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Home My WebLink About2001-07-18 PacketITEM NO. 3a DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY MENDOCINO COUNTY YOUTH PROJECT SUMMARY: Karin Wandrei from the Mendocino County Youth Project (MCYP) will be attending the City Council meeting to make a presentation regarding the organization's current activities and services. The Mendocino County Youth Project is a joint powers agency established by Mendocino County Office of Education, county school districts and city governments (including the City of Ukiah). MCYP provides counseling, social work, and advocacy services to school age at-risk youth and their families. RECOMMENDED ACTION: 1. City Council to receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Karin Wandrei, Executive Director of Mendocino County Y_outh Project Sage Sangiacomo, Community Services Supervisor~ Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director None APPROVED:i. ~.--"1~ Ca~-da(~e Horsley, lty Manager MZNUTES OF THE UK:L4H c~rY COUNC:EL Regular Meeting Wednesday, May 16, 2001 The Ukiah City Council met at a Regular Meeting on May 16, 2001, the notice for which had been legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Coun¢ilmembers were present: Larson, Smith, Libby, Baldwin (arrived at 6:34 p.m.), and IVlayor Ashiku. Staff present: Public Utilities Director Barnes, Airport IVlanager Bua, Community Services Director DeKnoblough, Police Administrative Captain Dewey, Assistant City IVlanager Fierro, City Manager Horsley, Associate Planner Lohse, Deputy Public Works Director Seanor, Public Works Director/City Engineer Steele, Planning Director Stump, Executive Assistant to the City IVlanager Yoast, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEG[ANCE Mayor Ashiku led the Pledge of Allegiance. URGENCY 11'EM Mayor Ashiku advised there is an Urgency 1:tern that needs to be included on the agenda. There is a need to take immediate action came to the attention of the City subsequent to the agenda being posted. The Urgency Ztem concerns "Resolution Approving Downtown Rebound Program and Pre- Development Grant for Seismic Assessment of the Palace Hotel." M/RC Smith/Larson to add the urgency item to the agenda as under New Business, item #12i; carried by unanimous consent of Council. 6:34 p.m. Councilmember Baldwin arrived at the meeting. 3. PROCLAMATZON 3a. Ukiah Area Diversity_ Awareness Day: May 20, 2001 Mayor Ashiku read the Proclamation declaring Hay 20, 2001 as Ukiah Area Diversity Awareness Day and urged all citizens to participate in Diversity Awareness Day activities and discuss diversity issues in appropriate venues. Robert Ducharme accepted the Proclamation and provided a poster and flyers concerning the event. He thanked Council for their support. 3. PROCLAMAT:[ON 3b.. Alternative Transoortation Week: May 14-18, 200~. Mayor Ashiku read the Proclamation declaring Hay 14-18, 2001, as Alternative Transportation Week in the City of Ukiah, and urged all who are able to take advantage of the benefits offered to those who ride a bicycle, walk, or ride an MTA bus to do so. Valerie Lawe and Sanj Balajee accepted the Proclamation and discussed the festivities planned for the event. They thanked the sponsors of the event and Council for their support. 3. PROCLAIMAT]ON 3c. Public Access on Cable Mayor Ashiku read the Proclamation declaring the City Council is supportive of the concept of Regular Meeting May 16, 2001 Page 1 of 18 having an effectively functioning public access television station serving the City of Ukiah. 4. :[NTRODUCTZON OF EMPLQYEE 4a.:l:ntroduction of New Employee: Pe_ooy Yee, Receptionist/Typist Clerk Executive Assistant to the City Manager Yoast introduced Peggy Yee as the City's new Receptionist to the Administrative Wing. She is responsible for greeting customers, answering the switchboard, and maintaining contact with the crews in the field by radio. 4b. Certificate of Honorable Mention to City Clerk Marie Ulvila City Manager Horsley explained the City submitted an "Award of Distinction Nomination Form" to the California City Clerks Association on behalf of City Clerk Ulvila, for her excellent organizational skills and exemplary service record. :in response, the Association sent a "Certificate of Honorable Mention" in recognition of her service to the City of Ukiah and the City Clerk's profession. 5. PRESENTATZQN 5a. Presentation from Nichols Consultin_a En0ineers, CHTD., Re_aardin0 the City_ nf Ukiah Pavement Mana~aement System Deputy Public Works Director Seanorexplained the Mendocino Council of Governments (MCOG) established a work element in their overall work program for fiscal year 2000-2001 to update the Pavement Management System database (PMS) for Ukiah, Willits, Fort Bragg, Point Arena, and Mendocino County. MCOG issued a Request for Proposals and awarded a contract to Nichols Consulting Engineers (NCE) in February 2001 to update the Pavement Management System. Since then, NCE has inspected all streets and roads in the incorporated cities and the County. George Wang, representing Nichols Consulting Engineers, explained Ukiah consists of 53 centerline miles/il2 lane miles of streets. A PHS consists of a pavement database to store inventory information, condition of the pavement, costs for certain treatment to pavement, and any maintenance history. The PMS can create a pavement deterioration model, it is a cost benefit analysis tool, and can be linked to a GIS. A PHS is a very powerful tool for engineers to assistwith planning and programming of the streets, it is a requirement for state funding, helps to project future street conditions, helps to make cost effective decisions, and provides citizen satisfaction. A Pavement Condition :Index (PC]:) is a rating of the paving condition on a scale range from 9 to 100, and the higher the PC:I values indicate, the better the pavement condition. He advised the Network PC:I is 67 and is a "good" condition category. He explained it is more effective to keep the streets that are already in good condition, "in good condition", than to wait until they fall into the category of "very poor" and try to bring it back into a "good condition". A needs analysis was conducted and it was determined it would cost approximately $10.5 million over five years in order to get the PC:I in the mid 80s. In summary, he recommended the City adopt a City Standard Network Pavement Condition Index. At a minimum, the City should maintain the current PC:I of 67. He recommended the City implement a Balanced Pavement Management Program, and that a minimum budget allocation of 10% goes toward deferred maintenance and preventive maintenance every year, and Council direct staff to identify funding options for allocating more resources to pavement rehabilitation. Councilmember Larson inquired if the PHS addresses traffic volumes and potential impact of those volumes on the deterioration of the pavement. Regular Meeting May 16, 2001 Page 2 of 18 Mr. Wang explained the PMS takes into consideration whether a street is an arterial collector or residential collector and this information can be stored inside the PHS. 5. PRESENTA1/ON 5b. Rer~ort on Status of Fiber Or,tics in Mendocino County_ - Cyndee Loqan Mayor Ashiku advised this presentation has been postponed until the next City Council meeting. 6. MTNUTE$ 6a. Reaular Meetin_o of March 21, 2001 M/S Smith/I.arson approving the minutes of the Regular Meeting of March 21, 2001, as submitted; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby stated for the record that her vote is"no" because "! stated that the Council action in regards to the City Clerk's pay raise was a slap in the face to the public, and the minutes surrounding this issue have been toyed with and do not project the essence of the positions taken that evening. ! don't feel these minutes are credible, and ! will not vote for the approval of them." ABSENT: None. ABSTATN: None. Mayor Ashiku requested in the future, if there is any objection to any item, that Councilmembers state their views prior to the vote. 6. MTNUTE~ 6b, Re~_ ular Meetin_~ of A_~ril 4, 2001 Councilmember Larson called attention to an error on page 11, the second sentence of the paragraph that begins with "Mayor Ashiku." The sentence should read :"There was a review of the current energy crisis and it is now being pro_iected that there will be between 200 and 300 hours of statewide blackouts based on the resources available." M/S Baldwin/I. arson approving the minutes of the Regular Meeting of April4, 2001, as corrected; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTATN: None. 6. MTNUTES 6c. Adjourned Re_oular Meetin0 of April 12, 2001 M/S Larson/Baldwin approving the minutes of the Adjourned Regular Meeting of April 12, 2001, as presented carried by the following roll call vote' AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTATN: None. 6d.S_necial Meetino of May 3, 2001 -- M/S Larson/Baldwin approving the minutes of the Special Meeting of May 3, 2001, as presented carried by the following roil call vote: AYES: Councilmembers Larson, Libby, and Vice-Mayor Baldwin. NOES: None. ABSENT: None. ABSTA:[N: Councilmember Smith and Mayor Ashiku. 7. I~GHT TO APPEAL DECTSTON Mayor Ashiku read the appeal process. 8. CONSENT CALENDAR Councilmember Baldwin requested item "8d-Award of Bid for Jet Fuel Truck Purchase to Alternate Supplier, Valley Oil, in the Amount of $53?,50" be voted on separately from the other Regular Meeting May 16, 2001 Page 3 of 18 Consent items. Consensus of Council approved the request to consider item "8d" after the Consent Calendar. M/S I.arson/Smith approving items a through h, excluding item "d' of the Consent Calendams follows: a. Approved Disbursements for Month of April 2001; b. Awarded Bid to Western States Electric, Inc. for the Purchase of Three Padmount Switches in the Amount of $60,237.93; c. Received Report to Council Regarding Emergency Purchase of Two Dispatch Computer Workstations from Dell Computers in the amount of $8,538.60; e. Received Report of the Acquisition of Services from Peterson Tractor Company in the Amount of $9,352,63; f. Received Report Regarding Replacement of Ace Aerial Service Hangar Doors with Schweiss Bi- Fold Doors in the Amount of $7,652 and Approval of Budget Amendment to Airport Fund; g. Adopted Resolution No. 200:1.-54 Waiving the 60-Day Notification Requirement for Establishing a County Facility in the City (290 East Gobbi Street), Pursuant to Government Code §25351; h. Received Report to Council Concerning the Execution of a Consultant Contract to Prepare Grant Applications for Implementing the Master Bicycle and Pedestrian Plan. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTATN: None. 8d. Awarded Bid for 3et Fuel Truck Purchase to Alternate Su_oolier, Valley Oil, in the Amount of $S3,45;0. M/RC Larson/Smith approving item 8al,Award Bid for Jet of the Consent Calendar; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and Libby. NOES: Counciimember Baldwin and Mayor Ashiku. ABSENT: None. ABSTA]:N: None. 9. AUDTENCE COMMENT~; ON NON-A~;ENDA TrEM~; No one came forward to address Council. 10.. PUBLZC HEARZNG (_7:00 P.M.) 10a. Consideration and Action on A0_~eal of Plannina Commission Decision to _ Conditionally A0orove the Edge Wireless/City of Ukiah Communications Towar Use Perrrlit Planning Director Stump advisedthe project concerns a Use Permit to allow the replacement of an existing 100-foot tall tower. The existing tower is in need of repair, maintenance crews will not climb it to fix it, and the tower needs to be replaced. The Police Department looked at a variety of alternatives, one of which they are pursuing is to enter into an agreement with Edge Wireless/AT&T, to have a new tower placed on the site, at the same height. The tower would be larger at the base and slighUy larger in mass, but at the same 100-foot height. It would differ from the existing tower in that it would also have digital cellular phone panels at the top. The Planning Commission conditionally approved the Use Permit by a 4-0 vote, due to one Commissioner being recused from the vote. That action was timely appealed to the City Council. He explained the Planning Commission imposed conditions on the project and focused primarily on Regular Meeting May 16, 2001 Page 4 of 18 the mitigating visual impacts of the base of the tower and also the associated small equipment building that would be at the base of the tower. They required the construction of a fence that would match the architecture of the Civic Center of six feet or higher, as well as an aggressive landscaping plan to help mitigate or resolve the wider base of the tower as it touched the ground. He advised Council needs to be aware of one topic he included in the staff report in regards to "Scope of Review". It was revealed at the Planning Commission that the Federal Telecommunications Act does limit the Council's ability to regulate the placement and location of towers in regard to environmental or health issues. This concerns radio frequency energy. He noted there is quite a discrepancy of opinion of radio frequency energy and it is important to understand this tower would employ "digital" cellular technology, which emits substantially less Radio Frequency (RF) energy than the more typical analog cellular panels. The other part of the "Scope of Review" deals with the Use Permit, which focuses on the height of the tower. Public communication facilities like this are an allowed use on Public Facility grounds; however, they are not allowed to exceed a,0 feet in height. The previous tower was built at a time when there was no height limit. The Planning Commission made the findings to approve the height of 100 feet. The RF energy emitted from the proposed tower would be less than !% of the federal threshold. He noted there was public testimony at the Planning Commission meeting regarding the potential health affects, even though their scope of review was limited. The applicants do have experts they brought to the Commission meeting regarding this type of technology and are also present at this meeting. He explained one of the statements made in the Commission minutes was the amount of RF digital energy coming from this tower would be less than if you wrapped yourself in an electric blanket. Since the preparation of the Staff Report, the applicants have submitted additional plans and are suggesting there is an alternative available to the City that would include a smaller structure at the base of the tower. ]:nstead of a 10-foot triangular base, they can engineer a base that would be about 6.5 feet at the base and taper upward. Those plans have been submitted to Council for review. Based on the City's limited scope of review, the fact that the proposed tower is replacing an existing tower of the same height, and the determination the tower will not result in significant visual impacts, particularly if the alternative design is selected, staff is able to conclude that the Planning Commission's decision was reasonable and appropriate. Staff is recommending Council conduct a Public Hearing on this matter, and then deny the appeal and support the decision made by the Planning Commission. f4ayor Ashiku polled the Council and all Councilmembers advised they had visited the site of the proposed project. Councilmember Baldwin inquired regarding the cost of to purchase the tower, excluding equipment that will be attached to it. City Manager Horsley explained the equipment would need to be purchased because our current equipment is very old and out of date. She stated if the City built the tower, it is estimated to cost $70,000. Regular Meeting May :[6, 200:[ Page 5 of :[8 Councilmember Libby inquired as to when the current tower was installed and the number of complaints received about the tower. t4s. Horsley stated the City has had the tower for over 30 years. Hr. Stump advised during his seven-year tenure with the City Planning Department, he has not received any complaints about the tower. He described the landscaping around the tower, as recommended by the Planning Commission, and noted they left the details to the discretion of the Planning Director. Public Hearing Opened: 7:30 p.m. .lennifer Puser 309 Jones Street, advised she is the Planning Commissioner who appealed the Planning Commission's decision on the project. The main reason she appealed the project is because she felt there is the potential for negative impacts on property values. She addressed issues of lack of information provided at the Planning Commission meeting, and the neighbors are unaware of how much radio frequency emissions are presently being emitted, and she did not think we should rely on Edge Wireless to tell us what is already there, even though they say it will be less. ~In pushing the Use Permit ahead of the contract, she felt the City is opening itself up to liability from the company, the neighbors, and the community. Harlene Leaf, 1105 Clay Street, understood the need for a new tower, however she opposed the project because she felt the installation should be the property of the City and not a private entity, and visually the proposed tower seems to be more obtrusive than the existing tower because of the large base. She presented a letter from Nancy Rocca for the record. Greg Borgea, 618 South Oak Street, expressed concern about the health affects and felt the tower should be denied because of lack of information provided to the neighbors and felt there should be more public input on the matter. Tom O'Donahue, 328 ]ones Street, advised he lives over the fence from the tower. He was of the opinion that the tower should not be a hindrance to the public since it is situated in a residential neighborhood and felt there is a need to set a precedent on height limit for towers. He recommended Council work with the neighbors and he submitted a letter from Estok Menton into the record. Bruce Hester, 323 Jones Street, voiced his support for the tower and felt there are no standard to base the assumption that property values will be lowered. He is not totally opposed to the project, however he is opposed to the lack of information and input from the neighbors. There is a need for further information to assess the issues. Paul Andersen, 309 ]ones Street, was of the opinion that the proposed tower will be significantly larger than the existing tower. He has an issue with Edge Wireless owning the tower outright and the City is pushing the project so they will make money off of it. He discussed the potential for a decline in property values and discussed lawsuits and property values in other cities. He felt the City is open to liability. He agreed the existing tower needs to be replaced, but opposed the project if it would benefit a private entity on City property. Regular Meeting May 16, 2001 Page 6 of 18 Michael Mattox, Oak Knoll Road, recommended the City check into the minimum FAA requirement and it be stipulated in the Use Permit. He continued to discuss emissions from the tower, relocating the tower, and putting the project on hold until further information is gathered. Lynn Adams, 321.1ones Street, resident across the street from the tower, advised she did not receive re-notification to the Planning Commission public hearing. She inquired if the neighborhood would be held to the 40-foot limit, even though the City's project is 100 feet. 3im Morgan, Holden Street, advised he visited with residents in the neighborhood and discussed a potential lawsuit related to the public noticing of the project. He voiced hisopposition to the project. Alex Sands, 414 West Clay Street, discussed case law regarding cell towers on the Tnternet, property values decreasing, and lowering the height of the tower. He expressed concern with the aesthetics and hoped Council would take into consideration the best interest of the neighborhoods. Peter Good, 418 West Hill, voiced his opposition to the Use Permit based on a decrease on his property values. He urged Council to obtain further information before making a decision on the project. Bill Sangiacomo, resident of Guideville Reservation Road, voiced his support for the residents of Ukiah and recommended Council