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HomeMy WebLinkAbout1995-12-20 PacketM - Motion CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting PROMPT RC - Roll Call CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 20, 1995 6:30 p.m. VV- Voice Vote AD - As Desired Corrected 12/18/95 M/RC M/RC 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Adjourned Meeting of November 29, 1995 b. Regular Meeting of December 6, 1995 . Mayor to Read o Mayor to Read All one M/RC RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 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. Receipt of Report of November 1995 Disbursements b. Denial of Claims Received from Susan Lanning; Crawford's VCR Repair; and Referral to City Insurance Carrier, REMIF c. Adoption of Ordinance Amending Article 17, Chapter 2, of the City Zoning Code d. Adoption of Resolution Establishing Uniform Time Limit for Restricted On-Street Parking Within the Downtown Parking District e. Adoption of Resolution Establishing Two-Twenty Four Minute On-Street Parking Spaces at 582 N. State Street f. Award of Bid for 12,000 feet of 500 MCM Aluminum Conductor Cable to Champion Wire and Cable in the Amount of $12,625.47 and for 21,000 feet of 397.5 MCM Bare Conductor to King Wire and Cable Corporation in the Amount of $10,315.31 g. Approval of Notice of Completion for Placement of Street Striping 1995, Spec. No. 95-21 h. Authorization to Continue Advertising for One Vacancy on Airport Commission i. Approval of Contract for "Remember Your Relations" Elsie Allen Exhibit and Catalogue, in the Amount of $7,000, and Authorize City Manager to Execute Contract CITY OF UKIAH CITY COUNCIL AGENDA RESUME CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 20, 1995 6:30 p.m. Corrected 12/18/95 Approved Approved 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Adjourned Meeting of November 29, 1995 b. Regular Meeting of December 6, 1995 . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. . 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. Awarded Approved Authorized Approved Received a. Receipt of Report of November 1995 Disbursements Denied b. Denial of Claims Received from Susan Lanning; Crawford's VCR Repair; and Referral to City Insurance Carrier, REMIF Adopted No. 961 c. Adoption of Ordinance Amending Article 17, Chapter 2, of the City Zoning Code " No. 96-33 d. Adoption of Resolution Establishing Uniform Time Limit for Restricted On-Street Parking Within the Downtown Parking District " No. 96-34 e. Adoption of Resolution Establishing Two Twenty-Four Minute On-Street Parking Spaces at 582 N. State Street f. Award of Bid for 12,000 feet of 500 MCM Aluminum Conductor Cable to Champion Wire and Cable in the Amount of $12,625.47 and for 21,000 feet of 397.5 MCM Bare Conductor to King Wire and Cable Corporation in the Amount of $10,315.31 g. Approval of Notice of Completion for Placement of Street Striping 1995, Spec. No. 95-21 h. Authorization to Continue Advertising for One Vacancy on Airport Commission i. Approval of Contract for "Remember Your Relations" Elsie Allen Exhibit and Catalogue, in the Amount of $7,000, and Authorize City Manager to Execute Contract o Mayor to Read AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. 7. PETITIONS AND COMMUNICATIONS a. Consideration of Letter Received from "Parents for Youth" Regarding 9th-12th grade Boys Basketball Program 8 NEW BUSINESS M/RC a. Adoption of Resolution Committing In-Kind Services for the Performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge, Orchard Avenue Extension, Brush Street Improvement Project and Approval of Budget Amendment b. Discussion and Approval of Disbanding Cultural Arts Advisory Board 9. CITY COUNCIL/REPORTS 10. CITY MANAGER/DEPARTMENT HEAD REPORTS 11. CLOSED SESSION Announce a. As per Government Code Section 54957(e) Public Employee Discipline/Dismissal/Release 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. 7. PETITIONS AND COMMUNICATIONS Parent Volunteer to a. Consideration of Letter Received from "Parents for Youth" Regarding 9th-12th grade Boys Coordinate by Jan 6 Basketball Program deadline - City to Provide Info 8. NEW BUSINESS Adopted Res 96-35 a. Adoption of Resolution Committing In-Kind Services for the Performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge, Orchard Avenue Extension, Brush Street Improvement Project and Approval of Budget Amendment b. Discussion and Approval of Disbanding Cultural Arts Advisory Board Accepted Board Resignations 9. CITY COUNCIL/REPORTS 10. CITY MANAGER/DEPARTMENT HEAD REPORTS 11. CLOSED SESSION No action a. As per Government Code Section 54957(e) Public Employee Discipline/Dismissal/Release 7:35 p.m. 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. CITY COUNCIL AGENDA CIVIC CENTER COUNCIL-CHAMBERS ;500 Seminary Avenue Ukiah, CA 95482 December 20, 1995 6:30 p.m. RESUME Corrected 12/18/95 Approved Approved 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Adjourned Meeting of November 29, 1995 b. Regular Meeting of December 6, 1995 4. RIGHT TO APpEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the fight to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. . 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. Received Denied a. Receipt of Report of November 1995 Disbursements b. Denial of Claims Received from Susan Lanning; Crawford's VCR Repair; and Referral to City Insurance Carrier, REMIF Adoption of Ordinance Amending Article 17, Chapter 2, of the City Zoning Code Adoption of Resolution Establishing Uniform Time Limit for Restricted On-Street Parking Within the Downtown Parking District Adoption of Resolution Establishing Two Twenty-Four Minute On-Street Parking Spaces at 582 N. State Street f. Award of Bid for 12,000 feet of 500 MCM Aluminum Conductor Cable to Champion Wire and Cable in the Amount of $12,625.47 and for 21,000 feet of 397.5 MCM Bare Conductor to King Wire and Cable Corporation in the Amount of $10,315.31 g. Approval of Notice of Completion for Placement of Street Striping 1995, Spec. No. 95-21 h. Authorization to Continue Advertising for One Vacancy on Airport Commission i. Approval of Contract for "Remember Your Relations" Elsie Allen Exhibit and Catalogue, in the Amount of $7,000, and Authorize City Manager to Execute Contract Adopted No. 961 c. " No. 96-33 d. " No. 96-34 e. Awarded Approved Authorized Approved , AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. 7. PETITIONS AND COMMUNICATIONS Parent Volunteer to a. Consideration of Letter Received from "Parents for Youth" Regarding 9th-12th grade Boys Coordinate by Jan 6 Basketball Program deadline - City to Provide Info 8. NEW BUSINESS Adopted Res 96-35 a. Adoption of Resolution Committing In-Kind Services for the Performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge, Orchard Avenue Extension, Brush Street Improvement Project and Approval of BUdget Amendment b. Discussion and Approval of Disbanding Cultural Arts Advisory Board Accepted Board Resignations 9. CITY COUNCIL/REPORTS 10. CITY MANAGER/DEPARTMENT HEAD REPORTS 11. CLOSED SESSION No action a. As per Government Code Section 54957(e) Public Employee Discipline/Dismissal/Release 7:35 p.m. 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. , . CITY OF UKIAH CITY COUNCIL AGENDA RESUME CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 20, 1995 6:30 p.m. Corrected 12/18/95 Approved Approved 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Adjourned Meeting of November 29, 1995 b. Regular Meeting of December 6, 1995 4. ,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 &the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. . 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. Received Denied Adopted No. 961 c. " No. 96-33 d. " No. 96-34 e. Awarded a. Receipt of Report of November 1995 Disbursements b. Denial of Claims Received from Susan Lanning; Crawford's VCR Repair; and Referral to City Insurance Carrier, KEMIF Adoption of Ordinance Amending Article 17, Chapter 2, of the City Zoning Code Adoption &Resolution Establishing Uniform Time Limit for Restricted On-Street Parking Within the Downtown Parking District Adoption of Resolution Establishing Two Twenty-Four Minute On-Street Parking Spaces at 582 N. State Street f. Award of Bid for 12,000 feet of 500 MCM Aluminum Conductor Cable to Champion Wire and Cable in the Amount of $12,625.47 and for 21,000 feet of 397.5 MCM Bare Conductor to King Wire and Cable Corporation in the Amount of $10,315.31 g. Approval of Notice of Completion for Placement of Street Striping 1995, Spec. No. 95-21 h. Authorization to Continue Advertising for One Vacancy on Airport Commission i. Approval of Contract for "Remember Your Relations" Elsie Allen Exhibit and Catalogue, in the Amount of $7,000, and Authorize City Manager to Execute Contract Approved Authorized Approved . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 7. PETITIONS AND COMMUNICATIONS Parent Volunteer to a. Consideration of Letter Received from "Parents for Youth" Regarding 9th-12th grade Boys Coordinate by Jan 6 Basketball Program deadline - City to Provide Info 8. NEW BUSINESS Adopted Res 96-35 a. Adoption of Resolution Committing In-Kind Services for the Performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge, Orchard Avenue Extension, Brush Street Improvement Project and Approval of BUdget Amendment b. Discussion and Approval of Disbanding Cultural Arts Advisory Board Accepted Board Resignations 9. CITY COUN¢IL/KEPORT$ 10. CITY MANAOER/DEPARTMENT ,HE~ REPORTS 11. CLOSED SESSION No action a. As per Government Code Section 54957(e) Public Employee Discipline/Dismissal~elease 7:35 p.m. 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 20, 1995 6:30 p.m. Corrected 12/18/95 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Adjourned Meeting of November 29, 1995 b. Regular Meeting of December 6, 1995 . o RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 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. Receipt of Report of November 1995 Disbursements b. Denial of Claims Received from Susan Lanning; Crawford's VCR Repair; and Referral to City Insurance Carrier, REMIF c. Adoption of Ordinance Amending Article 17, Chapter 2, of the City Zoning Code d. Adoption of Resolution Establishing Uniform Time Limit for Restricted On-Street Parking Within the Downtown Parking District e. Adoption of Resolution Establishing Two-Twenty Four Minute On-Street Parking Spaces at 582 N. State Street f. Award of Bid for 12,000 feet of 500 MCM Aluminum Conductor Cable to Champion Ire and Cable in the Amount of $12,625.47 and for 21,000 feet of 397.5 MCM Bare Conductor to King Wire and Cable Corporation in the Amount of $10,315.31 g. Approval of Notice of Completion for Placement of Street Striping 1995, Spec. No. 95-21 h. Authorization to Continue Advertising for One Vacancy on Airport Commission i. Approval of Contract for "Remember Your Relations" Elsie Allen Exhibit and Catalogue, in the Amount of $7,000, and Authorize City Manager to Execute Contract . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. 7. PETITIONS AND COMMUNICATIONS a. Consideration of Letter Received from "Parents for Youth" Regarding 9th-12th grade Boys Basketball Program NEW BUSINESS . a. Adoption of Resolution Committing In-Kind Services for the Performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge, Orchard Avenue Extension, Brush Street Improvement Project and Approval of Budget Amendment b. Discussion and Approval of Disbanding Cultural Arts Advisory Board CITY COUNCIL/REPORTS 10. CITY MANAGER/DEPARTMENT HEAD REPORTS 11. CLOSED SESSION 12. a. As per Government Code Section 54957(e) Public Employee Discipline/Dismissal/Release ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 20, 1995 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Adjourned Meeting of November 29, 1995 b. Regular Meeting of December 6, 1995 , o RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 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. Receipt of Report of November 1995 Disbursements b. Denial of Claims Received from Susan Lanning; Crawford's VCR Repair; and Referral to City Insurance Carrier, REMIF c. Adoption of Ordinance Amending Article 17, Chapter 2, of the City Zoning Code d. Adoption of Resolution Establishing Uniform Time Limit for Restricted On-Street Parking Within the Downtown Parking District e. Adoption of Resolution Establishing Two-Twenty Four Minute On-Street Parking Spaces at 582 N. State Street f. Award of Bid for 12,000 feet of 500 MCMAmuminum Conductor Cable in the Amount of $12,625.47 and for 21,000 feet of 397.5 MCM Bare Conductor to King Wire and Cable Corporation in the Amount of $10,315.31 g. Approval of Notice of Completeion for Placement of Street Striping 1995, Spec. No. 95-21 h. Authorization to Continue Advertising for One Vacancy on Airport Commission i. Approval of Contract with Dorothy Brovarney for "Remember Your Relations" Elsie Allen Exhibit and Catalogue . . . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. PETITIONS AND COMMUNICATIONS a. Consideration of Letter Received from "Parents for Youth" Regarding 9th-12th grade Boys Basketball Program NEW BUSINESS a. Adoption of Resolution Committing In-Kind Services for the Performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge, Orchard Avenue Extension, Brush Street Improvement Project and Approval of Budget Amendment b. Discussion and Approval of Disbanding Cultural Arts Advisory Board CITY COUNCIL/REPORTS 10. CITY MANAGER/DEPARTMENT HEAD REPORTS 11. CLOSED SESSION a. As per Government Code Section 54957(e) Public Employee Discipline/Dismissal/Release 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. o, DRAFT CITY COUNCIL MINUTES Regular Adjourned Meeting Joint City Council/Planning Commission Meeting November 29, 1995 6:00 p.m. The City Council and the Planning Commission convened in a regular adjourned meeting, of which the agenda was legally posted at 6:01 p.m. in the Council Chambers of the Civic Center. The meeting was called to order by Mayor Schneiter. Roll was taken with the following Councilmembers present: Mastin, Malone, and Mayor Schneiter. Planning Commissioners present: Baker, Larson, Pruden, Smith and Chairman Ashiku. Staff present: City Manager Horsley, City Attorney Rapport, Asst. To City Manager Harris, City Engineer Kennedy, Planning Director Sawyer, Senior Planner Stump, Associate Planner Lohse, Administrative Secretary Giuntoli and Recording Secretary Harris. Councilmember James Wattenburger arrived at 6:05 p.m. and Councilmember Richard Shoemaker arrived at 7:40 p.m. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter advised they should proceed through the agenda in the order given, noting this meeting is scheduled to end at 8:00 p.m. He requested that the person whose name ~s given with each agenda item lead the discussion. NEW BUSINESS I. PLANNING COMMISSION PURVIEW, PROTOCOL AND PROGRAMS A. Commission,s role in redevelopment agency projects - Discuss possible ways in which the Commission might become more involved in the review of redevelopment agency projects. (Commissioner Pruden) Councilmembers and Planning Commissioners discussed the review process for land use issue and design review matters pertaining to Redevelopment projects. The City Attorney advised details pertaining to Redevelopment law. B. Demeanor with applicants - Discuss the appropriate limits of questions asked of applicants during decision-making hearings, and consider that questions unrelated to planning or project review should not be asked of applicants or audience members. (Councilman Malone) Councilmember Malone offered his advice to Planning Commissioners as to his perspectives, regarding conduct with applicants and City staff. C. Meeting attendance requirements - Discuss the need for regular attendance by Commission members so as to ensure the presence of a quorum, and, more importantly, so as to ensure the diversity of ideas and dialogue in conducting Planning Commission business. (Councilman Shoemaker) Mayor Schneiter reported for Councilmember Shoemaker in his absence, of his concern for attendance of the Commission, especially after going from a seven to a five member Commission. He feels every effort should be made by Commissioners to attend. Councilmember Malone advised discussion of this topic later in the meeting. He stated we already have the provision for two or three meetings with unexcused absences. He commented if there continuously going to be only a three member Commission, he suggested they have to go back and revisit the notion of having a larger Commission. Reg. Adj. Mtg. November 29, 1995 Page 1 The City Attorney advised under the general heading of Commissions, particularly Planning, it talks about the number of absences allowed and that the Council has to notify the Commissioner, there is a process for it. Commissioner Pruden stated the Planning Commission has only had a three member Commission twice in almost six months. D. Proactive Planning Programs - Discuss ways in which the Planning Commission might involve proactive planning programs and issues in its meeting business, so as not to focus solely on project review and reactive planning. (Mayor Schneiter) Mayor Schneiter and Councilmember Malone offered their advice to the Planning Commission on how to handle difficult issues, as they have served on the Planning Commission. Discussion ensued regarding proactive planning. The Planning Director stated Staff already has four or five policy guidelines or ordinances