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2002-07-17 Packet
ITEM NO. 3. DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: INTERVIEW OF APPLICANTS FOR AIRPORT COMMISSION, PARKS, RECREATION, AND GOLF COMMISSION, AND PLANNING COMMISSION The attached applications from applicants for various City Commissions were received by the City Clerk prior to the deadline of noon July 11,2002. Interviews are scheduled to begin at 4:00 p.m. on July 17, 2002 in the Council Chambers allowing 10 minutes per interview. Applicants are: Airport Commission: Bill R. Beard, Dottie Deerwester, Julie Rogers, and Maynard Lee Wachs, Parks, Recreation, and Golf Commission: Shirley Ann Dietrick (VVomen's Golf Club), Dottie Deerwester, and Fredrick Koeppel (Mr. Koeppel (incumbent) notified the City Clerk's office that he will be out of the state on July 17, 2002 and unable to participate in the interview process). Planning Commission: Paul Andersen, Kathleen Edwards, William D. French, Jr., James Mulheren, Judy Pruden (incumbent), and Melody Ann Valles RECOMMENDED ACTION: Interview all applicants. Action regarding the nomination and appointment process will be considered by Council under New Business, agenda item 10a. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to reschedule interviews. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Applicants notified of interviews Ukiah City Council Marie Ulvila, City Clerk ~"~z'~ ~,~ ~'~',~,-: Candace Horsley, City Manager 1. Applications for commission vacancies APPROVED: Candace H~or~ley, Cit~ M'~nager ASR: Interview of Applicants for Commissions PARKS, RECREATION AND GOLF COMMISSION APPLICANTS .CITY OF UKIAH APPLICATION FOR APPOINTMENT ~- ~ ~ ...... ~=' ,'--,,-I PARKS, RECREATION & GOLF COMMISSi~p~ L~ I am applying for an'appointment to the Ci~ of Ukiah's Parks, Recr t 2. Residence Addrgss ~4~/~Y~.J~IYE ~Dm,~ ~~X Res. Phone~~ 3. Business Address~~ ~ ~/Y~ ~¢Z~,,~ ~,4~¢~*~ Phone~- 4. Employe[~ Job Title, S& ~~~Employed Since ., 5. How long have you resided in Ukiah?~ears; Mendocino Coun~~ears; Calif.?~ yea[s 6. Please ~t community groups or organizations you are affiliated with and indicate any offices Please answer the following questions on separate sheets of paper and attach to application. 7. Why are you applying to serve on the City of Ukiah's Parks, Recreation and Golf Commission? 8. What is your understanding of the purpose, role and responsibility of the Parks, Recreation and Golf Commission? 1 How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Parks, Recreation and Golf Oommission? 10. What do you .believe is the single most important parks, recreation, and golf issue facing our community? And why? 11. in your opinion what type or types of parks development or recreational and golf programs should the City encourage? 12. In your opinion 'what type or types of parks development or recreational and golf programs should the City discourage? 13. 14. What kind of ideal community do you envision for Ukiah? Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. $i~atbfe-- / Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Phone: 463-6217 Fax: 463-6204 Forms: Parks, Recreation & Golf Commission Application - 7. I am applying to serve on the parks and tee commission, to be an effective member in the community. A community of where I participate, in many local recreational facilities. To help develop ongoing recreational projects and sevices in our local area. 8. The purpose of the commission, is to setforth guidelines for maintaining, improving, and providing activities and facilities for the city ofukiah and surrounding areas. 9. I am an avid golfer, and a member of the womens golf club, where I have served as presidem. I have a working knowledge of the general understanding of the golfcourse operations and general membership. 10. The biggest issue, is the cost to maintain, and support the local golf course so that it stays affordable to the general public. This is a fine balance between costs of opperation of the course, to where it is not a burden on city funds. Yet not to expensive to deter the general public fi.om using the facilty. 11. I would be interested in helping the recreational comte, develpoping a park on the south end of town. In the laws ave area. And helping local fundraising and bussiness district come up with a viable option for a skateboard park. 12. The commission should discourage, facilties and or events that are not cost effective, to the city and to the residents. The commision should dicourage facilities that are not residem friendly. Facilities, that are not agrred to by local residents, and bussinesses. 13. We have a great recreational community. We have many local areas that are enjoyed by all walks of life. It is our job as commisioners to keep all avenues of recreation friendly and easily accesable. 14.There are not any current commisions other than this commision of which I am currently available to serve on. Date -7'-(~-Z) ~ CITY OF UKIAH APPLICATION FOR APPOINTMEN'i' PARKS, RECREATION & GOLF COMMIS i am applying for an appointment to the City of Ukiah's Parks, Re 1. Name 2. Residence Addre. ss~['~ /'U/_ f.,~~ ~'~-, U 3. Business Address ~ ~~~¢~ ~ U 4. Employer_ ~ O~ d ~ ~~ ~ dob litio 5. How long have you resided in Ukiah? [~ Years; Mendocino Coun~.~ ~ years; Calif.? CITY OF UKIAH / crea[lun ~ ~,, .--- --c,.~..~is~n. Res. Phone L~b~-~O?--~ Bus. Phone, .L~[¢~-O Z'7~ ,~m.~X Employed Since?_~__~o ~ years , Please list community .~ps q,r organizations yo.~/ are, affiliated with and indicate any offices held · .J LP~ ~ ~r' .]~0_¢/ Please answer the following questions on separate sheets of paper and attach to application. 7. Why are you applying to serve on the City of Ukiah's Parks, Recreation and Golf Commission? Bt What is your understanding of the purpose, role and responsibility of the Parks, Recreation and Golf Commission? J How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Parks, Recreation and Golf Commission? 10. What do you believe is the single most important parks, recreation, and golf issue facing our community? And why? 11. In your opinion what type or types of parks development or recreational and golf programs should the City encourage? 12. In your opinion what type or types of parks development or recreational and golf programs should the City discourage? 13. 14. What kind of ideal community do you envision for Ukiah? Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you ~ould be willing to serve? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Than, k~you for your interest in serving the City of Ukiah. Signature Date ¢' City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Parks, Recreation & Golf Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 Dottie Deerwester Application- Parks, Recreation & Golf Commission July 10, 2002 7. Why are you applying to serve on the City of Ukiah's Parks, Recreation, and Golf Commission? I believe in involvement in my community and I believe in serving as an advocate toward having the best community we can. I believe in providing oppommities for and promoting exercise for all persons according to their ability. 8. What is your understanding of the purpose, role and responsibility of the Parks, Recreation and Golf Commission? My understanding of the purpose, role and responsibility of the Parks, Recreation and Golf Commission is that it serves in an advisory capacity to city staff and City Council in the development and operation of city parks, golf course and recreational programs. Members of the Commission also provide a conduit between the city and community members toward the goal of meeting the needs of the community. 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Parks, Recreation and Golf Commission? I believe my professional experience as administrator and manager of many non-profit organizations and programs and in organizing athletic events, such as the Russian River Run, will enhance the ability of the commission to balance thc dynamics of providing needed community recreational services and programs and the needs and abilities of the City of Ukiah. 10. What do you believe is the single most important parks, recreation, and golf issue facing our community? And why? I believe several issues face the City of Ukiah and the Parks, Recreation and Golf Commission at this time. One is the ability to have recreational services and programs bc self-sustaining and at the same time provide year-round services. A second issue is thc development of a skate park. A third issue revolves around the issue of sufficient park facilities throughout the city. 11. In your opinion what type or types of park development or recreational and golf programs should the City encourage? As a runner and sometime bicyclist, I believe there should be adequate and safe biking and walking lanes throughout the city. I believe there should be continued efforts towards developing a skate park. I believe these type programs should be a partnership and collaborative effort between the local business community, school districts and the County of Mendocino. 12. In your 9pinion what type or types of parks development or recreational and golf programs sliould the City discourage? At this point, nothing comes to mind. 13. What kind of ideal community do you envision for Ukiah? I envision a partnership & collaboratio¢ with local businesses, community members and school districts to encourage and develop parks, recreational services and programs that are available to all members of the community. 14. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? The Airport Commission. Resume DOTTIE DEERWESTER P.O. Box 518, Ukiah, CA 95482 Phone: (home) 707-468-8024 Cell: 707-489-9967 Work Phone/Fax: 707-468-0213 E-Mail: rdvsetgo~)rdysetgo.com Web: w"~.xv.rdvsetgo.com EXPERIENCE: May 2002 - current The Downtown Office Party Supplies of Ukiah P.O. Box 856 - 328 N. State Street, Ukiah, CA 95482 Title: Owner. Two newly established business located in downtown Ukiah. The Downtown Office is a business center providing packing, shipping and other professional services to residents. Party Supplies of Ukiah is a local party rental and retail supply store located in Ukiah. August 2000 - current Mendocino County Office of Education (MCOE) 2240 Eastside Road, Ukiah, CA 95482 Title: Project Administrator, Resource Development. Search for funding opportunities supporting educational programs; facilitate the formation of teams to develop a funding application; participate in the supervision of funded programs to ensure requirements are met. October 1994 - current Ready, Set, Go! P.O. Box 856, Ukiah, CA 95482 Title: Owner. Organize, market, coordinate fund raising events, including running and walking events. Proposal writing, grant administration. Development of systems for newly funded programs. November 7, 1994 - May 31, 2000 Consolidated Tribal Health Project, Inc. P.O. Box 387, Calpella, CA 95418 Title: Deputy Director/Grant Administrator/Personnel Officer June 1, 1994 - November 1994 United Way Of Sonoma-Mendocino-Lake P.O. Box 124, Ukiah, CA 95482 Title: Caml~ign Area Manager, Mendocino & Lake Counties 1 of 2 Resunle DOTTIE DEERWESTER P.O. Box 518, Ukiah, CA 95482 Phone: (home) 707-468-8024 Cell: 707-489-9967 Work Phone/Fax: 707-468-0213 E-Mail: rdysetgo(~;!rdysetgo.com Web: ~vw. rdysetgo.com June 1992 - November 1994 Ukiah Community Center 888 N. State Street, Ukiah, CA 95482 Title: Coordinator/Case Manager, Homeless Prevention Program April 25, 1992 - January 31, 1994 Project Sanctuary, Inc. P.O. Box 995, Ukiah, CA 95482 Title: Executive Director May 1990 - April 1992 Eye: Counseling & Crisis Services, Inc. 200 N. Ash Street, Ste. 110, Escondido, CA 92027 Title: Director, Hidden Valley House Community Involvement/Volunteer Race Director, Russian River Run 1996 - present Membership Coordinator, North Coast Striders 1998- current President, North Coast Striders, 1994 - 1998 Board Member, North Coast Striders, 1993 - 2000 Treasurer, CA Alliance Against Domestic Violence, 1993 - 2000 EDUCATION: M.A., Northern Arizona University, Flagstaff, AZ B.A., Social Psychology, Park College, Parkville, MO MILITARY SERVICES: U.S. Air Force - Vietnam Veteran Currently serving in the Air Force Reserve 2of2 MEMO TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila '~~zz'g~, ' ~' SUBJECT: Frederick Koeppel (Incumbent-Parks, Recreation And Golf Commission) -Interview DATE: July 12, 2002 On July 11th, Frederick Koeppel, incumbent on the Parks, Recreation, and Golf Commission, submitted an application for reappointment to this Commission. Mr. Koeppel has informed me that he will be unable to participate in the interview process because he will be out of state on July 17th. He would like the City Council to know that he has enjoyed serving on the Commission and would be happy to continue in that capacity. Mr. Koeppel's application is included for Council's review. Memos: Memo to CC reCommsion applicant Date ,~"~,,'/,,'/'"',~ · CITY OF UKIAH APPLICATION FOR APPOINTMENT PARKS, RECREATION & GOLF COMMISSION JUL 1 1 2flOZ \~ I am applying for an appointment to the City of Ukiah's Parks, Recreation & Golf Commission. 1. N am e . ~~,~/~ /~-/~:=,~// 2. Residence Address .//~?./, a-.~_.,~,~,/.~ .~c~..~- ~~//.. Res. Phone.~ 3. Business Address ~/ ~ ~~. ~~~~ Bus. Phone..P~ ~. 4. Employer ~~~~ ~/~~~ Job Title ~~ ~~Employed Since/~~ 5. How long have you resided in Ukiah?/~years; Mendocino Coun~/~years; Calif.? ~ years 6. Please list communi~ groups or organizations you are affiliated with and indicate any offices h eld /~ ~. ~c~~~ ~~ ~/~ ~~~, ~. ~~ Please answer the following questions on separate sheets of paper and attach to application. 7. Why are you applying to serve on the City of Ukiah's Parks, Recreation and Golf Commission? . What is your understanding of the purpose, role and responsibility of the Parks, Recreation and Golf Commission? . How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Parks, Recreation and Golf Commission? 10. What do you believe is the single most important parks, recreation, and golf issue facing our community? And why? 11. In your opinion what type or types of parks development or recreational and golf programs should the City encourage? 12. In your opinion what type or types of parks development or recreational and golf programs should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400. Forms: Parks, Recreation & Golf Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 · Application for Parks, Recreation, and Golf Commission for the City of Ukiah 7) I am applying to serve on the City's Parks, Recreation, and Golf Commission for an opportunity to give input on the development and upkeep of our City's parks, golf course, and recreation programs. I also see this as a great opportunity to give back to our beautiful city. Another reason for my application is the fact that I greatly enjoyed the time I spent working with Sage, Larry, and the other members of the commission during my previous term. I simply could not pass up the opportunity to work with them and serve our community again. 8) My understanding of the commissions role or purpose is to review issues, e.g. fiscal budget, programs, upkeep and expansion etc., and advise the City counsel of possible courses of action and how the public will react to those actions. 9) The skills that I have acquired and honed through my job as a Quality Assurance manager and through previous experience as a Parks, Recreation, and Golf commissioner such as reviewing and establishing fiscal budgets, implementation plans, report generation, trend analysis, policy and procedure development, etc. can and will come in extremely helpful in reviewing the status of recreation programs and fiscal status of the overall system. My experiences as far as an avid user of our City's parks will give some very helpful insight, from a users point of view, as to the strong points and to the areas that may require some attention. My general perspective of the items covered by the commission will be maintained as that of the average citizen and that of a commissioner' allowing for very useful feedback to the rest of the commission and City counsel. 10) Currently, I believe the single biggest issue before us is how are we gong to maintain and then improve upon the high status that which our City's parks are held at and stay within the allotted budget. This is one of the biggest issues before the commission as the community has and most likely will continue to view the status of our parks as a benchmark for ~he status of the city and how it's local government values their citizens. 11) I believe the City should continue to offer year round group activities, which include all age groups, including lesser advantaged youth, to maintain maximum usage of our parks. I feel that it is also very important to determine what the community would like to set as a priority for improvements or additions to the parks system, such as an open trail system, the river park, a skate park, recreation center etc. 12) The City should do its best to prevent the implementation of any programs that would not be able to be used by a diverse group of citizens. The City should also strongly consider not implementing any programs that cannot be either self-funding or allow the program to stay within an acceptable range of the set budget. Also high on the priority of not encouraging would be any type of activity or development that would have a significant detrimental impact on the natural environment. 13) The ideal community in Ukiah for me would be one in which all the citizens are able to walk down the streets and feel safe, at any time. All the people would be able to work and make enough money to support their family yet have enough time after work to enjoy that family. Each housing district would one that any community member would be proud to reside in. We would continue to be surrounded by hillsides that are in near pristine condition, not developed to the level of the Vallejo hillsides for instance. And each of the community members would be actively involved all major issues concerning the community. We are very near to this situation today and I would like to do what I can to further the advancement towards this ideal community. 14) I would greatly enjoy an opportunity to serve on the traffic review committee. This may not be the correct title, but I am very interested in the committee that reviews the situation with traffic lights, intersections, traffic calming measures, etc. If a position comes available on this committee please allow me to be considered. AIRPORT COMMISSION APPLICANTS CiTY OF UKIAH . ~i~ [~ ~ [~~ r~ JUL ] ~ 2002 DATE: -ID-D i [ ,i , - CI~ OF UKIAH CI~ ....... PEPARTMENT ! am applying for an appointment to the Ci~ of Ukiah's Airp°~ Commission 1. Name ~ 2. Residence Address ~['~ ~1, ~)~,~ ~'~ ~ [~['~ 3. Business Address P ~ .~ ~L ~¢ ~ ~L~ , Res. Phone ,. BUS. Phone 4. Employer ~ ~ .:~p/e%~ ~/ (S./~l~~b title .~ ,~~. Employed since 5. How long have you resided in Ukiah? [ [~ years; Mendocino County? J D California?.. 6. Pleaselistcornmunitvarouosor. or~ions you are affiliated with. Indicate office held? Please answer the following questions on separate sheets of paper and ~ 7. Why are you applYing to serve on the City of Ukiah's Airport Commission? 8. What is your understanding of the purpose, role and responsil~ility of the Airport Commission? ge How do you believe your own skill's, experience, expertise and Perspectives will be beneficial to the work of the Airport Commission? · 10. What do you believe is the .single most important Airport related issue facing our community? and why? 11. 12. In your opinion, what type of Airport programs or Airport development should the City encourage? in your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Do you have .any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City .Clerk by Noon onThursdav, June 27, 2002. Thank you for your interest in serving the City. of Uklah. Signature Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Airport Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 Dottie Deerwester Application - City of Ukiah's Airport Commission July 10, 2002 7. Why are you applying to serve on the City of Ukiah's Airport Commission? I love airports and anything about flying! I served almost 10 years on active duty with the Air Force and for 6 of the 10 years I was an air traffic controller working in the control tower and in the radar unit. I currently serve in the Air Force Reserve as an Air Transportation Technician where I load airplanes. One of the favorite terms we used in the Air Force about the noise airplanes make is that it is "the sound of freedom." I've always wanted to serve on the Airport Commission and now I feel I have time to do SO. 8. What is your understanding of the purpose, role and responsibility of the Airport Commission? My understanding of the purpose, role and responsibility of the Airport Commission is that it serves in an advisory capacity to city staff and to the City Council in the development and operation of the airport and its related programs. Members of the Commission also provide a conduit between the city and community members, as needed, toward the goal of meeting the needs and addressing the concerns of the community. 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? I believe my professional experience in the capacity of administrator and manager of many non-profit organizations and programs, funding sources, and in resource development will enhance the ability of the commission to attempt to balance the dynamics of providing general aviation services that meet the needs of the City of Ukiah. 10. What do you believe is the single most important Airport-related issue facing our community? And why? I believe them are two important issues facing the Airport Commission at this time. One is thc land use of land surrounding the airport and thc second issue is the impact to the community relating to increased usage of the airport. I believe these two issues have strong community support for and against and thc Airport Commission must attempt to address both sides. 11. In your opinion what type of Airport programs or Airport development should the City encourage? I'm in favor of developing a better air transportation system from the Ukiah valley to other communities. As Ukiah grows, we will need to address the airport usage and wise use of available space. There needs to be a short- and long-term planning and vision that reflects the best use of airport property and integration with other community activities. 12. In your opinion what type of Airport programming or Airport development should the City discourage? The City should discourage development that could potentially eliminate flexibility for meeting chan~ging needs in the future. 13. What kind of ideal community do you envision for Ukiah? I envision a partnership with local businesses, community members and city staff to encourage and develop Airport programs and development in a complementary way. 14. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? The Parks and Recreation Commission. Resume DOTTIE DEERWESTER P.O. Box 518, Ukiah, CA 95482 Phone: (home) 707-468-8024 Cell: 707-489-9967 Work Phone/Fax: 707-468-0213 E-Mail: rdvsetgo~!)rdysetgo.com Web: wx~.x¥.rdvsetao.co m EXPERIENCE: May 2002 - current The Downtown Office Party Supplies of Ukiah P.O. Box 856- 328 N. State Street, Ukiah, CA 95482 ~' Title: Owner. Two newly established business located in downtown Ukiah. The Downtown Office is a business center providing packing, shipping and other professional services to residents. Party Supplies of Ukiah is a local party rental and retail supply store located in Ukiah. August 2000 - current Mendocino County Office of Education (MCOE) 2240 Eastside Road, Ukiah, CA 95482 Title: Project Administrator, Resource Development. Search for funding opportunities supporting educational programs; facilitate the formation of teams to develop a funding application; participate in the supervision of fimded programs to ensure requirements are met. October 1994 - current Ready, Set, Go! P.O. Box 856, Ukiah, CA 95482 Title: Owner. Organize, market, coordinate fund raising events, including running and walking events. Proposal writing, grant administration. Development of systems for newly funded programs. November 7, 1994- May 31, 2000 Consolidated Tribal Health Project, Inc. P.O. Box 387, Calpella, CA 95418 Title: Deputy Director/Grant Administrator/Personnel Officer June 1, 1994- November 1994 United Way Of Sonoma-Mendocino-Lake P.O. Box 124, Ukiah, CA 95482 Title: Campgign Area Manager, Mendocino & Lake Counties 1 of 2 Resume DOTTIE DEERWESTER P.O. Box 518, Ukiah, CA 95482 Phone: (home) 707-468-8024 Cell: 707-489-9967 Work Phone/Fax: 707-468-0213 E-Mail: rdyse.tgo(~!rdysetgo.com Web: '~x.~vw.rdysetgo.com June 1992- November 1994 Ukiah Community Center 888 N. State Street, Ukiah, CA 95482 Title: Coordinator/Case Manager, Homeless Prevention Program April 25, 1992- January 31, 1994 Project Sanctuary, Inc. P.O. Box 995, Ukiah, CA 95482 Title: Executive Director May 1990 - April 1992 Eye: Counseling & Crisis Services, Inc. 200 N. Ash Street, Ste. 110, Escondido, CA 92027 Title: Director, Hidden Valley House Community Involvement/Volunteer Race Director, Russian River Run 1996 - present Membership Coordinator, North Coast Striders 1998 -current President, North Coast Striders, 1994- 1998 Board Member, North Coast Striders, 1993 - 2000 Treasurer, CA Alliance Against Domestic Violence, 1993 - 2000 EDUCATION: M.A., Northem Arizona University, Flagstaff, AZ B.A., Social Psychology, Park College, Parkville, MO MILITARY SERVICES: U.S. Air Force - Vietnam Veteran Currently serving in the Air Force Reserve 2of2 CITY OF UKIAH APPLICATION FOR APPOINTMENT AIRPORT COMMISSION JUN 2 6 2002 CITY OF UKIAH CITY CLERK'S DEPARTMENT I am applying for an appointment to the City of Ukiah's Airport Commission 2. Residence Address Res. Phone 3. Business Address Bus. Phone 4. Employer 5. How long have you resided in Ukiah? Job title Employed since years; Mendocino County?~ California? 6. Please list community groups or organizations you are affiliated with. Indicate office held? Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Airport Commission? 8. What is your understanding of the purpose, role and responsibility of the Airport Commission? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? 10. What do you believe is the single most important Airport related issue facing our community? and why? 11. In your opinion, what type of Airport programs or Airport development should the City encourage? 12. In your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. Signature ,. v ~ ~ Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Airport Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 CITY OF UKIAH APPLICATION ....... FOR AIRPORT COMMISSION API:~Tr-~II~i:I Tr~ ~ ~ ~L,/__ v DATE: ---/,;-'~ ~ ~-/, ~ ¢' ¢' ! JUN 2 9 2001 lam applying for an appointment to the City of Ukiah', Airport Co{mmi~~E~.0SFDt~,~IflVlEN 2. Residence Address 4¢,1 v',~',~y l-l/l la 42~., 3. Business Address 4. Employer ~'¢-/-,~,-~,:/ Job title Res. Phone Bus. Phone Employed since 5. How long have you resided in Ukiah? z$ ~z. years; Mendocino County? z¢Yz. California?_¢-¢ 6. Please list community groups or organizations you are affiliated with. Indicate office held? . ¢,'/¢-.,' ~ /--, /./~,.s/~4~,~,s ¢'/,.,,z,, - ~.r;/,,'~a../q¢'..¢ Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Airport Commission? 8. Whst is your understanding of the purpose, role and responsibility of the Airport Commission? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? 1 0. What do you believe is the single most important Airpor~ related issue facing our community? and why? 11. 12. In your opinion, what type of Airport programs or Airport development should the City encourage? In your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 1 4. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on Friday, June 29, 2001. Thank you for your interest in serving the City of Ukiah. Forms: Airport Commission Application Bill Beard 461 Vichy Hills Drive Ukiah, CA 95482 707) 462-1668 , . . 10. 11. 12. 13. 14.. I am currently a pilot, in the process of becoming re-certified on my medical and biannual flight review and I remain interested in the on-going and future operations of the airport. The purpose of the Airport Commission is to review the operations of the Airport and act in an advisory capacity to the Airport Manager and make recommendations to the Ukiah City Council relative to the airport's operations. After sixteen plus years of service, I retired from the City of Ukiah in May, 1994. During my tenure, I had supervisory responsibilities for the airport. To maintain the Airport as a viable transportation element for the use of the people of the City of Ukiah and the County of Mendocino. In order to achieve this I feel it is necessary to maintain and expand the revenue base of the Airport in order to fund maintenance and expansion of the facility to meet future needs. Long term program for acquisitions of land and Avigation Easements which conform to the Airport Master Plan. I believe that airport related type development is a must, however including some mixture of other uses is an asset in maintaining a stable revenue structure. I feel large vehicular traffic generators seeking development on the Airport should be reviewed with caution as to the long term advantages and effects. Housing or apartment complexes on or adjacent to the Airport are never desirable from the safety aspect. Since Ukiah is the largest city in Mendocino County, I believe it will expand with controlled growth throughout the valley, and become a cultural and business center for the entire County. With development of the Ukiah Valley, the airport should be considered a major component of the future transportation needs including the opportunity for business and economic development in Mendocino County. I do not have any conflict of interest related to this Commission. DATE: _, C.,¢/~o / o ~ CITy OF UKIAH APPLICATION FOR APPOINTMENT AIRPORT COMMISSION I am applying for an appointment to the City of Ukiah's Airport Commission 1. Name .... 2. Residence Address ~J g ,3 B E.R ~T~H)C I~ 3. Business Address 4. Employer ~ {~ ,, 5. How long have you resided in Ukiah? ,~ 5" Res. Phone H~ ¢ 3- ~ ~ ¢ "/ Bus. Phone .. ~ IPf Job title I,,I [ ~ Employed since years; Mendocino County? ~ ~- California?.4~ 6. Please list community grouPs or organizations you are affiliated with. Indicate office held? Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Airport Commission? . 10. What is your understanding of the purpose, role and responsibility of the Airport Commission? How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Airport Commission? What do you believe is the single most important Airport related issue facing our community? and why? 11. 12. In your opinion, what type of Airport programs or Airport development should the citY encourage? In your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on ThurSday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. Signature · " Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Airport Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 Question #7 I have been an airport resident for over 15 years. Personal restraints precluded participation in civil activities until now. The airport means a great deal to me personally and I believe to the entire region as well. The airport needs to serve its current users while being attractive to prospective residents. Ongoing maintenance and future growth cannot be sustained without addressing quality and quantity of staff members; which also at times will translate into safety and security, which everyone should be concerned with. I have concerns about the publics' perception of the airport and what a real and growing asset it can be. If appointed I will endeavor to address 'these concerns and those of the other commission members. I will refrain from blind dissent, personal preferences and petty politics. I will not lose sight of the mission. That being for the airport to continually strive to be an integral and important part of serving an expanding region. Question #8 Based upon observation I can only conclude that the commission is an advisory and fact finding body. That the city council relies on the commission to present only those proposals which have been given due diligence with a consensus having been reached as to that items suitability for adoption and/or implementation. I hope that there is a certain amount of latitude in minor matters, which would allow the commission to act and submit a report to the council. Question #9 starting with engine powered flying models at age eleven I have been associated with flying and aircraft for 57 of my 68 years. As a young teen I served as a spotter/observer with the civil air patrol while attending the only pure aviation High School in the free world; the Manhattan H.S. of Aviation Trades. Upon graduation I entered the air force and while undergoing mechanics/flight engineer training started taking, flying lessons privately. The bulk of my airforce service was spent flying C-119 flying boxcars as a flight engineer. Upon discharge I was employed by Lockheed Aircraft Palmdale CA. In their experimental flight test division working on the F- 104 Starfighter. Later I worked at the Berkeley Lawrence Laboratory on classified projects. I have built a number of experimental aircraft. And am in the unique position of having parallel vocations in the fields of public relations, owning my own merchandising company, a Financial Services Enterprise and was Representative for Metropolitan Life. While the above is a curtailed account; I believe it illustrates my versatility and diversified knowledge and experience which is now tempered and refined through the passage of time. Having attended commission meetings in the past as an observer and participant I' believe I can discern peripheral matters from "core" problems and facilitate bringing them to an amiable and viable solution without self engrandisement or personal motivations. Question #10 I'm sorry; but I can't help feel this question requires to simplistic a response. In a manner of speaking I regard an airport as a living breathing entity. It's health and well being and it' s growth depend on the proper functioning of all it's parts, not just one. If forced to respond directly I should have.to reply attitude and will. And the need to establish some sort of feeder airline service. Quite possibly as time passes and my knowledge and experience increases I reserve the option to modify this response. Question #11 and 12 Airportprograms must be responsive to current and future needs and goals. At the same time not losing sight of its paramount responsibility of safety. Safety of the pilots, their passengers, aircraft, and the surrounding community over which they traverse. Since 9/11 we should rationally and constantly review the airports security, adopting a workable security philosophy that is not overly restrictive yet acceptably effective. The general public must be made aware of the beneficial economic impact the airport currently affords and how that can be enlarged upon; while at the same time neither avoiding or highlighting the fact that the operation of aircraft are not done in silence. Question #13 While I find this question much too broad in scope for a potential airport commissioner; I will endeavor some response. The answering machine at the airport announces Ukiah Regional Airport; therefore my aspirations are for the area not just Ukiah. And I remind you the question asked for my ideal, which I can construe or translate in to "UTOPIA" which of course I don't believe is possible. In random order. A modern version of Mayberry R.F.D. where children and adults of all ages don't ever have to fear for their personal safety regardless of where or when find themselves on the streets. Where the city or county is constantly concerned with providing wholesome entertaining and educational after school programs and pastimes. Where Hooliganism makes it's practitioner an outcast and not a hero. Where local law enforcement officers interact daily with the good citizens as well as the bad. And temper justice with and insightful understanding of those with whom they deal. Were even the larger stores and businesses are locally owned and operated and the business environment is attractive to prospective entrepreneurs. Where the teller at my bank knows who Lyndon Baines Johnson was, and under what circumstances he became president; and the clerk at the grocery store knows what a abacus is or at least what it's used for and the High School student knows who Tojo or Mussolini were. And can tell me why Greenwich England has anything to do with the time of day, or knows where the Hudson River is much less who Hendrik Hudson was, and do they know the difference between a stock and a bond, and how to. safely fill a plastic gasoline container without killing themselves or those around them. That school administrators understand that an asthmatic can die without the use of an inhaler and the zero tolerance policies are sheer lunacy and that to keep children from hurting their backs assign them lockers at school. And search them for contraband on occasion. That the city fathers see fit to build support and maintain neighborhood parks and playgrounds and stop wasting money on dangerous at night, zig zagging streets and just enforce the law or install speed bumps. This can go on to infinity so I will stop. Question #14 :NONE CITY OF UKIAH APPLICATION FOR APPOINTMENT AIRPORT COMMISSION DATE: I am applying for an appointment to the City of Ukiah's Airport Comn CITY, OF UK;AH ~si~ c~ ~Rz,fi D?-"AFiTMFNT 1. Name 2. Residence Address tO& ~, /-~T~'~g ~T: Res. Phone H'/,,-~. - ,~ROc3 3. Business Address i4~, 5 ¢, %'17~T~ ~'~ Bus. Phone 4. Employer ~LE'~. A/~'~T' /~¢~¢/0 Job title ~Ficic~' ;Yield. Employed since gcc~ o. 5. How long have you resided in Ukiah? [~ years; Mendocino County? //t/ California?~ 6. Please list community grouPs or organizations you are affiliated with. Indicate office held? Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Airport Commission? 8. What is your understanding of the purpose, role and responsibility of the Airport Commission? 9. How do you believe your own skills, experience, expertise and Perspectives will be beneficial to the work of the Airport Commission? 10. What do you believe is the single most important Airport related issue facing our community? and why? 11. In yo'ur opinion, what type of Airport programs or Airport development should the City encourage? 12. In your opinion, what type of Airport programming or Airport development should the City discourage? 13. What kind of ideal community do you envision for Ukiah? 14. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on ThurSday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. Signature ~~'c~ ~:~ ~,Z-/,,'.%,-/ Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Airport Commission Application Revised: 5/16/02 PhOne: 463-6217 Fax: 463-6204 ATTACHMENT TO APPLICATION OF JULIE ROGERS FOR AIRPORT COMMISSION APPOINTMENT Question 7. Why are you applying to serve on the City of Ukiah's Airport Commission? My love for Ukiah, her people, and her airport is the motivation behind my application. The Ukiah Regional Airport is a great asset which provides many benefits to the City of Ukiah and her residents and has the potential to offer even more. Our airport is the largest and best equipped for many miles around, and draws guests to Ukiah from all over the West Coast. I would like to be of assistance to City Council members as they make decisions which benefit the City and address the needs of all persons affected by those decisions. Question 8. What is your understanding of the purpose, role, and responsibility of the Airport Commission? I understand the Airport Commission to be an advisory body which serves and assists the Ukiah City Council in its making of decisions pertaining to our Regional Airport. It is my understanding that Commission members are responsible to research and report upon specific issues as directed by the City Council. Their suggestions to the Council are based not only upon their own aviation and community experience but also upon the ideas and concerns of Ukiah's citizens, whose input they have solicited and welcomed. Question 9. How do you believe your own skills, experience, expertise, and perspectives will be beneficial to the work of the Airport Commission? Over the past two years, many persons have encouraged me to apply to serve on this Commission. They have commented that my experience, skills, and perspectives -- and especially my love for Ukiah's Airport-- make me an ideal candidate for this position. I am a college graduate, and a former court clerk, legal secretary, office manager, editor, and author. I have lived in Ukiah, within two miles of the Airport, for the past 13 years. In recent months I have spoken with many Ukiah residents about the Airport's function and potential, and have heard their comments and complaints. One of their chief concerns is the noise of departing aircraft. For years I myself have been a very noise- sensitive person, and as such I am well aware of the need for decisions which address this issue. Perhaps my most important qualification is my airport-related experience, both professional and personal. I currently work at the Uldah Airport in two positions, for both the City and a private business. Because of these positions I am already familiar with the circumstances and needs of the airport, the local "airport community" of pilots and business owners, and visiting pilots and passengers. I also have a good rapport with a large number of persons affiliated with the Ukiah Airport. Question # 14 gives details of my employment. Further, I am a pilot who has recently experienced the joy and fulfillment of learning to fly a small aircraft. Based on my own experience, I believe that aviation could offer great opportunities to Ukiah's young people by providing not only new career options but also an unequalled sense of accomPlishment. Question #11 addresses this idea. 10. What do you believe is the single most important Airport related issue facing our community? And why? Identifying one Airport-related issue as most important is quite difficult, as the situation is broad and complex. Overall, however, I believe that the Ukiah community's perception of the Airport is crucial. The Ukiah Airport provides numerous advantages to our community in areas of business, economic development, communications, public safety, medical care, and even culture. Businesses, express package services, law enforcement agencies, firefighting units, government officials, hospitals, entertainers, and vacationers all utilize the Ukiah Airport, to the benefit of the Ukiah community. The majority of Ukiah's residents are not aware of these benefits. I believe that if they were, a greater atmosphere of cooperation could be fostered, resulting in the enrichment of the whole community. 