HomeMy WebLinkAbout2006-12-06 Packet CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
December 6, 2006
6:00 p.m.
5:15 p.m. Reception for New Council/Outgoing Mayor
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Commendation to Mark LaRose, President and CEO of Ukiah Valley Medical Center.
b. Adoption of Resolution Declaring Results of Municipal Election of November 7, 2006 and
Swearing in Ceremony for Councilmembers Baldwin, McCowen and Thomas, and Measure
X.
c. Introduction of New Employee, Patrick Bryant, Animal Control/Safety Compliance Officer
d. Introduction of Fire Chief Tony Clarabut
e. Review of Activities and Actions Taken by the City to Enhance the City's Major
Emergency/Disaster Preparedness
PETITIONS AND COMMUNICATIONS
None
APPROVAL OF MINUTES
a. Regular Meeting Minutes of November 1, 2006
6. 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.
7. CONSENTCALENDAR
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. Award of Bid to Clark Pest Control Services for Pest Control Services at Various City
Facilities
b. Report to the City Council Regarding Acquisition of Services from Spencer Brewer for the
Management/Production of the 2007 Sundays in the Park Concert Series in the Amount of
$8,000
c. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
d. Adoption of Resolution Authorizing the County of Mendocino to Provide Microenterprise
Business Services Under the Community Development Block Grant Program to Targeted
Income Individuals Residing Within the City of Ukiah
10,
11.
12.
13.
f.
g.
h.
i.
j.
k.
Award of Bid for the Purchase of 9,000 Ft. of #2 AWG, 15 KV, EPR Insulated, Single
Conductor, and Jacketed Concentric Neutral Cable to Prysmian Cables and Systems in the
Amount of $15,816.62
Authorization of Sole Source Purchase of Water Valve Data Acquisition System from Pacific
Tek in the Amount of $9,965 plus Sales Tax
Award of Bid to Delta Truck Center for the Purchase of a New 2008 Six-Yard Dump Truck
in the Amount of $79,740.38 and Approval of a Budget Amendment
Award Acquisition of Half Ton Pickup Truck to Hansel Ford for the Department of Public
Works in the Amount of $18,177.44 and Authorize Budget Amendment for Same Using
Department's Equipment Replacement Funds
Award Acquisition of Service Truck to Northlake Ford-Mercury for the Department of Public
Works in the Amount of $28,881.19 and Authorize Budget Amendment for Same Using the
Department's Equipment Replacement Funds
Authorize the City Manager to Execute a Lease Agreement with South Ukiah Little League
for a Portion of the Riverside Park Property.
Authorize the City Manager to Negotiate and Execute a Lease Agreement with Astro
Business Technologies for Two Copy Machines for the City of Ukiah Administrative Offices
and Approve a Budget Amendment in the Amount of $5,069.
Report to Council Regarding the Purchase of Professional Services From RRM Design
Group for Grant Writing Technical Assistance for the Proposition 50 California River
Parkways Competitive Grant Program for Riverside Park Development Project in the
Amount of $10,000
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not
on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3)
minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments in which the subject is not listed on the agenda.
PUBLIC HEARINGS (6:15 PM)
None
UNFINISHED BUSINESS
Determination of Process for Appointment of Mayor and Vice Mayor: Appointment of Mayor
and Vice Mayor
Receive Status Report Concerning Sign Ordinance Enforcement Activities and Provide
Direction to Staff
c. Discussion of Code Compliance Program and Review of Selected Regulations
d. Proposed Public Works Projects to be Funded by Measure S
e. Discussion of Meeting with the Millview and Willow Water District Boards
NEW
BUSINESS
Discussion and Action Concerning a Joint City Council/County Board of Supervisors
Meeting to Discuss the Ukiah Valley Area Plan
Update Regarding "Fund 699 - Special Projects Reserve"
Possible Adoption of a Resolution Amending the City Council Meeting Procedures
Initial Discussion of City Council Appointments to Boards and Commissions
COUNCILREPORTS
CITY MANAGER/CITY CLERK REPORTS
ITEM NO: 3a
MEETING DATE: December 6, 2006
AGENDA
SUMMARY REPORT
SUBJECT: COMMENDATION TO MARK LAROSE, PRESIDENT AND CEO OF UKIAH
VALLEY MEDICAL CENTER
Mark LaRose has recently announced his intention to continue graduate school studies
and will be leaving the Ukiah Valley Medical Center at the end of December. In
recognition of Mark's many contributions not only to the UVMC but the community as a
whole, the City Council will be presenting a commendation to Mark at the Council meeting.
RECOMMENDED ACTION: Read Commendation.
ALTERNATIVE COUNCIL OPTIONS:
FUNDING:
Amount Budqeted
Account Number
Additional Funds Requested
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Candace Horsley, City Manager
UVMC staff
Approved:
Candace Horsley, C~ Manager
14.
CLOSED SESSION
a. Government Code Section 54956.8 Conference with Property Negotiator
Assessor's Parcel No. 002-381-02, 002-381-03; 002-381-04
Negotiator: Candace Horsley, City Manager
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda
was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300
Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 1st day of December, 2006.
Gail Petersen, City Clerk
AGENDA
ITEM NO: 3b
MEETING DATE: December 6, 2006
SUMMARY REPORT
SUBJECT:
ADOPTION OF RESOLUTION DECLARING RESULTS OF MUNICIPAL
ELECTION OF NOVEMBER 7, 2006 AND SWEARING IN CEREMONY
FOR COUNClLMEMBERS BALDWIN, MCCOWEN AND THOMAS, AND
MEASURE X
Now that all the votes from the November 7, 2006 election have been verified by the
Mendocino County Clerk, the City Council must adopt a Resolution declaring the results
of the Municipal Election. Upon adoption of the Resolution, the newly elected officials
may then be sworn in by the City Clerk. Staff recommends that the Resolution be
adopted and that the City Clerk administer the Oaths of Office for the three newly
elected City Council members.
RECOMMENDED ACTION: Adopt Resolution Reciting the Fact of the General
Municipal Election held on November 7, 2006, Declaring the Result and Such
Other Matters as Provided by Law and Direct the City Clerk to Administer the
Oath of Office to the Newly Elected Officials
ALTERNATIVE COUNCIL POLICY OPTIONS:
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Gail Petersen, City Clerk
David Rapport, City Attorney
1) Resolution
Approved; ~:~,, ~
Ca~ace-Homley, City'M~anager
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALIFORNIA,
RECITING THE RESULLTS OF THE GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 7, 2606, DECLARING THE RESULT AND SUCH OTHER MA'I-FERS AS
PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
Ukiah, California, on Tuesday, November 7, 2006, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided
by law; that voting precincts were properly established; that election officers were
appointed and that in all respects the election was held and conducted and the votes were
cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the Elections Code of the State of California for
the holding of elections in general law cities; and
WHEREAS, the City Council of the City of Ukiah has reviewed the returns from the
November 7, 2006 General Municipal Election based on the ballot count provided by the
County Clerk of Mendocino County, pursuant to Resolution No. 2006-65 of the City Council
of the City of Ukiah, and attached as Exhibit A; and
WHEREAS, subject to receipt of the Certificate of the County Clerk of the result of
the County Clerk's canvass of the Consolidated Election Results for the November 7, 2006
General Municipal and Statewide General Election, the City Council finds as a result of
said count and review that the number of votes cast, the names of the persons voted for,
and other matters as required by law are as hereinafter stated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA,
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council does declare and determine that the following persons
were elected to the following offices respectively:
PHIL BALDWIN was elected a member of the City Council for the full term of four years
expiring November 2, 2010, and until a successor is elected and qualified.
JOHN MCCOWEN was elected a member of the City Council for the full term of four
years expiring November 2, 2010, and until a successor is elected and qualified.
BENJ THOMAS was elected a member of the City Council for the full term of four years
expiring November 2, 2010, and until a successor is elected and qualified.
Resolution No. 2006-
Page 1of 2
SECTION 2. The City Council does declare that the voters approved Measure X,
adopting an Ordinance amending Ukiah City Code Section 1752 to increase the Transient
Occupancy Tax to ten percent (10%), effective November 7, 2006.
SECTION 3. The City Clerk shall immediately make and deliver to each of the persons
so elected a Certificate of Election signed by the City Clerk and authenticated; that the City
Clerk shall also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California and shall have them subscribe to it and file it in the
office of the City Clerk. Each and all of the persons so elected shall then be inducted into
the respective office to which they have been elected.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED AND ADOPTED this 6th day December 2006, by the following roll call vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mark Ashiku, Mayor
Gail Petersen, City Clerk
Resolution No. 2006-
Page 2of 2
Exhibit. A.
RESOLUTION NO. 2006-65
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH CALLING FOR CONSOLIDATING MUNICIPAL
ELECTION OF CITY COUNCIL CANDIDATES AND
PRESENTING A BALLOT PROPOSITION WITH
NOVEMBER 2006 STATEWIDE ELECTION, REQUESTING
BOARD OF SUPERVISORS TO DIRECT COUNTY
ELECTIONS CLERK TO CONDUCT ELECTION,
PRESENTING BALLOT MEASURE, TRANSMITTING
MEASURE TO CITY ATTORNEY FOR IMPARTIAL
ANALYSIS AND AUTHORIZING ARGUMENTS AND
REBUTTAL ARGUMENTS IN FAVOR OF MEASURE.
WHEREAS,
1. Election Code Section 10403 authorizes the City Council of the City of Ukiah ("City")
to request the Mendocino County Board of Supervisors to consolidate a municipal election with
the statewide election scheduled for November 7, 2006; and
2. The City Council shall set forth in the resolution the exact form of any ballot measures
to appear on the election ballot and other matters necessary or convenient to consider a ballot
measure at a general municipal election and consolidate that election with a statewide election; and
3. Section 10002 of the Elections Code of the State of California authorizes the Clerk of
the County of Mendocino to render specified services relating to the conduct of an election to any
city or district which has by resolution requested the Board of Supervisors to permit the County
Clerk to render the services, subject to requirements set forth in that section;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council hereby calls for the election of candidates for three positions on the
Ukiah City Council and the consideration of the ballot proposition set forth below in the general
municipal election scheduled for November 7, 2006.
2. The City Council authorizes a ballot proposition for said election as follows:
MEASURE __
Shall Ukiah City Code Section 1752 be amended to increase from the current 8% to
10% the tax imposed on the room rate charged to customers of hotels and motels in
the City of Ukiah?
· Yes
· No
3. The City Council hereby requests the Mendocino County Board of Supervisors to
consolidate the above-referenced municipal election with the statewide election scheduled for
November 7, 2006.
4. The Board of Supervisors of the County of Mendocino is hereby requested to permit the
County Clerk to perform and render all services and proceedings incidental to and connected with
the conduct of the special municipal election of the City of Ukiah with the cooperation and
assistance of the City Clerk of the City of Ukiah, such services to include, but not be limited to, the
following:
l)
2)
3)
4)
5)
6)
Establish voting precincts, secure locations for polling places, and secure the
services of election officers for each precinct as required by law.
Prepare and furnish to the election officers necessary supplies for the conduct of the
election.
Cause to be translated, as appropriate, and printed the requisite number of sample
ballots, official ballots, rosters and other necessary forms.
Make necessary arrangements for the delivery of supplies to the various precincts.
Distribute absent voter ballots as required by law.
Receive the return of elections material and supplies.
2
7) Canvass the returns of the election, including the absent voter ballots.
8) Furnish a tabulation of the number of votes cast in each precinct.
9) Make all the necessary arrangements to pay the precinct board members and oth6r
costs of the election incurced as the result of services performed for the City of
Ukiah.
10) Publish a list of precincts, election officers; polling places and hours polls will be
open.
11) Verify signatures appearing on petition papers.
5. The City Clerk shall be responsible for:
Publication of Notice of Election.
Distribution and receipt of nomination papers.
Receipt of Candidates Statement and printing deposit.
Publication of candidates as required by law.
Receive campaign statements and disclosure statements as required by law.
Publication of notices related to arguments for and against said measure as required
1)
2)
3)
4)
5)
6)
by law.
6. The City Clerk shall transmit a copy of the ballot measure set forth in section 2 of this
Resolution to the City Attorney for the preparation of an impartial analysis as required by
Elections Code Section 9280.
7. Councilmember Rodin and McCowen, with Vice Mayor as an alternate for
Councilmember Rodin, are hereby authorized to submit a rebuttal argument on behalf of the City
Council to any argument submitted in opposition to the measure.
PASSED AND ADOPTED by the City Council of the City of Ukiah on this 19th day of July 2006,
by the following roll call vote:
AYES: COUNCILMEMBERS CRANE, McCOWEN, RODIN and VICE
NOES:
ABSTAINING:
ABSENT:
MAYOR BALDWIN
NONE
NONE
MAYOR ASHIKU
ATI'EST:
Mark Ashiku, Mayor
Gall Petersen, Deputy City Clerk
4
ITEM NO. ~c
DATE: December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION OF NEW EMPLOYEE - PATRICK BRYANT, ANIMAL
CONTROL/SAFETY COMPLIANCE OFFICER
The Community Services Department is pleased to introduce to Council our new employee,
Animal Control/Safety Compliance Officer, Patrick Bryant. Patrick joined our department in
July of 2006 as a Parks and Golf Service Worker. We immediately recognized Patrick as a
commendable employee and were pleased when he applied for and obtained this new
position. Patrick brings a diversified skill set and enthusiastic mindset to this role. His
background includes performing building & home inspections as a Firefighter for the Town
of Corte Madera, as well as being a former CPR instructor, and having a love for animals.
Originally from Marin County, Patrick and his family moved to Willits this past June. He is
in the process of building his own home on their property. His wife works from home doing
content image editing. Their seven year old son attends Brookside Elementary and enjoys
playing soccer, reading and outdoor adventures. Patrick and his family also have three
dogs.
The Community Services Department welcomes Patrick Bryant to the City of Ukiah.
RECOMMENDED ACTION: Welcome Patrick Bryant to the City of Ukiah
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Maya Simerson, Community Services Supervisor
Candace Horsley, City Manager and Sage Sangiacomo, Community
Services Director
None
APPROVE[~--~ .~'~.~
Candace Horsley, City I~anager
ITEM NO: 3d
MEETING DATE: December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION OF FIRE CHIEF TONY CLARABUT
I am pleased to introduce Tony Clarabut, as the City of Ukiah Fire Chief for the next
year. Tony provides a wide level of experience to the City, including a career
background with the California Department of Forestry (CDF), most recently as
manager of all CDF fire protection, resource management, fire prevention and
administrative programs for five counties. Ctarabut performed contractual Fire Chief
duties for five local government fire departments and was a provider for contractual
dispatch services for twenty-five local agency fire departments. While working with
CDF, he jointly administered two local government fire protection districts. Some of the
significant accomplishments by Chief Clarabut include the merging of Placer
Consolidated Fire District into the CDF/Placer County Fire Department that blanketed
local agency employees into the CDF system. He also worked with the City of
Marysville to implement the Fire Protection Contract for the city, initiated several county-
funded fire protection inspection programs, and managed the construction of three local
agency fire stations.
Chief Clarabut has agreed to work with the City of Ukiah for the next year to assist in
the discussion and implementation of objectives in the Fire Master Plan as goals are
approved by the City Council. His expertise and background will provide the technical
knowledge and ability to analyze the various components of the Master Plan. Chief
Ciarabut will also be working with various other agencies within Mendocino County to
accomplish these goals. In the few weeks that I have been working with Chief Clarabut,
I have found him to be very knowledgeable, quick to pick up on where the City Fire
Department's needs lie, and able to work with a vadety of different individuals on joint
projects. Chief Clarabut will be a groat asset to the City in this next year and we
welcome him to our team.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Candace Horsley, City Manager
Approved:
gerCandace Horsley,
AGENDA
SUMMARY
ITEM NO. 3e
DATE: Dec. 6, 2006
REPORT
SUBJECT: REVIEW OF ACTIVITIES AND ACTIONS TAKEN BY THE CITY TO
ENHANCE THE CITY'S MAJOR EMERGENCY/DISASTER
PREPAREDNESS
BACKGROUND: As a result of a series of significant storms from December 27, 2005
through January 3, 2006, which dropped up to 23 inches of rain in the upper Russian River
watershed, the City of Ukiah and neighboring communities were significantly impacted by
local and regional flash flooding. In addition to the flood response by City Departments,
mutual aid resources were utilized, a shelter was opened to house evacuees, the City
Emergency Operations Center (EOC) was opened and operational and Local, State and
Presidential emergencies were declared. As the flood waters started to recede, City
Departments shifted their role from flood response and rescue to one of supporting the clean-
up and recovery.
As a part of the After Action Review of the City's response to this emergency,
opportunities were sought on ways to enhance the City's preparedness and response
capabilities. As a result of that effort City Staff has strengthened its major
emergency/disaster response capabilities in the following ways:
1. Completed revision of the Emergency Response Plan including annexes for
specific types on incidents.
2. Provided training for Department Directors and second level staff on the revised
Emergency Response Plan and EOC set-up and operations.
3. Created a Community Emergency Response Team (CERT) to supplement and
support the City and mutual aid response.
4. Trained all Fire Department Staff on EOC set-up.
5. Trained Fire Department Battalion Chiefs in major incident management.
6. Purchased and trained Fire Department personnel on the use of a new rescue
boat.
In addition to the enhancements made in the response capabilities of the City, each city
department conducted a review of their operations and facilities, and where possible, made
changes to minimize disaster impacts on their operations, allowing them to stay focused on
fulfilling their role in the emergency response.
In the aftermath of this storm the City, in acting upon the lessons learned, is even better
prepared to coordinate and manage the response of its own resources and those resources
requested through mutual aid in the event of another major emergency/disaster.
RECOMMENDED ACTION: Item is informational only.
APPROVED:
Candace Horsley, City Manag~
Sa
cTrY OF UKZAH
CZTY COUNCZL
REGULAR HEETZNG t4ZNUTES
CI~/ZC CENTER COUNCZL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
November 1, 2006
5:00 p.m.
The Ukiah City Council met at a Regular Meeting on November 1, 2006, the notice for which being
legally noticed on October 27, 2006. Preceding the regular meeting was a Padfic Forest and Watershed
Lands Stewardship Council presentation scheduled to begin at 5:00 pm.
Vice Mayor Baldwin called the meeting to order at 5:20 pm. Roll was taken with the following
Councilmembers present: Crane, Mccowen, Rodin, and Vice Mayor Baldwin. Mayor Ashiku arrived at
5:22 PM. ~taff present: City Manager Horsley, Charley Stump, Building and Planning Department
Director, Sage Sangiacomo, Community Services Director, City Attorney Rapport and City Clerk Petersen
2. PLEDGE OF ALLEGZANCE led by Coundlmember Rodin
Councilmember Rodin introduced Elise Holland, Land Conservation Manager, who provided an
overview of the Stewardship Council's background, the land conservation planning process, beneficial
public values based on the input received from community members, and a brief outline of the
implementation process. 141,729 acres of resource lands are owned by PG&E in eleven watersheds
spread over twenty-two counties, including several thousand acres located in the Potter Valley
Watershed. Allowable uses include agriculture, sustainable forestry, recreation, open space, and habitat
preservation.
Recess from 5:41 to 6:01 pm.
3. PROCLAMATZONSIZNTRODUCTZONSIPRESENTATZON; 6:03:12 PM
a. Presentation - Iqendocino County Child Cam Plannina COundl
Sue Haun, Child Care Planning Council manager, Mendocino County Office of Education, Penny
Walker, Mendocino College and Denise Gorny, North Coast Opportunities, Rural Communities
Child Care, NAC provided a presentation on the County's Child Care Needs Assessment and
Strategic Plan 2005-2010.
PETTrZONS AND COMMUNI'CATZONS
None
APPROVAL OF MZNUTES
a. Reaular Meetina Minutes of October 4. 2006
Correction by Councilmember McCowen to Agenda Item 9.a. Public Hearing, correcting the
spelling of Kevin Orr
b. Reaular Meet:ina Hinutes of October 18. 2006
Correction to Agenda Item 12. Council Reports by Couflcilmember Rodin, to correctly read,
"reported having received information regarding the activities of the Stewardship Council and
suggested incorporating a presentation into a City Council meeting".
Regular City Council Meeting
November 1, 2006
m
a
M/$ McCowen/Rodin approval of the Minutes of October 4, 2006 and October 18, 2006 as
corrected. Motion carried by an all AYE voice vote.
RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
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.
Councilmember Crane requested Item 7.c. be removed from the Consent Calendar and heard
later on the Agenda; Item moved to New Business 11.f.
M/S Baldwin/Rodin to approve the Consent Calendar with Item 7.c. removed.
a. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
b. Award of Bid for Pad Mount Transformer in the Amount of $28,225.00 for and Funded by the
Ukiah High School Modernization Project
c. Adoption of Ordinance Amending Section 62 of the Ukiah City Code, Pertaining to
Compensation of Mayor and City CouncilMembers. Pulled to Agenda Item 11.f
d. Opticom GPS Traffic Preemption System from the 3H Corporation - Authorize the City
Manager to Process a Budget Transfer and Purchase the System for a Price Not to Exceed
$100,020
e. Authorize the Execution of Amendment No. 2 to the Winzler and Kelly Consultant Service
Agreement Dated ~lune 27, 2002 and the Expenditure of an Additional $26,474.00 from the
Orchard Ave Bridge Fund for the Purpose of Incorporating Plan Changes Requested by the
Permitting Resource Agencies
Motion carriod by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
AUDTENCE COMMENTS ON NON-AGENDA FrEM~
No one came forward to address the Council.
PUBt TC HEARINGS (6:15 PM)
a. Public Hearina Reeardina Notification of Award of Supplemental Law Enforcement;
Services Fund, Citizens Ootion for Public Sefetv (SLESF, COP~) Grant in the
Amount of $100,000 FY 06/07 Soendino Plan for use of Grant Funds 6:21:54 PM
A brief overview of the Agenda Summary Report was presented by captain Chris Dewey who
stated the grant will fund part-time support personnel and mobile computer terminals for the
police cars. The computer terminals will allow the officers to access data direcUy from the
vehicle and possibly reduce radio communication between the vehicles and dispatch, reducing
the workload of the dispatchers. Chief lohn Williams addeed that these funds are to
supplement existing services and not supplant any existing funding for law enforcement
services, as required pursuant to Government code Section 30061.
Public Comment Opened: 5:30:58 PM
No comment made by the public.
Public Comment Closed: 6:31:06 PM
Regular City Council Meeting
November 1, 2006
-2-
11.
10.
PUBLZC HEARZNGS (6:15 P~) - cont/nued
M/S McCowen/Baldwin authorizing the Departmental Spending Plan for FY 2006/2007
Supplemental Law Enforcement Services Fund Grant. Motion carried by the following roll call
vote: AYES: Crane, McCowen, Rodin, Baldwin and MayorAshiku; NOES: None; ABSTAIN:
None; ABSENT: None
a. Authorization of Sole Source Contract for Purchase of Mobile Comouter TermJnpl
Software from Visionair. [nc. in the Amount Not to Exceed $75.941,12. 6:32:42 PM
Captain Dewey reported the quote received from Visionair, inc. for the purchase of mobile
computer terminal software is the lowest price available and requested authorization of a sole
source contract.
M/S Rodin/McCowen to authorize the sole source purchase of Mobile Computer Terminal
Software from VisionAir, inc., in an amount not to exceed $75,941.12. MoUon carried by the
following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES:
None; ABSTAIN: None; ABSENT: None
UNFINISHED BUSINESS
a. Summary and Discussion of Airoort Business Park Caoital Imorovement (Traffic
Imoact Feel Proaram and Southern Road Access Zssue 6:34:52 PM
Planning Director Stump, and Rick Kennedy, Public Works Project Manager, reviewed an
historical summary of the Airport Industrial park traffic impacts and Capital Improvement
program as well as information relative to the southern access road matter. Lengthy
discussion ensued regarding current traffic issues and additional congestion anticipated with
buildout of the industrial park; the applicability of the two traffic studies conducted in 1996
and 1997 and appropriateness of the Capital Improvement Fees, and; possible southern
access road options in lieu of using the Hastings Avenue at South State Street approach to
the business park
Public Comment Opened 7:07:25 PM
Gary Ackerstrom, Developer, presented the original plans for the development of the Industrial
Park and encouraged the City to negotiate with the California Department of Forestry and Fire
Protection to preserve options that would facilitate a southern access via Airport Road.
3udy Pruden encouraged the Council to follow the 1995 Circulation and Transportation Element
within the 1995 General Plan. Ms Pruden disclosed that she owns a single family residence in the
Norgard area.
Public Comment Closed 7:31:48 PM
it was the consensus of the Council members to:
Direct staff to use an Engineering Price index rather than the Consumer Price Index for
updating the Capital Improvement Fees;
~ Explore with CDF the option to preserve the ability at some future date to have a public
roadway connecting the developments to South State;
~ Review the Capital Improvement Fee structure and prepare a proposal for a traffic study
that would evaluate the need and feasibility of a southern access to the industrial park.
Recess from 7:36 pm to 7:46 pm
Regular City Council Meeting
November 1, 2006
-3~
10. UNFZNISHED BUSINESS;
b. Discussion and Direction Concernina Code ComDliance Proaram
Director Stump briefly reviewed the report. Councilmember Crane read his letter
regarding the current and proposed scope of enforcement efforts relating to the full spectrum
of ordinances. Extensive discussion followed regarding status of the enforcement of existing
ordinances and codes; staffing issues, definitions of terms contained within the ordinance(s),
and possible revision of the current sign ordinance as it pertains to "violations". Staff was
directed to:
> Review existing ordinances and bring back a recommendation identifl/ing five
ordinances/statues that should be reviewed.
> Prepare an amendment to the sign ordinance making violations infractions instead of
misdemeanors and include a fine schedule that would increase with subsequent
violations. Notice to violators requesting compliance with the sign ordinance is to be
provided prior to the issue of the citation.
C
Status Re~ort on the Develooment of Observatory Park and Referral to the Park~.
Recreation, and Golf Commission to Develoo a Draft Use Plan for the Buildinos on
~ 8:38:47 PM
Sage Sangiacomo, Community Services Director provided a comprehensive review of
the status on the development of Observatory Park. Discussion ensued regarding possible
uses of the existing residence. Tt was noted that the roof is in need of repair.
Public Comment Opened:
Steve Scalmanini recommended a mold test.
Public Comment Closed
MIS NcC:owen/Crane to refer the matter to the Parks, Recreation, and Golf Commission to
develop a draft use plan for the buildings on the property. Notion carried by the following
roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None;
ABSTAIN: None; ABSENT: None
11.
b. Utilities Denartment Status Undate 8:58:37 PM
.left Gould, Interim Utility Director, reviewed the Utility Department's ninety-day status
report, summarizing repairs and status of projects within the Electric Division, Water Division,
Wastewater Division and the Hydro Plant Refurbishment Project.
Director Gould's report was received and filed.
Rem)rt on Recent California Leaislation Affectina Municipally Owned El~l;ric
Utilities
3eft Gould, Interim UUlity Director, reviewed recent legislation as it pertains to the Cib/'s
electric utility and community. Director Gould provided an overview of the impact of AB 32 -
"California Global Warming Solutions ACt of 2006"; AB 2021 - "Addition to Public utilities Code
of Section 25310 amending Section 9615"- Public Utilities - energy efficiency and; SB 1368 -
staff is reviewing this legislation at this time. A report will be submitted to the Council once
the review is completed.
Council received the report.
Regular City Council Meeting
November 1, 2006
-4-
12,
Greenhouse Gas Reduction - Publicly Owned Fu~tric Utilities' Princi~leq
Addressino Greenhouse Gas Reduction Goals And AB-32 Reauirementq g:25:08 PM
.left Gould, Znterim UUIity Director, summarized the requirements of AB32 which includes
mandatory reporting and implementation requirements that will be imposed on publicly
owned electric utilities in California. With the adoption of this resolution, the City will support
public power communities' commitment to implement a greenhouse gases reduction plan and
ongoing efforts to procure cost effective, reliable, and feasible energy efficiency and demand
reduction resources proactively. As a member of NCPA, the City of Ukiah has been asked to
adopt these principles. NCPA has committed to assist staff in the fulfillment of the goals and
principals set forth in the Resolution.
M/S Crane/McCowen adopting California's Public Power Utilities' Principles Addressing
Greenhouse Gas Reduction Goals. Motion carried by the following roll call vote: AYES:
Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None;
ABSENT: None
ZCLEZ Proaram - Znvestiaation of Ukiah Particiz~tJon 9:30:54 PM
.left Gould, znterim Utility Director, reviewed the "Cities for Climate Protection Program",
a voluntary program to quantify Greenhouse Gas Emissions. Director Gould reviewed the five
step process and provided an estimated cost of the initial phase to participate in the program
of $30,000.
Discussion followed with Council members questioning whether this program duplicates the
requirements of AB32 and what the benefits to the City are.
M/S Crane/McCowen to table this item. Motion carried by an all AYE voice vote.
AdouUon of Ordinance Amendino Section 62 of the Ukiah City Cede. Pert~ininq tn
Com~ensaUon of Mayor and City Council Member~ 9:42: ! ! PM
Councilmember Crane stated he previously voted against an increase in compensation and
has recently polled other dties which resulted in the average compensation being $150. per
month.
MIS Baldwin/McCowen to adopt an Ordinance amending Section 62 of the Ukiah city
Code pertaining to compensation of the Mayor and City Council members. Motion carried
by the following roll call vote: AYES: McCowen, Rodin, Baldwin; NOES: Councilmember
Crane and Mayor Ashiku; ABSTAIN: None; ABSENT: None
~ 9:44:00 PM
Councilmember Rodin: Reported attending a breakfast held to honor employers promoting
diversity in workplace. The City of Ukiah received a Certificate of Appreciation.
Mayor Ashiku advised that a report will be made at the November 15, 2006 meeting regarding
the boundaries of the sphere of influence and tax sharing agreements between the City and
County.
CTrY MANAGER/CTTY CLERK REPORTS
City Manager Horsley stated that the City's new web site has gone live.
reported that IT has been upgrading all computers to the new server.
She additionally
Regular City Council Meeting
November 1, 2006
-5-
14. ~
None
15,
There being no further business, the meeting was adjourned at 9:48:41 PM.
Gail Petersen, City Clerk
Regular City Council Meeting
November 1, 2006
-6-
AGENDA
SUMMARY
ITEM NO. 7a
DATE: December 6, 2006
REPORT
SUBJECT: AWARD OF BID TO CLARK PEST CONTROL SERVICES FOR PEST
CONTROL SERVICES AT VARIOUS CITY FACILITIES
Recently, the City's contract with Clark Pest Control for quarterly pest control services at
various facilities expired. In accordance with City of Ukiah purchasing policies, Requests
for Quotation (RFQ) sheets were sent out to all qualified bidders who provide routine pest
control services. The RFQ which includes the scope of work for this contract is included as
Attachment #1 for review.
Bids were returned by four vendors with Clark Pest Control submitting the lowest bid of
$935 per quarter for all identified facilities. A detailed summary by vendor and facility is
included as Attachment #2 for review.
Bid Summary Table
Clark Pest Control $935*
Hitmen $1,420*
Extermagon $1,560*
Terminix $1,990*
*based upon estimated service needs
Continued on Page 2
RECOMMENDED ACTION: Award bid to Clark Pest Control Services for Pest Control
Services at various City Facilities.
ALTERNATIVE COUNCIL POLICY OPTIONS: Determine award of bid to Clark Pest
Control Services is not appropriate and select another vendor or remand to staff with
direction.
FUNDING:
Amount Budqeted Account Number Additional Funds Requested
$3,740 per year Various N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Sage Sangiacomo, Community/General Services Director
Candace Horsley, City Manager and Mary Horger, Purchasing
Supervisor
1. Request for Quotation for Pest Control Services
2. Detailed Summary of Quotes
Candace Horsley, City M~nager
The initial term of the contract is for 3 years and may be extended for two additional 1 year
terms upon written consent of the contractual parties. Rates are firm for the term of the
entire contract. However, the City does retain the right to add or cancel quarterly service
for any location for any period of time. In addition, the contractor is required to guarantee
all work between quarterly services. The cost for these services is budgeted and charged
to the each of the individual facility/department maintenance accounts.
Attachment #1
REQUES1 FOR QUOIAIION
PES] CONTROL SERVICE
AT
VARIOUS CITY FACILITIES
Bids will be r~ceived until 1.'30 P,M. on Octdaer 23, 2006. at th~ omce of lhe Purchasing [)epa~t rnefli, 300 Semina~] Aventie,
Uk~ah, CA 95482, Bids received alter [h~s tinYe arid date will~]o~ be acc~Fed or considered, Bids ma), be e~hef mailed, laxed or haed
All billings shall be sent Io: City of [Jkiah Accounts Payat~e
300 Semit~ary Aventle
Ukiah, CA 95482
707-463.6230 FAX: 707 463 6234
[)age 1 of 8
GENERAL PROVISIONS
BIDS: Conlractors am requin~ [o submit a bid on ~ bid items. Bid subm~als which do ncIHlaw! all itents bit] will no[ be c~sidered
BIDDER iNVES [IGAIION: Before submitting a md, eadl a)ntractor shall make all invesUgalioris and examina~ ~ls necessary
AWARD: I he City o[ U kaah reserves the righ[Io rejed any and all bids: to waive any irreguladies and ~o acc~pl [he bid Ula[ app(~rs {o
be in Ihe best it~efes~ o~ ~he C~y, The C~ inter,is ~o award all b~d rems ~o a single conb'acto~.
NOTE: TH E CiTY AD VISES ALL PROSPECTIVE CONTRACTORS TO CAREFULLY READ THE INSURANCE REQUIREMENTS
LISTED BELOW. IT IS ALSO ADVISED THAT PRIOR TO SUBMITTING A BID, CONTRACTORS SHOULD HAVE THEIR
INSURING AGENCY REVIEW THE CITY'S INSURANCE REQUIREMENTS TO DETERMINE IF THEIR CARRIER(S) WILL
APPROVAL AFTER AWARD OF BID. FAILURE TO COMPLY WITH THE INSURANCE REQUIREMENTS STATED HEREIN,
AFTER AWARD OF BID WILL BE JUST CAUSE FOR ANNULMENT O F AWARD, If you have que$tir~s regarding our b~sur~ce
INJURIES AND PROPERTY DAMAGE
1 he contracLof agrees to save harmless and lo ~ld c~llnil,/the C~y, its officials, office, empby~s and v~r~e~s from ewy claim or
pr(~ings, that may [~ t~ght or inst~uled aga ,]st the Cby (~ ~y claim {z (Jolt~l}d, al]d pay or sa~s~ anyju<~m(ml ~1;~ may be
T~ foit~9 r~u~el~ts shall be mc~ a~ a ~ of w~ b~:
COMPLIANCE WIIH LAWS & REGULATIONS: All malerials, paris and eguipme~lt furnished p[~suanl {o Lhese
LICENSE REOUIREMENFS Bidder/Contr ~o~ must pussess a QJrrelit SLale of Califenlia pest c~llrolitcense and Lice~lse
of Ceriitled Sl~ayer (Oparalor), Lic~.~ls,~ i11usI be ol1 ~it.~ with Lhe Mendoono Courr~y, Deparm~el~ c~ Agricu:~,.re
Page 3 el B
a) Re bidder shall ~(eep in force a C~/o[ Dkiah business liCelSe. Co, it acJ: Kathy Norris al 463 6202 [or intormation and
INSTRUCTIONS ,tO BIDDERS:
Contrador shall fill out a delailed checkJist for each site on ead~ visit Comple(ed checklists shall be relurned io Lhe Building.
Maintenance Lead Wot kef, 300 Sem~n~pj Aveeae, Ukiah, CA 95482.
2, This agreement sl~all ~clude:
COMPtY:
Yes or No Quarterly sen~ce on outside perimc-tef of 811 bJildJngslequipment arid inside buildings as specif~l
and agrend iJp{X] with the Comlean~ly S~v ~!s Dired(~'
Yea or No All w(rk itJlly ~araateed be~eao rc~. ular servlea~ at no extra cost [o the City,
UST QUOTATIONS FOR THE FOL LOWING:
1 Crvic Center and C~vic Cemer ~nex: OUTSIDE PERIME]'ER5
(incbde exJerkw wall & eaves)
2 . Civic Cent~ and Ckqc Ct]]ter/b]m!x: IN SIDE BUll DING
3. Gzace Hudson Muse{ifil, Sun House, Woodeq Sl~ed: OtJ ISIDE PERIMt IERS
4 Grace Hudson Musmml. Sun House, W(x)dm Sh~: INSIDE BUll DING
5 Day Camp Office and Silage B~lildings: OUTSIDE PERIME]ER
QUARIENI Y IJNI[ PRICE
pe~Cltr
per Off
per qlr
8 - Pool Offi~ Building: iNSIDE BUll DINGS
9, [~dGroveBuikJi~:OUTSIDE PERIMEIER
10 l~d GR)ve Building: INSIDE BUILDING
Page 4 ol 8
per (3r
per G'tr
ger Otr
p~' TZr
p~-
per
per OIr
~r qtr
pe~ ~r
per
, per
~r C~r
~r QLr
Labor Chargc~ r(~r Tr(xlble Call Service:
EMi RGENCIES: Orle hour resp(x~se ii[[:e (E m(~gerld~ Io be
de~e-min(,,d by the Community Services Department.)
NON EMERGENCIES: Fourho~lrrespo~setime
21, Termle Cot]lroJ Services
a, Todd Grove Buildin§ i~rsefwe
b C r¢~ Ceute~ (Main Buitding Only)
Paymenk
Please specify paymellI ~e~lllS:
Page 5 o[ B
This bid Is submltIed by (check one):
(Specif'/)
Legal Name or Bidder:
Md~ess of Bidder: .......................
Pq01qe Niimber: ................. Fax Number:
SERVICE CALL PHONE NUMBER:
E mail: Web Site: ........
By: T~tle: Dated: (S~gnature)
(~lnt or lype Nan'e) lille:
REQUIRED DATA
WORK PERFORMANCE
WORK PERFORMED
Page 60r8
4 COMPANY NAME:
CONrACI:
ADDRESS:
PHONE: ......
SUBCONIRACTORS: lhe bidder taus/subm] a Iisi e4 subcontr~[om wi]om he proposes to employ on ~he work w~] proper fh'm
Subcon~ractor's Name Wr~k 1o be Per/ormed
Address
City/sla{(~Zip
Pilo~le Number Fax Number
license NumbefiTypdExp~ra~a Dale
Subcc~lb'aclor's Name
Address
Ci¥State/Zip
Page
Work ~o be Peri'or reed
Workto be Perior reed
Phone Numbe~ Fax Number
License NumbedTypdExpira[~n Dale
VENDOR'S STATEMENT
REGARDINGINSURANCE COVERAGE
To be Submitted with Bid
Pa~je 8 of[~
I have verified with the City of Ukiah's Risk Manager on
(Date)
that my company's Certificates of Insurance are current and on file with the City of Ukiah.
Expiration Dates are:
General Liability
Product Liability
Auto
Worker's Compensation
Name of Company
Signature of Authorized Representative Title
Type or Print: Authorized Representative Title
Attachment #2
Bid Summary Sheet for Pest Control Services
By Vendor and Facility
1. Civic Center & Civic Center Annex
(Outside Perimeters)
2. Civic Center & Civic Center Annex
(Inside Building)
3. Grace Hudson Museum - Exterior
4. Grace Hudson Museum - Interior
5. Day Camp Office - Exterior
6. Day Camp Office - Interior
7. Pool Office Building - Exterior
8. Pool Office Building - Interior
9. Todd Grove Building - Exterior
10. Todd Grove Building - Interior
11. UVCC - Exterior
12. UVCC - interior
13. STP- Exterior
14. STP - Interior
15. Park Office - Exterior
16. Park Office - Interior
17. Alex Thomas Plaza Storage -
Interior
18. Airport Admin - interior
19. Airport Admin - Exterior
Emergency Hourly Charge:
Non-Emergency Hourly Charge:
Clark Pest Control Extermagon Quarterly Terminix Hitmen
Quarterly Charges Charges Quarterly Charges Quarterly Charges
$325.00 $225.00 $115.00 $225.00
Included in #1 $95.00 Included in #1
Included in #1 $105.00 $115.00 $225.00
Included in #1 $60.00 Included in #3
$60.00 $60.00 $100.00 $100.00
included in #5 $20.00 included in #5
$60.00 $65.00 $100.00 $95.00
Included in #7 $20.00 Included in #7
Included in #1 $65.00 $115.00 $105.00
Included in #1 $20.00 Included in #9
$125.00 $105.00 $115.00 $125.00
Included in #11 $55.00 Included in #11
$185.00 $270.00 $1,000.00 $300.00
Included in #13 $100.00 Included in #13
$60.00 $70.00 $115.00 $95.00
Included in #15 $30.00 Included in #15
$60.00 $65.00 $100.00
$60.00 $45.00 $115.00
Includedin #18 $85.00 Includedin #18
$65.00
$85.00
NoCha~e $125.00 $500.00 $125.00
No Cha~e $50.00 $250.00 $100.00
Termite Control Services:
Todd Grove Building
Civic Center (Main Bldg Only)
No Charge n/a
No Charge n/a
Based on req'd service $250.00 inspection
Based on req'd service $500.00 inspection
Total:
$935.00 $1,560.00 $1,990.00 $1,420.00
iTEM NO. 7b
DATE: 'December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO THE CITY COUNCIL REGARDING ACQUISITION OF
SERVICES FROM SPENCER BREWER FOR THE MANAGEMENT/PRODUCTION OF
THE 2007 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $8,000
SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is
filing with the City Council this report regarding the acquisition of services from Spencer
Brewer (dba: Laughing Coyote Productions) for the management and production of the
2007 Sundays in the Park Concert Series in the amount of $8,000. The draft contract is
attached for review.
