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HomeMy WebLinkAbout1996-06-05 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CMC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 5,1996 6:30 p.m. Approved as suhnitted . . Mayor Read . Mayor Read ----APPROVED Ordinance No. 964 Resolution No. 96-68 Roll Call Invocation/Pledge of Allegiance Approval of Minutes I. Regular Meeting of May 15, 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 CAI,ENDAR 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 ia 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 ia accordance with Adminisu'ative Staff and/or Planning Commission recommendations. a. Adoption of Ordinance Amending Section 3704.6 of the Ukiah City Code, Sewer Regulations. b. Award of Bid to Southwest Power Incorporated, in the Amount of $10,489.05, for 10,000 Feet of 4/0 Triplex Cable. Award of Bid to Western States Electric, in the Amount of $14,797.28, for one 1,000 KVA, Transformer. Adopt Resolution Adopting Schedule of Fees and Rates for Garbage and Recycling Collection Service. Report Regarding Commission Terms Expiring June 30, 1996 Deny Claim from Richard Howard and Refer to Insurance Carrier, REMIF Deny Claims from Billy Mack C3ark, on behalf of Ashley Nichole Clark, Billy Mack Clark, and Carol Whitcornbe, and Refer to Insurance Cartier, REMIF Approval of Investment Advisory Services with Public Financial Management, Inc. C. d. e. h. The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request Mayor Read . AUDIENCE COMMENTS ON NON.AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda thai 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) comments in which the subject is not listed on the agenda. , Introduced Resolution No. 96-70 Adopted w/ Guideline Modifications 8. Appt. Marge Giuntoli Resolution No. 96-69 Mayor Schneiter/ Interim Alternate 9. Consensus to Abandon a. Introduced b. Approved PUBLIC HEARING. 7:00 n.m. a. Introduction of Ordinance Amending the Airport Industrial Park Planned Development b. Adoption of Resolution Establishing Rental Fees for Alex R. Thomas, Jr. Plaza and Adopt Vendor Use Guidelines UNFINISHED BUSINESS a. Appointment to Fill the Unexpired Term of City Clerk b. Adoption of Resolution Establishing Investment Oversight Committee c. Discussion Regarding Council AppointmentatSunhouse Guild Discussion and Determination Regarding GIS System Introduction of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code c. Approve Budget Amendment in the Amount of $6,000 for Replacement of Heating and Air Conditioning Unit in Golf Course Clubhouse No Action Announced 10. 11. 12. CITY COUNCII./REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. Pursuant to G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation (Ashoff, et al vs. City of Ukiah) 9:26 p.m. 13. AD.IOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate Individuals with disabilities upon request Mayor Read . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input fi'om 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 aabje, ca Tat: .Browa Act rr, gul~oas do not allow action to be taken on audience comments in which the subject is not listed on the agenda. , Introduced Resolution No. 96-70 Adopted w/ Guideline Modifications 8. Appt. Marge Giuntoli Resolution No. 96-69 Mayor Schneiter/ Interim Alternate 9. Consensus to Abandon a. Introduced b. Approved PUBLIC HEARING. 7:00 n.m. a. Introduction of Ordinance Amending the Airport Industrial Park Planned Development b. Adoption of Resolution Establishing. Rental Fees for Alex R. Thomas, Jr. Plaza and Adopt Vendor Use Guidelines UNFINISHED BUSINESS a. Appointment to Fill the Unexpired Term of City Clerk b. Adoption of Resolution Establishing Investment Oversight Committee c. Discussion Regarding Council Appointments/Stmhouse Guild Discussion and Determination Regarding GIS System Introduction of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code c. Approve Budget Amendment in the Amount of $6,000 for Replacement of Heating and Air Conditioning Unit in Golf Course Clubhouse No Action Announced 10. 11. 12. CITY COUNCII./REPORTS CITY MANAGER/DEPARTMENT I-lEAD REPORTS CLOSED SESSION a. Pursuant to G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation (Ashoff, et al vs. City of Ukiah) 9:26 p.m. 13. ADJOURNMENT The City of Ukiah compiles with ADA requirements and will attempt to reasonably accommodate Individuals with disabilities upon request . . , 1! ;! CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 5, 1996 6:30 p.m. Roll Call Invocation/Pledge of Allegiance Approval of Minutes I. Regular Meeting of May 15, 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 CAI,ENDAR 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. Adoption of Ordinance Amending Section 3704.6 of the Ukiah City Code, Sewer Regulations. b. Award of Bid to Southwest Power Incorporated, in the Amount of $10,489.05, for 10,000 Feet of 4/0 Triplex Cable. c. Award of Bid to Western States Electric, in the Amount of $14,797.28, for one 1,000 KVA, Transformer. d. Adopt Resolution Adopting Schedule of Fees and Rates for Garbage and Recycling Collection Service. Report Regarding Commission Terms Expiring June 30, 1996 Deny Claim from Richard Howard and Refer to Insurance Carrier, REMIF Deny Claims from Billy Mack Clark, on behalf of Ashley Nichole Clark, Billy Mack Clark, and Carol Whitcombe, and Refer to Insurance Carrier, REMIF Approval of Invesmaent Advisory Services with Public Financial Management, Inc. e. h. The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request . AUDIENCE COMMENTS ON NON-AGENDA ITEM~ The City Council welcomes input from the audience, ffthere is a matter of business on the agenda that you are interested ia, 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 Airport Industrial Park Planned Development b. Adoption of Resolution Establishing Rental Fees for Alex R. Thomas, Jr. Plaza and Adopt Vendor Use Guidelines , UNFINISHED BUSINESS a. Appointment to Fill the Unexpired Term of City Clerk b. Adoption of Resolution Establishing Investment Oversight Committee c. Discussion Regarding Council Appointments/Sunhouse Guild NEW BUSINESS Discussion and Determination Regarding GIS System Inn'oduction of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code Approve Budget Amendment in the Amount of $6,000 for Replacement of Heating and Air Conditioning Unit in Golf Course Clubhouse 10. 11. 12. CITY COUNCII./REPORTg CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. Pursuant to G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation (Ashoff, et al vs. City of Ukiah) 13. ADJOURNMENT The City of Ukiah 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 - May 15, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:31 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. Absent: None. Staff present: Public Utility Director Barnes, Assistant Redevelopment Director DeKnoblough, Assistant City Manager Harris, City Manager Horsley, City Attorney Rapport, Operations Chief Sandelin, Planning Director Sawyer, Fire Marshal Sprehn, Senior Planner Stump and Executive Assistant Yoast. 2. Invocation/Pledqe of Allegiance Councilmember Shoemaker gave the invocation, and Mayor Schneiter led the Pledge of Allegiance. . Commendation/Proclamation Commendation Honoring Don Denham on His Retirement Mayor Schneiter read the commendation to Don Denham, and Don Denham accepted it. ii. Proclamation Regarding Russian River Run Day- June 2, 1996 Mayor Schneiter read the proclamation. Dottie Deerwester, on behalf of North Coast Striders, accepted the proclamation and thanked the Council for recognizing this community event. She explained the significant support received from the businesses and volunteers involved, the process for making the event possible, and encouraged Council and City staff to participate in the event. . Approval of Minutes Special Meeting of April 17, 1996 MIS Shoemaker/Malone to approve the minutes of the April 17, 1996 special meeting, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Shoemaker. NOES: None. ABSTAIN: Mayor Schneiter. ABSENT: None. ii. Regular Meeting of April 17, 1996 MIS Wattenburger/Mastin to approve the minutes of the April 17, 1996 regular meeting, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. iii. Regular Meeting of May 1, 1996 Councilmember Malone questioned whether the City Clerk's entire letter should be in the minutes. City Attorney Rapport noted the minutes are usually action only, so identifying the letter and noting it was read would be sufficient. After discussion, it was determined the second paragraph under agenda item 9d on page 5, shall be changed to read, "Cathy McKay CMC/AAE, Ukiah City Clerk since 1988, read her May 1, 1996 memorandum indicating her intent to resign into the public record." The remainder of her letter, which is italicized, was deleted. MIS Wattenburger/Malone to approve the minutes of the May 1, 1996 regular meeting, as amended, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 6. CONSENT CALENDAR Councilmember Malone removed item 6e, which then became item 10g. MIS Shoemaker/Mastin to approve the consent calendar, as follows: a. c, Approved Report of Disbursements for the Month of April 1996 Adopted Resolution No. 96-63 Declaring Results of the Special Municipal Election Consolidated with the Direct Primary Election of March 26, 1996 Denied Claim for Damages Received from Paula Shermer on Behalf of Christopher J. Shermer, Regular Meeting - May 15, 1996 Page 1 d, and Referred to City Insurance Carrier, REMIF Awarded Contract to S.D. Meyers for Disposal of Transformers for $4,700.77 Adopted Resolution No. 96-64 Authorizing Signatories on City of Ukiah Bank Accounts Rescinded Award of Contract to Reuser, Inc. for Wood and Yardwaste Removal at Ukiah Solid Waste Disposal Site and Directed Staff to Solicit Bids Pursuant to the Municipal Code The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Steve Turner, Mendocino Transit Authority, gave a report on CalACT's spring conference held at the Ukiah Valley Conference Center. He noted it was a huge success and thanked the Conference Center staff and Kris Rasmussen of the Main Street Program for all their hard work, and noted the popularity of the trolley that was transporting attendees throughout the event. Councilmember Mastin thanked Mr. Turner for all his work on the event. Judy Pruden, 304 S. Hortense, noted she would like to see the trolley available during PumpkinFest. She also advised that she would like the clock at the Alex R. Thomas, Jr. Plaza to remain facing the east/west direction. Mayor Schneiter moved agenda item 9a to this time since it was not yet time for the public hearing scheduled for 7:00 p.m. 9a. Discussion Reqardin,q Reconsideration of Demolition Permit Application for Structure Located at 400 East Perkins Street City Manager Horsley introduced Planning Director Bob Sawyer and Senior Planner Charley Stump. Mr. Stump gave a brief history of this Demolition Permit Application and noted at Council's April 17 meeting, staff was asked to work with the parties involved to seek an alternative to demolition. At this time no interested buyers, site, or reliable funding sources have been found to save the structure. Staff recommends that Council determine the structure is no longer historically significant and approve the demolition permit. Judy Pruden, 304 S. Hortense, Chairman of Demolition Review Committee, advised that some positive things have occurred over the last year and a half about designating this property as historical and it shows the community that the City wants to restore our historical resources. She also thanked everyone who looked for alternatives to save the structure and requested the owner continue to work with anyone wanting to move the structure right up to the point of demolition. She noted there have been a few last minute inquiries, but no permanent solution as of tonight. David Ryan, 495 E. Perkins Street, speaking for property owner, Mr. Quan, said he appreciates Judy Pruden's work to try to save the house and noted Mr. Quan is more than willing to postpone demolition if there is a project available to salvage the house. Mr. Bafia, owner of Sizzler Restaurant, 404 E. Perkins St., expressed concern over the delay relative to cleaning up this property, as well as for the safety of his employees and the community. He requested a speedy resolution so that he does not have to take further action for a remedy. Jim Mayfield, representing the Greater Ukiah Chamber of Commerce, advised there was a unanimous vote by the Chamber Board to recommend approval of the demolition permit. He noted there has been significant effort to save the structure but it is now time to take action. Mr. Rapport advised the building has historical value, but the question remains if it is historically significant enough to warrant preservation when considering all the facts and circumstances. Council has put forth extra efforts to find a way to preserve the structure, and must be careful not to infringe on the property owner's rights. It was noted the owner hopes to begin construction of a new facility in 1996, if the demolition permit is approved. Mayor Schneiter indicated he appreciates Mr. Bafia's concerns, and feels the circumstances justify Council issuance of a demolition permit. Councilmember Wattenburger agreed. Councilmember Malone advised he attended a meeting regarding the train depot site and noted it would be a long time before any consideration could be made relative to the structure being moved to that site. Discussion was had relative to the historic value of the structure, and the fact that not enough interest has been expressed to further delay demolition. Regular Meeting - May 15, 1996 Page 2 MIS Malone/Wattenburger that the structure at 400 East Perkins Street is not considered historically or culturally significant, and thus a demolition permit shall be allowed, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, VVattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. o PUBLIC HEARING - 7:00 p.m. Adoption of Resolution Adjusting Fire Prevention Fee Schedule Ms. Horsley presented Operations Chief Sandelin and Fire Marshal Sprehn. Mr. Sandelin explained the history of Fire Department fees, and the proposed new fees. He explained Fire Marshal Roger Sprehn is the staff member who worked on the project and can answer Council's questions. Mr. Sprehn indicated he based the proposed fees on the time involved to accomplish each task. The houdy rate increased from $30 per hour, to $50 per hour, which includes clerical, vehicle support, etc. He drew attention to the analysis he performed of what other fire departments in Mendocino and Napa counties are charging, and noted the City's current fees are either equal to or below most agencies. He explained the public hearing noticing steps taken regarding this item. Discussion followed relative to the methodology used in arriving at some of the fees, that some of the fees will be lower, and the training levels needed to be able to perform plan checking services. Public Hearing Opened - 7:19 p.m. Al Beltrami, 145 Mendocino Place, read a letter, dated May 15, 1996, from Mendocino County Employers Council into the record which noted a concern relative to a 66% increase over five years; that general fund revenues should be used for public safety rather than a reliance on fees; if fees are to be used for some public safety functions, they should be based on a reasonable basis related to service provided, and not for revenue; that the charges for document reproduction are extremely high and need to be justified; that there are three agencies dealing with tank regulations; and concern relative there being any appeal fee. He requested the Council keep the fees at a level to cover reasonable costs, do not add the new fee for the Fire Control Appeal Board, and investigate if better coordination would make the fuel tank regulation process more efficient. Public Hearing Closed - 7:27 p.m. Councilmember Wattenburger questioned whether it is a state requirement that all three agencies deal with the fuel tank regulations. Mr. Sprehn advised the state is in the process of coordinating this into one agency per area, but at this time the City's Fire Code requires a permit for removal, installation, modification, etc. for underground tanks. Discussion followed relative to coordinating efforts with regards to the fuel tanks; that the City currently does not have any appeal fees because the Council does not want to make it difficult for a non- developer to appeal a project; that the state is looking at requiring building inspectors to be licensed, which may extend to fire personnel. There was additional discussion regarding whether there could be only one fee for one inspector. It was noted both the building and fire divisions do work with many of the same code books, however, fire, life, and safety issues are the Fire Department's role because they are heavily trained around fire safety. Ms. Horsley noted staff is currently looking at the permit process, and will investigate the coordination issues. Mr. Sandelin noted other agencies which tried to combine the two inspection functions developed specialist in fire, life safety, and hazardous materials. Mayor Schneiter indicated he supports all the proposed fees, except a fee for appeals. Mr. Wattenburger noted he would prefer to see smaller increases proposed more often. Mr. Rapport noted it is required that the proposed fees reflect the cost for providing the service, and Mr. Sprehn has based his fees accordingly. Ms. Horsley advised that staff is trying to bring all City fees up to date. She further advised that staff has no strong feelings about the appeal hearing fee, it was brought forward because of the high cost of their first appeal hearing. M/S VVattenburger/Mastin to adopt Resolution No. 96-65, Adjusting Fire Prevention Fee Schedule, with the deletion of the Fire Code Board of Appeal fee, carried by the following roll call vote: AYES: Regular Meeting - May 15, 1996 Page 3 Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 8b. Adoption of Resolution Approving Lease and Sub-Lease Agreements to Refinance Greater Ukiah Senior Center Offices Mr. Rapport reported that the Senior Citizen Center has found an excellent financing mechanism, saving 2% per year, for their buildings. This will provide them with a lower monthly cost as well as providing additional funds. The proper public notice was given and the resolution authorizes the City Manager or Mayor to sign the necessary documents. He noted the City is basically facilitating this financing and the lender is obligated to look exclusively at the Senior Center in case of default. The lender is one of the current lenders and it wants to take on the entire mortgage at this time. Public Hearing Opened - 7:49 p.m. Terr Willis, Executive Director of Senior Center, advised Coundl that the Senior Center Board approved the financing package. She added that it will save the seniors a lot of money, will not cost the City anything, and requested the Council adopt the resolution. Public Hearing Closed - 7:50 p.m. MIS Malone/Shoemaker to adopt Resolution No. 96-66 Approving the Lease-Purchase Agreement and Sublease Purchase Agreement to Refinance the Acquisition of Buildings for the Greater Ukiah Senior Center, Inc., carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 10. lOa. NEW BUSINESS Selection of Alternate Board Member to the Redwood Empire Municipal Insurance Fund (REMIF) Ms. Horsley advised an altemate Board member must be appointed to the REMIF Board, since she was the alternate prior to taking the position of City Manager. She recommended she be designated the Board member, and that Michael Harris, Assistant City Manager, be appointed as the alternate. She advised there is valuable training associated with the appointment of Mr. Harris. MIS Shoemaker/Malone to appoint Candace Horsley the REMIF Board member and Michael Harris the altemate, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. 