ready to come to the Commission once they have the final document. Staff has already been working on the priority of the general plan in terms of bringing something forward to the Commission for their review. E. Implementing the new General Plan - Discuss a strategy for implementing the new General Plan, including priorities of programs contained in the Plan. (Commissioner Pruden) The Planning Director reported staff's proposed strategy is take the pool of short term planning programs and develop a prioritization list in respect to their resources. This will address deficiencies in the current code and the current General Plan, which is coming to the Planning Commission very shortly. Councilmember Mastin suggested the possibility of a joint City Council/Planning Commission workshop to cut down on the length of time it's going to take to get this approved. Ii. HOUSING AND DEVELOPMENT CONSTRAINT ISSUES A. "Conditions of Approval" and affordable housing - Consider that the imposition of project enhancements through "Conditions of Approval" by decision-makers increases the cost of housing, and discuss ways to minimize this financial impact on developers of affordable housing. (Commissioner Baker) Commissioner Baker expressed her concerns and personal perspectives regarding the Planning Commission process of conditioning projects, which impacts the applicants and housing supply. Discussion ensued regarding Councilmembers and Planning Commissioners perspectives on how to review projects in a professional manner with City staff, who has the Planning expertise. B. Low and moderate income housing - Discuss ways to reduce the "up front" costs of affordable housing as a way of enticing or encouraging developers to build affordable housing. (Chairman Ashiku) Chairman Ashiku waived Item B. because discussion.of Item A. covered this issue as well. C. Imposition of off-site improvements - Discuss the limits of imposing off-site improvements as "conditions of approval" on projects. (Councilman Shoemaker) Councilmember Malone noted this agenda item was part of the same discussion currently taking place and asked if perhaps the City Attorney could also explain the concept of rational nexus. The City Attorney offered advice on the legal requirements for the review of projects, noting rational nexus has to be proportional to the amount of need the particular project. Reg. Adj. Mtg. November 29, 1995 Page 2 D. Mixing housing with industrial parks - Discuss the topic of mixing residential uses amidst industrial uses, as recently proposed by the Planning Commission in relation to amending the AIP Planned Development Ordinance. (Mayor Schneiter) Mayor Schneiter stated his concerns regarding having residential in a commercial business park and the Planning Commission scope of review and policy regarding this area. Discussion ensued regarding individual perspectives regarding this issue. III. CODE AMENDMENT PROPOSALS A. Outdoor display of merchandise on public sidewalks - Consider amending the municipal code to permit the use of public sidewalks for the display of merchandise by store owners. Currently this practice is not allowed pursuant to §6230 of the Ukiah Municipal Code "Police Regulations". (Chairman Ashiku) Discussion ensued regarding side walk Signs int eh downtown area, government code provisions, public liability issues and a recent planning matter surrounding this matter. B. Use Permit limitations - Consider initiating a review of the various zoning district provisions to narrow the variety of uses currently permitted by approval of a Use Permit. (Commissioner Larson) Discussion ensued regarding the Use Permit process, zoning amendments, conditional uses, code regulation requirements, residential zoning, industrial zoning, commercial zoning, and a possible flexible conditional use permit process. The City Attorney provided legal advice to the Planning Commission surrounding different theoretical scenarios of planning issues. IV. PROJECT PROCESSING ISSUES A. Planning permit fees - Discuss the need to raise planning permit' fees in order to recoup the costs associated with planning permit processing. (Chairman Ashiku) Mayor Schneiter explained he and Chairman Ashiku have discussed the planning permit fees. He explained at budget time, Staff had reported they were in the process of reconstructing all the applications and fees, etc, which addresses this agenda item. He noted the appropriate public hearings will be held after the Planning Commission has done their work to adopt certain fees. B. Appeals of Planning Commission decisions to Council - Consider amending the appeal fee schedule, which is currently $0, as well as establishing criteria for receiving and accepting appeals, in order to discourage frivolous appeals. (Commissioner Pruden) Commissioner Pruden expressed her concern that appeals are taking a tremendous amount of City staff time and is a costly process of which the City does not recover any costs. She expressed her desire to see an appeal fee implemented by. Discussion ensued regarding fee structuring and possible solutions. Mayor Schneiter noted he has not seen any frivolous appeals at the Council level. ADJOURNMENT There being no further business, the meeting was adjourned at 8:04 p.m. CCMIN.214 Cathy McKay, City Clerk, as recorded by Melody Harris, Recording Secretary Reg. Adj. Mtg. November 29, 1995 Page 3 MINUTES OF THE CITY COUNCIL DRAWl OF THE CITY OF UKIAH - December 6, 1995 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: Malone, Wattenburger, Shoemaker and Mayor Schneiter. Absent: Councilmember Mastin. Staff present: Acting City Manager Harris, City Attorney Rapport, Public Works Administrator Goodrick, Planning Director Sawyer, Public Utility Director Barnes, Assistant Redevelopment Director DeKnoblough, Executive Assistant Yoast, Personnel Officer Revheim. Public Safety Director Keplinger, Airport Manager Bua, and Senior Planner Stump. 2. INVOCATION/PLEDGE OF ALLEGIANCE The Acting City Manager delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 3. Proclamation Congratulating The Ukiah Junior Pop Warner Football Team For Winning a Playoff Berth in The Pop Warner National Championship Games in Orlando, Florida Mayor Schneiter read the Proclamation and presented it to Head Coach Brad Shear, which honored the very successful Pop Warner season. Mr. Shear accepted the Proclamation and thanked the City for their continued support. 4. Approval/correction of Minutes of Regular Meeting of November 15, 1995 M/S Shoemaker/Malone approved the minutes of the regular meeting of November 15, 1995, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. 5. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. CONSENT CALENDAR M/S Shoemaker/Malone approved the Consent Calendar as follows; 6a. Approved the cancellation of the regular meeting of January 3, 1996, due to holidays. 6b. Awarded the bid for 4" Portable Sewer Pump to Thomas and Associates in the amount of $14,988.19. 6c. Received and filed report regarding purchase of (20) Motorola Minitor pagers from Masterson Communications in the amount of $6,021.23. 6d. Approved revised job descriptions and salary range adjustments for Maintenance Custodian and Airport Assistant positions with funding authorized from Fund Balances of General Fund (#100) and Airport Fund (#600), respectively. 6e. Adopted Resolution No. 96-28, declaring obsolete items as surplus. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS Reg. Mtg. December 6, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 9a. Consideration to Purchase New Cat 627f Self Loading, Auger Scraper For Earthwork Operation at Municipal Landfill Site, Authorize Personnel Modification And Funding Transfer 9ai.Adoption of Resolution Authorizing Purchase of Cat 627f Scraper The City Engineer reported on the recommendation by staff to purchase a scraper because the current service provider will not be available for hire after April, 1996, and there is a lack of available sources with the required type of scraper at a reasonable hourly rate. He presented overhead slides providing analysis regarding hourly operational costs, estimate of funding for City owned scraper and operations at landfill, cost comparison and calculations for City or contracted service operations. He reported on City staff inspection of the Redding operations and equipment. He explained the cost associated with the purchase package recommended by staff. He detailed the hourly operational cost for new 627F Scraper with Auger and funding analysis. Discussion ensued regarding leasing recommendations and impacts to water runoff at the landfill. Councilmember Shoemaker complimented staff for the thorough report and financial analysis. M/S Shoemaker/Wattenburger to adopt Resolution No. 96-29 authorizing purchase of CAT 627F, self loading Scraper/Auger and authorized the Mayor, Director of Finance, and City Attorney to execute the necessary lease and financing documents; 2) authorized a full-time position of Scraper Operator at Range 38 for the Municipal Solid Waste Landfill, and 3) authorized transfer of $64,217 from the Gas Collection Project line item for Scraper operational expenses. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. PUBLIC HEARING - 7:00 P.M. 7a. Introduction of Ordinance Amending The Off-street Parking And Loading Requirements Contained in Article 12, Chapter 2 of The Ukiah Zoning Code The Senior Planner reported on the proposed zoning code amendments which are associated with the recently adopted Downtown Parking Improvement Program and provided an update. PUBLIC HEARING OPENED - 7:09 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:10 p.m. M/S Malone/Wattenburger to adopt the negative declaration No. 94-39, declaring these minor amendments to the City Zoning Code will not have significant effects on the environment. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. Council queried staff regarding parking space exemption wording for new businesses, change number of bicycle parking space requirements from 3 to 5, and in-lieu fees and process to implement. The Acting City Manager stated the change from 3 to 5 spaces does not require referring back to Planning Commission. M/S Wattenburger/Malone to read the title only of the proposed Ordinance for the first reading. The motion was carried by a unanimous voice vote of ALL AYE. The Executive Assistant read the title only of the proposed Ordinance. Reg. Mtg. December 6, 1995 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 M/S Wattenburger/Malone to introduce the Ordinance Amending Article 12, Chapter 2, of the Ukiah City Zoning Code-Off Street Parking and Loading. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. 7b. Appeal of Planning Commission,s Decision to Deny Appeal of City Engineer Condition of Improvements for a Minor Subdivision No. 95-38 as Filed by James Lohr, to Provide off Site Street Improvements, for Property Located in R-1 Zone, at 400 Cypress Avenue Councilmember Shoemaker excused himself from the meeting at 7:17 p.m., due to a possible conflict of interest. The Associate Planner reported on the history of this minor subdivision project, that was considered by the Planning Commission on October 25, 1995, as an appeal of the City Engineer's Condition of Approval No. 5. He explained this condition requires that specific improvements be constructed by the applicant or developer of the project site along unimproved portions of Cypress Avenue and Pine Street that are dedicated to the City of Ukiah. He further reported on the Planning Commission recommendations, the request by the appellant, Mr. Lohr, and City staff recommendations. Discussion ensued relative to City-owned property and the applicant's property, with a map and overhead illustrations. The City Engineer explained the reasoning of the conditions placed on this project. Council queried staff regarding the placement of garbage cans, and City Engineer stated that the circular design of the required curb and gutter would permit placement of the garbage cans behind the curb. PUBLIC HEARING OPENED - 7:30 P.M. Jim Lohr, 1022 W. Standley, distributed drawings showing his proposed solution to this appeal of Condition No. 4, which is noted as Condition No. 5. In the agenda summary report. He explained his understanding of the code. He feels the City cannot ask for improvements unless they are reasonable and that his proposal makes more sense than staff's recommendation because it lessens the confusion for the property's served, and explained his reasoning. He stated he agreed to pave the area fronting his property as part of the proposal and if the Council approved, he would raise manholes as noted. Jeff Truette, 807 Maple Avenue, stated if one house was to be built on this property there would be no requirements for curb, gutter, and sidewalks. He noted this property is neglected by the City of Ukiah. The requirement for the curb and gutter to go 90 degrees makes more sense with the manhole to be taken care of. He commented it makes more sense with the new plan as it creates two separate driveways. He noted he feels if there is a requirement to extend the sidewalk, the City should share in the cost for improving this area. PUBLIC HEARING CLOSED - 7:40 P.M. The City Engineer explained a new residence is required to improve sidewalks and streets as per Policy Resolution No. 5 provisions. He explained minor subdivision requirements and conditions and public street and drainage standards, and presented overheads depicting his analysis of the project. Council queried staff regarding drainage runoff, curbing requirements, possible compromise situations for the two proposals. The City Attorney advised Council of the options to affirm, reverse or modify the condition that has been appealed, explaining that if the applicant's design if approved then Council would be modifying Reg. Mtg. December 6, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 the condition. M/S Malone/Wattenburger to modify the appeal to approve the applicant's drawing submitted this evening, subject to conditions 1 - 17 as previously approved by the Planning Commission. These conditions include amendment of Condition 16 to read "Special Conditions 4, 14, and 17", instead of "Special Conditions 5, 15, and 18.." ; with modification of Condition 4 to require that street improvements be completed in conformance with the design submitted by the applicant and deleting the wording "The curb and gutter alignment shall be circular along the frontage which shall join existing curb and gutter. The applicant shall provide for and construct a common driveway approach for the proposed twenty-foot wide private road and the existing driveway to the east of the project site." The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin and Shoemaker. Councilmembers Malone and Wattenburger commented the City should finish the remainder of the sidewalk. Recess - 7:56 p.m. Reconvened - 8:01 p.m. 7c. Appeal of Planning Commission,s Decision to Deny Use Permit Amendment Application No. 95-48, as Filed by Plowshares, to Modify the Special Conditions for Use Permit 92-20 to Permit the Operation of the Dining Room on Specific Weekend Days During the Year, for Property Zoned R-1 Single Family Residential at 150 Luce Avenue Councilmember Shoemaker returned to the meeting at this time. The Associate Planner reported on Use Permit Amendment No. 95-48 which was applied for and denied by a 2-1 vote by the Planning Commission on November 8, 1995. He reported the original use permit denies use of facility on weekends and the recommendation of Planning Department has to approve the request of Plowshares with amended conditions. On November 8th, the Planning Commission denied by a 2-1 vote. He reviewed possible options. Council queried staff regarding the original request and procedures for approval. PUBLIC HEARING OPENED - 8:09 P.M. Elaine Taylor, President of Plowshare Board of Directors, requested that Council to approve this appeal as they have attempted to be good neighbors, at all times. She explained they are proud of the work they do, such as last month when they provided 2,400 meals, with shower and laundry facilities available. Martin Bradley, 620 Malaga Drive, supports Plowshares and spoke to the social responsibility of the City to accommodate this beneficial service, as legally allowed. Cheryl Baker, 750 N. Pine St., former director of Plowshares, explained this agency is well supported by this community and Plowshares is a good neighbor. She requested Council consideration and compassion for the welfare of the community, and to grant this appeal. Carl Haley, noted he has been a member of this community for 40 years. He noted his father came here for two reasons, the work and the people here, and he indicated he supports Plowshares efforts. Cathy Cobill, 150 Luce Street, explained she is now homeless, and without Plowshares, she not be able to take a shower to look for a job. She explained that Plowshares is the only family she has right now and wants to be with them on Christmas. Reg. Mtg. December 6, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 Alan Seiver, 180 Luce, neighbor to Plowshares, explained the neighbors agree to be open on December 23 for the Christmas dinner, but we are afraid they are looking for a foot in the door for weekends. Carol Brodsky, Director of Plowshares, reported on the past services of Plowshares, noting current support services are waning, and provided statistics as to the numbers