listens to the people who have spoken about various issues. Eric Crawford, Holden Street, expressed concern about his property values decreasing. He explained many of his neighbors did not know about this meeting and were unable to attend. He opposed the project. Sanj Balajee, Holden Street, felt a new tower is needed, however, the people need to be heard as well. Silvia Rashaud, advised she rents a house across the street from the Police Station on Oak Street. She expressed concern with children, the elderly, and those people with health problems. Dennis Maas, street person, expressed his concern with the many unanswered questions concerning the tower and did not feel it is right to have a private enterprise on City property. Hiawatha Blake, 517 South Oak Street, felt Council should consider the concerns of the citizens that have spoke at the meeting tonight and obtain further information before making a decision on the project. He is opposed to the tower. Leif Farr, 616 Grove Street, was of the opinion there is a need to look at what's built and if it applies to City regulations. Council should make sure all of the mitigations that could be placed on this project to reduce the visual impacts be made in order to make it a better project. He felt the City is giving an unfair business advantage to Edge Wireless over other companies and cautioned Council to look at the needs of the City and build their' own tower. Allen Waters, Project Manager for Edge Wireless in California and Oregon where they are building a digital PCS system, explained the existing tower is unsafe and should be removed immediately. He discussed the construction of the existing tower and noted it is designed to have guide wires Regular Meeting May 16, 2001 Page 7 of 18 come from various points of height to support it. The proposed new design has the tower slighUy larger at the base and slightly larger, as far as the tower structure in the visible areas, but the profile of the tower is the same or slightly smaller than the existing tower due to the fact that the seven or eight omni antennas on arms that are approximately three feet in length each. He continued to discuss the various designs Edge Wireless is willing to work with the City in every way possible, using any technology, to replace the tower, with the least visual impact. They have designed a smaller tower, with a six-foot triangular base, that will accommodate the needs. Basically, it will be a structure that is translucent, with three antennas from the City requires (replacing the existing antennas) on a one-foot arm instead of a three-foot arm, and the overall profile will be lessened. He discussed the antennas will be painted to match. They will also provide a shelter that houses radio equipment to the City. Tt is the City radio equipment that requires the 100-foot height. The location of the tower is such that they are taking advantage of some existing trees to where the lower section of the tower will be better screened than it currently is. The emissions are so Iow that the FCC, FDA, TIEE, and every organization in this country, and worldwide has determined PCS emissions are so Iow they are not an issue, but become an issue when misinformation is circulated and it arouses suspicion of those people who do not understand. He stated this is not a cellular tower, which is an analog tower, but rather a personal communications system and is digital wireless, and the emissions are greatly reduced by this system relative to analog. He explained some of the benefits of the tower, which included the battery life is about three times longer, you get text, video, and broadband, and saves the lives of many worldwide in many ways on a daily basis. Mayor Ashiku inquired as to the source for a back up power supply and the absolute minimum height for their use of the tower. He also inquired if Edge Wireless intends to increase capacity in the near future. Mr, Waters explained they would rely on the City's generator. 9:00 p.m.: Councilmember Baldwin left meeting. Bruce Foster, 323.1ones Street, discussed the history of standards for electromagnetic field exposure that is acceptable and the standards that have been set by the government. 9:02 p.m.: Councilmember Baldwin returned to the meeting. 9:02 p.m.: Mayor Ashiku left the meeting and Vice-Mayor Baldwin conducted the meeting. Councilmember Larson inquired about the completive bidding process for this type of project. Mr. Waters explained the selection of the tower is carrier specific and it depends on the RF engineering. 9:05 p.m.: Mayor Ashiku returned to meeting. 9:06 p.m.: Recessed. 9:20 p.m.: Reconvened. Public Hearing resumed at 9:20 p.m. Regular Meeting May 16, 2001 Page 8 of 18 Susan Kanuff, Ukiah, advised that although she will not be able to see the tower from her home, she is concerned with the visual impacts of the proposed tower. She felt the fire training tower and the golf cart barn are very unattractive. She is opposed to a light on top of the tower. Mayor Ashiku announced item 11a, Status Report and Discussion Regarding Potential Skatepark Facility Locations" has been pulled from the agenda and will be heard at the next Council meeting. Marc Labelle, 316 North Main Street #4, he is not a property owner but is concerned with the aesthetics of the proposed tower. He discussed his experience in research and development of microwaves, radar, and RF power systems and recommended that Council take a careful look at the information presented and obtainan independent assessor and scientist before making a decision on the matter. Tom O'Donahue, 328 Jones Street, noted during the winter months, the trees lose their leaves and the tower becomes more visible. Tt Was his opinion the height limit needs to be determined. Mr. Waters stated there is no light required for the tower. Public Hearing Closed: 9:30 p.m. Mayor Ashiku inquired of the City Attorney as to the City Council's obligations are under existing law for this appeal. City Attorney Rapport advised it is clear the 1996 amendments to the Telecommunications Act prohibits local government from considering the environmental affects of RF emissions from these towers as long as the tower meets the FCC standards. Under both the Telecommunications Act amendments and State law, the Council has to base its decision on substantial evidence in the record that is before the City Council. Council's obligation on the Use Permit is to make findinqs and if Council denies the Use Permit findings are made that the permit is contrary to public I~ealth, safety, or welfare, and there has to be substantial evidence in the record to support those findings. Substantial evidence is actual factual information. He felt from the testimony presented by citizens during the Public Hearing tonight, there is no factual information presented to the City Council regarding property values. He explained that it was the congressional intent to prohibit a city from considering the environmental affects of the RF emissions, and the committees in both the House and the Senate said the intent was to preclude consideration of those emissions directly or indirectly. He explained the use of a tower for communication purposes in a public facility is an allowed use in this location. The issue that requires the Council to consider this a Use Permit is the fact that this tower is going to be 100 feet rather than 40 feet in height. Mr. Stump noted for public facilities there was no height limit when the existing tower was constructed. City Manager Horsley discussed Edge Wireless contacting the Police Department because of the public safety radio equipment on the tower. The tower also has utility radios and Public Works radio frequencies, and all of the City's emergency and call out is through the radios on the tower as well. Councilmember Baldwin inquired if the previous location of the Police Department is in the Flight Zone. Regular Meeting May 16, 2001 Page 9 of 18 Mr. Stump explained that according to the current Airport Master Plan it is not a key issue if the tower is located within a Flight Zone. Police Caption Dewey provided examples of what other public safety departments in the Ukiah valley are doing. Tf the tower is moved from this site, they would have to either microwave or come up with new technology to have the transmission to that tower and then transmitted out from there. Mayor Ashiku inquired about the minimum height that is required for Police and Fire Departments, as well as ambulance communications Captain Dewey explained he contacted Mastersons, the City's current radio communications provider, regarding the height limitations, and they suggested that currently our radio communication has acceptable transmissions. If the Police Department were to lower its antenna down 20 feet, they would still be ableto transmit from West Road to Burke Hill, but there would be problems in town with the buildings. The portable radios for the firefighters, ambulances, and police officers would have difficulty communicating back to the location and have blind spots. Trresponse to Mayor Ashiku's inquiry about using microwave repeaters as an alternative, Captain Dewey discussed the Sheriff's Department having multi-repeaters and multi-microwaves and noted they have spent millions of dollars, Countywide. Councilmember Baldwin inquired if this issue has been brought before Council for discussion during the past few years. Ms. Horsley explained the issue was discussed at budget hearings about two years ago during a review of public safety and in discussions of capital costs and equipment, it was noted at that time the tower and equipment would need to be replaced. At that time, the estimated cost was $125,000 to replace the tower and equipment. Councilmember Smith inquired if staff has checked alternate sources of inforr~tion with regards to RF emissions to determine if the information Edge Wireless provided is reasonable. Mr. Stump explained staff did a lot of research and found there is debate on both sides of the issue. Ms. Horsley explained staff ordered several studies that covered both sides of the issue. City Attorney Rapport advised that given the evidence standard, Council would have to have substantial evidence in the record that the RF emissions from this facility would be harmful to human health before it could deny the project on that basis, even if there were no federal law on this subject, Discussion followed concerning the option of continuing the public hearing to another date, the time limit to make a decision on the appeal, and also whether to direct staff to provide findings, Councilmember Larson felt it is the job of the City to set a good example in architectural excellence and be a good neighbor. He stressed the importance of the behavior of the City as a neighbor adjacent to a residential area is something for Council to consider. He felt Council needs to explore other alternatives for communications and direct staff to seek further information and research. Regular Meeting May 16, 2001 Page 10 of 18 City Attorney Rapport advised if the Council does not make a decision on the Appeal within the 60-day time frame, then Edge Wireless would have a cause of action against the City to compel it to act. Council should endeavor to comply with its rules. Discussion followed concerning the timeframe for responding to the appeal and it was notecDune 6, 2001, is the date for the next regularly scheduled Council meeting. Councilmember Smith echoed Councilmember Larson's concerns and felt there are many unanswered questions. He felt there is a need to look at alternatives and independent consultatDn, and supported a continuance of the hearing and to direct staff to provide further information and research to Council by the June 6m meeting. MIS Larson/Ashiku to continue the Public Hearing to June 6, 2001, directing Staff to provide Council with research on alternatives to the existing communications tower, including remote repeater towers, stations, etc., site availability, cost estimates, any technological enhancements that are required, and alternative designs to the 100 foot tower. Discussion followed concerning the motion. Councilmember Baldwin thought it is important for Council to tell Staff whether they think the tower is aesthetically appropriate in order for Staff to develop findings for the project. There was continued discussion concerning the aesthetics of the existing and proposed towers. It was noted should Council deny the proposed project and seek an alternative, findings would need to be developed. Mayor Ashiku requested Councilmember Larson work with the City Manager to coordinate a neighborhood meeting. Councilmember Baldwin discussed the federal government taking power away from local governments because they are being bought by an industry. Tt was his opinion that we should think about what new technology and if it will affect the community. He recommended we make a finding that the proposed structure is not good for our souls and the City find a different location for both the fire tower and a new communications tower. Councilmember Larson called for the question, and then withdrew his request. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTA]:N: None. Mayor Ashiku thanked the audience for sharing their concerns with Council. 11. UNFTNZSHED BUS:[NESS 11a. Status Report and Discussion Reqardin0 Potential SkateDark Facility Locations Mayor Ashiku advised the matter has been continued to next meeting. Regular Meeting May 16, 2001 Page 11 of 18 12. NEW BUS?NE~;$ 12a. A_~_aroval of Apreement with Ed_ae Wirele;,s Consensus of Council was to continue the matter to the .]une 6, 2001 meeting. 11. UNFZNZSHED BUSZNESS 11b. Report and Armroval of Fire 3.P.A. Subcommittee Action City Hanager Horsleyadvised the C~Jty Council directed staff to conduct a subcommittee meeting that consJsted of UkJah paid Firefighters and Volunteers, Ukiah Valley Fire District (District) Firefighters and Volunteers, two District Board members, and two City Councilmembers. The meeting was held on April 25, and was facilitated by Attorney Elizabeth Silver. She outlined the objectives discussed at the meeting. Direction was given by the District Board and Council representatives to Ms. Silver to continue with the development of the agreements that are necessary for the subcommittee to review on May 30, 2000. Councilmember Larson explained there was some focus concerning getting into the specific aspects of our joint powers agreement and separating that from the issues with the professional staff. There was some effort to become focused on the actual agreement that is in the process of being drafted. Questions arose concerning liability issues. Councilmember Larson noted we should give some thought to the composition of the .]PA Board and how the decision-making powers should be distributed equably. He requested direction from Council concerning the matter. Znterim Fire Chief Grebil advised that at the District Board meeting they discussed the composition of the committee to consist of a Councilmember, City Manager, two District Board members, and a fifth person would be appointed by these four members. He discussed Tracy's agreement that consists of a four-member committee and there are alternates for every position. They need to have a three-fourths vote on any action and it was specified on budget items that the vote be unanimous. Mayor Ashiku inquired as to the type of action needed in which to dissolve this agreement. City Attorney Rapport advised there is a clause in the agreement whereby either party must provide one year's notice to terminate the agreement. Discussion followed concerning the termination clause in the agreement. It was noted each party involved would have their equipment listed and attached to the agreement to identify the assets of each agency. There was some discussion of having a four-member Board instead of five members. City Hanager Horsley explained the City would provide all personnel services for the Authority, and the Authority would have to have a contract with the City to provide those services. The reaen they decided to do this is because the City has a Personnel, Payroll, and Finance Department. Chief Grebil advised the determination early on was that the workers comp rates and retirement rates within the City structure were lower. There would be higher rates if it were done vice versa. Chief Grebil explained some personnel liked the idea of consolidation but didn't like the current model being proposed. They preferred to stay as two entities with a common chief. He personally has seen a duplication of effort by the two entities. Regular Meeting Hay 16, 2001 Page 12 of 18 Councilmember Larson suggested the City Manager not be part of the .1PA governing body because of the necessity of her having to deal with the labor issues as a contractor back to the .1PA. ]:t is a difficult and sometimes a conflicting role at times. Mayor Ashiku felt the composition of the Board should be two City Councilmembers and two District Board members, and the City Manager on the committee. He felt it is essential for the City Manager to be on the committee to provide continuity. M/S Libby/Larson approving the development of fire consolidation documents, and supporting a five-member board composed of the City Manager, 1 Councilmembers, 2 District Board members, and one member being appointed. Further discussion followed concerning the motion. H/S Libby/Larson withdrawing the motion. M/S Libby/Ashiku approving the development of fire consolidation documents, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT.' None. ABSTAZN: None. 12. NEW BUSZNE~;S 12b. A_nDroval of Professional Services Contract with Sterlin_a Codifiers, Zn~;, fnr Codification and Related Services and Authorization for the City_ Manaper to Si?n Contrp~ City Clerk Ulvila advised the City has had a contract with Steding Codifiers, ~[nc. since 1991 for codification of the City of Ukiah City Code. Since that time, the City's needs have changed, and new technology has been developed related to the codification process. The new proposed contract includes ?o//o I//ews, which is a search engine used for search and retrieval of information in the City Code. Posting the City Code to the City's Web Page will provide easy access by the public. MIS Baldwin/Larson approving Professional Services Contract with Sterling Codifiers, Inc. and Authorizing the City Manager to Sign the Contract, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Ubby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAZN: None. 12. NEW BUSZNESS 12c. Consideration of Establishin_a Poet Laureate Pro_aram in the Ci~ of Uki~h City Manager Horsle¥ explained typically the Poet Laureate is an honorary position and the individual chosen is given the charge of raising the consciousness and appreciation of the reading and writing of poetry. The Ukiah Writer's Read group feels Mr. Armand Brint would be an ideal candidate for this position and he has indicated he is available to fill the position should Council determine to make an appointment at this time. There are wide ranges of methods to consider, which are included in the Staff report, if Council chooses to establish a Poet Laureate. Susan Sparrow, 9827 Irvine Avenue, Upper Lake, member of Ukiah's Writer's Read group, thanked City Staff for their work on this proposal. She provided a petition signed by approximately 40 members of the community for appointment of Armand Brint as Poet Laureate of Ukiah, and recommended a committee to consisting of the director of the Sun House ora delegate, representative from the Ukiah Writer's Read Poetry Series, and a member of the City of Ukiah Regular Meeting May 16, 2001 Page 13 of 18 government and possibly a member of the library staff. Armand Brint, 215 Thompson Street, stated he is very honored by the nomination. He provided biographical information to Council and noted he has lived in Ukiah for the past 12 years. It is his belief that one indictor of community health is the extent to which the community embraces the arts and engages in dialog informed by literature. 