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HomeMy WebLinkAbout2005-02-02 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 2, 2005 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/PRESENTATIONS/INTRODUCTIONS a. Presentation Regarding Mendocino County Animal Shelter- Greg Foss b. Special Presentation 4. APPROVAL OF MINUTES a. Regular Meeting of December 15, 2005 . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption of Resolution Approving Records Destruction (Public Utilities Dept.) b. Award of Bid for the Purchase and Installation of a Tank Liner for Lookout Drive From New World Mfg. Inc. of CIoverdale, CA in the Amount of $5,390.58 c. Adoption of Ordinance of the Ukiah City Code Sections 6058 and 6060 in Division 7, Chapter 1, Article 5, entitled "Noise Regulation" and Section 1985 in Division 1, Chapter 12 Entitled "Parks and Recreation Facilities" 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. UNFINISHED BUSINESS ao b. c. Adoption of Resolution Making Appointment to the Airport Commission Consideration of Policies for Amplified Sound in City Parks, Streets, and Outdoor City-Owned Facilities Authorize City Manager to Approve Bartle Wells Associates, Contract Line Items 13, 14 & 15 for Consulting Services Related to Financing the Upgrade and Expansion of Water and Wastewater Systems Authorize City Manager to Direct Consultants to Mail Proposition 218 Notices and Schedule Public Hearing on Proposed Water Utility Rate Changes Continue Item: "Approval of Resolution Establishing an On-site Traffic Signal Mitigation Fee for the Airport Industrial Park" to Council Meeting of April 6, 2005 do eo 1 NEW BUSINES a. Discussion of Letter Submitted by Vice-Mayor Baldwin Concerning the Development at 100 West Standley Street 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION a. G.C. _654957.6-Conference with Labor Neqotiator Employee Organization: Management Unit Agency Designated Representative: Candace Manager Horsley, City 13. ADJOURNMENT AGENDA ITEM NO: 3a MEETING DATE: February 2, 2005 SUMMARY REPORT SUBJECT: PRESENTATION REGARDING MENDOCINO COUNTY ANIMAL SHELTER - GREG FOSS A number of positive changes have occurred with animal control in Mendocino County since the County and the City partnered to construct the new animal shelter on Plant Road. Greg Foss of Mendocino County Animal Control will provide a presentation to the Council regarding the progress that has since taken place, and will be available to answer any questions the Council may have. RECOMMENDED ACTION: Receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A None Approved: gerCandace Horsley, City 4:CAN/ASR.Present. AnimalShelter.020205 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 15, 2004 The Ukiah City Council met at a Regular Meeting on December 15, 2004, the notice for which had been legally noticed, at 6:32 p.m. Roll was taken and the following Councilmembers were present: McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Public Works Director/City Engineer Steele, Public Utilities Director Ziemianek, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. City Attorney Rapport, City Manager Horsley advised that Staff is "Approval of Resolution Establishing an Airport Industrial Park" be pulled from the interested parties before bringing the that itemi~i~=?ublic=~,i::?,~,,=~ Hearing for I, S~gnal M~g~[i=o Fee for the a to allow Staff ti~i?=~:~to~ speak with City Attorney Rapport advised that.=the Public Id need to be re-noticed. MIS McCowen/Baldwin to consent of the City Council. 3. II 3a. Introduction Coord Planning Kevin Ingram, to planning a at he 3. 'ROI 3b. ,ntation b' Jim Sal~ ~sident been Solid be attending He explained the transfer station date; carried by unanimous iced Compliance ,'s new Code Compliance Coordinator, ;ed Mr. Ingram's interest in land use professional planner. ~d and excited to have this opportunity. Systems: Status Report on Operations iolid Waste Systems, advised that Rick Powell, who has Systems, recently retired. He stated he would regularly iino Solid Waste Management Authority (MSWMA) meetings. Systems has implemented a two-line recycling system at p with traffic congestion on Saturdays. Mr. Salyers explained that new State regulations effective December 31, 2004 will require Solid Waste Systems (SWS) to retrofit some of the garbage trucks to reduce particulate matter emitted from the diesel engines. SWS is reviewing the feasibility of using bio-diesel to reduce the particulate matter to an acceptable level. However, bio- diesel has not yet been certified for use as an acceptable fuel. Regular Ukiah City Council Meeting December 15, 2004 Page 1 of 11 Rick Holliday, representing Motor-Carrier Specialists, explained that his company has been hired by North Bay Corporation to establish a systematic procedure/action plan for auditing the garbage trucks within the parent company to ensure that safety standards and best practices are appropriately maintained, similar to CHP safety practices/procedures. They have been contracted for one year to help organize and train SWS staff. City Manager Horsley commented that Solid Waste Systems is doing a free fall leaf pickup in December at no extra charge to the customer the California Air Resources Board (GARB) regula~?~::~: whether Solid Waste Systems has been working with the Mendocino C:~~'~::'Air i[ity District relative to grant assistance ..... ,~,:i,~ii~.iiii!! i~.iiii?:~: Mr. Salyers replied that he had applied for .g~i~::~::through the State ~'i~i Was not aware that grant assistance was available f~ii :. the Men!a~,ocino Coun'{~: :. Air Quality Management District. Mr. Salyers stated that the yard ~~,~and garb;i~ ~:.at the transfer station have been reduced to the level where they sh~iiii~ii,,:i~be reor~:~i~tion of Solid Waste Systems will address the issue of properly ha~iiipg~'~iii~::!ing ~'~ials. He does not anticipate that recycling and collection will be a I~lem i'~ii~ii~re.':~'~:~'~':ii?:i Paul Caylor, stated,,~,:ii~!iii ~i )irecto~i!ii~i~nsporta~i~ in charge of solid waste for Uendocino Co nty:~iii:i~ii~ii!i'S ~s hear ~iicompany is moving forward with improving their vehicle ~aiii~gan( p~ He":'~!!::!~dressed the safety inspection reports conducted by the ':i~i~P c~Pany operating under the North Bay Corporatio~:,,:::.,:: ::~:. 4. RT COMMISSION APPLICANTS 4a. Allan Hunter and Carl Steinmann City Ulvila ann( Carl Steinmann contacted her office and informed her tha~'~',;will not be a~:l~;;?~:to att~'~nd this meeting, but hopes that Council will take his applicatio~ i~d:er conside~ion. Allan Hunter fi~ from Council concerning operations at the Airport. Sherrie Steinmann ~dvised that her husband, Carl, is out of state and he asked that she attend the meeting and answer any questions in his place. Council asked her questions about her husband's background and interest in serving on the Airport Commission. 5. APPROVAL OF MINUTES Sa. Regular Meeting Minutes of November 17, 2004 It was the consensus of the Council to continue the minutes to the next City Council meeting. Regular Ukiah City Council Meeting December 15, 2004 Page 2 of 11 5. APPROVAL OF MINUTES 5b. Regular Meeting Minutes of December 1, 2004 It was the consensus of the Council to continue the minutes to the next City Council meeting. 5. APPROVAL OF MINUTES 5c. Special Meeting Minutes of December 7, 2004 City Clerk Ulvila recommended a correction to the time that the meeting began. It should be 9:00 a.m., rather than p.m. MIS McCowenlCrane approving the Regular Meeting mi.:~il of December 7, 2004, as amended, carried by the following roll call vote: A¥~iii?~cilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: ~~i~'' AB ,N: None. ABSENT: 6. RIGHT TO APPEAL DECISION ,~::~iii Mayor Ashiku read the appeal process. :~::~iiiiiiiiiiii!!ili~ .... :~"~:: .... 7. CONSENT CALENDAR City Manager Horsley com Sonoma prepared the contract. changes: 1) Include section 4.3, wi allows the City to administrate such Directors. The City the Watershed Associatio~i i 7d, and stated the County of to make the following 2) Add language that J by the Board of for the Russian River MIS McCowen/R6~iin approvi:.~i~?items "a~;~.i:i!i:ii!~,,rough "e" of the Consent Calendar as a. Ap p roved,:.~::~,~jsb u rs~~i~:~'~':~i~~i~ be r 2004; b. Awa~iBiiS!;i!~::,25, 3~iiiii~iS, 50, 70, and?5 Foot Class 3 Western red Cedar Poles to Be~!!~ber ~'~'~:~¢o ~y in the Amount of $23,646.48; c. ~?ved Expen'a~i!~es i':~{ibe. Amount of $100,000 for Legal and Engineering s~i~es Related to':~'~eewi~.~;nd Extending the Annual Contract with Weathedord d. Appro~~pnsulting ~ement with Data Instinct for Se~ices to the Russian River Watersh~~ ociat~a~? e. Awarded B~:~?:~:~[ ~:h 50 KVA and Five KVA Pole Mount Transformers in the Amount of $15~~. Motion carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN' None. ABSENT: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Richard Seizer stated he is the Chairman of the Employers Council, and they recommend implementing a new sales tax measure. The initiative would be a one-half cent increase in the existing sales tax with a five-year sunset. If the City Council is not able to place this measure on a special election with the necessary number of Regular Ukiah City Council Meeting December 15, 2004 Page 3 of 11 signatures, the Employers Council would undertake that task. Furthermore, if the measure failed to pass, the Employers Council would pay the cost of the special election up to $10,000. Councilmember McCowen inquired whether the Employers Council would be willing to campaign on behalf of the sales tax ballot measure. Mr. Seizer replied "yes." .... ~::. James Connerton thanked the City Police and the Parks ~i~i~i~creation Departments and Planning Director Stump for initiating clean up of the.~~eek bench. Warren Sawyers welcomed Mayor Ashiku and Co.~,.fi~ii~em~i~iiiilCrane and UcCowen to the Ukiah City Council. He briefly discussed ,~lems regar~¥~iiii~the reading of his electrical meter. He is working with the Ci~i;~i~::'~ anticipates ~:~ ~@roblem will be resolved ..... 9. PUBLIC HEARING .... :.~::~:::?,~.~,?:?:?,~,:~,:, 9a. Tentative Certification of Environmen1 Re Brid_cle and Orchard Aven Planning Director Stump reporte EIR, and stated that an Addendum information on public service p changes in long-term, unit apartment substantially pacts in the EIR. Th~ii!i!~!~ii~R identifi construction of the inducing Triangl~ ident for the Orr Creek for preparation of the ~repared to update certain ~e current and to address from the RCHDC 153- this lar project would not have those med for the subject parcel and identified ,:a impacts that could result from the as well as future growth- .pment of the 95-acre Brush Street gation meas~ were recommended for those impacts ignificant. However, the EIR identifies one significant g ucing be successfully mitigated or avoided with buildout. It state:~?i! i~Buildout traffic':'::~ Id r~lt in insufficient vehicular storage capacity on East PerkinS'~{~eet between ~hard,,~venue and the Southbound Highway 101 ramps to accommo~:~:!