11. In your opinion, what type of Airport programs or Airport development should the City encourage? Based upon my observations and experience, four areas of development seem important. First, the City should continue to provide a positive and friendly environment for reputable aviation-related businesses, established or new, desiring to locate at or near the Ukiah Airport. Businesses such as West Coast Wings, Featherlight, and ~0kiah Aviation Services, for instance, will not only provide employment and revenue for the City but also enhance the Airport's image to the visiting aviation public, encouraging further responsible and beneficial development. Second, efforts to gain funding for a new Airport terminal and other facilities should be continued and accelerated if possible. The present terminal building is small, old, and in need of repairs, and lacks adequate facilities for visiting pilots and passengers. A new or improved terminal building would greatly enhance the Airport's ability to attract high- quality guests and businesses. Third, any new viable possibilities for scheduled air commuter service to Ukiah should be entertained and encouraged. Although such service has not succeeded in the past, I believe that some day this will become a reality. Last, as was mentioned above, I believe that a program to expose Ukiah area young people to the wonders of aviation would be of benefit to our area. Learning to fly, or to become an aircraft mechanic, takes great discipline, concentration, and sobriety; and the rewards of this effort in terms of a sense of self-worth and accomplishment are beyond description. Youth who otherwise might drift aimlessly into drugs and other destructive behaviors could gain a positive direction in life through an aviation-related career or interest. The City, of course, would not spearhead such an effort, but it could provide needed encouragement to this or similar positive endeavors. 12. In your opinion, what type of Airport programming or Airport development should the City discourage?. I believe the City of Ukiah should discourage development which adds unnecessary noise or pollution to our community and Airport. I further believe that, as much as possible, the City should reserve the Airport' s limited available space for clean, aviation- related enterprises. 13. What kind of ideal community do you envision for Ukiah? Ukiah is a beautiful community in a beautiful location. I would like to see Ukiah preserve its natural beauty as much as possible through very careful development. I envision Ukiah as a friendly, thriving, pleasant community in which to live, study, and work. 14. Do you have any known projects or conflict of interest related to this Commission? My only possible conflict is my employment. I am currently employed by the City of Ukiah as a part-time Airport Attendant. In this position I provide fuel for local and visiting aircraft, care for the Airport terminal and surrounding property, respond to the various needs of pilots and other guests, and attempt to represent Ukiah and its Airport favorably to all persons with whom I come in contact. I am also employed by Eagle's Nest Aviation, an aircraft maintenance shop located at the Airport, as their Office Manager/Parts Manager. I believe that the knowledge and perspective gained from these two jobs adds to, my ability to be a valuable Airport Commission member. My first and foremost objective is always the flourishing of the Ukiah Airport as a whole and its best possible service to our community. However, I will gladly abstain from participating in any issues in which my employment might in any way seem to cause a conflict of interest. Thank you for considering my application. I look forward to speaking with you in person about how I may serve the City of Ukiah and its Airport. PLANNING COMMISSION APPLICANTS CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION II Date (~/~f~/0 2. Ii~~IF~ ,. a,,.,, n, .r. ,. o. u,. a ,.ann.n. ' ~RK' I Name ~m~ .~ ~ , . ~ S~~ 2. Residence Address 'S'3 ~ %. ~%> "~ 3. Business Address ~ c)% ~k3 ~Q L,.;~ 4. Employer ~0V,24~,,~ ~.~5-~-~,,, ~,~'~-~-~Job Title Res. Phone_ L~(,,:5--~ Bus. Phone ~(e 2- ~' '7 ~ ..% Employed Since 5. How long have you resided in Ukiah? Z. ~' years~ Mendocino County ?- ~" years 6. Please list c..o. mmunity groups or or.qanizations you are affiliated with and indicate any offices_held Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Phone: 463-6217 Fax: 463-6204 Forms: Planning Commission Application Revised: 5/16/02 Date 6-26-02 CITY OF UKIAH APPHCATION FOR APPOINTMENT PLANNING COMMISSION Applicant: James D. Mulheren 7. Having lived in Uldah for over 28 years now, I feel it is important for me to give back to the community a small portion of what I have received. The Planning Commission seems appropriate since I have previously served on the commission and have been involved in various stages of the construction industry for the last quarter of a century. 8. The purpose, role and responsibility of the Planning Commission is to assist in fairly and appropriately determining building and land use issues. 9. The Planning Commission has the responsibility to follow the General Han as put forth by the City Council. The Planning Commission utilizes information gathered by staff to make informed decisions on land use and building issues. 10. I have previously served on Uldah's Planning Commission and am the current Vice President of the Greater Ukiah Chamber of Commerce as well as the chairman of the Chamber's Business Advocacy Team. I also currently serve as the Vice President of the North Coast Builder's Exchange and sit of the board of directors of the Economic Development Finance Corporation and the Work Force Investment Board. 11. The most pressing issue facing our conummity is a lack of land designated for housing. 12. As a member of the Planning Commission I would encourage the City of Uldah to expand its current boundaries and support infill developments. 13. I believe the City should encourage growth in affordable housing so our children and employees can take ownership and feel more a part of the community. 14. I believe the City should discourage inappropriate land use. 15. The City's current planning review process is not in need of change at this time. 16. Ukiah is an ideal community where our children can grow, work, live and be proud to call it their home. I see Ukiah as a place where people can live out their lives enjoying all the natural beauty our city has to offer. Thank you for your consideration of my application for Planning Commissioner. Sincerely, Date CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION ! am applying for an appointment to the City of Ukiah's Planning C¢ 1. Name ~~V ~'llq ~O.I]~S I 2. Residence Address JUN 2 7 ?00~ CITY OF UK]AH ;mmi~i(lll~,RK'S DEPAFiTMENT Res. Phone 3. Business Address 4. Employer 5. How long have you resided in Ukiah? · Job Title '~5 .years;' Bus. Phone Employed Since Mendocino County ~ .years 6. Please list community groups or organizations you are affiliated with and indicate any offices held Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? , 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of. Ukiah. Signature~e~e~~~ l~ Date ./ City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 Application Continued ............... 7. I am applying to serve on the City of Ukiah's Planning Commission because as a life long member of the Ukiah community I have a keen interest in Ukiah's environment, economic conditions and culture. I wish to be of assistance in any way possible in preserving these important aspects of our valley. 8. I understand the purpose of the planning commission is to have active members of Ukiah participate in the approval or disapproval of land Use proposals. The role of the commission is to hear all arguments for or against the proposed project. The responsibility is' to do this in a manner which is fair to everyone involved, to remain open minded of possibilities and to preserve the ultimate plan of creating an ideal community to live and raise a family. 9. I believe that the relationship between the city counsel and commission and commission and staffwould be that each area of expertise should share knowledge and concern with the other. The goal should be to work together with the underlying knowledge that each group is working towards the same goal of service and improvement in the way of life for the people who reside here. Ultimately, then, the groups are to perform their specific duties to the best of their abilities. 10. I believe that I would be beneficial to the commission because I have the ambition and drive to do what ever is necessary to assist in the process. I think that the commission should be made up of a diverse pallet of people who see from many perspectives, mine being one of a fresh mind, a mother, and culturally and racially unbiased individual. I feel that the commission needs a person who is open minded and able to research and understand a variety.of ideas. I have those abilities because my mind is not corrupted by any political motivations or hidden agendas. I am simply a younger member of the community aspiring to become active in it's destiny. 11. I think that one very important issue is one of the employmem. There needs to be a balance in the big companies which produce low paying jobs and industries which come in with higher skill requirements but have a much higher pay rate. This is a land use issue because it is the land which provides the means for implememing such industries. 12. As a member of the commission I would be willing to research the economic possibilities for such proposals and their impacts on the community as a whole. I would then encourage the development of the projects with pOsitive affects and discourage and give suggestions to those projects which may further damage the environmental, economic and cultural aspects of the community. I would do this in a way which was open and reflected a variety of perspectives fi.om interested individuals. 13. The city should encourage growth which provides positive services to it's family oriented based population. Growth in recreational activities which may attract members fi.om outside the community to visit and enjoy the valley. 14. I would discourage negative growth which either provides low paying jobs with the risk of damage to the environment and economy or which hinders the ability of families to live in the community safely. 15. Currently I have no position on whether there should or should not be changes made to the planning process. I do however feel that it is important to gain knowledge and share suggestions and encourage the people of the community to do the same because the more minds the more possibilities. 16. The ideal Community for Ukiah is one that is clean, safe, where families are successfully raised. Where children like my own may live in a non toxic environment which offers the best developmental oppommities for their growth and success. A place where people fi.om out of town will come and be. impressed by it's natural beauty and unique harmony of people. Date J~/t"/~// {~,/ OZ.. CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION I am applying for an appointment to the City of Ukiah's Planning Comn 2. Residence Address ~0 3. Business Address 4. Employer 5. How long have you resided in Ukiah? ! dUN~19 2002 ~ ~/~ Bus. Phone / Job Title,Fbi. ¢~~Employed Since /~~' years; Mendocino Coun~ ~ years 6. Please list community groups or organizations you are affiliated with and indicate any offices held ,-, - ~r'Pu ~z= u/~/o~' .P/,~hr//,v'¢ domm. v/~ c~. - C/cO or= ~'~ ~ez~o ~//~a~ . . - .~x/do. ~ y/avoWcol '.RrroMz Comm. Please answer the following questions on separate sheets of paper and a~ach. 7. Why are you applying to se~e on the Ci~ of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. in your opinion, what type or types of growth should the City discourage?. 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. Signature Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 l· · · · CITY OF UKIAH APPLICATION FOR PLANNING COMMISSION JUN 2 0 I am aPplying,for an appointment to the City of Ukiah's Planning Commi= ' 1. Name ~ 7-~~ Z. ~2~z.J.,~-/2_..,~, ! ~ 2. Residence Address. /74'?Z /zO~,4f'O/--/7-,~ ,/~,~._ Res. Phone_. '~/z~,2-2~ 3. Business Address ,~//1/' ~,~~'E_ ,~T Bus. Phone .z~ Z--~// 4. Employer /~/~~ 4::~/Z../'~J~ Job Title ~W'7~Z,/--.E,~ Employed Since 5. How long have you resided in Ukiah? ~-- years; Mendocino County ~ years 6. Please list community groups or organizations you are affiliated with and indicate any offices held CITY CLERK'S DEPARTMENT Please a'nswer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community?. 12. As a member of the Planning Commission, how would you attempt to address this pdority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Friday, June 29, 2001 Thank you for your interest in serving the City of Ukiah. ' Forms: Planning Commission Application Kathleen L. Edwards Attachment to Application for Planning Commission . Prior to moving to Ukiah two years ago I lived for more than 20 years in Sonoma County both in Sebastopol and Santa Rosa. During those years I was actively involved in numerous activities. These included the following: Girl Scouts of Konocti Council - 1996 to Present. Have twice served as Chairman of the Nominating Committee and co-chair of the annual Jewel of a Woman event. Currently represent all of Mendocino County on the Board. Sonoma County Task Force on the Homeless - 1992-2000. Served as VP Finance through most of my membership on the board. Santa Rosa Chamber of Commerce - 1990 - 2000. Served as Chairman of the Government Affairs Committee and two years as Chairman of the Finance Committee. Served three years on the Executive Board. Leadership Santa Rosa Board of Directors - Served about three years as a board member Leadership Santa Rosa Alumni Association- Served two years as President and at least two years as Treasurer. City of Santa Rosa Mobile Home Park Policy Board 1995-1998. Served on the original board that implemented the mobile home park rent control policies. Served two years as Chairman. City of Santa Rosa, Planning Commission 1998 - 2000. Was appointed to the Planning Commission after resignation of one of the commissioners and then served a second term. Miscellaneous other City of Santa Rosa assignments on advisory committees. . . I have long been interested in community planning and community service. Serving on the City of Santa Rosa Planning Commission was one of the most interesting and challenging activities with which I have ever been involved. The Planning Commissions purpose is to implement the General Plan. Their role is to insure that land use is consistent with the General Plan. Their responsibility is to listen to input from the public and make impartial and informed decisions in accordance with their purpose and role. . There is a fine balance that Planning Commissioners need to understand between their role in land use policy and their responsibility to a City Council that appoints them. The City Council as elected officials set policy and direction for the city. The Planning Commission should both implement City Council policy and serve as an advisor to the City Council with respect to land use. A Planning Commissioner should be free to disagree with City Council but still recognize that as elected officials City Council may have a broader agenda. City staff is a source of information and support to the Planning Commission. The Planning Commission should have open respectful communication with city staff and a full appreciation of how hard the staff works to support the Planning Commission. 10. My previous experience in public service has enhanced my ability to listen to a diverse public with an open mind. I work very hard at trying to understand and empathize with differing opinions. I have some experience with zoning laws and the general plan process. I have an understanding of how difficult it is to overcome prior bad planning decisions and how permanent some decisions are. ! have a deep commitment to building a community that serves the needs of people of varying interests. All of the above attributes would be beneficial as a planning commissioner 11. I believe there are two issues and I find it hard to place one above the other. One is the need for housing, primarily affordable housing. The other is making sure that the downtown remains a constant focus for revitalization. I believe the two issues do not have to be mutually exclusive. 12. With respect to housing, I believe the city should encourage property owners and developers to looks at a variety of ways to provide housing. With the number of empty buildings in the downtown area, there could be some that would lend themselves to a variety of housing options. There may be some opportunities for live/work situations. In addition, encouraging a variety of eating, shopping and other entertainment opportunities downtown should be a focus. A city that provides flexibility in the development of properties without compromising quality can open themselves up to all kinds of opportunities. 13. I believe living in California means living with some growth. From my perspective "no growth" is not an option. The issue is how it is managed. It is easy enough to look around us in neighboring counties to see examples of how growth has been poorly managed. In my opinion, Ukiah needs to express a long-term vision. How do you limit growth and still remain affordable? What kinds of jobs do you want to provide? How much agricultural land are you willing to give up? I don't think a specific type of "growth" is good or bad, ! believe it should be balanced and planned. 14. The city should discourage growth that is detrimental to the long term vision of the city. 15. I wouldn't presume to suggest changes in a city process without a thorough understanding of how it works, why and what the implications of change would be. 16. My vision of a great place to live is one in which'we are still able to see the green hills around us; the valley floor still supports agriculture; traffic is not oppressive; there are good paying jobs for workers; there is a diverse population; lower income workers have clean pleasant affordable places to live and we do not have miles and miles of identical houses. ! believe that means using creatively the land within the city and developed areas to provide quality, attractive housing but not "starter castles". Infrastructure updates and changes should be as concurrent as Possible with development. I recognize how difficult it is to balance a vision with the realities of budgets. ! also recognize that wonderful things happen when a community makes a commitment to a vision. CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION Date ~,o-' l J-- O ~ I am applying for an appointment to the City of Ukiah's Planning Comrr 2. Residence Address '~ 3. Business Address/Q 4. Employer Job Title 5. How long have you resided in Ukiah? years~ JUN 1 8 2002 I;SS;'"'", '~l~f CITY OF UKIAH CLERK'S DEPARTMENT Res. Phone L,~ ~ 2 _L~ ~C~ Bus. Phone Employed Since ,. Mendocino County, years 6. Please list co~nmunity groups or organizations you are affiliated with and indicate any offices held Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of Ukiah. ...... -I l-o ,, Signature Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 City of Ukiah Application For Appointment Planning Commission June 11,2002 1) William D. French, Jr. 2) 756 S. Oak St. Apt. V Ukiah, CA 95482 707-462-4307 3) Not employed at this time. 4) Not employed at this time. s) I have lived in the City limits for the past year and have lived in this community for 24 of my 27 years. 6) Chair of the Mendocino County Mental Health Board. 7) The future of this community is very important to me. I want to be a part of seeing that all of our citizens are represented and that all points of view are considered before important decisions are made. I have thought about the future of Ukiah since I was in my early teens and have been interested in being a part of the process that helps this community grow. 8) From my understanding the Planning Commission makes decisions regarding new construction within the City limits, as well as consider growth issues and the future development of areas of land that are currently empty. I believe the role of the Planning Commission is to give common citizens a voice in the future of this community. I also believe the Planning Commission is not only responsible to the City Council but also the citizens of this community. 9) I believe one of the jobs of the Planning Commission is to work with, not against, the City Council and City planning staff. If there are disagreements the Planning Commission should do everything possible to handle them with understanding and a sense of responsibility to the community. If a decision by the Planning Commission is brought before the City Council for an appeal then it is the responsibility of the Commission to educate the Council on why the original decision was made, and should include written documentation. 10) As this community continues to grow it is important for its residents to have a voice and I believe that I have the ability to listen to all sides of an issue and help make the best decisions for all of us, whether or not I personally agree. This is something that l have been able to do as a member of the Mental Health Board as well as a member of the Redevelopment Agency Design Review Board. I have learned a lot about the way government works over the past few years and want to be able to use this new knowledge to help guide the future of my hometown. 11) We are at a very critical stage when it comes to housing. Rents and property costs are extremely high in relation to the medium income of the people living in this community. 12) I support Planning Director Stump in his idea to infill our downtown. I even went as far as to produce a document outlining my ideas for creating housing units in our downtown area. We also need to look at the housing we currently have. At the North end of Main Street is a trailer park that is in shambles, and has been this way for over 20 years. Helping owners and tenants repair their living environments so that they can feel proud of where they live is an extremely important issue to me. I also feel that as more housing units are built there needs to be places for children to play so that our busy streets do not become their playgrounds. 13) The City needs to encourage the construction of housing units that are affordable to the people that already live in this community. The City also needs to encourage more commercial development in our downtown area. The City, in partnership with the business community and the County, needs to do everything possible to encourage the development of light industry, so that the people of this community can have the jobs they need to Survive. 14) I think the City needs to discourage commercial development along the freeway, as this takes away business from local stores and our downtown area. The City also needs to discourage development in areas that are already congested with traffic. 15) One change that l would like to see is some kind of ordinance regarding paint colors used in our community. I would not want this to be to restrictive but feel that the Planning Commission should be able to deal with paint color issues. If such an ordinance was in place then buildings like the Golden Penny Restaurant and the Ukiah Community Center would be less offensive to the eye. 16) I see a Ukiah where we all live together in peace with a basic understanding that all of us are important. I see a Ukiah that welcomes the presence of people who are poor as well as those that have quite a bit of money. This community has always been one of understanding and support and I want to see that continue. I also want to see a community that helps its own citizens gain independence from govemment financial support and helps build the jobs we all need to keep this community an active, vibrant place to live. William D. French, Jr. CITY OF UKIAH APPLICATION FOR APPOINTMENT PLANNING COMMISSION ! am applying for an appointment to the City of Ukiah's Planning ( CITY CLF~'/'$ DE/?~RT~,'ENT 2. Residence Address ~04~ '~'01~..~ 5'"~'. ~J~,'~.k Res. Phone 3. Business Address ~ ~ ~ ~. ~c~o ~ ~. U [~ ~ Bus. Phone ~ ~'~O0 J 4. Employer ~~~ ~ ~0c,~ob Title m~,~l~ ~ ~~Employed Since 5. Howlong have you resided in Ukiah? Z.~ yeam~ Mendocino Coun~ ~.~ years 6. Please list communi~ groups pr organizations y~u ~e afflicted wi~.and indicateany offices held Please answer the following questions on separate sheets of paper and affach, 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff?. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, ~ 2002. Thank you for your interest in serving the City of Ukiah. Signature Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Planning Commission Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 7. Why are you applying to serve on the City of Ukiah's Planning Commission? Ukiah is my home and I am concerned about the future and our ability to maintain and improve the livability of our town as growth pressures develop from the south. I am greatly concerned about the lack of housing. 8. What is you understanding of the purpose, role and responsibility of the Planning Commission? The Planning Commission approves or disapproves use permits, site development permits and variances for new development projects or for substantial changes to existing infrastructure within the city limits, in accordance with the Ukiah Valley General Plan. It also helps formulate and recommends zoning ordinances to the City Council and works to help implement elements of the General Plan. 9. What is, or should be, the relationship between the City's Planning Commission and the City Council and between Commission and Staff? All three need to work together to promote a common vision of Ukiah. 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? Over the past ten years I have worked in a variety of capacities at the local, state, and federal level that have improved my research and analytical skills. I bring the ability to look at projects with a critical eye and to work with others to achieve a fair and equitable consensus. I have always been interested in "livable communities" since I was 10 and lived in one of the first master-planned communities in the nation. Having lived in many different types of communities, I have seen both sound and unsound planning practices implemented in retail and housing development. This knowledge would provide a unique perspective on the Planning Commission at a time when development pressures will only increase. 11. What do you believe is the most important land use related issue presently facing our community? By far, the most important land use issue is the lack of housing. This has potentially dire ramifications for the future of our community: many young people and families relocate because of a lack of affordable housing and businesses that might potentially locate here and bring more money into the community do not do so because of the lack of housing. As long as our community continues to grow, we will need places for those new residents to live. However, we also have to balance this need with maintaining the iivability of our town. 12. As a member of the Planning Commission, how would you attempt to address this issue? I would advocate for housing on the Commission and would work to encourage the Commission and city staff to more aggressively approach this issue. The Commission and city staff should work together to promot~ a series of housing seminars that would bring together citizens, architects and developers to work out a solution to our housing crisis. Although we have a limited amount of buildable land left within the city limits, I believe we can promote that land for unique mixed-use developments that will help improve our housing stock. We can also reuse and rehabilitate existing buildings. I also believe that the Commission has an important role to play in the development of guidelines for second units, which could provide an excellent opportunity for creating more affordable..housing. 13. In your opinion, what type(s) of growth, if any, should the City encourage? The City should encourage growth that meets our greatest unmet need first: the lack of housing. If we make housing a priority and perhaps even provide incentives to developers, we will see this type of growth occur. 14. In your opinion, what type(s) of growth should the city discourage? I do not think the city should be in the business of discouraging development. However, I do believe that the city should continue to promote standards that will ensure a livable community for years to come. These include aesthetically-pleasing and environmentally conscious designs that make the city more livable. 15. Are there any changes to the City's current planning review process that you would like to see implemented? NO. 16. What kind of ideal community do you envision for Ukiah? Having come from an overpopulated and dense urban environment, Ukiah is as close to an ideal community as I've ever lived in. I would like to see Ukiah improve its sidewalks and bike lanes so people can easily walk or ride around town; I would like to see Ukiah improve and promote its downtown which is the heart of any city; I would like to see Ukiah encourage the development of mixed-use projects and innovative designs. Ultimately, I envision a community where someone can live and work in the same community without having to travel great distances to a job and without being forced out by growth pressures, by the lack of adequate employment or by the lack of affordable housing. I know we can achieve this vision -it just takes a lot of hard work. AGENDA ITEM NO: 4a MEETING DATE: ]uly 17, 2002 ~UMMARY REPORT SUB3ECT: ANNUAL REPORT REGARDING FINANCIAL INVESTMENTS BY NANCY ]ONES, PUBLIC FINANCIAL MANAGEMENT Nancy 3ones, Representative of Public Financial Management (PFM), the investment management consultants for the City, will be presenting a report regarding the status of our investments over the past year, and answer any questions the Council may have regarding those investments. RECOMMENDED ACTZON: Receive presentation ALTERNATIVE COUNCTL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager Nancy ]ones, Public Financial Management None Approved: ~~~~_,~. Candace Horsley, City ~anager 4: CAN/ASR. PFM Presentation. 071702 UKIAH REDEVELOPMENT AGENCY REGULAR MEETING OF MAY 15, 2002 The Ukiah Redevelopment Agency met in regular session on May 15, 2002, for which had been legally noticed and posted, at 7:36 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Commissioners were present: Commissioners Larson, Smith, Ashiku. Absent: Commissioner Baldwin. Staff present: Assi Fierro, Risk Manager/Budget Officer Harris, City Attorney Ra Secretary Ulvila. 2. AUDIENCE COMMENTS ON NON-AGENDA ITE No one came forward to address the Agency. and R~ 3. APPEAL PROCESS Chairman Ashiku read the appeal process. airman er 4. APPROVAL OF MINUTES 4a. Regular Meeting of April 17, 2002 M/S Smith/Larson approving the minutes of the Regular submitted, carried by the followin. II call vote: AYES: C< Libby, and Chairman Ashiku None. ABSENT: ABSTAIN: None. 17, 2002 as Smith, Baldwin. 5. NEW BUSINESS 5a. Adoption of Resolution Al Sprinq Deputy Redeve Agency ado Communiti Pro< Orch risk". apartments restriction is allocate e Funds, 2001/02 - at staff is recommending the that includes allocations to both Rural (RCHDC) and The Ford Street pment funding for purchase of the The apartments are designated "at- opened up to the fair market rents. These approximately 20 years ago and the federal ~ey remain in the aff0rdability pool for 20 years. RCHDC is them so they can be retained in the affordability pool. The funds ram would be the second phase of construction of a is being proposed at 200 Ford Street. The Agency 2001 for the same project. Two other applications funded from the Emergency Fund from which the Agency has ~ppropriations to the Advisory Committee. Libby inquired as to how much money the County has committed Shelter. :~pment Director Harris advised that the County has contributed from its share of Redevelopment money. It was going to apply for a CDBG Ukiah Redevelopment Agency Regular Meeting of May 15, 2002 Page 1 of 2 grant but the application was withdrawn. He noted that the County does provide some operating assistance to The Ford Street Project relative to the shelter. M/S Larson/Smith adopting Resolution 2002-07, allocating $196,000 Setaside Funds, 2001/02 Spring; carried by the following roll call Commissioners Larson, Smith, Libby, and Chairman Ashiku. NOES: Commissioner Baldwin. ABSTAIN: None. 6. COMMISSIONERS REPORTS None. 7. EXECUTIVE DIRECTOR REPORTS None. 8, CLOSED SESSION None. 9. ADJOURNMENT There being no further business, the meeting was ad 7:41 p.m. Marie Ulvila, Recording Ukiah Redevelopment Agency Regular Meeting of May 15, 2002 Page 2 of 2 AGENDA TI'EM NO: 4b MEE'I'[NG DATE: July 17, 2002 SUMMARY REPORT SUB.,1ECT: PRESENTA'I-[ON BY MARK LAROSE, PRESIDENT OF UKIAH VALLEY MEDICAL CENTER (UVMC) We have asked Mark LaRose, President of Ukiah Valley Medical Center (UVMC), to provide the Council with a report regarding the current issues surrounding UVMC and the concerns regarding the lack of doctors in the Mendocino County area. Mr. LaRose will be discussing details for this situation and his perspective on what might be done to attract health care professionals into this county. RECOMMENDED ACTI:ON: Receive presentation ALTERNAT]:VE COUNC]:L POLzCY OPT]:ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager Hark LaRose, UVMC 1. Letter to the Editor from Mark LaRose, May 14, 2002 Candace Horsley, City~anager CAN/ASR.UVMCPresentation.07!702 4 - TUESDAY, MAY 14, 2002 Letters from our readers New health district not needed To the Editor: On April 30, 2002, Mark Hedges wrote a thought provoking article about parcel' taxes in Sonoma County and how they aid with hospital finding through health care districts. Taxes to support community ser- vices such as hospitals and schools are an excellent way to continue the vital services necessary for a healthy community. While a health care district may be one way to support a hospital, it is only a par- tial band-aid to a more complex delivery system. Instead of one hospital receiving all the funds, a better approach might be to create a "county-wide health care district." The district would address the urgent and emergent health care needs of all the peo- ple in Mendocino County by thoughtfully funding not only the three hospitals (Mendocino Coast District Hospital, Howard Memorial Hospital, and Ukiah Valley Medical Center "UVMC"), but also these hospital's medical staffs that enable the physical care to be provided. Revenues derived from sales and/or property tax initiatives would be overseen by the County Board of Supervisors or an appointed health care committee of the board. The idea of a "county-wide health care district" could use the concept of the Tobacco Tax Initiative using similar tech- niques for funding along with request for proposals (RFPs). Wltll the "county-WlCle llealtll care dis- trict'' being overseen by the board of super- visors, all of the allocations to local health care providers would be public record, keeping accountability at the forefront. Although a health care district for an individual hospital is one-way to raise funds for the facility, it may not be the best, or a lasting solution. In fact, it can mask inefficiencies ih operations and remove motivation to pursue other opportu- nities, Not-for-profit health care systems, with the support of the local community have the best chance for indefinite service. As a member of Adventist.Health, a 20- hospital system with facilities in California, Hawaii, Oregon and Washington, UVMC has a number of business advantages. The strength within this system to purchase things like computerized charting, physi- cian order entry, and access to volume pur- chasing discounts for supplies and techno- logically advanced equipment is significant when negotiated as a system. Auditing and investment services are also provided, allowing the hospital to obtain low-cost financing and bond acCess. Adventist Health also supports UVMC by helping us meet state, federal and other accrediting agencY standards and laws. Smaller hospitals without a system affil- iation will not be able to afford the rising cost and scope of providing health care in the future. UVMC could not provide the excellent care, high technology and future capital requirements without the support of a larger system like Adventist Health. I urge our community leaders to explore ways to attract additional health care pro- fessionals to our area and in so doing to keep local dollars in our community. In my' opinion, support for our local health care system through a "county-wide health care district" makes a lot of sense. A district would continue to provide Mendocino COunty with greatly needed health care and give the residents of our community peace of mind for the future. Mark E. LaRose President, Ukiah Valley Medical Center 5a ITEM NO. DATE: JULY 17, 2002 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING COUNTY OF MENDOCINO REQUEST FOR USE OF A PORTION OF COUNTY 20% HOUSING SETASIDE FUNDS (RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION, ORCHARD MANOR AND ORCHARD VILLAGE) Section 6 of the Redevelopment agreement with the County of Mendocino stipulates that 25% of the mandatory housing setaside (20% of gross redevelopment tax increment revenue) be designated for County use within the City limits. A similar provision is included in the agreement with the Mendocino-Lake Community College District. Use of the funds must meet State statutes relative to Iow and moderate income housing and each project or program must be approved by the Redevelopment Agency. The County is requesting distribution of $25,000 for predevelopment activities associated with the acquisition and rehabilitation of Orchard Manor and Orchard Village. These 112 "at risk" Iow and moderate income units are located within the Redevelopment Project Area and Rural Communities Housing Development Corporation (RCHDC) is pursuing the project to retain the housing in the long-term affordability pool. The current balance of the County's account is in excess of $175,000. The proposed use of the funds meets State requirements for use of the 20% housing setaside fund and will address a targeted population within our community needing affordable housing. It should be noted that during the Spring Housing Setaside allocation, the Redevelopment Agency approved $50,000 for this same project. Staff believes the expenditures are appropriate and recommends adoption of the resolution approving the request for County setaside funds. RECOMMENDED ACTION: Adopt Resolution Approving County of Mendocino Use of $25,000 of County 20% Housing Setaside Funds (Rural Communities Housing Development Corporation, Orchard Manor and Orchard Village). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine request requires modifications, identify changes, and adopt revised resolution. 2. Determine use of funds does not meet State or local requirements and do not adopt resolution. Citizen Advised: N/A Requested by: County of Mendocino Prepared by: Michael F. Harris, Deputy Redevelopment Director~.~.~,~o,,.,6,., Coordinated with: Candace Horsley, Executive Director Attachments: 1. Resolution for adoption, page 1. 2. July 11,2002 letter from the County of Mendocino to RCHDC, page 2. 3. Board of Supervisors meeting minute order, staff report, and original request letter, pages 3-6. APPROVEI~: ~ .. Oandace Horsley, ~<e'~tive Director mfl~ :asrura02 0717CoHousing URA RESOLUTION NO. 2003- RESOLUTION OF THE UKIAH REDEVELOPMENT AGENCY APPROVING THE USE OF $25,000 OF COUNTY OF MENDOClNO LOW AND MODERATE INCOME HOUSING FUNDS (RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION, ORCHARD MANOR AND ORCHARD VILLAGE) WHEREAS, the agreement between the Ukiah Redevelopment Agency and the County of Mendocino regarding redevelopment specifies that the Agency shall designate 25% of the mandatory 20% Iow and moderate income housing setaside fund for use by the County; and WHEREAS, the agreement further specifies the use of monies requested by the County shall be reviewed and approved by the Agency prior to disbursement; and WHEREAS, the County proposes to assist predevelopment activities associated with the acquisition and rehabilitation of Orchard Manor and Orchard Village, 112 "at risk" units, through a contract with Rural Community Housing Development Corporation using $25,000 of Redevelopment/County monies, and has requested the Agency to disburse these funds for this use; and WHEREAS, the Ukiah Redevelopment Agency has reviewed the proposed use of the funds, finds that the project meets State statutes for use of Iow and moderate income housing monies, is to be located within the City of Ukiah, and will be subject to an agreement between the County, Rural Communities Housing Development Corporation, and the Ukiah Redevelopment Agency to assure financial compliance with State statutes. NOW, THEREFORE, BE IT RESOLVED, the Ukiah Redevelopment Agency approves the use of $25,000 of County of Mendocino Iow and moderate income housing setaside funds (Account 962.240.020), authorizes the Executive Director to execute an agreement for the use of these funds, and approves disbursement. PASSED AND ADOPTED this 17th day of July 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Chairman Shannon Riley, Secretary URA Resolution No. 2003- Page 1 of 1 ~UL-~1-2002 14:42 JN~N$ Wi. ANDERSEN AD~I~rRATNE OF~,ER ADMINISTRATIVE OFFICE 501 LOW GAP ROAD, ROOM 1010 UKIAH, CALIFORNIA 95482 (707) 46~ '~"~1 FAX (707) 46,3-5649 coadm in~co.mendocino.=a.u:~ P.02×0~ BRUCE July 11, 2O02 Duane Hill Executive Director RCHDC 237 E. Gobbi St. Ukiah, CA 95482 I am pleased to announce that at the July 9, 2002 meeting of thc Mcndocmo County Board of Supexvisors, the Board approved your Agency's request for $25,000 of thc County's share of the City of Ukiah Redevelopment Agency Housing Set-a-side funds (scc attachod). Please continue to contact Tony Shaw of this office, with your questions or ffwe can provide further assistance. Sincerely, · Andersen ~_.C.,6unty Admimstrative Officer CC; Board of Superiors Tony Shaw, Economic Development Coordinator City of Ukiah Redevelopment Agency ~UL-11-2002 14:42 P,03×0~ MINUTE ORDER BOARD O1: SUPERVISORS COUNTY OF MENDOCINO STATE Ol~ CALII:ORNIA DATE: July 9, 2002 SUPERVISORS PRF.~ENT: Supervisors Delbar, Campbell, and Coffax SUPERVISORS ABSENT: Supervisor Lucier 5UPF~VISORS ABSTA~G: Supervisor Shoemaker 1-170 CONSENT CALENDARS Consent Calendar items 5a(4-7,19-20, 22, and 37) removed for separate consideration. Upon motion by Supervisor Campbell, seconded by Supervisor Shoemaker, and carried unanimously; 1T IS ORDERED that Regular Consent Calendar items 5a(1-3, 8-18, 21, 23- 36, and 38-41), and Mendocino County Air Quality Management District Consent Calendar item 5b(1) are approved as follows: Ct) Approval of Request to Utilize a Portion of the County's Share of City of Ukiah Redevelopment Agency Housing Set-a-Side Allocation to Partially Fund Predevelopment Costs Related to the Acquisition, Rehabilitation and Preservation of the Orchard Manor and Orchard Village Affordable Housing Development- Administration / Rural Communities Housing Development Corporation - Approved; Foregoing introduced by Supervisor Delbar, seconded by Supervisor Campbell, and carried (3/1/1, with Supervisor Shoemaker abstaif~g~ and Supervisor Lucier absent. STAT~ OF CALIFORNIA ) COUNTY OF MENDOCINO ) I, KRISTI FURMAN, Clerk of the Board of Supervisor~, in and for the County of Mendocino, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears upon their minute WITNESS my hand and the seal of said Board of Supervisors, affixed thia 11m day of July, 2OO2. KRISTI FURMAN Clerk of the BOard of~ll~]~visors JUL-11-2002 14: 43 OMBNDOCINO COUNTY BOARD OF SUPERVISORS AGENDA SUMMARY BOARD AGENDA # P. 04×06 A$~enda Summaries must be submitted no later tha~ noon wednesday, 13 days_~rior to ~ mee~ng, date TO: Board of S!~.pervisor$ DATE: June 2~.~ 2002 FROlV~ Duane ~ Rural Communities.Housing_ p_ev. Corp. AGENDA DATE: ]uly 9, 2002 CAO RsSOURC~ ~ I~sONS: ~ Present [~ On Call [-] Tony Shaw PaON~ 4441 Present [~ On Call [-~ Consent [~ Regular Agenda l--] Est. Time for Item:__ Urgent E] Routine ' *..~~p~..~,~p-~::t. ;,..... ~.1 . ' -"'.~l~,:~,,~, ~, .i, ~ II ~ous BOARD OR BOARD COMMITTEE ACTIONS: None. II S~¥: Please see the attached letter dated June 17, 2002_ A~~ATIV~: 1. Deny request; 2) Modify request WiLL PROPOSAL RIIQUIRI~ ADDmONAL I~R$ONNEL? 'Yes* [~] Number "If yes, ha~ this been ~hrough the Personnel Process? $om'~e'of Funding ci~ of Uld% Redevelopment A~ency lqSCAL IMPAq: Curre=t I~/~ Cost Azmua! Rec~~ Cost N.A. N.A. Bud.-ted in Current F~' No · CAO RECO~ATION: Agree BOAKDA~CTION 1) i~i~pp~v~ Date of Action 3) Q Denied 4:) El Other ~ 1.2 Cx~m~l~ ~ - Itsms mu.st be Rev.02/00 i Ea II' i nu. .om,mun z e.s Housing Development Corporatton 237 E. G-obbi St. Ukiah, California 96489 (707) 463-1978 Fax (707) 463-2282 P.O$/OG Sune 17, 2002 Mr. Tony Shaw Economic Development Coordinator Coum~ of Mendocino $01 Low Gat~'R& Room 1010 CA. 9544 2 ~Y AD.A~.!~.; iSTiLAT,~ ~.N Dear MF. Shaw: This is a request for $25,000 from the County of Mendocino's share of the City of URiah Redevelopment funds for predevelopment costs related to the acquisition and rehabilitation of Orchard Manor and Orchard Village. These fimds will be used to cover costs associated with the purchase of the projects, such as legal, cnviro_n_mental, architectural, firumcial consultant services, and thc costs of secu6ng an option. Both of these projects are at risk. This means that the current owners ofthese two projects have fiRfilled their contractual obligation with the government by maintaining them as affordable for the required twenty-year period. They are now at a point where they can either convert them to market rate units or sell them to a non-profit housing group (like RCHDC). The owner's representative has approached RCI-IDC about purchasing these projects, and we are currently negotiating a purchase agreement. Our agen~ believes that these units should be preserved as affordable housing for the long tem~ These two projects provide affordable housing to a large number of households in Lrklah; 112 to be exact, and their loss to the pool of affordable housing would aggravate the housing crisi~ t~ already exists in Ukiah Valley. It is RCI~DC's intention to maintain these as affordable for the useful life of the buildings, In order to do th~.~ RCHDC needs support from the County's share of the Ukiah Redevelopment Agency funds. Our total estimate on predevelopment costs for these projects is approximately $125,000 to. get us to the loan closing. The City of Ukiah has already approved $50,000 l~om their redevelopment funds for these projects. It is our intention to pursue monies from other sources in order to be prepared to complete all ofthe necessary ptedevelopment work. As the appraisal is in process wc haven't determined a flns.! purchase price. Once I have the price I will be reUm~_'.mE to you over the next twelve months and may be asking for additional redevelo~ funds to complete the acquisition. RCHDC is working with a financial consultant who is assisting us in developing fmanc~ options for completing the acq~on Once I get the results I will ,~hare them with the County. Thank you for your attention to our request for redevelopment funds. Duane Hill Executive Director TOTAL P.06 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 19, 2002 The Ukiah City Council met at a Regular Meeting on June 19, 2002, the noti had been legally noticed and posted, at 6:30 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Libby, Baldwin Staff present: Public Utilities Director Barnes, Airport Services Director DeKnoblough, Assistant City Manager Fierro, City Attorney Rapport, Public Works Director/City Enginee~ii~teele, Stump, and City Clerk Ulvila. .~:.,~:~:iiiii~iiii!iii ii ??'i~iii ~,iiiii!:,ii~,:: .......... Mayor Ashiku led the Pledge of Allegiance. i~=,=:~?~iiiiiiii?" ...... ~;~iiiii',iii!i:~!~. ..... URGENCY ITEM: Mayor Ashiku announced ~t~!iiiii~ an::=.~i:~~y item that needs to be included on the agenda and the need for action' ii~'~he a~ention of the City subsequent to the agenda being posted. The Urgency I{~il~ncerns: Authorization to Purchase Fuel Truck for the Airport. '~i~'!il~ i ii?~!',,:~,,~= ..... ~ M/S Smith/Baldwin to add the ~m to the Agenda as'::~~~: Calendar item 6i; carried by the following Councilmembe,~i!~mon, Smith, Libby, Baldwin, and Mayor Ashiku None. None. ~STAIN: None. C o u n c ii Ilowing hiku. 3. PRESENTATION 3a. Presentation by Steve Lamb Steve Lamb, G er of Adelphia forward 2002. of high sp~ in thi Cable .~ Company, explained that annual rate increase to be effective July 1, both analog and digital, along with a Ukiah. Di; Internet ramming, franchise fees, the availability of q Councilmember Larson, Mr. Lamb explained that Adelphia ..... ramming (PEG) and noted that Channel 3 is airing non- ile waiting for a PEG entity to operate that channel. Adel y otiations with the City with regard to renewing its franchise that will in~ PEG. :':::~:'~i~,i~i'''~:~: 3b. Pre ation by Greater Ukiah Chamber of Commerce ='~'~iiii?~iiiiii!~izabethli zil, CEO of the Greater Ukiah Chamber of Commerce, stated that the ::"~i~ ~~"Commerce and the City of Ukiah have enjoyed a successful private-public P ~"ip for many years. She discussed the Chamber's operating budget and noted th~!~'~ money received through the service agreement is used to provide services such as::~:~:':'~:~'tourism, relocation, and economic development. Through their contractual Regular Meeting June 19, 2002 Page 1 of 16 relationship, the Chamber is able to moderate the cost associated with promoting this area, which directly affects the programs the Chamber is able to provide to the community. She provided Council with a synopsis of the Chamber's work in rel~D to its mission and items in the service agreement with the Redevelopment Agencyiiiiiiii!!~?~iiii iiiii:.:,:,,~::~:. .... Upon a query by Councilmember Libby, Ms. Brazil advised that curr~?~here 548 members, with the majority consisting of small businesses. nqu ed to the cost membe i :, w th t " ii Chamber of Commerce. He went on to question why the Ukiah Ch~er includ~:§i~: State Chamber inserts in their local newsletter. It was his .... th::~ii!~e inserts '~ political propaganda. Ms. Brazil explained that the fee is based on the Greater Ukiah Chamber of Commerce is $160 yt noted in the service agreement, has g based on tourism and economic develo, highly political as their members wish it to be. The information source for businesses in the community through. The payment for the newsletter comes from and is not funded by the City of UI budget and the cost to that this work, , but is strictly of Commerce is is operating as an its newsletter as a pass 'ect dollars 3. COMMENDATION 3c. Commendation to Eriksen Mayor Ashiku read the Mary Lindley, and Jerry Eriksen in spearheading ti' ~ndous Day events. the for and Jerry of the Ukiah Valley, diligence and dedication in pride and honor during Memorial Mary L Ukiah, Council volun ring the Day gnizing the Veterans and the efforts of . 3d. Introd~ New Employee- Jan Tolbert, Development Permit Director Jan Jan De /here sh~ important Engineering system for ti the City's new Development Permit Coordinator, City from the City of Petaluma Community Development for 18 years. In this capacity, she had a broad range of involving Planning, Building Inspection, Housing, and ~rvices. She is now in the process of formulating an electronic tracking permits. Tol that she is happy to be working for the City and felt that the City has . 4a~ DVAL OF MINUTES Regular Meeting of June 5, 2002 Regular Meeting June 19, 2002 Page 2 of 16 Councilmember Larson referred to page 14, and discussed the first sentence of the second paragraph. He thought that the thrust of his statement was that the previous measures that were required to be on the ballot required voter approval. He p[=~[.red to add the wording "and required voter approval" to the end of the first sente ',ii'iii~!ii!iiii'?~!!i!ii~'?:~'~: .... M/S Baldwin/Larson approving the Regular Meeting Minutes of Junei?ii~i~'2002, a~ amended on page 14, carried by the following roll call vote: AYES:::,::~~i~embers Larson, Libby, Baldwin, and Mayor Ashiku. NOES: None. :,,~i?,~ ~i~"sE~':~:':None."' ~ A B STA I N: C o u n c il m e m b e r S m it h. ~.,~:,i'.i',ii',iiiiii~~ ........ :~,,~'~:,~,~',~?,:~i~ ~ ~:: 5. RIGHT TO APPEAL Vice-Mayor Baldwin read the appeal process. 6. CONSENT CALENDAR Councilmember Larson noted a correction to provided to Council. item b that wa§',~:~::~ M/S Smith/Larson approving items a through i of the a. Approved Disbursements for Month of May 2002; b. Approved Publishing Services by Ukiah Daily Journal the Amount of $4.96 Per for Additional Days; c. Received Notification to Cabinet and Switch $14,396.57; d. Authorized Complete Sole Monitor/Defibrillators From Mc e. Received Not Aluminum Amoun' Ado Ci g, Lock h. Authoriz{ Calendar as follows: t02/2003 in Inch of Breaker 9 Amount of Lifepak 12 Heart to Exceed $28,000; ing the Awa~'d of Bid for 6,000 ft. of 4/0 AWG Concentric Neutral, Single City Officials Who May Contract for N.A.; 3 to the Service Agreement For Fuel Card of Amendment No. 2 to the Service Agreement For Fuel Card ;dwood Oil Company; Truck for the Airport. Motion Libby, ;d by th and roll call vote: AYES: Councilmembers Larson, Smith, Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 1 AUDI iCE COMMENTS ON NON-AGENDA ITEMS Ukiah, reminded Council of the Greater Ukiah Chamber of Commerce's with the City of Ukiah for the Fourth of July celebration and discussed scheduled at the Fairgrounds and Todd Grove Park. He invited Council to festivities. ag PUBLIC HEARING Regular Meeting June 19, 2002 Page 3 of 16 8a. Adoption of Resolution Establishing Revised Fee Schedule for Planning Permits and Services Planning Director Stump advised that on May 1, 2002, the City Council discus the recently prepared Planning Permit Fee Study that evaluated how much it co: City to process various planning permits. Council provided some Before Council for consideration is a resolution with a fee schedule that i§'~:~:~!?, reasonable and appropriate for the services it provides. He staff's recommendation with regard to fee increases for certain a reduction in fees for small projects. There is no increase in fees f~iiii~ffordable projects, and in some instances there are reductions. Per Councii"~ili~e~ommen( no fee would be charged for appeals. He discussed staff's !ysis of:'"~i~[e-Appl Fee and felt an hourly rate would be difficult to track by s~ii ii~theref°~'~"suggested ~'~':"'~!:i~';i;:~ flat fee for large pre-application reviews. There wou,!d~i,!,::,~'""=no':"::~"~'~rge for normal pre- application reviews with the general public or Council had previousl~:,i';:~;,i:i~?;: discussed a penalty fee for violations and that after the second's;: .... occurrence, a double fee should become effect ;ommending a fee for mitigation monitoring which is a very time by state law. Councilmember Larson inquired if the recommended Hearings and re-noticing would apply if the hearing necessary. Director Stump explained t applicants request a Hearing continuations req for continuation of Public ~.,,.,~':i~o nt i n u a n ce i s the fee woulOiii~i?imposed w,h, en the wording~i'~i~~ changed to Public re-noticing." Discussion followed with regard commencement concerning g h( obtaining a permit prior to that the previous discussions by Council who legitimately do not know about the knows, such as a licensed Other issues discussed were g because they provide additional for the first violation but imposing a fee for type Ashiku roperty o' concern with violations of a use in various zoning districts in be aware of the restrictions applicable to a particular Director violations !p that the Building Department already has fees associated with ~r the California Uniform Building Code. City expl discussed trying to put enforcement issues into the fee structure that City rules do exist that provide penalties to those who violate the Zoning Code, etc. There are civil remedies available to the City that pursued that involve an exercise of prosecutorial discretion. Pi Hearing Opened: 7:28 p.m. Regular Meeting June 19, 2002 Page 4 of 16 Mary Lindley, Ukiah, recommended the matter be continued to the July meeting so that additional public input could be considered. She also posed questions re.[ding standard mitigation measures imposed on projects ....... ~:,~ii:~!iiiiiiii~i!iiiiiiii Director Stump explained that standard conditions of approval are.::~:::~i~ent th~iiii mitigation measures and mitigation measures are specific to each:~,,~ ii'~i'~i~nd are discovered through the review process. ' :.,~::~;~iiii?~iiiii? ......... ::~i!ii?'~i ii?~':~,;:. Lorey Leaf, Ukiah, was of the opinion that the actual fee costs sl~ be paid developer and not included as an increase in fees to Mayor Ashiku was supportive of removing the iiver ~e first offense from th~ fee schedule; however, he questioned imposin ,,.e. Councilmember Larson was supportive of a doubli means of determination, such as at a Zoning Admin City Council hearing to waive that penalty under circum= ignorance. He noted that is involved and that the cost. violations if an efficient Planning Commission, or ~r hardship or cover the Mayor Ashiku advised th~ apply discretion. He felt the pow. Director with the understanding that could icy if g body could to the Planning Coum was su rather than Zoning the first do not change to taxes change. of an appeal directly to the City Council He supported deleting the waiver for see their taxes increased and a fee increased. He supported staff's Councilmei He inquired recommended change concerning the waiver. $100 fee for an address change. a and when someone requests an address change it involves staff to coordinate the address change relative to the site requested is appropriate from each department. Larson recommended an amendment to the Public Hearing uested by applicants with a fee of $50 is appropriate. There should be uance is part of a hearing. Libby preferred to see a comparison of the current fees and services fee schedule. She was supportive of the concept of different levels of g to the size of the project. 'She was of the opinion that the proposal Regular Meeting June 19, 2002 Page 5 of 16 contains a very large increase in revenue and fees and felt that many of the fees are excessive. M/RC Baldwin/Ashiku adopting Resolution 2002-41, establishing Permit Fees pursuant to City adopted Ordinance 880, with the amendmen be a fee for Public Hearing continuations requested by applicants ti uire re noticing and there be a fee waiver request process for the first Discussion followed with regard to the motion and the double pena~i~i~e for a City Attorney Rapport noted that for each of the..::.,....~i~i:ts::~'::::~ is an established procedure for applying for and appealing any d~S connected with the permit,~,~i ii? process. If someone wanted to apply for an e~~fl:0n fro~iii~t, he penalty, it could b~'?~?:: .... made part of the application process, subject t:ai!i :me pr°~i~g and same right of appeals as the permit itself. ~',iiiii!ii? .......... ~i!',iiiiiiii!i;~iiiiii~:::: Motion carried by the following roll call vote: AYES: ~~ilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmembe'~i!i!!!iii~y. A~TAIN: None. ABSENT: None. 9. UNFINISHED BUSlNI 9a. Discussion of Bid Rainb~::Construction For the Construction of the Ci~ Community Services Director D~ Council considered bids submitted and Cupples Co ion in the Center additi( discussion both bidde City continue( City to ie necessary included Staff Re of $979,800 at the June 5 meeting, in the amount of $979,800 the construction of the Civic ,oth written and verbal protests submitted by to the June 19 meeting to allow the ~n. A Memorandum from the City City Construction was HLR wI the Duro- at the last compliance or One tLR Con,, it did there was a bid challenge by Cupples the Iow bid by Rainbow Construction and there were two to comply with bidding requirements that the bid challenge was :e to use the City subcontractor's list form and the other a subcontractor for roofing. The allegations regarding a valid state contractors license and it wasn't certified by install their particular type of roofing materials. Both bidders eting made presentations and he was asked to investigate the non- the bidding requirements. , of Rainbow Construction, provided the record of the telephone bid that HLR on May 22, 2002 and a follow up letter from HLR breaking down bid that was given by phone into tile and Duro-Last roofing materials and ;ntiated that it was a materials bid only. He also supplied a letter from Duro-Last saying that they were both certified by HLR as a supplier of materials and as an Regular Meeting June 19, 2002 Page 6 of 16 installer. Based on those facts, it was determined that both of the complaining failures involved failure to follow the bid specs. He concluded that in both cases they were "inconsequential irregularities" that the City Council has the discretion to w~ .... If Council waives them, it can accept the bid from Rainbow Construction as t~ t He explained that the standard for when it's inconsequential is j~¢~,'~?~ili~i!iii'~ii?~i:des an advantage to the bidder who committed the irregularity that ~i8:":"'" gi~iiii~i~m a competitive advantage against other bidders or would cause a public agency. It was his opinion that Council has the discretio~';~iii~aive the'"~:':~'"i~i:,::.: compliance as an inconsequential irregularity. He continue~i!,~,~.discu~i~¢ various inconsistencies. ' ............ !!ii iiiiiiiii;~::~. .... ':'~:'~::~'~;~'?:~': ..... He advised that another complaint involved Mr. Rich information with the bid. In reviewing the bid s not a requirement to submit the qualifying would be required after the bid is accepted work can proceed. He will be contractually obligated not submitting the qualifyingi:::': :~'~i~,:~:determined that it wa~ with . Those submittals by the City before under the contract. Discussion followed concerning the City Attorney's anah City's specifications. There was that Rainbow Construction, if specs, there was certain to be submitted 14 days package. Neither bidder did th; manufacturers is past. Discussion contir that Mr. Ri, products. be assu~ that the meeting the discussion concerning opinion bid, must use Duro- In these m~ that were required and th~'~?Were part of the bid the time to substitute AttorneY~+~apport's~"~"~ analysis. It was noted he does not intend to use Duro-Last 14 days prior to the bid, it could products. The City Attorney noted it would have the options of approving bids and going out for bid again. Paul An~ or rel Jones St., Ukiah, was of the opinion that the City should not but instead focus on other priorities such as bike lanes, improvements, saving the money in a reserve fund, Brian Attorney's to g Cupples Construction, disagreed with the City mmendation. It was his opinion that the City Council has the discretion ~whether this is a material deviation from the bid specs or an deviation. He thought that the focus should be on whether or not received a competitive advantage for submitting a bid with a who was unlicensed but also was not certified by the roofing materials install this type of roof. Whereas, Cupples Construction did supply a roofing who is both licensed and certified to install this material. He felt that his ~t has put forth more effort to find a contractor that is licensed and certified. The Regular Meeting June 19, 2002 Page 7 of 16 difference between the two bids was $13,000 for a $1 million dollar project. He noted that there might be a conflict of interest with the architect in this case, since he rents office space from Rainbow Construction and works on many of their projects ..... :;~:~;~i~,~,~: Peter Richardson, Rainbow Construction, 'advised that they would have Last Roofing. He felt that if the bid is postponed, time would be lost would"~'~!~?,?:: increase. A qualified and competent installer, approved by the materials. He discussed some of the construction projects his firm It is their intention to complete all of the work on the project with th~ at prevailing wages. City Attorney Rapport explained that under state properly licensed. Both contractors have submitted Duro-Last certifies HLR for using their roofing mat, June 13, 2002 from Tim Hart, General M; Roofing, in which he states that HLR Roofin Duro-Last Roofing. Rainbow Construction unless it is able to contract with them to do the percent. authori Discussion followed with regard HLR as a subcontractor for ro how to proceed with award LR's qualifications, Construction's to reject for the application ss than one half of one listing subcontractors, il bids. City Attorney Rapport noted that that they did not list the trades for Construction's bid was Considerable dis~ bids submitted. M/S n( the Construction by waiving the use of a )r's list as inconsequential bid Center addition to Rainbow Construct in Discussion to the motion and the inconsistencies of the bids. Libb~ None. :arried by Ash roll call vote: AYES: Councilmembers Larson, Smith, Councilmember Baldwin. ABSTAIN' None. ABSENT: Recessed: pm Mayor Asl excused himself from the meeting due to illness and Vice-Mayor med the chair of the meeting. 8:46 p.m. NEW BUSINESS Regular Meeting June 19, 2002 Page 8 of 16 10a. Construction Reimbursement Program Public Works Director Steele advised that before Council is a Resolution estal a new "Homeowners' Sidewalk Construction Reimbursement Program". Thi: is being proposed to encourage and financially assist homeowners to sidewalks, curbs, and gutters in residential neighborhoods. improvements would increase property values and enhance the a community, and at the same time improve accessibility and improvements will also help reduce storm water runoff from reduce infiltration of water into the structural section of the paved cause deterioration. Adoption of Resolution Revising the City of Ukiah Homeowners' Sidewalk This program is intended for properties with existing family dwellings with "second" units, and ~re si exist. Duplexes may also be eligible if one of the is not intended for properties such as comm properties. It is also not intended for repairin! on new subdivisions, or for the construction of a new lng of the The lings and single- ks, curbs and gutters do is own, pied. The progra~ or for multi-dwelling :installing sidewalks land. Initial funding of $50,000 for the program would come'::~"~:~i~ii',~:.~ the ~ecial Projects Reserve Fund. In no case w( I( amount of reimburse iii~0.~?~iiii~ewalk, curbs and gutter abutting a single ,d $5,000. It is a ~'~ii~'~:?this program to reimburse the homeowner of the co '~tion cost of the improvements. She requested an amendment to Item 2" or "Procedure, Item 3.1" to the authority t¢ to the intent include under "Eligibility- Public Works shall have bility of a project as it relates Discuss~ pro! was Resolution one-third the for the a parcel would not qualify for this funding for residential improvements City Attorney Rapport that the proposed owners". Improvements that reflect more than the property were also discussed. Various scenarios were .:.program would be appropriate for reimbursement. It was noted might prove to offer incentive to make improvements to s to properties not only increase the property value :1 increase the value of the neighborhood. Libby inquired as to how many streets in the City would qualify for this what the costs would be. provided information to Councilmember Libby regarding contractors idewalk improvements. Staff also checked with a local contractor who does of work and they advised that the estimated cost would be approximately the funding allocated in the program. That is what they based their estimates Regular 'Meeting June 19, 2002 Page 9 of 16 Councilmember Larson inquired if privately contracted work on a public right-of-way has to conform to prevailing wage guidelines. Director Steele responded negatively. The homeowner can obtain a ch~ the City can. Councilmember Larson explained that there is information ,cie and Pedestrian Master Plan regarding the gaps and missing walkways in the City. He noted that possible funding could be federal safety money, especially if the City has an establisb~. ~at continue. He would like to see some areas prioritized on:~,~~i§~..of , criteria traffic volume so that those areas could be targeted for~,,,~bve~ts. Councilmember Libby referred to the Staff Re~iii!:.i~'~:''~'~:~'~ whic~,ii??~iiii~ stated that 'prope where sidewalks don't exist" and it also says "tb~ii est fina"~l: burden is exhibited". She did not see that mentioned in the Resoluti~? Director Steele explained that as the Report was bei~ added as an interpretation. The meaning is that the hi incentive or reason to do this. ;ommercial and industri business, and want to fix the customers and employees mechanism for obtaining immediate tax benefit as a larger duplex. because they are and the City Attorney irt recomm{ Resolution Code duplexes units is that sentence was h less financial jobs, ~ed with getting has a good don't receive an an apartment complex or additi~;~al wording to the proposed 9017" under "Eligibility", and insert "or M/S 3.1" and final determin~ prog M/S Code Secti( is owner Resoluti~ Revising the Sidewalk Construction to Eligibility-Item 2" or "Procedure, Item Works shall have the authority to make the eligibility of a project as it relates to the intent of this program." r nti~i~,the Walk & Roll Coalition, expressed his support for the . :~:~i~....~ . ,, . . son to'"~'d on page 1 of the Resolution, last paragraph, after Uk~ah C~ty ~017" under "Eligibility" and insert "or duplexes where one of the units ;d with amendment by the following roll call vote: AYES: Councilmember and Vice-Mayor Baldwin. NOES' Councilmember Libby. ABSTAIN' iSENT: Mayor Ashiku. NEW BUSINESS Regular Meeting June 19, 2002 Page 10 of 16 lOb. Adoption of Resolution Calling an Election and Authorizing Execution of Agreement with the County of Mendocino for the Provision of Election Services at the City Election to be Consolidated with the Regular General Election City Clerk Ulvila advised that the City of Ukiah historically has con elections with Mendocino County. The proposed Resolution, with Agre, an election on November 5, 2002, consolidating the election with the Election, and contracts with the County of Mendocino for election is necessary to fill the vacancies created by the expiration of two and Libby) and the term of the Mayor (Ashiku). The estimated is approximately $10,600, which will be budgeted 2003 Budget. calls ction fin year M/S Smith/Larson adopting Resolution 2002-43, execution of agreement with the County of services at the City election to be cons( election; carried by the following roll call Libby, and Vice-Mayor Baldwin. NOES: None. Ashiku. A! an election and authorizing~ provision of election',: ~r statewide general Larson, Smith, None. ABSENT: Mayor 10. NEW BUSINESS 10c. Approval of Emi Millview Allowed Place of U,, City Manager Horsley advised included in the Council packet i= agreement copied from the compute the final ver,, consideration enter into change,, Distri~ rec~ form of the County Water Board. :cordance ection Agreements and ,n for Change in lillview. This Emergency Iview Cou~ expired es was the District agreement County Water District older v~ She provided Council with is bein~ brought back to Council as a .rconnection Agreement that the City would Districts. The agreement shows the that the City had signed with each in the Staff Report. The City has ~d Millview County Water Districts. Once the , a petition to conclude Millview and Willow in the City's place of use will be filed with the Water Resources that the petition would represent that the water will be used interconnection agreements. intertie uired as to how often has the City used the emergency Ukiah needed water. Public Util use it at all. Barnes advised that to his knowledge, the City has not had to ar Libby noted that there would be an increase in the cost of the water the other two entities agreed to that. Regular Meeting June 19, 2002 Page 11 of 16 Director Barnes explained that the $0.35 that was in the original contract was based on water being supplied prior to the Water Treatment Plant being in full operation, and the City never recouped those costs in the contract. The current dollar amount it closer to actual costs for production. ing but and not include inadequate wate:,r?i';iiiii one~ii;i',!ii~j.strict to another und~'i~ ~::~ ii~iscussed. Vice-Mayor Baldwin referred to the letter sent to Mr. McMichael of Attorney Rapport on May 29, and noted the~e is wording in the letter th.; is not included in the proposed agreements. He referred to the emergency conditions do not include inadequate water rights to This clause is not included in either of the interconnection ag Emergency Conditions." ..... ~:,,~i?,~i~ii~,i~i~,~ ~,,, ..... :~ ~,~i!!i!ii~:iii!iii~?~ii?~ Discussion followed with regard to the definition of conditions. It was noted that emergency conditions rights to meet peak demands. Transferring wat emergency situations as opposed to meeting City Attorney Rapport noted that the key would the situation has to be "unexpected and sudden", which would mean that if th( a chronic water shortage due to inadequate water rights, that wouldn't be sudden o the problem were that there is an inadequate r right to meet peak be a chronic condition, not a sudden and It may als of their state water permit. has to encompass our Councilmember Larson noted anticipated peak demand. City Attorney explained in the propo,, n was "over this issue If the la~ Resoluti i' would not ie an adverse agree He noted currently that says are somehow able to do lat if it w he thought would be included e" that was being included because to be included in the proposed what the expectations are under this language included in the Resolution that ~d unexpected" and a provision of the contract permits or licenses. If the concern is that they peak demand because of these innerconnections, and if they violating any of their licenses or permits, what would be the terms of their existing licenses and permits. that disc the water quality of other Districts and was of the opinion a grade of water quality. He posed the question of how do we that the water Ukiah is receiving in emergency periods is less quality id to receiving. M Rapport explained that its both the definition of "emergency" in that section 2.c, which says "Ukiah shall only be required to furnish water Millview for the following rea§ons: an emergency or equipment failure Millview's capacity to deliver water to its customers, to combat a fire within aw service area, allow for necessary maintenance or repair of Millview equipment Regular Meeting June 19, 2002 Page 12 of 16 not practically achievable without that water service, or contamination of Millview's water source." Those are the only four circumstances under which the City of Ukiah is obligated to furnish water to Millview. It doesn't mention inability to meet peak due to inadequate supply of water because we have a dry year. It is not one situations. Vice-Mayor Baldwin discussed emergency situations. It is his conc~ that is, for the time being, plentiful in Ukiah, is used to Ukiah's north. The City is suffering significantly in terms of traffic bad planning in the north. He preferred the wording noted by added to the Resolution. Councilmember Libby noted that at a water said they were applying for a new water permit. water supply if an emergency situation ever occun lation bel water ~g to of she thought they that Ukiah needs a need water. M/S Baldwin/Larson approving and Millview County Water District and Willow County place of use petition, with the addition of the following Urgent, "Urgent or emergency conditions do no include meet peak demand." Agreements with ~egarding change in ~ge to page 1, Section 2- later rights to Discussion followed with Motion carried by the following Libby, and Vice-Mayor Baldwin· Ashiku. Larson, Smith, None. ABSENT: Mayor 10d. of ~~n Revising Compensation for City City er that ba~?on Council policy, the City Manager is to City Clerk and recommend an increase in compensatii to provide a comprehensive evaluation of the City Clerk': she met with various City staff members who work directly receive from the City Clerk's office on a regular basis. She also met ;ity Clerk ' comments or concerns from the administrative staff's persp and to di goals for the coming year. Overall, City Clerk Ulvila very satisfactory manner in her responsibilities to the City Council, 3ity staff. She discussed some of the City Clerk's accomplish~ ~'ts this last year, of which the City has received compliments. Based on the City Cie satisfactory performance, she recommends an increase of 5%, to SteD ~ · ' -- D, based o~ step schedule that was adopted by Council last year. ~'~n ~ber Libby stated she does not suppo~ the City Clerk's position being on a~lbyee pay scale as noted by the salaw range steps used for employees and u~¢~fn the Staff Repo~. Regular Meeting June 19, 2002 Page 1'3 of 16 City Manager Horsley advised that last year the City Council voted to have the City Clerk's salary based on steps increases, and on an evaluation of a variety of performance standards for the City Clerk's position. Council felt this process w~. be the best way to evaluate the City Clerk's performance as an elected official .... Mary Lindley, Ukiah, explained the City Clerk Ulvila is very helpful to t~ii~"iic an excellent representative of the City. M/S Smith/Larson adopting Resolution 2002-44, Revising the City Clerk; carried by the following roll call vote: AYES: Coun( and Vice-Mayor Baldwin. NOES: Councilmember Libby. Mayor Ashiku. 10. NEW BUSINESS 10e. Consideration and Approval of a Recognition Program City Manager Horsley advised that frequentl either a special development project or design re excellent example of the goals the City Council ha enhancing our community image. projects. She suggested this innovative renovations and co~ This will help the City prom! and recognize those indivi. formed to include one or two Cou~ for how the program would o Council for final approval. The City doesn't hav City Council award ojects that are com an~ becomes aware of tha{ stands out as an forth for improving and :ognize those of special ring the year. projects, a committee be and to develop criteria bring its findings back to Councilmem business would be nice to recognize the individual or or from the D~ an as needed 3n that the committee consist of one two Councilmembers, staff, and one person that the committee would review projects on and dependant on the nomination process. reco~ occurring ~ring a ard to the award process and the possibility of no a year and also the possibility of many projects deserving guidelines,:::::::::::::::::::::::::::::: then the City could publish the guidelines to inform the community. ~:~!~ili~ii~ty d~ :r Horsley advised that once Council decides which Councilmembers ~'~'~"=~=~:~:~'=' ~,~e on the committee, she would ask Planning Director Stump to take the ~ "'"'~"'~'~'~i'i~fore the Planning Commission and Design Review Board to determine their ~t in serving on the committee. Regular Meeting June 19, 2002 Page 14 of 16 Councilmembers Larson and Libby voiced their interest in serving on the committee. It was the consensus of Council that the composition of the committee should ~ude members of the City Council, Planning Commission, Design Review Board~:~,,~ 10. NEW BUSINESS 10f. Consideration and Adoption of Resolution A ' Understandinq For Employee Bargaining_ Unit- Fire Matter discussed in Closed Session. 