HomeMy WebLinkAbouttecp_030894TRAFFIC ENGINEERING COMMITTEE
UKIAH CIVIC CENTER
Council Chambers
300 Seminary Avenue
Ukiah, California 95482
MARCH 8, 1994
5:30 P.M.
AGENDA
BEARD, KENNEDY, BUDROW,
FERNANDEZ, FORD, HARRIS, AND
TURNER
I. CALL TO ORDER
II. APPROVAL OF MINUTES: FEBRUARY 8, 1994
III. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The Traffic Engineering Committee welcomes input from the audience. In order
for everyone to be heard, please limit your comments to three (3) minutes per
person and not more than 10 minutes per subject. The Brown Act regulations do
not allow action to be taken on audience comments.
IV. DISCUSSION/ACTION ITEMS:
a. Presentation of Proposed Downtown Parking Program.
b. Reconsider Request to Revise Three (3) 90 Minute On-Stree[ Parking
Spaces to 24 Minute Limited Parking along West Side of School Street
just South of Standley Street
c. Request for No Parking Zone along Frontage of 953 and 955 North State
Street. Larry Nelson of Nelson Auto Glass Service (Lessee).
d. Highlights of Brown Act.
V. MISCELLANEOUS ITEMS
VI. ADJOURNMENT
8J \TF.C
AO1089d
TRAFFIC ENGINEERING COMMITTEE
UKIAH CITY COUNCIL CHAMBERS
FEBRUARY 8, 1994
5:30 P. M.
MINUTES
MEMBERS PRESENT
Fernandez, William
Chairman Steve Turner
STAFF PRESENT
MEMBERS ABSENT
Ford, Stephen
Beard, Bill
Budrow, Ken
Harris, Michael
Kennedy, Rick
Kathy Kinch
Recording Secretary
The Traffic Engineering Committee meeting was called to order by Chairman Turner at
5:30 P.M. Roll was taken with the results listed above.
APPROVAL OF MINUTES
ON A MOTION by Beard, seconded by Kennedy, it was carried by a consensus vote to approve
the Traffic Engineering Committee minutes of January 11, 1994. Abstain: Ken Budrow.
DISCUSSION/ACTION ITEMS
a. Request to Revise Three (3) 90 Minute On-Street Parking Spaces to 24 Minute Limited
Parking along West Side of School Street just South of Standley Street
Rick Kennedy reported that Larry DeKnoblough, Redevelopment/Economic Development
Coordinator, is requesting three (3) 90 minute on-street parking spaces be changed to 24 minute
limited parking along the west side of School Street just south of Standley Street. The purpose
of the change is to provide customer service parking for Sears, and make available short-term
MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE FEBRUARY 8, 1994
1
STATUS REPORTS/INFORMATION ONLY
a. City Council Action on Recommended Disabled Parking Space on School Street in Front
of Courthouse
Rick Kennedy reported the City Council adopted a resolution establishing a preferential pazking
space on School Street located in front of the Courthouse. A handicap ramp will be installed
within the sidewalk area, and will not affect drainage. An AC ramp will not be installed over
the curb or pazking area.
b. Striving Modifications on Pine. North of Low Gap
Rick Kennedy reported the existing strip was removed and relocated 4 feet to the east.
MISCELLANEOUS ITEMS
Ken Budrow advised the red curb on the north side on Low Gap between Bush and Despina is
badly faded. The Committee discussed installing a series of "No Pazking" sign within this azea
versus repainting the red curb due to cost and maintenance. Staff will proceed with the
installation of "No Parking" signs on the north side of Low Gap between Bush and Despina."
Ken Budrow inquired about the status of the red curb, north side of Ford Street, from North
State Street easterly to the east side of 120 Ford Street, due to no curb, gutter and sidewalk
within this location, and on-street parking creates a restriction in the travel lanes of Ford Street.
Bill Beard responded this item is still in the process of being forwarded to the City Council.
AD.iOURNMENT
There being no further business, the meeting adjourned at 6:15 p.m.
~-Fes--„~~~' __"a~-
Steve Turner, Chairman
Kathy Kinch, Recor ing Secretary \
B:1\TEC
M020894
MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE FEBRUARY 8, 1994
3
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OOLORES M. OONOMOE 1650 MT. DIA BLO BOLILE VA ROB SWTE 200
M EITN R. aC MIRMER
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MIC MAEL R. PNILIPPI 1$1019J2-3600
TIM OTMY o. MURPHY
TERRT SENNE GA%1151019J2-162]
J1ME5 M. MA R2AN
R. CNRI$TOPNER RM OOY
PETER A. URNAU aEN
January 11, 1994 Cr~N~~I ,.
fit' , ,, ~,
Mr. Frank James '~`~-'~
Redwood Empire Municipal Insurance Fund
P. O. Box 885
Sonoma, CA 95476
Re: 1993 Brown Act Amendments
C
C
Dear Frank:
On October 10, 1993 Governor Wilson signed into law three acts
to amend various provisions of the Brown Act. These are contained
in Chapters 1136 through 1138 in the Statutes of 1993. They arise
from Assembly Bill 1426 (Burton), Senate Bill No. 36 (Kopp) and
Senate Bill 1140 (Calderon). The Burton and Kopp bills are
identical. Attached are copies of Chapters 1137 and 1138 for your
reference. The following is a summary of the changes; all
references are to the Government Code.
The term legislative body is defined in section 54952(b).
This codifies the "less than a quorum" exemption for purely
advisory bodies, however standing committees of a legislative body
which have continuing subject matter jurisdiction must follow the
Act. Further, Boards or Committees governing private corporations
that are created by the legislative body, or exercise delegated
powers, or which receive funds from the local agency and include a
member of the agency's legislative body, must comply with the Brown
Act.
(54952.2.)
"Meeting" is now defined. It includes any congregation of a
majority of the members of a legislative body at the same time and
place to_hear, discuss or deliberate upon any item that is within
the subject matter jurisdiction of the local agency. This includes
face to face meetings, and communication through intermediaries or
technological devices. Exceptions are made for individual contacts
between members, and for attendance at conferences, open meetings,
and social or ceremonial meetings, as long as members do not use
the occasion to discuss agency business among themselves.
Member of a legislative body includes any person elected to
office, even before assuming duties of office. (5495.2.7.)
,~ECEIVEI2
JAN 131994
REMIF
C Re: 1993 Brown Act Amendments
January 11, 1994
Page 3
Descriptions of closed session agenda items will substantially
comply with the statute if they follow a format set forth in the
statute. For example, discussion of a case would read "conference
with legal counsel - existing litigation" accompanied by the name
of the case and case number, or a note that disclosure would
jeopardize service of process or existing settlement negotiations.
(54954.5, listing various situations calling for closed session.)
The litigation exception iustifving closed sessions has been
further defined. Litigation includes arbitrations, and
administrative proceedings. A closed session concerning litigation
may be held where facts and circumstances that might result in
litigation are known, or where a tort claim has been received, or
where a threat of litigation has been made to the legislative body,
or where a threat of litigation has been made to an employee, if
the employee makes a contemporaneous record of the statement. The
statute also codifies case law indicating that the Brown Act does
not override attorney-client or work product privileges.