~eastbound ~ffic. A Statement of Overriding Consideration has been prepared and~i!!i:~:iii, ncluded: :i~ ~he proposed Resolution. Mr. Stump state~ii;i?~!~?City and County staff also prepared a Land Use and Road Improvement Agree~ent concerning future development in the Brush Street Triangle that was approved by both the City Council and the Board of Supervisors. The Agreement requires the County to adopt an Ordinance requiring discretionary review before the City can certify the EIR. Subsequently, the County Board of Supervisors adopted a 45-day urgency/interim Ordinance on December 7, 2004, to allow the City to move forward with EIR certification. The revised EIR, final EIR, and EIR Addendum comprise the EIR to be certified. He recommended Council tentatively certify the EIR and direct staff to prepare a Mitigation Monitoring Program and Resolution certifying that the EIR complies with the CEQA requirements for adoption at the next regular meeting. Regular Ukiah City Council Meeting December 15, 2004 Page 4 of 11 Leonard Charles stated he is the consultant who prepared the EIR for the City's Orr Creek Bridge and Orchard Avenue extension project. He stated the RCHDC project in the unincorporated area is required to have its own environmental study to address specific impacts. He stated that the EIR Addendum reached the conclusion that area- wide impacts could still be reduced to less than significant levels even if the RCHDC project were developed without preparation of a Specific Plan because of where the project is located. The residential project would not interfere with any future open space, recreation, drainage plan, or circulation plan for the ~Udy Area. It was also concluded that it would not interfere with an overall desig~ ~'~'~tif for the area, since commercial development was assumed/planned for.~:~;~:,:i~,i~i~t of the Study Area. Consequently, the City Council may desire to ch~?~i!i?::~mitigation measure to articulate that a Specific Plan be created before~t~i?¥irst '~mercial development application is submitted Councilmember Baldwin commented the for relieving traffic on Ford Street wi1 referred to page 40 of the Ell:{, and noted intersection of State Street and Ford=:~:Street is co~ help meet th=:~i:~":'i~:~::!~y s objectives traffi~ i~pacts. He ~1 a traffic Signal at the Mr. Charles replied the traffic ~ed on "buildout" of the entire area, including new developments the new bridge would not directly cause the need for a traffic State Street and Ford Street. It is the future derailments th; i the new bridge along with other developments.::,,~i~i !~'~'~':~?!~hat w~i~i~ ?~reate the~'~"heed. He added that MCOG conducted their o~ ~ffic stud' ~f the g::~h Street Triangle, and their recommended mitigated measu~ ~:re noted :.j~ ihe EIR. ~:~ agreement recently made between the City and County st:~i:i::,that ~:: ~':~e!:~,p. me~i i~ the area will be required to meet and pay the cg~t~:.~r its m~'~'~ts identified in the MCOG traffic study and/or f~ii~ ~ffic':~(~ that may la~"be required. A g:e~l discussio~iii::ii~!~we~iiii~rding the issue of designating open space to meet the s~':~e footage per~i~ge ~irement recommended in the EIR. Mr. Charl~i~tated all ne~,::i~rojects would be required to go through CEQA review. ......... · .~ .................................... ~ iiii~ili i~:: i :: :. :.i~ Councilmemb~i~iiii~!i ~::::: commented the EIR does not specifically state that 20 percent of the are~i;~i~'be set aside for open space. He further commented regarding the CEQA review, ~:nd inquired as to how many adjacent developments received Negative Declarations rather than an EIR after the EIR for Wal-Mart was prepared. He is not in favor of applying the AlP development standards as a model for development of the Brush Street Triangle. Councilmember Baldwin expressed concern regarding the concept of "piece-meal" development. He stated it is his understanding that there is an immediate request for water facilities for another housing project adjacent to the RCHDC affordable housing project. He stated "piece-meal" development was allowed in the AlP, and expressed Regular Ukiah City Council Meeting December 15, 2004 Page 5 of 11 concern that without a specific plan such development will occur in the Brush Street Triangle. Councilmember Baldwin referred to page 10 of the EIR Addendum regarding water and questioned how a new water license/permit from the State would increase the amount of water available for use by the City. City Attorney Rapport commented that the City has applied to the State to extend its 10-year period to another 10 years. This would allow the G;i~!~:~,:to put more water to beneficial use, provided the extension permit is granted. .~:~::~::~ii!?~i~; i i!i??:~' .... Councilmember Baldwin stated the original EIR ~¢~iiiiii~be need to develop a "specific plan" for the area, but development in=. t~?COm iai context was not mentioned in any of the Mitigation Monitoring Progi~!~= measures. .... Mr. Charles stated it became apparent ~i!ii!i~'~'' "specific plan" is ~ssary before commercial development occurs in the BruS~?;~treet Triangle, Councilmember McCowen commented it wo~ili~ ~: buildout of the development that would generate traffic rather .... e constru~ii~,;..of the bridge. In his opinion, by building the bridge and not con ~~, there would be a significant amount of additional traffic in the Mr. Charles agreed th~;ii~!~ii~ge Mr. Stump stated~i~!':?i~i~s~'::~':~''~'?:~''~? the )n the the K-Mart He stal that environmental e was regarded as an "enhancement" to idge was not required in the K-Mart Counci wh~ is to move poten'tiF~i!y jeopardize dated. ;tated the e could be built, but not opened until later have been made to Brush Street. However, there pment of the bridge because not doing so could ~ g ~:': r allow the corresponding documents to become Public Hear,~!~pene~i~!~i,:i;~,45 p.m. Members of the ::~~':~e that spoke to the issue were: Judy Pruden, Jack Cox, Susan Knopp, Ken:~::~'~nderson, Maxine Stevens, Halem Hoser, Dan Holbrook, Lee Howard, Diane Zucker, John Mayfield, Emmett Jones, Dwayne Hill, and Bill Randolph. Public Hearing Closed: 9:11 p.m. Considerable discussion followed relative to the EIR for the Orr Creek Bridge and Orchard Avenue Extension projects. Topics discussed included the results of the traffic study, delaying a decision on the matter to allow time to address the concerns expressed by the Wagonseller's Neighborhood with regard to traffic congestion once Regular Ukiah City Council Meeting December 15, 2004 Page 6 of 11 the bridge is built, the possibility of traffic congestion once RCHDC builds their proposed housing project, and obtaining further information from the City's annexation consultant. Mr. Charles clarified the purpose of the EIR and explained that building the bridge will improve traffic conditions in the area and noted that everyone will be assessed their fair share of the costs. There was further discussion regarding the issues of constructing the bridge and traffic circulation, CEQA, whether the mitigation fees are adequate~,~.~be need for housing in Ukiah, the possibility of annexing the area in the Brush~,:~::~bt Triangle, creating a sufficient area of open space in the Brush Street Tril and the possibility that commercial development in the area would trigger specific plan. It was noted by Staff that the City cannot mandate a speci ~rty that is not within the City limits. A meeting with the Wagonseller'., suggested. Staff advised that it is not knc completed. Staff also discussed how the history of working with County that dialogue between the City and County ihborhood'::~"~;a,~,RCHDC was also the citywide'::~~ study will be money would be d:'§~i~.~, The City's discussed, and it waS'~:~ted by Staff City Attorney Rapport discusse~iiii~ili~rms and '~"~ss for the agreement. He also discussed the impacts of delayin::'~iii~i~ification::'~'~i?~;:iiiii?~be EIR. He recommended Council focus on whether there a~ii;~;i.:a~i~i~ii~ii~i::gncie~;i!~,i?~i~i:~,,,,,~,~he EIR that need to be addressed so that Staff can bring bac~::docu~ ~b~,~t~ ca::~e ce~ified. He went on to discuss Council makin~ ~~g~: ~nd th~~ ~:~:'~i~i~ ~he mitigation monitoring plan. He explained that it ~:~::i~ ~se'~i~::s polic~ ~[:to provid~ water unless the requestor annexes the prope~.~tb the citY~ ~RCHDC~:'~:~s filed annexation papers. It was the conse~;~?~f C~~l~?~:~:j[~ct~~"'~ ':~ to address the four points of concern expressed..~:~:~Coun~ ~'~~i~~?~epo~ to Council at its next meeting. Fu~her,~ ~]~pr~~;Council with':':::~:~ra~ resolution ce~ifying the EIR document inclu~~:'nguag'~:~es~:~es criteria for the RCHDC prope~y to proceed without a S~c Plan. ~::::~'?~?~; ~?~ MIS M:~ en/Crane t~tivel~Ce~ifying the EIR for the Orr Creek Bridge and Orchard ~~e E~ensi~roject, based on the consensus of the Council with regard to direction t'~ff, and::~;~cting Staff to prepare a Mitigation Monitoring Program and Resolution to f~].~~i~ the EIR for the City Council's adoption; carried by the following roll call ~:~?~YES: Councilmembers McCowen, Crane, Rodin, Baldwin, and MayorAshiku. NOES: None. ABSTAIN: None. ABSENT: None. Recessed: 10:22 p.m. Reconvened: 10:35 p.m. 9. PUBLIC HEARING 9b. Approval of Resolution Establishing an On-Site Traffic Signal Mitiqation Fee for the Airport Industrial Park The City Council, by unanimous consent, approved continuation of this matter to the next meeting. Regular Ukiah City Council Meeting December 15, 2004 Page 7 of 11 MIS McCowen/Baldwin to send the Airport Commission applications to the Airport Commission for review and comment and that the City Council consider appointment to the Airport Commission at their February 2, 2005 meeting; carried unanimous consent of the Council. 10. UNFINISHED BUSINESS 10a. Discussion of Funding Mechanisms for the Acquisition and Development of Properties and Projects for Paths, Open Space,.~=.~=.,.,..~d Creeks Within the C, of Uk,ah Community Services Director DeKnoblough discuss~ii~i§ Staff Report regarding potenbal funding sources for the acquisition and devel.~~i~,=propert~es and projects identified by the Paths, Open Space, and Creeks CO~bsio~i~=~©SC). He discussed funding sources through the California State.~ks and FiS~i~iii~n~d Game Grants, Conservation Easements and Land Trusts, a~.',~ii~ii as additional f~ding through the California Department of Forestry. Addj~j~i~iiy, the City CounCi[~ has previously designated in the budget $185,000 in th&~?:~ecial Prgj~ts Rese~e ~hd for open space acquisition. As no prope~ies have 5~=.=rece~nded for acquisition, these funds remain in rese~e. Councilmember Rodin suggeste~?~J~ld be ~'~'~le of the POSC to make the appropriate contacts with land ow~. ~~,cribe ":~?:~program. The difficult pad would be to come to an agreement~th th~~d~?~wn~? She explained that the Depa~ment of Consewa~j~ ~ers an a::~i:;~.u:!~¥=~:~~i°n grant. Mayor Ashiku s[~?:~:':that d~g thJs'~[~ when the City has severe economic challenges, even:::~lying ma~g funds':::~ld be a challenge. Judy Prud.e~:.