served. She encouraged reasonable solutions to the proposed 4.5 hours per year increase in our operating hours. She addressed the issues of Police calls for service in the area compared to other neighborhoods. She addressed the staff parking matter. She feels they have the most restricted business operations in the community as they must prepare, serve, and clean up in four hours with guests eating in 45 minutes, so they can be good neighbors. Alec Thomas, pear grower, 1202 Vichy Springs Road, stated he feels that adding 3 days is a silly exercise in frustration to have our elected and paid officials to have to worry about, given the value this operation gives to our valley. He explained our family has been involved in many services and cannot think of another one that gives this level of service. He explained that homeless people do not cause problems, as there are a number of folks who live under the bridge close to their home, and they have never been a problem to them. Suzanne Jackson, 140 Lucerne Avenue, to add to the list of police calls there are also calls for alarms going off. She indicated she does not want to have to clean up their garbage around her yard, and would like to find a better location for this service. Christin Lazare, stated she lives in a van and her family is in Arkansas. She wants to allow Plowshares clients to spend the holiday with their family. Patricia Haley, volunteer at Plowshares who works three Tuesdays a month, stated we are very sensitive to the concerns of the neighbors. She urged Council approval of this appeal. Frank Zotter, 707 Dora Avenue, stated for five years he lived on South Street, immediately perpendicular to Luce, and during that time we never had any problems with people who used Plowshares. People did park in front of our house during mealtimes. He spoke to other residential areas he has lived in, with schools and mini-storage customers that create more problems for him than Plowshares. Mr. Seiber, 180 Luce Avenue, stated he approves of use for Christmas but is worried about them getting their foot in the door for weekend service. He expressed concern regarding fundraising events on weekends, shower use by walk-ins, and health care services being provided at this site. He urged approval of only December 23 meal service. Shawn Newman, noted he is homeless from Idaho due to no promised job and with the help of Plowshares, he has a place to eat and a place to shower. Jean Harmon, Plowshares volunteer, has found it ,a very warm experience which shows me why Ukiah is the 6th best City in the United States. She encouraged the neighbors to come and assist too. She suggested as this service is very needed maybe we should find another location. Evan Lee, 175 Luce Avenue, stated we are not trying to close Plowshares, we are only trying to avoid 3 weekends, not Christmas. She encouraged observation of Plowshares at other times in the year. Sister Jane Kelly, 991 South Dora, stated she has never stated they want to be open seven days a week. Explained what all that they have done for their neighbors. She encouraged observation at any time as she is proud of their clean operations. She noted all they are Reg. Mtg. December 6, 1995 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 asking for is 3 days out of 103 days, which is alittle over 6 hours of operation. James, who lives on Waugh Lane, stated he went homeless overnight. He spoke to the issues of living homeless with HIV, and is not homeless anymore and Plowshares has been a great place for me, and it is always very clean. Suzy, 180 Luce, addressed the missing bike replacement issue and we are that we are not here to take away Christmas. She addressed the neighbors past concerns surrounding the use permit and feels there are detriments to the surrounding neighborhood for this operation. Patricia Haley, clarified there are a couple of other new businesses on the street that create parking, noting all activities are done in the short time period the facility is open. John McCowen, PO Box 454, is attending to hear the issues and noted no one questions the services of Plowshares are valuable. He noted there has been expanded use and recommends that they be given one weekend for use, with staff approval. PUBLIC HEARING CLOSED - 9:15 P.M. Councilmember Shoemaker questioned Carol Brodsky regarding Christmas versus three days. Ms. Brodsky answered that we requested December 23 only but in conversation with Dave it was decided it would be simpler and less hassle if we came up with a maximum number of days. Emphasized if you decide to go with this appeal, we are not guaranteed those days. We are asking for the Planning Director to have the ability to approve a maximum 3 days per year. He has the option of turning them down. Discussion ensued regarding future holiday dinner dates,~ three days and possible conflicts, support for providing service to the majority of citizens, and more positives which outweigh the negatives. M/S Wattenburger/Malone to uphold the applicant's appeal with the following findings that 1) The project conforms to the conditions of approval for previously approved discretionary actions required to permit the operation of the Plowshares facility; 2) A negative declaration was prepared for the previous Use Permit 92-20 and approved by the Planning Commission on April 14, 1992, that reviewed weekend operation of the dining room and determined that no significant adverse impacts would be generated by, or associated with this operations and 3) The establishment, maintenance, or operation of the dining room portion of the Plowshares facility during specified weekend hours will not be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, or be detrimental to property or improvements around the site, or be harmful to the general welfare of the City, because it is a minor expansion in the hours of operation of an existing use that has been allowed by previous discretionary review and approval; with the following amendments to Use Permit 92- 20 Condition No. 1 - All applicable conditions of Use Permit No. 85- 12 shall remain in effect, with the exception of Condition No. 2, which shall be deleted; and Condition No. 7. - The hours of operation for the office, shower facilities and laundry facilities shall be from 7:00 a.m. to 7:00 p.m., Monday through Friday, and from 9:00 a.m. to 7:00 p.m. on weekends. The public use of the dining room facility shall be from 11:30 a.m. to 1:00 p.m., Monday through Friday, unless weekend preparation of the dining room facility is permitted by the Director of Planning as part of a program to provide meals during special events or holidays. The number of weekend days permitted by the Planning Director shall be restricted to a maximum of three days during the calendar year. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. Reg. Mtg. December 6, 1995 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 UNFINISHED BUSINESS (Continued) 9b. Adoption of Resolution Approving Ukiah Valley General Plan The Planning Director presented an overview of the general plan update project history. He explained the new draft has been reviewed by staff and Councilmember Malone. He reported after looking at the text as originally existed on air quality, staff agrees that possibly too many deletions were made, and therefore the Council should look at those revisions with an eye on the earlier draft. He recommended that in the interest of closure on this project, approval of the general plan by Council at this time with the previous original wording of the Air Quality Element is received. He explained any problem areas will be reviewed by staff. He noted that the state allows for four amendments per year. Discussion ensued regarding timing of the Airport Master Plan, future general plan amendment procedures, Air Quality Element discussions during the hearings, and previous expert testimony. Mayor Schneiter indicated he agrees with the staff recommendation to approve the previous Air Quality element draft and have staff come back with revisions, in the future. A representative from Brandt-Hawley & Zoia Association of Attorneys, read a letter dated December 6, 1995 into the record concerning the retention of their from by the citizens for Adequate Review regarding their concerns for significant proposed changes to the Air Quality Element of the Ukiah Valley General Plan. David Faulkner, Air Pollution Control for County, recommends Council follow Mr. Sawyer's recommendation. Adam Freeman, 3 Spanish Mountain, stated Walmart issues raised concerns regarding an air quality study in this valley. He stated he supports staff's recommendation and looks forward to working with City staff regarding possible future amendments. John McCowen, Clay Street, noted how to quantify and measure our air quality is a very difficult task, but knows that once we lose our air quality, it will be obvious to everyone. Mr. Androtti, Cypress Street, showed a picture of the valley in a morning. He encouraged the Council to go to Low Gap Park or the surrounding hills in pre-dawn in the fall and look at the valley. He stated he feels there is a correlation between wood-burning smoke allowance and cancer. Council proceeded with their review of the draft Ukiah Valley General Plan. The City Attorney advised Council of adequate review for approval of the document, as a public process and noted a clerical correction is allowable. Discussion ensued regarding previous Council amendments during the public hearing process. Council requested corrections to typographical errors which did not effect the meaning of the subject. M/S Malone/Wattenburger to adopt Resolution No. 96-30 approving and adopting Ukiah Valley General Plan with the original language, deleting the strike-out shaded text of air quality section, thereby adopting original text submitted to the Council in September 1995 pertaining to the Air Qualit~y Element and to include the small corrections made this meeting. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. NEW BUSINESS Reg. Mtg. December 6, 1995 Page 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 10a. Presentation of Preliminary Draft "Nondisposal Facility Element" (NDFE) Prepared by Mendoclno Solid Waste Management Authority (MSWMA) on Behalf of the City of Ukiah The Public Works Administrator reported that the California Resources Code requires the City to prepare and adopt a nondisposal facility element for all new nondisposal facility which shall be used by the City to reach its SRRE. She explained The NDFE was prepared by Mendocino Solid Waste Management Authority on behalf of all the jurisdictions. She noted comments by the Council on the NDFE is requested so they may be forwarded to MSWMA for final drafting of the document, of which the final document will come back to City Council for adoption. Council discussion ensued regarding facility wording and permitting processes and made general comments regarding this document. 10b. Adoption of Resolution Electing CALPERS Health Plans for the Management Unit The Personnel Officer reported at the last Council meeting adopted the MOU for the Management unit~ which contains a provision that we provide CALPERS, therefore this action is needed by Council to finalize this matter. M/S Wattenburger/Schneiter to adopt Resolution No. 96-31, electing to be subject to Public Employees' medical and hospital care act only with respect to members of the management unit and fixing the employer's contribution for employees and the employer's contribution for annuitants at different amounts. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. 10c. Approval of Loan to Ford Street Project for Purchases of Grant Funded Computers and Authorization of Budget Amendment The Assistant to the City Manager reported that the Ford Street Project has requested a loan for $18,500 to assist in implementing the Supportive Housing Program which would be used for computers and training to begin the project. He explained all of the monies will be repaid by June 30, 1996 with $10,500 to be received in February 1996. He explained that repayments are to from the federal grant awarded to the County and Ford Street for this project. He reported this loan will be funded from fund 335. M/S Schneiter/Wattenburger to approve $18,500 loan from Fund 335 "Community Development Commission" to the Ford Street Project for purchase of grant funded computers, with repayment completed by June 30, 1996. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. 10d. Discussion Regarding Compensation of City Manager Position The City Attorney advised this items of business will be addressed after discussion in Closed Session. 10e. Adoption of Resolution Approving MOU for Department Head Unit The City Attorney advised this items of business will be addressed after discussion in Closed Session. 11. CITY COUNCIL/REPORTS Councilmember Malone - None. Councilmember Wattenburger - Expressed his appreciation to the Pubic Safety Department volunteers who painted the interior of their administration area of the Civic Center; and reported an anonyi0ous Reg. Mtg. December 6, 1995 Page 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 6, 1995 donation to Public Safety "Are You Okay Program". Councilmember Shoemaker - Reported on the MCOG meeting he attended regarding the issue of water; noted he attended the AIDS event, and reminded Council of the upcoming January 27, 1996 Redwood Empire Division meeting in Cloverdale. Mayor Schneiter - Reported on the joint powers agency water meeting he attended and noted City representation and legal counsel will upcoming matters for Council consideration; and noted the need for a courthouse planning committee City representative due to a letter he received from Supervisor Sugawara. Councilmember Wattenburger agreed to attend as a City representative. Mayor Schneiter requested city staff to'Write a letter to Supervisor Sugawara informing them of that Councilmember Wattenburger will sit on this committee. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS The Assistant to the City Manager reminded Council of the Employees Christmas Dinner and awards ceremony this Friday night. CLOSED SESSION Council entered Closed Session at 10:35 p.m. to consider the following matters. 13a. As per Government Code Section 54957.6 - Conference with Labor Negotiator, David Rapport, city Attorney, Regarding city of Ukiah Management Unit 13b. As per Government Code Section 54957.6 - Conference with Labor Negotiator, Mike Harris, Assistant to the city Manager, Regarding City Manager Position Council came out of Closed Session at 10:55 p.m. 10e. Adoption of Resolution Approving MOU for Department Head Unit M/S Shoemaker/Malone to adopt Resolution No. 96-32, approving the Memorandum of Understanding between the City and Department Head Unit. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. 10d. Discussion Regarding Compensation of city Manager Position M/S Shoemaker/Wattenburger to approve retaining the City Manager's compensation above the level of the Assistant city Manager as defined in the just approved Department Head Memorandum of Understanding. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Mastin. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 10:56 p.m. CCMIN.215 Cathy McKay, city Clerk as recorded by Karen Yoast, Executive Assistant Reg. Mtg. December 6, 1995 Page 9 ITEM NO. 50 DATE: December 20, 1995 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS MADE DURING THE MONTH OF NOVEMBER 1995 Payments made during the month of November, 1995, are summarized on the attached Register of Payroll and Demand Payments. Further detail is supplied on the attached Schedules of Bills, representing the three (3) individual payment cycles within the month. Accounts Payable check numbers: 74295 to 74648. Payroll check numbers: 62420 to 62808. This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7. RECOMMENDED ACTION: Approve attached Report of Disbursements for November 1995. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kimberly Sechrest Attachments: Report of Disbursements APPROVED: Candace Horsley, City Manager AGENDA. WPD/kra ~O000000q~O~O~O~O~O00~O ~NZU~ m < 00~ ZCm ~0 CITY OF UKIAH REGISTER OF PAYROLL AND DEMAND PAYMENTS DATE: NOVEMBER 1995 Demand Payments approved: Check No. 74295 to 74648 inclusive. FUNDS: 100 120 140 141 142 200 220 230 260 300 315 320 332 400 405 410 550 575 600 618 611 612 640 652 660 General Fund Capital Improvement Park Development Museum Grants National Science Foundation Asset Seizure Fund Parking Dist. Rev. Fund Parking Dist. #1 Rev. Fund Downtown Business Improv. Gas Tax Airport Capital Improvement Airport Clear Zone Fund Federal Emergency Grant Recreation Enterprise Youth Services Ukiah Conference Center Fund Lake Mendocino Bond Garage Airport Flood Damages Sewer Construction Fund City/District Sewer San. District Revolving Fund Redip. Sewer Enterprise Fund Sanit. Disp. Site $243,067.45 662 663 665 $1,085.60 670 $2,844.58 675 $7,286.71 678 $511.03 680 693 695 $12,365.00 696 697 698 $13,695.00 800 805 $570.17 820 $12,720.10 920 $666,101.19 910 $10,092.47 900 $17,203.16 940 $142.64 950 $496,250.59 960 $14,096.69 962 $334.96 965 966 $9,672.26 310 JPA/LTF Fund Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Liability Fund Worker's Comp. Fund Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Special Aviation Fund PAYROLL CHECKS NO. 62420 to PAYROLL PERIOD 10/22/1995 to PAYROLL CHECKS NO. 62611 to PAYROLL PERIOD 11/05/1995 to 62610 TOTAL 11/4/1995 TOTAL 62808 TOTAL 11/18/1995 DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on $42,326.44 $508.84 $85,006.33 $229.87 $2,271.73 $66,408.09 $11,936.88 $4,939.63 $493,143.28 $10,922.42 $41,649.46 $512.28 $29.58 $56,482.48 $878.40 $7,326.93 $154,861.63 $282,012.67 $2,769,486.54 $141,418.25 $333,412.72 $3,244,317.51 City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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DATE: December 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Deny Claim s for Damages Received from Susan Lanning and Crawford's VCR Repair, and Refer to City Insurance Carrier REMIF The claim from Susan Lanning was received by the City Clerk on December 1, 1995, for alleged damages from a broken water line occurring July 24, 1995. The claim from Crawford's VCR Repair was received by the City Clerk on December 8, 1995, for alleged damages from an electrical power surge occuring on November 17, 1995. RECOMMENDED ACTION: Deny Claims for Damages Received from Susan Lanning and Crawford's VCR Repair, and Refer to City Insurance Carrier REMIF ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by City Risk Manager. Acct. No. (if NOT budgeted): N/A Acct. No. N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Claimants Prepared by: Cathy McKay, City Clerk Coordinated with: Candace Horsley, City Manager Attachments: Susan La_nning and Crawford's VCR Repair Claims Candace Horsley, Cit[Manager 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. },~UO~,~,~O RETURN TO: City Clerk's Office [}[['.. .1. 1995 City of Ukiah 300 Seminary &venue Ukiah, California 95482 CITY CLERK tJEP'AH I MEN'I 1. CLAIMANT ' S NAME · · Number/Street and Post office Box ~ City State Home-Ph6~eNdmber Work Phone Number NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING CLAIM SHOULD BE .SENT (if different than above): Zip Code THIS · · · · DATE OF THE ACCIDENT OR OCCURRENCE: ~_~ ~ I.,~,'. ~i I~F',-%_ o. occum . c .: g 4 GENE~L DESCRIPTION OF THE ACCIDENT OR OCCU~ENCE (Attach additional pages if more space is needed): . N~ES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: 8. NAMES AND ADDRESSES OF WITNESSES (optional): BA NAME ADDRESS TELEPHONE 9. NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 11. 12. TOTAL AMOUNT CLAIMED: 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 spe~!al damages: Prospective. general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. DATED: ! SIGNATURE OF CLAIMANT (S) Received in City Clerk's Office this gf~day of ~C. ~ ,,- ' th f NOTE: This form of claim is for your convenience only, and any o er type o form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3:FORM\CLAIM Rev: 3110195 TO 1880 Oak Gr'ovo. D~ive REDWOOD VAI.L,~Y CA ~r,~l-'~, (707) CA C.~ntr. LIc. 11.1.0 PLEASE INDICATE THE ABOVE NUMBER WHEN ORDERING ~"~:)UOTATION DATE SALESPERSON 1 !'-;;-"~!' INQUIRY DATE INQUIRY NUMBER ESTIMATED SHIPPING DATE DESCRIPTION QUANTITY TERMS PRICE AMOUNT WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLAC~/~N ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION ...... IS SUBJECT TO THE CONI~ITIONS PRINTEDON REVERSE SIDE,AND IS VALID FOR · " DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. . ACCEPTED DATE  40% Pre-Consumer Content · 10% Post-Consumer Content ,.o~c,.3~?,<..,o,..,,., o.,,.,oO,~,~_E,~.~.EE,-.~ ACCEPTANCE NOTICE OF CLAIM AGAINST TI-IE CITY OF UKIAI-I, CAI,IFORNIA 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 '--~.~i~.~F~r/jl%fr~ RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 1995 i$1 i ~ :LEN~ D:PAHI'MENT · · ~unber/Str~et and Post Office Box ~zty Zip Code Homo Phono ~umbor ~ork Phone · · · · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SEN~T (if dif~e~nt than above): //- ~c~ o~ ~.~ ~cc~.~ o~ o~c~.c~: .,//z~ s. ~~~ GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional Dages if more _spa_ce.is ~ee~ded): ~>69~t~ ~ · · · NAMES, IF KNOWN, Oy.ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: ./~"/V~ ./ NAMES AND ADDRESSES OF WITNESSES (optional): NAME~/~ ADDRESS TELEPHONE Ao NAMES AND ADDRESSES D CTORS/HOSPITALS WHERE TREATED: A· ADDRESS TELEPHONE 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, 11. 12. TOTAL AMOUNT CLAIMED: THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall b~.presented not later than one (1) year after accrual of~he cau~/6f action. Rec~..ived in City Clerk's Office this day of 19 ¥~. ~'' ~ NOTE: This form of claim is for your convenience only, 9nd any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3:FORM~CLAIM Rev: 3110195 i1MCM ELECTRONI[~S SALES OFFICE: (SEN 1 ERVILLE'. OHIO .4E:~15o~4072 1-800-543-4330 DAYTON, OHIO (513) 434-0031 FAX {513) 434-6959 DISTRIBUTION CENTER 505 VISTA BLVD. SUllE 103 SPARKS. NEVADA 89434-9620 IilRL).NO. }04825 SHIPPER NO. r~t,.J 9 0E2.~5 · .pege I fKG ID:II= 855544 '~ ":...:C 1 ~ 7~ ~ FED. TAX ID, 34-~332~ . ,' 'SHI,~R~IFORDS UCR REPR ) R 707-46B- 1~?1 ']. I 96-585 111. 00 . . ,.,,,~ '~ . .,,. .... . ,..~.,,,: .:~;.., , ' . :' . .',.. '.'~~ ~~}..:,.;~4' .';, .:',.,:,': I ." ' INVOICE TOTAL ..... r-*' ~. ~' a ...... , , ....... , . ~. ',,'. ~- r '- .... . .... · '-'( -' ' r. ,%.~' '%t,~' ' .... .3 -~ ~' ¥~' ..'~'~-* '.~¢. · 111.00 111.00 .00 .00 10.50 121 .SU OF MENDOCINO COUNTY I P. O. BOX 3600 · UKIAH, CALIFOFINIA 95482 TELEPHONE (?07) 462-6613 December 1, 1995 Hr. Steven C. Crawford Crawfordts VCR Repair 1128 S. State St. Ukiah, CA 95482 RE: Zon Jr Plus Te~ntnal Pricing' Dear Hr. Crawl~ord, ?, This letter is in response to yoUr""inqUi.rY regarding the cost of replacing your Zon Jr Plus terminal 'uSed' for processing your HasterCard and VISA bankcard transactionn. The Zon Jr Plus terminal is no lo.,a, ger aV. atlable with the current processor. You would have to upgride,.;t0~'.at i:'least a Zon Jr~J~l~ terminal which is priced ~rlth the' CUrrent'.proceSsor at ~0.00,~) plus shipping/handling and ta~ (pr'bgraa~Ltns tenainal is~onal). The Zon .Ir Plus 'tez~inal is avail~bl~:::.~th our new processor. However, you have not been con?erred' .:t0;'the new processor as yet. l~e cost of the gon Jr Plus Wt~h the new processor In case you are curious about' ther COSt'to upgrade your terminal ~rith the current processor: Tranz 330 teruLtnal -. $'~18~'75 pl..~s~.shipping/handling/tax VR250 printer (optional) -'$331.25 plus shipping/handling and tax If you have any questiOns, please call.~e at 462-6613, ext. 277. I will be glad to help you, Sincerely, Ruth M. Conroy Merchant Bankcard Department . · ;,,~, '." ,~.:., ,. ;', , '. ;,,'; ' ".,. ~:i., i"' '"; · -:, ~.. f" ,,. !: . : 1,~.:':~.~...~,~,; ~.".,. ~,. ,. , ~ ~ , ~, ~,~ ,?; ,,, ~, ~ ~ . .. ,~, ' ~ ' ...., ,~, ...~,,.,,_~. '~...-. ~'.".,,,~. :.C~ ~,'t~ "::, ' ' ' ·. ~.~' .' ,;, - ,, . ~,. :,,~,. ~?~,,,,~,.a~g:..~~- ..,....~:.~ ~ .,.;.. f. ..... -' ~ 'l~-~l~ -= _ ' -- ~ - ~ta~· ,w.~'~.,:~-..,.~.a,,,.~.,,i~l:~i,l~ L · l~.Z 33 m ..im m ir-.mm or..~ rrl m _1m rn 1995 ITEM NO. 5c DATE: December 20:1995 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING ARTICLE 17, CHAPTER 2, OF THE CITY ZONING CODE SUMMARY: On December 6, 1995, the City Council voted 4-0 to introduce an Ordinance amending Article 17, Chapter 2 of the City Zoning Ordinance (Off-Street Parking and Loading). The amendments are intended to implement the provisions of the Downtown Parking Improvement Program. In taking their action, the Council made one (1) modification to the proposed Ordinance. Consensus was reached to change the bicycle parking exemption from one (1) vehicle parking space per three (3) bicycle parking spaces to one (1) vehicle parking space per five (5) bicycle parking spaces. This change has been incorporated into the Ordinance, which is attached for the Council's review and adoption. RECOMMENDED ACTION: 1. Adopt the attached Ordinance amending Article 17, Chapter 2 of the City Zoning Code. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the proposed Ordinance Acct. No. (if not Budgeted): N/A Acct. No.: (if budgeted) Appropriation Requested: N/A Citizen Advised: No Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager, Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: 1. Final version of the Ordinance amending Article 17, Chapter 2, Sections 9198(B) and 9199 of the Ukiah City Code APPROVED: ca-ndace Horsley,'Ci~y Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 17, CHAPTER 2, OF THE UKIAH CITY ZONING CODE - OFF-STREET PARKING AND LOADING The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Ukiah City Code Section 9198(B), NUMBER OF PARKING SPACES REQUIRED, is amended to read as follows: B. Retail, Commercial and Service Uses: 1. Retail stores, offices, commercial banks, savings and loan offices, food stores, drug stores, appliance repair shops, and similar uses: one parking space for each two hundred fifty (250) square feet of gross leasable space except within the City of Ukiah Parking District #1 boundaries where the requirement is one parking space for each three hundred fifty (350) square feet of net leasable space. (Differential is result of available public parking provided within the district). Similar uses having drive-up windows or drive-through facilities shall have stacking area for five (5) vehicles. SECTION TWO Ukiah City Code Section 9199, EXEMPTIONS FROM OFF-STREET PARKING REQUIREMENTS, is amended to read as follows: A. Existing Commercial Structures: 1. All existing commercial structures as of January 1, 1979 within the area defined as the City of Ukiah Parking District No. 1, shall be exempt from the required off-street parking requirements prescribed in (Section) 9198. This exemption applies to changes in the structure, a sale of the property or business or expansion into existing structure space. New commercial construction including demolition, reconstruction, structural additions and existing or new residential uses within said district are not exempt. The exemption provided in this Section does not require variance approval by the Planning Commission or the City Council. B. Bicycle Parking Facility Exemption: 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. A parking space exemption may be granted to projects involving new construction at a rate of one (1) vehicle space for every five (5) bicycle spaces provided. This exemption shall not exceed two (2) vehicle parking spaces per parcel. A bicycle parking space is a designated area with a facility designed for the parking and securing of bicycles. C. In-Lieu Fees: 1. Owners of property (a single parcel or combination of contiguous parcels) smaller than 7000 square feet in area may pay an in-lieu parking fee rather than providing all the required on-site parking spaces. The increased developable portion of the parcel that would have been used for vehicle parking spaces, shall not be solely used for structure(s) or building expansion. A reasonable amount of the area, as determined by the City Design Review Board, shall be landscaped and/or developed as an outdoor component of the project. 2. Owners who propose to construct, demolish, reconstruct or make structural additions to a commercial structure on a parcel of land consisting of less than 7000 square feet may elect to pay a fee in-lieu of providing on-site parking spaces as provided in Section 9198. The actual amount of the fee per parking space shall be established pursuant to Sections 9542 and 9544 of the Ukiah Municipal Code. 3. All in-lieu fees for parking purposes shall be used by the City of Ukiah for the construction or improvement of automobile or bicycle parking facilities or alternative transportation facilities at an appropriate time which serves the employees and customers of the commercial area within Parking District No. 1. 4. Prior to the issuance of a building permit, the property owner shall pay the required in-lieu fee to the City. SECTION THREE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR This ordinance shall become effective 30 days after adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PASSED AND INTRODUCED this 6TH day of December, 1995, by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter NOES: None ABSENT: Councilmember Mastin ABSTAIN: None PASSED AND ADOPTED this 20th day of December, 1995, by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: Mayor Fred Schneiter ATTEST: City Clerk Cathy McKay ITEM NO. Sd, DATE: DECEMBER 20, 1995 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ESTABLISHING UNIFORM HOURS DURING THE DAY FOR WHICH RESTRICTED ON-STREET PARKING WITHIN THE DOWNTOWN PARKING DISTRICT ARE EFFECTIVE The Traffic Engineering Committee received a request from the Public Works Superintendent that restricted on-street parking within the Downtown Parking District be effective during uniform hours of the day for purposes of efficient enforcement and sign maintenance and replacement. Currently there are several different periods of time during the day when the parking restrictions for designated on-street parking are applicable making enforcement and sign inventory inefficient. The Committee, at their November 14, 1995 meeting, recommended that the parking restrictions for designated on-street parking within the Downtown Parking District be effective Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding Holidays. The Assistant Redevelopment Director has reviewed the recommendation and determined that the recommended enforcement/effective period is consistent with the provisions of the Downtown Parking Improvement Program. The Downtown Merchants Association and the Main Street Program have been appraised of this proposal and are in concurrence. RECOMMENDED ACTION: Adopt the Resolution establishing uniform hours during the day for which restricted on-street parking within the Downtown Parking District are effective. ALTERNATIVE COUNCIL POLICY OPTIONS: Establish other enforcement period. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Traffic Engineering Committee Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer ~-' Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposed Resolution. 2. Memorandum from Public Works Administrator. 3. Excerpt of Adopted Downtown Parking Improvement Program. APPROVED: ~ Candace Horsley, City l~lanager R:lXl~/:kk APARKING M.E.M.O.R.A.N.D.U.M DATE: TO: FROM: RE: October 25, 1995 Rick H. Kennedy, Director of Public Works/City Engineer Jim Looney, Public Works Superintendent ~, PARKING LIMITS ' At present there are variations in the hours of the day that limited parking is effect. As you pass from one block to another, parking time limit restrictions can change from 8:00 a.m. to 5:00 p.m. on one block to 9:00 a.m. to 5:00 p.m. on another. Also, on some streets the time restriction includes 1:00 a.m. to 5:00 a.m. with 8:00 a.m. to 5;00 p.m. In other areas the time of restriction may vary on different sides of the same street. These variations in enforcement hours can be very confusing to the public. In order to provide an adequate supply of signs for maintenance I am having to duplicate my inventory for example, for a 2-hour limit sign, I need one each for 8:00 a.m. to 5:00 p.m and 9:00 a.m. to 5:00 p.m. ' The Parking Enforcement Officer, with a work shift from 8:00 a.m. to 5:00 p.m., is required to leap frog through the parking district for morning enforcement. In order to make parking restrictions less confusing to the public and more efficient for enforcement and maintenance, I recommend a resolution be submitted to the City Council adopting the hours of enforcement for streets with limited parking restrictions be enforced 8:00 a.m. to 5:00 p.m. Monday thru Friday, excluding holidays. R:I~V MKID~NEDY.9 Downtown Parking Program Policies_ Policy A: Business Owner and Employee Parkln¢3 It shall be the primary policy of the Downtown Parking District to ensure employee parking within the downtown core be concentrated off-street whenever possible, and that parking permits be available upon request. Downtown Parking Permits shall be issued on a specific location basis. Permits for off-street spaces may be made available in the areas designated in Exhibit 'A.' Policy B: Permit and Meter Fees The City Council may from time to time consider, adopt, and/or revise a Fee Schedule for metered and permitted public parking. Said Fee Schedules shall be reviewed by the Council during the annual budget process for the purpose of considering fee adjustments, or at such other times as the Council deems necessary. A volume discount shall be Integrated into the adopted Fee Schedule for businesses, organizations, and/or agencies seeking to secure a minimum of six (6) or more parking spaces within the Parking District on an annual basis. Every effort shall be made to research and develop Incentives for ridesharing to induce carpooling among downtown employees and shall also be incorporated into the Fee Schedule. Policy C: _Time Zon..es Time zones within the Parking District are enforced Monday through Friday, 8:00 a.m. to 5:00 p.m. only, and on-street parking within these time zones shall remain unmetered and free to the public during non-enforcement hours. The Parking District may, however, enforce parking regulations, time limits, and/or fees within off-street municipal parking facilities, seven (7) days per week, 24 hours per day In response to Increased demand on resources. Parking regulations within each rnunicipai facility shail be so posted and approved by the City Council. The Downtown Master Plan identifies the need for some short-term parking times within the Parking District to meet the specific needs of businesses and create