Mr. Brewer is one of the original organizers and has provided management and production
services since the beginning of the series. For the first time in sixteen years, Mr. Brewer
has requested an increase of $500 which is reflected in the total contractual amount of
$8,000. The event is funded entirely by private sponsorship, and the funds are held in a
trust account (900.205.226) that the City manages.
RECOMMENDED ACTION:
1. Receive report regarding the acquisition of services from Spencer Brewer (dba:
Laughing Coyote Productions) for the management and production of the 2007
Sundays in the Park Concert Series in the amount of $8,000.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. N/A
FUNDING:
Amount Budqeted
$8,000*
Account Number
900.205.226.000
Add~ionalFunds Reque~ed
N/A
*Funded entirely by private sponsorships
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
Sage Sangiacomo, Community/General Services Director
Candace Horsley, City Manager
1. Draft 2007 Contract Proposal from Spencer Brewer
Candace Horsley, City M~nager
Attachment #1
Proposal to Manage the 2007
Sundays in the Park Concert Series
I propose to manage the 2007 Sundays in the Park Concert Series for the City of Ukiah
to the same extent that I handled the project in 2006. I will coordinate all the acts,
bookings of said acts, sound logistics, radio spots, radio & press releases, stage
coordination, help on the poster layout, concert day opening speeches, fund raising,
and general on site management at each concert. If a previously scheduled concert of
my own occurs on the day of any of the SITP concerts, will make ample arrangements.
The terms are as follows:
$2,500. to be paid on or before December 7th, 2006. This covers all my expenses in
enlisting sponsors, booking of the bands, setting up the publicity campaign and the pre-
work to begin the 2007 series. The next payment of $2,500 will be due on or before
April 1, 2007.
An additional $500. per each of the six concerts, will be due on the day of each concert.
If there are 7 concerts, the amount will be adjusted.
Total: $8,000.
Signed:
Spencer Brewer, November 5, 2006
Accepted for the City of Ukiah:
Date:
,/
AGENDA
ITEM NO: 7c
MEETING DATE:
December 6, 2006
SUMMARY REPORT
SUBJECT: STATUS OF THE LAKE MENDOCINO HYDROELECTRIC POWER
PLANT EQUIPMENT REFURBISHMENT EMERGENCY
At its May 17th, 2006 meeting, Council voted unanimously to declare the Lake Mendocino
Hydroelectric Power Plant equipment refurbishment project an emergency and authorized
the City Manager to take action to resolve the emergency until such time that the
emergency no longer exists. To that end, the City Manager has contracted with Source
California Energy Services, Inc. to perform the work necessary to refurbish the power plant
equipment that was damaged and contaminated as a result of flooding that occurred
earlier this year.
Statute requires that progress reports be made at every City Council meeting until such
time that the contract is complete and the emergency no longer exists.
A progress report from the Project Manager for Source California Energy Services, Inc. is
detailed in Attachment 1,
RECOMMENDED ACTION: Staff recommends that the Council continue to declare by a
4/5 vote that the Lake Mendocino Hydroelectric Power Plant equipment refurbishment
project is a continuing emergency and to support the refurbishment contract as performed
by Source California Energy Services, Inc. until such time that the contract is complete and
an emergency no longer exists.
ALTERNATIVE COUNCIL OPTIONS: Given that Council declared the Lake Mendocino
Hydroelectric Power Plant equipment refurbishment project an emergency at its May 17th
Council meeting, and based on that action, the City entered into contract to resolve the
emergency, there is no alternative policy option.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
Liz Kirkley, Electrical Distribution Engineer
Candace Horsley, City Manager; David Rapport, City Attorney;
Jeff Gould, Interim Utility Director
1. 11/27/06 Source California Hydro Project Status Report
Approved': Candace Horsley, Ci~t Manager
Date: November 27, 2006
To: City of Ukiah
Below is a short summary of work that has been accomplished in the last three weeks.
ATTACHMENT1
Safety and environmental compliance continues to be accident and incident free.
1) Both Unit 1 & 2 generators have been installed and almost completed on final alignment checks.
2) Both Unit 1 & 2 turbine runners are out at the machine shop for shaft clearance rebuild work.
3) The Turbine Stop Valves (TSV's) were hydrostatically tested and passed. They are being shipped to
the site today.
4) Completed functional checks and placing in service the generator heaters but only in manual
operation. Automatic still requires thermostat calibrations.
5) All material for the second UPS has arrived and installation is in progress.
6) We are about 70% complete on the front panel mounted indicators and corresponding transducer
calibrations.
7) Started engineering research to determine the extent of the transfer trip protection and determine
work scope.
8) The DF&G Hatchery backup pump control panel has been modified for standby start automated
control. We are waiting for new pumps to arrive.
9) An emergency diesel hatchery pump was installed, tested, and approved by the DF&G.
10) Began SCADA demolition and we are about 60% complete.
11) Began front panel modifications for the generator protection relay installations.
12) The river flow monitoring instrumentation has been completely bench tested. We are working on
installation sketches.
13) Started ordering a portion of the new cable trays, conduits, and cabinet backplanes for the SCADA
installation.
Paul B. Dirks
Project ManagedSr. Mechanical Engineer
Source California Energy Services, Inc.
ITEM NO. 7d
DATE: December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF RESOLUTION AUTHORIZING THE COUNTY OF
MENDOCINO TO PROVIDE MICROENTERPRISE BUSINESS
SERVICES UNDER THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM TO TARGETED INCOME INDIVIDUALS
RESIDING WITHIN THE CITY OF UKIAH
West Company is a nonprofit economic development organization serving
entrepreneurs and microbusiness owners in Mendocino County.
West Company has been offering training and consulting to microentrepreneurs
since 1988. Although this service has been offered free of charge to County
businesses, those businesses located within the City limits were required to pay
for this service. The County of Mendocino is now offering to extend the delivery
area of the Community Development Block Grant Economic Development
(CDBG) allocation to residents of the City of Ukiah. By accepting delivery of
services under the County contract, the City would not bear any administrative
costs, monitoring costs, or other costs associated with this type of grant. West
Company will report, deliver and prepare for monitoring by the State. Combining
efforts will save duplication of administrative time and the residents of the City of
Ukiah will benefit by receiving these services free of charge.
RECOMMENDED ACTION: Adopt Resolution authorizing the County of
Mendocino to provide microenterprise business services under the
Community Development Block Grant program to targeted income
individuals residing within the City of Ukiah.
ALTERNATIVE COUNCIL POLICY OPTION: 1 ) Revise proposed resolution;
2) Provide Staff with direction.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Candace Horsley, City Manager
Don Ballek, Assistant to City Manager/Economic
Development
Candace Horsley, City Manager
1 - Resolution
APPROVED:
Candace Horsley, City Mana{~r
ATI'ACHMENT~ /
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE
COUNTY OF MENDOCINO TO PROVIDE MICROENTERPRISE BUSINESS SERVICES
UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO
TARGETED INCOME INDIVIDUALS RESIDING WITHIN THE CITY OF UKIAH
WHEREAS, County of Mendocino is authorized to provide microenterprise business
assistance services under the Community Development Block Grant (CDBG) program of
the State of California;
WHEREAS, the County of Mendocino has contracted with West Company to
provide such services;
WHEREAS, the County of Mendocino is not authorized to provide microenterprise
assistance services within the incorporated city limits of the City of Ukiah;
WHEREAS, the County of Mendocino wishes to offer CDBG microenterprise
business assistance services to targeted income individuals residing within the City of
Ukiah; and
WHEREAS, it is to the benefit of targeted income individuals residing or owning
microenterprise businesses within the City of Ukiah to receive such services;
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City
of Ukiah authorizes the County of Mendocino to provide microenterprise business
assistance services to targeted income individuals residing or owning microenterprise
businesses within the City of Ukiah.
The foregoing resolution was adopted at a regular meeting of the Ukiah City Council on the
6th day of December 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Ashiku, Mayor
ATTEST:
Gail Petersen, City Clerk
AGENDA
SUMMARY
Item No 7e
Date: December 6, 2006
REPORT
SUBJECT:
AWARD OF BID FOR THE PURCHASE OF 9,000 FT. OF #2 AWG, 15 KV,
EPR INSULATED, SINGLE CONDUCTOR, JACKETED CONCENTRIC
NEUTRAL CABLE TO PRYSMIAN CABLES AND SYSTEMS IN THE
AMOUNT OF $15,816.62
A Request for Quotation was sent to eleven suppliers for 9,000 ft of#2 AWG 15 KV EPR
insulated, single conductor, jacketed concentric neutral cable. Six bids were received and
evaluated by staff; the lowest bidder was Prysmian Cables and Systems in the amount of
$15,816.62.
This cable' will be placed in warehouse stock for planned future projects and has been
budgeted in the 2006/07 Fiscal Year in Account Number 800.3646.690.000. Sufficient
funds are available.
Bid results are indicated below:
9,000' #2 AWG, 15KV~ EPR INSULATED SINGLE CONDUCTOR CABLE
Prysmian Cables & Systems
Hughes Supply Utilities, LTD
Champion Wire & Cable
American Wire Group
General Pacific
Consolidated Electric Distributors
$15,816.62
$18,411.24
$20,149.36
$24,340.73
No Bid
No Bid
Continued on Paqe 2
RECOMMENDED ACTION: Award bid to Prysmian Cables and Systems in the amount
of $15,816.62 for the purchase of 9,000 ft. of #2 AWG, 15 KV, EPR insulated, single
conductor, jacketed concentric neutral cable.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and provide direction to staff.
Citizen Advised: N/A
Requested by: Colin Murphey, Interim Electrical Supervisor
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Jeff Gould, Interim Utility Director; Candace Horsley, City Manager
Candace Horsley, City Mar~ger
AGENDA
ITEM NO:
MEETING DATE:
7f
12/06/06
SUMMARY REPORT
SUBJECT:
AUTHORIZATION OF SOLE SOURCE PURCHASE OF WATER VALVE
DATA ACQUISITION SYSTEM FROM PACIFIC TEK IN THE AMOUNT OF
$9,965 PLUS SALES TAX
Submitted for the City Council's consideration and action is staff's recommendation to sole
source the purchase of a water valve data acquisition system to Pacific Tek in the amount
of $9,965 plus tax. Automated valve exercising equipment was purchased from Pacific
Tek in February 2006 for the valve exercising program throughout the City of Ukiah. Pacific
Tek replacement parts are needed to be compatible to the system. The California
Department of Health Services has recently mandated that valves in water distribution
systems must to be exercised on a regular schedule to prevent the buildup of rust
deposits, which can render the valves inoperable.
(Continued on pa.qe 2)
RECOMMENDED ACTION: Award the sole source purchase of a water valve
data acquisition system to Pacific Tek in the amount of $9,965 plus tax.
ALTERNATIVE COUNCIL OPTIONS:
1 ) Reject sole source award and provide direction to staff.
FUNDING:
Amount Budqeted Account Number Additional Funds Requested
$12,000 0
820.3948.800.000
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Ann Burck, Project Engineer
Candace Horsley, City Manager
1 ) Price Quote from Pacific Tek
Approved:
Candace Horsley, City M~,ager
The addition of Pacific Tek's data acquisition system to their valve exercising equipment
will allow the Water/Sewer System Maintenance crew to automatically transfer valve
location with the Global Positioning System (GPS) navigation system and valve attributes
from the valve operator directly into a tablet computer in the truck cab. In the event of a
water main break, the field crew will be able to access the valve location and data from the
computer to quickly locate and close the valves closest to the break and access
information from the City's GIS data on the water distribution system to facilitate the repair.
Valve data will also be downloaded to the City's GIS database and available for an asset
management system database.
Funds were budgeted and are available for this project in the FY '06-'07 budget, Account #
820.3948.800.000.
ATTACHMENT
2231 Cape Cod Way - Santa Aha, CA. 92703
Ph: 714-835-3088/1-800-884-5551 Fax: 714-835-3091
February 17, 2006
Ann Burck
City of Ukiah
Dear Ann,
Listed below is the capability list of the software and hardware you'll be getting
when you buy the data collection system that goes with your new valve operator
Software & Hardware for collecting infrastructure data and condition from
field crews. Record all asset information included in water and waste water
system.
· Transfer data between office & field without paper
· Document history for changes or updates to infrastructure
· Preset reports for system status and specific problems
· Automatically calculate fire flow rates and volume
· Set up projects for field crews to complete and monitor progress
· Daily reports are sent at beginning and end of selected project
· Redlining tool directly on map for notation and documentation
· GPS antenna attached for navigation and location
· Track vehicle location history
· Automatically record Pacific Tek PT-25 valve operation (includes torque
monitoring and revolution count)
· Works directly with ESRI Geodatabase/shapefile format
· Capable to transmit via cellular or Wi-Fi connection
· Ability to e-mail and Instant Message crew with cellular or wireless connection
· Automatic software updates and service packs available via the web
· Data encryption and biometric (thumbprint scanner) authentication
· Minimum computer requirement; 1 GHz processor and 512 Meg Ram
· Fujitsu Stylistic daylight viewable Tablet computer for field use.
Total System Price: .................. $9,965.00 + tax
Regards, DgJ¢
AGENDA
ITEM NO: 7q
MEETING DATE: 12/06/06
SUMMARY REPORT
SUBJECT:
AWARD OF BID TO DELTA TRUCK CENTER FOR THE PURCHASE OF A
NEW 2008 SIX-YARD DUMP TRUCK IN THE AMOUNT OF $79,740.38
AND APPROVAL OF A BUDGET AMENDMENT
Pursuant to the requirements of Section 1522 of the Municipal Code, staff is requesting
authorization to purchase a new 2008 Sterling PRL-22K two-axle truck with dump body
and telescopic hoist in the amount of $79,740.38 for the City of Ukiah Water/Sewer
System Maintenance Division.
The dump truck is used on a daily basis to transport equipment and materials to job sites
within the City and occasionally out of town for materials. The existing 1985 dump truck is
in poor condition with transmission and rear axle problems. It is difficult to obtain
(Continued on pa.qe 2)
RECOMMENDED ACTION: Approve award of bid to Delta Truck Center for the purchase
of a new 2008 six-yard dump truck in the amount of $79,740.38 and approval of a budget
amendment in the amount of $5,740.38 in Account No. 698.3510.800.000 for sales tax.
ALTERNATIVE COUNCIL OPTIONS:
1. Reject all bids and remand to staff with direction.
FUNDING:
Amount Budqeted From Acct. No. To Acct. No. Additional Funds Requested
$37,000
$37,00O
698.3510.800.000
698.3948.800.000
698
698.3510.800.000
$5,740.38
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Ann Burck, Project Engineer and Gary Dogali, Water/Sewer
System Maintenance Supervisor
Candace Horsley, City Manager
Bid Specifications for Two Axle Truck with Dump Body
Approved: ~~%
Candace Horsley, City'~kanager
replacement parts because of the age of the truck. The Water/Sewer System
Maintenance Division needs a dedicated dump truck since most of the jobs are
emergencies and require immediate access to equipment for an indeterminate amount of
time.
A hybrid or alternative energy vehicle was not considered a viable option. In an
emergency situation, a vehicle is needed that can easily and quickly access fuel. This
truck will be used occasionally to go out of town to pick up materials. The City currently
only has one fuel station for alternative energy vehicles. It takes 8 hours to refuel a
vehicle, and the Street Department uses the station to refuel their street sweeper each
night. Also, it is important to note the truck being replaced met 1985 Environmental
Protection Agency (EPA) air emission standards. The new truck is more fuel efficient and
meets the new 2008 EPA emission standards.
The Purchasing Department along with the Water/Sewer System Maintenance Supervisor
developed the minimum specifications for the two axle truck with Henderson dump body.
The bid specifications are included as Attachment #1 for review. Requests for bids were
sent to eight different construction equipment dealers in Northern California. Two bids
were received with Delta Truck Center the overall Iow bidder at $79,740.38. Refer to the
bid summary table for a complete listing of bid amounts.
Bid Summary Table
Delta Truck Center, French Camp $79,740.38
Bayshore International, Rohnert Park $91,974.24
Northlake Ford-Mercury, Lakeport No bid
East Bay Truck Center, Oakland No bid
Garden State International, San Jose No bid
Western Truck, Redding No bid
Tec Trucks, Oakland No bid
WCE, West Sacramento No bid
Kurtt International Trucks, San Jose No bid
The need for the dump truck was previously identified and $37,000 in account number
698.3948.800.000 and $37,000 in account number 698.3510.800.000 have been reserved
and budgeted for this purchase. Approval of a budget amendment to transfer funds from
the Sewer Department Equipment Replacement Fund (698) to cover an additional amount
of $5,740.38 for sales tax is requested. The total purchase price is $79,740.38.
~][AC4-~tf 1 _
Page 1 of 3
CITY OF UKIAH
SPECIFICATIONS FOR ONE (1) NEW 2006 or 2007 TWO-AXLE
TRUCK WITH DUMP BODY WITH TELESCOPIC HOIST
The City of Ukiah invites bids for furnishing one (1) new 2006 or 2007 Ford 750 Super
Duty two-axle truck or equal with a Henderson Mark-Two 12 foot, 6.2 yd^3 capacity
dump body with telescopic hoist and Pulltarp #210-0235 installed.
The following specifications shall be considered minimum. All deviations from these
specifications shall be described in the bid proposal. There will be no trade-ins involved
in this bid.
Bidder shall, as indicated on the Request for Bid form, state the total price for the new
equipment as specified sales tax, destination charges and any other applicable fees or
charges, FOB the City of Ukiah.
Only proposals from licensed auto dealers (new) will be considered. The City reserves
the right to select and purchase a vehicle directly from the State of California Department
of General Services.
GENERAL INSTRUCTIONS TO BIDDERS
Each bidder shall attach to his bid a complete detailed description of the unit he proposes
to furnish. All equipment catalogued as standard shall be furnished and included in the
purchase price of the unit.
The total price shall include all equipment and accessories. In making its selection, the
City will consider all factors relating to the vehicle including operating performance,
operator comfort, safety, service and parts availability as well as cost.
The vehicle furnished under these specifications is to carry the standard warranty offered
to the general public. A complete detailed description of the standard warranty shall be
provided with the bid.
The City reserves the right to reject any or all bids and to determine which bid, in its
opinion, will best serve the needs and requirements of the City.
The successful bidder shall supply the vehicle fully equipped and ready for service at the
time of delivery. Dealer shall process registration and title transfer for exempt license
plates to the Department of Motor Vehicles on behalf of the City of Ukiah.
Page 2 of 3
SPECIFICATIONS
FORD F-750 SUPER DUTY (or equivalent)
Power Train: · Caterpillar diesel 250 hp
· Allison 3500 series (6) speed automatic transmission RDS series on-off with hot
shift PTO
· G.V.W.R. - 33,000 lbs
· 130 amp alternator/900 cc amp battery (2)
Steering and Suspension:
· Power steering
· Air brakes, Rockwell type, bendix air dryer
· Front and rear leaf springs with HD shocks
· (6) 11R22.5 tires on steel wheels
Cab:
Standard with full instrumentation to include: tachometer, oil pressure gauge,
water temp gauge, volt gauge, low air warning system, warning indicators for oil
pressure, water temperature, and battery. Vinyl faced seat and floor covering.
Steps to lead to cab doors.
Additional Items · Air conditioning
· Electric power tarp system Brand Name Pulltarps part no 210-0235 installed
· One (1) 48" x 18" x 18" Underbody Tool Box mounted to right side behind cab
· Jump start single stud-remote mounted on battery box
Color/Finish:
· Body primed and painted white, floor and sub-frame undersealed
Hoist:
Hydraulic, trunion-mounted, telescopic hoist.
Sufficient capacity for maximum body capacity.
Hitch:
Frame-mounted receiver hitch with two d-rings
6 small pin trailer wiring harness
Legal:
· D.O.T. lights and reflectors
· Rear turn lights installed
· Heavy-duty mud flaps
· Mirrors
· OSHA approved electronic back-up alarm
Page 3 of 3
Dump Body · Henderson Mark-Two cross-memberless dump body with telescopic hoist with
upgrades listed below (No Substitute)
· Box to be same color white as cab
· Capacity to be 6.2 yd^3 struck
· Inside body length of 12 feet
· Cabshield of 16 inches x 84 inches
· ¼ inch AR400 floor in lieu of grade 50
· 6 panel tailgate
· One extra horizontal brace
· Coal chute3/4 inch re-rod tarp rail both sides
· 1 ½ inch grip strut walk rail
· Hose kit
· Direct mount pump in lieu of remote mount
· 1" stage power down
Manuals:
· One (1) set of shop manuals for truck, body, engine, hoist and P.T.O.
AGENDA
SUMMARY
ITEM NO. 7h
DATE: December 6, 2006
REPORT
SUBJECT:
AWARD ACQUISITION OF HALF TON PICKUP TRUCK TO HANSEL
FORD FOR THE DEPARTMENT OF PUBLIC WORKS IN THE AMOUNT
OF $18,177.44 AND AUTHORIZE BUDGET AMENDMENT FOR SAME
USING DEPARTMENT'S EQUIPMENT REPLACEMENT FUNDS
SUMMARY: The City Public Works Department worked with the Pumhasing Department
to obtain bids for the acquisition of a new 2007, half ton pickup truck as a replacement for
City vehicle number 3531, a 1990 Isuzu pickup truck. Vehicle number 3531 is a light duty
vehicle and is not ideal for the kinds of tasks the street maintenance division encounters.
This truck has been used by three different divisions and is now beyond a cost effective
service life for street crew purposes. It will be ideal for the building maintenance division
and transferred once the new truck is purchased. The Community Services Department
intends to utilize this truck for general government building maintenance.
Staff considered an alternative fuel vehicle for purchase. At this time, a specific alternative
fuel half ton pickup truck is not available directly from the dealer. To utilize alternative fuel,
the vehicle would need to be retrofitted to run on CNG or LPG. The retrofit would require a
(continued on page 2)
RECOMMENDED ACTION: Award acquisition of half ton pickup truck to Hansel Ford in
the amount of $18,177.44 for the Department of Public Works and authorize budget
amendment to utilize funds from the Department's Equipment Replacement Fund (Account
No. 698.3110.800.000).
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not award acquisition of half ton pickup
truck. 2. Direct staff to readvertise for bids.
FUNDING:
Amount Budqeted
$ 0
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Account Number
698.3110.800.000
Additional Funds Requested
$18,177.44
N/A
Tim Eriksen, Director of Public Works / City Engineer
Rick Seanor, Deputy Director of Public Works
Candace Horsley, City Manager
Candace Horsley, City I~nager
Award acquisition of half ton pickup truck b3 Hansel Ford for the Depadment of Public Works in the amount of $18,177.44 funded
through the Equipment Replacement Fund budget
December 6, 2006
Page 2
fuel tank to be placed in the bed of the truck thereby reducing the truck's carrying capacity.
The City currently only has access to a "slow-fill" CNG fueling station. Either a 'last-fill"
CNG station or an LPG fueling station would be required to utilize an alternative fueled
vehicle. For these reasons, staff recommends pumhase of a conventional fueled truck.
Twenty one companies received requests for quotations. Three sealed proposal were
received and opened by the Purchasing Agent on November 20, 2006.
The Iow bidder is Hansel Ford of Santa Rosa, CA, which quoted a price of $18,177.44 for a
2007 Ford F-150 half ton pickup truck. With Council's approval, the bid amount of
$18,177.44 will be funded from the Department's Equipment Replacement Fund (698).
Staff recommends award of acquisition of the half ton pickup truck to the lowest bidder,
Hansel Ford.
Tabulation of Quotes - Half Ton Pickup Truck
Company Model Quote
Quoted Amount
Hansel Ford
Santa Rosa, CA
Harper Ford Country
Eureka, CA
Malta Chevrolet
Elk Grove, CA
2007 Ford F-150
2007 Ford F-150
2007 Chevrolet 1500
$18,177.44
$18,304.70
$24,748.38
cc7h halftontruck asr
ITEM NO. 7i
DATE: December 6, 2006
AGENDA
SUMMARY
REPORT
SUBJECT:
AWARD ACQUISITION OF SERVICE TRUCK TO NORTHLAKE FORD-
MERCURY FOR THE DEPARTMENT OF PUBLIC WORKS IN THE
AMOUNT OF$28,881.19ANDAUTHORIZEBUDGETAMENDMENTFOR
SAME USING THE DEPARTMENT'S EQUIPMENT REPLACEMENT
FUNDS
SUMMARY: The City Public Works Department worked with the Purchasing Department
to obtain bids for the acquisition of a new 2007, service truck with utility service body as a
replacement for City vehicle number 3130, a 1992 Ford F-150 truck. Vehicle number 3130
was originally purchased as a used vehicle for the landfill. The transmission for this vehicle
has failed. The truck is beyond cost effective service and is due for replacement.
Staff considered an alternative fuel vehicle for purchase. At this time, a specific altemative
service truck is not available directly from the dealer. To utilize alternative fuel, the vehicle
would need to be retrofitted to run on CNG or LPG. The retrofit would require a fuel tank to
be placed in the bed of the truck thereby reducing the truck's carrying capacity. The City
currently only has access to a "slow-fill" CNG fueling station. Either a 'Vast-fill" CNG station
or an LPG fueling station would be required to utilize an alternative fueled vehicle. For
these reasons, staff recommends purchase of a conventional fueled truck.
(continued on page 2)
RECOMMENDED ACTION: Award acquisition of service truck with utility service body to
Northlake Ford-Mercury in the amount of $28,881.19 for the Department of Public Works
and authorize budget amendment to utilize funds from the Department's Equipment
Replacement Fund (Account No. 698.3110.800.000).
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not award acquisition of service truck.
2. Direct staff to readvertise for bids.
FUNDING: Amount Budqeted Account Number Additional Funds Requested
$ 0 698.3110.800.000
$28,881.19
Requested by:
Tim Eriksen, Director of Public Works / City Engineer
Prepared by:
Coordinated with:
Attachments:
Rick Seanor, Deputy Director of Public Works
Candace Horsley, City Manager
None
APPROVED: (~
Candace Horsley, City ~nager
Award acquisition of service truck to Northlake Ford-Mercury for the Department of Public Works in the amount of $28,881,19 funded
through the Equipment Replacement Fund budget
December 6, 2006
Page 2
Thirteen companies received requests for quotations. Two sealed proposal were received
and opened by the Purchasing Agent on November 20, 2006.
The Iow bidder is Northlake Ford-Memury of Lakeport, CA, which quoted a price of
$28,881.19 for a 2007 Ford F-350 service truck. The bid amount of $28,881.19 will be
funded from the Equipment Replacement Fund (698). Staff recommends award of
acquisition of the service truck with utility service body to the lowest bidder, Northlake Ford-
Mercury.
Tabulation of Quotes - Service Truck
Company Model Quote
Quoted Amount
Northlake Ford-Mercury
Lakeport, CA
2007 Ford F-350
$28,881.19
Maita Chevrolet
Elk Grove, CA
2007 Chevrolet C2500
$34,088.15
cc7i servicetruck asr
ITEM NO. 7i
DATE: December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH SOUTH UKIAH LITTLE LEAGUE FOR A
PORTION OF THE RIVERSIDE PARK PROPERTY
The City of Ukiah has leased a portion of the property within the future Riverside Park
site to the South Ukiah Little League for $1.00 per year since April 1984. The current
five year lease has expired and the group has requested a renewal for an additional five
years. The site occupied by the South Ukiah Little League is located to the southeast of
East Gobbi St. and the west of the Russian River. Staff does not anticipate any conflict
with future park development as the Little League fields are included in the conceptual
plan for Riverside Park.
The proposed lease continues similar terms and conditions of the current lease, with the
additional clause providing for the City of Ukiah to be identified as a sponsor of the
program at the site. The draft lease agreement is included as Attachment #1 for review.
Staff has met with representatives of South Ukiah Little League and they are amenable
to the proposed agreement. Staff believes the continued use of the property for this
purpose is beneficial to the public and recommends approval of the lease as proposed.
RECOMMENDED ACTION: Authorized the City Manager to execute a lease agreement
with South Ukiah Little League for a portion of the Riverside Park Property.
ALTERNATIVE COUNCIL POLICY OPTIONS: Determine the lease agreement with
South Ukiah Little League is not appropriate and remand to staff with direction.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
South Ukiah Little League
Maya Simerson, Community Services Supervisor
Candace Horsley, City Manager and Sage Sangiacomo,
Community/General Services Director
Proposed Lease Agreement with South Ukiah Little League
APPROVE~cA .~~~
Candace er
Horsley, City
Attachment #1
LEASE AGREEMENT
This Lease, made this day of ,2006, by and between the
City of Ukiah, State of California, acting by and through its City Council, hereinafter referred
to as "Lessor" and the South Ukiah Little League, a corporation organized and existing un-
der and in compliance with the laws of the State of California and its officers, hereinafter
referred to as "Lessee."
RECITALS:
1. Lessor has the authority contained in Government Code {{37380 and 37395 and
does determine that the use of certain property owned by the Lessor is not required for its
use at this time and is available for Lease, and
2. The use of said property by the Lessee would be and is beneficial for the citizens
of the City of Ukiah.
LEASE AGREEMENT
1. LEASE.
The parties hereto agree that on the terms and conditions hereinafter expressed,
Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of
that certain parcel of property commonly referred to as "Riverside Park", located on City
property to the Southeast of East Gobbi Street (Levaggi Lane), County of Mendocino and
West of the Russian River, more specifically described on the attached "Exhibit A".
2. TERM.
The term of this Lease is for a period of one (1) year commencing on the date set
forth above, with the option for four, one year, renewals.
3. RENT.
As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of
One Dollar ($1.00) per year and identify Lessor as a sponsor of Lessee's program in
consideration hereof for the use of said property.
3.1. Lessee specifically represents that it does not intend to make a profit on
the use of the leased premises. All income derived from use of the leased premises shall
be used exclusively to sponsor or promote Little League Baseball on the leased premises
or for improvements to the leased premises.
3.2 Lessee shall maintain regular books of account which it shall make
available to Lessor upon demand for inspection or audit.
3.3 Lessee agrees to provide signage in a location of visibility on the leased
premises which identifies Lessor as a sponsor of the South Ukiah Little League Program.
4. USE AND IMPROVEMENTS.
Lessee hereby agrees to install all permanent improvements which shall become
part of said property and title to said improvements shall be vested in the Lessor upon
termination of this Lease except as set forth herein.
4.1. Lessee shall use the leased premises exclusively as a Little League
Baseball field under the Lessee's sponsorship and supervision.
4.2. Improvements, excavations, removal of any trees, brush, grass or
improvements and other modifications to the property shall be the sole responsibility of
Lessee and shall be approved by Lessor prior to conducting work.
4.3. Prior to beginning baseball activities on the premises, Lessee shall install
and maintain sound reduction materials to the backstop at the approval of Lessor and
provide for at least one port-o-let sanitary station to be placed on the premises during
baseball season.
4.4. Lessee agrees to keep the premises and all improvements in good repair
and order and to bear the full cost for maintenance of all improvements.
4.5. Lessee shall acquire the necessary and required permits from the
appropriate regulating body for any development proposed under this lease.
4.6. Lessee is responsible for the relocation, alteration, removal,
construction, reconstruction of any municipal or private facilities, structures or utilities
existing on leased premises which are presently in use or abandoned.
4.7. Lessee shall insure that no alcoholic beverages are possessed or
consumed on the leased premises at any time. Lessee shall not use or permit the leased
premises to be used except in full compliance with all rules, regulations, laws or ordinances
of the City of Ukiah and the State of California.
4.8. Lessee shall bear sole responsibility for the cost of all utilities and any
possessory interest tax which may result due to Lessees occupancy of the property.
4.9. Lessee agrees to allow use and access to the leased premises during
the lessee's non-use times to Lessor for the purpose of Lessor's recreation programs.
Lessee shall not permit use of the property for any reason after the hour of 10:00 p.m.
Lessee shall not permit vehicles to park on the premises between the hours of 10:00 p.m.
and 8:00 a.m., and shall properly post the premises in accordance with Vehicle Code
requirements.
5. ASSIGNMENT.
Lessee will not assign this Lease or any interest therein and will not let or underlet
the said premises or any part thereof without the prior written consent of the Lessor.
6. INDEMNIFICATION AND INSURANCE.
6.1. Lessor shall not be liable for and is free from the cost of any damages
for personal injury or property damage resulting from the use made by Lessee of the
demised premises, any defective condition or faulty construction of the demised premises
existing at the time of letting or arising thereafter and Lessee covenants and agrees to
indemnify and save harmless said Lessor and its officers, agents and employees from and
against any and all liability, loss, cost, or other obligation, including reasonable attorney's
fee, on account of or arising out of any such injuries or losses however occurring.
6.2. Lessee covenants and agrees during the life of this Lease at Lessee's
sole expense to comply with the requirements of Exhibit B, Insurance Requirements for
Lessees (No Auto Risks), attached hereto and incorporated herein by reference.
6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure
workmen's compensation insurance, Lessee need not procure such insurance provided all
of the following conditions are met:
a. It maintains its status as a non-profit tax exempt organization;
b. It's Board of Directors takes no action to designate any person
providing services or work to the organization as its employee; and
c. All persons performing services for the organization do so strictly as
volunteers without receiving any compensation whatsoever.
Lessee shall immediately notify Lessor if it fails to meet all of the conditions of
this paragraph 6.3 and shall immediately thereafter comply with the workmen's
compensation provisions of Exhibit B.
.®
-®
AGENDA
SUMMARY
ITEM NO. 7k
DATE: December 6, 2006
REPORT
SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
LEASE AGREEMENT WITH ASTRO BUSINESS TECHNOLOGIES FOR TWO COPY
MACHINES FOR THE CITY OF UKIAH ADMINISTRATIVE OFFICES AND APPROVE
A BUDGET AMENDMENT IN THE AMOUNT OF $5,069.
The administrative offices at the City of Ukiah need two replacement copy machines. One
machine will reside in each building and be networked for employees to use directly from
their desktops. The new copiers will include multiple functions that will increase efficiency
including scan to email, desktop printing and faxing, three hole punch, and color copies. In
accordance with City of Ukiah pumhasing policies, Requests For Bids (RFB) sheets were
sent out to all qualified bidders. The RFB which includes the minimum requirements of
each machine is included as Attachment #1 for review.
Bids were returned by six regional vendors. However, two of the vendors were not able to
comply with our requested requirements and were omitted from consideration. The
following chart summarizes the monthly lease and maintenance costs from the four
qualified responses with Astro Business Technologies submitting the lowest cost of $576
per month per machine based upon a print load of 10,000 copies (70% grayscale). The
cost for each machine is based upon a set monthly lease rate plus a per copy maintenance
fee that includes toner. Continued on Page 2
RECOMMENDED ACTION: Authorize the City Manager to negotiate and execute a
lease agreement with Astro Business Technologies for two copy machines for the City
of Ukiah Administrative Offices and approve a budget amendment in the amount of
$5,069.
ALTERNATIVE COUNCIL POLICY OPTIONS: Determine lease with Astro Business
Technologies is not appropriate and select another vendor or remand to staff with direction.
FUNDING:
Amount Budqeted Account Number Additional Funds Requested
100.1915.250.000
$5,069
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Maya Simerson, Community Services Supervisor, and
Sage Sangiacomo, Community/General Services Director
Candace Horsley, City Manager and Mary Horger, Purchasing
Supervisor
1. Request for Quotation for Copy Machines
Ap PROVED! ~~5~t'~
Candace Ho-rsiey, Cit~,lanager
Bid Summary Table
Vendor Monthly Maintenanc~ Cost Estimated Cost Per Month (Based
Lease Grayscale/Color On 10,000 Copies per month)
Astro Business Tech $326.32 $.010 / $.06 $576.32
Oce Imagistics $303.34 $.055 / $ .07 $898.34
MBA Toshiba $319.00 $.008 / $.08 $615.00
Adv. Xerographics $370.51 $.009 / $.089 $706.81
Upon receipt of the bids, staff contacted the two lowest qualified vendors (Astro Business
Technologies and MBA Toshiba) and requested demo units. Each vendor supplied a unit
for the City to test at no cost. While both units performed well, the Astro Business
Technologies machine includes a hole punch function and was slightly faster. A reference
check of the customers currently using Astro Business Technologies returned favorable
remarks with regard to equipment and customer service.
Additional benefits of leasing these two copiers, especially in the Annex, include the
reduced use or elimination of personal workstation printers and the associated supply and
maintenance charges associated with them. For example, the Recreation Division will be
able to use the new machine for all their printing requirements and therefore do not need to
replace the Division's existing HP printer that is currently at the end of it's service life, with
a replacement cost of $3,000.
Given the tested performance and the overall lower bid, staff recommends executing a
lease agreement with Astro Business Technologies. The lease term is for 36 months, with
zero down, and zero interest plus the monthly service agreement. Benefits of leasing, as
opposed to purchasing, the machines include the option to cancel the lease for non-
performance, and the option to upgrade to new technology at the end of the lease.
Staff is also recommending the addition of two upgrades to the original requested
specifications including increase paper storage capacity for both machines and one
machine with the booklet insert function. The final base lease price for the machine with
the booklet and increase paper storage capacity option will be $376.19 per month (plus
tax) and the other machine with just the increased storage capacity option will be $347.89
per month (plus tax).
The monthly lease cost for the two machines will be charged to the General Government
Buildings account 100.1915.250.000 with is a reimbursable account with costs allocated to
each City Department. The maintenance cost which includes toner will be allocated to
each Department based on their actual use of the machine charged at a per copy price. A
budget amendment to the 100.1915.250.00 in the amount of $5,069 is needed to cover the
cost for Fiscal Year 06/07.
Attachment #1
REQUEST FOR BID #E27184
TWO (2) NEW COPY MACHINES
The City of Ukiah invites bids for two (2) new copy machines for the City of Ukiah administrative offices.
The following specifications shall be considered minimum, however, bidders who feel they can supply a comparable machine that
does not fully meet the detailed specifications are encouraged to submit bids. All deviations from these specifications shall be
described in the bid proposal. The City reserves the right to reject any or all bids and to determine which bid, in its opinion, will best
serve the needs and requirements of the City. Right is reserved to accept separate items unless specifically denied by bidder. Right
is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City. In case of default, the City of
Ukiah may procure the equipment quoted on from other sources and hold the original bidder liabte for any increased costs. The price,
terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid.
Bids will be received until 1:30 P.M., September 25t~, 2006 at the office of the Purchasing Agent, Atln: Mary Horger, at 411 West
Clay Street, Ukiah, CA 95482, at which time all bids will be opened. Fax copies of bids will also be accepted, and can be sent to fax
number (707) 463-6234.
Eauicment Description
The City of Ukiah is seeking bids for two (2) copy machines. In short, we require two machines that will provide the following:
· Minimum of 25,000 copies per month
· Stapler
· Security Codes
· Automatic Document Feeder
· Collator and sorter
· Accommodate paper weights from 17 lb. to 110 lb.
· Minimum of 45 copies per minute
· Network Pdnter
· 30-day trial period (If after 30 days, the City of Ukiah is dissatisfied with the
performance of the machine, the City of Ukiah reserves the right to return the machine
at no additional cost to the City, and without any obligation of paying the agreed upon
purchase price.)
· ALL COPIERS SHALL BE CAPABLE OF OPERATING SATISFACTORILY USING
RECYCLED PAPER.
ADDITIONAL OPTIONS FOR ONE MACHINE:
· Accommodate paper size up to 11. x 17"
· Faxing capabilities
· Scanning capabilities
COLOR COPIER OPTION: Please provide an optional bid for a copier that meets the requirements as listed above, but has the
ability to make COLOR copies.
If you can offer the copier on a lease, please describe the length of the rental contract, and what the charge per copy would be,
including all costs (supplies and maintenance- excluding paper). Please note: the City will only be willing to look at a maximum of a
three (3) year lease.
Trade-In Option
The City of Ukiah currently has in its possession one (1) I magistics DL-250, Serial Number 94863. The City would he willing to look at
trading in this machine towards the purchase of a new copier.
Maintenance of Eauioment
All maintenance is to be performed by contractor during the regular working hours of 8 a.m. and 5 p.m., Monday through Friday.
Service calls to be responded to within four (4) hours after the call is placed. The contractor will bear the cost of all maintenance,
including labor, parts, test copies, travel time, mileage, and other expenses required to keep the equipment in good condition.
Contractor will be expected to keep the equipment in good working order. This includes regular scheduled maintenance, as well as
remedial maintenance performed in a timely manner.
Bid Due Date
Bids will be received until 1: 30 p.m. on September 25th, 2006 at The Office of the Purchasing Agent, Attn: Mary Horger, 411
West Clay Street, Ukiah, CA 95482, at which time all bids will be opened, Fax copies will be accepted, and may be sent to
(707) 463-6234. It will be the sole responsibility of the Vendor to have their bids delivered to the City before the closing hour and
date. Late bids will not be considered and will be returned unopened to the sender. Questions concerning the specification on
this bid may be directed to: Mary Horger, Purchasing Agent, (707) 463-6233.
BTD SHEET
(Please provide ~epara~e bid $~eet for each copier.)