10b. Discussion Regarding City Treasurer Position and Appointment of Interim City Treasurer Ms. Horsley explained that the City Council appointed Treasurer, Patrick Coyne, has moved out of the City limits and under Government Code Section 36502 is no longer eligible to serve as the City of Ukiah Treasurer. She explained the two actions of Council this evening are to appoint a Treasurer to fill the vacancy until the November election, and authorize a strategy for investment services. The Treasurer appointment can be filled by a member of public, staff, or a Councilmember as long as the appointee is a City resident. If the Council decides to appoint a Councilmember, they can do so tonight or direct staff to do a recruitment. Staff also recommends that the appointed Treasurer be the Chair of the oversight committee, which will be considered by the Council in the June meeting. The City's investments should be managed by an investment advisor. Patrick Coyne has proactively provided the City with investment services since his appointment and he has offered to continue to do so on a consultant basis for $2,083.33 per month, but only if his contract is through February 1997. Attached to the report is the proposed professional services contract and a comparison chart of the portfolio, which reflect the portfolio's increases. She explained other alternatives for Council include hiring an investment advisor on a month-to-month basis until an investment advisor is selected through the RFP process, or contract with an advisor until the November election, when a new Treasurer will be elected. Mayor Schneiter requested Council's input on the professional services contract. Commissioner Malone indicated the City has a process in place that if a contract amount exceeds $5,000 we must go out to bid. He also would like to check whether it is appropriate for a departing elected official to immediately solicit consulting services from the City. Additionally, he feels that the City Treasurer and City Clerk are not generally spokespeople for the City, and does not appreciate the characterizations stated about how the City does business and noted his interest is in severing this relationship at this point. Mr. Wattenburger noted his preference would be to hire an investment advisor on a month-to-month basis, with personal input on an overlap basis until an investment advisor is selected through the RFP process. He feels the continuity is important. Mr. Coyne advised the City still has $6 million in derivatives that need to be dealt with, and there are Regular Meeting - May 15, 1996 Page 4 another $7 million that should be better diversified to have the opportunity to earn another 1%. He explained he has taken the treasurer's office from a non-computerized treasury office to a fully computerized office generating all the appropriate cash flow and performance reports. Mr. Shoemaker noted that on a technical basis, Mr. Coyne has done an excellent job and it is unfortunate that the political realm has entered into the position, and that the high level of professionalism did not occur that is necessary with the position. A motion by Wattenburger to enter into a professional services contract as outlined in the staff report, died for lack of a second. MIS WattenburgedSchneiter to enter into a professional services contract with Coyne and Associates as an investment advisor on a month-to-month basis until a permanent investment advisor is selected through an RFP process. Councilmember Wattenburger and Mayor Schneiter withdrew their motion. M/S Wattenburger/Schneiter to approve the proposed contract with Patrick Coyne as originally proposed, failed by the following roll call vote: AYES: Councilmembers Wattenburger and Mayor Schneiter. NOES: Councilmembers Mastin, Malone, and Shoemaker. ABSTAIN: None. ABSENT: None. Mayor Schneiter noted motion failed three to two. He further advised there are other companies that have indicated a willingness to work on a month-to-month basis. M/S Malone/Mastin to instruct City Manager to pursue a month-to-month basis contract for managing the City's portfolio, carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. Mr. Rapport indicated if there is an immediate need, and not enough time to go out for an RFP, Council is not required to go through the formal bidding process, especially on a month-to-month basis. Ms. Horsley explained there is an RFP for investment services being prepared. Mr. Rapport noted there is an immediate need for portfolio management until the RFP is completed. MIS Wattenburger/Shoemaker to appoint Mayor Fred Schneiter to fill the remainder of the term of the City Treasurer effective May 15, 1996, carried by the following roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Schneiter advised signature cards and other documents will need to be completed immediately. Recess: 8:19 p.m. Reconvened - 8:25 p.m. 10e. Discussion of City/Chamber of Commerce Activities Since individuals in the audience were in attendance for the Chamber of Commerce item, Mayor Schneiter moved consideration of item 10e to this time. John Bogner, Greater Ukiah Chamber of Commerce Board Chair, explained the Chamber's philosophy and activities. Jim Mayfield, Chamber of Commerce Board member, noted the City has been a key member of the Chamber through funding, and the Chamber is discussing with its members what they would like to see the Chamber do for the citizens of Ukiah. He explained some of the things the Chamber participates in including economic development activities, development of the railroad center, the Fourth of July Celebration, and PumpkinFest. He asked what direction the City would like to see the Chamber take in the future. Mayor Schneiter explained the City's history with the Chamber the 10 years he has been on the Council. Discussion followed relative to the Chamber recruiting a new Director with the intent to have the position filled by mid to late June. They are looking for a combination of high energy and marketing ability. They anticipate focusing on fewer projects and doing those projects well, rather than spreading their resources too thin over too many projects. Mr. Malone noted toudst activities create an enormous drain on Chamber staff, and they are attempting to get more local tourist-type businesses involved in the Chamber. Mayor Schneiter advised he would like to see some kind of promotion that addresses the City's facilities and events. Regular Meeting - May 15, 1996 Page 5 Discussion followed relative to a change in philosophy of the Chamber and what it would be like to not have a Chamber of Commerce in the community. Mr. Shoemaker noted some type of summer parade would be nice, and suggested the Chamber not duplicate services other agencies are providing. Discussion was had relative to the need for the Chamber to be open on Saturdays and the need to create a volunteer network. Activities surrounding the train depot were discussed further, and it was noted that it has been beneficial for the Board to not have a Director because there is now a level of awareness that was not present before. Monte Hill, 1308 W. Clay Street, explained the fireworks is a very expensive event and the Chamber is very thankful to get the sponsors involved, however, even the sponsorships did not entirely cover the event last year and requested special consideration for this program. Discussion followed relative to the Chamber taking the information received from Council to the Board and that they will return for further discussions. 10c. Introduction of Ordinance Amendinq Section 3704.6 of the Ukiah City Code, Sewer Re.qulation~ Public Utilities Director Barnes advised staff is proposing an amendment to City Code section 3704.6 dealing with sewer laterals that are lower than grade. Currently the code requires that any sewer laterals that must be pumped into the City system must utilize a manhole. Staff believes this current code is too restrictive and there are many instances where it is not required. The code should be amended to provide staff more flexibility in making the necessary determinations. It was noted that "Engineer" and "Yoast" are misspelled in the ordinance. MIS Shoemaker/Malone to introduce by title only the Ordinance Amending Section 3704.6 of the Ukiah City Code, as amended, carried by an all aye vote. Deputy City Clerk Yoast read the Ordinance by title only. MIS ShoemakerNVattenburger to introduce the Ordinance Amending Section 3704.6 of the Ukiah City Code, as amended, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 10d. Adopt Resolution Accepting Certain Real Properties from the Ukiah Redevelopment Aqenc¥ Assistant Redevelopment Director DeKnoblough explained redevelopment law provides for the Redevelopment Agency to acquire and improve properties, contingent upon approval and consent of the City Council within the jurisdiction in which the Agency exists. In providing consent, the Council must make findings as outlined in the staff report. The three public improvement projects which the Agency has completed and desires to convey to the City of Ukiah are the Ukiah Valley Conference Center, Assessor's Parcel No. 002-261-09; Oak Street parking facility, Assessor's Parcel Nos. 002-262- 04 and 05; and the Alex R. Thomas, Jr. Plaza, Assessor's Parcel No. 002-265-08. There are a total of four parcels and it is appropriate to convey them to the City at this time. MIS Malone/Mastin to approve Res. No. 96-67 Accepting Certain Real Properties from the Ukiah Redevelopment Agency, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 10f. Award of Bid for Annual Diesel Products at Various Locations of City Facilities Nora Kennedy, Purchasing and Warehouse Supervisor, advised four bids were sent out and all four bids were returned. Three of the suppliers returned bids that resulted in a tie bid. Staff is recommending award to Rinehart Oil because they are the current provider with good performance. The City Council may also select one of three by some other method. Discussion followed relative to all of the bidders having locations within the City limits, and staying with the contractor who has worked well for the City in the past. MIS Malone/Wattenburger to award bid for annual diesel fuel products at various locations of City facilities to Rinehart Oil, Inc. in the amount of unit mark-up price of $. 10 per gallon over weekly OPIS Base for San Francisco Bay area, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, VVattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: None. 10g. Acceptance of Resignation of City Clerk Effective May 24, 1996 Regular Meeting - May 15, 1996 Page 6 Mr. Malone made a motion to accept the resignation letter, without the medical leave statement. Mr. Rapport explained he does not agree that the City Clerk has a right to take sick leave so Council can accept the letter to the extent that it states she is resigning and the effective date. Mayor Schneiter noted elected officials do not receive sick leave, and questioned whether there is any exposure by accepting the letter as written. Mr. Rapport indicated there is not. Mr. Malone withdrew his motion, as he did not want to give credence to the medical leave statement. MIS Schneiter/Mastin to accept the resignation of the City Clerk, effective May 24, 1996, carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: Councilmember Malone. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL/REPORT.~ Mr. Mastin indicated it was nice to see almost 200 people enjoying Ukiah while attending the CalACT Conference. He also advised he may be late to the June 5 meeting, as he has a tentative meeting of EDFC in Point Arena that day. Mr. Malone stated there will be a Scoutarama on the front lawn of the Civic Center this Saturday and next Friday, May 24, Main Street is having their annual wine tasting event. He advised he had been appointed to the Board of the North Coast Rail Authority, and this appointment creates a conflict with his SunHouse Guild appointment, as they are on the same day. He advised on June 14, 15, and 16 there will be an excursion ribbon cutting on the rail line. It will stop in Ukiah on Sunday, June 16, and Council will be receiving invitations for a ride. Mr. Wattenburger advised he attended the LAFCO meeting. They approved a resolution to increase the size of LAFCO by two members, one to represent the coastal zone and one from the inland zone. Also, next year's contract with Executive Director is going out to bid, which is being drafted by the LAFCO sub-committee members. The last issue was a discussion on the Eel River. He advised he also will be late to both June meetings due to scheduling conflicts. Mr. Shoemaker expressed his hope that the two Councilmembers who will be at the City after November are paying attention to the valuable information coming out of the League of California Cities. He noted he and his children took a ride on the trolley during the CalACT Conference. Further, the Hazmobile of MSWMA is a great success in this valley, Lake county, and on the coast. It will be advertised in the paper, or you can call the recycling hotline for dates and locations. He reported MCOG met, as well as MSWMA. MSWMA tried to take the last step to buy the property, but did not; they will meet on May 23 to finalize the finance package. Mayor Schneiter noted the ad-hoc committee for the Inland Water and Power Commission met and the current four members representing the Russian River Flood Control District, Potter Valley, Mendocino County Water Agency, and the City of Ukiah, were in attendance. The County suggested they have a floating fifth member until Redwood Valley joined at a later time. The four members preferred an at- large fifth member appointed by the members, as opposed to a fifth member appointed by the Board of Supervisors. The next meeting is May 23. The sub-committee may provide the next draft for Council's review. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS Ms. Horsley advised Don Denham's retirement party is taking place Friday night. There is also the opening reception at the Oakland Museum for the "Remember Your Relations" exhibit. The SunHouse Director will represent the City. She also advised the City received a letter from Mike Scannell regarding the Fifth Annual Economic Development Institute, and she distributed "rsvp" information to Council. 13. CLOSED SESSION (None) 14. ADJOURNMENT There being no further business, the meeting was adjourned at 9:31 p.m. 4:CC:Mn51596 Karen Yoast, Deputy City Clerk Regular Meeting - May 15, 1996 Page 7 CITY OF UK/AH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 5, 1996 6:30 p.m. le e . Roll Call Invocation/Pledge of Allegiance Approval of Minutes I. Regular Meeting of May 15, 1996 RIGHT TO APPE^I. 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. Adoption of Ordinance Amending Section 3704.6 of the Ukiah City Code, Sewer Regulations. b. Award of Bid to Southwest Power Incorporated, in the Amount of $10,489.05, for 10,000 Feet of 4/0 Triplex Cable. c. Award of Bid to Western States Electric, in the Amount of $14,797.28, for one 1,000 KVA, Transformer. d. Adopt Resolution Adopting Schedule of Fees and Rates for Garbage and Recycling Collection Service. e. Report Regarding Commission Terms Expiring June 30, 1996 f. Deny Claim from Richard Howard and Refer to Insurance Carrier, REMIF g. Deny Claims from Billy Mack Clark, on behalf of Ashley Nichole Clark, Billy Mack Clark, and Carol Whitcombe, and Refer to Insurance Carrier, REMIF h. Approval of Investment Advisory Services with Public Financial Management, Inc. The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request e . .. . 10. 11. 12. 13. AUDIENCE COMMENTS ON NON-AGENDA ITEM~e 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 n.m a. Introduction of Ordinance Amending the Airport Industrial Park Planned Development b. Adoption of Resolution Establishing Rental Fees for Alex R. Thomas, Jr. Plaza and Adopt Vendor Use Guidelines UNFINISHED BUSINESS a. Appointment to Fill the Unexpired Term of City Clerk b. Adoption of Resolution Establishing Investment Oversight Committee c. Discussion Regarding Council Appointments/Sunhouse Guild NEW BUSINESS a. Discussion and Determination Regarding GIS System b. Introduction of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code c. Approve Budget Amendment in the Amount of $6,000 for Replacement of Heating and Air Conditioning Unit in Golf Course Clubhouse CITY COUNCI1,/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. Pursuant to G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation (Ashoff, et al vs. City of Ukiah) ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request ITEM NO. ~ DATE: JUNE 5, 1996 AGENDA :SUMMARY REPORT SUBJECT: ADOPT ORDINANCE AMENDING SECTION 3704.6 OF THE UKIAH CITY CODE On May 15, 1996 the City Council unanimously introduced the ordinance amending section 3704.6 of the Ukiah City Code regarding manholes. The ordinance is now ready for adoption. Because of its unanimous introduction, the item is appropriate for the Consent Calendar. Staff recommends adoption of the ordinance. RECOMMENDED ACTION: Adopt ordinance amending Ukiah City Code Section 3704.6, Manholes. 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 Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Ordinance for adoption, page 1. Can~ace'H0rsley, ~-itY/Manager mfh:asrcc 6596manhole ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 3704.6 OF THE UKIAH CITY CODE REGULATING SEWER LATERALS. The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Ukiah City Code Section 3704.6 is hereby amended to read as follows: §3704.6: SEWER TOO LOW: In all buildings in which any building sewer lateral is too low to permit gravity flow to the public sewer, sanitary sewage carried by such a building lateral shall be lifted by artificial means and discharged to the public sewer at the expense of the owner. All such installations shall be approved by the City Engineer. SECTION TWO 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 May 15. 1996, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter None None Adopted on AYES: NOES: ABSENT: ,1996, by the following roll call vote: ATTEST: City Clerk By: Karen Yoast, Deputy City Clerk 4.~ccX~ewerord Fred Schneiter, Mayor ITEM NO. DATE: June 5, 1996 AGENDA SUMMARY REPORT SUBJECT: Award bid for 10,000' of 4/0 triplex cable to Southwest Power Incorporated in the amount of $10,489.05. A Request for Quotation (RFQ) for the following aluminum conductor was written to provide material for overhead and underground construction: a) 10,000' -4/0, 600V, triplex conductor The City sent an RFQ to 16 vendors and bids were received and opened on May 14, 1996. The results of the bids and any exceptions noted are listed on the attached sheet. The bids were evaluated by Staff and the low bidder for cable is as follows: a) Southwest Power Inc. $10,489.05 The bid is total cost, including tax and shipping. It is budgeted in Account No. 800-3646-420 for the 1995 - 1996 Fiscal Year. RECOMMENDED ACTION:Award bid for 10,000' of 4/0 triplex cable to Southwest Power Incorporated in the amount of $10,489.05. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and direct staff to re-issue RFQ. Acct. No. (if NOT budgeted):N/A Acct. No.: 800-3646-420 Appropriation Requested: N/A Citizen Advised: Requested by: Darryl L. Barnes, Director of Public Utilitiej Stan Bartolomei, Electrical Supervisor Prepared by: Coordinated with: Candace Horsley, City Manager Attachments: Bid results APPROVED :~..~.-~_:~ '~q mw:asrcable BID RESULTS 4/0 AWG Triolex - Southwest Power, Inc Wesco Champion Cable and Wire Gesco Graybar Champion Cable and Wire(alt)1 Herning i 10,489.05 10,682.10 10,714.28 11,537.85 11,668.80 10,188.75 12,174.05 The Okonite Company No Bid Manco No Bid Moon Assoc. No Bid Pirelli No Bid ~ - Does not meet Class 4 protection as specified ITEM NO. 5c, DATE: June 5; 1996 AGENDA SUMMARY REPORT SUBJECT: Award Bid for One 1000 KVA Transformer to Western States Electric in the Amount of $14,797.28. A Request for Quotation ( RFQ ) for one 1000 KVA transformer was written to purchase equipment for underground construction and maintenance. The City sent an RFQ to 14 vendors and 5 bids were received and opened on May 14, 1996, at 2:00 p.m. Each bid was evaluated using an equivalent cost of ownership formula as stated in the specifications. This formula calculates the transformer energy losses based on the no-load and load watt losses quoted by the vendor. The formula adjusts the vendor's bid to the actual cost of the unit over its projected life. This means that although there may be a lower bid, the cost of these losses over the life of the transformer makes the cost of ownership higher than a transformer with a higher bid. The Equivalent Cost of Ownership Summary Sheet ranks the units in descending order based on the Equivalent Cost of Ownership. The evaluated Iow equivalent cost bidder for the unit is Western States Electric at $14,797.28. Bids include total tax and delivery. The funds to purchase this transformer are budgeted and approved for Fiscal Year 1995/96 in Account No. 800-3642-420. RECOMMENDED ACTION: Award bid for one 1,000 KVA transformer to Western States Electric in the amount of $14,797.28. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject bids and direct staff to re-issue RFQ. Acct. No. (if NOT budgeted): N/A Acct. No.: 800-3642-420 Appropriation Requested: N/A Distribution Plant Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Stan Bartolomei, Electrical Supervisor Coordinated with: Candace Horsley, City Manager Attachments: 1. Bid results APPROVED: _C'~,:; R:4/CC/ASRxform Candace Horsley, City I~lanager LU II ~0 z ~ OXXm z ~ 0 0 0 0z 0 0 O0 d EoE~~o AGENDA SUMMARY ITEM NO. Sd DATE: June 5, 1996 REPORT SUBJECT: ADOPT RESOLUTION ADOPTING SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE The City's franchise agreement with Solid Wastes Systems, Inc. for the collection, transportation and disposal of garbage, refuse, and rubbish, and recycling of recyclable materials within the City of Ukiah, states that an annual adjustment will be made to the garbage and recycling collection rates using an automatic annual rate adjustment based on 75 % of the change in the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index ("CPI"), U.S. Cities Average, March to March. The increase in the Consumer Price Index from March 1995 to March 1996 was 2.8 %, creating a base increase in garbage rates of 2.1% to this figure. A .46% increase is added to cover the increased franchise and billing charges Solid Wastes Systems, Inc. will incur with the increase in gross revenue. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Adopt Resolution setting forth the Schedule of Fees and Rates for Garbage and Recycling Collection Service for the 1996/97 fiscal year. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Amend and approve revised resolution. 2. Continue item, determine additional information if needed, and give direction to Staff. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bruce McCracken, Solid Wastes Systems, Inc. Rick Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Gordon Elton, Director of Finance Candace Horsley, City Manager 1. Letter dated May 6, 1996 from Solid Wastes Systems 2. Proposed Resolution 3. Garbage Rate Calculation Comparison - 1996 4. New Rate Schedule if .05 % Deducted from Current Rate Candace Horsley, City M~anager R: 1 ~d..ANDFILL:kk ARATE53 City Council Approval of Resolution Adopting Schedule of Fees and Rates for Garbage and Recycling Collection Service June 5, 1996 Page 2 Rates should be increased to reflect a CPI adjustment of 2.56% for March 1995 to March 1996, and decreased by the 2.61% "temporary" surcharge established and made effective by the City Council on December 1, 1995, for the purpose of compensating Solid Wastes Systems for its annual CPI adjustment for the first six months (July-December, 1995). Since the difference between the current CPI adjustment due and the temporary surcharge to be eliminated effective July 1, 1996 is very small (.05 % - five hundredth of a percent), staff recommends that no rate adjustment be made to the garbage and recycling collection rates for the 1996/97 fiscal year. Based on a gross revenue amount of $1,742,053 a five hundredth of a percent difference would represent $871.00 in additional revenue beyond that of the CPI adjustment. A five hundredth of a percent difference applied to the lowest and highest residential collection rates of $3.04 (1-20 gallon can) and $89.98 (4-30 gallon cans - remote service area) would equate to a difference of $0.0015 and $0.046 in the respective rates currently charged. Refer to Attachment 3 for the Garbage Rate Calculation Comparison for 1996. Attachment 4 identifies the new rates should the .05 % deduction be made from the current rate. Staff recommends adoption of the resolution which eliminates the 2.61% temporary surcharge and identifies the annual CPI adjustment for the period March 1995 to March 1996. As noted above there will be no actual increase in the rates. Ukiah Solid Wastes has been contacted by Staff regarding the recommendation contained herein, and Mr. McCracken acknowledged an understanding of Staff's recommendation. R:I~LANDFILL ARATES.3 Solid Wastes Systems, Inc, ~rim Your P.O. Box 60 · Ukiah, CA 95482 Tel: (707) 462-8621 · Fax: (707) 462-0112 May 6, X996 Sue A. Goodrick Public Works Administrator City of Ukiah 500 Seminary Ave. Ukiah, CA 95482 Dear Sue, Item number four of our contract to collect, transport and dispose of garbage, refuse, and rubbish, and recycling of recyclable materials allows for an annual cost of living adjustment. This adjustment is equivalent to 75% of the percentage change from the previous year in the U.S. Department of Labor, Bureau of Statistics, Consumer price index, U.S. City Average, March to March. Therefore, Solid Wastes Systems formally requests an adjustment in collection rates to reflect 75% of the "CPI" change which is equivalent to 2.1%, on 3uly 1, 1996. Additionally, the City in 1995 agreed to calculate the requested adjustment in such a way as to allow Solid Wastes Systems the ability to realize the full percentage change. The City will adjust the percentage change to reflect the franchise fee. If you have any questions, please give me a call. Bruce C. i~lc r~~cken Solid Waste.