high tumover of parking spaces. Time zones must be balanced to accomplish this goal while not overburdening enforcement and still creating the opportunity for 'browsing' in the downtown. To enhance the availability of parking resources and create turnover for the destination customer, 24 minute spaces shail be established along each block of School Street. The number of spaces so designated shall be determined by business needs and the overall number of spaces available within that block. In no case shall the number of 24-minute spaces exceed two per side of each bloclf,. Policy D: Metered Parklna Metered parking shall be limited to the area of the District east of Pine Street; with the exception of School Street, between Smith and Clay Streets. On-street meters shall provide for up to a five (5) hour maximum, and off-street meters shall provide for a ten RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING UNIFORM HOURS DURING THE DAY FOR WHICH RESTRICTED ON-STREET PARKING WITHIN THE DOWNTOWN PARKING DISTRICT ARE EFFECTIVE WHEREAS, the Ukiah City Council has established restricted on-street parking on certain streets within the Downtown Parking District during certain hours of the day (enforcemem period) pursuant to the provisions of Section 22507 of the California Vehicle Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) has recommended that the enforcement period for the designated restricted on-street parking within the Downtown Parking District be uniform for purposes of making enforcement and sign maintenance and replacemem more efficient and said Committee has recommended an enforcement period from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Holidays. NOW, THEREFORE, BE IT RESOLVED that all restricted on-street parking within the Downtown Parking District shall be effective Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding Holidays. PASSED AND ADOPTED this AYES: NOES: ABSENT: ABSTAIN: day of_. ,1995, by the following roll call vote: ATTEST: Fred Schneiter Mayor City Clerk B:I/Rg. S1 PARKING.2 - ITEM NO. 5e DATE: December 20, 1995 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ESTABLISHING TWO 24-MINUTE ON-STREET PARKING SPACES FRONTING 582 NORTH STATE STREET The Traffic Engineering Committee received a request from Mr. Webster, employee of Henne's Candy and Ice Cream store located at 582 North State Street, that the street fronting the business (approximately 68') be designated as 24-minute parking in lieu of the current two hour parking. Mr. Webster stated that vehicles park along the frontage of the store for extended periods of time and given the nature of the candy business, short-term parking in front of the business is required. The location is outside the Parking District and thus not patrolled by the Parking Enforcement Officers on a regular basis. After hearing and reviewing this matter at their November 14, 1995 meeting, the Committee recommended that two 24-minute on-street parking stalls fronting 582 North State Street be established. Such action requires a resolution by the City Council. RECOMMENDED ACTION: Adopt Resolution Establishing Two 24-Minute On-Street Parking Spaces Fronting 582 North State Street. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not adopt resolution or change number of 24-minute on-street parking spaces. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Mr. Webster Requested by: Traffic Engineering Committee Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Rick Kennedy, Director of Public Works/City Engineer ~_.~ Candace Horsley, City Manager 1. Resolution 2. Memo to Traffic Engineering Committee 3. Excerpt of Draft Minutes from November 14 Committee Meeting Candace Horsley, City~ Manager ! R:4/PW:ASRHenne RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING TWO - TWENTY FOUR MINUTE ON-STREET PARKING SPACES FRONTING 582 NORTH STATE STREET WHEREAS, the Traffic Engineering Committee (Traffic Engineer) received a request from the proprietor of Henne's Candy and Ice Cream Store for short term restricted on-street parking fronting the business located at 582 North State Street; and WHEREAS, the Traffic Engineering Committee has made a recommendation to the City Council that two (2) - 24 minute on-street parking spaces be established in front of 582 North State Street. NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 7161 of the Ukiah City Code, two (2) - 24 minute on-street parking spaces in front of 582 North State Street are hereby established. PASSED AND ADOPTED this day of ,1995, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter Mayor ATTEST: City Clerk B:I/RES1 HENNES TRAFFIC ENGINEERING COMMITTEE REQUEST FOR CONSIDERATION DATE: Oct 17,1995 FROM: Mr. C. W. Webster Henne's Candy and Ice Cream store 582 N. State Street 462-5661 (Work) 462-2354 (Home) RECEIVED BY: Larry J. Woods SUBJECT: Request for change in time limits to parking on South Main Street north of Gobbi Street. FOR CONSIDERATION AT MEETING DATED: Nov 14, 1995 at 3:00 PM in Conference Rm #5 COMMENTS BY THE REQUESTOR: In the 68-foot long parking area in front of the store is currently signed as 2-hour parking limit. Mr. Webster has noticed that the parking enforcement officer turns at Norton Street and rarely enforces the parking limits north of Norton Street. This has been happening even though he has made several requests for enforcement. Since vehicles park in the area in front of the store for extended periods of time, and since the nature of the candy and ice cream store is to have customers who need only short term parking, Mr. Webster would like to have the curb painted green from the cross walk to the driveway (a distance of 68 feet). STAFF BACKGROUND INFORMATION: I suggested to Mr. Webster that the equivalent of 3 parking spaces painted green may be excessive since it may have an effect on the O'Haru Restaurant south of the store. He said that if green curb were limited to one or two parking spaces, then it would be preferable that the space or spaces be located closest to the driveway. A diagram showing the location of this request is attached. Requestor has been notified of the meeting date and plans to attend the meeting. ten-9.req of having two large vehicles stopped at the same location rather than just being able to approach, maneuver around, and continue on with the flow of traffic. Member Harris asked if there would be some bus stops eliminated because of the change of route. Mr. Hall responded the stops south of Washington will remain in existence since there are other lines that service them. This change effects the local in-town bus line. Member Woods inquired relative to the frequency of the bus. Mr. Hall responded it is a 30 minute bus route, beginning at 7:00 a.m. and ending at 5:00 p.m. Member Dewey inquired relative to painting the curbs at the stops. Mr. Hall replied it is up to the City as to whether they paint the curb red. Member Turner stated the curb may be painted red, shared with yellow zones, or remain unpainted. Member Looney commented he understood this is not intended to be a place designated specifically for a bus stop. Other people will still be allowed to park there. Member Turner replied there is no specific request for a red curb. He advised this route deviation to the Community Clinic will not effect every local line trip, so there will be busses still going by the State Street stops at the airport and Washington and State. ON A MOTION by Member Dewey, seconded by Member Harris, it was carried by the following roll call vote, to grant the request for eastbound and westbound bus stops on Washington Street west of State Street. AYES: NOES: ABSTAIN: ABSENT: Members Dewey, Harris, Looney, and Woods None Member Turner Members Fernandez and Ford Request for Shor~-Term Parking Spaces (Green Curb) in Front of Henne's Candy and Ice Cream Store at 582 North State Street Mr. William Henne advised there has been a sign posted in front of his building with a 2 hour parking time limit. In the last 1 to 1 1/2 years there has been a parking conflict with the restaurant next door, whose customers often park for longer than the two hours. The Hennes' customers traditionally have parked in front of the store; now their customers have notified them MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 4 November 14, 1995 ~,at at times there is no parking available and as a result, did not stop to make a purchase. There has been a meter maid on State Street as far as Norton. She never comes further north even though there are 2 hour parking signs quite a bit farther north than Norton. The parking violators are aware there is no enforcement; some cars even park all day. Member Turner asked if the limit of the downtown parking district and therefore the limit of the enforcement is Norton Street. Member Harris stated he believes that to be correct. The District boundaries are at Norton Street. Parking signs are posted outside the boundaries, but the authority to cite does not pass beyond that boundary. Charles Webster indicated he had talked to the mayor who had assured him he would talk to the people involved about the parking signs and meters. There are parking limit signs varying from 1 1/2 hours to 2 hours. In the past few weeks, meter maid has driven by the store only one time that he has noticed. He left his truck parked in front of the store for several hours and was not ticketed. He expressed concern the signs were not enforced. He concurred with Mr. Henne's arguments. Member Turner asked if he thought the parking was a problem now because of the success of the restaurant. Mr. Henne replied that was a possibility. Four spaces are set aside at the restaurant, but the owners or their employees park in those ~paces. His desire is for a reduced time period for the street parking. Member Harris commented the Police Department needs to enforce the parking regulations, even if the parking is limited to 30 minutes. Member Turner stated there would be a response if complaints were received relative to the violations. Member Harris asked Member Woods whether he had talked to Assistant Redevelopment Director Larry DeKnoblough regarding the extension of downtown parking further to the north, and the impacts of such. Member Woods replied no, although he had received copies of the parking district boundaries. Member Fernandez arrived at 3:30 p.m. and assumed the chairmanship of the meeting. Member Turner asked Mr. Henne if he would be more inclined to call in if the violation exceeded a' shorter, rather than the longer 2 hour time period, since that would seem to be the only time he would get enforcement. MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 5 November 14, 1995 Mr. Henne replied he didn't know, since they could possibly be more busy on the phone reporting violators. Member Looney asked if the officers can only enforce within the boundaries, or if that could be extended for certain situations. Member Harris replied he was unaware of the legal ramifications of such an action. Mr. Webster commented a green zone would psychologically impact people to not park there. Discussion followed regarding the green parking zones, and whether to mark individual stalls and set time limits. ON A MOTION by Member Turner, seconded by Member Harris, it was carded by an all AYE vote to grant the request for as many as possible short-term parking spaces (green curb) in front of Henne's Candy and Ice Cream Store at 582 North State Street, with the appropriate signs for 24 minutes, 24 hours a day in the 68 feet of parking specified between the crosswalk and the driveway. ON A MOTION by Member Dewey, seconded by Member Turner, it was carded by an all AYE vote to direct staff to review how enforcement in this area could be accommodated. Request for Uniform Time Restriction on Limited On-Street Parking within Downtown District- Public Works Member Looney, referencing his memo, advised them is a variation of enforcement time on the limited parking areas. He is requesting that the time limits be enforced uniformly throughout the parking areas, from 8 a.m to 5 p.m., Monday through Friday, excluding Saturdays, Sundays, and holidays. ON A MOTION by Member Harris, seconded by Member Turner, it was carried by an all AYE vote to refer the matter to Assistant Redevelopment Director Larry DeKnoblough and the new parking plan, with a report to be submitted back to the December meeting for action by the City Council. OLD BUSINF3S a. Status Report on Beacon Lane Resident Survey Member Woods advised letters have been sent out giving the residents the opportunity to respond to 'the options. MINUTES OF THE TRAFFIC ENGINEERING COMMYI~EE Page 6 November 14, 1995 ii,I CL&RA #0 ITEM NO. 5f DATE: December 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Award bid for 12,000' of 500 MCM cable to Champion Wire & Cable in the amount of $12,625.47 and for 21,000' of 397.5 MCM bare conductor to King Wire and Cable Corporation in the amount of $10,315.31. A Request for Quotation (RFQ) for the following aluminum conductors was written to provide material for overhead and underground construction: a) 12,000'- 500 MCM, 600V, single conductor b) 21,000' - 397.5 MCM, single bare conductor The City sent an RFQ to 16 vendors and bids were received and opened on December, 12, 1995. 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 each cable is as follows: a) Champion Wire & Cable $12,625.47 b) King Wire & Cable Corp $10,315.31 The bids are total cost, including tax and shipping. Item a. is budgeted in Account No. 800-3645 and item c. is budgeted in Account No. 800-3646. RECOMMENDED ACTION: Award bid for 12,000' of 500 MCM cable to Champion Wire & Cable in the amount of $12,625.47 and for 21,000' of 397.5 MCM bare conductor to King Wire and Cable Corporation in the amount of $10,315.31. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and direct staff to re-issue RFQ. Acct. No. (if NOT budgeted):N/A Appropriation Requested: N/A Citizen Advised: Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Martin Wobig, Electrical Distribution Engineer Coordinated with: Candace Horsley, City Manager Attachments: Bid results ~ APPROVE~~/ ILL., mw:asr ~, Acct. No.: 800-3546, 800-3646 BID RESULTS 500MCM Champion Cable and Wire King Wire and Cable Corp Independent Electric Supply Southwest Power, Inc The Okonite Company Davis, Gregory and Doll 12,625.47 12,805.65 14,427.27 16,653.78 No Bid No Bid 397.5 MCM King Wire and Cable Corp Southwest Power, Inc Champion Cable and Wire Independent Electric Supply Manco The Okonite Company Davis, Gregory and Doll 10,315.31 10,945.35 11,116.46 11,531.68 11,373.86 No Bid No Bid ITEM NO. 5 g DATE: DECEMBER 20, 1995 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR PLACEMENT OF STREET STRIPING 1995, SPECIFICATION NO. 95-21 Funding for this project was approved in the 1995-96 Fiscal Year Budget under Account No. 100-3110-250. The work of the contract was completed by Central Striping Service, contractor, in substantial conformance with the approved plans and specifications on December 4,1995. The f'mal contract cost is $11,672.66 which is based on measurements of the actual work completed. No Change Order work was required for this project. Final payment of retention will be made to the Contractor 30-days after the Notice of Completion is filed with the County Recorder. RECOMMENDED ACTION: City Council accept the work as complete, and direct the City Clerk to file the Notice of Completion with the County Recorder for Construction of Street Striping 1995, Specification No. 95-21. ALTERNATIVE COUNCIL POLICY OPTIONS: None Acct. No. (if NOT budgeted):N/A Acct. No.: 100-3110-250 Appropriation Requested: N/A (If Budgeted) Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Larry J. Woods, Senior Civil Engineer 463-6284 Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Completion APPROVED:~) ~/~ ~ ~ D#1: asr-nc-s.wpd -- "- ! Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, CA 95482 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1 o That the real property described is owned by the following Municipal Corporation, whose address is: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 2 . 