Company Name:
Signature: Date:
Contact Person:
Phone Number:
FEATURES
Model Name/Number
Digital (Yes/No)
Copies per minute
Recommended copies per month
Automatic document feeder (Yes/No)
Pal~er weiqhts (Maximum)
Paper storage capacity
Security (Access codes? Quantity?)
Mixed Oriqinals Option (Yes/No)
Collator (Capacity)
Stapler (Yes/Nor Capacity)
Network Printer (Yes/No)
Automatic duplex (Yes/No)
Memory (Number of jobs)
Zoom (Minimum/Maximum)
Photo mode (Yes/No)
Paper size capability
Equipment dimensions
Color Copying? (Yes/No)
Faxing Capability? (Yes/No)
Outright purchase price before tax (FOB
UK~H):
LESS TRADE-TN VALUE (Zf applicable):
zf purchased; annual maintenance costs:
Lease option available? If so, explain in detail,
monthly co,cs, plus buy-out amount; include all
supply costs and maintenance fees, etc., per
copy. (Use separate sheet if necessary.)
Please note: Will only be willing to look
at a maximum of 3 year lease.
Are maintenance costs fixed? If not, at what
increment does it increase? Any additional
cost for overages?
Any other costs not included above such as
network connecting? (Use separate sheet if
necessary.)
Other options? (Please explain. Use separate
DETA~I.~
sheet if necessary.)
Explanation of guarantee.
Average time to respond to service calls.
ALL PRICES LISTED ABOVE ARE TO BE F.O.B. UKIAH.
REOUIRED DATA
REFERENCES
1. COMPANYNAME:
CONTACT:
ADDRESS:.
PHONE
Model of Copier Sold, Date of Sale
2. COMPANY NAME:
CONTACT
ADDRESS
PHONE:
3. COMPANY NAME:
CONTACT:
ADDRESS
PHONE:
4. COMPANYNAME:
CONTACT:.
ADDRESS:
PHONE:
ITEM NO. 71
DATE: December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO COUNCIL REGARDING THE PURCHASE OF
PROFESSIONAL SERVICES FROM RRM DESIGN GROUP FOR GRANT WRITING
TECHNICAL ASSISTANCE FOR THE PROPOSITION 50 CALIFORNIA RIVER
PARKWAYS COMPETITIVE GRANT PROGRAM APPLICATION FOR THE RIVERSIDE
PARK DEVELOPMENT PROJECT IN THE AMOUNT OF $10,000.
Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the
City Council this report regarding the purchase of professional services from RRM Design
Group for grant writing technical assistance in the amount of $10,000. Council previously
authorized the submittal of a grant application for the development of Riverside Park to the
Proposition 50 California River Parkways Competitive Grant Program administered by the
California Resources Agency. Council allocated up to $15,000 to be used for technical
grant writing assistance from the Project Reserve Fund (699.260.015).
RRM Design Group was selected to pedorm the necessary grant application work based
on their past experience with the development of the conceptual plan for Riverside Park
and their past work experience on similar projects.
A completed application was submitted by the October 17th deadline to the California
Resource Agency and the City awaits notification of the grant awardees.
RECOMMENDED ACTION:
1. Receive report regarding the purchase of professional services from RRM Design
Group for grant writing technical assistance in the amount of $10,000.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A
Amount Budgeted
$15,000
Account Number
699.260.015
Additional Funds Requested
N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Maya Simerson, Community Services Supervisor, and
Sage Sangiacomo, Community Services Director
Candace Horsley, City Manager & Mary Horger, Pumhasing Agent
N/A
APPROVED.~ ~__,~. ~~.
Candace Horsley, City Managek,,k
AGENDA
ITEM NO: 10a
MEETING DATE: December 6, 2006
SUMMARY REPORT
SUBJECT: DETERMINATION OF PROCESS FOR APPOINTMENT OF MAYOR
AND VICE MAYOR: APPOINTMENT OF MAYOR AND VICE MAYOR
Council discussed various scenarios for the selection process of the Mayor in August of
2006. This was initiated as the electorate had approved going from an elected Mayor to
an appointed Mayor from one of the five elected Council members.
Attached for Council's information is the brief staff report that was submitted for the
August discussion. Historically, the Mayor was selected on a rotational basis annually
with approval by a majority of all Councilmembers. Staff is requesting that the Council
determine an appropriate process for the selection of Mayor and Vice-Mayor and then
appoint at this time so that the Mayor may preside over the meeting.
RECOMMENDED ACTION: Approve Mayor appointment process; select Mayor
and Vice Mayor,
ALTERNATIVE COUNCIL POLICY OPTIONS:
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
City Council
Candace Horsley, City Manager
Dave Rapport, City Attorney
1. August 28, 2006 Agenda Summary Report
Approved:
Candace Horsley, City ~anager
Aftachment # /
AGENDA
ITEM NO: 4b
MEETING DATE: August 28~ 2006
SUMMARY REPORT
SUBJECT: DISCUSSION OF MAYOR SELECTION PROCESS
In June, the electorate voted to elect five City Council members rather than four Council
members and a Mayor. The Council now needs to consider a process for the
appointment of a Mayor by the other City Council members. Historically, before the City
of Ukiah Mayor was elected, a City Council member nominated another Council
member for the positions of Mayor and Vice Mayor and the entire City Council voted on
those nominations. The County Board of Supervisors (BOS) utilizes an informal rotation
process where each district is usually given the opportunity to be the Chair for the
Board. A Board member nominates a Supervisor from another distdct and the entire
Board votes on that nomination. Sometimes the nominations do not follow the normal
pattern of going through a rotation of the districts, depending on circumstances. A
Board member must have served on the Board for at least one year, immediately prior
to being considered for the Chair.
The Council should discuss how they want to nominate and select a Mayor once the
November election is complete. The process will be included in the Procedures of
Conduct for the City Council.
RECOMMENDED ACTION: Discuss and provide direction to staff
ALTERNATIVE COUNCIL POLICY OPTIONS:
Citizens Advised:
Requested by:
Prepared by: Candace Horsley, City Manager
Coordinated with:
Attachments:
Approved:
Candace Horsley, City Manager
AGENDA
TI'EM NO: 10b
DATE: December 6, 2006
SUMMARY REPORT
SUB3ECT:
RECEIVE STATUS REPORT CONCERNTNG SIGN ORDINANCE
ENFORCEMENT ACTIVTTZES AND PROVI'DE DIRECTION TO STAFF
SUMMARY: Over the past seven months, Staff has provided monthly sign violation enforcement
status reports to the City Council. This monthly report includes a discussion of the current sign
violation cases Staff is working on (Attachment No. 1) and a discussion of alternatives for citations
and fines. Attachment No. 1 has been revised to provide more information about the timing and
nature of interactions with property owners. The last version did not include this information and it
appeared that no work had been accomplished on these violations, which was not the case.
Current Cases: During the month of November, the Code Compliance Coordinator had 53 open
sign enforcement cases. Of those 53 cases, 19 came into compliance and 9 have until December 2®
to comply. A number of others are pursuing either permanent or temporary (special event banners)
signs. Of the 10 abandoned sign cases, I has complied, a number are exploring options for
removing the signs or reusing them with a new business, and in 3 cases, contact with the property
owner has been problematic. While a number of the A-frame sign cases have been resolved, the
enforcement process has raised issues that deserve discussion.
A-Frame Siqns: 10 of the 26 A-flame sign cases have been resolved by working with the property
owner or business manager to place the sign outside of the public right-of-way, ensure nightly
removal, etc. 13 of the others have been given until December 2® to comply, and Staff is been
attempting to contact the owner/manager on the remaining 3 cases.
(continued on page 2)
RECOMMENDED A~,'xON: Receive report and provide direction to Staff.
ALTERNAI~VE COUNCIL POLICY OPTION: N/A
Citizen Advised: N/A
Requested by: City Council
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager and Chris White, Code Compliance Coordinator
Attachments:
1. List of Sign Enforcement Cases
2. Sections 3236 (Penalties for Violations) and 452 (Authority to Arrest and
Issue Citations)
APPROVED:
Candace Horsley, City Mar~ager
1
In some cases along State and School Streets, there are no options for placing the sign outside of
the public right-of-way because the right-of-way extends to the face of the buildings. While the
option of securing an Encroachment Permit has been available in the past, it has raised the following
issues with the current Public Works Staff, who are responsible for reviewing and issuing these
permits:
Encroachment Permits are typically issued for construction activities in the public right-of-
way or temporary obstructions such as construction debris boxes. Accordingly, the permit
form and insurance requirements are designed for these types of situations. The permit
forms must be reviewed and revised to reflect encroachments other than temporary
construction activities and obstructions, and an analysis of the fees needs to be undertaken.
The Public Works Department must determine what information it needs to understand and
review an Encroachment Permit proposal for an A-frame sign, temporary display devise, etc.
(site plan, sketch of sign, etc.).
To secure an Encroachment Permit, an applicant must have a I million dollar liability
insurance policy. While this may be routine for a construction company, it may be a
hardship for a small local business. The insurance requirements must be reviewed and
possibly revised to reflect encroachments other than temporary construction activities and
obstructions.
Encroachment Permits are typically issued for a temporary activity (construction project). Tf
it is issued for a permanent activity such as the placement of an A-frame sign in the right-of-
way, Staff will be required to monitor the insurance coverage to make sure that it remains
valid and up-to-date.
The placement of the A-frame signs will need routine monitoring to ensure that they are not
obstructing the path of travel for pedestrians, wheelchairs, etc. or conflicting with parking
spaces.
To ensure fair and equitable enforcement, Encroachment Permits must also be required for
the temporary display of retail merchandise, newspaper racks, outdoor dining, and other
items if located within the public right-of-way.
Planning and Public Works Staff have met and discussed these issues, and looks forward to a
broader discussion with the Council and business community.
Citations and Fines
The Council asked Staff to develop alternatives for citations and fines for violators refusing to comply
and for property owners who chronically violate the regulations. The current sign ordinance
contains a section regarding "penalties for violations (Attachment No. 2)." Violating the sign
regulations is a misdemeanor and punishable by a fine of up to $500.00 and/or imprisonment for up
to six month.
One alternative to the current penalty system is to enforce the sign code with an infraction and
citation procedure. The Ukiah City Code was amended in 1993 (Section 452) to provide the Code
Enforcement Officer with the authority to issue citations when the violations are declared infractions
or misdemeanors. If a property owner does not bring a sign into compliance after two
visits/warnings, the Code Compliance Coordinator can issue a citation that would include a date for
the violator to appear in court. The Code Compliance Coordinator would attend the court hearing,
and the judge would ultimately decide whether an infraction has occurred, and if so, the amount of
the fine.
Another alternative would be to enforce the sign regulations with a civil fine procedure. This would
involve an administrative process of delivering a notice of violation to the violator and taking the
matter to small claims court.
The City Attorney and Staff are prepared to discuss alternatives for citations and fines at the
December 6, 2006 meeting.
RECOI~II~IENDED Ac'rzON-' Receive report and provide direction to Staff.
0
' O ; i L.~ ~ ~"
' i i ' i E - o _~
m m E E o o~ o_ E ~ ¢> c E ~ P
> > p ¢~ cc ~_ E .- o "~°
o o o_ 'c :~ '~
.... ~-- - o_ ~ ~ o @ ~
.... -- m ~ E c ~ ~ ~ >
~ °, c ._ ~ o <
c~ ._ ~ m = c c c c c c c .- c c c c
~ o >~ ~ -~ g > · 8 8'° ~ = = ~ h~ E ....
: C C C C) C) C' (O 0 0 (O C) (O o 0 ~ ~ eo
=E o °o ~ m m m ~ ~ ~ ~ ~ :~ ~ ~ ~ = ~o o o o o
~_ o o '~ · 8 ~ o ~6 o '~ ~ ~ ~ ~ ~ ,~ ~ ~ ~ 'o '~ 'o ~
~ ~-. 0 0 0 0 _l _~ .J _l _l .J _J ._l .J > > >
>.
i ¢ ,- .-
~; oO g goO g goO oO g g g goO o o o o o o o o o o o o
,~ ~ ~ ~ ~ ~ ~ ~ ~ <~ ~ o o o o o o o o o o E E E E E
~o rn n', m m m m rn ~O ~ < < < < < < < < < < < < < <
> > > > > > > > > > > > > > > > > > > > > > > >
0
~ ~ ~ > ~ o ~ ~ ~ ~ .- ~
~ ~'=~ E EE m~ ~c~
> ~ > ~ o ~ ~ ~ E ~
§ ~ ~ ~ ~ ° ~ * ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ° o ~ .=
o = =>o~o= = ~
................................ = = = = = = = = = = = = = = === = = ==~
o o o o o o o o o o o o o o o o ~ ~ - '~ ~ ~ = ~ ·
ooooooooooooooo~_
=====================
o o ooo oooooo o oooo
'S '~ '~ '~ '~ '~ 'S '~ '~ '~ '~ '~ '~ '~ '~ '~ '~ ~ ~ 2
E E E E E E E E E E E E E E E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
>>>>~g>>>>>>>>>>>>>>>> >>
0
Attachment 2
3236: PENALTIES FOR VIOLATION:
Any person, firm or corporation violating any of the provisions of this Chapter
shall be guilty of a misdemeanor and upon conviction thereof shall be punishable
by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a
period of not more than six (6) months, or by both such fine and imprisonment.
(Ord. 756, §2, adopted 1981; amd. by Ord. 822, §1, adopted 1983)
452: AUTHORITY TO ARREST AND ISSUE CITATIONS:
The Building Official and/or the Code Enforcement Officer is hereby authorized
pursuant to Penal Code Section 836.5 to issue citations for violation of the codes
and ordinances the Building Official and/or Code Enforcement Official is
authorized to enforce, when such violations are declared infractions or
misdemeanors, as authorized in chapter 5, title 3, part 2 of the California Penal
Code, commencing with section 853.5, and to exercise the powers of arrest for
such violations as specifically authorized by Penal Code section 836.5. (Ord.
907, §1, adopted 1990; amd. Ord. 941, §1, adopted 1993)
AGENDA SUMMARY
:[-I'EM NO: zo¢
DATE: December 6, 2006
REPORT
SUB3ECT:
DZSCUSSZON OF CODE COMPLZANCE PROGRAM AND REVZEW OF
SELECTED REGULAT[ONS
SUMMARY: The City Council recently discussed the code compliance program and the City's ability
to enforce the provisions of the Ukiah City Code. The Council directed Staff to agendize a
subsequent discussion of a select number of ordinances/regulations to determine the City's code
enforcement capacity. To guide this discussion, Staff has selected five ordinances or sets of
regulations from the City Code. The purpose of this Agenda item is to review these regulations,
determine their intent, determine Staff's ability to enforce them, and discuss ways to measure or
evaluate the success of enforcement.
The regulations selected for discussion are the most frequently used and/or important for the
public's health, safety, and general welfare. 1) Abandoned Vehicle Removal; 2) Removal of
Encroachments from the Public Right of Way; 3) Abatement of Unsafe or Dilapidated Buildings; 4)
Garbage, Rubbish and other Refuse; and 5) Commercial Property Maintenance Ordinance.
(continued on page 2)
RECOMMENDED ACT]ON: Review Ukiah City Code regulations, discuss their intent and the City's
ability to enforce, and provide direction to Staff.
ALTERNAT[VE COUNCTL POLTCY OPT[ON: Do not review and discuss regulations and provide
alternative direction to Staff.
Citizen Advised: N/A
Requested by: City Council
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager, David Rapport, City Attorney, and Chris White,
Code Compliance Coordinator
Attachments:
1.
2.
Abandoned Vehicle Removal: City Code Sections 7600-7614
Removal of Encroachments From the Public Right of Way: City Code
Sections 5600-5604
Abatement of Unsafe or Dilapidated Buildings: City Code Sections 3300-3310
Garbage, Rubbish and other Refuse: City Code Sections 4400-4425
Private Commercially Zoned Property Maintenance: City Code Sections 3400-
3425.
1
Candace Horsley, City Manage~
Abandoned Vehicle Removal Ordinance
This ordinance declares that the accumulation and storage of abandoned, wrecked, dismantled or
inoperative vehicles or parts of vehicles on private property to be a public nuisance and may be
abated by the City. The intent is to preclude conditions that reduce the value of private property
and to eliminate public health and safety hazards.
The City typically enforces this ordinance when a citizen calls to report an inoperable vehicle or more
commonly, the storage of car parts and associated material in plain view from the street. A recent
case in the Wagonseller neighborhood involved the Code Compliance Coordinator and City Police
Department, who worked with the property owner to correct the violation. The Code Compliance
Coordinator is currenUy working on another case that began as a junk and debris violation, but
evolved to include inoperable and junked vehicles. This case was initiated by a concerned neighbor.
Staff is able to enforce this ordinance when a violation is identified by a concerned citizen or by Staff
when working in the field. Tf a program is developed that involves proactively searching for junked
and inoperable vehicles, the Code Compliance Coordinator would need assistance to perform this
duty and maintain his overall caseload. Success of such a program could be measured by the
number of case identified, the number of cases resolved, the effectiveness of providing education
material, and the number of reoccurring cases.
Removal of Encroachments from the Public Rioht of Way
These regulations prohibit structures or objects from being placed, without the authority of law, in
the public right-of-way. The regulations allow the City to remove the encroachment if the person
responsible for the encroachment does not remove it after being notified by the City. The intent of
the regulations is to eliminate safety hazards along public easements, sidewalks, drainages, and
streets.
The most common encroachment violations involve portable basketball hoops, A-frame signs, and
vehicles parked over the sidewalk. The City has initiated a basketball hoop program in the past
because of concerns expressed by citizens as well as by the solid waste hauler. The program was
regarded as successful because it resulted in over 40 portable basketball hoops being removed from
streets or sidewalks.
The Code Compliance Coordinator is currently working with property owners and businesses that
place A-frame signs in the public right-of-way. Most of the violations occurred because business
owners were unaware of the regulations. Once notified, many are either placing the sign outside of
the right-of-way or seeking permission to allow them to be placed in the right-of-way. Success of
this enforcement effort will be measured by how many of the identified violations are corrected, how
successful our educational efforts are, and how many future violation cases arise.
Abatement of Unsafe or Dilauidated Buildinas
These regulations allow the City to declare a building that is structurally damaged, dilapidated by
neglect, decay or old age, has become a fire menace or dangerous to human life as unsafe and a
nuisance. The intent is to protect the public's health and safety.
2
The City has typically enforced these regulations when notified of an unsafe building. This
notification has been provided by citizens, as well as the Fire Department after a fire event. If a
program was developed to routinely tour the City and search for damaged and dilapidated buildings,
the Building Tnspector and Code Compliance Coordinator would need assistance to perform this duty
and maintain their overall workloads. Success of such a program could be measured by how many
of the identified buildings were demolished or restored.
Garbaqe, Rubbish and Other Refuse
These regulations prohibit the accumulation of garbage, rubbish and refuse on public or private
property unless kept in secure garbage receptacles. The purpose is to protect the public's health
and safety.
The City typically enforces these regulations when notified of potential violations. It is one of the
most common concerns expressed by citizens about situations in their neighborhoods. The majority
of these cases are immediately corrected by property owners when notified of the violation. The
cases that take longer involve large accumulations of rubbish and junk. If a program was
developed to routinely tour the City and search for accumulations of garbage and rubbish, the Code
Compliance Coordinator would need assistance to perform this duty and maintain his overall
workload. Success of such a program could be measured by how many of the identified violations
were cleaned up and how fast the violations were corrected.
Private (;:pmmerciallv Zoned Property Maintenance
These regulations were adopted in 2002 and intended to further the City's goal of promoting the
health, safety, and general welfare of the public. The purpose of the regulations is to provide a fair
and practical method of required repairs, renovations, and the clean-up of commercial property that
is deemed to have dangerous, unsanitary, and offensive conditions. The regulations include
definitions of 32 situations that constitute a violation and the procedures for correcting them.
Recent violation cases include commercially zoned properties on North State Street, Perry Street,
and two cases on Talmage Road. These cases were the result of concerns expressed by citizens.
The City has not instituted a program of routinely visiting commercially zoned properties to
determine if any violations of this ordinance exist. It uses the ordinance as an educational tool
when violations are reported and verified or when they are observed in the field by Staff.
If a program was developed to inspect all commercially zoned property to determine if violations
exist, the Code Compliance Coordinator would need assistance to perform this duty and maintain his
overall workload. Success of such a program could be measured by completing inspections of all
commercially zoned properties, the number of violations that were corrected, the ability to explain
the regulations to property owners in an educational and meaningful way, and a lack of reoccurring
violations in the future.
CONCLUSION: The Council directed Staff to bring a sampling of regulations forward for a
discussion of their purpose and intent, the ability for Staff to enforce them, and how the success of
enforcement is measured. The basic purpose of most regulations is tied to the health and safety of
the general public, and the City has historically relied on concerned citizens to alert them to
unhealthy or unsafe conditions in their neighborhoods rather than developing a program involving
proactively inspecting properties for possible violations. The City Staff have also identified violations
in the past when working in the field, particularly those involving significant threats to the health
and safety of citizens.
3
The Code Compliance Coordinator is very busy with citizen generated code violation cases as well as
with the City initiated sign enforcement program. We are currently exploring options for providing
assistance to the Code Compliance Coordinator including the possible use of existing City Staff.
If the Council would like to pursue a more proactive approach to all code enforcement, Staff could
help define the approach and evaluate potential staffing and resource needs.
RECOI~MENDA'I-~ON: Review Ukiah City Code regulations, discuss their intent and the City's
ability to enforce, and provide direction to Staff.
4
ATTACHMENT /
7600: TITLE:
This Chapter shall be known as the ABANDONED VEHICLE REMOVAL ORDINANCE OF THE
CITY. (Ord. 617, §1, adopted 1971)
7601: NUISANCE:
In addition to and in accordance with the determination made and the authority granted by the
State of California under section 22660 of the Vehicle Code to remove abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby
makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or
parts thereof on private or public property, not including highways, is hereby found to create a
condition tending to reduce the value of private property, to promote blight and deterioration, to
invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to
the health and safety of minors, to create a harborage for rodents and insects and to be injurious
to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked,
dismantled or inoperative vehicle or parts thereof, on private or public property not including
highways, except as expressly hereinafter permitted, is hereby declared to constitute a public
nuisance which may be abated as such in accordance with the provisions of this Chapter. (Ord.
617, §1, adopted 197l)
7602: DEFINITIONS:
Except where the context otherwise requires, the definitions given in this Section govern the
construction of this Chapter:
The term "vehicle" means a device by which any person or property may be propelled,
moved or drawn upon a highway, except a device moved by human power or used
exclusively upon stationary rails or tracks.
B. The term "highway" means a way or place of whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular travel. Highway includes street.
C. The term "public property" does not include highway.
D. The term "owner of the land" means the owner of the land on which the vehicle or parts
thereof, is located, as shown on the last equalized assessment roll.
this ordinance. (Ord. 617, §1, adopted 1971)
7607: ADMINISTRATIVE COSTS:
The City Council shall, from time to time, determine and fix an amount to be assessed as
administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under
this ordinance. Said costs of administration may be expressed as a fixed sum per removal or as a
percentage of the actual cost of removal. (Ord. 617, § 1, adopted 1971)
7608: ABATEMENT ACTION:
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or
parts thereof, on private property or public property within the City, the Chief of Police or his
designated representative shall have the authority to cause the abatement and removal thereof in
accordance with the procedure prescribed herein. (Ord. 617, §1, adopted 1971)
7609: NOTICE REQUIRED:
A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public
nuisance shall be mailed by registered mail to the owner of the land and to the owner of the
vehicle unless the vehicle is in such condition that identification numbers are not available to
determine ownership. The notice of intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address'), you
are hereby notified that the undersigned pursuant to .(,7605 of the Ukiah City Code has
determined that there exists upon said land an (or parts of an) abandoned, wrecked,
dismantled or inoperative vehicle registered to , license number, which
constitutes a public nuisance pursuant to the provisions of Division 8, Chapter 8, of the
Ukiah City Code. You are hereby notified to abate such nuisance by the removal of said
vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this
notice, and upon your failure to do so the same will be abated and removed by the City and
the costs thereof together with administrative costs, assessed to you as owner of the land on
which said vehicle (or said parts of a vehicle) is' located As the owner of the land on which
said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may,
within ten (10) days after the mailing of this notice of intention, request a public hearing and
if such a request is not received by the City Clerk within such ten (10) day period, the ChieJ
of Police or his designated representative shall have the authority to abate and remove said
vehicle (or saidparts of a vehicle) as a public nuisance and assess the costs as aforesaid
without a public hearing. You may submit a sworn written statement within such a ten (10)
day period denying responsibility for the presence of said vehicle (or said parts of a vehicle)
on said land, with your reasons for denial, and such statement shall be construed as a
request for hearing at which your presence is not required You may appear in person at any
hearing requested by you or the owner of the vehicle or, in lieu thereof maypresent a sworn
written statement as aforesaid in time for consideration at such hearing.
Notice Mailed s~
NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
~ame and address of last registered and/or
legal owner of record of vehicle - notice
should be given to both if differenO
As last registered (and/or legal) owner of record of(description of vehicle - make, model,
license, etc.) you are hereby not!fied that the undersigned pursuant to ~'7605 of the Ukiah
City Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned,
wrecked, dismantled or inoperative vehicle at (describe location on public or private
property) and constitutes a public nuisance pursuant to the provisions of Division 8,
Chapter 8 of the Ukiah City Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts
of a vehicle) within ten (10) days from the date of mailing of this notice.
As a registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you
are hereby notified that you may, within ten (1 O) days after the mailing of this notice of
intention, request a public hearing and if such a request is not received by the City Clerk
within such ten (1 O) day period, the Police Chief or his designated representative shall have
the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed s/
(Ord. 617, §1, adopted 1971)
7610: REQUEST FOR HEARING; HEARING UNNECESSARY:
Upon request by the owner of the vehicle or owner of the land received by the City Clerk or her
designated representative within ten (10) days after the mailing of the notices of intention to
abate and remove, a public hearing shall be held by the Traffic Engineering Committee on the
question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked,
dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of
removal of the vehicle or parts thereof against the property on which it is located.
If the owner of the land submits a sworn written statement denying responsibility for the presence
of the vehicle on his land within such ten (10) day period, said statement shall be construed as a
request for hearing which does not require his presence. Notice of the hearing shall be mailed at
least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle,
unless the vehicle is in such condition that identification numbers are not available to determine
ownership. If such a request for hearing is not received within said ten (10) days after mailing of
the notice of intention to abate and remove, the City shall have the authority to abate and remove
the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 617, § 1,
adopted 1971; Ord. 993, §1, adopted 1997)
7611: HEARING:
All hearings under this Chapter shall be held before the Traffic Engineering Committee which
shall hear all facts and testimony it deems pertinent. Said facts and testimony may include
testimony on the condition of the vehicle or parts thereof and the circumstances concerning its
location on the said private property or public property. The Traffic Engineering Committee shall
not be limited by the technical rules of evidence. The owner of the land may appear in person at
the hearing or present a sworn written statement in time for consideration at the hearing, and
deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.
The Traffic Engineering Committee may impose such conditions and take such other action as it
deems appropriate under the circumstances to carry out the purpose of this Chapter. It may delay
the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it.
At the conclusion of the public hearing, the Traffic Engineering Committee may find that a
vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or
public property and order the same removed from the property as a public nuisance and disposed
of as hereinafter provided and determine the administrative costs and the cost of removal to be
charged against the owner of the land. The order requiring removal shall include a description of
the vehicle or parts thereof and the correct identification number and license number of the
vehicle, if available at the site.
If it is determined at the hearing that the vehicle was placed on the land without the consent of
the owner of the land and that he has not subsequently acquiesced in its presence, the Traffic
Engineering Committee shall not assess the costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise attempt to collect such costs
from such owner of the land. If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land but does not appear, he shall be notified,
in writing, of the decision. (Ord. 617, § 1, adopted 1971; Ord. 993, § 1, adopted 1997)
7612: REMOVAL; TIME LIMITS:
Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public
nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required
by Section 7611 of this Chapter, or fifteen (15) days after such action of the governing body
authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal
to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not
thereafter be reconstructed or made operable. (Ord. 617, § 1, adopted 1971)
ATrACHMENT ~
5600: DEFINITIONS:
"Public right of way" includes all or any part of the entire width of a right of way granted to
the City, whether in fee or as an easement, for sidewalk, highway, roadway, drainage or
other public purposes, whether or not such entire area is actually used for such purposes.
"Encroachment" includes any structure or object of any structure or object of any kind or
character placed, without the authority of law, either in, under or over any public right of
way. The term does not include any vehicle as defined in Vehicle Code Section 670.
C. "City" means the City of Ukiah. (Ord. 860, §l, adopted 1986)
5601: REMOVAL OF ENCROACHMENTS; NOTICE TO REMOVE;
SERVICE OF NOTICE:
If any encroachment exists in, under or over any public right of way, the City may require the
removal of such encroachment in the manner provided in this Chapter.
Notice shall be given to the owner, occupant or person in possession of the encroachment, or to
any other person causing or suffering the encroachment to exist, by serving upon any such person
a notice containing a demand for the immediate removal of such encroachment from within such
public right of way. Any such notice shall describe the encroachment complained of with
reasonable certainty as to its character and location.
The notice shall state that the encroachment must be permanently removed from the public right
of way within five (5) days from the date of the notice. If not removed within said five (5) days,
City personnel will remove the encroachment. The costs of its removal and its storage or other
disposition shall be imposed on the recipient of the notice. If the recipient disputes the City's
right to remove the encroachment, he or she must, within the same five (5) day period, file a
written protest with the City Manager. The City Manager's decision shall be rendered within two
(2) days of its receipt and shall be final for the City. The party opposing the removal shall have
the right to present written or oral testimony or argument in support of his or her protest and the
City Manager shall base his or her decision on the evidence and argument presented prior to his
or her decision.
In lieu of personal service upon such person, service of such notice may also be made by
registered mail and by posting, for a period of five (5) days, a copy of the notice on the
encroachment described in the notice. In the case of an owner, occupant or person in possession,
who is not present in the City, the notice may be given to his agent in lieu of service by mailing
and posting.
In the case of a business, notice may be delivered to a person apparently in charge of the business
premises during normal business hours. (Ord. 860, 91, adopted 1986)
5602: SUMMARY REMOVAL BY CITY:
The City may immediately remove from any public right of way any encroachment which: (Ord.
860, 91, adopted 1986)
Is not removed, or the removal of which is not commenced and thereafter diligently
prosecuted, prior to the expiration of five (5) days from and after the date of the notice
required by 95601; or
Obstructs or prevents the use of such right of way by the public and presents a hazard that
cannot be allowed to continue for a period of five (5) days; or
Consists of refuse.
Upon such removal, the City, at its option, may 1) return the encroachment to its owner, 2) store
it at the owner's expense, in which case the City shall have a lien on the encroachment equal to
its reasonable storage costs, or 3) dispose of it in any other manner it deems appropriate. (Ord.
860, 91, adopted 1986)
5603: REMOVAL BY CITY ON FAILURE TO COMPLY WITH NOTICE;
ACTION FOR RECOVERY OF REMOVAL EXPENSE:
The City may remove any encroachment on the failure of the owner to comply with a notice or
demand of the City under the provisions of 95601 of this Code and shall have an action to
recover the expense of such removal, costs and expenses of suit, including reasonable attorneys'
fees and, in addition thereto, the sum of twenty five dollars ($25.00) for each day such
encroachment remains after the expiration of five (5) days from the date of the notice. (Ord. 860,
91, adopted 1986)
5604: ABATEMENT ACTION; RECOVERY OF PENALTY, COSTS, AND
EXPENSES:
If the owner, occupant, or person in possession of the encroachment, or person causing or
suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence
of the encroachment, or refuses to remove or permit the removal of the encroachment, the City
may commence, in any court of competent jurisdiction, an action to abate the encroachment as a
public nuisance. If judgment is recovered by the City, said judgment shall include, in addition to
adjudging the encroachment a nuisance and abating it, statutory damages of twenty five dollars
($25.00) for each day such encroachment remains after the service of the notice in the manner
provided in §5601, and shall also include the City's costs and expenses incurred in such action,
including reasonable attorneys' fees. (Ord. 860, §1, adopted 1986)
ATTACHMENT
3300: UNSAFE OR DILAPIDATED BUILDINGS AS NUISANCES:
All buildings or structures which are structurally unsafe, or are partially destroyed by fire, or are
dilapidated from old age, neglect, decay or other causes within the City, which constitute a fire
menace or are dangerous to human life, or a likely resort for vagrant or dissolute persons, may be
declared a nuisance by the City Council of the City and thereafter abated as herein provided.
(Ord. 591, §1, adopted 1967)
3301: MAY BE DECLARED NUISANCE BY RESOLUTION OF
INTENTION TO COMMENCE ABATEMENT PROCEEDINGS:
Whenever any such building or buildings, structure or structures exist or are permitted upon any
property within the City, the City Council may by resolution declare the same to be a public
nuisance; said resolution shall declare the intention of the City Council to commence abatement
proceedings as herein provided and shall refer to the street by the name under which it is
officially or commonly known m~d describe the property upon which such nuisance exists by
giving the "Street Address and Assessor's Parcel Number" thereof and no other description of
such property shall be required.
The City Clerk shall forward a certified copy of said resolution to the County Recorder of
Mendocino County for recordation. (Ord. 591, § 1, adopted 1967; amd. by Ord. 839, § 1, adopted
1984)
3302: ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION,
OR REMOVAL:
All buildings or structures declared to be public nuisances and ordered to be abated, hereby shall
be abated by repair, rehabilitation, demolition or removal. (Ord. 591, § 1, adopted 1967)
3303: NOTICE OF HEARING TO ABATE BUILDINGS OR STRUCTURES
BY REMOVAL OR REPAIR:
After the passage of said resolution, the Building Inspector shall cause to be conspicuously
posted on the building or buildings, structure or structures, declared to be a public nuisance, a
certified copy of the Resolution of Intention of the City Council of the City, and at least two (2)
notices of the time and place of hearing before the City Council, which said notices shall be
titled: "NOTICE OF HEARING" in letters of not less than one inch in height and shall be
substantially in the following form:
NOTICE OF HEAR1NG
TO ABATE BUILDING OR STRUCTURE
BY REMOVAL OR REPAIR
Notice is hereby given that the day of ,19 , the
City Council of the City of Ukiah passed a resolution declaring that the certain unsafe or
dilapidated building(s) or structure(s) consisting of located or
standing upon that certain lot, piece or parcel of land situated in the City, County of
Mendocino, State of California, known and designated as Number
Street, in said City and more particularly described as "Street Address and Assessor's Parcel
Number", in said City of Ukiah, and that the same constitutes a public nuisance and must be
abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s)
otherwise the same will be removed or repaired and the nuisance will be abated by the
municipal authorities of the City, in which case the cost of such removal or repair shall be
assessed upon the lots and land on which said unsafe or dilapidated building(s) or
structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots
or land until paid. Reference is hereby made to said resolution for further particulars.
All persons having any objection to, or interest in, the proposed removal or repair of such
unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the
City Council of the City to be held in the City Hall, on the day of
., 19 , at the hour of __ M., of said day, when their
objections will be heard and given due consideration.
DATED: This __ day of _, 19
Building Inspector
(Ord. 591, §1, adopted 1967; amd. by Ord. 839, §1, adopted 1984)
3304: POSTING AND SERVING NOTICE AND RESOLUTION TO
REMOVE OR REPAIR BUILDING OR STRUCTURE:
The Building Inspector shall cause to be served upon the owner of each building or structure
sought to be removed or repaired one copy of said notice and a certified copy of the Resolution
of Intention of the City Council of the City, in accordance with the provisions of §3305.
Said notices and resolutions must be posted and served as aforesaid, at least thirty (30) days
before the time fixed for the hearing before the City Council and proof of posting and service of
such notices and resolution shall be made by affidavit which shall be filed with the said City
Council. (Ord. 591, §1, adopted 1967)
3305: FORM OF PROPER SERVICE OF NOTICE AND RESOLUTION ON
OWNER:
Proper service of said notice and resolution shall be by personal service upon the person owing
the property as such person's name and address appears on the last equalized assessment roll, if
he is found within the City limits, or if he is not to be found within the City limits, by depositing
a copy of said notice and resolution in the U.S. Post Office properly enclosed in a sealed
envelope and with the postage thereon fully prepaid. Said mail shall be registered or certified and
addressed to said owner at the last known address of said owner, or if not known, at Ukiah,
California. The service is complete at the time of deposit. (Ord. 591, §1, adopted 1967)
3306: HEARING BY CITY COUNCIL IN REMOVAL OR REPAIR:
At the time stated in the notices, the said City Council shall hear and consider all objections or
protests, if any, shall receive testimony from owners, witnesses and parties interested relative to
the proposed removal or repair of such unsafe or dilapidated buildings or structures, and may
continue the hearing from time to time. Upon the conclusion of said hearing, said City Council
shall allow or overrule any and all of said objections. If said City Council finds that good and
sufficient cause does not exist why said buildings or structures should not be removed or
repaired, the City Council by resolution shall order the Director of Public Works to abate said
nuisance after a period of thirty (30) days by having the unsafe or dilapidated buildings or
structures referred to removed or repaired and he and his authorized representatives are hereby
expressly authorized to enter upon private property for that purpose. (Ord. 591, § 1, adopted
1967)
3307: SERVICE ON OWNER OF RESOLUTION TO ABATE AFTER
THIRTY DAYS:
A copy of said resolution ordering the Director of Public Works to abate said nuisance after thirty
(30) days shall be served upon the owner of said property in accordance with the provisions of
§3305. Any property owner shall have the right to have any such unsafe or dilapidated buildings
or structures removed or repaired at his own expense, provided the same is done prior to the
expiration of the thirty (30) days. (Ord. 591, §1, adopted 1967)
3308: RECORD OF COST FOR REMOVAL OR REPAIR; REPORT:
The Director of Public Works shall keep an account of the cost (including incidental expenses) of'
abating such nuisance on each separate lot, or parcel of land where the work has been done and
shall render an itemized report in writing to the City Council showing the cost of repairing,
rehabilitating, demolishing or removing said buildings or structures, including any salvage value
of such buildings or structures and incidental expenses, on each separate lot or parcel of land;
provided, that before said report is submitted to said City Council, a copy of the same shall be
posted for at least five (5) days upon the property upon which such unsafe or dilapidated
buildings or structures were situated together with a notice of the time when said report and
notice shall be served upon the owner of said property, in accordance with the provisions of
§3305, at least five (5) days prior to submitting the same to the Council; proof of said posting
and service shall be made by affidavit and filed with the City Clerk of the City.
The term "incidental expenses" shall include, but not be limited to, the expenses and costs of the
City in the preparation of notices, specifications and contracts, and inspecting the work, and the
costs of printing and mailing required hereunder. (Ord. 591, § 1, adopted 1967)
3309: REPORT; HEARING ON AND PROCEEDING RE:
At the date and time fixed for receiving and considering said report, the City Council shall hear
and pass upon the report of the director of public works, together with any objections or protests
which may be raised by any of the property owners liable to be assessed for the work of abating
such nuisance and any other interested persons. Thereupon the city council may make such
revision, correction or modification in the report as it may deem just, after which by resolution
the report, as submitted, or as revised, corrected or modified, shall be confirmed, provided that
said hearing or consideration may be continued from time to time. The decision of the city
council on all protests and objections which may be made, shall be final and conclusive. (Ord.
591, §1, adopted 1967)
3310: ASSESSMENT OF COSTS AGAINST PROPERTY; LIEN:
The amount of the cost for abating such nuisance upon the various lots or parcels of land, as
confirmed by the city council shall constitute special assessments against the respective lots or
parcels of land, and as thus made and confirmed shall constitute a lien on said property for the
amount of such assessments, respectively. After the confirmation of said report, a copy shall be
turned over to each of the assessor and tax collector for the county of Mendocino, whereupon it
shall be the duty of said assessor and tax collector to add the amounts of the respective
assessments to the next regular bills of taxes levied against the said respective lots and parcels of
land for municipal purposes, and thereafter said amounts shall be collected at the same time and
in the same manner as ordinary municipal taxes are collected, and shall be subject to the same
penalties and the same procedure under foreclosure and sale in case of delinquency and provided
for ordinary municipal taxes. (Ord. 591, § 1, adopted 1967)
AT[AGHMENT Q/
4400: GENERALLY:
For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words
and their derivations shall be construed and shall have the meaning and be defined as hereinafter
provided in this Article. (Ord. 490, §1, adopted 1955)
4401: "PERSONS" DEFINED:
"Person" shall mean any individual, firm or corporation, whether acting for himself or as
principal agent, officer, servant or employee for any other individual, firm or corporation. (Ord.