3im Lyle, Lakeport, advised he was the first Poet Laureate for Lake County, and now past Poet Laureate. He felt there are many things the Poet Laureate can do to benefit the community, at no cost. Doug Strong, Ukiah, felt it would be to the City's advantageto appoint a Poet Laureate because creating the position of Poet Laureate gives recognition to an art form that has flourished in America. ]It will also encourage the youth of the community to experience the pleasure and to express themselves in this medium. lq/S Ashiku/Smith appointing Armand Brint as Poet Laureate to represent Ukiah as its Poet Laureate, that the appointment be for one year, and in the interim the City shall develop a policy and procedure for appointing future members by way of a subcommittee. Discussion followed concerning the motion and the content of a committee to establish procedures and policies. Councilmember Libby recommended the committee consist of a representative from the Sun House, the Writer Reader group and the County Ubrary, a Staff liaison, and an interested citizen, for a total of five members. Once the committee has an outline of the procedures, they should be presented to Council for review. M/S Ashiku/Smith amending motion to include recommendations as presented by Councilmember Libby regarding the composition of the committee. lqoUon carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTA]:N: None. 12. NEW BUS:[NESS 12d. ADDroval to Extend Closure Date of Landfill Or~erations to October 31, 2001 Public Works Director/City Engineer Steele explained the City landfill is nearing its designed capacity and the Taylor Drive Transfer Station has been under construction has been under construction for some time. However, the design and construction of the off site improvements fell behind schedule and a decision was made that the Transfer Station cannot begin to operate until after the improvements are complete, which is anticipated in August 2001. Both the City and County franchise haulers have made other disposal arrangements to extend the life of the landfill. ]In order to continue to accommodate self-haulers, staff is working with our local enforcement agency to develop a stipulated agreement setting the ground rules for this continued, but temporary and limited, operation. Iq/S Larson/Smith approving the extension date of landfill closure to October 31, 2001Farded by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAZN: None. Regular Meeting May 16, 2001 Page 14 of 18 12. NEW BUS:[NE~;$ 12f. Authorize Submittal of the Annual "Power Source Disclosure and Custom~-r Credit Pro0ram RePort" for 2000 Public Utilities Director Barnes advised California state law, SB 1305, requires any retail supplier that makes specific claims regarding a power mix that differs from California system power mix, which Ukiah chose to do, to submit quarterly and annual power source disclosure reports to all customers and an annual report to the California Energy Commission (CEC). SB 1305 requires the City Council approve submittal of the annual report and executed by the Director of Public Utilities. Consensus of Council authorized submittal of the annual "Power Sou£e Disclosure and Customer Credit Program Report" for 2000. 12. NEW BUSTNES~ 12g. Adoption of Resolutions Electin_q CALPERS Health Plans for the Fire pnd Police Unit Em_nlovee; Personnel Officer Harris advised the Police and Fire Units conducted an eletion and the majority of the unit members voted for the CaI-PERS Health Plan. Their current health plan contract ends June 30, 2001 and to affect a July 1, 2001 date, the City needs to provide a Resolution from the City Council. M/S Smith/Baldwin adopting Resolution 2001-55 electing to be subject to Public Employees' Medical and Hospital Care Act only with respect to members of the Fire Unit and fixing the Employer's contribution for employees and the employer's contribution for annuitants at different amounts; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Ubby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTATN: None. M/S Larson/Smith adopting Resolution 2001-56electing to be subject to Public Employees' Medical and Hospital Care Act only with respect to members of the Police Unit and fixing the Employer's contribution for employees and the employer's contribution for annuitants at different amounts; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTATN: None. 12. NEW BUS:[NE$$ 12e. Discussion of Committee/Commission ADoointment Process and Auulication _ _ _ _ Forms and Possible Direction to Staff- Councilmember Libby City Manager Horsley advised that Councilmember Libby requested this be on agenda for discussion. Councilmember Libby explained she specifically asked for discussion concerning the process for selection of the Airport Commissioners. Since three Commissioners terms are set to expire in June of this year, and if any changes were to be made in the selection process, this would be an appropriate time. She recommended applicants for Airport Commission go through the interview process. Discussion followed concerning the proposal. Councilmember Larson did not see the necessity of interviewing all applicants and since there has been a shortage in the past for applicants. He felt Council can contact the applicants privately to discuss their views on issues. Regular Meeting May 16, 2001 Page 15 of 18 Mayor Ashiku felt the Airport Commission is advisory in nature but expressed concern with Commissioners who do not deal respectfully with staff and the public. Through the interview process, Council will be able to see how the applicants behave publicly because they are representatives of the City. Discussion followed concerning the nomination process and the City Attorney provided advice. Councilmember Baldwin was an advocate that each Councilmember be allowed to appoint his or her own Commissioner. He opposed the interview process and felt it is awkward and demeaning. He expressed his concern that there is no limit on the number of commissions that a single person can serve on. Discussion continued regarding the process and whether Council should interviewall commissions and boards. M/S Libby/Ashiku changing the selection process to include a personal interview with the applicants for the Airport Commission and the Parks, Recreation, and Golf Commission. Considerable discussion followed concerning the motion and the interview process. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Ashiku. NOES: Councilmembers Larson and Baldwin. ABSENT: None. ABSTAXN: No Councilmember Libby felt that on the general committee selection, Council should have consistent practices and a policy that is legal and in step with the City Code. She discussed a previous applicant who failed to answer any of the questions on the application, while there were two other qualified members of the public who submitted completed applications and went through the interview process, but were not selected. She felt clarification should be made as to the meaning of a "completed application". Considerable discussion followed concerning Councilmember Libby's viewpoints. There was a discussion concerning how the questions on the application are answered. :it was noted that sitting commissioners are not required to fill out new applications. Once an application is filed, it should be deemed complete rather than have the City Clerk review each application for completion. M/RC Ashiku/Baldwin to amend, by Resolution, the language states an application is completed when signed for new applicants to all commissions, and sitting commissioners need only submit a signed letter requesting reappointment by the deadline. Discussion followed concerning all commissions and whether some should be exempt from this procedure. M/RC Ashiku/Baldwin amending the previous motion to included that the procedure would only apply to the public member on the :Investment Oversight Committee, Traffic Engineer Committee, Civic Service Board, Library Advisory Commission and Cultural Arts Advisory Board, and would not apply to the Disaster Council or other City Council committees elected officials and staff would be exempt. Regular Meeting May 16, 2001 Page 16 of 18 Further discussion followed concerning the motion and amendment. Tt was noted, should an applicant submit a letter for reappointment, the City Clerk should include the previous application with their letter to Council for consideration so Council would have background on the applicant. The incumbent would also have the choice of submitting a new application for reappointment. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Larson and Libby. ABSENT: None. ABSTAZN: None. M/RC Baldwin/I.arson to amend the Resolution concerning the procedure for appointing commissioners to disallow serving on more than one at a time after thecurrent term has expired. Motion failed by the following roll call vote: AYES: Councilmembers Larson and Baldwin. NOES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTATN: None. M/RC Larson/Ashiku to direct staff to prepare an Ordinance to eliminate the number of terms Commissioners can be appointed. Discussion followed concerning the motion with regard to experience of commissioners and the amount of term limits on each commission. Motion carried by the following roll call vote' AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTATN: None. 12. NEW BUSINES~ :[2h. Settin_o of Date and Time for Consideration of Fiscal Year 2001-2002 Budqet -- Accomplishments and ObjectivQs City Manager Horsley discussed options for setting the date and time for consideration of the Fiscal Year 2001-2002 Budget Accomplishments and Objectives. A brief discussion followed concerning the matter. Consensus of Council set the date and time for consideration of Fiscal Year 2001-2002 Budget Accomplishments and Objectives for June 6, 2001 beginning at 4:30 p.m. 12. NEW BUSTNES~; :[2i. Resolution AD_Drovin~ Downtown Rebound Program and Pre-Development Grant for Seismic Assessment of the Palace Hotel. Assistant City Manager Fierro advised on May 15, 2001, staff received a year-end funding opportunity from the State of California Department of Housing and Community Development for the Downtown Rebound Program. The grant will provide a seismicand structural assessment of the Palace Hotel and will help the City craft a "blueprint" for the revitalization of the Palace Hotel based upon the hotel's seismic and structural integrity for live-work housing, and mix-use development in the downtown. This grant compliments the previous grant the City received earlier this year, which was aimed at researching what "adaptive reuses" the Palace Hotel could hope to enjoy, given its design, location and age. The study will concentrate on the presence of hazardous materials, such as asbestos, lead based paint, and the remediation of those material to make the Palace Hotel fit for habitation and development. No matching funds from the City are required for this grant; however, the owner is required to enter Regular MeeUng May 16, 2001 Page 17 of 18 into an agreement with the City underscoring the owners' cooperation for the revitalization of the Palace Hotel, based upon the findings of the study. In addition, the owner must verify their continuing control of the Palace Hotel during the study period. He recommended applying for $15,000 for the seismic assessment and $15,000 for the structural assessment. He noted the grant must be submitted by .lune 1, 2001. Councilmember Libby requested staff provide a status report at the next Council meeting. I~lr. Fierro advised these are two separate projects and inspection of the facilities has occurred but the consultant has not provided a draft of conceptual ideas for use of the Palace Hotel. Discussion followed concerning the owner of the Palace making improvements to the structure to make it more secure. Assessment of the structure was deemed an important aspect for the private investor and for future development. Discussion of the benefits of having this study to determine if, in fact, the Palace Hotel can be revitalized and inhabited. The previous grant for the Palace Hotel in the amount of $35,000 was addressed. Councilmember Libby expressed concern with the short notice to Council regarding the proposed grant. She stated she would not approve the project because it is her opinion the property owners should be doing this. She did not think it is right for the City to use taxpayers' money to keep supplying services, such as structural exams. Councilmember Smith was of the opinion that the study could provide the City leverage if the study's outcome is negative, and to move on the abatement process. M/S Smith/Larson Adopting Resolution 2001-57, Approving an application and contract execution for funding from the Downtown Rebound Program Pre-Development Grant and identification of the Palace Hotel, and its owner as the "target building" and "target building owner," partnering with the City of Ukiah to proceed with an adaptive reuse strategy; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTATN: None. 13.COUNC:I:L REPORTS None. 14.cTrY t4ANAGER/CI'rY CLERK/D:[REI;'rOR REPORTS City Manager Horsley advised she would be out of the office on May 17 and 18. 10.CLOSED SESSTON None. 11.AD.1OURNI~IENT There being no further business, the City Council meeting was adjourned at 12:15 p.m. Marie Ulvila, City Clerk 4:CC:Mn51601 Regular Meeting May 16, 2001 Page 18 of 18 ITEM NO.: 6~, DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JUNE 2001 Payments made during the month of June, 2001, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 32137-32211, 32214-32299, 32402-32512, 32519-32617 Accounts Payable Manual check numbers: none Payroll check numbers: 32039-32136, 32212-32213, 32300-32401, 32513-32518, 32618-32758 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, 2001. 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:L ~~~-~/~ Candace Horsley, anager KRS:W ORD/AGENDAJUN01 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JUNE 2001 Demand Payments approved: Check No. 32137-32211, 32214-32299, 32402-32512, 32519-32617 FUNDS: 100 General Fund $174,028.85 131 Equipment Reserve Fund 142 National Science Foundation 143 N.E.H.1. Museum Grant $3,799.78 150 Civic Center Fund 200 Asset Seizure Fund 203 H&S Education 11490(B)(2)(A)(I) $240.05 205 Sup Law Enforce Srv. Fd (SLESF) $2,075.80 206 Community Oriented Policing $1,430.35 207 Local Law Enforce. BIk Grant $3,249.60 220 Parking Dist. #10per & Maint $520.46 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund $1,922.50 260 Downtown Business Improvement 310 Special Aviation Fund 332 Federal Emerg. Shelter Grant $8,239.12 333 Comm. Development Block Grant $5,336.15 335 Community Dev. Comm. Fund 410 Conference Center Fund $7,723.94 550 Lake Mendocino Bond 555 Lake Mendocino Bond Reserve 575 Garage $1,050.04 600 Airport $121,067.04 612 City/District Sewer $35,335.19 615 City/District Sewer Replace 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 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 800 Electric 801 Electric Revenue Fund 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 32039-32136 DIRECT DEPOSIT NUMBERS 10491-10595 PAYROLL PERIOD 5/13/01-5/26/01 PAYROLL CHECK NUMBERS 32212-32213, 32300-32401 DIRECT DEPOSIT NUMBERS 10596-10707 PAYROLL PERIOD 5/27/01-6/9/01 PAYROLL CHECK NUMBERS 32513-32518, 32618-32758 DIRECT DEPOSIT NUMBERS 10708-10811 PAYROLL PERIOD 6/10/01-6/23/01 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $21,160.51 $51,346.25 $1,387.63 $1,840.68 $1,340.91 $7,101.57 $18,194.95 $1,806.18 $4,239.98 $17,534.21 $1,412,839.43 $12,365.03 $215.82 $93,807.24 $19,710.17 $127,680.14 $1,421.88 $66.21 $17.04 $685,039.40 $2,845,134.10 $68,561.28 $151,719.93 $242,494.12 $3,307,909.43 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. 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Z~ O~ <o Z ~ Z ,<0 Z E~ ~0 0 r~ 0 ~r..D 0,< > CD 0 CD O0 O0 0 000 CO C~ C~ CD 0 O0 O0 oo~oo~ooo 000 000 ~oo~oo~o~oo ~ c~ ~ · o ~ c~ ~ · o o L~ t.D t.D · · ~ ~UUUUUU~UUU~ ~0 UUO C~ Z~ Oc~ ~ 0 0 ZH 0~ O~ > >> ~~~ ~HH0 > U ~HHHHHHHHHHHH © 0 ca 0 E~ ~o ~o Z 0 Z~ O~ Z~ Z~ 0 ~ ~0 Z 0 o o AGENDA SUMMARY Item No.' 6b Date: July 18, 2001 REPORT SUBJECT: Authorize the Mayor to Execute Project Agreement No. 4 between the Transmission Agency of Northern California and the City of Ukiah. REPORT: The disposition of the transmission system presently owned and operated by Pacific Gas and Electric Company (PG&E) is currently in question. One key constraint in the existing transmission is that section known as Path 15, a dividing line that is drawn across the existing transmission line map near Fresno, California, where the 500-kv system narrows to two 500-kv transmission lines ( See Attached Map ). The Path 15 constraint has recently caused several power outages when available power in the southern California area could not be delivered into r~orthern California. In addition, prices for power in the North Path 15 (NP15) zone have been typically $30 to $50 per Mwh more that prices in southern California. The California Independent System Operator (CAISO) has completed its studies that show that upgrading this constraint, by construction of a third 500-ky line and facilities for Los Banos to Gates, is more warranted. The CAISO would like to see the line completed as soon as possible. PG&E has proposed to complete the upgrade and estimates completion in the 2004-2007 timeframe. PG&E would need a California Public Utilities Commission Certificate of Public Convenience and Necessity (CPCN) to act as lead agency for the construction of this Project. California Public Utilities Commission (CPUC) staff has indicated that they hope to process a CPCN application in parallel with CEQA requirements and to utilize the previous EIS/EIR that was completed by the Transmission Agency of Northern California (TANC) and Western in the 1980's for Los Banos-Gates in conjunction with the California - Oregon Transmission Project (COTP) EIS/EIR work. CPUC staff estimates that this could require about one year. However, PG&E and others, including 'I'"ANC, do not share their optimistic view. (Continued on Page 2 ) RECOMMENDED ACTION: Authorize the Mayor to Execute Project Agreement No. 4 between the City of Ukiah and the Transmission Agency of Northern California. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Participation in TANC Project Agreement No. 4 and provide Direction to Staff. Citizen Advised: N/A Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1 ) Project Agreement No. 4. 