~suggeS[~Jh~~:~:~~~~::r~ with the Ukiah Valley Trail Group. y?:: irector DeKnob ough advised that POSC member, HoWib. ~awks, is a::~mbe~:~?':'~f~:~that group and he will contact him about funding Councilm ~r Baldwi~quested that Council hear agenda item 10b next. Council was polled a~~p~ove~::::'~consensus. JOb. Discussion ~d Possible Introduction of Ordinance Amendin~ CiW Noise Regulations and Consideration and Possible Adoption of Noise Regulations for City Parks and Facilities Councilmember Baldwin expressed his concerns with amplified music in parks especially as it relates to the impact on neighborhoods where City parks and other outdoor facilities are located. City Attorney Rapport explained the proposed changes to the current Noise Ordinance, as presented in the Staff Report. He also explained the proposed Regular Ukiah City Council Meeting December 15, 2004 Page 8 of 11 Resolution establishing specific amplified sound policies for the City's parks, streets, and public areas. Discussion followed with regard to changing the classification of violations to infractions, as proposed by Staff, and setting the amount of the fine for penalties. It was noted by City Attorney Rapport that the proposed fine is the maximum amount in every case and the judge hearing the case can impose a fine up to that amount. Discussion continued concerning fines for subsequent offenses. Police Chief Williams discussed the issues related and court proceedings. MIS Baldwin/McCowen introducing Ordinance amt only; carried by the following roll call vote: AYE: Baldwin, and Mayor Ashiku. NOES: Crane. Al City Clerk Ulvila read the title of the the City of Ukiah Amending Ukiah City "An regulations by title ~ml , Rodin, : None. ABS' : None. of the ~i~ Council of and 6060 in Division 7, Chapter 1, Article 6, Entitled "Noise .... Regulation" ion 1985 in Division 1, Chapter 12 Enbtled: Parks and Recreat~on~ JJ,!l:les. .... MIS Baldwin/McCowen introducin~!;~!i~i~d"i~~iiii~iii:~,~rrie~':i'~iiii~,;,,~:~he following roll call vote: AYES: Councilmembers McCowen, R~iln, Bai~i~i~;iand M~r Ashiku. NOES: Crane. ABSTAIN: None. ABSE~ ~ne. ..... ........ It was the consen~i?~f the Io continue the matter of adoption of the Resolution ulating ,lifted sound in parks, streets, and other City owned ~il meeting. 11. 11a. d' bring back meeting':'~::~ii~:~::~,.that the Ai recomme~i]~:n. ;nt to the Airport Commission consensus of the City Council to direct Staff to Co consideration after the next Airport Commission ~rt Commission could provide the City Council with a 11. NEW B'0~iE.~ii!ii! 11b. Discussio~!i!i~=.~:~ApprovalV_.~.;_........ of Memorandum of Mutual Understandinq for Participation ::~:in Development in a North Coast Integrated Regional Water Manaqement Plan City Manager Horsley advised that staff is requesting Council's approval on a Memorandum of Mutual Understanding so that Prop 50 money will be available to the City· Various aspects of the MOU were discussed· MIS McCowen/Rodin approving the Memorandum of Mutual Understanding for participation in and development of the North Coast Integrated Regional Water Management Plan pursuant to Chapter 8 of Proposition 50; carried by the following roll Regular Ukiah City Council Meeting December 15, 2004 Page 9 of 11 call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 11. NEW BUSINESS 11c. Assignment of Ukiah 'City Councilmembers to Various Committees Mayor Ashiku discussed his list of recommendations for Councilmember appointments to various committees and heard from Council with regard to their interests. He concluded that his recommended appointments will be assigned and be subject to review in the future. He noted that each Councilmember r~esents the entire City Council on the committees and discussed the importance o~ii~"~cilmembers providing reports at Council meetings of the committee meetings th~ii~nd. Councilmember Rodin noted the importance o~: :~=ncil~"~bers bringing issues before the Council to obtain a consensus or dire~i~iii~rom the en:~i~:=,~:=,~,:0uncil concerning how they should vote on specific issues. 1 ld. ~-~'~~ppointment of Vice- ::~,,~:,~i',?,ii;iii iiiii??'i?~:: ...... ::::~ City Manager Horsley briefly explained the d ii::ii~!~{~e Vice-Mayor and noted that Councilmember Baldwin is the se~i~ii~mber of t~i~uncil and has held the position of Vice-Mayor since December 199~?~;~;~::~ ........ ~:~ ~ ~?~:~::~ ..... MIS McCowen/Ashiku appointing ~pcil ~[~:al~B~: Vice-Mayor of the City Council; carried by th.e~~i~:ng roll:~:~!.l :~ ? ..... ?~?~::~:C°uncilmembers McCowen, Crane, Rodin, Bald~i~;~M Ashik~::~::~::Es: Non'~~:'~:': ABSTAIN: None. ABSENT: 11. NEW BUSINE~ ...... ............ 11e. Authe[~tion~:~:~~?>::~~~?~Water Resources Control Board of ~~e!ley~::::~:~t~'"~er Oistrict'~-~:~plications to Appropriate Water From ~:~:~'t Fork:~~:.~an:~~ and Mi~ Creek CitY?~ ~orney Rap ~::ex~l~al~d that Redwood Valley Water District has filed appli~~s with the W~[ ReS~Ces Control Board to appropriate water for multiple uses fr~:~ill Creek an~m th~'~West Fork of the Russian River. There were many unanswer~q~:estions a~ these applications and they could impact the City's water rights. ThiS'~'~A prote filing to insure that the City has standing to protect its interests in pro~ ~in~¥ore the Board. MIS Rodin/Baldwin':~authorizing Robe~ Wagner to file protest contained in Attachment 1 of the Staff RepoA on behalf of the City of Ukiah; and carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 11. NEW BUSINESS 11f. Overview of Council/Planning Commissioner Appointment Process City Manager Horsley provided an overview of the Planning Commission appointment process. Regular Ukiah City Council Meeting December 15, 2004 Page 10 of 11 A brief discussion followed regarding the new procedure, terms of the Planning Commissioners, and the rotation process for Councilmembers making the appointments. 11. NEW BUSINESS 11g. Consideration and Possible Approval of Settlement Aqreement in McCann, Templeton v. Ukiah City Attorney Rapport explained that the matter would be discussed in Closed Session. Any action by Council would be taken in open sessian~?= No reports. :,~iiii 13. CITY MANGER/CITY CLERK REPORTS ..... ~;i~;,!iiiiiiiii- !!i':~:TM .... City Manager Hors~~~ents- --'--"------- ~":~':~':' list to Councilmember Baldwin reported that h~i~ended ~ii~i::~oeting of th~i:iiii~iah Valley Sanitation District earlier today and one of"~i::~gge.g~iii¢:i~ms concerne~':~the use of grease traps. Some members of th~. audience c .... the validity and requested the District conduct a workshop on its ~ii:,',iiii~:~:,~:.,,: ...... :::~i!::ii!~:ii!!!iiiii ~.:: ^djourned to C osed Session: ii :i ....... 13. CLOSED a, G. C ,rice 6'iiator Em it Ac Candace Horsley, City Manager b. al Counsel - Existing Litigation S.C. No. SCUK CVG 0391282 11 of Settlement Agreement in McCann, MIS R~ ~rove ~ttlement agreement in the McCann, Templeton v. Ukiah by consent of the City Council. There being no fu ~!~siness, the City Council meeting was adjourned at 12:03 a.m. Marie Ulvila, City Clerk Regular Ukiah City Council Meeting December 15, 2004 Page 11 of 11 ITEM NO. 6a DATE: February 2, 2005 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING RECORDS DESTRUCTION The Public Utilities Department has reviewed Records Destruction Notices encompassing five boxes and identified these record boxes as ready for destruction. The City's Records Retention Schedule was adopted by City Council in 1999. The City Attorney has reviewed the Records Destruction Notices for each archival box and has approved those boxes designated for destruction. Funds have been allocated in the City Clerk's budget for shredding of documents. RECOMMENDED ACTION: Adoption of Resolution Authorizing Destruction of Certain Records ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Marie Ulvila, City Clerk Candace Horsley, City Manager and David Rapport, City Attorney 1. Resolution with attachment authorizing the destruction of certain records APPROVED~~'~...-.,~ _ ASR: Records D~~~udc~~ne2~~~Sley: C-ity-I~Public Utilitie~anager RESOLUTION NO. 2005- ^TTACHMENT._~._ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the City Clerk's Department has reviewed and approved the list of records provided by the Public Utilities Department that are ready for destruction; and WHEREAS, the attached list of City records represents records which are no longer necessary and may at this time be destroyed. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records. PASSED AND ADOPTED this 2nd day of February, 2005, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk Resolution 2005- Page 1 of 1 RECORDS DESTRUCTION NOTICE FOR CITY OF UKIAH Date: January 10, 2005 Department: Public Utilities J Records Coordinator: Marie Ulvila, City Clerk Current retention schedules show that the records listed are now ready for destruction. Instructions: 1. Review this listing. 2. Obtain Department Head's Signature. 3. Return this notice, signed, no later than Jan. 18, 2005_ to City Clerk. Thank you for your cooperation in keeping our records management system working smoothly and legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION COMMENTS DATES 262 2137 Misc. Correspondence /~ 9/91 - 8/00 9/00 - 9/05 300 2153 Misc. Correspondence 9/91 - 8/00 9/00 - 9/05 305 2156 Misc. Correspondence 9/91 - 8/00 9/00 - 9/05 313 2158 Misc. Correspondence ,/,,~ ~' 9/91 - 8/00 9/00 - 9/05 319 2161 Misc. Correspondence v" ~u,,-~--: 9/91 - 8/00 9/00 - 9/05 uthorizing~struction nt Head]/I Ci~ Clerk -II Date: J.-I?--~ ,~- I Date: y/~?..//~:~ Date: Destroyed By Date: Reports: Destroy-City Clerk 2004 AGENDA SUMMARY REPORT ITEM NO. 6b DATE: FEBRUARY 2, 2005 SUBJECT: AWARD OF BID FOR THE PURCHASE AND INSTALLATION OF A TANK LINER FOR LOOKOUT DRIVE FROM NEW WORLD MFG. INC. OF CLOVERDALE, CA IN THE AMOUNT OF $5,390.58 Pursuant to City of Ukiah Municipal Code Section 1530, this is to notify the City Council of the bid award to New World Mfg. Inc. of Cloverdale, CA in the amount of $5,390.58 for the purchase and installation of a tank liner in the city reservoir located at Lookout Dr. There were two bids received for this project with New World Mfg. Inc. being the lowest bidder. This purchase is required to protect the health of the customers using water supplied by this reservoir, a redwood tank that can promote microbial growth. The liner will isolate the potable water from the redwood while maintaining the aesthetics of the tank. Staff will be able to remove additional disinfection feed equipment and the City distribution system will remain a Grade III rating which will in turn, provide for more flexibility in our hiring process. It is staff's recommendation that the bid in the amount of $5,390.58 be awarded to New World Mfg., Inc. RECOMMENDED ACTION: Receive notification of the award of bid to New World Mfg. Inc. in the amount of $5,390.58 ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Director of Public Utilities Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager Candace Horsley, City ~l~anager AGENDA ITEM NO: 6r MEETING DATE: February 2, 2005 SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTIONS 6058 AND 6060 IN DIVISION 7, CHAPTER 1, ARTICLE 6, ENTITLED "NOISE REGULATION" AND SECTION 1985 IN DIVISION 1, CHAPTER 12 ENTITLED "PARKS AND RECREATION FACILITIES" On January 19, 2005, the City Council voted 4-0 to introduce an ordinance amending the Ukiah City Code sections 6058 and 6060 in Division 7, Chapter 1, Article 6, entitled "Noise Regulation" and Section 1985 in Division 1, Chapter 12 entitled "Parks and Recreation Facilities" by a unanimous vote of the Council. The Ordinance is now being presented to Council for adoption. RECOMMENDED ACTION: Adopt ordinance amending the Ukiah City Code sections 6058 and 6060 in Division 7, Chapter 1, Article 6, entitled "Noise Regulation" and Section 1985 in Division 1, Chapter 12 entitled "Parks and Recreation Facilities." ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Shannon Riley, Executive Assistant David Rapport, City Attorney 1. Ordinance for Adoption Amending City Noise Regulations and Noise Regulations for City Parks and Facilities A p p roved ~"~'~"--~~ 4:CAN/ASR. NoiseO,~~~~.~~0~0~ O rs I ey, City M~anager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE SECTIONS 6058 AND 6060 IN DIVISION 7, CHAPTER 1, ARTICLE 6, ENTITLED "NOISE REGULATION "AND SECTION 1985 IN DIVISION 1, CHAPTER 12 ENTITLED: "PARKS AND RECREATION FACILITIES." The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections 6058 and 6060 in Division 7, Chapter 1, Article 6 of the Ukiah City Code, entitled "Noise Regulation" are amended to read as follows: ' §6058: GENERAL NOISE REGULATIONS: Notwithstanding any other provisions of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, .or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. ,, Standards which may be considered in determining whether a violation of the provisions of this Section exists include, but are not limited to, the following: A. The level of the noise; B. The intensity of the noise; C. 'Whether the nature of the noise is unusual; D. Whether the noise stands out against the level and intensity of the background noise, if any; E. The proximity of the noise to residential sleeping facilities; F. The nature and zoning of the area within which the noise emanates; G. The density of the inhabitati'on of the area within which the' noise emanates; H. Whether the noise occurs at a time of day when most people expect relative quiet; ORDINANCE NO. · 1 I. Whether the noise occurred only once for a short pedod of time or occurs more than once and for longer periods of time: and, . _ , J. Whether the noise is produced by a reasonable commercial activity dudng normal business hours. 6060' VIOLATIONS; INFRACTION: Any person violating any of the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding one.. hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each additional violation within one year of committing the first offense. SECTION TWO Section 1985 in Division 1, Chapter 12 of the Ukiah City Code, Entitled "Park and Recreation Facilities" is hereby amended to read as follows. 1985' AMPLIFIERS: The Noise Ordinance of the City shall be effective in City parks and other City owned outdoor facilities unless a permit has been obtained or the park is being used by the City for a City sponsored event. The City Manager or the Director of Community Services shall have the authority to issue the permit described herein and to establish policies for City sponsored events. 'Any person failing to abide by the . conditions of such permit may have the permit summarily revoked by a police officer or other duly authorized City representative. ., SECTION THREE This Ordinance shall be.published as required by law in a newspaper of general circulation in the City of Ukiah. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption Introduced by title only on ,200_, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted 'on AYES: · NOES' ,200_ by the following roll call vote: ORDINANCE NO. . 2 ABSENT: ABSTAIN: , Mayor ATTEST: , City Clerk AGENDA SUMMARY ITEM NO. 8a DATE: February 2, 2005 REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENT TO THE AIRPORT COMMISSION At its December 15, 2004 meeting, the City Council had an opportunity to interview two applicants (Allan Hunter and Mrs. Steinmann) for appointment to the one vacancy on the Airport Commission. After a brief discussion, Council directed Staff to prepare a News Release extending the deadline for submittal of applications for this appointment and that the matter be considered by Council at its first meeting in February. As of the January 18, 2005 deadline, the following individuals submitted an application: Eric Crane Gregory Foss Allan Hunter Carl Steinmann In addition to extending the deadline for submittal of applications, the Council also directed Staff to forward these applications to the Airport Commission for review and possible comment. The Airport Commission will be meeting on February 1, 2005 and any comments by the Commission will be forwarded to the City Council at the February 2nd meeting. The responsibility for the first nomination at this time is Mayor Ashiku. Council also needs to adopt a Resolution making one appointment to the Airport Commission. RECOMMENDED ACTION: After discussion and consideration of the Airport Commission's recommendation, adopt a Resolution making one appointment to the Airport Commission to fill the term of office of a Ukiah resident expiring June 30, 2006. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide other direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Airport Commission Marie Ulvila, City Clerk Candace Horsley, City Manager 1. Resolution making appointment to the Airport Commission 2. Applications for appointment to the Airport Commission APPROVED:- ~' Candace Horsley, City'~anager ASR: Airport Commission Appointment February 2005 ATTACHMENT. RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CI'FY OF UKIAH MAKING APPOINTMENTS TO AIRPORT COMMISSION WHEREAS, on December 1, 2004, Mark Ashiku was sworn into the position of Mayor for the City of Ukiah and resigned his position with the Airport Commission, for a term which expires June 30, 2006; and WHEREAS, the vacancy on the Airport Commission was duly advertised until the close of applications on January 18, 2005, with submitted applications timely received and submitted to Council for consideration; and WHEREAS, the City Council interviewed two Airport Commission applicants on December 15, 2004; and NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nomination submitted per procedures outlined in Resolution No. 95-48, and does hereby appoint to fill the unexpired term of office as a resident within the City limits of Ukiah on the Airport Commission to a term expiring June 30, 2006. PASSED AND ADOPTED this vote: AYES: NOES: ABSTAIN: ABSENT: day of February, 2005, by the following roll call ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk Sent By: Crane of Ukiah; 707 462 3013; Jun-26-04 ~ ---~'-'~ - APPLICATION FOR APPOINTMENT 6:56PM; Page 1 __ AIRPORT COMMI,~SION / / I am applying for an appointment to the City of Uldah's Airport Commission DEC 16 2004 CITY OF UKIAH CITy CLERK'S DEPARTMENT 1. Name ~-~ ~ ~__.lz ,A~JE. Ill I I . II Il I I I1_1 I I .I _1 I~1- I Jl 2. Residence Address . 3. Business Address_ 7_.00 otz. P.., ..~_. ,.~q$ ~ Bus. Phone. ~/~Z - t~f/~-- 4. Employer ~_..~ 5. How long Imve you resided in ~Jk~? ~ i ye~J~; Mondocino Count~. 2. [ Cal~omia? ~.~ 6.__Please list C°mmu~ity groups or organ' .r4ations you are_._affiliated with. Indicate office held? _ ' ...... ._ ~. i ii. i i i i L Please answer the following questions on separate sheets of paper and attach. 7. Why are you app~ing to serve on the City'of Ukiah's Airport Commission? 8. What is your understanding of the purpose, role and responsibility of the Airport Commission? 9. How do you believeyour own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? 10. What do you believe is the single most important Airport related issue facing our community?, and 11. in your opinion, what type of Airport programs or Airport development should the City encourage? 12. tn your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14, Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Neon on Monday, June 28. 2004. Thank you forAeo~r Interest in serving the City of Uldah.. ..... City of Ukiah, 300 Seminary.Avenue, Uklah, CA'95482~ Phone: 463.6217 Fax: 463-6204 Forms: Airport Commission Application Revised: 5/20/04 · Sent By: Crane of Ukiah; 707 462 3013; Jun-26-04 6:57PM; Page 2/4 City of Ukiah 300 Seminary Ave, Ukiah, Ca 95482 Eric D. Crane 4 Banker Blvd. Ukiah, Ca 95482 1) Name- Eric Douglas Crane 2) Residence Address - 4 Banker Blvd. 3) Business Address-4 Banker Blvd 4) Employer- Crane of Ukiah 5) How long have you resided in: Ukiah- 21 Years Mendoeino County- 21 Years CaIifomia- 28 Years 6) Community groups or organizations: Boy Scouts of America, Order of the Arrow, North Coast Builders Exchange, Aircraft Owners and Pilots Association, Experimental Aircraft Association. 7) Why am I applying to serve on the Airport Commission? Because I believe it is the duty of a citizen to participate in governance. As a member of the Airport Commission I would hope to have the opportunity to lend my critical thinking ability to facilities upkeep, public relations, and other challenges the airport faces. 8) What is your understanding of the purpose, role and responsibility of the Airport Commission? Serve as an advisory body to the City Council on matters pertaining to the Airport. To review guiding documents such as the Airport Master Plan and the City's General Plan to see to it that the council has the tools at it's disposal to make informed decisions with regard to the great resource we have in the Airport. 9) How do you believe your own skills, experience, expertise, and perspectives will be beneficial to the work of the Airport commission? I have a background in construction and resources to draw on with regard to facilities use, planning, development and implementation. I have had a life long love for aviation that will provide me the drive to withstand the cumbersome bureaucratic and political process that is sure to follow. 