~ Systems {~ Printed on Recycled Paper 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RF_SOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE FOR THE 1996/97 FISCAL YEAR WHEREAS, the City Council, under terms of its franchise agreement with Solid Wastes Systems, Inc., must adjust garbage and recycling collection fees and charges using an automatic rate adjustment based on a 75% change in the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index; and WHEREAS, the agreement further stipulates that such adjustment shall be made effective July 1; and WHEREAS, the City Council has determined that Solid Wastes Systems, Inc. is entitled to receive a net annual increase of 75 % change in CPI after billing and franchise fees are deducted; and WHEREAS, the increase in the Consumer Price Index from March 1995 to March 1996 was 2.8 %, creating a base increase in garbage rates of 2.1% to which is added a ,046 % increase to cover the increased franchise and billing charges Solid Wastes Systems, Inc. will incur with the increase in gross revenue, for an increase of 2.56 %; and WHEREAS, the 2.61% temporary surcharge on the garbage and recycling rates which was effective December 1, 1995 is no longer necessary to fulfil the City's contractual obligation to compensate Solid Wastes Systems for the delay in the effective date of the 1995 CPI adjustment, WHEREAS, the difference between the current CPI adjustment due and the temporary surcharge to be eliminated is minimal. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the /// 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 rate structure set forth in Resolution No. 96-26 for the fiscal year of 1996/97. BE IT FURTHER RESOLVED that all other contract conditions for service remain unaltered and in full effect. PASSED AND ADOPTED this day of June, 1996 by: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Sheridan Malone Interim City Clerk R:I~E$1 RATES.3 RESOLUTION NO. 96-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING REVISED SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE WHEREAS, the City Council, under terms of its franchise agreement with Solid Wastes Systems, Inc., must adjust garbage mid recycling collection fees and charges using an automatic annual rate adjustment based on a 75% change in the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index; and WHEREAS, City Council has determined that Solid Wastes Systems is entitled to receive a net annual increase of the 75% change in CPI alter billing and franchise fees are deducted; and WHEREAS, the hlcrease in the Consumer Price Index from March 1994 to March 1995 was 2.9%, creating a base increase in garbage rates of 2.1% to which is added a 0.5% increase to cover the increased franchise and billing charges Solid Wastes Systems, Inc. will incur with the increase in gross revenue, for au incrcasc of 2.6%; ami WHEREAS, the Re[use and Recycling Collection contract l'urther stipulates that prior to July 1, 1995, the City Council shall conduct a rate hearing to determine what, il' any adjustment should be made to the garbage and recycling collection r,~lcs in the third or subsequent years, taking into consideration thc annual audits ol' thc contractors operations and all oilier factors deemed relevant by thc City Council; and Wl IEREAS, thc CPI ac!jusln~c~t to garbage and recycling rates was approved with an cl'l'cctivc dalc December 1, 1995; and 'WHEREAS, a 2.61% increase to the garbage and recycling rates is necessary to tr'ulfil the City's contractual obligation to compensate Solid Wastes Systems f'rom thc period July I to the approvcd effective date of December l; and WHEREAS, yardwaste processing costs have increased from $3.12 to $3.75 per cubic yard, and residential and co~m]]erciai curbside yardwaste collection have not been charged processing Ices in thc past, but have bccn subsidized by landfill lees; and WHEREAS, City Cotu]cil has dctem]h~ed it necessary to hicrease the garbage and rccycling collection rates by 1.40% to include the cost for processing the yardwastc collected ['rom thc curbside program; and WHEREAS, the 1.40% does not reflect the total funds necessary for processing the yardwaste collected from the curbside program; and WHEREAS, the remainder of the funds necessary to offset the processing costs of yardwaste collccted from thc curbsidc program shall be taken flora the rcvcnucd gc,~crated fi'om thc increase in fi'anchisc fees that will be collected as a result of the reconm3endcd increases, and WHEREAS, the City Manager has reviewed the proposed rates and made her recommendation; and WHEREAS, the City did duly notice a public hearing and make available the City Manager's report and recommendation for public inspection, all in accordance with the requirements of the Ukiah City Code, and did consider in a public hearing the proposed rates, the recommendation of its City Manager, and all public testimony at its regular meeting of November 15, 1995. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the rate structure set forth below and made a part of this resolution. RESIDENTIAL MONTHLY RATES SERVICE CURB SERVICE MONTHLY RATE Minimum (10 gal can) $ 3.04 1-20 gal can 6.40 2-20 gal cans 15.57 3-20 gal cans 23.77 4-20 gal cans 31.98 1-30 gal can 11.51 2-30 gal cans 23.99 3-30 gal cans 36.25 4-30 gal cans 53.31 PACK.OUST 1-10 gal can 4.69 1-20 gal can 8.05 2-20 gal cans 19.51 3-20 gal cans 30.92 4-20 gal cans 42.64 1-30 gal can 14.07 2-30 gal cans 29.21 3-30 gal cans 45.26 4-30 gal cans 62.37 REMOTE AREA SERVICE (small truck (Billy Goat) run used for remote areas) 1-10 gal can 11.51 1-30 gal can 21.59 2-30 gal cans 44.35 3-30 gal cans 67.06 4-30 gal cans 89.98 MISCELLANEOUS MONTHLY RATE 1-105 gal toter $45.95 Upon proo/'ofphysical handicap, the curb rate may apply to certain residential customers even if they receive the pack-out service. COMMERCIAL MONTHLY RATES Commercial can or totter service shall be charged at residential rates shown above. The rate for one yard commercial service, (one yard bin pick-up one time per week) shall be $66.00. All other commercial monthly rates are $52.00 per yard per week. EXAMPLES OF NEW COMMERCIAL RATE: 1 yard bin - picked up 1 time per week -- 1 yard at $66.00 = $66.00 per month 2 yard bin - picked up 4 times per week = 8 yards at $52.00 = $416 per month OTHER SERVICE RATES DROP BOXES Special 3-Day Rental 3 yard box per dump Weekly - 7-Day Rental 10 yard box per dump 15 yard box per dump 20 yard box per dump 30 yard box per dtm~p 40 yard box per dump TOTAL RATE $ 93.00 $ 80.00 plus tipping fee 80.00 plus tipping fee 80.00 plus tipping fee 80.00 plus tipping fee 80.00 plus tipping fee Additional $10.00 fee for retaining drop box more than 7 days. Compactors 6 yard compactor 12 yard compactor 25 yard compactor Special Services - Call-in pickup and disposal Appliances Tires (up to 4 automobile or motorcycle sized tires on regular garbage collection route) MONTHLY RATE $232.00 350.00 569.00 $15.00 for special trip plus current disposal charge $3.10 each Tires (5 or more automobile or motorcycle sized tires, special trip) $15.00 for special trip plus current disposal charge Large truck sized tires (special trip) $15.00 for special trip plus current disposal charge Furniture and Other Items (special trip) $15.00 for special trip plus current disposal charge Locking bin $20.00 (one-time setup charge) Special sen, ice rates may be established based on the current disposal charge plus equipment and labor cost. Such rates shall be approved by the City Manager with ratification by City Council. BE IT FURTHER RESOLVED that the rate schedule adopted by this Resolution shall be effective for all bills issued on or after December 1, 1995. All prior rate schedules in conflict herewith are repealed upon the effective date of the new schedule. All other contract conditions for sen, ice remain unaltered and in full effect. PASSED AND ADOPTED this 15th day of November, 1995 by the following roll call vote: AYES: Counciimembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter NOES: None ABSENT: None ABSTAIN: None ~"~j~v~e-~ay, (~ity Cl? RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. Attachment 3 GARBAGE RATE CALCULATION 1996 Current Rate Custome Monthly Code Volume Count Rate RESIDENTIAL Curb Service Monthly Revenue Total Cost of Cost of Cost of Cost of Cost from 2.560% 0.0% 0.00% -2.61% -0.05% CPI nderfunde Green wast Delayed Combined Increase Fees Disposition Increase Increases GA1 1-10gal 357 $ 3.04 GA10 1-20gal 297 6.40 GA2 1-30gal 2531 11.51 GAll 2-209al 20 15.57 GA12 3-209al 1 23.77 GA3 2-309al 475 23.99 GA13 4-209al 1 31.98 GA4 3-309al 19 36.25 GA8 4-309al 0 53.31 1,085.28 1,900.80 29,131.81 311.40 23.77 11,395.25 31.98 688.75 27.78 $ - $ - $ (28.33) $ (0.55) 48.66 - - (49.61) (0.95) 745.77 - - (760.34) (14.57) 7.97 - - (8.13) (0.16) 0.61 - - (0.62) (0.01) 291.72 - - (297.42) (5.70) 0.82 - - (0.83) (0.01) 17.63 - - (17.98) (0.35) Pack-out Service GA20 1-10gal 7 $ 4.69 GA14 1-20gal 21 8.05 GA5 1-30gal 194 14.07 GA15 2-209al 0 19.51 GA6 2-309al 29 29.21 GA16 3-209al 0 30.92 GA17 4-209al 0 42.64 GA7 3-309al 0 45.26 GA9 4-309al 0 62.37 32.83 169.05 2,729.58 847.09 . . . 0.84 $ $ - $ (0.86) $ (0.02) 4.33 - (4.41) (0.08) 69.88 - (71.24) (1.36) 21.69 - - (22.11) (0.42) Remote Area Service (BGR - small truck service) GA74 1-10gal 1 $ 11.51 $ 11.51 GA70 1-30gal 30 21.59 647.70 GA71 2-309al 6 44.35 266.10 GA72 3-309al 0 67.06 - GA73 4-309al 0 89.98 - $ 0.29 $ - $ - $ (0.30) $ (0.01) 16.58 - - (16.90) (0.32) 6.81 - - (6.95) (0.14) Miscellaneous Service GA30 -105ga 57 $ 45.95 $ 2,619.15 TOTAL 4046 $ 51,892.05 $ 67.05 $ - $ - $ (68.36) $ (1.31) $1,328.43 $ - $ - $ (1,354.39) $ (25.96) GARATE96.XLS 5/31/96 Page 1 Sheet1 RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. Attachment 3 GARBAGE RATE CALCULATION 1996 Cost of Cost of Cost of Current 2.560% 0.0% 0.00% Rate Custome Monthly Monthly CPI nderfunde Green wast Code Volume Count Rate Revenue Increase Fees Disposition COMMERCIAL Commercial can or totter service shall be charged at residential rates shown above. 1-1yd $ 66.00 $ All other sizes: Rate peryard perweek $ 52.00 $ $ $ - $ - $ - Examples of New Commercial Rate: 1 yard bin - picked up 1 time per week = 1 yard @ $67 = $67 per month 2 yard bin - picked up 4 times per week = 8 yards @ $53 = $424 per month Cost of -2.61% Delayed Increase Total Cost from -0.05% Combined Increases - $ - - $ DROP BOXES Special 3-day rental 3 yard box per dump $ 93.00 $ - $ - $ - $ Weekly- 7-day rental 10 yard box per dump 15 yard box per dump 20 yard box per dump 30 yard box per dump 40 yard box per dump $ 80.00 $ - $ - $ - $ $ 80.00 $ $ $ - $ $ 80.00 $ $ $ - $ $ 80.00 $ - $ - $ - $ $ 8o.oo $ - $ - $ - $ Additional $10.00 fee for retaining drop box more than 7 days. Compactors 6 yard compactor $ 232.00 $ - $ - $ 12 yard compactor $ 350.00 $ - $ - $ 25 yard compactor $ 569.00 $ - $ - $ - $ - $ - $ GARATE96.XLS 5/31/96 Page 2 Sheet1 RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. Attachment 3 GARBAGE RATE CALCULATION 1996 Current Rate Custome Monthly Code Volume Count Rate Commercial customers by use code 1 106 $ 11.51 2 53 23.99 3 17 36.25 4 6 53.31 5 5 64.82 6 0 77.29 7 1 89.55 8 2 106.61 10 1 130.60 11 0 106.61 12 1 62.37 13 0 142.86 14 3 6.40 15 3 3.O4 16 0 15.57 17 1 29.21 18 0 45.26 19 1 76.44 23 1 47.97 32 1 108.74 100 - 101 28 66.10 102 128 78.36 103 72 104.48 106 0 128.47 107 1 156.72 108 2 313.43 109 1 339.55 111 1 522.39 112 1 626.87 113 0 261.19 114 1 89.98 115 1 77.61 117 1 180.22 118 2 208.96 119 1 145.20 120 1 287.31 202 42 156.72 203 41 208.96 204 0 313.43 205 4 417.91 206 1 626.87 207 0 835.82 215 1 626.87 217 1 261.19 218 0 287.31 221 0 1,410.45 224 1 1,044.78 Monthly Revenue $ 1,220.06 1,271.47 616.25 319.86 324.10 89.55 213.22 130.60 62.37 19.20 9.12 29.21 76.44 47.97 108.74 1,850.80 10,030.08 7,522.56 156.72 626.86 339.55 522.39 626.87 89.98 77.61 180.22 417.92 145.20 287.31 6,582.24 8,567.36 1,671.64 626.87 626.87 261.19 1,044.78 Cost of Cost of Cost of 2.560% 0.0% 0.00% CPI nderfunde Green wast Increase Fees Disposition $ - $ 31.23 32.55 15.78 8.19 8.30 2.29 5.46 3.34 1.60 - 0.49 0.23 . 0.75 . 1.96 1.23 2.78 . 47.38 256.77 192.58 . 4.01 16.05 8.69 13.37 16.05 . 2.30 1.99 4.61 10.70 3.72 7.36 168.51 219.32 42.79 16.05 . 16.05 6.69 - . 26.75 GARATE96.XLS 5/31/96 Page 3 Cost of -2.61% Delayed Increase Total Cost from -0.05% Combined Increases (31.84) $ (33.19) (16.08) (8.35) (8.46) (2.34) (5.57) (3.41) (1.63) - (o.5o) (0.24) - (0.76) (2.00) (1.25) (2.84) . (48.31) (261.79) (196.34) -- (4.09) (16.36) (8.86) (13.63) (16.36) . (2.35) (2.03) (4.70) (10.91) (3.79) (7.50) (171.80) (223.61) . (43.63) (16.36) . (16.36) (6.82) . . (27.27) (0.61) (0.64) (0.30) (o.16) (0.16) - (o.o5) (0.11) (o.07) . (0.03) (0.01) (0.01) (0.01) (o.o4) (o.o2) (o.o6) (0.93) (5.o2) (3.76) (o.o8) (0.31) (0.17) (0.26) (0.31) (o.o5) (o.o4) (o.o9) (0.21) (0.07) (0.14) (3.29) (4.29) (o.84) (0.31) (0.31) (0.13) - (0.52) Sheet1 RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. Attachment 3 GARBAGE RATE CALCULATION 1996 Current Rate Custome Monthly Code Volume Count Rate 225 1 835.82 302 1 235.08 303 28 313.43 304 1 835.82 305 1 470.15 306 0 548.51 307 3 626.87 308 0 1,201.49 402 1 313.43 403 10 417.91 407 1 835.82 410 1 626.87 411 0 470.15 502 1 391.79 503 1 522.39 504 2 783.58 505 1 1,828.36 523 1 1,044.78 602 2 470.15 603 6 626.87 604 0 783.58 605 1 470.15 606 1 1,253.73 607 1 1,462.69 608 2 1,880.60 615 1 2,507.47 616 0 992.54 901 1 940.30 902 0 1,880.60 903 0 1,723.88 904 0 1,567.17 905 1 1,410.45 906 1 2,194.03 950 45 45.95 960 7 91.90 970 1 57.46 980 0 1,097.02 990 0 954.16 995 1 745.20 TOTAL 659 IMONTHLY GRAND TOTAL 4705 Cost of 2.560% Monthly CPI Revenue Increase 835.82 21.40 235.08 6.02 8,776.04 224.67 835.82 21.40 470.15 12.04 . - 1,880.61 48.14 . 313.43 8.02 4,179.10 106.98 835.82 21.40 626.87 16.05 . 391.79 10.03 522.39 13.37 1,567.16 40.12 1,828.36 46.81 1,044.78 26.75 940.30 24.07 3,761.22 96.29 . 470.15 12.04 1,253.73 32.10 1,462.69 37.44 3,761.20 96.29 2,507.47 64.19 . 940.30 24.07 . 1,410.45 36.11 2,194.03 56.17 2,067.75 52.93 643.30 16.47 57.46 1.47 . . 745.20 19.08 $ 93,351.65 $145,243.70 I I $ 3,718.27 Cost of Cost of 0.0% 0.00% nderfunde Green wast Fees Total Cost of Cost from -2.61% -0.05% Delayed Combined Disposition Increase Increases - (21.81) (0.41) - (6.14) (0.12) - (229.05) (4.38) - (21.81) (0.41) - (12.27) (0.23) - - (49.08) (0.94) . - (8.18) (0.16) - (109.07) (2.09) - (21.81) (0.41) - (16.36) (0.31) . . - (10.23) (0.20) - (13.63) (0.26) - (40.90) (0.78) - (47.72) (0.91) - (27.27) (0.52) - (24.54) (0.47) - (98.17) (1.88) - - - (12.27) (0.23) - (32.72) (0.62) - (38.18) (0.74) - (98.17) (1.88) - (65.44) (1.25) . . - (24.54) (0.47) - . - (36.81) (0.70) - (57.26) (1.09) - (53.97) (1.04) - (16.79) (0.32) - (1.50) (0.03) - . - . - (19.45) (0.37) $ (2,436.47) $ (46.63) ! $ - $ - $ (3,790.86) $ (72.59)1 $ 2,389.84 $ - $ - 12 Months with increase $ 1,742,053 ANNUAL TOTAL $ 1,742,053 Total revenue increase for 12 months 44,6191$ - l* - IS (45,490)1$ I (871) I These calculations exclude the cost for drop boxes - rate code 100 GARATE96.XLS 5/31/96 Page 4 Sheet1 SCHEDULE IF .05% IS DEDUCTED FROM CURRENT RATE RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. GARBAGE RATE CALCULATION 1 Current -0.05% Rate Custome Monthly New Change Code Volume Count Rate Rate In Rate RESIDENTIAL Curb Service GA1 1-10gal 357 $ 3.04 $ 3.04 $ - GA10 1-20gal 297 6.40 6.40 - GA2 1-30gal 2531 11.51 11.50 0.01 GA11 2-20gal 20 15.57 15.56 0.01 GA12 3-20gal 1 23.77 23.76 0.01 GA3 2-30gal 475 23.99 23,98 0.01 GA13 4-20gal 1 31.98 31.96 0.02 GA4 3-30gal 19 36.25 36.23 0.02 GA8 4-30gal 0 53.31 53.28 0.03 Pack-out Service GA20 1-10gal 7 $ 4.69 $ 4.69 - GA14 1-20gal 21 8.05 8.05 - GA5 1-30gal 194 14.07 14.06 0.01 GA15 2-20gal 0 19.51 19.50 0.01 GA6 2-30gal 29 29.21 29.20 0.01 GA16 3-20gal 0 30.92 30.90 0.02 GA17 4-20gal 0 42.64 42.62 0.02 GA7 3-30gal 0 45.26 45.24 0.02 GA9 4-30gal 0 62.37 62.34 0.03 Remote Area Service (BGR - small t GA74 1-10gal 1 $ 11.51 $ 11.50 0.01 GA70 1-30gal 30 21.59 21.58 0.01 GA71 2-30gal 6 44.35 44.33 0.02 GA72 3-30gal 0 67.06 67.03 0.03 GA73 4-30gal 0 89.98 89.94 0.04 Miscellaneous Service GA30 -105ga 57 $ 45.95 $ 45.93 0.02 TOTAL 4046 Attachment 4 GARATE96.XLS 5/31/96 Sheet1 NEW RATE SCHEDULE IF .05% IS DEDUCTED FROM CURRENT RATE RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. GARBAGE RATE CALCULATION 1 Current -0.05% Rate Custome Monthly New Change Code Volume Count Rate Rate In Rate COMMERCIAL Commercial can or totter service sh 1-1yd $ 66.00 $ All other sizes: Rate peryard perweek $ 52.00 $ 66.00 52.00 Examples of New Commercial Rate: I yard bin - picked up 1 time per we 2 yard bin - picked up 4 times per w Attachment 4 DROP BOXES Special 3-day rental 3 yard box per dump $ 93.00 Weekly - 7-day rental 10 yard box per dump $ 80.00 15 yard box per dump $ 80.00 20 yard box per dump $ 80.00 30 yard box per dump $ 80.00 40 yard box per dump $ 80.00 Additional $10.00 fee for retaining dr Compactors 6 yard compactor 12 yard compactor 25 yard compactor 232.00 350.00 569.00 $ 93.00 $ 80.00 $ 80.OO $ 8O.OO $ 8O.OO $ 8O.OO $ 232.00 $ 350.00 $ 569.00 Plus tipping fee Plus tipping fee Plus tipping fee Plus tipping fee Plus tipping fee GARATE96.XLS 5/31/96 Sheet1 NEW RATE SCHEDULE IF .05% IS DEDUCTED FROM CURRENT RATE RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. GARBAGE RATE CALCULATION 1 Current Rate Custome Monthly Code Volume Count Rate Commercial customers by use code 1 106 $ 11.51 2 53 23.99 3 17 36.25 4 6 53.31 5 5 64.82 6 0 77.29 7 1 89.55 8 2 106.61 10 1 130.60 11 0 106.61 12 1 62.37 13 0 142.86 14 3 6.40 15 3 3.04 16 0 15.57 17 1 29.21 18 0 45.26 19 1 76.44 23 1 47.97 32 1 108.74 100 - 101 28 66.10 102 128 78.36 103 72 104.48 106 0 128.47 107 1 156.72 108 2 313.43 109 1 339.55 111 1 522.39 112 1 626.87 113 0 261.19 114 1 89.98 115 1 77.61 117 1 180.22 118 2 208.96 119 1 145.20 120 1 287.31 202 42 156.72 203 41 208.96 204 0 313.43 205 4 417.91 206 1 626.87 207 0 835.82 215 1 626.87 217 1 261.19 218 0 287.31 221 0 1,410.45 224 1 1,044.78 -0.05% New Change Rate In Rate $ 11.50 0.01 23.98 0.01 36.23 0.02 53.28 0.03 64.79 0.03 77.25 0.04 89.51 0.04 106.56 0.05 130.53 0.07 106.56 0.05 62.34 0.03 142.79 0.07 6.40 - 3.04 - 15.56 0.01 29.20 0.01 45.24 0.02 76.40 0.04 47.95 0.02 108.69 O.05 . 66.07 0.03 78.32 0.04 104.43 0.05 128.41 0.06 156.64 0.08 313.27 0.16 339.38 0.17 522.13 0.26 626.56 0.31 261.06 0.13 89.94 O.O4 77.57 0.04 180.13 0.09 208.86 0.10 145.13 0.07 287.17 0.14 156.64 0.08 208.86 0.10 313.27 0.16 417.70 0.21 626.56 0.31 835.40 0.42 626.56 0.31 261.06 0.13 287.17 0.14 1,409.74 0.71 1,044.26 0.52 GARATE96.XLS 5/31/96 Attachment 4 Sheet1 NEW RATE SCHEDULE IF .05% IS DEDUCTED FROM CURRENT RATE RATE INCREASE REQUESTED BY SOLID WASTE SYSTEMS, INC. · GARBAGE RATE CALCULATION 1 Rate Custome Code Volume Count 225 302 303 304 305 306 307 308 402 403 407 410 411 502 5O3 5O4 5O5 523 6O2 6O3 6O4 6O5 6O6 6O7 6O8 615 616 901 9O2 9O3 9O4 9O5 9O6 95O 96O 97O 98O 99O 995 TOTAL Current -0.05% Monthly New Change Rate Rate In Rate 1 835.82 835.40 0.42 1 235.08 234.96 0.12 28 313.43 313.27 0.16 1 835.82 835.40 0.42 1 470.15 469.91 0.24 0 548.51 548.24 0.27 3 626.87 626.56 0.31 0 1,201.49 1,200.89 0.60 1 313.43 313.27 0.16 10 417.91 417.70 0.21 1 835.82 835.40 0.42 1 626.87 626.56 0.31 0 470.15 469.91 0.24 1 391.79 391.59 0.20 1 522.39 522.13 0.26 2 783.58 783.19 0.39 1 1,828.36 1,827.45 0.91 1 1,044.78 1,044.26 0.52 2 470.15 469.91 0.24 6 626.87 626.56 0.31 0 783.58 783.19 0.39 1 470.15 469.91 0.24 1 1,253.73 1,253.10 0.63 1 1,462.69 1,461.96 0.73 2 1,880.60 1,879.66 0.94 1 2,507.47 2,506.22 1.25 0 992.54 992.04 0.50 1 940.30 939.83 0.47 0 1,880.60 1,879.66 0.94 0 1,723.88 1,723.02 0.86 0 1,567.17 1,566.39 0.78 1 1,410.45 1,409.74 0.71 1 2,194.03 2,192.93 1.10 45 45.95 45.93 0.02 7 91.90 91.85 0.05 1 57.46 57.43 0.03 0 1,097.02 1,096.47 0.55 0 954.16 953.68 0.48 1 745.20 744.83 0.37 659 IMONTHLY GRAND TOTAL 4705 Attachment 4 12 Months with increase ANNUAL TOTAL These calculations exclude the c GARATE96.XLS 5/31/96 Sheet1 ITEM NO, 5e DATE: June 5. 1996 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING COMMISSIONER TERMS EXPIRING JUNE 30, 1996 Attached for Council information is the current list of City of Ukiah Committee/Board Members and terms of office. Effective June 30, there will be two vacancies on the Airport Commission, with Commissioner McBride ineligible for another term; one vacancy on the Planning Commission; four vacancies on the Parks and Recreation Commission, with Commissioner Johnson ineligible for another term; and three vacancies on the Golf Course Committee, one of whom must be a member of the Parks & Recreation Commission, one representing the Women's Golf Club, and one publically recruited member. Per Resolution No. 95-48, adopted June 7, 1995, the Deputy City Clerk will advertise the upcoming vacancies and notify each member they must re-apply if they are interested in serving another term. The application deadline is proposed to be June 27. Council interviews for Planning Commissioner will be scheduled for a time pdor to the first meeting of July, with the appointments agendized for that same meeting. All applications will be included in the Agenda packet for the meeting at which appointments will be considered. RECOMMENDED ACTION' Council receive report regarding Commission June 30, 1996 and authorize Deputy City Clerk to advertise for vacancies. terms expiring ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Karen Yoast, Deputy City Clerk Coordinated with: Candace Horsley, City Manager Attachments: 1. Terms of City of Ukiah Board and Commission Members Candace Horsley, City Manger 4/Can:ASRTerms.96 TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS - June 5, 1996 Airport - 3 year term * - Mastin Howard Henley Ken Fowler * Matthew Froneberger Allan Hunter Bob Webb Dorleen McBride Mark Davis* Present Term Last Date Expires to Serve 6/30/97 6/30/00 6/30/98 6/30/01 6/30/98 6/30/01 6/30/98 6/30/98 6/30/98 6/30/01 6/30/96 6/30/96 6/30/96 6/30/99 Planning - 3 year tezla - Malone Eric Larson Philip Ashiku Cheryl Baker Judy Pruden John McCowen 6/30/98 6/30/01 6/30/98 6/30/01 6/30/98 6/30/01 6/30/96 6/30/02 6/30/97 6/30/03 Parks and Recreation - 3 year term * Malone Angela Hooper Allen Carter John W. Meier Susan Johnson Allan Johnson Jeffrey Anderson 6/30/98 6/30/98 6/30/98 6/30/96 6/30/96 6/30/96 6/30/98 6/30/98 6/30/98 6/30/99 6/30/96 6/30/99 Carlos Jacinto * 6/30/96 6/30/99 · Two Commissioners May Reside Within City's Sphere of Influence Civil Service Board - 4 year term Albert Beltrami (reappointed by Council 9/6/95) Gary Bruchler (reappointed by Council 9/95) Dan Saylor (appointed by two other members) City Representative on the Library Advisory Commissior Ann Fatch 6/30/92 Cultural Arts Advisory Board - Wa~enburqer Currently Inactive Golf Course Committee - 2 year ter~- Allan Johnson - Parks and Recreation Perry Ramsey - Public Member Don Rones, Sr. - Public Member Betty Bassler - Women's Golf Club Don Crawford - Men's Golf Club 6/30/97 6/30/97 6/30/96 6/30/96 6/30/97 Demolition Permit Review Committee - 2 year term Thom Parducci - Design Review Comm Chr. 6/30/97 Clif Shepard - Building Official 6/30/97 M. Guintoli resigned 9/94 - Hist. Soc. 6/30/95 Judy Pruden - Resident 6/30/97 Director of Public Works/City Engineer 6/30/97 6/30/97 6/30/98 6/30/98 6/30/99 6/30/97 6/30/97 6/30/97 6/30/97 7.'termslO ITEM NO. 5f DATE: JUNE 5, 1996 AGENDA SUMMARY REPORT SUBJECT: DENY CLAIM FOR DAMAGES RECEIVED FROM RICHARD HOWARD, AND REFER TO CITY INSURANCE CARRIER, REMIF The claim from Richard Howard was received by the City of Ukiah on April 29, 1996 and alleges damages related to a leaking roof at 295 North Main Street in December 1994 and on subsequent dates. Pursuant to City policy it is recommended the City Council deny the claim and refer it to REMIF, the City of Ukiah's insurance carrier. RECOMMENDED ACTION: Deny Claim for Damages received from Richard Howard and Refer It 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 Claimant Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Claim of Richard Howard, pages 1-13. APPROVE~~---~ ~t.