556, §2, adopted 1963)
4402: "CITY" DEFINED:
"City" shall mean the City of Ukiah, Califomia as delineated by its corporate limits. (Ord. 605,
§1, adopted 1970)
4403: "CITY COUNCIL" DEFINED:
"City Council" shall mean the governing body of the City. (Ord. 490, § 1 (d), adopted 1955)
4404: "CITY MANAGER" DEFINED:
The definition of City Manager as found in Chapter 3, Article 1 of this Code is referred to by
reference and incorporated herein as if fully set forth as are the descriptions of his powers and
authorities. (Ord. 605, §2, adopted 1970)
4405: "CITY DISPOSAL AREA" DEFINED:
The words "City Disposal Area" shall mean and refer to that certain tract of land which the City
shall furnish to the contractor for use as a place to deposit and properly dispose of refuse
collected by him. (Ord. 490, §1(1), adopted 1955)
4406: "CONTRACTOR" DEFINED:
The general term "Contractor" shall include and mean any person, firm, corporation or
association, or the agents or employees thereof, with whom the City shall have duly contracted
under the terms hereinafter set out in this Chapter to collect, transport through the streets, alleys,
or public ways of said City, and dispose of refuse, garbage, and rubbish produced within the
limits of said City. (Ord. 490, § 1 (b), adopted 1955)
4407: "REFUSE" DEFINED:
The general term "refuse" shall include and mean all matter and materials which are rejected by
owners or producers thereof as offensive or useless or which by their presence or accumulation
may injuriously affect the health, comfort, safety or public welfare of the community, or
constitute a disease, fire or other hazard to the community, and it shall include and mean garbage
and rubbish as defined herein. (Ord. 490, § 1 (f), adopted 1955)
4408: "GARBAGE" DEFINED:
The word "garbage" shall mean and include kitchen and table refuse, offal, swill and also every
accumulation of animal and vegetable refuse, and other matter that attends the preparation,
consumption, decay or dealing in, or storage of, meats, fish, fowl, birds, fruits or vegetables.
(Ord. 490, §l(g), adopted 1955)
4409: "RUBBISH" DEFINED:
The term "rubbish" shall mean and include only tree trimmings, grass cuttings, dead plants and
weeds, leaves and similar matter, and shall include combustible waste paper and similar pulp
products such as are used for packaging or wrapping, but shall not include lumber, brick, mortar,
plaster or other debris such as that incidental to the construction of buildings. (Ord. 490, § 1 (h),
adopted 1955)
4410: "USER" DEFINED:
"User" shall mean any person, ftrm or corporation serviced by contractor for the purpose of
removal and disposal of refuse from every residence, business or other dwelling of any type.
(Ord. 605, §3, adopted 1970)
4411: "GROSS REVENUE" DEFINED:
"Gross revenue" shall mean and include all amounts received by contractor for the operation of
the rights hereunder granted, including, but not confined to, all payments from users, any salvage
payments received and any subsidy payments made to contractor from whatever source. (Ord.
605, §4, adopted 1970; amd. by Ord. 660, §1, adopted 1974)
4412: "EXTRAORDINARY" RATES DEFINED:
"Extraordinary rates" shall include but not be limited to those rates set by the City Council for
irregular collections, collections in excess of those established for basic domestic service, any
collections made exceeding basic standards and rates set above the standard for refuse, garbage
and rubbish brought to the disposal area. (Ord. 605, §5, adopted 1970)
4420: UNLAWFUL ACCUMULATIONS:
It shall be unlawful for any person to deposit, dump or accumulate or to permit, cause or suffer
any refuse to be deposited, kept or accumulated upon any tot or parcel of land, or on any public
or private place or premises, street, land, alley or drive, unless the same shall be kept, deposited
or allowed to accumulate as in this Chapter provided. (Ord. 490, §11, adopted 1955)
4421: GARBAGE; METAL AND OTHER APPROVED RECEPTACLES;
MAXIMUM WEIGHT:
Any and all garbage deposited, kept or accumulated or permitted to be deposited, kept or
accumulated within the City shall be in a metal receptacle provided with handles or other
receptacles approved for said use by the City Manager. Each of said receptacles shall have a
capacity of not less than five (5) gallons and shall not exceed a capacity of thirty (30) gallons,
and shall be provided with a close fitting metal lid or other suitable covering at all times except
when necessarily opened to permit garbage to be taken therefrom or to be deposited therein. Each
such receptacle for garbage, including its cover, shall, upon the outside, be kept clean from
accumulating grease or decomposing material. No container shall be loaded heavier than seventy
(70) pounds. (Ord. 605, §6, adopted 1970)
4422: RUBBISH; MAXIMUM WEIGHT:
Any and all rubbish deposited, kept or accumulated or permitted to be deposited, kept or
accumulated within the City shall be in a suitable box or boxes, barrels or other suitable
receptacles or a binding or wrapping sufficient to hold and securely contain any rubbish placed
therein unaffected by wind, rain and other elements or by natural decomposition, but shall not be
loaded heavier than seventy (70) pounds nor exceed a length of four feet (4') or a diameter of two
feet (2') (Ord. 605, §7, adopted 1970)
4423: ALL OTHER REFUSE:
All other refuse deposited, kept, accumulated or permitted to be deposited, kept or accumulated
within the City shall be in a suitable box or boxes, barrels or other suitable receptacles or a
binding or wrapping sufficient to hold and securely contain any rubbish placed therein unaffected
by wind, rain and other elements or by natural decomposition, or if such refuse is of a type not
subject to being affected or dispersed by wind, rain or other elements or by natural
decomposition, such refuse may be stacked or piled in a safe manner in a safe place. (Ord. 490,
§1 l(c), adopted 1955)
4424: LOCATION OF REFUSE RECEPTACLES GENERALLY:
Refuse receptacles maintained as provided in this Chapter shall be located on the property or
premises of the person producing such refuse in such areas as not to be visible from the street,
sidewalk or public place except as otherwise provided in this Chapter. (Ord. 556, §3, adopted
1963)
4425: LOCATION OF REFUSE RECEPTACLE OF USER TO
CONTRACTOR'S SERVICE:
Each garbage vessel, tank or receptacle and each rubbish container or other refuse accumulation
provided, or caused to be provided, by the owner, manager or person in possession, charge or
control of any restaurant, hospital, hotel, boarding house, cafe, cafeteria and other like eating
place, apartment house, butcher shop, green vegetable store, dwelling or flat or business
establishment within the City, subscribing to contractor's service shall be kept or placed in the
manner following during the time for collection, and shall be accessible to the contractor at all
times without the use of key or entering the above named buildings unless special arrangements
are made with the contractor.
Any such accumulation shall be placed on the premises in a location easily accessible to the
contractor and not more than twenty feet (20') in the rear of the building from which such refuse
is accumulated except as hereinafter provided in this Chapter and shall be accessible to the
contractor at all times on an established walkway or driveway. (Ord. 490, § 11 (d), adopted 1955)
3400: PURPOSE AND SCOPE:
A. In order to further the stated goals of the city of Ukiah to promote the health, safety, and
general welfare of the public by requiring a level of maintenance of private commercially
zoned property which will protect the livability, appearance and social and economic
stability of the city and to protect its citizens and their commemially zoned property from
conditions detrimental to property values and community appearance, hazardous or injurious
to the health, safety or welfare of the general public, or which are offensive or annoying to
the senses, the city council has determined that this chapter is necessary to effectively abate
or prevent the development of such conditions in the city of Ukiah.
It is the intention of the city council, in adopting the chapter codified herein, to set forth
guidelines for determining what conditions on private commercially zoned properly
constitute a public health, safety, and visual blight problem; to establish a method for giving
notice of the conditions and an opportunity to correct them; and finally in the event the
public health, safety, and visual blight conditions are not abated or corrected, to provide a
procedure for a hearing and determination of the facts and mariner in which the conditions
shall be corrected or removed.
It is the purpose of this chapter to provide a fair and practical method, in addition to any
other remedy available at law, whereby commercially zoned property/buildings which are
dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned, or
inoperable vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety,
health, properly values, aesthetic standards or the general welfare of the city of Ukiah, may
be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by
removal of offensive conditions.
D. Another purpose of this chapter is to provide a program for removal of graffiti from walls
and structures on private commercially zoned property, as well as public property and to
provide regulations designed to prevent and control the further spread of graffiti in the city.
E. In addition to the abatement procedures provided herein, this chapter declares certain
conditions to be public health, safety, and visual blight nuisances and that continuance of
such conditions shall be a misdemeanor.
This chapter is not intended to enfome conditions, covenants, and restrictions (CC&Rs) on
property, nor to supersede them. This chapter will be enforced uniformly within the city
regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any
homeowners' association or private citizen to take action, legal or as otherwise provided in
the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association
even though the CC&R provisions may be the same, more restrictive or may not be covered
by this chapter.
Provisions of this chapter are to be supplementary and complementary to all of the
provisions of this code, state and federal law, and any law cognizable at common law or in
equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit
any existing right or power of the city to abate any and all public health, safety, and visual
blight problems.
Notwithstanding the provisions of this chapter, any condition which would constitute a
violation of this chapter, but which is expressly authorized under any city, state or federal
law, shall not be deemed to violate this chapter.
Every owner of real commercially zoned property within the city is required to maintain such
property in a manner so as not to violate the provisions of this chapter and such owner
remains liable for violations thereof regardless of any contract or agreement with any third
party regarding such property. Every occupant, lessee or holder of any interest in
commercially zoned property, other than as owner thereof, is required to maintain such
property in the same manner as is required of the owner thereof, and the duty imposed by
this section on the owner thereof shall in no instance relieve those persons herein referred to
from the similar duty. (Ord. 1039, § 1, adopted 2002)
3401: DEFINITIONS:
The following terms used in this chapter shall have the following meanings:
BLIGHTED: Deteriorated, impaired, or dilapidated.
COMMERCIAL VEHICLE: Any motorized or nonmotorized vehicle used or maintained to
transport property or goods for profit, or persons for hire or compensation. This definition shall
not include a commercial vehicle used as the primary source of transportation by the person
owning, leasing, occupying or having charge of any such vehicle.
COST OF ABATEMENT: The total cost incurred by the city in connection with the abatement
of a public health, safety, or visual blight nuisance including, but not limited to:
A. Any cost incurred in removing or remedying a public health, safety, or visual blight
nuisance.
B. The following costs and fees of the city staff for administrative services rendered by the
city in connection with the inspection, notification, prosecution, and abatement procedures
authorized by this chapter:
I. Notice and order, appeal and termination fees (as defined in subsection 3417A of this
chapter) in such amounts as are determined from time to time by resolution of the city
council, provided said fees are based on a measurable estimate of the actual costs of
services rendered by the department from the time of the initial complaint intake for the
purpose of documenting a violation of this chapter until the violation is corrected;
2. Any attorney fees incurred by the city in the abatement of the health, safety, or visual
blight nuisance, through civil action or otherwise;
3. If not already included in the fees established under subsection C of this definition, the
cost of printings and mailings required under this chapter;
4. All costs or expenses to which the city may be entitled pursuant to Health and Safety
Code section 510 and other statutory entitlement; such fees to be established or revised
from time to time by resolution of the city council;
5. All costs and expenses for which the city may be liable under state law arising from or
related to the health, safety, or visual blight nuisance.
C. Any cost incurred by the city in collecting the costs enumerated in subsections A and B of
this definition.
iNOPERATIVE VEHICLE: Any motor vehicle which cannot be moved under its own power, or
cannot be operated lawfully on a California public street or highway, due to removal of, damage
to, or inoperative condition of any component part or the lack of an engine, transmission, wheels,
tires, doors, windshield or any other part necessary for such movement or lawful operation.
JUNK: Any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn
out or wrecked object, thing or material or substance, having no substantial market value.
OWNER: Any person(s) shown as the property owner on the latest equalized property tax
assessment rolls, or in the case of a vehicle, any person(s) shown on the last registration of the
vehicle, or if that information is not ascertainable, the owner shall be deemed to be the occupant
of the property on which the vehicle is located.
PROPERTY: Premises.
VEHICLE: Shall be defined as set forth in section 670 of the Vehicle Code of the state of
California. Any vehicle that is abandoned, wrecked, dismantled or inoperative, or any part
thereof, located on any private property, or public property, excluding highways, in the city is
declared to be a public nuisance. The term "vehicle" shall not include:
A. A vehicle or part thereof which is completely enclosed within a building in a lawful
manner, where the same is not visible from the street or other public or private property,
and/or
B. A vehicle or part thereof which is stored or parked in a lawful manner on private property
in conjunction with the lawful business of a licensed dismantler, licensed vehicle dealer or a
junkyard. (Ord. 1039, § 1, adopted 2002)
3402: PROHIBITED HEALTH, SAFETY, AND VISUAL BLIGHT
NUISANCES:
It shall be unlawful, and it is hereby declared to be a public nuisance, for any person owning,
leasing, occupying, or having charge of any commercially zoned business or commercially zoned
property within the city of Ukiah, to ma/ntain such premises in such a manner that any one or
more of the conditions or activities described in the following subsections are found to exist:
A. Any violation of this code.
Land, the topography or configuration of which, in any manmade state, whether as a result of'
grading operations, excavations, fill, or other alteration, interferes with the established
drainage pattern over the property or from adjoining or other properties which does or may
result in erosion.
Buildings or structures which are partially destroyed, abandoned or permitted to remain in a
state of partial construction for more than six (6) months, or beyond any period of extension,
after the issuance of a building permit.
The failure to keep locked and secured from public access all doorways, windows and other
openings into vacant or abandoned (not occupied or in use) buildings or structures. For
purposes of this subsection vacant or abandoned buildings or structures, includes walls,
retaining walls, fences or structures, or building, walls, fences or structures upon which the
condition of the paint has become so deteriorated as to permit decay, excessive checking,
cracking, peeling, chalking, dry rot, warping or termite infestation.
E. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti is
allowed to remain for more than five (5) calendar days.
Broken or cracked windows, windows boarded up with unpainted materials attached to the
exterior of the building, or unattractive products adhered to/covering the inside of the
window, unless the structure is undergoing a remodeling project. The property owner can
have thirty (30) to ninety (90) days to correct the problem with the submittal and approval of
a reasonable improvement strategy/plan.
G. Overgrown or dead, decayed or hazardous vegetation which:
1. May harbor rats, vermin or other disease carriers.
2. Is an obstruction to the vision of motorists or a hazardous condition to pedestrians,
bicyclists, or vehicle traffic.
3. Constitutes a blighted appearance.
4. Constitutes a fire hazard as determined by the city fire marshal.
H. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, or
driveways which are defective, broken, torn, cracked, dilapidated, or in other similar
blighted conditions. If that condition is readily visible from any public street or adjacent
parcel of property and is unsightly so as to constitute a blighted condition detrimental to the
property values in the immediate surrounding area or otherwise be detrimental to the public
welfare.
Except where construction is occurring under a valid permit, any placing, keeping, storage,
depositing or dumping or accumulation on any lot, parcel or tract of land, improved or
unimproved, of any litter consisting of garbage, refuse, trash, dirt, litter, feces, gravel,
concrete or other similar materials, or debris, and all other waste material, whether by natural
or manmade causes, and whether intentionally that constitute visual blight or reduces the
aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to
nearby property or property values.
Except where construction is occurring under a valid permit if a permit is required, the
keeping, storage, depositing, or accumulation on the premises of any personal property
which is within the view of persons on adjacent or nearby real property or the public right of
way when such personal property constitutes visual blight, reduces the aesthetic appearance
of the immediate surrounding area, is offensive to the senses, or is detrimental to nearby
property or property values. Personal property includes, but is not limited to, "junk" as
defined in section 3401 of this chapter, abandoned, wrecked, broken or neglected equipment
and machinery, or dismantled automobiles or unseaworthy boats or vessels, automotive parts
and equipment, appliances, furniture, containers, packing materials, scrap metal, wood,
pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned
refrigerators or other appliances, abandoned or inoperable motor vehicles, any unsound
structure, or accumulated lumber, trash, garbage, building materials, rubbish and debris,
wood and building materials being used, or to be used, for a project of construction, repair or
renovation and for which an active building permit is in existence, if required, may be stored
for as long as is necessary to complete the project expeditiously. Upon expiration or
cancellation of the permit or completion of the project, if a permit is not required, wood and
building materials for the project must be immediately removed.
K. Parking lots that have broken pavement, large cracks, potholes, weeds growing through
cracks, or other similar blighted conditions.
Keeping construction debris storage bins stored in excess of fifteen (15) days on a public
street or any front or side yard area without the express approval of the city manager or his
designee.
M. Refuse or trash bins/dumpsters placed so as to be visible from neighboring properties or
streets, except for those times scheduled for collection, and where infeasible.
Any property with accumulations of grease, oil or other hazardous material on paved or
unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material
flows or seeps onto any public street or other public or private property, any front yard, or
parkway.
Any area in front of a commercially zoned building or property which lacks turf, other
planted material, decorative rock, bark, or similar landscaping treatment/materials, unless
there is no area in front of the building to place these materials.
Vegetation overgrowth which encroaches into, over or upon any public right of way
including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger
to the public safety or property or any impediment to public travel.
Use of parked or stored recreational vehicles as living space on commercially zoned
property.
Animals, livestock, poultry or bees kept, bred or maintained for any purpose (other than a
legally permitted kennel, pet store, or approved temporary use such as a circus) and in
violation of any provision of this code.
Any building or structure which is structurally unsafe or which lacks adequate ventilation,
sanitation or plumbing facilities or not provided with adequate egress, or which constitutes a
fire hazard as determined by the fire marshal, or other hazard to safety, health or public
welfare.
Except where construction is occurring under a valid permit, the dumping of any waste
matter in or upon any public or private street, highway, right of way, or in or upon any
private property, or in or upon any public park or any public property other than property
designated or set aside for that purpose by the governing board or body having charge of that
property.
U. Any other condition declared by any state, county, or city statute, code or regulation to be a
public nuisance.
V. Inoperable or abandoned trailers, campers, boats or vehicles located on commercially zoned
property in view from the public right of way.
W. Dismantling, disassembling, building, remodeling, assembling, repairing, painting, washing,
cleaning or servicing of any personal property such as, but not limited to, vehicles, boats,
trailers, machinery, equipment, appliances, furniture or other personal property, for a period
in excess of seventy two (72) consecutive hours, unless associated with a legally permitted
land use.
X. Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or
welfare of the public.
Y. Any condition recognized in law or in equity as constituting a public nuisance.
Z. Any illegal activity occurring on property. For purposes of this chapter, "illegal activity" is
defined as any violation of state or federal laws, rules or regulations, or local ordinance.
AA. Failing or ceasing to satisfy or violating any condition associated with or imposed in
connection with an approval relating to land, while making use of the special entitlement
granted by such permit, including, but not limited to, variances, conditional use permits,
subdivisions and site plans.
BB. Signs, both on site and offsite (billboards), which are otherwise lawful but maintained in a
broken, dilapidated, and/or abandoned condition.
CC. Temporary signs that advertise or are related to events which have already taken place.
DD. Allowing any unlawful condition or activity to exist in a structure.
EE. The erection, construction, enlargement, alteration, repair, moving, demolishing or
conversion of any building, structure or utility service connection without first obtaining all
required permits from the appropriate city department.
FF. Outdoor sales being conducted without required permit(s). (Ord. 1039, § 1, adopted 2002)
3403: RIGHT OF ENTRY:
To the extent, and as authorized by law, the city manager or his/her designee may enter on
property at reasonable times to make inspections in connection with the administration and
enforcement of this chapter. (Ord. 1039, § 1, adopted 2002)
3404: NOTIFICATION OF DECLARED NUISANCE:
Whenever the city manager or his/her designee finds that a condition declared a public nuisance,
as defined by section 3402 of this chapter, exists on any premises located within the city, he shall
advise the property owner of the nuisance and direct the owner to abate the nuisance. The
property owner shall be notified of the existence of the nuisance in writing. The notification shall
describe the violations and establish a reasonable abatement period, and may also set forth
suggested methods of abatement. (Ord. 1039, §1, adopted 2002)
3405: VOLUNTARY ABATEMENT:
The owner or tenant of any building, structure or property found to be a nuisance under the
provisions of this chapter may abate the nuisance at any time within the abatement period by
rehabilitation, repair, removal or demolition as appropriate. The city shall be advised of the
abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.
(Ord. 1039, §1, adopted 2002)
3406: FAILURE TO VOLUNTARILY ABATE:
Ifa nuisance is not properly abated within the period established under the provisions of section
3405 of this chapter, or if required permits are not properly secured, the city council shall hold a
public heating to determine if the declared nuisance should be abated under the police powers of
the city. (Ord. 1039, §1, adopted 2002)
3407: NOTICE OF PUBLIC HEARING - REQUIRED:
A written notice of public heating, substantially in the form contained in subsection B of this
section, shall be served at least ten (10) days prior to the date set for the city council public
heating.
Service of the notice and order may be made upon all persons entitled thereto either by
personal delivery or by certified mail, addressed to the record owner and business owner at
his or her or their address as it appears on the latest equalized assessment roll of Mendocino
County, or as known to the city manager. A copy of the notice and order and any amended or
supplemental notice and order shall also be posted on the premises.
1. In lieu of personally serving the owner or service by certified mail, service of the notice
and order and any amended or supplemental notice and order may be made as follows:
a. In the event that the person entitled to service refuses to accept certified return receipt
mail or cannot be personally served, service may be made by substituted service.
Substituted service may be accomplished as follows: 1) by leaving a copy during usual
business hours in the recipient's business with the person who is apparently in charge, and
by thereafter mailing by first class mail a copy to the recipient where the copy was left; 2)
by leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a
competent member of the household and thereafter mailing by first class mail a copy to
the recipient at the address where the copy was left.
b. In the event the person entitled to service refuses to accept certified return receipt mail
or cannot be personally serviced and has a property manager or rental agency overseeing
the premises, substituted service may be made as set forth in subsection Bla of this
section upon the property manager or rental agency.
c. If the person entitled to service lives out of state and will not accept certified return
receipt mail, then service may be made by first class mail.
d. If the person entitled to notice cannot be located, or service cannot be effected as set
forth in this section, service may be made by publication in a Mendocino County
newspaper of general circulation, which is most likely to give actual notice of the order to
the person. Service shall be deemed sufficient when it is accomplished pursuant to
Government Code section 6063.
The failure of any such person to receive such notice and order shall not affect the validity of
any proceedings taken under this section. Service by certified mail or first class in the
manner herein provided shall be effective on the date of mailing. Service by publication shall
be effective on the date of first publication. Service by personal service shall be effective
upon delivery. Service by substitute service shall be effective from the date the mailing a
copy of the order after substitute service. (Ord. 1039, § 1, adopted 2002)
3408: NOTICE OF PUBLIC HEARING - FORM:
Notice substantially in the following form shall be given:
NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE
AND TO ABATE IN WHOLE OR IN PAR7
Notice is hereby given that on (insert date) the City Council of the City of Ukiah will hold a
public hearing at (insert place) to ascertain whether certain premises situated in the City oJ
Ukiah, State of California, known and designated as (insert address or description) to
constitute a public nuisance subject to abatement by the rehabilitation of such premises or
by the repair or demolition of buildings or structures situated thereon. If said premises, in
whole or part, are found to constitute a public nuisance as defined by Section 3402 and iJ
the same are not promptly abated by the owner, such nuisances may be abated by municipal
authorities, in which case the cost of such abatement, including removal of the nuisance,
rehabilitation, repair or demolition will be assessed upon such premises and such cost will
constitute a lien upon such land until paid.
Said alleged violations consist of the following:
Said methods of abatement available are:
All persons having any objection to, or interest in, said matters are hereby notified to attend
a hearing before the City Council of the City to be held on (insert date and time) when their
testimony and evidence will be heard and given due consideration.
DATED (insert date)
City Manager of the City of Ukiah
(Ord. 1039, §1, adopted 2002)
3409: PROTEST FILED:
Any person contesting the existence of a nuisance shall file a written protest or objection with the
city manager at least two (2) days prior to the date specified in the notice given pursuant to
sections 3407 and 3408 of this chapter. Each written protest or objection must contain a
description of the property and the grounds of the protest or objection. (Ord. 1039, §1, adopted
2002)
3410: HEARING - PROCEEDINGS:
At the time and place stated in the notice of public hearing, the city council shall hear and
consider all relevant evidence, objections or protests, and shall receive testimony from owners,
witnesses, city personnel and interested persons relative to such alleged public nuisance and to
proposed abatement measures. The heating may be continued from time to time. (Ord. 1039, § 1,
adopted 2002)
3411: HEARING - DECISION:
A. Upon the evidence presented, the city council shall determine whether the premises or any
part thereofi as maintained, constitutes a nuisance within the meaning of section 3402 of this
chapter.
If the city council finds that the same constitutes a nuisance, it shall order the same abated
within a reasonable time, which time shall be determined by the city council.
The city council's decision shall be by written order, which shall contain the findings of the
city council upon which such determination is based. If said nuisance is not abated within
the time permitted by the city council, the city manager/designee is authorized to enter upon
the premises for the purposes of abating the same, as hereinafter provided. (Ord. 1039, §1,
adopted 2002)
3412: TIME LIMITATION FOR FILING JUDICIAL ACTION:
Any aggrieved person who has exhausted all administrative remedies may bring any action to
contest the city council's decision, provided said action is filed with a court of competent
jurisdiction within thirty (30) days after the date of mailing such decision. Any aggrieved person
to whom a copy of the decision is not mailed by first class mail must file said action within
ninety (90) days of the date the decision was made by the city council. Any action filed later than
the time required by this section shall be barred from further prosecution. (Ord. 1039, § 1,
adopted 2002)
3413: SERVICE OF ABATEMENT ORDER:
Upon issuance of the city council's written decision, the city manager/designee shall post a copy
thereof conspicuously on the premises involved and shall serve a copy upon the record owner by
first class mail and one copy shall be mailed to each of the following if known to the department
head or disclosed from official public records: the holder of any mortgage or deed of trust or
other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of
any other estate or legal interest of record in the premises. (Ord. 1039, §1, adopted 2002)
3414: ABATEMENT IN CONJUNCTION WITH ORDER:
The property owner, or person having charge or control of the property, may at his own expense,
abate the nuisance as prescribed by the order of the city council prior to the expiration of the
abatement period set forth in the order. If the nuisance has been inspected by the city and had
been abated in accordance with the order, proceedings shall be terminated. (Ord. 1039, § 1,
adopted 2002)
3415: EXTENSION OF COMPLETION DATE:
Upon receipt of an application from the person required to conform to the order by a date
fixed in the order, and an agreement by such person that he or she will comply with the order
if allowed additional time, the city manager/designee may, in his or her discretion, grant an
extension of time, not to exceed an additional one hundred twenty (120) days, within which
to complete such abatement, if the city manager/designee determines that such an extension
of time will not create or perpetuate a situation imminently dangerous to life or property, and
is otherwise in the public interest.
The authority of the city manager/designee to extend time is limited to the physical
abatement of the nuisance or for such other purposes as may be reasonably required by the
cimumstances of the case, but such extension will not in any way affect or extend the time to
legally challenge the order. (Ord. 1039, § 1, adopted 2002)
3416: ENFORCEMENT OF ABATEMENT ORDER:
After any notice and order issued pursuant to this chapter shall have become final, no person
to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any
person who fails to comply with any such order or decision after notice thereof is guilty of a
misdemeanor.
If, after any notice and order has become final, the person(s) to whom such order has been
directed shall fail, neglect or refuse to obey such order after notice thereof, the city
manager/designee may, without further notice:
1. Refer the person for criminal prosecution;
2. Institute an appropriate action to abate the conditions that constitute a public nuisance.
The city manager or his designee may cause the same to be abated by city fomes or a private
contractor.
3. Whenever the city manager or his designee determines that a public nuisance is so
imminently dangerous to life or adjacent property that such condition must be immediately
removed, repaired or isolated, the city manager/designee shall notify such person, or persons,
of the danger involved and require that such condition be immediately removed, repaired or
isolated so as to preclude harm to any person or property.
a. Notice: The city manager or his/her designee shall attempt to make contact through a
personal interview, or by telephone, with the owner of the property or the person, if any,
occupying or otherwise in real or apparent charge of the property. The city
manager/designee shall notify such person, or persons, of the danger involved and require
that such condition be immediately removed, repaired or isolated so as to preclude harm
to any person or property.
b. Abatement: If the city manager or his/her designee is unable to make contact as
hereinabove noted, or if the appropriate persons after notification by the city manager or
his designee do not take action within such time as may be specified by such official, then
the city manager/designee may take all actions deemed necessary in order to protect the
public from harm to remove, repair or isolate such dangerous condition or conditions,
with the use of city forces or a contractor engaged pursuant to the provisions of this
chapter. (Ord. 1039, § l, adopted 2002)
3417: RECORD OF ABATEMENT COSTS:
A. If abatement action is taken by the city, all costs of the abatement will be assessed against
the property and will attach as a lien until paid.
Costs of expenses for which the city may be reimbursed shall begin to accrue at the time the
city first receives a complaint regarding a problem on the property.
The costs of abatement shall include the total city cost of inspections and enforcement
(excluding the actual costs of abatement which shall be itemized as set forth in subsection B
of this section), which shall be set by resolution of the city council. An additional fee which
shall be set by resolution of the city council shall be imposed on the owner of the property at
the conclusion of any matter in which a notice and order has been issued. This termination
fee shall be calculated to recover the cost of closing the file, removing or placing liens, and
other associated administrative costs. Costs shall be assessed at the conclusion of the
abatement provided, however, in the case of the abatement by any method which takes more
than six (6) months, costs may be assessed at any time after six (6) months, but in no event
more than two (2) times a year.
Costs and expenses may be recovered even if the nuisance is corrected voluntarily,
subsequent to the issuance of an abatement order. No fees shall be due and owing if an
appeal is filed and the appeal is sustained. All fees shall be a personal obligation of the
owner and a lien upon the property and are due and payable within thirty (30) days of
issuance of the notice and order or closing of the file respectively; provided that if an appeal
is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not
paid within that time shall be payable to the city.
The city manager/designee shall keep an account of the costs (including incidental expenses)
of abating such nuisance on each separate lot or parcel of land where the work is done and
shall render an itemized billing to the property owner which shall be due and payable within
thirty (30) days. If the owner refuses or neglects to pay the bill, an itemized report in writing
shall be made to the city council showing the cost of abatement and the rehabilitation,
demolishing or repairing of said premises, building or structures, including any salvage
value relating thereto; provided, that before said report is submitted to the city council a
copy of the same shall be mailed together with a notice of the time when said report shall be
heard by the city council for confirmation.
C. The city council shall set the matter for heating to determine the correctness or
reasonableness, or both, of such costs, and shall serve notice thereof.
Proof of said service shall be made by declaration under penalty of perjury filed with the city
clerk. (Ord. 1039, §1, adopted 2002)
3418: ABATEMENT COST HEARING AND PROCEEDINGS:
At the time and place fixed for receiving and considering the report, the city council shall hear
and pass upon the reports of such costs of abatement, together with any objections or protests
raised by any of the persons liable to be assessed for the cost of abating the nuisance.
Thereupon, the city council may make such revision, correction or modification in the report, as
it may deem just, after which, by motion, the report, as submitted or as revised, corrected or
modified, shall be confirmed. The heating may be continued from time to time. The decision of
the city council on all protests and objections which may be made shall be final and conclusive.
(Ord. i039, §1, adopted 2002)
3419: NUISANCE ABATEMENT LIEN:
If the nuisance abatement and related administrative costs are not paid within five (5) days
after the city council confirms the costs of abatement, the city shall notify the owner of
record of the parcel of land on which the nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current, that a nuisance
abatement lien will be recorded. The notice shall specify the amount of the lien, the name of
the city, the date of the abatement order, the street address, the legal description and the
assessor's parcel number of the parcel on which the lien is imposed, and the name and
address of the owner of the parcel. The notice shall be served in the same manner as a
summons in a civil action in accordance with article 3 (commencing with section 415.10) of
chapter 4 of title 5 of part 2 of the Code of Civil Procedure. If the owner of record after
diligent search cannot be found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period often (10) days and publication thereof in
a newspaper of general circulation published in Mendocino County pursuant to section 6062
of the Government Code. The notice of lien shall be in substantially the form provided in
subsection 3420B of this chapter.
After notice is given in accordance with subsection A of this section, the notice of lien shall
be recorded in the Mendocino County recorder's office and shall thereafter constitute a lien
on the real property for the expense of the abatement, and the related administrative costs
(assessed in accordance with subsection 3417A of this chapter) together with interest
thereon.
In the event the lien is discharged, released or satisfied, either through payment or
foreclosure, notice of the discharge containing the same information as the notice of lien
shall be recorded in the Mendocino County recorder's office.
D. The city may enforce the nuisance abatement lien by an action for a money judgment. (Ord.
1039, §1, adopted 2002)
3420: ASSESSMENT COSTS:
As an altemate to the procedure set forth in section 3419 of this chapter, the city may use a
special assessment procedure to collect the abatement costs. The total cost for abating such
nuisance, as so confirmed by the city council, shall constitute a special assessment against
the respective lot or parcel of land to which it relates, and upon recordation in the office of
the county recorder ora notice of lien, as so made and confirmed, shall constitute a lien on
said property for the amount of such assessment.
1. After such confirmation and recordation a copy may be turned over to the tax collector for
the county, whereupon it shall be the duty of the tax collector to add the amounts of the
respective assessments to the next regular tax bills levied against said respective lots and
parcels of land for municipal purposes, and thereafter said amounts shall be collected at the
same time and in the same manner as ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure under foreclosure and sale in case of
delinquency as provided of ordinary municipal taxes; or
2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner
and means provided by law.
B. Such notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
(Claim of City of Ukiah)
Pursuant to the provisions of Chapter 11 of the City of Division 3 of the City Code of Ukiah,
the City Manager (or his/her designee) of the City of Ukiah did on or about (insert date),
cause the premise hereinafter described to be rehabilitated or the building or structure on
the property hereinafter described, to be repaired or demolished in order to abate a public
nuisance on said real property; and the City Council of the City of Ukiah did on (insert
date), assess the cost of such rehabilitation, repair, or demolition upon the real property
hereinafter described; and the same has not been paid nor any part thereof; and that said
City of Ukl'ah does hereby claim a lien on such rehabilitation, repair or demolition in the
amount of said assessment, to wit: the sum of(insert amounO; and the same shall be a lien
upon said real property until the same has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain
parcel of land lying and being in the City of Ukiah, County of Mendocino, State oJ
California, and particularly described as follows:
(insert description)
DATED: (insert date)
City Manager of the City of Ukiah, California
(A CKNO WLEDGEMENT)
The city council may order a refund of all or part of the assessment paid pursuant to this
chapter if it finds that all or part of the assessment was erroneously levied. An assessment or
part thereof shall not be refunded unless a claim is filed with a city clerk within six (6)
months alter the assessment became due and payable. The claim shall be verified by the
person who paid the assessment, or the legal representative of such person. (Ord. 1039, §1,
adopted 2002)
3421: OWNER'S PERSONAL OBLIGATION:
The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute
a personal obligation of the property owner and the city manager/designee is authorized to
commence an action in the name of the city in any court of competent jurisdiction to collect
the cost of abatement from the property owner.
Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period
finding that an owner of property is responsible for a condition that may be abated in
accordance with this chapter, except for conditions abated pursuant to section 17980 of the
California Health and Safety Code, the court may order the owner to pay triple the costs of
the abatement. (Ord. 1039, §1, adopted 2002)
3422: ALTERNATIVE COLLECTION METHODS:
A civil action to foreclose a lien, the special assessment procedure and a personal action against
the owner shall not be mutually exclusive and the city shall be free to use all methods
simultaneously as long as the city does not receive multiple payment for the abatement costs.
(Ord. 1039, §1, adopted 2002)
3423: ALTERNATIVE PROCEEDINGS:
Nothing in the foregoing sections shall be deemed to prevent the city council from ordering
the city attorney to commence any appropriate civil action to abate a nuisance in addition to,
alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall
anything in this chapter be deemed to prevent the commencement ora criminal action with
respect to the nuisance in addition to, alternatively to, or in conjunction with, the
proceedings set forth in this chapter, nor shall any provision herein be deemed to prevent or
limit an action for private nuisance by any person.
Pursuant to section 38773.5 of the Government Code, in any proceeding brought to enforce
any order, the prevailing party shall be entitled to recover attorney fees, provided that,
pursuant to section 38773.5, attorney fees shall only be available in those proceedings in
which the city has provided notice at the commencement of such proceedings that it intends
to seek and recover attorney fees. The city may recover its costs and attorney fees as part of
the judgment which may be recorded as an assessment against the property and constitute a
lien thereon. This section grants specific authority to any court of competent jurisdiction to
grant an award of costs and attorney fees which may be used alternatively to, or in
conjunction with, the procedures set forth above; however, in no event may the city obtain a
double recovery. Failure of a court to award attorney fees as part of a judgment does not
preclude the city from assessing costs against the property pursuant to the procedures set
forth in this section. (Ord. 1039, §1, adopted 2002)
3424: VIOLATION - PENALTY:
Criminal Violations; Civil Penalties: Any responsible party, whether owner, lessee,
sublessor, sublessee or occupant of any premises who violates the provisions of this chapter
shall be guilty of a misdemeanor for each day such violation continues. Without limiting the
enforceability of any other statute, ordinance or regulation that may contain a different or
greater penalty under those provisions, after service of notice thereof pursuant to this chapter
any person violating the provisions of this chapter shall be subject to a civil action to abate
or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation
concerning property that is located in a commercially zoned district as authorized by articles
6, 7, and 8 of this code (as amended or supplanted) of not less than one hundred fifty dollars
($150.00) or more than two thousand five hundred dollars ($2,500.00) for each day the
violation continues. The city attorney may pursue any lawful civil remedy and civil penalties
brought to enforce any provisions of this chapter.
Administrative Penalties: In addition to criminal sanctions, civil penalties provided in this
section, and other remedies set forth in this chapter, administrative penalties may be imposed
against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of
any premises in violation of any of the provisions of this chapter. Imposition, enforcement,
collection and administrative review of administrative penalties imposed shall be conducted
pursuant to this code.
Reasonable Period To Correct Violations: No administrative penalty shall be imposed for
violations of provisions of this chapter unless the owner has been provided a reasonable
period of time after notice thereof service pursuant to this chapter to correct the violation
before imposition of the penalty, except in those cases in which there is an immediate danger
to health or safety. The reasonable period for purposes of this chapter shall be thirty (30)
days from service of a notice of violation unless otherwise directed by the city council.
Abatement Interference: Any person who obstructs, impedes or interferes with any
representative, officer, employee, contractor or authorized representative of the city council
or with any representative of a city department or with any person who owns or holds any
estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated
or demolished pursuant to the provisions of this chapter when any of the aforementioned
individuals are engaged in the work of abating any nuisance as required by the provisions of
this chapter, or in performing any necessary act preliminary to or incidental to such work
authorized or directed pursuant to this chapter lawfully engaged in proceedings involving the
abatement of a nuisance is guilty of a misdemeanor. (Ord. 1039, § 1, adopted 2002)
3425: NUISANCES ENDANGERING PUBLIC HEALTH:
Whenever a nuisance endangering the public health is ascertained to exist on any premises,
or in any house or other place, the health officer shall notify, in writing, any person owning
or having control of, or acting as agent for such premises, house or other place, to abate or
remove such nuisance within a reasonable time, to be stated in such notice.
Upon the neglect or refusal of any owner, occupant, or agent, or other person having control
of such house or other place, to comply with such notice, the health officer may abate such
nuisance; and the owner, agent or occupant, or other person having control of such house or
place, in addition to the penalties provided by this chapter shall be liable to the city for the
cost of such abatement, to be recovered in a civil action in any court of competent
jurisdiction. If no person can be found upon whom to serve such notice, the health office
shall proceed to abate such nuisance at the expense of the city, at a cost of not to exceed
twenty five dollars ($25.00) per day. (Ord. 1039, § 1, adopted 2002)
ITEM NO. 10d
DATE: December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: Proposed Public Works Projects to be Funded by Measure "S"
SUMMARY: During the Budget hearing of June 2006 Council agreed with staff that the
infrastructure of the City was a priority. The Council set aside $250,000 of measure "S"
funds to fund at least one project. Staff was asked to identify infrastructure projects that
should be considered for upgrade due to attrition or as a result of an increased service
need. Staff identified four projects: 1) Traffic Signals at Perkins Street and the 101 off
ramps, 2) Drainage system along Perkins Street, 3) pavement improvements on State
Street between Henry Street, and 4) a storm drain on Clay Street west of Clay through
Dora.
BACKGROUND: In September 2006 Public Works staff brought forward the issue of
inadequate staffing in order to complete the Department's project load. As a result the
Council granted the Public Works Department's request to hire a Public Works Project
Manager. The Public Works Project Manager position will cost approximately $50,000
annually. This would leave the Public Works Department with approximately $200,000 for
a capital project. The Council asked staff to firm up the recommendation of one of the four
projects based on the discussion that took place. Some of the key items that were brought
up were that the projects should have a safety factor. Another significant discussion was
that the Council wanted staff to consider projects that did not have any other likely funding
sources, improvements that would be a one time funding, and that would benefit as many
people as possible. The Council did not want to favor one area or neighborhood over
another.
MEASURE "S" PUBLIC WORKS PROJECTS: The traffic signals at the intersections of
Perkins Street and Highway 101 off ramps have a large safety factor. This improvement
would also serve many people as this is one of the busiest intersections in the City.
However the AB 1600 fee program that is under contract with MCOG will fund
improvements both in the County and the City and it is anticipated that these signals will be
high on the priority list that is adopted by the fee program. Another issue with this
proposed improvement is that $200,000 is likely not substantial enough to provide a signal
Page 2
RECOMMENDED ACTION: Direct Staff to perform a full engineering estimate on the
Perkins Street Storm Drain and return to Council
ALTERNATIVE COUNCIL POLICY OPTIONS: Provide Staff with other direction.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Tim Eriksen, Director of Public Works / City Engineer
Tim Eriksen, Director of Public Works / City Engineer
Candace Horsley, City Manager
None
APPROVED:
Candace Horsley, C~,Manager
Page 2
Public Works Projects to be Funded by Measure "S"
December 6, 2006
at either the north or south bound ramp and would not accomplish the goal of a one time
fix.