10) What do you believe is the single most important Airport related issue facing our community? And Why? Comrp~ unity education and awareness. The Ukiah Airport is a jewel'in the rough. If you sit down and look through a FAA facilities directory at airports in this part of the world you will find that a runway of this size and so rich in safety features is quite rare. This Airport saves lives - CDF, CalStar, Ameriffight, in addition to being a wonderful port in a storm. I don't believe the general public is aware of ~nt By: CPane of Uk'iah; 707 462 3013; Jun-26-04 6:57PM; Page 3/4 11) In airport that. People also don't seem to know of the benefit to business (and our tax base) the airport provides our community. Also it is my belief that the Airport could be leveraged to help in getting kids excited about science, math, engineering, history, and countless trades skills. For decades businesses in the Uldah area have benefited from having access to this facility. Preserving that resource is .of great importance to our community. Were we to lose the airport there are many business that would leave the county. This is why I want to be involved- I hope to do my part to preserve and improve this great resource of our community. your opinion, what type of airport programs or Airport development should the encourage? With regard to programs: As mentioned before I believe we should be looking at school programs. Another idea that occurs to me is to bring youth organizations into the airport for tours and service projects. Additionally, we should be encouraging pilot training at the airport in the form of sponsoring seminars that qualify for the FAA Wings program. This would be a way to help provide additional training to local pilots and foster the sense of community at the airport. As far as development is concerned, I would need to be brought up to speed but here are some thoughts: Hangers have been in short supply for many years. This seems odd, as additional development ofhauger space would provide additional revenue for much needed improvements around the airport. The terminal building seems like a worthwhile goal, especially if a restaurant were to be included - many pilots are willing to land at an airport, and buy fuel, if there' is a good restaurant. Also a park at the airport would be a welcome addition to the facility. Often on weekdays I will find a line of cars looking out over the flight line with people in them having lunch; there for the unscheduled and flee air show put on daily. 12) In your opinion, what Airport programming or Airport development should the city discourage? I can think of no specific program or development types that I have any great concem over. It is however my view that any great idea can be implemented in such a way that it has a negative net result. In short, it should be the roll of governance to find solutions that are equitable to all concerned; not to judge an idea or concept undesirable until I hear the specifics of the plan. Just because I didn't think up the way to enable an idea does not mean someone else might have a solid solution. 13) What kind ofideal community do you envision for Ukiah? I tend to think of the ideal as being a world in which people are allowed to pursue their dreams and ambitions in peace; one where governance gets out of the way of itself~nd everyone else, whore government does less and lets people do more; a place where part of enjoying our freedoms would be to not infringe on our neighbors rights to exercise their freedoms as well; a place where people who served in government did so out of a sense of duty and for the greater good rather Sent By: Crane o¢ Ukiah; 707 462 3013; Jun-26-04 6:58PM; Page 4/4 then as a platform to foist their vision of the world on their community in thc name of the greater good. 14) Do you have any known projects or conflict of interest related to this commission? No, DATE: CITY OF UKIAH APPLICATION FOR..APPOINTMENT AIRPORT COMMISSION I am applying for an appointment to the City of Ukiah's AIrport Commission 1. Name. ~-E4'~/~y' , '~/c:~.,.4 5 2. Residence Address~J ~' ~. 5 ~'J,/[~/~ ~' 7~. (~j~.x'. Res. Phone ~/~."~-~ ~/~ · 3. Business Address ~~ J~~ ~-.,,.~, .[~ Bus. Phone ~ 4. Employer ~_~/.)J~JTY' ~F /]~'-J~~ob title ~1[~. ~ Employed since ~ 5. How long.have you residod in Ukiah? l/~ +'yearn; Mendocino Count~. /&'*' Califomia?.~."~ 6. Please list community groups or organizations you are affiliated with. Indicate office' held? .. Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of 'Ukiah's Airport Commission? 8. What is your understanding of the purpose, role and responsibility of the Airport 'Commission? 9. How do you believe your own 'skills, experience, expertise and perspectives will be' benefiCial to the .work of the Airport Commission? 10. What do you believe is the single most important Airport related issue facing our community?, and 11. In your opinion, what type of Airport programs or Airport development Should the City encourage? 12. in your opinion, what type of Airport programming or Airport development should the City discourage? · 13. What kind of ideal community do You envision for Ukiah? 14. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to'the Citv Clerk bv Noon on 'r.,=,~,,, . 2004. Thank you,for your i~e~t in serving the' City of-0klah, .' .. ~ .... ..~ January 18~ Si. gnature:~ "~~. Date/ / ~ City .of Ukm. h, 3_00..Se.minarY Avenue, Ukiah, CA.95482-5400 Phone: 463;.6217 · Fax: 463-6204 Emad: maneu~citvofukiah.com . Forms: Airport Commission Application Revised: 12/16/04 (nuLL) [Data Count = 252213 January 18, 2005 Gregory Foss, Applicant City of Ukiah Airport Commission Questionnaire Attachment Why are you applying to serve on the City of Ukiah's Airport Commission? I have, for many years, had a fascination with private pilot aviation. I have flown in C- 150, 172, 182 & 185's; into and out of large airports, S.D. & Sacto, and smaller airports, Ukiah, Little River, Willits, Boonville, Healdsberg, Sonoma, Lakeport, Eureka, Quincy, Hayward, Livermore, Chico, Santa Monica, Truckee. What is your understanding of the purpose, role and responsibility of the Airport Commission? Assist the City Council with advice on Airport related issues. How do you believe your skills,, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? My 16+ years on the executive management team of the County give me a unique perspective on local government financing and community development issues. That, and my limited history/experience with flying have provided me with general knowledge that would help towards advising the Council. What do you believe is the single most important Airport related issue facing our community? And Why? Air Traffic Safety. Because without adequate control of local airspace/traffic it exponentially increases oppommity for loss of life and property damage. In your opinion, what type of Airport programs or Airport development should the City encourage? Long term strategic planning for adequate, safe air traffic growth. Grant writing to fund improvements of the Airport. In your opinion, what type of Airport programming or Airport development should the City discourage? Development that would create excessive air or noise pollution. What kind of ideal community do you envision for Ukiah? Equal access. Do you have any known projects or conflict of interest related to this Commission? No. :;'-:~ - ~"'~ PLICATION FOR APPOINTMENT HVi,~N ~0 KIlO DAT~: .-~-~'. ~-_.~._z~=~___ I am applying for an appointment to the City of Ukiah's Airport Commission 1. Name 2. Residence Address~"'~ ~l..~'~'~'~,.~( ~ 3. Business Address 4. Employer ~ E,.r~, ~ ~ 5. How long have you resided in Ukiah?,_~'~. 6. Job title Res. Phone Bus. Phone Employed since years; Mendocino County?_~¢o California?~ Please list community groups or organizations you are affiliated with. Indicate office held? Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Airport Commission? 8. What is your understanding of the purpose, role and responsibility of the Airport Commission? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? 10. What do you believe is the single most important Airport related issue facing our community? and why? 11. In your opinion, what type of Airport programs or Airport development should the City encourage? 12. In your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14; Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on Monday, June 28, 2004. Thank you for your interest in serving the City of Ukiah. - Signature Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Airport Commission Application Revised: 5/20/04 Phone: 463-6217 Fax' 463-6204 6-15-04 Z ~ in_tcre~ .~..d _th..~ lim~ to sc.rye, the_ co_.'mm, u..mty, 8. To assist the Council in the operation of the facilities Prior aircraft exi~enc~s: Airport worker and student pilot in high school ~ ~c.C. in hc!i~cr operations. Construction & equipment maintenance Grand Jury (two terms 94-96) 10. To keep the facilities an Enterprise Funded operation. 11. To keep the operation, with aircraft associated types ofbusiness. 12. Development that is not suited for general airport uses. 13. "A good place to live". 14. None CITY OF UKIAH APPLICATION FOR APPOINTMENT AIRPORT COMMISSION DATE: I am applying for an appointment to the City of Ukiah's Airport Commission 1. Name 2. Residence Address 3. Business Address 4. Employer 5. How long have you resided in Ukiah? s% Res. Phone ~1 &, ~ 1~4 H I ~e_~.,,~Bus. Phone /-I G, &- ~ c, c,.i Job title, i~,~,. ! ~ ~.__,,~ Employed since ~.l~,.t years; Mendocino County? 30% California? 6. Please list community groups or organizations you are affiliated with. Indicate office held? Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Airport Commission? What is your understanding of the purpose, role and responsibility of the Airport Commission? How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? o 10. What do you believe is the single most important Airport related issue facing our community? and why? 11. In your opinion, what type of Airport programs or Airport development should the City encourage? 12. In your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on Monday, December 6, 2004. Thank you for your interest in serving the City of Ukiah. Signature ('~-- ~)J ~,'[ ~-_-. Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Phone: 463-6217 Email' marieu~cityofukiah.com Fax: 463-6204 Forms: Airport Commission Application Revised: 11/15/04 Cad H Steinmann 885 North Bush Street Ukiah, CA 95482 (707) 4432-144! 7. I am applying for the posiUon on the City of Ukiah's Airport Commission to learn about the operation of the airport, the Commission's role in the future of the airport, how the City and local pilots work together, and to provide a service to the community. 8. My understanding of the Airport Commission's role is to work with the City, Businesses, and the Community for use and future planning of the airport. 9. The experiences ! have are at other locations such as: Pierce Field in Lowerlake and Lampson Field in Lakeport. ! have also worked with pilots, mostly from the Ukiah area and ! am starting a helicopter business in the Ukiah area. ! feel that ! would bring a positive attitude to the Airport Commission. 10. ! feel that the most important issue for our community related to the airport is safety. Because of the rural are that we live in we must be able to use our airport to provide a variety of emergency services. ! also feel it is important to have a good relationship with local pilots and the community. 11. ! believe that the City should develop positive growth, expand to the needs of the community, and look forward to production and more development. 12. ! would discourage any programs that would hurt or discourage local pilots' use of the airport and its services. 13.An ideal community is one that can work together and provide growth without negative behaviors or actions. 