~--',~, ~.~. Candace Horsley, Cit~\Manager mfh:asrcc 6596CLAIM ..." ) I CLAIM AGAINST A PUBLIC ENTITY TO: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 · RICHARD HOWARD hereby amends his claim of March 8, 1996, and makes claim against the City of Ukiah, its employees, officers, agents, and assigns, for a continuing and ongoing loss as described below. Claimant's is currently able to compute his losses to December 31, 1995, which total $41.312. Claimant makes the following statements in support of the claim: 1. Claimant's address is: 295 N. Main Street Ukiah, CA 95482 2. Notices concerning the claim should be sent to the claimant at the offices of Mason & Morrison, 104 N. School Street, Ukiah, California 95482. 3. The date and place of the occurrence giving rise to the claim are: Claimant is the owner of a business known as Howard Cleaners, located at 295 North Main Street, Ukiah, California. This is a continuing loss caused by a leaking roof during the rainstorms of December 1994 through and including December 1995. Claimant leases his building from the City of Ukiah. Pursuant to this lease agreement, the City was, and is, required to maintain the structure in a safe and habitable condition. Claimant claims losses for damage incurred during and as a result of each rainstorm from December 1, 1994, through and including December 31, 1995. Said rainstorms are documented in the Record of Climatological Observations compiled by the Federal Aviation Administration at Ukiah Airport, Ukiah, California, which records for the time period described above are attached hereto as Exhibit "A" and incorporated herein by reference. 4. The circumstances giving rise to this claim are as follows: Claimant contends that the City of Ukiah was negligent in maintaining the structure known as 295 North Main Street, Ukiah, California, and allowed the building to deteriorate to such a condition that the damage from rainstorms of December 1, 1994, through December 31, 1995, inclusive, have dramatically impacted on the ability of Howard Cleaners to do business. Large pieces of the ceiling have fallen, causing damage to equipment. The deterioration of the roof and ceiling has allowed for significant water damage to equipment necessary to the business, as well as loss of business, loss of the use of a portion of the building, and damage to customers' belongings. 5. Claimant contends that he is suffering a continuing loss, which losses he is currently able to compute through December 31, 1995, and totals $41,392. These losses include claims for lost machinery, lost business, lost workplace material, and loss of use of portions of the building. The total amount of the above claim shall be provided to the City when available. 6. The name of the public employee or employees on duty or present at the time of claimant's losses is unknown to claimant. 7. All of these conditions were known or should have been known to the City of Ukiah in that this has been a recurring problem, and the City paid a partial claim to Claimant's insured for minor damages incurred during the winter of 1994. The City was aware of the temporary nature of their repair at that time, as well as the deteriorating condition of the roof. The conditions dramatically worsened, resulting in the aforementioned losses, which as of December 31, 1995 total $41,392. 8. As stated above, Claimant contends that this is a continual loss and as such, no final dollar amount has been determined as yet. Losses to date are computed as follows: Repair of Equipment: Claimant requested repair estimates from the two business known to him to offer the needed repair services. Claimant received responsive estimates from one: Executive Services (laundry and dry cleaning rebuilders) 3500 Tacheva Drive, Suite C Palm Springs, CA 92262 800-842-9661 Claimant claims damage to 15 separate machines for a total loss of $24,820, plus $2,000 travel time, for a total loss of $26,820. These amounts are to install rebuilt machines and take claimant's damaged ones in exchange, which claimant is advised would be cheaper than repairing his machines in place. An itemized list of the damaged machines and the amount estimated for their replacement is attached hereto as Exhibit "B" and incorporated herein by reference. Loss of Business: Claimant has lost business as a result of the dilapidated appearance of the building resulting from the leaking roof and resulting damage, which dilapidated appearance is evidenced by a piece of plywood nailed over a window that from the outside makes the building look deserted and a general air of neglect and disrepair inside the building from water stains, the removal of carpets and, at times, very slow repair work in progress. Claimant estimates his loss of business for the year 1995 as follows: Claimant's income tax records for 1990 through 1993, before claimant began to suffer a loss from the damage caused by the leaking roof, show an average of $95,707 in business annually. Claimant's total business for 1995 was $82,295, a loss of $13,412 from his average for the pre- damage period of 1990-1993. Loss of Use of the Building: Claimant contends that approximately 25-30 per cent of the building is unusable due to the leaking roof and the resulting damage therefrom. Claimant pays rent of $360 per month. Computing 25 per cent of $360 per month for 13 months from December 1, 1994, through December 31, 1995, comes to a loss of use of the building of $1,160. Recap of Total Loss to December 31, 1995: Cost of Repairs to Equipment ....... $26,820 Loss of Business 1995 -- 13,412 Loss of Use of the Building- 1,160 Total Loss to Date ....... $41,392 Dated: April ~-~, 1996. O HY/J./ 6 ZSON Attorn~/or Claimant .z p .~ .m DATE 0 Rein, snow, etc. (/n~. end hund~e~Yh~) Snow. ~ ~ie=, Snow, ice pellets. ground (/n~.) Fog Ice Pellets Damaging Winds Time of observation if different from Ibove CONDITION TENDENCY m 0 133 m :33 o Z Z1'_~ >m~ m~ >~o_0 Exhibit II A II o aa '.n ~o.e ~ o ~ Rain, moltod snow, itc. (/ns. ar~ hul'~lraolh$) Snow. ice pellets. (ins. an~ tanth~) Snow, ~Ce peliets. hail. ice on ground (ins.) Time of observation if clifferent from above CONDITION TENDENCY z · (~ snow. ItC. (Ins. -,~ hail, iCl On ..... .,ou~ ~,,,,.~ .... ,. _ ,- .. ~-:. - ~ ~- _ _ ~ - ': + -- ~oi~ ........ . + ......... . . ~:__~ : .- ,-+ ........ . ~ e .... , _ _ ' ~ce ~ ~ ~ ' - Pel. Ice Glaze T~I Thunder W~s Win~S ~me of 0bsewllion di~erent trom INVe CONDITION ,~ ~ r ~' I .o~ . - ~' -- A ground . ~-,-_ ............ ~* ..... . ~- ~ ,~.~ . ~_ ...... · m ~ D,m. O.m.~ ~ ~ 0 % ~me of obse~alion if Cmerenl from a~ve ~ 0 CONDITION TENDENCY Z ~ ~ o ~ ~ z~m ~0~ ~ ~ mzm ~ ~ ~', · .... ~0 Hail ~ ' m w'~s Time of ai.erent trom ~e ~- 0 ~ · .- z 0 z ~ 0 ~ 0 ~m~ ~m ~o~ mzm --.~~. ~ o grounO (Ins ~-~ -~-~-~ ~ ---~-~--- ~ . ~_ - _ ~~ ~ .. _+ _~ _~ _ _~ ~ .- ~ -. ~ ,. ~ ° ~ --- W ~t "-~ ~ ----- ~ ~ ~ ~> ~ ~ _ _ . ~ _ _,_ ~ ~ ~ ~ ~ ....... ;-~ ' ;---*+~- ~ ~ ..... q- ' .-2 - ~ - - ..... " -........ " _..2 .... ,- -- ~-- ~ ~ ~ ~ ~ -- ~ ...... ~ -- ,~ ~--, Glaze Glaze T~. Thunder Hail Hail Dam Damaging ~ ~me of observation CONDITION TENDENCY ~ . ~' DATE o ~ o Rain. melled snow, etc. (ins. an~ hun~reclths) Snow, ~ce pellets. (ins. anE tenths) Snow. ice pellets. hail. ice on ground (Ins.) Fog Ice Pellets Glaze Thunder Time of observation if diflarenl from above CONDITION TENDENCY 8 u) m z >o_~ 0'~ r--n m rn~m ,, -~E - lC> . . . ...... ,t.~ ~ (~)~o~ ~ ~!~a,o:~~aOc)° ~t)~.o~oo,,~C)  sno,,, ice ~.ets. (~ c~(~ 0 0 0 ~ o ~3 c> ~ 0 ~,O,c:) 0 00 %0 0 ~ q~ cs ~ a 0 ~.,,.,,o, ~ ~ ~' ~ ~ ........ ii ~ ...... - )el ' Ice Pellets ~laze; Glaze winos W~nas ~me of obse~alion ~iflerem from co.omo. .  TENDENCY _ , ' ~ -- ~:~ ~ ~1~14 ~ ~ ~ ~ , ~ ~1~1~1~ ~ -- ~1~1~ -- ~:~ -- ~ ~- ~1~1-- --,~ ~ 4 ~ ~IWI~I~ ~ -- ~t+1+ -- ~ '% ~ Glaze . w,... I I W,n.. ~ 0 J J Time of obse~ation 0 z /I 0 / J ~ < ~o~ ' ~ ~8 mm~ <~ ~ mog mZ DAMAGE TO EQU-IPME~ FROM SERIOUS ROOF LEAKS: 1995 THRU JAN. 1996 PRICE QUOTE FROM EXECUTIVE SERVICES LAUNDRY AND DRY CLEANING REBUILDERS. DRY CLEANING MACHINE 2000.00 AJAX SNGL. BUCK UNIT, SLVK & TRI/HEAD (3 PCS.) 40O0.O0 AJAX UTILITY, AUTO, AIR SEVERAL 2,975.00 AJAX LEGGER , AUTO, AIR 3,450.00 CISSELL PANTS TOPPER 1,350.00 CISSELL SUZY, TIMER UPGRADE (SEVERAL) 1,350.00 CISSELL GLOVER 1,350.00 CISSELL PUFF IORNS 495.00 SPEEDAIRE 80-GAL. TANK, 5 HP, 2 STAGE COMPRESSOR 1,350.00 REMA RP5 VACUUM 850.00 CISSELL SPOTTING BOARDS 1,250.00 BOILER CONTROLS 500.00 CASH REGISTER 1, 500.00 - PANTEX 45 INCH ULIL1TY PRESS 1,200.00 HOFFMAN 42 INCH ULILITY PRESS 1,200.00 TOTAL 24820.00 .9, d°a '''~ Exhibit "B II ITEM NO. 5g DATE: JUNE 5. 1996 AGENDA SUMMARY REPORT SUBJECT: DENY CLAIMS FOR DAMAGES RECEIVED FROM BILLY MACK CLARK, ON BEHALF OF ASHLEY NICOLE CLARK, BILLY MACK CLARK, AND CAROL WHITCOMBE, AND REFER TO CITY INSURANCE CARRIER, REMIF The claims from Billy Mack Clark, on behalf of Ashley Nicole Clark, Billy Mack Clark, and Carol Whitcombe were received by the City of Ukiah on May 13, 1996 and allege damages from a fire on December 26, 1995 at 670 Sidnie Street. Pursuant to City policy it is recommended the City Council deny the claims and refer them to REMIF, the City of Ukiah's insurance carrier. RECOMMENDED ACTION: Deny Claims for Damages received from Billy Mack Clark, on behalf of Ashley Nicole Clark, Billy Mack Clark, and Carol Whitcombe, 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 Claimant ~ Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Claims of Billy Mack Clark, on behalf of Ashley Nicole Clark, Billy Mack Clark, and Carol Whitcombe, pages 1-6. APPROVED: L~.....~..~' ~~ ~ ~--~ Candace H°r~ley, City M~.nager mfh:asrcc 6596CLAIM2 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf. RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 1. CLAIMANT;S NAME: Ashley Nicole Clark, a minor , CLAIMANT'S ADDRESS: cio Billy Mack Clark P.O. Box 845, Ukiah, California 95482 Home Phone: (707) 462-7856 . NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different than above):William B. Phillips, Attorney at Law, P.O. Box 1868, Healdsburg, California 95448, (707) 431-2277 and Joseph Kouri, Attorney at Law, 1290 Page Mill Road, First Floor, Palo Alto, California, 94304 (415) 812-8191 4. DATE OF THE ACCIDENT'OR OCCURRENCE: On or about December 26, 1995 5. PLACE OF THE ACCIDENT OR OCCURRENCE: 670 Sidnie Street, Ukiah, California 95482 . GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): At approximately 10:30 pm on December 26, 1995, a fire broke out at the residence located at 670 Sidnie Street, Ukiah, California 95482. The cause of the fire is still under investigation, but due to the fact the local City owned utility had turned off the power to the residence it is known that the family was using candles for light and heat. Four children perished in that fire, all of whom were the natural siblings of the claimant, Ashley Nicole Clark. At the time the children were removed from the house by the responding emergency personnel, at least two of Claimant's siblings were still alive, but due to a variety of critical mistakes, among which were insufficient personnel on scene to handle said emergency, and the fact that those emergency medical personnel who were on scene were insufficiently trained to handle said emergency, those living children had no chance of being resuscitated. This lack of response, personnel and training directly contributed to the four children failing to receive proper treatment at the scene, and ultimately to their deaths. . NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OF LOSS: Unknown at this time, but they most certainly include certain employees at the City owned utility company, the City of Ukiah Ambulance, Ukiah Valley Hospital and perhaps other individuals who are as yet undiscovered, but whose names will surface during the discovery phase of the impending lawsuit, and whose names are readily~ known and available to the City of Ukiah, but which are at this time unavailable to the Claimant. , NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS A. TELEPHONE , NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS Ti::LEPHONE A. Ukiah Valley Hospital, 75 Hospital Drive, Ukiah, California 95482 (707)462-3111 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: Claimant lost four siblings and has suffered extreme emotional and psychological trauma. 11. TOTAL AMOUNT CLAIMED: A minimum of Four Million Dollars. 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: $4,000,000.00 plus 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: May10,1996 ~'(-.~'~.,,~.~ SIGNATURE OF CLAIMANT(S) William B. Phillips on behalf of Claimant, Ashley Nicole Clark .. /? Received in City Clerk's Office this Z~'~/ day of ~'/~-../ ,1996. · S~ff^TUR~: 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 the interpretation of any law, we suggest that you seek legal counseling of your choice. NOTICE OF CLAIM AGAINST THE CITY OFUKIAH, CALIFORNIA ~ ~ .,.~. : ,.,,, ~ 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 claimant or by a person acting on his/her behalf. RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 1. CLAIMANT'S NAME: Billy Mack Clark , . CLAIMANT'S ADDRESS: P.O. Box 845, Ukiah, California 95482 Home Phone: (707) 462-7856 NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different than above):VVilliam B. Phillips, Attorney at Law, P.O. Box 1868, Healdsburg, California 95448, (707) 431-2277 and Joseph Kouri, Attorney at Law, 1290 Page Mill Road, First Floor, Palo Alto, California, 94304 (415) 812-8191 4. DATE OF THE ACCIDENT OR OCCURRENCE: On or about December 26, 1995 5. PLACE OF THE ACCIDENT OR OCCURRENCE: 670 Sidnie Street, Ukiah, California 95482 , GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): At approximately 10:30 pm on December 26, 1995, a fire broke out at the residence located at 670 Sidnie Street, Ukiah, California 95482. The cause of the fire is still under investigation, but due to the fact the local City owned utility had turned off the power to the residence it is known that the family was using candles for light and heat. Four children perished in that fire, three of whom were the natural children of the claimant, Billy Mack Clark. At the time the children were removed from the house by the responding emergency personnel, at least two of Claimant's children were still alive, but due to a variety of critical mistakes, among which were insufficient personnel on scene to handle said emergency, and the fact that those emergency medical personnel who were on scene were insufficiently trained to handle said emergency, those living children had no chance of being resuscitated. This lack of response, personnel and training directly contributed to the four children failing to receive proper treatment at the scene, and ultimately to their deaths. . NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OF LOSS: Unknown at this time, but they most certainly include certain employees at the City owned utility company, the City of Ukiah Ambulance, Ukiah Valley Hospital and perhaps other individuals who are as yet undiscovered, but whose names will surface during the discovery phase of the impending lawsuit, and whose names are readily known and available to the City of Ukiah, but which are at this time unavailable to the Claimant. NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS A. TELEPHONE . 10. 11. 12. NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE A. Ukiah Valley Hospital, 75 Hospital Drive, Ukiah, California 95482 (707)462-3111 GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: Claimant lost three of his four children. TOTAL AMOUNT CLAIMED: A minimum of Seven Million Five Hundred Thousand Dollars. 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: $7,500,000.00 plus 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' May 10, 1996 Received in City Clerk's Office this /','~~ day of SIGNATURE OF CLAIMANT(S) William B. Phillips on behalf of Claimant, Billy Mack Clark ~~.~ ,1996. SI(~:~I/ATURI~ 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 the interpretation of any law, we suggest that you seek legal counseling of your .choice. NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1,' of the Government' Code of the State of California, by the claimant or by a person acting on his/her behalf. RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 1. CLAIMANT'S NAME: Carol Whitcombe CLAIMANT'S ADDRESS: cio P.O. Box 812 Grass Valley, California 95945 Home Phone: (916) 274-7551 NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different than above):William B. Phillips, Attorney at Law, P.O. Box 1868, Healdsburg, California 95448, (707) 431-2277 and Joseph Kouri, Attorney at Law, 1290 Page Mill Road, First Floor, Palo Alto, California, 94304 (415) 812-8191 4. DATE OF THE ACCIDENT OR OCCURRENCE: On or about December 26, 1995 5. PLACE OF THE ACCIDENT OR OCCURRENCE: 670 Sidnie Street, Ukiah, California 95482 GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): At approximately 10:30 pm on December 26, 1995, a fire broke out at the residence located at 670 Sidnie Street, Ukiah, California 95482. The cause of the fire is still under investigation, but due to the fact the local City owned utility had turned off the power to the residence it is known that the family was using candles for light and heat. Four children perished in that fire, all of whom were the natural grandchildren of the claimant, Carol Whitcombe. At the time the children were removed from the house by the resPonding emergency personnel, at least two of Claimant's grandchildren were still alive, but due to a variety of critical mistakes, among which were insufficient personnel on scene to handle said emergency, and the fact that those emergency medical personnel who were on scene were insufficiently trained to handle said emergency, those living children had no chance of being resuscitated. This lack of response, personnel and training directly contributed to the four children failing to receive proper treatment at the scene, and ultimately to their deaths. . NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OF LOSS: Unknown at this time, but they most certainly include certain employees at the City owned utility company, the City of Ukiah Ambulance, Ukiah Valley Hospital and perhaps other individuals who are as yet undiscovered, but whose names will surface during the discovery phase of the impending lawsuit, and whose names are readily known and available to the City of Ukiah, but which are at this time unavailable to the Claimant. o NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS A. TELEPHONE _%- NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS 'TELEPHONE A. Ukiah Valley Hospital, 75 Hospital Drive, Ukiah, California 95482 (707)462-3111 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: Claimant lost four grandchildren and has suffered extreme emotional and psychological trauma. 11. TOTAL AMOUNT CLAIMED: A minimum of Four Million Dollars. 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: $ $4,000,000.00 plus 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: May10,1996 ~--"(--/.,--,/'~. ~ SIGNATURE OF CLAIMANT(S) William B. Phillips on behalf of Claimant, Carol Whitcombe Received in City Clerk's Office this /~_~-~ day of ~,z~_ ,1996. ::? . SI'~.~;IATU I~E ~ 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 the interpretation of any law, we suggest that you seek legal counseling of your choice. ITEM NO. 5h. DATE: June 5. 