(54956.9.)
The requirement of a memorandum to the body justifying a
closed session has been eliminated. Instead, the legislative body
shall state on the agenda and publicly announce the subdivision
which authorizes the closed session. (54956.9(c).)
Closed session for personnel matters must include a written
notice to the employee of his or her right to have the complaints
or charges heard in open session rather than closed session. If
such notice is not given, action of the legislative body shall be
null and void. Employees covered by this exception include
officers or independent contractors who function as officers, but
shall not include elected officials, members of the legislative
body, or other independent contractors. (54957.)
body returns to open session. There are exceptions if final
approval for a negotiation rests with other parties. In such
cases, the ultimate disposition of negotiations must be announced
as soon as it occurs. Specifically concerning joint powers
insurance authorities, disposition reached as to claims discussed
in closed session shall be reported as soon as reached in a manner
that identifies the name of the claimant, the name of the local
agency claimed against, the substance of the claim, and any
monetary amount approved for payment and agreed upon by the
claimant. (54957.1(a)(4).) Reports concerning dismissal or non-
renewal of employment contracts may be deferred until the first
public meeting following the exhaustion of any administrative
1993-1994.':;U'.,:~As~; ~;,:~.,~ v
transcript of the
r are
C
mmence an actton
~rrinaUOn that an
n 54953, 549542,
s chanter shall be
action challenged
:district attorney
correct the action
54954.6, or 54956.
of the legislative
action was taken
549542, in which
action was taken.
•e or correct the
to cure or correct
pct the challenged
e inactions , I] be
15-day Asian
the day after the
written notice of
• ~~ithin 15 days of
'r is earlier, the
subdivision (a) or
f Sections 5-1953,
void if any of the
54954 °, 54959.5,
h~ncl~ c- piho.
'to.
a contract let by
Glary or fees for
:ice of a challen~
subdivision of the
r 54956, or Section
Given pursuant to
routs riot to the
to ection 54954.2•
sting was noticed
was taken if the
.division (a) if the
on alleged to have
has been cured or
filed pursuant to
(e) The fact that a legislative body takes a subsequen~ action to cure or correct an action
taken pursuant to this section shall t be construed or admissible as evidence of a violation
of this chapter.
SEC. 19. Section 54961 of the Govern ent Code is amended to read:
54961. (a; No legislative body of a local ency shall conduct any meeting ' ` in an_:
cility that prohibits the admittance of any pets , or persons, on the basis of race, relieiou_
cr d, color, national origin, ancestry, or sex or w 'ch is inaccessible to disabled persons, cr
whet members of the public ma not be resent ' hour makin a avment or urcha:e.
This section shall apply to every local agency as define in Section 54951 ' ' '•
(b) ':o nsttce, agenda, announcement, or re ort r uir under this cha ter need identi;:
, _,_ _ .~__.:... _. .L.
or
sexual conduct or
ep rson nas Deer, ~uuuc~ ~~~~~~_~~•
SEC. 20. Sectio 59962 of the Government Code is amended read:
54962. Except as ressly authorised by this chapter, or by Lion
32155 of the Health and afety Code or Sections 37606 and 3762A.3 of e
as they apply to ` ' ` hos ' Is, no closed session may be held by any le
local agency
61. 32106. anc
an}'
SEC. 21. Section 1461 is a d to the Health and Safety Code, to read:
1461. NotaZthstanding any nth provisions of law, the board of directors~anv hospirzi
subject to this chapter may order t t any hearings on. the reports of hospital rn dais[ aud;.
or quality assurance committees be h ld in closed session. An applicant or me 'cal sta::
member whose staff privileges are the irect subject of a hearing may request pubL'.
hearing. Deliberations of the board of ' ectors in connection with matters Aorta a tc
these hearings may be held in closed sessio
SEC. 22. This bill shall become operative on if Senate Bill 1140 and Senate Bill 36 of ~:~
~§S~-9~1 Regular Session of the Legislature are aptered and become operative.
S ?3. This act shall become operative on A it 1, 1994.
SEC. No reimbursement is required by this a pursuant to Section 6 of Article XI1:
B of the Ca ' ornia Constitution because the only cos which may be incurred by a ]oc~
agency or sch district will be incurred because this ac creates a new crime or infraction
changes the defin 'on of a crime or infraction, changes the natty for a crime or infraction.
or eliminates a cram or infraction.
However, notwithsta ing Section 17160 of the Government Code, if the Comma:
State Mandates determin that this act contains casts mandated the state, reimbu
to Incal a¢encies and sch 1 districts for those costs shall be de pursuant to
(commencing with Section I 00) of Division 4 of Title 2 of the Go ernment Code.
statewide costs of the claim for reimbursement does not excee one million
($1,000,000), reimbursement sha be made from the State Mandates C ims Fund.
Notwithstanding Section 17580 o the Government Code, unless otherwl a specifier
act, the provisions of this act shall become operative on the same date that t act tak•
pursuant to the California Constitution.
LOCAL GOVERNMENT-OPEN MEETINGS
CIIAPTEI2 1137
S.B. No. 36
A.V ACT to amend Sections 54952.7, 54953, 54953.5, 54954, 519542, 549513, 54956.9, 54957, 54951
54957.5, 54957.7, 54959, 54960, 51960.1, 54961, and 54962 of, and to add Sections 54952.1, 5495?
549x3.6, and 54954.5 to, the Government Code, and to add Section 1461 to the health and Safe
Code, relating to open meetings.
[Approved by Governor October 10, 1993.]
[Filed with Secretary of State October 11, 1993.]
Additions or changes indicated by underline; deletions by asterisks ' ' ' 011
islative bodies of
iFied exceptions.
C ,cerning public
attend a meeting
violates the act
" to include any
}'et assumed the
e body of a local
a majority of the
• deliberate upon
vocal agency, and
levices employed
n to be taken on
_: shall be open
allot.
by any person.
;ency subject to
wise restrict the
C ~roadcastcannot
agency need not
jurisdiction. If
.r may designate
oundaries of the
~eotions for the
en's designee to
hours before a
ss and restricts
rt least a 'b vote,
~onagenda item.
cription of each
:used in closed
in questions not
he discussion or
; to provide an
proposed to be
to address the
•e the legislative
s according to a
The Ralph ,vt. Brovm Act authorizes closed sessions ~. a legislative body to confer with, or
receive advice from, its legal counsel regarding pending litigation when discussion in ooer.
se=_sior. would prejudice the position of the local agency in the litigation and describes tie
'acts and circumstances that rnnstitute pending litigation. Existing law states that tb
authority is the exclusive expression of the lawyer~lient privilege for purposes of conduc!i-~
closed sessions pursuant to the act. The act requires the legal counsel to prepare a
memorandum concerning the reasons and legal authority for the closed session.
