determined that this Chapter is necessary to effectively abate or prevent the
development of such conditions in the City of Ukiah.
B. It is the intention of the City Council, in adopting this Chapter Codified herein, to set
forth guidelines for determining what conditions on private commercially zoned
property constitute a public health, safety, and visual blight problem; to establish a
method for giving notice of the conditions and an opportunity to correct them; and
finally in the event the public health, safety, and visual blight conditions are not
abated or corrected, to provide a procedure for a hearing and determination of the
facts and manner in which the conditions shall be corrected or removed.
C. It is the purpose of this Chapter to provide a fair and practical method, in addition to
any other remedy available at law, whereby commercially zoned property/buildings
which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris,
abandoned, or inoperable vehicles, machinery or equipment, or are a menace, or
hazard to life, limb, safety, health, property values, aesthetic standards or the
general welfare of the City of Ukiah, may be required to be repaired, renovated,
vacated, demolished, made safe, or cleaned up by removal of offensive conditions.
D. Another purpose of this Chapter is to provide a program for removal of graffiti from
walls and structures on private commercially zoned property, as well as public
property and to provide regulations designed to prevent and control the further
spread of graffiti in the City.
E. In addition to the abatement procedures provided herein, this Chapter declares
certain conditions to be public health, safety, and visual blight nuisances and that
continuance of such conditions shall be a misdemeanor.
- 1 -
F. This Chapter is not intended to enforce Conditions, Covenants, and Restrictions
(CC& R's) on property, nor to supersede them. This Chapter will be enforced
uniformly within the City regardless of CC& R's. Therefore, this Chapter does not
abrogate the right of any homeowners' association or private citizen to take action,
legal or as otherwise provided in the CC& R's, to force compliance with the CC& R's
applicable to their tract or association even though the CC&R provisions may be the
same, more restrictive or may not be covered by this Chapter.
G. Provisions of this Chapter are to be supplementary and complementary to all of the
provisions of the Ukiah City Code, state and federal law, and any law cognizable at
common law or in equity, and nothing herein shall be read, interpreted or construed
in any manner so as to limit any existing right or power of the City to abate any and
all public health, safety, and visual blight problems.
H. Notwithstanding the provisions of this Chapter, any condition which would constitute
a violation of this Chapter, but which is expressly authorized under any city, state or
federal law, shall not be deemed to violate this Chapter.
Every owner of real commercially zoned property within the city is required to
maintain such property in a manner so as not to violate the provisions of this
Chapter and such owner remains liable for violations thereof regardless of any
contract or agreement with any third party regarding such property. Every
occupant, lessee or holder of any interest in commercially zoned property, other
than as owner thereof, is required to maintain such property in the same manner as
is required of the owner thereof, and the duty imposed by this section on the owner
thereof shall in no instance relieve those persons herein referred to from the similar
duty.
3401 Definitions.
The following terms used in this Chapter shall have the following meanings:
A. "Commercially vehicle" means any motorized or non -motorized vehicle used or
maintained to transport property or goods for profit, or persons for hire or
compensation. This definition shall not include a commercially vehicle used as
the primary source of transportation by the person owning, leasing, occupying
or having charge of any such vehicle;
B. "Blighted" means deteriorated, impaired, or dilapidated.
C. "Cost of Abatement" means the total cost incurred by the City in connection
with the abatement of a public health, safety, or visual blight nuisance
including, but not limited to:
1. Any cost incurred in removing or remedying a public health, safety, or visual
blight nuisance;
2. The following costs and fees of the City Staff for administrative services
rendered by the City in connection with the inspection, notification,
prosecution, and abatement procedures authorized by this Chapter:
a. Notice and order, appeal and termination fees (as defined in Section
3417.A) in such amounts as are determined from time to time by
-2-
resolution of the City Council, provided said fees are based on a
measurable estimate of the actual costs of services rendered by the
department from the time of the initial complaint intake for the
purpose of documenting a violation of this Chapter until the violation
is corrected;
b. Any attorney's fees incurred by the City in the abatement of the
health, safety, or visual blight nuisance, through civil action or other
wise;
C. If not already included in the fees established under subsection 3,
the cost of printings and mailings required under this Chapter;
d. All costs or expenses to which the City may be entitled pursuant to
Health and Safety Code Section 510 and other statutory entitlement;
such fees to be established or revised from time to time by
Resolution of the City Council;
e. All costs and expenses for which the City may be liable under state
law arising from or related to the health, safety, or visual blight
nuisance.
3. Any cost incurred by the City in collecting the costs enumerated in
subsections 1 and 2 of this definition.
D. "Inoperative vehicle" means any motor vehicle which cannot be moved under
its own power, or cannot be operated lawfully on a California public street or
highway, due to removal of, damage to, or inoperative condition of any
component part or the lack of an engine, transmission, wheels, tires, doors,
windshield or any other part necessary for such movement or lawful operation.
E. "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvaged,
scrapped, unusable, worn-out or wrecked object, thing or material or
substance, having no substantial market value.
F. "Owner" as used herein means any person(s) shown as the property owner on
the latest equalized property tax assessment rolls, or in the case of a vehicle,
any person(s) shown on the last registration of the vehicle, or if that information
is not ascertainable, the owner shall be deemed to be the occupant of the
property on which the vehicle is located.
G. "Property" means premises.
H. "Vehicle" shall be defined as set forth in Section 670of the Vehicle Code of the
State of California. Any vehicle that is abandoned, wrecked, dismantled or
inoperative, or any part thereof, located on any private property, or public
property, excluding highways, in the city is declared to be a public nuisance.
The term "vehicle" shall not include:
1. A vehicle or part thereof which is completely enclosed within a building in a
lawful manner, where the same is not visible from the street or other public
or private property, and/or
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2. A vehicle or part thereof which is stored or parked in a lawful manner on
private property in conjunction with the lawful business of a licensed
dismantler, licensed vehicle dealer or a junkyard.
3402 Prohibited Health, Safety, and Visual Blight Nuisances
It shall be unlawful, and it is hereby declared to be a public nuisance, for any person
owning, leasing, occupying, or having charge of any commercially zoned business or
commercially zoned property within the City of Ukiah, to maintain such premises in such a
manner that any one or more of the conditions or activities described in the following
subsections are found to exist:
A. Any violation of the City of Ukiah Municipal Code.
B. Land, the topography or configuration of which, in any man-made state, whether as
a result of grading operations, excavations, fill, or other alteration, interferes with the
established drainage pattern over the property or from adjoining or other properties
which does or may result in erosion;
C. Buildings or structures which are partially destroyed, abandoned or permitted to
remain in a state of partial construction for more than six (6) months, or beyond any
period of extension, after the issuance of a building permit;
D. The failure to keep locked and secured from public access all doorways, windows
and other openings into vacant or abandoned (not occupied or in use) buildings or
structures. For purposes of this subsection vacant or abandoned buildings or
structures, including walls, retaining walls, fences or structures, or building, walls,
fences or structures upon which the condition of the paint has become so
deteriorated as to permit decay, excessive checking, cracking, peeling, chalking,
dry rot, warping or termite infestation;
E. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti
is allowed to remain for more than five (5) calendar days;
F. Broken or cracked windows, windows boarded -up with unpainted materials
attached to the exterior of the building, or unattractive products adhered to/covering
the inside of the window, unless the structure is undergoing a remodeling project.
The property owner can have 30 to 90 days to correct the problem with the
submittal and approval of a reasonable improvement strategy/plan.
G. Overgrown or dead, decayed or hazardous vegetation which:
1. May harbor rats, vermin or other disease carriers;
2. Is an obstruction to the vision of motorists or a hazardous condition to
pedestrians, bicyclists, or vehicle traffic;
3. Constitutes a blighted appearance.
4. Constitutes a fire hazard as determined by the City Fire Marshal.
H. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls,
fences, or driveways which are defective, broken, torn, cracked, dilapidated, or in
other similar blighted conditions. If that condition is readily visible from any public
street or adjacent parcel of property and is unsightly so as to constitute a blighted
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condition detrimental to the property values in the immediate surrounding area or
otherwise be detrimental to the public welfare;
Except where construction is occurring under a valid permit, any placing, keeping,
storage, depositing or dumping or accumulation on any lot, parcel or tract of land,
improved or unimproved, or any litter consisting of garbage, refuse, trash, dirt,
refuse, litter, garbage, feces, gravel, concrete or other similar materials, or debris,
and all other waste material, whether by natural or man-made causes, and whether
intentionally that constitute visual blight or reduces the aesthetic appearance of the
neighborhood or is offensive to the senses or is detrimental to nearby property or
property values;
J. Except where construction is occurring under a valid permit if a permit is required,
the keeping, storage, depositing, or accumulation on the premises of any personal
property which is within the view of persons on adjacent or nearby real property or
the public right-of-way when suchersonal
p property constitutes visual blight,
reduces the aesthetic appearance of the immediate surrounding area, is offensive
to the senses, or is detrimental to nearby property or property values. Personal
property includes, but is not limited to, junk as defined in Section 3401 herein,
abandoned, wrecked, broken or neglected equipment and machinery, or dismantled
automobiles or unseaworthy boats or vessels, automotive parts and equipment,
appliances, furniture, containers, packing materials, scrap metal, wood, pools,
ponds, excavations, abandoned wells, shafts, basements or other holes,
abandoned refrigerators or other appliances, abandoned or inoperable motor
vehicles, any unsound structure, or accumulated lumber, trash, garbage, building
materials, rubbish and debris, wood and building materials being used, or to be
used, for a project of construction, repair or renovation and for which an active
building permit is in existence, if required, may be stored for as long as is necessary
to complete the project expeditiously. Upon expiration or cancellation of the permit
or completion of the project, if a permit is not required, wood and building materials
for the project must be immediately removed;
K. Parking lots that have broken pavement, large cracks, potholes, weeds growing
through cracks, or other similar blighted conditions;
L. Keeping construction debris storage bins stored in excess of fifteen (15) days on a
public street or any front or sideyard area without the express approval of the City
manager or his designee;
M. Refuse or trash bins/dumpsters placed so as to be visible from neighboring
properties or streets, except for those times scheduled for collection, and where
infeasible.