1995 AGENDA SUMMARY REPORT SUBJECT: Approval of Investment Advisory Services with Public Financial Management, Inc. The City Council directed the City Manager to pursue a month to month basis contract for managing the City's investment portfolio until an RFP for services has been developed and the formal bidding process has been completed. The City Manager contacted Nancy Jones, Managing Director of Public Financial Management, Inc., for a contract to provide investment advisory services for the interim period. PFM will provide investment management services, evaluation, advice and assistance to the City on their investment portfolio until such time as a formal RFP is sent out and a contract is awarded. Staff is recommending approval of the attached Investment Advisory Agreement between the City of Ukiah and Public Financial Management, Inc., and authorization for the City Manager to execute the agreement. RECOMMENDED ACTION: Council to approve Investment Advisory Agreement between the City of Ukiah and Public Financial Management, Inc. and authorize City Manager to execute the agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Candace Horsley, City Manager Coordinated with: Attachments: 1. Investment Advisory Agreement Candace H0rsley, City ~anager R:4/Can/a~rpfm INVESTMENT ADVISORY AGREEMENT THIS AGREEMENT, entered into as of the day of , 1996, by and between CITY OF UKIAH, a California Public Agency (hereinafter the "City"), and PUBLIC FINANCIAL MANAGEMENT, INC., a corporation with an office in San Francisco, California, (hereinafter "PFM" or the "Investment Advisor"). WITNESSETH WHEREAS, the City has funds available for investment purposes (the "Initial Funds") for which it intends to conduct a temporary investment program; and WHEREAS, the City wishes to arrange for professional cash management so as to maximize earnings from temporary investments; and WHEREAS, the City desires to avail itself of the experience, sources of information, advice, assistance and facilities available to PFM and to have PFM undertake certain duties and responsibilities and to perform certain services on behalf of the City as investment advisor, as provided herein; and WHEREAS, PFM is willing to provide such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, it is agreed as follows: 1. Services of Advisor. (a) PFM will provide investment management of the Initial Funds, and such other funds as the City may from time to time assign to PFM (collectively the "Managed Funds"). In connection therewith, PFM will provide investment research and supervision of the City's investments and conduct a continuous progrmn of investment, evaluation, and when appropriate, sale and reinvestment of the City's assets. PFM shall continuously monitor investment opportunities and evaluate investments owned by the City or available to it. (b) PFM shall furnish the City with statistical information and reports with respect to investments which the City may own. (c) PFM shall place all orders for the purchase, sale, loan, or exchange of portfolio securities for the City's account with brokers or dealers, and to that end PFM is authorized as agent of the City to give instructions to the depository designated by the City as its custodian as to deliveries of securities and payments of cash for the account of the City. The depository designated by the City shall have custody of cash, assets, and securities of the City. PFM shall not take possession of or act as custodian for the cash, securities, or other assets in the Managed Funds and shall have no responsibility in connection therewith. (d) Authorized invest~nents shall include only those investments which may from time to time be authorized by California law and written contracts or covenants entered into by the City as a part of any debt financing it may undertake and authorized by any written investment policy adopted by the City. (e) PFM shall ensure that orders are placed with reputable, qualified, and financially sound brokers/dealers. PFM shall, in a manner consistent with ensuring safety of principal, exercise due diligence in establishing and maintaining brokers/dealers qualifications and in conducting credit reviews and reviews on broker/dealer execution capabilities. PFM shall not place City orders with any broker/dealer which the City has by written notification instructed PFM to not utilize for City trades. In connection with the selection of such brokers and dealers and the placing of such orders, PFM is directed to seek for the City the most favorable execution and price. (f) PFM is prohibited from utilizing the City's transaction activities or broker/dealer commissions (soft dollars) for any research, service, or other benefit without first obtaining the City's written consent. The City may grant or withhold such consent in its sole discretion. 2. Compensation. (a) For services provided by PFM pursuant to this Agreement, the City shall pay PFM an annual fee, in monthly installments, based on the daily net assets under management at the rate of 0.15% of assets under management. At its sole option the City may increase or decrease the Managed Funds from time to time as the City deems appropriate. (b) PFM will bill the City for work completed under terms of this Agreement, said bill to include an enumeration of the average daily assets managed for the City by PFM during the billing period. The City shall pay to PFM the amount payable pursuant to this Agreement not later than on the 20th day of the month following the month during which the services for the payment of which the fee is payable were rendered. (c) If and to the extent that the City shall request PFM to render services for the City other than those to be rendered by PFM hereunder, such additional services shall be compensated separately on terms to be agreed upon between PFM and the City from time to time. 3. Expenses. (a) PFM shall furnish at its own expense all necessary administrative services, office space, equipment, clerical personnel, telephone and other communication facilities, investment advisory facilities, and executive and supervisory personnel for managing the investments. (b) Except as expressly provided otherwise herein, the City shall pay all of its own expenses including, without limitation, taxes, commissions, fees, and expenses of the City's independent auditors and legal counsel, brokerage, and other expenses connected with the execution of portfolio security transactions, insurance premiums, fees, and expenses of the custodian for all services to the City including safekeeping of funds and securities and the keeping of books and accounts. 4. Responsibility of PFM. PFM hereby represents it is a registered investment advisor under the Investment Advisors Act of 1940. PFM shall immediately notify the City if at any time during the term of the Agreement it is not so registered or if its registration is suspended. PFM agrees to perform its duties and responsibilities under the Agreement with reasonable care. PFM shall promptly notify the City in writing of any complaints or disciplinary actions filed against it, or any subsidiary or affiliate, or any investment professional employed by it, who has performed any service with respect to the City's account in the 24 preceding months, by the Securities and Exchange Commission of the United States, the New York Stock Exchange, the American Stock Exchange, the National Association of Securities Dealers, any Attorney General or any regulatory agency or authority of any state of the United States, any department or agency or authority of the Government of the United States, or any governmental agency or authority regulating securities of any country in which PFM is doing business. PFM warrants that is has delivered to the Authority, at least five business days prior to the execution of this agreement, PFM's current Securities and Exchange Commission Form ADV, Part II (PFM's disclosure statement.) The Authority acknowledges receipt of such disclosure statement at least five business days prior to the execution of this agreement. 5. Assignment. Our obligations and responsibilities as described in this letter are not assignable without the written consent of the City. 6. Conflict of Interest. The City understands that PFM performs investment advisory services for various other clients which may include investment companies and/or commingled trust funds. The City agrees that PFM may give advice or take action with respect to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the City's accounts, so long as it is the policy of PFM, to the extent practical, to allocate investment opportunities to this account over a period of time on a fair and equitable basis relative to other clients. PFM shall not have any obligation to purchase, sell or exchange for this account any security which PFM, its principals, affiliates, or employees may purchase, sell, or exchange for the account of any other client or for itself or its own accounts if, in its opinion, such transaction or investment appears to be unsuitable, impractical, or undesirable for the City's account. 7. Term. This Agreement may be terminated at any time without the payment of any penalty by the City, on not less than thirty (30) days written notice to the other party, or by PFM on not less than ninety (90) days written notice to the other party. This Agreement shall be automatically renewable on an annual basis, in all of its terms and conditions without modification, unless written Notice of Intent to Terminate is received as required by the preceding paragraph. 8. Suspensions, Complaints. PFM shall promptly notify the City in writing of any complaints or disciplinary actions filed against it, or any subsidiary or affiliate, or any investment professional employed by it who has performed any service with respect to the City's account in the 24 preceding months, by the Securities and Exchange Commission of the United States, the New York Stock Exchange, the American Stock Exchange, the National Association of Securities Dealers, any Attorney General or any regulatory agency of any state of the United States, any department or agency of the Government of the United States, or any governmental agency regulating securities of any country in which PFM is doing business. 9. Independent Contractor. PFM, its employees, officers, and representatives, shall not be deemed to be employees, agents, partners, servants, or joint venturers of the City by virtue of this Agreement or any actions or services rendered under this Agreement. PFM is an independent contractor of the City. 10. Books. PFM shall maintain appropriate records of all its activities hereunder. PFM shall report all details regarding trades executed for the Managed Funds to the City in the format, manner, and tine frame mutually agreed upon by PFM and the City. PFM shall instruct all brokers or dealers executing orders on the Managed Funds to forward the City copies of all brokerage or dealer confirmations promptly after execution of all transactions. 11. Insurance During the term of this Agreement, PFM will maintain insurance, including fidelity insurance and liability insurance, through policies of insurance or appropriate self insurance reserves, in amounts that are not less than $10,000,000 for fidelity insurance and $5,000,000 for liability insurance, and shall provide documentation and notice of such insurance in a manner and form acceptable to the City. 12. Modification. This contract shall not be changed, modified, terminated or discharged in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigns. 13. Successors and Assigns. The provisions of this Agreement shall be binding on PFM and its respective successors and assigns, provided, however, that the rights and obligations of PFM may not be assigned without the prior written consent of the City. 14. Applicable Law. This Agreement shall be construed, enforced, and administered according to the laws of the State of California. PFM and the City agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to filing a lawsuit. 15. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives as of the date set forth in the first paragraph of this Agreement. WITNESS: PUBLIC FINANCIAL MANAGEMENT, INC. BY: Name: Marty Margolis Title: Managing Director CITY OF UKIAH BY: Name: Title: AGENDA SUMMARY ITEM NO. 7a DATE: June 5, 1996 REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT SUMMARY: 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 stroet system. Staff was directed to rovise 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." (continued on page 2) NOTE: This project is quasi-legislative in nature and does not require City Council members to visit the site prior to action on the project. RECOMMENDED ACTION: Introduce by title only staff's proposed wording of the ordinance amending the Airport Industrial Park Planned Development. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not introduce the ordinance and provide direction to staff. 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. Ordinance amending the Airport Industrial Park Planned Development 2. Planning Commission Staff Report, dated May 8, 1996 3. Planning Commission Minutes, May 8, 1996 Cand~ce Horsley, City~vlanager After considerable discussion, 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 is basically indifferent to which version is most appropriate, because 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 AlP 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. Staff supports the Planning Commission's recommendation to distinguish both business parks on the map. Both "a" and "b" are included in the proposed ordinance. 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. Highway 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. ~ii~~ili~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Section Six 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 Eight 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 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 Co d. e. 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 aw 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. 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 Dw Em 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 tire-fighting and tire 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 ,, 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 w 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_clht 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. Screenin.q 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 = = aw 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 Integration 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . 3. 4. 5. 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 66 feet 44 feet Pavement 64 feet 40 feet a. travel lanes (2) 14 feet 20 feet b. left turn lane 12 feet 12 feet Curbs (both sides) 1 foot 1 foot Cul-de-sac (turn-arounds) 100 feet diameter Curb Returns Radius 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 Loading 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. 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. d. 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. Siqnage 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 m . 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 turf/lawn areas shall be discouraged in the overall landscaping plan. I. All landscaping shall be properly maintained. Orientation and Location of Buildin_~s 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 Desi_cln 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 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~ 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. 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 19 20 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 , 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: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathy McKay, City Clerk cs~ord~aip-amd4.ord 18 ., by the following roll call vote: Fred Schneiter, Mayor AIRPORT INDUSTRIAL PARK Land Use Map HIGHWAY COMMERCIAL 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" DATE: TO: FROM: SUBJECT: APPLICANT: CITY OF UKIAH PLANNING REPORT AGENDA ITEM: DATE:" 7b. 5-8-96 May 8, 1996 City of Ukiah Planning Commission . · ..- City of Ukiah Planning DePartment Airport Industrial Park Planned Development Ordinance Amendment City of Ukiah PROJECT SUMMARY: The Planned Development (PD) Ordinance for the Airport Industrial Park (AiP) is the adopted zoning that regulates growth and development within this 138 acre area. It is a zoning tool that is intended to coordinate and ensure compatible commercial, industrial and office development. On May 1, 1996, the City Council formally adopted an amended ordinance for the AlP. The amendments were reviewed and recommended for approval by the Planning Commission on March 27, 1996. In taking their action, the Council specifically did not include the Circulation Plan text or the Circulation Map, because they wanted staff to add additional language to "preserve" the concept of a southern access. Staff has prepared this language for the Planning Commission's review prior to introducing the language in the form of another ordinance amendment to the City Council. The language is presented and discussed in the Analysis section below. in addition, the Circulation Map has been revised to show the southern access road as a potential future roadway. Also, staff is again proposing to add new language to page 2 of the Ordinance, referencing the new'text discussion concerning the AlP circulation plan and Circulation Map. This project is quasi-legislative in nature and does not require City Planning Commission to visit the site prior to formulating a recommendation to the City Council. _ .-. · . o PROJECT LOCATION: The Airport Industrial Park (ALP) is located in the southern part of the City of Ukiah. It is approximately 1,350 feet wide at its northern end tapering to a point where the railroad tracks and Highway 101 intersect about 6,500 feet south of Talmage Road. It is bounded by the California Northern Railroad to the west, Highway 101 to the east, and Talmage Road to the north. DEPARTMENT RECOMMENDATION: The Planning: Department recommends that the Planning Commission recommend APPROVAL of the proposed amendments to the City Council. ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency certified an Environmental Impact Report for the buiidout of the Airport Industrial Park according to specific development assumptions and projections. Staff's proposed Ordinance amendments do not invalidate the certified EIR, because they do not increase buiidout projections or change buildout assumptions, nor do they significantly affect the analysis or conclusions regarding traffic and circulation, or other topics discussed in the documen.t. Additionally, staff's-proposed amendments do not introduce new environmental impacts not anticipated or evaluated in the EIR. ~ GENERAL PLAN DESIGNATION' Airport Industrial Park Master Plan Area ZONING DISTRICT: PD (Airport Industrial Park Planned Development) · PROJECT DESCRIPTION: Staff is proposing to amend the existing Airport Industrial Park (ALP) Planned Development Ordinance by added text describing the Circulation Plan for the AlP and adding a Circulation Plan Map to illustrate the text. STAFF ANALYSIS: To assist the Planning Commission with discussing and formulating a recommendation to the City Council concerning the proposed amendments to the AlP Planned Development Ordinance, staff has prepared the following analysis: Amendment No. 1: On page 2 of the Ordinance, staff is proposing to add a sentence referencing the new text discussion concerning the AlP 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. Amendment No. 2: On page 16, staff is proposing to add language describing the Circulation Plan for the AlP. The previous Ordinance did not include any language describing the Circulation Plan, and we have concluded that it needs to be described for the benefit of decision makers, staff, land owners, and future developers. Within the -text, the southern access road, shown on the original Specific Plan, and required as mitigation in the EIR when the AlP reaches fifty percent buildout, has been described as a future possibility that is not regarded at this time as critical for public safety of traffic circulation, but could become important in the future depending on the actual types of future development projects within the AlP. , .. The proposed new language "preserving" 'the southern access road concept reads as follows: "The southern access road concept, as envi'~;ioned 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." Amendment No. 3: Staff is proposing to add a Circulation Map, identified as Exhibit "B," to illustrate the circulation plan discussion contained in the text. This addition to the ordinance is necessary to provide a full understanding of the overall Circulation Plan for the AlP. ~ CONCLUSIONS: Staff is proposing to amend the Airport Industrial Park Planned Development ordinance to include text describing the circulation plan for the ^IP, as well as a map illustrating the street system. Based upon the above analysis, staff is able to conclude that these proposed amendments to the ordinance are reasonable and appropriate, and will enhance the future development of the Airport Industrial Park. ATTACHMENTS: . Draft revised ordinance City Council minutes, dated April 17, 1996 ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report, respectively: ~..~2t~s Sturr;p, er Bob Sawyer, P~,~ning~Dir ctor 12. 13. 14. All work within the City right-of-way shall be performed by a properly licensed Contractor with a current City of Ukiah Business License. Contractor must submit copies of proper insurance coverage (Public Liability, $1,000,000; Property Damage, $1,000,000) and current Workman's Compensation Certificate. (SC//13) An encroaclunent permit from the Public Works Department is required to"~erform~' all work wi~"~ the street right- of-way. (SC//14) Stockpiled soil shall be protected from erosion, and drainage from all disturbed and stockpiled soils shall be directed on site to a disposal location approved by the City Engineer. (SC//15) 15. 16. 17. Sewer, water, and electric service shall conform to the specifications of the City Department of Public Utility. (SC //16) :' Street improvements, including curb, gutter, sidewalk, and street trees shall be as per the City Engineer's recommendations. (SC//17) Hours of construction be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. (SC #23) 18. All conditions be completed prior to release of final inspection and issuance of use and occupancy permit. (SC//24) 19. One of the units on the parcel must be occupied by the property owner. 20. The second unit shall only be used for rental purposes. 21. The rental unit shall be limited to two (2) occupants. AYES: NOES: ABSTAIN: ABSENT: Commissioners Mc Cowen, Baker, Larson, Pruden, and Chairman Ashiku. None None None 7B. Airport lndttstrial Park (ALP) Planned Development Ordinance Amendments No, 96-10, as initiated by the City Planning Department. to amend the ord!nance to include describing the Circulation Plan for the AIP within the Text and provide a Circulation Plan Map. Senior Planner, Charles Stmnp, advised the Commission that Staff recently initiated amendments to the Airport Industrial Park Planned Development Ordinance and this Commission advanced recommendations to the City. The Council, in their deliberations, agreed with the Planning Commission's recommendation and adopted the revised Ordinance with the exception of two components, which were remanded back to Staff. 