2) Transmission Map Can~ce Ho'rsley, City l~nager (Page 2) At the State Legislature, various proposed bills are moving forward, one of which (ABX1-65) would exempt Path 15 from CEQA review. A number of Politicians at both the State and Federal level have identified Path 15 as one of the infrastructure fixes needed if power is to be successfully moved from new generation plants being constructed in the Bakersfield area to load in northern California. TANC Commission has taken the position, as has Western, that they are ready and willing to move forward with PG&E to complete a quick upgrade of Path 15, provided that the State provides financial support for the Project. There would be several benefits for TANC and Western to participate in the Path 15 fix, with financial support from the State of California. These benefits would be as follows: TANC and the Western Area Power Administration ( Western ) would see the benefits of reduced congestion in Path 15, including reduced risks of outages and a wholesale power market that would include South Path 15 (SP 15) resources bidding more actively into NP15. Under present conditions, this could cause NP15 prices to drop by $30 - $50 per Mwh. Most of the outages experienced to date, except for local area voltage problems in the SF Bay area would be avoided. TANC and its members would see a reduced frequency of power schedule curtailments for Path 15 transactions, compared to the frequency of curtailments that is now being experienced. TANC might be able to negotiate reimbursement of old previously funded and performed Path 15 study work (potentially about $600,000), which could be reimbursed to the members. TANC would have an opportunity to negotiate for ownership rights in the new upgrade, either by contributing some funds or possibly by converting some or all of the existing contractual South of Tesla (SOT) rights on Path 15. The City of Ukiah owns 0.303% of the SOT transmission corridor. The actual outcome would depend on such negotiations. Each TANC member that wishes to participate in further transmission planning work for Path15 needs to approve and execute TANC Project Agreement No. 4 in order to empower TANC to spend $50,000 of existing, on hand equity funds for critical environmental and planning work on Path 15. Based on discussions with the State of California, TANC has requested reimbursement of these funds and anticipates receiving future funds from the State to complete the Path 15 upgrades. The City of Ukiah's share of these funds, based on our SOT participation percentage would be approximately $155.00. Execution of Project Agreement No. 4 will not commit the City of Ukiah to any additional funding relative to this project. However, not participating in this agreement will reduce our opportunity to obtain a possible future ownership share of additional transmission, if and when Path 15 improvements are constructed and owned by TANC and others. Since the cost to participate in this agreement is minimal for the potential benefits that could be obtained from the upgrade of Path 15, staff recommends that the City of Ukiah participate in TANC Project Agreement No. 4. TRANSMI~ION AGENCY OF NORTI-IERN CALIFORNIA PROJZCT AGREEMENT NO. 4 FOR THE INVESTIGATION OF TI-~ LOS BANOS-GATES TmaNSMiSSIO~ ~o~cr PREAMBLE This Project Agreement No. 4 is entered into as of March 31, 2001, by and among the Transmission Agency of Northern California, hereinafter referred to as "TANC"; and the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah; the Sacramento Municipal Utility District; the Modesto Irrigation District; the Turlock Irrigation District; and the Plumas-Sierra Rural Electric Cooperative, with the regard to the following: RECITALS WHEREAS: A. In the South of Tesla Principles, dated as of August 25, 1989, TANC and PG&E recognized that reinforcement may be required to maintain the adequacy of tzartsrrdssion service from the Tesla to Midway substations, and contemplated a new Los Banos-Gates 500 kV line and associated facilities which could increase transmission capability available to TANC and others. DRAFT- March 12, 2001 B. In the South of Tesla Agreement between TANC and its SOT Members, dated as of February 14, 1993, an election procedure was established for participation in the South of Tesla Reinforcements contemplated by the South of Tesla Prindples, both of which reflec~ the TANC entitlement t:o 300 megawaNs of firm, bi-directional trarusmission service provided by PG&E under the South of Tesla Principles. The election mechanism of the South of Tesla Agreement provides, in part, that each SOT Member shall be entitled to take up to at least an amount equal to its Permanent Allocation in the first' 300 megawatts of TA/NIC's part/dpation in South of Tesla Reinforcements. 'II're area in which South of Tesla Ileinforcements are now recognized to be desirable is commonly known as Paff{ 15. C. Recognition of the inadequacy of Path 15 in the face of the energy crisis is becoming widespread, particularly since transfer 1/mit:at-ions south to north increased greatly in the recent past, have contributed to electrical emergendes north of Path 15, and such limitations warrant an investigation, of the feasibility of a third line, such as the Los Banos-Ga~es project. D. ~rl'dle attention to the problem presented by Path 15 is Increasing, definitive plans have not been made to relieve the constraints by the addition of a third 500 kV line, as proposed in the original environmental documents prepared by TANC and the Western Area Power Administration in connection with the development of the California-Oregon Transmission Project and, furthermore, the investor-owned utilities are suffering such serious financial DRAFT- March 12, 2001 infirmities that it is unlikely that tile original plans could be effected as originalIy proposed. E. In TANC Resolution 88-1, adopted 7anuary 20, 1988, the TA2qC Commission found an overriding importance in the projects contemplated in the Final EIS/EIR prepared for the California-Oregon Transmission Project, having found, after considerable study, that changes or alterations, proposed for incorporated into t. he Los' Banos-Gates Transmission Project would avoid or substamtiaHy lessen the significant environmental effects of the project. As such changes or alterations were then seen as being subject to approval by the I-'ublic Util"i~ies Commission, TANC recommended them for adoption, but with the advent of the South of Tesla Principles and service from PG&E between Tesla and Midwa. y Substations for TANC and its SOT Members, the project was neither undertaken by PG&E nor TANC at the time. F. TANC and its Members have therefore concluded that i~ is in ti'mir interest a.nd in the interest of the slate that a further investigation be conducted to determine whether TANC and its Members should fake steps necessary to be in a position to approve or carry out the Los Banos-Gates Transmission Project, or a project similar to it, as studied in the Final EIS/EItl for the C',~tifornia-Oregor~ Transmission Project. DRAFT - March 12, 20(~1 NOW, TtTE~FO~, in consideration of the mutual covenants and concLifions set forth in this Agreement, TANC and the TANC 1Vfernbers th.a~ have signed below hereby agree as follows: AGREEMENT . ., INITIAL TEMPO~RY FUNDING. A total of $100,000 is hereby authorized for expenditure to carry out the field survey environmental work, in coordination with state and federal ageJncies, to identify critical plant and endangered species, if any, during ~he spring season, to assist in updating vzork that had been completed on the Los Banos-Gates Transmission Froject a_nd the Final EIS/EIR for the California- Oregon Transmission Froject, and to perform the Associated Authorized Activities described in section 4 of this Agreement. Of %he $100,000 authorized to be expended, ]Vfembers that have on-hand in TANC accounts original equity or advances may commit such amounts to expenditure under tlais Agreement or may advance such amounts separately, as and when required to keep accounts payable current, as determined by the TANC Treasurer and Controller in accordance wi~ the Member Fartidpation l°ercentages established in sect/on 3 of this Agreement. Expenditures shall not exceed $100,000 under ~ Agreement. It is contemplated that if TANC and its Members intend to proceed beyond this initial authorization of $100,000, a new agreement, which may be entitled Project Agreement No. 5, may be prepared for that purpose. Of the $100,000, up to DRAFT- March 12, 2001 $50,000, at standard rates in accordance with its customary contractuaI provisions, are pledged to be advanced by Navigant Consulting, Inc., without recourse to TANC or its Members, in consideration of the possibility that TANC may ultimately decide to proceed with Project Agreement No. 5, and in that connection, obtain advances or other sources of funding from which reimbursement of the fees and costs advanced by Navigant Consulting, Inc. may be made. 2. PRELIMINARY WORK PLAN. ' In consideration of this Agreement, orr behalf of the Members that execute it, TANC shall carry out: the Preliminary Work Plan described on Erd-dbit A, to identify any environment~d issues in the prior study for the Los Banos-Gates Project and obtmin field survey information to assist ~ determining the potential need for further environmental analysis, as well as the investigation of funding sources and cooperative arrangements that may be made with the State of California, PG&E, and others concerned about transfer capability through. Path 15. 3. TANC ME~ER PARTICIPATION PERCENTAGES. In accordance with the Joint Powers Agreement dated December 10, 1984 and the South of Tesla Agreement between TANC and its SOT Members, dated as of February 14:, 1993, the Members that execute this Agreement may be DRAFT - March 12, 2001 entitled to participate in any project that improves transfer capability between Los Banos and Gates as provided in sect/on 6.2 of the South of Tesla Agreement or as the Members that execute this Agreement may otherwise determine, as shown by the participation percentages listed on Exhibit B, attached to and incorporated into this Agreement. If a Project Agreement No. 5 is prepared, such agreement shall provide a means by which Members that did not execute this Agreement may partidpate in Project Agreement No. 5 after the SOT Members ,, have had an opportunity to elect percentages providing them with suffident transfer capability on the contemplated upgrade. If a Member that is not a SOT Member executes this Agreement, i~- shah be entitled to precede amy Member that doed not execute this Agreement, in electing any available transfer capability, after the SOT Members have made their elections. 4. ASSOCIATED AUTHORIZED ACTIVITIES. By executing this Agreement, the Members that sign it authorize and direct TANC staff to: (a) seek appropriate outside partidpation an.d funding in the effort to upgrade Path 15, in order to reduce the potential exposure of TANC and its Members to expenditures that might othe_rwLse be fairly shared; (b) utilize and rely on the expert services and the assistance of the Treasurer-Controller, for the purposes of separately accounting for, and easing the examination of the means to fund and finance subsequent work leading toward the completion of studies and the presentation of a choice of whether to proceed with improvements that may improve transmission capability between Los Banos and DRAFT- March 12, 2001 Gates Substa~ons, or between Tracy and Midway Substations; and (c) call upon courcsel and other consultants to advise TANC as may be necessary and convenient. . NO COMNEFMENTS. By executing this Agreement, no commitments are made to carry out, approve or perform any particular derision with respect to the Los Banos-Gates Project or the improvement of transfer capability between Tesla and Midway Substations, or Path 15, and nothing contained in this Agreement shall oblige TAI<IC or any of its Members to take any particu_lar action with respect thereto. Unless authorized in a subsequent Project Agreement No. $ or simiIar agreement, activit/es under this Agreement shall cease at the limit of authorized expenditures set out in section 1 of this Agreement. CITY OF ALAMEDA By: Name; Title: Date: CITY OF HEALDSBURG By: Name: Title: Date: DRAFT- March 12, 2001 CITY OF LODI By: Name: Title: Date: CITY OF I,OMPOC By: Title: Date: MODESTO IRRIGATION DISTRICT By: Name: Title: Date: CITY OF PALO ALTO By: Name: Title: Date: - CITY OF REDDiNG By: Title: Date: CITY OF ROSEVILLE By: Name: Title: Date: , i DRAI~r - March 12, 2001 SACRAMENTO MUNICIPAL UTILITY DISTRICT By: Ns_rfle: Title: Date: CITY OF SANTA CLARA By: Name: Title: Date: TURLOCK IRRIGATION DISTRICT By: Name: Title: Date: CITY OF UKI_AH By: Name: Title: Date: PLUM_AS-SIERRA RURAL ELECTRIC COOPERATIVE Title: Date: DRAFT- March 12, 2(301 TRANSMISSION AGENCY OF NORTHERN CALIFORNIA Title: Date: 10 · DRAFT- March 12, 2001 EXISTING TRANSMISSION IN WESTERN SYSTEMS C'OORDINATING COUNCIL (250.-kY & ABOVE) GRAND COULEE LEGEND ............ 500-kY ,545- kV 250-kY ...... 500-kY DC · · · SOUTHERN CALIFORNIA 230-KV SYSTEM I#TKIN&TIO#AL I"¢. SEE CUT-OUT FOR MORE DETAIL ITEM NO.: 6¢ DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR THE PURCHASE OF ELECTRIC METERS TO WESCO IN THE AMOUNT OF $6,378.91. In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,000 but less than $10,000. A quotation was requested for the purchase of 196-FM 2S ABB electric meters. ABB meters and software were determined by City Staff to be the best application for the needs of the City. The meters will be placed in warehouse stock for new services and the continuing meter change out program. Wesco is the sole supplier for ABB meters, (ABB policies for distribution, see attachment). A purchase order was issued to Wesco in the amount of $6,378.91 including tax and freight. The meters have been budgeted in the 2001/2002 Fiscal Year in Account Number 800.3650.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of bid to Wesco in the amount of $6,378.91. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen A~vised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment~: ABB Distr~ion Policies APPROVED' ~~l~~ /~-~ Candace H~sley% ~ity Manager ~UG Z9 '97 i4:54 F~ ~ ~O~E~$ LRNE 919 ~1~ 4717 TO 917074~7~811 P.01×0~ ABB Network partner ABB Power T&D Company inc. Information Systems Division 201 South Rogers Lane Raleigh, North Carolina 27610-2107 USA Tel: -1-919-212-4700 Fax:+1-919-212-4717 FacsimileTransmittal TO: cc: From: City of Ukiah, California Pat Cordgan Date: 8/29/97 Total pages including this one: SUBJECT: Single Distribution Telefax: 7074672811 Direct Line: Telefax: +1-919-212-5071 +1-919-212-4717 To the Honorable Board of the City of Ukiah, CA: We do not have multiple channels of distribution for our metering product lines. We tried using multiple channels at one time, but the result was extreme difficulty coordinating effective service and support back to the operations departments of our many public power customers. In public power metering, service and support have always been critical issues but they are even more so today. We know our metering operations customers very well and we know that they operate with a very high level of integrity. At the end of the day, they are the keepers of the cash register of our industry. By keeping close tabs on our distributors we are able to achieve a higher confidence that our distributors are properly supporting our public power customers; thereby preventing mistakes and misunderstandings. Modem electricity meters produced today (like our Alpha Meter) can hold measurement accuracies anywl~ere from five to twenty times better (closer to true 100%) than the older electromechanical meters. They can also offer much more information about the quality and diagnostic natures of the electricity at the service point. However, excellent technical and commercial support are essential to succesful use of the new metering technology. .~fully/~ Patrick Corrigan Marketing Manager Electronic Metering AUG 29 '9? 14:55 FR ABB ROGERS LANE August 25, 1997 · ~MIN. 70?/463-6200 · POUCE463-6242 · FIRE463..6274 ABB POWER T & D 201 S. Rogers Ln. Raleigh, NC 27610 ' Att'n: Pat Corrigan Re: ABB-New Generation Alpha Plus Meters As per our City Municipal Code, under Article 2 - Bidding Procedures, we are required to solicit bids/proposals from a minimum of t~ suppliers/distributors. We request your assistance in providing us with three supplier/distributors in California and/or Oregon, Washington, Nevada or Arizona. #2 Company Name_ Address Contact ~3 Company Name Address__ Contact _ _ ,t t t,--/ .- ,' Judy Jenney/Public Utilities O . ~,ax/~ . ,_A ~' i: 707/467-2825, Fax: 707/467-2811 ~, ,,,., , . ' 36~f'~'>-'~'5 f/x' .. AI~G~-~ '97 12:51 7074572811 PAGE.O1 TOTAL PAGE.02 ** ITEM NO. 6d DATE: July 18.2001 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE REPAIR OF AN INFLUENT PUMP BY BARRYESSA PUMPS AND REPAIR, INC. FOR THE ESTIMATED COST OF $5,936.75 PLUS FREIGHT. As routine scheduled maintenance at the wastewater treatment plant, staff removed an influent pump from service and sent it to Barryessa Pumps and Repair, Inc. to be rebuilt. After tear-down and inspection, Barryessa Pumps and Repair, Inc. submitted an estimated cost of $5,936.75 plus freight to rebuild this pump. A Purchase Order has been issued to Barryessa Pumps and Repair, Inc. for this estimated amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. This repair will be funded by Account Number 61 2.3580.302.000. RECOMMENDED ACTION: Receive and file report regarding the repair of an influent pump by Barryessa Pumps and Repair, Inc. for the estimated cost of $5,936.75. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: None (~an"~ace Horsley, ~i~ Manager AGENDA SUMMARY ITEM NO. 6e DATE: July 18, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION REMOVING ON STREET PARKING AND ESTABLISHING A NO PARKING ZONE ALONG NORTH OAK STREET SUMMARY: A citizen submitted a request to the Traffic Engineering Committee (TEC) to evaluate the sight distance at the North Oak Street and West Smith Street intersection. Apparently vehicles parked along the east side of North Oak Street north of West Smith Street obstruct the view of drivers attempting to drive through the intersection on West Smith Street. A location map, Attachment 2, is included for reference. The TEC reviewed this request at its regular meeting of June 19, 2001 and recommended that staff evaluate the corner sight distance and submit a request for a no parking zone (to establish necessary corner sight distance) for approval by the City Council. EXISTING CONDITIONS: West Smith Street is a single-lane street, one-way westbound, with a stop sign at its intersection with North Oak Street. North Oak Street is a two-lane street, one lane northbound and one lane southbound. (continued on page 2) RECOMMENDED ACTION: Adopt Resolution Establishing a No Parking Zone on North Oak Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Peter Richardson, Rainbow Construction Diana Steele, Director of Public Works / City En~[nee~ Rick Seanor, Deputy Director of Public Works~,/l~'~- Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map C~anda~e Hors RJS: AgnpOakAtSmith Manager Page 2 Adoption of Resolution Establishing a No Parking Zone along North Oak Street July 18, 2001 SIGHT DISTANCE: At the direction of the TEC, staff evaluated sight distance at the intersection in accordance with the recommendations in the Caltrans Highway Design Manual, Table 405.1A (Corner Sight Distance). For a design speed of 25 mph, a corner sight distance of 275 feet is specified. To establish the required line of sight, a no parking zone beginning at the curb return at the northeast corner of the intersection of North Oak Street and West Smith Street and extending 22 feet north along the east curb line of North Oak Street is required. Staff also noted, when stopped at the intersection, there are bushes located at the northeast corner of North Oak Street and West Smith Street which somewhat obstruct the driver's visibility of North Oak Street southbound traffic. However, by establishing the recommended no parking zone, the major obstruction to driver's visibility will be removed. Staff will contact the property owner at the northeast corner of the intersection to request pruning of the bushes to improve sight distance in accordance with the city code. PARKING IMPACTS: The net result of the proposed action will be a loss of one on-street parking space. Should the attached resolution be adopted, parking space for one vehicle would remain along the east side of North Oak Street between West Smith Street and Rainbow Construction's garage driveway to the north. Staff spoke to Mr. Peter Richardson, Rainbow Construction, 294 West Smith Street, regarding the loss of a parking space in front of his business. Staff will also send a copy of this agenda report to Rainbow Construction to advise them of the proposed elimination of one on-street parking space. CONCLUSION: Staff recommends adoption of the resolution removing on street parking at the described location on North Oak Street. This recommendation is consistent with the design procedures identified in the Caltrans Highway Design Manual. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING A NO PARKING ZONE ALONG NORTH OAK STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Section 21458 of the California Vehicle Code provides for no parking adjacent to curbs painted red; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from Council Member Libby to establish a "No Parking Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request regarding this "No Parking Zone", NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a "No Parking Zone" on the east side of North Oak Street, beginning at the intersection with West Smith Street and extending 22 feet North. PASSED AND ADOPTED this 18th day of July, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2002- Page I of 1 N~'c,'n--I v,qK ST, J2 ¢..I VEW'~ Y ~ , ITEM NO. 6r DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AIRPORT HANGER LEASE WITH DOUG BAKER An existing hanger at the Ukiah Regional Airport, which had previously been occupied by the Planeworks, has been vacated and is now available for lease. In order to seek qualified applicants for lease of the facility, staff placed an advertisement in the Daily Journal, which briefly described the hanger and requested proposals. The notice was also posted at the Airport. In response to the ad, proposals were received from Doug Baker, Eagles Nest Aviation, and T & M Aviation. Eagles Nest and T & M are existing airport fixed base operators seeking expansion and Doug Baker is a new business under the name of Baker Brother's Aviation. In addition to reviewing the proposals, staff has met with all three applicants as well. The three proposals are attached for the Council's review. Baker Brother's Aviation proposal is to start a new full service fixed base operation that would offer full aviation maintenance, avionics installation and repair, charter service, flight instruction and crew facilities for incoming flights. These services are currently offered at various locations around the Airport, however, Baker Brother's would offer a single location for consolidation of services. Baker Brother's initial proposal is for a five-year lease in the amount of $975 per month with an option for a five-year extension in the amount of $1,005 per month. Mr. Baker has agreed to beginning the lease at the $1,005 per month rent and to include the City's standard annual escalator clause in the lease equal to the Consumer Price Index. In addition, Mr. Baker is proposing several improvements, including complete relandscaping of the hanger's west frontage facing State Street, new paint of the entire hanger exterior, seal coat the parking tie down area between the hanger and the taxiway, and construction of a covered storage addition and wash down area on the north side. All improvements would be completed by and funded by Mr. Baker. (Continued on Pa.qe 2) RECOMMENDED ACTION' Approve lease with Doug Baker for existing airport hanger. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine approval of lease requires further consideration and remand to staff with direction. 2. Determine approval of lease is inappropriate at this time and do not move to approve. Yes Ukiah Regional Airport Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and Don Bua, Airport Manager APPROVED' LD/ZIP Hanger.asr . Proposed Lease with Baker Brothers Aviation Proposals From Applicants Candace Horsley, City I~nager Eagles Nest also offers full service maintenance and some avionics. According to its proposal, the business would expand these services to a second location. Eagles Nest has only been located at the Airport for the past two years, however, the owners indicate the business has grown significantly since commencing operations. The owners have also been very proactive in promoting the Airport through newsletters and special promotional events. While their proposal does not specifically include a rent amount or length of term, the business owners have indicated they would be willing to match the amount proposed by the other applicants. T & M Aviation is also an existing fixed base operator on the Airport, which specializes and is currently limited to aircraft maintenance services. The proposal as submitted would be to vacate the current location and continue the existing maintenance services in the Planeworks hanger. T&M would also upgrade the landscaping and resurface the tie down area. The terms and conditions of the proposal are for twenty (20) years, commencing at $900 per month with an annual escalator clause not to exceed 2%. While all three proposals offer the Airport the opportunity to continue valuable fixed base operation services, staff believes the Baker proposal provides the additional value of enhancing and ensuring the continuation of essential airport services such as flight instruction and charter flights. As such, staff is recommending approval of the lease with Doug Baker of Baker Brothers Aviation for a period of five years in the amount of $1,005 per month, with all other terms and conditions as defined in the attached lease. LEASE AGREEMENT This Lease, made this 1st day of August, 2001, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Doug Baker dba Baker Brothers Aviation, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code 37380, 37389 and 37395 to lease municipal and airport property. 2. Under Government Code section 37389 the Lessor has the authority to lease airport property for a term not to exceed fifty (50) years for the construction and maintenance of hangars and related purposes. 3. Lessee intends to lease airport property and a hangar from Lessor for aviation related purposes. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor the real property and improved hangar located at the Ukiah Regional Airport, known as "the leased premises." 2. TERM. The term of this lease shall commence on the date indicated above, and shall continue in effect for a period of five (5) years, expiring at midnight on July 30, 2006. Lessee shall have the right to extend this lease contingent upon the terms and conditions agreed upon at that time. 3. RENT. 3.1 Amount. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $1,005 per month for the use of said property. At the commencement of each subsequent year the rent shall be increased at the rate equal to the Consumer Price Index, however not to exceed 5%. 3.2 When due; late fees and interest. Rent shall be due on the fifth (5th) day of each month and shall be considered delinquent if not received by the Lessor's Finance Department located at 300 Seminary Avenue in Ukiah by 5:00 p.m. on the tenth (10th) day of the month. Lessee shall pay a late fee of $10, if the payment is delinquent. In addition, Lessor may charge Lessee interest on the unpaid portion of the delinquent payment until paid in full as provided in Ukiah City Code section 2051. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes, and assessments imposed on the leased premises, property located on or affixed to the lease premises or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. 4.1 Condition of the leased premises. Lessee hereby agrees to accept the use of the leased premised in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee assumes the obligation at its own expense to remove and properly dispose of any toxic or hazardous substances that may exist on the premises, if such substances are to exist on the premises and must be removed in order for Lessee to make use of the leased premises. Lessee represents that it has made a thorough in- spection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or present on the leased premises. 4.2 Use of Hangar. Lessee shall use the leased premises for the active operation of a business exclusively for aviation related purposes in accordance with adopted airport hanger use policy. More specifically Lessee's fixed base operation shall include but not be limited to the following: aviation equipment maintenance, avionics, flight instruction, and charter service. If Lessee fails to use the Leased Premises for such purposes for a period of ninety (90) days, the lease shall terminate and Lessee shall restore possession to Lessor. Lessee shall keep the hangar neat and orderly, and clear of all cans, rags, boxes, excess aircraft parts, and other items. Lessee shall not interfere with the use of the airport by others and shall not maintain or allow a nuisance on the Premises. 4.3 Improvements and modifications. Lessee agrees to complete the following improvements within the first one-hundred-eighty (180)days of this lease: a. Landscape the area immediately around the hanger. b. Paint the hanger exterior. c. Seal coat the tie-down area between the hanger and the taxiway. d. Construct an open wash area and enclosed storage attached to the north side of the hanger. Except for the items specifically identified in this paragraph Lessee shall not make any improvements without the prior written approval of Lessor through its City Manager or his or her designee. 4.4 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements. 4.5 Storage or use of toxic or hazardous substances. Lessee shall not dispose or permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or toxic substances are disposed of or released on the leased premises during the term of this lease, Lessee shall assume the entire obligation to clean up any such substances and shall fully indemnify, defend and hold harmless the Lessor and its officers, agents and employees from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. 4.6 Permits. Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises. 4.7 Compliance with laws. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California, and the Federal Government. 4.8 Utilities. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or sublet the said premises or any part thereof without the written consent of the Lessor. Lessor may terminate this lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assignment" includes both voluntary assignments and assignments that occur involuntarily or by operation of law. 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the leased premises, any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all claims, liability, loss, cost, or other obligation, including reasonable attorneys' fees, on account of or arising out of Lessee's use of the leased premises. 6.2 Liability insurance. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute a material breach of the lease and furnish grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event, Lessor shall have the right to terminate this lease and retake possession of the lease premises and any improvements which upon termination of the lease become of the property of Lessor. If Lessee has not breached the lease at the time the lease terminates and Lessor determines to relet the premises to non-governmental persons or entities for hangar purposes, Lessee shall have a right of first refusal to relet the Premises on the same terms and conditions the Lessor offers to such other persons or entities, if Lessee notifies Lessor that it wishes to exercise such right within ten (10) days of the date it is notified by Lessor that Lessor intends to relet the Premises. 8. HOLDING OVER. Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon. 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs and attorneys' fees. 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. Any written notice required hereby shall be deemed given and received when personally served or placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: TO CITY: Baker Brothers Aviation City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 14. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 15. PREVIOUS AGREEMENTS. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 16. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: By: City Clerk LESSEE By: Its: Ukaih Regional Airport 1411 S. State St. Ukiah, CA 95482 RE: Proposal For Hangar Space In response to the letter dated March 1, 2001, Baker Brothers Aviation would like to submit the following proposal. Baker Brothers Aviation would like to start a full service fixed base operation. Services offered will include flight instruction, charter, full service maintenance, avionics repair station and crew rest facilities. Baker Brothers Aviation at present has no facilities at the Ukiah airport. The hangar outlined in the letter would fit the needs of our proposal. Included in this proposal, Baker Brothers Aviation would like to provide the following improvements. 1.Landscape the area immediately around the hangar. 2. Paint the hangar to conform more with new construction in the surrounding area. 3. Seal coat the parking/tiedown area in fxont of the hangar to the taxiway. 4. construct a "lean to" on the north side ofthe hangar to provide a wash down area for aircraft and a enclosed storage area. The above improvements will be provided by Baker Brothers Aviation with the full approval of the airport staff and the city. Some consideration should be given to interested parties that currently have no facilities at the airport. With the improvements cited above Baker Brothers Aviation would pay rent in the amount of; $ q/7.5~'~er momh for the first 5 years $ /0t3 :K ~-per momh for the second 5 years RespeCtfully, ~//?~~ Doug l~aker __~_/. ~ /.0 [ Eagle's Nest Aviation Quality Aircraft Services 1465 South State Street Ukiah, CA 95482 Phone: 707- 462- 0110 CRS # E4KR847Y April 13, 2001 Don Bua, Manager Ukiah Municipal Airport 1411 S. State Street Ukiah, CA 95482 Dear Don: Enclosed is Eagle's Nest Aviation's proposal for leasing the facilities at 1401 S. State Street. We understand that, in addition to the monetary proposal, deep consideration will be given to the type and quality of the user entity that would occupy the facility as it pertains to the Ukiah Airport and the surrounding community. On that basis we offer this overview. Much of this information was cited in a previous letter stating ENA's intent to bid (see copy enclosed). The present letter repeats and updates that information for the sake of clarity. Eagle's Nest Aviation has been operating a quality maintenance/repair business serving the Ukiah aviation community for well over a year. All three of its owners are aircraft enthusiasts dedicated to continue providing this service, not only as a successful business entity but also as a proactive participant in airport activities. We have frequently supported the airport by providing a voice for city and airport management in matters such as safety and noise abatement. We will continue to do so through both our monthly newsletter and our actions. Our newsletter is circulated in Mendocino County and the surrounding counties where most of the pilots who use the Ukiah Airport live. ENA, in conjunction with the Airport Commission, is active in planning and participating in airport activities. In addition, some of our employees participate in the Mendocino County Search and Rescue group. ENA is an FAA Certified Repair Station (#E4KR847Y) that currently has a yearly payroll in excess of $110,000 (up from $70,000) and expects to expand such that our payroll will exceed $200,000 in the near future. Part of this expansion is based on the addition of avionics repair and installation capability. We have recently been awarded dealership status for S-Tec autopilot systems, Apollo communication and navigation systems, and PS Engineering audio systems. ENA's primary financial management partner has a proven expansion record as evidenced by his thriving DFM Car Stereo/ Propage business, with a current annual payroll over $600,000. Don Bua, Airport Manager Re: Proposal by Eagle's Nest Aviation April 13, 2001 Page 2 To expedite our expansion, ENA would move its maintenance/repair operation to the facility cited above instead of building new facilities. Further, it is ENA's understanding that a shortage of hanger space will prevail until a planned building effort is completed. Therefore ENA would be in a position, if it were in the airport community's best interest, to rent or lease our current hanger to other entities until those new hangers are built. Sincerely yours, Brian Brodoski, Owner/President Floycl Smoller, Owner/General Manager Enclosures (2) cc: Candace Horsley Eagle's Nest Aviation Quality Aircraft Services 1465 South State Street Ukiah, CA 95482 Phone: 707- 462- 0110 PROPOSAL BY EAGLE'S NEST AVIATION FOR LEASE OF FACILITIES' LOCATED AT UKIAH MUNICIPAL AIRPORT Eagle's Nest Aviation (ENA) hereby proposes to lease the facilities located at 1401 South State Street, Ukiah, California, for $850.00 per month. ENA is prepared and willing to increase this proposed lease rate to a sum that would exceed by $25.00 per month the rate proposed by any other bidder above $850.00 per month. ENA is also willing to negotiate any changes in its proposal to satisfy requirements of the City of Ukiah and airport management, financial or otherwise, not anticipated by ENA at the time of this proposal. ENA's proposal includes the reasonable repair and maintenance of the surrounding landscaping and immediately adjacent ramp area at ENA's expense and commensurate with airport policy. ENA assumes that normal maintenance commensurate with common rental practices will be handled by the City. ~rrian Brodo}ki, oWner/President Floyd Smoller, Owner/General Manager Date: January 25, 2001 Eagle's Nest Aviation Quality Aircraft Services 1465 South State Street Ukiah, CA 95482 Phone: 707- 462- 0110 Don Bua, Manager Ukiah Municipal Airport 1411 S. State Street Ukiah, CA 95482 Dear Don: Eagle's Nest Aviation is presenting this letter in anticipation Of submitting a bid to lease the facilities at 1401 S. State Street as soon as bidding is opened. We trust that, in addition to the monetary bid, deep consideration will be given to the type and quality of the user entity that would occupy the facility as it pertains to the Ukiah Airport and the surrounding community. On that basis we offer this overview. Eagle's Nest Aviation (ENA) has been operating a quality maintenance/repair business serving the Ukiah aviation community for over a year. All three of its owners are aircraft enthusiasts dedicated to continue providing this service, not only as a successful business entity but also as a proactive participant in airport activities. We have frequently supported the airport by providing a voice for city and airport management in matters such as safety and noise abatement. We will continue to do so through both our monthly newsletter and our actions. Our newsletter is circulated in Mendocino County and the surrounding counties where most of the pilots who use the Ukiah Airport live. ENA, in conjunction with the Airport Commission, is active in planning and participating in airport activities. In addition, ENA members participate in the Mendocino County Search and Rescue group. ENA is in the process of completing the requirements for a FAA Certified Repair Station and expects to receive its certificate in early February. ENA currently has a yearly payroll in excess of $70,000 and expects to expand such that our payroll will exceed $200,000 in the near future. ENA's primary financial management partner has a proven expansion record as evidenced by his thriving DFM Car Stereo/Propage business, with a current annual payroll over $600,000. To expedite our expansion, ENA would move its maintenance/repair operation to the facility cited above instead of building new facilities. Further, it is ENA's understanding that a shortage of hanger space will prevail until a planned building effort is completed. Therefore ENA would be in a position, if it were in the airport community's best interest, to rent or lease our current hanger to other entities until those new hangers are built. Sincerely yours, Brian Brodoski, Owner/President cc: Candace Horsley, City Manager Floyd Smoller, OwnedGeneral Manager .