N. Any property with accumulations of grease, oil or other hazardous material on
paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which
any such material flows or seeps on to any public street or other public or private
property; any front yard, or parkway.
O. Any area in front of a commercially zoned building or property which lacks turf,
other planted material, decorative rock, bark, or similar landscaping
treatment/materials, unless there is no area in front of the building to place these
materials.
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P. Vegetation overgrowth which encroaches into, over or upon any public right-of-way
including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a
danger to the public safety or property or any impediment to public travel;
Q. Use of parked or stored recreational vehicles as living space on commercially
zoned property;
R. Animals, livestock, poultry or bees kept, bred or maintained for any purpose (other
than a legally permitted kennel, pet store, or approved temporary use such as a
circus) and in violation of any provision of the Ukiah City Code;
S. Any building or structure which is structurally unsafe or which lacks adequate
ventilation, sanitation or plumbing facilities or not provided with adequate egress, or
which constitutes a fire hazard as determined by the Fire Marshal, or other hazard
to safety, health or public welfare;
T. Except where construction is occurring under a valid permit, the dumping of any
waste matter in or upon any public or private street, highway, right-of-way, or in or
upon any private property, or in or upon any public park or any public property other
than property designated or set aside for that purpose by the governing board or
body having charge of that property.
U. Any other condition declared by any State, County, or City statute, code or
regulation to be a public nuisance.
V. Inoperable or abandoned trailers, campers, boats or vehicles located on
commercially zoned property in view from the public right -of way.
W. Dismantling, disassembling, building, remodeling, assembling, repairing, painting,
washing, cleaning or servicing of any personal property such as, but not limited to,
vehicles, boats, trailers, machinery, equipment, appliances, furniture or other
personal property, for a period in excess of seventy-two (72) consecutive hours,
unless associated with a legally permitted land use.
X. Any dangerous, unsightly, or blighted condition which is detrimental to the health,
safety or welfare of the public;
Y. Any condition recognized in law or in equity as constituting a public nuisance;
Z. Any illegal activity occuring on property. For purposes of this Chapter, illegal
activity is defined as any violation of State or Federal laws, rules or regulations, or
local Ordinance.
AA. Failing or ceasing to satisfy or violating any condition associated with or imposed in
connection with an approval relating to land, while making use of the special
entitlement granted by such permit, including, but not limited to, variances,
conditional use permits, subdivisions and site plans;
BB. Signs, both on-site and off-site (billboards), which are otherwise lawful but
maintained in a broken, dilapidated, and/or abandoned condition;
CC. Temporary signs that advertise or are related to events which have already taken
place;
DD. Allowing any unlawful condition or activity to exist in a structure;
EE. The erection, construction, enlargement, alteration, repair, moving, demolishing or
conversion of any building, structure or utility service connection without first
obtaining all required permits from the appropriate city department;
FF. Outdoor sales being conducted without required permit(s).
3403 Right of Entry.
To the extent, and as authorized by law, the City Manager or his/her designee may enter
on property at reasonable times to make inspections in connection with the administration
and enforcement of this Chapter.
3404 Notification of property owner that a declared nuisance exists on property.
Whenever the City Manager or his/her designee finds that a condition declared a public
nuisance, as defined by Section 3402, exists on any premises located within the City, he
shall advise the property owner of the nuisance and direct the owner to abate the nuisance.
The property owner shall be notified of the existence of the nuisance in writing. The
notification shall describe the violations and establish a reasonable abatement period, and
may also set forth suggested methods of abatement
3405 Voluntary abatement of nuisances by property owner.
The owner or tenant of any building, structure or property found to be a nuisance under the
provisions of this Chapter may abate the nuisance at any time within the abatement period
by rehabilitation, repair, removal or demolition as appropriate. The City shall be advised of
the abatement and shall inspect the premises to ensure that the nuisance has in fact been
abated.
3406 Failure of property owner to voluntarily abate a declared nuisance.
If a nuisance is not properly abated within the period established under the provisions of
Section 3405, or if required permits are not properly secured, the City Council shall hold a
public hearing to determine if the declared nuisance should be abated under the police
powers of the City.
3407 Notice of Public Hearing — Required
A. A written notice of public hearing, substantially in the form contained in this Section
3407, Subsection B, shall be served at least ten days prior to the date set for the
City Council public hearing.
B. Service of the notice and order may be made upon all persons entitled thereto
either by personal delivery or by certified mail, addressed to the record owner and
business owner at his or her or their address as it appears on the latest equalized
assessment roll of Mendocino County, or as known to the City Manager. A copy of
the notice and order and any amended or supplemental notice and order shall also
be posted on the premises.
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1. In lieu of personally serving the owner or service by certified mail, service of
the notice and order and any amended or supplemental notice and order
may be made as follows:
(a) In the event that the person entitled to service refuses to accept
certified return receipt mail or cannot be personally served, service
may be made by substituted service.
Substituted service may be accomplished as follows: (1) by leaving
a copy during usual business hours in the recipient's business with
the person who is apparently in charge, and by thereafter mailing by
first-class mail a copy to the recipient where the copy was left; (2) by
leaving a copy at the recipient's dwelling or usual place of abode, in
the presence of a competent member of the household and
thereafter mailing by first-class mail a copy to the recipient at the
address where the copy was left.
(b) In the event the person entitled to service refuses to accept certified
return receipt mail or cannot be personally serviced and has a
property manager or rental agency overseeing the premises,
substituted service may be made as set forth in subsection 1(a) of
this section upon the property manager or rental agency.
(c) If the person entitled to service lives out of state and will not accept
certified return receipt mail, then service may be made by first-class
mail.
(d) If the person entitled to notice cannot be located, or service cannot
be effected as set forth in this section, service may be made by
publication in a Mendocino County newspaper of general circulation,
which is most likely to give actual notice of the order to the person.
Service shall be deemed sufficient when it is accomplished pursuant
to Government Code Section 6063.
C. The failure of any such person to receive such notice and order shall not affect the
validity of any proceedings taken under this section. Service by certified mail or first
class in the manner herein provided shall be effective on the date of mailing.
Service by publication shall be effective on the date of first publication. Service by
personal service shall be effective upon delivery. Service by substitute service shall
be effective from the date the mailing a copy of the order after substitute service.
3408 Notice of public hearing -form.
Notice substantially in the following form shall be given:
NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC
NUISANCE AND TO ABATE IN WHOLE OR IN PART
Notice is hereby given that on (insert date) the City Council of the City of Ukiah will hold a
public hearing at (insert place) to ascertain whether certain premises situated in the City of
Ukiah, State of California, known and designated as (insert address or description) to
constitute a public nuisance subject to abatement by the rehabilitation of such premises or
by the repair or demolition of buildings or structures situated thereon. If said premises, in
ME
whole or part, are found to constitute a public nuisance as defined by Section 3402 and if
the same are not promptly abated by the owner, such nuisances may be abated by
municipal authorities, in which case the cost of such abatement, including removal of the
nuisance, rehabilitation, repair or demolition will be assessed upon such premises and such
cost will constitute a lien upon such land until paid.
Said alleged violations consist of the following:
Said methods of abatement available are:
All persons having any objection to, or interest in, said matters are hereby notified to attend
a hearing before the City Council of the City to be held on (insert date and time) when their
testimony and evidence will be heard and given due consideration
DATED (insert date)
City Manager of the City of Ukiah
3409 Protest must be filed.
Any person contesting the existence of a nuisance shall file a written protest or objection
with the City Manager at least two days prior to the date specified in the notice given
pursuant to Sections 3407 and 3408 of this Chapter. Each written protest or objection must
contain a description of the property and the grounds of the protest or objection.
3410 Hearing -Proceedings
At the time and place stated in the notice of public hearing, the City Council shall hear and
consider all relevant evidence, objections or protests, and shall receive testimony from
owners, witnesses, City personnel and interested persons relative to such alleged public
nuisance and to proposed abatement measures. The hearing may be continued from time
to time.
3411 Hearing -Decision.
A. Upon the evidence presented, the City Council shall determine whether the
premises or any part thereof, as maintained, constitutes a nuisance within the
meaning of Section 3402.
If the City Council finds that the same constitutes a nuisance, it shall order the same
abated within a reasonable time, which time shall be determined by the City
Council.
B. The City Council's decision shall be by written order, which shall contain the
findings of the City Council upon which such determination is based. If said
nuisance is not abated within the time permitted by the City Council, the City
Manager/designee is authorized to enter upon the premises for the purposes of
abating the same, as hereinafter provided.
3412 Time limitation for filing judicial action.
Any aggrieved person who has exhausted all administrative remedies may bring any action
to contest the City Council's decision, provided said action is filed with a court of competent
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jurisdiction within thirty days after the date of mailing such decision. Any aggrieved person
to whom a copy of the decision is not mailed by first class mail must file said action within
90 days of the date the decision was made by the City Council. Any action filed later than
the time required by this Section shall be barred from further prosecution.
