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HomeMy WebLinkAbout1996-06-19 PacketRESUME Approved w/ Corrections , , Mayor Read , Mayor Read APPROVED Ordinance No. 965 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CiViC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Uklah, CA 95482 June 19, 1996 6:30 p.m. Roll Call Invocation/Pledge of Allegiance Approval of Minutes i. Regular Meeting of June 5, 1996 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 (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 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. Approve Report of Disbursements for the Month of May 1996 b. Deny Claims from Storm Cole; Stella Salmans; Christine Lynnette Kuns and Deanna Lorraine Kuns; and Emitte Kuns; and Refer to City Insurance Carder, REMIF c. Adoption of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code d. Notification Regarding Purchase of Liquid Polymer from Jenchem in the Amount of $7,110.68 ' e. Accept the Work Performed Under the Contract and Authorize City Clerk to File Notice of Completion for ADA Curb Ramp Contract, Specification No. 95-20 f. Approval of Agreement Among Mountain Valley Television Corporation, Mendocino County Office of Education, and the City of Ukiah g. Adopt Revenue and Expenditure Budget Amendment for Summer Camp Division of Community Services, Recreation Department h. Receive Report of Purchase Between $5,000 and $10,000, Pursuant to UCC Section 1522 A3, for Printing Equipment and Software for the Finance Department from Create! Print of America, in the Amount of $8,500 6. Mayor Read Adopted Neg Dec Introduced Ordinance 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, ff 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 aJlow action to be taken on audience comments in which the subject is not listed on the agenda. .pUBLIC HEARING. 7:00 p.m. a. Introduction of Ordinance Amending the City Zoning Map to Rezone City and Ukiah Unified School District Property to "PF" (Public Facilities) . 9am-5pm 6/25,6/26,6/27 6/27, 1 p.m. 6/26, 5 p.m. Adopted Res.No.96-71 /~ Ord. No. 966 Approved UNFINISHED BUSINESS a. Set Dates and Times for Fiscal Year 1996-97 Budget Sessions i. City of Ukiah ii. Ukiah Redevelopment Agency iii. Ukiah Valley Sanitation District 13. Acloption of Resolution Making CEQA Findings and Adoption of Ordinance Amending the Airport Industrial Park Planned Development c. Consideration and Approval of Memorandum of Understanding with Mendocino Brewing Company , Adopted Resolution No. 96-72 Discussion- No Action *** 10. 11. 12. To Budget Sessions ~Authorized 13. .NEW BUSINESS a. Adoption of Resolution Calling November 5, 1996 Municipal Election; Authorizing Consolidation Agreement for Election Services and Approving Candidate Statement Agreement b. Discussion and Possible Action on Filling Council Vacancies Due to Election Results Approved See Urgency Items CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION (Conference with Legal Counsel Rel:la.rding Antici_r~_te~-' LitiGation - Significant Exposure to Liti,n-,_tion Pursuant to Subdivision (b) of Section 54956.9 (1 case) ADJOURNMENT *** Urgency Items 9c. Execution of Stipulated Order of Compliance and Agreement No. 96-01 Pertaining to Levels of Methane Within Migrating Landfill Gas and Completion of Gas Monitoring Network for Ukiah Solid Waste Disposal Site 9d. Approval of Agreement Re~arding Easement Claims With Redwood Business Park of Ukiah and Authorize City Manager to Execute Agreement The City of Uklah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. . Mayor Read Adopted Neg Dec Introduced Ordinance 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. PUBLIC HEARING- 7:00 p.m. a. Introduction of Ordinance Amending the City Zoning Map to Rezone City and Ukiah Unified School District Property to "PF" (Public Facilities) . 9am-5pm 6/25,6/26,6/27 6/27~ 1 p.m. 6/26, 5 p.m. Adopted Res. No. 96-71 ~)~'~ Ord. No. 966 / Approved UNFINISHED BUSINES_R a. Set Dates and Times for Fiscal Year 1996-97 Budget Sessions i. City of Ukiah ii. Ukiah Redevelopment Agency iii. Ukiah Valley Sanitation District b. Adoption of Resolution Making CEQA Findings and Adoption of Ordinance Amending the Airport Industrial Park Planned Development Consideration and Approval of Memorandum of Understanding with Mendocino Brewing Company C. . Adopted Resolution No. 96-72 Discussion- No Action 10. 11. 12. To Budget Sessions ~Authorized 13. Approved 9d. NEW BUSINESS a. Adoption of Resolution Calling November 5, 1996 Municipal Election; Authorizing Consolidation Agreement for Election Services and Approving Candidate Statement Agreement b. Discussion and Possible Action on Filling Council Vacancies Due to Election Results See Urgency Items CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION (Conference with Le!:lal Counsel Rel:lardin;:l Anticil3ated Liti_clation - Si,qnlficant Exl3osure to Liti.qation Pursuant to Subdivision (b) of Section 54956.9 (1 case) ADJOURNMENT Urgency Items Execution of Stipulated Order of Compliance and Agreement No. 96-01 pertaining to Levels of Methane Within Migrating Landfill Gas and Completion of Gas Monitoring Network for Ukiah Solid Waste Disposal Site Approval of Agreement Regarding Easement Claims With Redwood Business Park of Ukiah and Authorize City Manager to Execute Agreement The City of Uklah complies with ADA requirements and will attempt to reasonably accommodate Individuals with disabilities upon request. MINUTES OF THE CITY COUNCIl. OF THE CITY OF UKIAH. June $, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker, and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: Community Services/Assistant Redevelopment Director DeKnoblough, Assistant City Manager Harris, City Manager Horsley, Director of Public Works/City Engineer Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, and Adminiswative Secretary Giuntoli. 2. Invocation/Pledge of Allc~ance Assistant City Manager Han/s gave the invocation, and Mayor Schneiter led the Pledge of Allegiance. 3. Avoroval of Min,tes i. Regular Meeting of May 15, 1996 M/S Shoemaker/lVI~lone to approve the Minutes of the May 15, 1996 regular meeting, as submitted, carried by the following roll call vote: AYES: Councilmembers Masfin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 4. ,,RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 5. CONSENT CALENDAR M/S Malone/Mastin to approve the consent calendar, as follows, with the following correction: Item Se, change Councilmember Malone to Councilmember Mastin for nomination of next Planning Commissioner. a. Adopted Ord. No. 964 Amending Section 3704.6 of the Ukiah City Code, Sewer Regulations. b. Awarded Bid to Southwest Power Inc., in the Amount of $10,489.05, for 10,000 Feet of 4/0 Triplex Cable. c. Awarded Bid to Western States Electric, in the Amount of $14,797.28, for one 1,000 KVA, Transformer. d. Adopted Res. No. 96-68 Adopting Schedule of Fees and Rates for Garbage and Recycling Collection Service. e. Received Report Regarding Commission Terms Expiring June 30, 1996. f. Denied Claim from Richard Howard and Referred to Insurance Carrier, REMIF. g. Denied Claims from Billy Mack Clark, on behalf of Ashley Nichole Clark, Billy Mack Clark, and Carol Whitcombe, and Referred to Insurance Carrier, REMIF. h. Approved Investment Advisory Services with Public Financial Management, Inc. Councilmember Shoemaker commented relative to Item 5h and stated he hoped the former City Treasurer's letter would be forwarded to Public Financial Management, Inc. for comment and analysis. The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 6. .AUDIENCE COMMENTS ON NON-AGENDA ITEM£ No one came forward. Mayor Sclmeiter moved Agenda Item 8a to this time, since it was not yet the 7:00 p.m. scheduled hour for the public hearing. Regular Meeting - June 5, 1996 Page 1 8. UNFINISHED BUSINESS Sa. Am~ointment to Fill the Unexpired Term of City Clerk City Manager Horsley advised the former City Clerk's resignation was effective May 25, 1996, with an election for a new City Clerk to be held in November of 1996. For the interim period, staff is recommending the appointment of part-time Administrative Secretary Marge Cfiuntoli, who has filled in and performed the duties of City Clerk under the supervision of Deputy City Clerk Karen Yoast in the absence of the former City Clerk during her last month of tenure. Upon appointment, Ms. Giuntoli would be working an average of 32 hours per week and receive the City Clerk salary of $1,550 per month. M/S Malone/Mastin to approve the appointment of Marge Cfiuntoli to fill the unexpired term of City Clerk carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. Bb. Adoption of Resolution Establishing Investment Oversight Committee City Manager Horsley reported on the establishment of the City of Ukiah Investment Oversight Committee, which would meet at least every six months. The Committee would consist of the elected Treasurer, Finance Director;, City Manager, one Council member;, and one public member who has governmental accounting experience, such as an outside Auditor, Public Agency Finance Director, or CPA. The public member will be appointed by the Council with a two-year term and no term limits. The public member may not be employed by the City in the previous three years prior to his or her appointment. Each member of the Oversight Committee would receive the monthly portfolio reports, which are in compliance with new statutory requirements, and written quarterly performance reports from the Investment Advisory Service agency. The Committee would also be reviewing the Annual Audit of Investments. The Oversight Committee will review policy, investment strategy, performance, and develop long-range planning for the City's investment portfolio. A representative from the selected Management Advisory Service would be in attendance at the meetings to provide information and assistance. Councilmember Malone offered his services as the Council representative in the fall, suggesting either he or Councilmember Mastin be selected for the reason of term continuity. M/S Malone/Shoemaker to adopt Resolution No 96-69 establishing the Investment Oversight Committee, carried by the following roll call vote. AYES: Councilmembcrs Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 8c. Discussion Regarding Council Appointments/Sun House Guild Councilmcmber Malone reported he had a conflict between his membership on the Board of the North Coast Railroad Authority (NCRA) and the Sun House Guild, which meets at the same time, and recommended that other City representation be appointed to the Guild as his replacement. Discussion followed wherein it was noted there would be three new councilmcmbers elected during thc upcoming election, and that an interim appointment would suffice until those changes were made. It was agreed that Mayor Schneiter would serve as the interim alternate from July through November when Councilmcmber Malone was unable to attend thc Sun House Guild meetings. 9. NEW BUSINESS 9a. Discussion and Determination Regarding GIS System Planning Director Sawyer advised that based on his review he has concluded the costs, which are estimated at $20,000 to $40,000 relative to the Geographic Information System (GIS), would far outweigh the benefits, and he recommends that staff not pursue purchase of this equipment option in the foreseeable future. Regular Meeting - June 5, 1996 Page 2 Discussion followed regarding the Planning Department's current capabilities relative to information retrieval; that it takes an average of four hours of staff time, in terms of research and report writing, to complete a negative declaration for a project on a parcel; and whether the Planning Department's current parcel system is an adequate tool for the City's needs. Eric Larson, 123 Clara Street, stated that he had recently attended a workshop on (}IS at the Planner's Institute Conference. The information he gathered led him to believe it was more than a planning tool, and he would like to see the Council consider it in a broader scope; i.e. for the City's Engineering and Public Safety Departments. Discussion followed wherein it was noted that larger cities with greater resources were more able to avail themselves of such a system. It was the consensus of the Council to abandon plans for the Geographic Information System at this time. 7. PUBLIC HEARING. 7:00 p.m. 7a. Introduction of Ordinance Amending the Airport Industrial Park Planned Development Senior Planner Stump advised that on April 17, 1996, the City Council unanimously voted to introduce an ordinance amending the Airport Industrial Park (ALP) Planned Development. In taking this action, the Council specifically deleted the proposed text describing the Circulation Plan for the AlP, as well as the proposed Circulation Map illustrating the AlP street system. Staff was directed to revise the Circulation Plan language to "preserve" the concept of a southern access mute, and eventually bring it back to the Council in the form of another proposed amendment to the ordinance. Staff prepared the following draft language pursuant to the Council's direction, and presented it to the Planning Commission on May 8, 1996: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park is retained as a concept only. The need for this roadway, and its exact design and routing is neither implied nor specific~y assumed." He further advised the Planning Commission voted 3-2 to recommend the following language: '~Fhe southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park, is retained. Thc roadway's exact design and routing is neither implied nor specific." Staff believes both versions preserve the southern access concept, however, it appears that staff's version is more consistent with the direction provided by the City Council on April 17, 1996. Additionally, the Commission voted unanimously to recommend City Council adoption of the following two 0ddifional amendments related to the Circulation Plan text: a. Add a sentence to Page 2 of the ordinance referencing the new text discussion concerning the AIP Circulation Plan and Circulation Map. This is considered a minor amendment constituting the reference of information, rather than a development standard, specific requirement, or design guideline. b. Add a Circulation Map, identified as Exhibit "B," to illustrate the circulation plan discussion contained in the text. Also to clearly depict both the Airport Business Park and Redwood Business Park on the map. Mr. Stump. referenced the June 5, 1996 letter submitted by Mr. Gary Akerstrom, and advised that Item Nos. 1-4 in said letter are unrelated to this discussion, were not noticed for this discussion, and have not been subject to Planning Commission review. If Mr. Akerstrom wishes to pursue 0ddJfional amendments, there is an application and formal process to do so. Item Nos. 5 and 6 of Mr. Akerstrom's letter are related to the present discussion; however, staff feels it would be in~_a_ppropriate to act on Item No. 5 at this time. Staff would, however, support thc minor map change delineated in Item No. 6 of Mr. Akerstrom's letter, and will include that in the recommendation that the ordinance be introduced and the map be revised accordingly. He Regular Meeting - June 5, 1996 Page 3 concluded staff is recommending that the Council introduce by tide only staffs proposed version of the wording of the circulation plan and circulation map as well as Items "a" and "b" as listed on Page 2 of the staff report. Discussion followed regarding noticing of the public hearing and clarification of the items to be discussed. Councilmember Shoemaker inquired as to how the EIR addresses the old proposed southern access. Mr. Stump replied the EIR assumes the southern access would be connected; the EIR evaluates what impacts would potentially be created in terms of traffic and other conflicts listed in the EIR. However, depending on the exact routing and design, there may be a need for an additional CEQA review. Any proposal would be evaluated against the EIR to determine if an additional CEQA review would be required at that time. Discussion followed relative to impacts should the southern access not be consumcted. Public Hearing Opened:: 7:25 p.m. Gary Akerstrom, 425 Talmage Road, noted that thc first four items in his letter reflect concerns regarding the traffic circulation plan, but not the specific comments being considered at this meeting. Regarding the southern access road, there are basically three routes. One is the route that was initially shown with the specific plan, of going across the clear zone of the airport. The Norgard Lane route remains a bad idea; the engineering and traffic and right-of-way improvement concerns would be problematic to solve. The third option of running the street along the freeway would entail an underpass modification for the freeway, which would also be difficult to design and solve. A route on the west side would be advantageous in that the road could be brought back to State Street and might access properties that would be under the landing flight plan of the Airport. The Council needs to take action that will allow planning to go forward. As time goes on, the southern access becomes more remote; however, a southern access should not be precluded. Public Hearing Closed: 7:31 p.m. Councilmember Mastin commented that both alternatives on the agenda reflect Mr. Akerstrom's concern that Council not close discussion of the issue and are not taking any steps to say it is going to go through. Discussion followed relative to future action that might be taken on a southern access. Commissioner Shoemaker recommended a change in staffs proposed language for the ordinance, which would read when amended: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park, is retained, but exact design and routing is neither implied nor specifically assumed. lVl/S Shoemakcr/Mastin to introduce by title only staffs proposed wording of the ordinance amending thc Airport Industrial Park Planned Development with the minor map change and above noted language amendment by Councilmember Shoemaker, carried by an all AYE voice vote. Administrative Secretary Oiuntoli read the Ordinance by title only. M/S Shoemaker/lVlastin to introduce the Ordinance of the City Council of the City of Uldah Amending the Airport Industrial Park Planned Development, as amended above, carried by the fonowing roU call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. Regular Meeting - June 5, 1996 Page 4 7b. Adoption of Resolution Establishing Rental Fees for Alex R. Thomas, Jr. Plaza and Adopt Vendor Use Guidelines Assistant Redevelopment Director DeKaoblough advised there will be a total of four vending sit~s placed in each of thc four comers of the Thoma.q Plaza. He explained the proposed guidelines, the permits that would be necessary from the City and the County, some of the basic rental rates, and kiosk sizes. City Manager Horsley cia_dried the reason for the 60 day stipulation in the guidelines to secure insurance was looked at as the extension of the microenterprise, where instead of having just established caterers and restaurants, that someone who maybe would like to start a business could submit a request, get it approved, and then have time to get the permits and licenses that they needed. Approximately 80% of the vendors who have applied already have their licenses. This way it will give new businesses a chance. Councilmember Malone asked what the basis was for choosing the vendors and if a variety of vendors would have an oppommity during different times of the year. Mr. DeKnoblough replied vendors would be chosen depending on the various mix of products sold and the merits of the application. The next person on the list would be notified if a proposed vendor fails to appear as agreed. Councilmember Shoemaker referenced Page 2, Exhibit "A," Plaza and Stage, No. 6 under Policies, and suggested an additional clause requiring alcohol servers sign a responsible server/hospitality agreement. Discussion followed relative to the Guidelines for Use of Vendor Sites at Alex R. Thomas Plaza. Public Hearing Opened: 7:59 p.m. No one came forward. Public Hearing Closed: 8:00 p.m. Discussion followed relative to the criteria being listed on the guidelines so that individuals can determine if their business enterprise would be acceptable. City Attorney Rapport emphasized rules for vendor selection must be stated or the City hms the risk of being accused of unbridled discretion. Discussion followed relative to the selection of vendors. It was noted the guidelines were lacking in some specifics, but that due to the summer time line, action on the resolution was needed at this time. Mayor Schneiter clarified the discussed changes in "Exhibit A", The Guidelines for Use of Vendor Sites at Alex R. Thomas Pla,& which included: No. 1. No. 2. No. 4. No. 7. No. 8. Replace "60 days" with "30 days." Replace "7" with "5." Delete the last sentence and replace with, "Late payments will be assessed at $5 per day. After 7 days your permit will be withdrawn." Insert wording relative to removal of refuse. Replace "sole authority" with "discretion." Mayor Schneiter timber clarified that Councilmember Shoemaker's suggestion regarding the responsible server agreement will be incorporated in the motion. M/S Mastin/Malone to adopt Resolution No. 96-70 establishing rental rates for Alex R. Thomas, Jr., Plaza, with the above suggested changes to "Exhibit A," carried by the following roll call vote. AYES: Councilmembers Mastin, Malone, Shoemai~er, and Mayor Schneiter. NOES: None. Regular Meeting - June 5, 1996 Page 5 ABSTAIN: None. ABSENT: Councilmember Wattenburger. 9b. _Introduction of Ordinance Amending Chapter 12, Section 1965, Municipal Parks an, I Facilities of the City of Ukiah Municipal Code City Manager Horsley advised this ordinance was designed to condense the requirements contained in other ordinances so that it was clear what was allowed and what was not allowed in the City's park system. Discussion ensued regarding the ordinance wording changes, as follows: {}Section Two, 2001.lA, amend 1st sentence to read, "No person shall use a bicycle, skateboard, rollerblade, roller skate or non-motorized conveyance in the Plaza." 2001.lC, amend to read, "No person shall permit a dog under his or her ownership or control to enter upon or remain in the Plaza." 2001.1D, amend to read, "No person shall permit a motor vehicle under his or her ownership or control to enter upon or remain in thc Plaza, unless authorized by thc City Manager or the Director of Recreation and Parks." M/S Malone/Mastin to introduce by title only the Ordinance of the City Council of the City of Uldah Amending Section 1965, Identifying City Parks and Adding Section 2000.1, Establishing Special Rules for Alex R. Thomas, Jr. Plaza, of the Ukiah City Code, as amended above, carried by an all AYE voice vote. - Administrative Secretary Giuntoli read the Ordinance by title only. M/S Malone/Mastin to introduce the Ordinance Amending Section 1965, Identifying City Parks and Adding Section 2000.1, Establishing Special Rules for Alex R.Thomas, Jr. PlaT& as amended above, carded by the following mil call vote. AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 9c. Amrrove Budget Amendment in the Amount of $6,000 for Replacement of Heating and Ai, ..Conditioning Unit in Golf Course Clubhouse .... City Manager Horsley advised there has been a breakdown of the heating and air conditioning system at the clubhouse due to inadequate sizing of the ventilation lines which created a burden on the compressor and caused the unit to ultimately bum out. Community Services Director DeKnoblough advised the original system design was inadequate and has created a constant mechanical problem and the current need for repair. Staff is recommending the replacement of the entire air conditioning unit and also the up sizing of the lines, converting it to a gas unit, and going to a 12 seer. Staff is proposing the purchase of the maximum efficiency unit and the conversion of those units to gas to further maximize savings. Discussion followed that the problems originated in the original design four years ago, and the funds would be coming from the Golf Enterprise Fund. M/S Malone/Sclmeiter to approve the budget amendment in the amount of $6,000 for replacement of the heating and air conditioning unit at the Golf Course Clubhouse and award contract to AC&R, carried by the following roil call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Cotmcilmember Wattenburger. 10. CITY COUNCIL/REPORTS Councilmember Mastin reported there was a good turnout for the Russian River Run. He further reported Bruce Richard advised them he was working on a Caltrans grant for $40,000 to help with the construction of an intemodal transportation facility and asked if the City would be Regular Meeting - June 5, 1996 Page 6 amenable to writing a letter of support to Caltrans for it. Mr. Richard will supply more information and may attend the next City Council meeting, if necessary. He also advised that Congressman Riggs notified them that there will possibly be $600,000 for new buses for MTA over the next five years. They will hear the final decision tomorrow. Councilmember Malone reported that the candidate interviews for the Uldah Chamber of Commerce Executive Director will be held next week. He further reported he received a letter from NCRA which agendized the intemodal transit site at the railroad station. There are still issues regarding land use leases in general for the rail sites up and down the line, but that should not hold up endorsement of the project. The Council members will be receiving invitations to the June 16 train ride to Willits. Councilmember Shoemaker reported that at MCOG they allocated the monies for the upcoming fiscal year with a net cut to transit of $80,000. He further reported the Solid Waste Authority finally agreed to purchase the land for the u'ansfer site, and it will close in a few days. West America Savings Bank fiaanced the project at a very good rate, and they are interested in long- term financing as the project goes forward. Mayor Schneiter reported that the Mayors/Managers met on May 30. The main focus of the meeting was that Bruce Burton is going to agendize a Solid Waste Management Authority meeting at a time when members of thc other cities' Councils can attend to discuss thc alternatives and options facing cities regarding solid waste management. It would be an opportunity to hear the policy of the Authority. He further reported that Redwood Valley Water District has decided to join the JPA. Discussion followed relative to Redwood Valley's action. Mayor Schneiter reminded the Council of the Redevelopment Meeting on Wednesday, June 12, at 9:00 a.m. for awarding the contract for the extension of Airport Park Boulevard. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley advised that Spencer Brewer is having a party at his home for musician Richie Havens following the first Sunday Concert in the Park. She further advised that City employee Jim Moody was injured when a radiator exploded in a piece of temporary equipment being used until the City could purchase its own. It was only a lesser degree burn, so the hospital sent him_ home, but it will require healing time. 12. CLOSED SESSION a. Pursuant to G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existin? Litigation (Ashoff, et al vs. City of Uldah) The Council entered into closed session at 8:36 p.m. There was no action announced. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 9:36 p.m. a:cc/m060596 Marge Giuntoli, Recording Secretary Regular Meeting - June 5, 1996 Page 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - June 5, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker, and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: Community Services/Assistant Redevelopment Director DeKnoblough, Assistant City Manager Harris, City Manager Horsley, Director of Public Works/City Engineer Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, and Administrative Secretary Giuntoli. 2. Invocation/Pledge of Allegiance Assistant City Manager Harris gave the invocation, and Mayor Schneiter led the Pledge of Allegiance. 3. Approval of Minutes i. Regular Meeting of May 15, 1996 M/S Shoemaker/M~lone to approve the Minutes of the May 15, 1996 regular meeting, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 4. RIGHT TO APPEAL DEC/SION Mayor Schneiter explained the appeal process. 5. CONSENT CALENDAR M/S Malone/Mastin to approve the consent calendar, as follows, with the following correction: Item 5e, change Councilmember Malone to Councilmember Mastin for nomination of next Planning Commissioner. a. AdOPted Ord. No. 964 Amending Section 3704.6 of the Ukiah City Code, Sewer Regulations. b. Awarded Bid to Southwest Power Inc., in the Amount of $10,489.05, for 10,000 Feet of 4/0 Triplex Cable. c. Awarded Bid to Western States Electric, in the Amount of $14,797.28, for one 1,000 KVA, Transformer. d. Adopted Res. No. 96-68 Adopting Schedule of Fees and Rates for Garbage and Recycling Collection Service. e. Received Report Regarding Commission Terms Expiring June 30, 1996. f. Denied Claim from Richard Howard and Referred to Insurance Carrier, REMIF. g. Denied Claims from Billy Mack Clark, on behalf of Ashley Nichole Clark, Billy Mack Clark, and Carol Whitcombe, and Referred to Insurance Carder, REMIF. h. Approved Investment Advisory Services with Public Financial Management, Inc. Councilmember Shoemaker commented relative to Item 5h and stated he hoped the former City Treasurer's letter would be forwarded to Public Financial Management, Inc. for comment and analysis. The motion carried by the following roll call vote: AYES' Counci!members Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilrnember Wattenburger. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter moved Agenda Item 8a to this time, since it was not yet the 7:00 p.m. scheduled hour for the public hearing. Regular Meeting - June 5, 1996 Page 1 8. UNFINISHED BUSINESS 8a. Avoointment to Fill the Unexpired Term of City Clerk City Manager Horsley advised the former City Clerk's resignation was effective May 25, 1996, with an election for a new City Clerk to be held in November of 1996. For the interim period, staff is recommending the appointment of part-time Administrative Secretary Marge Giuntoli, who has fried in and performed the duties of City Clerk under the supervision of Deputy City Clerk Karen Yoast in the absence of the former City Clerk during her last month of tenure. Upon appointment, Ms. Giuntoli would be working an average of 32 hours per week and receive the City Clerk salary of $1,550 per month. M/S Malone/Mastin to approve the appointment of Marge Giuntoli to fill the unexpired term of City Clerk carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES' None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 8b. Adoption of Resolution Establishing Investment Oversight Committee City Manager Horsley reported on the establishment of the City of Ukiah Investment Oversight Committee, which would meet at least every six months. The Committee would consist of the elected Treasurer; Finance Director;, City Manager;, one Council member; and one public member who has governmental accounting experience, such as an outside Auditor, Public Agency Finance Director, or CPA. The public member will be appointed by the Council with a two-year term and no term limits. The public member may not be employed by the City in the previous three years prior to his or her appointment. Each member of the Oversight Committee would receive the monthly portfolio reports, which are in compliance with new statutory requirements, and written quarterly performance reports from the Investment Advisory Service agency. The Committee would also be reviewing the Annual Audit of Investments. The Oversight Committee will review policy, investment strategy, performance, and develop long-range planning for the City's investment portfolio. A representative from the selected Management Advisory Service would be in attendance at the meetings to provide information and assistance. Councilmember Malone offered his services as the Council representative in the fall, suggesting either he or Councilmember Mastin be selected for the reason of term continuity. M/S Malone/Shoemaker to adopt Resolution No 96-69 establishing the Investment Oversight Committee, carded by the following roll call vote. AYES' Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 8c. Discussion Regarding Council Appointments/Sun House Guild Councilmember Malone reported he had a conflict between his membership on the Board of the North Coast Railroad Authority (NCRA) and the Sun House Guild, which meets at the same time, and recommended that other City representation be appointed to the Guild as his replacement. Discussion followed wherein it was noted there would be three new councilmembers elected during the upcoming election, and that an interim appointment would suffice until those changes were made. It was agreed that Mayor Schneiter would serve as the interim alternate from July through November when Councilmember Malone was unable to attend the Sun House Guild meetings. 9. NEW BUSINESS 9a. Discussion and Determination Regarding GIS System Planning Director Sawyer advised that based on his review he has concluded the costs, which are estimated at $20,000 to $40,000 relative to the Geographic Information System (GIS), would far outweigh the benefits, and he recommends that staff not pursue purchase of this equipment option in the foreseeable future. Regular Meeting - June 5, 1996 Page 2 Discussion followed regarding the Planning Department's current capabilities relative to information retrieval; that it takes an average of four hours of staff time, in terms of research and report writing, to complete a negative declaration for a project on a parcel; and whether the Planning Department's current parcel system is an adequate tool for the City's needs. Eric Larson, 123 Clara Street, stated that he had recently attended a workshop on GIS at the Planner's Institute Conference. The information he gathered led him to believe it was more than a planning tool, and he would like to see the Council consider it in a broader scope; i.e. for the City's Engineering and Public Safety Departments. Discussion followed wherein it was noted that larger cities with greater resources were more able to avail themselves of such a system. It was the consensus of the Council to abandon plans for the Geographic Information System at this time. 7. PUBLIC HEARING - 7:00 p.m. 7a. Introduction of Ordinance Amending the Airport Industrial Park Planned Development Senior Planner Stump advised that on April 17, 1996, the City Council unanimously voted to introduce an ordinance amending the Airport Industrial Park (AIP) Planned Development. In taking this action, the Council specifically deleted the proposed text describing the Circulation Plan for the AIP, as well as the proposed Circulation Map illustrating the AIP street system. Staff was directed to revise the Circulation Plan language to "preserve" the concept of a southern access route, and eventually bring it back to the Council in the form of another proposed amendment to the ordinance. Staff prepared the following draft language pursuant to the Council's direction, and presented it to the Planning Commission on May 8, 1996: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park is retained as a concept only. The need for this roadway, and its exact design and routing is neither implied nor specifically assumed." He further advised the Planning Commission voted 3-2 to recommend the following language: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park, is retained. The roadway's exact design and routing is neither implied nor specific." Staff believes both versions preserve the southern access concept, however, it appears that staff's version is more consistent with the direction provided by the City Council on April 17, 1996. Additionally, the Commission voted unanimously to recommend City Council adoption of the following two additional amendments related to the Circulation Plan text: a. Add a sentence to Page 2 of the ordinance referencing the new text discussion concerning the AIP Circulation Plan and Circulation Map. This is considered a minor amendment constituting the reference of information, rather than a development standard, specific requirement, or design guideline. b. Add a Circulation Map, identified as Exhibit "B," to illustrate the circulation plan discussion contained in the text. Also to clearly depict both the Airport Business Park and Redwood Business Park on the map. Mr. Stump referenced the June 5, 1996 letter submitted by Mr. Gary Akerstrom, and advised that Item Nos. 1-4 in said letter are unrelated to this discussion, were not noticed for this discussion, and have not been subject to Planning Commission review. If Mr. Akerstrom wishes to pursue additional amendments, there is an application and formal process to do so. Item Nos. 5 and 6 of Mr. Akerstrom's letter are related to the present discussion; however, staff feels it would be inappropriate to act on Item No. 5 at this time. Staff would, however, support the minor map change delineated in Item No. 6 of Mr. Akerstrom's letter, and will include that in the recommendation that the ordinance be introduced and the map be revised accordingly. He Regular Meeting - June 5, 1996 Page 3 concluded staff is recommending that the Council introduce by title only staffs proposed version of the wording of the circulation plan and circulation map as well as Items "a" and "b" as listed on Page 2 of the staff report. Discussion followed regarding noticing of the public hearing and clarification of the items to be discussed. Councilmember Shoemaker inquired as to how the EIR addresses the old proposed southern access. Mr. Stump replied the EIR assumes the southern access would be connected; the EIR evaluates what impacts would potentially be created in terms of traffic and other conflicts listed in the EIR. However, depending on the exact routing and design, there may be a need for an additional CEQA review. Any proposal would be evaluated against the EIR to determine if an additional CEQA review would be required at that time. Discussion followed relative to impacts should the southern access not be constructed. Public Hearing Opened:: 7:25 p.m. Gary Akerstrom, 425 Talmage Road, noted that the fn'st four items in his letter reflect concerns regarding the traffic circulation plan, but not the specific comments being considered at this meeting. Regarding the southern access road, there are basically three routes. One is the route that was initially shown with the specific plan, of going across the clear zone of the airport. The Norgard Lane route remains a bad idea; the engineering and traffic and right-of-way improvement concerns would be problematic to solve. The third option of running the street along the freeway would entail an underpass modification for the freeway, which would also be difficult to design and solve. A route on the west side would be advantageous in that the road could be brought back to State Street and might access properties that would be under the landing flight plan of the Airport. The Council needs to take action that will allow planning to go forward. As time goes on, the southern access becomes more remote; however, a southern access should not be precluded. Public Hearing Closed: 7:31 p.m. Councilmember Mastin commented that both alternatives on the agenda reflect Mr. Akerstrom's concern that Council not close discussion of the issue and are not taking any steps to say it is going to go through. Discussion followed relative to future action that might be taken on a southern access. Commissioner Shoemaker recommended a change in staffs proposed language for the ordinance, which would read when amended: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park, is retained, but exact design and routing is neither implied nor specifically assumed. M/S Shoemaker/Mastin to introduce by title only staffs proposed wording of the ordinance amending the Airport Industrial Park Planned Development with the minor map change and above noted language amendment by Councilmember Shoemaker, carded by an all AYE voice vote. Administrative Secretary Giuntoli read the Ordinance by title only. M/S Shoemaker/Mastin to introduce the Ordinance of the City Council of the City of Uldah Amending the Airport Industrial Park Planned Development, as amended above, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. Regular Meeting - June 5, 1996 Page 4 7b...Adoption of Resolution Establishing Rental Fees for Alex R. Thomas, Jr. Plaz_a and Adopt Vendor Use Guidelines Assistant Redevelopment Director DeKnoblough advised there will be a total of four vending sites placed in each of the four comers of the Thomas Plaza. He explained the proposed guidelines, the permits that would be necessary from the City and the County, some of the basic rental rates, and kiosk sizes. City Manager Horsley clarified the reason for the 60 day stipulation in the guidelines to secure insurance was looked at as the extension of the microenterprise, where instead of having just established caterers and restaurants, that someone who maybe would like to start a business could submit a request, get it approved, and then have time to get the permits and licenses that they needed. Approximately 80% of the vendors who have applied already have their licenses. This way it will give new businesses a chance. Councilmember Malone asked what the basis was for choosing the vendors and if a variety of vendors would have an opportunity during different times of the year. Mr. DeKnoblough replied vendors would be chosen depending on the various mix of products sold and the merits of the application. The next person on the list would be notified if a proposed vendor fails to appear as agreed. Councilmember Shoemaker referenced Page 2, Exhibit "A," Plaza and Stage, No. 6 under Policies, and suggested an additional clause requiring alcohol servers sign a responsible server/hospitality agreement. Discussion followed relative to the Guidelines for Use of Vendor Sites at Alex R. Thomas Plaza. Public Hearing Opened: 7:59 p.m. No one came forward. Public Hearing Closed: 8:00 p.m. Discussion followed relative to the criteria being listed on the guidelines so that individuals can determine if their business enterprise would be acceptable. City Attorney Rapport emphasized rules for vendor selection must be stated or the City runs the risk of being accused of unbridled discretion. Discussion followed relative to the selection of vendors. It was noted the guidelines were lacking in some specifics, but that due to the summer time line, action on the resolution was needed at this time. Mayor Schneiter clarified the discussed changes in "Exhibit A", The Guidelines for Use of Vendor Sites at Alex R. Thomas Plaza, which included: No. 1. No. 2. No. 4. No. 7. No. 8. Replace "60 days" with "30 days." Replace "7" with "5." Delete the last sentence and replace with, "Late payments will be assessed at $5 per day. After 7 days your permit will be withdrawn." Insert wording relative to removal of refuse. Replace "sole authority" with "discretion." Mayor Schneiter further clarified that Councilmember Shoemaker's suggestion regarding the responsible server agreement will be incorporated in the motion. M/S Mastin/Malone to adopt Resolution No. 96-70 establishing rental rates for Alex R. Thomas, Jr., Plaza, with the above suggested changes to "Exhibit A," carded by the following roll call vote. AYES. Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Regular Meeting - June 5, 1996 Page 5 ABSTAIN: None. ABSENT: Councilmember Wattenburger. 9b. Introduction of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code City Manager Horsley advised this ordinance was designed to condense the requirements contained in other ordinances so that it was clear what was allowed and what was not allowed in the City's park system. Discussion ensued regarding the ordinance wording changes, as follows: §Section Two, 2001.lA, amend 1st sentence to read, "No person shall use a bicycle, skateboard, rollerblade, roller skate or non-motorized conveyance in the Plaza." 2001.1C, amend to read, "No person shah permit a dog under his or her ownership or control to enter upon or remain in the Plaza." 2001.1D, amend to read, "No person shall permit a motor vehicle under his or her ownership or control to enter upon or remain in the Plaza, unless authorized by the City Manager or the Director of Recreation and Parks." MIS Malone/Mastin to introduce by title only the Ordinance of the City Council of the City of Ukiah Amending Section 1965, Identifying City Parks and Adding Section 2000.1, Establishing Special Rules for Alex R. Thomas, Jr. Plaza, of the Ukiah City Code, as amended above, carded by an all AYE voice vote. Administrative Secretary Giuntoli read the Ordinance by title only. MIS Malone/Mastin to introduce the Ordinance Amending Section 1965, Identifying City Parks and Adding Section 2000.1, Establishing Special Rules for Alex R.Thomas, Jr. Plaza, as amended above, carded by the following roll call vote. AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 9c. Approve Budget Amendment in the Amount of $6,000 for Replacement of Heating and Air Conditioning Unit in Golf Course Clubhouse City Manager Horsley advised there has been a breakdown of the heating and air conditioning system at the clubhouse due to inadequate sizing of the ventilation lines which created a burden on the compressor and caused the unit to ultimately bum out. Community Services Director DeKnoblough advised the original system design was inadequate and has created a constant mechanical problem and the current need for repair. Staff is recommending the replacement of the entire air conditioning unit and also the up sizing of the lines, converting it to a gas unit, and going to a 12 seer. Staff is proposing the purchase of the maximum efficiency unit and the conversion of those units to gas to further maximize savings. Discussion followed that the problems originated in the original design four years ago, and the funds would be coming from the Golf Enterprise Fund. MIS Malone/Schneiter to approve the budget amendment in the amount of $6,000 for replacement of the heating and air conditioning unit at the Golf Course Clubhouse and award contract to AC&R, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 10. CITY COUNCIL/REPORTS Councilmember Mastin reported there was a good turnout for the Russian River Run. He further reported Bruce Richard advised them he was working on a Caltrans grant for $40,000 to help with the construction of an intemodal transportation facility and asked if the City would be Regular Meeting - June 5, 1996 Page 6 amenable to writing a letter of support to Caltrans for it. Mr. Richard will supply more information and may attend the next City Council meeting, if necessary. He also advised that Congressman Riggs notified them that there will possibly be $600,000 for new buses for MTA over the next five years. They will hear the final decision tomorrow. Councilmember Malone reported that the candidate interviews for the Ukiah Chamber of Commerce Executive Director will be held next week. He further reported he received a letter from NCRA which agendized the intemodal transit site at the railroad station. There are still issues regarding land use leases in general for the rail sites up and down the line, but that should not hold up endorsement of the project. The Council members will be receiving invitations to the June 16 train ride to Willits. Councilmember Shoemaker reported that at MCOG they allocated the monies for the upcoming fiscal year with a net cut to transit of $80,000. He further reported the Solid Waste Authority finally agreed to purchase the land for the transfer site, and it will close in a few days. West America Savings Bank financed the project at a very good rate, and they are interested in long- term financing as the project goes forward. Mayor Schneiter reported that the Mayors/Managers met on May 30. The main focus of the meeting was that Bruce Burton is going to agendize a Solid Waste Management Authority meeting at a time when members of the other cities' Councils can attend to discuss the alternatives and options facing cities regarding solid waste management. It would be an opportunity to hear the policy of the Authority. He further reported that Redwood Valley Water District has decided to join the JPA. Discussion followed relative to Redwood Valley's action. Mayor Schneiter reminded the Council of the Redevelopment Meeting on Wednesday, June 12, at 9:00 a.m. for awarding the contract for the extension of Airport Park Boulevard. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley advised that Spencer Brewer is having a party at his home for musician Richie Havens following the first Sunday Concert in the Park. She further advised that City employee Jim Moody was injured when a radiator exploded in a piece of temporary equipment being used until the City could purchase its own. It was only a lesser degree bum, so the hospital sent him home, but it will require healing time. 12. CLOSED SESSION Pursuant to G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation (Ashoff, et al vs. City of Ukiah) The Council entered into closed session at 8:36 p.m. There was no action announced. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 9:36 p.m. a:cc/m060596 Marge Giuntoli, Recording Secretary Regular Meeting - June 5, 1996 Page 7 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 19, 1996 6:30 p.m. · . . Roll Call Invocation/Pledge of Allegiance Approval of Minutes i. Regular Meeting of June 5, 1996 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 (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 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. Approve Report of Disbursements for the Month of May 1996 b. Deny Claims from Storm Cole; Stella Salmans; Christine Lynnette Kuns and Deanna Lorraine Kuns; and Emitte Kuns' and Refer to City Insurance Carrier, REMIF ' c. Adoption of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code d. Notification Regarding Purchase of Liquid Polymer from Jenchem in the Amount of $7,110.68 ' e. Accept the Work Performed Under the Contract and Authorize City Clerk to File Notice of Completion for ADA Curb Ramp Contract, Specification No. 95-20 f. Approval of Agreement Among Mountain Valley Television Corporation, Mendocino County Office of Education, and the City of Ukiah g. Adopt Revenue and Expenditure Budget Amendment for Summer Camp Division of Community Services, Recreation Department h. Receive Report of Purchase Between $5,000 and $10,000, Pursuant to UCC Section 1522 A3, for Printing Equipment and Software for the Finance Department from Create! Print of America, in the Amount of $8,500 . . . . 10. 11. 12. 13. 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. PUBLIC HEARING - 7:00 p.m. a. Introduction of Ordinance Amending the City Zoning Map to Rezone City and Ukiah Unified School District Property to "PF" (Public Facilities) UNFINISHED BUSINESS a. Set Dates and Times for Fiscal Year 1996-97 Budget Sessions i. City of Ukiah ii. Ukiah Redevelopment Agency iii. Ukiah Valley Sanitation District b. Adoption of Resolution Making CEQA Findings and Adoption of Ordinance Amending the Airport Industrial Park Planned Development c. Consideration and Approval of Memorandum of Understanding with Mendocino Brewing Company NEW BUSINESS a. Adoption of Resolution Calling November 5, 1996 Municipal Election; Authorizing Consolidation Agreement for Election Services and Approving Candidate Statement Agreement b. Discussion and Possible Action on Filling Council Vacancies Due to Election Results CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION (Conference with Legal Counsel Re .clardin_a Anticipated Liti_clation - Si,qnificant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9 (1 case) ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO. DATE June 19, 1996 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MAY 1996 Payments made during the month of May 1996, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 76877 to 77335 Payroll check numbers: 66272 to 66687 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of May 1996. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kimberly Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVED.~' '~-~:~-~~ ~_.AL Candace Horsl~y, City ~anager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MAY 1996 Demand Payments approved: Check No. 76877 to 77335 inclusive. FUNDS: 100 120 150 141 142 200 220 230 260 300 312 320 332 335 405 410 550 575 600 618 611 612 620 650 660 General Fund Capital Improvement Civic Center Construction Museum Grants National Science Foundation Asset Seizure Fund Parking Dist. Rev. Fund Parking Dist. //1 Rev. Fund Downtown Business Improv. Gas Tax Airport Master Plan Grant Airport Clear Zone Fund Federal Emergency Grant Comm. Dev. Comm. Fund Youth Services Ukiah Conference Center Fund Lake Mendocino Bond Garage Airport Flood Damages Sewer Construction Fund City/District Sewer Special Sewer Fund (Cap Imp) Spec San Dist Fund (Cap Imp) Sanit. Disp. Site $133,753.62 $1,951.02 $570.00 $1,095.56 $689.15 $39,OOO.00 $4,604.00 $78.76 $14,219.54 $1,212,623.29 $19,719.38 $14,407.06 $1,635.07 $34,970.11 $24,508.80 ($15,600.16) 661 663 665 67O 675 678 68O 693 695 696 697 698 8OO 8O5 820 920 910 900 940 950 960 962 965 966 555 Sanitary Disp. Replace Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Liability Fund Worker's Comp. Fund Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Lake Mendocino Bond Reserve PAYROLL CHECKS NO. 66272 to 66486 PAYROLL PERIOD 4/21/96 to 5/4/96 PAYROLL CHECKS NO. 66487 to 66687 PAYROLL PERIOD 5/5/96 to 5/18/96 TOTAL TOTAL TOTAL DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on $36,927.51 ($5,505.78) $311.77 $84,517.77 $1,086.51 $3,520.51 $40,724.17 $45,542.09 $21,966.08 $551,704.04 $8,108.81 $27,974.29 $170,237.00 $19,849.54 $114,372.38 $1,599.65 $4,601.67 $54,207.00 $106,102.43 $198,137.36 ($262.64) $2,973,947.36 $150,995.24 $350,561.39 $3,475,503.99 City Clerk I have examined this Register and approve same. APPROVAL OF CITY MANAGER City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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The claim from Stella Salmans was received by the City of Ukiah on June 3, 1996 and alleges damages related to a fall in the 100 block of Nortona vehicle located within the public parking lot at Henry and Scott Streets on February 7, 1996. The claims from Christine Lynnette Kuns and Deanna Lorraine Kuns were received by the City of Ukiah on June 7, 1996 and allege damages related to a fire at 670 Sidnie Street on December 26, 1995. The petition for these two individuals includes Ashley Nicole Clark as a claimant. A claim for Ms. Clark was previously denied by the City Council and is thus not to be considered at this time. The claim from Emitte Kuns was received by the City of Ukiah on June 12, 1996 and alleges damages related to a fire at 670 Sidnie Street on December 26, 1995. Pursuant to City policy it is recommended the City Council deny the claims as stated and refer it to REMIF, the City of Ukiah's insurance carrier. RECOMMENDED ACTION: Deny Claims for Damages received from Storm Cole, Stella Salmans, Christine Lynnette Kuns, Deanna Lorraine Kuns, and Emitte Kuns, and Refer them to REMIF, the City's Insurance Carrier. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A Yes Claimants ~j~L.~"~ ' Michael F. Harris, AICP, Assistant City Manager ~ Candace Horsley, City Manager 1. Claim of Storm Cole, pages 1-3. 2. Claim of Stella Salmans, pages 4-11. 3. Claims of Christine Lynnette Kuns & Deanna Lorraine Kuns, pages 12-17. 4. Claim of Emitte Kuns, pallas 18-21. APPROVED: ~ _~ ~,'1 Candace Horsley, City M!nager mfh:asrcc 61996CLAIM NOTICE OF CLAIM AGAINST CITY OF UKIAH, CALIFO This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the cla£mant or by a person acting on his/her behalf. City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 RETURN TO: CLAIMANT ' S NAME: ® · Number/Street and Post Office Box ~ity ' ~tate Hom~ Phone Number Zip Code Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE .SENT (if different than above): · · · GENE~L DESCRIPTION OF THE ACCIDENT OR .~CC~~CE (Attach~'~~' additional paq~s if more space is needed): ~ ~ *~ ~ 9 · NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: .-- · · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS a. TELEPHONE Be NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE A® B· 10. 11. 12. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective. general damages: $ (7 The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented al of the of action not later than one (1) year after ac,c~u cause . - -/ -' ' ~IG~ATURE OP CLAIMANT (S) Received in City Clerk's Office this ~~. day of ~~ S~ATU,RE NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3: FORM~CLAIM Rev: 3110195 ROUND TREE GLASS 1290 S. STATE ST~707)UKIAH, CALIFORNIA 95482 FPHO.I='. "~~ FAX: (707)462-4738 1, NS. CO. ,,jj~ .~. No. s~5~ ~o ~o. I ~'~ A ~u ~ ~ QUANT SIZE DESCRIPTION o ~ c ~ No- 61494 TERMS: NET CASH. Ail bills due and pay- able from this invoice. A service charge of IrA% per month, 18°/* annual, will be charged on all bills not paid 30 days from date of this invoice. UNIT AMOUNT REC'D ~(")/1~ ~ ;RIPTION OF LABOR PERFORMED TOTAL MATER. TAX TOTAL LABOR NI.T TOTAL CITy 0~: UKIAH JU~/ 0 3 1996 CITy CLERK DEPARTMENT NOTICE OF CLAIM AGAINST THE CITY OF UKIAIt, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of "'.~.zt_e'~ !, of the Government Code of the State of California, by the claimant or by a person acting on his~her behalf. -R C : · ~ 01:' UKIAH City Clerk's Office City of Ukiah 300 Seminary Avenue RETURN TO= i · Ukiah, California 95482 · Cit~ State Home Phone Number Zip Code Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS C~~ BE .SE~T _(~f different than a~ · · · · DATE OF THE ACCIDENT OR OCCURRENCE: PLACE OF THE ACCIDENT OR OCCURRENCE: GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages ~f more space is needed): N~ES, IF KNO~, OF ~Y PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · NAMES AND ADDRESSES OF WITNESSES (optional): A· NAME ~~ ~.~ ~~DRESS.~( W '~~d~-'~ q TELEPHONE · NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: A· NAME ADDRESS - TELEPHONE 10. GENERAL DESCRIPTION OF THE 2LOSS, INJURY, OR DAMAGE SUFFERED: 11. TOTAL AMOUNT CLAIMED ~ ,~~O~ 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for.medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective. general damages: $ ~ $ The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. DATED: S I~NATURE OF CLAIMANT (S) Received in city Clerk's Office this '~ day of ~~ , SI~ATURE NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3: FORM%CLAIM Rev: 3/10/95 ,. , 11'~:.[~1.t V~LI_EYt'IED:I:(:,'~I... [;N'I I:,,' · :1.20. 80U'I'H' :[l(.]R~.~ , "FED. TAx NO. ~' ;. .~ PERIOD ~:,: M 4 BIRTHDATE ; 13 PATIENT ADDRESS ADMISSION · ". ' ' 23 MEDICAL RECORD NO. 3 PATIENT CONTROL NO. 31 SAI.~N!ANEti"'~.~EI'!'IF.:I..I.-~ ivi ,"'",:., ;,,'.,~':,~':"':' ::::'"'1":."" ", · . :..- .., ...':.;.', , .. ..' ,. ':.',..,.., '".,. 11(3:AH:'"::.'~.,',','.. . C~ ,i,'E~e2 i '. .' .', .. 43 DESCRIPTION '.' 44 HCPCS/RATES 45 SERV. DATE ..... ,18SERV. UNITS'.;' ' 41 TOTAL CHARGES ;' 48 NON-COVEREDCHARGES. ' ' ' ' . . :.'.,:' ;'.~1 X-RAY E:X~t'I liIF' Wl:il:[l~"f . '~;' '';', ',;'Ji:l, lO ;,,';:',,,', .... .~.~ ;,, ,~.,~.., : ,.,.,,...~.,~ .- ..~,., ,~ .... ~,,:.,~:~:;/;.~:.. ...... ?.r~,::,::/.'!-;~,',.-":'~i :',il./ ; ~.,~,;: '"~t.:,/::.:"; .,,,,, :'::;.,.::':::;:i!!i'L..4:!,TM ~"~:";',"i,,:" ",'"" ' ' ,' ,'.~ . ,',~'. ' i~. ",":,,~: .! .... ~; ""~ · ;:"' "? /?" ~" ~"' ....;: ~' ' ,~t:,i~,,;.;;'.,!',~,;~;,.;,"v,,,~l~,~i,'.' .i',"~"~:~',,i'~ '??J;,"::? ;t(~;tLi~/:'~,~!J~,,:~:i~:/i;li.~.h ,.'-.;,;.rA::~, 'i.(.. i~, D,;:,.".: ;.s,' :.:,~:::' ),,,:'. ? ,. ;,. ,. . . .. :,..~:' ,..' i;. , , i : .... ". . . .... · " ' . :i ' ,!'": · : ~,' · · ., .' ,' ",",: ~F~r'-~'' ?,~-"~"':~'~"'~:";'F,: ' - ~ ':.. "' ,.i:'.~.' :'~? '"'~,! '"~:~'1,'~; ?, .... :-,,: .,": .~"~;?,:~:::,:,,:'. '~i';:¢~::.f??.;';.~',~ '?i.;,'.':,:~'V',,~'i,'~- :.., ,,::,.4~,,.-~.,,. , ,f, '?,~.:.:£~, .,:,,, ~!! . ' "."" ,. ',' I .,' ' ;., · ' ' ' I .: :~ ':' :. , ' ' , i . .-.. '...' . . ) .. ..' . -.~ .... ~ ~ . ,,', · ~ .' ~. , ~ : -... . , ., ~[;:.~,~E:[~[i~i~ :;.~:.~I~; ,'.v. ~::.~"':,." ~, ~'~; 7! ~.~ ,:~ ~",~.=i ?.~,~t.( :,,:~ ' ~';' '.',.m,~;~,, .' ~ ~,; ~.~ i~-', ~,."~ ]'~i-h)F i'4,~,.~:;': :.. ;~,~i ~ . '/,:i,; ~;.,. ,:i., :'.,. ;"..:,:' .~ ,'-. '. , . '1'OI'AL ' 1~ '- ~RE[(II_L. i ' 8 INSURED'S NAME ~ CERT.- SSN- HIC.-ID NO, 61 GROUP NAME ~ INSU~NCE GRiP NO. ........... ' · , '. '.', · ". ~,.~ ,c .~ .~ ~.1..~ ;,.~ ;,,~'..~'~.:, ,. . . . . , 3 mE~EN~ ~.O~nON ~O~S I~1 ~ EM~OVER HAME ~ EUPLOYER L~ON ' ,. ,. '., .... .~.,,,, ~,.;.~,~ ~: ~'~h,~r,,~'~:m~ ~ ;,'~J,,~,~?i:m m~"~ .,c, ~...,.~., ~,, , ~, .~ ,..~. ,h.l ........,~,..;,~...~~,,.~ ,~ ,..4 ,~ .~:.~.~,~. ~ t ~. ~.~,~ ? .~!E~.., ,. ~,. I ~ ~,.,..~,,.¥,~,~, , ~,, t., . ~ ..~,.~ i,~ ,. : . ' ' ' ' n fits ' ~ 'NOTICE TO The h0s~ital is acting So;ely as an agent for the patient in'filing for Insurance benefits .' .'' N ' ' n UB. 92- HCFA- 1450 PATIENT COPY'- ~ - - 8ALHANB I . . . . . , . . ~ · ~ .... ,/~ ~ , . . : 58 INSUREDSNAME .~ 5~P.REL ~ CEnT"'SSN'HIC"IDN0' '.' :.' r'~ ,',, ' ':, .,, ~I.GROU~NAME' 82 INSUnANCEG~OUPNO..' ~, , . , ', ,, · ,~ ' ', ,,,, . , I i , ~ NOTICE TO The hospital Is acting sOlely as an agent for the patient In filing for Insurance benefits ~J~ THE PATIENT assigned to It, however, the hospital can assume no responsibility for guaranteeing paymont ': ~ ..- ' of covered charges as shown on tho face of the bill. Credit Is shown only when the hospital ~ has actually received payment. Should an overpayment be made, a refund check will be :  sont to lhe aulhortzed p,arty that Is due the ovorpayment. ' '~ "~-. 92. HCFA- 1450 , PATIENT COPY-J~ "' , UKIAH V. ALLEY RADIOLOGY MEDICAL GROUP P.O. BOX 726 UKIAH, CA 95482 3749-M34 Phone No: 707-462-2314 Tax Id: 94-2777170 I1,1,,,I,1,,I,,11,,I,,,I,1,,,11,,11,,!,,11,1,,,!,,11,1,,,,I,II JESSE C SALMANS PO BOX 1349 UKIAH, CA 95482-1349 r-] Please check box if above address is incorrect or insurance information has changed, and indicate change(s) on reverse side. STATEMENT DATE 03/18/96 PAY THIS AMOUNT · .... - 38.00 ACCT. # 01-01-91066969 Page:. 1. SHOW AMOUNT PAID HERE S · UKIAH VALLEY RADIOLOGY MEDICAL GROUP P.O. BOX 726 UKIAH, CA 95482 PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT Account No. 01-01-91066969 Date ' Procedure 02/14/96 ;~2 70150-26 Statement Date Patient Phone Patient Name 03/18/96 SALMANS, STELLA Description DX Code Amount FACIAL BONES AND/OR ORBITS 8024 38.00 · 11. OFFICE 21. INPATIENT HOSP 22. OUTPATIENT HOSP 23. EMERGENCY HOS~ 31. SKILLED NURSING FACIL 32. NURSING FACIL 54. INTER. CARE FACIL 61. IND. LAB. MOBILE SER CARNEVALE, MICHAEL D · · P~eca UKIAH VALLEY MEDICAL CTR of 275 HOSPITAL DR UKIAH, CA 95482 sor~ca YOUR ACCOUNT IS 30 DAYS PAST DUE. YOU ARE RESPONSIBLE FOR ANY BALANCE THAT REMAINS ON THIS ACCOUNT. YOUR PROMPT / NOTE | PAYMENT WILL BE GREATLY APPRECIATED. t Physician Performin~ Service TAMANAHA, PHILIP MD Employer Primary Ins. Secondary Ins. Date of Birth 564889652 Balance 38.00 Injur~ Date 3749-M34 OZ Z Z --n,- ~o~c 300 UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · · FAX # 707/463-6204 June 10, 1996 Thomas F. Johnson Attorney at Law Johnson and DeMarchi, Inc. 515 South Main St., Ste. B Ukiah, CA 95482 RE: Christine Lynnette Kuns; Ashley Nicole Clark and Deanna Lorraine Kuns Occurrence Date: 12/26/95 Claim Received: June 6, 1996 Dear Mr. Johnson: This will acknowledge receipt of your claim dated 6/7/96. The City Council will consider the matter of Christine Lynnette and Deanna Lorraine Kuns at its regular meeting of June 19, 1996, after which you will be notified of their action. In the matter of Ashley Nicole Clark, please note that a claim has already been presented on her behalf by attorney William B. Phillips (see attached) and has been rejected by the City Council. As a result, the matter of Ashley Nicole Clark, as presented by your claim, will not be considered by the City Council, as the City Council has already rejected the matter. If you have not already heard from our adjuster, you should be contacted shortly. City Clerk MG:ab cc: REMI F file Are Here To Serve" Thomas F. Johnson Deborah DeMarchi JOHNSON AND DEMARCHI, INC. A Professional Corporation ATTORNEYS A T LA W 50Ei!VED CITY OF IJKtAH CI-[Y CLERK DEPAR]'MEN1F June 7, 1996 PLEASE REPLY TO: [3 525 SOUTH MAIN ~, STE~ B UKIAH, CA 95482 (707) 462-1907 175 SOUTH HUMBOLDT ~ WIZZ. ITS, CA 95490 (70~) 459-6444 F.4X: (707) 462-4942 Clerk of the Board of Supervisors County of Mendocino 301 South State St. Ukiah, CA 95482 City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Re: Claimant's Name: Claimant's Address: Christine Lynnette Kuns Ashley Nicole Clark Deanna Lorraine Kuns P.O. Box 1091, #56 Grants Pass, Oregon 97526-0090 Name and address of person to whom notices regarding this claim should be sent: Thomas F. Johnson Attorney at Law JOHNSON and DeMARCHI, INC. 525 South Main St., Ste. B Ukiah, CA 95482 Date of Accident or Occurrence: December 26, 1995 Place of the Accident or Occurrence: California. 670 Sidnie Street, Ukiah, General Description of the Accident or Occurrence: Claimants are informed and believe that the City of Ukiah shut off claimants electricity in violation of state law. A candle used to provide light caused a fire in which Ashley Nicole Clark, Deanna Lorraine Kuns, Christine Lynnette Kuns, Casey Kuns, Brandon Clark, Aaron Clark and Amy Clark were trapped. Casey Kuns, Brandon Clark, Aaron Clark and Amy Clark were killed. Claimants are informed and believe that the city ambulance and fire crews failed to respond with sufficient personnel, failed to timely call for a second ambulance, failed to respond with sufficient life savings equipment and failed to properly treat the victims of this fire. Page 2 June 7, 1996 Claimants are informed and believe that the County of Mendocino has responsibility for training, supervising and controlling the activities of ambulance providers and owners in the area where this fire took place and failed to execute that responsibility by failing to properly train, supervise, regulate and control the ambulance providers and crew members as required by law and that this failure was a contributing cause to the death of the children and injuries to the claimants noted herein. Names, if known, of any Public Employees Causing the Injury or Loss: Unknown. Names and Addresses of Witnesses: Name Address Telephone 1. Our investigation is not yet complete. Name and Address of Doctors, Hospitals Where Treated: Name Address Telephone 1. Nancy Goldstein unknown 463-1467 General Description of the Loss, Injury or Damage Suffered: Wrongful death of Casey Kuns, Brandon Clark, Aaron Clark and Amy Clark; emotional distress of Christine Lynnette Kuns, Deanna Lorraine Kuns and Ashley Clark. Total~uaount Claimed: In an amount not yet determined but in excess of the minimum jurisdiction of the Superior Court of California. The Basis of Computing the Total ~mount Claimed is As Follows: Damages incurred to date: Expenses for medical, hospital care: unknown at this time Loss of earnings: Special Damages for: General Damages: Estimated prospective damages as far as known: Future expenses for medical and hospital care: Other prospective special damages: Prospective general damages: unknown at this time unknown at this time unknown at this time unknown at this time unknown at this time unknown at this time unknown at this time Page 3 June 7, 1996 I, the undersigned, declare under penalty of perjury that I have read the foregoing claim for damages and know the contents thereof; that the same is true of my own knowledge and belief, except as to those matters wherein stated on information and belief, and as to ! · them, I believe/~ ~ it to be true. . Dated: ~' / ~ Attorney '~or Claimants 6-87-1996 8:39AR P.~ FROM IHNSON AND DEMARCHI -,. - Page 3 June ?, 1996 I, the undersigned, decla=e under penalty of perjury that I have read the foregoing claim for damages and know the contents thereof; that' the same is true of my own knowledge an~ belief, except as to those matters wherein stated on information and belief, and as to them, I believe it to be true. RECEIVED CITY OF UKIAH JUN 1 2 1996 CITY CLERK DEP^E~rnaF..NT PROOF OF SERVICE I am a citizen of the United States and employed in Mendocino County; I am over the age of eighteen years and not a party to the within action; my business address 525 South Main Street, Suite B, Ukiah, California, 95482; on this date I served the within: PUBLIC ENTITY CLAIM, d&ted June 7, ~996 by placing a true copy thereof enclosed in a sea envelope with postage prepared thereon fully prepaid, in the United States Post Office mail box at Ukiah, California, address as set forth below. 10 11 XX by personal delivering a true copy thereof to the person(s) and at the address below. 12 Clerk of the Board of Supervisors County of Mendocino 13 301 South State Street Ukiah, CA 95482 14 15 16 17 18 19 2O 21 22 City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 by sending a true copy thereof by facsimile transmission to the fax number(s) listed below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this '-Jb_h day of ~/~. /~~ , California. , 1996, at 25 26 27 28 .[OIINSON & I~MARClll Wendy ~dsor - i Emitte Kuns P.O. Box 1091, #56 Grants Pass, Oregon 97526-0090 June 12, 1996 Clerk of the Board of Supervisors County of Mendocino 301 South State St. Ukiah, CA 95482 CITy CLERK City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re: Claimant's Name: Emitte Kuns Claimant's Address: P.O. Box 1091, #56 Grants Pass, Oregon 97526-0090 Name and address of person to whom notices regarding this claim should be sent: Emitte Kuns P.O. Box 1091, #56 Grants Pass, Oregon 97526-0090 Date of Accident or Occurrence: December 26, 1995 Place of the Accident or Occurrence: 670 Sidnie Street, Ukiah, California. General Description of the Accident or Occurrence: Claimant is informed and believes that the City of Ukiah shut off claimant's electricity in violation of state law. A candle used to provide light caused a fire in which Ashley Nicole Clark, Deanna Lorraine Kuns, Christine Lynnette Kuns, Casey Kuns, Brandon Clark, Aaron Clark and Amy Clark were trapped. Casey Kuns, Brandon Clark, Aaron Clark and Amy Clark were killed. Claimant is informed and believes that the city ambulance and fire crews failed to respond with sufficient personnel, failed to timely call for a second ambulance, failed to respond with sufficient life savings equipment and failed to properly treat the victims of this fire. Claimant is informed and believes that the County of Mendocino has responsibility for training, supervising and controlling the activities of ambulance providers and owners in the area where this fire took place and failed to execute that responsibility by failing to properly train, supervise, regulate and control the ambulance providers and crew members as required by law and that this failure was a contributing cause to the death of the children and injuries to the claimant's noted herein. Names, if known, of any Publio Employees Causing the Injury or Loss: Unknown. Names and Addresses of Witnesses: Name Address Telephone 1. Our investigation is not yet complete. Name and Address of Doctors, Hospitals Where Treated: Name Address Telephone 1. Nancy Goldstein unknown 463-1467 General Description of the Loss, Injury or Damage Suffered: Wrongful death of Casey Kuns, Brandon Clark, Aaron Clark and Amy Clark; emotional distress of christine Lynnette Kuns, Deanna Lorraine Kuns and Ashley Clark. Total Amount claimed: In an amount not yet determined but in excess of the minimum jurisdiction of the Superior Court of California. The Basis of Computing the Total Amount Claimed is As Follows: Damages incurred to date: Expenses for medical, hospital care: unknown at this time Loss of earnings: unknown at this time Special Damages for: unknown at this time General Damages: unknown at this time Estimated prospective damages as far as known: unknown at this time Future expenses for medical and hospital care: unknown at this time Other prospective special damages: unknown at this time Prospective general damages: unknown at this time Page 3 June 7, 1996 I, the undersigned, declare under penalty of perjury that I have read the foregoing claim for damages and know the contents thereof; that the same is true of my own knowledge, and belief, e~cept as to those matters wherein stated on information and bel~~, and as to them, I believe it to be true. ~ ' ~ 10 141 15 16 17 18 19 2O 2! 22 24 25 2? 28 PROOF OF PERSONAL SERVICE I, the undersigned, declare: I am a citizen of the United States and a resident of the County of Mendocino, California. I am over the age of eighteen years, and am not a party to the within action. My business address is 525 South Main Street, Ste. B, Ukiah, CA 95482. On this date I served the within: PUBLIC ENTITY CLAIM~ dated June 12, 1996 by hand-delivering a true copy thereof to the usual place of business of: Clerk of the Board of Supervisors County of MendOcino 301 South State St. Ukiah, CA 95482 City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 I certify Under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief and that it was executed at Ukiah, California this date. Dated ITEM NO. 5c DATE: June 19, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING CHAPTER 12, SECTION 1965, MUNICIPAL PARKS AND FACILITIES, OF THE CITY OF UKIAH MUNICIPAL CODE This ordinance was introduced at the June 5, 1996 meeting and is being returned at this time for adoption. Staff has received no public input regarding ordinance provisions and is recommending no changes. Staff is therefore recommending adoption of the ordinance as introduced. RECOMMENDED ACTION: Adopt Ordinance as introduced ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Ordinance Requires Revision and Remand to Staff with Direction 2. Determine Adoption is Inappropriate and Deny Adoption Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Larry W. Deknoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposed Ordinance Can~'-~ce Horsley, City I~anager R:4/LD:ASRORD ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAHAMENDING SECTION 1965, IDENTIFYING CITY PARKS AND ADDING SECTION 2000.1, ESTABLISHING SPECIAL RULES FOR ALEX R. THOMAS, JR. PLAZA, OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Subsections I and J are hereby added to Section 1965 to read as follows: §1965: FACILITIES: The following described parcels of land are parks and recreation facilities of the City and shall be known by the names indicated: A. - H. [As currently written] I , Gardner Pocket Park - Situated within Municipal Parking Lot "a." J . Alex R. Thomas, Jr., Plaza - Bounded by South State Street, School Street and Clay Street. SECTION TWO Section 2001.1 is hereby added to the Ukiah City Code to read as follows: §2001.1: RULES AND REGULATIONS FOR ALEX R. THOMAS, JR., PLAZA: Notwithstanding any other provisions of this Code to the contrary, all persons or organizations using Alex R. Thomas, Jr. Plaza ("Plaza") shall comply with the following: A. No person shall use a bicycle, skateboard, rollerblade, rollerskate or non-motorized conveyance in the Plaza. Bicycles may be parked in racks provided by the City for this purpose. (See also Section 4180-4180.) B. No person shall use or possess alcoholic beverages in the Plaza without a permit issued pursuant to Section 1990. C. No person shall permit a dog under his or her ownership or control to enter upon or remain in the Plaza. D. No person shall permit a motor vehicle under his or her s:\u\ords96\plaza June 5, 1996 1 ownership or control to enter upon or remain in the Plaza, unless authorized by the City Manager or the Director of Recreation and Parks. E. No person shall play .amplified music in the Plaza unless authorized by the City Manager or Director of Recreation and Parks, who shall not consider music content in granting or denying permission. F. Plaza restrooms shall be open to the public from 6 a.m. to dusk or later as determined by the City Manager. SECTION THREE This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on June 5, 1996, by the following roll call vote: AYES: NOES: ABSENT- Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. None. Councilmember Wattenburger. Adopted on roll call vote: , 1996, by the following AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor City Clerk s:\u\ords96\plaza June 5, 1996 ITEM NO. 5d MEETING DATE: June 1 9, 1 996 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING PURCHASE OF LIQUID POLYMER PRODUCT Liquid polymer is a coagulant used to aid the filtering of the water at the water treatment plant. This product has proven to provide the most efficient and cost effective filter process. Requests for Quotations through the informal bid process were sent to three suppliers. The bids were opened by the Purchasing Department on May 22, 1996. Two bids were returned and evaluated by staff. The Iow bidder is Jenchem with a total bid of $7,110.68. A purchase order has been issued to Jenchem. Based on our purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive report regarding the purchase of liquid polymer product. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if not budgeted): Acct. No.: 820-3908-520 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities~. ~-~~ Prepared by' George Borecky, Water/Sewer Operations Superintendent~-;~ Coordinated with: Candace Horsley, City Manager Nora Kennedy, Purchasing and Warehouse Supervisor Attachments: 1. Bid Tabulation Candace Horsley, ~ity~,Manager 0 0 c- O CD D Z AGENDA SUMMARY ITEM NO. DATE: JUNE 19, 19965 REPORT SUBJECT: ACCEPT THE WORK PERFORMED UNDER THE CONTRACT AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION FOR A.D.A. CURB RAMPS (PHASE I) NEAR MAIN ST. LIBRARY AND LOW GAP RD. COUNTY BUILDINGS, SPECIFICATION NO. 95-20 The work of the contract was completed by T and T Paving, Inc., dba, Valley Paving, Contractor", in substantial conformance with the approved plans and specifications on May 30 ,1996. The final contract cost is $13,471.64 which is based on measurements of the contract items completed. No Change Order work was required for this project. Final payment of 10% retention in the amount of $1,347.16 will be made to the Contractor 30-days after the Notice of Completion is filed with the County Recorder. Funding for this project came in part from the Mendocino County of Governments (MCOG) Bike and Pedestrian 1995/96 Fiscal year Program in the amount of $10,600. The remaining funding of $2,489 with an additional $1,300 for prospective cost overruns was approved by the City Council on April 17, 1996 and allocated to this project from Account No. 300-9631. Of the $1,300 for the prospective cost overruns, $382.64 was actually used based upon actual quantities for the work performed. Expenditure and Revenue Account No. 300-9644.250.000 was established in which funds from Account No. 300-9631 were transferred for the purpose of paying the contractor and accounting for the reimbursements from MCOG. RECOMMENDED ACTION: City Council accept the work as complete, and direct the City Clerk to file the Notice of Completion with the County Recorder for Construction of A.D.A. Curb RAMPS (PHASE I) NEAR MAIN ST. LIBRARY AND LOW GAP RD. COUNTY BUILDINGS, SPECIFICATION NO.95-20. ALTERNATIVE COUNCIL POLICY OPTIONS' None Acct. No. (if NOT budgeted): 300-9644-250-000 Appropriation Requested: N/A (If Budgeted) Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer · ~ ) Prepared by Larry J. Woods, Senior Civil Engineer 463-6284 :::?~:~," ~. Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Completion Acct. No.' N/A Candace Horsley, City ~anager c:\projects\sidewalks\adaramps\asr-ada Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, CA 95482 NOTICE OF COMPL~TIQN NOTICE IS HEREBY GIVEN: 1o That the real property described is owned by the following Municipal Corporation, whose address is: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 o That the nature of the title to the A.D.A. Curb Ramps (Phase I) Near M~ St. Library~ and Low Gap Rd. County Buildings, Specification No. 95-2Q in the City of Ukiah of all said owners is that of fee simple. 3. That on the 30th Day of May. 1996 the Contract was actually completed. 4. That the name and address of the Contractor is: T and T Paving, Inc., dba, Valley Paving P.O. Box 559 Redwood Valley, CA 95470 o That the real property herein referred to is'situated in the City of Ukiah, County of Mendocino, State of California, and is described as follows: 1. Northeast Corner E. Perkins Street ~nd N. Main Street 2. Northwest Corner E, Perkins Street and N- Main Street 3. Northwest Corner E. St~ndley Street And N. Main Street 4. Southwgst Corner E. Standle~ Street s~d N, Main Street 5. Southeast Corner N. Bush Street and Low Gap Road 6. southwest corner N. Bush Street and 10w Gap Road CITY OF UKIAH, a Municipal Corporation BY: CITY CLERK STATE OF CALIFORNIA COUNTY OF MENDOCINO MARGE GIUNTOLI, being duly sworn says that she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that the content thereof and the same is true of her own knowledge. MARGE GILTNTOLI, City Clerk Subscribed and sworn to before me this day of , 1996. Notary Public in and for the County of Mendocino, State of California ITEM NO. 5f MEETING DATE: 6/19/96 AGENDA SUMMARY REPORT SUBJECT: Approval of Agreement among Mendocino Office of Education (MCOE), Mountain Valley Television Corporation (MVTC) and Mendocino County (County) to transfer responsibility for public access cable television from MCOE to MVTC SUMMARY: The proposed agreement confirms the transfer of responsibility for Cable Channel 3 from MCOE to MVTC. The agreement conveys all the equipment used by Channel 3 from MCOE to MVTC. It assigns all of MCOE's rights and obligations under its agreements with the City and the County to MVTC. The City and County agree to accept MVTC as the legal entity responsible for the public access cable television in the Ukiah Valley. The background for this agreement is as follows. The City receives funds from its cable television franchisee for public access television. Under an Agreement Regarding Public, Educational and Governmental Access Facilities Pursuant to Ukiah City Resolution No. 86-18, dated June 3, 1987, the City paid MCOE $20,000 of the funds it received from its franchisee to purchase equipment for the MCOE Video Center and a full operational upstream/return line for video and audio cable casting. In addition, the City agreed to share with MCOE the $1,300/year repair and maintenance fund created under Section 7(b) of Resolution 86-18. Continued on page 2. RECOMMENDED ACTION: Approve agreement and authorize Mayor to sign agreement on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: Refuse to approve agreement or propose changes to the agreement before approval. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizens Advised: N/A Requested by: Mountain Valley Television Corporation Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, Interim City Manager Attachments: Proposed Agreement among MVTC, MCOE, Ukiah and Mendocino County; 1987 Agreement with MCOE, Agreement between Ukiah and Redwood Television Corporation re: legal ~rvices ITEM NO. 5f MEETING DATE: 6/19/96 AGENDA SUMMARY REPORT SUBJECT: Approval of Agreement among Mendocino Office of Education (MCOE), Mountain Valley Television Corporation (MVTC) and Mendocino County (County) to transfer responsibility for public access cable television from MCOE to MVTC SUMMARY: The proposed agreement confirms the transfer of responsibility for Cable Channel 3 from MCOE to MVTC. The agreement conveys all the equipment used by Channel 3 from MCOE to MVTC. It assigns all of MCOE's rights and obligations under its agreements with the City and the County to MVTC. The City and County agree to accept MVTC as the legal entity responsible for the public access cable television in the Ukiah Valley. The background for this agreement is as follows. The City receives funds from its cable television franchisee for public access television. Under an Agreement Regarding Public, Educational and Governmental Access Facilities Pursuant to Ukiah City Resolution No. 86-18, dated June 3, 1987, the City paid MCOE $20,000 of the funds it received from its franchisee to purchase equipment for the MCOE Video Center and a full operational upstream/return line for video and audio cable casting. In addition, the City agreed to share with MCOE the $1,300/year repair and maintenance fund created under Section 7(b) of Resolution 86-18. Continued on page 2. RECOMMENDED ACTION: Approve agreement and authorize Mayor to sign agreement on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: Refuse to approve agreement or propose changes to the agreement before approval. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizens Advised: N/A Requested by: Mountain Valley Television Corporation Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, Interim City Manager Attachments: Proposed Agreement among MVTC, MCOE, Ukiah and Mendocino County; 1987 Agreement with MCOE, Agreement between Ukiah and Redwood Television Corporation re: legal ~'~rvices SUMMARY (Continued from page 1) Mendocino County also provided funds to MCOE which the County received from its cable television franchisee. In exchange, MCOE agreed to operate the public access television station for the County as well. In March 1992, a decision was made to establish a separate corporation to assume responsibility for the public access cable television station (Cable Channel 3). The City authorized the City Attorney to assist in the incorporation of that separate legal entity. On July 20, 1994, MVTC received its tax exemption determination from the Internal Revenue Service. Since that date it has been a non-profit public benefit corporation, exempt from both state and federal income taxes as a Section 501(c) (3) organization. The proposed agreement would formalize the transfer of responsiblity for Channel 3 from MCOE to MVTC. MCOE agrees to the inventory of equipment attached to the agreement. MVTC indemnifies MCOE for any claims against it arising out of MVTC's operation of Channel 3. As you can see some equipment purchased with the original funds provided by the City and the County remain the property of MCOE. This is primarily equipment that cannot be located, such as wire and other items. The parties have identified which equipment was purchased with which funds. Only $500 worth of equipment purchased with the initial grant from the City has been lost. I recommend approval of the agreement, because it confirms that MVTC is responsible for performing under the public access agreement with the City. Since MVTC has been operating the public access television station for over two years, it makes sense to execute documents which formalize that arrangement. s:~u\docs94~agenda.hgy June 13, 1996 Agreement This agreement, made and entered into in Ukiah, California, on this _. [ ~ day of ,4,'W~~ ,1996, by and between Mountain Valley Television Corporation (MVTC) a non- ~rolbit: pXt~b~ benefit corporation, Mendocino County Office of Education (lVICOE), a political subdivision of the State of California, Mendocino County (County), a political subdivision of the State of California, and the City of Ukiah (City), a general law municipal corporation. Collectively, MCOE, County and City and lVIVTC shall be referred to as "local agencies, and MCOE, County, City and MVTC as "the parties." RECITALS: 1. Local agencies entered agreements to provide a public access television channel on the cable television system serving the Ukiah Valley. Under those agreements, MCOE established and operated Cable TV channel 3 and the County and City provided funds to MCOE to purchase equipment for use at the station. 2. The funds provided by the City and County to MCOE came from franchise fees paid under the Cable TV Franchise ordinances and agreements adopted in 1985 based on the Federal Cable Act of 1984. 3. Cable Channel 3 is currently operated by MVTC, which incorporated as a non-profit, public benefit corporation on July 2, 1992. Initial directors of this corporation were Jens Vinding, Pat ,\lto, IVlarya Legrand, l:rancine Selim, 'Fed Bertsch, Jack Ward, Marilyn Butcher, Charles Rough, Dennis Flinn, and Jan McGourty. 4. The purpose of this Agreement is to acknowledge that MVTC had, on July 2, 1992, succeeded MCOE as the owner and operator of the public access television station for the Ukiah Valley AGREEMENT: WHEREFORE, in consideration of the above-stated facts and the terms and conditions as further stated herein, the parties agree as follows. 1. MCOE hereby assigns to MVTC and MVTC hereby assumes all of MCOE's rights and obligations under its agreement with City and County for the operation of a public access television station in the Ukiah Valley with funds provided by City, County or their Cable Television Franchisee. 2. City and County hereby consent to the assignment as set forth in paragraph 1. 3. MCOE hereby conveys to MVTC all of the equipment purchased with funds provided by City, County or their Cable Television Franchisee as more fully described in the inventory attached hereto as Exhibit A and incorporated herein by reference. MCOE relinquishes any claim to any such equipment with exception of attached hereto as Exhibit B and incorporated herein by reference. 4. MVTC hereby assumes all of the debts of Cable Television Channel 3 which have aris~,n prior to the effective date of this agreement in the normal course of business and agrees to indem~ifv and hold MCOE harmless from and against any such debts or any claims or liabilities of Cable Television Channel 3. In providing this indemnification MVTC will assume all the costs of deleted lng against any such debt, claim or liability, including attorneys and expert witness fees. 5. This Agreement contains all of the agreements or understandings between the parties respecting its subject matter. Any other statements, agreements or understandings are hereby declared null and void and superseded by this agreement. 6. This Agreement my be executed in two or more duplicate originals, each containing the original signatures of the parties. When executed, each such duplicate original shall be admissiblt, as evidence of the terms of the agreement. 7. This agreement is intended for the sole benefit of the parties and does not create rights i~ any other party. No third party beneficiaries are intended or created by the terms of this Agreement. Wherefore, the parities have entered this Agreement on the date first written above. ~un~'ce o~hcation Superintendent of Schools ATTEST: CITY OF UKIAH by:. Mayor ATTEST: City Clerk Approved as to form: City Attorney Z Z ~do ,,o · ........ ~:~.~ .Tq : ~. CHAIR, BOARD OF SUPERVISORS ATTEST: JOYCE A. BEARD Cleric, of the Boa rd Approv, ed~a~° f~{rn~. ,, DATED' June 4, 1996 I hereby certify that according to the provisions of Government Code Section 25103, delivery of this document has been made. JOYCE A. BEARD Clerk of the Board MOUNTAIN VALLEY TELEVISION CORPORATION Ch~iirmar~f the d of Directors Corporate Secretary ::::::::::::::::::::::::: :i:i:i:[:i:::: ::::::::::::::::::::::::: ::: :1::: :1:1 ....,.~.-......-.-..-, :i:i:: i:i:i:i:i:i:J::': :.:.: -:..{~.:.1.: :.:.:, ~ :::::::::::::::::::::: .!:i:i:~., ::~:i:!:: !:!:~.:i: :t ; !:i:i.~!:!:.~.:!:i:iOi:!:i: "'""~'"'" '"'"~"'" :':'~:':':' ':':':~:':':' ::::::::::::::::::::: ::'.E~,: ~:M ::~,~ t .:.:.:.~::,~:.:.:............ :::::::::::::::::::::::::: :':':'~':':':':':':':':':+:':::' :::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::: ................... ................... .-...,.,...-.....-...-.-.....-........ .'.'.'.'.-.......-.-...-.....-.v.... :::::::::::::::::::::::::::::::::::::: .,o..,.,.,...,,,-,..-....,,.,.-.,.-.o,, :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.: :::::::::::::::::::::::::::::::::::::: ................... i:i:i:i:i:i:i:i:i:!:i:i:i:i:i:!:i:i:i:i :::::::::::::::::::::::::::::::::::::: i :::::::::::::::::::::::::::::::::::: i:i:i:i:i:i:i:i:!:i:i:i:!:i:i:i:i:i: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::: 4o;o;.;,;.;o;.;o;o:,;-;.;.;.;.;o;4 :::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::: 00000000 ~ oooooooo UJ CO O0 O0 CO 0 0 (:~ 0 U 0 0 0 0.0.0 0 0 (7~ 0 000 O. o8888© ~ 0 0 0 0 ~ EZ EL ~ 0 u'~ 0 i::%oooooo .-~,000 i 0 0 0 ~ r-- o 0oo~0 ~ h~ 0O 000 N N N 0 0 0 ~ 0 0 0 0 o..oo o ~ 0.0 c,~ oo ~ ~oo~0 0000 N N N N ~ ~ 0 ~ 0~0~ 000 ~ N N N N N N '~' '~' N 0~ 00 ,-- co oo or) 0 0 oo oo o,J ~ 0:.-- oo or) r.... oo C) 0 O~ 0 N Exhibit B MCOE Equ County/City Date PO No. Items .... ~)~§~-8-8~ -7-8~-i-? 37 'High Peak Engineering ~v0_5800 [vo s8so VO 4800 3/31/88 78-1240 iCaly!d~O Sales Video Tec SSC-1 !unknown i 3/31 / 88';-~d:-1241 iRadio Shack Power Strip 61 ~ ~ ~ 80 RS Cassett Deck ~Cable Adpter Coupler Adpter RS Mic Stand RS Mic Stand Cables i Cables :Jack i Coupler . lape Tape SCT-35 Cassett Deck · qTY. Serial # MCOE # Sub TotaF · Tax~ TOTAL.' Sub Total Tax TOTAL 1 1 2 Radio Shack Microphone RS Microphone Audio Adapter BNH , T les Ties i Adapter i Adapter !Plugs Sub Total Taxi TOTAL, various 130692 RS 33-1090 RS 42-2574 RS 279-309 RS 279-1556 RS 279-250 items 20401~ 1.20668 ~ 20669 RS 42-2366~ RS 42-2435 RS 27-9402 RS 27-9358 RS 43-402 RS 43-410 RS 14-636 23-552 23-470 23-1631 23-1240 Est. Cost 106.58 207.64 423.69 737.91 57.19 - 41.34 307.40 348.74 27.03 29.95; 44.95 9.98 5.98 2.49 3.88 17.95 17.95 7.56 15.541 6.95 2.49 4.95 2.39 49.95 222.96 Sub Total Total 795.101 375.77} 17.28 . ' 20778 20779 ' 2 274-330 t 1 i , 54.95 44.95 11.96 7.96 1.99! . _ 0.49 2.78~ 3.38 1.49~ Exhibit B Page 1 Exhibit B MCOE Equ County/City 5~23/88 5/23/88 'Cable Cable ~Cable Cable 78-1658 78-1665 1 4 2 4 Sub-Totai Tax TOTAL ~WV-3250 Color Chip Cam AG-2400 VCR AG-2400 VCR AG-B11 (ad adapterbatcharger) 1 66B00282 ] 20701 A8TA001_74 20752 ... A8TA006981 20753 D84C10198 20841 AG-B11 (ad adapter bat charger) 1 AGBP-202 Panasonic.Nicad Bat_te_.ry~ 1 AGBP-202_ Panas_0ni_c.~.icad B_att_e.w_~ _1_.. !AGB..P7202 Pa~nasonic Nicad Battery._ 1 Panasonic Nicad Battery 1 Sub Total Tax .. . TOTAL . Bogen 3124 Tripod/Mirco Heads Bogen 3124 Tripod/Mirco Heads Bogen 3124 Tripod/Mirco Heads Panasonic AG-170 Camcorders Panasonic AG-1 70 Adapter Sub Total Tax TOTAL Tax TOTAL 9/28/88 89-0210 Radio Shack Power.Strip .... ;_ Cord ........... Adpter ~ Cable Cable . .Tape Wire -J~ ..... [ Battery D84C10107I 20842 Sony BCIWA Batter Charger 1 Perrott NP/AP Battery 1 Perrott NP/AP Battery 1 Perrott NP/AP Battery 1 Perrott NP/AP Battery 1 Sub Total 1 20783 1 20784 1 20785 1 E8HO01880 20787 1 E800649YD 20788 21232 300188 20762 NA NA NA NA 2 RS 61-2619 1 RS 279-397 4 RS 279-250 . 4 RS -254 . 2 RS10-1529 1 RS 64-2340 1 RS 278-1264 2 i RS23-552 4.49 10.86 3.58 6.76 155.64 12.06 167.70 595.00 776.00 776.00 159.00 159.00 43.00 43'00t ~ 43.00 2,637.00 204.37 ... 2,841.37 · 108.00 108.00 108.00 1,332.00 1,656.00 128.34 1,784.34 350.00 75.00 75.0O 75.OO 75.00 650.0O' 700.38 29.76 5.95 7.96 9.96 s:s l 1.99 8.49 5.98 Exhibit B Page 2 Exhibit B MCOE Equ County/City Microphone 1 RS 33-984 Mic Stand 1 RS 33-320 Mic Stand 1 RS 33-370 . Tape 3 RS 44-603 Adpter 2 , RS 274-310 .Jack 6 RS 279-357 ............ Battery 9V 1 RS 23-553 Unknown 1 SubTotal~ ' ' ' TOTALl --i0/ 6/88 9-0s64 Shader and soc ates BP-C Video Connector ....... - i BJ-BP-L Video Adpter ........... -P~_Bj_ Video. Adpter MP-PJ Audio Adpter t XLRJ-MP-10 Audio Cable LGP Location Gel Pack SO 10 6 10 4 2 Sub-l~otal' - ' ~rax-; TOTAL 20410 20408 20411 . 54.95 19.95 6.95 8.37 3.98 4.95 1.99 26.71 203.52 1 5.77 219.29 105.00 65.50 21.00 15.00j 42.00 34.00 282.50 21.89 304.39- 7,428.58 . . Equipment MCOE--City of Ukiah $20,000.00 Date PO No. 1/12/88 78-0987 Com Corn Corn Com Corn Com Corn Com Com. Items I QTy' ~rehensive Belden 8451 Cable 300' ~rehensive CVC-59-500 Cable 500' ~rehansive BP-C BNC Connecto, 50 ~rehensive BT Video Adapter 6 ~rehensive PP-PP-25 Audio Cab 4 ~rehensive PP-PP-10 Audio Cab 10 ~rehensive PP-PP-6 Audio Cabl(i 10 ~rehensive ×LRJ-SPP-6 Audio C 3 ~rehensive B-TM Vidio Lamp 1 5 Sub Total~ Tax TOTAL Recap Mendocino County City of Ukiah Total Serial # MCOE # Est. Exhibit B Cost 45.O0 89.00 132.50 30.00 15.96 27.10 23.90 53.97 67.50 484.93 37.58 522.51I 522.51 7,428.58 522.51 Page 3 ITEM NO. 5g DATE: JUNE 13, 1996 AGENDA SUMMARY REPORT SUBJECT: ADOPT REVENUE AND EXPENDITURE BUDGET AMENDMENT FOR THE SUMMER CAMP DIVISION OF COMMUNITY SERVICES RECREATION DEPARTMENT Due to the increase in Day Camp attendees for fiscal year 1995/96 the Day Camp revenue has increased substantially. The cost for supplies for the Day Camp have also increased proportionately due to enrollment size. To accommodate these increased costs and anticipated expenses caused by the large participation for the remainder of this fiscal year, a budget amendment is necessary. Increased revenue will more than adequately cover expenses. Staff recommends approval of the budget amendment. RECOMMENDED ACTION: Adopt budget amendment to increase the Summer Safari Day Camp revenues, Account No. 100.0700.525.114, from $24,000 to $29,000, and raise Day Camp expenditures Account No. 100.6114.690.000 from $519 to $1,510. ALTERNATIVE COUNCIL POLICY OPTIONS: . Deny budget amendment. Determine modification are necessary and adopt revised amendment. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Tammi Weselsky, Community Services Supervisor Tammi Weselsky, Community Services Supervisor Candace Horsley, City Manager 1. Budget Amendment Listing Approved: R: I'~PARKS ASUMMER.SAF Candace Horsley City Manager m IAI ITEM NO. DATE 5h June 19, 1996 AGENDA SUMMARY REPORT SUBJECT: Receive and File Report of Purchase between $5,000.00 and 10,000.00, pursuant to UCC Section 1522 A3, for printing equipment and software, for the Finance Department from Create! Print of America in the amount of $8,500.00. REPORT: The unreliability of the Check signing machine located in the Finance Department required the purchase of a newer, more cost effective system. The adopted FY 95/96 Budget included $10,000.00 for the replacement of this equipment. Four (4) Requests for Bids were sent to potential suppliers, one (1) response was received. A summary of the bid received for the equipment and software is attached. Based on evaluation of the bid and actual hands-on trial of the equipment and software, Create! Print of America was awarded the bid RECOMMENDED ACTION' Receive and File. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Account No. (If not budgeted): Account No. (If budgeted): Appropriation Requested: N/A 100.1301.800.000 Citizen Advised: N/A Prepared by' Gordon Elton, Director of Finance Coordinated with' Candace Horsley, City Manager and Paulette Klingbeil, MIS Coordinator Attachments' 1) Summary of bid received. APPROVED: AGENDA 1.WPD/pmk Candace H'or}ley, Ci~ h~anager E ~ "0 -0 o o "0 "0 >, 00' ._. .=_ .=- .-- .-= .~_ {~ co- 0 ¢~ E E ~ O C (~ 0 , o · .=- o ._ 0 ~l 0 'o · u w-. 0 E 0 0 ~" ~.~ ~ 0 0 o ~- --I~~)' '-- ~ rn n/ x ~ Oco o - ITEM NO. 7a DATE: June 19, 1996 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE CITY AND UKIAH UNIFIED SCHOOL DISTRICT PROPERTY TO "PF" (PUBLIC FACILITIES) SUMMARY: One of the first tasks of implementing the new General Plan is to revise ordinances and other regulatory "tools" to be consistent with the Plan. Accordingly, staff is initiating a series of ordinance revisions based upon the direction provided in the new General Plan. Phase I of this project focuses on the City owned or "Public" property within the City limits. Most of the City owned property is designated "P" (Public) in the General Plan, (continued on page 2) RECOMMENDED ACTION: 1) Conduct a public hearing to consider the proposed Negative Declaration of Environmental Impact and proposed rezonings; 2) adopt the Negative Declaration and introduce by title only the ordinance amending the City Zoning Map rezoning certain publicly owned property to "PF" (Public Facilities). ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not approve the Negative Declaration and do not introduce the proposed ordinance. Citizen Advised: None Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: 1. Negative Declaration of Environmental Impact 2. Ordinance amending the City Zoning Map 3. Planning Commission Staff Report, dated May 22, 1996 4. Planning Commission Minutes, dated May 22, 1996 APPROVED: Candace Horsley, City I~anager yet most of the properties are not zoned "P-F" (Public Facilities). Most are classified as R-1 (Single Family Residential), C-1 (Light Commercial) "C-2" (Highway Commercial/Restricted Industrial), "M" (Manufacturing), and "P-D" (Planned Development). This first phase proposes to rezone the "P" designated property to "P-F" (Public Facilities). All of the current public facility land uses located on the subject properties are either allowed or permitted in the "P-F" zoning classification contained in the Ukiah Municipal Code. On May 22, 1996, the City Planning Commission conducted a public hearing and discussed the proposed rezoning project. After a brief discussion and a number of minor comments, the Commission voted unanimously to recommend City Council approval of the Negative Declaration and proposed public property rezonings. CITY OF UKIAH PLANNING DEPARTMENT NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT DATE: APPLICANT: PROJECT: LOCATION: May 3, 1996 City of Ukiah Public Property Rezoning No. 96-16 Citywide - various locations DESCRIPTION OF PROPOSAL: A number of publicly owned property within the City have appropriately been designated "P" (Public) or "REC" (Recreation) in the new General Plan. Most, if not all of these properties have inappropriate zoning classifications, such as "R-l" (Single Family Residential), "C-1" (Commercial), "C-2" (Highway Commercial/Restricted Industrial), "M" (Manufacturing), and "P-D" (Planned Development). Staff is proposing to rezone these properties to "P-F" (Public Facilities) to assure consistency with the General Plan. A table describing these parcels, their existing use, size, and existing zoning classification is attached to the Initial Study of Potential Environmental Impacts. ENVIRONMENTAL SETTING' Ukiah can be characterized as a densely urbanized full service City, with a mix of typical land uses, including residential, commercial, industrial, recreational, and office. The setting of individual properties recommended for rezoning include both densely developed to open space. ENVIRONMENTAL ANALYSIS' The Initial Study of potential environmental impacts prepared by City staff does not identify any potentially significant environmental impacts resulting from the proposed rezoning project. Topics include earth, air, water, plant & animal life, noise, land use, natural resources, risk of upset, population, housing, transportation, public services, energy, and recreation. FINDINGS SUPPORTING A NEGATIVE DECLARATION: Based upon the analysis, findings, and conclusions contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment. . Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals. . Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable. . Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION' After appraisal of the possible impacts of this project, the City of Ukiah has determined that there is no substantial evidence that the project will have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This document may be reviewed at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. (707) 463-6200. Charles Stump, Senior Planner/Environmental Coordinator INITIAL STUDy *OF POTENTIAL ENVIRONMENTAL iMPACTS C i .t,:y' 'o ,f.,.. BACKGROUND INFORMATION m m m 1 e Name of Project Proponent Citv of Ukiah Planning Department Address of Project Proponent 300 Seminary Avenue, Ukiah Name of Project Public Property Rezoning No. 96-16 Assessors Parcel Number(s) Various (see attached list) Date of Initial Study Preparation Mav 3, 1996 Name of Lead Agency Ukiah Planning Department Address and Phone Number of Lead Agency 300 Seminary Avenue, Ukiah (707) 463-6200 am Brief Project Description ,, (see attached) Si ~ S~ior Planner ~' Person Responsible for Preparing Initial Study:. PROJECT DESCRIPTION PUBLIC ("P'~) PROPERTY REZONING NO. 96-'16 The proposed project involves the rezoning of certain publicly owned property from residential, commercial, manufacturing, and planned development classifications to the public facilities classification. The purpose of the project is to make the zoning of these properties consistent with the "Public" Land Use Designation assigned in the recently adopted General Plan. The following is a list of the properties proposed for rezoning as a part of this project: PARCEL EXISTING ACRES EXISTING PROPOSED USE ZONING ZONING 001-020-09 Ukiah Players 5.0 R-1 P-F Theater 001-010-12 Golf Course 40.0 R-l/H-2 P-F 001-020-78 Golf Course 41.63 R-l/H-2 P-F 001-030-01 Golf Course 45.97 R-l/H-2 P-F 001-030-04 Golf Course R-l/H-2 P-F 001-090-01 Golf Course 10.06 R-l/H-2 P-F 001-090-02 Todd Grove 7.45 R-1 P-F Park 001-130-28 Anton Stadium 5.04 R-l/H-2 P-F 001-130-29 Anton Stadium 2.07 R-l/H-2 P-F 001-141-01 Todd Grove 2.75 R-1 P-F Park 001-160-05 Anton Stadium 2.12 R-l/H-2 P-F 001-171-01 Anton Stadium 1.10 R-l/H-2 P-F 001-450-01 Vinewood Park 4.85 R-1 P-F 002-252-01 McGarvey Park R-1 P-F 002-255-02 South Valley 0.86 R-1 P-F High School 002-255-03 Civic Center 6.58 R-1 P-F 002-281-15 Grace Hudson C-2 P-F Museum and Sunhouse 002-281-26 Grace Hudson C-1 P-F Museum and Sunhouse 002-281-27 Grace Hudson C-2 P-F Museum and Sunhouse 003-140-41 Airport P-D P-F 003-140-42 Airport P-D P-F 003-230-04 Airport 2.28 P-D P-F 003-230-22 Airport 9.20 M P-F 003-230-23 Airport M P-F 003-230-31 Airport 1.55 M P-F 003-280-01 Airport 35.50 M P-F 003-310-03 Airport M P-F 003-310-04 Airport M P-F 003-310-05 Airport 51.50 M P-F 00310-06 Airport M P-F 003-310-07 Airport M P-F 003-330-02 Airport 22.02 M P-F 003-330-40 Airport 3.54 M P-F 003-330-41 Airport M P-F 003-330-43 Airport 0.16 M P-F 003-330-45 Airport 0.43 M P-F 003-330-47 Airport 0.66 M P-F 003-350-09 Airport 1.38 M P-F 003-350-20 Airport 1.46 M P-F 179-050-07 Oak Manor R-1 P-F Park 179-050-08 Oak Manor 2.50 R-1 P-F Park 179-050-09 Oak Manor R-1 P-F Park 180-120-03 Airport 13.42 M P-F 184-061-03,04 Airport M P-F 05-09 184-061-12,13 Airport M P-F 14-17 184-062-01, 03,07,09,10, Airport M P-F 12-14,16 179-010-08 Softball fields 1.01 P-D P-F east of 101 179-010-09 Softball fields 20.74 P-D P-F east of 101 180-010-10 River Park 17.75 R-1 P-F 180-010-17 River Park 18.70 R-1 P-F 184-010-02 Sewer 3.35 R-1 P-F Treatment Plant 184-010-03 Sewer 56.65 R-1 P-F Treatment Plant 184-010-05 Sewer 15.45 R-1 P-F Treatment Plant 001-020-49 Cemetery P-D P-F 001-020-50 Cemetery P-D P-F 001-020-60 High School 8.68 R-1 P-F 001-020-61 High School 6.13 R-1 P-F 001-020-74 High School 50.01 R-1 P-F 179-050-07, Oak Manor R-1 P-F 08,09 School 001-314-03 Yokayo School R-1 P-F 001-030-01, Po molita R- 1 P-F 03,04,05,06 School 4 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts ENVIRONMENTAL EFFECTS: Mitigated Apparent Mitigation 1. EARTH: a. Unstable earth conditions or changes [~ [~1 [~l [~l I~l in geologic structures. b. Disruptions, Displacements, Compaction, or overcovering of soil. [~ [~ [~ [~ [~1 c. Change in topography or ground [~ surface relief features.__ [~ [~ [~ [~ d. The destruction, covering, or ~ modification of any unique geologic or~ [~ [~ [~ [~ physical features. e. Any increase in wind or water erosion [~ [~l [~1 [~1 [~ of soils, either on or off the site. f. Changes in deposition or erosion of beach sands, or changes in siltation, ~ deposition, or erosion that may~ [~ [~ [~ [~ modify the channel of a river, stream, inlet, or bay? g. Exposure of people or property to ~ geologic hazards such as'-mB [~ [~ [~ [~ earthquakes. 2. AIR: a. Substantial air emissions or [~ [~ [~ [~ [~ deterioration of ambient air quality. b. The creation of objectional odors. [~ [~ [~ [~ [~ c. Alteration of air movement, moisture, ,,~ or temperature, or any change in [~ [~ [~ [~ [~ climate, either locally or regionally? , , 3. WATER: Changes in the currents, or the course of water movements, in either fresh or marine waters. Changes in the absorption rates, drainage patterns, or the rate and amount of surface runoff. Alterations to the course or flow of flood waters. Change in the amount of surface water in any water body. Discharge into surface water, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity. Alteration of the direction or rate of flow of ground water. Change in the quantity of ground water, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. Change in the quality of ground water. Substantial reduction in the amount of water otherwise available for public water supplies. Exposure of people or property to water related hazards such as flooding or tsunamis. 6 4. PLANT LIFE: a. Change in the diversity of species, or including trees, shrubs, grass, crops, and aquatic plants. b. Reduction of the numbers of any unique, rare, or endangered species of plants. c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species. d. Reduction in acreage of any agricultural crop. 5. ANIMAL LIFE: a. Change in the diversity of species, or number of any species of animals including birds, land animals, reptiles, fish, insects, and bethnic organisms. b. Reduction in the number of any unique, rare, or endangered species of animals. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals. d. Deterioration of existing fish or wildlife habitat. 6, NOISE: a. Increase in existing noise levels. b. Exposure of people to severe noise levels. 7. LIGHT AND GLARE: a. Production of new light and glare. b. Reduction of solar exposure or adverse impacts to existing solar collection facilities. 8. LAND USE: a. Substantial alteration of the present or planned land use of a given area. 9. NATURAL RESOURCES: a. Increase in the rate of use of any natural resources. 10. RISK OF UPSET: a. A risk of an explosion or the release of hazardous substances, (including oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. b. Possible interference with an emergency response plan or evacuation plan. 11. POPULATION: a. Alterations in the location, distribution, density, or growth rate of human populations. 12. HOUSING: a. Will the proposal effect existing housing or create a demand for new housing? 13. TRANSPORTATION: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking facilities? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail, or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. PUBLIC SERVICES: a. Will the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 1. Fire protection? 2. Police protection? sc oo, 4. Parks & recreation facilities? 5. Maintenance of public facilities? 6. Other governmental services? 15. ENERGY: a. Use of substantial amounts of fuel or energy? B. Substantial increase in demand upon existing sources of energy, or require the development of new energy sources? 9 16. UTILITIES: a. Will the project result in a need for new systems or substantial alterations to the following: 1. Potable water? 2. Sewerage? 3. Transmission lines? 17. HUMAN HEALTH: a. Creation of any health hazard or potential health hazard? b. Exposure of people to any existing health hazards? 18. AESTHETICS: a. Obstruction of any scenic vista or view open to the public, orcreatean aesthetically offensive site open to public view? 19. RECREATION: a. Impact upon the quality or quantity of existing recreational opportunities? 20, CULTURAL RESOURCES: a. Alteration or destruction of a prehistoric or historic archaeological site? b. Adverse physical or aesthetic effects to a prehistoric or historic building or structure? c. Cause a physical change that would effect the unique ethnic cultural values? 10 DISCUSSION ,:.'iMPACTS AND SUGGESTED MITIGATION MEASURES . DISCUSSION OF POTENTIAL IMPACTS: It is not anticipated that the proposed rezoning of publicly owned property from residential, commercial, manufacturing and planned development zoning classifications to the public facilities classification would have an adverse effect on the environment for the following reasons: a. The project does not involve site preparation, grading, or any development. Any future development project would be reviewed for compliance with the California Environmental Quality Act. bo The project is considered "housekeeping" in nature, because the subject properties are already developed with public facilities. By rezoning the properties to the public facilities classification, future development opportunities would be more restricted than they currently are under the existing residential, commercial, manufacturing, and planned development classifications. 2, DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS: It is not anticipated that the project will have adverse cumulative impacts on the environmental, because no actual construction is proposed, types of future development would be restricted, and the future intensity and density of development would be reduced. Additionally, because no actual development project is proposed, no cumulative effect with other known of foreseen projects could occur. 11 CONCLUSIONS: After careful review and analysis, staff is able to conclude that the proposed rezoning of publicly owned property from residential, commercial, manufacturing, and planned development classifications to the public facilities classification will not have a significant adverse impact upon the environment. 11 4, MANDATORY FINDINGS OF SIGNIFICANCE: Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES [~ NO b, Short Term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future). YES [~ NO el Cumulative: Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant). YES [~ NO d~ Substantially Adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES [~ NO 12 5. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described within the initial study have will be incorporated into the design of the project or required by the City of Ukiah. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. Senior Planner / Environmental Coordinator Title Charles Stump Print Name Date 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a number of publicly owned parcels throughout the City of Ukiah from "C-1" (Light Commercial), "C-2" (Highway Commercial/Restricted Industrial), "R-I" (Single Family Residential), "R-I/H-2" (Single Family Residential/Hillside), "M" (Manufacturing), and "P-D" (Planned Development) to "P-F" (Public Facilities). A listing of the specific parcels involved in this rezoning action, along with detailed rezoning information is attached as Exhibit "A." SECTION 'I'VVO This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance with the new General Plan adopted on December 6, 1995. SECTION FOUR This ordinance shall become effective immediately after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marge Giuntoli, City Clerk , by the following role call vote: Fred Schneiter, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 EXHIBIT "A" Public Property Rezoning Project (96-16) PARCEL EXISTING ACRES EXISTING PROPOSED USE ZONING ZONING 001-020-09 Ukiah Players 5.0 R-1 P-F Theater 001-010-12 Golf Course 40.0 R-l/H-2 P-F 001-020-78 Golf Course 41.63 R-l/H-2 P-F 001-030-01 Golf Course 45.97 R-l/H-2 P-F 001-030-04 Golf Course R-l/H-2 P-F 001-090-01 Golf Course 10.06 R-l/H-2 P-F 001-090-02 Todd Grove 7.45 R-1 P-F Park 001-130-28 Anton Stadium 5.04 R-l/H-2 P-F 001-130-29 Anton Stadium 2.07 R-l/H-2 P-F 001-141-01 Todd Grove 2.75 R-1 P-F Park 001-160-05 Anton Stadium 2.12 R-l/H-2 P-F 001-171-01 Anton Stadium 1.10 R-l/H-2 P-F 001-450-01 Vinewood Park 4.85 R-1 P-F 002-252-01 McGarvey Park R-1 P-F 002-255-02 South Valley 0.86 R-1 P-F High School 002-255-03 Civic Center 6.58 R-1 P-F 002-281-15 Sun house C-2 P-F 002-281-26 Sunhouse C-1 P-F 002-281-27 Sunhouse C-2 P-F 003-140-41 Airport P-D P-F 003-140-42 Airport P-D P-F 003-230-04 Airport 2.28 P-D P-F 003-230-22 Airport 9.20 M P-F 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 003-230-23 Airport M P-F 003-230-31 Airport 1.55 M P-F 003-280-01 Airport 35.50 M P-F 003-310-03 Airport M P-F 003-310-04 Airport M P-F 003-310-05 Airport 51.50 M P-F 00310-06 Airport M P-F 003-310-07 Airport M P-F 003-330-02 Airport 22.02 M P-F 003-330-40 Airport 3.54 M P-F 003-330-41 Airport M P-F 003-330-43 Airport 0.16 M P-F 003-330-45 Airport 0.43 M P-F 003-330-47 Airport 0.66 M P-F 003-350-09 Airport 1.38 M P-F 003-350-20 Airport 1.46 M P-F 179-050-07 Oak Manor R-1 P-F Park 179-050-08 Oak Manor 2.50 R-1 P-F Park 179-050-09 Oak Manor R-1 P-F Park 180-120-03 Airport 13.42 M P-F 184-061-03,04 Airport M P-F 05-09 184-061-12,13 Airport M P-F 14-17 184-062-01, 03,07,09,10, Airport M P-F 12-14,16 179-010-08 Softball fields 1.01 P-D P-F east of 101 179-010-09 Softball fields 20.74 P-D P-F east of 101 180-010-10 River Park 17.75 R-1 P-F 180-010-17 River Park 18.70 R-1 P-F 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 184-010-02 Sewer 3.35 R-1 P-F Treatment Plant 184-010-03 Sewer 56.65 R-1 P-F Treatment Plant 184-010-05 Sewer 15.45 R-1 P-F Treatment Plant 001-020-49 Cemetery P-D P-F 001-020-50 Cemetery P-D P-F 001-020-60 High School 8.68 P-D P-F 001-020-61 High School 6.13 P-D P-F 001-020-74 High School 50.01 P-D P-F 179-050-07, Oak Manor R-1 P-F 08,09 School 001-314-03 Yokayo School R-1 P-F 001-030-01, Pomolita R-1 P-F 03,04,05,06 School EXHIBIT "B" W Z Page 1 of 3 EXHIBIT "B" · /! Page 2 of 3 EXHIBIT "B" Page 3 of 3 CITY OF UKIAH PLANNING REPORT AGENDA ITEM:_ DA~'E: _ 6A. 5-22-96 DATE: May 22, 1996 TO: FROM: SUBJECT: APPLICANT: City of Ukiah Planning Commission City of Ukiah Planning Department Public Property Rezoning Project City of Ukiah PROJECT SUMMARY: In December of 1995, the City Council formally adopted a new General Plan for the City. One of the first tasks of implementing the new General Plan is to revise ordinances and other regulatory "tools" to be consistent with the Plan. Accordingly, staff is initiating a series of ordinance revisions based upon the direction provided in the new General Plan. The first project involves revising the Citywide zoning map so that all parcels are assigned zoning classifications consistent with their General Plan Land Use Designation. The revising of a local zoning map to be consistent with a local General Plan is required by State Law. Phase 1 of this project focuses on the City owned or "Public" property within the City limits. Most of the City owned property is designated "P" (Public) in the General Plan, yet most of the properties are not zoned "P-F" (Public Facilities). Most are classified as R-1 (Single Family Residential), C- 1 (Light Commercial) "C-2" (Highway Commercial/Restricted Industrial), "M" (Manufacturing), and "P-D" (Planned Development). This first phase proposes to rezone the "P" designated property to "P-F" (Public Facilities). All of the current public facility land uses located on the subject properties are either allowed or permitted in the "P-F" zoning classification contained in the Ukiah Municipal Code. This project is quasi-legislative in nature and does not require City Planning Commissioner's to visit the site prior to formulating a recommendation to the City Council. PROJECT LOCATION: Various locations throughout the City (see attached map). DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend APPROVAL of the proposed rezonings to the City Council. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as lead agency has determined that no significant environmental effects are associated with the project, and has prepared a Negative Declaration. GENERAL PLAN DESIGNATION: (P) Public ZONING DISTRICT: R-1 (Single Family Residential), R-l/H-2 (Single-Family Residential - Hillside District) C-1 (Light Commercial) "C-2" (Highway Commercial/Restricted Industrial), "M" (Manufacturing), and "P-D" (Planned Development). PROJECT DESCRIPTION: A number of publicly owned property within the City have appropriately been designated "P" (Public) or "REC" (Recreation) in the new General Plan. Most, if not all of these properties have inappropriate zoning classifications, such as "R-I" (Single Family Residential), "C-1" (Commercial), "C-2" (Highway Commercial/Restricted Industrial), "M" (Manufacturing), and "P-D" (Planned Development). Staff is proposing to rezone these properties to "P-F" (Public Facilities) to assure consistency with the General Plan. A table describing these parcels, their existing use, size, and existing zoning classification is included as pages 2, 3 & 4 of the Initial Study of Potential Environmental Impacts (attachment #1). A map(s) showing the locations of the subject properties is included as attachment #2. STAFF ANALYSIS: The parcels proposed to be rezoned to the "P-F" classification have been grouped according to their existing use. For example, the airport property is comprised of twenty four (24) parcels. The groupings are discussed and analyzed below: Ukiah Regional Airport The Ukiah Regional Airport is comprised of twenty four (24) parcels with "M" (Manufacturing) and "P-D" (Planned Development) zoning classifications. Staff is proposing to rezone them to "P-F" (Public Facilities) and "P-D/P-F" (Planned Development/Public Facilities). The Airport is a public facility, and the "P-F" zoning district permits airports and associated facilities, and therefore is an appropriate designation. Golf Course The Ukiah Municipal Golf Course is comprised of five (5) individual parcels zoned "R- 1/H-2" (Single Family Residential/Hillside). To achieve consistency with the General Plan, these parcels need to be rezoned to "P-F" (Public Facilities). The golf course is a public recreation facility, and therefore the "P-F" zoning classification is appropriate. Parks This grouping consists of seven (7) parcels that form Todd Grove Park (2), Vinewood Park (1), McGarvey Park (1), and Oak Manor Park (3). All of these City parks are zoned R-1 (Single Family Residential), and are designated "P" (Public) in the General Plan. The appropriate zoning classification to achieve consistency with the General Plan is "P- F" (Public Facilities). The City parks are public facilities, and therefore the "P-F" zoning district is appropriate. Anton Stadium Anton Stadium is comprised of four (4) parcels currently zoned "R-I/H-2" (Single Family Residential/Hillside). The appropriate zoning classification to achieve consistency with the General Plan is "P-F" (Public Facilities). Anton Stadium is a public recreation facility and therefore the "P-F" zoning district is appropriate. , Civic Center/South Valley High School The 6.58 acre Civic Center parcel and adjoining 0.86 acre South Valley High School parcel are owned by the City and currently zoned "R-I" (Single Family Residential). The appropriate zoning classification to achieve consistency with the General Plan is "P-F" (Public Facilities). The City Civic Center property is a public facility and therefore the "P-F" zoning district is appropriate. Sunhouse The Sunhouse property is comprised of three (3) parcels zoned either "C-1" (Light Commercial) or "C-2" (Highway Commercial/Restricted Industrial). The appropriate zoning classification to achieve consistency with the General Plan is "P-F" (Public Facilities). The sunhouse is a public cultural resource facility and therefore the "P-F" zoning district is appropriate. Theater Property The Ukiah Players Theater property adjacent to Low Gap County Regional Park is comprised of one (1) parcel zoned "R-I" (Single Family Residential). The appropriate zoning classification to achieve consistency with the General Plan is "P-F" (Public Facilities). The Ukiah Players Theater is a public cultural resource facility and therefore the "P-F" zoning district is appropriate. CONCLUSIONS: The newly adopted City General Plan appropriately designates a number of properties owned by the City and Ukiah Unified School District as Public and Recreation. The proposed rezoning project is intended to implement these designations by rezoning the properties to a zoning classification ("PF"- Public Facilities) consistent with the General Plan Land Use Designation. The revising of a local zoning map to be consistent with a local General Plan is required by State Law. Additionally, all of the current public facility land uses located on the subject properties are either allowed or permitted in the "P-F" zoning classification contained in the Ukiah Municipal Code. ATTACHMENTS: 1. Initial Study/Negative Declaration 2. Citywide Location Map of Subject Properties 3. Chapter 2 - Article 15, Ukiah Municipal Code: Facilities District. Regulations in Public ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report, respectively: C~..~ t~es ~p,~'l~,o( ~nerf .~, Bob Sawyer, Plannin~tq~irector" Ukiah Valley General Plan and Growlh Management Program VI.4. Land Use .:- Page 28 city of Uklah il~ Mendoclno Count¥~ California, ILl Z Figure VI. 4-MM: Land Use classifications within the City; North Area (overlaps other maps) Clly of Uklah ~I, Mendoclno County Uklah Valley General Plan and Growth Managemen[ Program VI.4. Land Use o:. Page 29 Figure VI.4-NN: Land Use classifications within the City; Central Area (overlaps other maps) Uklah Valley General Plan' and Growlh Management Program ~/1.4. Land Use o:, Page 30 City of Uklah ~ Mendoclno County, California Figure VI.4-O0: Land Use classifications within the City; South Area (overlaps other maps) Adopled by the City Council: December 6, 1995 §9170 §9170 B) 2. Uses Requiring Use Permits: a. Public cemeteries and similar uses. b. Airports, refuse disposal areas, corporation yards. 3. Permitted Public Utility Uses- When the letter symbol U is added to the PF symbol to create 'Public Facility - Utility' Districts, the following uses shall be permitted In such districts: a. Public utility warehouse and storage yards, pole yards, gas holders, substations, electric generating plants and transmission and distribution lines, provided that the route of any transmission line is discussed in detail with the Planning Commission prior to acquisition of rights of way thereof. b. Public utility uses which the Planning Commission determines by written findings to be similar to the foregoing. (Ord. 793, §2, adopted 1982) 9118 Page 18, Paragraph 3: The second sentence should be amended to read "The only variance Staff is looking at would be to reduce stall leneths to 18 feet." Commissioner Pruden requested the following corrections' Page 14, Paragraph 5' The first sentence should be amended to read, "...they will be bringing this back before the Council, regardless." Page 21, Paragraph 2- The first sentence should be amended to read, "...she does not have any problems with the siting of the buildings..." AYES: NOES: ABSTAIN: ABSENT: Commissioners McCowen, Baker, Larson, and Vice-Chair Pruden None None Chairman Ashiku COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS No audience in attendance. APPEAL PROCESS The appeal process was not read due to lack of audience attendance. Vice-Chair Pruden stated the appeal process would be read at such time as someone appeared in the audience. For matters heard at this meeting, the final date for appeal is June 3, 1996. PUBLIC HEARINGS A. Public Property Re-Zoning Application No. 96-16, as initiated by the City Planning Department, to rezone a number of City owned properties from "R-I" (Single Family Residential), "C-I" (Light Commercial), "C-2" (Highway Commercial / Restricted Industrial), "M" IManufacturing), and "P-D" fflanned Developmen0, to "P" _(Public Facilities) for consistency with the assigned "Public" land use designation in the new City General Plan. Robert Sawyer, Director of Planning, introduced this project as the first in many phases of the City-wide rezoning program, which is an outgrowth of the adopted General Plan. State law requires that the zoning be consistent with the General Plan and several privately and publicly owned parcels throughout the City will need to be rezoned in accordance with this plan. Mr. Sawyer stated there is likely to be audience attendance on the future rezoning phases as it affects private property and because rezonings sometimes represent down-zonings. Mr. Sawyer MINUTES OF THE PLANNING COMMISSION Page 2 May 22, 1996 introduced Charles Stump, Senior Planner, who has developed a program for the City-wide rezoning program and who has identified all the public properties in the City that need to be rezoned to the "P-F" Zoning District. Commissioner Larson stated he would consent to waiving the reading of the Staff Report if it is the consensus of the Commission that a summary would suffice. Charles Stump, Senior Planner indicated he had planned to make a brief summary of his report, since the report provided to the Commissioners is self-explanatory. He stated the General Plan designates certain public property as "Public" or "Recreation". Staff has taken this first step in the rezoning pri~gram to rezone these properties, which are predominantly zoned "R-!" or "C-! ", to "P-F" (Public Facilities), for consistency with the General Plan. He noted the City Staff had initiated a rezoning plan for these public facilities some time ago and the record is not clear as to why that plan was never completed. Not all the public property is being proposed for rezoning to "P-F" because some properties owned by the City, or by the school district, are not designated as "Public" in the General Plan. The items before us at this meeting are only those currently designated as "Public" or "Recreation" in the General Plan. These sites include the airport, golf course, various parks, Anton Stadium, the Civic Center, South Valley High School property, the Sunhouse, the Ukiah Theatre property, and Low Gap Park. A statement in the Staff Report was brought to Mr. Stump's attention this week by Commissioner McCowen that states some of the properties zoned "P-D" (Planned Development) will be recommended for rezoning to a combination "PD/PF" designation. He reviewed his own notes and talked with Mike Harris, former Planning Director, and found the reasons as to why the City is not suggesting a PD/PF zoning on those properties. Mr. Stump asked Commissioner McCowen if he wanted those reasons described at this time, or to open discussion to other questions by the Commission. Commissioner McCowen replied he had noted the inconsistency and if Staff is satisfied that the proposed zoning is the correct move, further explanation was not necessary. Discussion followed relative to properties currently zoned P-D. Mr. Stump cited the property north of the airport, which is used as a clear zone, as a property that is designated P-D on the map for which an ordinance, similar to the AIP Planned Development Ordinance, was never adopted. It had been planned to adopt an ordinance when the property was purchased, therefore it was given a "P-D" in concept, but a Planned Development Ordinance was never adopted. Therefore, it essentially has no zoning. MINUTES OF THE PLANNING COMMISSION Page 3 May 22, 1996 Commissioner Larson asked if that particular property would be developed as a Public Facility, or if it will just be open space. Mr. Stump responded it will essentially be open space. A "P-D" zoning on that property would be senseless because the City is not going to do a detailed Planned Development for that property like they are doing for the Airport Industrial Park. It is property, which is part of the airport, that will remain vacant but publicly owned. Commissioner Pruden inquired about properties such as the new Plaza, which does not appear on the Parks list, and asked if it will be added to the list. Mr. Stump stated he would have to check the General Plan. He does not believe the General Plan has given the Plaza a "Public" or "Recreation" land use designation. It will be treated similar to Nokomis and Frank Zeek Elementary Schools, in that Staff will keep a running list, and with the direction of the Planning Commission, will be suggesting that a General Plan amendment be initiated at some point in time, to reflect those properties as "Public". At that point we can come back with an additional program to rezone those particular properties to Public Facilities. Commissioner Pruden further inquired about Orchard Park, asking if it was a similar example of what is being discussed tonight. Mr. Stump stated Orchard Park, as well as the utility substations, are not designated as "Public" in the General Plan. Therefore, they are not being recommended for rezoning to "PF" at this time, but will be submitted on the list of properties to be included at a later date in a General Plan amendment. Commissioner Pruden clarified the correct name for the "Sun House", as referred to in the Staff Report, should read "The Grace Hudson Museum and Park". The Sun House is only a part of the larger facility. Mr. Stump stated he had used "Sun House" for reference purposes only, but said he will be sure to advance it to Council with the full and proper name. Commissioner Pruden inquired about County-owned properties that are located in the City, specifically the Courthouse and the Veteran's Hall, and asked if we are going to be dealing with those agencies on properties located in the incorporated area. Mr. Stump replied yes. Commissioner Pruden asked about City properties located in the County, such as the fire station, the landfill and the gun club. MINUTES OF THE PLANNING COMMISSION Page 4 May 22, 1996 Mr. Stump replied properties that have been annexed to the City that are designated as "Public" in the General Plan will be receiving a zoning classification. Commissioner Larson asked if there are properties that are City-owned that have not been annexed into the City. Commissioner Pruden replied the landfill and the gun club are contiguous properties and are not located within the City limits. Mr. Stump stated the County will be responsible for zoning those properties. Commissioner Pruden added those people who spent four years working on the General Plan are not accustomed to looking at it as just stopping at the City limits. They looked at the larger Sphere of Influence and the Planning Area. Commissioner Pruden stated she will work with Staff on an additional concern she has on a fish hatchery property up in Gibson Creek comprised of 2,000 square feet. Commissioner Larson asked what the current zoning designation is for Frank Zeek and Nokomis Elementary Schools and why they were left off the original list. Mr. Stump stated the current General Plan designation for the schools is R-1. Commissioner Baker added it was an inconsistency in the way land use designations were formerly applied. They were only dealing with those properties that were actually designated as "Public Property" in the land use designation process for the General Plan. They will go back and pick up the remaining properties through an amendment to the General Plan in order to make it consistent. Mr. Stump reminded the Commission prior to making the motion that their first action will be to recommend approval of the Negative Declaration. ON A MOTION by Commissioner Larson, seconded by Commissioner McCowen, it was carried by an all AYE vote to recommend adoption of the Negative Declaration for Public Property Rezoning, Number 96-16, supported by Findings//1-4 as provided by Staff. AYES: NOES: ABSTAIN: ABSENT: Commissioners McCowen, Baker, Larson, and Vice-Chair Pruden. None None Chairman Ashiku MINUTES OF THE PLANNING COMMISSION Page 5 May 22, 1996 ON A MOTION by Commissioner Larson, seconded by Commissioner Mc Cowen, it was carried by an all AYE vote to recommend approval of the Application #96-16 for rezoning of public properties. AYES: NOES: ABSTAIN: ABSENT: Commissioners McCowen, Baker, Larson, and Vice-Chair Pruden. None None Chairman Ashiku PLANNING DIRECTOR REPORTS Mr. Sawyer reported the Redevelopment Agency Assistant Director and the City Manager plan to attend the next Planning Commission meeting to discuss the relationship between the Redevelopment Agency and the Planning function, and more specifically, the Downtown Master Plan Design Review Board. They will discuss projects that are processed through the Design Review Board versus through the Planning Commission. Mr. Sawyer stated Assistant Redevelopment Director, Larry DeKnoblough, suggested that City Manager Candace Horsley also attend the meeting. She had previously expressed her interest in attending Planning Commission meetings from time to time as part of her new position as City Manager. Commissioner Larson stated he did not read any specific guidelines for discretionary action or options to participation in the Design Review process. In addition to Mr. DeKnoblough's presentation, Mr. Larson requested copies of the ordinance or by-laws of the Redevelopment Agency that prescribes how and when discretionary action can be taken to not follow the process outlined in the Downtown Design Review Board Master Plan. Mr. Sawyer stated there is a Redevelopment Agency Resolution which outlines the criteria by which projects either go to the Design Review Board and/or to the Planning Commission. PLANNING COMMISSIONER REPORTS Commissioner Pruden reported she received two phone calls on the Redemeyer house in response to the two newspaper articles. She also reported she is sitting on the Railroad Steering Committee, which will be working on a master plan for the railroad. She stated Charley Stump also sits on the committee and commended him for his presentation at the meeting. It will be a long, involved process and the Planning Commission will hear a lot about it and will be making decisions further up the road. MINUTES OF THE PLANNING COMMISSION Page 6 May 22, 1996 AGENDA SUMMARY ITEM NO. 8a DATE: JUNE 19, 1996 REPORT SUBJECT: SET DATES AND TIMES FOR FISCAL YEAR 1996-97 BUDGET SESSIONS The draft 1996-97 budget will be submitted to the Council prior to the June 19 City Council meeting. Past practice has been to assign at least three full days for budget public hearings and subsequent adoption. Sessions for the City Council, Redevelopment Agency, and Ukiah Valley Sanitation District (joint with City Council) are necessary. Staff recommends that Tuesday, Wednesday, and Thursday, June 25, 26, and 27 from 9:00am to 5:00pm be set as the dates and times for the City's public hearings. Redevelopment is recommended for Thursday 1:00pm. The joint meeting with the Sanitation District will depend upon the schedules of the two County District members; this matter will be discussed at the District's meeting next Wednesday, and a time and date presented verbally to the Council at the meeting. Staff recommends the budget schedule be set as noted and the June 19 meeting be adjourned to 9:00am Tuesday, June 25, 1996. RECOMMENDED ACTION: 1 ) 2) Set Tuesday, Wednesday, and Thursday, June 25, 26, and 27, 9:00am to 5:00 pm as the dates and times for the City of Ukiah Budget Public Hearings. Set time and date for joint hearing with Ukiah Sanitation District as recommended at the meeting. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine other dates and times are more appropriate and set those as desired. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A NA Michael F. Harris, AICP, Assistant Cit,y ~Man,ager Gordon Elton, Director of Finance aha L;anaace Mors~ey, C~ty Manager None APPROVED: mfh:asrcc 61996BUDSHC Ca-ndac-e H~rsiey, CJty'M~ager AGENDA SUMMARY ITEM NO. 8b DATE: June 19, 1996 REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING CEQA FINDINGS AND ADOPTION OF ORDINANCE AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT SUMMARY: On June 5, 1996, the City Council voted 4-0 to introduce an ordinance amending the Airport Industrial Park (ALP) Planned Development. In taking this action, the Council revised the proposed Circulation Plan text to read as follows: "...The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park is retained, but exact design and routing is neither implied nor specifically assumed." Additionally, the Council made a small revision to the Circulation Map, which more accurately depicted the Redwood Business Park, and added a sentence to page two of the ordinance referencing the Circulation Plan text and map. The introduced ordinance is attached and ready for adoption. The resolution making California Environmental Quality Act (CEQA) findings is a necessary procedural step associated with the adoption of the ordinance. RECOMMENDED ACTION: 1) Adopt Resolution making CEQA findings in connection with the adoption of the ordinance; and 2) Adopt the ordinance revising the Planned Development for the Airport Industrial Park. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt the ordinance and provide direction to staff. Appropriation Requested: N/A Citizen Advised: None Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager; and Bob Sawyer, Planning Director Attachments: 1. Resolution making CEQA findings 2. Ordinance amending the Airport Industrial Park Planned Development Candace Horsley, C~y Manager RESOLUTION NO. 96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 RELYING ON THE PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PREPARED FOR BUILDOUT OF THE AIRPORT INDUSTRIAL PARK (ALP) IN CONJUNCTION WITH AMENDMENTS TO THE AlP PLANNED DEVELOPMENT ORDINANCE WHEREAS: 1. The City of Ukiah, as Lead Agency, has prepared a Subsequent Environmental Impact Report ("EIR"), consisting of a Draft Subsequent Environmental Impact Report, dated March, 1995 ("DEIR"), and a Final Subsequent Environmental Impact Report, dated July, 1995 ("FEIR"), for the previously proposed and adopted Airport Industrial Park (ALP) Planned Development Ordinance Amendments and buildout of the AlP; and 2. The EIR identified significant environmental impacts of the projects; and 3. Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental impacts, unless it makes specified findings; and 4. The City Council certified the EIR and approved the previous AlP Planned Development ordinance amendments on October 18, 1995; and 5. The City Council may subsequently choose to approve additional amendments to the AlP Planned Development ordinance; and 6. The certified EIR for the buildout of the AlP is considered a "programmatic" EIR prepared for a series of actions characterized as one large project referred to as buildout of the AlP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. The programmatic EIR was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. The programmatic EIR was considered by both the Planning Commission and City Council at noticed public hearings on August 9, 1995 and August 16, 1995, respectively, which were conducted in full compliance with all legal requirements. 3. The City Council has considered all documents submitted for consideration prior to or during the hearings it conducted and all testimony presented during the hearings as well as the EIR, the Staff Report, dated July 28, 1995, the recommendation of the Planning Commission, and the Staff Report, dated August 11, 1995. The Staff Reports are incorporated herein by reference. It has also independently reviewed and considered this resolution. 4. The programmatic EIR evaluated the impacts of the projects themselves as well as their impacts in combination with impacts from past, present, and probable future projects, including impacts from the eventual buildout and completion of the Airport Industrial Park both as presently approved and with possible future amendments to the Planned Development Ordinance. Those impacts, both individual and cumulative, along with recommended mitigation measures and suggested conditions of approval, were summarized in resolution 96-23, adopted for the previously approved amendments to the AlP Planned Development ordinance and certification of the EIR on October 18, 1995, and incorporated herein by reference. 5. Measures designed to avoid or substantially lessen significant effects of future development projects within the Airport Industrial Park will be imposed on projects as buildout occurs and the significance thresholds identified in the EIR are reached. In this way, full mitigation will be achieved as development occurs and is phased over time within the AlP. 6. The currently proposed amendments to the AlP ordinance are minor in nature and do not change the building intensity or density of development, nor do they change the assumptions, analysis, or conclusions contained in the certified EIR. 7. The currently proposed amendments to the AlP have been examined in light of the Program EIR, and it has been determined that the project is within the scope of the Program EIR, and no additional environmental document must be prepared for the following reasons: a. The currently proposed amendments would not produce environmental effects not examined in the certified Program EIR. b. The currently proposed amendments would not require new mitigation measures not included in the certified Program EIR. C. The currently proposed amendment project does not involve site specific operations or development. do The proposed amendments to the AlP ordinance include adding language to describe the Circulation Plan for the park, and a Circulation Plan Map to illustrate the text description. Additionally, language is added in the beginning of the ordinance referencing the Circulation Plan text and map. These amendments do not change the circulation pattern for the AlP as envisioned in the original Specific Plan or recently certified EIR, rather they provide clarification and specific information to affected property owners, developers, staff, the City Planning Commission, City Council, and all interested members of the public. PASSED AND ADOPTED this 19th day of June, 1996 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Fred Schneiter, Mayor Marge Giuntoli, City Clerk §9170 {}9170 CHAPTER 2 ZONING ARTICLE 15. REGULATIONS IN PUBLIC FACILITIES (PF) DISTRICT SECTION: §9170: Public Facilities or PF District §9170: A. Bo PUBLIC FACILITIES OR PF DISTRICT: This district classification is Intended to be applied to properties which are properly used for or are proposed to be used for public purposes or for specified public utility purposes. The following specific regulations shall apply in all PF Districts: 1. Uses Permitted: a. Public schools, parks and recreation areas, fairgrounds, civic centers and similar sites and uses, public forest and reservoir areas, historical sites and monuments. b. Public utility facilities for local service. c. Sites and uses which the Planning Commission determines by written findings are similar to the above. d. Uses and structures which are Incidental or accessory to permitted uses. 9117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. It changes the land use designation terminology using clearer more concise terms to more accurately characterize existing development, and provide well-defined land use categories for future development in the Airport Industrial Park. The changes to land use designations are as follows: 1) Office Commercial to Professional Offices; 2) Industrial/Commercial to Retail Commercial; 3) Highway Oriented Commercial/General Commercial to Highway Oriented Commercial. No change to the Industrial designation term has been made. Section Two This ordinance also formally amends the Land Use Map that illustrates which land uses designations are assigned to the various properties throughout the Airport Industrial Park. The land use designations apply to the Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northeast portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 8 acres). 2. Hi_clhwav Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 3. Retail Commercial: Applies to 14.83 acres north of Commerce Drive, and approximately 22 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east approximately (approximately 36.83 acres). 4. Industrial: Applies to the remainder of the Airport Industrial Park (approximately 77.4 acres). Section Three The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1993, the City Council amended the ordinance to allow "General Commercial" in addition to the approved "Highway Oriented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Drive on the south, and Airport Park Boulevard on the west. Section Four Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan. Section Five The Development Map (Generalized Land Use Map) for this Planned Development, as required by the Ukiah Municipal Code, and attached as Exhibit "A", is approved. The Traffic Circulation Plan for this Planned Development is discussed in Section "D" on page 15, and the Circulation Map is attached as Exhibit "B". 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Section Six Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. Section Seven Amendment to this ordinance requires City Council action. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. Section Eiqht Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Nine The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9167(b) and 9166, and as amended, are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, 1 2 $ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 C, do eo g, or business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers; Contractor's offices - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. Agricultural: Allowed as a continuation of the existing land use, including all necessary structures and appurtenances. Research and development laboratories, and computer and data processing. Accessory Uses and Structures: Activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 2. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire station, and government offices. g. Repair Services - includes repair services such as radio and television, furniture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.V., and micro- wave stations. i. Mini-storage facility. PROFESSIONAL OFFICE DESIGNATION '1. Allowed Uses The following uses are allowed in the Professional Office designation with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ci securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office support services -includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. 2. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. HIGHWAY COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down restaurants (no drive-thru restaurants), service stations, and other similar uses that provide services and merchandise primarily to highway travelers. b. Retail commercial stores. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. E. RETAIL COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. 2. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. NUISANCES No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 al sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by Standards prescribed in the Ukiah City Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. e. Any use producing emissions shall comply with all the requirement of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and Ukiah Municipal Code regulations. 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. . Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ,. . . 1 Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum Lot Covera.qe No more than 45 percent of the lot shall be covered by a building or structure. Parking lots and landscaping areas shall not be included in the calculation of lot coverage. Minimum Building Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a 40 foot setback from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development Permit review process. Maximum Buildin.q Hei_~ht The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Additionally, all development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria. Screeninq Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . o = . 10. materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback, The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Class III Bicycle lanes shall be provided on all streets according to CalTrans standards. Development Inteqration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and site 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . , 11. development and use permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. Street Width Standards The following street standards have been established by the Ukiah Department of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement Right-of-way Pavement a. travel lanes (2) b. left turn lane Curbs (both sides) Cul-de-sac (turn-arounds) Curb Returns Radius 66 feet 44 feet 64 feet 40 feet 14 feet 20 feet 12 feet 12 feet 1 foot 1 foot 100 feet diameter 35 feet 35 feet 32 feet 30 feet 15 feet 12. Access Driveways and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for Parcel A1A. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 13. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. Minimum Parkinq and Loadin.q Requirements a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the provided use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 C. 14, Si_~na_~e Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. a. All proposed development projects shall include a detailed sign program. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscaping and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be used to screen parking lots, loading docks, and storage areas. g. Landscaping in parking lots shall include a variety of tree species that will provide sufficient shading in the summer. The majority of parking lot trees shall be deciduous and fast growing. h. The exact number of parking lot trees shall depend upon the size of the parking facility, the type of land use, and the species of tree used. The Planning Director shall determine the appropriate number of trees for 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ., ,, parking lots on a project-by-project basis. i. At a minimum, fifteen percent (15%) of the entire parcel shall be landscaped with planting materials. The Planning Commission may reduce this requirement if special circumstances applicable to the size or configuration of the property exists, or if unique circumstances associated with the use would preclude a fifteen percent (15%)landscaping coverage. j. Landscaping plans shall focus on drought tolerant plant species with varied flowering patterns. k. Large tuff/lawn areas shall be discouraged in the overall landscaping plan. I. All landscaping shall be properly maintained. Orientation and Location of Buildinqs a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. Architectural Desiqn a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 O. c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. 4, Building Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. $. Li_~htin.q a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, or adjacent properties. 6. Desi_~n Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. CIRCULATION PLAN The Circulation Plan for the Airport Industrial Park is illustrated on the attached Exhibit "B". As shown, the plan includes points of access at Talmage Road at the north, Hastings Avenue at the northwest, and an emergency access provided through the airport to a gated encroachment along the southern portion of Airport Road. Internal 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 E. access includes an extension of Airport Road from the west into the southern portion of the site; Airport Park Boulevard from Talmage Road on the north, extending south to intersect with the Airport Road extension; and Commerce Drive from west to east in the northern portion of the AlP. All streets within the AlP shall be public. The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park is retained, but exact design and routing is neither implied nor specifically assumed. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (ALP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development permit or Use Permit is required for development projects proposed in the AlP. 1. Site Development Permits and Use Permits a. As articulated in Section Nine above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. b. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit or Use Permit is appealable directly to the City Council. The Planning Commission's decision on major modifications to an approved Site Development Permit or Use Permit is appealable to the City Council. 2. Building Modifications a. Exterior modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be approved by the Planning Commission for all exterior modifications to existing structures, site design, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in the Ukiah City Code. Section Ten This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on June 5, 1996, by the following roll call vote: 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 AYES' Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter NOES: ABSENT: Councilmember Wattenburger ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following roll call vote: ATTEST: Fred Schneiter, Mayor Marge Giuntoli, City Clerk cs\ord~aip-amd5.ord 18 m~ m mm sm mn mmm ii'" · · · m m m m mm m m' mm m~ mm w mm mmmmmm m mm m mmmmmm~m m mmmm mm mmmm mm ammmm m m ~ ~m n ~m m mm e sim m m m mm m m m m m mmmmmmm · ~,~ :.. ....._. . ..... mmmm sms · · '~mm m · mmmmnmmmm 'i:'"i .... mmm mm mmm mmmmq ems mmmm mm ..... · ' .-._........_.. · mmm mm · AIRPORT INDUSTRIAL PARK Land Use Map HIGHWAY COMMERCIAL PROFESSIONAL OFFICE RETAIL COMMERCIAL · INDUSTRIAL EXHIBIT "A" REDWOOD BUSINESS PARK A third access point to the AlP provided across the airport to a gated encroachment along the southern portion of Airport Road ~, Conceptual AIRPORT BUSINESS PARK EXHIBIT "B" ITEM NO. 8c DATE: June 19, 1996 AGENDA SUMMARY REPORT SUBJECT:- CONSIDERATION AND APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND MENDOCINO BREWING COMPANY City of Ukiah staff and Mendocino Brewing Company have negotiated a Memorandum of Understanding regarding the brewery project. The last draft is under review by the Brewery and a copy of the final draft will be delivered to the City Council prior to your June 19 meeting. RECOMMENDED ACTION: After discussion, Council approve Memorandum of Understanding between the City of Ukiah and the Mendocino Brewing Company, and authorize Execute Director to execute MOU. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine it is not appropriate to address this item at this time. 2. City Council approve revised Memorandum of Understanding. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Candace Horsley, City Manager Coordinated with: Larry DeKnoblough, Assistant Redevelopment Director Attachments: 1. None. APPROVED: R:4/Can:ASRMOU.1 ,. Cand~.-ce Horsley, City l~anager AGREEMENT REGARDING EASEMENT CLAIMS This Agreement is made and entered in Ukiah, California on June 1996, by and between Redwood Business Park of Ukiah ("RedwOOd"), a California limited partnership, the Redevelopment Agency for the City of Ukiah {"Agency"), ia redevelopment agency formed under and in compliance with the~ laws of the State of California, and the City of Ukiah ("City"),~a general law municipal corporation. ColleCtively, the City, Agency and Redwood will be referred to herein as "the Parties." RECITALS: 1.~ Agency h~s an agreement with Mendocino Brewing Company ("MBC") Under which it is obligated to prouide MBC with road access and utilities to ~he property MBC purchased from Agency which is located lin the Airport Business Park ("ABP"). 2. Redwood owns the property adjacent to the north property line of ~the ABP, known as the Redwood Business Park ("RBP") which it is developing' for commercial and industrial uses under a Development Plan approved by City. On September , 1995, City approved a lot line adjustment for ~h~. RBP. The approval included a Condition which required Redwood'to convey'an easement to the City for Airport Park Blvd. I"APB").as shown on the Development Plan ifor the RBP. i 4.'On september 6, 1995, Redwood conveyed the easement for APB to the City (,,the Easement"). ' 5.1 Agency intends to construct road access and utilities to MBC by extending APB within the Easement t° the MBC property within the ABP ("the Pro~ect") . 6 Redwood !contends that the conveyance of the Easement is invalid, but has !not filed an action challenging the validity of the Easement. Redwood has also contended that construction of ~rojec~ would constitute a surcharge of ~he Easement and violates ~nvironmental and other laws, ~nc~udln~ the Environmental' ' ~ OualmtX' ' Act. ~~~~~~~~~~~]~'*~' "'""' ~' ~': ..... "~' "" " ':~" '"" ~';'"~'" "?'~'": " ~" ""'~' tC-l-a-i~ including the claimed invalidity of the conveyance. 7~ The Par~ies have agreed in prinlciple to the scope of the project the Agency will construct wi%h4:n the Easement, the time within! which Redwood will complete certain grading work before Agency!s contractor commences construction of the Project within j.~ne 19, 1996 L.~- ~n Ea~-m~ntz The Parties must negotiate and sig~ the following two agreements to implement their general understandings (the ,,Additional Agreements''): a. an agreement (the "Pro~ect Agreement") between R~dwood and ~he Agency that (1) outlines the performance of and cost of the Project and (2) provides thatl Redwood and the Agency w~ll each pay one-half of the cost o~ theiProject; and b. an ,agreement (the "Assessment Agreement") between Redwood and the City by which the City agrees not to ~orm an assessment districk which will assess property in Redwood Business park for the costs of the Project. 8. The purpose of this Agreement is to preserve the respective rights of the Parties, pending execution of the Additional Agreements and to provide for certain actions and the release of the Claims, if the Parties execute the Additional Agreements. AGREEMENT: In consideration o~ and reliance upon the above-recited facts and the terms and!conditions as further stated herein, the parties hereby agree as follows: i ~ ~-~ ~ term of this Agreement shall beyond the term o~ the Agreement. 21 Access. During the te~ of this Agreement, Agency and City shall not have access to and shall not u~e the Easement ~withou~ the prior consent of Redwood. 3, Tolling. The parties agree to toll the statue of ~limitations and 'the e~itable defenses of laches, waiver and estoppel (collect~ively the "Time Defenses") ~rom May 21, 1996 un~il the date =his agreement ~e~inates (th~ "Tolling Period") with respect to any action by Redwood against ~i=y or Agency challenging =he validity of %he Easement or =hat particular use of the ~asement described in %he Project Agreement. In the even= that any such action is filed by the date this Agreement te~inates, such action shall be deemed, to have been filed for pu~oses of =he Time Defenses as of May 21, 1996. This tolling agreement shall not affec~ the validity of any of the Time Defenses available to Agency or City based on~Redwood's failure to file such an action prior to commencement of the Tolling Period. 3. A44itio~al A~re~ents- If, but only if, =he parties enter the Additional Agreements: 19. 1~9& ~5 'C~'~'~ the additional easement described in the Exhibit A, attached hereto and incorporated herein by reference; said conveyance to be in a form subject to the reasonable approval of City; and any claim %hcy may ........................ ~ ........... 4 ~ w~ ~e~r~ce or pros~u~e, or assist ~n any way in the commencement or prosecution of any claim, demand, or cause of action ok any nature whatsoever challenging the validity of the Bas~nt or that particular use of the Easement described in ~he P~9:' e' ~:.~ ....... '" ......... .~:.": ..... ::~. ....... 'E'~'' ..... '~ :f~""~:~ ..... ' ....... '~"' ~'~ .... This release shall be binding upon Redwood's successors a~d assigns and Redwood shall, ex~cut~ any further documents ~s C~ty and may r~ire to i~lem~nt the re~e~se and record 2t in the ~ecords of MendocXno County. 4. Application of laws. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California and the Parties agree to jurisdiction and venue in the courts of Mendocino County. 