14. ! do not believe that ! am involved in any projects or activities that would conflict with the interest of this Commission nor do ! plan any involvement with such. City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Airport Commission Carl H. Steinmann II 885 North Bush Street Ukiah, CA 95482 (707) 462-1441 (707) 466-8055 pager To Whom It May Concern: I am applying for the available position that is open on the Airport Commission. I have lived in Ukiah for 33 years. I am interested in the future of the Airport and would like to serve on the Commission. I have a private pilot's license and am continuing hours for my commercial license. I have a Helicopter and hope to bring it to Ukiah and go into private business by this summer. I do have some background in aviation, and feel that that will help me serve on this commission. I hope that you will consider me for this two-year position. I have many local references that I can provide you, upon request. Please feel free to contact me if you have any questions. Thank you for your consideration. Sincerely; Carl H Steinmann II ITEM NO. 8b DATE: February 2, 2005 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF POLICIES FOR AMPLIFIED SOUND IN CITY PARKS, STREETS, AND OUTDOOR CITY OWNED FACILITIES At the request of Councilmember Baldwin, Council has discussed a proposed resolution to establish policies for amplified sound in city parks and outdoor facilities. During its discussion, Council requested revisions to ensure flexibility in staff discretion and provide a venue for community events without creating a nuisance to surrounding neighborhoods. Pursuant to Council's direction staff has revised two sample resolutions for discussion. Also attached are recommendations submitted by Councilmember Baldwin, which were also provided to Council at the January 19 meeting. Currently, amplified music (other than City sponsored events)is prohibited in Todd Grove, Vinewood, and Oak Manor Park. Staff also applies informal policies through the park reservation system, which provide time limits for events and private parties when a permit is approved. These policies have developed over time and, as a result, complaints have been minimal. (Continued on Page 2) RECOMMENDED ACTION: Discuss policies regulating amplified sound in city parks, streets, and outdoor areas and provide direction to staff to return with resolution for adoption. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine policies require further consideration and remand to staff with direction. 2. Determine adoption of a Resolution establishing amplified sound policies is inappropriate at this time and do not move to adopt. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 3. 4. 5. N/A N/A Larry W. DeKnoblough, Community Services Director and Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and David Rapport, City Attorney Original staff report and Resolution Sample Resolution #1 Sample Resolution #2 Councilmember Baldwin's Submittal /Candace Horsl~-'~, City~'r~ger LD/C AmplifledSoundParks2.2.05.Asr In response to the Council's discussion at the last meeting, staff has prepared two resolutions. Attachment #2 reflects the resolution presented to the council at the last meeting with one revision. That revision includes a ban specifically on live music and music from disc jockeys in any park adjacent to or within a residential neighborhood, with the exclusion of City sponsored events. It does not preclude the use of a public address (PA) system or portable stereo during permitted events. This revision is intended to address Councilmember Baldwin's concern that unlimited musical events could occur in residential areas. The sample resolution reflected in Attachment #3 is a less prohibitive alternative and includes language more reliant on staff issued permits, which is consistent with current practice. The policies state that the use of amplification equipment requires a permit issued by the Community Services Director and establishes criteria to be considered in issuing that permit. This language is intended to ensure fairness in the consideration of permit requests. Language is also included which allows conditions to be imposed on the permit based upon the activity and specifics of the location. The City Attorney will be discussing any First Amendment issues related to these types of permits. Staff is presenting the proposed resolutions to Council for consideration and discussion. Upon Council determination and direction to staff, a draft resolution will be returned to Council for adoption. ITEM NO... 8b DATE: January 5, 2005 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF POLICY RESOLUTION FOR AMPLIFIED SOUND IN PARKS AND OUTDOOR CITY OWNED FACILITIES At the last meeting, Council discussed several issues related to noise control within the City including a revised ordinance and a policy resolution for amplified sound in the City's parks and other outdoor City-owned facilities. At that time Councilmember Baldwin expressed concern that consideration of the proposed resolution would require more extensive discussion and requested the item be continued. The Council voted to introduce the ordinance which is on this agenda for adoption. Current.city policy only requires a permit to be issued by the Community Services Director when amplified music is played by a group which has. reserved a park site. This requirement does not apply if a park site is not reserved. These policies also provide time limits as to when and how long the music can be played. Other than these limitations, the citywide noise ordinance is the only other restriction on amplified sound in the parks. (Continued on Paqe 2) RECOMMENDED ACTION: Adopt Resolution establishing policies for amplified sound in the parks and outdoor city owned facilities. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine resolution 'requires further consideration and remand to staff with direction. 2. Determine adoption of resolution is inappropriate and do not move to approve. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: . Councilmember Baldwin Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager, David Rapport, City Attorney, and Sage Sangiacomo, Community Services Supervisor Proposed Resolution Councilmember Recommendations' APPROVED: '"~ LD/C Candace Horsley, City Manger AmplifiedSound Park'05.Asr The proposed resolution requires a permit for all amplified sound in the parks and other city- owned outdoor facilities, limits the number of permits which can be issued for events that continue past 8:00 P.m., and provides that such events cannot last longer than four hours. The resolution also declares that violation of the resolution or the terms of a permit issued under the resolution constitute violations of the City noise ordinance and are subject to the penalties for violating the ordinance. "- Councilmember Baldwin has submitted a list of recommendations, identifying a specific number of allowable events for Todd Grove Park and Alex R. Thomas Plaza. He also recommends prohibiting all amplified sound at Vinewood, Orchard, Observatory, McGarvey, River Park, or at any other City owned open space or property. Council should note that Observatory and Orchard are not officially parks and River Park is only partially developed and not generally open to the public. Councilmember Baldwin's recommendations are provided as Attachment While the use of City parks in the peak summer season is extensive and many private and community events occur.each weekend, staff has received less than 5 complaints over the last three to four years regarding the use of amplified sound at these events and only two of these were based on volume or frequency. Staff is returning this item to Council for further discussion and possible adoption of the proposed resolution. Attachment RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING POLICIES REGULATING AMPLIFIED SOUND IN PARKS, STREETS, AND OTHER CITY OWNED OUTDOOR AREAS WHEREAS, on the City Council adopted Ordinance No. amending Ukiah City Code ("UCC") Sections 6058 and 6060 entitled "Noise Regulation" and Section 1985, entitled "Parks and Recreation Facilities", for the purpose of better regulating noise throughout the City; and WHEREAS, the City Council wishes to preserve a reasonable balance between the need to protect the quiet enjoyment of residential neighborhoods and the use of City parks, streets (when used pursuant to a City issued encroachment permit) and other City-owned outdoor facilities for community events; and WHEREAS, to achieve this objective the City Council of the City of Ukiah wishes to establish specific policies for the regulation of amplified sound in parks, streets, and other City owned outdoor facilities. "Amplified sound" is defined as any sound that is broadcast through electronically amplified equipment or sound that is electronically enhanced. NOW, THEREFORE, BE IT RESOLVED that to provide guidance in the implementation of the City's Noise Ordinance (UCC Sections 6045-6062), City Council of the City of Ukiah does hereby adopt the following policies and regulations for the use of City parks, streets, and City owned outdoor areas. The regulations numbered 1-7, below, will apply to the use of City parks pursuant to a permit issued in accordance with UCC Section 1922 as well as all other users of City parks, streets, (when used pursuant to a City issued encroachment permit) and City-owned outdoor facilities. They do not apply to City sponsored events: o There shall be no amplified sound in any park, street (when used pursuant to a City issued encroachment permit), or City owned outdoor facility without a prior approved permit from the Director of Community Services. The Director of Community Services, when considering a permit application, shall assess and evaluate the potential disturbances to other park/recreation facility users or the residents in the surrounding neighborhoods. In doing so, the Administrator shall consider, the time frame of the activity, the type of activity proposed, the adjacent activities within the park/recreation facility, the proximity of the activity to residential neighborhoods and businesses, and other similar and pertinent factors. . Within any park/recreation facility no amplified outdoor sound will be permitted prior to 10:00am or later than 7:00p.m., Sunday through Thursday and 8:00p.m. on Friday and Saturday unless authorized by an approved permit. 3. Any use of amplified sound, including at permitted events, shall be maintained at a level that does not unreasonably interfere with the overall enjoyment of a park or public area by others. 