3413 Service of abatement order.
Upon issuance of the City Council's written decision, the City manager/designee shall post
a copy thereof conspicuously on the premises involved and shall serve a copy upon the
record owner by first class and one copy shall be mailed to each of the following, if known
to the department head or disclosed from official public records: the holder of any mortgage
or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of
record; and the holder of any other estate or legal interest of record in the premises.
3414 Abatement by property owner in conjunction with order.
The property owner, or person having charge or control of the property, may at his own
expense, abate the nuisance as prescribed by the order of the City Council prior to the
expiration of the abatement period set forth in the order. If the nuisance has been
inspected by the City and had been abated in accordance with the order, proceedings shall
be terminated.
3415 Extension of date for completion.
A. Upon receipt of an application from the person required to conform to the order by a
date fixed in the order, and an agreement by such person that he or she will comply
with the order if allowed additional time, the City Manager/designee may, in his or
her discretion, grant an extension of time, not to exceed an additional one hundred
twenty (120) days, within which to complete such abatement, if the City
Manager/designee determines that such an extension of time will not create or
perpetuate a situation imminently dangerous to life or property, and is otherwise in
the public interest.
B. The authority of the City Manager/designee to extend time is limited to the physical
abatement of the nuisance or for such other purposes as may be reasonably
required by the circumstances of the case, but such extension will not in any way
affect or extend the time to legally challenge the order.
3416 Enforcement of abatement order.
A. After any notice and order issued pursuant to this Chapter shall have become final,
no person to whom any such order is directed shall fail, neglect or refuse to obey
any such order. Any person who fails to comply with any such order or decision
after notice thereof is guilty of a misdemeanor.
B. If, after any notice and order has become final, the person(s) to whom such order
has been directed shall fail, neglect or refuse to obey such order after notice
thereof, the City Manager/designee may, without further notice;
Refer the person for criminal prosecution;
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2. Institute an appropriate action to abate the conditions that constitute a public
nuisance. The City Manager or his designee may cause the same to be
abated by City forces or a private contractor.
3. Whenever the City Manager or his designee determines that a public
nuisance is so imminently dangerous to life or adjacent property that such
condition must be immediately removed, repaired or isolated, the City
Manager/designee shall notify such person, or persons, of the danger
involved and require that such condition be immediately removed, repaired
or isolated so as to preclude harm to any person or property.
(a) Notice. The City Manager or his/her designee shall attempt to make
contact through a personal interview, or by telephone, with the
owner of the property or the person, if any, occupying or otherwise in
real or apparent charge of the property. The City Manager/designee
shall notify such person, or persons, of the danger involved and
require that such condition be immediately removed, repaired or
isolated so as to preclude harm to any person or property.
(b) Abatement. If the City Manager or his/her designee is unable to
make contact as hereinabove noted, or if the appropriate persons
after notification by the City Manager or his designee do not take
action within such time as may be specified by such official, then the
City Manager/designee may take all actions deemed necessary in
order to protect the public from harm to remove, repair or isolate
such dangerous condition or conditions, with the use of City forces
or a contractor engaged pursuant to the provisions of this Chapter.
3417 Record of costs of abatement -Duty to maintain -Service upon property
owner.
A. If abatement action is taken by the City, all costs of the abatement will be assessed
against the property and will attach as a lien until paid.
Costs of expenses for which the City may be reimbursed shall begin to accrue at
the time the City first receives a complaint regarding a problem on the property.
The costs of abatement shall include the total City cost of inspections and
enforcement (excluding the actual costs of abatement which shall be itemized as
set forth in subsection B), which shall be set by resolution of the City Council. An
additional fee which shall be set by resolution of the City Council shall be imposed
on the owner of the property at the conclusion of any matter in which a notice and
order has been issued. This termination fee shall be calculated to recover the cost
of closing the file, removing or placing liens, and other associated administrative
costs. Costs shall be assessed at the conclusion of the abatement provided,
however, in the case of the abatement by any method which takes more than six
months, costs may be assessed at any time after six months, but in no event more
than two times a year.
Costs and expenses may be recovered even if the nuisance is corrected voluntarily,
subsequent to the issuance of an abatement order. No fees shall be due and owing
if an appeal is filed and the appeal is sustained. All fees shall be a personal
obligation of the owner and a lien upon the property and are due and payable within
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thirty (30) days of issuance of the notice and order or closing of the file respectively;
provided that if an appeal is filed, the fees shall be due and payable upon a final
decision on the appeal. Any fee not paid within that time shall be payable to the
City.
B. The City Manager/designee shall keep an account of the costs (including incidental
expenses) of abating such nuisance on each separate lot or parcel of land where
the work is done and shall render an itemized billing to the property owner which
shall be due and payable within thirty days. If the owner refuses or neglects to pay
the bill, a itemized report in writing shall be made to the City Council showing the
cost of abatement and the rehabilitation, demolishing or repairing of said premises,
building or structures, including any salvage value relating thereto; provided, that
before said report is submitted to the City Council a copy of the same shall be
mailed together with a notice of the time when said report shall be heard by the City
Council for confirmation.
C. The City Council shall set the matter for hearing to determine the correctness or
reasonableness, or both, of such costs, and shall serve notice thereof.
D. Proof of said service shall be made by declaration under penalty of perjury filed with
the City Clerk.
3418 Record of abatement cost hearing and proceedings.
At the time and place fixed for receiving and considering the report, the City Council shall
hear and pass upon the reports of such costs of abatement, together with any objections or
protests raised by any of the persons liable to be assessed for the cost of abating the
nuisance.
Thereupon, the City Council may make such revision, correction or modification in the
report, as it may deem just, after which, by motion, the report, as submitted or as revised,
corrected or modified, shall be confirmed. The hearing may be continued from time to time.
The decision of the City Council on all protests and objections which may be made shall be
final and conclusive.
3419 Nuisance abatement lien.
A. If the nuisance abatement and related administrative costs are not paid within five
days after the City Council confirms the costs of abatement, the City shall notify the
owner of record of the parcel of land on which the nuisance is maintained, based on
the last equalized assessment roll or the supplemental roll, whichever is more
current, that a nuisance abatement lien will be recorded. The notice shall specify
the amount of the lien, the name of the City, the date of the abatement order, the
street address, the legal description and the Assessor's Parcel Number of the
parcel on which the lien is imposed, and the name and address of the owner of the
parcel. The notice shall be served in the same manner as a summons in a civil
action in accordance with Article 3 (commencing with Section (415.10) of Chapter 4
of Title 5 of part 2 of the Code of Civil Procedure. If the owner of record after
diligent search cannot be found, the notice may be served by posting a copy thereof
in a conspicuous place upon the property for a period of ten days and publication
thereof in a newspaper of general circulation published in Mendocino County
pursuant to Section 6062 of the Government Code. The notice of lien shall be in
substantially the form provided in Section 3420(B).
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B. After notice is given in accordance with subsection A of this section, the notice of
lien shall be recorded in the Mendocino County recorder's office and shall thereafter
constitute a lien on the real property for the expense of the abatement, and the
related administrative costs (assessed in accordance with Section 3417(A) together
with interest thereon.
C. In the event the lien is discharged, released or satisfied, either through payment or
foreclosure, notice of the discharge containing the same information as the notice of
lien shall be recorded in the Mendocino County recorder's office.
D. The City may enforce the nuisance abatement lien by an action for a money
judgment.
3420 Assessment of abatement costs against property.
A. As an alternate to the procedure set forth in Section 3419, the City may use a
special assessment procedure to collect the abatement costs. The total cost for
abating such nuisance, as so confirmed by the City Council, shall constitute a
special assessment against the respective lot or parcel of land to which it relates,
and upon recordation in the office of the county recorder of a notice of lien, as so
made and confirmed, shall constitute a lien on said property for the amount of such
assessment.
1. After such confirmation and recordation a copy may be turned over to the
tax collector for the county, whereupon it shall be the duty of the tax
collector to add the amounts of the respective assessments to the next
regular tax bills levied against said respective lots and parcels of land for
municipal purposes, and thereafter said amounts shall be collected at the
same time and in the same manner as ordinary municipal taxes are
collected, and shall be subject to the same penalties and the same
procedure under foreclosure and sale in case of delinquency as provided of
ordinary municipal taxes; or
2. After such recordation, such lien may be foreclosed by judicial or other sale
in the manner and means provided by law.
B. Such notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
(Claim of City of Ukiah)
Pursuant to the provisions of Chapter 11 of the City of Division 3 of the City Code of
Ukiah, the City Manager (or his/her designee) of the City of Ukiah did on or about
(insert date), cause the premise hereinafter described to be rehabilitated or the
building or structure on the property hereinafter described, to be repaired or
demolished in order to abate a public nuisance on said real property; and the City
Council of the City of Ukiah did on (insert date), assess the cost of such
rehabilitation, repair, or demolition upon the real property hereinafter described; and
the same has not been paid nor any part thereof; and that said City of Ukiah does
hereby claim a lien on such rehabilitation, repair or demolition in the amount of said
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assessment, to wit: the sum of (insert amount); and the same shall be a lien upon
said real property until the same has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is claimed, is that
certain parcel of land lying and being in the City of Ukiah, County of Mendocino,
State of California, and particularly described as follows:
(insert description)
DATED: (insert date)
City Manager of the City of Ukiah, California
(ACKNOWLEDGEMENT)
C. The City Council may order a refund of all or part of the assessment paid pursuant
to this Chapter if it finds that all or part of the assessment was erroneously levied.
An assessment or part thereof shall not be refunded unless a claim is filed with a
City Clerk within six months after the assessment became due and payable. The
claim shall be verified by the person who paid the assessment, or the legal
representative of such person.