This leaves the Perkins Street Storm Drain. As many have witnessed it does not take a
major rain storm event to significantly impact the traffic lanes on Perkins Street with
encroaching storm water runoff. There is no storm drain system from the railroad tracks to
the intersection of Orchard Avenue. This capital project would meet all the areasthat were
discussed and concerns with the Council. This improvement would improve safety, is
centrally located and would not have reoccurring expenses. From a conceptual standpoint
the improvements would be of the magnitude of the funds available.
This system could be conceptually designed in house. Staff would then prepare an
engineer's estimate to ensure that the project is viable from a cost and engineering
standpoint.
Staff is prepared to discuss any of the projects that are described in this report.
AGENDA
ITEM NO: 10e
MEETING DATE: November 6, 2006
SUMMARY REPORT
SUBJECT: DISCUSSION OF MEETING WITH THE MILLVIEW AND WILLOW
WATER DISTRICT BOARDS
Based on Council direction, staff has contacted the General Manager's of both the
Millview and Willow Water Districts. They have met with their Boards regarding a
meeting with the City Council to discuss the expanded place of use as shown in their
water applications submitted to the state. Both agency boards have agreed to meet.
Staff is returning to the Council to determine an appropriate timeframe for this meeting
and whether the Council would like to appoint representatives for these meetings or to
attempt to hold a larger meeting with the full Council and full Boards. Staff is requesting
Council direction on this issue.
RECOMMENDED ACTION: Discuss and provide direction.
ALTERNATIVE COUNCIL POLICY OPTIONS:
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
City Council
Candace Horsley, City Manager
Millview and Willow Water Districts
Approved:
Candace Horsley, City"l~lanager
ITEM NO: zza
DATE: December 6, 2006
AGENDA SU I~1 I~IARY REPORT
SUB.1ECT:
DTSCUSSZON AND ACTZON CONCERN]lNG A 1OTNT CZI'Y COUNCI'L/COUNTY
BOARD OF SUPERV'J[SORS I~tE~- i xNG TO DTSCUSS THE UKZAH VALLEY AREA
PLAN
SUMMARY: Mendocino County has invited the City Council to meet in joint session with the Board
of Supervisors to discuss the Ukiah Valley Area Plan (UVAP). The County's UVAP Professional
Consultants and Planning Team will be in attendance and will facilitate a discussion of land use and
environmental planning issues in the Valley. The purpose of the meeting will be to identify the
issues important to the City and County, increase communication, allow the public to observe the
dialog, and to continue building a team approach to regional planning in the Ukiah Valley.
The meeting date has been tentatively scheduled for Wednesday, ~lanuary 10, 2007 from 8:00 a.m.
to 1:00 p.m. in the Ukiah Valley Conference Center. This Agenda Item is intended to determine
the Council's availability to attend and participate in the meeting.
RECOt41~IENDED ACTION: Discuss a .loint UVAP meeting with the Board of Supervisors and
determine availability for such a meeting on ~lanuary :10, 2007.
ALTERNATZVE COUNCZL POLTCY OPTION: N/A
Citizen Advised: N/A
Requested by: Mendocino County
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City [vlanager
Attachments: None
APPROVED:
Candace Horsley, City Man~er
AGENDA
ITEM NO: 11c
MEETING DATE: December 6, 2006
SUMMARY REPORT
SUBJECT: POSSIBLE ADOPTION OF A RESOLUTION AMENDING THE CITY
COUNCIL MEETING PROCEDURES
SUMMARY: Councilmember Mari Rodin brought back from a League of California
Cities conference Rosenberg's Rules of Order: Simple Parliamentary Procedures for the
21st Century ("Rosenberg's Rules"). A copy of the League pamphlet explaining the
background, purpose and content of the rules is attached as Attachment 1.
As it states in the pamphlet, Supervisor Dave Rosenberg developed his rules with the
idea that rules of parliamentary procedure for local governments should be clear, "user-
friendly," and promote decisions by a majority of the governing body, while providing
reasonable protection for the rights of the minority. (See Attachment 1, p. 1.)
The City Attorney has reviewed Rosenberg's Rules and the rules of procedure which
the City Council has adopted for its meetings. The City Council rules are contained in a
document prepared by the City Clerk, based on resolutions which have been adopted
over time by the City Council. That document is entitled: City Council Meeting
RECOMMENDED ACTION; Adopt Resolution
ALTERNATIVE COUNCIL POLICY OPTIONS: Revise Resolution or take no action
FUNDING:
Amount Budqeted
Account Number
Additional Funds Requested
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
David J. Rapport, City Attorney
David J. Rapport, City Attorney
City Manager,
Attachment 1- Rosenberg's Rules of Order
Attachment 2- Procedures of Conduct of the City Council
Meetings for the City of Ukiah
Attachment 3- Proposed Resolution
Approved:
Candace Horsley, C~/
Manager
Agenda Summary Report Page 2
Rosenberg's Rules of Order November 30, 2006
Procedures ("City Council Rules"). It was last revised in July 2005. A copy is attached
as Attachment 2.
There are specific provisions in the City Council Rules which apply in the City and which
are either very similar to or not specifically addressed in Rosenberg's Rules. For
example, Rosenberg's rules refer generally to the "presiding officer," and provide
guidelines to aid the presiding officer in presiding over meetings of the governing body.
Rule 4 in the City Council Rules specifies that the mayor shall be the presiding officer
and in his or her absence, the vice mayor shall preside. That section also identifies
other powers and duties of the presiding officer, such as the power to sign documents,
swear witnesses, and establish rules for public participation at city council meetings.
(See Attachment 2, p. 3.)
Rosenberg's Rules, on the other hand, do not address these subjects, but do provide
very useful guidelines for a presiding officer. For example, Rosenberg's Rules state:
While all members of the governing body should know and
understand the rules of parliamentary procedure, it is the
chairperson (chair) who is charged with applying the rules of
conduct. The chair should be well versed in those rules,
because the chair, for all intents and purposes, makes the
final ruling on the rules. In fact, all decisions by the chair are
final, unless overruled by the governing body itself.
(Attachment 1, p. 1.)
One of the attractive features of Rosenberg's Rules is that it explains the reason behind
and the benefits of the rule in addition to stating the rule itself.
As another example, Rosenberg's Rules contain this comment about the presiding
officer:
Because the chair conducts the meeting, it is common
courtesy for the chair to take a less active role than other
members of the body in debates and discussions. (Id. at p.
1.)
The rules go on to agree with the City Council Rules that the presiding officer has full
rights of participation, but suggests that he or she should reserve comment until all other
members of the body have spoken and should refrain from making or seconding a
motion, unless he or she is convinced that no other member will do so. (Id.)
In addition to providing guidelines for the presiding officer, Rosenberg's Rules establish
a basic format for discussing agenda items (Attachment 1, pp. 1-2), and rules governing
the making and disposition of motions (Id. at pp. 2-4.) There are also rules addressing
courtesy and decorum and special notes regarding public input. (Id. at p. 5.)
Agenda Summary Report
Rosenberg's Rules of Order
Page 3
November 30, 2006
The rules regarding format put into writing the general practice of the City Council. For
the most part, these guidelines are not spelled out in the current version of the City
Council Rules.
The City Council Rules contain minimal provisions relating to motions. See Attachment
2, Section 6, pp. 6-7.) They don't specifically refer to Robert's Rules of Order for
procedures not addressed in the City Council Rules. The Rosenberg Rules are much
more extensive and are intended to replace Robert's Rules. They are simple and
straightforward.
Rosenberg divides motions into three categories: debatable motions, motions generally
not subject to debate, and motions for reconsideration, which are debatable but involve
additional special rules. There are only three motions in the first category, called "Basic
Motions": the basic motion, the motion to amend and the substitute motion.
(Attachment 1, pp. 2-3.) No more than three motions can be pending at the same time.
The rules give specific examples of how to make each type of motion.
The non-debatable motions are: motion to adjourn, motion to recess, motion to fix time
to adjourn, motion to table, which may or may not include a schedule for the return of
the item, motion to limit debate, and motion to close nominations.
Like the City Council Rules, Rosenberg's Rules treats a motion for reconsideration as a
third category of motion, which must be made at the same meeting or at the very next
one, and the motion must be made by a member who was part of the majority, voting in
favor of the motion sought to be reconsidered. (Attachment 2, pp. 4-5.) This represents
a slight change from the City Council Rules, which require the motion to made on the
same day that the action was taken, either during that session or a recessed or
adjourned session of the meeting at which the action was taken. (Attachment 2, Section
8, p. 8.)
For the most part, Rosenberg's Rules duplicate the Rules of Decorum and Rules of
Debate in the City Council Rules. (See Attachment 2, Subsections 5, II and III, pp. 4-6.)
For that reason, the proposed resolution does not adopt that portion of Rosenberg's
Rules. If they were adopted, the overlap would only create confusion.
Since the other portions of Rosenberg's Rules generally compliment the existing
provisions in Sections 4-8 of the City Council Rules, the resolution attached as
Attachment 3, does not propose to replace existing rules with new ones. Rather, the
resolution adds a new Section 3.A, which states:
Rosenberg's Rules of Order, as set forth in the
attached Exhibit A, except for that portion headed:
Courtesy and Decorum, are adopted and shall
supplement the provisions in Sections 4-8 of these
Rules. The provisions of Sections 4-8 continue to
apply to the extent they do not directly conflict with a
specific rule contained in Exhibit A.
Agenda Summary Report Page 4
Rosenberg's Rules of Order November 30, 2006
The resolution also instructs the City Clerk to update the City Council Rules with a
revision date of December 6, 2006, to include the above-quoted provision and
Rosenberg's Rules as an Exhibit A.
Staff recommends adopting the resolution which should provide useful and easy to
understand written guidelines, not currently contained in the City Council Rules.
CITY OF UKIAH
CITY COUNCIL MEETING PROCEDURES
CITY COUNCIL DECORUM
Revised 3uly 2005
TABLE OF CONTENTS
CITY COUNCIL MEETING PROCEDURES
SECTION 1. CITY COUNCIL MEETINGS ............................................................................... I
Order of Agenda ............................................................................................................ 1
Special Meetings/Time and Place/Notices ..................................................................... 1
Open to the Public/Exception ......................................................................................... 1
Closed Sessions/Disclosure of Information .................................................................... 1
SECTION 2. AGENDA ............................................................................................................ 2
Preparation and Posting of Agendas ............................................................................. 2
Order of Business .......................................................................................................... 2
SECTION3. COUNCIL CORRESPONDENCE ....................................................................... 2
Availability to the Public ................................................................................................. 2
Authority of the City Manager ......................................................................................... 2
SECTION 4. PRESIDING OFFICER ....................................................................................... 3
Powers and Duties ......................................................................................................... 3
A. Participation ........................................................................................................ 3
B. Signing of Documents ......................................................................................... 3
C. Sworn Testimony ................................................................................................. 3
D. Discussion of and Action on Agenda Items ......................................................... 3
SECTION 5. RULES OF ORDER ........................................................................................... 4
h
III.
Rules of Order/Failure to Observe ................................................................................. 4
Rules of Decorum .......................................................................................................... 4
A. Councilmembers ................................................................................................. 4
B. Employees .......................................................................................................... 5
C. Persons Addressing the Council ......................................................................... 5
D. Members of the Audience ................................................................................... 5
E. Dangerous Instruments ....................................................................................... 5
F. Rules of Decorum/Enfomement .......................................................................... 5
Rules of Debate ............................................................................................................. 6
B.
C.
D.
E.
F.
G.
Getting the Floor .................................................................................................. 6
Questioning the Staff ........................................................................................... 6
Interruptions ........................................................................................................ 6
Points of Order .................................................................................................... 6
Points of Personal Privilege ................................................................................ 6
Privilege of Closing Debate ................................................................................. 6
Limitation of Debate ............................................................................................ 6
SECTION 6. MOTIONS ........................................................................................................... 6
I. After Motions are Made and Hearings are Closed ......................................................... 7
SECTION7. VOTING PROCEDURE ...................................................................................... 7
I. Seating Arrangement for Council ................................................................................... 7
II. Question to be Stated .................................................................................................... 7
III. Registration of Votes ...................................................................................................... 7
IV. Voting Procedures/Disqualification ................................................................................ 7
V. Failure to Vote ................................................................................................................ 7
VI. Tie Votes ........................................................................................................................ 8
VII. Changing Votes/Abstention ............................................................................................ 8
SECTION 8. RECONSIDERATION OF ACTIONS .................................................................. 8
SECTION 9. PUBLIC HEARINGS ........................................................................................... 8
III.
IV.
V.
VI.
Public Hearing Defined .................................................................................................. 8
Submission of Documents ............................................................................................. 9
A. Time and Submission .......................................................................................... 9
B. Manner of Submission ......................................................................................... 9
Notice of Hearing ........................................................................................................... 9
Viewing the Site ............................................................................................................. 10
Making a Decision .......................................................................................................... 10
Conduct of Public Hearing ............................................................................................. 10
A. Order of Proof ..................................................................................................... 10
B. Time Limitations .................................................................................................. 11
C. Manner ................................................................................................................ 11
D. Spokesmen for Groups of Persons ..................................................................... 11
SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS ................................................ 11
Motions .......................................................................................................................... 11
Resolutions .................................................................................................................... 11
Ordinances ..................................................................................................................... 11
A. Reading of Ordinances ........................................................................................ 12
SECTION 11. MINUTES/PREPARATION AND CHANGES ................................................... 12
Minutes/Reading ............................................................................................................ 12
Minutes/Entry of Statements .......................................................................................... 12
Entry of Protests ............................................................................................................ 12
SECTION 12. SPECIAL COMMITTEES ................................................................................. 12
C. rT' COUNC.r/.
· ' IE rl' /VG PROCEDURE,.;
SEC~,ON 1. cTrY COUNCTL MEE'F~N~;S
I. Order of Agenda
The Ukiah City Council meets regularly on the first and third Wednesday of each month at
6:00 p.m. The Council meetings are held at the Civic Center Council Chambers, located at
300 Seminary Avenue. Consolidated Resolution Nos. 76-45, 77-44, 87-36, 87-41, 87-45,
90-53, 97-57, and 00-46 setting forth procedural guidelines for the conduct of City Council
meetings, are as follows:
I~. Special Meetings/Time and Place/Notices
Special City Council meetings may be called at any time by the Mayor or by three (3)
members of the Council by directing the City Clerk to deliver or mail a written notice to
each Councilmember, to each local newspaper of general circulation, radio and television
station requesting a notice in writing. Such notice shall be delivered personally or by mail
at least twenty-four (24) hours before the time of such meeting, as set forth in the notice.
The call and notice shall set forth the time and place of the special meeting, which may be
at a time and place different from the regular meeting time or place, and the business to
be transacted. A copy of the notice shall also be posted at or near the door to the City Hall
Council Chambers. No other business shall be considered at such meetings. Such written
notice may be dispensed with as to any Councilmember who, at or prior to the time the
meeting convenes, files with the City Council a written waiver notice. Such waiver may be
given by telegram. The written notice may also be dispensed with as to any
Councilmember who is actually present at the meeting at the time it convenes.
ZlI. Open to the Public/Exception
All regular and special meetings of the Council shall be public; provided, however, the
Council may hold closed sessions during a regular or special meeting, from which the public
may be excluded in accordance with applicable provisions of state law, including the Ralph
M. Brown Act (Government Code Sections 54950 et seq.).
~V. Closed Sessions/Disclosure of Information
No member of the Council, employee of the City, or any other person present during a
closed session of the Council, shall disclose to any person the content or substance of any
discussion that took place during such closed session unless the Council shall, by majority
vote, authorize the disclosure of such information.
- 1 -
SECT[ON 2. AGENDA
Preparation and Posting of Agendas
Except for documents or information prepared by City staff that is not available by 12:00
noon on Wednesday, but in the City Manager's judgment should be included with the
agenda prior to its delivery to members of the City Council, all reports, communications,
ordinances, resolutions, contract documents, or other matters to be submitted to the
Council at a regular meeting, shall be delivered to the City Clerk no later than 12:00 noon
on Wednesday, six (6) working days preceding the meeting. The City Clerk shall prepare
the agenda of all such matters under the direction of the City Manager. The agenda and
supporting documents shall be delivered to the members of the Council on the Friday
preceding the Wednesday Council meeting to which the agenda pertains. The agenda itself
shall be posted in a location freely accessible to the public at least 72 hours before each
regular meeting or 24 hours before any special meeting of the City Council. The agenda
must include a brief description of each item of business to be transacted or discussed at
the meeting, as well as the time and location of the meeting. The City Manager shall
review the items to be placed on the agenda and place those items which he or she
believes to be of a routine non-controversial nature and are properly documented, on for
adoption by a single motion. This item shall be the Consent Calendar, and it shall take the
request of only one Councilmember to remove an item from the Consent Calendar.
IT. Order of Business
The business of the Council and the order of its agenda shall be in such form, as the
Council may from time to time adopt by resolution.
SEC, zON 3. COUNCTL CORRESPONDENCE
T. Availability to the Public
Correspondence addressed to the Council and received by the City Clerk or any other
officer or employee of the City, shall not become a public record until received and filed by
the Council at a regular, special, or adjourned meeting of the Council. Correspondence
shall not be read aloud at a Council meeting unless requested by a majority vote of the
Council.
II. Authority of the City Manager
The City Manager is hereby authorized to open and examine all mail or other written
communications addressed to the City and to give them immediate attention to the end,
that all administrative business referred to in such communications, and not necessarily
-2-
requiring Council action, may by acted upon between Council meetings; provided, however,
mail addressed to individual Councilmembers shall not be opened without the consent of
the Councilmember.
SECTZON 4. PRESZDt'NG OFFZCER
The mayor shall be the presiding officer at all meetings of the Council. In the absence of
the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor,
the City Clerk shall call the Council to order, whereupon a temporary presiding officer shall
be elected by the Councilmembers present to serve until the arrival of the Mayor or Vice
Mayor or until adjournment. Wherever in this article the term Mayor is used, it shall apply
equally to the presiding officer as set forth in this section.
T. Powers and Duties
A. Particio~3tion: The presiding officer may move, second, debate, and vote from the
Chair.
Signina of Documents: The presiding officer shall sign all ordinances, resolutions,
contracts, and other documents necessitating his signature which were adopted in
his presence, unless he is unavailable, in which case the signature of an alternate
presiding officer may be used.
Sworn Testimony: The presiding officer may require any person addressing the
Council to be sworn as a witness and to testify under oath, and the presiding
officer shall so require, if directed to do so, by a majority vote of the Council.
Discussion of and Action on Aaenda Items: Under rules, as shall be determined
from time to time by the Mayor, the public shall be offered an opportunity to
address at the meeting, any item included on the agenda. The City Council shall
not take action on any item not appearing on the posted agenda unless: 1) a
Council majority determines that an "emergency situation", as defined herein,
exists; 2) the Council determines by a two-thirds (2/3) vote or by a unanimous
vote if less than two-thirds (2/3) of the City Council are present, that a need to
take immediate action on the item arose subsequent to the posting of the
agenda; or 3) the item was included in a properly posted agenda for a prior
meeting occurring not more than five (5) days prior to the meeting at which the
action is taken and was continued to the meeting at which the action is taken.
As used in this section "emergency" means an event that will cause a work
stoppage, severely impairing public health or safety, or a crippling disaster
severely impairing public health or safety.
-3-
SECT/ON 5. ~
In the event of questions as to procedure not set forth in this article for Council meetings,
the Chair shall be guided by the rules of general parliamentary procedure.
Rules of Order/Failure to Observe
Rules adopted to expedite the transaction of the business of the Council in an orderly
fashion shall be deemed to be procedural only, and the failure to strictly observe such
rules shall not affect the jurisdiction of the Council or invalidate any action taken at a
meeting, which is otherwise held in conformity with law.
I1[. Rules of Decorum
Councilmembers: While the Council is in session, the members shall preserve
order and decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Council, nor disturb any
member while speaking, nor refuse to obey the orders of the presiding officer.
Members of the Council shall not leave their seats during a meeting without first
obtaining the permission of the presiding officer.
Avoid
Use Formal Titles
· The Council should refer to one another formally during public
meetings as Mayor, Vice hlayor or Councilmember followed by the
individual's last name.
Practice civility and decorum in discussions and debate
· Difficult questions, tough challenges to a particular point of view, and
criticism of ideas and information are legitimate elements of a free
democracy in action. This does not allow, however, Councilmembers
to make belligerent, personal, impertinent, slanderous, threatening,
abusive, or disparaging comments. No shouting or physical actions
that could be construed as threatening will be tolerated.
Honor the role of the Choir in maintaining order
· It is the responsibility of the Chair to keep the comments of
Councilmembers on track during public meetings. Councilmembers
should honor efforts by the Chair to focus discussion on current
agenda items. If there is disagreement about the agenda or the
Chair's actions, those objections should be voiced politely and with
reason, following procedures outlined in parliamentary procedure.
personal comments that could offend other Councilmembem
If a Councilmember is personally offended by the remarks of another
Councilmember, the offended Councilmember should make notes of
the actual words used and call for a "point of personal privilege" that
challenges the other Councilmember to justify or apologize for the
-4-
language used. The Chair will maintain control of this discussion.
Demonstrate effective oroblem-soIvinq approach~
· Councilmembers have a public stage to show how individuals with
disparate points of view can find common ground and seek a
compromise that benefits the community as a whole.
Emolovees: Members of the City staff and employees shall observe the same
rules of order and decorum as are applicable to the Council. However, members
of the City staff and employees may leave their seats during a meeting without
first obtaining the permission of the presiding officer.
Persons Addressina the Council: Any person making impertinent, slanderous, or
profane remarks, or who become boisterous while addressing the Council, shall
be called to order by the presiding officer, and if such conduct continues, may, at
the discretion of the presiding officer, be ordered barred from further attendance
before the Council during that meeting.
D. Members of the Audience:
Any person in the audience who engages in disorderly conduct, such as clapping
of the hands, stamping of the feet, whistling, using profane language, yelling, or
similar demonstrations, which disturbs the peace and good order of the meeting,
or who refuses to comply with the lawful orders of the presiding officer, is guilty
of a misdemeanor under the provisions of State law, and, upon instructions from
the presiding officer, it shall be the duty of the sergeant at arms to remove such
person from the Council Chamber and to place him under arrest.
Dangerous Instruments: No person may enter the chambers of a legislative body,
as defined in Section 54852 of the Government Code of the State, or any place
where such legislative body is in session, with any firearm, weapon, or explosive
device of any nature. The provisions of this section shall not apply to authorized
peace officers or to those persons authorized by the Penal Code of the State to
carry such weapons.
Rules of Decorum/Enforcement: The Chief of Police, or such members of the
Police Department as the Chief of Police may designate, shall be sergeants at
arms of the Council and shall carry out all orders given by the presiding officer for
the purpose of maintaining order and decorum at Council meetings. Any
Councilmember may move to require the presiding officer to enforce the rules,
and the affirmative vote of a majority of the Council shall require him to do so.
-S-
III. Rules of Debate
Getting the Floor: Every Councilmember desiring to speak at a Council meeting
shall first address the Chair, gain recognition by the presiding officer, and confine
himself to the question under debate, avoiding personalities and indecorous
language.
B. Ouestionina the Staff: Every Councilmember desiring to question the City Staff
shall, after recognition by the presiding officer, address his questions to City staff.
Interruotions: A Councilmember, once recognized, shall not be interrupted when
speaking unless called to order by the presiding officer, a point of order or
personal privilege is raised by another Councilmember, or unless the speaker
chooses to yield to a question by another Councilmember. Ifa Councilmember is
called to order while speaking, he shall cease speaking until the question of order
is determined to be in order, then he may proceed. Members of the City Staff,
after recognition by the presiding officer, shall hold the floor until the completion
of their remarks or until recognition is withdrawn by the presiding officer.
Points of Order: The presiding officer shall determine all points of order, subject
to the right of any Councilmember to appeal to the Council. Tf an appeal is taken,
the question shall be, "~hall the dec/s/on of the pres/d/ng officer/~e susta/ned"? A
majority vote shall conclusively determine such question of order.
Points of Personal Privilege: The right of a Councilmember to address the Council
on a question of personal privilege shall be limited to cases in which his integrity,
character, or motives are questioned or where the welfare of the Council is
concerned. A Councilmember raising a point of personal privilege may interrupt
another Councilmember who has the floor only if the presiding officer recognizes
the privilege.
F. Privilege of Closing Delp~te: The Councilmember moving the adoption of an
ordinance, resolution, or motion shall have the privilege of closing debate.
Limitation of Debate: No Councilmember shall be permitted to speak more than
once on any particular subject until every other Councilmember desiring to do so
shall have spoken.
SECTION 6. MOTION~
A motion by any member of the Council, including the presiding officer, may not be
considered by the Council without receiving a second.
-6-
After Motions Are Made and Hearings Are Closed
After a motion has been made or a public hearing has been closed, no member of the
public shall address the Council from the audience on the matter under consideration
without first securing permission to do so by a majority vote of the Council.
SECTION 7. VOT/NG PROCEDURE
T. Seating Arrangement for Council
The Mayor shall sit in the center chair of the Council; the next senior Councilmember
(and if there is more than one of the same seniority, then by highest vote count at
that election) shall sit alternately on the left and right of the Mayor.
Question to be Stated
Upon moving the question, the presiding officer shall call for the vote which shall be
taken first from the least senior member then moving by seniority rank to the most
senior member, with Mayor voting last.
III. Registration of Votes
Any vote of the Council, including a roll call vote, may be registered by the members
by answering ''aye"for an affirmative vote or 'ho"for a negative vote upon the name
of the Councilmember.
Voting Procedure/Disqualification
Any Councilmember who is disqualified from voting on a particular matter by reason of
a conflict of interest, shall publicly state, or have the presiding officer state, the nature
of such disqualification in open meeting. A Councilmember stating such disqualification
shall not be counted as a part of a quorum, and shall be considered absent for the
purpose of determining the outcome of any vote on such matter.
V. Failure to Vote
Councilmembers present at a City Council meeting shall vote unless disqualified by
reason of a conflict of interest or where the Councilmember in good faith believes that
he or she should not vote on a measure for good cause, such as, but not limited to,
not having attended a prior meeting essential to an informed vote on the measure. A
failure to vote or an abstention shall not be counted. A measure shall pass only if it
receives "aye"votes from a majority of the Councilmembers present at the meeting,
provided a quorum is established. Councilmembers abstaining shall be counted in
determining whether a quorum is present.
-7-
V~. Tie Votes
Tie votes shall be lost motions and may be reconsidered.
V~Z.Changing Votes/Abstention
A Councilmember may change his vote only if he makes a timely request to do so
immediately following the announcement of the vote by the City Clerk and prior to the
time the next item in the order of business is taken up. A Councilmember who
publicly announces he is abstaining from voting on a particular matter shall not
subsequently be allowed to withdraw his abstention.
SECT/ON 8. RECONSIDERATTON OF ACT[ON;
A motion to reconsider any action taken by the Council may be made only on the day such
action was taken. It may be made either immediately during the same session or at
recessed or adjourned session thereof. Such motion may be made only by one of the
Councilmembers who voted with the prevailing side. The provision of this section shall not
be construed to prevent any Councilmember from making or remaking the same or any
other motion at a subsequent meeting on the Council.
SECTION 9. PUBLIC HEAR1~NGS
T. Public Hearing Defined
A public hearing is any hearing that is publicly noticed by publication in a newspaper of
general circulation, posting on affected property, or mailing to affected parties.
Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The
following is a general summary description of quasi-judicial and legislative hearings.
The discussion is not intended to change the general California law governing this
subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited
number of individual applicants, in which the City Council is legally required to make
its decision based on the evidence presented during the hearing. Examples of such
hearings include appeals from land use decisions by the Planning Commission, such as
those concerning use permits, variances, and site development permits. Generally, a
quasi-legislative decision generally is a decision to make or amend rules affecting a
whole class or large number of persons. The City Council is required to seriously
consider evidence presented during quasi-legislative hearings, but it is not legally
required to base ils decision exclusively on the evidence presented. Examples of
quasi-legislative decisions include the adoption or amendment of zoning ordinances,
general plan amendments, and other ordinances.
-8-
IT. Submission of Documents
In order to give adequate consideration to written documents, the following rules shall
apply:
Time and Submission: Any written document, whether containing factual
information or legal or policy arguments exceeding 250 words, must be submitted
to the City Clerk six (6) calendar days prior to the scheduled hearing date.
Photographs or other graphic depictions may be filed at the hearing.
1. If the submission deadline falls on a legal holiday or weekend, the document
must be submitted the last working day prior to the submission deadline.
The City Council shall exclude from the record and not consider any
document submitted after the submission deadline, unless upon a motion by
a Councilmember, a majority of the Councilmembers present at the hearing
vote to consider the document. A decision to consider a document not timely
filed shall be considered automatic grounds to continue the hearing, although
a continuance shall require a specific motion adopted by a majority of the
Councilmembers present at the meeting.
Manner of Submission: All documents must be presented to the City Clerk for
consideration at the hearing. No documents presented to the individual
Councilmembers prior to the hearing shall be considered as part of the hearing
record.
1. To be considered, an original and seven (7) copies must be filed with the City
Clerk.
Upon receipt, the City Clerk shall date stamp as received the original and all
copies. Upon request, the City Clerk will furnish the proponent of the
document with a date stamped copy. The City Clerk shall immediately
distribute copies of the submitted documents to the individual
Councilmembers, the City Manager, and the City Attorney. The City Clerk
shall retain the original and include it in the hearing record, which the City
Clerk shall compile and maintain.
IIT. Notice of Hearing
Any notice of a public hearing shall include a statement that anyone wishing the City
Council to consider a document exceeding 250 words must submit the original
document and seven (7) legible copies to the City Clerk not less than six (6) calendar
days prior to the scheduled meeting date.
-9-
Viewing the Site
In Quasi-.Judicial hearings involving specific property, it shall be the duty of all
Councilmembers to view the site prior to the hearing. At the beginning of the hearing
the Mayor shall poll the Councilmembers to establish, on the record, whether they
have viewed the site. If any Councilmember indicates that he or she has not viewed
the site, the hearing shall be continued to the next regular meeting date. ]~n viewing
the site, no Councilmember shall have any discussion with project proponents or
opponents.
In quasi-legislative public hearings involving specific property, any Councilmember
may, but are not required to, view the site. In such hearings, Councilmembers may,
but are not required to, reveal on the record whether they have viewed the site.
V. Making a Decision
In quasi-judicial hearings, the City Council shall base its decision exclusively on the
record, including documents submitted in accordance with this rule and testimony and
oral argument presented during the hearing. Any motion deciding the matter shall
include sufficient findings of fact to inform the parties of the basis on which the City
Council made its decisions, and to determine whether the decision is based on lawful
principles. Where possible, the staff report to the City Council shall include proposed
findings for the City Council consideration.
In quasi-legislative hearings, the City Council shall seriously consider all documents
submitted in compliance with this rule and testimony and oral argument presented
during the hearing. The motion deciding the matter need not include specific findings
of fact. The decision shall comply with any specific legal requirements applicable to
the particular matter.
V~. Conduct of Public Hearing
As presiding officer, the Mayor shall conduct the hearing to promote an orderly
presentation of the evidence by all parties. Subject to the following guidelines, the
Mayor shall use his or her discretion in presiding over the hearing.
Order of Proof: Generally, all those supporting an application or measure shall
present their evidence and argument first. Those opposing the application or
measure shall present their evidence and argument second. Those supporting
the measure shall be allowed some additional time for rebuttal. If, during the
rebuttal, project proponents present new argument(s) or evidence, project
opponents shall be allowed some additional time to rebut that new matter.
-10-
Time Limitations: The Mayor may impose time limitations on all those wishing to
present evidence or argument. The Mayor may prevent the presentation of
irrelevant, repetitive, or cumulative testimony or argument.
Manner: Each person desiring to address the Council shall step up to the
microphone reserved for that purpose, state his name and address for the record,
state the subject he wishes to discuss, state whom he is representing, if he
represents an organization or other persons, and unless further time is granted by
a majority vote of the Council, shall limit his remarks to five (5) minutes. All
remarks shall be addressed to the Council as a whole and not to any member
thereof.
No question shall be directed to a Councilmember or a member of the City staff
without the permission of the presiding officer.
D.SDokesmen for GrouPs of Persons: In order to expedite matters and to avoid
repetitious presentations, whenever any group of persons wishes to address the
Council on the same subject matter, it shall be proper for the presiding officer to
request that a spokesman be chosen by the group to address the Council, and in
the event additional matters are to be presented by any other member of such
group, to limit the number of such persons addressing the Council.
SECTION 10. ORDZNANCESIRESOLU'I'IONSICONTRA~T;
Official actions of the Council shall be in the form of motions, resolutions, and ordinances.
T. Motions
Motions shall be used to express decisions of the Council on routine questions or
matters of temporary importance, or to give instructions to the staff and shall be
moved, seconded, and adopted by a voice vote, unless a roll call is requested by a
Councilmember.
II. Resolutions
Resolutions shall be used to express decisions of the Council of a permanent or lasting
nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions
may be used to transfer appropriate funds within the budget or to appropriate funds.
III. Ordinances
Ordinances shall be used to adopt formal policy, in the exercise of the police power,
and in other instances required by law. The manner of introduction and adoption shall
be as provided, as stated in the Resolution section above.
-11 -
ReedinQ of Ordinances: At the time of the second reading of an ordinance, it
shall be read in full, unless after the reading of the title thereof, the further
reading thereof is waived by the unanimous consent of all the Councilmembers
present. The waiver of the reading of such ordinance shall be accomplished by
regular motion adopted by a unanimous vote of the Councilmembers present.
SECT/ON 11. MZNUTES/PREPARAT~ON AND CHANQ~
The City Clerk shall have the exclusive responsibility for the preparation of the minutes of
Council meetings, and any directions for changes in the minutes shall be made only by a
majority action of the Council.
Minutes/Reading
Unless the reading of the minutes of a Council meeting is ordered by a majority vote
of the Council, such minutes may be approved without reading, if the City Clerk has
previously furnished each Councilmember with a copy.
Minutes/Entry of Statements
A Councilmember may request through the presiding officer of a Council meeting, the
privilege of having an abstract of the statement of such Councilmember on any subject
under consideration by the Council entered in the minutes. If the Council consents
thereto, such statement shall be inserted in the minutes.
Ill. Entry of Protests
Any Councilmember shall have the right to have the reasons for his dissent from, or his
protest against, any action of the Council entered in the minutes, and shall be made in
the following manner: ,,,r would//ke the m/nutes to show that ! am opposed to th/s
act/on for the fo#owing reasons..."
SECTZON 12. SPEC~I~.L COMMI'DrEES
All special Council committees shall be appointed by the presiding officer with a majority
consent of the Council. Such committees shall be temporary in tenure and shall
automatically be discharged upon the completion of their charge, or upon an order of the
presiding officer or majority of the Council.
-12-
CITY COUNCIL DECORUM
SECTION 1. OVERVIEW OF ROLES AND RESPONSIBILITIES ........................................... 13
Mayor ........................................................................................................................... 13
Vice Mayor .................................................................................................................... 13
All Councilmembers ....................................................................................................... 13
SECTION 2. COUNCIL CONDUCT WITH CITY STAFF .......................................................... 13
I. Treat all staff as professionals ....................................................................................... 13
II. Limit contact to specific City staff ................................................................................... 14
III. Do not disrupt City staff from their jobs .......................................................................... 14
IV. Never publicly criticize an individual employee .............................................................. 14
V. Do not get involved in administrative functions .............................................................. 14
VI. Check with City staff regarding correspondence before taking action ............................ 14
VII. Do not attend unofficial meetings with staff unless required by staff or
prearranged ................................................................................................................. 14
VIII. Limit requests for staff support ....................................................................................... 15
SECTION 3. COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES ................................ 15
Be clear about representing the City or personal interests ............................................. 15
Correspondence should be equally clear regarding representation ............................... 15
SECTION 4. COUNCIL CONDUCT WITH THE PUBLIC ......................................................... 16
In unofficial settinqs: Make no promises on behalf of the Council ................................. 16
In public meetinqs: See Rules of Order, section 5.Il.D, below ...................................... 16
Revised July 2005
CITY COUNCIl. DECORUI
SECTLON 1. OVERVZEW OF ROLES AND RESPONSTBi'LTrZES
I. Mayor
· Chairs City Council meetings
· Maintains order, decorum, and the fair and equitable treatment of all speakers
· Keeps discussion and questions focused on specific agenda item under consideration
· Selects substitute for City representation when Mayor cannot attend
· Determines appropriateness of proclamations, Special Orders of the Day, etc.
· Leads the Council as an effective, cohesive working team
· Recognized as spokesperson for the City
· Acts as the official head of the City for ceremonial purposes
· Signs documents on behalf of the City
II. Vice Mayor
· Performs the duties of the Mayor if the Mayor is absent or disabled
· Chairs Council meetings at the request of the Mayor
· Represents the City at ceremonial functions at the request of the Mayor
IlL All Councilmembers
All members of the City Council, including those serving as Mayor and Vice Mayor, have
equal votes. No Councilmember has more power than any other Councilmemper, and all
should be treated with equal respect.
SECTZON 2. COUNCZL CONDUCT WI'I'H CITY STAFF
Governance of a city relies on the cooperative efforts of elected officials, who set policy, and City
staff, who implement and administer Council's policies. Therefore, every effort should be made to
be cooperative and show mutual respect for the contributions made by each individual for the good
of the community.
I. Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is
expected. Poor behavior toward staff is not acceptable.
II. Limit contact to specific City staff
Questions of City staff and/or requests for information should be directed to the City Manager. If a
request will require substantial time commitment of staff, the City Manager will first request
Council's approval,
13
Requests for follow-up or directions to staff should be made only through the City Manager. When
in doubt about what staff contact is appropriate, Councilmembers should ask the City Manager for
direction, Materials supplied to a Councilmember in response to a request may be sent to all
members of the Council so that all have equal access to information.
III. Do not disrupt City staff from their jobs
Councilmembers should not disrupt City staff while they are in meetings, on the phone, or involved
in performing their job functions. An appointment can be made, if the staff cannot meet
immediately.
IV. Never publicly criticize an individual employee
Council should refrain from publicly criticizing the performance of a City employee. Additionally,
Councilmembers should avoid criticizing or challenging the employee directly. Comments about staff
performance are to be made to the employee's Director or to the City Manager.
Do not get involved in administrative functions
Councilmembers must not attempt to influence City staff regarding awarding contracts, selecting
consultants, processing development applications, or granting City licenses and permits.
VI. Check with City staff regarding correspondence before taking action
Before sending correspondence, Councilmembers should check with the City Manager to see if an
official City response has already been sent or assure an individual response does not contradict a
City response.
VII.
Do not attend unofficial meetings with staff unless requested by staff or pre-
arranged
Councilmember presence at such meetings may imply support, show partiality, intimidate staff, and
hamper staff's ability to do their job objectively.
VIII. Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. The City Clerk will copy the City
Manager on Council mail that requires action, and the City Manager's response will be copied to the
Council.
Requests for additional staff support, even in high priority or emergency situations, should be made
to the City Manager, who is responsible for allocating City resources in order to maintain a
professional, well-run City government.
SECTION 3. COUNCIL CONDUCT WTrH OTHER PUBLIC AGENCZES
I. Be clear about representing the City or personal interests
If a Councilmember appears before another governmental agency or organization to give a
statement on an issue, the Councilmember must clearly state: l) if his or her statement reflects
personal opinion or is the official stance of the City; and 2) whether this is the majority or minority
opinion of the Council.
If the Councilmember is representing the City, the Councilmember must support and advocate the
official City position on an issue, not a personal viewpoint.
If the Councilmember is representing another organization whose position is different from the City,
the Councilmember should withdraw from voting on the issue if it significantly impacts or is
detrimental to the City's interest. Council-members should be clear about which organization they
represent and inform the Mayor and Council of their involvement.
II. Correspondence should be equally clear regarding representation
City letterhead may be used when the Councilmember is representing the City and the City's official
position. A copy of official correspondence should be given to the City Clerk to be filed in the
Council Office as part of the permanent public record.
It is best that the City letterhead not be used for correspondence of Councilmembers representing a
personal request by a public member, a personal point of view, or a dissenting point of view from an
official Council position. However, should Councilmembers use City letterhead to express a personal
opinion, the official City position must be stated clearly so the reader understands the difference
between the official City position and the minor viewpoint of the Councilmember.
SECTION 4. COUNCIL CONDUCT WITH THE PUBLIC
I. ' ' : Hake no promises on behalf of the Council
Councilmembers will frequently be asked to explain a Council action or to express the City's
intentions as they meet and talk with constituents in the community. It is appropriate to give a brief
overview of City policy and to refer to City staff for further information. It is inappropriate to overtly
or implicitly promise City action, or to promise City staff will take
specific action (fix a pothole, provide labor for a project, plant new flowers in the median, etc.).
II.