~,~-27-01 :,. Ob 20 PI'1 OITY O? UKI~iH F~× NO. 707 463 8204 · P. 02 49 Belly St. ' Ukkah, CA 95482 Phone (707) 462-1417 tmaviatioa~pacific. March 22, 2001 Candaee I-lonely City Manager 300 Seminary Ave. Ukiah, CA 95482 Hello, I would like {o have thc opportunity to enter a proposM for bid on the aircraf~ maintenance hanger at the Ukiah Regional Airport. The hanger mentioned is known as The Plane Works hanger and is currently unoccupied. I would like to submit a proposal for a 20-year lease with a starting monthly rent of $900/month, with annual increases in line with the current 2% rate. I would also agree to the landscaping of the leased area by a professional landscaping company and the paving or sealing of the leased pavement and tie-down area in front of the hanger. T & M Aviation is a fast growing FBO that was started in the fall of 1996. We have two full-time employees and 2 part-time employees and plan to hire three to five more full-time employees. Thc opportunity to expand into an existing maintenance facility has many advantages and time savings over other alternatives. It also gives T & M Aviation the opportunity to oft~ an expanded line of servic~ to the aviation community of Northern California. Sincerely, Item No.. Date: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO CITY COUNCIL REGARDING ADDITIONAL SERVICES REQUIRED FOR KENNEDY/JENKS CONSULTANTS TO COMPLETE THE DRINKING WATER SOURCE ASSESSMENT REQUIRED BY THE STATE DEPARTMENT OF HEALTH SERVICES FOR THE AMOUNT OF $7,380.00. REPORT: At the March 7, 2001 meeting, the City Council authorized Kennedy/Jenks Consultants (K/J) to prepare a Drinking Water Source Assessment (DWSA) in conjunction with the joint Watershed Sanitary Survey for the City of Ukiah (City), Millview County Water District (MCWD), and Redwood Valley County Water District (RVCWD). Several factors beyond the control of staff have contributed to K/J request to increase the budget of this project. As with the original agreement, each water agency will pay its share of these additional costs. The cost breakdown is as follows: City $ 4,960 MCWD $1,210 RVCWD $1,210 Purchase Order #33517 has been amended to reflect these additional costs. We are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the cost for additional services to complete the Drinking Water Source Assessment required by the State Department of Health Services for the sum of $7,380.00. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED:L ~ ~-~~'~ Candace Horsley, ~y/Manager ITEM NO. 8a DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT ON AND APPROVAL OF VOLUNTARY GUIDELINES FOR OPERATION OF LEAF BLOWERS IN THE CITY OF UKIAH In response to Council direction, staff is providing this report on the adoption of guidelines relating to the use of leaf blowers in the City of Ukiah. Provided in Attachment #1 is a letter which defines the guidelines enacted on a trial basis by the City's Parks and Golf Divisions last March. The guidelines, which are voluntary by the private sector but mandatory for City crews, are based upon input and discussion at the time the Council originally considered this item. Also in March, staff attempted to schedule workshops with the landscape maintenance community with no response. The new standards specifically limit the operation of leaf blowers from 8:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Excluding emergencies, City staffwill not be operating leaf blowers on Sundays, at any time of day. The voluntary guidelines defined in the draft letter, also requests the private sector comply with this guideline as well. In addition to the limited hours of operation, the guidelines set a standard for the equipment itself by requiring a manufacturer's certification that equipment will operate at 65 decibels or less when heard at a distance of 50 feet. (Continued on Pa,qe 2) RECOMMENDED ACTION: Receive report and approve voluntary guidelines for operation of leaf blowers in the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine leaf blower guidelines require revision and approve as revised. 2. Determine approval of leaf blower guidelines is not appropriate and do not approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Baldwin 0 Larry W. DeKnoblough, Community Services Director J- ~,, Candace Horsley, City Manager 1. Draft letter to private sector landscape firms. ! APPROVED: ,. Candace Horsley, y Manager LD/ZIP Leaf blowers.asr Staff's intention in enacting these guidelines in March was to determine the impacts on maintenance operations and work scheduling which would result from limiting the hours of operation. While it has created some difficulties for the Golf Division, as golfers arrive early in the morning limiting the ability to clean the parking lot, the new guidelines have not generally had a significant negative impact. However, it should be noted that additional difficulties will be experienced during the Fall due to leaf drop. In addition the new, quieter equipment could not be purchased until the adoption of the Fiscal Year 2001/02 budget. The Purchasing Division is now obtaining bids for the new blowers. While many of the conditions encountered by private sector landscape companies may be significantly different, and on a much smaller scale than those faced by our Parks and Golf Divisions, staff believes the new guidelines will not significantly impact these businesses and is recommending approval. Should the Council approve the Guidelines as proposed, staff will forward the attached letter to all firms operating in the Ukiah area. 300 SEMI~RY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · EMAIL: ukiahcty®jps.net · July 11,2001 Dear Landscape Professional' The Ukiah City Council has recently requested that standards be established for the use of leaf blowers by the City's Community Services Department. The Council has also requested that these standards be forwarded to private landscape companies who work within the City of Ukiah for the purpose of establishing voluntary compliance by yourselves and your employees. The purpose of establishing these standards is to protect the quality of life in our community by minimizing the impacts of mechanized landscape maintenance activities in residential neighborhoods. Beginning in March of this year the Parks and Golf Divisions of the City of Ukiah began limiting the operation of leaf blowers to between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 9:00 a.m. to 3:00 p.m. on Saturdays. Excluding emergencies, City crews will not operate leaf blowers on Sundays. In addition to these limited hours of operation, to further reduce noise impacts the City is replacing our existing equipment with quieter machines which carry a manufacturers certification to operate at 65 decibels or less when measured at a distance of 50 feet. The issue of increasing noise impacts in neighborhoods resulting from leaf blowers and the public complaints which have arisen because of it, has forced many communities to pass regulatory restrictions, including total bans, on this valuable piece of maintenance equipment. It is our hope that by enacting these policies, the City of Ukiah will serve as an example and encourage all of our local landscape businesses to join us and use their equipment responsibly. By voluntarily implementing these policies and practices for your business now, you can help minimize unnecessary noise impacts on your neighbors and clients and assist in preserving the continued use of leaf blowers in the future. Thank you for your cooperation in enacting these voluntary standards and should you have any suggestions, questions, or concerns please contact me at 463-6221. Sincerely, Larry W. DeKnoblough Community Services Director 'We Are Here To Serve" ITEM NO. 8b MEETING DATE: .luly 18, 2001 AGENDA SUMMARY REPORT SUB.1ECT: APPROVAL OF BACKUP GENERATOR AGREEMENT WITH EDGE WIRELESS When the Council approved the lease agreement for the radio tower with Edge Wireless, it was determined that an agreement to provide backup generator services to the tower in the case of an electrical blackout was necessary. The City Attorney has dralted an agreement for Edge Wireless to review and they have returned the document with two small modifications. One is that if the City terminates this agreement for use of the generator, Edge Wireless will be allowed to bring in a portable backup generator to provide electricity to its equipment in the event of a power outage. Secondly, if the City agrees to an assignment under the license agreement, additional consent will not be required for the generator agreement. Both staff and the City Attorney feel that these two modifications are appropriate and recommend approval of the Backup Generator Agreement. RECOMMENDED ACTION: Council approve Backup Generator Agreement with Edge Wireless ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council approve revised agreement or remand matter to staff for further negotiations Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: 1. N/A N/A Candace Horsley, City Manager ~,~' Dave Rapport, City Attorney Backup Generator Agreement with Edge Wireless Approved: Candace Horsley, City Manager ,',:Can:ASREdge.701 BACK-UP GENERATOR AGREEMENT This Back-Up Generator Agreement is made and entered into the~ day of June 2001 ("Effective Date"), by and between the City of Ukiah, 300 Seminary Road, Ukiah, California 95482 ("City ") and Edge Wireless LLC, an Oregon limited liability company, Attention: Sr. Real Estate Manager, 600 SW Columbia, Suite 7200, Bend, Oregon 97702 ("Edge "). RECITALS: 1. City and Edge have entered a License Agreement under which Edge will construct a 100 foot tower for communications antennas, including PCS Wireless Telephone antelmas used by Edge, and an equipment building to house communications equipment, including equipment used by Edge. 2. The property which Edge is authorized to use under its License Agreement with City is located at the Ukiah Civic Center. 3. As a provider of wireless telephone service, Edge requires a back-up generator which can provide electrical power to its communications equipment in the event of an interruption in or loss of regular electric service. 4. The City maintains a back-up diesel generator at the Ukiah Civic Center for use when the Civic Center experiences a loss of or interruption in regular electric service. 5. The City is willing to make that back-up diesel generator available to Edge for use during the term of its license under the License Agreement, provided Edge pays all costs associated with its use of the City's diesel generator. AGREEMENT: In consideration of and reliance upon the above-recitals and the terms and conditions as further stated herein, the parties agree as follows: 1. The City will furnish Edge with emergency electrical power for its communications equipment located on property Edge has licensed from the City (the "licensed premises"), during such time that all of the following conditions are met: A. the City maintains a diesel generator at the Ukiah Civic Center with sufficient excess capacity above the City's requirements for emergency power generation to satisfy the needs of Edge for an emergency power source for its communications equipment on the licensed premises; B. The License Agreement remains in effect; and C. Edge makes all payments required by this Agreement in accordance with this Agreement. 2. Edge shall pay a fee for the availability and use of the back-up power provided under this Agreement equal to the actual cost of furnishing power to Edge during emergencies, payable within ten (10) days after the City provides Edge with a bill for such costs. Edge expressly agrees that the City may terminate this Agreement at any time that it determines, in its sole discretion, that the diesel generator does not have sufficient capacity to provide emergency power to Edge, upon not less than 30 days prior written notice to Edge. If the City terminates this Agreement prior to termination of the License Agreement, or if the City is otherwise unable to provide emergency power to Edge, Edge shall be entitled to use a portable backup generator to provide electricity to its equipment in the event of a power outage. 3. Edge will receive back-up power in emergencies only as part of the same emergency power system operated by the City for the Civic Center. Edge understands and agrees that the diesel generator is designed to commence operation automatically, when there is an interruption or loss of power at the Civic Center, but there is a brief period after the power loss or interruption before the diesel generator begins producing emergency power. Edge expressly assumes the risk of any damage to its equipment, data or software caused by this interruption of power. A. Edge hereby waives and releases the City from any claim for damages or loss resulting or alleged to result from the provision of emergency power under this Agreement or the failure of the City to furnish emergency power hereunder, regardless of the cause. This waiver and release extends to any such claim or damage whether based on any act or omission of the City or its officers, agents, employees, contractors or volunteers and whether based on strict liability, negligence, gross negligence or intentional wrongdoing. B. Edge shall protect and defend the City against any claim for money made by third parties, including customers of Edge or its affiliates or contractors, against the City, if the claim is based on the City's obligation to furnish emergency power under this Agreement, regardless of whether the act or omission involves strict liability or allegedly negligent or intentionally wrongful acts or omissions of the City or its officers, agents, employees, contractors or volunteers. All obligations imposed on Edge by this Subparagraph B will extend to the City and its officers, agents, employees, and contractors. Under its obligation to defend the City, Edge shall provide at its expense such attomeys, investigators, consultants, experts or other professionals as may be necessary to defend any such claim or demand and shall pay all expenses associated with such defense, including any expenses incurred by the City to assist or participate in such defense. If Edge fails to provide competent representation when necessary to prevent any prejudice to the City's interests, the City may retain such services and incur such expenses as may be reasonably prudent to protect its interests and Edge shall pay any such expenses incurred by the City within 30 days of the date the City provides the Edge with written notice of the expense and a demand for payment. In agreeing to indemnify City under this paragraph, the Edge shall pay any settlement or judgment resulting from a claim, demand, cause of action or suit covered by this agreement to indemnify the City. This indemnification and hold harmless provision of this Agreement shall remain in effect, even if the Agreement is otherwise terminated or fully performed. 4. This Agreement shall be governed by the laws of the State of California. Any action filed by either party arising out of this Agreement shall be filed in the state courts in Mendocino County, each party consenting to the jurisdiction and venue of such courts. 5. Miscellaneous: 5.1. Edge shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City; provided that no consent shall be required for assignment of this Agreement to a permitted assignee of the License Agreement. 5.2 The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 5.3 This Agreement contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 5.4 No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 5.5 Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or when deposited in the United Sates mail with proper first class postage affixed thereto and addressed as stated in the first paragraph of this Agreement. 5.6 This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. WHEREFORE, the parties have entered this Agreement on the date first written above. THE CITY OF UKIAH EDGE WIRELESS, LLC By: By: Printed: Printed: Title: Title: ITEM NO. $c MEETING DATE: ]ulv 18. 2001 AGENDA SUMMARY REPORT SUB]ECT: STATUS REPORT REGARDING FIRE ]OINT POWERS AUTHORITY (JPA) The Fire .1PA Subcommittee has completed its review of the draft Joint Powers Agreement for the Ukiah Fire Authority and staff is now analyzing the comments to submit to Attorney Elizabeth Silver for final drafting. Once the draft is complete, it will be brought forward to the Council in August for discussion. After the attorneys have drafted the .1PA Agreement, we will turn our attention to the other two contracts, which include the agreement with the City for personnel services and the agreement between the City and District whereby the City will agree to hire the current District employees. In the meantime, the Fire District has begun negotiation sessions with its employees regarding the consolidation and the City has set a date for negotiations with our paid staff to discuss the new contract for implementation October 1, 2001. We are working on setting a date for Meet and Confer on the fire .1PA issues such as seniority. On Wednesday, .luly 11, 2001, Mayor Ashiku, Councilmember and ]PA Subcommittee member Eric Larson, and I attended the Ukiah Valley Fire District Board meeting where we discussed the ]PA and answered questions from the District Board. This provided an ~ excellent opportunity to dialog with the District Board and to better understand its issues. At the end of the meeting, the Board members voted unanimously in support of the ]PA process. Staff is providing this status update for Council's information and we will be returning in August with the ]PA document for discussion. RECOMMENDED ACTION: Council accept status report regarding ]PA issues. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Dan Grebil, Interim Fire Chief, and Dave Rapport, City Attorney None Approved' '---~"~/~:~~--,~,.-._ . Candace Horsley, C Manager 4:Can:ASRFirejpa.701 ITEM NO. 9a DATF' .hJly 1R, 2{301 A~I::NnA RI=pORT SUBJECT: Status Report on Energy Conservation Program. REPORT: On April 11,2001 Governor Davis enacted an energy efficiency and demand reduction program by signing into law SB1 5x, by Senator Sher (D-Palo Alto), and AB1 29x, by Assembly member Christine Kehoe (D-San Diego). Together, the two bills allocated $859.1 million to the California Energy Commission to fund energy conservation and distributed generation programs designed to save over 3,000 megawatts this summer. Under SB1 5x, the Northern California Power Agency (NCPA) received $8 million of the $40 million available to municipal utilities to fund projects submitted by NCPA members to reduce energy use and peak loads. The City of Ukiah submitted two projects and was approved for $80,000 to fund these projects. The attached report presents details of Ukiah's energy conservation projects approved for funding. Information is also provided on current and new energy conservation programs of other NCPA members. RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not accept report and direct staff as to alternatives. Citizen Advised: N/A Requested by: Darryl L. Barnes, Public Utilities Director Prepared by: Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: 1. Status Report APPROVED:' I~ {~ -- Candace Horsley, Ci~~anager City of Ukiah Ukiah Utilities Status Report on Energy Conservation Program July 18, 2001 Status Report on Energy Conservation Program Growth trends in electricity peak demand have strained the adequacy and reliability of California's electricity system. On April 11,2001 Governor Davis enacted an energy efficiency and demand reduction program by signing into law SB1 5x, by Senator Sher (D-Palo Alto), and AB1 29x, by Assembly member Christine Kehoe (D-San Diego). Together, the two bills provide over $800 million for energy conservation and distributed generation programs designed to save over 3,000 megawatts this summer. Under SB1 5x, $534.6 million was allocated to the California Energy Commission (CEC) to fund significant new investments in environmentally superior electricity generation and conservation and demand-side management programs. Of the $534.6 million, $40 million was available to locally owned public utilities for energy efficiency and peak demand reduction measures analogous to those measures and programs funded in the service areas of investor-owned utilities (IOU). Current Energy Conservation Projects From the CEC, the Northern California Power Agency (NCPA) received $8 million of the $40 million available to municipal utilities to fund projects submitted by NCPA members to reduce energy use and peak loads. The City of Ukiah submitted two projects and was approved for $80,000 to fund these projects. The amount of funding available to Ukiah was based on energy sales, peak load, and number of customers. The projects submitted for Ukiah were: 1. Replace four, 5-ton electric HVAC units at Ukiah Civic Center with natural gas units a. Energy use savings - 145,600 kWh b. Capacity savings - 70 kilowatts c. Cost- $20,000 2. Install 6 kW photovoltaic module on new building at Ukiah Civic Center a. Energy use savings - 12,480 kWh b. Capacity savings - 6 kilowatts c. Cost- $60,000 The projects selected for submission were based on the SB1 5x Peak Load Reduction program objectives and requirements. The CEC evaluation criteria were: 1) cost-effectiveness, 2) amount of reduction in summer peak load, 3) amount of time to complete project. All projects would be subject to stringent measurement, verification and evaluation requirements. Access must be provided to all project sites for monitoring and random audits of energy use and load. An annual report must be submitted to the CEC documenting demand reduction, program costs, and cost effectiveness estimates. All funds must be spent by 12/31/2002. According to NCPA, they expected to receive an advanced payment of 50% of the SB1 5x funds from the CEC before the end of July 2001. Within 5 months after receiving the funds, 50% of the targeted electricity savings must be achieved. The remainder of the funds will be sent when at least 75% of the targeted electricity savings have been achieved. Over 90% of the energy use and capacity savings will be realized once the four electric HVAC units are replaced with natural gas units. This can be accomplished with $20,000 from the first advance of $40,000. The Department of Community Services, responsible for replacing the HVAC units, estimates that it will take four to six weeks to replace the units once the money has been received. No problems are foreseen in meeting the CEC energy savings schedule to receive the funding installments. State Funds Available for Energy Conservation In addition to the $40 million for the Municipal Electric Utility program, SB1 5x and AB1 29x also provides funds for numerous other conservation initiatives and incentives. These include: $50 million for energy-efficient household appliances for customers of IOU's $60 million for high efficiency lighting in commercial buildings $35 million to improve demand responsiveness in heating, ventilation, air-conditioning, and lighting in commercial and industrial buildings $35 million $50 million $90 million $50 million $40 million for real-time or time-of-use meters for peak demand of 200 kW or more in Iow-interest loans for energy efficiency projects in schools and local jurisdictions for agricultural load reduction and energy efficiency programs for innovative peak load reduction programs of 20kW or more to increase energy efficiency in state buildings In addition to the conservation measures, program funding also provides: $10 million for a statewide media campaign $7 million for school classroom education on energy $105 million for renewable and other clean distributed generation programs $240 million for Iow-income assistance, including weatherization programs, cash assistance and discounts Tables 1 and 2, at the end of this report, provide a detailed description of all the energy efficiency and demand reduction measures in SB1 5x and AB1 29x. Most of the measures are only for customers of investor-owned utilities or large commercial or industrial users of electricity. There are three measures, which target Iow-income residential users for weatherization grants and discounted utility rates. These programs are administered by North Coast Energy Services in Ukiah. NCPA Member Customer Rebate Programs Information on existing customer rebate programs was compiled from available websites of the municipal members of NCPA. Table 3 shows which of the members offer rebate programs and what rebates are offered. According to the information available on their websites, Biggs, Gridley, Healdsburg, and Lompoc offer no rebate programs. Plumas-Sierra and Truckee Donner offer one program each. Alameda, Lodi, and Redding offer 1-4 appliance rebates in addition to a few customer specific programs. As might be expected, the largest utilities have the most extensive rebate programs. Palo Alto, Roseville, and Santa Clara each offer more than two-dozen different rebate programs with Santa Clara offering more construction and commercial rebate programs than residential. The most common residential rebate offered was on refrigerators. The most common commercial rebate offered was on heat pumps. A request for information on customer rebate programs was sent to all NCPA members with existing programs. Utilities were asked to provide information on: 1. Number of people assigned to customer programs 2. Energy savings realized from programs 3. Level of participation 4. Source of funding, initial & current A summary of the information provided by the utilities that responded is shown in Table 4. The initial funding source for rebate programs was the Public Benefits Charge. On-going program staff requirements range from a minimum of 1 full time program manager with part-time clerical assistance and finance staff to process rebate checks (Lodi Electric) to 25 full time staff (Silicon Valley Power, Santa Clara). Most of the problems reported by the program managers were due to inadequate staffing and/or because the rebate levels were set too high. Redding and Alameda plan to use SB1 5x funds to expand existing rebate programs. Palo Alto intends to use SB1 5x funds to start a compact fluorescent light bulb program. Lodi Electric has decided not to use SB1 5x to fund rebates because of the extensive measurement, verification, and evaluation requirements. Energy Consumption and Conservation Energy is consumed by five primary sectors: commercial, industrial, governmental, agricultural, and residential. Statewide, commercial and residential sectors consume the largest amounts of electricity, each comprising approximately 35% of electricity loads at peak statewide times. Last fiscal year in Ukiah (1999-2000), the residential sector consumed 31% of the energy used and 12% of capacity. The commercial sector consumed 24% of the energy used and 53% of capacity and the industrial sector consumed 37% of the energy used and 31% of capacity. Statewide in the residential sector, 77% of the summer peak demand is from air conditioning (41%), miscellaneous (which includes lighting) (18%), refrigerators (11%), and cooking (7%). In the commercial/governmental sector, 60% of summer peak demand is from air conditioning (34%) and lighting (26%). Rebate programs, which target air conditioning, lighting and refrigerators, should be the most effective at reducing peak demand and consequently purchased power costs. In addition, rebates on photovoltaic systems should not only reduce peak demand, but also have the added benefit of increasing generation. Based on information from NCPA members with rebate programs, at least one full time person and part-time clerical and finance assistance would be needed to develop, market, implement and maintain a rebate program. Staffing requirements could be met through hiring additional people or by contracting with a consulting company that would develop and administer the program. m o o0~ 'E ~ .gz:: E c ~.~oo _.m o 0 8 8 ~. 8 § 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 (D Eo o ~.g ! ,~o'- o o o cD .... o q o ~ X ~ XX X X XXXXXXXXXX X (D XXXXXX MX X MX MX 0 -0 X MX ._~ ~> X ~ X XXXX X XXXXXX o E o o XXXX X E X X XXX ~ ~c c ~._~o ~ ,888 . .-_ ~ g ~ - 0 < I n Z I i n Z I i AGENDA SUMMARY ITEM NO. 9h DATE: July 18, 2001 REPORT SUBJECT: DISCUSSION OF THE ENVIRONMENTAL IMPACT REPORT MITIGATION MEASURE PROGRAM FOR THE ORCHARD AVENUE EXTENSION AND ORRS CREEK BRIDGE PROJECT SUMMARY: Ever since the Kmart store was approved and constructed on Orchard Avenue, the City has been contemplating a number of roadway improvements in that area. These improvements were identified as "project enhancements" rather than formal mitigation measures in the Kmart environmental document that would help to alleviate the increase in traffic resulting from the new store. The improvements include constructing a single span bridge over Orrs Creek and connecting Orchard Avenue with Brush Street (attachment No. 1). The City had an Environmental Impact Report (EIR) prepared in 1999, and circulated it for public review and comment. The EIR identified a number of potentially significant adverse impacts resulting from the construction of the bridge and the growth that it would induce to the north (attachment No. 2). The EIR included a mitigation measure program to off set those impacts to levels of insignificance (attachment No. 3). The purpose of bringing this matter forward at this time is to introduce the project to the current City Council, generally discuss impacts and suggested mitigation measures, and receive any feedback or direction. ADDITIONAL BACKGROUND: A Final EIR responding to the public comments was prepared and the document was tentatively scheduled for City Council consideration in late 1999. However, discussions with Mendocino County staff revealed that the zoning on the property to the north ("Brush Street Triangle") would (Continued on page 2) RECOMMENDED ACTION: Review and discuss the mitigation program contained in the Orrs Creek Bridge and Orchard Avenue Extension project EIR, and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTION: Do not review and discuss the mitigation program, and provide alternative direction to staff. Requested by: Planning and Public Works Departments Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Project Description and Map 2. EIR Summary Section (text) 3., Impact and~igation Summary Table Candace Horsley, City ~anager permit industrial and commercial development without discretionary review. This means that development could occur without environmental review (CEQA compliance), and therefore, the City would not be assured that mitigation measures would be imposed to off set significant impacts, such as increased traffic congestion on City streets. In response, staff has been working with Mendocino County staff and the affected property owners to develop appropriate mechanisms for assuring that discretionary permits and environmental review would be required, and that the mitigation program contained in the EIR would be honored. The Council's preliminary review, understanding, and tentative acceptance of the mitigation program will assist staff with our discussions with Mendocino County regarding the assurance of appropriate review of future development in the unincorporated area north of the bridge. SUMMARY OF ENVIRONMENTAL IMPACTS: The primary environmental issues identified in the EIR resulting from the construction of the bridge, roadway improvements, and future buildout of the "Brush Street Triangle" include potential impacts to Orrs Creek; traffic and circulation impacts; potential aesthetic impacts resulting from the conversion of vacant land to buildings, roads, etc.; possible noise impacts to nearby residential areas; and potential impacts to public services. The EIR describes these impacts as both "Project Specific" and "Cumulative & Growth Inducing." The "Project Specific" impacts are those resulting directly from the project, such as potential soil erosion from the construction of the bridge. The "Cumulative & Growth Inducing" impacts are those that would result from the future development of the Brush Street Triangle enabled by the construction of the bridge. For example, buildout of the Brush Street Triangle would generate a substantial amount of new traffic that would erode the level of service of nearby intersections and Highway 101 ramps to unacceptable levels. Traffic is the most significant issue associated with the construction of the bridge and the future buildout of the Brush Street Triangle. The second page of attachment No. 2 provides a brief summary of the traffic and circulation impacts, as well as recommended mitigation measures. RESPONSIBILITY FOR MITIGATION MEASURES: The majority of the recommended mitigation measures will be the responsibility of future developers. However, the City will be responsible for the mitigation measures associated with the actual construction of the bridge and the extension of Orchard Avenue. Additionally, the City and/or County may be responsible for "fair share" contributions to certain improvements required as mitigation. For example, if the East Perkins Street/Highway 101 ramp intersections are signalized, the City may be obligated to contribute a share of the cost because not all the traffic using these intersections would be generated by the future development of the Brush Street Triangle. RECOMMENDATION: Review and discuss the mitigation measure program contained in the Orrs Creek Bridge and Orchard Avenue Extension project EIR, and provide direction to staff. 1.5 PROJECT DESCRIPTION The City of Ukiah is proposing to make a series of roadway improvements. These improvements were proposed as "project enhancements" when the City approved the KMART project on Orchard Avenue to the south of the Study Area. The KMART project resulted in traffic traveling through residential areas north and west of the KMART Store. The City agreed to investigate the possibility of constructing the currently proposed project as a means of alleviating those traffic effects. This EIR is the fulfillment of the City's intention regarding that past project. The proposed project improvements (as shown on Figures 3 to 9) include the following: le e e Extend Orchard Avenue from its current northern terminus to Brush Street. Improve Orchard Avenue from Ford Street to the bridge to provide two travel lanes and dirt shoulders plus adequate taper to the bridge. Construct a concrete single span bridge across Orr Creek. The bridge will be approximately 40 feet long. It will have a total width of 62 feet to allow four travel lanes plus 4-foot wide bike lanes, and 5-foot wide sidewalks on both sides. Initially, only two lanes will be constructed on the bridge. : North of the bridge, Orchard Avenue will be extended to Brash Street. The extension will include two 12-foot wide travel lanes with 6-foot wide dirt shoulders. e Brush Street will be widened at various locations between Orchard Avenue and the Northwestern Pacific Railroad right-of-way. In various locations it will be reconstructed or overlain to provide adequate pavement width, structural section, shoulders and drainage for two 12 to 12.5-foot wide travel lanes. ~.'"~-T_.O.[I_~,I I ~,-:,t ~. ~ I PROJECT ,~, .,,,. ~ i ' .::..'.'.::::~.:~!= - . ~ , .................. :~ ~ ~ ~.~,;- ~.,% i ~ ,~5:'~' ~t I --~ . I . .. -~'.~ .~' / ~ ] · ~- '! ~ , CITY Of UKIAH ORCHARD AVENUE/BRUSH STREET IMPROVEMENTS ORR CREEK BRIDGE CONSTRUCTION FIGURE 4 ~' LOCATION OF PROPOSED IMPROVEMENTS 2.0 SUMMARY SECTION This EIR identifies a number of impacts that would result from construction of the proposed improvements to Orchard Avenue and Brush Street (including a new bridge across Orr Creek) as well as future impacts that could result from development of approximately 95 acres known as the Brush Street Triangle (the Study Area). Many of the impacts are minor or typical of any new development, and there are standard mitigation measures available to address such impacts. Other impacts are more substantial. For these impacts, feasible mitigations may or may not decrease the magnitude of the impact to a level below ~significance.' This section begins with brief narrative discussions of the more substantial impacts. It is followed by a series of tables that catalogue the impacts and the mitigations for these impacts. This section also contains a summary of the alternatives to the project as proposed. The reader should note that this section is a summary. The full description of impacts, mitigations, and alternatives is presented in the third and fourth sections of the EIR. Geology and Soils Construction of the project will require additional geotechnical studies to ensure that improvements are properly constructed given soil constraints and seismic hazards. Erosion control mitigations are required to avoid adverse impacts to Orr Creel All impacts can be reduced to a level that is less than significant. Future development in the Study Area must also be done per the recommendations established by future geotechnical studies to address soil limitations and seismic hazard. Erosion control plans will be required for all new development to minimize sedimentation of Orr Creek. All geologic impacts can be reduced to a level that is less than significant if future development follows the mitigations recommended in this F_XR. Hydrology A slight mount of fill (1-2 feet) will be required at the bridge abutments to ensure the bridge is elevated above the 100-year flood elevation. This will not significantly affect the floodplain in the area. Rainfall washing off new streets will transtx~ pollutants to Orr Creek. This impact can be mitigated by installing storm drain interceptors. All hydrologic impacts can be reduced to a level that is less than significant. The potential auto dealerships are within the 100-year floodplain, and buildings must be elevated above the floodplain. The projects will increase runoff. A storm drain plan must be developed to adequately transport this runoff to receiving waterways without causing downstream flooding. Runoff from parking lots and buildings will transport pollutants to Orr Creek; this EIR contains mitigations, including erosion control plans and the use of stormwater interceptors, to minimize those effects. The efficacy of the mitigations for drainage and pollution control will need to be corroborated in future environmental review of these projects. Orr Creek Bridge, Orchard Avenue Extension, and Brush Street Improvements Draft EIR Page 9 City of Ukiah Leonard Charles and Associates Future development of the remainder of the Study Area will have impacts similar o those described for the possible auto dealerships. Again this EIR recommends mitigations for these impacts, and the efficacy of these mitigations will need to be corroborated during the future environmental review for those projects. Wildlife and Vegetation Construction of the bridge will require the removal of a few trees and shrubs along the bank edges of Orr Creek. No sensitive plant species will be affected, and the impact is considered less than significant Similarly, the loss of a small amount of wildlife habitat resulting from the project is considered less than significant. Future auto dealership development could result in loss of riparian habitat and adverse impacts to wildlife using that habitat, The EIR recommends buffers along Orr Creek and other mitigations that will reduce this cumulative impact to a less than significant level, but this conclusion must be confn'med during subsequent environmental review. Future development of the remainder of the Study Area will result in the potential loss of valley oak trees, wetlands, and wildlife habitat This EIR recommends an integrated OlXm space plan which will provide tree preservation, wetland preservation/creation, wildlife habitat, and storm drainage improvements which would mitigate these future impact~ The design of this plan and i.ts actual efficacy for reducing these impacts to a level that is less than significant will be determined during the futtme environmental review for projects in this area. Traffic and Circulation A detailed traffic analysis was prepared to assess the impacts of buildout of the Study Area on roadways and intersections on and near the Study Area. The analysis discovered that several intersections currently (or in the near future with full occupancy of the Pear Tree Shopping Center) operate at Levels of Service (LOS) during the afternoon peak hour period that are deemed unacceptable by the City. Left turns from the Highway 101 ramps onto N. State Street currently operate at LOS F. The northbound off-ramp and the Pomeroy Avenue approaches to East Perkins Street will also otz~te at LOS F. Mitigations are available for all these existing conditions to allow the street and intersections to operate at an acceptable level (LOS D). Buildout of the Study Area will increase congestion at all these intersections and on Orchard Avenue. It will also result in the intersection of East Perkins Street and Orchard Avenue deteriorating to LOS