3421 Owner's personal obligation.
A. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall
constitute a personal obligation of the property owner and the City
manager/designee is authorized to commence an action in the name of the City in
any court of competent jurisdiction to collect the cost of abatement from the
property owner.
B. Upon entry of a second or subsequent civil or criminal judgment within a two-year
period finding that an owner of property is responsible for a condition that may be
abated in accordance with this Chapter, except for conditions abated pursuant to
Section 17980 of the California Health and Safety Code, the court may order the
owner to pay triple the costs of the abatement.
3422 Alternative collection methods.
A civil action to foreclose a lien, the special assessment procedure and a personal action
against the owner shall not be mutually exclusive and the City shall be free to use all
methods simultaneously as long as the City does not receive multiple payment for the
abatement costs.
3423 Alternative proceedings.
A. Nothing in the foregoing sections shall be deemed to prevent the City Council from
ordering the City Attorney to commence any appropriate civil action to abate a
nuisance in addition to, alternatively to, or in conjunction with the proceedings set
forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the
commencement of a criminal action with respect to the nuisance in addition to,
alternatively to, or in conjunction with, the proceedings set forth in this Chapter, nor
shall any provision herein be deemed to prevent or limit an action for private
nuisance by any person.
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B. Pursuant to Section 38773.5 of the Government Code, in any proceeding brought to
enforce any order, the prevailing party shall be entitled to recover attorney's fees,
provided that, pursuant to Section 38773.5, attorney's fees shall only be available in
those proceedings in which the City has provided notice at the commencement of
such proceedings that it intends to seek and recover attorney's fees. The City may
recover its costs and attorney's fees as part of the judgment which may be
recorded as an assessment against the property and constitute a lien thereon. This
section grants specific authority to any court of competent jurisdiction to grant an
award of costs and attorney's fees which may be used alternatively to, or in
conjunction with, the procedures set forth above; however, in no event may the City
obtain a double recovery. Failure of a court to award attorney's fees as part of a
judgment does not preclude the City from assessing costs against the property
pursuant to the procedures set forth in this section.
3424 Violation -Penalty.
A. Criminal Violations; Civil Penalties. Any responsible party, whether owner, lessee,
sublessor, sublessee or occupant of any premises who violates the provisions of
this Chapter shall be guilty of a misdemeanor for each day such violation continues.
Without limiting the enforceability of any other statue, ordinance or regulation that
may contain a different or greater penalty under those provisions, after service of
notice thereof pursuant to the Chapter any person violating the provisions of this
Chapter shall be subject to a civil action to abate or enjoin the nuisance and shall
be liable for civil penalties as follows: Any violation concerning property that is
located in a commercially zoning district as authorized by Articles 6, 7, and 8 of the
Ukiah City Code (as amended or supplanted) of not less than one hundred fifty
dollars ($150) or more than two thousand five hundred dollars ($2500) for each day
the violation continues. The City Attorney may pursue any lawful civil remedy and
civil penalties brought to enforce any provisions of this Chapter.
B. Administrative penalties. In addition to criminal sanctions, civil penalties provided in
this section, and other remedies set forth in this Chapter, administrative penalties
may be imposed against any responsible party, whether owner, lessee, sublessor
or sublessee or occupant of any premises in violation of any of the provisions of this
Chapter. Imposition, enforcement, collection and administrative review of
administrative penalties imposed shall be conducted pursuant to this code.
C. Reasonable period to Correct Violations. No administrative penalty shall be
imposed for violations of provisions of this Chapter unless the owner has been
provided a reasonable period of time after notice thereof service pursuant to the
Chapter to correct the violation before imposition of the penalty, except in those
cases in which there is an immediate danger to health or safety. The reasonable
period for purposes of this Chapter shall be thirty (30) days from service of a notice
of violation unless otherwise directed by the City Council.
D. Any person who obstructs, impedes or interferes with any representative, officer,
employee, contractor or authorized representative of the City Council or with any
representative of a City department or with any person who owns or holds any
estate or interest in a building which has been ordered to be vacated, repaired,
rehabilitated or demolished pursuant to the provisions of this Chapter when any of
the aforementioned individuals are engaged in the work of abating any nuisance as
required by the provisions of this Chapter, or in performing any necessary act
-15-
preliminary to or incidental to such work authorized or directed pursuant to this
Chapter lawfully engaged in proceedings involving the abatement of a nuisance is
guilty of a misdemeanor.
3425 Nuisances endangering public health.
A. Whenever a nuisance endangering the public health is ascertained to exist on any
premise, or in any house or other place, the health officer shall notify, in writing, any
person owning or having control of, or acting as agent for such premises, house or
other place, to abate or remove such nuisance within a reasonable time, to be
stated in such notice.
B. Upon the neglect or refusal of any owner, occupant, or agent, or other person
having control of such house or other place, to comply with such notice, the health
officer may abate such nuisance; and the owner, agent or occupant, or other
person having control of such house or place, in addition to the penalties provided
by this Chapter shall be liable to the City for the cost of such abatement, to be
recovered in a civil action in any court of competent jurisdiction. If no person can be
found upon whom to serve such notice, the health office shall proceed to abate
such nuisance at the expense of the City, at a cost of not to exceed twenty-five
dollars ($25) per day.
SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of
this ordinance are severable.
SECTION 1 This Ordinance will take effect on the 31St day following its final passage and
adoption.
INTRODUCED BY TITLE ONLY ON September 18, 2002, BY THE FOLLOWING ROLE
CALL VOTE:
AYES: Councilmembers Larson, Smith, Baldwin and Mayor Ashiku
NOES: Councilmember Libby
ABSENT: None
ABSTAIN: None
PASSED AND ADOPTED this
ROLE CALL VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
day of , 2002, BY THE FOLLOWING
-16-
Phillip Ashiku, Mayor
ATTEST:
Marie Ulvila, City Clerk
APPROVED AS TO FORM:
David Rapport, CITY ATTORNEY
-17-
9b
ITEM NO.
DATE: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION OF REQUEST BY FORD STREET PROJECT FOR EXTENSION OF
TEMPORARY USE OF 1800 NORTH STATE STREET AS AN EMERGENCY WINTER SHELTER
For the past two winter seasons the Council has provided a portion of the north fire station for an
emergency winter shelter operated by the Ford Street Project under the direction of Mr. Mark Rohloff.
Council's approval limited the use to two years in order to allow time to complete development of a
permanent homeless services center. Due to unanticipated delays in pursuing grant funding, Mr.
Rohloff has informed staff that the permanent facility will not be completed before the winter season.
As a result, Mr. Rohloff, on behalf of the Homeless Services Planning Group, is requesting use of a
portion of the north fire station for one more season.
Due to the timelines, which were required to acquire grant funding for property acquisition and
construction, progress on a permanent facility has been slower than anticipated. During the past two
year period, Ford Street has secured funding and acquired property, the Planning Commission has
approved a Use Permit, and the project is now in the design and development stage of the first phase
of a permanent facility. Staff is actively coordinating with Mr. Rohloff and the project designers in
order to minimize any future difficulties which may arise during the remainder of the development
process.
Red Cross continues to occupy the main portion of the building. The apparatus bay, where the
shelter is located, is used solely for equipment storage by the City's fire department. Should the
shelter use of the facility be extended for one additional season, the fire equipment would be returned
to the Civic Center fire station.
(Continued on Page 2)
RECOMMENDED ACTION: Approve request by the Ford Street Project for extension of use of
1800 north State Street for one year as an emergency winter shelter.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine Ford Street's request for extension requires further consideration and remand to staff
with direction.
2. Determine approval of extension is inappropriate at this time and do not move to approve.
Citizen Advised: Yes
Requested by: Ford Street Project
Prepared by: Larry W. DeKnoblough, Community Services Director�X.D
Coordinated with: Candace Horsley, City Manager
Attachments: None
APPROVED:
Candace Horsley, City anager
LD/ZIP1
Homeless02.asr
1
Should Council approve of the extension, Ford Street is targeting mid-November to open the facility.
Mr. Rohloff has submitted an application for an extension of the Use Permit which is scheduled for the
Planning Commission meeting of October 23. Due to the short notice, staff was unable to meet with
the neighbors prior to the preparation of this report. Many of the concerns initially raised by the
neighbors have been addressed over the past two years and feedback received from them at the
closure of last year's shelter was positive. Staff is scheduled to meet with the Red Cross as well as
the owners of the Holiday Inn Express and Motosports before the October 2 meeting and will report to
Council at that time.
In addition, Council recently took action to declare the property surplus and proceed with disposition.
Staff believes the use of the facility over the winter will not impede disposition of the property. An
updated appraisal of the property will not be completed until late November due to current market
demands on appraisal firms. Once the appraisal is completed several steps in the disposition
process, including notification to the School District, County, and low income housing providers is
required. The escrow process can also be conditioned to coincide with the closure of the shelter.
Council approval is required to continue the shelter at the fire station for a third year, as the original
consideration was limited to two seasons. Staff believes the fire station is the only reasonable option
to provide emergency shelter at this time and is recommending approval.
2
Item No. 10a
Date: October 2. 2002
AGENDA SUMMARY REPORT
aucamt; i: Huinorize mayor to execute the Scheduling Coordination Program Agreement
between the City of Ukiah and the Northern California Power Agency and to execute the
Replacement Interconnection Agreement between the City of Ukiah and Pacific Gas and
Electric Company.
Rr-rum : i ne L;ny currently participates in the Northern California Power Agency (NCPA)
Power Pool and receives its wholesale level scheduling and dispatch services from NCPA.