3 o 4 . That the nature of the title to the Street Striping 1995, Specification No. 95-21 in the City of Ukiah of all said owners is that of fee simple. That on the 4th Day of December, 199.5 the Contract was actually completed. That the name and address of the Contractor is: Central Striping Service 11391 Pyrites Way Rancho Cordova, CA 95670 5 o That the real property herein referred to is situated in the City of Ukiah, County of Mendocino, State of California, and is described as City streets as follows: Various locations within the City of Ukiah CITY OF D-KID/q, a Municipal Corporation BY: CITY CLERK STATE OF CALIFORNIA COUNTY OF MENDOCINO CATHY MCKAY, being duly sworn says that she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that the content thereof and the same is true of her own knowledge. CATHY MCKAY, City Clerk Subscribed and sworn to before me this day of , 1995. Notary Public in and for the County of Mendocino, State of California c :proj ects\striping\1995 \not_cmp ITEM NO. 5h DATE: December 20, 1995 AGENDA SUMMARY REPORT SUBJECT: Authorization to Continue Advertising for One Vacancy on Airport Commission This vacancy on the Airport Commission has existed since the resignation of Chuck Simon, which was accepted by Council on July 5, 1995. As authorized by Council on September 20, 1995, the City Clerk readvertised this vacancy with paid advertisements in the Ukiah Daily Journal published on October 8, 15 and 22, 1995. The previous deadline for applications was November 8, 1995 at Noon, and no applications were received. On November 15, 1995, Council authorized continued advertising for this vacancy. This matter was readvertised in a box ad in the Ukiah Daily Journal on December 3, 5, 10, and 12, 1995, with a news release sent on November 22, 1995. One application from Timothy Liesenfelder was received by the City Clerk, unfortunately he lives outside the City limits. Current Airport Commissioners Ken Fowler and Mark Davis live outside the City limits, which is the maximum number of non-residents able to serve on this Commission. Therefore, it is recommended that a two month period be approved for continued advertising, with applications to be brought to Council in March. RECOMMENDED ACTION: Authorize City Clerk to continue advertising for the one vacancy on Airport Commission in the Ukiah Daily Journal. ALTERNATIVE COUNCIL POLICY OPTIONS: Acct. No. (if NOT budgeted): N/A Acct. No. (if budgeted) 100-1945-651 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Cathy McKay, City Clerk c~/~ ( Coordinated with: Candace Horsley, City Manager Attachments: Most recent News Release Chndace Horsley[. UKIAH, CA 95482 NEWS RELEASE · ADMIN. 707/463-6200 · POLICE463-6242 · FIRE463-6274 CITY OF UKIAH VOLUNTEER AIRPORT COMMISSION VACANCY DATE: November 22, 1995 FOR RELEASE: Immediately GOOD THROUGH: Noon December 13, 1995 SUBJECT: ONE VACANCY ON THE AIRPORT COMMISSION Contact: Cathy McKay, City Clerk 463-6217 The City of Ukiah announces there continues to be one vacancy on the Airport Commission. Any City of Ukiah resident who is interested in serving as a volunteer for a three year term on this advisory commission, may apply for these upcoming vacancies. Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6217 for an application to be mailed to you. The submittal deadline is December 13, 1995 at Noon. The appointments will be considered at the regular City Council meeting of December 20, 1995. Cathy Mc'Kay/CMC/AAE, C rk i c: All Media ITEM NO. 5i DATE: December 20, 1995 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT FOR "REMEMBER YOUR RELATIONS" ELSIE ALLEN EXHIBIT AND CATALOGUE, IN THE AMOUNT OF $7,000, AND AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT The City of Ukiah has negotiated a joint collaboration with the Oakland Museum and Mendocino County Museum to compile and present the Elsie Allen "Remember Your Relations" Exhibit and Catalogue at the Oakland Museum in May of 1996. This agreement was presented in the 1995-96 Budget process, with the principal staff person being Dot Brovarney. Since Dot has recently resigned as the Curator of Grace Hudson Museum, we have negotiated a contract with her to complete this project. Based on the hours required, as negotiated with Dot from her original proposal, it is anticipated that the contract should not exceed the amount of $7,000. Payments will be made from the museum account number 900.205.206. Monthly progress reports and billings will be provided to the City Manager and Museum/Cultural Arts Director. RECOMMENDED ACTION: City Council approve Professional Services Agreement with Dot Brovarney for "Remember Your Relations" Elsie Allen Exhibit and Catalogue, in the amount of $7,000, and authorize City Manager to execute contract. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Approve revised contract. Appropriation Requested: N/A Citizen Advised: Dot Brovarney Requested by: Prepared by: Candace Horsley, City Manager Attachments: 1. Proposed Professional Services Contract APP ROVE D~~. ~Q_,..., PROFESSIONAL SERVICES CONTRACT This Agreement is made and entered in Ukiah, California, on ,1995, by and between Dot Brovarney ("Contractor"), and the City of Ukiah ("Ukiah"), a municipality formed under the laws of the State of California. 1. SERVICES PROVIDED BY CONTRACTOR. Contractor shall provide the services as specified in the attached proposal ("Proposal") which is identified as Exhibit "A' to this Agreement and incorporated herein by reference. The Proposal is for services relating to the "Remember Your Relations' collaborative project with the Oakland Museum, and is subject to the following provisions. If any provision of this Agreement and the Proposal are inconsistent or conflict the provisions of the Agreement shall prevail: 1.1 Contractor shall provide the following services for the duration of this Agreement: i 2. 3. 4. 5. 6. 7. Fundraising Promotion' Public Program Planning Public Program Implementation Catalogue Publication Exhibition Consultation Administration 1.2 Ukiah shall have the right at all reasonable times on reasonable notice to Contractor to audit its books, records and accounts. Contractor shall maintain financial records sufficient according to generally accepted accounting principles to permit an accurate assessment of its finances and transactions. It shall maintain these records in a location reasonably accessible to Ukiah and for a three (3) year period following each of the fiscal years that the records cover. 2. TIME OF PERFORMANCE. Contractor shall provide the services as requested by Ukiah in accordance with a schedule agreed upon as to each service requested. 3. TERM. The term of this Agreement shall cover the period, beginning on December 4, 1995, 1995, and ending on June 30, 1996, unless extended by mutual written agreement of the parties or terminated as provided in paragraph 9. 4. COMPENSATION. Ukiah shall pay Contractor in an amount not to exceed $7,000, unless receiving prior review and approval of the City Manager, for the life of this agreement and paid on a Page 1 of 5 monthly basis at a rate of $20 per hour. 5. METHOD OF PAYMENT. Billings and payments shall be made on a monthly basis. 6. CONFIDENTIALITY. Contractor hereby agrees that it, and its officers, agents and employees will not disclose or make any other use of information about the business methods, operations, costs, proposals, budgets, and projections of Ukiah or of any other information of a confidential nature pertaining to Ukiah, without the prior written consent of the Executive Director. 7. INDEMNIFICATION AND INSURANCE. 7.1 Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents and employees from and against any claim, loss or damage, including the legal and other costs of defending against any claim of damage or loss by third parties, which rises out of the Contractor's performance under this Agreement, except for claims, losses or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. 8. OWNERSHIP AND RETURN OF DOCUMENTS AND EQUIPMENT. Upon termination of Contractor's services to Ukiah under this Agreement, Contractor agrees to return all written and other materials which are not matters of public record, and equipment, furnished to it by Uklah. Any documents, excluding curriculum materials, created by Contractor as part of providing services under this Agreement shall be the property of Ukiah and shall be furnished to Uklah upon request. 9. TERMINATION. This Agreement may only be terminated by Ukiah: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) Ukiah has abandoned and does not wish to complete the project for which Contractor was retained. Ukiah shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the Agreement shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the Agreement shall terminate on the date notice of termination is given. Ukiah shall pay the Contractor only for services performed and expenses incurred as of the effective termination date. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, excluding curriculum materials, prepared by the Contractor under this Agreement shall, at the option of Ukiah, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages Uklah may incur as a result of Contractor's breach of contract. Contractor shall have the right to terminate this Agreement on 60 days prior written notice to Ukiah. In the event of such termination, Ukiah shall be entitled to reimbursement for any excess payments for services Page 2 of ,5 or to private payments as appropriate. 10. MODIFICATION OF AGREEMENT. Ukiah may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between Ukiah and the Contractor, shall be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this Agreement. 11. ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of Ukiah. Contractor shall also obtain Uklah's prior written approval of any significant changes in Contractor's or employees who provide services under this Agreement or whose services affect its performance under this Agreement. 12. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 13. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Contractor is an independent contractor and not an employee, joint venturer, or partner of Uklah for any purpose whatsoever. Ukiah shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in Ukiah have boon inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and Ukiah. Contractor shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for its employees. Contractor agrees to indemnify and hold Ukiah and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Page 3 of 5 Contractor warrants and represents that it is a properly licensed organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action concerning this Agreement must be filed and litigated in the proper court in Mendocino County. 15. SEVERABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 16. INTEGRATION. This Agreement contains the entire agreement amount the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 17. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 18. NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or when deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: CONTRACTOR UKIAH Dot Brovarney 7,51 Sanel Drive Ukiah, CA 95482 City of Ukiah c/o Candace Horsley 300 Seminary Avenue Ukiah, CA 95482 Page 4 of 5 19. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 20. DUPLICATE ORIGINALS. This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. WHEREFORE, the parties have entered this Agreement on the date first written above. CONTRACTOR UKIAH By: By: Title: Title: 4:can:Dot.Agm Page 5 of 5 Dot Brovarney 751 Sanel Drive Ukiah, CA 95482 November 10, 1995 · Margaret Anne Lane, Cultural Arts/Museum Director Candace Horsley, Interim City Manager City of Ukiah 300 Seminary Drive Ukiah, CA 95482 ..~ Dear Margaret Anne and Candace: Thank you for the opportunity to submit this proposal which addresses tasks associated with the Hudson Museum's collaborative project with the Oakland Museum of California and Heyday Books-- "Remember Your Relations: The Elsie Allen Baskets, Family, and Friends" exhibition, catalogue and public programs. As you know, "Remember Your Relations" was developed at the Hudson Museum and opened here to wide acclaim in 1993. Based on my research, the exhibit was developed by former museum director Suzanne Abel- Vidor and me in consultation with weaver Susan Billy. This exhibit stands as one of the museum's most successful to date and represents a significant accomplishment in our efforts to build bridges with the Native American community and involve its members in the museum's activities. The Oakland Museum's re-presentation of "Remember Your Relations" and Heyday Books' commitment to publication of an accompanying catalogue confirm the importance of this exhibition to existing scholarship on Pomo culture. Further, this project presents the Hudson Museum and the City of Ukiah with tremendous opportunities for public exposure and recognition. I propose a consuitancy that will fulfill three goals: 1) to honor the Hudson Museum's commitment to this important collaborative effort; 2) to guarantee a publication and an exhibition that reflect the content, tone, and standard of quality of the original effort; and 3) to assure the most complete and accurate product possible. As a consultant to the project, I will accomplish a variety of tasks that I otherwise would have addressed as part of my curatorial responsibilities with the museum. I look forward to discussing this proposal with both of you at your earliest convenience. This collaborative effort is a significant one for the Hudson Museum and worthy of the City of Ukiah's full support. Dot Brlvarney Grace Hudson Museum Activities-"Remember Your Relations" Collaborative Project A Proposal This plan details the action steps and time necessary to accomplish the goals and commitments of the Hudson Museum in regard to its collaborative project with The Oakland Museum and Heyday Books. "Remember Your Relations" will open at The Oakland Museum of California on May 18, 1996 accompanied by an exhibit catalogue. A series of public programs are scheduled throughout the duration of the show. Areas of responsibility: fundraising, promotion, program planning, program implementation, catalogue publication, exhibition consultation, administration Fundraising 10-20 hours · direct mail campaign; assistance of Bette for implementation · package to 2 significant donor prospects in Santa Rosa (See attached pages for an explanation of the Hudson Museum's fundraising obligation) Promotion 5-10 hours · mailing labels based on Hudson Museum lists to Oakland Museum by Mid-March; assistance of Bette for implementation · facilitate publicity in Mendocino and Sonoma County region with The Oakland Museum Public Information Office Public program planning 15 hours · assist project director in refinement of plans for a variety of programs including the opening reception, symposium, gallery talks, and tribute program · collaborate with Suzanne Abel'Vidor in development of slide presentation on weavers for symposium Public program implementation 25-40 hours · participate in opening reception, symposium, gallery talks and tribute program at Oakland Museum Catalogue, 200-220 hours · perform additional research to close gaps in previous research · complete writing of textual materials · revise and edit text in collaboration with publisher · assist in clearances and credits for photographs and oral history sources · assist in identifying and coordinating addition of photographs, technical drawings, maps and other contextual material essential for understanding by a mass readership · liaison with contributor Susan' Billy · facilitate distribution of catalogue to donors; assistance of Bette for implementation Exhibition 125-150 hours · consult with project director to insure accurate association of exhibit with textual materials · suggest ways of expanding exhibition to enhance understandil'~g by new Bay Area audience · coordinate loan of objects by lenders to the original exhibition · consult on design of exhibition Administration 5 hours · attend and participate in project team and individual meetings (time reflected in activities outlined above) · report regularly to museum, director and project director · submit final reports to funders Other expenses approximately $775.00 · 10 trips to Oakland @ $60.00/ea ($.25/mi for 240 miles) = $600.00 · long distance telephone @ $25/month for 7 months = $175.00 It is anticipated that mailing, photocopying and stationery needs will be provided through the Grace Hudson Museum. All work will be performed out of my home and in the field as necessary. Summary of proposal for Grace Hudson Museum involvement in "Remember Your Relations" Collaborative, Project: duration: November 27, 1995-June 30, 1996 compensation: $20.00/hour total hours: 385-460 @ $20.00/hr = $7700-9200 total cost(including expenses): $8475-9975 accountability- successful publication of catalogue and installation of show; monthly written reports of progress to museum director; verbal reporting to project director; final report of Hudson Museum's project contributions to funders and project director Attachment A-"Remember Your Relations" Collaborative Project Budget Explanation-Hudson Museum Commitment to Project The Grace Hudson Museum, with assistance from Heyday Books, is committed to raising $25,000 in support of this collaboration. The fundraising plan and status to date is as follows: $15,000 $ 75O0 $ 6000 Ralph and Lois Stone Foundation-submitted by Suzanne AbeI-Vidor (pending) LEF Foundation-submitted by Dot Brovarney (pending) individual contributions (secured) additional funds anticipated in this category $28,500 If the requests to the Stone and LEF Foundations are funded in full, the Hudson Museum will have met its fundraising goal. However, because full funding is not guaranteed, it is imperative that the Hudson Museum move forward with solicitation of additional monies as outlined in the consultancy proposal. Attachment B-"Remember Your Relations" Collaborative Project Budget page from LEF proposal PROJEC'r BUDGET Remember Your Relations: The Elsie Allen Baskets, Family and Friends Income: City of Oakland. City of Ukiah. Heyday Books (in-kind contribution of staff time) California Council for the Humanities (grant received) Grace Hudson Museum (anticipated grants from regional foundations and individuals) Heyday Books (in-kind catalogue production cost) Oakland Museum of California Foundation (anticipated grant from Oakland Museum Women's Board. History Guild. and other contributions) Additional support needed from LEF Foundation Expense,: Project Staff · Oakland Museum of California · Grace Hudson Museum · Heyday Books · Guest Curator · Advisory Committee · Registration · Shipping Costs · Wall Construction · Installation Supplies · Photographs · Installation Labor · Signage and Graphics Programs and Events · Opening Reception · Symposium · Video/Speaker Program · Artist-in-Residence Program · Native Ainerican Youth Program · Family Programs · Gallery Talks Marketing · Exhibit Announcement. Postage and Mailing · Advertising and Publicity 39.600 18.700 17.500 10.000 41.550 7,500 $134.850 27.100 8.900 3.600 2.000 1,000 5.500 750 3.000 2.700 2.800 4.800 1,550 42.000 1.500 6.700 2.550 3.000 3.800 3.000 600 4.000 4.OO0 $134.850 Agenda Summary Report Item No. 8a December 20, 1995 Page 2 3. All of the available gym space was assigned for practices and league games, with many teams going two weeks between practices (in December all Ukiah Unified School gyms are closed for the two week Christmas holiday). Any other gym time has been given to other organizations in the community to run their programs. 