4. Upon assessing and evaluating the activity, the Director of Community Services may impose conditions on the activity or may deny a permit. o The Director of Community Services' decision shall be based upon the exercise of his/her discretion and in light of the above factors and shall be rendered to promote and protect the health, safety and welfare of the participants in the activity and the spectators who may be drawn thereto, and including the property involved, and the community at large. o In issuing a permit pursuant to this resolution, the Director of Community Services shall not consider the content of the sound being amplified or the identity of the individual or group submitting the application, the sole concern of this resolution being the time, place and manner in which amplified sound is used on City-owned outdoor property. Any applicant who believes a permit has been denied based on the content of the sound it seeks to produce or the identity of the applicant shall have a fight to an immediate appeal of that decision to the City Manager who must decide the appeal within twenty-four hours after it is filed. The appeal may be made by filing a written request for an appeal with the City Clerk. The City Manager's decision shall be final for the City and shall be subject to immediate judicial review. o Failure to comply with these regulations shall be deemed a violation of the Noise Ordinance and UCC Section 1985 and may result in either summary revocation of the subject party's permit or a fine pursuant to UCC Section 6060 or both. BE IT FURTHER RESOLVED that City sponsored events shall be conducted so as to not unreasonably interfere with the quiet of ~esidential neighborhoods, while, at the same time, making City parks, streets (when used pursuant to a City issued encroachment permit) and City-owned outdoor facilities reasonably available and useful for community events, such as, but not limited to, the summer Concerts in the Park. PASSED AND ADOPTED this AYES: NOES: ABSENT: day of ,2005 ATTEST: Mark Ashiku, Mayor Made Ulvila, City Clerk Aftachment # RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING POLICIES REGULATING AMPLIFIED SOUND IN PARKS, STREETS, AND OTHER CITY OWNED OUTDOOR AREAS WHEREAS, on the City Council adopted Ordinance No. amending Ukiah City Code ("UCC") Sections 6058 and 6060 entitled "Noise Regulation" and Section 1985, entitled "Parks and Recreation Facilities, for the purpose of better regulating noise throughout the City; and WHEREAS, the City Council wishes to preserve a reasonable balance between the need to protect the quiet enjoyment of residential neighborhoods and the use of City parks, streets (when used pursuant to a City issued encroachment permit) and other City-owned outdoor facilities for community events; and WHEREAS, to achieve this objective the City Council of the City of Ukiah wishes to establish specific policies for the regulation of amplified sound in parks, streets, and other City owned outdoor facilities. "Amplified Sound" is defined as any sound that is broadcast through electronically amplified equipment or sound that is electronically enhanced. NOW, THEREFORE, BE IT RESOLVED that to provide guidance in the implementation of the City's Noise Ordinance (UCC Sections 6045-6062), which under the amended version of UCC Section 1985, applies to City parks, except when the Parks are used pursuant to a permit issued under Section 1922 or for a City sponsored event, the City Council of the City of Ukiah does hereby adopt the following policies and regulations for the use of City parks, streets, and City owned outdoor areas. The regulations numbered 1-8 below, will apply to the use of City parks pursuant to a permit issued in accordance with UCC Section 1922 as well as all other users of City parks, streets (when used pursuant to a City issued encroachment permit) and City-owned outdoor facilities. They do not apply to City sponsored events: . Except for City sponsored or community events there shall be no amplified sound from live music or disc jockeys in any park adjacent to or within a residential neighborhood. For purposes of this resolution, "community event" means [add a definition] . There shall be no amplified sound in any park, street (when used pursuant to a City issued encroachment permit), or City owned outdoor facility without a prior approved permit from the Director of Community Services. Nothwithstanding UCC Section 1985, permitted events are not exempt from UCC Section 6058 of the City's Noise Ordinance. . There shall be no amplified sound allowed prior to 10:00 a.m. or later than 7:00 p.m., Sunday through Thursday and 8:00 p.m. on Friday and Saturday, unless authorized by an approved permit. , There shall be no more than three (3) permits issued for any single location in any single year for amplified sound between 8p.m. and 10 p.m. Se With the exception of City sponsored and community events, no event, group, or individual shall be permitted to produce amplified music as described above for a period greater than four (4) hours. o In issuing a permit pursuant to this resolution, the Director of Community Services shall not consider the content of the sound being amplified or the identity of the individual or group submitting the application, the sole concern of this resolution being the time, place and manner in which amplified sound is used on City-owned outdoor property. Any applicant who believes a permit has been denied based on the content of the sound it seeks to produce or the identity of the applicant shall have a right to an immediate appeal of that decision to the City Manager who must decide the appeal within twenty-four hours after it is filed. The appeal may be made by filing a written request for an appeal with the City Clerk. The City Manager's decision shall be final for the City and shall be subject to immediate judicial review. o Failure to comply with these regulations shall be deemed a violation of the Noise Ordinance and UCC Section 1985 and may result in either summary revocation of the subject party's permit or a fine pursuant to UCC Section 6060 or both. ° Any use of amplified sound, including at a permitted event, shall be maintained at a level that does not unreasonably interfere with the overall enjoyment of a park or public area by others. BE IT FURTHER RESOLVED that City sponsored events shall be conducted so as not to unreasonably interfere with the quiet of residential neighborhoods, while, at the same time, making City parks, streets (when used pursuant to a City issued encroachment permit) and City-owned outdoor facilities reasonably available and useful for community events, such as, but not limited to, the summer Concerts in the Park. PASSED AND ADOPTED this ~ day of ,2005 AYES: NOES: ABSENT: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk To: Ukiah City Council From: Phil Baldwin Date: December 18,2004 Attachment A Suggested City Policy on Amplified Music Allowable ~Outdoor Amplified Sound Events in City Limits of Ukiah. Todd Grove Park (15 days) 1. Six City Sponsored Concerts 2. July 4th 'Celebration by permit application 3. Memorial Day Celebration by permit application 4. Veterans Day Celebration by permit application. 5. Mothers Day Celebration by permit application. 6. Two Theatrical Performance in the Park by permit application. 7. One City Sponsored Ukiah Symphony Orchestra Concert in the Park- 8. Two day Traditional Ukiah Swim Meet by permit application There should be NO amplified sound (which can be heard from · 100 feet)from any source for private parties and picnics allowed in Todd Grove Park. No permits should be issued for amplification beyond the fifteen noted above. Four tasteful signs in English and Spanish :,should be placed at the Park perimeter to this effect. Downtown Plaza & School Street (38 days) 1. Cinco de Mayo Celebration 2. Taste of Downtown 3. Pumpkin Festival 4. Five Summer City SponsOred Movie or Concert Nights 5. 30 additional days by permit application. Fair Gronnds: A problem but controlled by State appointed Fair Board There should be NO amplified sound at the following Parks:' Vinewood, Orchard, Observatory, McG~ey, River or any City owned open space or property. (Conceivably there might be exception at River Park but ~ for BMX and baseball events.) AGENDA ITEM NO: 8c MEETING DATE: February 2, 2005 SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO APPROVE BARTLE WELLS ASSOCIATES, CONTRACT LINE ITEMS 13, 14 & 15 FOR CONSULTING SERVICES RELATED TO FINANCING THE UPGRADE AND EXPANSION OF WATER AND WASTEWATER SYSTEMS. The Water Treatment and Wastewater plant improvements are major capital projects requiring substantial debt financing. Bartle Wells Associates ("BWA") was selected by Public Utility and Finance staff from three bidders (Agenda item 8d, July 7, 2004) and a contract was signed on September 21, 2004. The contract is supported by purchase order 035789 encumbering account 840.3850.250.000: Water Capital Improvement- Contractual Services-Plant Expansion, and requires no General Fund expenditures. As a result of the preliminary work the project has grown in scope and complexity. In order to fund this expanded work load, BWA has asked for additional "Phase One" funding in the amount of $44,000. On January 19, 2005 the Council approved proposed line item increases totaling $26,645 for all lines of Phase One except 13, 14 and 15. More information was requested on these line items. All three items deal with public communication regarding the upcoming rate structure changes. Staff has asked BWA to focus on extensive pro-active communication and outreach concerning the necessity, process and equity of the proposed increases. (continued on page 2) RECOMMENDED ACTION: Authorize City Manager to sign contract amendment to increase Phase One total to $74,000 plus reimbursable expenses as outlined in this report and increase funds budgeted for the project ALTERNATIVE COUNCIL POLICY OPTIONS: Provide Alternative direction to staff Citizens Advised: Prepared by: Coordinated with: Attachments: Mike McCann, Finance Director Candace Horsley, City Manager None Approved: Candace Horsley, Cit~anager BWA has supplied additional information on each of the three line items, totaling $17,355 in increased funding planned to support an expanded communications program. They also explained that these costs encompass both the water rate public outreach and the waste water public presentation which also a part of the contract. Item 13 -Increase of $5,060 requested for expanded outreach out to customers, particularly those with connections 1" or larger who may be especially impacted by the rate proposals: Identify customers with connections 1" or larger who will be affected by American Water Works Association/California Public Utilities Commission demand capacity adjustments, we estimate this will require 20% or $1012 of the total $5,060. Develop Public Workshops presentation and public education materials to explain to customers how and why their rate is changing/increasing; 50% or $2,530. · Coordinate Public Workshops to explain how and why rates are changing or increasing; 30% or $1518. Item 14 -Increase of $7,060 requested to develop and implement communication (media) strategy: Develop strategy to reach affected customers: Identify and establish contact with appropriate communication outlets (newspaper, radio, community organizations) to