NCPA and the City are signatories, along with other NCPA pool members, of the Pacific Gas
and Electric Company (PG&E) Interconnection Agreement (IA) which provides, among other
things, grid level interconnection and control area operator services to each NCPA pool
member and NCPA power projects. PG&E filed at the Federal Energy Regulatory
Commission (FERC) to exercise its three-year notice right to terminate the IA in July 1997,
which would have resulted in a termination date of August 2000. By way of several
settlement agreements at FERC related to PG&E Transmission Owner (TO) tariff filings at
FERC, the IA case is currently pending FERC action which will likely result in termination.
As a result of AB 1890 and California power industry restructuring, PG&E is no longer
the control area operator and most of the services PG&E provides to NCPA under the IA are
now available, in some form, from the California Independent System Operator (CAISO).
NCPA has been negotiating with the CAISO since September 2001 to develop an
acceptable IA successor arrangement, which is well adapted for load serving entities and
also provides reasonable operating protocols and defined cost and settlement mechanisms.
(Continued on Page 2)
RECOMMENDED ACTION: Authorize Mayor to execute the Scheduling Coordination
Program Agreement between the City of Ukiah and the Northern California Power Agency.
ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Direct staff as to
Alternatives.
Citizen Advised: N/A
Prepared by: Darryl L. Barnes, Director of Public Utilities
Coordinated with: Candace Horsley, City Manager
Attachment:1) Scheduling Coordination Program Agreement
2) Replacement Interconnection Agreement
APPROVED: ;
Candace Horsley, City M Hager
Page 2
The agreement negotiated will result in the city becoming a Metered Sub -System
(MSS) with NCPA becoming an Aggregated Metered Sub -System Operator (MSSO). This
MSS approach avoids the CAISO requirement to execute Participating Generator
Agreements (PGAs) and Utility Distribution Company (UDC) Agreements for NCPA
generators and member cities, respectively. However, the MSS Aggregation Agreement
does require adherence to applicable CAISO filed tariff arrangements for PGAs and UDCs
Significant aspects of the MSSO and City MSS Aggregation Agreements include:
• Real time load following capability with CAISO settlements based on net deviation.
NCPA, to avoid certain penalties, must meet aggregated city loads within +/- 3%
deviation band.
• NCPA/member generation "behind the meter" ( that is, located within the City's
service territory) will not be subject to CAISO transmission charges when plant output
does not exceed City load.
• NCPA control over non -PGA NCPA resources (currently the Alameda and LODI CT1
units and the Geothermal Plant 2 units have PGAs associated with CAISO Reliability
Must Run (RMR) contracts). That is, the CAISO may not dispatch these units unless
NCPA has bid these units to perform in the CAISO markets (replacement reserve, for
example).
• Given that the City maintains its full generation capacity and reserve requirements to
meet its load, the City will not be required to participate in any "economic" blackouts
which may occur in northern California due to other utilities' failure to procure
sufficient capacity to meet their loads. The City and NCPA are required to participate,
on a pro rata basis, during a power system emergency where system collapse and/or
frequency disturbance is imminent.
• The City and NCPA may participate in the CAISO markets.
• The scheduling and real time flexibility of the Western 2948A contract is maintained
with some limitations on the magnitude of the change of schedule.
• The initial term of the MSS Aggregation Agreement is two years with each party
having the right to terminate on six months notice thereafter.
There is some probability that FERC may reject PG&E's IA termination filing but recent
discussions with FERC staff responsible for drafting what will ultimately become the
FERC's order in this matter suggest that this is an unlikely outcome. The City and NCPA
could also avoid signing the MSS arrangement, but the CAISO has indicated that in this
event it will unilaterally file the pro forma PGA and UDC agreements applicable to the city
and NCPA; and if FERC approves the IA termination, these agreements will provide the
generation and scheduling interface and settlement protocols between NCPA and the
CAISO. Operating under these unilaterally filed PGA and UDC agreements will not
provide most of the above outlined advantages of the MSS Aggregation Agreement. In
addition, the CAISO staff has spent many hours negotiating with NCPA, and FERC staff,
to achieve the proposed MSSO arrangement; for the City or NCPA to move away from
this arrangement now would be somewhat disingenuous and would likely result in a
Page 3
deterioration of the relationship between the City/NCPA staffs and the CAISO staff.
In short, the benefits of the negotiated MSS Aggregation Agreement, along with the
associated operational and settlement certainty, result in it being the most viable option
the City has with regard to IA transition. (NCPA is separately reviewing the potential
establishment of a separate control area in which the City may participate, but this option
is not even potentially achievable within the needed time frame).
The NCPA Commission voted at the August 22, 2002 meeting to allow the NCPA
General Manager to execute the MSS Aggregation Agreement and the PG&E
Replacement IA, and the NCPA General Manager was thereby authorized unanimous)
to execute these two agreements: y
1) MSS Aggregation Agreement with ISO - provides the scheduling and settlement
protocols for NCPA to represent the City's power plants and load in the CAISO
control area and market;
2) PG&E Replacement IA - provides for the physical interconnection of NCPA power
plants and City load to the PG&E transmission grid; and,
Also, the City needs to authorize its Mayor to execute the following agreements:
1) PG&E Replacement IA - which provides for the physical power interconnection
between the city and PG&E's transmission grid (note that NCPA will execute this
agreement as will with regard to the NCPA generating plants); and,
2) NCPA Scheduling Coordination Program Agreement - which will designate NCPA
as the City's Scheduling Coordinator to interface with the CAISO on the City's behalf
as well as indicate the manner in which CAISO charges and respective NCPA staff
charges will flow through to the City.
The firm transmission rights that the City and NCPA maintain exist as a function of the
Stanislaus Commitments are not settled in any of the above agreements. However, the
above agreements do not prejudice any party's right to assert and prosecute claims with
respect to the Stanislaus Commitments. NCPA, on behalf of the City, will be pursuing a legal
determination of the firm transmission rights believed granted to NCPA and the City, either
within the unsettled portion of the PG&E FERC IA Termination Docket or some other
appropriate venue.
The CAISO environment is projected to be more costly than the existing PG&E IA
construct, which will no longer be available to the City. Currently, the City's total
transmission, ancillary services, and control area operator charges are approximately 0.6
cents/kwh annually. Under the proposed CAISO arrangement, these costs are projected to
increase to between approximately 0.9-1.2 cents/kwh. The City and NCPA staff will carefully
monitor resulting CAISO charges and take all prudent actions to maintain such charges at
reasonable levels. These estimates do not include the impact of potential transmission
congestion charges, which are not currently anticipated to be significant over the next
several years and which also may be somewhat mitigated as a result of the CAISO's Market
Page 4
Design 2002 (MD 02) proposals or the FERC's Standard Market Design (SMD) approach,
which should result in firm transmission rights being assigned to load.
Since this approach offers the best solution to managing our transmission needs,
staff recommends that the Mayor be authorized to execute on be half of the City, the PG&E
Replacement IA, and the NCPA Scheduling Coordination Program Agreement. A member of
the NCPA staff will be present at the meeting to describe this process and to answer any
question the Council might have relative to these agreements.
ITEM NO. lob
DATE: October a, 2002
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION OF PROPOSAL BY UKIAH ROTARY CLUB OF UKIAH TO ASSIST IN
THE DEVELOPMENT OF THE RAILROAD DEPOT POCKET PARK
At the March 6 meeting the Council approved the development of a pocket park between Perkins
Street and Gibson Creek at the railroad depot site. Staff subsequently submitted an application to the
North Coast Railroad Authority for an encroachment permit. That request has been approved and
staff is preparing to initiate design and soil preparation for construction in the spring.
During the time in which staff has been pursuing the encroachment permit, the Rotary Club of Ukiah
had completed landscape improvements to Gardener Park in Municipal Parking Lot A. The Club's
efforts to complete that project were spearheaded by Mr. Frank Crane, who has since passed away.
Upon hearing of the City's efforts to improve the Perkins Street frontage, the Rotary Club submitted a
request to assist the City with the park design and construction.
In the attached letter, current Club President Mr. David Scollin, submits the Rotary's request. Rotary
is offering to collaborate with City staff to design and construct through volunteer labor, donations,
and club monetary resources, a useful park and much needed community enhancement. In addition
to assisting with the park development, the Club is also requesting that either the park be named in
honor of Mr. Crane or that a plaque be placed on the site or both. Mr. Crane was a life long member
of the community and participated in many community improvement projects.
As the Council has not previously discussed specifically identifying the proposed park with a single
individual, staff is recommending proceeding with the design in collaboration with the Rotary Club and
returning with a completed plan for Council consideration at that time.
RECOMMENDED ACTION: Receive Rotary Club of Ukiah's request and after discussion provide
direction to staff.
ALTERNATIVE COUNCIL POLICY OPTION:
1. Determine request from Rotary Club requires further information and remand to staff with direction.
Citizen Advised: David Scollin, Rotary Club President
Requested by: Rotary Club of Ukiah
Prepared by: Larry W. DeKnoblough, Community Services Director�,'� O
Coordinated with: Candace Horsley, City Manager
Attachments:
1. September 9, 2002 letter submitted by Rotary Club
Candace Horsley, CiManager
LD21P1
Rotary park .asr
}s
�1-
_ RotaryClub of Ukiah
September 9, 2002
Candace Horsley
City Manager, City of Ukiah
300 Seminary Ave
Ukiah, CA 95482-5400
Dear Candace,
The Rotary Club of Ukiah is interested in creating a park on
the small piece of vacant land near
David Scollin, President
the old depot on Perkins
street. Our intent would be to work in collaboration with
your designers to create a useful park that we would develop
9690 Laughlin Way
to the best of our abilities using our monetary resources,
Redwood Valley, CA 95470
donations and labor.