~LI~: See Rules of Order~ Section 5.II.D, of"City Council Meeting
Pnx:edures~
Revised 3uly 2005
15
Agenda Summary Report
Rosenberg's Rules of Order
Attachment
November 30, 2006
A'I'rACHMENT 3
RESOLUTION NO. __
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADOPTING A NEW SECTION 3.A, WHICH
MODIFIES SECTIONS 4-8, OF THE PROCEDURES OF
CONDUCT OF THE CITY COUNCIL MEETINGS FOR
THE CITY OF UKIAH TO INCLUDE ROSENBERG'S
RULES OF ORDER: SIMPLE PARLIMENTARY
PROCEDURES FOR THE 21sT CENTURY
WHEREAS,
1. The City Council has adopted Procedures of Conduct of the City Council Meetings for the
City of Ukiah ("Rules"), which were last revised on June 21, 2000; and
2. The Rules govern many aspects of City Council meetings, including in Section 4, the duties
and responsibilities of the presiding officer, in Section 5, Rules of Order, in Section 6, Motions,
in Section 7, Voting Procedure, and in Section 8, Reconsideration of Actions; and
3. In the past, there has been some confusion on the precise role the presiding officer should
play at City Council meetings and on the making and disposition of motions; and
4. Dave Rosenberg, a supervisor in Yolo County, has developed a simplified alternative to
RobeWs Rules of Order for use by local government governing bodies, such as a city council,
which provides general guidelines for a presiding officer at the meeting, such as the mayor on
the Ukiah City Council, a basic format for discussing agenda items, and rules for making and
disposing of motions, including motions to reconsider an item; and
5. Rosenberg's Rules of Order are written in plain English and are simple and straightfonvard;
and
6. City Council meetings should benefit from the use of Rosenberg's Rules of Order. They
contain more specific guidelines than are contained in the Rules. Since they are easy to
understand and to apply, city council members are more likely to use them, which should
promote the efficiency and focus of the meetings;
NOW, THEREFORE, the City Council of the City of Ukiah hereby resolves as follows:
1. A new Section 3.A is hereby added to the Rules to read as follows:
Rosenberg's Rules of Order, as set forth in the attached
Exhibit A, except for that portion headed: Courtesy and
Decorum, are adopted and shall supplement the provisions
Agenda Summary Report
Rosenberg's Rules of Order
Page 6
November 30, 2006
in Sections 4-8 of these Rules. The provisions of Sections 4-
8 continue to apply to the extent they do not directly
conflict with a specific role contained in Exhibit A.
2. The City Clerk is directed to prepare and distribute to City Council members, staff and the
general public a revised pamphlet entitled: "Procedures of Conduct of the City Council Meetings
for the City of Ukiah, Revised as of December 6, 2006," which includes the Section 3.A, and
Exhibit A, adopted by this Resolution.
PASSED AND ADOPTED on December 6, 2006, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
,Mawr
Gail Petersen, City Clerk
ITEM NO: lla
DATE: December 6, 2006
AGENDA SUMMARY REPORT
SUB.1ECT:
DISCUSSION AND A~ i xON CONCERNING A.1OINT CZl'Y COUNCIL/COUNTY
BOARD OF SUPERVISORS MEETING TO DISCUSS THE U K~a,H VALLEY AREA
PLAN
SUMMARY: Mendocino County has invited the City Council to meet in joint session with the Board
of Supervisors to discuss the Ukiah Valley Area Plan (UVAP). The County's UVAP Professional
Consultants and Planning Team will be in attendance and will facilitate a discussion of land use and
environmental planning issues in the Valley. The purpose of the meeting will be to identify the
issues important to the City and County, increase communication, allow the public to observe the
dialog, and to continue building a team approach to regional planning in the Ukiah Valley.
The meeting date has been tentatively scheduled for Wednesday, January 10, 2007 from 8:00 a.m.
to 1:00 p.m. in the Ukiah Valley Conference Center. This Agenda Item is intended to determine
the Council's availability to attend and participate in the meeting.
RECOMMENDED ACT/ON: Discuss a Joint UVAP meeting with the Board of Supervisors and
determine availability for such a meeting on .lanuary 10, 2007.
ALTERNATIVE COUNCIL POLICY OFT/ON: N/A
Citizen Advised: N/A
Requested by: Mendocino County
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments: None
APPROVED:
Candace Horsley,'Ci~ Manager
Item No.: 11b
Date: December 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: UPDATE REGARDING "FUND 699 - SPECIAL PROJECTS RESERVE"
On September 20, 2006 the Council was presented with the current 699 funds from the
2006/2007 Budget. Staff was asked to review these funds and update the Council on
the 699 projects as far as schedule and future funding requirements in order to
complete the projects.
Fund 699 was established as a mechanism to earmark General Fund moneys for large
ticket, long term high priority projects. As part of the 2006/2007 Budget authorization,
Council approved continuing to hold a sum of approximately $3.1 million in reserve in
Fund 699 for special projects.
Attached is the 2006/2007 Budget page 338 (Attachment 1) as well as 699 Special
Project Reserve Fund Description (Attachment 2). The latter includes a description and
the current funds as well as a probable schedule and the estimated funds necessary to
complete the project.
Staff will be prepared to discuss the various projects and answer any questions the
Council may have.
RECOMMENDED ACTION: Review and discuss
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A.
Requested by:
Prepared by: Tim Eriksen, Director of Public Works ! City Engineer and Sage
Sangiacomo, Director of Community Services
Coordinated with: Candace Horsley, City Manager
Attachments: 1) Budget Sheet 2006/2007 Fund 699 Page 338
2) 699 Special Project Reserve Fund Description
APPROVED:
Candace Horsley, City Manager
ATTACHMENT
n
g
Affachment # ~..~_
699 Special Project Reserve Fund Descriptions
Grant Match Expenditures (699.260.001) - Established to provide matching funds for
various grant projects. For competitive grant applications, the fund reserve demonstrates
the City's financial capacity and readiness to complete projects.
Budgeted Balance in the 699 Fund: $70,000
Estimated Project Cost: N/A
Project Timeline: Ongoing
Funding Recommendation: The necessity for additional funding will depend on the future
success of Council approved grant applications for various projects and their respective
match components.
Anton Stadium Repair (699.260.003) - Anton Stadium has aged beyond that of routine
maintenance and requires significant renovation in order to accommodate continued
usage. Project components include field upgrades (dugouts, drainage, and batting cage),
resurfacing and lining the parking lot, pedestrian and ADA accessibility upgrades (stairs,
walkways, ramps and drinking fountains), and major reconstruction of the grandstand
facility.
Budgeted Balance in the 699 Fund: $75,000
Estimated Project Cost: $714,857
Project Timeline: June 2005 - August 2007
Funding Recommendation: At this time, the need for additional City funding is unknown
and is contingent on the amount of funds raised through other sources including grants
and donations. Currently, the City has received $500,000 in grant funding.
Playground Equipment (699.260.004) - Park amenities including but not limited to
playgrounds, tables, tennis courts, benches, bathrooms, and pathways must be
replaced/renovated routinely to maintain an acceptable standard for public use.
Budgeted Balance in the 699 Fund: $50,000
Estimated Project Cost: N/A
Project Timeline: Ongoing
Funding Recommendation: Given the current inventory of amenities throughout the
City's park system, an ongoing $20,000 per year capital contribution for amenity
renovation/replacement is recommended to maintain current services/standards.
Observatory Park Buildings (699.260.007) - Renovation of 5 structures at Observatory
Park including house, office, observation, and two sheds. The renovation will need to
include interior/exterior painting, roofing, and repair to interior walls.
Budgeted Balance in the 699 Fund: $80,000
Estimated Project Cost: Unknown
Project Timeline: Repair of the house roof and renovation of the
four historical buildings (office, observation, and
two sheds) is in progress. Renovation of house
is contingent on the development of a use plan.
Funding Recommendation: Additional funding is contingent on the approved use plan for
the facility. The use plan has been referred to the Parks, Recreation and Golf
Commission for development.
Todd Grove Picnic Area (699.260.044) - The Todd Grove Park BBQ area is severely
degraded and requires renovation. The scope of the project consists of new hardscape,
seating, BBQ facilities, and shade structure.
Budgeted Balance in the 699 Fund: $30,000
Estimated Project Cost: $50,000
Project Timeline: Spring 2007
Funding Recommendation: In the FY 06/07 Budget, an additional $20,000 was approved
in the Parks Division 800 Account. Total funds available for this project are $50,000 and
no additional funds are needed at this time.
Sidewalk Repair Contribution (699.260.009) - Funding for the Residential Program.
Budgeted Balance in the 699 Fund: $39,365
Estimated Project Cost: Will be identified in the city wide ADA Study
Project Timeline: Ongoing
Funding Recommendation: Estimated funding required for full ADA compliance including
all missing sidewalks will likely total over $5 million.
ADA Ramps (699.260.010) -Various ramps will be constructed pending the results of
our ADA study that is going to be complete this winter 2006.
Budgeted Balance in the 699 Fund: $147,318
Estimated Project Cost: Will be identified in the city wide ADA Study
Project Timeline: Ongoing
Funding Recommendation: Estimated funding required for full ADA compliance including
all missing sidewalks will likely total over $5 million.
Bridge Replacements (699.260.011) -Waugh Lane and Orr Street Bridge Replacement.
Budgeted Balance in the 699 Fund: $129,498
Estimated Project Cost: 1.25 million
Project Timeline: Ongoing
Funding Recommendation: (one million dollars for construction). However, an extra
$250,000 would be necessary for land acquisition at the Waugh Lane site. Other variable
that may enter into the funding would be the fate of the Orr Street Bridge once the
Orchard Avenue Bridge is constructed.
Drainage Upgrade Study (1) (699.260.012) -Phase 1 of the master drainage study and
plan for the City to replace the 1958 Brown and Caldwell Study. This phase includes
creation of the RFP and data collection.
Budgeted Balance in the 699 Fund: $50,000
Estimated Project Cost: $50,000
Project Timeline: Spring 2007
10. Talmage Road Bike /Ped Improvements (699.260.013) - Improvements for Bike and
Peal path along Talmage or along Doolan creek.
Budgeted Balance in the 699 Fund: $70,000
Estimated Project Cost: $100,000
Project Timeline: Summer 2007
Funding Recommendation: Estimated funding: $100,000 variable of path location will
dramatically alter estimate. Depends on the results of the Cai Trans relinquishment plan.
11. Airport Park Blvd (699.260.014) - Ongoing fund for various phases of continued
reconstruction of Airport Park Blvd.
Budgeted Balance in the 699 Fund: $4,476
Estimated Project Cost: $250,000
Project Timeline: Ongoing
Funding Recommendation: Several areas of this road have deteriorated sooner than
would be expected. Many area need to be reconstructed. Engineering analysis has not
been performed.
2
12. Open Space Acquisition (699.260.015) - This account was created to provide funds for
the future acquisition and development of open space.
Budgeted Balance in the 699 Fund: $175,980
Estimated Project Cost: Unknown
Project Timeline: Ongoing
Funding Recommendation: The acquisition of open space is contingent on the
identification of suitable property and Council's approval. The need for additional funding
at this time is unknown.
13. Match for Bicycle Lane BTA Grant (699.260.016) - Grant match requirement for the
development of the Oak Manor Trail. (Estimated funds needed: $30,000)
Budgeted Balance in the 699 Fund: $5,000
Estimated Project Cost: 30,000
Project Timeline: Summer 2008
14. Drainage Upgrade Study (2) (699.260.018) - Phase 2 of the master drainage study and
plan for the City to replace the 1958 Brown and Caldwell Study. Phase 2 will be the
study of the selected drainage basins.
Budgeted Balance in the 699 Fund: $50,000
Estimated Project Cost: $50,000
Project Timeline: At the completion of Phase 1
15. Smith Street repairs (699.260.021) - Funds set aside for the possible coordination of
sidewalk subsidence along Smith Street.
Budgeted Balance in the 699 Fund: $27,244
Estimated Project Cost: $40,000
Project Timeline: Unknown
Funding Recommendation: This project depends on the adjacent property owner and the
plans that they have for the building abutting the sidewalk.
16. Drainage Upgrade Study (3) (699.260.023) - Phase 3 of the master drainage study and
plan for the City to replace the 1958 Brown and Caldwell Study. Phase 3 will include all
remaining areas of the City and any areas of the County that we need to consider for
possible future annexation and unincorporated areas that we should coordinated future
improvements for City benefit.
Budgeted Balance in the 699 Fund: $75,000
Estimated Project Cost: $100,000
Project Timeline: At the completion of Phase 2
17. GASB Implementation Consultants (699.260.024) - Funding for consultant to value the
City's infrastructure as required under GASB 34..
Budgeted Balance in the 699 Fund: $60,000
Estimated Project Cost: $60,000
Project Timeline: 2006/2007
18. Bench Mark Verification Study (699.260.026) - Verify and set new bench marks through
out the City in order to provide better vertical control to surveyors.
Budgeted Balance in the 699 Fund: $25,000
Estimated Project Cost: $25,000
Project Timeline: Spring 2008
3
19. Storm Drain Replacement at Mendocino Place and Yokayo School (699.260.027) -
Replace storm drain that has deteriorated away.
Budgeted Balance in the 699 Fund: $110,000
Estimated Project Cost: $200,000
Project Timeline: Summer 2008
Funding Recommendation: An Engineering analysis must be performed in this area for a
schedule of improvements.
20. Upgrade Traffic Loops (699.260.028) - Replacement for 15 Traffic detection loops at
various locations.
Budgeted Balance in the 699 Fund: $50,000
Estimated Project Cost: $60,000
Project Timeline: Summer 2008
21. Orchard Ave Extension (699.260.029) - This is for portions of Orchard Avenue and is
matching money for the EDA Grant.
Budgeted Balance in the 699 Fund: $115,000
Estimated Project Cost: $115,000
Project Timeline: Summer 2007
22. Leslie Street Gas Plant Mitigation (699.260.030) - Ongoing evaluation and mitigation of
soil contamination.
Budgeted Balance in the 699 Fund: $70,062
Estimated Project Cost: Unknown
Project Timeline: Ongoing along with the development of the
Skate Park Property.
23. Cleveland Lane Drainage (699.260.031) - These funds are set aside for the ultimate
improvement of this area which is between Cleveland Lane and Gobbi Street.
Budgeted Balance in the 699 Fund: $200,000
Estimated Project Cost: Unknown
Project Timeline: Depends on development of adjacent property.
Funding Recommendation: These improvements could be slope protection, construction
and design of a culvert or detention facilities. The variables of the solution will greatly
affect the estimate from $200,000 - $500,000.
24. Orr Creek improvements (699.260.032) - Replacement of failing retaining walls..
Budgeted Balance in the 699 Fund: $39,755
Estimated Project Cost: $100,000
Project Timeline: Summer 2008
Funding Recommendation: Engineering estimates and final estimate to be prepared
prior to plans and specifications.
25. Skate Park Property Lease (699.260.034) - This account was created to capitalize 40
years of payments for property leased by the City from North Coast Rail Authority for the
Ukiah Skate Park.
Budgeted Balance in the 699 Fund: $41,200
Estimated Project Cost: Ongoing; $3,600 per year
Project Timeline: Ongoing since 2005
Funding Recommendation: Per Council's direction, monies from the sale of the North
Fire Station are utilized to fund the lease payments.
26. Park Maintenance Yard Development (699.260.041) - Build or renovate a maintenance
yard for the Parks including office space, workshop, supply storage, and equipment
storage.
4
Budgeted Balance in the 699 Fund: $50,000
Estimated Project Cost: Unknown
Project Timeline: Ongoing
Funding Recommendation: In the FY 06/07 Budget, Council approved funding for a
facility needs study that will provide a basis to develop a budget for this project.
27. Downtown/Perkins Street Form Based Code Project (699.260.042) - Hire consultants to
create a Form Based Zoning Code for the downtown core area and Perkins Street.
Budgeted Balance in the 699 Fund: $110,000
Estimated Project Cost: $220,000
Project Timeline: 2007
Funding Recommendation: In the FY 06/07 Budget, an additional $110,000 was
approved in the Planning Division 800 Account. Total funds available for this project are
$220,000 and no additional funds are needed at this time.
28. Hydro Plant (699.260.043) - Hydroplant refurbishment.
Budgeted Balance in the 699 Fund: $400,000
Estimated Project Cost: Unknown
Project Timeline: February 2007
Funding Recommendation: Any further funding will be paid for by the Electric Utility.
29. Asset Management System (699.260.038) - Software to build a database of all the
Water/Sewer department assets and infrastructure.
Budgeted Balance in the 699 Fund: $35,000
Estimated Project Cost: Unknown
Project Timeline: 2007
Funding Recommendation: Staff is currently evaluating software options. Final project
cost is contingent on final selection of software application.
30. Facility Needs Study (699.260.039) - Evaluation of City facilities including current and
future needs assessment.
Budgeted Balance in the 699 Fund: $50,000
Estimated Project Cost: Unknown
Project Timeline: 2007
Funding Recommendations: Staff is in the process of developing a draft Request for
Proposals for professional services. Final project cost is contingent on the scope of
services and competitive bidding process.
31. Fire House & VLF Gap Bonds (699.260.040) - Remaining funds from the sale of the
North Fire Station and Gap Bonds financing to be used for 699 Fund projects as needed.
Budgeted Balance in the 699 Fund: $854,981.79
Estimated Project Cost: N/A
Project Timeline: N/A
AGENDA
ITEM NO: 11c
MEETING DATE: December 6, 2006
SUMMARY REPORT
SUBJECT: POSSIBLE ADOPTION OF A RESOLUTION AMENDING THE CITY
COUNCIL MEETING PROCEDURES
SUMMARY: Councilmember Marl Rodin brought back from a League of California
Cities conference Rosenberg's Rules of Order: Simple Parliamentary Procedures for the
21st Century ("Rosenberg's Rules"). A copy of the League pamphlet explaining the
background, purpose and content of the rules is attached as Attachment 1.
As it states in the pamphlet, Supervisor Dave Rosenberg developed his rules with the
idea that rules of parliamentary procedure for local governments should be clear, "user-
friendly," and promote decisions by a majority of the governing body, while providing
reasonable protection for the rights of the minority. (See Attachment 1, p. 1 .)
The City Attorney has reviewed Rosenberg's Rules and the rules of procedure which
the City Council has adopted for its meetings. The City Council rules are contained in a
document prepared by the City Clerk, based on resolutions which have been adopted
over time by the City Council. That document is entitled: City Council Meeting
RECOMMENDED ACTION: Adopt Resolution
ALTERNATIVE COUNCIL POLICY OPTIONS: Revise Resolution or take no action
FUNDING:
Amount Budqeted
Account Number
Additional Funds Requested
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
David J. Rapport, City Attorney
David J. Rapport, City Attorney
City Manager,
Attachment 1- Rosenberg's Rules of Order
Attachment 2- Procedures of Conduct of the City Council
Meetings for the City of Ukiah
Attachment 3- Proposed Resolution
Approved: Candace Horsley, City Manager
Agenda Summary Report Page 2
Rosenberg's Rules of Order November 30, 2006
Procedures ("City Council Rules"). It was last revised in July 2005. A copy is attached
as Attachment 2.
Thers are specific provisions in the City Council Rules which apply in the City and which
are either very similar to or not specifically addressed in Rosenberg's Rules. For
example, Rosenberg's rules refer generally to the "presiding officer," and provide
guidelines to aid the presiding officer in presiding over meetings of the governing body.
Rule 4 in the City Council Rules specifies that the mayor shall be the presiding officer
and in his or her absence, the vice mayor shall preside. That section also identifies
other powers and duties of the presiding officer, such as the power to sign documents,
swear witnesses, and establish rules for public participation at city council meetings.
(See Attachment 2, p. 3.)
Rosenberg's Rules, on the other hand, do not address these subjects, but do provide
very useful guidelines for a presiding officer. For example, Rosenberg's Rules state:
While all members of the governing body should know and
understand the rules of parliamentary procedure, it is the
chairperson (chair) who is charged with applying the rules of
conduct. The chair should be well versed in those rules,
because the chair, for all intents and purposes, makes the
final ruling on the rules. In fact, all decisions by the chair are
final, unless overruled by the governing body itself.
(Attachment 1, p. 1 .)
One of the attractive features of Rosenberg's Rules is that it explains the reason behind
and the benefits of the rule in addition to stating the rule itself.
As another example, Rosenberg's Rules contain this comment about the presiding
officer:
Because the chair conducts the meeting, it is common
courtesy for the chair to take a less active role than other
members of the body in debates and discussions. (Id. at p.
1.)
The rules go on to agree with the City Council Rules that the presiding officer has full
rights of participation, but suggests that he or she should reserve comment until all other
members of the body have spoken and should refrain from making or seconding a
motion, unless he or she is convinced that no other member will do so. (Id.)
In addition to providing guidelines for the presiding officer, Rosenberg's Rules establish
a basic format for discussing agenda items (Attachment 1, pp. 1-2), and rules governing
the making and disposition of motions (Id. at pp. 2-4.) There are also rules addressing
courtesy and decorum and special notes regarding public input. (Id. at p. 5.)
Agenda Summary Report
Rosenberg's Rules of Order
Page 3
November 30, 2006
The rules regarding format put into writing the general practice of the City Council. For
the most part, these guidelines are not spelled out in the current version of the City
Council Rules.
The City Council Rules contain minimal provisions relating to motions. See Attachment
2, Section 6, pp. 6-7.) They don't specifically refer to Robert's Rules of Order for
procedures not addressed in the City Council Rules. The Rosenberg Rules are much
more extensive and are intended to replace Robert's Rules. They are simple and
straightforward.
Rosenberg divides motions into three categories: debatable motions, motions generally
not subject to debate, and motions for reconsideration, which are debatable but involve
additional special rules. There are only three motions in the first category, called "Basic
Motions": the basic motion, the motion to amend and the substitute motion.
(Attachment 1, pp. 2-3.) No more than three motions can be pending at the same time.
The rules give specific examples of how to make each type of motion.
The non-debatable motions are: motion to adjourn, motion to recess, motion to fix time
to adjourn, motion to table, which may or may not include a schedule for the return of
the item, motion to limit debate, and motion to close nominations.
Like the City Council Rules, Rosenberg's Rules treats a motion for reconsideration as a
third category of motion, which must be made at the same meeting or at the very next
one, and the motion must be made by a member who was part of the majority, voting in
favor of the motion sought to be reconsidered. (Attachment 2, pp. 4-5.) This represents
a slight change from the City Council Rules, which require the motion to made on the
same day that the action was taken, either during that session or a recessed or
adjourned session of the meeting at which the action was taken. (Attachment 2, Section
8, p. 8.)
For the most part, Rosenberg's Rules duplicate the Rules of Decorum and Rules of
Debate in the City Council Rules. (See Attachment 2, Subsections 5, II and III, pp. 4-6.)
For that reason, the proposed resolution does not adopt that portion of Rosenberg's
Rules. If they were adopted, the overlap would only create confusion.
Since the other portions of Rosenberg's Rules generally compliment the existing
provisions in Sections 4-8 of the City Council Rules, the resolution attached as
Attachment 3, does not propose to replace existing rules with new ones. Rather, the
resolution adds a new Section 3.A, which states:
Rosenberg's Rules of Order, as set forth in the
attached Exhibit A, except for that portion headed:
Courtesy and Decorum, are adopted and shall
supplement the provisions in Sections 4-8 of these
Rules. The provisions of Sections 4-8 continue to
apply to the extent they do not directly conflict with a
specific rule contained in Exhibit A.
Agenda Summary Report Page 4
Rosenberg's Rules of Order November 30, 2006
The resolution also instructs the City Clerk to update the City Council Rules with a
revision date of December 6, 2006, to include9 the above-quoted provision and
Rosenberg's Rules as an Exhibit A.
Staff recommends adopting the resolution which should provide useful and easy to
understand written guidelines, not currently contained in the City Council Rules.
Rosenberg's Rules of Order:
Simple Parliamentary
Attachment
Procedures for the 21st Century
by Dave Rosenberg
Torules of procedure at meetings
uld be simple enough for most
people to understand. Unfortunately,
that hasn't always been the case. Virtu-
ally all clubs, associations, boards, coun-
cils and bodies follow a set of rules,
Robert's Rules of Order, which are em-
bodied in a small but complex book.
Virtually no one I know has actually
read this book cover to cover.
Worse yet, the book was written for
another time and purpose. If you are
running the British Parliament, Robert's
Rules of Order is a dandy and quite use-
ful handbook. On the other hand, if
you're running a meeting ora five-
member body with a few members of
the public in attendance, a simplified
version of the rules of parliamentary
procedure is in order. Hence, the birth
of "Rosenberg's Rules of Order."
This publication covers the rules of
parliamentary procedure based on my
20 years of experience chairing meetings
in state and local government. These
rules have been simplified and slimmed
down for 21st century meetings, yet
they retain the basic tenets of order to
which we are accustomed.
"Rosenberg's Rules of Order" are sup-
ported by the following four principles:
1. Rules should establish order. The
first purpose of the rules of parlia-
mentary procedure is to establish a
framework for the orderly conduct
of meetings.
Rules should be dear. Simple rules
lead to wider understanding and
participation. Complex rules create
two classes: those who understand
and participate and those who do
not fully understand and do not
fully participate.
Rules should be user-friendly. That
is, the rules nmst be simple enough
that citizens feel they have been able
to participate in the process.
Rules should enforce the will of
the majority while protecting the
rights of the minority. The ultimate
purpose of the rules of procedure is
to encourage discussion and to facili-
tate decision-making by the body. In
a democracy, the majority rules. The
rules must enable the majority to
express itself and fashion a result,
while permitting the minority to also
express itself (but not dominate) and
fully participate in the process.
The Chairperson Should Take a
Back Seat During Discussions
While all members of the governing
body should know and understand the
rules of parliamentary procedure, it is
the chairperson (chair) who is charged
with applying the rules of conduct.
The chair should be well versed in those
There are exceptions to the general rule of free
and open debate on motions. The exceptions all
apply when there is a desire to move on.
rules, because the chair, for all intents
and purposes, makes the final ruling on
the rules. In fact, all decisions by the
chair are final unless overruled by the
governing body itself.
Because the chair conducts the meeting,
it is common courtesy for the chair to
take a less active role than other mem-
bers of the body in debates and discus-
sions. This does not mean that the chair
should not participate in the debate or
discussiom On the contrary, as a mem-
ber of the body, the chair has full rights
to participate in debates, discussions
and decision-making. The chair should,
however, strive to be the last to speak at
the discussion and debate stage, and
should not make or second a motion
unless he or she is convinced that no
other member of the body will do so.
The Basic Format for an
Agenda Item Discussion
Formal meetings normally have a written,
published agenda; informal meetings
may have only an oral or understood
agenda. In either case, the meeting is
governed by the agenda and the agenda
constitutes the body's agreed-upon road
map for the meeting. And each agenda
item can be handled by the chair in the
following basic format.
First, the chair should clearly announce
the agenda item number and should
clearly state what the subject is. The
chair should then announce the format
that will be followed.
Second, follo~ving that agenda format,
the chair should invite the appropriate
people to report on the item, including
any recommendation they might have.
The appropriate person may be the
chair, a member of the governing body,
www.cacities.org ]
Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century
a staff person, or a committee chair
chaxged with providing information
about the agenda item.
Third, the chair should ask members
of the body if they have any technical
questions for clarification. At this point,
members of the governing body may ask
clarifying questions to the people who
reported on the item, and they should
be given time to respond.
Fourth, the chair should invite public
comments or, if appropriate at a formal
meeting, open the meeting to public
input. If numerous members of the pub-
lic indicate a desire to speak to the sub-
ject, the chair may limit the time of each
public speaker. At the conclusion of the
public comments, the chair should ann-
ounce that public input has concluded
(or that the public hearing, as the case
may be, is closed).
Fifth, the chair should invite a motion
from the governing body members. The
chair should announce the name of the
member who makes the motion.
Sixth, the chair should determine if any
member of the body wishes to second
the motion. The chair should announce
the name of the member who seconds
the motion. It is normally good practice
for a motion to require a second before
proceeding with it, to ensure that it is
not just one member of the body who
is interested in a particular approach.
However, a second is not an absolute
requirement, and the chair can proceed
with consideration and a vote on the
motion even when there is no second.
This is a matter left to the discretion
of the chair.
Seventh, if the motion is made and sec-
onded, the chair should make sure every-
one understands the motion. This is
done in one of three ways:
1. The chair can ask the maker of the
motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary
or the clerk of the body to repeat
the motion.
Eighth, the chair should now invite dis-
cussion of the motion by the members
of the governing body. If there is no
desired discussion or the discussion has
ended, the chair should announce that
the body will vote on the motion. If
there has been no discussion or a very
brief discussion, the vote should proceed
immediately, and there is no need to re-
peat the motion. If there has been sub-
stantial discussion, it is normally best to
make sure everyone understands the
motion by repeating it.
Motions are made in a simple two-step
process. First, the chair recognizes the
member. Second, the member makes a
motion by preceding the member's
desired approach with the words: "I
move ..." A typical motion might be:
"[ move that we give 10 days' notice in
the future for all our meetings."
The chair usually initiates the motion by:
1. Inviting the members to make a
motion: "A motion at this time
would be in order."
Debate on policy is healthy; debate on personalities
is not. The chair has the right to cut off discussion
that is too personal, too loud or too crude.
Ninth, the chair takes a vote. Simply
asking for the "ayes" and then the "nays"
is normally sufficient. If members of the
body do not vote, then they "abstain."
Unless the rules of the body provide
otherwise or unless a super-majority is
required (as delineated later in these
rules), a simple majority determines
whether the motion passes or is defeated.
Tenth, the chair should announce the
result of the vote and should announce
what action (if any) the body has taken.
In announcing the result, the chair
should indicate the names of the mem-
bers, if any, who voted in the minority
on the motion. This announcement
might take the following form: "The
motion passes by a vote of 3-2, with
Smith and Jones dissenting. We have
passed the motion requiring 10 days'
notice for all future meetings of this
governing body."
Motions in General
Motions are the vehicles for decision-
making. It is usually best to have a mot-
ion before the governing body prior to
discussing an agenda item, to help every-
one focus on the motion before them.
2. Suggesting a motion to the members:
"A motion would be in order that we
give 10-days' notice in the future for
all our meetings."
3. Making the motion.
As noted, the chair has every right as a
member of the body to make a motion,
but normally should do so only if he or
she wishes a motion to be made but no
other member seems willing to do so.
The Three Basic Motions
Three motions are the most common:
1. The basic motion. The basic motion
is the one that puts forward a deci-
sion for consideration. A basic mot-
ion might be: "I move that we create
a five-member committee to plan
and put on our annual fundraiser."
2. The motion to amend. If a member
wants to change a basic motion that
is under discussion, he or she would
move to amend it. A motion to
amend might be: "I move that we
amend the motion to have a 10-
member committee." i motion to
amend takes the basic motion that is
before the body and seeks to change
it in some way.
2 League of California Cities
Rosenberg's Rules of Order: Simple Parliamentary Procedure far the 21st Century
3. The substitute motion. Ifa member
wants to completely do away with
the basic motion under discussion
and put a new motion before the
governing body, he or she would
"move a substitute motion." A substi-
tute motion might be: "I move a sub-
stitute motion that we cancer the
annual fundraiser this ycar."
Motions to amend and substitute mo-
tions are often confused. But they are
quite different, and so is their effect,
if passed.
A motion to amend seeks to retain the
basic motion on the floor, but to modify
ir in some way.
A substitute motion seeks to throw out
the basic motion on the floor and substi-
tute a new and different motion for it.
The decision as to whether a motion is
really a motion to amend or a substitute
motion is left to the chair. So that ifa
member makes what that member calls a
motion to amend, but the chair deter-
mines it is really a substitute motion, the
chair's designation governs.
When Multiple Motions Are Before
The Governing Body
Up to three motions may be on the floor
simultaneously. The chair may reject a
fourth motion until the three that are on
the floor have been resolved.
When two or three motions are on the
floor (after motions and seconds) at
the same time, thefirst vote should be
on the last motion made. So, for exam-
ple, assume the first motion is a basic
"motion to have a five-member commit-
tee to plan and put on our annual fund-
raiser." During the discussion of this
motion, a member might make a second
motion to "amend the main motion to
have a 10-member committee, not a
five-member committee, to plan and
put on our annual fundraiser." And per-
haps, during that discussion, a member
makes yet a third motion as a "substitute
motion that we not have an annual
fundraiser this year." The proper proce-
dure would be as follows.
First, the chair would deal with the
third (the last) motion on the floor, the
substitute motion. After discussion and
debate, a vote would be taken first on
the third motion. If the substitute
motion passes, it would be a substitute
for the basic motion and would elimi-
nate it. The first motion would be moot,
as would the second motion (which
sought to amend the first motion), and
the action on the agenda item would be
complete. No vote would be taken on
the first or second motions. On the
other hand, if the substitute motion (the
third motion)failed, the chair would
proceed to consideration of the second
(now the last) motion on the floor, the
motion to amend.
If the substitute motion failed, the
chair would then deal with the second
(now the last) motion on the floor,
the motion to amend. The discussion
and debate would focus strictly on the
amendment (should the committee be
five or 10 members). If the motion to
amend passed, the chair would now
move to consider the main motion (the
first motion) as amended. If the motion
to amend failed, the chair would now
move to consider the main motion
(the first motion) in its original format,
not amended.
To Debate or Not to Debate
The basic rule of motions is that they
are subject to discussion and debate.
Accordingly, basic motions, motions to
amend, and substitute motions are all
eligible, each in their turn, for full dis-
cussion before and by the body. The
debate can continue as long as members
of the body wish to discuss an item, sub-
ject to the decision of the chair that it is
time to move on and take action.
There are exceptions to the general rule
of free and open debate on motions. The
exceptions ali apply when there is a
desire of the body to move on. The fol-
lowing motions are not debatable (that
is, when the following motions are made
and seconded, the chair must immedi-
ately call for a vote of the body without
debate on the motion):
A motion to adjourn. This motion, if
passed, requires the body to immediately
adjourn to its next regularly scheduled
meeting. This motion requires a simple
majority vote.
A motion to recess. This motion, if
passed, requires the body to immediately
take a recess. Normally, the chair deter-
mines the length of the recess, which
may range from a few minutes to an
hour. It requires a simple majority vote.
The challenge for anyone chairing a public meet-
ing is to accommodate public input in a timely
and time-sensitive way, while maintaining steady
progress through the agenda items.
Third, the chair would now deal with
the first motion that was placed on the
floor. The original motion would either
be in its original format (five-member
committee) or, if amended, would be in
its amended format (10-member com-
mittee). And the question on the floor
for discussion and decision would be
whether a committee should plan and
put on the annual fimdraiser.
A morion to fix the time to adjourn.
This motion, if passed, requires the body
to adjourn the meeting at the specific
time set in the motion. For example, the
motion might be: "I move we adjourn
this meeting at midnight." It requires a
simple majority vote.
A motion to table. This motion, if
passed, requires discussion of the agenda
item to be halted and the agenda item to
www. cacities.org 3
Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century
be placed on "hold." The motion may
contain a specific time in which the
item can come back to the body: "I
move we table this item until our regu-
lar meeting in Octoben' Or the motion
may contain no specific time for the
return of the item, in which case a
motion to take the item off the table
and bring it back to the body will have
to be taken at a future meeting. A
motion to table an item (or to bring it
back to the body) requires a simple
majority vote.
A motion to limit debate. The most
common form of this motion is to say:
"I move the previous question" or "I
move the question" or "I call for the
question." When a member of the body
makes such a motion, the member is
really saying: "i've had enough debate.
Let's get on with the vote." When such
a motion is made, the chair should ask
for a second to the motion, stop debate,
and vote on the motion to limit debate.
The motion to limit debate requires a
t~vo-thlrds vote of the body. Note that a
motion to limit debate could include a
dine limit. For example: "I move we
limit debate on this agenda item to
15 minutes." Even in this format, the
the motion fails. If one member is ab-
sent and the vote is 3-3, the motion
still fails.
Ali morions require a simple majority,
but there are a few exceptions. Tfie
exceptions occur when the body is
taking an action that effectively cuts
off the ability of a minority of the body
to take an action or discuss an item.
These extraordinary motions require a
two-thirds majority (a super-majority)
to pass:
Motion to limit debate. Whether a
member says, "I move the previous
question," "I move the question," "l
call for the question" or "I move to limit
debate," it all amounts to an attempt to
cut off the ability of the minority to dis-
cuss an item, and it requires a two~thirds
vote to pass.
Motion to dose nominations. When
choosing officers of the body, such as the
chair, nominations are in order either
from a nominating committee or from
the floor of the body. A motion to close
nominations effectively cuts off the right
of the minority to nominate officers,
and it requires a two-thirds vote
to pass.
If you are running the British Parliament,
Robert's Rules of Order is a dandy and quite
useful handbook.
motion to limit debate requires a two-
thirds vote of the body. A similar mot-
ion is a motion to object to consideration
of an item. This motion is nor debatable,
and if passed, precludes the body from
even considering an item on the agenda.
It also requires a two-thirds vote.
Majority and Super-Majority Votes
[na democracy, decisions are made ~vith
a simple majority vote. A tie vote means
the motion fails. So in a seven-member
body, a vote of 4-3 passes the motion. A
vote of 3-3 with one abstention means
Motion to object to the consideration
ora question. Normally, such a motion
is unnecessary, because the objectionable
item can be tabled or defeated straight
up. However, when members of a body
do not even want an item on the agenda
to be considered, then such a motion
is in omen It is not debatable, and it
requires a two-thirds vote to pass.
Motion to suspend the rules. This
motion is debatable, but requires a two-
thirds vote to pass. If the body has its
own rules of order, conduct or proce-
dure, this motion allows the body to sus-
pend the rules for a particular purpose.
For example, the body (a private club)
might have a rule prohibiting the atten-
dance at meetings by non-club mem-
bers. A motion to suspend the rules
would be in order to allow a non-club
member to attend a meeting of the club
on a particular date or on a particular
agenda item.
The Motion to Reconsider
There is a special and unique motion
that requires a bit of explanation all by
itself: the motion to reconsider. A tenet
of parliamentary procedure is finality.
After vigorous discussion, debate and
a vote, there must be some closure to
the issue. And so, after a vote is taken,
the matter is deemed closed, subject
only to reopening ifa proper motion
to reconsider is made.
A motion to reconsider requires a
majority vote to pass, but there are
two special rules that apply only to
the motion to reconsider.
First is the matter of timing. A motion
to reconsider must be made at the meet-
ing where the item was first voted upon
or at the very next meeting of the body.
A motion to reconsider made at a later
time is untimely. (The body, however,
can always vote to suspend the rules
and, by a two-thirds majority, allow a
motion to reconsider to be made at
another time.)
Second, a motion to reconsider may be
made only by certain members of the
body. Accordingly, a motion to recon-
sider may be made only by a member
who voted in the majority on the origi-
nal motion. If such a member has a
change of heart, he or she may make the
motion to reconsider (any other mem-
ber of the body may second the motion).
If a member who voted in the minority
seeks to make the motion to reconsider,
it must be ruled out of order. The pur-
pose of this rule is finality. If a member
of the minority could make a motion to
reconsider, then the item could be
brought back to the body again and
again, which would defeat the purpose
of finality.
League of California Cities
Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century
If the motion to reconsider passes, then
the original matter is back before the
body, and a new original motion is in
order. The matter may be discussed and
debated as if it were on the floor for the
first time.
It is usually best to have a motion before the gov-
erning body prior to discussing an agenda item,
to help everyone focus.
Courtesy and Decorum
The rules of order are meant to create
an atmosphere where the members of
the body and the members of the public
can attend to business efficiently, fairly
and with full participation. And at the
same time, it is up to the chair and the
members of the body to maintain com-
mon courtesy and decorum. Unless the
setting is very informal, it is always best
for only one person at a time to have
the floor, and it is always best for every
lege relate to anything that would inter
fere with the normal comfort of the
meeting. For example, the room may
be too hot or too cold, or a blowing
fan might interfere with a person's
ability to hear.
Order. The proper interruption would
be: "Point of order." Again, the chair
would ask the interrupter to "state your
point." Appropriate points of order
Withdraw a motion. During debate
and discussion of a motion, the maker
of the motion on the floor, at any time,
may interrupt a speaker to withdraw
his or her motion from the floor. The
motion is immediately deemed with-
drawn, although the chair may ask the
person who seconded the motion if
he or she wishes to make the motion,
and any other member may make the
motion if properly recognized.
Motions to amend and substitute motions are
often confused. But they are quite different, and
so is their effect, if passed.
speaker to be first recognized by the
chair before proceeding to speak.
The chair should always ensure that
debate and discussion of an agenda item
focus on the item and the policy in ques-
tion, not on the personalities of the
members of the body. Debate on policy
is healthy; debate on personalities is not.
The chair has the right to cut offdiscus-
sion that is too personal, too loud or
too crude.
Debate and discussion should be fo-
cused, but free and open. in the interest
of time, the chair may, however, limit
the time allotted to speakers, including
members of the body. Can a member of
the body interrupt the speaker? The
general rule is no. There are, however,
excep-tions. A speaker may be interrupt-
ed for the following reasons:
Privilege. The proper interruption
would be: "Point of privilege." The chair
would then ask the interrupter to "state
your point." Appropriate points of privi-
relate to anything that would not be
considered appropriate conduct of the
meeting; for example, if the chair moved
on to a vote on a motion that permits
debate without allowing that discussion
or debate.
Appeal. If the chair makes a ruling that
a member of the body disagrees with,
that member may appeal the ruling of
the chair. If the motion is seconded and
after debate, if it passes by a simple
majority vote, then the ruling of the
chair is deemed reversed.
Catll for orders of the day. This is sim-
ply another way of saying, "Let's return
to the agenda." Ifa member believes that
the body has drifted from the agreed-
upon agenda, such a call may be made.
it does not require a vote, and when the
chair discovers that the agenda has not
been followed, the chair simply reminds
the body to return to the agenda item
properly before them. If the chair fails
to do so, the chair's determination may
be appealed.