This bill would state that this authority for closed sessions for the legislative body to con`=-
with or receive advice from its legal counsel does not limit or otherwise affect the law_:e-
client privilege as it may appl:: to written or other communications outide meetings behce_-
the legislative body and it< legal counsel. The bill would specify additional facts a-..
circumstances for determining what is pending litigation. The bill would delete the memos-.-
dum requirement.
Under the Ralph M. Brower Act, closed sessions may be held for various reasons, includ_--_
matters relating to employe, as defined.
This bill would revise the definition of employee to include an officer or independe-.:
contractor who functions as an officer or an employee and to exclude any elected officio:.
member of a legislative body, or other independent contractor and would require that, as a
condition of holding a closed session on complaints against an employee, charges to consid=_-
disciplinary action, or to consider dismissal, the employee be given written notice of his or h_r
right to a public session. The failure to give the notice would nullify any action taken in t=e
closed session against the employee.
The Ralph M. Brown Act requires the legislative body to publicly report closed se_s,-.
actions taken and roll call votes to appoint, employ, or dismiss a public employee.
This bill would instead require the legislative body to publicly report any action taken
closed session and the vote or abstention of every member present on real estate negotiation s
litigation and pending litigation issues with specified exceptions, claims !or various liabi_:_.
los=_es, various personnel actions, and certain collective bargaining matters. The bill wou c
prohibit any action for injury to reputation, liberty, or other personal interest by an employee
or former employee with respect to whom a disclosure is made by a legislative body in ~-
effort to comply with these provisions. The bill would prescribe how the reports are to ~t
made and would require a brief statement of the information to be posted, as specifies.
thereby imposing astate-mandated local program.
Under the Ralph M. Brown Act, agendas and writings distributed to members of t: e
legislative hodv by persons rnnnected with the bodv for discussion or consideration at a oub~.
meeting of the body are public records unless specifically exempt from public disclosure
This bill would specify that writings intended for distribution to members by any person. ~-
connection with a matter subject to discussion or consideration at a public meeting are pub:::
records. The bill would require that writings that are made public records under t,i:
provision and are distributed during a public meeting shall be made available for pubii
inspection at the meeting, or after the meeting, as specified.
The Ralph M. Brown Act requires the legislative body to state the general reason c:
reasons for holding any closed session prior to or after holding the closed session.
This bill would require the disclosure of the items to be discussed in the closed ses::
prior to holding the closed session.
The Ralph M. Brown Act makes it a misdemeanor for a member of a legislative body t
attend or participate in a meeting of the legislative body where action is taken in violation. c
the act with knowledge of the fact that-the meeting is in violation of the acL
This bill would instead make it a misdemeanor if the member attends or participates w=t'.
wrongful intent to deprive the public of information to which it is entitled under the ac
This bill, by enlarging the number of persons and bodies subject to the Ralph M. Bro~•v
Act and by revising the definition of a meeting elsewhere in the bill, would enlarge the sccF
of existing crimes and would create new crimes and would thereby impose astate-mandate
local program.
Additions or c`tan9es indicated by underline; deletions by asterisks ' 511
(1) Indiv. al contacts or conversations behveen ember of a legislative body and a
rence an action b}
aken by a legislative other person.
attendance of a majority of the members of a legislative body at a conference
Th
_ss anv of specified
to cure
bod e
(2)
similar gathering open to the public that involves a discussion of issues of general interes
d
y
tUve
~~
f
'{En t:
the public or to public agencies of the type represented by the legislative body, provide
i
;
a
, fic nature t:
a majority of the members do not discuss among themselves business of a spec
arson co commence
of any rule or
~5dit is within the subject matter jurisdiction of the local agency. Nothing in this paragrapr
ee admission to a conference or similar gather
f
bli
y
or to compel the c
r
intended to allow members of the pu
zt which the organizers have required other participants or registrant_ to pay fees or cha-:
I would also require as a condition of attendance.
,ccurred in a closed (3) The attendance of a majority of the members of a legislative body at an ope-
sties inaccessible to publicized meeting organized to address a topic of local community concern by a pe-sr
ther than the local agency, provided that a majority of the members do
i
i
it or purchase. The on o
zat
organ
discuss among themselves business of a specific nature that is within the subject ma:
fired by the act need jurisdiction of the legislative body of the local agency.
abuse, as specified. (4) The attendance of a majority of the members at a purely social or ceremonial occz
rict and the board of provided that a majority of the members do not discuss among themselves business. c
isdiction of the legislative body of the Ic
t
poses. er jur
specific nature that is within the subject mat
spital to hold closed
nmittees and would agency.
SEC. 3. Section 59952.? of the Government Code is amended to read:
E vu 2Ct St:bjct~ Of a
A legislative body of a local agency may require that a copy of this c apter
7
54952
3 1190 and AB 1426 .
.
given to each member of the legislative body and any person elected to serve as a membe
ot assumed the duties of office. An elected legislative boc•.
h
h
as n
o
the le islative bod w
local agency may require that a copy of this chapter be given to each member of e
bers are appointed by or under the authc
;. legislative body all or a majority of whose mem
agencies and school of the elected legislative body.
tion 54953 of the Government Code, as amended by Section 1 of Chapter
S
establish procedures
es Claims Fund to ec
SEC. 4.
of the Statutes of 1988, is amended to read:
u
en and
ll b
h
~.ner procedures for p
e op
a
54853, (a) All meetings of the legislative body of a local agency s
of the legislative body of a
ti
ng
and all persons shall be permitted to attend any mee
fired b_v this act fora agency, except as otherwise provided in this chapter.
the legislative body of a local agent}'
ion of law
i
' ,
s
(b) Notwithstanding any other prov
teleconferencing for the benefit of the public or the legislative body of a
id
aces determines that
costs shall be made eo
use v
agency in connection with any meeting or proceeding authorized by law. The use of ~
d to the receipt of o
it
be li
~t exceed S1,000,000, e
m
teleconferencing, as authorized by this chapter, shall
.• t}o to.-;~t~r;.;~ body and to deliberations of the legislative bod,
b
y ... ~o
ccmment or .: s.:.:.c ;;
islative body of a local agency elects to use video teleconferencing, it shall post age
le
th
g
e
t all video teleconference la ations and adopt reasonable regulations to adequately pr
a
the statutory or constitutional rights of the parties or the public appearing beforE
term "video teleconference" shall mean a sy
Th
read:
" e
legislative body of a local agency.
both audio and visual participation between all members of the legis:
f
id
includes,
cal agency
slative body who has or
es
which prov
body and the public attending a meeting or hearing at any video teleconference lots
r her conduct to the + + +
>ment of this chapter (c) No legislative body shall take action by secret ballot, whether preliminary or
SEC. 5. Section 54953.5 of the Government Code is amended to read.
54953.5. (a) Any person attending an open and public meeti; g of a legislative bod}
ith an audio or vide'
allowing: local agency shall have the right to record the proceedings w
in the absence of a reasonable f"tnding b
~dy in the same time recorder or a still or motion picture camera
ency that the recording cannot continue without
cal a
l
h
f
the subject matter
i g
o
e
t
legislative body o
or obstntction of view that constitutes, or would constitute, a
illumination
,
ns.