(707) 485-0158
&collie@pacific.net
We request that we be allowed to honor our former Rotary
member Frank Crane by either naming the park in his
memory or placing a dedication plaque on the site or both.
Our board members will need to approve the actual expenses
as they are known, but I expect that our membership will
support this project fully as long as the costs do not become
unreasonable.
Sincerely,
r
David B. collie
ITEM NO. 10C
DATE: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION APPROVING THE ADDENDUM TO THE
MEMORANDA OF UNDERSTANDING FOR THE MISCELLANEOUS PERS
COVERAGE GROUP EMPLOYEE BARGAINING UNITS TO AMEND THE
PERS RETIREMENT CONTRACT
Each of the City of Ukiah bargaining units covered by the Public Employee Retirement
System (PERS) Miscellaneous Coverage Group, have voted in agreement to amend the
PERS Contract in October 2003 to the 2.7% at 55 retirement benefit. The cost to amend
the PERS contract for this benefit will be paid by the employees via payroll deduction
beginning the first full pay period of October 2002. Each bargaining unit has signed an
Addendum to their current Memoranda of Understanding in agreement to this contract
amendment and the accompanying payroll deductions. A copy of the Addendum is
provided in Council's Closed Session packet.
Staff requests adoption of the resolution approving the Addendums to the Memoranda of
Understanding for the Electric, Miscellaneous, Management and Department Head Units to
amend the PERS Miscellaneous Coverage Group contract for the 2.7% at 55 retirement
benefit and to initiate payroll deductions beginning the first full pay period of October 2002.
RECOMMENDED ACTION:
Council to adopt the resolution approving the Addendum to the Memoranda of
Understanding for the Electric, Miscellaneous, Management and Department
Head Units to Amend the PERS Contract for the 2.7% at 55 Retirement Benefit
and to commence payroll deductions beginning the first full pay period of
October 2002.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Do not adopt resolution.
2. Refer to Staff for amendments.
Requested by: PERS Miscellaneous Coverage Group Bargaining Units
Prepared by: Melody Harris, Personnel Officer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Resolution Approving the Addendum to the Memoranda of
Understanding for the Electric, Miscellaneous, Management
and Department Head Units to Amend PERS Contract
APPROVED�,���-�,v
Candace Horsley, City kkanager
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADOPTING THE ADDENDA TO THE MEMORANDA OF UNDERSTANDING
BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD,
MANAGEMENT, MISCELLANEOUS, AND ELECTRIC UNITS
WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith
with representatives of the Department Head, Management, Miscellaneous, and Electric Units;
and
WHEREAS, an Addendum has been reviewed and approved by each of these Units; and
WHEREAS, said Addenda have been presented to the City Council for its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Addenda for the Department Head,
Management, Miscellaneous, and Electric Units are hereby adopted and the Employee/Employer
Relations Officer authorized to enter into the Addenda to the current Memoranda of
Understanding.
PASSED AND ADOPTED this 2nd day of October, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Phillip Ashiku, Mayor
ATTEST:
Marie Ulvila, City Clerk
&MOWRES.ADD
ITEM NO: 10d
MEETING DATE: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION OF ARTICLE REGARDING ETHICAL CONDUCT DURING
COUNCIL MEETINGS FROM WESTERN CITIES MAGAZINE—MAYOR
ASHIKU
Mayor Ashiku has asked to agendize discussion of a recent article from the Western Cities
Magazine regarding ethical conduct during Council meetings. A copy of this article is
attached for Council's review.
RECOMMENDED ACTION: Review and discuss article from Western Cities
Magazine.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizens Advised: N/A
Requested by: Mayor Ashiku
Prepared by: Candace Horsley, City Manager
Coordinated with: N/A
Attachments: 1. Article from Western Cities Magazine
Approved:
Candace Horsley, City anager
4: CAN/ASR.CoundlConduct.100202
1
Everyday Ethics for Local Officials
Grandstanding
Crosses the Line
'7ii9
his month's Tough Question: We have an individual on our
council who is runninfor re-election. His colleagues on the
council are very frustrated with him because he consistently uses
the council meeting to grandstand. His comments on agenda items
are shamelessly self -promotional and often prolong the meeting sig-
nificantly because of the time they take. A number of his colleagues
have talked with him about this issue. What are your thoughts and,
if you agree such conduct is inappropriate, what should we do?
Answer: First, let's define some terms.
The dictionary defines grandstanding as
"playing or acting so as to impress on-
lookers." Council meetings were not
created as opportunities for council
members to impress each other, the
media or the public. The purpose of
a council meeting is to accomplish the
public's business as productively, effi-
ciently and professionally as possible.
Grandstanding is a subset of a larger cat-
egory of problematic behavior: wasting
meeting time with rambling debates and
asking questions that would be unneces-
sary with advance preparation for the
discussion, for example.
The Greek philosopher Theophrastus
once noted that time is the most valu-
able thing a person can spend. Public
meeting time is an exceptionally precious
resource. Most local officials recognize
this and avoid yielding to the temptation
to grandstand.
Wasting meeting time can therefore be
an ethical issue, because it involves tak-
ing something valuable that is not yours
— others' time. Within the WIPLA
(whole community, individual rights,
process, legal considerations and alterna-
tives) ethical framework used in previous
columns (see page 8), wasting meeting
time is unethical for two reasons:
1) It is not in the interest of the whole
community; and
2) It is disrespectful of individual rights.
continued
T O U G i -i
QUESTIONS
VINO
TIGHT SPOTS
Grandstanding is a subset
of a larger category of
problematic behavior:
wasting meeting time
with rambling debates.
This column is a joint effort of the members of the Institute for Local Self Government's advisory panel on ethics. The questions in this
column thus far have been suggested by the ethics advisory panel members to stimulate discussion and thinking on ethical issues faced
by local officials. For more information about ILSG, visit www.iisg.org. To suggest a future topic, e-mail: <ilsg@cacities.org>.
www.westerncky.com Westem City, August 2002
Grandstanding Crosses the Line, continued
:Si;
Y r'
- - - , �
l.0 Vii_
Providing expectelo+�n3
services r� X
■ Federal
■ State.
■ Local
■ COBG
■ Rome '
TURN -KEY complete }
relocation services
Budgets
Relocation Plans
Replacement Housing
Commercial Relocation'
Industrial Relocation
Residential Relocation
Trailer Parks Specialist
Expert Witness
Special Programs
PAC & Council Meetings
Presentation
City Staff Training
228 North Irena Avenae
Redondo Bench, CA 90217
Tel: (310) 316-4622
Fay. (310) 316-046:
8 -mal: mycen�s~oyn;a►
J
Grandstanding Wastes the
Public's Time
How does grandstanding waste the pub-
lic's time? There are likely to be people
in the audience who are waiting for an
opportunity to speak or for later items
on the agenda. They will be frustrated
with and resentful of a council member
who is prolonging the meeting in a self-
serving and unproductive manner —
particularly when the audience members
have taken the time to attend and parti-
cipate in the city's business. (The irony
of this situation is that, in an effort to
endear himself to voters, your council
member is probably having the oppo-
site effect.)
Why should the grandstanding public
official (and others) care about the pub-
lic's frustration? Because the sense that
public meetings are unnecessarily long
may ultimately discourage members of
the public from attending future meet-
ings (or watching them on cable) or may
alienate them from civic affairs.
As a result, the public will be less in-
formed and less supportive of the city.
Decision -Making
Gridlock???
There is a cure for it ...We call it SDIC:
"Systematic Development of Informed
Consent':
SDIC works! We have taught SDIC to
engineers, scientists, planners, and other
professionals working in the public arena
for over 25 years ... in all 50 states ...
For example, CALTRANS credits their
use of SDIC for the following results in
the June 2001 CALTRANS Journal:
"The several combined projects on State
Route 125 on the eastern edge of San
Diego ultimately will take more than 600
residences in five cities and the County of
San Diego ... Yet, the projects are going
forward without facing the project -
halting environmental lawsuits that
plague other public works projects ... "
Your next opportunity to learn about
Systematic Development of Informed
Consent:
Monterey, CA: September 3-5, `02
- and Janury, 2003
For details: www ipmp-bleiker.coni
Local agency officials may want to ask themselves the following questions
when analyzing the ethical dimensions of a particular decision.
• Whole Community: Which decision advances the good of the whole
community? Which decision does more harm than good?
• Individual Rights: Is the decision respectful of individuals' rights and
interests? Is the decision fair?
• Process: Has the decision-making process been open to community input
and feedback? Are members of the public satisfied that their input has beer
heard and considered by decisionmakers?
• Legality: Have all legal considerations been identified and satisfied?
• Alternatives: Would other approaches involve fewer trade-offs of the abov<
values that the local agency might consider?
www.eacitk
League of Callfomia Cities
Grandstanding, therefore, diminishes
the public's respect for the city and the
city's ability to address community
issues. It also plays into popular (and
usually inaccurate) caricatures of self-
serving politicians.
Council meetings were
c y _4,4v4;,- � jraR,
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Sample ethics policies, inpluding those used in Santa Clara'and Sunnyvale,
are available on'the Institute for Local Self Government'(ILSG) website at
www.iisg.org/publicconfidence.
not created as opportuni-
As part of its oversight of ILSG's ethics work program, the ILSG board of
ties for council members
directors recently heard presentations from a wide variety of individuals
involved in ethics issues. The board decided it would be helpful to prepare
to impress each other, the
a guide for local agencies on the process of adopting ethics and values
statements.
media or the public.
As the research arm of the League, ILSG welcomes input from local officials
CAPERS' 3rd Annual Employer Conference
on what kind of information in such a guide would be most helpful. Send your
October 28-30, Sacramento Convention Center
ideas to <ilsg@cacities.org>.