5~. Severability. If any provisio~ of the Agreement is held by a ~ourt of Competent jurisdiction :to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 6. Integration. This Agreement contains the ent ire agreement among the Parties, except with reference to agreements sloecifically identified herein and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement Shall be binding unless executed in writing by all of the parties. : 7. Waiver. No waiver of any of i the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver Constitute a continuing waiver. No waiver shall be binding unlesls executed in writing by ~he party making the waiver. 8. Notm~es ~' ' Whenever not 1ce, ~~~~i~~ ~~~' '~ ""~'~ "'"~'~ ' ~'~'" ' .... ~'"' ~'~'~'"~' ' "~ ~' ~'' ~' ad~c~s~d 'z fcllcw~ REDWOOD UKIAH Gary Akerstr~m North Counties Engineering 425 Talmage Ave Ukiah, CA. 9'5482 9. Paragraph Headings. C/0 Candace Horsley, City Manager Ukiah Civic Center 300 Seminary Ave. ukiah, California 95482 The paragraph headings contained iherein are for convenience and reference only and are not intended i~o define or limit the scope of this agreement. 10. Duplicate Originals. This Agreement may be executed ~in one or more duplicate originals bearihg the original signature ~of all parties and when so executed any such duplicate original ishall be admissible as proof of the existence and terms of the !Agreement between the parties. 11. Attorneys' Fees. In any action to enforce the terms of this Agreement, the prevailing party or parties shall be entitled to recover its attorneys' fees from the other party or parties. WHEREFORE, the parties have entered this Agreement on the date first Written above. REDWOOD BUSINESS PARK OF UKIAH By: Its General Partner ¢~TY OF U~I~J~ Its ITs: A~ENCY ATTEST: Ci, ty Cl&rk ATTEST: Redevelopment Secretary Agency J~n-~ 19. TOTRL P. E~ AGENDA SUMMARY ITEM NO. 9a DATE: June 19, 1996 REPORT SUBJECT: ADOPTION OF RESOLUTION CALLING NOVEMBER 5, 1996 MUNICIPAL ELECTION; AND AUTHORIZING CONSOLIDATION AGREEMENT FOR ELECTION SERVICES AND APPROVING CANDIDATE STATEMENT AGREEMENT It is time for the Council to call for consolidation of the Municipal Election with the Statewide General Election to be held November 5, 1996. At this time, the election will be for Mayor, two Councilmembers, the City TreaSurer, and City Clerk positions. If any Ballot Measures are to be added to the election, timely action must also occur as the filing deadline is July 26, 1996. Before Council for approval is the Resolution calling the election, requesting the election be consolidated with the Statewide General Election, and authorizing the City Manager to execute the Agreement with the County of Mendocino to provide election services. The County Clerk, City Attorney, and City Clerk have reviewed and approved the proposed Agreement. After adoption of the resolution, the Agreement for Election Services will be forwarded to the Board of Supervisors for approval, and must be executed before the beginning of the nomination period, which is July 15, 1996. The close of the nomination period is August 9, 1996, at 5:00 p.m., unless the incumbent does not file, in which case the period of time to submit nomination papers is extended to August 14, 1996. (Continued on Page 2) RECOMMENDED ACTION' Council adopt Resolution Calling November 5, 1996 Municipal Election, and Authorizing Execution of Agreement with the County of Mendocino, and to approve the Candidate's Statement Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: Adopt revised resolution and/or Agreement with County of Mendocino and/or Candidate's Statement Agreement. Acct. No. (if NOT budgeted): N/A Acct. No.: 100-1105-250 ($12,000) Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Karen Yeast, Deputy City Clerk Coordinated with: Candace Horsley, City Manager David Rapport, City Attorney Marcia Young, County Clerk Attachments: 1. Resolution, including Agreement with County 2. Candidate's Statement, including Agreement 3. Tentative Calendar as issued by the Mendocino County Elections Department APPROVED: C~~e' H0-rsle Manager R:4/Can:ASRElec.96 Additionally, as per Elections Code 10012, the City Council must make a determination on whether Candidate's Statements should contain 200 or 400 words. The recommended $200 deposit ($400 for both English and Spanish versions) is based on the past practice to limit the wording to 200 words due to ballot publication costs. The attached Candidate's Agreement provides for the $200 or $400 deposit upon filing of nomination papers, limits the wording to 200 words, and does not allow additional material to be included in the sample ballot and the statement of qualifications. The last day to request consolidation with the General Election is July 26, 1996, and staff is recommending adoption of the resolution at this time to meet that deadline. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING AN ELECTION AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF MENDOClNO FOR THE PROVISION OF ELECTION SERVICES AT THE CITY ELECTION TO BE CONSOLIDATED WITH THE REGULAR STATEWlDE GENERAL ELECTION W~~, the City of Ukiah did, by Ordinance No. 948, pursuant to the authority of Section 3653.5 (a) of the Government Code, set the date for the general municipal election of the City of Ukiah to be held on the same day as the statewide general election; and, W~I~~, said Ordinance has been approved by the Board of Supervisors of the County of Mendocino as required by law, by minute order of said Board of February 15, 1994; BOW, T~OR~, B~. IT R~SO~.V~D that an election shall be called; that the general City election shall be consolidated with the statewide general election, with the following election candidates; two Council positions, the position of Mayor, City Treasurer, City Clerk, and any and all other required election matters; and that the County Clerk be authorized to provide election services as set forth in the proposed agreement attached hereto as "Exhibit A" and that said agreement be entered into by the Mayor of the City of Ukiah and the Chairman of the Board of Supervisors of the County of Mendocino. PASS~.D AND ADOP~D this 19th day of June, 1996, by the following roll call vote: AYE S: NOES: ABSTAIN: ABSENT: ATTEST: Mayor Fred Schneiter City Clerk 4:Res:Elect EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, the general Municipal Election has been set for November 5, 1996, the same day as the Stat,wide General Election, and the City Council of the City of Ukiah desires that the County Clerk shall conduct the election of November 5, 1996 for the filling of three (3) Councilmember seats including the Mayoral seat, the City Treasurer and City Clerk positions, and any vacant seats or ballot measures submitted to the Board of Supervisors with request for consolidation at least 88 days before the election. . The County Clerk shall provide the following services in connection with conducting the November 5, 1996 Municipal Election, on the City's behalf: a. Establish precinct boundaries to coincide with Stat,wide Election. b. Designate polling places and appoint election officers. Ce Notify election officers of their appointment and instruct inspectors concerning their duties. d. Appoint and pay election officers. e. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up voting booths. Publish lists of precincts, election officers, polling places and hours polls will be open. g. Verify signatures appearing on candidates nomination papers. h. Provide sample ballots to each voter. Receive absent voter applications; accept absent voter ballot renu'ns; retain custody of absent voter ballot; and count absent voter ballots. j. Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council. 2. The City Clerk of the City of Ukiah shah be responsible for: a. All functions of the City Clerk relative to arguments concerning City measures as set forth in Article 5, Chapter 3, Division 9 (Section 9218) of the Elections Code, including filing and accepting notices required. b. Publication of the Notice of Election. c. Publication of Candidates as required by law. d. Distribution and receipt of nomination papers. e. Receipt of Candidate's Statement. . 4~ f. Receipt of campaign statements and disclosure statements as required by law. In consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment. Payment for services due under this agreement shall be made after billing is submitted by the County of MENDOCINO. DATED: CITY OF UKIAH, CALIFORNIA BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA BY: Mayor Fred Schneiter BY: Chairman of the Board ATTEST: BY: City Clerk BY: Joyce Beard Clerk of the Board 4:CC:Candidat. Agr CANDIDATE'S STATEMENT (Section 10012, Election Code) As a candidate for (Designation of office sought) of the (Name of local agency, city. county or district) at the election, to be held on , 19 , I submit the following statement: My name is My age is My occupation is (Brief description of not more than 200 words expressed by the candidate himself) Dated , 19.~ I do not elect to file a Candidate's Statement as permitted by Sec. 10012, Elections Code. Candidate sign here only if he does nol choose to file a Candidate's Statement. fSi.~.ature o! Candidate) Is a Spanish translation of the forego- ing statement requested? DYes r-INo Candidate sign here only if he files a statement, and checks appropriate box above. IMPORTANT NOTICE: Please be sure to check your statement over carefully for spelling and grammatical errors. This statement will be printed exactly as submitted. hereby acknowledge that I have received a copy of the regulations regarding the payment for printing of this candidate's statement. Candidate's Signature CWFORM ~I AGREEMENT FOR COSTS OF PRINTING AND HANDLING CANDIDATE'S STATEMENT FOR MUNICIPAL OFFICE, FOR THE STATEWIDE GENERAL ELECTION, TUESDAY, NOVEMBER 5, 1996 The undersigned, being a candidate for election to the Office of , of the City of Ukiah, California, at the General Municipal Election to be held on Tuesday, November 5, 1996, and desiring to have a Candidate's Statement of Qualifications to be printed and mailed with the sample ballots pursuant to the provisions of Section 13307 of the Elections Code of California, DOES HEREBY AGREE AS FOLLOWS: . e e To pay, upon demand, to the City of Ukiah the actual cost of printing and handling of subject's statement. A $200.00 printing deposit, English only, or $400.00 for English and Spanish, shall be paid in advance for subject's statement. Balance will be billed subsequent to printing of the statement. Refund will be made if cost of statement is less than deposit or balance owing will be billed. To limit the statement of qualifications to 200 words or less. Such statement may include the name, age, occupation, education of the candidate and a brief description of the candidate's qualifications. No additional materials supplied by the candidate shall be included in the sample ballot and the statement of qualifications. DATE: Signature of Candidate 4:CC:Candldat. Agr TENTATIVE CALENDAR FOR THE NOVEMBER 5, 1996 GENERAL ELECTION 7-15-96 to 8-9-96 7-26-96 7-29-96 7-29-96 to 8-2-96 8-6-96 8-12-96 10-8-96 Declaration of Candidacy and Nomination Papers Last day to request consolidation with General Election (must be received in Clerk of Board's office by this date) Publish setting time for arguments Arguments for and against between these dates Consolidation set on BOS calendar Last day for rebuttals Close of registration 4:CC:Schedule.Ele 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING AN ELECTION AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF MENDOClNO FOR THE PROVISION OF ELECTION SERVICES AT THE CITY ELECTION TO BE CONSOLIDATED WITH THE REGULAR STATEWlDE GENERAL ELECTION ~.. W~I~~, the City of Ukiah did, by Ordinance No. 948, pursuant to the authority of Section 36503.5 (a) of the Government Code, set the date for the general municipal election of the City of Ukiah to be held on the same day as the statewide general election; and, ~TS~~, said Ordinance has been approved by the Board of Supervisors of the County of Mendocino as required by law, by minute order of said Board of February 15, 1994; MOW, T~OR~, B~. IT R~SO~.V~D that an election shall be called; that the general City election shall be consolidated with the statewide general election, with the following election candidates; two Council positions, the position of Mayor, City Treasurer, City Clerk, and any and all other required election matters; and that the County Clerk be authorized to provide election services as set forth in. the proposed agreement attached hereto as "Exhibit A" and that said agreement be entered into by the Mayor of the City of Ukiah and the Chairman of the Board of Supervisors of the County of Mendocino. PA~S~.D A~D ADOP~D this 19th day of June, 1996, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: . Mayor Fred Schneiter City Clerk 4:Res:Elect EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, the general Municipal Election has been set for November 5, 1996, the same day as the Statewide General Election, and the City Council of the City of Ukiah desires that the County Clerk shall conduct the election of November 5, 1996 for the filling of three (3) Councilmember seats including the Mayoral seat, the City Treasurer and City Clerk positions, and any vacant seats or ballot measures submitted to the Board of Supervisors with request for consolidation at least 88 days before the election. . The County Clerk shall provide the following services in connection with conducting the November 5, 1996 Municipal Election, on the City's behalf: a. Establish precinct boundaries to coincide with Statewide Election. be C. Designate polling places and appoint election officers. Notify election officers of their appointment and instruct inspectors concerning their duties. d. e. Appoint and pay election officers. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up voting booths. Publish lists of precincts, election officers, polling places and hours polls will be open. g. Verify signatures appearing on candidates nomination papers. h. Provide sample ballots to each voter. Receive absent voter applications; accept absent voter ballot returns; retain custody of absent voter ballot; and count absent voter ballots. Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council. 2. The City Clerk of the City of Ukiah shall be responsible for: a. All functions of the City Clerk relative to arguments concerning City measures as set forth in Elections Code, Sections 5011-5016, including f'fling and accepting notices required. . e b, Publication of the Notice of Election. c. Publication of Candidates as required by law. d. Distribution and receipt of nomination papers. e. Receipt of Candidate's Statement. Receipt of campaign statements and disclosure statements as required by law. In consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment. Payment for services due under this agreement shall be made after billing is submitted by the County of MENDOCINO. DATED: CITY OF UKIAH, CALIFORNIA BY: Mayor Fred Schneiter ATTEST: BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA BY: Chairman of the Board BY: City Clerk BY: Joyce Beard Clerk of the Board 4:CC:Candidat. Agr AGREEMENT FOR COSTS OF PRINTING AND HANDLING CANDIDATE'S STATEMENT FOR MUNICIPAL OFFICE, FOR THE STATEWIDE GENERAL ELECTION, TUESDAY, NOVEMBER 5, 1996 The undersigned, being a candidate for election to the Office of , of the City of Ukiah, California, at the General Municipal Election to be held on Tuesday, November 5, 1996, and desiring to have a Candidate's Statement of Qualifications to be printed and mailed with the sample ballots pursuant to the provisions of Section 10012 of the Elections Code of California, DOES HEREBY AGREE AS FOLLOWS: 1. . . To pay, upon demand, to the City of Ukiah the actual cost of printing and handling of subject's statement. A $200.00 printing deposit, English only, or $400.00 for English and Spanish, shall be paid in advance for subject's statement. Balance will be billed subsequent to printing of the statement. Refund will be made if cost of statement is less than deposit or balance owing will be billed. To limit the statement of qualifications to 200 words or less. Such statement may include the name, age, occupation, education of the candidate and a brief description of the candidate's qualifcafions. No additional materials supplied by the candidate shah be included in the sample ballot and the statement of qualifications. DATE: Signature of Candidate 4:CC:Candidat. Agr ITEM NO. 9b DATE: June 19, 1996 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION ON FILLING COUNCIL VACANCIES DUE TO ELECTION RESULTS Vice-Mayor Shoemaker has requested to make a presentation regarding this item at the meeting for City Council discussion. RECOMMENDED ACTION: Council hold discussion regarding filling Council vacancies due to election results. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: 1. None. Acct. No.: (if budgeted) Candace Horsley, City Manager Candace Horsley, R:4/Can:Asrfill ITEM NO. 9c DATE: JUNE 19, 1996 URGENCY ITEM SUMMARY REPORT SUBJECT: EXECUTION OF STIPULATED ORDER OF COMPLIANCE AND AGREEMENT NO. 96-01 PERTAINING TO LEVELS OF METHANE WITHIN MIGRATING LANDFILL GAS AND COMPLETION OF GAS MONITORING NETWORK FOR UKIAH SOLID WASTE DISPOSAL SITE It is requested that this item be presented to the City Council for action as an urgency item during City Council's regularly scheduled meeting of June 19, 1996. A fourth/fifth vote of the City Council is required to accept this matter as an urgency item. BACKGROUND Presented for the City Council's action is a Stipulated Order of Compliance and Agreement which, when executed, will require the City to perform various tasks by specified dates. The tasks to be performed pertain to the corrective action of migrating landfill gas at the perimeter of the landfill which contains levels of methane exceeding compliance levels and the completion of the Gas Migration Monitoring Network. As a condition of accepting the City's application for a revised Solid Waste Facility Permit as complete, the Local Enforcement Agency (LEA), on behalf of the California Integrated Waste Management Board (CIWMB) staff, required the CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize the Mayor and the City Manager to execute the Stipulated Order of Compliance and Agreement No. 96-01. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. 4. 5. 6. N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager . Stipulated Agreement Correspondence dated May 16, 1996 Correspondence dated May 9, 1996 Correspondence dated December 8, 1994 Excerpts of RFP for Amendment to Corrective Action Plan Excerpts of RFP for the Construction of Five (5) Gas Monitoring Wells Correspondence dated April 1, 1996 Correspondence dated March 7, 1996 APPROVED R: I XLANDFILL:Idr AMErHANE C~ndace Horsley, City Execution of Stipulated Order of Compliance and Agreement No. 96-01 Pertaining to Levels of Methane within Migrating Landfill Gas and Completion of Gas Monitoring Network for Ukiah Solid Waste Disposal Site June 19, 1996 Page 2 City to commit to firm dates by which defined tasks pertaining to gas control would be completed. Applications for revised landfill permits cannot be accepted as complete if there exists on-going violations. The on-going violations are (1) methane levels exceeding five (5) percent by volume at two (2) gas perimeter monitoring wells since January 1996; and (2) the approved Gas Monitoring Network has not been completed; only five (5) of 10 approved gas monitoring wells have been installed. In July and September of 1994, five (5) gas monitoring wells were installed along the southern perimeter of the landfill footprint. Initial gas monitoring indicated levels of methane exceeding compliance levels at the landfill perimeter within one probe of Gas Well No. 4. The probe in violation was the deepest probe which collects gases at a level between 113 feet and 145 feet below the ground surface. As required by Title 14, CCR, the City prepared a Proposed Corrective Action Plan and submitted it to the LEA for approval. On December 8, 1994, CIWMB staff corresponded to the LEA indicating that the Proposed Corrective Action Plan was reviewed, however, Board staff looked forward to the installation of the remaining five (5) gas monitoring wells north of the creek and the continued assessment of the migration of gas along the southern perimeter of the landfill site. The Director of Public Works expressed his preference to the LEA that the City's limited financial resources be utilized for mitigating the methane levels at the southern landfill boundary in-lieu of constructing four of the five remaining wells north of the intermittent creek. It was the Director's position based on information provided by the City's consultant that the creek most likely acted as a hydraulic barrier to landfill gas and, therefore, no landfill was migrating across the northern perimeter of the landfill site. In the meantime, the City budgeted $157,500 for the construction of a gas collection system for the area exceeding methane gas compliance for the 1995/96 fiscal year. During the period between June 1995 to December 1995, methane gas levels within Gas Well No. 4 diminished below maximum levels allowed, and, therefore, the Corrective Action Plan was not implemented nor were the five remaining gas wells along the north perimeter installed. In January of 1996, levels of methane exceeding compliance levels were observed in two of the five southern perimeter gas wells, No. 4 and No. 3. In accordance with Title 14, CCR, the City is required to update the Corrective Action Plan dated November 1994. It is also necessary that further assessments be made to ensure that the proposed Corrective Action measure (gas extraction) can safely and efficiently remove methane within the landfill mass adjacent to the violation area to achieve compliance levels at the landfill perimeter. Execution of Stipulated Order of Compliance and Agreement No. 96-01 Pertaining to Levels of Methane within Migrating Landfill Gas and Completion of Gas Monitoring Network for Ukiah Solid Waste Disposal Site June 19, 1996 Page 3 On May 9, 1996, the Director of Public Works submitted correspondence to the LEA confirming revised dates for the performance of various task pertaining to gas control and monitoring. On May 16, 1996, the City received written notification that the City's application for a revised permit was deemed complete. During the week of June 3, a Request for Proposal to Amend the Corrective Action Plan dated November 1994 and the Performance of Field Evaluation Work was prepared and mailed to 18 consultants. On June 15, 16 and 17, a Request for Proposal to Construct Five Gas Migration Monitoring Wells was prepared and mailed to 18 consultants on June 18, 1996. Proposals are to be submitted to the City no later than July 11, 1996, and July 19, 1996, for award on July 17 and August 7, 1996, respectively. The award dates specified conform to the dates indicated in the Stipulated Agreement. The work of the first Request for Proposal must be completed by September 12, 1996. The work of the second Request for Proposal must be completed in two phases on October 15 and November 1, 1996. It is to be noted that the design of the recommended Corrective Measure for gas control is to be completed by May 9, 1997 and the construction of the system must be completed by October 31, 1997. Contained in the proposed budget for fiscal year 1996/97 is a recommendation that $80,000 be funded for the construction of the remaining five gas monitoring wells. No funds were budgeted for the Amendment of the Corrective Action Plan and Assessment. Despite a higher negative fund balance for the beginning of the 1995/96 as was projected, the landfill fund may have a positive fund balance of approximately $190,000 because of higher revenues than anticipated and some budgeted projects will not be implemented prior to June 30, 1996. However, if all proposed projects in the 1996/97 budget are approved except for the raising of the power lines ($140,000), the landfill fund may end in the red by $90,000 because of a projected 5 percent reduction in revenues (approximately $100,000). The Director is hopeful that the installation of the five (5) gas wells will cost $20,000 to $15,000 less than the projected $80,000 and the difference could be utilized to fund the Amendment to the Corrective Action Plan. Despite our funding dilemma, the City has no other option but to proceed with the projects described in the Stipulated Agreement. R:I \LANDFILL:kk AMETHANE UKIAH OFFICE 880 NOR'I'll BUSH STREET UICIAH, CA 95482 (707)463-4466 FAX (707)463-4038 FORT BRAGG OFFICE ! 20 WEST FIR STREET FORT BRAOG, CA 95437 COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH DMSION OF ENVIRONMENTAL HEALTH STIPULATED ORDER OF COMPLIANCE AND AGREEMENT #96-Ol UKIAH SOLID WASTE DISPOSAL SITE #23-A~-0019 TO: June 18, 1996 FRED SCHNEITER MAYOR CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 CANDACE HORSLEY UKIAH CITY MANAGER 300 SEMINARY AVENUE UKIAH, CA 95482-5400 FROM: JOHN D. ROGERS, DIRECTOR MENDOCINO COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH LOCAL ENFORCEMENT AGENCY 880 N. BUSH ST. UKIAH, CA 95482 RE: CITY OF UKIAH SOLID WASTE DISPOSAL SITE 23-AA-0019 SE 1/4 SECTION 10, T15N, R12W, MDB&M Located the end of VICHY SPRINGS RD UKIAH, CA 95482 A) STATE MINIMUM STANDARDS VIOLATION 1. 14CCR Section 17258.23 Explosive Gases Control The City of Ukiah has installed five gas monitoring wells along the southern and western landfill property boundary beginning in July 1994 with construction complete by September 1994. Quarterly monitoring of the gas wells has revealed combustible gas levels above the lower explosive limit in gas monitoring wells number 3 and 4 verified in monitoring conducted on January 25, 1996. B) SPECIFIC ACTION Pursuant to 14 CCR Section 17258.23 the city of Ukiah developed a remediation plan submitted to the Local Enforcement Agency on March 7, 1996 and forwarded to the California Integrated Waste Management Board. On May 9, 1996, the City of Ukiah submitted a schedule for completing the perimeter gas monitoring network and implementing a gas migration corrective action. C) CONDITIONS: The City of Ukiah will meet the following conditions: 1. Revise the November 1994 Gas Migration and Corrective Action Plan. The contract is to be awarded by July 17, 1996. The revised plan is to be submitted to the LEA by September 13~ 1996. 2. Develop design for gas migration corrective action measure and PS&E preparation. The contract is to be awarded by March 5~ 1997. The design and PS&E are to be completed by May 9, 1997. 3. Implement corrective action for gas migration. The contract is to be awarded by July 2~ 1997. Construction of corrective action measures is to be completed by October 31, 1997. 