~ological devices that
~ ,
disruption of the proceedings
record of an open and public meeting made for whatever purnc
f
l
. develop a collective
the legislative body. i
m
(b) Any tape or
or at the direction of the local agency shall be subject to inspection pursuant to the Cal
th Section 6250) of Dtvtston 7 of 1 ille 1
apter upon any of the Public Records Act (Cha ter 3.5 (commenctn wi
not<vithstandinR Section 34090 may be erased or destroyed 30 days after the taa~
' '
Additions or changes indicated by underline; deletions by asterisks
is ~
~~ I~~
_TE~ Ok 1993 1993-1994 RED 'LAR SESSION Ch. 1137, § 10
out chart'e on a
in closed session. A
of an item generally need not exceed 20 words.
of the regular meeting and shall be posted in a
location that is freely accessible to members of the public.
~adcasc of its No action or discussion shall be undertaken on any item not appearing on the posted
. accomplisi:ed ~ agenda, except that members of a legislative body may briefly respond to statements made or
;tent disruption questions posed by persons exercising their public testimony rights under Section 54954 3
In addition, on their own tntUaUve, or m response to Questions Dosed by the nnhlic me..,ho.~
of a legislative body may ask a question for clarification provide a reference to staff or other
nce, resolution i resources for factual mformaGon, or request staff to report back to the bodv at a subsequent
,
that body, the meeting concerning any matter. Furthermore, a member of a legislative body or the bpd
~ itself, may take action to dtrect staff to place a matter of business on a future agenda.
field within the (b) Nohtiithstanding subdivision (a), the legislative body may take action on items of
xcept to do anv business not appearing on the posted agenda under any of the ' ' `conditions ' `stated
below. Prior to discussing any item pursuant to this subdivision, the legislative body shall
publicly identify the Item.
~ht within the (1) Upon a determination by a majority vote of the legislative body that an emergency
situation exists, as defined in Section 59956.5.
.hat are outside (2) Upon a determination by a two-thirds vote of the legislative body, or, if less than two-
iscussion held thirds of the members are present, a unanimous vote of those members present, that ' '
di
' ` '
fie participating there is a need to take imme
ate action
and that the need for action came to the
tte
ti
f the lo
l a
enc
subse
uent t
th
d
b
i
t
d
ifi
d i
bdi
n this ch
t n
on o
ca
g
y
q
o
e agen
a
a
e
e
as spec
ng pos
e
n su
vision
an
er.
(a).
:ility within the d
or at the
Lion (3) The item was poste
pursuant to subdivision (a) for a prior meeting of the legislative
,
over which the body occurring not more than five calendar days prior to the date action is taken on the item,
d
i
i
h
h
an
at t
e prior meet
ng t
e
tem was continued tp the meeting at which action is being
taken.
ofrtcials of Che
aical, solely to SEC. 9. Section 54954.3 of the Government Code is amended to read:
fifth the federal 54954.3. (a) Every agenda for regular meetings shall provide an opportunity for members
of Che public Lo directly address the legislative body on any item of interest to the public,
in or nearby a before or during the legislative body's consideration of the item, that is within Che subject
mited to items matter jurisdiction of the legislative body, provided that no action shall be taken on any item
not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of
in on
endin Section 59954.2. However, the agenda need not provide an opportunity for members of the
p
g public to address the legislative body on any item that has already been considered by a
I fees or costs. ot~,.,,
oli
,
iFlati~e bNly
ar a n
committee
composed exclusivel
of members of the 1e
o
aa
v
,
„
,
y
fin the district wherein all interested members of the public were afforded the opportunity to address the
f the following: committee on the item, before or during the committee's consideration of the item, unless the
item has been substantially changed since the committee heard the item, as determined by
ference to the the legislative body. Every notice for a special meeting at which action is proposed to be
taken on an item shall provide an opportunity for members of the public to directly address
the legislative body concerning that item prior to action on the item.
(b) The legislative body of a local agency may adopt reasonable regulations to ensure that
at ]east one of the intent of subdivision (a) is carried out
includin
but not limited to
re
ulati
li
iti
,
g,
,
g
ons
m
ng
veers authority the total amount of time allocated for public testimony on particular issues and for each
which complies dividual speaker.
~
(c) The legislative body of a local agency shall not prohibit public criticism 6f the policies
safe to meet in ,
procedures, programs, or services of the agency, or of the acts or omissions of the legislative
urgency at the
r her designee body. Nothing in this subdivision shall confer any priv ege or protectiop for expressi~gn
~~
-
t
'"~
~
`
~
beyond that otherwise provided by law.
~= ti+,t
ttv~-
s
~
v~.
t~i cM t~wi.~.~.
61956 by Che
SEC. 10. Section 54954.5 is added to the Government Code, to read:
54954.5. For purposes of describing closed session items pursuant to Section 54954.2, the
dy of the local agenda may describe closed sessions as provided below. No legislative body or elected
ription of each official shall be in violation of Section 54959.2 if the closed session items were described in
o be discussed substantial compliance with this section. Substantial compliance is satisfied by including the
information provided below, irrespective of its format.
4d9~1~^^s or c~~nae; i^a~~~!=d by and=rlir=~ de!e'ions bV ast>risks .ril'i
..: ~.. .. .....- ,, .. ....,. ._,. .'~~_ _q:, .'.._ ,, ..mot Lr. b...~.:.`i.. .. ..~
a ..~ .. -
( >_ssion pursuant tv
el number or other
cern price, terms of
session pursuant to
)N
arties, case or claim
;er~~ce of process or
ATION
~n 54906.9: (Specify
(Specify number of
session pursuant to
;ession pursuant to
of officer)
;ession to consider
:ession pursuant to
C
tployee)
~ • .
= Unrepreeer.ted, emclay~~: ;Specify position title of unrepresented employee who s t
:nthecL o' the regotu~cions) - -
(g) Vr'ith resp~rya to dosed sessions called pursuant to Section 54957.8:
- CASE REVIEtiV/PLAPINING -
' (h) with resp~~^t to every item of business, discussed in closed session pursuant to Seat
54962 and Sections 1461, 321G6, and 32155 of the Health and Safety Code or Sections 37
. and 376?9.3 of the Government Code:
= REPORT IA"VOLVING TRADE SECRET -
Discussion will concern: (Specify whether discussion will concern proposed new servi
program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony/deliberation will concern staff privileg
report of medical audit committee, or report of quality assurance rnmmittee)
• SEC. 11. Section 54956-9 of the Government Code is amended to read:
54956.9. Nothing in this chapter shall be construed to prevent a legislative body of a to
agency, based on advice of its legal counsel, from holding a closed session to confer with,
receive advice from, its legal counsel regarding pending litigation when discussion in of
session concerning those matters would prejudice the position _of the local agency in r
litigation. - -
For purposes of this chapter, all expressions of the lawyer-client privilege other than the
provided in this section are hereby abrogated. This section is the exclusive expression of t
lawyer-client privilege for purposes of conducting closed-session meetings pursuant Lo t
chapter.