Grandstanding Wastes Staff's Time
Grandstanding also wastes staff time at
the council meeting. Although staff is
continued on page 48
t
'x
.L
Mark your calendars now.:.
CAPERS' 3rd Annual Employer Conference
October 28-30, Sacramento Convention Center
r
'
Dont miss this opportunity to hear the most up-to-date information on
numerous employer -related topics and how they impact you—including health
Y
benefit changes, legislative updates, and the opportunity to view and touch our
=s.
latest self-service technologies. This year's conference will also include guest
speakers who will help you in your organizations strategic planning efforts.,�r�;;:1,
Back by popular demand, you will again be able to schedule a one-on-one
appointment with a CalPERS actuary and have an opportunity to interact with
CalPERS executive staff, as well as the Board of Administration.
Registration Fee: $250 - Hotel Room Rate: $13517.
y�
Registration materials will be mailed in August. If you would like to be placed on out.di
mailing list, send us your address by e-mail to: CaIPERS_conference@01PERS.ca:g0i
or call us at the Conference Hotline at (916) 658-1264 'y
www.westemfty.com Westem City, August 2002 C
J O B O P P O R T U N I T I E S
Grandstanding Crosses the Line,
continued from page 9
being paid to sit through the meeting,
unnecessarily long meetings mean that
staff is being used unproductively. Staff
time is a public resource, and it is never
ethical to waste public resources.
Taking up time by grandstanding also
means that people are tired by the time
you're able to move on to new issues, so
effectively the later issues may not be
given full consideration or may be tabled
until the next meeting.
Grandstanding Wastes
Colleagues' Time
Another precious resource is fellow
council members' time. Serving on a
council inevitably takes time away from
the member's family, work and personal
interests. The purpose of discussion at
council meetings is to gather and share
information helpful to the council's ulti-
The City of Commerce is a thriving community of over 12,000 residents located six miles east of the Los Angeles
SOF CO'ViI�9 Civic Center. The City provides a convenient, safe, and attractive central location for industrial, commercial,
m retail, recreational, and residential uses. The City of Commerce is a General Law City, and operates under the
Council -Manager form of govemment with the City Administrator serving as the Chief Executive Officer.
C.
• The City is currently recruiting for two key city management positions:
COMMUNITY DEVELOPMENT DIRECTOR
Annual Salary: $95,165 to $115,940 (DOQ) plus an excellent benefits package
Candidates must have a Bachelor's degree in Planning, Engineering, Public or Business Administration, or a related field; and at least five
years of progressively responsible management experience, with primary focus in the disciplines of Community Development with a governmental
agency. A Master's degree in Public or Business Administration, or related field, is highly desirable.
FINANCE DIRECTOR
Annual Salary: $95,165 to $115,940 (DOQ) plus an excellent benefits package
Candidates must have a Bachelor's degree in Accounting, Finance, Public or Business Administration, and at least five years of progressively
responsible management experience, three years of which included supervision of professional accounting staff. A CPA certificate or Master's
degree in Public or Business Administration is highly desirable.
Call for brochure and supplemental questionnaire or visit our website. Filing extended to September 13, 2002. Apply to:
Dr. Richard Garcia, President
RJA Management Services, Inc. RJA
550 W. Duarte Rd., Ste. 6 • Arcadia, CA 91007 • (626) 447-3318 • EOE
www.danianagenient.com
48 League of Califomia Cities www.cacltles.org
Madera (pop. 47,000) is located 18 miles north of Fresno and provides an
excellent quality of life.
POLICE CHIEF —Annual salary range $75,420 to $96,252. Police Department
-
has 50 swom officers and 15 civilian employees with a FY 2002/03 operating
- .- --- - `
budget of $4.5 million. Desire equivalent of a relevant BA/BS plus 7 years experience
_
in municipal police work (including 4 years in a management capacity). Requires
_
possession of a P.OS.T. Management Certificate (P.O.S.T. Command College diploma
and/or F.B.I. National Academy diploma desirable), and ability to obtain a valid
MAXIMUS-',
Class C Califomia driver's license.
"U'""`°""""°" SOWr "`°"`
ASSISTANT ENGINEER — Salary open DOQ. Entry level in the professional
engineering series. Duties include design activities on public works projects, prepare/
10474 Sa= Monicad
Blv. _
check plans and specifications, and assist resident engineer on large/domplex public
Suite los
wow projects or act as resident engineer on small/medium construction projects.
Los Angeles; CA
Desire equivalent of 3 years para -professional engineering experience or 3 years
9oo25
college coursework in civil engineering, and possession of a valid Califomia
(310)475-8001
Engineer -in -Training certificate.
`VWW...
For more information, see www.dmgmaximus.com/recruit. Send resumes to
drngmaximus.com/
MAXIMUS, 10474 Santa Monica Blvd., #208, Los Angeles, CA 90025, fax to
recruit
"
(310) 475-8007, or e-mail to searchla@maximus.com. EEO/ADA
Filing deadline: August 16, 2002
Grandstanding Crosses the Line,
continued from page 9
being paid to sit through the meeting,
unnecessarily long meetings mean that
staff is being used unproductively. Staff
time is a public resource, and it is never
ethical to waste public resources.
Taking up time by grandstanding also
means that people are tired by the time
you're able to move on to new issues, so
effectively the later issues may not be
given full consideration or may be tabled
until the next meeting.
Grandstanding Wastes
Colleagues' Time
Another precious resource is fellow
council members' time. Serving on a
council inevitably takes time away from
the member's family, work and personal
interests. The purpose of discussion at
council meetings is to gather and share
information helpful to the council's ulti-
The City of Commerce is a thriving community of over 12,000 residents located six miles east of the Los Angeles
SOF CO'ViI�9 Civic Center. The City provides a convenient, safe, and attractive central location for industrial, commercial,
m retail, recreational, and residential uses. The City of Commerce is a General Law City, and operates under the
Council -Manager form of govemment with the City Administrator serving as the Chief Executive Officer.
C.
• The City is currently recruiting for two key city management positions:
COMMUNITY DEVELOPMENT DIRECTOR
Annual Salary: $95,165 to $115,940 (DOQ) plus an excellent benefits package
Candidates must have a Bachelor's degree in Planning, Engineering, Public or Business Administration, or a related field; and at least five
years of progressively responsible management experience, with primary focus in the disciplines of Community Development with a governmental
agency. A Master's degree in Public or Business Administration, or related field, is highly desirable.
FINANCE DIRECTOR
Annual Salary: $95,165 to $115,940 (DOQ) plus an excellent benefits package
Candidates must have a Bachelor's degree in Accounting, Finance, Public or Business Administration, and at least five years of progressively
responsible management experience, three years of which included supervision of professional accounting staff. A CPA certificate or Master's
degree in Public or Business Administration is highly desirable.
Call for brochure and supplemental questionnaire or visit our website. Filing extended to September 13, 2002. Apply to:
Dr. Richard Garcia, President
RJA Management Services, Inc. RJA
550 W. Duarte Rd., Ste. 6 • Arcadia, CA 91007 • (626) 447-3318 • EOE
www.danianagenient.com
48 League of Califomia Cities www.cacltles.org
mate decision. By definition, grand-
standing and other public meeting time -
wasters use colleagues' time for an alto-
gether different purpose: self -promotion.
To the extent that service on the council
gets too frustrating for individuals, the
time -abuser has diminished another com-
munity resource: people's willingness to
run for and serve on the council. This
too can be an ethical issue because it
deprives the city of potential leaders.
The Other Side?
The grandstander may respond to these
observations by saying "Hey, what about
all the time I give to the community?
What's so wrong if I get some free public
exposure in return? I'm not doing any-
thing illegal." This can be an especially
dangerous line of thinking.
First, it puts public officials on an extra-
ordinarily slippery slope. Looking for
ways to "get something in return" for
public service is the kind of thinking
that has gotten public officials into seri-
ous legal trouble for misusing public
resources (including for campaign pur-
poses) for personal benefit and accepting
bribes. Grandstanding is of course a
much different issue, but there is a com-
mon thread in the analysis that local
officials may want to ponder.
The bottom line is this: Local officials
should never expect personal gain in
return for public service. Public servants
can have the satisfaction of contributing
to the betterment of their communities,
but those who are seeking greater indi-
vidual benefits from public service are
looking for ethical trouble.
Moreover, local officials sell themselves
short when they equate ethical standards
with what the law allows (or prohibits).
just because the conduct is legal doesn't
mean it is ethical. A public official who
sets ethical standards by what the law
allows is using a false ethical compass.
As indicated above, there are a number
of ethical issues associated with using
council meetings to grandstand, even
though the conduct usually does not
sink to the level of violating the law.
continued
www.westernchy.com
J O B O P P O R T U N I T I E S
Deputy Director - Neighborhood Services,
Stockton, CA
The City of Stockton (population 250,000), located 60 miles east of the San Francisco Bay
area in the San Joaquin/Sacramento River Delta region of California's fertile San Joaquin
Valley, is searching for a visionary leader with effective management skills to serve as the
Housing and Redevelopment Department's Deputy Director— Neighborhood Services. This
is a new position to lead the Neighborhood Services Division, which has grown from
10 employees in 1995-1996 to 32 budgeted positions in the current year. The Deputy
Director will have responsibility for overall administrative direction of the City's expanding
code enforcement functions. The Deputy Director will have a strong background in code
enforcement in addition to possessing solid management experience. He/she will be a
visionary who is capable of mentoring and training staff on issues such as compliance and
professional development. Candidates should have a Bachelor's Degree in public or
business administration, construction, or a related field and three years of lead or super-
visory experience, which has included responsibility for code enforcement and staff.