4. There is a great deal of preparation work required in coordinating the youth basketball program. To date approximately four weeks of regularly scheduled work hours plus an average of 10 additional hours a week after hours have been spent on this program. This time was spent on a variety of duties such as coordinating gyms and meeting with various school officials, recruiting coaches, soliciting sponsors, ordering equipment and shirts, setting up rosters, arranging for try-outs, and scheduling 75 teams for practice and game times. The Recreation Supervisor, having many other duties assigned such as Sports Coordinator and other Community Service activities, is unable to spend the required hours needed (approximately four weeks) to duplicate the program for the High School grades at this late date. December 13, 1995 To the honorable Mayor and the City Council, The Boy's Park and Recreational Basketball Program for the age 9th--12th was dropped by The City of Ukiah Park & Rec. Dept.; we want this very vital youth program reinstated. We "Parents for Youth" are asking for agenda time to present a clear and honest case why this program was unwittingly terminated. Than~you' for Your Consideration, "Parents for Youth" ITEM NO. a DATE: DECEMBER 20, 1995 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF LETTER RECEIVED FROM "PARENTS FOR YOUTH" REGARDING 9TH-12TH GRADE BOYS BASKETBALL PROGRAM The attached letter was received by the City Clerk on December 13. The group's concern is the cancellation of the City's basketball program for high school aged boys. This program was offered by the recreation department, but due to lack of registration at the deadline was canceled. The following is an outline of events leading up to the cancellation of the High School grade level Recreational Basketball Program: 1. Registration forms were distributed to schools and ads placed in the Ukiah Daily Journal in late September, 1995 (five weeks in advance of the deadline) announcing the beginning of registrations for youth basketball effective October 2 through November 6, 1995. On all registration forms a statement was placed "If we do not receive your registration form by the 6th of November we can not guarantee placement". 2. On the deadline of 5:00 pm November 6th there were only 29 boy (three teams) and 17 girl (two teams) registrations received for grades 9 - 12 and a total of 779 for grades 2-8. Due to the lack of enrollment in the High School grades; a determination was made to cancel the program for grades 9 -12. - Continued on Page 2 - RECOMMENDED ACTION: Consider letter and public input, and determine desired action. ALTERNATIVE COUNCIL POLICY OPTION: 1. Refer letter to staff for analysis and report at the January 17 Council meeting. 2. Determine program can not be initiated and take no further action. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: NA (if budgeted) Vickie Sangiacommo, 468-0747 Parents for Youth Tammi Weselsky, Community Services Coordinator Candace Horsley, City Manager, 1. December 13, 1995 letter from "Parents for Youth", page 1. 2. Youth Basketball Registration Form, page 2. APPROVED: mfh:asrcc Ipfy122095 '~-'~ ~-(~~nager Candace Horsley, City Agenda Summary Report Item No. 8a December 20, 1995 Page 2 3. All of the available gym space was assigned for practices and league games, with many teams going two weeks between practices (in December all Ukiah Unified School gyms are closed for the two week Christmas holiday). Any other gym time has been given to other organizations in the community to run their programs. 4. There is a great deal of preparation work required in coordinating the youth basketball program. To date approximately four weeks of regularly scheduled work hours plus an average of 10 additional hours a week after hours have been spent on this program. This time was spent on a variety of duties such as coordinating gyms and meeting with various school officials, recruiting coaches, soliciting sponsors, ordering equipment and shirts, setting up rosters, arranging for try-outs, and scheduling 75 teams for practice and game times. The Recreation Supervisor, having many other duties assigned such as Sports Coordinator and other Community Service activities, is unable to spend the required hours needed (approximately four weeks) to duplicate the program for the High School grades at this late date. December 13, 1995 To the honorable Mayor and the City Council, The Boy's Park and Recreational Basketball Program for the age 9th--12th was dropped by The City of Ukiah Park & Rec. Dept.; we want this very vital youth program reinstated. We "Parents for Youth" are asking for agenda time to present a clear and honest case why this program was unwittingly terminated. Than~you' for Your Consideration, "Parents for Youth" ITEM NO. 8a DATE: DECEMBER 20, 1995 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION COMMITTING IN-KIND SERVICES FOR THE PERFORMANCE OF ENVIRONMENTAL REVIEW DOCUMENTATION AND PRELIMINARY ENGINEERING FOR THE ORCHARD AVENUE BRIDGE, ORCHARD AVENUE EXTENSION AND BRUSH STREET IMPROVEMENT PROJECT, AND APPROVAL OF BUDGET AMENDMENT The City of Ukiah submitted two (2) project applications to the Mendocino Council of Governments (MCOG) for Federal funding under the Surface Transportation Program (STP). Pursuant to Federal and State Law, the Regional Transportation Planning agencies, County Transportation Commissions or Metropolitan Planning organizations are responsible for apportioning these federal funds to the County and the cities, transit operators and other public transportation agencies within their respective counties on an annual basis. The projects are to be nominated by these agencies that directly involves local government representatives and the funds shall be apportioned on a fair and equitable basis. Continued on Page 2 RECOMMENDED ACTION: 1. Adopt Resolution committing in-kind services for the performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge, Orchard Avenue Extension and Brush Street Improvement Project. 2. Approve budget amendment 1) Creating Fund No. 341, STP; 2) Allocating $50,000 Revenue in Account No. 341-0600-490; and 3) Allocating $50,000 Expenditures in Account No. 341-9816-250. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not commit to match funding in which case STP allocation will be deobligated. 2. Determine if additional City funds are necessary, and modify resolution accordingly. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Attachments: 1. 2. 3. 4. Candace Horsley, City Manager and Gordon Elton, Director of Finance Proposed Resolution. Project Application. Official notice of project approval from MCOG. Budget amendment documentation. APPROVED' ~-~ , .-~~,3;ig_ty~Manager Candace Horsley, Adoption of Resolution Committing In-Kind Services for the Performance of Environmental Review Documentation and Preliminary Engineering for the Orchard Avenue Bridge,Oorchard Avenue Extension and Brush Street Improvement Project, and Approval of Budget Amendment December 20, 1995 Page 2 In accordance with adopted policy and procedure, the Technical Advisory Committee (TAC) to MCOG rated and ranked 17 project applications and the Committee recommended to MCOG that 10 of the highest ranked projects be funded with current STP funds on hand and the 1995/96 STP allocation to be made in the near future. Current STP funds on hand are approximately $277,841 and it is anticipated that approximately $100,000 to $120,000 of the forthcoming 1995/96 STP allocation will be available for project funding. On December 4, 1995, MCOG approved the 10 project applications recommended for funding on a first come first served basis. The two projects submitted by the City of Ukiah for STP funding were: . Environmental Review and Preliminary Engineering for the construction of Orchard Avenue Bridge at Orr Creek, Orchard Avenue Extension and the Improvement of Brush Street. 2. State Street Road Surface Remediation. The Environmental Review and Preliminary Engineering for the Orchard Bridge at Orr Creek, et. al., project was approved for funding. As indicated in the attached application, a maximum of $50,000 of STP (dl) funds will be utilized to fund geotechnical, survey and environmental review work which will be performed by consultants. An estimated $4,400 of in-house services will be performed by the City's Engineering Department which will consist of preliminary plan and profile work and consultant contract administration. The City's match is labor which is currently budgeted in Engineering salaries and wages. The STP funds are distributed to the Project applicant on a reimbursement basis. Pursuant to adopted MCOG procedure and policy, the Project applicant is required to submit a funding commitment when other sources of funds are to be used as a project funding match. The adoption of the attached Resolution will provide the required commitment. It is also appropriate that a budget adjustment be made for the receipt and expenditure of the STP(dl) funds up to an amount of $50,000. R: I'~W:KK AORCHARD.PRO 1 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 25 26 2~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIl, OF THE CITY OF UKIAH C()MMITTING IN-KIND SERVICES FOR TilE I'ERFORMANCI£ OF ENVIRONMENTAL REVIEW DOCUMENTATION AND PRELIMINARY ENGINEERING FOR THE ORCHARD AVENUE BRIDGE, ORCHARD AVENUE EXTENSION, AND BRUSH STREET IMPROVEMENT PROJECT WHEREAS, the Mendocino Council of Governments (MCOG) is the designated Agency responsible -for apportioning Federal Surface Transportation Program funds (STP al(l)) to the County of Mendocino and cities, transit operators and other public transportation ~gencies within Mendocino County pursuant to Section 182.6 (d)(1) of the California Street and Highways Code; and WHEREAS, MCOG has adopted STP d(1) Program policies and application instructions pursuant to said State Code Section and Section 134 of Title 23 of the United States Code; and WHEREAS, the City of Ukiah has applied for STP d(1) funding in the amount of $50,000 to fund Environmental Review Documentation and Preliminary Engineering work for the Orchard Avenue Bridge, Orchard Avenue Extension and Brush Street Improvement Project (Project) and the City has proposed to provide a match consisting of in-kind services in the amount of $4,400; and WHEREAS, on December 4, 1995, the MCOG Board approved the City's application for STP d(1) funding for the Project; and WHEREAS, pursuant to adopted Program Policies MCOG requires the Project Applicant to submit a funding commitment when other sources of funds are to be used as a Project funding match. NOW, THEREFORE, BE IT RESOLVED, that the City of Ukiah hereby commits to providing in-kind services related to contract administration for the Project and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 26 27 28 miscellaneous preliminary project drawings having a value equal to or exceeding $4,400. PASSED AND ADOPTED this 20th day of December , 1995, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk B:RES! ORCIIARD.PER I RECEIVED OCT 31 MENDOClNO COUNCIL OF GOVERNMENTS STP PROGRAM - dl REGIONAL PLANNING PROJECT APPLICATION 1995 ,, _ OF (if Joint agency project - list all parties) Address 300 SEMINARY AVENUE ':-~iAH~' ~ALIFORNIA · 95482 Prc~ec~Contact RICK_H. KENNEDY Date _ OCTQBER 31,, 1995 Phone (707) 463-6280 , · FAX (707) 463-6204 pROJECT INFORMATION (use additional sheets as necessary to provide data requested) Project Short Title ENVIRONMENTAL REVIk~W AND PRELIMINARY ENGINEERING FOR THE CONSTRUCTION OF ORCHARD AVENUE BRIDGE AT ORR CREEK, ORCHARD AVENUE EXTENSION-AND THE IMPROVEMENT OF BRUSH STREET Project Description ENVIRONMENTAL CONSULTANT TO PREPARE EIR FOR PROJECT, CIVIL/SURVEY CONSULTANT TO PERFORM TOFO SURVEY ALONG CONTEMPLATED IMPROVEMENT AND PREPARES TOPOGRAPHIC MAP. CITY TO PROVIDE PRELIMINARY DRAWINGS AND GEOTEC}{NIC. AL CONSULTANT TO PROVIDE DRILLING SERVICES AND GEOTECHNICAL REPORT. Project Activities to be performed by In house personnel Yes Z~ NO .,, Project Activities to be performed by outside consultant Yes X:X: NO ~ If yes. provide RFP RFP' S FOR CONSULTANT SERVICES WILL BE PREPARED AFTER FUNDING APPROVAL · Provide a proposed Scope of Work which Includes: (see sample format) 1) goaVpurpose statement 2) detailed description of each task to be performed and by whom 3) Indicate what product (s) will be delivered 4) estimate of person days to obtain produc( delivery and cost (per each agency if applicable) 5) overall time schedule 6) detailed line item cost estimate of total project Proposed Funding Pending To, al Project _ $54,.~ . .. dt request _.. ~ .nnn City '., 4 i400 .IN-HOUSE SERVICES _ L -~ - 1:_- : ._-_ _ - _ :: .~__,,_~_ _ il _ _ _ i - _ _, - -----'-' ' ' - -: -' - -- ~-- :- - : ' - ~ ,u _, _. . Project ConsiStency With Regional'Transportation Plan Yes _xx _ ' No If Yes. provide evidence If NO. demonstrate effort to emend IMPROVES CIRCULATION Environmental clearance status - NEPA/CEQA EIR Categorical Ex.empflon ,, Proposed Adoption Date < ............... Adopted THIS IS PART OF PROJECT ,, Negative Declaration , Date of Filing ..... dl ~ING PROJE~ PROPOSED SCOPE OF WORK GOAL/pURPOSE TO PERFORM REQUIRED PR~ ENVIRONMENTAL REVIEW AND PRELIMINARY ENGINEERING FOR THE PROPOSED TASKS 1. 2. . . PROVIDE PLAN SHOWING PRELIMINARY LAYOUT OF IMPRO~ - CITY TO PROVIDE. PERFORM SUBSURFACE SOIL EXPLORATION AT PROPOSED BRIGE LOCATION AND PREPARE GEOTECHNICAL REPORT. -- GEOTECHNICAL CONSULTANT PERFORM TOPO SURVEY ALONG PROPOSED ROUTE AND PREPARE TOPOGRAPHIC MAP AND CROSS SECTIONS. -- CIVIL/SURVEY CONSULTANT. PREPARE PRELIMINARY PLAN AND PROFILE SHOWING ALIGNMENT AND GRADE. -- CITY PREPARE ENVIRONMENTAL IMPACT REPORT. - ~'x~u',,~,,c~,~;~Z'~x,-.~,~' 7',~,~,~' PRODUCTS 1. ENVIRONMENTAL IMPACT REPORT 2. PLAN SHOWING TOPOGRAPHIC INFORMATION ALONG PROPOSED IMPROVEMENT AND CROSS SECTIONS · 3. PLAN AND PROFILE OF PRELIMINARY DESIGN 4. GEOTECHNICAL REPORT TIME SCHEDULE {outside COnsultant -. Indicate RFP advertisement, contract award, draft review and final product adoption) (in house - Indicate start up, draft review and final product adoption) (SEE AT~ACHED) ESTIMATED PERSON DAYS/CQST BREAKDOWN To~Com LINE ITE ,IVll CX)ST ESTIMATE TASK I - CITY ' 5 TASK II - GEOTECHNICAL CONSULTANT 15 TASK III - CIVIL/SURVEY CONSULTANT 10 TASK IV - CITY 10 TASK V - ENVIRONMENTAL CONSULTANT 90 1,200 .10,000 5,000 3,200 35,ooQ. $54,400 EXHIBIT "A" PROJECT RATING CRITERIA FOR ENVIRONMENTAL REVIEW AND PRELIMINARY ENGINEERING ORCHARD AVENUE BRIDGE AT ORR CREEK, ORCHARD AVENUE EXTENSION AND THE IMPROVEMENT OF BRUSH STREET STPd(1) FUNDING APPLICATION 1. URGENCY a. One-time Opportunity To Complete This Project? It is anticipated that funding for the construction of the project will be available within the next two (2) years. Preliminary Engineering and Environmental Project Review must occur prior to the preparation of Final Plans and contract documents and this work needs to be performed in the very near future. b. Will Other Participating Funding Sources Be Lost? A portion of the construction funding will be secured when the development entitlements granted to K-Mart are implemented. These funding sources will not be lost should this project not be funded, however, the City will experience financial constraints for project completion should this project not be funded. c. Urgent Non-Funding related Concern Which Proposed Project will Address. In order to implement the Project construction within the next two years, the Preliminary Engineering and Environmental Review must be performed in the very near future. SCORE: Medium - High - 4 Points 2. LEVERAGE OF FUNDS Funding of the Project is a portion of the total funding needed to implement the contemplated improvements. The project leverages future funds for construction. SCORE: High - 5 Points e e AIR QUALITY/ENVIRONMENTAL BENEFIT The Project is a component of the implementation of road improvement that will improve traffic circulation in the urban area of Ukiah Valley. The improvements will reduce traffic congestion at the Perkins/Orchard/101 interchange area. SCORE: High - 5 Points CONGESTION MANAGEMENT Refer to Item No. 3 above. ., SCORE: High - 5 Points REGIONAL BENEFIT e The project is a component of the implementation of road improvements that will improve traffic circulation in the urban area of Llkiah Valley. There is a consensus among the County and City Public Works Administration that the ultimate connection of Orchard Avenue to Brush Street and the Improvement of Brush Street for higher traffic volumes and the ultimate connection of Brush Street to southbound 101 will greatly improve traffic circulation and reduce congestion at the Perkins Street/Orchard Avenue/101 interchange. Although proposed to be funded by the City in its entirety, the City considers the improvements to be a joint City/County project on a major corridor; the County's cooperation and agreement are needed to allow the City to improve Brush Street east of the Northwestern Railroad tracks. SCORE: High - 5 Points SAFETY BENEFIT The project is a component of the implementation of road improvements that will improve traffic circulation and reduce traffic congestion. Safety benefits will result with the reduction of congestion and the improvement in traffic circulation. The improvements will facilitate the diversion of through vehicular traffic currently utilizing residential neighborhood streets such as Clara Avenue and Ford Street. Traffic studies have demonstrated that through vehicular traffic are exceeding prima facia speed limits within the residential district. The improvements will substantially enhance safety in the residential neighborhood located to the northwest of the highly commercialized area of Perkins Street and Orchard Avenue. SCORE: High - 5 Points TOTAL SCORE: 29 POINTS Z -. MEMORANDUM TO: TAC Members FROM: Mary Hiatt, MCOG Executive Secretar~ SUBJECT: (1) Revised STP d(1) Policies (2) 1995/96 STP d(1) Project List 12/11/95 Revised sTP d(1) Policies At their ~ December 4th meeting, MCOG adopted revised STP d(1) policies. Enclosed for your information is a copy of the revised policies. This revision includes the TAC's recommendation to revise the last paragraph on page one. Please closely read and follow these revised policies to obtain your STP d(1) funding for projects on the 1995/96 Project List. To avoid potential misunderstandings and deobligation of funds, if you are unclear regarding interpretation of any section of these policies, please request clarification. 