For purposes of this section "litigation" includes any adjudicatorv_ proceeding, includ
Pm;,,P„t. domain. before a court, admmtstrattve body exerctsmR its adtudtcatoty author
hearing officer or arnttracor.
For purposes of this section, litigation shall be considered pending when any of
following circumstances' exist:
(a) ' ' `Litigation, to which the local agency is a party, has been initiated form=
(b)(1) A point has been reached where, in the opinion of the legislative body of the 1.
agency on the advice of its legal counsel, based on existing facts and circumstances, there
siguweant exposure to litigation ag:tinst the ]ocai agency.
(2) Based on existing facts and circumstances, the legislative body of the local agenc
meeting only to decide whether a closed session is authorized pursuant to paragraph (1
this subdivision.
For purposes of
of one of the folio
(A) Facts and c
the agency believe
circumstances nee
(B) Facts and c
transactional occu
to a potential plai
the agenda or am
(C) The receip
communication fry
shall available
(D) A statemer
a specific matter
(E) A stateme
mrrtinv On a Spe
and
and
shall constst c
aumstances that mi ht result in liti ation a inst the a enc but w
are not yet nown to a potential plaintiff or plaintiffs, which facts
not be disclosed. .
~umstances including but not limited to an accident, disaster, inciden
znce that might restilt m httgatton agamst the agency and that are lrn
iff or laintiffs, which facts or circumstances shall be ubltc] state
anc .
of a claim pursuant to the Tort Claims Act or some other wr
t a tential lamttff threatenmg hUgatton which claim or commutnc:
r pu tic inspection pursuant to Section 54957.5. .
made. by a person in an open and public meeting threatening ]itigatic
made by a
n~l,r,...$ Or r6,~~no~ in l;..~lod 4V 0^anr~lne
an oxen and
deletions by 2sterisks ' t ~ % ~Ir
I'UTES OF 1993
(A) If its n a proval renders the agreement fin the body shall r~rt that approva
' akes a contempo- and the substance of the agreement m open session at the public meeting during which t~.
shad be available closed session is held.
need not identiiti' (g) If final approval rests with the other party to the negotiations, the local agency sha:
A threat on their disclose the fact of that approval and the substance of the agreemen i.pon inquuy by ar
C ,nv unlawfiti or n as soon as the other party or its atzent has tnfoi-med the local agency of its appro
:ity of the person perso
(2) A royal iven to the body's le al counsel to defend, or seek or refrain ftrom seeki,~
iications that are anneL'ate review or relief or to enter as an amicus curiae in anv form of litigation as tr.
Section 54906.9 shall be re rted m o en session at the aub
d
~lic F.ecords Act er
result of a consultation un
which the closed session is held- The report shall identify if known. u
i
d
ng
ur
meeting
rties and the substance of the litigation. In the case of approval given
local agency has adverse party or pa
tnittate or intervene m an action the announcement need not ids ttfy the action t
defendanU or other particulars but shall specify that the direction to mutate or intervene
sh
t
l
body of the local ars
icu
an action has been given and that the action the defendants and the o her par
unless to do so wou
' of this
i once formall commenced, be disclosed to any er<_on upon m tr ,
on
l
to subdivision (a), eo ardize the enc s abilit to effectuate service of rocess on one or more unnerve
to conclude existing settlemer
bilit
i
m to be discussed, y
ts a
parties or that to do so would leoPardize
effectuate service negotiations to its advantage.
sel of a settlement of pending litigation,
l
l
'
rdize its ability to coun
ega
s
(3) Approval given to the body
a ~udtetal or quasi ludic
durin
t
g
o or
defined in Section 549x6 9 at any stage prior
~ shall be re orted a`izr the settlement is final. as spectfied below:
adi;
icant exposure to .
ioce
(A) If the body accepts a settlement offer signed by the opposing party, the body shy
t
znificant exposure re ort its acceptance and identify the substance of the agreement m open sesston a
during the course ublic meeting during which the closed sesston is held.
i issue whether an p
(B) If final a proval rests with some other art to the liti anon or with the court, then
as the settlement becomes final and upon inquiry by any person, the local agency sc
oon
disclose the fact of that approval and tdenttfy the substance of the agreement
C 'tie legislative body
tt
t
i (4) Dis osition reached v to clatms discussed m closed sesston pursuant to Sect:
ted as soon as reached in a manner Chat identities the name o[ t
b
orney,
a
c
distr e re or
59956.95 shall
the substance of the claim, and a
ed a ainst
l
i
g a threat to the
i ,
a
m
claimant, the name of the local a enc c
a«nent and agreed upon by the claimant
d for
ces or
public serv
pecial meeting to p
monetary amount approve
dismtss, aces t the rest anon of, or otherwise au-
em to
int
t
k
;missal of a public ,
,
o as
en
(5) Action ta
ent status of a ublic em to ee in closed session ursuant to Section 54957 s'~
t
by another person o
the em
orted at the public meeting during which the closed session is held. Any re_rr
e
b
to holding a closed p
e r
utred by this paragraph shall identify the title of the position and ~pectfy any chap e
another person or re
compensation the general requirement of this paragraph notwtthstandtng,_the report c
il he r
L' b d d ' i
:
:i~ht to ha~:e th>_ _._.
;a
dismissal or of the nonrenewal o[ an em iu mars w~i~roc. ~
which notice
;sion, ublic meeting following the exhaustion of administrative remedies, it an .
iefore the time for
(6) A royal of an a cement concludm labor tie otiaGons ursuant to ection 5495
tion taken b the hall be reported after the agreement is Final and has been accepted or ratified by the oti
or c arges in the s
t The report shall tdenttfy the ttem approved and the other'arty or parties to
le from ' 'that ar
other witnesses in negotiation.
d to be made ursuant to this section maybe made orally o:
i
m
(b) Re orts that are r u
le islative bod shall rovide to any rson who has submitted a wrr
Th
i
i
de an officer or an e
wT
t
n
uest to the ]e islative body within 24 hours of the pasting of the agenda, or to any pe.*
all not include any req
made a standing request for all documentation as part of a request for nouc
who ha
ictors Nothing m
t to m
meetings pursuant to Seaton 54909 1 or 54956 tf the requester is present at the trine
t
d
stings pursuan
37606 and 37624.3 s
ocumen
closed session ends, co ies of an contracts, settlement a cements, or other
If the action taken results in on
i shall not inclu~ were finall a roved or ado red in the closed session.
the docum
irin ret in
,
more substantive amendments to the related documents re u
~
et need not be released until the retyping is completed during normal business hours, Pro~
j. that the presiding officer of the legtslattve body or his or her designee orally summarize
t~ rt • 'anv action substance of the amendments for the benert of the document r Hester or an other e
resent thereon as present and requesting t e information.