11. COUNCIL REPORTS Councilmember Smith reported that on May 17, he Planning Group meeting, as the City's winter shelter and the City Clerk will provide co Homeless Service He has the statistics for the::,~,:,i?; Councilmember Libby reported that she Community of Champions award. She also attend, celebration. She attended the groundbreaking cere~ Elementary School. On June 14th she attended the Vital State. They had a very to Council at a later time. supportive environment for Council concerning that inquired if the City is involved with that the state is providing available. resource fair and she wil ~d a workshop at ti' she will bri of Commerce Market Flag Day for the Grace Hudson m at Sonoma information on creating a ;ome information to the Civic Center and energy. She noted un~ inding that funds are still City that new additil ng them for obtained a grant for solar panels on the the structure. 12. coalition for Council to CLERK I with information concerning the water bond the state, and a draft newsletter was provided and provide input to staff by June 24th. As a re., meeting in July or in August, staff would bring the water :ussion and direction to staff concerning policy decisions. that matter, a newsletter concerning water issues would be on Ukiah citizens would be circulated. to the Employer's Council, on water and some of the main issues and ~e very involved. reminded Council that the deadline for applying for vacancies on the ommission, Investment Oversight Committee, Parks, Recreation, and Golf C( and the Planning Commission is June 27th at noon. To date, three app ications have been received. The terms expire on June 30, 2002. Regular Meeting June 19, 2002 Page 15 of 16 A reminder to Council that there will be no meeting on July 3rd. The meeting scheduled for July 17th will start earlier than normal due to the interviews of candidates for commissions. The meeting may begin as early as 4:30 p.m. She reminded Council that the nomination period for those wantin nomination papers for the November election begins July 15th and end~ has been preparing information for candidate packets and has be~ Fair Political Practices Commission. The C)ty of Ukiah will be ho~ Treasurer's Workshop presented by the FPPC in the Council August 12th, from 6:00- 8:00 p.m. There will be no ch~ for workshop and they will send announcements to all Adjourned to Closed Session' 10:09 p.m. 13. CLOSED SESSION a. Conference with Labor Neg City Designated Representative: Candace H. Employee Organization: Fire Unit No action taken in Closed Session. City Manager th. She the Reconvened at 10:19 pm. 10. NEW BUSINESS 10f. Consideration and Ado Understanding For Em M/RC Larson/Smith adopting Understanc he City of Uk call vote: NOES: ABSTAI Memorandum of re Unit Adopting Memorandum of a'nd the Fire Unit carried by the following roll ~ith, Libby, and Vice-Mayor Baldwin. r Ashiku. 14. JRNM 25, 2002, 8:00 A.M. 2002/03 BUDGET M/RC Smith, the2002/03 member None. Adjourn ti ieting to Tuesday, June 25, 2002, at 8:00 a.m. for Hearing, carried by the following roll call vote: AYES: ith, Libby, and Vice-Mayor Baldwin. NOES: None. ~or Ashiku. There further the meeting was adjourned at 10:20 p.m. Marie Ulvil~ Clerk Regular Meeting June 19, 2002 Page 16 of 16 ITEM NO: MEETING DATE: 5b 3uly 17, 2002 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUB3ECT: APPROVAL OF PERFORMANCE AGREEMENT WITH GREATER UKIAH CHAMBER OF COMMERCE A draft of the 2002-03 Performance Agreement between the Ukiah Redevelopment Agency and the Greater Ukiah Chamber of Commerce is presented for Commissioner review. This agreement defines the Chamber's responsibilities and roles in recognition of the $25,000 in funding that is provided by the Redevelopment Agency. The Chamber has fulfilled their Performance Agreement for the previous fiscal year, and this current proposal is in essence the same agreement except for a few minor changes, which have been outlined for the Commission in red. 1. The first change is on page three, under "Records, Reports and Accountability". The Chamber has requested that they be able to provide a bookkeeping system that outlines the use of Agency funds paid to the Chamber for services, rather than segregating them, as their current bookkeeping software does not allow for this. In speaking with the Chamber representative, the staff sees no problem in this requested change. (Continued on page 2) RECOMMENDED ACTION: Approve Performance Agreement between the Ukiah Redevelopment Agency and Greater Ukiah Chamber of Commerce. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah Redevelopment Agency Candace Horsley, City Manager Elizabeth Brazil, President, Chamber of Commerce 1. Proposed Performance Agreement between the Ukiah Redevelop- ment Agency and Greater Ukiah Chamber of Commerce Approved' Candace Horsley, Cit~Manager 2. On page two, under "Financial Compensation by Agency", we are requesting that the language in the second paragraph be changed to state that any funds submitted to the Chamber will be subject to the Agency's prior approval, and 21 days will be allowed for payment to the Chamber. Chamber representatives have agreed to this change. 3. On page 4, under "Relationship Between Chamber and Agency", there is a strikeout of the word "City", which is replaced by "Agency". On the same page, under "Nonperformance Due to Condition Beyond Control of Parties", the work "form" is changed to "from". This is the sum total of the revisions to the document for the 2002-03 year. Staff is requesting the Commissioners comments and approval of the agreement. 4:URA/ChamberContract02-03.071702 PERFORMANCE AGREEMENT between the UKIAH REDEVELOPMENT AGENCY and GREATER UKIAH CHAMBER OF COMMERCE This Agreement is made this 1st day of July, 2002, by and between the Ukiah Redevelopment Agency, a redevelopment agency for the City of Ukiah, herein called "Agency," and the Greater Ukiah Chamber of Commerce, a California not for profit corporation formed pursuant to the laws of the State of California, herein called "Chamber." RECITALS 1. The Agency is desirous of creating a vital economic development climate through the promotion of the City of Ukiah's advantages as a business, industrial and residential center, disseminating information relative thereto and properly following up and giving consideration to inquiries made from time to time relative to the various activities of the Agency. 2. The Chamber is organized for and equipped to carry on promotional activities in relationship to tourism, relocation and economic development on behalf of the Agency. NOW, THEREFORE, in consideration of the above-recited facts and agreement contained herein, it is agreed as follows: A. TERM This Agreement shall be effective from July 1, 2002, and shall terminate on June 30, 2003. B. SCOPE OF SERVICES 1. Public Relations and Marketing Chamber shall carry on promotional activities with and on behalf of the Agency. activities shall be carried on in cooperation and coordination with the Agency. services shall include, but are not limited to: These These a. Promotion of business retention and expansion through coordination, organization and execution of associated inquiries and requests and coordinate specific business inquiries and referrals with Agency staff. b. Promotion of visitor development and tourism through management, organization and execution of associated inquiries and requests -1- c. Promotion of Ukiah with advertising and marketing efforts including a linked web site. d. Production and dissemination of packages of information about Ukiah that are current and available at public counters and upon request and share in the distribution of promotional materials, maps and brochures produced by Agency staff. e. Participation and coordination with Agency staff in trade shows and like promotional opportunities. f. The Chamber will continue its affiliation with the Mendocino County Alliance ("MCA"), providing a representative on the MCA board, providing displays, promotional materials and a pictorial display of the community and surrounding area at many of the MCA events and programs. 2. Ukiah Valley Conference Center Reception Services It is agreed upon by both parties that the majority of inquiries 3nd at the receptionist area in the Ukiah Valley Conference Center are Chamber related. As part of this agreement the Chamber shall provide reception staff support for the Ukiah Valley Conference Center and the tenants therein during normal hours of operation, Monday - Friday from 9:00 a.m. to 5:00 p.m. Occasionally the reception office will be closed during normal hours of operation. It is anticipated that this will occur infrequently. The Chamber shall notify Conference Center Staff as the Redevelopment Director's designee, in advance of any time the receptionist office is closed during normal business hours as practical. 3. Other Activities Chamber shall carry on such other activities on behalf of the Agency as may be mutually agreed upon from time to time during the period of this agreement. The Agency and the Chamber produce and participate as partners in community-oriented events; such as the All American Fourth of July Afternoon Family Picnic, the Ukiah Country PumpkinFest and the Small Town Christmas. The Chamber's role in the production of these events augments the Agency's goal of creating a vital economic climate. For those events that the Chamber and the Agency work in partnership on; a joint evaluation is performed annually. 4. Representation Chamber shall provide Agency the option of one (1) ex officio representative on the Chamber's Board of Directors. C. RECORDS, REPORTS AND ACCOUNTABILITY The Chamber shall furnish an annual report by the first regular City Council meeting in June of each year covering the prior year's public relations, marketing and economic development activities for the period from June 1 through May 31, 2003. The report shall include the number of inquiries serviced; type and scope of promotional activities; and -2- such other information that may be relevant to provide sufficient data to satisfy the terms and scope of this agreement. Chamber shall maintain a bookkeeping system and books of account in accordance with generally accepted accounting principles consistently applied, which segcegate-outline the accounting and utilization of Agency funds paid to the Chamber for services def-~-e--~ in this agreement~J~em.ethec-.-seucc~s-<)f--Cham~.~.revenue. Agency shall have access to said books of account during regular business hours for purposes of inspection and audit. Chamber shall fully cooperate with the Agency and its agents and accountants during any such inspection and audit, including, but not limited to, making its employees, accountants, bookkeepers, or officials available to provide any requested information or documents. Any and all future Agreements between the Chamber and the Agency shall not only be predicated on the Chamber's on-going ability to accomplish the prescribed services contained in the "Scope of Services" section above, but also shall be dependent on the Agency's ability to garner available funds from its budget to support the Chamber. D. FINANCIAL COMPENSATION BY AGENCY In consideration of the Chamber's performance of the above services, and under the terms of this Agreement, the Agency shall pay the Chamber the sum of twenty five thousand dollars and no cents ($25,000.00) in order for the Chamber to accomplish the specific scope of work identified in Section B, subsections 1 and 2. This sum of money shall constitute the entirety of Agency's financial contribution to the Chamber during the effective dates of this Agreement (July 1, 2002 to June 30, 2003). Chamber shall invoice the Agency on or before August 1, 2002 and subject to the I Agency's prior approval within 3(; 21 business days thereafter the Agency shall pay the I Chamber contract price of $25,000. E. INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Chamber agrees to indemnify and hold harmless the Agency, its officers, agents, and employees from and against any and all claims, losses, defense costs, or liability of any kind or nature which the Agency, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Chamber's performance under the terms of this Agreement, excepting only liability arising out of the sole and active negligence of the Agency. VVithout limiting the Chamber's indemnification, it is agreed that the Chamber shall maintain in force at all times during the performance of this Agreement, the following policy or policies of insurance approved by the Agency and issued by admitted California insurers approved by the Agency covering its operations: 1. Comprehensive General Liability, including contractual liability, products, and completed operations and business automotive liability, all of which shall include coverage for both bodily injury and property damage with a combined single limit of one million dollars ($1,000,000). -3- 2. Worker's Compensation coverage at statutory limits. , The certificates of insurance and endorsements shall be completed to the satisfaction of the Agency. Should the Chamber fail to comply with this paragraph then, the Agency shall have the right to immediately terminate this Agreement without further notice to Chamber. F. RELATIONSHIP BETVVEEN CHAMBER AND AGENCY Nothing in this Agreement shall be construed as making the Chamber or any of its employees or representatives, the agent or employee of the Agency for any purpose, or creating between the Agency and the Chamber the relationship of legal partners or joint ventures. It is understood that the contractual relationship of the Chamber to the Ci~ Agency is that of an independent contractor. G. TERMINATION FOR NON-PERFORMANCE Except as provided in paragraph D, if any party to this Agreement breaches any provision thereof, then the other party may give the defaulting party a notice to remedy such violation within thirty (30) days. The other party may terminate the Agreement: (a) if such violation is not remedied within said 30 days; (b) if the breach cannot be remedied within such time period; or (c) the defaulting party has not commenced efforts to cure the breach or fails to diligently complete steps necessary to cure the breach. Should this contract be terminated for breach on the part of the Chamber, compensation as provided in paragraph D, shall be refunded to the Agency on a prorata basis. A waiver by either party of performance of any provision of this Agreement sha_ll not amount to a future waiver of the strict performance of such provisions or of any other provision of this Agreement. H. NON-PERFORMANCE DUE TO CONDITION BEYOND CONTROL OF PARTIES If either party is unable to perform its obligations under this Agreement due to conditions beyond its reasonable control, such as, but not limited to, changes in local, state, or federal laws or regulations arising form--from legislative changes, judicial interpretations of existing law, vote by the citizens of Ukiah, or administrative action, and not due to the fault or neglect of any party, such failure to perform shall not be deemed a violation of this Agreement provided the party whose performance is so prevented performs its obligation as soon as practicable after the occurrence of the event preventing performance under this Agreement. Such party shall use reasonable diligence to put itself again in a position to carry out its obligations hereunder, and in the event such party does not or cannot within a reasonable time put itself again in a position to do so, the other party may, at its option, terminate this Agreement. -4- I. MISCELLANEOUS PROVISIONS 1. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver or modification of the Agreement or of any covenant, condition, or limitations herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in a proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed. The provisions of this paragraph may not be waived, except as herein set forth. 2. SEVERABILITY In the event any section, subsection, provision, or clause of this Agreement or any combination thereof is found to be unenforceable at law, inequity, or under any presently existing or hereafter enacted legislation, regulation, or order of the United States, any state or subdivision thereof or any municipality, those findings shall not in anyway affect the other sections, subsections, provisions, or clauses of this Agreement, which shall continue in full force and effect, and the unenforceable provisions shall be interpreted in a manner that imposes the maximum restriction or obligation permitted by applicable law. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 3. NOTICE Whenever notice is permitted or required by this Agreement, it shall be deemed given when deposited in the U.S. Mail with proper first class postage affixed thereto and addressed or personally delivered to: Ukiah Redevelopment Agency Attention: Executive Director 300 Seminary Ave. Ukiah, CA 95482 Greater Ukiah Chamber of Commerce Attn: CEO 200 South School Street Ukiah, CA 95482 4. DUPLICATE ORIGINALS This Agreement may be executed in one or more duplicate originals each bearing the original signatures of the parties. When so executed, each such duplicate original shall be admissible to establish the existence and terms of this Agreement. 5. AUTHORITY The parties hereto acknowledge that they have the authority to execute this Agreement on behalf of the entity that they represent as herein set forth below. -5- 6. ARBITRATION (a) All claims or controversies, disputes and other matters in question arising out of or relating to this Agreement or the breach hereof, shall be decided by binding arbitration. On the written request of either party served on the other party shall be submitted to arbitration. Arbitration shall comply with and be governed by the provisions of the California Arbitration Act. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with the laws of the State of California in any court having jurisdiction thereof. Arbitration shall be conducted at a situs in the County of Mendocino, State of California. (b) The arbitrator shall be a person mutually agreed upon by Chamber and Agency within 30 days notice of either party's request for arbitration. If the parties cannot agree upon an arbitrator, they shall each appoint one arbitrator. The two persons so appointed shall select a third impartial arbitrator whose decision shall be final and conclusive upon both parties. (c) The charges, expenses and fees of the arbitrator(s) shall be borne and paid fifty (50%) percent by the disputing party instituting the arbitration and the balance by the other party. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator decides. At such time as the arbitrator determines who is the prevailing party, the prevailing party shall be entitled to an award, which represents the charges, expenses and fees of arbitration, and an award for attorney fees and costs. (d) Notice of demand for arbitration shall be filed in writing with the other party. The demand for arbitration shall be made before the date when the institution of legal or equitable proceeding based upon such claim, dispute or other matter would be barred by the applicable statute of limitations. By the parties initials below each of them hereby acknowledges that they have read, understood and agree to be bound by the arbitration provisions stated herein above. GREATER UKIAH CHAMBER OF COMMERCE UKIAH REDEVELOPMENT AGENCY Teri UIIrich, Board President Candace Horsley, Executive Director 7. ATTORNEY'S FEES AND COSTS If any action is commenced, whether suit is filed or not, to enforce or interpret the terms of this Agreement, or to determine if the contract has been breached, the prevailing party shall be entitled to reasonable attorney's fees and costs, and necessary disbursements in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire contract. -6- (ACKNOWLEDGEMENT) Co 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 months after 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. 3421 Owner's personal obligation. Ao 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. Bo Upon entry of a second or subsequent civil or criminal judgment within a two-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. 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. 3423 Alternative proceedings. Ao 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 of a 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. B. Pursuant to Section 38773.5 of the Govemment Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney's fees, provided that, pursuant to Section 38773.5, attorney's 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's fees. The City may recover its costs and attorney's 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's 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's fees as part of a -14- Acknowledgement: IN WITNESS WHEREOF, this Agreement is executed by the Ukiah Redevelopment Agency and the Greater Ukiah Chamber of Commerce, by their duly authorized representatives, on the day and year first above written. GREATER UKIAH CHAMBER OF COMMERCE UKIAH REDEVELOPMENT AGENCY Teri Ullrich, Board President Candace Horsley, Executive Director ATTEST: Shannon Riley, Redevelopment Agency Secretary -8- MINUTES OF THE UKIAH CITY COUNCIL JOINT MEETING WITH UKIAH VALLEY SANITATION DISTRICT TUESDAY, JUNE 25, 2002 5b The Ukiah City Council met at a Joint Meeting with the Ukiah Valley Sanil on June 25, 2002, the notice for which had been legally noticed and p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Roll was taken and the following Councilmembers were pres Libby, Baldwin, and Mayor Ashiku. Staff present: Public Finance Director Elton, Risk Manager/Budget Officer Harris, City City Clerk Ulvila. Ukiah Valley Sanitation District Board M~mbers Michael Delbar and Philip Baldwin. Absent by prearrang~~t; F Recording Secretary: Tammi Weselsky .... ,:~i~:ii~,ii~?~i'?~'~ ......... '::~iiii ........... ~:,~: 2. AUDIENCE COMMENTS ON NON-AGENI No one came forward to address Council. .lifornia. !S, Shoemakt 1 Al PUBLIC HEARING - CONSIDERATION AND 2002-2003 BUDGET Overview of Proposed Budget by City Mana~ Review of City/District Fu Accounts i. Sewer/Wastewater ii. City Sewer Servi( iii. Sanitation Distri iv. City Capital Im v. Sanitation District Revo vi. Sanitation District S OF FISCAL YEAR lic Utility n (pag~'~i?'i~48-249) vii. Sanitati~j.strict Capital 'ovement (pages 254-255) Uti,~?Dir~~ ii Barnes exP~i~iiiiii~at~:~:~': the budget for the Ukiah Valley Public Sanitati~iiiii~istrict reftno large ~~i''~':~' purchases other than normal part repla ..................................... at the Wa= ' Treatment~i~nt and work within the infrastructure in the ~s a of approximately $3 million for engineering fees for the Wastewater Treatment Plant. the Purchase decision ,or Ashiku with regard to how the money for the Wastewater and allocated, Finance Director Elton referred to page 248 and explained that this is where $3 million of re listed. He explained that the Revenue listing of Lease developed to hold a place for the potential financing and no made as to how this will be funded. The Ukiah Valley Sanitation has a capital improvement fund with a balance of approximately $2.1 City has a capital improvement fund with approximately $1.5 million for funding go either to the ratepayers or to connection fees. In ~n expenses have been funded on the basis other than on the of existing ratepayers for expansions. One way in which funding could be ped for the initial money is to use the capital expansion fees and determine a Joint Meeting of City Council And Ukiah Valley Sanitation District Page 1 of 3 percentage based on the proportion that the District might benefit verses the City. governing bodies would need to make that decision. Councilmernber/Director Baldwin explained that the District Board of Din not had an opportunity to discuss this matter. The Director Barnes explained that staff has solicited and received pro currently being evaluated. The evaluation should be completed n~ August and staff would provide those results to the City approval. Councilmember/Director Baldwin inquired if the City Io than fee increases, and then it turned out that reasons, such as for the lack of water, and w~ connection fees. ich are ~g of the Di~; ~for fees, rathe~~'~ ~: retarded for other basing everything on ne~,=.?~,== Discussion followed concerning the expansion to the Wastewater Treatment Plant. It ratepayers outside the City Limits compared to those Mayor Ashiku expressed concer something that would be largel'. Councilmember Larson the capacity of the Water Treatm~ the plant is old and many things near future standards. Even if the Ci still need to do ~nts for funding the ihat there are a few more City Limits. the City participatiri:~!?'i??;i~i~,i,::~:.~a.~ihird basis for ~ City limits project. :~::~:~iii'~iiiii 'ect w~i~i~::"~:~'considerably expand that's motivating it is that to meet current and any growth, the City would Director expl that this There of the that would expand the capacity of the Plant. rehabilitated. that ad( and the is antici to make an effort to establish a formula to upgrade and maintain what we haVe of expansion and how far that should go to meet whatever ~nd identify how it would be funded. evident and up, that a form iku recall~ year Director Barnes gave a presentation and it was at that hat the bulk of the cost associated with this retrofit, change, iated with anticipated future growth. He felt it very important be developed before going much further so we will know what our responsibilities are going to be. advised that the preliminary engineering estimate was about $15 portion of the project. Approximately $9 million was designated for the relief sewer, which increased it to $22 million. Joint Meeting of City Council And Ukiah Valley Sanitation District Page 2 of 3 Councilmember/Director Baldwin inquired as to the implications of adopting this budget without a payment formula. Director Elton explained included this expenditure should not interfere with,~.:=~:,,~~iDg the budget, however, Council should commit, as part of that, to being :~ determine, at a later date, how the funding would be obtained ......:::=~:~iiiiii~':il iiii?~i i? ~!~ii~ ~,~:~affer City Manag, er Horsley explained that the next District meeting w0~ k the Council s July 17, 2002 meeting. If Council would like, staff ::~i~iild agend:'l~:~i?~:,~e matter for discussion at that meeting for direction to Councilmembe~~tor Discussion followed concerning the possibility of the .:~'"~i?~lli~.ncil ~::~i:: the Distri~ holding another Joint Meeting to discuss the maEer. It:~:::~ ~:~:~he'::'::~sensus of Council to agendized the maEer on the City Council meeting ~a for julY 17, 2002 Councilmember Larson was of the opinion t.~:~"~::~::..Distric~:'~:~ld carefully consider any annexation potential in terms of determini~~~ fo[~::~?~?~okups. We may be designing a project that is too small to meet future ne~?~ project should match all the best information from the County, District, and other:~"~iCts as well, as to what the actual needs are for sewer treatment facilities. ":~ ~ ~?~: :~:: M/S Baldwin/Larson adoptin! for Fiscal Year ~~~ for the Ukiah Valley Sanitation District following .... ~?~all vote: AYES: Councilmembers ~rson, ~or ~'iku. NOES: None. ABSENT: None. ABSTAIN: N~ 4. ADJOURNMENT OF JOINT 7:30 a.m.- Publ.~~,[ing Continue 3:20 p.m.: ii~f Council ~ 26, 2002 to::,~,~inue th~ii~blic Hearing Marie Ulvila June 26, 2002 at 'ourn the meeting to 7:30 a.m. on June Year 2002-2003 Budget. Joint Meeting of City Council And Ukiah Valley Sanitation District Page 3 of 3 ITEM NO. 5c DATE: July 17, 2002 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND APPROVAL OF PERFORMANCE AGREEMENT WITH UKIAH MAIN STREET PROGRAM In 1998 the Redevelopment Agency entered into an agreement with the Ukiah Main Street Program to support its efforts in downtown promotions and economic development. This original agreement established long term and on-going projects, to be reviewed and updated on an annual basis. Staff has met with Main Street representatives for the purpose of reviewing the 2001/2002 agreement and setting new goals and objectives for the coming year. Attached for the Agency's review is Main Street's financial report, including revenues and expenditures from 1998 to 2001 and a letter submitted by Main Street detailing the past year's activities. Included in the letter is a request for a $10,000 increase in Agency funding, which would bring the Agency's total contribution to $20,000. (Continued on Page 2) RECOMMENDED ACTION:- Determine appropriate amount of funding to Ukiah Main Street Program for FY 2002~03 and approve Performance Agreement in form and authorize Executive Director to execute agreement. ALTERNATIVE AGENCY POLICY ACTION: 1. Determine agreement requires revision and approve as revised. 2. Determine approval is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Ukiah Main Street Program Ukiah Main Street Program Larry DeKnoblough, Assistant Redevelopment Director Candace Horsley, Executive Director 1. May 31, 2002 Main Street Letter 2. Financial Statements 3. 2001/02 Agreement APPROVED: ,...._ Candace Horsley, ~ec~tive Director LD/Zipl MainSt.02.Asr As indicated in its submittal, Main Street is requesting an increase in funding from the $10,000 provided since the initial contract in 1998 to $20,000 this year. Attachment #2 provides the Agency with financial reports, which illustrate the economic fluctuations Main Street has experienced since 1998. Several line items within the revenue and expense sheets (pages 3 and 4) show decreases or total loss of revenue while expenses increased. This is partially due to a shift in the events sponsored by Main Street as well as inability to raise private sponsorships, which has resulted in an annual revenue reduction of approximately $27,000 between year end 2000 and year end 2001. The Red Tail Festival, for example, provided $7,897 in revenue in 2000. That revenue was lost in 2001 as the event did not occur. On the expense side, Salary expense has increased over $10,000 and Employer Payroll Expense has also increased during the four year period by over $9,500. These factors have contributed to a decline in the organizations fund balance from a peak fund balance of $32,060.82 in 1999 declining to $9,790.45 for 2001. During this past year Main Street has fulfilled the goals and objectives of the agreement and continued to provide representation of the Redevelopment Agency with the downtown business community. In accordance with the agreement, Main Street's accomplishments for the past year include; maintaining a downtown Farmer's Market, implementing a downtown landscape improvement program by contracting with a professional landscape firm for the maintenance of the School Street planters, and initiating the community event "First Night" as a non-alcoholic family celebration of New Years Eve. These accomplishments are in addition to Main Street's on-going projects and programs such as the Downtown Newsletter, other special events and promotions, and providing ombudsmanship for downtown businesses through our business outreach team. The proposed contract continues with all these services and also includes the new programs relating to an increased role in Ukiah Country Pumpkinfest, Downtown Rental Property Brochure with map, Hometown Holiday, and participation with the City in the Ownership Pride Program. Main Street is also proposing the development of a New Business Plan Grant Program in which Main Street sponsors a business plan writing competition for start-up businesses. The successful business would win a grant of funds raised through private sponsorship and receive additional business assistance through existing support organizations such as West Company and the Economic Development and Finance Corporation. Staff believes the enhanced partnership established through previous agreements has been productive and beneficial to the Agency's revitalization efforts and is recommending approval of at least the previously funded $10,000, which was approved in the 2002~03 budget. As the increase in funding has not previously been discussed, staff is submitting Main Street's request for Agency consideration. Attached for the Agency's review is the Agreement for 2001/02. Staff is requesting that after discussion, the Agency specify an amount of funding to include in the contract, approve the agreement in form, and authorize the Executive Director to execute the document. MAIN STREET Board of Dim~ors Kath~y Fourier Kathy Fowler Chevrolet President Rs'chard Moser Rainboua Construclion Vice President Stray Starkey Savings Bank Treasurer Bridget Sholin BTS Enterprises Secretary Ed Eversole E versole Mortuary Past Preddent ]ulie Ashton Dave Hull Insurance Donna Berry Cononiah Vineyards Brian Carter Carter, Behnke, Oglesb. y & Badk Rs'chard P. Ruff Architect Shere/l Simmons Century 21 Mike Spencer KIP2VE~KX Albert Fierro City of Ukiah Roy Smith City Coundl Member ]qy Beeler Executive Director Dina Polka'nghorne Assodate Director A NON-PROFIT ORGANIZATION DEDICATED TO PROMOTING DOWNTOWN UKIAH ECONOMIC DEVELOPMENT, ORGANIZATION, BEAUTIFICATION AND EVENTS May 31, 2002 Redevelopment Agency City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Redevelopment Agency Members, Attached you will find several press rdeases, flyers, schedules and articles to update you on what the Ukiah Main Street has been doing this past year to fulfill our contract with the City of Ukiah's Redevelopment Agency. We thank you for your continued support of our program and we hope that you are proud to be an underwriter of much of our activities. In the past year we promoted our downtown by producing Tuesday Night Market, A Taste of Downtown, Hometown Holiday, and the Holiday Trolley. All of these retail promotions brought people into the downtown stores, increasing retail sales and retaining local tax dollars. The Trolley alone carried over 7000 passengers! We also produced many special events including, Comedy Alley, Country Pumpkinfest Brew Tasting, the Fabulous Flashback Car Show and our newest event, First Night Ukiah. All in all, these events not only brought thousands of people into our downtown, but also they improved the quality of life for Ukiah residents and showcased our town to potential corporations as a viable place to live, work, and play. Potential new business owners who are considering relocating to Ukiah not only look at the location of a new business, but they focus on the quality of life that Ukiah can provide themselves and their employees, which is just one of the reasons why we focus on exciting events like these. In order to improve the overall look of our downtown we have continued lighting the trees on School Street and coordinated a downtown cleanup day in the spring that included washing and scraping gum off sidewalks and knocking down cobwebs. In addition, we contracted to have the downtown planter triangles weeded and cleaned on a weekly basis, worked with the Design Review Board acting as a resource for property owners, and held regular window- decorating contests. All of this beautifies the downtown core creating an attractive image for all to enjoy. 200 S. School St. Ukiah CA 95482 * (7073 4-63-6729 * (7073 462-2088 fax * mamst(&,vacific.net * www.ukiahmainstreer, or~ In addition to all of the above the Ukiah Main Street Program published a quarterly newsletter keeping the downtown merchants abreast of issues between local businesses and governmental agencies. We also created a Downtown Directory Brochure and Map a valuable promotional tool used by both the City of Ukiah and the Greater Ukiah Chamber of Commerce. It has indeed been a busy year for the Ukiah Main Street Program, but we would like to do even more. Attached you will find a cost center/proposal for your approval, line listing new programs we wish to implement, but impossible to produce without a $10,000 increase in our contract. I would welcome the opportunity to discuss these new programs with you and the chance to explain why the Main Street Program thinks they are valuable to the redevelopment of the downtown community. Along with these additional items providing a basis for contractual increases, I would like to point out that our contract has not had an increase in five years, however the cost to produce many of our events, cost of living increases in salaries, operational expenses (including our rental fees) have all climbed. In dosing, I would like to again express my sincere gratitude to the Ukiah Redevelopment Agency for your continued partnership and cooperation this past year. Please feel free to contact me with any questions or concerns. ,l~y l~eeler Executive Director Ukiah Main Street Program CC: Candace Horsley, City Manager Kathy Fowler, President Ukiah Main Street Program Larry DeKnoblough, Community Services Director Revised July, 10m 2002 Performance Agreement Ukiah Redevelopment Agency & Ukiah Main Street Program Financial Report- Cost Centers (Estimate) May 31 st, 2002 Downtown Business Recruitment & Retention $3,500 Annual Volunteer, Sponsor & Business Awards (new item in proposed contract) Downtown Rental Property Brochure (new item in proposed contracO Directory Brochure & Map (already contracted but proposed with significant improvements leading to increased production costs) Newsletter (already contracted) New Business Plan Grant Program (new item m proposed contract) Downtown Promotions & Improvements $12,500 Comedy Alley (already contracted) First Night® Ukiah (already contracted) Holiday Trolley (already contracted) Hometown Holiday (new item in proposed contract) Taste of Downtown (already contracted) Tree Lights (already contracted) Tree Grate Plaque Program (already contracted) Business and Property Ownership Pride Program $4,000 Downtown Cleanup (already contracted) Landscaping (already contracted) Ownership Pride Program (new item in proposed contracO Total $20,000 Ukiah Main Street Program Budget vs Actual 2001 Income Budget 2001 AB 1693 Annual Dinner Bank Interest Car Show Chili Cook-off Cinco De Mayo $ 19,500.00 $ 1,000.00 $ 5OO.OO $ 1,300.00 $ - $ 2,300.00 Cinco De Mayo Sponsorship City of Ukiah Concert in the Park First Night Hometown Holiday Main Street Comedy -Mai~Street Comedy Sponsorship ---'~embership New Year's Eve New Year's Eve Sponsorship Other Income Red Tail Festival Seminar Sponsorship T-Shirt Sales Taste of Downtown Taste of Downtown Sponsorship Thursday Night Market Tree Lighting Sponsor Tree Lighting In-Kind Trolley Sponsorship Volunteer Income $ 6,000.00 $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 1,800.00 $ 29,000.00 $ 4,000.00 $ 1,000.00 $ - $ - $ 200.00 $ - $ 750.00 $ 500.00 $ 9,750.00 $ 5,750.00 $ 6,000.00 $ - $ - $ 8,000.00 $ - Total Income $ 142,350.00 Actual 2001 $ 19,023.89 $ 1,038.00 $ 457.54 $ 1,413.50 $ - $ 2,541.59 $ 2,700.00 $ 10,000.00 $ 6,993.20 $ 16,260.90 $ 181.00 $ 35~103.60 $ 5,000.00 $ 525.00 $ - $ - $ 111.09 $ - $ - $ 235.92 $ 9,687.50 $ 2,000.00 $ 60.00 $ - $ - $ - $ 60.00 $ 113,392.73 $ (476.11) $ 38.00 $ (42.46) $ 113.50 $ - $ 241.59 $ (3,300.00) $ $ (3,006.80) $ (8,739.10) $ (1,619.00) $ 6,103.60 $ 1~000.00 $ (475.00) $ - $ - $ (88.91) $ - $ (750.00) $ (264.08) $ (62.50) $ (3,750.00) $ (5,940.00) $ - $ - $ (8,000.00) $ 60.00 $ (28,957.27) Ukiah Main Street Program Budget vs Actual 2001 Expense Budget 2001 Actual 2001 Advertising $ 3,000.00 $ 1,127.39 Annual Dinner Expense $ 1,600.00 $ 1,990.06 Bank Charges $ 30.00 $ - Car Show Expense $ 700.00 $ 640.41 Cash $ _ $ _ Chili Cook-off $ _ $ _ Cinco De Mayo $ 5,000.00 $ 2,616.97 Civic Pride $ 250.00 $ - Computer Expense $ 500.00 $ 284.12 Concert in the Park Expense $ 1,750.00 $ 760.98 Copies $ 950.00 $ 1,365.80 Dining $ 75.00 $ 101.00 Dues $ 75.00 $ 390.00 Education $ - $ 324.08 Employer Payroll Expense $ 9,500.00 $ 15,394.50 First Night $ 20,500.00 $ 11,494.79 Gifts $ 500.00 $ 272.22 Hometown Holiday $ 1,800.00 $ 299.24 Insurance $ 3,400.00 $ 3,339.99 Landscaping $ 2,040.00 $ 1,801.00 Main Street Comedy Club $ 19,750.00 $ 25,495.73 Mileage $ 100.00 $ 63.41 Miscellaneous Expense $ 650.00 $ 947.88 New Year's Eve $ _ $ _ Newsletter $ 100.00 $ 257.62 Office Supplies $ 2,500.00 $ 2,533.76 Part-Time Employee $ 10,000.00 $ - Postage $ 2,500.00 $ 677.87 Pumpkinfest $ - $ 304.57 Red Tail Festival Expense $ _ $ _ Rent $ 3,408.36 $ 3,436.30 Salary $ 30,000.00 $ 34,814.79 Sales Tax $ 1,700.00 $ 1,007.63 Seminar Expense $ 2,000.00 $ 1,035.00 Subscriptions $ 425.00 $ 451.00 T-Shin Expense $ _ $ _ Taste of Downtown Expense $ 4,100.00 $ 3,823.58 Taxes - County Personal Property $ 955.00 $ 117.24 Telephone/Utilities $ 2,000.00 $ 2,134.88 Thursday Night Market $ 2,000.00 $ 298.80 Tree Lighting Expense $ 1,000.00 $ 20.93 Trolley Expense $ 7,000.00 $ - Volunteer Expense $ 150.00 $ - Total Expense $ 142,008.36 $ 119,623.54 Net Income $ 341.64 $ (6,230.81) (1,872.61) 390.06 (30.00) (59.59) - - (2,383.03) (250.00) (215.88) (989.02) 415.80 26.00 315.00 324.08 5,894.50 (9,005.21) (227.78) (1,500.76) (60.01) (239.00) 5,745.73 (36.59) 297.88 - 157.62 33.76 (lO,OOO.OO) (1,822.13) - 27.94 4,814.79 (692.37) (965.00) 26.00 - (276.42) (837.76) 134.88 (1,701.20) (979.07) (7,000.00) (15o.oo) (22,384.82) $ (6,572.45) Income AB 1693 $ Annual Dinner $ Bank Interest $ Car Show $ Chili Cook-Off $ Cinco De Mayo $ Cinco De Mayo Sponsorship $ City of Ukiah $ Concert in the Park $ Downtown Business Directory $ First Night $ Hometown Holiday $ Main Street Comedy $ Main Street Comedy Sponsorship $ Membership $ New Year's Eve $ New Year's Eve Sponsorship $ Other Income $ Planter Boxes $ Red Tail Festival $ Seminar Grant $ T-Shirt Sales $ Taste of Downtown $ Taste of Downtown Sponsorship $ Thursday Night Market $ Tree Lighting Sponsorship $ Trolley Sponsorship $ Volunteer Income $ Total Income $ Ukiah Main Street Program Year End 98 Year End 99 16,500.44 $ 14,747.93 1,099.00 $ 853.00 275.45 $ 254.25 1,146.04 $ 1,396.95 - $ - 5,266.50 $ 3,445.35 3,750.00 $ 4,350.00 10,000.00 $ 10,000.00 5,681.88 $ 8,718.08 - $ 1,400.00 - $ - - $ - 16,707.75 $ 23,576.05 3,000.00 $ 4,129.60 1,050.00 $ 850.00 12,994.90 $ 11,899.80 2,950.00 $ 10,950.00 274.23 $ 307.10 30O.00 $ - - $ - $ 500.00 - $ - 4,813.00 $ 10,011.00 1,362.84 $ 4,022.43 - $ 3,409.75 420.00 $ 7,895.00 8,925.00 $ 725.00 - $ - 96,517.03 $ 123,441.29 Year End 00 $ 19,738.18 $ 1,074.00 $ 864.40 $ 1,305.00 $ 167.00 $ 2,363.00 $ 6,400.00 $ 10,000.00 $ 11,255.00 $ - $ - $ 1,553.62 $ 32,444.92 $ 4,998.00 $ 800.00 $ 6,488.41 $ 6,900.00 $ 189.00 $ - $ 7,897.00 $ 905.00 $ 75.00 $ 9,816.00 $ 5,750.00 $ 6,028.56 $ 1,110.00 $ 2,467.53 $ 199.00 $ 140,788.62 Year End 01 19,023.89 1,038.00 457.54 1,413.50 - 2,541.59 2,700.00 10,000.00 6,993.20 - 16,260.90 181.00 35,103.60 5,000.00 525.00 - - 111.09 - - - 235.92 9,687.50 2,000.00 60.00 - - 60.00 113,392.73 Prepared by Stacy Starkey 1/31/2002 Ukiah Main Street Program Expense Advertising Annual Dinner Expense Car Show Expense Chili Cook-off Cinco de Mayo Civic Pride Computer Expense Concert in the Park Expense Copies Dining Dues/Subscriptions Education Employer Payroll Expense First Night Gifts Hometown. Holiday Insurance Landscaping/Planter Boxes Main Street Comedy Club Mileage Miscellaneous Expense New Year's Eve Newsletter Office Supplies Pacific Bell Part-Time Employee Postage PT Payroll Expense Pumpkinfest Red Tail Festival Rent Salary Sales Tax Seminar Expense T-Shirt Expense Taste of Downtown Expense Taxes Thursday Night Market Tree Lighting Trolley Expense Volunteer Expense Total Expense Net Income Year End 98 Year End 99 $ - $ $ 1,223.90$ 976.55 $ 640.00$ 714.33 $ - $ - $ 4,735.16 $ 4,821.10 $ - $ - $ 426.42$ 119.00 $ 646.43$ 1,081.70 $ 676.01$ 820.47 $ - $ - $ 373.50 $ 780.09 $ - $ - $ 4,905.14 $ 7,158.57 $ - $ - $ $ $ $ $ 732.00$ 738.00 $ 196.97 $ 27.19 $ 13,755.38 $ 20,121.52 $ $ $ 156.45 $ 463.14 $ 12,051.20 $ 16,574.19 $ - $ 110.00 $ 1,004.30$ 1,571.32 $ 531.07$ 729.05 $ 4,249.23 $ 6,323.88 $ 1,481.85$ 1,610.64 $ 320.73 $ - $ - $ - $ - $ - $ 1,591.26$ 3,248.82 $ 24,462.83 $ 29,985.04 $ 959.00 $ - $ 1,094.78$ 2,384.20 $ - $ - $ 2,018.55 $ 3,196.87 $ 117.99 $ 108.36 $ - $ 1,409.35 $ 600.43$ 906.27 $ 7,110.72 $ 725.00 $ 47.08 $ 250.18 $ 86,108.38 $ 106,954.83 $ Year End 00 $ 1,9O5.45 $ 1,670.90 $ 694.47 $ 455.51 $ 5,884.81 $ 26.80 $ - $ 3,493.51 $ 925.28 $ 64.90 $ 472.75 $ 139.85 $ 11,599.64 $ 1,166.72 $ 619.56 $ 2,931.81 $ 3,321.15 $ 1,229.83 $ 24,301.60 $ 140.12 $ 519.27 $ 13,654.74 $ 209.17 $ 2,609.82 $ 1,728.18 $ 8,939.75 $ 1,956.15 $ - $ - $ 619.63 $ 3,085.41 $ 31,573.25 $ - $ 3,379.84 $ 1,840.76 $ 4,038.70 $ 954.70 $ 2,004.10 $ 3,886.03 $ 1,025.00 $ 154.66 $ 10,408.65 $ 16,486.46 $ Prepared by Stacy Starkey 1/31/2002 143,223.82 (2,435.20) Year End 01 $ 1,127.39 $ 1,990.06 $ 640.41 $ - $ 2,616.97 $ - $ 284.12 $ 760.98 $ 1,365.80 $ 101.00 $ 841.00 $ 324.08 $ 15,394.50 $ 11,494.79 $ 272.22 $ 299.24 $ 3,339.99 $ 1,801.00 $ 25,495.73 $ 63.41 $ 947.88 $ $ 257.62 $ 2,533.76 $ 2,134.88 $ - $ 677.87 $ - $ 304.57 $ - $ 3,436.30 $ 34,814.79 $ 1,007.63 $ 1,035.00 $ $ 3,823.58 $ 117.24 $ 298.80 $ 20.93 $ - $ - $ 119,623.54 $ (6,230.81) Ukiah Main Street Program Concert in the Park Income Concert in the Park Expense Net Income Cinco De Mayo Income Cinco De Mayo Expense Net Income Main Street Comedy Income Main Street Comedy Expense Net Income Taste of Downtown Income Taste of Downtown Expense Net Income New Year's Eve Income New Year's Eve Expense Net Income Thursday Night Market Income Thursday Night Market Expense Net Income CD Balance Checking Savings Year End 98 Year End 99 Year End 00 Year End 01 $ 5,681.88 $ 8,718.08 $ 11,255.00 $ 6,993.20 $ 646.43$ 1,081.70$ 3,493.51 $ 760.98 $ 5,035.45 $ 7,636.38 $ 7,761.49 $ 6,232.22 $ 9,016.50 $ 7,795.35 $ 8,763.00 $ 5,241.59 $ 4,735.16 $ 4,821.10 $ 5,884.81 $ 2,616.97 $ 4,281.34 $ 2,974.25 $ 2,878.19 $ 2,624.62 $ 19,707.75 $ 27,705.65 $ 37,442.92 $ 40,103.60 $ 13,755.38 $ 20,121.52 $ 24,301.60 $ 25,495.73 $ 5,952.37$ 7,584.13$ 13,141.32 $ 14,607.87 $ 6,175.84 $ 14,033.43 $ 15,566.00 $ 11,687.50 $ 2,018.55 $ 3,196.87 $ 4,038.70 $ 3,823.58 $ 4,157.29$ 10,836.56 $ 11,527.30 $ 7,863.92 $ 15,944.90 $ 22,849.80 $ 13,388.41 $ $ 12,051.20 $ 16,574.19 $ 13,654.74 $ $ 3,893.70 $ 6,275.61 $ (266.33) $ $ - $ 3,409.75 $ 6,028.56 $ 60.00 $ - $ 1,409.35 $ 2,004.10 $ 298.80 $ - $ 2,000.40 $ 4,024.46 $ (238.80) $ - $ 7,587.32 $ 22,930.07 $ - $ 21,201.30 $ 6,434.13$ 3,682.59$ 9,760.31 $ - $ 18,039.37 $ 49.10 $ 30.14 Total $ 21,201.30 $ 32,060.82 $ 26,661.76 $ 9,790.45 Prepared by Stacy Starkey 1/31/2002 PERFORMANCE AGREEMENT between the UKIAH REDEVELOPMENT AGENCY and UKIAH MAIN STREET PROGRAM This Agreement is made this 1st day of July, 2001, by and between the Ukiah Redevelopment Agency, a redevelopment agency for the City of Ukiah, herein called"Agenc,y," and the Ukiah Main Street Program, Inc., a California non-profit, public benefit corporation, herein called "Main Street." RECITALS 1. The Agency is interested in maintaining a supportive role with the organizations that assist the Agency in the planning and management of downtown revitalization. 