Possession of a Building Official Certification is desirable. The salary range for the
incoming Deputy Housing Director is $65,316 to $83,856. If you are interested in this
outstanding opportunity, please submit resume to Regan Williams, Bob Murray and
Associates, 735 Sunrise Avenue, Suite 145, Roseville, CA 95661, (916) 784-9080,
(916) 784-1985 fax, or email to apply@bobmurrayossoc.com by August 30, 2002.
BOB MURRAY phone 916.784.9080
Sc ASSOCIATES
fax 916.784.1985
EXPERTS IN EXECUTIVE SEARCH www. bobmurroyassoc.com
The City of Claremont is recognized throughout the state as an
innovative, fast paced, energetic and dynamic organization. For over a
decade, Claremont employees have been empowered to balance their
personal and professional lives through programs such as flex time,
alternative work week schedules and telecommuting. Glenn Southard
has served as the City Manager for 14 years. The Mayor and four City
Council members are bright, energetic, dedicated to the community,
and supportive of staff.
We are looking to add a Personnel Services Manager to our award
winning staff. If you enjoy complex challenges, team problem solving,
intelligent and involved citizens, and an abundance of creative thinking,
we invite you to apply for this career opportunity:
PERSONNEL SERVICES MANAGER
($5,327-$6,436)
To obtain application materials, please call (909) 399-5447 or request by
e-mail at tmor+eno@ci.claremont.ca.us
Resumes and a completed City application form must be submitted no
later than August 9, 2002 to:
Bridget Healy
Assistant City Manager
City of Claremont
207 Harvard Avenue
P.O. Box 880
Claremont, California 91711-0880
Westem City, August 2002
Grandstanding Crosses the Line, continued
Everyone's Doing It
The grandstander/meeting-time-waster
may point out that the public and his
rival candidates for the council seat also
abuse the public comment time. Hard as
it may be to resist, a tit-for-tat approach
to misusing meeting time is not the best
approach. Two wrongs don't make a right.
What to Do?
Perhaps the more difficult question is
what to do about grandstanders and other
meeting -time -wasters. Members of the
council in this example have already taken
a good first step by discussing the issue
forthrightly with the council member
in question.
J O B O P P O R T U N I T I E S
0V18HE0
, TA Y 11-A 7-L-RDIS7-RICT
A
'rz �
G
9r�A o�8'tP'�
Chief, Engineering and Water Operations
Salary Range: $102,803-$128,504 (DOQ) plus an excellent benefits package
The Otay Water District is the fastest growing water agency in the region, now serving approximately
120,000 people in the rapidly expanding southeastern region of picturesque San Diego County.
The ideal candidate should have a Bachelor's degree in civil engineering, sanitary engineering,
construction management, planning, public administration, or related field, and five years of
progressively responsible senior level management experience managing water engineering projects
and/or water operations for a public agency or utility. Registration as a Professional Engineer is
desirable.
Call for brochure and supplemental questionnaire or visit our website. First consideration will be
given to complete application packages received no later than September 9, 2002. Apply to:
Dr. Richard Garcia, President
RJA Management Services, Inc.
550 W. Duarte Rd., Ste. 6 • Arcadia, CA 91007 • (626) 447-3318 • EOE RJA
www.rjamanagement.com
tnougnt We are pleased to announce Shannon
Associates, a leader in Executive Search and
Zr, were HR Advisory Services, has joined forces with
riod beforeCPS to become Shannon Executive Search,
a division of CPS Human Resource Services.
7
ter= CPS Human Resource Services provides testing,
consulting, executive search and recruitment
services in the United States and Canada.
n League of California Cities
SHANNON
EXECUTIVE SEARCH
A DIVISION OF
Human Resource Servkes........
14CFS ...
Offices in California & Wisconsin
241 Lathrop Way • Sacramento, CA 95815
916.263.1401
www.cps.ca.gov/shannon
At least one mayor is considering impos-
ing time limits on both council member
and public comments. This levels the
playing field a bit and ideally will send
the message that grandstanding by either
council members or the public is not a
productive use of public meeting time.
Some cities have adopted codes of ethics
and values that address these kinds of
issues. For example, the City of Sunny -
vale's code of conduct specifically says
that city council members should "Be
respectful of other people's time. Stay
focused and act efficiently during public
meetings." It also says council members
should "fully participate in city council
meetings and other public forums while
demonstrating respect, kindness, consid-
eration and courtesy to others."
In a similar vein, the City of Santa Clara
Ethics and Values Statement emphasizes
the importance of communication, par-
ticularly effective two-way communica-
tion that involves listening carefully and
adding value to conversation. The state-
ment also emphasizes the value of collab-
oration and acknowledges that city
officials are part of an overall team.
Interestingly, both Sunnyvale and Santa
Clara have phrased their codes of ethics
positively — by describing how city offs
cials should behave, rather than prohibi
ing certain behaviors. Moreover, Santa
Clara has taken the additional step of
convening meetings with council candi-
dates to discuss the city's ethics and val-
ues statements, so candidates are aware
of and can be held accountable for be-
havior inconsistent with those values
(for example, grandstanding during
public comment time).
Author John Updike observed, "A healtl
male adult bore consumes each year one
and a half times his own weight in othe
people's patience." Patience is the great
lubricant of a civil society. To the extern
that grandstanders and other meeting -
time -wasters exhaust the public's and d
colleagues patience, the civility and h4,–
of our civic institutions is put at risk.
What are your thoughts on this issue?
ILSG welcomesyour feedback through
<ilsg@cacities.org>. !:ti
www.cacitles
ITEM NO. 10e
DATE: October 2, 2002
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION OF THE ELECTRIC RATE STABILIZATION FUND
Discussion at the September 18, 2002 City Council meeting involved questioning the actual
amount of money in the Electric Rate Stabilization Fund - #815. Council member Libby stated
the Fund contained more than twenty million dollars ($20,000,000.00) and staff was not
accurately reporting to the Council. Council member Libby e-mailed a request to the City
Manager to make copies and distribute the ""general ledger report rate stabilization fund
#815" to Council members. The report, staff understands Council member Libby is referring to,
was distributed Wednesday, September 25, 2002. This report was initially prepared on July 19,
2002 in response to a Public Information Act request by Mr. Ron Libby.
We were able to produce the requested transaction information by using the ""General Ledger"
report, a report that is not a regularly used report. However the report parameters could not
be adjusted to correctly reflect the beginning and ending balances since the software was not
intended to retain transaction detail for more than two prior years. The requested information
required a report listing information back to June 1999. In spite of this shortcoming, the
General Ledger report, for the Electric Rate Stabilization Fund #815, was presented to Mr.
Libby in a meeting attended by Finance Director Elton and Public Utilities Director Barnes.
Finance Director Elton explained the report to Mr. Libby as a report that presented the list of
cash transactions he had requested. Additionally, Finance Director Elton explained that both the
beginning and ending account were incorrect since the beginning balance was as of June 30,
2001 and the transactions adding up to that balance were listed individually and added again
Continued on page 2
RECOMMENDED ACTIONS:
1) Discuss the Electric Rate Stabilization Fund
ALTERNATE ACTIONS:
1) Determine no discussion is necessary.
Requested by: Mayor Ashiku
Prepared by: Gordon Elton, Finance Director.
Coordinated with: Candace Horsley, City Manager.
Attachments:
APPROVED: V"
Candace Horsley, City M nager
Page 1 of 2
Electric Rate Stabilization Fund — continued
into the ending balance. This doubled the transactions that occurred on or before June 30,
2001.
Actual balances are reflected in the current period Balance Sheet, Revenue Guideline and
Expense Guideline reports that are regularly produced and are routinely distributed to City
departments. A monthly summary report is prepared by the Budget Officer and distributed to
Council. The independent auditing firm, Davis Hammon & Co., audit the City's financial
statements and issue a report thereon.
Accounting Software: Over a period of years, the annual City budget has reserved money for
replacement of the existing financial software. A request for proposals for new software was
issued in the spring of 2002. Due to the need for extensive study and site visits of proposed
software applications, staff is in the process of evaluating the proposals received. A
recommendation for Council consideration will be forthcoming soon. Full capability to produce
reports for any period for which data is retained in the accounting system would minimize the
potential for erroneous balances appearing on reports.
History of Rate Stabilization Fund On May 19, 1999 the Council adopted a plan and set aside
$6,627,000. In the adopted budget for fiscal year 1999-2000, the Council transferred
$1,167,481 to the Electric Rate Stabilization Fund. In the adopted budget for fiscal year 2000-
2001, the Council transferred an additional $1,306,196 to the Electric Rate Stabilization Fund.
These three transfers total $9,100,677. Beginning with fiscal year 1999-2000, the balance in
the fund earned interest income as a portion of the City's pooled investments. The amount of
income earned varied with the earnings of the investment pool. The preliminary cash balance
as of June 30 2002 is $10,507,446.19. The table below identifies the accumulation of cash by
source.
GE: ERSF 815.doc
Description
Amount
June 1999 transfer
61627,000.00
February 2000 transfer per budget
11167,481.00
FY 1999-2000 Interest received
291 091.50
Cash Balance at 6/30/2000
81085f 572.50
April 2001 transfer
11306,196.00
FY 2000-2001 Interest received
519 047.39
Cash Balance at.6/30/2001
9 910 815.89
FY 2001-2002 Interest received *
596 630.30
Cash Balance at 6/30/2002 *
10 507 446.19
* Preliminary,subject to ear -end adjustments
Page 2 of 2