lrsuant to Section i punctuation as in enrolled bt71-
- ~ ~ ~ Additions ar changes indicated by underline; deletions by asterisks ' ~
to andperson on the ' United Sta of any rule or action by the legislative ' •dy to penalize or otherwise aiscour-.
islative body to tape rec~
le
l th
taken or, in the case I g
e
the expression of one or more of its members or to ~ .upe
its closed sessions as heremafter provtded.
slative body approve (b) The court in its discretion ma u n a 'ud ent of a violation of Section 5995
Lo tape recorc
bod
i
i
l
y
ve.
at
s
59957 or 59957.6 order the leg
956 9
C 0
09950 8 54956 9 54
the to a recordm for the nod ana under urc Beni
,al interest may be closed sessions and reserve
propriate
s a
t d
t to whom .
p
eem
~ecurit~ and confidentiality the cour
respec
a d with the date of the c'.o
bel
] l
section. e
a
(c)(1) Each recordin so ke t shall be immediate
fficer who shall be custodian o;
th
ad: er o
session recorded and the title of the clerk or o
of law., agendas of recordin .
(~) The tapes shall be subject to the following discovery procedures:
rajority of all, of the
i
h which discovery or disclosure of the to e is sought b either the disi
i
t
m connection w
a n
(A) In an case
or 54960.1 allee
54960
n 59959
ti
S
are public
he body ,
,
ec
o
attorne or the laintiff in a civil action ursuant to
b
.
,
fig with Section 6250) een recor
that a violation of this cha ter has occurred in a closed session which has
closure shall file a written notic
di
:coons 6253 and 6256 s
uisuant to this section, the art seekin discove or
iate court with notice to the overnmental a encv which has cost
exempt from public motion with the a ro r
and control of the to e recordin The notice shall be iven ursuant t.o subdivision ('I
are distriouted ' ' Section 1005 of the Code of Civil Procedure
to the items r fired b Section 1010 of the C
dditi
' • at the meeting if on
($) The notice shall include, in a
after the meeting ~ of Civil Procedure all of the following: .
the
ht
i
p
s soug
,
(i) Identification of the proceedmq in which discovery or disclosure
orded ono
seeking discove or disclosure, the date and tune of the meetm rec
h has custody and control of the recording.
hi
hive body of a local c
oiernmental agency w
ctfic facts mdicatm that a violation of the act occu
cant to Section 6257. (ii) M affidavit which contains s e
the public's right to in the closed session.
finds that there is pod cause to be
ti
h
Publi
lif
i
C
h on,
e mo
followin a review of t
court
If th
c
a
a
orn
t
e ,
e
(3)
the recording of that port!
w in camera
i
of Title 1). Nothing ,
e
that a violation has occurred the court may rev
C agency to place any the closed session alle ed to have violated the act.
w the court concludes that disclosure of a portion o
i
e
(4) If following the in camera rev
] to matenall asstst m the resolution of the hU anon alle
k
l
e
i
recordin would be
lation of this chapter the court shall in its discretion make a certified transcript o!
ad: vio
ortion of the recordm¢ a public exhibit m the proceeding
ve body of the local p
in this section shall permit discovery of communications which are protectr
thi
N
be discussed in the ng
o
(5)
tem or items as they the attorney-client privilege.
1 of the Government Code is amended to read:
54960
i
legislative body may .
on
SEC. 18. Sect
in this section shaii 54960.1. (a) ` • 'The district attorney or any mterested person may cumrueixc a., o
of obtaining a judicial determination the
state or federal law. by mandamus or injunction for the purpose
54'
tion 54953
f S
i
,
ec
on o
islative body of a local agency in violat
l
b
open session prior to eg
y a
action taken
Nothing in this chapter sh
ection
thi
d
i
k
f
i .
s s
er
or 54956 is null and void un
6
54959
959
5
n
en
act
on ta
.1 o ,
.
.
,
54
or correcting an action challe
in
fr
g
om cur
construed to prevent a legislative body
t to this section may pursuant to this section.
the district att~
t to subdi~~sion (a)
d
bli
h
l ,
pursuan
action being commence
to an
i
P
b
c
e pu
ong as t
as y
or
(
r
)
to cure or correct the
tive bod
l
i
l
h
t y
a
s
e
eg
erson s}iall make a demand of t
t
d
i
s.
the announcemen e
p
nteres
or
54954.6, or
59954.5
2
54954
54953
i
S
,
,
.
,
on
ect
alleged to have been Laken in violation of
i
h
]
f
j: :
eg
t
e
The demand shall be in writing and clearly describe Lhe challenked action o
that legislative body body and nature of the alleged violation.
wrongful intent The written demand shall be made within 90 days from the date the action was
hapter, is guilty of a unless the action was taken in an open session but in violation of Section 54954.2, m
'
and shall be made wtthm 30 days from the dale the action was
d
i
3c em
tten
case the wr
Within 30 days of receipt of the demand, the legislative body shall cure or corre
commence an action challenged action and inform the demanding party in writing of its actions to cure or c
ot to cure or correct the chat
i
i
d
Aping or preventing
l
li
b
d
]
f
l on n
ec
s
or inform the demanding party in writing of its
takes no action within the 30-day period, the inaction s:
d
b
i
oca
a
ve
o
y o
a
;
~atened future action o
y
ve
action. If the legislat
ed a decision not to cure or correct the challenged action, and the 15-day per
d
this slate or of the eem
commence the action described to subdivision (a) shall commence to run the day aft
s
~j ~ ~~ Additions or changes indicated by underline; deletions by asterisks ' '
~f the written notice of
ct, or within 15 days of
chever is earlier, the
: to subdivision (a) or
Con of Sections 59953,
and void if any of the
1953, 59954.2, 59954.5
notes, bonds, or other
.hereto.
ing a contract let by
of salary or fees for
t notice of a challenge
z. -
i or subdivision of the
:lion 59956, or Section
tics given pursuant to
'2 hours prior to the
ant to Section 54959.2,
meeting was noticed
;ion was taken if the
subdivision (a) if the
action alleged to have
C )56 has been cured or
~n filed pursuant to
or correct an action
:vidence of a violation
SEC. ~ This bill shall become operative only a Senate Bt11 1190 and Assembty B~
of the 1993-94 Regular Session of the Legislature aze chaptered and become open
SEC. 23. This act shall become operative on Apn1 1, 1994.
- SEC. 24. No reimbursement is required by this act pursuant to Section 6 of Article
$ of the California Constitution because the only costs which may be incurred by a
I agency or.school district will be incurred because this act creates a new crime or infra
~' changes the definition of a crime or infraction, changes the penalty for a crime or infra
li or eliminates a crime or infraction.
~ However, notwithstanding Section 17160 of the Government Code, if the Commissl
State ?vandates determines that this act contains costs mandated by the state, reimburse
to locai agencies and school districts for those costs shall be made pursuant to F
(commencing with Section 17500) of Division 9 of Title 2 of the Government Code.
statewide costs of the claim for reimbursement does not exceed one million c
($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified i
act, the provisions of this act shall become operative on the same date that the act takes
pursuant to the California Constitution.