2. The Agency has determined that the California Main Street Program, based on the national Main Street model, provides activities which help to promote and revitalize downtown Ukiah. The four elements contributing to the economic development and revitalization of downtown, each of which receives careful and balanced attention are: organization; promotion; design; and economic restructuring. 3. Main Street is duly organized to promote and undertake downtown revitalization activities. 4. The Agency has designated Main Street to undertake revitalization activities. 5. The Agency desires to plan and manage the Main Street Program and downtown revitalization as a public/private partnership. NOW, THEREFORE, in consideration of the above-recited facts and agreement contained herein, it is agreed as follows: A. TERM This Agreement shall be effective from July 1, 2001, and shall terminate on June 30, 2002. B. WORK TO BE PERFORMED The following work shall be performed by Main Street under the terms and duration of this Agreement: 1. Downtown Business Recruitment & Retention a. Main Street shall maintain and distribute to all interested parties an inventory of all vacant and available properties within the Business Improvement District (AB 1693 area; "District"). Main Street staff shall maintain the property information database to include location, size, zoning, and property or building amenities. All property owners and merchants within the District, local commercial leasing agencies, the Greater Ukiah Chamber of Commerce, and the Agency shall be provided a copy of the inventory each quarter of every year. The inventory shall be available in the Main Street office and shall be provided to all parties contacting Main Street for information related to business location within the District. b. Main Street shall complete and publish a downtown promotional packet of materials such as brochures, flyers, and reports for distribution to new and prospective businesses. Agency staff shall assist Main Street with the composition and publication of materials. c. Main Street and the Agency shall continue to improve small business outreach efforts through the team comprised of representatives from the Agency of Ukiah, Main Street, and other business service organizations such as the Chamber of Commerce and/or Downtown Merchants Association. The purpose of this group shall be to assist and guide new businesses who request information relating to available business assistance services and information relating to the building and development process. 2. Downtown Newsletter Main Street shall continue to produce a quarterly newsletter which shall be distributed to all businesses within the Business Improvement District. The newsletter shall provide informational updates regarding, but not limited to, such issues as downtown parking, new businesses in the District, recent and pending events, business educational opportunities, and general business assistance information. The Agency shall assist Main Street with the composition of the newsletter. 3. Downtown Promotions and Improvement~ a. Main Street shall continue current downtown promotions through community events such as the holiday trolley, Pumpkinfest, Taste of Downtown, Tuesday Night Market, and the development of a First Night Program. The Agency shall assist Main Street in the utilization of volunteers to complete these projects and will purchase a portion of the lights necessary for the seasonal tree lighting of School Street. Main Street shall initiate discussions with representatives from the Latino Coalition, Nuestra Casa, and other key representatives of the Hispanic Community in an effort to increase promotion of Cinco de Mayo as primary community event in the Downtown. b. Main Street also shall conduct meetings with the Agency in advance of any event, project, or program involving both the Agency and Main Street to define respective levels of participation, accountability, and recognition. c. Main Street and the Redevelopment Agency shall initiate a downtown tree grate program in which Main Street shall coordinate the fundraising and the agency shall prepare the tree wells for installation. This project shall be phased on a year-by-year basis to eventually include the entire District. The first phase shall include the School Street trees which have been incorporated into the Tree Lighting Program. 4. Business and Property Ownership Pride Program a. Main Street and the Agency shall jointly continue to implement the program encouraging business and property owners to initiate and adopt a cleanup and maintenance program of the storefronts, walkways, trash and recycling facilities, and street planters within the District. Pursuant to this section, the .Agency and Main Street shall develop a committee to periodically survey and evaluate properties and businesses based upon care, maintenance and beautification efforts. The committee shall then develop correspondence for distribution to businesses, on an as needed basis, for the purpose of promoting "ownership pride" in business and properties. The purpose of this program is to assist owners through the offering of constructive suggestions regarding cleanup and general beautification of the property as well as information as to what type and where assistance may be available for their beautification effort. b. Main Street shall also endeavor to assist the Agency of Ukiah in its efforts to upgrade the condition of the Palace Hotel exterior. C. RECORDS, REPORTS AND ACCOUNTABILITY Main Street agrees to submit a semi-annual progress report to the Agency's Executive Director which shall detail accomplishments relative to the items cited in "A," above. Said report shall be submitted by November 30, 2001 and May 30, 2002. Main Street shall maintain a bookkeeping system and books of account in accordance with generally accepted accounting principles consistently applied, which segregate the accounting and utilization of Agency contributions from other sources of Main Street revenue. Agency shall have access to said books of account during regular business hours for purposes of inspection and audit. Main Street shall fully cooperate with the Agency and its agents and accountants during any such inspection and audit, including, but not limited to, making its employees, accountants, bookkeepers, or officials available to provide any requested information or documents. A copy of financial records shall be provided to the Agency by May 30, 2002. Furthermore, the Agency and Main Street shall meet prior to the termination of this Agreement, and determine the extent to which the agreed upon tasks in Section A (above) have been completed, accomplished, or maintained in order to assess the degree to which the Agency's financial contribution has been satisfied. The results of this annual review shall be critical to the continued financial support extended to Main Street by the Agency, and/or the level of support deemed appropriate. Any and all future Agreements between Main Street and the Agency shall not only be predicated on Main Street's on-going ability to accomplish the prescribed tasks contained in the "Work to be Performed" section above, but also shall be dependent on the Agency's ability to garner available funds from its budget to support Main Street. Unforeseen budget shortfalls or financial constraints affecting the Agency may cause its support of Main Street to diminish or cease, depending upon the sevedty of the budget shortfall and/or financial constraint. D. FINANCIAL CONTRIBUTION BY AGENCY In consideration of Main Street's valuable contribution to the economic development and revitalization of the downtown core, and under the terms of this Agreement, the Agency shall contribute to Main Street the sum of ten thousand dollars and no cents ($10,000.00) in order for Main Street to accomplish the specific scope of work identified in Section A above. This sum of money shall constitute the entirety of Agency's financial contribution to Main Street during the effective dates of this Agreement (July 1, 2001 to June 30, 2002), and all pre-existing forms of contribution, be they implied or stated, monetary or in-kind services, shall cease and no longer be maintained, including the free use of office space and office equipment at the Ukiah Valley Conference Center. Accordingly, Main Street's continued occupancy of office space at the Ukiah Valley Conference Center will be subject to perfection and execution of a lease agreement which provides for monthly payments to the Ukiah Valley Conference Center for use and occupancy of Conference Center office space. E. FUTURE FINANCIAL CONTRIBUTIONS BY AGENCY Beyond the terms of this Agreement, and in consideration of future agreements, the Agency considers it Main Street's goal and responsibility to generate its own revenue, and eventually achieve relative self sufficiency. Towards this end, the Agency generally intends to base foreseeable future contributions to Main Street on a percentage of the revenue generated by Main Street, and specifically anticipates that such a contribution will consist of ten percent (10%) of the revenue generated by Main Street. Such a contribution scheme nevertheless will be based on the Agency's future ability to afford making the contributions, and on Main Street's continued ability to achieve the work items associated with past agreements. Moreover, at such time in the future as Main Street is able to balance its budget by generating enough independent revenue to cover its expenses, the Agency may discontinue making contributions to Main Street. F. INSURANCE AND INDEMNIFICATION Dudng the term of this Agreement, Main Street agrees to indemnify and hold harmless the Agency, its officers, agents, and employees from and against any and all claims, losses, defense costs, or liability of any kind or nature which the Agency, its officers, agents, and employees may sustain orincur orwhich may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with Main Street's performance under the terms of this Agreement, excepting only liability adsing out of the sole and active negligence of the Agency. Without limiting Main Street's indemnification, it is agreed that Main Street shall maintain in force at all times dudng the performance of this Agreement, the following policy or policies of insurance approved by the Agency and issued by admitted California insurers approved by the Agency covering its operations: 1. Comprehensive General Liability, including contractual liability, products, and completed operations and business automotive liability, all of which shall include coverage for both bodily injury and property damage with a combined single limit of one million dollars ($1,000,000). 2. Worker's Compensation coverage at statutory limits. 3. The certificates of insurance and endorsements shall be completed to the satisfaction of the Agency. Failure to comply with this paragraph shall furnish the Agency with the right to immediately terminate this Agreement without further notice to Main Street. G. RELATIONSHIP BETWEEN MAIN STREET AND AGENCY Nothing in this Agreement shall be construed as making Main Street or any of its employees or representatives the agent or employee of the Agency for any purpose, or creating between the Agency and Main Street the relationship of legal partners or joint ventures. H. TERMINATION FOR NON-PERFORMANCE Except as provided in paragraph D, if any party to this Agreement breaches any provision thereof, then the other party may give the defaulting party a notice to remedy such violation within thirty (30) days. The other party may terminate the Agreement, if such violation is not remedied within said 30 days or, if the breach cannot be remedied within such time period the defaulting has not commenced efforts to cure the breach or fails to diligently complete steps necessary to cure the breach. A waiver by either party of performance of any provision of this Agreement shall not amount to a future waiver of the strict performance of such provisions or of any other provision of this Agreement. I. NON-PERFORMANCE DUE TO CONDITION BEYOND CONTROL OF PARTIES If either party is unable to perform its obligations under this Agreement due to conditions beyond its reasonable control, such as, but not limited to, changes in local, state, or federal laws or regulations adsing form legislative changes, judicial interpretations of existing law, vote by the citizens of Ukiah, or administrative action, and not due to the fault or neglect of any party, such failure to perform shall not be deemed a violation of this Agreement provided the party whose performance is so prevented performs its obligation as soon as practicable after the occurrence of the event preventing performance under this Agreement. Such party shall use reasonable diligence to put itself again in a position to carry out its obligations hereunder, and in the event such party does not or cannot within a reasonable time put itself again in a position to do so, the other party may, at its option, terminate this Agreement. J. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver or modification of the Agreement or of any covenant, condition, or limitations herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in a proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed. The provisions of this paragraph may not be waived, except as herein set forth. K. SEVERABILITY Should any term or provision of this Agreement become null and void or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. L. NOTICE Whenever notice is permitted or required by this Agreement, it shall be deemed given when deposited in the U.S. Mail with proper first class postage affixed thereto and addressed or personally delivered to: Ukiah Redevelopment Agency Attention: Executive Director 300 Seminary Ave. Ukiah, CA 95482 Ukiah Main Street Program Attention: Executive Director 200 South School Street Ukiah, CA 95482 M. DUPLICATE ORIGINALS This Agreement may be executed in one or more duplicate originals each bearing the odginal signatures of the parties. When so executed, each such duplicate original shall be admissible to establish the existence and terms of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by the Ukiah Redevelopment Agency and the Ukiah Main Street Program on the day and year first above written. Edward Eversole, Board Chairperson Karen Yoast, Re~j~veloprn-ent Agency Secretary UKIAH RE DEVELO PM E N,.T--~E NCY Candace Horsley, Executive Dire~or LD/Zip/Agr MainSt01 .Agr ITEM NO.: 7a DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JUNE 2002 Payments made during the month of June, 2002, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 33950-40048, 40147-40265, 40268-40364, 40499-40621 Accounts Payable Manual check numbers: none Payroll check numbers: 40049-40146, 40266-40267, 40365-40498 Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of June, 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: c..~_ ~r~~... Candace City~anager Horsley, KRS:W ORD/AGENDAAJUN02 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JUNE 2002 Demand Payments approved: Check No. 33950-40048, 40147-40265, 40268-40364, 40499-40621 FUNDS: 100 General Fund $133,731.22 131 Equipment Reserve Fund $1,958.98 142 National Science Foundation $5,560.00 143 NE.H.1. Museum Grant 150 Civic Center Fund 200 Asset Seizure Fund $200.66 203 H&S Education 11490(B)(2)(A)(I) 204 Federal Asset Seizure Grants 205 Sup Law Enforce Srv. Fd (SLESF) $721.24 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $2,528.01 230 Parking Dist. #1 Revenue Fund $362.00 250 Special Revenue Fund $11,875.54 290 Bridge Fund $12,074.00 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant $6,150.00 333 Comm. Development Block Grant $2,717.56 334 EDBG 94-333 Revolving Loan $13,702.00 340 SB325 Reimbursement Fund $10,962.13 341 S.T.P. $1,000.00 342 Trans-Tranffic Congest Relief $88,711.70 410 Conference Center Fund $5,984.64 550 Lake Mendocino Bond $1,795,008.00 575 Garage $1,319.24 600 Airport $38,686.39 612 City/District Sewer $22,176.62 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 670 U.S.W. Bill & Collect 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendo Emerg Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 40049-40146 DIRECT DEPOSIT NUMBERS 13611-13735 PAYROLL PERIOD 5/26/02-6/8/02 PAYROLL CHECK NUMBERS 40266-40267, 40365-40498 DIRECT DEPOSIT NUMBERS 13736-13857 PAYROLL PERIOD 6/9/02-6/22/02 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $21,160.51 $7,135.87 $2,727.50 $679.O6 $24,383.24 $1,124.66 $14,889.26 $12,493.20 $733.13 $4,667.81 $7,199.20 $31,933.43 $800,091.19 $12,242.93 $310.63 $76,03O.O8 $14,652.25 $61,264.97 $1,090.00 $68,321.08 $722.18 $47.16 $391,861.13 $43,662.40 $3,756,519.46 $67,428.98 $159,348.87 $302,292.31 $4,285,589.62 VOID CHECK NUMBERS: none CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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L~ .. ~o ~oo~ 88°8o ~0~ 0 0 U'~ cn -ELS- ~0 oO ~0 ~0 ~ 0 HHHHHHHH ~ ~ 00000000 ~Z L~ 0 © r.a 0 H Z © o~ toO o E~ o · . ~ .. 0~000~ 0~000~ ....... 0000000 0000000 0000000 ~H~ O~HH 0~ 0~ 0 0 8°°8888oo o ~D o ~ >0 L"rj ~ Z ~ U r~ 0 H Z 0 ~0 c~ D~ c} .. [~ .. 0 0 0 ~ i-~ U · 0 -8§- U ~q ©, 0 ~ c~ I 0 I o'1 ~-~ -...4 o U c~ · L-q U , · o n -65- 0~0~0~ ~ ~O~O~OU 0 ...... ~ 88°88°~o "- U oo 0~ oo°°8 o°88 o~~-~ 0 °888888 z ~000000 Z~Z~ZZ~ OHOHOH O~O~O~ ~O~O~O ~°~8~°o o ~ ~D 0-1 ua o~ o~ 00 g° i~ <2> 88°°88oo H ~'0 -g§- ~ 0 H Z © © oo o 0 · ~ o ~ o ~ ITEM NO. 7b DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF EMERGENCY TRAFFIC SIGNAL REPAIR SERVICES FROM REPUBLIC ELECTRIC IN THE AMOUNT OF $5,136 SUMMARY: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing more than $5,000 but less than $10,000. The Public Works Department contacted Republic Electric to obtain a quote for emergency repairs of a traffic signal pole located on the southwest corner of the intersection of South State Street and Washington Avenue that was knocked down in a traffic accident. Republic Electric submitted a quote in the amount of $5,136 to install a new traffic signal pole. City Manager Candace Horsley authorized this emergency work. The City will seek reimbursement from the responsible party, which knocked over the traffic signal pole. RECOMMENDED ACTION: Receive and file report of the acquisition of emergency traffic signal repair services from Republic Electric in the amount of $5,136. Report is submitted pursuant to City Code. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engin.eer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Fiscal Year 2001/2002 budget sheet APPROVED:(-~~,.. Candace Horsley, Ci~/~lanager AG-EmergTrafficSig2.SUM I- Z 0 (.3 0 I-- Z LLI ITEM NO. 7 c DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF CHLORINE TABLETS FOR THE UKIAH MUNICIPAL SWIMMING POOLS FROM LINCOLN EQUIPMENT IN THE AMOUNT OF $6,915.48 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of chlorine tablets for the Municipal Swimming Pools from Lincoln Equipment Inc., in the amount of $6,915.48. Requests For Quotation (RFQ) sheets were sent out to all qualified bidders who carry the specialized dry chlorine briquettes utilized by the pool's chlorination system. Bids were returned by Lincoln Equipment and Chem Quip with Lincoln being the Iow bidder. Attached for Council's review is the bid summary. This item is budgeted in the 100.6130.690.001 account. RECOMMENDED ACTION: Receive report regarding purchase of chlorine tablets from Lincoln Equipment in the amount of $6,915.48 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager, Larry W. DeKnoblough, Community Services Director and Nora Kennedy, Purchasing Supervisor Attachments: 1. Bid Summary APPROVED~~:~, ~l~..~,..,~.~.~~... Can-dace Horsley~ City ~anager Ukiah Municipal Swimming Pools Chlorine Tablets Bid Summary July 8, 2002 1. Chem Quip Inc. $7,581.29 2. Lincoln Equipment Inc. $6,915.48 ITEM NO. 7d DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISPOSITION OF SURPLUSED USED EQUIPMENT Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 18, 1996, a list of equipment determined to be obsolete (no longer used) by the Landfill and their disposition has been prepared (attachment #3). Sale of the equipment is in accordance to City Code Section 1533 and the Surplus Procedure Statement that includes solicitation of specialty items in surplus. Gruyot Heavy Equipment Appraisal Service appraised the four items of Caterpillar Heavy Equipment, and solicitations were mailed to 135 contractors, city and county landfills, building exchanges, and companies that purchase equipment for resale. Notice of Sale was published in our local newspaper and posted on the City website. At closing of bids, three were received; two no bids and one to purchase the 627 F Scraper for a net amount of $330,000. The equipment was valued at $325,000 in May, 2001. The other caterpillar heavy equipment that did not sell will be advertised in "heavy equipment for sale magazines", out of the area newspapers and on our website. RECOMMENDED ACTION: Receive and file report regarding the disposition of surplused used equipment. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Gordon Elton, Director of Finance Prepared by: Nora Kennedy, Purchasing Supervisor Coordinated with: Candace Horsley, City Manager Attachments: 1. Procedure for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement 2. City Code Section 1533 3. Surplus disposition list APPROVED' ~~% Candace Ho;sley, ~ity Ma'~a ager C:WIy Documents\Agenda-Surplus-Special Equipment.doc PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES 9/18/96 In order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established' . On a quarterly basis (July 1, October 1, January 1, April 1), each City Department Head completes and submits a prescribed form listing all materials and equipment found to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and Purchasing/Warehouse Supervisor. . Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. . Copies of the items listed as surplus are distributed by the Director of Finance to all Department Heads for possible recycling. . Purchasing Officer shall have the authority to dispose of surplus and file a report with the City Council setting forth a description of sale by the close of the agenda for the next regularly scheduled meeting. . The Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. ao Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. bo Purchasing Department will coordinate public auctions with the County of Mendocino, joining with them for sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. Co Purchasing Department will coordinate the moving of surplus items to the auction site during the week immediately preceding the auction. d. Following the auction, the auctioneer will provide a list of items sold, the selling prices, and the funds received to the Purchasing Department. e. Specialty items as approved by the Purchasing Officer or extremely large items which cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. . If after completing steps 1-5 above, any item is not sold or recycled, and it is not reasonable to assume that the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. C:'aMy Documents\WPDOCS\PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE-96.doc §1530 {}1534 1, Recorded Explanation: The head of such department shall send to the Purchasing Officer a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency, The report shall be filed with the Council. as provided in subsection A1 above, · 2, Emergency Procedure: The Purchasing Officer shall prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. (Ord. 667, {}2, adopted 1975) §1531' COOPERATIVE PURCHASING: The Purchasing Officer shall have the authority to join with other units of government in cooperative purchasing plans when the best interests 'of the City would be served thereby. (Ord. .667, {}2, adopted 1975) §1532: INSPECTION AND TESTING: The Purchasing Officer shall Inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 667, {}2,. adopted 1975) ~> §1533: SURPLUS SUPPLIES AND EQUIPMENT: All departments sh'all submit to the Purchasing Officer, at such times and in such forms as he shall prescribe, reports showing ~!1 supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to exchange for or trade in on new Supplies and equipment all supplies and equipment which cannot be used by any agency or which have become'unsuitable for City use. The Purchasing Officer shall have the authority to dispose of surplus 'property by solicitation of bids or by public auction. (Ord. 667, {}2, adopted 1975) ,{1534: SEVERABILITY: If any section, subsection, 'subdivision, sentence, clause or phrase of this ordinance is for any reason held tO be unconstitutional or otherwise Invalid, such Invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. (Ord. 667, §2, adopted 1975) ~ 1064 ITEM NO. DATE: AGENDA SUMMARY REPORT JULY 17, 2002 SUBJECT: ACCEPT WORK AS COMPLETE FOR AIRPORT PARK BLVD. REMEDIATION, PHASE 1 PROJECT, SPECIFICATION NO 02-02, AND AUTHORIZE FILING OF NOTICE OF COMPLETION WITH COUNTY RECORDER SUMMARY: The Work of the Contract for the construction of Airport Park Blvd Remediation, Phase 1 Project, Specification No. 02-02 (Project), was completed on June 27, 2002 by Paulson Excavating, Inc. (Contractor) in substantial compliance with the Contract Documents and executed change orders. The authorized 2001-2002 budget amount for the project was $140,000 in accounts 342.9502.800.000 and 699.3110.800.019. The final contract amount is $129,379.59. Progress Payment No. 1 in the amount of $118,090.03 was authorized for payment on June 25, 2002. A Final Payment in the amount of $11,289.56 will be made 35 calendar days after the Notice of Completion is recorded with the County Recorder pursuant to the provisions of the Contract Documents. Payment made to the Contractor for the Work completed is based on the unit prices bid for contract item quantities actually installed and other lump sum adjustments as provided under the change orders issued. Three change orders were issued over the course of the job, which resulted in an overall reduction in the contract work to be performed. The final contract amount is approximately $65,000 less than the original estimated contract amount. BACKGROUND: The City Council awarded the construction of the Project to Paulson Excavating, Inc. on May 15, 2002, with the direction that the final cost of the project was not to exceed the budgeted amount of $140,000. Paulson Excavating, Inc. was the second lowest bidder with a total bid of $194,498 based on the estimated bid item quantities. The first lowest bidder was relieved of its bid pursuant to the provisions of the California State Public Contract Code. (Continued on page 2) RECOMMENDED ACTIONS: 1. Accept the Work as complete. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for recordation. ALTERNATIVE COUNCIL POLICY OPTION: None Requested by: Diana Steele, Director of Public Works/City Engineer Prepared by: Rick Kennedy, Project Manager Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Completion for Airport Park Bird Remediation, Phase 1 Project, Specification No. 02-02. 2. Proposed Final Estimate accepted by the Contractor. 3. Approved Change Order Nos. 1,2, and 3. APPROVED: ~,:~ /L ""C'~--d-~ce H'or~ley, City'M-a"r~\,g er Page 2, July 17, 2002 Accept Work As Complete for Airport Park Blvd. Remediation, Phase 1 Project, Specification No. 02-02, and Authorize Filing of Notice of Completion with County Recorder Prior to the start of the Work, Change Order No. 1 was issued eliminating those bid items pertaining to the removal and replacement of the asphalt pavement surface within the southbound lanes of Airport Park Blvd between Commerce Drive and approximately 650 feet south of Talmage Road in order to bring the cost of the project within the funding limits. Change Order No. 1 also "added back", on a lump sum basis, the cost for trench paving remaining, as it was included in the amount deleted for the asphalt pavement replacement. This Change Order also deleted the installation of the edge drain along the last median island at the southern terminus of the project. The net estimated value of the work eliminated by Change Order No. 1 was $62,597.50. Unexpectedly, most of the remaining asphalt strip between the median island curb and the edge of the trench remained stable during the excavation and installation operations. Change Order No. 2 eliminated the requirement that the remaining asphalt pavement strip be removed and then replaced during the repaving of the edge drain trench, which is normal construction practice, except for the 110-foot portion of the pavement strip that broke away from the median island curb. An agreed lump sum credit of $8,300.00 was provided to the City as a result of the issuance of Change Order No. 2. Pursuant to the provisions of Section 9-1.08, "Adjustment of Overhead Costs", of the Standard Specifications, Change Order No. 3 was issued making an adjustment to the total compensation due the Contractor in the amount of $5,074.29, as a result of the total compensation due the Contractor being less than 90% of the Contractor's original bid total. The Work was completed in a very satisfactory manner and the Contractor is to be recognized for a job well done. Council is request to accept the work as complete and direct that the Notice of Completion be filed. Please Return To: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following Municipal Corporation whose address is: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 . That the nature of the title to the Airport Park Blvd. Remediation, Phase 1, Specification 02-02 of said owner is that of fee simple. . That on the day of June 27, 2002 the physical work of the Contract was actually completed and that on July 17, 2002 the City Council of the City of Ukiah accepted the Work as complete, . That the name and address of the Contractor is Paulson Excavatinq, Inc., P.O. Box 339, Albion, California 95410. o That the real property herein referred to is situated in the County of Mendocino, State of California and is described as City owned property located at Airport Park Blvd South of Talmage Road. CITY OF UKIAH, a Municipal Corporation BY: Marie Ulvila, City Clerk STATE OF CALIFORNIA COUNTY OF MENDOCINO Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that the content thereof and the same is true of her own knowledge. Subscribed and sworn to before me this day of July , 2002 Marie Ulvila, City Clerk Notary Public in and for the County of Mendocino, State of California CITY OF UKIAH CONTRACT CHANGE ORDER Sheet 1 Ii Contract Change Order No. 1 Project Name ~A. irport Park Blvd Remediation, Phase 1 Specification No. 02-02 To Paulson Excavating, Inc. , Contractor You am directed to make the following changes from the plans and specifications or to do the following described work not included in the plans and specifications for this contract. Note: This change order is not effective until approved by the Public Works Director IDescription of work to be done, estimate of quantities and prices to be paid, additional work at contract price, agreed price and force account are to be segregated. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowances will be made for idle time. Change requested by: ~X En~lineer Contractor The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Proposal. 1. Eliminate contract items 3, 4, 5, 6, and 7 in their entirety. item No. Description Asphalt Concrete Pavement Removal 2180 SY (100%) @ $4.50/SY = Base Preparation 2180 SY (100%) (~ $4.50/SY = Asphalt Concrete 480 Tons (100%) ~ $73.00/Ton = Adjustment of Frames, Covers, and Grates to Grade 8 each (100%) (~ $500.00/Each = Pavement Striping & Marking Lump Sum (100%) (~} $1980.00 = ($9,810.00) -100% ($9,810.00) -100% ($35,040,00) -100% ($4,000.00) -100% ($1,980.00) -100% Total Deductive Cost ($60,640.00) There shall be no adjustment of compensation for items 3,4,5,6, and 7 in accordance with Section 4-1.03B(3) of the Standard Specifications, by reason of this change, since no costs were incurred. Continued Next Sheet Estimated Cost: Increase X ~ ($62,597.50) i i By reason of this ~ order the time completion will be adjusted as follows: Public Works Director's Approval' No Adjustment Date Date ~/~/~.~_ · Accepted/Da.t~e/ ~>~//~ ~-~ Title Contractor -?z. CITY OF UKIAH CONTRACT CHANGE ORDER Continued from Sheet 1 I ~ Contract Change Order No. 1 Project Name Airport Park Blvd Remediation, Phase I Specification No. To Paulson Excavating, Inc. i I Sheet 2 of 2 02-O2 , Contractor 2. Adjustment to the contract unit price for Contract Item No. 2, Construction Surveying, by reason of the reduced scope in said contract item with the elimination of Contract Items 3, 4, 5, 6, and 7. Deduct $750.00 from the lump sum contract price of $1820.00 ($750.00) There shall be no adjustment of compensation to Contract Item No 2 in accordance with Section 4-1.03B of the Standard Specifications. -42% 3. Extra Work at Agreed Price: Construct permanent asphalt patching over additional trench work between stations 6+ 50 and 12+ 85 for approximately 485 LF of edge drain along the west curb, 285 LF of edge drain along the median island, 40 LF of solid pipe, 2 storm drain connections, and one utility location at the agreed lump sum price of $4,650.00. No adjustments to the contract unit prices paid for contract items 1, 2, 8, 9, and 10 shall be made by reason of this change. At no additional cost or credit to the City, the Contractor may increase the height of the cement treated permeable backfill matedal and reduce the asphalt paving depth of the trench to 3" along the gutter edge of the w~st curb and pave same in one lift. Agreed Lump Sum Compensation $4,655.00 4. Decrease contract item quantifies at contract unit prices: Eliminate the edge drain on both sides of the median island bet~-,~n stations 23+ 00+/- and 23+ 60+!- and two corresponding storm drain connections. Item No. 10 Edge Drain 125 LF (3.1%) ~ $22.90/LF = Edge Drain Connection to Storm Drain 2 Each (15.4%) (~ $1500 each Estimate of deduction at contract unit prices (,$,2,862.50) ($3,000.00) ($5,862.50) Adjustments due the Contractor pursuant to the provisions of Section 9-1.08 of the Standard Specifications shall be made at the time of the Final Payment. CITY OF UKIAH CONTRACT CHANGE ORDER Sheet I of 1. I I I i Contract Change Order No. 2 Project Name Airport Park Blvd Remediation, Phase I Specification No. 02-02 To Paulson Excavating, Inc. , Contractor You are directed to make the following changes from the plans and specifications or to do the following described work not included in the plans and specifications for this contract. Note: This chan~]e order is not effective until approved by the Public Works Director Description of work to be done, estimate of quantities and prices to be paid. Additional work at contract price, agreed price and force account are to be seggregated. Unless othen~se stated, rates for rental of equipment cover only such time as equipment is actually used and no allowances will be made for idle time. Change requested by.: ~ Eno, linear Contractor The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Proposal. 