4. Construct the five remaining gas monitoring wells that will serve as points of compliance along the north and eastern perimeter of waste footprint. The public bid process is to be completed by July 19~ 1996. The contract is to be awarded by August 7, 1996. Construction of the wells is to be completed by October 15~ 1996. Failure to comply with the conditions and deadlines contained in this Stipulated Order of Compliance and Agreement and/or failure to take prompt corrective action when required by the LEA may lead to civil penalties pursuant to Public Resources Code Section 45200. Page 2 of 5 Compliance Date Chart 23- AA-0019 CITY OF UKIAH-June 18, 1996 Action/Condition Award Contract For Revised Gas Migration Corrective Action Plan Submit Revised Gas Migration and Corrective Action Plan Award Contract For Design of Gas Migration Corrective Action Measure and PS&E Preparation Complete Design for Gas Migration Corrective Action Measure And PS&E Award Contract For Construction of Gas Migration Corrective Action Measure Complete Construction of Corrective Action Measure Complete Public Bid Process For Construction of Gas Monitoring Wells Award Contract For Construction of Gas Monitoring Wells Complete Construction of Gas Monitorin~l Wells Due 7/17/96 9/13/96 3/5197 5/9197 7/2/97 1 O/31/97 7/19/96 8/7/96 10/15/96 Submitted Accepted Page 3 of 5 The parties agree that as long as Owner/Operator complies with the interim operating conditions set forth herein, the Mendocino County Division of Environmental Health shall take no other or further enforcement action against the Owner/Operator or its officers, agents, or employees with respect to the violations described in this Stipulated Agreement. OWNER/OPERATOR: City of Ukiah Date: Fred Schneiter Mayor city of Ukiah Date: Candace Horsley Ukiah City Manager LOCAL ENFORCEMENT AGENCY: MENDOCINO COUNTY DEPT. OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH Date: John D. Rogers, Director Division of Environmental Health Local Enforcement Agency Page 4 of 5 DECLARATION The allegations contained in this document are based on research of existing documents, inspections, or personal knowledge of John P. Morley, REHS III: I am duly employed as an Environmental Health Specialist with The Mendocino County Department of Public Health. , John P. Morley, REHS III. Page 5 of 5 UKIAH OFFICE 880 NORTH BUSH STREET UKIAH, CA 96482 (707)463-4466 FORT BRAGG OFFICE 120 WEST FIR STREET FORT BRA(3(3, CA {)6437 (707) 964.-4713 COUNTY OF MENDOCINO OEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH May 16, 1996 Mr. Rick Kennedy, Director Public Works Department City of Ukiah 300 Seminary Avenue Ukiah, ~CA 95482 Subject: Application For Permit Revision For the Ukiah Solid Waste Disposal Site, Permit f23-AA-0019 The Mendocino County Division of Environmental Health acting as the Local Enforcement Agency (LEA) for the California Integrated Waste Management Board (CIWMB) has completed review of the above referenced permit application. The application has been accepted-~------ for filing pursuant to 14CCR Section 18203 on condition that the city of Ukiah enter into a Stipulated Order of Compliance and Agreement (STIP) with the LEA. The STIP will establish compliance dates for the completion of the perimeter gas monitoring system and implementation of corrective action for elevated methane levels in vicinity to monitoring well number 4. If you have any questions please contact me at 463-4466. Sincerely, John P. Morley Environmental Health Specialist III cc: Russ Kanz, CIWMB Jeffrey A. Roy Richard Roos-Collins 300 SI · Al)MIN. 707/463-6200 · FAX # 707/463-6204 UKIAH, CA 95482-5400 · PUBLIC SAFELY 463-6242/6274 · May 9, 1996 David Koppel Local Enforcement Agency Division of Environmental Health Department of Public Health County of Mendocino 880 N. Bush Street Ukiah, CA 95482 Re: City of Uklah Municipal Landfill/Revised Schedule for Gas Migration Corrective Action Dear Mr. Koppeh Pursuant to my discussion with John Morley of today, the City agreed to revise our proposed schedule for Gas Migration Corrective Action, which was previously submitted to your Department on May 3, 1996. The survey of gas levels at ground surface south of the Landfill has been eliminated and the schedule for the revision of the Gas Migration Corrective Action Plan has been accelerated to accommodate a submittal of the revised plan to the LEA by September 13, 1996. The schedule for the completion of the Gas Monitoring Well Network remains .as previously submitted. Enclosed is a copy of the revised schedule. Subsequent to the revision of the schedule, the City's application for a revised permit has been deemed complete. Thank you for your Department's assistance in this matter. Sincerely, Director of Public Works/*~Ity E~ineer RK:ky Enc. c: Candace Horsley 4:PW:LLEA. 1 SCHEDULE FOR GAS MIGRATION CORRECTIVE ACTION UKIAH MUNICIPAL LANDFILL REVISED MAY 8, 1996 Revise Gas Migration Corrective Action Plan. dated November 1994 Request for Proposal Proposal Due Date . Award Contract Review Gas Data & Revise Plan Submit Revised Report to LEA June 3, 1996 July 8, 1996 July 17, 1996 August 30, 1996 September 13, 1996 J Design for Gas Migration Corrective Action Measure and PS&E Preparation Request for Proposal Proposal Due Date Award Contract Complete Design & PS&E January 27, 1997 February 19, 1997 March 5, 1997 May 9, 1997 3, Implementation of Corrective Action for Gas Migration Request for Bid Bid Due Date Award Contract Complete Construction of Corrective Action Measures May 22, 1997 June 25, 1997 July 2, 1997 October 31, 1997 R:I~LANDFILL GASMIG.SCH SCHEDULE FOR COMPLETION OF GAS MONITORING WELL SYSTEM UKIAH MUNICIPAL LANDFILL le Construct 5 remalnlngl wells alon,q north perimeter of footlgrin, t Request for Proposal Proposal Due Date Award Contract Complete Project Submit Report June 17, 1996 July 19, 1996 August 7, 1996 October 15, 1996 November 1, 1996 4:FNV:Schedule 5TAT£ OF' uAuI'ORNIA CALIFORNIA INTEGRATED WASTE ""^ ~O0 ~ Ccntcr Dri~ Sac~m~to, ~l;fomJa 9~ December 8, 1994 Mr. David Koppel Mendocino County Public He-~i-tn Deparcmen: Division of Environmental Health 890 Bush Street Ukiah, California 95482 Pos,-It' brand fax transmiflal memo 767'1 I i ~x~ .... ~n ~--- SUBJECT~ City of Ukiah Landfill, Gas Monitoring Dear Mr. Koppel: I have reviewed the Results of Gas Migration Monitoring and Proposed Corrective Action, for the subject site dated November 1994. Board staff is looking forward to the installation of the landfill gas wells north of the creek and the continued assessment of' the migration of gas along the southern side of the site. Please have the City of Ukiah submit a schedule for installing the next round of landfill gas monitorin9 wells. Please note that care should be taken when the City implements the corrective action for gas at the site. Specifically, the City should try not to increase the amount of oxygen available to the refuse. Should you have any questions, please call me at (916) 255-2647. Sincerely, Robert Anderson Closure and Remediation Branch Permitting and Enforcement Division cc: Ms. Sue Goodrich, City of Ukiah Mr. Damon Brown, RBA Wastechnologies, Santa Rosa, California Mr. David Faulkner, Mendocino Air Pollution Control District Mr. Renaldo Crooks, Air Resources Board Mr. Dave Evans, North Coast Regional Water Quality Control Board ~ TOTAL P, 81 ,! June 3, 1996 REQUEST FOR COST PROPOSAL TO PERFORM FIELD EVALUATION WORK AND TO AMEND GAS MIGRATION CORRECTIVE ACTION PLAN DATED NOVEMBER 1994 FOR UKIAH SOLID WASTE DISPOSAL FACILITY Dear Consultant: Your cost proposal to perform investigative and evaluation work for the purpose of determining quantities of methane gas available to support available gas control systems and to amend or to rewrite the Gas Mitigation Corrective Action Plan dated November, 1994 which was prepared for the Ukiah Solid Waste Disposal Facility is requested. INTRODUCTION Subsequent to the installation of five (5) gas migration monitoring wells along the southern boundary 'of the landfill and the compilation of the initial monitoring results, a Gas Migration Corrective Action Plan was prepared and submitted to the LEA and CIWMB. The initial results indicated methane gas migration exceeding allowable limits at the site boundary within the deepest probe of one well (Gas Well No. 4 at depth of 113 to 143 feet below ground surface). Subsequent to the preparation of the Report, methane gas levels diminished below allowable levels during the period between June 1995 to December 1995 and, therefore, further investigative work, design and implementation of a corrective action measure were delayed until further monitoring was accomplished. The monitoring effort in January 1996 indicated that methane gas levels had returned to levels exceeding compliance levels (Gas Well No. 4 and No. 3). In accordance with Title 14 Regulations, the City s required to implement corrective action. It is appropriate that further work be performed to determine the quantity of methane that is available in the vicinity of the southern boundary and which control options are applicable given methane production, site conditions and existing landfill operations. Given the proximity of the refuse footprint to the southern site boundary and in consideration of site conditions and current operations, it is currently believed that the appropriate corrective measure would be a LFG extraction system designed to control gas migration along or in the vicinity of the violation areas and which can be incorporated into an expanded extraction system for the entire landfill footprint should such an expanded system be required in the future. The extracted gas could be flared or actively vented with small capacity blowers. Given the City's financial commitment to the implementation of corrective action measures for groundwater VOC impact, it is the City's desire that the gas extraction be limited to the current areas of violation, i.e., Gas Well No. 4 and No. 3. ATTACHMENT SCOPE-OF-WORK PROJECT OBJECTIVE The creation of a planning document meeting the requirements of Sections 17258.23 and 17705 of Title 14, CCR and which shall contain information pertaining to the extraction of landfill gas for the purpose of reducing levels of methane below the maximum allowed (5 % by volume) at two identified locations along the southern site boundary of the landfill. The planning document shall describe the nature and extent of the gas migration along the southern site boundary and the proposed remedy. The planning document shall contain sufficient information as to demonstrate that the recommended remedy contained therein, which shall be an active control system, will safely reduce methane levels at the site boundary to below compliance levels. The planning document shall contain preliminary costs for the final design and construction of the recommended gas control system. The planning document shall be entitled "Gas Migration Corrective Action Plan." This Plan will be submitted to the LEA and the Mendocino County Air Quality Management District for approval and it will be utilized in the design of the recommended control system. The recommended gas control system shall be adaptable in that the system can be connected to a larger control system should such a system be required in the future. The gas control system will consist of extraction wells and the method of gas disposal, whether it be by combustion or venting to the atmosphere with the aid of small capacity blowers, shall be acceptable to the Mendocino County Air Quality Management District. The areas along the southern site boundary in violation of methane compliance levels are adjacent to Gas Monitoring Well No.'s 3 and 4. The current tipping area is adjacent to Well No. 3 and it will proceed eastward during the summer and fall months towards Gas Well No. 4. It will be necessary for consultant to accomplish the collection of field data in high activity areaS. WORK REQUIRED TO ACCOMPLISH PROJECT OBJECTIVE To accomplish the project objective, it will be necessary for consultant to review gas monitoring data, topographic maps of the landfill and adjacent areas, gas well logs, preliminary closure plans, and other landfill records prior to conducting field evaluation work. After the review of existing records and data, it will be necessary that temporary wells or bores be constructed within the landfill mass to determine quantities of methane being produced. Estimates of methane production by reason of additional refuse which will be placed over the surface adjacent to the violation areas, will be required. Height of the additional waste will vary from 5 feet to 20 feet over the current ground surface. Depth of refuse to natural ground surface will not exceed 85 feet in depth. Subsequent to the collection and analysis of new field data, the required number of gas collection wells needed to safely extract landfill gas for the purpose of achieving compliance levels for methane at the site boundary must be determined. Cost estimates for the final design, preparation of contract documents and the construction of the gas control system are to be compiled. The current Gas Migration Corrective Action Plan is to be amended or re-written to include a description of the field evaluation work performed and data collected, a description of the nature and extent of the gas migration along the southern boundary, a description of the recommended gas control system to be installed to achieve compliance and the general location of the extraction wells, and a preliminary engineering cost estimate for the design, contract document preparation and construction of the recommended gas control system. SCOPE-OF-WORK BY TASK TASK I: Review phase to gain full understanding and knowledge of landfill conditions as it pertains to gas migration along the southern site boundary. TASK II: Field evaluation and drilling of at least two temporary gas wells or bores to facilitate the quantification of methane production in the area of violation. The taking of methane levels within investigative wells/bores. TASK III: Estimation of methane production by reason of additional refuse being placed over the surface adjacent to the violation areas. TASK IV: Determination of the number of extraction wells needed to safely extract methane gas to achieve compliance. Discussions with Regulatory Agencies to determine acceptable means of methane disposal/destruction. TASK V: Preparation of Amended Gas Migration Corrective Action Plan in draft form for review by the City of Ukiah. City of Ukiah will review and provide comment to draft within three (3) days from submittal by consultant, and City will overnight or fax comments on third day. Preparation of Final Plan for submittal to City on September 12, 1996. B: I ~AGREEMENT GMCAP PROJECT SCHEDULE ATrACHMENT "B" The following schedule by work Task has been assumed by the City. Request for Proposal Proposal Due Date Recommendation for Award Award Consultant Contract Consultant Executes Contract and submits Insurance Documents Consultant Begins Work June 10, 1996 July 11, 1996 July 12, 1996 July 17, 1996 July 26, 1996 July 29, 1996 Task I Task II Task III Task IV Task V Week of July 29, 1996 Week of August 5, 1996 Week of August 12, 1996 Week of August 19, 1996 Week of August 26 to September 12, 1996 Submit Draft City Reviews Draft City Returns Draft Draft Revisions Consultant Submits Final to City City Submits Final to LEA September 3, 1996 September 4 to 6, 1996 September 6, 1996 September 9, 10, 11, 1996 September 12, 1996 September 13, 1996 June 17, 1996 REQUEST FOR COST PROPOSAL TO CONSTRUCT FIVE GAS MIGRATION MONITORING WELLS AND PREPARE REPORT OF WELL INSTALLATION AND INITIAL MONITORING Dear Consultant: Your cost proposal to construct five (5) gas migration monitoring wells which are to be constructed in accordance with the approved "Landfill Gas Monitoring System Proposal" and the preparation of a Well Installation and Initial Monitoring Report for these five wells is requested. INTRODUCTION Subsequent to the submittal and approval of the City's Gas Perimeter Monitoring Plan, five of a total of 10 proposed wells were constructed along the southern boundary of the landfill. The wells constructed were numbered GAS-1 through GAS-5. Although the City has maintained that the remaining five proposed gas wells which are to be located north of the intermittent creek which separates the north limit of the buried refuse and the proposed locations of four (4) of the remaining five gas wells are not needed because of the hydraulic barrier, the California Integrated Waste Management Board (CIWMB) has directed the City to install the remaining gas wells for purposes of completing the gas monitoring network. The City will soon enter into a Stipulated Agreement whereby the City will commit to the construction of the five remaining wells no later than October 15, 1996 and the well installation report and results of the initial monitoring to be submitted no later than November 1, 1996. The five gas monitoring wells to be constructed are depicted on Attachment "C" as GAS-6 through GAS-10, inclusive. The terrain north of the intermittent creek is steep and wooded with heavy vegetation. Access to the proposed location from GAS-7 should be considered difficult and access from the north to the proposed location for GAS-8 impossible without heavy grading and vegetation removal. Access to the GAS-9 location can be made over the creek from the south with an all terrain drill rig. Access to GAS-10 and GAS-6 locations can be achieved without difficulty. It was originally envisioned that access to GAS-8 would be accomplished with a temporary bridge (rail car) as was used when groundwater monitoring well No.'s 92-2 and 92-3 were constructed. From a construction cost and post construction monitoring perspective it maybe more advantageous to construct wells GAS-7 and GAS-8 at locations depicted as GAS~7 ALT and GAS-8 ALT even though the wells would be deeper at these alternate locations. It is assumed that alternate locations will be acceptable to the Board Staff as long as the required lateral well spacing will not exceed 1,000 feet and the well depths are below refuse depths. Page 1 of 10 ATTACHMENT "A" PROJECT OBJECTIVE SCOPE-OF-WORK The completion of a perimeter, landfill gas migration monitoring network all in accordance with the City's approved "Landfill Gas Monitoring System Proposal" dated August, 1996, and Title 14, CCR. WORK REQUIRED TO ACCOMPLISH PROJECT OBJECTIVES Although required gas well depths and proposed and preferred locations have been provided by the City, it will be necessary for the consultant to review available topographic maps of the landfill, to inspect the site to become familiar with the proposed gas well locations for purposes of ensuring that access to the proposed locations can be achieved by appropriate drilling equipment, and to review the Landfill Gas Monitoring System Proposal, geologic information, measured groundwater levels within applicable groundwater monitoring wells, and other landfill records to ensure that gas wells are constructed in accordance with Title 14, CCR, requirements. It will be necessary for the consultant to provide an Engineering Geologist who shall be present at the job site at all times when drilling of the gas wells are in progress for purposes of making drilling logs, describing soils using the ASTM D2488-84 ~nethod, and for providing general instructions to the consultant's driller. Consultant shall hire the services of a licensed drilling contractor who has the proper drilling equipment that can accommodate the rough terrain and that can drill to the required depths. The drilling contractor shall decontaminate the drilling equip~nent in accordance with accepted standards and practices. Consultant must provide all materials and labor necessary to complete and secure each gas well all in accordance with the approved landfill gas migration well typical detail. Consultant shall apply and secure the required well permits from the County of Mendocino Health Depart~nent and City shall pay for the well permit fees directly. After the construction of the gas wells are completed, consultant shall purge, measure and record levels of methane gas and oxygen (both gases in percent by volume) and soil gas pressure for each gas probe. Measurements are to be taken with the use of a Gastech 19390X Landfill gas analyzer or equivalent measuring equipment and probe pressures shall be recorded in inches of water column. Barometric pressure in inches of mercury shall also be recorded as well as ambient air temperature. After the completion of well construction and initial monitoring, the consultant shall prepare a report entitled, "Report of Gas Well Construction and Initial Monitoring", which shall include descriptions of the work completed including the manner in which it was completed, the boring Page 1 of 2 logs and as-built details and the results of the initial monitoring. Five (5) copies of the final Report are to be submitted to the City. Boring logs shall be presented in a manner and style similar to the typical log included in Attachment "I". SCOPE-OF-WORK BY TASK TASK I: Review phase to gain full understanding and knowledge of landfill conditions prior to the drilling of the gas wells. Secure well permits. TASK II: Drilling and construction of five gas monitoring wells. TASK III: Initial monitoring of all gas probes. TASK IV: Preparation and sub~nittal of the final "Report of Gas Well Construction and Initial Monitoring." Five (5) copies to the City. B:I\RFP GMMW.RFP Page 2 of 2 ATTA CtlMENT "B" PROJECT SCHEDULE The following schedule by Work Task has been assumed by the City. Request for Proposal Proposal Due Date Recommendation for Award Award Consultant Contract Consultant Executes Contract Consultant Begins Works June 17, 1996 July 19, 1996 July 31, 1996 August 7, 1996 August 16, 1996 August 19, 1996 Task I Task II Task III Task IV Weeks of August 19 and 26, 1996 Weeks of September 16, 23, and 30, 1996 Week of October 7, 1996 Weeks of October 14 and 21, 1996 Consultant submits final Report to City October 28, 1996. Page of 1 of 1 EN"2 . HEALTH UKIAH OFFICE NORTH BUrd~ STREET UKIAH, CA ~6482 ID'707-~63-4055 APR 01'96 13'52 No.O06 P.02 FORT BRAGG OFFICE 120 WEST FIR STREET FORT BRAGG, CA EI64;~'~ 007) e~4-4713 COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH MEMORANDUM DATE: TO: FROMz BUBJECT: April 1, 1996 Rick Kennedy, Public Works Director John P. Morley Review of Re-submittal of Application for Permit Revision The LEA is in receipt of a revised RDSI dated March 27, 1996 for the Ukiah Solid Waste Disposal site. Upon review the LEA has determined there are just two issues that need to be addressed for the application to be accepted. 1. 'At the City's request the LEA has forwarded a request for alternative corrective action schedule to the California Integrated Waste Management Board (CIWMB). Preliminary conversation with staff of the CIWMB indicates the proposed schedule is acceptable provided the city and LEA enter into a Notice and Order to establish a compliance schedule. 2. Currently only the southern and western perimeters of the landfill are being monitored for methane. For the city to be in full compliance with 14CCR 17258.23 a monitoring plan will need to be implemented that will include the entire property boundary. The thirty day permit application review period will end April 3, 1996. If you have any questions please contact me at 463-457§. cc: Candace Horsley, Ukiah City Manager SUe Goodrick, Public Works Administrator 300 UKI^H, CA 95482-5400 · ~DMIN. 701/46:3-6200 · PUBLIC ,~u~EIY 463.62,t2/6274 · I~AX # 707/46:3-6204 · March 7, 1996 John Morley Local Enforcement Agency Enviromnental Health Department 880 North Bush Street Ukiah, CA 95482 RE: Corrective Action Plan to Address Elevated Methane Levels in Gas Well No. 4 Dear Mr. Morley: Pursuant to your letter dated 2/22/96, the City has been requested to develop for submittal to the LEA a corrective action plan to address the elevated methane levels in Gas Well No. 4. As you ~ay recall, tl~c City submitted a report to your Department entitled, "Results o1' Gas Migration Monitoring and Proposed Corrective Action." This report was prepared in November 1994 by EBA Wasteclmologies. Included on Page 12 of the report was a remediation option that included an active control measure consisting of a limited number of gas collection wells in the vicinity of the violation area with solar-activated open flares mounted to each well casing. As stated in the report, this option would provide the City with an economical method to deal with the i~mnediate gas issue. The wells could also be utilized in a larger scale gas collection system if that became a necessity. Subsequent to the report, we made verbal requests to the LEA that the design and implementation of the gas corrective measure be delayed because we noted through our gas monitoring efforts that ti~e levels of methane in Well No. 4 was dropping. In fact, we note that between June 13, 1995 to December 30, 1995, the methane levels in all five wells were below the 5 % maximum level. As verified by our recent efforts in the construction of tlu'ee leachate extraction study wells, along with information obtained frown interviews with former landfill employees, there are subsurface seeps in the former natural ravines which were filled with refuse in the early 1970's. These ravines are clearly shown in aerial photographs and topographic maps prepared in 1972. We suspect that these subsurface seeps originate ti'mn the hills to the south of the landfill, particularly from the area adjacent to Gas Well No. 4. As we progress tlu'ough the dryer part of Ihe year, the 'We Pa'e Here To Se[ye" '~/ ~::>"~' ~ seeps diminish thereby reducing the amount of subsurface moisture coming into contact with the refuse. With the reduction of moisture there is a corresponding reduction in the rate of decomposition and the gas/methane by-product. We acknowledge the current gas violation in the area of.Gas Well No. 4 as evidenced by your monitoring results obtained on January 25, 1996, however, we do not note that the gas levels within the other four gas monitoring wells are above the maximum allowed. It is our observation that there are no receptors within the immediate vicinity of the violatiou area and the nearest receptors to this area are approximately 3,000 feet to the west (Deerwood and El Dorado), 2,500 feet to the east (Vichy Springs Resort) and 1,900 feet to the south (Gun Club); reference is made to the surrounding Land Use Zoning Map prepared by EBA Wastechnologies. Considering the levels found in Gas Wells 2, 3 and 5, the methane found in Gas Well No. 4 is not traveling east or west. In light of this, we do not believe that tile high level of methane measured in tile deepest probe constitutes an immediate health hazard or concern. This probe collects landfill gas which migrates through the soil mass between 113 feet and 143 feet below the ground surface, or approximately at 802 feet to 772 feet above mean sea level. To further strengthen our claim that there are no health hazards concerning the level of methane within Gas Well No. 4, we propose to hire a consultant to obtain gas or methane readings at the ground surface within the Gun Club property just north and northwest of the Club House and within the parcel to the west of the Gun Club, assuming we can obtain the property owner's permission. Should a corrective action measure for gas control be required by the LEA,. we request, (given the City's current financial commitment to, and the necessity for, implementing corrective action measures for the purpose of mitigating VOC impacts to onsite groundwaters at the north toe of the landfill this coming fiscal year), that the required measure be delayed until the first quarter of the 1997/98 fiscal year. I do not believe the above issue should fi~rther delay your acceptance of our permit revision application. I request that your department accept our application as complete. R~c Director of Public Works CC: Candace Horsley, City Manager RK/mh