LOCAL AGENCIES-OPEN MEETINGS
CHAPTER 1138
S.B. No. 1140
?,N ACT to amend Section 35145.5 of the Education Code, and to amend Sections 54952, 5;
54952.7, 54957.6, 54961, and 54962 of, and to repeal Sections 36808, 54951.1, 59951.7, 5-
549523, and 549525 01, the Government Code, relating to open meetings.
[Approved by Governor October 10, 1993.]
[~Ied with Secretary of State October 11, 1993.]
LEGISLATIVE COUNSEL5 DIGEST
d:
Heeling ' ' ' in any
axis of race, religious
r disabled persons, or
ayment or purchase.
51''.
:hapter need identify
ss the identity of the
d:
ons 1461 321061 and
he Government Code
+gislative body of any
-ead:
clots of any hospital
ospital medical audit
ant or medical staff
ray request a public
tatters pertaining to
s'•
SB 1140, Calderon. Open meetings of local government. .
Existing ta,,j• perr,,;ts the ta?<~~g of testimony at regularly scheduled schoel d
governing board meetings on matters not on the agenda if no action is taken by the boa
those matters at the same meeting.
This bill would permit action to be taken in specified circumstances.
An existing provision of law provides that the meetings of the city council shall be
within the corporate limits of the city at a place designated by ordinance and shall be l
This bill would repeal that provision.
_ The Ralph M. Brown Act generally requires that the meetings of the legislative ba
local agencies, as those terms are defined, be conducted openly, with specified excel
Among other things, the act makes certain notice requirements concerning public me
and makes it a misdemeanor for a member of a legislative body to attend a meeting wi
violation occurs with knowledge of the fact that the meeting violates the act.
Under existing law a legislative body of a local agency may require that a copy of the
given to each member of the legislative body.
" This bill would additionally permit the legislative body to require that a copy of the
given to any person elected to serve as a member of the legislative body who has n
assumed office.
Existing law defines local agency to include, among other things, all private nor
organizations receiving public money to be expended for public purposes pursuant '
federal $conomic Opportunity Act of 1964, and nonprofit corporations created by one or
~~' ~--~ Additions or changes indicated by underline; deletions by asterisks ' ' '
• tau;, or operate any
ee, or any board or
C led by that agency,
:ommission, advisory
nce, resolution, or by
:five body of a local
imittees, boards, and
created by charter,
of certain hospital.
ed sessions with the
ers.
in any facility that
:olor, national origin,
ilities inaccessible to
t without making a
ae body of any local
exception.
clo=_ed sessions by
C and AB 14Y6 of the
iperative.
I.
tgencies and school
establish procedures
tes Claims Fund to
dher procedures for
ermines that this bill
!1 be made pursuant
$1,000,000, shall be
•ead:
tic be able to place
~l district governing
and regarding items
I adopt reasonable
r specify reasonable
>.
egular meetings on
to bring before the
vernment Code, no
ich the testimony is
ussion on the same
SEC. 2 section 36808 of the Government Cod :repealed.
SEC. 2.3. Section 54951.1 of the Government Code is repealed.
SEC. 2.5. Section 54951.7 of the Government Code is repealed.
SEC. 3. Section 54952 of the Government Code is amended to read:
54952. As used in this chapter, "legislative body" means:
• • (a) The governing ' `body of a local agency or any other local body create
state or federal statute.
(b) A commission, ` ' 'committee, board, or other body of a local agency, ' ' ' whe
narmanent or temnorarv, decisionmaking or advisory created by charter, ordinance, re
lion or formal action of a legislative body. However, advisory commtitees, composeu
of the members of the legtslatrve body which are less than a quorum of the IegisL3tne
are not legislative bodies except that standing committees of a legislative body, trrespe
of their compostUOn which have a continuing subject matter 7urtsdtctton, or a me
~rhPdnle fixed by charter, ordinance, resolution or formal action of a legtslatrve bod
or other multimember body that
Is created by the elected legislative body in order to exercise authority that
Receives funds from a' local afrency and the membership of whose
es a member of the legtslatrve body of the local agency appointed t
(d) The lessee of anv hospital the whole or part of which is first leased
bdivi~ion (p) of Section 32121 0(the Health and Safety Code after January 1
e lessee exercises any material authority of a lefrtslattve body of a local agency
by that legislative body whether the lessee is or a~ and operated by the Ic
1994. ~
lelega:
at aeer
SEC. 4. Section 549022 of the Government Code is repealed.
SEC. 5. Section 54952.3 of the Government Code is repealed.
SEC. 6. Section 59952.5 of the Government Code is repealed.
SEC. 7. Section 54952.7 of the Government Code is amended to read: _
54952.7. A legislative body of a local agency may require that a copy of this chaps
given to each member of the legislative body and any person elected to serve as a memi
the legislative body who has not assumed the duties of office. An elected legislative boa
local agency may require that a copy of this chapter be given t,o each member of
legislative body all or a majority of whose members are appointed by or under the aut!
of the elected legislative body.
SEC. 8. Section 59957.6 of the Government Code is amended to read:
59957.6. (a) Notwithstanding any other provision of law, a legislative body of a
agency may hold closed sessions with the local agency's designated representatives rega
the salaries, salary schedules, or compensation paid in the form of fringe benefits
represented and unrepresented employees and for represented employees, any other r
within the statutorily-provided scope of representation. Closed sessions of a legislati~•t
of a local agency, as permitted m this section, shall be for the purpose of reviewi:
position and instructing the local agency's designated representatives. Closed sessio
permitted in this section, may take place prior to and during consultations and disco
with representatives of employee organizations and unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency ma
meet with a state conciliator who has intervened in the proceedings.
..
~. (b) For
~_
of this section, the term
~ functions as an omcer or an
a legislative body, or otheru
shall include an officer
• ~ ~ I ~', Additions or changes indicated by underline; deletions by asterisks • '
~.J~
MEMORANDUM
DATE: January 31,1994
TO: Rick Kennedy, Director of Public Works/City Engineer
FROM: Larry W. DeKnoblough, RedevelopmenUEconomic Development Coordinator,Lcv~0
SUBJECT: Downtown Parking
In anticipation of certain activities occurring at the intersection of School and Standley
Streets, an alteration of three 90-minute on-street parking spaces to 24-minute limits
appears to be appropriate. The purpose of this change is to provide customer service
parking for Sears, and make available short-term spaces adjacent to the Savings Bank
ATM location. These spaces will also be utilized by customers making short-term stops
at the County Clerk's office in the Courthouse.
As you and I have discussed in the past, Parking Enforcement Officer Dot Gialdini is
examining various locations in the Parking District for the provision of short-term parking
to enhance turnover of available resources, consistent with business needs in those
areas.
I have attached to this memo, an Assessor's Parcel Map illustrating the affected parking
spaces. I would greatly appreciate the assistance of yourself and your staff in
implementing this as well as future requests.