1995/96 STP d(1)..Pro~ect List Also at their December 4th meeting, MCOG approved the attached 1995/96 STP d(1) Project List, as recommended by the TAC. Since the total of these projects ($393,900) is more than the funds currently in MCOG's STP d(1) account ($277,841), some projects will have to await the next cycle of funding. In addition, MTA's application for paratransit vans must await' the next cycle of funds, due to the fact that rolling stock cannot be purchased with the "exchanged" funds currently in the account. As recommended by the TAC, this project list is not in a priority order, and it is acknowledged that some projects may be ready to go before others. Therefore, projects from this list will be funded' on a "first come, 'first-ser~d"-'b~'~-~--as-f~ndihg"'alIows' and ih-- accordance with the revised STP d(i) poilcles and procedures. ~" This. notification will serve as your official notification /le attachment. Approved by MCOG 12/4/95 Aqency Co DPW Co DPW 1995/96 STP d(!) .Project List Project Title Improve Railroad Crossing Protection Brooktrails Alternative Access Construction Plans & Specifications STP d(1) Amount 38,000 30,000 City of Chestnut Street Signal Relocation & Ft. Bragg Widening Project 25,000 Co DPW Centerline Striping Program, Ph. II 77,000 Orchar Ext MTA MTA Co DPW North State Street Improvements 33,000 Prepare Concept Design Acquisition of 3 Paratransit Vans Ukiah Transfer Center - Design Centerline Striping Program, Ph. I Subdivision Road Standards 56,400 10,000 33,000 41,500 $393,900 Co DPW Co DPW Total '1 APPROVED BY'~COG 12/4/1995 supercedes 6/6/94 policy MENDOCINO COUNCIL OF GOVERNMENTS STP (dl) PROGRAM POLICY AND APPLICATION INSTRUCTIONS The Mendocino Council of Governments (MCOG) has adopted a policy whereby Surface Transportation Program (STP) funds distributed under Streets and Highways Code Section 182.6 (d)(1) will be allocated to eligible applicants for planning, capital improvements, rehabilitation, and maintenance projects which may fall within any of the transportation modes identified in the RTP, following annual administration and planning budget contributions as determined by MCOG. Projects are to be of regional significance and of a short term readiness rather than' long term start up status. Projects may be phased to facilitate timely completion, whereby a phase of work is tied to a cycle of application and funding. The cycle for the STP dl process shall begin annually September 15th in conjunction with the Overall Work Planning Program cycle, at which time MCOG staff will foward application packets to all four cities, and various County Departments, MTA and other eligible applicants. 14 copies of each completed application must be received by the MCOG office no later than 5:00 PM on October 31st.'i (If this date falls on a weekend, the following Monday will apply). Applications received after that date will be rejected. Incomplete applications or applications with insufficient numbers of copies will be returned to the applicant for completion. All project applications are subject to a competitive review process and shall be rated and ranked based on the candidate rating criteria (established by MCOG) by the Technical Advisory Committee, with a recommendation for funding of one or more projects to MCOG. Annually, each RTPA makes a decision on whether or not to exchange its Federal d(I) and d(2) funds for State dollars. The TAC makes the exchange decision recommendation to MCOG, following the ranking and funding recommendations of the applications, (The d(2) exchange decision, however, is not related to the d(I) appli- cation and ranking process). .I MCOG will take action on the TAC's recommendations on or before their February meeting. If your project is selected for funding, your agency will be advised by letter. Specific performance requirements and allocation terms will be established on an individual basis by MCOG staff. Project funds will be set aside, but not distributed unless project timelines, quarterly reports and performance'.Schedules are met. A project will be deobligated from a funding commitment if I) project fails to commence activity as proposed in the approved task schedule and 2) a project utilizing other sources of funds fails to provide evidence of funding commitment by formal resolution or minute order within 60 days of notice of project selection, or in a~ccordance w~th their approved funding schedule. Deobligated projects are not prohibited from applying under the next competitive cycle. m 0 O~ 0'~ 0 I~ O~ 0 ~ 0 0 ~1' 0 0 r-. o Lr~ f-.. I-.- ~ OD 0 ~ 1'-. I'-.- 0 ~' C~ C~ 0 LI'~ r,4D 0 e,"~ 0 0 0 0 0 r,.. o o ,~1- ,-- ,- Iz'~ o o I,,. r,-. o ~. m. ~o~,-o~o. m.,.o, oo.r-.o,--,.o,-- , ~ , ~ ~o~,.o ~o - ~ 0 A ~ · '~'- -- -- ',- ',- ,- '~- ~-' ",- -- C~l eq I'-- O0 0 0 0 0 ITEM NO. 8b DATE' December 20, 1995 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND APPROVAL OF DISBANDING CULTURAL ARTS ADVISORY BOARD The Cultural Arts Advisory Board (CAAB) was established by ordinance of the City Council in 1990. At that time its duties and powers included recommending and advising the Council on: . e . . Policies to be adopted and enforced for the master planning, operation, and management of the Sun House/Grace Hudson Museum. Policies to be adopted and enforced for the operation, use, and management of all cultural arts activities and facilities. Policies for the planning of cultural arts programs for the community, and methods to promote and stimulate public interest, and solicit to the full extent possible the cooperation of school authorities and other public or private agencies. Policies for the acquisition, development, and improvement of facilities for cultural arts. The original CAAB developed a very ambitious, outstanding list of goals to be developed and realized by the Board members. These goals included developing a community scholarship fund, developing cultural arts in the school system, developing a calendar of cultural events, writing articles on arts activities, providing information on cultural arts events and opportunities to the tourism industry, preparing a resource directory of all local artists and cultural organizations, creating a resource directory of sites to display visual arts, and developing a Master Plan for the Grace Hudson Museum and Sun House. (Continued on Page 2) RECOMMENDED ACTION' Council discussion and recommendation relative to disbanding of the Cultural Arts Advisory Board. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine disbanding CAAB is not appropriate at this time. Acct. No. (if NOT budgeted): N/A Acct. No.' Appropriation Requested' N/A (if budgeted) Citizen Advised' N/A Requested by' CAAB Prepared by: Candace Horsley, City Manager Attachments- 1. CAAB Minutes of September 12, 1995 and November 14, 1995 2. Ukiah Municipal Code Sections 1010-1015 APPROVED~j_~t R:4/Can:ASRCAAB While all of these goals and objectives were very important, limitations of both time of the Board members and financial resources soon brought a realization to the group that trying to achieve two or three of these goals a year would be more appropriate. The Chautauqua event was a joint project between CAAB, the Museum, and other groups in the community and it was a very special and successful event. After the Chautauqua series, the Board membership changed and there was a concurrent change in direction towards more of a policy- making Board, versus an activities Board, due to the restricted time limitations of the members. For the next year, there was much discussion on policies for the City and for the community. Again, them were certain limitations that could not be ignored. CAAB had no authority over any other cultural arts group, and even though they had representatives from other groups and they were very willing to work together, each group had its own set of goals and objectives and funding sources. They also determined that most of the cultural areas were already covered by other boards or agencies. When CAAB turned to look at City cultural arts activities, it soon became obvious them were really not enough for a group to meet on a monthly basis and maintain a relevant level of participation. For more than a year and-a-half, the CAAB members have tried to define their role and sphere of responsibilities. Even with the turnover of membership, there was the continual discussion of whether the function should be policy-making versus an active pool of workers for various City-wide cultural programming. No resolution has been achieved due to the various restrictions mentioned. Ideas were also explored for CAAB to meet on a quarterly or even ad-hoc basis, being called when needed to discuss, decide, or act on certain City issues. At their November 14, 1995 meeting, the members finalized discussion of all these various aspects and decided that CAAB, at this point in time, should be disbanded as a formal group. They felt if there was a need in the future for CAAB, due to the changes within the City system or the needs of the community, the Board could once again be reinstated by the Council. Staff is now requesting that based on the CAAB members recommendation, the Council approve the Board's recommendation to disband CAAB until such time as reinstatement is necessary due to a City and community need for the Board to once again reassemble. MINUTES CULTURAL ARTS ADVISORY BOARD CONFERENCE ROOM 3 September 12, 1995 7:15 P.M. MEMBERS PRESENT Nancy Baltins Nancy Biggins Marge Guintoli Jim Mayfield Jean Slonecker Barry Vogel Bard Zensen MEMBERS ABSENT Beth Campbell STAFF PRESENT Candace Horsley City Manager Margaret Anne Lane Cultural Arts/Museum Director Dot Brovarney Museum Curator The Cultural Arts Advisory Board meeting was called to order by Chairperson Mayfield at 7:21 p.m. Roll was taken with the results listed above. APPROVAL OF AGENDA- September 12. 1995 The agenda of September 12, 1995 was approved as submitted. APPROVAL OF MINUTES - June 13. 1995 The minutes of June 13, 1995 were approved as submitted. STAFF REPORTS A. Museum Curator Brovarney reported on the current exhibition "No Laughing Matter: Political Cartoonists on the Environment" and the up- coming program, "Writers on the Environment: Literary & Journalistic Perspectives" scheduled at the museum for Sunday, October 1, from 2-4 p.m. A reception follows at 4 p.m. Chairperson Mayfield defined two roles for CAAB - advising the City Council and information dissemination. He suggested using CAAB to assist in long- term cultural planning for city and museum. He also raised the issue: is CAAB a policy body or a programmatic one? City Manager Horsley believes the ordinance doesn't match reality and suggests it should be rewritten with a more limited scope. The group agreed that the ordinance needs to be rewritten and asked staff to prepare a draft before the next meeting. Cultural Arts/Museum Director Lane offered to do this. There was some agreement that the programmatic function is covered by other organizations. There also was agreement that there are not enough policy issues to warrant monthly meetings. CAAB agreed to meet in November to review the draft of the revised ordinance, which will be mailed in advance of the meeting. There being no further business, the meeting was adjourned at 9:07 p.m. Jim Mayfield, Chairperson MINUTES CULTURA/~ ARTS ADVISORY BOARD 300 SF~4INARY AVENUE UKIAH, CALIFORNIA November 14, 1995 MEMBERS PRESENT STAFF PRESENT Nancy Baltins Nancy Biggins Barry Vogel Jim Mayfield Margaret Anne Lane Cultural Arts/Museum Director MEMBERS ABSENT Bard Zensen The Cultural Arts Advisory Board meeting was called to order by Chairperson Mayfield at 7-15 p.m., on November 14, 1995. Roll was taken with the results listed above. It was noted that lengthy discussions have been held by CAAB members for more than a year, to try and define CAAB's role and sphere of responsibility. Some members felt that CAAB should function as a policy-making body for cultural issues; others felt that it should constitute an active pool of workers for various city-wide cultural programs. No resolution was achieved. Ideas were also explored for CAAB to meet quarterly or on an ad hoc basis, being called when needed to discuss, decide or act on an issue. No resolution was achieved. The majority of the members present argued that because CAAB does not have a budget, does not set policies, nor have authority over other cultural groups, and the members do not have the time to do programs or activities, it should be disbanded as a group. ON A MOTION by Board Member Baltins, and seconded by Chairperson Mayfield, it was carried that the Cultural Arts Advisory Board vote to disband as a group. The question was called and, by voice vote, CAAB voted to disband itself. AYES- Board Members Baltins, Biggins, and Chairperson Mayfield. NOES: Board Member Vogel. ABSENT: Board Member Zensen. ADJOURNMENT There being no further business, the meeting was adjourned by Chairperson Mayfield at 8-00 p.m. §1010 §1012 CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE lA. CULTURAL ARTS ADVISORY BOARD SECTION: §1010: §1011: §1012: §1013: §1014: §1015: Creation Membership; Appointment Term of Office; Vacancies Duties and Powers of the Advisory Board Expenses of Members; No Compensation Chairperson; Officers §1010: CREATION: There is hereby created a Cultural Arts Advisory Board. This advisory body shall report to the City Council. (Ord. 916, §1, adopted 1990) §1011: MEMBERSHIP; APPOINTMENT: Said Advisory Board shall consist of ten (10) members who shall be appointed by the Mayor with the approval of the City Council. There shall be four (4) members at large with six (6) members representing Education, the Grace Hudson Museum Endowment Fund, Sun House Guild, the Ukiah Civic Light Opera, the Ukiah Symphony and Ukiah Community Player Theatre. A recommendation for appointment shall be provided by a majority vote of the Board of Directors of each respective entity acting at a duly called meeting according to the bylaws of the organization. (Ord. 916, §1, adopted 1990) §1012: TERM OF OFFICE; VACANCIES: All appointments to the Advisory Board shall be for a term of three (3) years. Appointment to fill vacancies during a 1 O29 §1012 §1015 term of office shall be filled as provided in §1011. Reappointments to the Advisory Board shall be pursuant to Chapter 4, Article 5 of the Municipal Code of the City. (Ord. 916, § 1, adopted 1990) §1013' DUTIES AND POWERS OF THE ADVISORY BOARD: The Cultural Arts Advisory Board shall have the power and duty to recommend and advise on: A. Policies to be adopted and enforced for the master planning, operation and management of the Sun House/Grace Hudson Museum. a. Policies to be adopted and enforced for the operation, use and management of all cultural arts activities and facilities. C, Policies for the planning of cultural arts programs for the community, promote and stimulate public interest therein, and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public or private agencies interested therein. Do Policies for the acquisition, development and improvement of facilities for cultural arts. (Ord. 916, §1, adopted 1990) §1014: EXPENSES OF MEMBERS; NO COMPENSATION: The members of the Advisory Board shall .receive no compensation, except such traveling expenses as are authorized by law. (Ord. 916, §1, adopted 1990) §1015' CHAIRPERSON; OFFICERS: The Advisory Board shall elect a chairperson from among its members for a term of one year and may elect such other officers as it may determine. (Ord. 916, §1, adopted 1990) 1 O3O