1. Delete Work at Agreed Pdce: The removal and replacement of the asphalt concrete strip between the inside edge of the edge drain road cut and the median island curb as called for in the geocomposite stripdrain installation detail on sheet 4 of the contract plans is hereby deleted for approximately 1,990 If. This deletion is not applicable for 110 If along the east side of the median island. The location of the required removal and replacement of the 110 If will be marked by the Engineer. Agreed Lump Sum Credit ($8,3oo.oo) There shall be no further adjustment of compensation to Contract Item No. 8 in accordance with Sections 4-1.03B and 4-1.03C of the Standard Specifications. Adjustments due the Contractor pursuant to the provisions of Section 9-1.08 of the Standard Specifications Shall be made at the time of the Final Payment. Estimated Cost: Increase X Decrease ($8,300) I I i I II III I ii ii II i Ii i i [ i iii ii i i ii i I By reason of this ~ order the time completion will be adjusted as follows: No Adiu~ Submitted by ~~- // ' Date Public Works Director's Approval- ~ , Date will provide ali eqMixne~ furr~sh ~ ~, ~ ~ ~ ~ m ~ ~, ~ ~ Ml ~ ~ ~ ~ ~ ~ i i ii i i ' ,, , , Accepted/-Da,~ .~~//~'J:~ ~-~~~; Contractor~_ ~_//_ ~?~~¢~'/'.'~ //~//~/` By _ . . .. ""--- Title CITY OF UKIAH CONTRACT CHANGE ORDER Sheet 1 of I Contract Change Order No. 3 Project Name Airport Park Blvd Remediation, Phase 1 Specification No. 02-02 To Paulson Excavating, Inc. , Contractor You are directed to make the following changes from the plans and specifications or to do the following described work not included in the plans and specifications for this contract. Note: This chan(je order is not effective until approved by the Public Works Director I'Descri.~on of work to be done, estimate of quantities and prices to be paid. Additional work at contract price, agree(3 price and force account are to be seggregated. Unl_~-_s otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowan .ces will be made for idle time. Change requested by: _~X Engineer . Contractor The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid ~. An adjustment to the Final Payment pursuant to the provisions of Section 9-1.08 of the Standard Specifications: 90% of Bid Amount = $194,498.00 X .90 = $175,048.20 Difference between 90% of Bid Amount and Final Payment -- $175,048.20 - $124,305.30 = $50,742.90 Additional Compensation to the Contractor for ovel~ead expenses = $50,742.90 X 0.10 = $5,074.29 Estimated Cost: ,X Increase Decrease $5,074.29 By reason of this change order the time completion will be adjusted as follows: No Adiustment Submitted by Date Public Works Director's Approval :~-~.~. C~ Date -_.' ~/ ITEM NO. 9a DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF REVISED RESOLUTION ESTABLISHING CITY OF UKIAH HOMEOWNERS' SIDEWALK CONSTRUCTION REIMBURSEMENT PROGRAM SUMMARY: The City Council, at its regularly scheduled meeting of June 19, 2002, discussed, amended, and adopted Resolution 2002-42, which revised the previous Sidewalk Construction Program. As staff was finalizing the Resolution as adopted, the City Attorney recommended some clarifications to the text and also that the Resolution be presented again to the Council. The changes are minor, and reflect the items discussed at the previous Council meeting. The changes are summarized below: The numbered paragraphs under WHEREAS listed at the beginning of the Resolution have been modified to more clearly express the intent of the program. Paragraph "2. Eligibility" has been revised to include duplexes. A sentence has been added to assign the authority for determination of eligibility in relation to the intent of the program to the Director of Public Works. Paragraph "3. Ineligibility" has been added to clarify categories of properties that are not intended to be eligible for the program. The section referred to as Reimbursement has been modified to note that $3.00 per square foot is the basis for a reimbursement of $13.50 per linear foot of 4% foot wide sidewalk. Widths of sidewalks differ in different neighborhoods, on different streets and over different terrain. Applicants will be required to construct new sidewalks that appropriately match the sidewalks of the neighborhood and fit within the City Right-of-Way. Staff recommends Council approve the attached revised Resolution to supercede Resolution 2002-42. RECOMMENDED ACTION: Adopt revised resolution establishing new sidewalk construction reimbursement program. ALTERNATIVE COUNCIL POLICY OPTION: Choose not to approve the revised resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Diana Steele, Public Works Director Diana Steele, Public Works Director Candace Horsley, City Manager David Rapport, City Attorney 1) Proposed Revised Resolution 2) Resolution 2002-42 APPROVED BY: Candace Horsley, City Ma't~ager -1- ATTACHMENT / RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE HOMEOWNERS' SIDEWALK CONSTRUCTION REIMBURSEMENT PROGRAM PREAMBLE: The City Council approved Resolution 2002-42 on June 19, 2002, at its regularly scheduled meeting, thereby adopting a proposed Homeowners' Sidewalk Construction Reimbursement Program. Subsequent to Council discussion, amendments, and approval, several clarifications are recommended by the City Attorney and staff. WHEREAS, 1. Curb, gutter and sidewalk improvements are currently required for newly constructed streets within the City of Ukiah. Many homes throughout the City's residential neighborhoods have been developed without sidewalks, and curb and gutter improvements, causing an impediment to the orderly passage of pedestrians; and 2. The City relies heavily on the provisions of City Code Section 9181, to accomplish infilling of missing sidewalks in residential neighborhoods, whereby a property owner is required to construct street frontage improvements if the proposed improvements to an existing structure equal or exceed 1/3 of the assessed fair market value of the existing structure; and 3. The owner of an existing home does not realize an income from an improvement such as an addition or upgrade, as does a developer constructing multi-family rental housing or a commercial complex, nor does the owner realize profit potential as when land is subdivided, and 4. It is the intent of the City Council in adopting this Resolution to reduce the financial burden on property owners improving residential property for their own use, but not to use scarce taxpayer dollars to subsidize the development of multi-family residential or commercial property or the creation of new lots, where the cost of constructing curb, gutter and sidewalk is a cost of doing business that can be recouped from the income produced by the development. 5. The City Council finds that all City streets should include curbs, gutters and sidewalks on both sides of the street to protect pedestrians, properly control storm water drainage, and beautify the City; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ukiah approves this revised Resolution to adopt the Homeowners' Sidewalk Construction Reimbursement Program as set forth in the following: 1. Establishment of Program. There is hereby established the Homeowners' Sidewalk Construction Reimbursement Program ("Program") which shall become effective on July 1, 2002, and shall continue from year-to-year thereafter, unless repealed or modified by further action of the City Council. Reimbursement shall be available only for sidewalk work, which has not commenced prior to the date this ordinance becomes effective. The Program shall be subject to the appropriation of funds for such purpose each year by the City Council. 2. Eligibility. The owner of any legally established parcel of property in the City of Ukiah ("Parcel") which is improved, as is described further herein, or any person duly authorized in writing by the owner of such property to apply on his or her behalf ("Applicant") is eligible to apply for sidewalk construction cost reimbursement in accordance with this resolution. Owners shall be considered eligible if the subject property is improved with A) an existing single family residence, (B) an existing single family residence and a lawfully established second unit as permitted by Ukiah City Code Section 9017, and (C) duplexes, provided there is only one duplex structure constructed on one legal parcel, and further provided that one of the units is owner- occupied. This includes owners required to construct sidewalk improvements by Ukiah City Code Section 9181.C (applicable to building permits where the permit value is equal to or greater than 1/3 the assessed fair market value of the existing structure). The Director of Public Works ("Director") shall have the authority to make the final determination of eligibility of a project as it relates to the intent of this program. 3. Ineligibility. Property owners of other multi-family, commercial, and industrial facilities shall not be considered eligible for this Program. Nor shall any owner that is required to provide frontage improvements as a result of any division of land, or the development of vacant land. Property owners with zoning, health or building code violations on their property shall not be eligible to apply for reimbursement under this resolution, until those violations have been cured to the satisfaction of the Planning Department. 4. Reimbursement. An eligible Applicant may receive reimbursement for the cost of constructing curb, gutter, and sidewalk adjacent to the street frontage of his or her Parcel in an amount not to exceed $5,000 per parcel. The per Parcel limit applies to the total street frontage, including lots that front on more than one street, as in the case of corner lots. The amount reimbursed will be determined by the number of lineal feet of the Parcel's street frontage on which curb, gutter and sidewalk is constructed, and the width of sidewalk required as determined by the Director, in accordance with the following schedule: Construction Reimbursement Per Linear-Foot A. Curb & gutter $14.00 B. Sidewalk construction for a 4.5 foot wide sidewalk (at $3.00 per square foot)° $13.50 5. Procedure. An Applicant shall complete, sign, and submit to the City of Ukiah Public Works Department an application to participate in the Homeowners' Sidewalk Construction Reimbursement Program. The Applicant shall use an application form provided by the Public Works Department. The form shall include an agreement that the Applicant is undertaking the construction of the sidewalk improvements subject to the requirements of this resolution and his or her right to reimbursement shall be limited to the reimbursement authorized by this resolution. 5.1 Upon receipt of the application, the Director or his or her designee shall determine whether the Applicant is eligible to participate in the Program. 5.2 If eligible, the Applicant must apply for and receive an Encroachment Permit from the Public Works Department before commencing any work in the public right of way. The following must be submitted to and approved by the Director prior to issuance of the Encroachment Permit: A. Construction plans; °~For example, the maximum reimbursement for 60 LF of curb and gutter, plus 4.5' wide sidewalk would be $1,650. a. Proof of insurance and such indemnification agreement as are otherwise required for an Encroachment Permit; C. Proof of ownership and occupancy satisfactory to the Director to determine the eligibility of an applicant; Do Evidence satisfactory to the Director that the work will be performed by a properly licensed construction contractor; E. Such warranty and warranty bond as is otherwise required for an Encroachment Permit; and F. Any other information or documents generally required for an Encroachment Permit. 5.3 The construction of the improvements may commence upon issuance of the Encroachment Permit and must proceed in accordance with all conditions in that permit. The permit shall specify the inspections required by the Director and the contractor must provide not less than 24 hours prior notice, when requesting an inspection. The contractor shall not cover up work, requiring an inspection, until that inspection has occurred. ,5.4 Upon approval of the work by the Director and his or her determination that the work has been completed in compliance with the Encroachment Permit and this resolution, the City shall reimburse the owner in accordance with Section 2 of this Resolution. The City shall endeavor to issue reimbursement checks within 30 days of final approval of the work by the Director. 6. Dispute Resolution. If an Applicant disputes any final determinations by the Director, he or she shall first appeal that decision to the City Manager by submitting a written description of the dispute and the relief requested within 10 days of the date the disputed decision was delivered or mailed to the Applicant, whichever occurs first. If the Applicant remains dissatisfied with the decision of the City Manager, he or she may appeal to the City Council, if a written appeal is filed with the City Clerk within 10 days of the date the City Manager's decision was delivered or mailed to the Applicant, whichever occurs first. PASSED AND ADOPTED on July 17, 2002, by the following roll call vote: AYES: NOES: ABSENT: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk .AI-I'ACHMEI~ ~ RESOLUTION NO. 2002 - 42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING A SIDEWALK CONSTRUCTION REIMBURSEMENT PROGRAM WHEREAS, 1. Curb, gutter and sidewalk are currently required for newly constructed streets within the City of Ukiah; and 2. Under City Code Section 9181, a property owner is required to construct curb, gutter and sidewalk adjacent to the property's street frontage if the property owner is seeking to subdivide the property, develop unimproved property or construct improvements to an existing structure that are equal to or exceed 1/3 the assessed fair market value of the existing structure; and 3. The City Council finds that all City streets should include curbs, gutters and sidewalks on both sides of the street to protect pedestrians, properly control storm water drainage, and · beautify the City; and 4. To help achieve that goal, the City Council hereby adopts the Sidewalk Construction Reimbursement Program as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED that: 1. Establishment of Program. There is hereby established the Sidewalk Construction Reimbursement Program ("Program") which shall become effective on July 1, 2002, and shall continue from year-to-year thereafter, unless repealed or modified by further action of the City Council. Reimbursement shall be available only for sidewalk work which has not commenced prior to the date this ordinance becomes effective. The Program shall be subject to the appropriation of funds for such purpose each year by the City Council. 2. Eligibility. The owner of any legally established parcel of property in the City of Ukiah ("Parcel") which is improved with an existing single family residence, including lawfully established second units as permitted by Ukiah City Code Section 9017, or any person duly authorized in writing by the owner to apply on his or her behalf ("Applicant") is eligible to apply for sidewalk construction cost reimbursement in accordance with this resolution. This includes owners required to construct sidewalk improvements by Ukiah City Code Section 9181.C (applicable to building permits where the permit value is equal to or greater than 1/3 the assessed fair market value of the existing structure). Property owners with zoning, health or building code violations on their property shall not be eligible to apply for reimbursement under this resolution, until those violations have been cured to the satisfaction of the Planning Department. 2. Reimbursement. An eligible Applicant may receive reimbursement for the cost of 1 constructing curb, gutter and sidewalk adjacent to the street frontage of his or her Parcel in an amount not to exceed $5,000 per parcel. The per Parcel limit applies to the total street frontage, including lots that front on more than one street, as in the case of coruer lots. The amount reimbursed will be determined by the number of lineal feet of the Parcel's street frontage on which curb, gutter and sidewalk is constructed, in accordance with the following schedule: Construction Reimbursement Per Linear-Foot 1. Curb & gutter $14.00 , Sidewalk construction for a 4.5 foot wide sidewalkI $13.50 3. Procedure. An Applicant shall complete, sign and submit to the City of Ukiah Public Works Department an application to participate in the Sidewalk Construction Reimbursement Program. The Applicant shall use an application form provided by the Public Works Department. The form shall include an agreement that the Applicant is undertaking the construction of the sidewhik improvements subject to the requirements of this resolution and his or her right to reimbursement shall be limited to the reimbursement authorized by this resolution. 3.1 Upon receipt of the application, the Public Works Director or his or her designee ("Director") shall determine whether the Applicant is eligible to participate in the Program. 3.2 If eligible, the Applicant must apply for and receive an Encroachment Permit from the Public Works Department before commencing any work in the public right of way. The following must be submitted to and approved by the Director prior to issuance of the Encroachment Permit: A. Construction plans; B. Proof of insurance and such indemnification agreement as are otherwise required for an Encroachment Permit; C. Evidence satisfactory to the Director that the work will be performed by a properly licensed construction contractor; D. Such warranty and warranty bond as is otherwise required for an Encroachment Permit; and Permit. E. Any other information or documents generally required for an Encroachment 3.3 The construction of the improvements may commence upon issuance of the ~For example, the maximum reimbursement for 60 LF of curb and gutter, plus 4.5_ sidewalk would be $1,650. 2 wide Encroachment Permit and must proceed in accordance with all conditions in that permit. The permit shall specify the inspections required by the Director and the contractor must provide not less than 24 hours prior notice, when requesting an inspection. The contractor shall not cover up work, requiring an inspection, until that inspection has occurred. 3.4 Upon approval of the work by the Director and his or her determination that the work has been completed in compliance with the Encroachment Permit and this resolution, the City shall reimburse the owner in accordance with Section 2 of this Resolution. The City shall endeavor to issue reimbursement checks within 30 days of final approval of the work by the Director. 4. Dispute Resolution. If an Applicant disputes any final determinations by the Director, he or she shall first appeal that decision to the City Manager by submitting a written description of the dispute and the relief requested within 10 days of the date the disputed decision was delivered or mailed to the Applicant, whichever occurs first. If the Applicant remains dissatisfied with the decision of the City. Manager, he or she may appeal to the City Coun.c!l, if a written appeal is filed with the City Clerk within 10 days of the date the City Manager's decision was delivered or mailed to the Applicant, whichever occurs first. PASSED AND ADOPTED on June 19, 2002, by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Vice-Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku. Phil As~iku, Mayo{ ATFEST: Marie Ulvila, City Clerk ITEM NO: 9t, DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: REQUEST BY RAINBOW CONSTRUCTION INC TO ADDRESS THE CITY COUNCIL CONCERNING THE JUNE 5, 2002 DETERMINATION THAT THE ROOF-TOP BUSINESS SIGNS ON IT'S BUILDING ARE IN VIOLATION OF THE UKIAH MUNICIPAL CODE SUMMARY: The owner of the Rainbow Construction Company building recently requested to be placed on the Council's Agenda to address the Council's June 5, 2002 determination that the devices on top of the roof are business signs and therefore in violation of the Ukiah Municipal Code. Mr. Peter Richardson of Rainbow Construction, Inc. expressed a desire to discuss the matter with the Council, because he was unable to participate in the discussion on June 5th. It is Mr. Richardson's intent to convince the Council that the devices on the roof-top are legal according to the provisions of the Ukiah Sign Ordinance. Subsequent to the Council's determination on June 5th, Staff informed Mr. Richardson that one option for him to pursue was a Variance application seeking relief from the provisions of the Sign Ordinance. While he expressed interest in this option, he has not submitted the application materials that were sent to him. Another option discussed with Mr. Richardson was to relocate the signs on the building in a way that complies with the Code. To date, Mr. Richardson has not expressed an interest in pursuing this option, because, as indicated above, he believes the business signs are legal. The purpose of this Agenda item is to provide Mr. Richardson an opportunity to personally address the Council on this matter. The Council can maintain it's June 5th determination or reach a different conclusion. RECOMMENDED ACTION: Provide Mr. Richardson an opportunity to address the Council on this matter and 1) maintain the June 5th determination that the devices are signs and therefore in violation of the Ukiah Sign Ordinance; or 2) reach a different conclusion. ALTERNATIVE COUNCIL POLICY OPTION: Do not provide Mr. Richardson an opportunity to address the Council on this matter. Citizen Advised: Peter Richardson, Rainbow Construction, Inc. Requested by: Peter Richardson, Rainbow Construction, Inc. Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager, and David Rapport, City Attorney Attachments: 1. Agenda Summary Report and City Council meeting minutes, dated June 5, 2002 A P P ROVE D ',~(~-~,~""~"'-~-~_. Candace Horsley, City M~ager iTEM.~~----~~ AGENDA SUMMARY REPO SUBJECT: INTERPRETATION OF UKIAH MUNICIPAL CODE DEFINITION OF "SIGN" AND DETERMINATION OF POSSIBLE SIGN ORDINANCE VIOLATION - RAINBOW CONSTRUCTION/294 WEST SMITH STREET, UKIAH SUMMARY: The owner of the Rainbow Construction Company building located at 294 West Smith Street recently placed six large signs/banners/flags on top of the roof. The signs/banners/flags are made of a very light colorful material, contain the familiar rainbow logo of the company, and are designed to move gently in the wind. When these devices were brought to the attention of the Planning Staff, it was determined that they appeared to be consistent with the Ukiah Municipal Code's (UMC) definition of a "sign", and therefore were illegal because the UMC specifically prohibits signs to be placed on roof tops. When this matter was brought to the attention of the property owner, he respectfully disagreed that they were signs. He has concluded that they are "art" rather than signs, and therefore can be legally placed on top of his building. After reviewing the Ukiah Municipal Code, the owner is of the opinion that the devices could also be considered "corporate flags" and therefore be deemed legal according to the UMC. The purpose of this Agenda item is to ask the Council to review the definitions contained in the Sign Ordinance, and determine if these devices are "signs", "banners", or "corporate flags." If they are determined to be "signs", they are illegal. If the Council determines they are "banners", they can only be placed on the building for short periods of time during special events. If they are determined to be "corporate flags" they may not be in violation of the Ukiah Municipal Code. (continued on page 2) RECOMMENDED ACTION: Review the definitions of "Sign", "Banner Sign", and "Flag" and determine what the devices on top of the Rainbow Construction building are. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Peter Richardson, Rainbow Construction Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager, and David Rapport, City Attorney Attachments: 1. Applicable Ukiah Municipal Code (Sign Ordinance) sections APPROVED: ~ Candace Horsley, anager DESCRIPTION OF RAINBOW CONSTUCTION "SIGNS": The Rainbow Construction "signs" are approximately eight-feet tall, vertically narrow, and very colorful. They contain the Rainbow construction "rainbow" logo, and are designed to move slightly in the wind. DEFINITION OF SIGN: Section 3200.55 of the Ukiah Municipal Code defines "sign" as follows: "Sign" shall mean a visual communications device used to convey a message to its viewers. A Sign shall mean and include every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereto for identification, advertisement or promotion of the interests of any person, entity, product or service." The Ukiah Municipal Code defines "roof sign" as "any sign erected upon, against or directly above a roof or top of or above the parapet of a building." Section 3226(L) PROHIBITED SIGNS lists "signs which are located on or project over the roof of a building or structure." Comment: If the Council determines that the devices are "signs" according to the above definition, then they are illegally placed on top of the building. DEFINITION OF BANNER: The Ukiah Municipal Code defines "banner sign" as a "temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere." Section 3226(D) PROHIBITED SIGNS lists banners, pennants, searchlights, twirling signs, signs on sidewalks, balloons or other gas-filled figures...signs described above may be permitted at the opening of a new business or for special events with prior approval of the Director of Community Development only for a total period not exceeding thirty (30) days. Comment: If the Council determines that the devices are "banners", then they can only be displayed during special events for a maximum of 30 days. DEFINITION OF FLAGS: The Ukiah Municipal Code does not include a definition of "flag." However, Webster's Dictionary defines a "flag" as "a piece of fabric of distinctive design that is used as a symbol (as of a nation) or as a signaling device." Section 3226(E) PROHIBITED SIGNS states that flags other than those of any nation or corporation are prohibited. Comment: If the Council determines that the devices are "corporate flags", then they may not be in violation of the Sign Ordinance. However, while the Code does not specifically limit the number of corporate flags, it seems logical that the intent is to allow a corporate flag to be displayed at individual corporate offices. In this case, if the devices are determined to be corporate flags, Rainbow COnstruction is displaying six of them. CONCLUSION: The owners of Rainbow Construction recently placed six large colorful devices on top of their building not knowing that they could be in violation of the City Sign Ordinance. The devices display the company logo, and while they do not resemble a traditional rectangular "flag", the owners believe they are artistic "corporate flags." Undoubtedly, some people may have the opinion that the devices look nice. Others may have the opposite opinion, concluding that the devices are too "loud", and conflict with the character of the surrounding built environment. However, this is not purely a subjective issue, and not a debate as to whether or not the devices look nice or not. The issue is defining what they are, and whether the code allows them to be displayed "on top of the building ". If they are determined to be "signs", they are in violation of the Code. If the Council determines they are "banners", they can only be placed on the building for short periods of time during special events. If they are determined to be "corporate flags" they may not be in violation of the Ukiah Municipal Code. If the Council determines they are "corporate flags", Staff urges the Council to determine if the spirit and intent of the Code is to allow corporations to fly _a corporate flag or as many as the corporation desires. ALTERNATIVE ACTIONS/SOLUTIONS: . . . Find that the devices are "signs" and order their removal from the top of the building. Find that the devices are banners and allow them for a 30-day period associated with special events. Find that the devices are corporate flags and decide if the spirit and intent of the Code is to allow all six flags to be displayed. Find that the devices are something other than signs, banners, or corporate flags, and provide direction to staff. SIGN VARIANCE: If the Council determines that the devices are in violation of the Ukiah Sign Ordinance, Section 3235 of Article 9 provides a "Sign Variance" procedure that potentially could provide relief to the property owner. However, the findings required to approve a Variance are often difficult, and require that there are special circumstances applicable to the property that warrant the granting of the Variance, that the granting of the Variance would not constitute a grant of special privilege, and that the granting of the Variance would not be detrimental to surrounding property owners. RECOMMENDATION: Review the definitions of "Sign", "Banner Sign", and "Flag" and determine what the devices on top of the Rainbow Construction building are, and provide direction to Staff. 3200.52: ROOF SIGN: "Roof sign" shall mean any sign erected upon, against or directly above a roof or top of or above the parapet of a building (see graphic illustration section). (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) 3200.53: ROTATING SIGN: "Rotating sign" shall mean any sign or portion thereof which physically revolves about an axis. (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) 3200.54: SHOPPING CENTER: "Shopping center" shall mean a unified commercial development on a minimum site of two (2) acres occupied by a group of five (5) or more separate businesses occupying substantially separate divisions of a building or buildings fronting on a privately owned common mall or parking lot, rather than on a public street. (Ord. 756, §2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) 3200.55: SIGN: "Sign" shall mean a visual communications device used to convey a message to its viewers. A sign shall mean and include every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service. (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) 3200.56: SIGN, IN-WINDOW: "In-window sign" shall mean any sign painted on the inside or outside of a window or any sign erected or hung on the inside of a window, the purpose of said sign to be seen by persons outside of the building. (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) 3200.57: SIGN PROGRAM: "Sign prog~arn" shall mean an integrated system of signs proposed for one or more businesses, usually for a shopping center or group of uses on a single parcel. (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, {}1, adopted 1983) 3200.11: BANNER SIGN: "Banner sign" shall mean a temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) t 3225: GENERAL SIGN PROVISIONS: Ao Signs attached under a marquee shall have a vertical clearance of eight feet (8') between the existing or future grade of the finished sidewalk. Such signs shall be limited to four (4) square feet in area on each side if a double-faced sign; a single-faced sign shall be limited to four (4) square feet in area; one sign per occupant. g. Co No sign shall be located so as to create a safety hazard by obstructing vision, or shall interfere with or resemble any authorized warning or traffic sign or signal. A projecting sign shall have a minimum clearance of eight feet (8') above the existing or future grade of the finished sidewalk, and a minimum clearance of fifteen feet (15') above an area used for vehicular movement. D, These regulations shall apply only to those signs which are located outside of buildings or which are directly affixed to the inside of a window. Where signs are affixed to or painted on a window, such signs shall not exceed twenty five percent (25%) of any window area, and such signs shall be counted as part or all of permitted sign area except as allowed in {}3227 of this Chapter. Eo Fo Go Temporary construction, development and subdivision sales signs are permitted in any residential zone providing the total aggregate area for all such signs does not exceed thirty two (32) square feet, and providing that no single-face sign exceeds twelve (12) square feet. Sign height for any given sign may not exceed ten feet (10'). Signs will be permitted to remain for a maximum period of one year, but must be removed upon completion of project. Temporary construction, development, subdivision sales, lease and real estate signs are permitted in any commercial or industrial zone, if freestanding. The total aggregate area for all such signs may not exceed sixty four (64) square feet, and no single-face sign may exceed,thirty two (32) square feet. Sign height for any given freestanding sign may not exceed~ten feet (10'). Signs will be permitted to remain for a maximum period of one year but must be removed upon completion of sale, lease or project. Murala are allowed subject to review by the Planning Commission as a regular agenda item. Criteria upon which murals will be evaluated as both art and advertising are: compatibility with surrounding environment and community in general; appropriateness to site; relationship to use of building upon which it is placed; impact on motorists and traffic /-b Ho hazards; advertising potential. Written messages are discouraged. Any area determined to be advertising and allowed to remain in the mural shall be counted as part of the allowed parcel signage. Awning signs are allowed subject to review by the Planning Commission as a regular agenda item, and securing an encroachment permit from the Public Works Department. Sign area shall be calculated as defined in §3200.05. These shall not be considered as projecting signs. Governmental, educational, civic or religious special event signs may be posted up to twenty (20) days prior to the event and taken down at least two (2) days after the event. Size shall not exceed thirty two (32) square feet and there shall be no more than four (4) such signs. Signs shall be approved by the Planning Director. This Section shall not be applicable to handbills or small posters for said events. Signing for a project requiring a site development permit or use permit shall be reviewed by the Planning Commission as part of the permit application process. Any and all signs, lights, banners, flags or other advertising devices placed on an occupant's property for a maximum of sixty (60) consecutive days to announce the opening of a new business. Although no sign permit is required, the Director of Community Development shall review and approve plans for such signing to ensure that it offers no hazard to the safe movement to traffic and also that it does not block permanent identification signs on neighboring properties. (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, {}1, adopted 1983) 3226: PROHIBITED SIGNS: The following signs are prohibited within the City: A. Flashing, rotating, animated, blinking and moving signs. g. Miscellaneous signs and posters and the tacking, pasting or otherwise affixing of signs of a miscellaneous character visible from a public right of way. Signs located on the wall of buildings, barns, sheds, trees, poles, posts, fences or other structures are prohibited unless provided for under other provisions of these regulations. C. Any sign affixed to any vehicle or trailer on a public right of way or public property unless the vehicle or trailer is intended to be used in its official capacity and not for the sole purpose of attracting people to a place of business. Banners, pennants, searchlights, twirling signs, signs on sidewalks, balloons or other gas-filled figures. Signs described above may be permitted at the opening of a new business Fo Ge or for special events with prior approval of the Director of Community Development only for a total period not exceeding thirty (30) days. Flags other than those of any nation or corporation. Portable or wheeled signs, unless used for real estate purposes, in which case the sign must be placed on the offered property. Any sign that utilizes visible guy wires, angle irons and iron frame structures, unless construction is otherwise impossible. H. Signs emitting audible sounds, odor or visible matter. re No Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop", "go slow", "caution", "danger", "warning" or similar words. Signs, which by reason of their site, location, movement, content, coloring or manner of illumination, may be confused with or constructed as a traffic-control sign, signal or device, or the light of a road or emergency equipment vehicle. Outlining of a building by means of exposed neon tubing, exposed incandescent lighting or other artificial lighting or an equivalent effect is prohibited. Signs which are located on or project over the roof of a building or structure. Off-premise signs shall not be permitted within the City limits except real estate "open house" signs not exceeding six (6) square feet placed on private property with permission of the property owner (directional type). Such signs allowed only during hours of open house. Comer Properties: Signs from ground level to eight feet (8') in height shall be prohibited in the area formed measuring at the property line a distance of thirty feet (30') from the point of intersection of the two (2) streets and connecting at these lines in triangular fashion. (Ord. 756, {}2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) 3235: SIGN VARLanNCES: Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this Chapter may result from the strict application of' certain provisions thereof, a variance may be granted as provided in {}9231 et seq. of the Ukiah Municipal Code. Economic hardship shall not be considered a practical difficulty, unnecessary hardship, or a result inconsistent with the general practice of this Chapter. Economic hardship is defined as the actual expense of removing the nonconforming sign or causing a conforming sign to be erected. Historical and architectural significance based upon age, design, construction materials and other criteria as determined by the City Council shall be utilized in determining appropriateness of variances. The granting of a variance shall require a statement of findings by the Commission noting the facts of the particular sign, not applicable to other signs generally which justify issuance of a variance. (Ord. 756, §2, adopted 1981; amd. by Ord. 822, §1, adopted 1983) At its May 15, 2002 meeting, the City Council introduced, by a 3 to 1 vote (with one member absent), an ordinance modifying the monthly salary for Councilmembers effective after the November 5, 2002 election. The Ordinance is now ready for Council adoption. M/S Baldwin/Larson adopting Ordinance 1037, Amending Ukiah City Code, Chapter 2, Division 1, Article 2, Section 62 Establishing the Salaries for Councilmembers, carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Smith. 9. NEW BUSINESS 9a. Discussion and Approval of Mendocino Solid Waste Management Authority MSWMA) Annual Budget City Manager Horsley advised that the City Council annually reviews and approves the MSWMA annual budget before its final adoption by the MSWMA Board. M/S Ashiku/Baldwin approving MSWMA's 2002/03 Budget. Councilmember Larson explained to the audience about the budget document for MSWMA. He recommended the City provide a copy of MSWMA's budget at the counter. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 9. NEW BUSINESS Interpretation of Ukiah Municipal Code Definition of "Sign" and Determination of Possible Sign Ordinance Violation- Rainbow Construction/294 West Smith Street, Ukiah Planning Director Stump advised that staff was recently alerted to a situation at the Rainbow Construction building located at 294 West Smith Street in which six large banners/signs/flags were placed on the roof of the building. He received a phone call from Peter Richardson, General Manager of Rainbow Construction, late yesterday requesting this item be continued because he didn't think he would be able to attend this meeting. This is Mr. Richardson's second request to continue the matter. The devices displayed are very unique looking on top of the building. Staff reviewed the Sign Ordinance and it was Staff's initial reaction that the devices constituted signs. When this matter was brought to the attention of Mr. Richardson, he indicated that they are simply "art" and/or may fit the category of "corporate flag". The Code does not define what a corporate flag is. If Council determines that the devises are banners, they would only be allowed for a 30-day period with the Planning Director's approval for a special event. He requested Council look at the definitions of sign, banner, and flag and determine what the devices are, then direct Staff appropriately. Regular Meeting June 5, 2002 Page 3 of 15 He read the description of "sign" and noted that with the Rainbow Construction logo on the devices that the devises should be considered signs. City Attorney Rapport explained that even if Council determined it was a flag, he did not think it inconsistent with determining it is a sign. The term flag is used in a section of the City Code which lists prohibited signs. One example of a prohibited sign is a flag other than a flag of a nation or corporation. That would be a further indication that a flag is considered a sign under the Sign Ordinance. Director Stump explained that the Code would not allow signs to be placed on rooftops. Councilmember Baldwin inquired if there is a policy for constructing murals. Director Stump advised that it is included in the Sign Ordinance, but is not common knowledge of the public. Murals appear now and then without any review. Staff's initial determination was that the devices constituted signs and are in violation of the City Code. There was discussion concerning Iogos used by other businesses and enforcement of the Sign Ordinance. Complaints received and investigated by staff were also discussed. It was noted that usually, Staff obtains voluntary compliance from the property owner. Discussion continued with regard to the display of official flags. Mary Lindley, Ukiah, was of the opinion that the banners being flown on the rooftop of Rainbow Construction are beautiful rainbows and calls attention to Rainbow Construction's business. Mayor Ashiku was of the opinion that the devices should be considered signs because they use corporate colors. That makes it a sign and is meant to call attention to the identity of the company. He noted that the rainbow corporate colors are displayed on the company's Trucks and is part of their signage. Councilmember Baldwin agreed that the devices display the logo of the businesses and are designed to advertise the business. If these devices are found to be other than signs, then it could become a free for all in the community and anyone who says anything is art could construct six flags on top of their building. He felt it is clear that these devices are signs and the City has to enforce the rules. Councilmember Larson explained that the City couldn't regulate the use of a corporate logo in terms of the color or design in any way other than size and placement according to the Sign Ordinance. The device represents a corporate logo and tells people that the building is that of Rainbow Construction. Signage is not allowed on the rooftop and he felt it is in violation of the Sign Code. Councilmember Libby explained that she views the flags as corporate flags and inquired as to how many corporate flags can be hanging on a building. She noted that this is not the only business in the City that has corporate flags on its roof and that Regular Meeting June 5, 2002 Page 4 of 15 Council should not be selective in enforcing the Code. She felt they look like corporate flags and didn't view them as signs. M/S Ashiku/Baldwin supporting the Planning Director's position that the signs above Rainbow Construction on West Smith Street be removed and that Council supports the position that they are signs. Director Stump advised that there is an issue with displaying flags on a rooftop. If the flags were placed elsewhere on the property, they could potentially be allowed, provided they complied with the allowable square footage for signage for any one business. Staff is willing to work with Mr. Richardson to relocate the signs on the property. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Smith. 9. NEW BUSINESS 9c. Review, Discussion, and Formation of Comments Concerning_ the Mendocino County Draft Ukiah Valley Area Plan Planning Director Stump advised that Mendocino County has prepared an for the unincorporated area in the Ukiah Valley. The Mendocino Commission has reviewed it and is making recommendations to Supervisors. The Board is now soliciting comments for its review. Th as part of the Ukiah General Plan update. It included County the County and Steering Committee that developed the U included a blue print for the areas within the valley. The changes to what the City had envisioned in 1995 and he the Staff report. Plan Planning Board of was begun id residents from General Plan that has made some hted those changes in The Ukiah Planning Commission discussed the He recommended Council consider their comments. The main areas he that Council may want to focus on is the County's creation of an "urban bounda for the area outside the City Limits that is not entirely consistent with the of Influence. These areas stretch beyond what the City's revised Sphe~ Influence will encompass. It is meant to capture existing development and al,, 3 promote areas around the City with a compact development theme. The UVAP retained the development theme that was envisioned in the City's General Plan and staff is pportive of it. He noted that one difference it does have is that the City's plan for a joint City/County design review body and the UVAP suggests that it bein lieu of using the City's guidelines or developing guidelines similar to the for commercial development, so that there will be cohesive design guidelines e City and the areas adjacent to the City. Staff is supportive of this concept. Th~ an~ one controversial element in UVAP that suggests the deletion of the "rim trail" river trail" visions that were contained in the City's General Plan. Through the f's review process, they received significant opposition from landowners and they Regular Meeting June 5, 2002 Page 5 of 15 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF UKIAH, ADDING CHAPTER 11 TO DIVISION 3 OF THE UKIAH CITY CODE GOVERNING THE ABATEMENT OF CONDITIONS CREATING A PUBLIC NUISANCE ON PRIVATE COMMERCIAL PROPERTY Now, therefore, the City Council of the City of Ukiah does ordain as follows: SECTION 1: Chapter 11 is hereby added to Division 3 of the Ukiah City Code, entitled: Abatement of Nuisance Conditions on Private Property, to read as follows: 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 commercial property which will protect the livability, appearance and social and economic stability of the City and to protect its citizens and their commercial 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. a. It is the intention of the City Council, in adopting this Chapter Codified herein, to set forth guidelines for determining what conditions on private commercial property constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed. C. It is the purpose of this Chapter to provide a fair and practical method, in addition to any other remedy available at law, whereby commercial lands or commercial 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, property 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 commercial 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 nuisances and that continuance of such conditions shall be a misdemeanor. -1- F. This Chapter is not intended to enforce Conditions, Covenants, and Restrictions (CC& R's) on property, nor to supersede them. This Chapter will be enforced uniformly within the City regardless of CC& R's. 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& R's, to force compliance with the CC& R's 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. G. Provisions of this Chapter are to be supplementary and complementary to all of the provisions of the Ukiah City 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 nuisances. H. 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 commercial 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 commercial 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. 3401 Definitions. The following terms used in this Chapter shall have the following meanings: A. "Commercial vehicle" means any motorized or non-motorized 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; B. "Cost of Abatement" means the total cost incurred by the City in connection with the abatement of a public nuisance including, but not limited to: 1. Any cost incurred in removing or remedying a public nuisance; 2. 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; a. Notice and order, appeal and termination fees (as defined in Section 3417.A) 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- b, Any attorney's fees incurred by the City in the abatement of the nuisance, through civil action or other wise; Co If not already included in the fees established under subsection 3, the cost of printings and mailings required under this Chapter; do 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; e. All costs and expenses for which the City may be liable under state law arising from or related to the nuisance. 3. Any cost incurred by the City in collecting the costs enumerated in subsections 1 and 2 of this definition. Do "Inoperative vehicle" means 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. Eo "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material or substance, having no substantial market value. Fo "Owner" as used herein means 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. G. "Property" means premises. H. "Vehicle" shall be defined as set forth in Section 670of 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 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 , 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. -3- 3402 Prohibited 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 commercial business or commercial property within the City of Ukiah, to maintain 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 Title __ , or Title __ of the City of Ukiah Municipal Code. S. Land, the topography or configuration of which, in any man-made 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; C. 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; Do The failure to keep secure 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, including 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; Fo Broken windows or windows boarded-up with unpainted unattractive materials attached to the exterior of the building, or unattractive products adhered to/covering the inside of the window; G. Overgrown, dead, decayed or hazardous vegetation which: o . May harbor rats, vermin or other disease carriers; Is an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic; Constitutes an unsightly appearance or an attractive nuisance; H. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, or driveways which are defective, unsightly or no longer viable. It 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, or any litter consisting of garbage, refuse, trash, dirt, refuse, litter, garbage, feces, gravel, concrete or other similar materials, or debris, and all other waste material, whether by natural or man-made causes, and whether -4- K, Lo Mo N, O, Po Qo Ro 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 herein, 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; Deteriorated parking lots; Keeping construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or sideyard area without the express approval of the City manager or his designee; Refuse or trash bins/dumpsters placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection; 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 on to any public street or other public or private property; any front yard, or parkway. Any area in front of a commercial 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 commercial property; Animals, livestock, poultry or bees kept, bred or maintained for any purpose (other than a legally permitted kennel) and in violation of any provision of the Ukiah City Code; -5- So To go V. Wo X, Y, Zo BB. CC. DD. EE. FF. 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 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. Any other condition declared by any State, County, or City statute, code or regulation to be a public nuisance. Inoperable or abandoned trailers, campers, boats or vehicles located on commercial property in view from the public right-of way. 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 commercial land use. Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public; Any condition recognized in law or in equity as constituting a public nuisance; Any illegal activity occuring 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. 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; Signs, both on-site and off-site (billboards), which are otherwise lawful but maintained in a deteriorated condition; Temporary signs that advertise or are related to events which have already taken place; Allowing any unlawful condition or activity to exist in a structure; 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; Outdoor sales being conducted without required permit(s). -6- 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. 3404 Notification of property owner that a declared nuisance exists on property. Whenever the City Manager or his/her designee finds that a condition declared a public nuisance, as defined by Section 3402, 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 3405 Voluntary abatement of nuisances by property owner. 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. 3406 Failure of property owner to voluntarily abate a declared nuisance. If a nuisance is not properly abated within the period established under the provisions of Section 3405, the City Council shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the City. 3407 Notice of Public Hearing - Required A, A written notice of public hearing, substantially in the form contained in this Section 3407, Subsection B, shall be served at least ten days prior to the date set for the City Council public hearing. B, 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 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. . · 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 -7- 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 l(a) 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. 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. C. 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. 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 PART 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 of 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 if 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: -8- 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 3409 Protest must be filed. Any person contesting the existence of a nuisance shall file a written protest or objection with the City Manager at least two 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. 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 hearing may be continued from time to time. 3411 Hearing-Decision. A, Upon the evidence presented, the City Council shall determine whether the premises or any part thereof, as maintained, constitutes a nuisance within the meaning of Section 3402. 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. Bo 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. 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 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 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. 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 and one copy shall be mailed to each of the following, if known -9- 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. 3414 Abatement by property owner 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. 3415 Extension of date for completion. A, 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. B. The authority of the City Manageddesignee to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to legally challenge the order. 3416 Enforcement of abatement order. Ao 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. a. 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 Manageddesignee may, without further notice; 1. Refer the person for criminal prosecution; , 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 forces or a private contractor. , 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. -10- Ao Bo (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 Manageddesignee 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. 3417 Record of costs of abatement-Duty to maintain-Service upon property owner. 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), 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 months, costs may be assessed at any time after six months, but in no event more than two 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 days. If the owner refuses or neglects to pay the bill, a 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, -11 - 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 hearing to determine the correctness or reasonableness, or both, of such costs, and shall serve notice thereof. Do Proof of said service shall be made by declaration under penalty of perjury filed with the City Clerk. 3418 Record of 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 hearing 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. 3419 Nuisance abatement lien. Ao If the nuisance abatement and related administrative costs are not paid within five 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 of ten 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 Section 3420(B). B. 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 Section 3417(A) together with interest thereon. C. 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. -12- D, 3420 A. a. The City may enforce the nuisance abatement lien by an action for a money judgment. Assessment of abatement costs against property. As an alternate to the procedure set forth in Section 3419, 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 of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. . 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 , After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. 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 Ukiah does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of (insert amount); 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 of California, and particularly described as follows: (insert description) DATED: (insert date) City Manager of the City of Ukiah, California -13- 8. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either, oral or in writing, between the parties hereto with respect to the terms and conditions contained herein, and contains all of the covenants and agreements between the parties with respect to this Agreement in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreements, statement, or promise not contained in this agreement shall be valid or binding. 9. GOVERNING LAW AND JURISDICTION of the State. This agreement shall be governed by and construed in accordance with the laws State of California as they apply to a contract entered into and performed in that Jurisdiction shall be in Mendocino County, California. 10. PLAIN MEANING This Agreement shall be interpreted in accordance with its plain meaning, neither for nor against any party. 11. HEADINGS AND CONTEXT The headings of this Agreement are inserted for convenience only and do not define, limit or extend the scope or intent of this agreement or any provision thereof. VVhen the context permits, a word or phrase used in the singular means the plural and when used in any gender, its meaning also includes all genders. 12. MERGER This Agreement constitutes the entire understanding between the parties as to the terms and conditions contained herein, all previous understandings being merged herein. 13. ADEQUATE ASSURANCES Each party shall execute, acknowledge and deliver such additional documents, writings or assurances as the other may periodically require so as to give full force and effect to the terms and provisions of this Agreement. 14. CONSTRUCTION OF AGREEMENT This Agreement has been reviewed by separate counsel for both parties. Any ambiguity existing in this Agreement shall not be construed against either party as the drafter of this Agreement. 15. TIME Time is of the essence of this Agreement. .?. 3424 A. a. C. D. 3425 A. judgment does not preclude the City from assessing costs against the property pursuant to the procedures set forth in this section. 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 gbilty of a misdemeanor for each day such violation continues. Without limiting the enforceability of any other statue, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to the 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 commercial zoning district as authorized by Articles 6, 7, and 8 of the Ukiah City Code (as amended or supplanted) of not less than one hundred fifty dollars ($150) or more than two thousand five hundred dollars ($2500) 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 the 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. 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. Nuisances endangering public health. Whenever a nuisance endangering the public health is ascertained to exist on any premise, 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. -15- B, 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) per day. SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this ordinance are severable. SECTION 3: This Ordinance will take effect on the 31 st day following its final passage and adoption. INTRODUCED BY TITLE ONLY ON VOTE: , 2002, BY THE FOLLOWING ROLE CALL AYES: NOES: ABSENT: ABSTAIN: PASSED AND ADOPTED this ROLE CALL VOTE: AYES: NOES: ABSENT: ABSTAIN: day of__ ,2002, BY THE FOLLOWING Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk APPROVED AS TO FORM: By: David Rapport, CITY ATTORNEY -16- ITEM NO: 9c DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF REVISED NUISANCE ORDINANCE SUMMARY: Last year, the City Council began discussing the concept of a Nuisance Ordinance that would combine the existing nuisance related provisions of the Ukiah Municipal Code into one Article, and establish new provisions for nuisances not previously addressed in the Code. At the conclusion of the discussions, the Council directed Staff to modify the preliminary draft, and return with a revised version for continued Council discussions. This Agenda item is intended to present a revised draft Nuisance Ordinance for discussion, and to seek direction from the Council. Revised Draft Ordinance: The preliminary draft Nuisance Ordinance presented to the Council last year, has been modified in the following ways: 1. The scope is limited to commercial properties only. 2. The definition of nuisances has been revised to be clearer and less vague. 3. A summary text and table have been included to assist readers in understanding the provisions of the draft Ordinance. The Sections regarding enforcement and legal procedures have been revised to reflect that the scope of the Ordinance is limited to commercial property only. (Continued on page 2) RECOMMENDED ACTION: Discuss the revised Draft Nuisance Ordinance, and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTION: Do not discuss the revised Draft Ordinance. Citizen Advised: Copies of draft Ordinance sent to interested groups, organizations, and individuals. Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Summary of Draft Nuisance Ordinance 2. Revised Draft Nuisance Ordinance A p p ROVE D: ~'~') ~~~~ Ca-~'-d~e Hor~l~y, (~it~j ~at~nager DISCUSSION OF MODIFICATIONS: The following text discusses the major modifications made to the draft Ordinance. Limiting the Scope to Commercial Property only: The original interest in developing a nuisance Ordinance came from the leadership of the Main Street Program, who expressed frustration with a number of commercial properties in the downtown that were in disrepair. Additionally, there has been an increase in citizen complaints concerning deteriorated storefronts/buildings, broken and abandoned signs, and unsightly commercial property. In response, and in an effort to facilitate the City's ongoing efforts to beautify our commercial corridors and downtown, Staff has limited the scope of the proposed Nuisance Ordinance to commercial properties only. The existing Ukiah Municipal Code provisions that pertain to residential property, such as the accumulation of trash and debris, barking dogs, inoperable vehicles, etc. will remain. Revised Definitions of What Constitutes a Nuisance: The list of nuisances has been revised in response to the Council's direction or to be applicable to commercial property only. The following table illustrates the language changes: ORIGINAL LANGUAGE E. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti is allowed to remain for more than forty-eight (48) hours; F. Broken or boarded-up/obscured windows; O. Any front yard area which lacks turf, other planted material, decorative rock, bark, or similar landscaping treatment/materials. Q. Use of parked or stored recreational vehicles as living space; R. Animals, livestock, poultry or bees kept, bred or maintained for any purpose and in violation of any provision of the Ukiah Municipal Code; REVISED LANGUAGE 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; F. Broken windows or windows boarded-up with unpainted unattractive materials attached to the exterior of the building, or unattractive products adhered to/covering the inside of the window; O. Any area in front of a commercial 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. Q. Use of parked or stored recreational vehicles as living space on commercial property; R. Animals, livestock, poultry or bees kept, bred or maintained for any purpose (other than a legally permitted kennel) and in violation of any provision of the Ukiah Municipal Code; 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. FF. Continuous Yard Sales. 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 commercial land use. FF. Outdoor sales being conducted without required permit(s). RECOMMENDATION: Discuss the revised Draft Nuisance Ordinance, and provide direction to staff. SUMMARY OF THE DRAFT COMMERCIAL PROPERTY NUISANCE ORDINANCE Background: Last summer, the Planning Commission conducted a public workshop, and the City Council conducted a public hearing to begin discussing the idea of putting together a Nuisance Ordinance for the City. The project was initiated by staff after a series of complaints from the general public and the Ukiah Main Street Program concerning a number of unsightly structures and conditions of land. The preliminary work produced by staff combined already adopted provisions of the Ukiah City Code with new regulations aimed at making the City safer and be more visually appealing. After discussing the preliminary draft, and hearing from the public, the Council concluded that the first cut was too "knit-picky" in some areas, and overly vague in others. The Council also felt that too much of the language was subjective, and therefore would be very difficult to enforce. There was also considerable discussion concerning whether or not the Ordinance should be limited to just commercial property. Staff was directed to tighten up the language and focus on the nuisances that posed a direct threat to health and safety, and clear and obvious aesthetic impacts. In response to this direction, as well as the comments provided by the City Attorney, staff has revised the Preliminary Draft. It has been revised to address nuisances on commercial property only, because the existing City Code already includes regulations for addressing a wide variety of nuisances on residential property. Additionally, the impetus for this effort came from complaints about commercial property, so its focus has been narrowed accordingly. Summary: The Draft Nuisance Ordinance prohibits nuisances on private commercial property. The nuisances pertain to all commercial property in the City limits regardless of individual commercial zoning classifications or historic uses. The types of nuisances listed and defined in the Ordinance pertain primarily to health, safety, and visual quality. The purpose, spirit, and intent of the Ordinance is to protect the public health and to improve the visual quality and business climate of the commercial areas in the City. The following Table provides a listing of the proposed nuisances and an indication if it is currently contained in the code, or if is to be a new "nuisance." NUISANCE 1. Drainage of water onto a neighbor's property 2. Abandoned or partially destroyed commercial buildings 3. Not keeping the doors and windows of a vacant commercial building closed and secured 4. Graffiti on a commercial or public building or structure that remains for more than five (5) days 5. Broken, or cracked windows on a commercial or public building; or unattractively boarded- up/obscured windows unless the structure is undergoing a remodeling project. 6. Commercial buildings that are structurally unsafe or that don't have legal plumbing, access, ventilation, or that are a fire danger 7. Overgrown or dead vegetation that blocks the line of sight for motorists, impedes pedestrians, provides habitat for rats and vermin, or has an unsightly appearance CURRENTLY IN THE UKIAH CITY CODE X X X X (only for blocking line of sight for motorists) NEW CODE LANGUAGE X X X 8. Roofs, building exteriors, walls, fences, torn awnings, and driveways on commercial property that are defective, and unsightly/blighted 9. Deteriorated parking lots 10. Accumulating broken equipment, inoperable cars, lumber/building materials, abandoned boats, campers, etc., old furniture, and other similar junk in view from the public right-of-way 11. Keeping construction storage bins on a public street for more than 15 days without City approval 12. The area in front of commercial buildings that lacks turf, plantings, or decorative landscaping treatments, unless there is no suitable area 13. The keeping of farm animals, bees, and other animals (other than in a legally permitted kennel) 14. Using recreational vehicles for living space in a commercial area 15. The dumping of waste matter in the public right-of- way X X X (3 day maximum) X X X X 16. The dismantling, repairing, washing, and painting of equipment, vehicles, furniture, etc., for more than 72 consecutive hours unless included as a part of a legally permitted land use 17. Deteriorated unsightly signs 18. Temporary signs left displayed after the event has taken place 19. Accumulating garbage, litter, dirt piles, scrap wood, trash, gravel, concrete, refuse, hazardous materials, and other similar waste products in view from the public right-of-way 20. Outdoor sales unless approved by the issuance of a Use Permit (yes if sign poses threat to public health and safety or is officially abandoned) X X X X NOTE: 1. The above listed nuisances are summarized, and the exact language contained in the proposed Ordinance may be more comprehensive. ITEM NO. 9c] DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND UPDATE REGARDING SKATEPARK PROJECT In August 2001 staff provided Council with an update regarding the progress towards construction of a skatepark in Ukiah. At that time the City had two pending applications with the State of California Department of Parks and Recreation for park bond funds. The first was for a grant of $300,000 for the construction of a skatepark in Low Gap Park, west of the Ukiah Players Theater. The second application was for $200,000 for the purchase of the Fullerton property on Clay Street, adjacent to Carpenter Park, which included a parcel suitable to contain a skatepark. Staff has received notice that neither grant was approved and is returning the matter to the Council for discussion and further direction. Low Gap Park The Skatepark Committee has continued to discuss the benefits and constraints of the Low Gap Park site. The City is in the process of securing soil samples to determine if soil conditions are suitable for construction. In addition, City and Committee representatives, including Councilmember Larsen, have met with representatives of the Ukiah Players Theater to discuss their concerns should a skatepark be constructed adjacent to their facility. Theater representatives expressed a strong concern regarding noise impacts on theater presentations in addition to parking conflicts, and availability of restrooms. In addition to meeting as a group, the Skatepark Committee has welcomed theater representation at its monthly meetings. RECOMMENDED ACTION: After discussion provide direction to staff. (Continued on Paqe 2) ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A City Council Larry W. DeKnoblough, Community Services Director~/..~:' t~ Candace Horsley, City Manager Attachments: 1. Clay Street Assessor's Parcel Map APPROVED: ,~_"'_. t,~.~.,~'~ .,._ LB/ZIP1 Candace Horsley, City'~anager Skatepark3.Asr The noise issue is particularly difficult for the Theater as the weekend matinees occur during hours in which the skatepark would typically be at peak activity. In order to ventilate the theater building during warm periods, the cupolas on the theater roof are opened and consequently the skatepark noise would spill in. The option of closing the park during matinees was discussed, however, the summer afternoon hours are prime for use of the skatepark. Consequently, a noise analysis by a professional consultant would be needed to determine the park's actual impact on the theater and subsequent mitigations. Staff has also met with High School Principal, Dr. Phil Gary, and his staff who expressed strong opposition to the Low Gap site. It is their concern that containment of the School population during school hours would be severely compromised by the skatepark and that undesirable non-school individuals will be attracted to the park and have access to students. Dr. Gary is also concerned that concentrating the skaters across from the high school will result in spillover skateboard activity on school property. To the positive, the Low Gap site is centrally located between the high school and Pomolita Middle School and is part of a larger community park where several other multi-generational, recreational activities occur. Being near the schools is important as the majority of skaters are between the ages attending the middle school and high school and the Low Gap site would provide the most immediate access for this group. Locating the faciility in a park, surrounded by other activity is an important factor in maintaining the parks quality and reducing vandalism and graffiti. Clay Street/Fullerton Property The subject properties are adjacent to the north boundary of the Grace Hudson Museum and Carpenter Park. Staff proposed the use of grant funds for property acquisition due to its location, which provides an opportunity to reassemble properties comprising the original boundaries of the Carpenter-Hudson estate and provide future opportunities for expansion of the Museum and park grounds. There are three separate parcels included in this property, which are identified for the Council in Attachment #1. Parcels #1 and #2 on the site map had previously contained the Fullerton Equipment Rentals building and equipment yard. Parcel #3 is the previous site of several sub- standard Iow income housing units, which were removed several years ago and the property is now undeveloped. All three properties are now in the control of Mr. Trenton Fullerton who has indicated a desire to sell the properties. The size of all three properties is approximately 57,000 square feet with an appraised value of $304,000. Parcel #3,is approximately 21,500 square feet and vacant at this time. Staff considers this parcel to be an excellent alternative site for a skatepark due to its location, size, and configuration. The property is on the east side of the Fullerton building, which would act as a considerable buffer between the skatepark and Museum grounds. It is 100 feet wide and 215 feet deep, rectangular in shape, and more than adequate to contain a sizable skatepark with perimeter landscape amenities. The property is centrally located and near mass transit. At a recent Sun House Guild Board of Directors meeting, the City Manager, discussed with the Guild the potential for a skatepark on this property. The Guild expressed enthusiastic and unanimous support for acquiring the property and constructing a skatepark on the site. It is the Guild's position that acquiring the historic properties and expanding the park grounds is a priority but also that introducing youth activity and promoting positive family activities in the park will minimize occupancy of the park by transients and undesirable activities. The existing structure on parcel #2 would also provide a much needed location for Parks operations, which are currently housed jointly with Golf operations at Anton Stadium. Staff is currently experiencing security issues at Anton Stadium as this location is inadequate to house the equipment belonging to both divisions. The Fullerton building and property is centrally located in respect to the various park sites and designed for equipment storage and maintenance. As the current round of park bond grant funds will not be available for the acquisition and it appears, based upon information from State Parks representatives, that the second bond will not be available for approximately two years, staff is presenting this item to the Council for discussion of alternative funding. One such alternative could be the disposition of the North State Street Fire Station property. With the closure of the temporary homeless shelter, this property is only partially occupied by the American Red Cross. While the state chapter of the Red Cross has paid the previous arrears in rent and utilities to the City, Red Cross representatives have indicated the need for substantial monthly financial support in the form of reduced rent and full utility assistance from the City in order to maintain occupancy of the site. Separate from the tenuous Red Cross occupancy, staff does not foresee a viable City use of the property. Should the Council determine to retain the site, staff anticipates the property will require substantial building maintenance and repair costs in the near future. The building siding has deteriorated and will require replacement, the HVAC units are scheduled for replacement, and the roof is from original construction. These improvements will likely exceed $20,000. In addition, the parks staff is required to maintain the grounds, irrigation, and parking lot. Staff has received several inquiries of interest in purchasing the property since the fire station closed, one of which was in excess of $700,000. Should the Council determine to consider disposal of the property it would need to be determined surplus, by former action. Once the Council has declared the property surplus and before the property is offered to the general public for sale, the City must offer the property for Iow and moderate income housing, park and recreational purposes, and school or school open space. Staff is presenting this item to the Council at this time in order to provide an update regarding the skatepark project and to provide the Council with information upon which to discuss funding alternatives for the project. , . l ~d .,ted Z g. £Z o £gg ' I I I I '1 I I I ITEM NO. lOa DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION'MAKING APPOINTMENTS TO AIRPORT COMMISSION, INVESTMENT OVERSIGHT COMMITTEE, PARKS, RECREATION, AND GOLF COMMISSION, AND PLANNING COMMISSION Effective June 30, 2002, the following vacancies occurred: Airport Commission (one), Investment Oversight Committee (one), Parks, Recreation, and Golf Commission (three), and the Planning Commission (two). A notice was posted and sent to the media regarding these vacancies with the deadline of June 27, 2002. On June 26, 2002 Planning Commissioner Loewenstein submitted his resignation affective June 27, 2002. As of the June 26 deadline, insufficient applications were received to fill all of the vacancies on the Parks, Recreation, and Golf Commission. On June 26, the City Clerk's office extended the deadline for all commissions to July 11, 2002 at noon. The City Council will interview the applicants, with the exception of the Investment Oversight Committee, on July 17, 2002, beginning at 4:00 p.m. in the Council Chambers. The following applications were received in the City Clerk's office by that deadline: Airport Commission: Bill R. Beard, Dottie Deerwester, Julie Rogers, and Maynard Wachs Investment Oversight Committee: Monte Hill Parks, Recreation, and Golf Commission: Dottie Deerwester, Shirley Ann Dietrick (Women's Golf Club) and Frederick Koeppel Planning Commission: Paul Andersen, Kathleen'Edwards, William D. French, Jr., James Mulheren, Judy Pruden, and Melody Ann Valles Continued on Page 2 RECOMMENDED ACTION: Adopt Resolution making appointments to the Airport Commission, Investment Oversight Committee, Parks, Recreation, and Golf Commission, and Planning Commission. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for all or selected vacancies and reschedule appointments accordingly. Citizen Advised: Applicants notified of interviews Requested by: Ukiah City Council Prepared by: Marie Ulvila, City Clerk ~-~2~J. ~vj~z,~.