'The two components included were the text regarding the Circulation Plan and it's associated Circulation Map. Staff has now reworked that language per the direction of the Council and brought it back to the Planning Commission for review and discussion, and their recommendation to the Council. Council's specific direction was to preserve the concept of a southern access to add that to the text discussion on the Circulation Plan, and to depict it very conceptually on the Circulation Map. Staff has produced revised language, per the direction of the Council, and they have amended the map, Mr. Stump recommended the Commission discuss the proposed Circulation Plan language, conduct a public hearing, and make a recommendation to Council. Mr. Stump noted he had referenced an Attachment//2 in his Staff Report, which is the City Council minutes of April 17, 1996. Those minutes were not attached to the Staff Report due to their delay in production and approval upon the resignation of the City Clerk. MINUTES OF THE PLANNING COMMISSION Page 8 May 8, 1996 Commi~ioner Pruden stated she did not see Gary Akerstrom in the audience and wondered if the City had settled some issues with him. Mr. Stump replied Staff did have the opportunity to_~iscu~ss these propOsed amendments, or minor language changes, with Mr. Akerstrom. He asked them to recall his discussion at the last Planning Commission meeting when they were proposing to eliminate the southern access completely and Mr. Akerstrom's general opposition to it. Mr. Stump suggested it might be safe to conclude, because he is not in attendance, that he is supportive of the minor language changes to restore, at least in concept, the idea of a possible southern access some' time in the future. Comm[,~_'oner Pruden commented he may be waiting/'or City Council since the Planning Commission is only making a recommendation. Mr. Stmnp concurred, but stated Mr. Akerstrom had not expressed any anger or opposition to this language when he did have an opportunity to discuss it with him. Commissioner Larson asked how this change affects the apportioning of development fees for off-site traffic mitigations. Mr. Stmnp responded they are in the process of costing out the off-site capital improvement mitigation measures that were a part of the Airport Industrial Park's EIR. The City Engineer is putting together an AB-1600 program to accomplish that. During the discussion at the Council level on this southern access the funding mechanism for the future was discussed, as to whether it was something to be pursued. He stated the question arose as to whether or not we should factor the costs of it into the current AB-1600 program and the direction was no; if the City does decide to go ahead with a southern connection sometime in the future they would probably fund that through an Assessment District. Commissioner Larson asked if the Assessment District would be comprised of the lots that would primarily use it. Mr. Stump replied it would be a Benefit Assessment District. The area that would be included in that Benefit Assessment District would be those properties that would benefit from the southern access connection. Mr. Stump continued it would probably be the parcels within the AIP, but the City Engineer would be in charge of delineating the Benefit District. Commissioner Larson stated that looking at it from the other end, with Mr. Akerstrom not being present, he has concerns about what Mr. Akerstrom's apportioned costs of off-site improvements would be. By eliminating the southern access it seems the City's contribution, and/or lot owners in the southern half of the entire project would be contributing proportionately more to the improvements to the north of the park, or to the west of the park, than they would be if they were dependent or using an access to the south. He asked if it therefore reduces the northern property owners' share of those off-site improvements proportionately by not constructing a southern access. Mr. Stump replied that if the southern access were eliminated altogether, as Staff previously proposed, the overall costs to everybody who has a responsibility to contributing to off-site improvements would be reduced. The cost of doing that southern access including the design and construction has been estimated to be around $1 million dollars. Everybody would have to contribute to it that would benefit from it. By eliminating the access, the cost is eliminated. By preserving it, the cost is not eliminated. Mr. Stump reiterated the Council level of discussion was essentially that we will do a funding mechanism for it in the future, if and when we decide to do it. It will not be required as a part of the current off-site capital improvement program for the Airport Industrial Park. MINUTES OF TIlE PLANNING COMMISSION Page 9 May 8, 1996 Commissioner Larson commented he may never get a clear answer to his question because perhaps there isn't one. It has yet to be worked out as to who is going to pay for what, and what is actually going to happen in the way of off-site mitigations. Mr. Stump stated they know what off-site mitigation~"ar~going to be required for bUildout of the Park a~d they also know that the City Engineer is working on the AB-1600 program for those off-site capital improvement mitigations, absent the southern access route. Commissioner Mc Cowen added a minor point in regard to the map that shows the Airport Industrial Park. He stated it would be helpful to him, and perhaps others who are not familiar with the history of the project, to indicate on the map the boundaries of the Redwood Business Park and the Airport Business Park. Commissioner Pruden agreed it would be a good idea considering there are two separate EIRs on the Park. Mr. Stump stated Staff did receive the recommendation from Commissioner Mc Cowen and they think it is a good idea. Staff would be happy to do that at this Commission's direction for Council's consideration. PUBLIC HEARING OPENED: 7:44P.M. No Comments. PUBLIC HEARING CLOSED: 7:45P.M. Commissioner Baker stated she has no problem with Amendments 1 or 3, and Amendment #2 almost works. She suggested specific wording as follows: "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 specifically assumed. The southern access road, or an approved alternative road, shall be constructed when the AIP attains 50% buildout." Mr. Stump summarized that Commissioner Baker's proposed language basically confirms what the EIR says as to where we are at today with it, and Commissioner Baker is recommending to include that in the ordinance. This Commission can recommend that to the Council, though that wasn't the Council's specific direction. What they were looking for is a way to get away from the 50 % buildout requirement. It was previously a requirement for emergency services, for public safety. However, the Public Safety Department has produced an alternative way to provide emergency services to the Airport Industrial Park that would not involve the southern access road. He stated the Council was satisfied with the alternative for providing emergency access and agreed that the requirement for a southern access road is not necessary at 50% buildout. Commissioner Baker responded it is her feeling that there is a lot of concern about the traffic circulation for the Park. She stated she reads some of that concern into the recommendation by City Council for the Planning Commission to review this language. She does not think in her own mind, and in conversations she has had at the Growth Management Steering Committee with a large number of community people, that the only issue is the safety access route. She thinks the issue is the overall circulation for this Park. If it is not obtained at 50 % buildout, she does not think it will ever happen. Mr. Stump said Commissioner Baker made a good point. The EIR told us from a Traffic Engineering standpoint the southern access would not be necessary for buildout of the Park. Traffic circulation will occur adequately. As this Commission knows, there is a scale of what is "adequate". Mr. Stump discussed the differences in perception of traffic circulation in downtown Los Angeles versus in a small town like Ukiah. In the EIR the professional traffic engineers are telling us that even for Ukiah, generally, when this AIP builds out you won't need a southern access. We will be able to MINUTES OF THE PLANNING COMMISSION Page 10 May 8, 1996 tolerate worse traffic conditions than we have now. But, as Commissioner Baker points out, the perception may be that it is worse than it was when just Friedman Bros. and Wal-Mart were there. Now that we're reaching 50% buildout and we're waiting longer at a stoplight, this is unacceptable. It is a tough issue. Commissioner Baker stated she received a phone call after the approval of the Friedman Brothers' project from a resident of the neighborhood at Betty and Lorraine, south of Talmage Road. This individual had been discussing with her neighbors their common concerns that the traffic continues to increase in that neighborhood each time another business goes in there. What is most clearly evolving there is the types of uses are not what was anticipated when the EIR was originated. Mr. Stump responded the EIR that they certified for buildout of the Park has anticipated and assumed commercial/retail, even south of Friedman's. If the line south of Friedmans' holds, we're not going to have as much traffic as projected in the EIR. Effects on Betty and Lorraine Streets, as you will recall in the Wal-Mart EIR, were called out as potentially significant and we do know, as Commissioner Larson has indicated in the past, that the traffic counts in that area have climbed dramatically, even since Wal-Mart. The City Engineer has been monitoring that situation and is required to implement a mitigation program accordingly. Commissioner Mc Cowen stated Commissioner Baker's concerns are valid but stated if the City Council has already dealt with this issue, we are simply looking for language that preserves the concept of the southern access without being committed to it. He further stated it is good that the concept is preserved, so that in the future as buildout progresses, if the problems with traffic and circulation worsen, as they probably will, and should they reach a level that a significant number of people feel is intolerable, then there is still a possibility of getting a southern access built. To take an issue where the City Council has already made a determination, and go against it, would serve no useful purpose. Commissioner Pruden clarified City Council is asking for a recommendation, so we have that luxury tonight. Commissioner Larson stated the traffic on Lorraine Street, as of approximately one year ago had increased about 300 % since the opening of Wal-Mart. The EIR for Wal-Mart anticipated an 800 % increase with the buildout of the Park and he suspects it will be even greater than that. He observed the traffic when they first looked at some amendments to the Park a few months ago, and stated it is a race track down Lorraine Street. Mr. Larson expressed his concern that a southern access would be creating a similar situation for a neighborhood south of the Park, which was addressed in the EIR. He doesn't want any kind of access into that neighborhood until mitigations are guaranteed to preserve the quality of the neighborhood or replace it, and relocate those people, which is not even within their jurisdiction to do. On the other hand there will be congestion along Talmage Road and continuing increases in the impacts to Lorraine and Betty Streets, and Waugh Lane, which are at-risk residential areas and could, in his opinion, become slums as a result of this. It will soon be time to start looking at what can realistically be done to mitigate the traffic problems. Mr. Larson gave an example of a similar situation in his own neighborhood and is living with the results of someone putting in a conceptual arrow somewhere and never seeing it happen. Commi~ioner Pruden recommended a compromise proposal to include, as a second recommendation, Commissioner Baker's language. She suggested sending Staff's language and Commissioner Baker's recommended text on to Council so they can look at both, side by side. They may want to take a little from both, or they may want to use either/or. Commissioner Pruden stated she does not have a "no" vote against either one and stated since they have the luxury of making a recommendation, she would like to submit Commissioner Baker's language and let them make a choice on it as well. Chairman Ashiku stated he is not sure that even if a southern access was developed in the future it would solve any of the traffic problems for Lorraine and the other streets in the area, because the population mass that commutes to the Park for whatever commercial purposes mainly resides to the north of the Park. He wondered if based on peoples' driving habits, they are going to be inclined to take a southern access for departure, even though there might be less traffic. People see straight lines to the Park and even if they wait two minutes at a stop light it wouldn't seem to be an obvious advantage for them to drive south. Chairman Ashiku did not want to commit to Commissioner Baker's language because it would basically commit us to developing some type of alternative access. MINUTES OF THE PLANNING COMMISSION Page 11 May 8, 1996 Discussion followed regarding the additional language proposed by Commissioner Baker and whether or not all or part of if should be submitted to Council. Commissioner Larson asked for clarification as to whether the current Planned Development Ordinance requires the construction of this southern access at 50 % buildout. Mr. Stump stated the specific plan does not require it. The specific plan currently shows the roadway as a concept. The EIR mitigations require it at 50 % buildout. At that point the City has choices. The City could either choose to build it or it can override it saying that the impact is mitigated in another way, more specifically, the approach that the Public Safety Department has now advanced as a solution. Commi.~,~ioner Larson stated what he doesn't like is by deleting that 50% buildout factor we no longer have any point at which there's an obligation to consider a southern access route. Mr. Stump stated unless we do something to the EIR, the 50% language will be retained and we will be obligated as buildout occurs. It is not articulated in the Ordinance, but that doesn't mean that we don't have to do it. Commissioner Larson stated what gets us off the hook is a gate onto the airport runway. Mr. Stump agreed and stated when we reach 50 % buildout the Council can say this impact is mitigated by the Public Safety Department coming forward and saying this new approach solves the public safety problem, therefore we are going to override that mitigation in the EIR, it is no longer necessary. Chairman Ashiku stated his understanding is that Commissioner Baker is proposing to drop "retain as a concept only", as well as "the need for this roadway" from Staff's language. He agreed with the idea of dropping "the concept only" because it is redundant, but he said the language "the need for this roadway" is necessary. It makes it clear we aren't implying there is a need. He stated he could not support dropping "the need for this roadway" from this language. Commissioner Pruden stated she has not changed her opinion and would like to send Commissioner Baker's language on and let Council factor it in. Chairman Ashiku suggested that the Commission make a recommendation that will support Staff's language and alternative language for consideration. He then proposed making a statement that the alternative language basically was not unanimously supported, but we felt it was important that Council consider it. Commissioner Pruden MOVED to recommend to City Council the proposed Staff changes for the Airport Industrial Planned Development ordinance amendment to include alternative language as proposed by Commissioner Baker. Chairman Ashiku asked if they were going to vote on each item. Commissioner Pruden felt it was adequate to say they are passing on language proposed by Commissioner Baker with the amendment. Commissioner McCowen asked Commissioner Pruden if the motion she is formulating would be to approve Amendments #1,2 and 3, as recommended by Staff, but to include additional language proposed by Commissioner Baker for Amendment #2. He asked if Commissioner Pruden was willing to state in the motion that Commissioner Baker's language did not have the unanimous support of the Commission. Commissioner Pruden stated it will be contained in the minutes of this meeting that there was extensive discussion about it, and Council does read the minutes which will reflect we were not at full consensus, or that we wanted to substitute MINUTES OF THE PLANNING COMMISSION Page 12 May 8, 1996 Commissioner Baker's language for Staff language. A vote won't be taken on this Amendment except to recommend it. The process is to include some additional language that we have reviewed tonight. Mr, Stmnp suggested that the Commission make a motion on Staff's recommendation, then if there is support for forwarding StaWs recommendation to Council, make a second motion to also advance Commissioner Baker's language as an alternative. This way the Council can see that there were two separate motions, rather than making them work through the minutes to see if there was consensus or not. Chairman Ashiku agreed that Mr. Stump's suggested method would make it a lot cleaner and it will be clearer to Council. Commissioner Mc Cowen also asked that the maker of the motion to consider his earlier suggestions for clarifying the Circulation Map referred to in Amendment//3. MOTION withdrawn by Commissioner Pruden. ON A MOTION made by Commissioner Pmden, seconded by Commissioner McCowen, it was defeated by the following roll call vote, to recommend approval of the Ordinance on the Airport Industrial Park Amendments with Staff's wording changes. In addition they recommend alterations in the Map (Exhibit B) that would reflect the boundaries of the Airport Business Park and the Redwood Business Park. Discussion followed regarding the recommended deletion of the phrase "as a concept only", and it was the consensus to remove the words from the language. The MOTION WAS AME~ED by Commissioner Pmden, seconded by Commissioner McCowen, to remove the words "as a concept only" from Amendment No. 2. AYES: NOES: ABSTAIN: ABSENT: Commissioner McCowen and Chairman Ashiku Commissioners Baker, Larson and Pruden None None RECESS: 8:15 P.M. RECONVENE: 8:25 P.M. Discussion followed relative to what specific action they want to see Council take on these Amendments and the proposed alternative language. Chairman Ashiku proposed voting on each separate Amendment, #1, 2 and 3, then those Commissioners opposed to certain aspects of the language could state their objections and their preference for the alternative in that particular vote, in order to move things along. He stated it seemed they could at least vote on Amendments 1 and 3 in an expedient manner and asked to proceed with that vote if the Commission agreed. Mr. Stump asked to remind the Commission before the motion is made that there was a consensus on amending the map referenced in Amendment//3, as suggested by Commissioner McCowen. ON A MOTION by Chairman Ashiku, seconded by Commissioner McCowen, it was carried by the following roll call vote to recommend that City Council adopt the amendments as proposed by Staff for Amendments//1 and 3, and the changes in the map (Exhibit B) to reflect the division between the business parks. MINUTES OF THE PLANNING COMMISSION Page 13 May 8, 1996 AYES: NOES: ABSTAIN: ABSENT: Commissioners McC°wen, Baker, Larson, Pruden, and Chairman Ashiku None None None ON A MOTION by Chairman Ashiku, seconded by Commissioner Pruden, it was recommended to submit both sets of language for Council's consideration. Mr. Stump clarified they are not necessarily recommending either language, but suggesting Council consider both and decide which is most appropriate. Commissioner McCowen stated he finds that approach awkward and confusing. The Commission is being asked to make a recommendation and it should be made in a straight forward manner. There is an apparent majority for alternative language, so he would prefer to vote one concept or the other, up or down, and not try to weld them together. Commissioner Pruden asked Mr. McCowen to realize that Staff will be recommending their own language, so they will be bringing this back before the Council, regardless. Her initial attempt was to get both languages in. What the Commission may not be aware of, is under the General Plan the actual extension of a southern route is still conceptualized onto Plant Road. It was to be an industrial road to service the southern industrial sites. In fact, it is not to be a neighborhood road as we're talking about, as we have the concern on Norgard Lane, but will in fact go through into the southern industrial sites at Plant Road. The MOTION was withdrawn by Chairman Ashiku and he expressed appreciation to Commissioner McCowen for his comment. In regards to CommisSioner Pruden's remark about Plant Road, if there was some type of alternative language that identified that as an alternative route, he could perhaps support some language to that affect. Commissioner Pruden stated she did not have a problem with simply saying "southern access". She stated we have a very expensive General Plan that details that with map projections. She fully supports Chairman Ashiku's motion to put Commissioner Baker's language in so Council can see both languages. Chairman Ashiku suggested making a recommendation of some type of language then either we will support it or we won't support it. ' Commissioner Pruden WITHDREW her second as a result of Chairman Ashiku withdrawing his motion. Mr. Stump stated it was not his intention to put words in the Commission's mouth, but Commissioner Mc Cowen's point is well taken. He suggested, since there appeared to be consensus for the last iteration of Commissioner Baker's language, and if there is at least a majority to support that language then that will go on as a recommendation and the Council will, as Commissioner Pruden has stated, see Staff's recommended language also. In that sense, both sets of language will get submitted to the Council. He suggested Commissioner Baker, if she so chooses, should make a motion again consistent with the language she recommended last time. ON A MOTION by Commissioner Baker, seconded by Commissioner Pruden, it was carried by the following roll call vote to recommend that Amendment//2 read, "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park, is retained. The roadways exact design and routing is neither implied nor specific." AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson and Pruden Commissioner Mc Cowen and Chairman Ashiku None None MINUTES OF THE PLANNING COMMISSION Page 14 May 8, 1996 Redwood Business l 'ari · · 4~-1961 42.5 Talmage Road Ukiah, California 95,182 (7t)7) ~'~ June 5, 1996 RECEIVED ,J till - 5 1996 CIIY 01: UKI~It p~ttNING DEPT. Mr. Charley Stump Senior Planner City of Ukiah 300 West Seminary Ukiah, CA 95482 Re: Airport Industrial Park Development Plan Dear Mr. Stump: I have several concerns with the proposed amendment to the Airport Industrial Park Development Plan. Some of these concerns are shown on the following pages. Please excuse the late response as I only received the staff report yesterday. If you have any questions, please feel free to call me. Very t ,ruly GLA:bs encl. CCi Ukiah City Council Members (5) Mr. Kenneth B. Finney 24 25 26 27 28 1 2 3 4 5 6 7 Blnlmurn Lot Reoulmment : .. The minImum lot ire, ,hall be 20,000 ~lU~/~ feet, £,ch lot shah have a -. .minimum frontage of 100 feet on a publb ~tree~ -=~_~;_-:-- !