LW D:ky
Att.
R:4:URA
MPark1
DOWNTOWN PARKING IMPROVEMENT PROGRAM
Studies have evidenced an excess of 1,400 parking spaces downtown. However,
because these facilities are not strategically located throughout the area in which
downtown activities are concentrated, parking is underutilized and appears poor. The
Downtown Revitalization Master Plan identifies that the most efficient and cost effective
way to provide adequate parking is to maximize utilization of existing resources. To
accomplish this, the Master Plan, based on the Master Plan committee's findings, provides
a series of directives, including:
• Utilization of existing lots for designated downtown employee parking
• Incentives to ensure use of the facilities by employees
• Enhanced Identification of off-street resources
• Designated juror parking for the Courthouse.
These directives are the foundation for the establishment of the following downtown
employee parking policies and regulations.
Emolovee Parking -The City of Ukiah and Ukiah Redevelopment Agency shall identify
and designate specific locations which provide for long-term parking for all employees
working within the Downtown District as well as citizens called to jury duty. Off-street
resources shall be utilized whenever possible for that purpose. Should on-street resources
be made available for this purpose, the District shall provide resources only outside the
Identified core area.
To successfully accomplish convenience, the downtown should be divided into north and
south sectors with Church Street as the dividing boundary. This should allow the
allocation of resources to be localized near places of employment.
Employees north of Church Street would be assigned to Municipal Facilities C and D.
These lots currently provide 165 spaces with a planned expansion to at least 200 spaces.
These facilities are Ideally located for use by the County and Savings Bank employees.
Should employees not w(sh to park in these locations, on-street permits for Standley and
Smith Streets, between Mason and State; all of Henry Street; and School Street, between
Henry and Smith Street, could be attained.
Employees south of Church will be assigned to Municipal Facility A which provides a total
of 129 spaces. In addition, on-street permits will be available for School Street, between
Clay and 200 feet south of Seminary; Seminary, between Oak and State Street (medians
only); Oak Street; and all other areas between Oak and Pine Streets.
Incentives and Enforcement for Emolovee Parklng -Implementation of the employee
parking program will be accomplished through mandatory employee parking permits
required of businesses and employees where on-site parking is not available. To Induce
employees to voluntarily comply with assigned parking, all fees for permits will be frozen
at S 15.00 per month for two years from the date of adoption of this program. Affer that
date, a 10% per year increase will be implemented until such time as the monthly fees
reach the ceiling of 20% below the equivalent time and fee for metered parking.
Metered parking would be available within the lots for a maximum of 10 hours per day.
To assure compliance, the fine schedule will be set on an escalating scale based on an
Increasing number of citations within a 12-month period. An Individual receiving an Initial
citation will receive an informational warning only. Informational correspondence will be
issued notifying them that subsequent violations will result in a substantial fine. This action
should provide adequate support to the provision of affordable, designated spaces and
successfully gain the compliance of downtown employees.
Time Zones -The Downtown Master Plan identifies the need for reduced parking times
along School Street to meet the specific needs of businesses and create high turnover
of resources. Time zones must be balanced to accomplish this goat while not
overburdening administrative costs and still creating the opportunity for "browsing' in the
downtown. Staff is proposing the entire Parking District allow athree-hour parking time
Ilmit with the exception of four to six 24-minute spaces per block along School Street,
between Clay and Smith Streets. These 24-minute zones would be distributed on both
sides of School Street. Other existing 24-minute zones, such as in front of the Post Office,
would remain. All other time designations will be three hour maximums.
Metered Parking -Metered parking on-street would be eliminated throughout the District
and the 116 meters removed. This is intended to enhance the aesthetic value of our
streetscape improvements, reduce parking enforcement administration costs, and assist
in Americans with Disabilities Act compliance. Revenues from these meters is
approximately S9,000.00 annually and could be replaced by on-street permits and
increases in meter fees within the lots. Current meter fees within the lots are 5.25 per five
hours. Staff is proposing to increase these fees to S.25 per ninety minutes. This equates
to S1.50 per nine hours, or approximately S30.00 per month.
Parking Facility Improvements -Currently in the planning stage is the addition of a new
lot located between Oak and School Street at Clay Street. This lot will be for general
public use and serve the plaza and conference center. Additional public use lots will be
located at Lot B and the current Lots E and F. All public use lots will be metered. Parking
facility improvements include landscaping and aesthetic improvements to existing
facilities, and the acquisition and the eventual construction of new facilities.
Improvements to existing facilities will be accomplished through the streetscape
Improvement program and will include low intensity decorative security lights, enhanced
pedestrian walkways through the lots, perimeter landscaping and interior tree planters.
All parking lot improvements will be completed in accordance with the Downtown
Design Guide.
Public Awareness -Any public awareness program should include an active campaign
to promote not only Identification of facilities but usage as well. City lots are currently
identified by signage, however, landscape improvements should provide spotlighting of
those signs along with security lighting throughout the lots. Informational flyers, including
maps and type of parking available, should be developed and distributed throughout
downtown businesses and as inserts in local publications. Workshops with downtown
businesses should include counseling employees to promote a positive Image of
downtown shopping and parking. Promotion of a positive public image by enthusiastic
downtown employees, merchants and property owners cannot be overstated. Finally,
special complimentary one-day permits should be made available to jurors to promote
2
a positive experience to regional residents and to encourage them to shop and eat in
the downtown while here on jury duty.
Staff is also proposing the establishment of in-lieu parking fees within the Parking District.
The purpose of these fees would be to allow property owners in possession of parcels too
small to support development with on-site parking to'purchase' off-site spaces. By opting
for an in-lieu fee, these owners can Increase the square footage of a project making it
economically feasible while funding future improvements to public facilities to offset
project impacts. This should facilitate new development on many of the smaller parcels
which currently would require a cumbersome and difficult to attain variance.
Parking development, Implementation, and administration of the Parking District will be
the responsibility of the Redevelopment Agency in the course of carrying out the
responsibilities of the Downtown Master Plan. This will allow afront-line approach to
respond personally and expediently to needs as they arise from the public, as well as
from merchants and property owners. Enforcement will still be the responsibility of Public
Safety. The Redevelopment Agency will coordinate with the Traffic Engineering
Committee in parking issues which will result in impacts to traffic circulation.
Future Improvements -Currently being proposed for the Conference Center and Plaza
is a parking expansion which will combine the two existing lots located on Oak and
Stephenson, the vacant lot along Clay Street, and the property at 351 Oak Street.
Additional parking is currently needed north of Church Street. Further Improvements and
increases in resources should be based upon demand created by future projects and the
success of the revitalization effort. The Master Plan calls for close monitoring of parking
demand, and development of resources in response to Increases in that demand. With
improvements in the impact of employee parking the need for additional resources
should be assessed at a future date.
The adoption of this program will ensure greater availability o
parking resources and provide the foundation to meet any
accordance with the Downtown Master Plan.
R:4:URA
Parking
f both on and off-street
Increasing demands in
3
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