carry message to customers (this will include Spanish media outlets); 35% or $2,471. Develop press releases, and other appropriate communication materials (web site/newsletter announcements) (this will also include materials in Spanish as needed); 40% or $1,765. Coordinate staff approval and printing of press releases, and other appropriate communication materials (web site/newsletter announcements) (this will also include materials in Spanish as needed); 25% or $1,059 Item 15 -Increase of $4,605 requested for public presentations to Council & citizens Attendance at public workshops and presentations for items 14 and 15; Principal Consultant and Financial Analyst; we estimate each workshop/presentation will require 50% or $2,303. It is staff's recommendation that Council authorize the City Manager to sign the contract amendment to increase Phase One total of the Bartle Wells contract to $74,000 as described in this report. AGENDA ITEM NO: 8d MEETING DATE: February 2, 2005 SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER DIRECT CONSULTANTS TO MAIL PROPOSITION 218 NOTICES AND SCHEDULE PUBLIC HEARING ON PROPOSED WATER UTILITY RATE CHANGES. Bartle Wells Associates ("BWA") presented a workshop on January 19, 2005 with the City Council to present their work on the City's water utility rate structure overhaul needed to support bond financing for the water treatment plant upgrades required by the California Department of Health Services as a condition of renewing the water utility's operating permit. BWA proposed a restructuring and simplification of the existing rate structure with equitable pricing based on connection size and actual water usage. BWA then presented the rate increases that would be necessary to pay for the construction bonds. The proposed rate structure was presented in a series of slides in their presentation. Slides 24 and 26 are attached herein for reference. The next step in this process is to mail notices to affected parties for a public hearing on these proposed rate changes, in accordance with Proposition 218. This agenda item seeks the approval of Council for this mailing to be completed by February 16, 2005 and the scheduling of a public hearing 45 days later, on April 6, 2005. RECOMMENDED ACTION: Authorize City Manager to arrange for mailing of notices and schedule public hearing on the proposed rate changes. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide Alternative direction to staff Citizens Advised: Prepared by: Coordinated with: Attachments: Mike McCann, Finance Director Candace Horsley, City Manager 1) Bartle Wells Assoc. Slides 24 2) and slide 26 "Rate Structure Update" Approved: Candace Ho~sley, ager A~tachrnent · ~ , ! Attachment AGENDA SUMMARY ITEM NO: 8e DATE: February 2, 2005 REPORT SUBJECT: CONTINUE ITEM "APPROVAL OF RESOLUTION ESTABLISHING AN ON-SITE TRAFFIC SIGNAL MITIGATION FEE FOR THE AIRPORT INDUSTRIAL PARK" TO COUNCIL MEETING OF APRIL 6, 2005. At their regular meeting on December 15, 2004, the above mentioned item was brought forth. At that meeting Council chose to continue this item to tonight's meeting. Staff requests that this item be further continued to April 6, 2005, to allow for ongoing negotiations with developers in the Airport Industrial Park. By continuing this item to a date certain avoids the expense of renoticing the public hearing. RECOMMENDED ACTION: Continue the item "Approval of Resolution Establishing an On-Site Traffic Signal Mitigation Fee for the Airport Industrial Park" to Council Meeting of April 6, 2005. ALTERNATIVE ACTION: Choose not to continue this item and provide direction to Staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works/City Engineer Diana Steele, Director of Public Works/City Engineer Candace Horsley, City Manager None Approved: ~y,~Manager ~ElVl NO: 9a DATE: February 2, 2005 AGENDA SUMMARY REPORT SUB.1ECT: DZSCUSSI'ON OF LE'R'ER SUBM]:TTED BY VI'CE-MAYOR BALDWI'N CONCERNZNG THE DEVELOPMENT AT 100 WEST STANDLEY STREET SUMMARY: Vice-Mayor Baldwin has submitted a letter to the City Council seeking a discussion of the construction project at 100 West Standley Street. Mr. Baldwin is asking the Council to determine if the new building is consistent with the project conditionally approved by the Planning Commission. Mr. Baldwin has expressed concern that the metal siding on the mechanical penthouse that rests on top of the structure was not approved and that the exterior material should be stucco. When this matter was brought to the attention of Staff, we asked the Planning Commissioners if the mechanical penthouse was constructed as they had envisioned it. Four of the Commissioners indicated that it was constructed as they expected. The fifth Commissioner did not respond. The letter is attached for the Council's review. RECOMMENDED Ac'r~ON: Review and discuss the letter submitted by Vice-Mayor Baldwin, and provide direction to Staff. ALTERNATZVE COUNCZL POLZCY OPTZON: N/A Citizens Advised: Property owner Richard Ruff Requested by: Vice-Mayor Baldwin Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Letter from Vice-Mayor Baldwin, dated January 24, 2005 APPROVED: Candace Horsley, City Ma'~er Attachment # _,, January 24, 2005 Fellow Councilmembers, In our effort to prevent or hold at bay license and anarchy, it is critical for Ukiah City Council to champion respect for law. We must work to assure effective enforcement of legal zoning and land use decisions made by this Council and our Planning Commission. So I ask that we determine if the construction at 100 West Standley Street conforms to Major Site Development Permit 03-27, approved by the Ukiah Planning Commission on July 9, 2003. The Permit approval letter from the City of Ukiah states '°The Applicant understands that all conditions of approval must be implemented in order to comply with the terms of the Planning Commission's approval and that failure to satisfy such terms constitutes justification for the City withholding the final Building Permit and/or initiating revocation of the Use Permit." The application packet provided to the legal decision making body, the Ukiah Planning Commission, for its July 9, 2003 meeting, included floor plan drawings and a detailed staff report. This report included the following wording adopted by the Planning Commission at this meeting: "CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Major Site Development Permit No. 03-27, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: 1. All use, construction, or occupancy shall conform to the application approved by the Planning Commission, and to any supporting documents submitted therewith, including maps, sketches, rendering, building elevations, landscape plans, and alike." The record (July 9, 2003, agenda packet, meeting minutes, and audio tape) shows that the Planning Commission's project approval was based on drawings (floor plan) and rendering submitted to the Commission as well as the "Project Description" and "Staff Analysis" presented orally and in writing by City staff at that meeting. The PROJECT DESCRIPTION states: 'q'he project consists of a Major Site Development Permit to allow the construction of a four-story office building .... The proposed building would fill the entire 715 square foot lot, with the walls on the north, east, and west side constructed adjacent to the one-story and two-story walls on commercial buildings that abut the lot. These stucco- covered walls would extend straight up to a maximum height of 39 feet .... The fourth floor would consist of a 14-foot long mechanical equipment penthouse set back approximately 28 feet from the the fight-of-way and staff does not anticipate that it will be highly visible from the street. This entire elevation would be stucco-covered ..." The meeting minutes and audio tape show that I10 person present at the meeting - no applicant, no staff, no commissioner, no member of the public - challenged or contradicted this description of the project. The STAFF ANALYSIS states that the project is consistent with the Downtown Commercial Design Guidelines because "the proposed building design, as shown on the next page, would be consistent with these guidelines, and in general be very compatible with surrounding structures. This opinion is based on the following factors: Site Planning: ... staff notes that the development of this commercial building with stucco- covered walls would be highly compatible to the land uses and aesthetic qualities found in nearby, including the three abutting commercial properties. Building Materials: The use of stucco surfacing on the walls and cornices is highly consistent with the stucco buildings that prevail throughout the downtown core." The only reason the project could be found "highly compatible" with a commercial block formally enjoying historical design integrity and with the Downtown Commercial Design Guidelines is because the application heard by the Ukiah Planning Commission on July 9, 2003, was for a project whose "entire elevation would be stucco-covered." That blue prints are now in the possession of City staff with a notation of metal siding for the fourth floor penthouse is not relevant because these were not submitted on the record to be considered by the Planning Commission. Again, the Commission's printed packet, minutes and audio tape show not one reference to metal siding, but at least five references to stucco coveting of all walls. The statements in the report to the Planning Commission that staff "does not anticipate that it (the fourth floor) will be highly visible from the the street" and that the "only portion of the building that will be highly visible is the southern facade" can now be seen as grossly mistaken assumptions. Please see enclosed photographs.* The issue I ask this Council to address is not whether corrugated tin and cinder block are seen by some as trendy, campy, or futuristic design elements; the issue is not whether we see the project as attractive or tawdry. The issue is that the Planning Commission's findings and permit approval were based on written and oral testimony that all exterior walls of the entire elevation would be stucco, thereby making this four story project conceivably compatible with its one story neighbors. For the City of Ukiah to be consistent, to inspire citizen trust in the zoning process, to abide by the law, to avoid favoritism and setting a negligent precedent, we need to expeditiously enforce the conditions of Permit No. 03-27. Thank you for your attention to this matter. Phil Baldwin * That an appointed Planning Commission has legal authority to approve projects so conspicuous as this highlights the need for community and Council vigilance; it also underscores the valid Constitutional right of individual Councilmembers to appeal such decisions in a timely manner and to vote on that appeal. In the case at hand, however, concerned members of the community and the Council, assuming, as did the Planning Commission, that stuccoing of all walls could ameliorate a three story contrast, saw no need for appeal.