_--r_- -~-~3 -~'-- -. , __-__~-~._-: ====:.-~.~,'_~ :.~. = .~,~',-,,",,-~.~.. --~a~-~~-~m~'t-bc'ltm~-~e~llC__"~__~' ii---~:______--- I..--.._.-._-- '".-_:=~fffii~ OF ~ IODl'~r:: .... .. -- ..... -_---,, -.,,- ---.__.==-..-::; -~.-_.~x.-_.~--...~. :~2~-.~-'~-Tlm ~ing Oom~ssi°n may. appro~m a · publio street frontage of less than 100 feet for lots located on oul-de-sacs, street A lot should front on the public street or access easement, hi a larger commercial or industrial project each lot which would be created in accordance with the State Map Act for sale, lease or financing would not require frontage on a public street. The language indicated should be deleted as it is confusing and does not generate a well-planned project. Also, the approval should not be dependent on a particular individual (in this case the City Engineer) rather than on some criteria. 1 2 3 4 -lO. · · Reeulred Public 8tral~_. .'.. ' ..... reel maps, tentative and final subdivision maps, and site . · 10 The State Map Act specifically excludes exactions being made for the approval of Boundary Line Adjustments. Including this language in the Development Plan does not circumvent the State Law. Also, clarification should be made to indicate that "only that portion of the public street serving the subject parcel should be dedicated." How does this condition pertain to the Mendocino Brewery which i~s under construction and the adjacent streets serving that project have not been dedicated? ITEM #3 19 20 21 22 23 24 25 26 7 28 Access Dt'lvewaw and Deceleration a. Eve~ effo~ shall be made to minlmize access dfiveway~ along Park Boulevard. Ali driveway and intemeclton radii shall be designed to b. Every effort shall be made to design Common driveways for individual c. No Talmage Road access shall be permitted for Parcel AIA. 11 __ turn pockets in the median area where feasible. --' "· ' '" ." "' ~--- -- o '~ '- -~ ' · e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient What are the requirements ofthe City Engineer? Do the requirements arbitrarily change from project to project? Also, deceleration or acceleration lanes should not even be considered on the internal streets of a project where the speed limit is 30 or 35 MPH. ITEM ~4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 bo d, Minimum Parldna and Loadina Reaulremen~ No loading or unloading shall be permitted on the street in front of the building. A mdF-~ent 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. The number of entrance/exit driveways shall be limited to one per every Planning Commission may relax these standards'~then a-c~nprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. 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. The Planning Commission may deviate fro~ the parking requirements contained in the Uldah 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 deecn'bed In the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion ~nli result 12 The reference to length of curb cut should be deleted. On a 30-foot wide driveway with 25 or 40-foot curb returns (like Friedmans), the actual curb cut would be 80 or 90 feet. ITEM #5 23 24 25 26 27 28 1 3 4 5 6 7 15 There are only two southern routes that are reasonable. The first being a depressed roadway through the clear zone to State Street. This route would be shortest and would create inexpensive fill (scraper fill) for the Airport Business Park project. As the roadway for ABP is constructed, this option will probably disappear, requiring all of the approximately 7000 track loads of fill for ABP to be imported over the newly constructed streets. The Norgard Lane route was a terrible idea from the start and still remains so. The other alternative would be a long street on the west side of the Freeway serving potential industrial property under the Airport runway approach. This route would only be viable if the road benefitted adjacent property that could develop if such an access were provided. The route shown on the General Plan would never be viable as a Freeway undercrossing could not be financially justified. The City Council should probably make a decision on the southern access so proper planning can proceed. REDWOOD BUSINESS PARK BUS~NESS PAra< The northwest comer of AIP is not part of the Redwood Business Park. The line as shown should be added. ITEM NO, 7b DATE: dune 5. 1996 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Establishing Rental Rates for Alex R. Thomas, Jr., Plaza In order to provide for reserved use of Thomas Plaza by groups and individuals it will be necessary to establish user fees. This practice is consistent with reserved use of other park facilities throughout the City which helps defray costs for providing this service. Thomas Plaza will differ from other park facilities in that reservations and fees will be managed through-the Conference Center as opposed to the Community Services Department. The purpose of this variation is to provide for better coordination of combined uses between the Conference Center and Plaza. The proposed fees include rates for rental of the Pavilion, Stage or combined use of both. As is consistent with other fees for park facilities, a reduction is provided for non-profit organizations. The fee schedule also provides an opportunity to utilize City staff at an hourly or daily rate. The fees proposed for this service reflect recovery of estimated city costs. Policies are also included as part of the proposed fee schedule to address issues related to rental of the facility. Included in the fees and policies for the Plaza are the guidelines for commercial vendor use. The Council may recall several locations were designated in the development plans for use by vendors and were provided with power and water. These vendors sites are intended to be leased on an annual or monthly basis and will operate independently of special events. The proposed guidelines primarily address required permits, vendor operations, size, and rental rates. Staff believes the adoption of fees for reserved use of the Plaza is appropriate and consistent with existing practice within the Parks system. We recommend adoption of the resolution establishing rental rates for Thomas Plaza. RECOMMENDED ACTION: Adopt Resolution Establishing Rental Rates for Alex R. Thomas, Jr., Plaza ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Rental Rates Are Inappropriate As Proposed And Adopt With Revisions 2. Determine Rental Rates Are Inappropriate And Do Not Adopt Resolution. Acct. No. (if NOT budgeted)' N/A Acct. No.: 410.0700.540 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 and Bruce Jenney, Conference Center Manager Attachments: 1. Resolution for Adoption 2. Propos~dGuidelines and Kiosk Application APPROVED' -~- .... Candace Horsley, City I~lanager R:4/CM/ASRFEES 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 1,5 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 ESTABLISHING RENTAL RATES FOR RENTAL OF THE ALEX R. THOMAS, JR. PLAZA WHEREAS, the City owns, manages, and maintains the Alex R. Thomas, Jr. Plaza for public use; and WHEREAS, community and private organizations will request the use of said facility; and WHEREAS, the City of Uklah currently charges fees for exclusive use of certain areas of its parks facilities, which necessitates setting fees that will provide for maintenance, repairs, utilities, and other operational expenses; and WHEREAS, the City Council noticed a public hearing and it heard public comment on these Issues. NOW, THEREFORE, BE IT RESOLVED that the City Council sets rental rates and policies for the Alex R. Thomas, Jr. Plaza, as attached in Exhibit "A" and Incorporated herein. PASSED AND ADOPTED this ,Sth day of June, 1996, by the following roll call vote: AYES: NOES: ABSENT: ATI'EST: Fred Schneiter, Mayor Karen Yoast, Deputy City Clerk 4/Res:Pk~a CITY OF UKIAH UKIAH VALLEY CONFERENCE CENTER 200 NORTH SCHOOL STREET UKIAH, CA 95482 (707) 463-6700 EXHIBIT ALEX R. THOMAS JR., PLAZA USE OF FACILITY POLICIES AND RENTAL INFORMATION SERVICES AND EQUIPMENT AVAILABLE PAVILION Water, Restrooms, Electricity (included) Privacy Screening $ 25.00 Event Staff $ 30.00 per hour $125.00 all day A, PRIVATE ORGANIZATIONS, BUSINESSES AND INDIVIDUALS RESIDENT( Within City Limits) NON- RESIDENT $ 30.00- Two Hours $ 35.00- Two Hours $ 50.00- Four Hours $ 60.00- Four Hours $100.00- All Day $120.00- All Day B, NON-PROFIT ORGANIZATIONS AND GOVERNMENT AGENCIES $ 25.00- Two Hours $ 40.00- Four hours $ 80.00- All Day PLAZA STAGE RENTAL RATES A, PRIVATE ORGANIZATIONS, BUSINESSES, AND INDIVIDUALS RESIDENT (within City limits) NON-RESIDENT $ 20.00 - Two Hours $ 25.00 Two hours $ 30.00- Four Hours $ 40.00 Four Hours $ 50.00- All Day $ 65.00 All Day B. NON- PROFIT ORGANIZATIONS AND GOVERNMENT AGENCIES $ 15.00 Two Hours $ 25.00 Four Hours $ 40.00 All Day PLAZA AND STAGE RENTAL RATES A. PRIVATE ORGANIZATIONS, BUSINESSES AND INDIVIDUALS RESIDENT (within City limits) NON-RESIDENT $ 45.00 Two Hours $ 55.00 Two Hours $ 70.00 Four Hours $100.00 Four Hours $ 150.00 All Day $180.00 All Day g. NON-PROFITS AND GOVERNMENT AGENCIES $ 35.00 Two Hours $ 60.00 Four Hours $100.00 All Day POLICIES . A 25 % non-refundable deposit is required for all reservations in addition to a refundable $ 25.00 cleaning deposit. . Large events exceeding 100 attendees may require a larger cleaning deposit and private security services. . Parties are responsible for all cleanup, debris and decoration removal related to their event. . Parties shall be considerate of and not interfere with other events occurring in the Plaza. 5. All other adopted regulations and policies relating to Plaza use shall be observed. . All insurance requirements must be complied with prior to use of the facility. If the renter elects to provide their own insurance, the renter must provide the City of Ukiah with a Certificate of Insurance and Additional Insured Endorsement naming the City of Ukiah as additionally insured. The certificate must be in the amount of: a. $500,000 (five hundred thousand) - no alcohol $1,000,000 (one million) if alcohol is to be served or sold Reservations for exclusive use of areas within the Plaza must be made in advance to guarantee space for your event. Reserved areas will not be marked as reserved prior to your event, so you will need to have your approved reservation form in your possession. We also recommend that you designate an individual to arrive earlier than your event. Guidelines for Use of Vendor Sites at Alex R. Thomas Plaza ff you have been selected to be a vendor on the Ukiah Plaza, these are the requirements for you to retain your permit in good standing: 1. Within 60 days of being selected, you must furnish proof that all required licenses and permits have been obtained. These include, but are not limited to: a City of Ukiah business license a use permit and/or encroachment permit from the City, if required a Mendocino County Health Dept. permit, if required (obtained at Environmental Health Dept. on Bush St.) a sign permit, if required proof of insurance (see form appended) a resale number from the State Board of Equalization If you are unable to complete these requirements in 60 days, another vendor may be given the oppommity to use the site. No fees will be refunded except for prepaid rent, if applicable. 2. You must notify us of your hours and days of operation and of vacations when you will not be vending. If you are not present during your proposed hours of operation for 7 business days, we will void the permit. 3. You must read and sign the regulations governing Plaza operations. These regulations will include health, sanitation, and safety regulations. Failure to comply with the regulations will void your permit. 4. You must pay your rent by the first of each month. You must notify the Plaza Manager within three days of late payments. 5. You may be required to obtain other permits for uses not covered above (for example, if you vend in other locations in the City of Ukiah). 6. During downtown special events sponsored by other organizations, such as the Car Show or the Pumpkin Festival, you will be required to pay an additional booth fee to the sponsoring organization if required. 7. You will be required to help maintain the cleanliness of the Plaza, including periodic policing of the area for wash and food, placement of your disposables in trash receptacles, and proper storage and disposal of food. 8. We reserve the fight to inspect your booth and its placement at regular intervals, including at start-up. The Plaza Manager has sole authority to approve each installation. Inspection criteria include, but are not limited to, design, appearance, noise, pedestrian safety and sanitation. 9. Parts of the Plaza will be rented occasionally for special events. You will be required to respect the needs of other users, especially in regard to noise. 10. Maximum booth size is 36 square feet. It must be located in your designated space on the Plaza during your hours of operation, and must be removed each day by the Plaza closing time. Plaza hours are dawn until dusk (?) 11. Rent for the first year is $150 per month, checks payable to the City of Ukiah. You can pay your rent to the Plaza Manager at the Ukiah Valley Conference Center, 200 S. School St., Ukiah, CA 95482. 12. The City of Uhah is not responsible for loss or damage to your property. 13. The City of Uldah reserves the fight to revoke permits or alter these guidelines. I have read and understood the guidelines above. (Return 1 copy with your application.) Signature Date Kiosk Vending Application Name of business: Name of business owner: Mailing address: Emergency Contact: Type of food or merchandise: (appending a menu would be useful) Hours of Operation: Is your business seasonal? If yes, what season? Have you read, understood, and returned a signed copy of the Plaza vending guidelines? Have you provided proof of insurance? Do we have your permission to check your credit? Signature Date ITEM NO. 8A DATE: June 5, 1996 AGENDA SUMMARY REPORT SUBJECT: Appointment to Fill the Unexpired Term of City Clerk 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. In the interim Staff is recommending that Council appoint Marge Giuntoli to fill the unexpired term of City Clerk. Marge Giuntoli is a Professional Secretary that lives within the City limits and has been working part- time for the City of Ukiah for eleven months. She is well trained and proficient in taking minutes, filing, assisting the public, using the wordprocessor and other secretarial and City Clerk functions. Since the former City Clerk was absent from City Hall for the last month of her tenure, Marge Giuntoli has filled in and performed in an excellent manner in fulfilling the duties of City Clerk, through the supervision of Deputy City Clerk Karen Yoast. Upon appointment by the Council, Ms. Giuntoli will be working an average of 32 hours per week and receive the City Clerk salary of $1,550 per month. Marge and Karen's hours combined will allow the equivalent of a full-time City Clerk that is available at City Hall between the hours of 8:00 a.m. and 5:00 p.m. The City Clerk will once again be taking over the Redevelopment Agency agenda and minutes. RECOMMENDED ACTION: Council appoint Marge Giuntoli to fulfill the unexpired term of City Clerk at the current City Clerk salary of $1,550 per month. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Request Staff to proceed with the recruitment of City Clerk. 2. Appoint another person chosen by Council. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Candace Horsley, City Manager Coordinated with: N/A Attachments: N/A ban'dace ~orsley~ City M~anager R:4/Can/asrclerk ~ ITEM NO. 8b, DATE: June 5. 1996 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Establishing Investment Oversight Committee The City Council adopted a policy resolution revising the City's Investment Policy at the January 17, 1996 Council meeting. One section of the policy referred to the City of Ukiah Investment Oversight Committee, which would meet at least every six months in order to conduct a comprehensive review of the investment activities to ensure that the regulations were being adhered to and that strategies were both appropriate and being followed. Since that time we now know that a new City Treasurer will be elected in the November 1996 election and the Council has determined to utilize the services of a Management Advisory firm to avail itself of the experienced sources of information, advice, assistance and facilities available through an investment advisory service. Accordingly, Staff is recommending that the City of Ukiah Investment Oversight Committee consist of the following membership: 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 with no limit on the number of terms held by one individual. 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 will also be reviewing the Annual Audit of Investments. The Oversight Committee will meet every six months to 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. Committee meetings shall be open to the public and subject to the Brown Act. All Committee minutes shall be recorded and distributed to the Council and agendized for discussion. Staff is recommending that Council adopt the Resolution establishing the City of Ukiah Investment Oversight Committee. A Resolution will be forthcoming_the first part of next week. RECOMMENDED ACTION: Adopt Resolution Establishing Oversight Committee ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications are necessary to the Resolution, identify changes and adopt revised Resolution. 2. Determine Oversight Committee is not recj.gired and do not ado. Et Resolution. 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: N/A Attachments: None Candace Horsley, City M~ager R:4/Can/ASRST RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE CITY OF UKIAH INVESTMENT OVERSIGHT COMMITTEE WHEREAS, it is the desire of the City Council of the City of Ukiah to ensure the investment policies and strategies of the City generate the highest possible yield while utilizing the safest methods and instruments available; and WHEREAS, the Investment Policy of the City of Ukiah adopted on January 17, 1996 identifies an Oversight Committee to be an element of the City's investment reporting process; and WHEREAS, an Investment Oversight Committee would assist in the public review and understanding of the City's investment practices and serve to meet the goals of the "Prudent Investor" rule to which all local governments should follow in their financial transactions. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the City of Ukiah Investment Oversight Committee is established. The Committee meetings shall be open and subject to the Brown Act. A. Committee Duties and Responsibilities: i. Conduct comprehensive review of the City's investment activities to ensure regulations are adhered to and adopted strategies are appropriate and being followed. ii. Review Annual Audit of Investments. iii. Review policy, investment strategies, and investment performances. iv. Develop long range planning for the City's investment portfolio. v. Receive and review monthly portfolio reports and quarterly performance reports from Advisory firm. vi. Report its findings and make recommendations as needed to the City Council. B. Composition: The members of the Oversight Committee shall be the City Manager, Director of Finance, a City Councilmember appointed from time to time by the City Council to serve at the pleasure of the Council, a public member, and the City Treasurer, who shall serve as Chairman. The public member shall be appointed by the City Council for a two year term with no limit to the number of terms an individual may serve; shall have governmental accounting experience (i.e. served as an outside Auditor, Public Agency Finance Director, or CPA), and may not have been employed by the City of Ukiah at any time during the three years preceding the appointment date. C. Meeting dates: The Oversight Committee shall meet whenever business is required to be conducted, but at least once every six months. Specific times and dates shall be determined by the Committee. Minutes of the meetings will be recorded and the draft minutes shall be distributed to the City Council at the next available City Council meeting. D. Conduct of Committee Business The Oversight Committee may adopt such rules of procedure for the conduct of its meetings and affairs not inconsistent with this Resolution, as it deems necessary. Committee Staff: Staff support to the Committee will be provided at the direction of the City Manager and will include the services of a Financial Investment Management Advisory firm approved by the City Council (a representative of the firm shall attend each regular Committee meeting). Eo PASSED AND ADOPTED this 5th day of June, 1996 by the following roll call vote: AYES' NOES: ABSENT: ABSTAIN: ATTEST: Fred Schneiter, Mayor Karen Yoast, Deputy City Clerk mfh:resord oversight ITEM NO, 8c DATE-June 5. 199R AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING COUNCILAPPOINTMENTS/SUNHOUSE GUILD Councilmember Sheridan Malone has been appointed to the Board of the North Coast Railroad Authority (NCRA). He also serves on the Sunhouse Guild, which meets at the same time as the NCRA Board. He has requested this matter be placed on the agenda for Council discussion. RECOMMENDED ACTION' Discuss Council replacement of Representative to Sunhouse Guild. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine no discussion is desired and do not consider matter. Acct. No. (if NOT budgeted): N/A Acct. No.' Appropriation Requested: N/A (if budgeted) Citizen Advised' N/A Requested by: Councilmember Sheridan Malone Prepared by' Michael Harris, Assistant City Manager~tJ, J~' Coordinated with' Candace Horsley, City Manager Attachments: 1. List of Current Council Assignments, Page 1 ~3andace Horsley, City Manager R:4/CC/ASRccapt COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Meudocino Council of Governments (MCOG) Economic Develop~nent Finance Corporation MTA Board of Directors Local Agency Formation Commission (Willits/Pt. Arena) Ukiah Valley Sanitation District City Selection Committee Mendocino Solid Waste Management Authority (JPA) County Overall Economic Development Northern California Power Association (NCPA) Redxvood Empire Municipal Ins. Fund (REMIF) Alternate Redwood Empire Financing Authority (REFA) Chamber of Commerce Liaison League of California Cities Liaison League of California Cities Housing Subcommittee Sun House Guild Mayor/Managers Committee Valley Wide Task Force Valley Wide Water Task Force Dmvntown Master Plan Committee Redevelopment Finance Reviexv Committee Main Street Board of Directors North Coast Opportunities Board May 15. 