Special Notes About Public Input
The rules outlined here help make meet-
ings very public-friendly. But in addi-
tion, and particularly for the chair, it is
wise to remember three special rules that
apply to each agenda item:
Rule One: Tell the public what the body
will be doing.
Rule Two: Keep the public informed
while the body is doing it.
Rule Three: When the body has acted,
tell the public what the body did.
Public input is essential to a healthy
democracy, and community participa-
tion in public meetings is an important
element of that input. The challenge for
anyone chairing a public meeting is to
accommodate public input in a timely
and time-sensitive way, while maintain-
ing steady progress through the agenda
items. The rules presented here for con-
ducting a meeting are offered as tools for
effective leadership and as a means of
developing sound public policy, t~
www.cacities.org 5
CITY OF UKIAH
CITY COUNCIL MEETING PROCEDURES
CITY COUNCIL DECORUM
Revised .luly 2005
TABLE OF CONTENTS
CITY COUNCIL MEETING PROCEDURES
SECTION 1. CITY COUNCIL MEETINGS ............................................................................... 1
Order of Agenda ............................................................................................................ 1
Special Meetings/Time and Place/Notices ..................................................................... 1
Open to the Public/Exception ......................................................................................... 1
Closed Sessions/Disclosure of Information .................................................................... 1
SECTION2. AGENDA ............................................................................................................ 2
Preparation and Posting of Agendas ............................................................................. 2
Order of Business .......................................................................................................... 2
SECTION3. COUNClLCORRESPONDENCE ....................................................................... 2
Availability to the Public ................................................................................................. 2
Authority of the City Manager ......................................................................................... 2
SECTION 4. PRESIDING OFFICER ....................................................................................... 3
Powers and Duties ......................................................................................................... 3
A. Participation ........................................................................................................ 3
B. Signing of Documents ......................................................................................... 3
C. Sworn Testimony ................................................................................................. 3
D. Discussion of and Action on Agenda Items ......................................................... 3
SECTION 5. RULES OF ORDER ........................................................................................... 4
II1.
Rules
Rules
A.
B.
C.
D.
E.
F.
Rules
A.
B.
C.
D.
E.
F.
G.
of Order/Failure to Observe ................................................................................. 4
of Decorum .......................................................................................................... 4
Councilmembers ................................................................................................. 4
Employees .......................................................................................................... 5
Persons Addressing the Council ......................................................................... 5
Members of the Audience ................................................................................... 5
Dangerous Instruments ....................................................................................... 5
Rules of Decorum/Enforcement .......................................................................... 5
of Debate ............................................................................................................. 6
Getting the Floor .................................................................................................. 6
Questioning the Staff ........................................................................................... 6
Interruptions ........................................................................................................ 6
Points of Order .................................................................................................... 6
Points of Personal Privilege ................................................................................ 6
Privilege of Closing Debate ................................................................................. 6
Limitation of Debate ............................................................................................ 6
SECTION 6. MOTIONS.. - ............................................ 6
I. After Motions are Made and Hearings are Closed ......... 7
SECTION 7. VOTING PROCEDURE ...................................................................................... 7
I. Seating Arrangement for Council
II. Question to be Stated
III. Registration of Votes ...................................................................................................... 7
IV. Voting Procedures/Disqualification ................................................................................ 7
V. Failure to Vote ................................................................................................................ 7
VI. Tie Votes .................................................................................................................... 8
VII. Chang ng Votes/Abstention ............................................................................................ 8
SECTION 8. RECONSIDERATION OF ACTIONS .................................................................. 8
SECTION 9. PUBLIC HEARINGS ........................................................................................... 8
III,
IV.
V.
VI.
Public Hearing Defined .................................................................................................. 8
Submission of Documents ............................................................................................. 9
A. Time and Submission .......................................................................................... 9
B. Manner of Submission ......................................................................................... 9
Notice of Hearing ............................................................................................... 9
V ew ng the S te ............................................................................................................. 10
Making a Decision .......................................................................................................... 10
Conduct of Public Hearing ............................................................................................. 10
A. Order of Proof ..................................................................................................... 10
B. Time Limitations
C. Manner ................................................................................................................ 11
D. Spokesmen for Groups of Persons ..................................................................... 11
SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS ................................................ 11
Motions .......................................................................................................................... 11
Resolutions .................................................................................................................... 11
Ordinances ..................................................................................................................... 11
A. Reading of Ordinances ........................................................................................ 12
SECTION 11. MINUTES/PREPARATION AND CHANGES ................................................... 12
Minutes/Reading
Minutes/Entry of Statements .......................................................................................... 12
Entry of Protests
SECTION 12. SPECIAL COMMII lEES ................................................................................. 12
¢.ETY COI. INC.[I.
HEET. rNG PROCEDURES
SECTION 1, CTTY ¢OUN(;:IL I~tEETZNGS
I, Order of Agenda
The Ukiah City Council meets regularly on the first and third Wednesday of each month at
6:00 p.m. The Council meetings are held at the Civic Center Council Chambers, located at
300 Seminary Avenue. Consolidated Resolution Nos. 76-45, 77-44, 87-36, 87-4:~, 87-45,
90-53, 97-57, and 00-46 setting forth procedural guidelines for the conduct of City Council
meetings, are as follows:
II. Special Meetings/Time and Place/Notices
Special City Council meetings may be called at any time by the Mayor or by three (3)
members of the Council by directing the City Clerk to deliver or mail a written notice to
each Councilmember, to each local newspaper of general circulation, radio and television
station requesting a notice in writing. Such notice shall be delivered personally or by mail
at least twenty-four (24) hours before the time of such meeting, as set forth in the notice.
The call and notice shall set forth the time and place of the special meeting, which may be
at a time and place different from the regular meeting time or place, and the business to
be transacted. A copy of the notice shall also be posted at or near the door to the City Hall
Council Chambers. No other business shall be considered at such meetings. Such written
notice may be dispensed with as to any Councilmember who, at or prior to the time the
meeting convenes, files with the City Council a written waiver notice. Such waiver may be
given by telegram. The written notice may also be dispensed with as to any
Councilmember who is actually present at the meeting at the time it convenes.
III. Open to the Public/Exception
All regular and special meetings of the Council shall be public; provided, however, the
Council may hold closed sessions during a regular or special meeting, from which the public
may be excluded in accordance with applicable provisions of state law, including the Ralph
M. Brown Act (Government Code Sections 54950 et seq.).
Closed Sessions/Disclosure of Information
No member of the Council, employee of the City, or any other person present during a
closed session of the Council, shall disclose to any person the content or substance of any
discussion that took place during such closed session unless the Council shall, by majority
vote, authorize the disclosure of such information.
SECTION 2. AGENDA
[. Preparation and Posting of Agendas
Except for documents or information prepared by City staff that is not available by 1 ?:00
noon on Wednesday, but in the City Manager's judgm~t should be included with The
agenda prior to its delivery to members of the City Council, all reports, communications,
ordinances, resolutions, contract documents, or other matters to be submitted to the
Council at a regular meeting, shall be delivered to the City Clerk no later than 12:00 noon
on Wednesday, six (6) working days preceding the meeting. The City Clerk shall prepare
the agenda of all such matters under the direction of the City Manager. The agenda and
supporting documents shall be delivered to the members of the Council on the Friday
preceding the Wednesday Council meeting to which the agenda pertains. The agenda itself
shall be posted in a location freely accessible to the public at least 72 hours before each
regular meeting or 24 hours before any special meeting of the City Council. The agenda
must include a brief description of each item of business to be transacted or discussed at
the meeting, as well as the time and location of the meeting. The City Manager shall
review the items to be placed on the agenda and place those items which he or she
believes to be of a routine non-controversial nature and are properly documented, on for
adoption by a single motion. This item shall be the Consent Calendar, and it shall take the
request of only one Councilmember to remove an item from the Consent Calendar.
]~I. Order of Business
The business of the Council and the order of its agenda shall be in such form, as the
Council may from time to time adopt by resolution.
SECTION 3. COUNCIL CORRE~PONDENCF
Availability to the Public
Correspondence addressed to the Council and received by the City Clerk or any other
officer or employee of the City, shall not become a public record until received and filed by
the Council at a regular, special, or adjourned meeting of the Council. Correspondence
shall not be read aloud at a Council meeting unless requested by a majority vote of the
Council.
Authority of the City Manager
The City Manager is hereby authorized to open and examine all mail or other written
communications addressed to the City and to give them immediate attention to the end,
that all administrative business referred to in such communications, and not necessarily
-2-
requiring Council action, may by acted upon between Council meetings; provided, however,
mail addressed to individual Councilmgmbers shall not be opened without the consent of
the Councilmember.
SECT1'ON 4. PRESi'DI'NG OFFZCER
The mayor shall be the presiding officer at all meetings of the Council. In the absence of
the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor,
the City Clerk shall call the Council to order, whereupon a temporary presiding officer shall
be elected by the Councilmembers present to serve until the arrival of the Hayor or Vice
Mayor or until adjournment. Wherever in this article the term Mayor is used, it shall apply
equally to the presiding officer as set forth in this section.
Powers and Duties
A. Participation: The presiding officer may move, second, debate, and vote from the
Chair.
~ments: The presiding officer shall sign all ordinances, resolutions,
contracts, and other documents necessitating his signature which were adopted in
his presence, unless he is unavailable, in which case the signature of an alternate
presiding officer may be used.
Sworn Testimony: The presiding officer may require any person addressing the
Council to be sworn as a witness and to testify under oath, and the presiding
officer shall so require, if directed to do so, by a majority vote of the Council.
Discussion of and Action on Aqend~ [tem~: Under rules, as shall be determined
from time to time by the Mayor, the public shall be offered an opportunity to
address at the meeting, any item included on the agenda. The City Council shall
not take action on any item not appearing on the posted agenda unless: l) a
Council majority determines that an "emergency situation", as defined herein,
exists; 2) the Council determines by a two-thirds (2/3) vote or by a unanimous
vote if less than two-thirds (2/3) of the City Council are present, that a need to
take immediate action on the item arose subsequent to the posting of the
agenda; or 3) the item was included in a properly posted agenda for a prior
meeting occurring not more than five (5) days prior to the meeting at which the
action is taken and was continued to the meeting at which the action is taken.
As used in this section "emergency" means an event that will cause a work
stoppage, severely impairing public health or safety, or a crippling disaster
severely impairing public health or safety.
-3-
SECT/ON 5.
In the event of questions as to procedure not set forth in this article for Council meetings,
the Chair shall be guided by the rules of general parliamentary procedure.
Rules of Order/Failure to Observe
Rules adopted to expedite the transaction of the business of the Council in an orderly
fashion shall be deemed to be procedural only, and the failure to strictly observe such
rules shall not affect the.jurisdiction of the Council or invalidate any action taken at a
meeting, which is otherwise held in conformity with law.
IT. Rules of Decorum
~bers: While the Council is in session, the members shall preserve
order and decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Council, nor disturb any
member while speaking, nor refuse to obey the orders of the presiding officer.
Members of the Council shall not leave their seats during a meeting without first
obtaining the permission of the presiding officer.
Use Formal Titles_
· The Council should refer to one another formally during public
meetings as Mayor, Vice Nayor or Councilmember followed by the
individual's last name.
Practice civili~ and decorum in discussions and debate
· Difficult questions, tough challenges to a particular point of view, and
criticism of ideas and information are legitimate elements of a free
democracy in action. This does not allow, however, Councilmembers
to make belligerent, personal, impertinent, slanderous, threatening,
abusive, or disparaging comments. No shouting or physical actions
that could be construed as threatening will be tolerated.
Honor the role of the Chair in maintaining order
· It is the responsibility of the Chair to keep the comments of
Councilmembers on track during public meetings. Councilmembers
should honor efforts by the Chair to focus discussion on current
agenda items. If there is disagreement about the agenda or the
Chair's actions, those objections should be voiced politely and with
reason, following procedures outlined in parliamentary procedure.
Avoid Personal comments that could offend other Councilmembem
· If a Councilmember is personally offended by the remarks of another
Councilmember, the offended Councilmember should make notes of
the actual words used and call for a "point of personal privilege" that
challenges the other Councilmember to justify or apologize for the
-4-
language used. The Chair will maintain control of this discussion.
Demonstrate effective problem-solving approaches
· Councilmembers have a public stage to show how individuals with
disparate points of view can find common ground and seek a
compromise that benefits the community as a whole.
Emolovees: Members of the City staff and employees shall observe the same
rules of order and decorum as are applicable to the Council. However, members
of the City staff and employees may leave their seats during a meeting without
first obtaining the permission of the presiding officer.
Persons Addressing the Council: Any person making impertinent, slanderous, or
profane remarks, or who become boisterous while addressing the Council, shall
be called to order by the presiding officer, and if such conduct continues, may, at
the discretion of the presiding officer, be ordered barred from further attendance
before the Council during that meeting.
D. Members of the Audience:
Any person in the audience who engages in disorderly conduct, such as clapping
of the hands, stamping of the feet, whistling, using profane language, yelling, or
similar demonstrations, which disturbs the peace and good order of the meeting,
or who refuses to comply with the lawful orders of the presiding officer, is guilty
of a misdemeanor under the provisions of State law, and, upon instructions from
the presiding officer, it shall be the duty of the sergeant at arms to remove such
person from the Council Chamber and to place him under arrest.
Danaerous Instruments: No person may enter the chambers of a legislative body,
as defined in Section 54852 of the Government Code of the State, or any place
where such legislative body is in session, with any firearm, weapon, or explosive
device of any nature. The provisions of this section shall not apply to authorized
peace officers or to those persons authorized by the Penal Code of the State to
carry such weapons.
Fo
Rules of Decorum/Enforcement: The Chief of Police, or such members of the
Police Department as the Chief of Police may designate, shall be sergeants at
arms of the Council and shall carry out all orders given by the presiding officer for
the purpose of maintaining order and decorum at Council meetings. Any
Councilmember may move to require the presiding officer to enforce the rules,
and the affirmative vote of a majority of the Council shall require him to do so.
-5-
III. Rules of Debate
Gettinq the Floor: Every Councilmember desiring to speak at a Council meeting
shall first address the Chair, gain recognition by the presiding officer, and confine
himself to the question under debate, avoiding personalities and indecorous
language.
B. ~: Every Councilmember desiring to question the City Staff
shall, after recognition by the presiding officer, address his questions to City staff.
Interruptions: A Councilmember, once recognized, shall not be interrupted when
speaking unless called to order by the presiding officer, a point of order or
personal privilege is raised by another Councilmember, or unless the speaker
chooses to yield to a question by another Councilmember. Ifa Councilmember is
called to order while speaking, he shall cease speaking until the question of order
is determined to be in order, then he may proceed. Members of the City Staff,
after recognition by the presiding officer, shall hold the floor until the completion
of their remarks or until recognition is withdrawn by the presiding officer.
~: The presiding officer shall determine all points of order, subject
to the right of any Councilmember to appeal to the Council. If an appeal is taken,
the question shall be, "Shall the dec/sion of the pres/d/nj7 officer be sustained"? A
majority vote shall conclusively determine such question of order.
Points of Personal Privilege: The right of a Councilmember to address the Council
on a question of personal privilege shall be limited to cases in which his integrity,
character, or motives are questioned or where the welfare of the Council is
concerned. A Councilmember raising a point of personal privilege may interrupt
another Councilmember who has the floor only if the presiding officer recognizes
the privilege.
F. Privilege of Closinq Debate: The Councilmember moving the adoption of an
ordinance, resolution, or motion shall have the privilege of closing debate.
Limi~bate.: No Councilmember shall be permitted to speak more than
once on any particular subject until every other Councilmember desiring to do so
shall have spoken.
SECTION 6. MOTIONS
A motion by any member of the Council, including the presiding officer, may not be
considered by the Council without receiving a second.
-6-
After Motions Are Made and Hearings Are Closed
After a motion has been made or a public hearing has been closed, no member of the
public shall address the Council from the audience on the matter under consideration
without first securing permission to do so by a majority vote of the Council.
SECTTON 7. VOTI~NG PROCEDURE
I. Seating Arrangement for Council
The Mayor shall sit in the center chair of the Council; the next senior Councilmember
(and if there is more than one of the same seniority, then by highest vote count at
that election) shall sit alternately on the left and right of the Mayor.
Question to be Stated
Upon moving the question, the presiding officer shall call for the vote which shall be
taken first from the least senior member then moving by seniority rank to the most
senior member, with Mayor voting last.
III. Registration of Votes
Any vote of the Council, including a roll call vote, may be registered by the members
by answering '~ye"for an affirmative vote or '~o"for a negative vote upon the name
of the Councilmember.
IV. Voting Procedure/Disqualification
Any Councilmember who is disqualified from voting on a particular matter by reason of
a conflict of interest, shall publicly state, or have the presiding officer state, the nature
of such disqualification in open meeting. A Councilmember stating such disqualification
shall not be counted as a part of a quorum, and shall be considered absent for the
purpose of determining the outcome of any vote on such matter.
V. Failure to Vote
Councilmembers present at a City Council meeting shall vote unless disqualified by
reason of a conflict of interest or where the Councilmember in good faith believes that
he or she should not vote on a measure for good cause, such as, but not limited to,
not having attended a prior meeting essential to an informed vote on the measure. A
failure to vote or an abstention shall not be counted. A measure shall pass only if it
receives '~ye"votes from a majority of the Councilmembers present at the meeting,
provided a quorum is established. Councilmembers abstaining shall be counted in
determining whether a quorum is present.
-7-
V[. Tie Votes
Tie votes shall be lost motions and may be reconsidered.
VZI.Changing Votes/Abstention
A Councilmember may change his vote only if he makes a timely request to do so
immediately following the announcement of the vote by the City Clerk and prior to the
time the next item in the order of business is taken up. A Councilmember who
publicly announces he is abstaining from voting on a particular matter shall not
subsequently be allowed to withdraw his abstention.
SECTION 8. RECONSIDERATION OF ACT1'ONR
A motion to reconsider any action taken by the Council may be made only on the day such
action was taken. It may be made either immediately during the same session or at
recessed or adjourned session thereof. Such motion may be made only by one of the
Councilmembers who voted with the prevailing side. The provision of this section shall not
be construed to prevent any Councilmember from making or remaking the same or any
other motion at a subsequent meeting on the Council.
SECT[ON 9. PUBLIC HEARINGS
Public Hearing Defined
A public hearing is any hearing that is publicly noticed by publication in a newspaper of
general circulation, posting on affected property, or mailing to affected parties.
Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The
following is a general summary description of quasi-judicial and legislative hearings.
The discussion is not intended to change the general California law governing this
subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited
number of individual applicants, in which the City Council is legally required to make
its decision based on the evidence presented during the hearing. Examples of such
hearings include appeals from land use decisions by the Planning Commission, such as
those concerning use permits, variances, and site development permits. Generally, a
quasi-legislative decision generally is a decision to make or amend rules affecting a
whole class or large number of persons. The City Council is required to seriously
consider evidence presented during quasi-legislative hearings, but it is not legally
required to base its decision exclusively on the evidence presented. Examples of
quasi-legislative decisions include the adoption or amendment of zoning ordinances,
general plan amendments, and other ordinances.
-8-
I[. Submission of Documents
In order to give adequate consideration to written documents, the following rules shall
apply:
Time and Submission: Any written document, whether containing factual
information or legal or policy arguments exceeding 250 words, must be submitted
to the Cib/ Clerk six (6) calendar days prior to the scheduled hearing date.
Photographs or other graphic depictions may be filed at the hearing.
If the submission deadline falls on a legal holiday or weekend, the document
must be submitted the last working day prior to the submission deadline.
The City Council shall exclude from the record and not consider any
document submitted after the submission deadline, unless upon a motion by
a Councilmember, a majority of the Councilmembers present at the hearing
vote to consider the document. A decision to consider a document not timely
filed shall be considered automatic grounds to continue the hearing, although
a continuance shall require a specific motion adopted by a majority of the
Councilmembers present at the meeting.
Manner of Submission: All documents must be presented to the City Clerk for
consideration at the hearing. No documents presented to the individual
Councilmembers prior to the hearing shall be considered as part of the hearing
record.
1. To be considered, an original and seven (7) copies must be filed with the City
Clerk.
Upon receipt, the City Clerk shall date stamp as received the original and all
copies. Upon request, the City Clerk will furnish the proponent of the
document with a date stamped copy. The City Clerk shall immediately
distribute copies of the submitted documents to the individual
Councilmembers, the City Manager, and the City Attorney. The City Clerk
shall retain the original and include it in the hearing record, which the City
Clerk shall compile and maintain.
III. Notice of Hearing
Any notice of a public hearing shall include a statement that anyone wishing the City
Council to consider a document exceeding 250 words must submit the original
document and seven (7) legible copies to the City Clerk not less than six (6) calendar
days prior to the scheduled meeting date.
-9-
IV, Viewing the Site
In Quasi-3udicial hearings involving specific property, it shall be the duty of all
Councilmembers to view the site prior to the hearing. At the beginning of the hearing
the Nayor shall poll the Councilmembers to establish, on the record, whether they
have viewed the site. If any Councilmember indicates that he or she has not viewed
the site, the hearing shall be continued to the next regular meeting date. In viewing
the site, no Councilmember shall have any discussion with project proponents or
opponents.
In quasi-legislative public hearings involving specific property, any Councilmember
may, but are not required to, view the site. In such hearings, Councilmembers may,
but are not required to, reveal on the record whether they have viewed the site.
V. Making a Decision
In quasi-judicial hearings, the City Council shall base its decision exclusively on the
record, including documents submitted in accordance with this rule and testimony and
oral argument presented during the hearing. Any motion deciding the matter shall
include sufficient findings of fact to inform the parties of the basis on which the City
Council made its decisions, and to determine whether the decision is based on lawful
principles. Where possible, the staff report to the City Council shall include proposed
findings for the City Council consideration.
In quasi-legislative hearings, the City Council shall seriously consider all documents
submitted in compliance with this rule and testimony and oral argument presented
during the hearing. The motion deciding the matter need not include specific findings
of fact. The decision shall comply with any specific legal requirements applicable to
the particular matter.
Conduct of Public Hearing
As presiding officer, the Mayor shall conduct the hearing to promote an orderly
presentation of the evidence by all parties. Subject to the following guidelines, the
Hayor shall use his or her discretion in presiding over the hearing.
Order of Proof: Generally, all those supporting an application or measure shall
present their evidence and argument first. Those opposing the application or
measure shall present their evidence and argument second. Those supporting
the measure shall be allowed some additional time for rebuttal. If, during the
rebuttal, project proponents present new argument(s) or evidence, project
opponents shall be allowed some additional time to rebut that new matter.
-10-
Time Limitations: The Mayor may impose time limitations on all those wishing to
present evidence or argument. The Mayor may prevent the presentation of
irrelevant, repetitive, or cumulative testimony or argument.
Manner: Each person desiring to address the Council shall step up to the
microphone reserved for that purpose, state his name and address for the record,
state the subject he wishes to discuss, state whom he is representing, if he
represents an organization or other persons, and unless further time is granted by
a majority vote of the Council, shall limit his remarks to five (5) minutes. All
remarks shall be addressed to the Council as a whole and not to any member
thereof.
No question shall be directed to a Councilmember or a member of the City staff
without the permission of the presiding officer.
D.SDokesmen for Groups of Persons: in order to expedite matters and to avoid
repetitious presentations, whenever any group of persons wishes to address the
Council on the same subject matter, it shall be proper for the presiding officer to
request that a spokesman be chosen by the group to address the Council, and in
the event additional matters are to be presented by any other member of such
group, to limit the number of such persons addressing the Council.
SECTZON 10. ORDZNANCES/RESOLUTI'ONS/CONTRACTS
Official actions of the Council shall be in the form of motions, resolutions, and ordinances.
Motions
Motions shall be used to express decisions of the Council on routine questions or
matters of temporary importance, or to give instructions to the staff and shall be
moved, seconded, and adopted by a voice vote, unless a roll call is requested by a
Councilmember.
Z~'. Resolutions
Resolutions shall be used to express decisions of the Council of a permanent or lasting
nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions
may be used to transfer appropriate funds within the budget or to appropriate funds.
III. Ordinances
Ordinances shall be used to adopt formal policy, in the exercise of the police power,
and in other instances required by law. The manner of introduction and adoption shall
be as provided, as stated in the Resolution section above.
Reading of Ordinances: At the time of the second reading of an ordinance, it
shall be read in full, unless after the reading of the title thereof, the further
reading thereof is waived by the unanimous consent of all the Councilmembers
present. The waiver of the reading of such ordinance shall be accomplished by
regular motion adopted by a unanimous vote of the Councilmembers present.
SECTI'ON 11. MTNUTES/PREPARATI'ON AND CHANGF,C;
The City Clerk shall have the exclusive responsibility for the preparation of the minutes of
Council meetings, and any directions for changes in the minutes shall be made only by a
majority action of the Council.
Minutes/Reading
Unless the reading of the minutes of a Council meeting is ordered by a majority vote
of the Council, such minutes may be approved without reading, if the City Clerk has
previously furnished each Councilmember with a copy.
Minutes/Entry of Statements
A Councilmember may request through the presiding officer of a Council meeting, the
privilege of having an abstract of the statement of such Councilmember on any subject
under consideration by the Council entered in the minutes. If the Council consents
thereto, such statement shall be inserted in the minutes.
Ill. Entry of Protests
Any Councilmember shall have the right to have the reasons for his dissent from, or his
protest against, any action of the Council entered in the minutes, and shall be made in
the following manner: ".r wou/d //ke the rn/nutes to showy that _¢ am opposed to th/s
act/on for the fo//o14//n~7 reasons..."
SECTION 12. SPECIAL COMMITrEFg
All special Council committees shall be appointed by the presiding officer with a majority
consent of the Council. Such committees shall be temporary in tenure and shall
automatically be discharged upon the completion of their charge, or upon an order of the
presiding officer or majority of the Council.
-12-
CITY COUNCIL DECORUM
SECTION 1. OVERVIEW OF ROLES AND RESPONSIBILITIES .......................................... 13
Mayor ........................................................................................................................... 13
Vice Mayor .................................................................................................................... 13
All Councilmembers ....................................................................................................... 1 3
SECTION 2. COUNCIL CONDUCT WITH CITY STAFF .......................................................... 13
I. Treat all staff as professionals ....................................................................................... 13
II. Limit contact to specific City staff ................................................................................... 14
III. Do not disrupt City staff from their jobs .......................................................................... 14
IV. Never publicly criticize an individual employee .............................................................. 14
V. Do not get involved in administrative functions .............................................................. 14
VI. Check with City staff regarding correspondence before taking action ............................ 14
VII. Do not attend unofficial meetings with staff unless required by staff er
prearranged ................................................................................................................. 14
VIII. Limit requests for staff support ....................................................................................... 15
SECTION 3. COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES ................................ 15
Be clear about representing the City or personal interests ............................................. 15
Correspondence should be equally clear regarding representation ............................... 15
SECTION 4. COUNCIL CONDUCT WITH THE PUBLIC ......................................................... 16
In unofficial settinqs: Make no promises on behalf of the Council ................................. 16
In public meetin.qs: See Rules of Order, section 5.Il.D, below ......................................16
Revised July 2005
CITY COUIIIC. 'L OE¢ORUH
SECTZON 1. OVERVTEW OF ROLES AND RESPONSZBTLZ'r~ES
I. Hayor
· Chairs City Council meetings
· Maintains order, decorum, and the fair and equitable treatment of all speakers
· Keeps discussion and questions focused on specific agenda item under consideration
· Selects substitute for City representation when Mayor cannot attend
· Determines appropriateness of proclamations, Special Orders of the Day, etc.
· Leads the Council as an effective, cohesive working team
· Recognized as spokesperson for the City
· Acts as the official head of the City for ceremonial purposes
· Signs documents on behalf of the City
II. Vice f4ayor
· Performs the duties of the Mayor if the Mayor is absent or disabled
· Chairs Council meetings at the request of the Mayor
· Represents the City at ceremonial functions at the request of the Mayor
IlL All Councilmembers
All members of the City Council, including those serving as Mayor and Vice Mayor, have
equal votes. No Councilmember has more power than any other Councilmember, and all
should be treated with equal respect.
SECTION 2. COUNCIL CONDUCT W~TH CITY STAFF
Governance of a city relies on the cooperative effort~ of elected officials, who set policy, and City
staff, who implement and administer Council's policies. Therefore, every effort should be made to
be cooperative and show mutual respect for the contributions made by each individual for the good
of the community.
I. Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is
expected. Poor behavior toward staff is not acceptable.
II. Limit contact to specific City staff
Questions of City staff and/or requests for information should be directed to the City Manager. If a
request will require substantial time commitment of staff, the City Manager will first request
Council's approval.
13
Requests for follow-up or directions to staff should be made only through the City Manager. When
in doubt about what staff contact is appropriate, Councilmembers should ask the City Manager for
direction. Materials supplied to a Councilmember in response to a request may be sent to all
members of the Council so that all have equal access to information.
IIh Do not disrupt City staff from their jobs
Councitmembers should not disrupt City staff while they are in meetings, on the phone, or involved
in performing their job functions. An appointment can be made, if the staff cannot meet
immediately.
IV. Never publicly criticize an individual employee
Council should refrain from publicly criticizing the performance of a City employee. Additionally,
Councilmembers should avoid criticizing or challenging the employee directly. Comments about staff
performance are to be made to the employee's Director or to the City Manager.
Do not get involved in administrative functions
Councilmembers must not attempt to influence City staff regarding awarding contracts, selecting
consultants, processing development applications, or granting City licenses and permits.
VI. Check with City staff regarding correspondence before taking action
Before sending correspondence, Councilmembers should check with the City Manager to see if an
official City response has already been sent or assure an individual response does not contradict a
City response.
VII.
Do not attend unofficial meetings with staff unless requested by staff or pre-
arranged
Councilmember presence at such meetings may imply support, show partiality, intimidate staff, and
hamper staff's ability to do their job objectively.
VIII. Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. The City Clerk will copy the City
Manager on Council mail that requires action, and the City Manager's response will be copied to the
Council.
Requests for additional staff support, even in high priority or emergency situations, should be made
to the City Manager, who is responsible for allocating City resources in order to maintain a
professional, well-run City government.
SEcizON 3. COUNCIL CONDUCT Wl-rH OTHER PUBLIC AGENCIES
I. Be clear about representing the City or personal interests
If a Councilmember appears before another governmental agency or organization to give a
statement on an issue, the Councilmember must clearly state: 1) if his or her statement reflects
personal opinion or is the official stance of the City; and 2) whether this is the majority or minority
opinion of the Council.
If the Coundlmember is representing the City, the Councilmember must support and advocate the
official City position on an issue, not a personal viewpoint.
If the Councilmember is representing another organization whose position is different from the City,
the Councilmember should withdraw from voting on the issue if it significantly impacts or is
detrimental to the City's interest. Council-members should be clear about which organization they
represent and inform the Hayor and Council of their involvement.
II. Correspondence should be equally clear regarding representation
City letterhead may be used when the Councilmember is representing the City and the City's official
position. A copy of official correspondence should be given to the City Clerk to be filed in the
Council Office as part of the permanent public record.
It is best that the City letterhead not be used for correspondence of Councilmembers representing a
personal request by a public member, a personal point of view, or a dissenting point of view from an
official Council position. However, should Councilmembers use City letterhead to express a personal
opinion, the official City position must be stated clearly so the reader understands the difference
between the official City position and the minor viewpoint of the Councilmember.
SECTZON 4. COUNCZL CONDUCT WZTH THE PUBLZC
I. ! ffi ' I i : Make no promises on behalf of the Council
Councilmembers will frequently be asked to explain a Council action or to express the City's
intentions as they meet and talk with constituents in the community. It is appropriate to give a brief
overview of City policy and to refer to City staff for further information. It is inappropriate to overtly
or implicitly promise City action, or to promise City staff will take
specific action (fix a pothole, provide labor for a project, plant new flowers in the median, etc.).
I1.
~,J~: See Rules of Order, Section 5.!Z.D, of "City Council Meeting
Procedures"
Revised 3uly 2005
15
Agenda Summary Report
Rosenberg's Rules of Order
Aflochment #., 7
November 30, 2006
ATTACHMENT 3
RESOLUTION NO. __
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADOPTING A NEW SECTION 3.A, WHICH
MODIFIES SECTIONS 4-8, OF THE PROCEDURES OF
CONDUCT OF THE CITY COUNCIL MEETINGS FOR
THE CITY OF UKIAH TO INCLUDE ROSENBERG'S
RULES OF ORDER: SIMPLE PARLIMENTARY
PROCEDURES FOR THE 21sT CENTURY
WHEREAS,
1. The City Council has adopted Procedures of Conduct of the City Council Meetings for the
City of Ukiah ("Rules"), which were last revised on June 21, 2000; and
2. The Rules govern many aspects of City Council meetings, including in Section 4, the duties
and responsibilities of the presiding officer, in Section 5, Rules of Order, in Section 6, Motions,
in Section 7, Voting Procedure, and in Section 8, Reconsideration of Actions; and
3. In the past, there has been some confusion on the precise role the presiding officer should
play at City Council meetings and on the making and disposition of motions; and
4. Dave Rosenberg, a supervisor in Yolo County, has developed a simplified alternative to
Robert's Rules of Order for use by local government governing bodies, such as a city council,
which provides general guidelines for a presiding officer at the meeting, such as the mayor on
the Ukiah City Council, a basic format for discussing agenda items, and rules for making and
disposing of motions, including motions to reconsider an item; and
5. Rosenberg's Rules of Order are written in plain English and are simple and straightforward;
and
6. City Council meetings should benefit from the use of Rosenberg's Rules of Order. They
contain more specific guidelines than are contained in the Rules. Since they are easy to
understand and to apply, city council members are more likely to use them, which should
promote the efficiency and focus of the meetings;
NOW, THEREFORE, the City Council of the City of Ukiah hereby resolves as follows:
1. A new Section 3.A is hereby added to the Rules to read as follows:
Rosenberg's Rules of Order, as set forth in the attached
Exhibit A, except for that portion headed: Courtesy and
Decorum, are adopted and shall supplement the provisions
Agenda Summary Report Page 6
Rosenberg's Rules of Order November 30, 2006
in Sections 4-8 of these Rules. The provisions of Sections 4-
8 continue to apply to the extent they do not directly
conflict with a specific rule contained in Exhibit A.
2. The City Clerk is directed to prepare and distribute to City Council members, staff and the
general public a revised pamphlet entitled: "Procedures of Conduct of the City Council Meetings
for the City of Ukiah, Revised as of December 6, 2006,' which includes the dection 3.A, and
Exhibit A, adopted by this Resolution.
PASSED AND ADOPTED on December 6, 2006, by the following roll call vote:
AYES:
NOES:
ABSTA~:
ABSENT:
ATTEST:
, Mayor
Gail Petersen, City Clerk
AGENDA
ITEM NO: 1 ld
MEETING DATE: December 6, 2006
SUMMARY REPORT
SUBJECT: INITIAL DISCUSSION OF CITY COUNCIL APPOINTMENTS TO
BOARDS AND COMMISSIONS
There are a variety of Boards, Committees and Commissions that the City Council
members are appointed to. Attached for your review is the list of the 2006 Council
Committee Assignments and pertinent meeting information.
The Mayor is responsible for appointing the Council members to the various
committees. This agenda item is being presented to discuss the roles and
responsibilities of the committees and to allow time for Council's expression of interest.
The official appointments will be made at the December 20, 2006 Council meeting.
RECOMMENDED ACTION:
ALTERNATIVE COUNCIL POLICY OPTIONS:
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Candace Horsley, City Manager
#1) 2006 Council Committee Assignments
Approved:
Candace Horsley, City Manager
~,TTACHMENT__.~__
Z
City of Ukiah
Letters to the
Mendocino County Board of Supervisors
Regarding the Ryder Homes and Ukiah Valley Area Plan
Projects/Environmental Review
December 6, 2006: ITEM 11(A)
November 17, 2005 ~.~
Honorable Board of Supervisors
1'4endocino County
501 Low Gap Road
RE:
City Council Comments Concerning the Scope of the Hop Kiln/Ryder Homes
Project
The Ukiah City Council appreciates the opportunity to comment on this important
issue. Following extensive public comment and Council discussion at its meeting
November 2nd, the City Council unanimously decided to direct staff to prepare technical
comments for the EIR scoping process, which will be submitted separately, and to also
submit the following general comments.
We respectfully request that the Board consider adopting a general policy that new
development take place within currently urbanized areas in order to avoid "leapfrog"
development. Leapfrog development should be avoided in part because it:
· Requires inefficient use of scarce resources to pay for extending expensive
infrastructure longer distances. (e.g., site development, circulation, and utility
infrastructure) as well as constructing new facilities that may be necessary to
serve outlying residents, such as schools and fire stations;
· Creates pressure for the conversion of agricultural lands that are vital to
Mendocino County's economy and rural quality of life;
· Negatively affects aesthetics by eliminating open space; and
· Negatively affects the public health because it increases pollution and
discourages walking and biking.
The proposed Hop Kiln/Ryder project is an example of leapfrog development. The
project does not represent a sustainable, logical, or fiscally prudent approach to
development in the Valley. So, even if all the significant impacts identified in the
could be successfully mitigated, we would be fundamentally opposed to a project of this
scale in the proposed location because it represents urban sprawl. We hope to discuss
these and other growth policy issues in our joint meeting together.
In the meantime, should you choose to move forward with the EIR, we request you
consider the following:
The most frequently mentioned topics of concern at our city council meeting on
November 2nd were: water availability; sewer capacity; traffic and circulation;
loss of industrial land; floodplain development; and urban sprawl. All of these
issues should be included in the EIR for the Hop Kiln/Ryder Homes project:
300 SEMINARYAVENUE UK AH, CA 95482-5400
Rezoning the subject property to allow high-density housing and commercial
development, which is incompatible with industrial and agricultural land uses, will
likely have significant growth inducing impacts on neighboring properties. The
E:[R should analyze the full extent of these impacts.
We request that all major mitigations proposed in the EIR, (water, sewer,
circulation, etc.) be subjected to a comprehensive fiscal analysis to determine
their projected costs and how and by whom they will be paid.
The EIR should analyze whether the proposed project will adequately pay for
services, such as police and fire, which will be required to serve it.
The proposed project will utilize a significant percentage of sewer hook-ups to be
provided by the expanded wastewater treatment plant. The EIR should analyze
the economic and social impacts (loss of potential income) to those who own
appropriately zoned, buildable lots but are unable to develop them because of a
lack of sewer hook-ups.
Utilization of available sewer hook-ups by large projects will effect a physical
change in the environment because patterns of growth will be determined by a
few large projects. This will result in less density in currently urbanized areas and
an associated loss of open space and agricultural lands on Ukiah's outskirts. The
EI'R should address these aesthetic changes to the Ukiah Valley.
The Hop Kiln/Ryder Homes development is billed as "smart growth". But the
urban sprawl and growth inducing aspects of the project belie this term. The
distribution of parks and walking paths within the project do little to lessen the
auto dependent nature of the project. The EIR should analyze the impacts of
increased auto trips on air quality and traffic in the Valley.
The E[R should evaluate the "smart growth" representations made by the project
proponents and compare these to the impacts of limiting development to
appropriately zoned land, particularly infill projects, that require far fewer
infrastructure, public health, and public safety services costs.
The proposed project requires a General Plan amendment to the zoning
designation of the eastern side of the Masonite property. The City Council
discussed whether it is prudent to consider an amendment of this magnitude to a
General Plan that is itself overdue for revision, especially in light of the fact that
the County is nearing the end of a protracted evaluation of the Ukiah Valley Area
Plan (UVAP). The re-zoning amendment anticipates the completion of the UVAP,
but the future of the UVAP, especially proposed changes to land use
designations, is uncertain at this time.
Consideration of an amendment of this magnitude prior to required and overdue
updates to local agency Spheres of Influence and Municipal Service Reviews that
are being conducted by the Local Agency Formation Commission (LAFCO) is also
premature. The County and City have also revived discussions intended to
resolve long-standing issues regarding annexation and revenue sharing. The
2
outcome of these discussions could have significant implications for the proposed
development.
During discussion of the UVAP draft EIR, the City Council favored the environmentally
superior "hybrid" alternative, consisting of "sustainable/smart growth" with "growth
management". We unanimously favor an alternative of this nature to the proposed
project, And this is also why we respectfully suggest that the proposed amendment to
the General Plan is inappropriate i]t this time. The Hop Kiln/Ryder Homes project--and
other large-scale developments--should not be considered until the UVAP process and
the other planning initiatives for the Ukiah Valley are complete.
The City Council looks forward to working with the Board of Supervisors to plan and
prioritize for the orderly, logical, and sustainable growth and development of the Ukiah
Valley. Thank you for your consideration of these comments.
Sincerely,
November17,2005
Honorable Board of Supervisors'
Mendocino County
501 Low Gap Road
Ukiah, CA 95482
RE:
Ukiah Staff Comments Concerning the Scope of the Hop Kiln/Ryder Homes
Project EIR
Honorable Chairman Delbar and Members of the Board:
The City of Ukiah thanks Mendocino County for transmitting the Hop Kiln Ranch Homes
project for our review and comment. On November 2, 2005, the City Council discussed
the project and provided an opportunity for the public to participate in the discussion.
The following text reflects comments made by the Council, Staff, and the public, it is
organized into two components: 1) Application Completeness; and 2) Primary
Environmental Issues.