~~,'' Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution making appointments to the Airport Commission, Investment Oversight Committee, Parks, Recreation, and Golf Commission, and Planning Commission 2. News Release announcing vacancies 3. Terms of City of Ukiah Boards and Commissions 4. Summary of Applications and Investment Oversight Committee application 5. Resolution 2001-61: Procedure for Filling Vacancies on City Commissions APPROVED:~~-~ ~~ Candace Horsley, City'~anager Page 2 The City Clerk's office rejected an application for the Planning Commission that was submitted by a citizen who resides outside the City limits. Per Resolution No. 2001-61, adopted by the City Council on June 6, 2001, the City Council will conduct interviews of new applicants for the Airport Commission, Planning Commission, and Parks, Recreation and Golf Commission. Incumbents seeking reappointments for an additional term are exempt from the interview process, but may be interviewed if desired. Per Council policy, the nominations for Commission/Committee vacancies are rotated among Councilmembers. The responsibility for the initial nominations at this time are: Airport Commission: Councilmember Libby Investment Oversight Committee: Mayor Ashiku Planning Commission: Councilmember Libby Parks, Recreation, and Golf Commission: Councilmember Smith ASR: Commission Appointments 071702 ~TTACHMENT / RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE AIRPORT COMMISSION, INVESTMENT OVERSIGHT COMMITTEE, PLANNING COMMISSION, AND THE PARKS, RECREATION, AND GOLF COMMISSION WHEREAS, the annual expiration of terms for City Commissions occurred on June 30, 2002; and WHEREAS, the vacancies were duly' advertised until the close of applications on June 27, 2002, with submitted applications timely received and submitted to Council for consideration; and WHEREAS, the City Council previously requested Airport COmmission, Investment Oversight Committee, Planning Commission, and Parks, Recreation, and Golf Commission applicants who were interviewed on July 3, 2002, to be forwarded for consideration at this time; and NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approved the nominations submitted per procedures outlined in Resolution No. 2001-61, and do hereby appoint the following persons to terms on the following Commissions: AIRPORT COMMISSION to fill a term to June 30, 2005; INVESTMENT OVERSIGHT COMMITTEE to fill a term to June 30, 2004; PARKS, RECREATION, AND GOLF COMMISSION to fill a term to June 30, 2004; to fill a term to June 30, 2004; to fill a term as Ukiah Women's Golf Club representative to June 30, 2004; PLANNING COMMISSION to fill a term to June 30, 2004; to fill the unexpired term to expire June 30, 2004; PASSED AND ADOPTED this ~ day of July, 2002, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolutions: Appointments to Commissions July 2002 NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: June 27, 2002 Immediately Deadline Extended for Vacancies on City of Ukiah Commissions Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there are two vacancies on the Planning Commission. One vacancy is for a term expiring June 30, 2002. The second vacancy is due to the resignation of a Commissioner whose term expires June 30, 2004. The deadline has been extended to July 11,2002, at noon, for interested individuals to submit applications for commissions as listed below. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer for the terms as outlined below, may apply for these upcoming vacancies. Current Commissioners may be eligible to reapply. COMMISSION NUMBER OF LENGTH OF RESIDENCY VACANCIES TERM REQUIREMENT Airport Commission 1 3 Years * Resident within the Sphere of Influence Investment Oversight 1 2 Years City Resident Committee Parks, Recreation, and 3 3 Years 2 -City Residents Golf Commission 1- Women's Golf Club representative Planning Commission 2 3 Years City Resident Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, or call 463-6217 for an application to be mailed, faxed, or emailed to you. The submittal deadline is Thursday, July 11,2002, at noon. Interviews for selected commissions will be held and appointments considered at the regular City Council meeting on July 17, 2002. Marie Ulvila, City Clerk If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. KUKI/KIAH KPFM Press Democrat KWNE KOZT Ukiah Daily Journal KFWU KZYX KMFB KNTI PR:Commission V~)~n~iL~l~l~/~,~e~%d~,l~r~E2~j(~AH, CA 95482-5400 Phone# 707/463-6200 FaxC¢ 707/463-6204 Web Address: www. cityofukiah.com NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: June 3, 2002 Immediately Vacancies on City of Ukiah Commissions Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there will be vacancies occurring on the Airport Commission, Investment Oversight Committee, Parks, Recreation, and Golf Commission, and the Planning Commission, effective June 30, 2002. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer for the terms as outlined below, may apply for these upcoming vacancies. Current Commissioners may be eligible to reapply. COMMISSION NUMBER OF LENGTH OF RESIDENCY VACANCIES TERM REQUIREMENT Airport Commission 1 3 Years *Resident within the Sphere of Influence Investment Oversight 1 2 Years City Resident Committee Parks, Recreation, and 3 3 Years 2 -City Residents Golf Commission 1- Women's Golf Club representative Planning Commission 1 3 Years City Resident Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, or call 463-6217 for an application to be mailed or faxed to you. The submittal deadline is Thursday, June 27, 2002, at noon. Interviews for selected commissions will be held and appointments considered at the first regular City CQuncil meet, ing on July 20.02.. Marie Ulvila, City Clerk If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. *(Sphere of Influence boundaries=ridge top to ridge top, Highway 20 to Burke Hill Road) KUKI/KIAH KPFM Press Democrat KWNE KOZT Ukiah Daily Journal KFWU KZYX KMFB KNTI PR:Commission Vacancies June 2002 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com ATTACHMEI~' TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of June 27, 2002 *Next Councilmember to nominate for appointment to this Commission/Board. Planning Commission-3 year term - (Libby*) Judy Pruden Joe Chiles Mike Correll Robert Wallen Vacancy (Gaither Loewenstein resigned 6/27/02) Date of Current Present Term Appointment Expires 7/17/99 6/30/02 7/05/00 6/30/03 7/05/01 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 Airport Commission - 3 year term ** - (Libby*) **Allen Rogina **Ken Fowler - Chairperson Mark Ashiku Michael Whetzel James Mulheren 8/04/99 6/30/02 6/30/01 6/30/04 6/30/01 6/30/04 6/30/01 6/30/04 6/30/01 6/30/04 ** Two Commissioners may reside within the Sphere of Influence Parks, Recreation, and Golf Commission - (Smith*) Jon Henderson Judith Waterman - Women's Golf Club **Faye Hefte - Golf - Public Member Chamise Cubbison Robert Beltrami Perry Ramsey - Men's Golf Club **Fredrick Koeppel- Public Member 7/05/98 6/30/04 7/05/O0 6/3O/02 7/05/00 6/30/02 7/05/01 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 3/6/02 6/30/02 ** Two Commissioners may reside within the Sphere of Design Review Board - (Ukiah Redevelopment Agency - 3-year term - Commissioner Baldwin*) *Donna Berry 7/18/01 6/30/04 *William P. French, Jr. 7/18/01 6/30/04 *Estok Menton 7/18/01 6/30/04 *Richard Moser 7/18/01 6/30/04 **Marge Boynton Moynahan 7/18/01 6/30/04 Five persons with design experience: four shall reside, or own real property or a business within the City of Ukiah City Limits;*one shall represent the community at large with no ownership or residence requirement. Investment Oversight Committee - Public Member 2-year term - (Ashiku*) Phillip Ashiku - Mayor Roy Smith - City Councilmember Candace Horsley - City Manager Gordon Elton - Finance Director Allen Carter - City Treasurer, Chair Monte Hill- Public Member 7/05~00 6~30~02 Terms: June 27, 2002 Page 1 of 2 TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of March 6, 2002 Traffic Engineering Committee - (Libby*_) Benjamin Kageyama (Public Rep.) Kevin T. Cotroneo (Public Rep.) Doug Pliant (MTA Rep.) City Manager - Candace Horsley City Engineer- Diana Steele Police Chief - John Williams Planning Director - Charley Stump Superintendent of Public Works - Jim Looney Date of Current Appointment 10/06/99 11/07/01 11/07/01 Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Bill Webster (appointed by employees on 10/25/99) Dan Saylor (appointed by two other members) Present Term Expires City Representative on the Library Advisory Commission Ann Fatch 11/04/92 Demolition Permit Review Committee - 2 year term (Larson) Director of Community Development Director of Public Works/City Engineer Building Official Chair of Design Review Committee Mendocino County Historical Society representative - Judy Pruden City of Ukiah Resident - William D. French, Jr. 5/15/02 5/15/02 5/15/04 5/15/04 City of Ukiah Disaster Council Mayor - Phillip Ashiku 12/20/00 Councilmember- Kathy Libby 12/02/98, City Manager - Candace Horsley 12/02/98 Assistant City Manager - Albert Fierro 2000 Police Captain - Chris Dewey 2000 Fire Operations Captain - Bill Woodworth 11/05/97 City Attorney - David Rapport (no vote) 11/05/97 Federal, State and Local Organizations: American Red Cross California Dept. of Forestry Mendocino Emergency Services Authority Mendocino Transit Authority Pacific Bell Pacific Gas and Electric Radio Amateur Civic Emergency Services (R.A.C.E.S.) Cultural Arts Advisory Board - Mayor* Currently Inactive Chair First Vice Chair Second Vice Chair Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator- Mike Harris Terms: June 27, 2002 Page 2 of 2 ATTAGHMENl ._o o o ~ E EE · ~ ,~ E E E '-- 0 0 0 · .~il 0 0 0 0 ~ooo oo o~ oo 0 0 ~ ~ ~ ~ .... ~ ~ .... ~ ,~ ,~ ~ ,~ ,~ ~o~ ~ ~ o o 0 ~ 00 Oo o~ 00oo~ ~0~ ~000~ ~~~0 ~o .oo .~ ~~ ~0~~00~ ~ ~0 ', '~ '~ 0 0 0 0 0 0 0 0 0~ ~ ~ 0 0 0 oJ o o r- DATE: June 10, 2002 CITY OF UKIAH APPLICATION FOR APPOINTMENT INVESTMENT OVERSIGHT COMMITTEE 2002 CIYY OF UKIAH Cl~ CLEP~K'S DEP^RT~ENT I am applying for an appointment as the Public Member of the Investment Oversight Committee for the City of Ukiah. 1. Name Monte J._ Hill 2. Residence Address 1308 W. Ciay St., Ukiah, CA Res. Phone 707/462-2672 3. Employer First Union Securities, Inc, Jobtitle Investment . ~; Employed since Officer 4. Business Address 302 s. School St., Ukiah, CA BUS. Phone 707/462-7513 1984 5, How long have you resided in Ukiah?, '.37 years; Mendocino Count,,,? 37 California? 6o __ ,, Please list community groups or organizations you are affiliated with or elected or appointed positions you have held: : Please see resume Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve the City of Ukiah in this capacity? 8. What experience do you have that qualifies you to carry out the duties and responsibilities as a member of the Investment Oversight Committee? 9. Do you currently Conduct any business with the City as a vendor, supplier, or independent contractor? 10. Please be specific in describing your experience in the management of a multifaceted investment portfolio. ! 1. How extensive is your experience relating to municipal investing? Are you familiar with the State requirements associated with local government investments? 12. 13. Describe any previous experience you have had with municipal government finances. What types of internal controls would you recommend for the City's investment committee? 14. Why should the City Council appoint you to this position? When submitting this application, please attach a complete resume covering your education, career, and community experience. Please return this application and attachments to the City Clerk by Noon on Thursday, June 27, 2002. Thank you for your interest in serving the City of. U~~ Date City of Ukiah, 300 Seminary Avenue, U.kiah, CA 95482-5400 Forms: Investment Oversight Committee Application Revised: 5/16/02 Phone: 463-6217 Fax: 463-6204 . o o 10. 11. I have served two terms as the public member of the I.O.C. I found it interested and felt I had something to offer to the process. I would like to continue with my position on the committee. I have served two terms as the public member of the I.O.C.. I have over 21 years of experience as a investment advisor. No I have directed investments for clients representing various stages of life for over 21 years. have developed and executed investments for various risk profiles. I am very familiar with most market investment vehicles. My municipal investing experience and familiarity with regulatory requirements has come from my previous service on the I.O.C.. 12. Same answer as 11 and I am familiar with the municipal bond market. 13. 14. An investment policy statement that minimizes risk without restricting allowable and prudent investments. I am a known quantity and value from previous service. I will contribute advice formed from 21 years of experience with investments in the securities markets. RESUME MONTE J. HILL NAME: MONTE J. HILL BIRTHDATE: SEPTEMBER 5, 1941 PLACE: SEBASTOPOL, CALIFORNIA EDUCATION: ELEMENTARY: SEBASTOPOL, CA HIGH SCHOOL: ANALY HIGH SCHOOL 1958 COLLEGE: B.S. PHARMACY - UNIVERSITY OF PACIFIC, Stockton, CA - 1963 MILITARY: .. California Army National Guard (CALARNG) 1963-69 State Service Ribbon-2clusters Honorable Discharge Rank: E-6 (Staff Sergeant) FAMILY: Married 11/14/64 Wife: Kay - Resource Specialist Yokayo Elementary School Children: Kristine: BA Business / Marketing - Sacramento State University - 1988 Craig: BA Industrial Technology / Polymer Science - Chico State University - 1990 CHURCH: St. Mary's of the Angels Lector, Finance Committee, Physical Plant Study Committee, Parish Council, Building Committee Knights of Columbus, St Mary's School Board of Education (1973-75) Debt No More by 2004 Committee (2001-present). CAREER: 1965-78 Managing Partner - Medico Drug Co., Ukiah CA 1978-81 Winemaker - Parducci Wine Cellars, Ukiah, CA 1981-84 Stockbroker - Paine Webber, Ukiah/Santa Rosa, CA 1984-present Investment Officer - First Union Securities, Inc., Ukiah, CA (formerly EVEREN Securities, formerly Kemper Securities, formerly Bateman Eichler, Hill Richards). PROFESSIONAL: Mendocino County Pharmaceutical Association - Founding Member Redwood Health Foundation - Peer Review Committee (1968-78) Dale Carnegie Graduate - Speaking and Human Relations Bateman Eichler, Hill Richards - Century Club (1986-90) Kemper Financial Services - Executive Council Kemper Securities - Chairman's Circle of Excellence California Community Colleges - Lifetime Limited Service Credential' LICENSES: California State Board of Pharmacy, California General Life & Variable Annuity, Securities Exchange Commission Series 7, Chicago Board of Trade Series 3 SERVICE CLUB: Ukiah Rotary Club (1966-present) ' President (86-87), Paul Harris Fellow, Chairman Polio Drive (87-88) COMMUNITY: Heart Fund Drive - Chairman (1966) Junior Achievement - Board of Directors (1967-69) Downtown Merchants Association - President (1969) CYO - Basketball Coach (1972-75) Mendocino Community College - Citizen Advisory Committee - Athletics (1975-76) Campaign to re-elect Don Clausen - County Chairman Mental Health Association - Board of Directors . ,, . 1 . . UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE JULY 17, 2002 8:00 P.M.* ROLL CALL AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency 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 ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. APPROVAL OF MINUTES a. Regular Meeting of May 15, 2002 NEW BUSINESS a. Adoption of Resolution Approving County of Mendocino Request for Use of a Portion of County 20% Housing Setaside Funds (Rural Communities Housing Development Corporation, Orchard Manor and Orchard Village) b. Approval of Performance Agreement With Greater Ukiah Chamber of Commerce Consideration and Approval of Performance Agreement with Ukiah Main Street Program C. COMMISSIONERS REPORTS EXECUTIVE DIRECTOR REPORTS CLOSED SESSION a. Conference with Real Property Negotiator, Government Code §54956.8 Property: Assessor's Parcel Nos. 180-08-30, 180-11-02, 180-11-06 Owner: Gary Akerstrom Negotiator: Candace Horsley Under Negotiation: Terms and Conditions ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. RESUME: Monte J. Hill COMMUNITY: cont. Chamber of Commerce - Board of Directors (1968-70) (1992-96), Chairman 4th of July event 1993, 94, 95, 96, Economic Development Committee - Vice Chair Grace Hudson Museum Endowment Fund - President (1992-present) Masonite Corporation- Citizens Advisory Committee (1995-96) Mendo Lake Credit Union - Board of Directors (1999-present) MPIC Inc.- Chairman (2001-present) CIVIC SERVICE: County Board of Supervisors: Private Industry Council - Vice Chair (1987- 2000) Overall Economic Development Committee (1991- 1997) Option 9 CERT Project Review Committee (1994 - 1997) Workforce Investment Act Taskforce (1999- 2000) Workforce Investment Act Board of Directors (2000- present) Mendocino Council of Governments: Development Corporation Steering Committee Economic Financing & Development Corporation - Board of Directors (1995-96) City of Ukiah: Ukiah Business Development Center - Loan Committee Investment Oversight Committee (1996-present) MEMBERSHIPS: American Legion Cal Trout Cannibal Club USA Friends of Wine HOBBIES: Flyfishing, traveling, gardening, woodworking, cooking, wine tasting. ATTACHMENT_..~- RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code § 1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and Councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the Commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. The City Council has determined that interviews will be conducted for applicants of the Planning Commission, the Parks, Recreation and Golf Commission, and the Airport Commission. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: a. Incumbents seeking reappointment for an additional term; b. Elected officials seeking appointment in their capacity as elected officials; c. City staff seeking appointment in their capacity'as City staff; d. All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; e. City Council members, including the Mayor, appointed in their capacity as City Council members; and f. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. 3. Nominations. Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. C, A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Councilmember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board. 1. The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. 2. When another vacancy must be filled on that commission or board, the next Councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 6th day of June, 2001, by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku NOES' Councilmember Libby ABSTAIN' None ABSENT: None Philip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk AGENDA SUMMARYREPORT ITEM NO.: t 0t~ DATE: JULY 17, 2002 SUBJECT: UPDATE REGARDING THE UKIAH C.A.R.E.S. AND OTHER PROGRAMS ELIGIBLE TO UTILIZE PUBLIC BENEFIT FUNDS The City Council has requested periodic updated reports regarding the Ukiah C.A.R.E.S. program that assists Iow and moderate-income households with payment of their electric bills. Since September 2001 additional programs have been adopted to utilize money in the Public Benefit Fund, which will be part of these updates. The fund now uses money to cover the costs for Ukiah C.A.R.E.S. benefits to Iow and moderate income families; the lease and operation of four electric vehicles being used by the Parking District Meter Enforcement Officers and the Utilities' Electric and Water Meter Readers; the Domestic and Commercial Photovoltaic Electric Rates; and the Energy Conservation Program. This report will project the longevity of the fund by outlining the expected expenses for all programs. The Council determined that a balance should remain in the Public Benefit Fund, which is currently about $1.5 million. This continues to be funded by 2.7% of electric revenues each year plus interest calculated at an average of 4%. The anticipated expenses for the fiscal year of 2002-03 are expected to be about $810,093. The increase is due to a one-time Geo-Thermal investment of $450,000, increasing participation in Ukiah C.A.R.E.S., and new programs recently approved which will create expenses to the fund. This report will describe each program's components and show how the longevity of the Public Benefit Fund may be impacted if changes or additions are made. Ukiah C.A.R.E.S. The C.A.R.E.S. program was adopted in June 1998 and implemented in October 1998. Since then, the Council has periodically approved increasing benefits. The initial benefit, which helped pay the electric charges on Iow and moderate-income households' utility bills, was $200 annually for Temporary Emergency Assistance and monthly discounts of $6.02 to Senior households only. The current levels of assistance are: Emergency Assistance, $300 during each twelve-month period; a monthly discount of $18.06 to eligible Seniors; and a monthly discount to all other eligible households of $14.45 toward payment of their electric charges. (Continued on page 2) RECOMMENDED ACTION: Receive report, discuss elements of the Public Benefit Fund and provide direction to staff regarding possible changes to existing programs, additional projects to be implemented, or maintenance of the status quo. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Patsy Archibald, Customer Service Supervisor Candace Horsley, City Manager 1. Ucid~ C.A.R.E.S. Program Income Guidelines APPROVED: (~__.~'~ candace Horsley, (~ity ~nager PA:asrCARESmay'02.mw PARTICIPATION Actual expenses for providing these benefits are projected to be $182,800 for the fiscal year ending June 30, 2003. It is anticipated that the C.A.R.E.S. program will pay over $133,350 in assistance to benefit more than 625 Iow and moderate-income families this fiscal year with ongoing discounts and emergency aid toward their electric charges. Eligibility is determined on 150% of current Federal Poverty Income Guidelines after consideration of mandatory taxes and shelter costs (complete income guidelines are included as attachment #1). For example a three person household could have an annual net income of $36,562 and qualify to receive Emergency Assistance plus ongoing monthly discounts. Type of Assistance Number of households Currently Being Assisted Amount of Benefit EMERGENCY ASSISTANCE 315 up to $300 each 12 month period SENIOR DISCOUNTS 231 $18.06 $216.72 Monthly Credit Annual Credit MONTHLY DISCOUNTS 80 $14.45 $173.40 Monthly Credit Annual Credit MARKETING With increased marketing efforts, staff is expecting information regarding the program to reach more potentially eligible households in the community. Several strategies to market the C.A.R.E.S. program have been attempted since it was initially developed. The following marketing efforts have occurred and are still in place during different times of the year: · Informational flyers are inserted into the utility bills, City '~Velcome" packets, and individually mailed to customers. · The outside of each utility statement envelope reaching 8,000 utility customers each month has printed contact information to pro-qualify for eligibility. · Staff has conducted presentations about the program encouraging local Social Service and other agencies to inform their clients about the benefits. · Local newspaper and radio talk shows have promoted the program. · There was a television advertisement running on six different cable channels. The C.A.R.E.S. ad was on Discovery, Fox Family, Lifetime, TNT, USA and A&E three times a day between noon and midnight from mid-March through early June. Staff reports that they have received calls from interested individuals who have specifically stated they saw the ad on T.V. and wanted more information about the program; most of them are Seniors who have gone on to qualify. · A printed ad is in the 2002 City of Ukiah Recreation Guide that reaches over 18,000 households. The guide is directly mailed to every address in the 95482 and 95470 zip codes. Anyone receiving this publication could know a potentially eligible individual or family who could benefit from the program. PHOTOVOLTAIC RATES Rates for installing solar panels for residential and commercial customers were recently developed and approved. We have received some interest from several customers who have taken the application and rebate incentive information. ELECTRIC VEHICLES The City of Ukiah entered into a three-year pilot program with Nissan and four electric powered cars have been in operation since the beginning of the year. Two have been assigned to the Parking Enforcement Officers with the other two being used by the Meter Readers who read the electric and water meters. The cars are functional, highly visible, extremely quiet and operate on about 4 kilowatt hours of electric charge per vehicle per day. ENERGY CONSERVATION PROGRAM The City of Ukiah Energy Conservation Program is intended to enhance programs already available to City utility customers. This program is currently under development and is expected for Council consideration by the fall. Staff has met with North Coast Energy Services to discuss the feasibility of its offices determining eligibility for the rebates that would be issued to customers from the City Finance Department. This agency already offers to eligible households throughout the entire Ukiah area a variety of free services including weatherization of all types, free energy efficient refrigerators, free electric water heaters, free microwave ovens and free compact fluorescent lighting. Local appliance dealers are being contacted to request their participation in the approval process and disposal of appliances being replaced. The proposed City of Ukiah Energy Conservation Program, designed to enhance existing programs would provide two levels of rebates. Rebates for purchasing Energy Star~ appliances will be considered for all City of Ukiah customers including commercial businesses, with higher amounts provided to eligible Iow-income residential recipients. Possible Eliqible Rebates will include: > Maximum rebate per appliance type - $200.00 $1oo.oo ~ Total possible maximum rebate per address- $600.00 $3oo.oo Low-income resident All other City Customers Low-income resident All other City Customers Possible Elic~ible Enerqy Star ® labeled appliances will include: Manual defrost Refrigerators Dishwashers Clothes washers Stoves/ovens Air conditioning window units Evaporative coolers Possible Eliqible Weatherization Supplies will include: > Weather stripping > Caulking ~> Outlet Seals ~> Insulation Proposed Qualification Guidelines may include but may not be limited to: 1. Verification of: Income Appliance or Weatherization Supply Receipt Most recent City of Ukiah utility bill in customer's name 2. Rebates will be offered until funds are depleted. 3. Utility account must be in customer's name, active and must be paid before any rebates are issued. Customers may apply for the Emergency Assistance from CAL LIHEAP (State of California Low Income Household Energy Assistance Program) and/or C.A.R.E.S. to bring their utility bill current. 4. Appliances must be purchased new, at retail price, from an approved dealer. 5. Old appliance must be removed and discarded. 6. The City of Ukiah reserves the right to verify both the appliance sale and installation before a rebate is issued. 7. Rebates cannot exceed the purchase price of the appliance. Public Benefit Fund Projection of Utilization of Funds for all Programs Fund Balance Forward Projected 2.7% of Electric Revenue Interest @ 4% of end fund balance Ukiah C.A.R.E.S. Electric Vehicles Domestic Photovoltaic Rebate Commercial Photovoltaic Rebate Energy Conservation Program 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 1,546,119 1,164,902 1,197,555 1,207,797 1,191,453 1,139,075 367,000 367,000 367,000 367,000 367,000 367,000 61,876 46,596 47,902 48,312 47,658 45,563 182,841 203,691 227,408 254,404 285,158 320,214 9,252 9,252 9,252 9,252 13,878 13,878 18,000 18,000 18,000 18,000 18,000 18,000 100,000 100,000 100,000 100,000 100,000 100,000 50,000 50,000 50,000 50,000 50,000 50,000 Geo-Thermal (one-time expenditure) 450,000 Year-End Fund Balance 1,164,902 1,197,555 1,207,797 1,191,453 1,139,075 1,049,546 Ukiah C.A.R.E.S. figures are based on actual costs with an increase of 15% for Senior Discounts and Emergency Assistance and a 5% increase for Monthly Discounts. The Electric Vehicle costs are expected to increase by 50% at the end of the pilot program in 2006. The Photovoltaic rebate costs and Energy Conservation Program costs are limited to the maximum Council established for these programs. SUMMARY Benefits from Ukiah C.A.R.E.S. have assisted approximately 10% of the City's residential customers and marketing efforts continue to increase participation. The Energy Conservation Program development will be completed in the fall. At that time, more complete expense projections based on participation can be reported to the Council. It is staff's belief that the current programs utilizing Public Benefit Funds are viable and provide a wide range of benefits to the community based on the limitations of AB 1890. We recommend an update for Council's review in one year. Ukta S. City Assis~lief through Energy Support sponsored by City of Ukiah. .4dministered by the Salvation/lrmy. UKIAH C.A.R.E.S. PROGRAM (Temporary Emergency Assistance, Senior Discounts, Non-Senior Discounts) INCOME GUIDELINES JULY 1, 2002 THROUGH JUNE 30, 2003 Income considered for eligibility is MONTHLY OR ANNUAL NET INCOME (gross income minus mandatory taxes and rental expense) GROSS INCOME ~ 150% of FPIG NUMBER OF PEOPLE LIVING IN HOUSEHOLD 100 % of Annual Federal Poverty Income Guidelines Ukiah C.A.R.E.S* 150% of Annual Federal Poverty Income Guidelines C.A.R.E.S. C.A.R.E.S. MONTHLY NET ANNUAL NET CASH INCOME TOTAL INCOME OF HOUSEHOLD OF HOUSEHOLD 1-2 Persons $11,940 $1,493 $17,910 **Example of Net Income plus 25% taxes & $700 rent Monthly / Annual $2,566 / $30,788 3 Persons $15,020 $1,878 $22,530 $3,047 / $36,563 4 Persons $18,100 $2,263 $27,150 $3,528 / $42,338 5 Persons $21,180 $2,648 $31,770 $4,009 / $48,113 6 Persons $24,260 $3,033 $36,390 $4,491 / $53,888 7 Persons $27,340 $3,418 $41,010 8 Persons $30,420 $3,803 $45,630 9 Persons $37,952 $4,744 $56,928 10 Persons $40,852 $5,107 $61,278 $4,972 /$59,663 $5,453 /$65,438 $6,630 /$79,560 $7,083 /$84,998 C.A.R.E.S. amounts represent 150% of Federal Poverty Income Guidelines. Examples are meant to represent a POSSIBLE NET INCOME to compare to the 150% FPIG amounts for determining eligibility to the program. Figures may change based on the household's level of withholding, number of exemptions claimed, single or married status and amount of rental expense. Over 10 people add $4,550 annually or $379 monthly for each additional person per household. Eligibility is determined by The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 ITEM NO. 10¢ DATE: July 17, 2002 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF FUNDING ALTERNATIVES FOR WASTEWATER TREATMENT PLANT EXPANSION BACKGROUND: The Wastewater Treatment Enterprise budget adopted for fiscal year 2002/2003 included $3,000,000.00 for design of treatment plant expansion. The budget deferred identification of the source of funding to pay for this design to a future decision. The final funding plan requires agreement between the City Council and the Ukiah Valley Sanitation District (UVSD) Board of Directors before a contract for design services can be awarded. This item is intended to identify potential methods of financing the design and ultimate construction. STAFF REVIEW: The immediate question is funding of the design for the wastewater treatment plant upgrades. Both the City and UVSD have capital improvement funds that may provide some or all of the design funding. The question is what ratio of funding should come from UVSD sources and City sources. The more significant question is how the construction will be financed and how money will be generated to pay back the financing. Since the maximum dry weather flow experienced at the plant has been 3.8 million gallons per day (mgd), it is expected that an additional one million gallons per day capacity will be added during the expansion. This expansion would result in a new dry weather flow Continued on page 2 RECOMMENDED ACTION: Provide direction, related to the financing of the wastewater treatment plant expansion, to the City Council representative on the Ukiah Valley Sanitation District Board of Directors. ALTERNATE ACTYIONS: Provide no direction to the City Council representative on the Ukiah Valley Sanitation District Board of Directors. Requested by: Candace Horsley, City Manager ~,~ Prepared by: Gordon Elton, Finance Director and Darryl,/?~~ Barnes, Public Utilities Director Coordinated with: Candace Horsley, City Manager Attachments: 1. Wastewater expansion funding estimates Candace Horsefly, ~ity ~an~er Page 1 of 3 Funding of Wastewater Plant Expansion - continued capacity of 4.8 mgd. The standard capacity utilized per Equivalent Sewer Service Unit (ESSU) is 200 gallons per day. The projected capacity increase will allow for treatment of an additional 5,000 ESSUs. With construction costs, capitalized interest during the construction period and the costs of obtaining the financing initially estimated at $20 million, the total principal and interest payments necessary to retire the debt in 30 years range between $34.7 million and $39 million, depending on interest rates at the time the borrowing is completed. There are several methods of repaying the loan. Capital improvement (connection) fees and monthly user fees are the most likely sources of revenue. Grant money may be available, however at this time staff is unaware of any potential grants that fund wastewater treatment facilities like the proposed facility. If connection fees are identified as the source of revenue to repay the loan, the current connection fee of $1,000 will not generate sufficient revenue. A connection fee between $6,900 and $7,800, per ESSU, will be necessary to produce sufficient revenue to pay back the loan of $20 million if the payment is amortized over 5,000 ESSUs. The annual payments, if interest is between 4% and 5%, range from $1,156,602 to $1,301,029. Actual loan amounts and repayment requirements will be determined after the design process is completed and funding is obtained. The risk in depending on connection fees as the sole source of funding for annual debt payments is the likelihood that connections will not occur in sufficient quantities to generate the annual revenue necessary. Most lending sources will require a revenue guarantee from both the City and UVSD to assure that customer rates will be adjusted (increased) to generate net income, before depreciation and before the debt payment, equal to 1.25 times the annual debt payment. The annual payments noted earlier would require revenue increases between $1.445 million and $1.626 million. If it became necessary to increase monthly rates to generate this amount of additional revenue a rate increase in the 64% to 72% range would be necessary. An increase of this magnitude would result in the current rate of $16.51 per ESSU per month increasing to a rate between $27.07 and $28.39 per month. Even with steady revenue from connection fees, a rate increase may be necessary to provide the required net income. Any combination of connection fee increases and monthly rate increases, which generate the required income, to make the debt payment and meet the requirements will result in fees and charges within these parameters. GE :Wastewater Financing. agn Page 2 of 3 Funding of Wastewater Plant Expansion - continued If part of the costs is paid from existing funds, the amount financed is reduced and the corresponding connection fees or monthly service fees are also reduced. There are five funds to look at for funding of a portion of these costs: Fund Name & Number City/District Sewer Operations-#612 City/District Sewer Reserve-#615 City Special Sewer Capital-#620 Sanitation District Special Fund-#641 UVSD Special Sewer Capital-#650 Payment included in projections Fund Balance remaining Projected Fund Balance 6/30/02 $4,053,141 21,356 1,410,216 252,184 2,026,158 -3,000,000 4,763,055 Any discussion of utilizing Fund Balance to pay for a project is incomplete without the caution that the amount of the Fund Balance is NOT the amount of cash available to spend on a project. The Fund Balance is the net value of cash, deposits, receivables, accounts payable and other liabilities yet to be paid. Staff's estimate of debt payments includes the assumption that the initial design costs will be paid from these funds. The benefits of the projected expansion include adding capacity to provide service to new customers, both residential and commercial; improving reliability of the existing treatment plant and implementing improved treatment methods developed since the existing plant was configured. As mentioned during the budget hearing, there appears to be more developable land within the UVSD boundaries than there is within the City boundaries outside the UVSD area. Since there are two jurisdictions served by the wastewater system, a question to ask during the discussion of how the project will be paid for is: What is the relative benefit received by both current and future customers of each jurisdiction? The follow-up question is: Does the payment mechanism reflect the benefit received? Discussion and agreement between the City of Ukiah and the UVSD Board of Directors will be necessary before this project can continue. GE: Wastewater Financing. agn Page 3 of 3 WASTEWATER EXPANSION FUNDING ESTIMATES Attachment #1 July 17, 2002 Agenda item~ Design Costs Construction Costs Total Costs Cost of issuance & capitalized interest Less amount paid from Capital reserves Less amount paid by monthly rate increase Cost to be financed Years financed Annual percentage rate Annual Debt payment Coverage ratio Net income to be generated $ 3,000,000 $ 3,000,000 $ 16,000,000 $ 16,000,000 19,000,000 $ 19,000,000 4,000,000 $ 4,000,000 (3,000,000) $ (3,000,000) - $ - $ 20,000,000 $ 20,000,000 $ 30 $ 30 4% 5% $ 1,156,602$ 1,301,029 125% 125% $ 1,445,752$ 1,626,286 Construction Cost repaid by monthly rates: Current ESSUs Annual cost per ESSU $ Months/yr Monthly cost $ Current rate $ New monthly rate $ Percent increase 11,410 11,410 126.71 $ 142.53 12 12 10.56 $ 11.88 16.51 $ 16.51 27.O7 $ 28.39 64% 72% Construction Cost repaid by connection fees: Anticipated new ESSUs Annual cost per ESSU $ Months/yr Cost per new ESSU * $ Current rate $ New monthly rate $ Percent increase 5,000 5,000 289.15 $ 325.26 12 12 6,94O $ 7,8O6 1,000 $ 1,000 7,940 $ 8,806 694% 781% Revenue increase to generate coverage $ Rate increase to generate coverage $ 289,150 $ 325,257 2.11 $ 2.38 * Excludes the 125% coverage factor Wastewater Funding Estimates Printed 7/10/02 Page 1 Sheet1 AGENDA ITEM NO: MEETING DATE: lOd 3uly 17, 2002 SUMMARY REPORT SUB.1ECT: DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE This year's League of California Cities Annual Conference is scheduled for Wednesday, October 2 through Saturday, October 5 in Long Beach. The annual business meeting, where the membership takes action on conference resolutions, will be held on Saturday, October 5~ at the Long Beach Convention Center. League bylaws allow any official of a member city, as designated by the City Council, to be a voting delegate or alternate delegate to any League meeting. The League is asking for the cities to select their delegate and alternate so that all names will be registered by September 6th. Council is requested to select a delegate and alternate for voting at the League Annual Conference. RECOMMENDED ACTION: Select delegate and alternate for voting at the League Annual Conference. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A League of California Cities Candace Horsley, City Manager N/A 1, Council committee assignments Approved: Candace Horsley, Ci~Manager COUNCIl. COMMITI~EE ASSIGNMENTS Northern California Power Agency (NCPA) Transmission Agency of Northern California (TANC) Greater Ukiah Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee Ix)cai Agency Formation Commission (LAFCO) Main Street Board of Directors Mendocino Council of Governments (MCOG) Mcndocino County Air Quality Management District PM-10 Incentive Committee Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino County Overall Economic Development Mendocino Solid Waste Management Authority (MSWMA) Mcndocino Transit Authority (MTA) Board of Directors Recreation Center Group Russian River Watershed Community Council Skateboard Park Committee Solid Waste Committee Sun House Guild ex officio liaison Ukiah Investment Oversight Committee Ukiah Valley Sanitation District (UVSD) Councilmember Smith Mayor Ashfi~u Alternate: Public Utilities Director Barnes Designate: Councfimcmber l~bby Alternate: Councilmcmber Smith Designate: City Manager Horsley Alternate Mayor Ashiku Designate: Mayor AslnKu (required) Mayor AshlKu - Chairman Councilmcmber Libby - First Vice-Chair City Manager Horsley - Second Vice-Chair ~ayor AshlKu Councilmembcr Smith/Vice-Mayor Baldwin Councllmember kabby Mayor Ashfl~u Councflmember Smith Uouncllmcmbcr Larson Alternate Councilmember Libby Councllmcmber 13aldw~n Councllmember l~bby Mayor Ashlku Mtcrnate: Vice-Mayor Baldwin U~ty Manager Horsley Councllmcmber Larson Councflmembcr ~Smlth Councfimember kabby Alternate: Councilmcmber Larson V~ce-Mayor tSaldwm Alternate: Councilmember Libby Councfimember Larson Alternate: Mayor Ashiku Mayor Ashlku Alternate: Councilmember Libby Uouncllmember Labby Mayor Asluku Alternate: Councilmember Smith Vice-Mayor tSaldwm Alternate: Councilmember Smith Economic Development & Financing Corporation (EDFC) Finance Review Committee Y an Ashfi~u Alternate: Vice-Chairman Baldwin Council:Committee Assignments-Sept 2001 Effective: January2002