1996 ASSIGNED TO Shoemaker/Malone as alternate Mastin Mastin Wattenburger (Alternate) Mayor or Vice-Mayor Mayor (Required) Shoemaker City Manager or her designee Schneiter City Manager or Electric Utility Director - Alternate City Manager Asst. City Manager City Manager (By Resolution) Malone Malone Shoelnaker Malone Mayor/City Manager Shoemaker/Schneiter City Manager Shoemaker/City Manager or her designee Mastin Agency Chairlnan and Wattenburger Mastin-Alternate Malone/City Manager or her designee Schneiter/Alternate - City Manager designee or her ITEM NO. 9a DATE: June 5, 1996 AGENDA SUMMARY REPORT SUBJECT: GEOGRAPHIC INFORMATION SYSTEM (GIS) SUMMARY: For the past few years the topic of purchasing and installing a Geographic Information System (GIS) has been discussed amongst the Council and staff, and each budget season the subject arises only to be deferred (by staff) to a future date and a future budget. Recently, however, staff has taken some time to perform a fundamental cost / benefit assessment of purchasing and installing a GIS for Ukiah, and now believes that the costs far outweigh the benefits, and that it would be inadvisable to pursue this matter in the foreseeable future. Accordingly, staff now seeks firm direction (Continued on page 2) RECOMMENDED ACTION: Abandon plans to purchase, install, and maintain a GIS for the foreseeable future. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Direct staff to actively pursue the purchase and installation of a GIS, and, correspondingly, increase the Planning Department's budget by a minimum of $20,000 to facilitate action on this matter in FY 96/97. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager; and Public Utilities Dept. personnel Attachments: None Cand-ace ;si;y, CitY' M~nager from the Council on whether to proceed with this costly endeavor, and whether or not the budget should be increased to actually begin its implementation. In simple terms, a GIS is a computer database typically containing land and parcel inventory information and graphics related to natural resources, physical characteristics and constraints, and infrastructure. It is typically used by planning, engineering, and utility professionals for urban development, resource management, environmental planning, and infrastructure design and layout, and it is most useful in the planning of large, environmentally diverse areas facing development pressures. It is not typically needed for small urban areas, and, quite frankly, the City of Ukiah is only 4~ square miles in area, virtually built out, and replete with existing infrastructure, which, in staff's opinion diminish the usefulness of, and need for a GIS system. As stated, we have been assessing the costs and potential benefits of a GIS for Ukiah. Specifically, staff has been consulting with personnel who are relatively knowledgeable with computer science and GIS software, and the consensus of opinion is that the City should not pursue setting up a GIS in the foreseeable future for the following reasons: · Set-up Cost - Establishing a GIS would be costly to purchase and maintain. Preliminary estimates from staff knowledgeable on the subject indicate that the initial price tag would be at least $20,000 and probably more like $40,000 just to get the system running. Thereafter, a staff person or contract professional would have to maintain the system, which would be an on-going and unknown amount, and certainly not minimal. , Maintenance Cost- The system would have to be continually monitored, maintained, and updated as database conditions and circumstances changed. The quantitative cost of this maintenance effort is an unknown variable, although it is presumed to be substantial on an every-fiscal-year basis. . Hardware Cost - The GIS would require the purchase of a new computer with a large hard drive and large screen, and this computer would have to be dedicated for no other use than the GIS system. Currently, all the Planning Department's computers are in use for a variety of daily and necessary tasks, and none is, or would be available to use for the GIS. Moreover, our computers are over 4 years old now, and are not modern or large enough to handle a GIS. , Staff Time - Aside from financial issues, establishing a GIS would require intense time involvement by City staff from various departments. A very large part of establishing a GIS is collecting data for inputting to the GIS system, and this would have to be done by City staff. At the present time, however, all would-be- affected staff members are working at full capacity, and would not have the time to dedicate to the project. More importantly, the work load would require the hiring of additional part time staff to set up and maintain the GIS, as previously stated. o Cost / Benefit Evaluation - From the Planning Department's perspective, the costs (time allocation and hardware/software purchases) of setting up and maintaining a GIS far outweigh the benefits. Currently, the volume of public inquiries for GIS-type data are quite readily, thoroughly, and expediently handled by staff in a manual fashion, and, correspondingly, the service to the public is quite high without the automation represented by a GIS system. Moreover, based on informal conversations with other department personnel, the City staff's at-large use of a GIS program would not provide any great amount of benefit, research and development insight, or processing efficiency that are not already provided by manual means and methods. Staff is aware that the Council has been promised some sort of GIS by various staff personnel for the past few years. However, it is the current staff's opinion that the cost implications of establishing a GIS were never adequately assessed; that a meaningful GIS would be extremely expensive in terms of staff time and material purchases; and that the costs presently cannot be justified by the benefits. Staff therefore has concluded that the cost/benefit ratio for installing a GIS is significantly skewed in the negative, and that we recommend abandonment of this costly item from existing and future budget goals and work expectations. ITEM NO, 9b DATE' June 5, 1996 AGENDA SUMMARY REPORT SUBJECT: Introduction of Ordinance Amending Chapter 12, Section 1965, Parks and Recreation Facilities. Recently the City Council has taken two actions which require adoption of an ordinance amending Chapter 12, Section 1965 of the Municipal Code. Specifically, those actions were the designation of Gardener Pocket Park as a city facility and the acceptance of Alex R. Thomas Jr., Plaza from the Redevelopment Agency. Section 1965 is that section of the code which identifies and designates all parcels of land which are Parks and Recreation facilities and owned by the City of Ukiah. Thomas Plaza will also require special rules for public use due to the nature of park amenities, types of use, and location. In order to ensure the quality environment created in the plaza is maintained staff is recommending Section 1965 also be amended to include the following rules of use specific to the Plaza: . . 3 4. Bicycling, skateboarding, skating, rollerblading, or any other human propelled conveyance is prohibited. Bicycles must be parked in racks provided for them. Thomas Plaza shall be added to the existing list of park facilities allowing consumption of alcoholic beverages by permit only. Dogs are prohibited within the Plaza. Motor vehicles and motorcycles are prohibited unless otherwise approved by the Director of Community Services. (Continued on Page 21 RECOMMENDED ACTION: Introduce Ordinance Amending Chapter 12, Section 1965 of the Ukiah City Code. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Ordinance Amendment Requires Revisions and Introduce as Revised 2. Determine Ordinance Amendment is Inappropriate and Take No Further Action 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~t,.~ Coordinated with: . Candace Horsley, City Manager Attachments' 1. Ordinance for Introduction APPROVED' ',-',,~.:.. Candace Horsley, City ~anager R:4/LD/ASRAMND Introduction of Ordinance Amending Chapter 12, Section 1965 Page Two . . . . Amplified music is prohibited unless otherwise approved by the Director of Community Services. The City of Ukiah reserves the right to deny any use within the Plaza which conflicts or intederes with surrounding businesses and/or other permitted uses. Plaza and plaza restroom hours shall be from 6:00 a.m. to dusk, or later depending upon the circumstances. There shall be no parking on the State or School Street frontages of the Plaza between 10:00 p.m. and 7:00 a.m. Attached for Council consideration is the proposed ordinance which would amend Chapter 12, Section 1965 of the Ukiah Municipal Code to include the above rules which are not already in the code. Staff is recommending approval of the amendments and requesting action to introduce the ordinance. Should the Council concur, the ordinance should be introduced by title only. It will be adopted at the next regular Council meeting. ORDINANCE No. An Ordinance of the City Council of the City of Ukiah Amending Chapter 12, Section 1965 of the Ukiah City Code, Entitled Parks and Recreation Facilities The City Council of the City of Uldah does hereby ordain as follows: SECTION ONE Ukiah City Code Section 1965 is hereby mended to include: Section 1965: FACILITIES: I. Gardener Pocket Park - Situated within Municipal Parking Lot"A" Alex R. Thomas, Jr., Plaza - Bounded by South State Street, School Street and Clay Street. SECTION TWO Section 2002, as stated below, is added to the Ukiah City Code: Section 2002: RULES AND REGULATIONS FOR USE OF ALEX R. THOMAS, JR., PLAZA: Public use of Alex R. Thomas Jr. Plaza shall be subject to the following rules and regulations: A. Bicycling, skateboarding, rollerblading, or any other human propelled conveyance is prohibited. Bicycles shall be parked in racks provided for them. B. Consumption of alcoholic beverages is prohibited without a city permit. C. Dogs are prohibited. De Motor vehicles and motorcycles are prohibited unless otherwise approved by the City Manager or Director of Recreation and Parks. E. Amplified music is prohibited unless otherwise approved by the City Manager or Director of Recreation and Parks. F. Plaza and Restroom hours shall be from 6:00 a.m. to dusk, or later depending upon the circumstances. G. Solicitation for employment or money is prohibited. H. The City of Ukiah reserves the right to deny any use within the Plaza which conflicts with surrounding businesses and/or other permitted uses. 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 AYES: NOES: ABSENT: ,1996, by the following roll call vote: Adopted on AYES: NOES: ABSENT: ,1996, by the following roll call vote: ATTEST: City Clerk By: Karen Yoast, Deputy City Clerk Fred Schneiter, Mayor 4~I)~prko~ ITEM NO. 9c DATE' June 5. 1996 AGENDA SUMMARY REPORT SUBJECT: Approve Budget Amendment in the Amount of $6,000 for Replacement of Heating and Air Conditioning Unit in Golf Course Clubhouse and Award Bid Due to unanticipated mechanical failure, the existing heating and air conditioning unit servicing the Golf Course Clubhouse is in need of replacement. The system has failed due to inadequate sizing of the ventilation lines which creates a burden on the compressor and caused the unit to ultimately burned out. Staff is requesting a budget amendment in the amount of $6,000 in order to proceed with immediate replacement due to the impending summer season. Bids were requested by telephone and received from Ukiah Heating and Cooling, Redwood Heating and Cooling, AC&R, and Reliance Enterprises. All bid sheets are attached. AC&R returned the lowest bid in the amount of $5,025 with an additional $400 for an upgrade to a 12 seer maximum efficiency unit. Staff is recommending the bid be awarded to AC&R including the upgrade to the 12 seer. $6,000 is requested in order to cover any contingencies during removal of the old unit and installation of the new. RECOMMENDED ACTION' Approve Budget Amendment in the Amount of $6,000 and award bid to AC&R. ALTERNATIVE COUNCIL POLICY OP. TIONS: 1. Deny Award of bid to AC&R and aWard to next lowest bidder. 2. Determine Budget Amendment is Inappropriate at this time and deny staff request. Acct. No. (if NOT budgeted): 695-6001-800 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: 1. 2. Acct. (if budgeted) Larry W. DeKnoblough, Director of Community Services Candace Horsley, City Manager and Reed Carpenter, Golf Superintendent Bid Sheets Budget Amendment Worksheet Candace Horsley, City IVl~nager R :4/C C/AS R H VA C ~ 05/23,'1996 11:30 FROM UKIAH AIR CONDITIONING TO 4636204 "SERVICE WHEN YOU.NEED IT~ P.02 LIC. #64801~ May 22, 1996 City of Ukiah 300 Seminary Ave. U-kiah, CA 95482 Attn. Larry DeKnoblough Site: Ukiah Golf Course We hereby propose to furrdsh the material and p~fform the necessary labor for the completion o~ Remove and recover refrigerant from existing Heat pump system and dispose of old outdoor unit. DJsc, onnect existing ducts from Heat pump fan coil and reconnect to new umt. ( Old fan coil will be left in attic.) · Inslall new 5 ton Day & Night rooftop unit model # 588ANW060080 with roof curb above bathrooms. · Run gas line from existing fan coil attic ama to new unit. Run electrical from existing fan coil to new unit. * Add new supply register and duct work for counter area. · Add one return with filter grill to supply adequate return back to unit. Note: Any permits will be supplied by the City of Ukiah. The total price for the above proposal is: Terms are 100% upon compl~ion. Accepted by: Date: $$,025.00 $5,425.00 for 12 seer HEATING COOLING 539 S. Main Street / P.O. Box 804 . UIEtah, CA 95482 707-462.2021 . FAX: 707.462.0926 SltF.&'T M~TAL n~Stn.~TION TOTAL P. 02 ~'1A¥'-/2~--96 ~ION 1~ :25 P-.ELIAPICE Et-~TERPP..ISES UK 707 462 1.515 · P.I~2 REI..IAN C £ ENTERPRIS£8 UKIAH, I~ALIF'(~ R N IA TEI,.~I~HD N E '7'0? AlII-CONIll TIONINQ · _. HE A'TIN~] · REI'RIOEP, ATION · SIll-ET METAL e ELEC l'RIC^t. · I~OIL El:! May 20, 1996 Larry De Knoblough City of Ukiah 1320 Airport Road Ukiah, CA 95482 Reference: Estimate to install a new air-conditioner-furnace at the Pro Shop. We propose to supply and install a 5 ton Trane unit including gas line, electric, new duct work, crane lift, all labor and sales tax for the total sum of $5,175,00. To replace the existing outdoor unit it would be a total of $2,275.00. Thank you for this opportunity to be of service. If you have any questions, please feel free to call at any time. Sincerely, Thomas Bader Manager-Ukiah Office $5,475.00 for 12 seer TB/dmu 1 c/cPfile HEATING -- COOLING 775 East Gobbi St., Uklah, CA 95482 (707) 462-2468 (707) 459-2484 City of Ukiah 300 Seminary Ave Ukiah, California 95482 COMMERCIAL - RESIDENTIAL · HEATING - COOLING · SEAMLESS GUTTERS · SALES & SERVICE April 30, 1996 Dear Larry; Thank you for the opportunity to bid on the installation new heating/cooling system for the Golf Course Clubhouse in Ukiah. The following are concerns I have about installing new equipment using the existing line set and the accessability (I should say the inaccessibility) to service the air handler; 1. The refrigerant lines are inadequate for a 5 ton system. If we were to use the existing line set the cooling capacity will be cut by 15-20% and the life of the new compressor would be greatly shortened. I know this is at least part of the reason the old system burnt out. 2. The existing fan coil is installed in a inaccessible location for both replacing and servicing. If the motor or any other control were to go out in the fan coil, a part of a wall would need to be removed so the new part could be installed. 3. The existing return air is too small and needs to be enlarged. We recomend a 20". I recommend installing a 5 ton packaged gas heating/electric cooling unit to be mounted on the roof of the Clubhouse. The bid would include the following: --Trane® packaged unit with natural gas forced-air heat 60,000-80,000 Btu of heat and 60,000 Btu/hr (5 tons) of cooling 10, 11 & 12 SEER, complete with curb --Removal, recovery and disposal of old outdoor unit, we will disconnect the existing indoor fan coil and leave it in place --Install new supply duct for behind golf pro's counter --New return duct complete with return air filter grill for ease of filter access, 20" X 30" with 20" ducting --Heating-cooling thermostat ---Gas line and electric work for new unit --Crane service mShop preparation and installation labor on site --This price does not include a building permit The complete installed price for the packaged gas heat/electric cooling would be; 10 SEER unit, 1 year part/labor warranty, 5 year limited warranty on compressor, 10 year limited heat exchanger warranty and 78% efficiency on heating .............................................................................................. $5224 BONDED · INSURED · LICENSE #292494 11 SEER unit, 1 year part/labor warranty, 10 year limited warranty on compressor, 20 year limited heat exchanger warranty and 80% efficiency on heating ............................................................................................. $5525 12 SEER unit, 1 year labor warranty, 2 year parts warranty, 10 year limited warranty on compressor and outdoor coil, 20 year limited heat exchanger warranty and 80%+ 2 stage gas valve and 2 speed combustion blower heating .............................................................................................. $5990 The 12 SEER equipment uses approximately 17% less electricity to operate than does the same-sized 10 SEER equipment. The additional cost would therefore be paid back in a reasonable time, and then you'd be money ahead. If I can be of further assistance, or you have any specific questions about this bid, please give me a call. Sincerely, LR/ms Lee Rodrigue PRODUCT 555~ ~--~s® Inc., TO 0r~r PHONE TOLL FREE 1-800-225-6380 UKIAH HEATING & COOLING 144 ORR SPRINGS RD. UKIAH, CALIFORNIA 95482 (707) 462-6864 CONT. #663095 Fold a~ (>) to fit 771 DU-O-VUE® Envelope. Page Nol' ~ Of ~ Pages PROPOSAL PROPERTY LINES: Owner shall locate and point out property lines to contractor. Contractor may, at his option, require owner to provide a licensed land surveyor's map of property. Submitted JOB NAME/NUMBER To: .....Cl,t~'.,...of....Uk.l&k ........... · Pro Shop JOB LOCATION 1.320.Al.rport..Road ................................... Gui! Course ARCHITECT ............ Uk I ah,.. CA ............ 95482 ................................................. : ..................................... STARTING DATE IDATE OF PLANS COMPLETION DATE (Ap~roximate) SUBSTANTIAL COMMENCEMENT OF WORK SHALL CONSIST OF ISALESPERSON'S REGISTRATION NUMBER DATE or PROPOSAL Owner 0~-09-96 ~.CONTRACTOR'S LICENSE NUMBER I HOME IMPROVEMENT SALESPERSON We hereby submit specifications and estimates for: ...... T0'"" ~ ~pl ;~' "6iJt J 1 tl~'""'~ond'en's't nl~-"un l't'"""onty; ............................................................................................ Pr.i oe.:.....$2000, O0 .......... To r..eplaee system: b'~6~"""G~J-"F~fnaee; ......... 80~--'-'ef-fi-eient.-.--wi-th----a---...,tO---.-SEER,.-ooadenainl.-...,unlt .................. There Is a lO year warranty on the heat exobanger and oompressor. ............. 2,) .................. L~hhb~""'G~J'""Fafflaee'; ......... 80t""etflolent....with-.a-.-..t2.-SEKR..eondenelng....unlt, .............. The~e is a 10 year warranty on the heat exohanger and oompreaeor, ..................................................................................................... PRICE: 86650.00 3.) Lennox Heat Pump, HP29, ?.50 HSPF and 10 SEER. This unit has a 10 ...................................................... ............. 4;'") ................... L'~'b~'"H~'~t""'Pulp'; ......... HP25; ........ 8;95---'HSPF--..and..----I2--SEER, .............Tbt.s...unlt.....haa.......a..10 .......... ......................................... ~.ea.r.......war.~a.nt..y.......0n......the,.....,C.O~.?S..l..~?..t ............. PR.!.~K.L...??!..SO..~..O0 ..................................... All Lennox equipment has a I year parts and 1 year labor warranty. NO CARPENTRY ......... NOTE: ......... T.h I s~pr.~p~-..m~--be.-.~l~.t~h~r*~-~.~b~.-~s...*...~...~.*~?.~`*.**..~*~.?P~*~.~.~ 30. d.a.~ ...................... Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a contractor may be referred to the Registrar of the Board, Contractors' State License Board, P.O. Box 26000, Sacramento, CA 95826. We Propose to perform the above work in accordance with the drawings and specil'ications submitted, and to complete it in s workmanlike manner according to standard practices for the sum of: Down Payment of: As per option Selected Full upon completion Upon satisfactory payment being made for any portion of the work performed, the Contractor shall, prior to any further payment being made, furnish to the Owner or Tenant contracting for the home improvement or swimming pool a full and unconditional release from any claim or mechanics' lien pursuant to Section 3114 of the Civil Code fo~' that portion of the work for which payment has been made. ; You the Owner or Tenant have the right to require the Contractor to have a performance and payment bond or funding control. Payment to be made as follows: __ % ($ __ ) upon signing Contract; __ % ($ __ ) upon completion of __ % ($ __ ) upon completion of shall be made forthwith upon *. ~{~(~ ($~ov~ completion of work under this contract. Acceptance of Proposal = The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. It is understood and agreed that this work is not provided for in any other agreement and no contractual rights arise until this proposal is accepted in writing. Failure by the Contractor without lawful excuse to substantially commence work within twenty (20) days from the approximate date specified in this contract when the work will begin is a violation of the Contractors' License Law. Date __ Signature ~ ~ Date -- --~cceptance m Z GOLF ENTERPRISE - FUND #695 Budgeted amounts: Beginning fund balance 7/1/95 Revenue budgeted Transfers budgeted In (Out) Expenses budgeted Budgeted ending fund balance 6/30/96 $ $ $ $ $ 3,037 444,700 (473,011) (25,274) Adjustments made during the fiscal year: Date Approved 316196 3/6/96 3/6/96 3/6/96 3/6/96 7/1/95 4/17/96 6/5/96 6/5/96 6/5/96 Seasonal Golf attendants - Wages Seasonal Golf attendants - Workers' Comp. Ins. Seasonal Golf attendants- Medicare Seasonal Golf attendants- Unemployment Ins. Seasonal Golf attendants- FICA Change in beginning fund balance per audit Reorganization (expense increased) Projected expense less than budgeted Projected revenue less than budgeted Air conditioning repair Account No. 695.6120.111 695.6120.152 695.6120.154 695.6120.155 695.6120.156 695.6120.XXXX Revised ending fund balance 6/30/96 $ $ $ $ $ $ $ $ $ $ (3,075) (215) (45) (9) (191) 69,379 (2,406) 6,464 (24,621) (6,000) 14,007 RESERVES.XLS 5/31/96 Page 3 Funds 693; 694; 695