Application Completeness
We assume the application has been deemed "Complete" because you are embarking
on the environmental review process. However, at the City Council meeting, one of the
project proponents indicated that the application was not yet "Complete," while another
representative indicated that it was "Complete.* Both project proponents indicated that
they wanted the City's comments on the concept and design of the project inferring that
they would modify the project accordingly. Accordingly, we are concerned that the
project description appears to be a "moving target." Regardless, we assume that the
project proceeding to the environmental review stage of processing is as described in
the October 13, 2005 transmittal.
A cursory review suggests that it appears that many policies contained in the existing
Mendocino County General Plan Land Use Element must be amended to allow the
proposed project to proceed. For example, Industry Policy l(a), which states "Provide
an adequate amount of land designated for industrial uses to accommodate new
industries where land use conflicts are minimized." The project description in the EIR
should clearly indicate which goals and policies are proposed for change, if they are
proposed to be deleted or altered, and what impacts could result from these changes in
goals and policies.
Primary Environmental Issues
The City Council and participating public expressed concern about the size of the
proposal, and the potential significant impacts it could have on the City. While the
project is being described by the developers as an "Urban Village Smart Growth
Development" it has the potential to significantly alter the character of the valley and
300 SEMINARY AVENUE UKIAH, CA 95482-5400
impact the City in many ways. Certainly the mix of housing types, parks and open
spaces, varied architectural designs, and other components that make up the project are
much more desirable than traditional stark subdivision developments, but it's a very
large project that could potentially have a population nearly half the size of the City of
Willits. This increase in the Valley's population could in turn significantly increase the
City's already congested "daytime" population. The resulting traffic, aesthetic,
water/hydrology, economic, and all other potential impacts should be thoughtfully and
carefully analyzed. There should be an extensive and detailed analysis of all the
potential environmental impacts resulting form the proposed project, including an
identification of the direct and cumulative impacts the project could have on the City.
The City acknowledges that projects occurring within the City contribute to the
cumulative environmental impacts affecting the area. Accordingly, we have provided
the enclosed list of City projects to the ETR consultants for use in the discussion of
cumulative impacts.
Water and Hydroloqy: The applicants for the project have indicated that they intend to
annex into the Millview Water District, and that the property has approximately 250+
acres of water rights to water from the Russian River. They propose to transfer these
water rights to the District with an additional well (Well #6), which Millview has stated
will allow the removal of the current water moratorium.
The City questions whether or not the water is Russian River Underflow and thereby
already appropriated. Moreover, if it is physically there, the City is concerned that use of
this historically unused water could have a significant adverse impact on the City's water
sources, particularly the Ranney Collector. The EIR should thoroughly analyze this
potentially significant adverse impact.
Traffio and Oirculation: When the Ukiah General Plan was developed in the early 1990's
and adopted in 1995, the Masonite Plant was still in operation. The property was
outside the City limits, but within the Sphere of Influence, so the Plan assigned the
property an "I' (Industrial) designation.
The Plan identified the extension of Orchard Avenue along and adjacent to the Masonite
Plant north to Hensley Creek road as a high priority to relieve traffic congestion on North
State Street.
Today the plant is gone and a large regional shopping mall is being planned for the
Masonite property. The 734 residential unit / 50,000 square foot of commercial Hop
Kiln/Ryder Homes project adjacent to the east is being proposed on Industrially
designated land. It is understood that the Lovers Lane property recently changed
ownership, and a large residential development is foreseeable.
The central traffic/circulation related question today, 10-years after adoption of the
Ukiah General Plan, and after the major changes to the assumed land uses on and
around the Masonite Property, is "Does the extension of Orchard Avenue beyond the
Brush Street triangle still make sense for the City?" We already know that build-out of
the Triangle will cause one turning movement at Perkins and Orchard to operate at an
2
unmitigatable LOS "F." How will the regional shopping mall, Hop Kiln/Ryder Homes
project, and Lovers Lane development impact this intersection? Will the "benefit" of
improved traffic conditions on North State Street out-weigh the impacts to the Orchard
Avenue/Perkins Street Intersection?
The Environmental Impact Report should thoroughly analyze the direct and cumulative
traffic impacts these projects and all other known or foreseeable projects would have on
alii applicable City streets and intersections, and the developments must be fully
responsible for returning all significantly degraded street and intersection Levels of
Service to the levels existing prior to these developments.
In the broad picture, the City acknowledges that infill development projects within the
City may add to traffic congestion along streets and intersections in the unincorporated
area. Accordingly, the City is prepared to work closely with the County in developing
mitigation priorities and comprehensive funding mechanisms for area-wide traffic and
circulation improvements.
Aesthetics: The potential direct and cumulative aesthetics impacts resulting from the
project could be significant. The change from open land to a dense urban environment,
particularly on the east side of Highway 101, will change the aesthetics and character of
the Ukiah Valley. Both the Ukiah General Plan and proposed UVAP recognize the
importance of the open scenic vistas and agrarian appearance of the Valley. The Ukiah
General Plan calls for its preservation, and the UVAP calls for its conservation. The EIR
should thoroughly analyze this potential significant adverse impact, and be forthright in
terms of determining if this impact can truly be mitigated.
:in the broad picture, the City believes that the recent City/County partnership regarding
design issues associated with development in the Brush Street Triangle should evolve to
include all areas proposed for urban type development. City Staff is available to work
with County Staff on site planning and design issues as resources allow.
Physical Change and Economic Impact: The proposed commercial development in the
project, designed as a traditional mixed-use "downtown" could have a potentially
significant adverse impact on the economic health of Ukiah's historic downtown. This
creation of an alternative local downtown is a significant physical change caused by the
project that could lead to significant economic impacts, and adversely impact the City's
current attempts to revitalize its downtown. Therefore, this potentially significant
impact should be thoroughly analyzed in the EIR.
Additional Issues: Additional issues raised at the November 2, 2005 meeting include
concerns about sewer capacity, the loss of industrially zoned land, development in the
floodplain, and growth inducing impacts. It was also suggested that a Fiscal Impact
Analysis be included in the Mitigation Monitoring Program to ensure that proposed
mitigations are feasible.
3
Thank you for seeking the City's initial comments on this project. We look forward to
padicipating in the comprehensive environmental review process and formally
~_~/.~P;~n~nYg~Saat ~ ~1 ~ oDmi Cy Development
Encl.
4
October 21, 2005
Honorable Board of Supervisors
Mendocino County
50]. Low Gap Road
Ukiah, CA 95q82
RE: Ukiah City Council Comments Concerning the Ukiah Valley Area Plan and Ukiah Valley
Area Plan Draft Program Environmental impact Report
Honorable Chairman De[bar and Members of the Board:
The Ukiah City Council welcomes this opportunity to comment on the Ukiah Valley Area Plan (UVAP)
Draft Program Environmental Impact Report (EIR). In response to public comment and our own
review and discussion, it was the unanimous direction of the City Council to direct staff to prepare
comments to the technical and legal sufficiency of the UVAP EIR, which are being submitted
separately.
However, interwoven with public and Council comment about the UVAP EIR were concerns about
the UVAP itself. The Council unanimously decided to prepare the following general comments which
question the current relevance of the UVAP as well as the adequacy of the EIR.
Current Relevance of the UVAP
A principle concern was that the UVAP, developed in early and mid 1990's might be stale dated. It
seems incongruent that a planning document intended to guide future growth and development for
the next twenty years, should already be nearly ten to fifteen years old.
[vlany things have changed since the beginning of the planning process, particularly in the past three
years. Assumptions about water availability, sewer capacity, circulation infrastructure, growth
projections and others may no longer be valid, in light of current information about these critical
areas, we doubt that a citizen driven process would result in the same policies and land use patterns
today.
A significant change has been in the evolution of planning principles, which now emphasize "smart
growth" and "healthy lifestyles" which are given little if any consideration by the UVAP.
Growth Projections
In describing the "methodology" used to develop the growth projections in the draft EIR, Appendix B
cites flaws with every referenced projection, but uses them as the underlying basis for the projection
presented here. Appendix B states "While the projections could overstate the amount of growth
that will occur in the plan area, these projections will be used to ensure that the EIR assesses a
'worst case' scenario."
300 SEMINARY A~E'NUE UKtAH, CA 95,482 5400
Phone# 7071463 6200 Pax~ 707/463 6204 Web Address wwwcityofukiahcom
However, on page 33 it states, "It is entirely possible that future residential growth will be
considerably greater than projected and assessed in this EIR." In fact, during discussion of the E]R
for the Orr Creek bridge and Orchard Avenue extension project, Mr. Charles stated that the growth
projections could be reached in three or four years.
The statement on page 33 and Mr. Charles' personal comment invalidate the statement that "the
EIR assesses a 'worst case' scenario." ]n fact, the EIR fails to disclose or analyze the total buildout
allowed by the UVAP.
On pages 43 and 346 the EIR declares that buildout over the next twenty years would be the same
under the existing General Plan or UVAP. The EIR fails to provide any discussion or analysis to
support this conclusion.
Timely Adoption of Mitigation Measures
On page 34 it states, "The EIR concludes that, in most cases, the cumulative effects of this bu[Idout
can be reduced to a less than significant level assuming that the County implements the stated
policies and implementation measures included in the draft UVAP in a timely manner." Significant
growth pressures now increasing in the Ukiah valley, coupled with the prevailing staffing and
funding shortfalls, raise the likelihood that key policies and implementation measures will not be
adopted in a timely manner.
Given the conversion of :[45 industrial parcels, 250 acres of prime agricultural land and 283 acres of
rangeland, it is probable that buildout under UVAP, fueled by growth pressures, will far outstrip that
of the existing General Plan. The E[R fails to identify a single policy or implementation measure that
would limit near term buildout under UVAP.
Water Availability
The E]R fails to identify feasible sources of water to serve the development proposed by the UVAP.
The summary on page 38 not only makes it clear that there is no identified feasible source of future
water, but also that existing sources are not secure. This fact is confirmed on page 266 where it
states that in dry years "diversions could be reduced by 30% to 40%" under the currently proposed
Eel River reductions.
~ndeed, on page 266 it states, "It is these 'dry year flow reductions' that are of concern because
they undercut the reliability of the water supply. Municipal water purveyors, and many agricultural
operations, will need to replace the Eel River source in dry years in order to maintain the current
level of operations. Whether or not they can find a replacement supply of that magnitude remains
to be seen."
The draft EIR fails to acknowledge the efforts of an advocacy group that seeks to end the diversion
entirely. This group is waging a sophisticated lobbying campaign targeted at regulators, legislators,
downstream users and urban population centers.
Sewer Capacity
The current upgrade and expansion of the Wastewater Treatment Plant will only provide a fraction
of the sewer connections needed to serve the growth allowed by the UVAP. The mitigation
proposed by the FIR is to expand the existing plant or build a new one.
The EIR fails to provide any fiscal or practical analysis of the feasibility of either of these
approaches. Indeed, the record suggests that neither is feasible. The City and the Ukiah Valley
Sanitation District have just awarded a bid for the upgrade and expansion of the sewer treatment
plan at a cost of 57 million dollars (12 million above the engineer's estimate) that will result in a
quadrupling of the monthly service charge for residential users.
There is no discussion of precisely where or if a new "satellite" sewer treatment plant in the
northern part of the valley could be feasibly located, the public opposition it would surely encounter,
the impacts that could result, and what, if any mitigation measures are available to eliminate or
adequately reduce the impacts.
Traffic and circulation
Construction of needed improvements, if they take place at all, are unlikely to keep pace with
development. We are also concerned that development allowed by UVAP will have significant
impacts to circulation within the City that are not mitigated. We are concerned that the UVAP is an
unmitigated road map for sprawl and congestion. We suggest that the City and County work closely
together to fairly assess impacts and cost of mitigations, similar to the way in which this was done
regarding the Brush Street Triangle.
Page 162 of the draft EIR lists "conceptual road extensions and other improvements that the County
may seek in the future" but fails to analyze the fiscal or practical feasibility of these improvements
.in fact, many of these improvements, discussed for years, are becoming less feasible with each
passing year as buildout, right of way encumbrances and costs escalate.
Fiscal Analysis
Given the large scale mitigations proposed for water, sewer, circulation and other significant
impacts, absent a comprehensive fiscal analysis that determines the costs and how and by whom
they will be paid, it is impossible to conclude that the recommended mitigations are feasible. To the
extent that the EIR proposes infeasible mitigations, the mitigation is invalid and the impact remains
unmitigated.
Prior to approval of the UVAP, we recommend that a fiscal analysis of all major proposed impacts be
conducted.
Loss of Farmland and Prime Agricultural Soils
The loss of 250 acres of agricultural land and 280 acres of rangeland is a significant adverse impact
that cannot be mitigated. The loss of these lands decrease the inventory of agricultural land,
negatively impact adjacent agricultural land, are growth inducing and promote urban sprawl.
Loss of ]:ndustrial Land Base
The loss of lq$ parcels of industrial zoned land, while not identified as a significant adverse impact
under CEQA, nevertheless represents a significant loss to the current and future economic viability
of our communi~.
We urge the retention of these lands as a necessary component of meaningful economic
development that will provide living wage jobs. The future viability of local resource based
industries, including forest products, is dependent on retaining a sufficient base of industrial zoned
land.
Floodplain Development
As concluded in the draft EIR, allowing substantial development in the floodplain is an impact that
cannot be mitigated. The proposed mitigation is to import fill to raise any structures above the flood
level. The impact to downstream propert7 owners is "mitigated" by an implementation measure
(SF-2.3.4: page99) that calls "where feasible" for minimizing floodplain fill.
The only feasible way to prevent floodplain fill and encroachments and increased downstream
flooding is to avoid facilitating floodplain development. The E[R fails to analyze the cumulative
impact of floodplain development, but simply declares that the impact is not significant. Each
individual future project will be found to have a less than significant impact. This lack of cumulative
impact discussion is unacceptable and renders this portion of the document inadequate.
Urban Sprawl
The UVAP encourages leap frog development and urban sprawl by re-zoning resource lands in
relatively outlying areas. The competition for limited water and sewer hookups will also result in
uneven patterns of development. Smart growth principles and growth management are needed to
insure that development proceeds in a sustainable and orderly fashion.
Growth Znducing :Impacts
The UVAP will have significant growth inducing impacts that cannot be mitigated. These growth
inducing impacts will create additional pressure on farm land, open space, circulation, air quality and
water and sewer availability. Smart growth principles are needed to limit growth inducing and other
negative impacts.
Environmentally Superior Alternative
The EIR identifies Growth Management as the environmentally superior alternative, but also states
that the Sustainable Development/Smart Growth alternative would actually allow more growth and
development than the UVAP but with fewer negative impacts. Clearly, either of these alternatives is
feasible and superior to the UVAP.
4
Finally, the EIR suggests that a hybrid alternative, combining Growth Management and Sustainable
Development/Smart Growth is another possibility. We encourage the development of this
alternative which holds the best promise of providing for sustainable and orderly growth and
development to provide housing and jobs while minimizing adverse environmental impacts. ]implicit
in smart growth principles is that land already suitably zoned for development that is contiguous to
urban uses and services should be developed prior to re-zoning agricultural lands.
Mark Ashiku
Mayor
5
October 21,2005
Honorable Board of Supervisors
Mendocino County
501 Low Gap Road
Ukiah, CA 95482
RE:
Ukiah Staff Comments Concerning the Ukiah Valley Area Plan Draft Program
Environmental Impact Report
Honorable Chairman Delbar and Members of the Board:
The City of Ukiah thanks Mendocino County for transmitting the Ukiah Valley Area Plan
Draft Program Environmental Impact Report (EIR) for our review and comment. The
Ukiah Valley Area Plan is an extremely important planning document that will establish
the framework for growth, development, and conservation of the Ukiah Valley.
Obviously, the strategy for managing this growth and development is of great interest to
the City because of the potential impacts it could have on the City itself.
The City accepts and acknowledges the notion that growth and development within the
City could similarly have impacts on the unincorporated valley. To this end, the City
supports and encourages the implementation measures (mitigation measures) that call
for increased teamwork between the City and County to successfully manage growth to
benefit the quality of life throughout the Valley. The City believes that this is particularly
important given the current and expected growth pressures as noted in the EIR. Simply
put, the City and the County must forge a strong working relationship to develop a sound
and balanced strategy for growth management.
Based on the implementation measures contained in the City's General Plan Housing
Element, the City is currently revising many of its regulatory tools to inject sustainable
development and smart growth principals. We strongly encourage the County to explore
these planning paradigms as suggested in the DEIR so that a more consistent approach
to managing growth and development in the Valley can be achieved.
The City has a number of comments on the draft UVAP EIR.
1. MITIGATION MEASURES IN GENERAL
The City believes that to genuinely and legally mitigate impacts, the policy level
mitigation measures calling for the adoption of new ordinances and regulations must be
completed rapidly to be meaningful and truly mitigate impacts. This is particularly true
given the current growth pressures in the Valley. Based on the City's experience with
implementing its 1995 General Plan, it recognizes and acknowledges that these types of
work products can take considerable time to complete because of staff shortages and a
lack of funding. Public testimony provided during the City Council discussions on the
UVAP EIR revealed a lack of confidence in the County's financial wherewithal and past
track record in regards to adopting important Ordinances and regulations to manage
growth and mitigate its impacts. The County should be forthright in its evaluation of the
feasibility of these types of mitigation measures in terms of available funding and staff
1
300 sEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-6200 Fax'# 707/463 6204 Web Address ww'~cityofukiahcom
resources. If the County cannot conciudethat a required new ordinance or regulation
will be prepared and adopted in a rapid timeframe it should be deemed infeasible and
discarded, and a new approach to mitigation should be pursued - or the impact should
be labeled unavoidable. This exercise is particularly important given the current and
expected growth pressures in the Ukiah Valley.
The City also believes that the mitigation measures suggesting that the County consider
adopting new regulations to mitigate impacts must be changed to require the adoption of
the new regulations. The EIR acknowledges this in many instances. For example, it
alters UVAP implementation measures (mitigation measures) CT-6.1.3, CT-6.1.4, and
CT-6.3.5 to strike the terms %onsider," "should." and "may", and add the terms "Adopt,"
"shall," and "shall." However, it other cases, the term "should" is retained in the
mitigation measure/implementation measure. For example, the recommended mitigation
measure for Impact 3.7-D (Noise) states "The County should adopt a Noise
Ordinance ....... " The "should" must be changed to "shall" to effectively mitigate the
impact.
To rely on such mitigations, the City also maintains that the mitigation must specify when
the ordinance shall be adopted or provide generally that the ordinance must be adopted
before the County may approve development which would contribute to the impact the
ordinance is proposed to mitigate.
2. Page 7- C. PROJECT GROWTH IN THE PLAN AREA
The first sentence should be modified to read: "Table 1_ describes the projected 2025
population for the plan area, the City of Ukiah, and the County as a while whole.
3. Page 8-Table 1: POPULATION PROJECTIONS
Table I indicates that the population projected for the City of Ukiah in 2025 is 17,990.
Appendix B references the City General Plan as the source of this figure. The 2004 City
of Ukiah Housing Element indicates that the total number of probable units to be
developed before buildout is reached is 733. Using the standard 2.51 people per unit
formula reveals the buildout (current City limits) to be 17,330.
Page 86 - IMPLEMENTATION MEASURE (MITIGATION MEASURE) OC-
12.2.5
It is unclear where the five-acre threshold in this mitigation measure comes from. As a
result, the threshold seems arbitrary. The City requires erosion control plans for all
discretionary projects involving site preparation and grading activities. Acknowledging
the rural nature of most of the planning area, the City does not recommend that all
discretionary projects be required to prepare and submit an erosion control plan.
However, as stated on page 90 of the DEIR, one of the two most critical water quality
problems within the planning area is sedimentation. Therefore, the City recommends
that a smaller acreage threshold be considered to provide more meaningful mitigation.
5. Page 98 - IMPLEMENTATION MEASURE SF-2.3.3
This implementation measure requires the County and City to develop a stormwater
management program to minimize damage to agricultural areas from conveyance of
floodwaters from urban areas of the valley. The County and the City cannot require
each other to implement policy or mitigation measures. While the City does not oppose
the concept of the implementation/mitigation measure, the "City" should be deleted from
the language.
6. Page102 -IMPLEMENTATION MEASURE OC-12.2.3
The term "appropriate technology" is vague and meaningless to the public. The City
recommends that language be added to provide examples of appropriate technology
that delay storm surges from water running off parking areas and potentially
overburdening drainage systems. An example may be the installation of storm water
detention infrastructure.
7. Page 143 - IMPLEMENTATION MEASURE HA-2.1.1
If this mitigation measure is truly needed in conjunction with the others listed on pages
142 and 143 to successfully mitigate potentially significant adverse impacts to
archaeological and historical resources resulting from future development, then the
language must be modified to read "The County budget ehould shall include capital
improvement funds for maintenance and enhancement of historic buildings."
8. Page 157 - LAST SENTENCE AT THE BOTTOM OF THE PAGE
The information received from the City's traffic engineering consultants is deemed
premature. The City is still evaluating a number of alternatives, so that not all impacts
on streets such as Perkins and State Streets have been identified. It is unknown to the
City what alt the cumulative impacts may be that would result from City and UVAP
buildout, and whether or not they can be successfully mitigated. The language and
analysis should be modified accordingly.
9. Page 163 - IMPLEMENTATION MEASURE CT-2.2.2 (e)
The language in (e) must be revised to read "Projects impacting State or City
transportation systems or rights-of-way should shall be consistent with adopted Caltrans
or City transpodation planning documents as applic:-ble."
10. Page 164 - IMPLEMENTATION MEASURE CT-4.1.3
While the City agrees that the County and City should work cooperatively to plan
roadway improvements in the City and immediate unincorporated area, the
Implementation Measure should be revised to read "The County ~
urged shall make every effort to work with the City to coordinate and plan an
appropriate route and roadway improvements for the extension of Orchard
Avenue." tc cooperate in prepcring and implementing improvements p!cn for ~
eemmeroia! route sonnecting Orchcrd Avenue with Stote Street.
3
11. Page 168 - IMPLEMENTATION MEASURE CT-2.2.2 (b)
To ensure true mitigaton, the City recommends that the word "should" ~n the first
sentence be replaced w~th the word "s~hall," and that the word "will" in the second
sentence be replaced with the word "shall."
12. Page 168 -IMPLEMENTATION MEASURE CT-2.2.2 (e)
To ensure true mitigation, the City recommends that the word "should" in this
Implementation Measure be replaced with the word ".shall,"
13. Page 169 - SECOND PARAGRAPH
See comment above for page 157.
14. Page 210 - TRAFFIC-GENERATED NOISE
The discussion regarding traffic-generated noise fails to include the increasingly loud
noise resulting from some modified vehicle exhaust systems, as well as excessively loud
car stereos. The noise generators have become an increasing nuisance problem in the
City, and may or may not be regarded as a significant adverse impact.
15. Page 213 - IMPLEMENTATION MEASURE AE-1.l.1
Since adoption of the City General Plan, the City and the County have worked
cooperatively to interpret and implement the provisions of the Ukiah Airport Master Plan.
Accordingly, the following language is a more practical approach to mitigating potential
noise impacts originating at the Ukiah Municipal Airpod:
"The County a~d ' r~,.,, ~'e erme~ra,-,.d sh .....
C~ty ........ ~.. aJi continue to work coo..p_.erativel w.y._..~.~
~ret and im lement the Cit Air orr Master Plan and to maintain
consistent land use classifications and uses in the immediate unincorporated vicinity
around the Ukiah Municipal Airport. Gem..,. ......... ve J~qc~-Usoq~!.2n end A~rp.c~t
.... ~,,~me ...... g ,~, dO--nd zo,nr~
~tho ~d ~ thoAir~c~ ~Use ~,,,~, Map.
16. Page 215 - THIRD PARAGRAPH
If needed to truly mitigate noise impacts, the language should be revised to read "The
County should shall adopt a Noise Ordinance ...... "
The County may wish to review and consider the City of Ukiah Noise Ordinance to
create continuity in the City-County transition areas.
17, Page 226 - IMPLEMENTATION MEASURE CD-2.2.2
Similar to previous comments, this Implementation Measure inappropriately provides a
directive to the City. While the City is supportive of the concept of working cooperatively
with the County on selecting and planting trees within street rights-of-way, the language
should be revised to read:
4
"The City a,~t County sheuk~ shall coepcrato work with the City to plan and plant
permit the ptaPA~g of canopy trees within rights-of-way to improve or enhance the
streetscape."
18. Page 231 - LAST PARAGRAPH
While not a specific comment regarding the adequacy of the EIR, the City suppods the
suggestion that the County consider the design guidelines set fodh in the Smart Growth
Network's Getting to Smart Growth: ?00 More Policies for Implementation, and Getting
to Smart Growth II. The City is reviewing these documents, and is considering revising
its design guidelines and other regulatory tools to incorporate certain smart growth
principals.
19. Page 243 - UKIAH POLICE DEPARTMENT
Some of the information contained in this paragraph needs updating. It is understood
that the population for the City of Ukiah, as of 2002 is 15,497. Additionally, last June a
ballot measure that would provide tax revenues to fund new police officers was
successful. The City recommends that the consultant contact Captain Dewey of the City
Police Department to update the information in his formal Response To Comments and
preparation of the Final EIR.
20. Page 244 - LAST PARAGRAPH
Similarly, the last paragraph should be revised to reflect the current status of the Ukiah
Police Department.
21. Page 245 - SECOND PARAGRAPH
There should be an explanation as to why the demand for additional City police officers
resulting from buildout under the UVAP is not regarded as a significant adverse impact
to City police protection services.
22. Pages 248-253 - FIRE PROTECTION AND EMERGENCY RESPONSE
Automatic and Mutual Aid
While the E]'R identifies the fact that the fire agencies in the valley participate in auto
and mutual aid it fails to identify the impact that the development of the area will have
on these agreements. It would seem that as the area develops the auto and mutual aid
demand will increase as well. As the mutual and auto aid call volume increases the costs
to the agencies sending assistance will increase. Using the City of Ukiah of Ukiah as an
example, last year (2004) we responded to 42 requests for Fire auto or mutual aid. Each
time we left the City it resulted in a mandatory call back of off duty personnel which
equated to no less the 4 firefighters being paid overtime for the period of time the
engine was out of the City which per our labor agreement is no less then 3 hours per
person being called back. We currently absorb the cost as part of our neighbor helping
neighbor approach to service deliver,/. ~'f the cumulative impact to auto and mutual aid
is not addressed and mitigation proposed then in essence you have an EIR that is
flawed.
Emerqenty Medical Response
The EIR mentions that a percentage of the fire agencies in the valley's response are
made up of EMS cafls and that with the exception of the City all portions of the valley
are served by a private ambulance. What is not addressed in the EIR is the impact
future development will have on the EMS system as it relates to increased call loads on
the private provider and if the current system can expand to meet the projected
demand. This issue is of concern to the City as we have mutual aid with the private
provider the results in the City dispatching Fire Department ambulances when the
private provider's resources are not available. In addition the private provider will
respond into the City when the Fire Departments Ambulances are committed and
additional resources are needed. Similar to the fire mutual and auto aid responses, when
ever a City Fire Department ambulance is sent to calls outside the City the department
recalls off duty personnel to staff our reserve ambulance/s in order to maintain service
in the City incurring overtime costs. The department feels this is good business given
the current call load however if the impact to the EMS system is not projected and
mitigated the results will be increased costs and delay of service valley wide.
Mitiqation
Proposed mitigations must include increased staffing and the sustainability of staffing
not just facilities and equipment.
23. Page 251 - CITY OF UKIAH FIRE DEPARTMENT
Some of the information contained in this paragraph needs updating. It is understood
that the population for the City of Ukiah, as of 2002 is 15,497. According to Fire Marshal
Yates, the current staff consists of 15 full-time career firefights/paramedics and 30
volunteer positions with 15 firefighters on the active roster.
In terms of calls for assistance, there were 2300 in 2004.
24. Page 269 - CITY OF UKIAH
"There should be an explanation as to why the de The City can meet average day
demand with existing sources but cannot meet peak day demand without the use of
storage within the City's system."
Replace with: "The City can meet both averaqe daf and peak daf demands with
ex/stinq sources. In add/t/on, % 9 PiG o£ storaqe is ava//ab/e to auqment the peaks over
/onqer periods o? t/me."
"The City is currently conducting hydrologic studies to identify new groundwater well
sites to meet this existing peak demand."
Rel~lace with: "The City wi// be conduct/hq hydro/oqic stud/es to identify new
qroundwater we//sites to auqment peak demand periods."
6
"The City's water sources are five wells and a Ranney collector which is buried beneath
the Fiver bed and captures Russian River underflow."
Replace with: "The City's water sources consist ora RanneF £o//ect/bn system and ~ve
separate we/Is, The Ranney co/lector consists o? a number of /~take laterals located
underneath the Russ/an River bed,"
"The Ranney collector has a design capacity of 13 MGD but has an actual test pumping
capacity of 9 IvlGD with an average pumping capacity of q..8 - 5.0 MGD due to
degradation of the stream channel, clogging, and other problems."
Rep/ace with: "The Ranney co/lector has a des/qn capacity of 13 MGD but has an
actual test pump/nq capacity o£9 ACGD w/th an averaqe pump/hq capacity of 4.8 - 5.0
MGD due to iow Russ/an River re/eases caus/nq deqradat/on of the stream channel
result/hq in intake lateral cloqq/nq, silt deposits, and other t7ow restrlcffon problems,"
"The City does not have an adopted Conservation Plan."
Replace with: "The City does have an adopted Conservation P/an."
25. Page 276 - THIRD PARAGRAPH
"The City can provide additional supplies by developing a water conservation and/or
recycling program."
Replace with: "The City can provide add/t/bna/supplies by develop/hq a water reuse
proqram us/nq water from the perco/abbn ponds located at/?s Wastewater Treatment
P/ant."
26. Page 276- STRIKE BOTH PARAGRAPHS 3 AND 4
Replace both paragraphs with: "Recently the City estab//shed new water rate
schedules/n order to se//bonds for/ts 3.5 h¢G Reservo/r Expans/on Pro/ect. The rate
schedules/nc/ude a t/ered approach on consumpt/on /n an effort to a/d /n customer
conservat/on."
27. Page 285 - SERVICE REVIEW
The last sentence should be updated to read "Once the Service Review is completed,
the City of Ukiah expects to reduce its sphere of influence." t+h..* ...........
ph
28. Page 285 - FIRST PARTIAL PARAGRAPH
Revise the following sentence accordingly: "Construction will begin in the fall summcF
of 2005 and is expected to be completed in 30 to 36 months." 2 2.5 years."
7
29. Page 285 - FIRST FULL PARAGRAPH
"Tt is possible that the future policy would result in the need to tine the facility's
evaporation/percolation ponds to prevent percolation to the Russian River."
Remove this sentence since there is only speculation about what the Board might do.
30. Page 285 - PARAGRAPH ENTITLED, "CONNECTION FEES"
"The UVSD and City of Ukiah levy standard fees for extending wastewater service to
new development. Currently, the UVSD fee for a two-bedroom home would be $8,800.
This money is used to repay the bonds for the treatment and disposal facility expansion.
Sewer fees are used for the rehabilitation component of the facility improvement
project."
Replace with: "The UVSD and C/ty of Ukiah have connect/on fees for connect/hq to
the wastewater system. Current/y, the UVSD fee for a two-bedroom home is
approximate/y Sg, O00. This money is used to repay the bonds for the capacity addition
to the wastewater treatment p/ant improvement pro/ect. Plonthly sewer fees are used
for the rehabilitation component of the faci/ity improvement pro/ect':
31. Page 285 - FOOTNOTE #146
"146 BERNIE Ziemianek, 6~2~04
Replace with: "146 Bernie Ziemianek, 6/2/05'
32. Page 287 - THIRD PARAGRAPH
"or a new facility could be....."
Replace with: "or a new sate//ire £aci/ity cou/d be...."
33. Page 287 - THIRD PARAGRAPH
Remove the following sentence: "The City is current/y /nvestiqatinq the poss/b/e
purchase of/and to the north of the treatment and disposa/ fac//ity that cou/d be used
for future expansion."
34. Page 288 - POLICY CF-4.2
See previous correspondence on this issue/language, dated September 14, 2005 (copy
enclosed).
35. Page 298 - CITY OF UKIAH RECREATION FACILITIES
The description of the City's recreation facilities needs to be updated to reflect the new
Perkins Street Park and the emerging Observatory Park.
36. Page 302- IMPLEMENTATION MEASURES PR-2.1 AND PR-2.1.2
These Implementation measures inappropriately provide directives to the City. While the
City supports cooperative efforts with the County regarding park and recreation planning,
providing directives to the City in the UVAP is inappropriate.
37. PAGE 305 - IMPLEMENTATION MEASURE PR-I.2.2
The City believes that future development in the planning area will have a significant
adverse impact on City parks and recreation facilities. Even with the UVAP policies
calling for County-City cooperation to investigate methods for financing parks and
recreation facilities and services, we recommend that a second sentence be added to
Implementation Measure PR-1 2.2 to ensure that this mitigation measure is effective:
"All residential development projects of 15 or more units shall include on-site outdoor
recreation facilities such as tot-lots, basketball courts, and/or other similar
improvements."
The City has been using this approach successfully to reduce impacts on park and
recreation facilities and services.
38. Page 316 - IMPLEMENTATION MEASURE AE-l.l.1
Since adoption of the City Genera[ Plan, the City and the County have worked
cooperatively to interpret and implement the provisions of the Ukiah Airport Master Plan.
Accordingly, the following language is a more practical approach to mitigating potential
noise impacts originating at the Ukiah Municipal Airport:
"The County and City sba!! be ........ ~ shall continue to work cooperatively with
the City to interpret and implement the City Airport Master Plan and to maintain
consistent land use classifications and uses in the immediate unincorporated vicinity
around the Ukiah Municipal Airport
39. PROJECT ALTERNATIVES
The draft EIR concludes that loss of farmland and prime agricultural soils, views of open
space, traffic impacts on neighborhoods through which proposed road extensions will be
constructed, and growth inducing impacts are all significant, adverse and not mitigated
to a level of insignificance by the UVAP as tentatively approved or even as augmented
by the mitigations discussed in the draft EIR. (See pp. 42-43.)
The draft EIR discusses project alternatives that would have less of these unmitigated
adverse environmental impacts than the draft EIR, including a "Growth Management"
and a "Sustainable Development/Smart Growth" alternative. The draft EIR concludes
that the Growth Management alternative is environmentally superior to the UVAP, even
with the mitigations proposed in the draft EIR to reduce the adverse impacts of the
tentatively approved draft UVAP. (Id.)
The draft EIR acknowledges that the Sustainable Development/Smart Growth alternative
can be combined with the Growth Management a'rternative and that this combined
alternative would have even less adverse impacts than the Growth Manageme~*t
alternative standing atone.
The City maintains that based on this information in the draft EIR, the County cannot
adopt the findings required by CEQA to approve the tentatively approved UVAP, even
with the additional mitigations proposed in the draft EIR.
Under Public Resources Code Section 21081 and 14 California Code of Regulations
("CCR") Section 15091,* a public agency that approves a project for which a final EIR
has identified significant adverse impacts must make one of three findings with respect
to each unmitigated adverse impact: (1) "changes or alterations have been required in,
or incorporated into, the project which avoid or substantially lessen the significant
environmental effect as identified in the final EIR..." ( Section 15091(a)(1), emphasis
added), (2) the changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. The changes have been
adopted by the other agency or can and should be adopted by the other agency
(subsection (a)(2), or (3) "[s]pecific economic, legal, social, technological or other
considerations . . . make infeasible the mitigation measures or project alternatives
identified in the EIR" (Section 15091(a)(3).)
In addition, where, as here, there is an adverse effect that has not been mitigated to
insignificance, Public Resources Code Section 21081(b) and Guideline Section 15093
requires the County to balance in a Statement of Overriding Consideration the
economic, legal, social, technological or other benefits of the Project against its
unavoidable environmental risks. If the specific such benefits outweigh the unavoidable
adverse environmental effects, the adverse environmental effects may be considered
acceptable. All these findings must be supported by substantial evidence in the record.
(See Guideline Sections 15091(b) and 15093(b).)
Findings of overriding consideration alone are not enough. The agency must find that
the environmentally superior project alternative is not feasible or that the identified
adverse environmental impacts are not within the County's control and either have been
or can and should be mitigated by the jurisdiction with authority to mitigate those
impacts.
The City maintains that the County cannot make these required findings. The
unmitigated adverse impacts are not within the control of another jurisdiction rather than
the County and the environmentally superior alternative, whether it be the Growth
Management Alternative or a combination of that alternative with the Sustainable
Development/Smart Growth alternative are not infeasible for any of the reasons set forth
in Guidelines Section 15091(a)(3).
The City will also review any proposed Statement of Overriding Consideration to
determine that the balancing of benefits and impacts is properly done and is supported
by substantial evidence in the record.
~ The regulations at 14 CCR §§ 15000- 15387 contained the CEQA Guidelines promulgated by
the State Secretary for Resources. All subsequent references to these regulations shall be to the
"Guidelines.",
10
40. MITIGATION MONITORING
While we acknowledge that Section 15097 of the CEQA Guidelines allows the Mitigation
Monitoring Plan for a General Plan leveI document to consist of policies included in the
Plan, the City believes that it is crucial for the EIR to provide a mitigation monitoring
table indicating who is responsible for implementing each mitigation measure/policy,
when and how it will be implemented, the projected cost, and who will be responsible for
the cost. This would provide meaningful public disclosure and a sensible and practical
link between the EIR and UVAP, as well as a statement regarding the true viability of the
Plan. The "Timeframe" and "Responsibility" statements after some of the
implementationlmitigation measures are useful, but a formal Mitigation Monitoring Table
would present all the mitigation monitoring information in one place in the document
/
/
On behalf of the unanimous City/Council, thank you again for providing an opportunity to
comment on the Ukiah Val~.ley~fea Plan Draft Program Environmental Impact Report.
Pla?fning and Commt~nity Development
Encl.
11
September 14., 2005
Ms Pam Townsend, Senior Planner
Mendocino County Planning & Building Services
501 Low Gap Road, Room 1440
Ukiah, CA 95482
RE; UVAP Draft EIR
Dear Para
The City of Ukiah is currently reviewing the Draft Environmental Impact Report (EIR) for
the Uki~h Valley Area Plan (UVAP). We understand that the formal public review and
comment period is August 26, 2005 through October 26, 2005 The Ukiah City Council
will be discussing the document at its October 5, 2005 meeting and will be providing
formal comments shortly thereafter.
The following are preliminary staff observations The City is about to commence Phase
1 of ~tsWastewaterTreatment Plant Upgrade and Expansion Project That phase will
upgrade the existing sewer plant and provide some additional capacity for new sewer
connections It is not enough capacity to serve build-out under the Land Use Element of
the proposed UVAP
The m~tigated negative declaration for this project also evaluated the enwronmental
impacts from a proposed Phase 2 which would add additional capacity to the treatment
plant to serve all of the development authorized by the UVAP Phase 2would require
the acquisition of the following properties to the north of the existing treatment plant
property: APN's 184-100-04 (Norgard), 184-090-01 (Norgard), 184-090-06 (Mattern),
and 184-090-07 (Norgard) The UVAP designates these parcels "AG" (Agricultural
Lands), but states that if the City acquires the Norgard parcels, the County will, at
County expense, rezone the Mattern parcel to an industrial zoning classification The
City has never contemplated acquiring the Norgard parcel but not acquiring the Mattern
parcel Phase 2, if it were pursued, would require the acquisition of both the Norgard
and Mattern parcels The proposed UVAP prowsions relating to re-zoning the Mattem
parcel could be used by the Matterns to justify appraising that property as industrial
rather than as agricultural property. This could raise the acquisition costs to the point
where Phase 2 would no longer be financially feasible The EtR should consider the
environmental impact of this provision of the UVAP. It could restrict the City's ability to
~ncrease the capacity of the wastewater treatment plant to serve all of the development
authorized by theUVAP If that level of development is authorized without thecapac~ty
to serve it with adequate wastewater treatment services, it could have significant,
adverse environmental impacts not considered by the draft EIR.
t..e C~ty for our rewe,v and comn-~ent ~.^/e will
7t~ank you for sending the draft FIR to ~'
forward the Q~ty Council core, set, ts to ysu p~omptly after its October 5. 2005
me~.ng
/', :~ley Stump, D~re~or
,~' P/snmn9 and Comau: ty ~evetopmem
/
October 24, 2005
Honorable Board of Supervisors
Mendocino County
501 Low Gap Road
Ukiah, CA 95482
RE: Request to Extend Review and Comment Period - Ukiah Valley Area Plan Draft
Program Environmental Impact Report
Honorable Chairman Delbar and Members of the Board:
The City of Ukiah recently conducted two public workshops to take public comment and
formulate comments regarding the Ukiah Valley Area Plan Draft Program Environmental
Impact Report (EIR). While the City has submitted comments for consideration by the
Board of Supervisors, many citizens with concerns and issues, requested that the City
request that the formal review and comment period be extended to allow additional time
for the concerned public to read, understand, and comment on this lengthy and complex
document.
Accordingly, this correspondence is intended to formally request the public review and
comment period be extended an additional thirty days to November 24, 2005.
Thank you for considering this request. The EIR for the Ukiah Valley Area Plan is a very
and the City believes that the of Supervisors would greatly
important document, publ ~possible. Board
benefit from as much
/~'~'har,14 Stu°~mP, Direc/f~
~'~rfning and Com/q~nity Development
1
300 SEMINARYAVENUE UKIAH, CA 95482 5400
Phone¢ 707/,463 6200 Fax~707/463-6204 Web Address:wwwc,tyofukiahcom