F. The new traffic will result in insufficient storage capacity on East Perkins Street between Orchard Avenue and the southbound ramps to accommodate eastbound through traffic. Again mitigations are available for the intersections (signalization and lane additions), but the only means of adequately mitigating the impact of the insufficient storage capacity on Faa Perkins Street would be to construct new freeway interchange on the Study Area. The EIR traffic engineers examined the alternative mitigation of conslru~g new button hook on- and off-ramps connecting Highway 101 with the new Brush Street/Orchard Avenue intersection. Other than relieving the impact of insufficient storage capacity on l~ast Perkins Street, these highway connections provide little relief for the more substantial traffic congestion problem on Orchard Avenue unless additional changes in the ramps at the East Perkins Street interchange are included (for example, eliminating the southbound off-ramps at that interchange). Orr Creek Bridge, Orchard Avenue Extension, and Brush Street lmprovemems Draft EIR Page 10 City of Ukiah Leonard Charles and Associates One of the principal objectives of the proposed project is to relieve traffic on residential streets between Orchard Avenue and N. State Street. For most times of the day, this new connection would provide drivers with a more direct route for reaching N. State Street. However, during the peak afternoon congestion period, once the Study Area is built out and Orchard Avenue between East Perkins Street and the Study Area reaches LOS F conditions, some drivers will continue to use alternative east-west routes to access N. State Street so as to avoid severe congestion on Orchard Avenue. While it is not possible to quantify how many drivers would use these residential streets, it is known that drivers will use the entire street system to avoid bottlenecks and severe congestion. Thus, the project will provide relief for much of the day to residential neighborhoods currently experiencing traffic using their streets to access N. State Street from Orchard Avenue and vice versa, it will not eliminate this cut-through traffic given future buildout conditions. Air Quality Project construction will generate dust, and the EIR contains dust control mitigations to reduce this impact. Use of the roadway improvements will generate additional pollutants into the air. However, these pollutants will not significantly affect area air quality, and the impact is less than significant. Future development will generate significant amounts of small particulates (PM-10) and nitrogen oxides. There is no evidence that buildout will cause local air quality to exceed ozone or other standards. Buildout will generate additional small particulates that will aggravate the existing situation where the air basin is out of compliance with the standard for this pollutant. Ail feasible mitigations are recommended to reduce particulate emissions, and the impact is deemed less than significant. Aesthetics The bridge and roadway improvements will change views along Highway 101 and from residences located immediately south of Orr Creek near Orchard Avenue. These visual changes will be minor and are not considered a significant impact. Future auto dealership development will substantially alter views along Highway 101. The EIR requires design review for these projects and includes recommendations for reducing the visual impacts. Future environmental review will determine whether these mitigations, plus possible additional mitigations, can reduce the visual effect to a less than significant level. At this stage, it is concluded that these projects could have potentially significant cumulative aesthetic impacts. S.imilarJy, future development of the remainder of the Study Area will drastically alter wews xn the area. Again, the EIR requires future design review and recommends design and landscaping mitigations to reduce this impact. However, the change in views may be a potentially significant impact even if all feasible mitigations are required. Noise Construction of the bridge and roadway improvements will create noise that could affect nearby residents. Additional traffic on the new road will potentially adversely affect several residents living near the new or improved roads. These impacts can be reduced to a less than significant level by requiring acoustic mitigations such as berms, sound walls, retrofitting, or other improvements. The City will measure future noise levels at these Orr Creek Bridge, Orchard Avenue Extension, and Brush Street Improvements Draft EIR Page 11 City of Ukiah Leonard Charles ~nd Associates residences and construct the required improvements needed to reduce noise to the levels considered acceptable by the City's General Plan. Construction of the auto dealerships will likewise create noise that could affect nearby residents. The same mitigations required for the roadway project are required for these future projects. Traffic generated by these projects will increase noise at residences along Orchard Avenue and Bush SWeet. The project applicants will pay their fair share of required noise reduction improvements at those residences. Similarly, furore development of the remainder of the Study Area will create construction and traffic noise. The same mitigations apply to this future development. Future development may also include noise-producing industrial facilities. These facilities will be required to reduce noise to the level at the property line which is required by the City's General Plan. Fire Protection The project will have minimal effects on fire protection and emergency response. The auto dealerships will increase calls for service. The EIR requires adequate fueflows, sprinklers, and proper hazardous material storage and handling. The EIR also recommends that new development pay its fair share for nece~ new equipment and personnel if the area continues to be served by the Uldah Valley Fire District. These mitigations will reduce the impacts to a level that is less than significant. Future development of the remainder of the Study Area will likewise increase calls for service. The same mitigations as outlined above apply to this future development. These mitigations will reduce the impacts to a level that is less than significant. Police Protection The project will have minimal effects on the City Police ~ent and the County Sheriff's Department. Construction of the auto dealerships will increase the calls for police service. Site plans a.!l be re. vie~wed.,b, y, the .apprt~ia. ' .m police agency to determine required security measures. m.e projects wm oe servea uy the Sheriffs Department, the EIR recommends that the projects be approved only if the Sheriffs Department slates that it can provide adequate service. These mitigations will reduce the impact to a level that is less than significant. Similar impacts and mitigations are recommended for furore development of the remainder of the Study Area. Sewage Treatment and Disposal The project will have no effect on sewage facilities. There is adequate treatment and disposal capacity to serve cumulative development of the auto dealerships, the remainder of the Study Area, and other planned development in Ukiah. New wastewater collectors will be needed to serve the Study Area. They will be sized and constructed per the Ukiah Valley Sanitation District requirements, and paid for by new development in the area. All impacts can be reduced to a level that is less than significant. Orr Creek Bridge, Orchard Avenue Extension, and Brush Street Improvemems Draft EIR Page 12 City of Ukiah Leomud Charles and Associate. Public_ Water The proposed project will have no impact on public water supplies. The auto dealerships plus future development in the Study Area will increase the demand for public water by approximately 170,000 gallons per day. The City has adequate water to supply this demand. However, the City must approve connections to its water system for properties outside the City Limits. New water mains will be required to serve the Study Ama; these mains will be constructed per the requirements established by the City. All water-related impacts can be reduced to a level that is less than significant. Schools The project will not affect public schools. Construction of auto dealerships plus other development in the Study Area may generate as many as 149-189 new students. Ukiah Unified School District schools are already at capacity. Once the new elementary school is completed, the District will have some additional unused capacity. Student enrollment projections indicate that student enrollments will decline after 2001. Thus, once the new school is completed, there will be adequate capacity to serve projected enrollments for at least the next ten years. The developer mitigation fees of $0.32 per square foot will generate $310,498-330,640 at Study Area buildout. It appears that new development will not significantly affect schools. However, this EIR recommends that the school situation be monitored and that additional developer mitigation fees be required if schools again become overcrowded. Solid Waste The project will generate small amounts of solid waste; the impact is considered less than significant. Future construction on the Study Area will generate substantial amounts of solid waste. Future operation of businesses on the Study Area will also generate substantial amounts of solid waste. There are plans for constructing a new solid waste transfer station. Assuming the transfer station is approved, there will be capacity to handle Study Area-generated solid waste. If the project is not approved, then new development will not be approved until a new transfer station is in operation. This EIR also recommends a list of measures to reduce the generation of solid waste on the Study Area. Land Use The project is consistent with the City's General Plan and will not cause any significant changes in land use. Construction of the auto dealerships as well as future development of the remainder of the Study Area will cause substantial changes in land use and the character of the area. This EIR recommends that this change in the character of the area could be substantially reduced by requiring the development of a specific plan for the entire area prior to approving new development. Such a plan would coordinate circulation, drainage, open space, deign motifs, and landscaping to minimize visual effects and effects on the character of the area. At this time, the change in area character is considered a potentially significant impact. Furore development of a specific plan and/or future environmental review must determine whether the projects will have a significant land use impact. Significant Adverse Impacts That Cannot Be Avoided This EIR identifies a number of potentially significant adverse impacts that would result from project construction. The EIR presents mitigation measures that would eliminate Orr Creek Bridge, Orchard Avenue Extension, and Brush Street lmprovo~nems Draft EIR Page 13 City of Ukiah Leonard Charles ax~Assodats:,~.~.~ those impacts or decrease all project-specific impacts to a level that is typically considered less than significant. Cumulative Impacts The EIR also identifies the potential impacts resulting from furore development of auto dealerships on the southeastern portion of the Study Area. While mitigations are recommended for these impacts, in some cases it cannot be determined whether the impacts will be reduced to a level that is less than significant since sIx~fic development plans have not been submitted and site-stx~fic field surveys have not been conducted for some areas of impact. The specific impacts of these future auto dealerships will need to be assessed in a furore environmental review document. The potentially significant impacts identified for the auto dealerships in this EIR include the following: 1. The change in views along Highway 101. 2. The change in the character of the area. In addition, mitigations recommended for the following impacts must be checked to ensure that site-specific impacts are reduced to a level that is less than significant: 1. Adequate drainage to avoid flooding. e Adequate erosion control and pollution control measures to eliminate or minimize pollution of Orr Creek and the Russian River. 3. Adequate groundwater recharge if the area is a significant groundwater aquifer. 4. Adequate protection of the Orr Creek riparian habitat. Growth-Inducing Impacts The EIR also assesses furore impacts that could arise from development of the remainder of the Study Area. The same list of potentially significant impacts and impacts that must be checked to corroborate mitigation measure adequacy as described above applies to growth- inducing impacts. In addition, this EIR identifies two significant cumulative traffic impacts that may not be mitigated to an acceptable level; these include: Buildout traffic will result in Orchard Avenue between East Perkins Street and the southern edge of the Study Area operating at Level of Service F. This impact can be mitigated by widening Orchard Avenue to four lanes with a continuous left-turn lane. This widening may not be a feasible mitigation. If it is not required, then the impact to this section of Orchard Avenue would be considered a significant cumulative adverse impact. e Buildout traffic will result in insufficient vehicular storage capacity on East Perkins Street between Orchard Avenue and the southbound ramps to accommodate eastbound through traffic. The only mitigation available for this impact would be to construct new freeway ramps in the Study Area. This is an expensive mitigation and one that Caltrans is opposed to, and the new ramps likely will not be constructed. Consequently, this impact would remain as a significant cumulative adverse impact. Orr Creek Bridge, Orchard Avenue Extension, and Brush Street Improvements Draft EIR Page 14 City of Ukiah Leonard Charles and ~ This determination of impact significance is the conclusion of the EIR preparers and City of IJkiah staff. In addition, if the Ukiah City Council does not require mitigations recommended in this EIR, then the potentially significant impacts those measures are intended to mitigate would be judged as remaining significant adverse impacts. It is noted that during the public review process, the Ukiah City Council has the authority to determine that any of these impacts are, in fact, significant despite recommended mitigations. Ultimately, this ErR is the Ukiah City Council's EIR, and the Uldah City Council is responsible for its conclusions. If the Ukiah City Council believes, on the basis of data presented in this report, additional data provided during the public review process, or other public data available to the Ukiah City Council, that impacts should be identified as ~significant," then the Ukiah City Council has the authority to determine such impacts are significant. In doing so, the Uldah City Council must provide written support to justify its action(s). Project Alternatives CEQA requires an evaluation of the comparative effects of a range of reasonable alternatives to the project which could feasibly attain the basic objectives of the project (CEQA Guidelines Section 151201). The range of alternatives is governed by the ~mle of reason~ that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and/or speculative. The discussion of alternatives should focus on alternatives to the project capable of eliminating any remaining significant adverse impacts or reducing them to an insignificant level, even if those alternatives would impede to some degree the attainment of the project objectives or would be more costly. At least one environmentally superior alternative must be designated. If the alternative with the least environmental impact is the Uno projectM alternative, then at least one of the other alternatives must be designated as the environmentally superior alternative. For this EIR, the project is to extend Orchard Avenue, including construction of a bridge across Orr Creek, and make improvements to Brush Street between the Orchard Avenue extension and the railroad tracks. The analysis of alternatives focuses on alternatives to this proposed project. It is noted that all project-SlX~fic impacts can be mitigated to a level that is less than significant; thus, this discussion of alternatives describes the general level of impact that would occur from project alternatives. This EIR also assesses cumulative and growth-inducing impacts regarding furore development of the Study Area to the north of Orr Creek. However, this future development is not the proposed project. No formal applications for development have been submitted. In addition, development of the Study Area can occur even if this project is not approved and constructed. As such, the EIR does not address possible future alternative uses of land in this area. Analysis of alternative uses of land in the Study Area will need to be addressed during the future environmental review required for development in the Study Area. Given these mandates, tiffs ErR identifies the following alternatives: 1. No project Orr Creek Bridge, Orchard Avenue Extension, and Brush Street Improvements Draft EIR Page 15 City of Ukiah Leonant Charles and Associates 2. Alternative location Comparison of Alternatives Given the City's objectives of relieving traffic on residential streets between the KMART Store and the Study Area, the alternative location is not a feasible alternative. In addition, this alternative would have potentially significant traffic safety and noise impacts. The no project alternative would eliminate all project-specific impacts. However, none of these impacts are significant. In addition, this alternative would not relieve the existing traffic congestion problems. The project as proposed is deemed the environmentally superior alternative. In making this conclusion, the EIR preInuers are assuming that all mitigations recommended in this will apply to future development of the Study Arm. If this were not the case, then the no project alternative might be considered the environmentally superior alternative. Summary Impact and Mitigation Table The tables on the following pages provide a summary of the impacts identified in this Draft EIR. The table summarizes impacts and mitigations specific to the proposed project. The second table summarize cumulative impacts and growth-inducing impacts resulting from the construction of possible auto dealerships and possible future growth in the Study Area that might be induced by the project. The first column of the table describes the impact. Following that impact is a description of the level of significance that impact has. Levels of significance include "less than significant," (that is, less than significant as measured against significance criteria' established for each area of impact in Section 3 of this EIR), "potentially significant," or "significant." The next column lists the recommended mitigation measures for the impact. Finally, there is a column that describes the significance of the impact after mitigation. Orr Creek Bridge, Orchard Avenue Extension, and Brush Street Improvements Draft EIR Page 16 City of Ukiah Leonard Charles and Assoclat~a., Z II II II II z II II Z ! II II II II Z II II Z Z II II II II Z II II II II Z Z II II II II II II . II II Z II II II II z 0 II II Z Z II II II II ~8 Z ! II II Z ,15 II II Z II II II II Z Z II II C II II z II II II II z 0 Z Z II II O~ Z II II Il II ITEM NO. 9. DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: PRELIMINARY DISCUSSION OF NUISANCE ORDINANCE SUMMARY: There has been an increase in complaints and concerns relating to nuisance type situations within the City over the past year. In addition, the Ukiah Main Street Program recently approached the City staff to discuss visual blight and other impacts that are hampering its efforts to beautify the downtown area and support the business community. In response, staff has prepared a Preliminary Draft Nuisance Ordinance that combines existing Municipal Code provisions with suggested new regulations addressing community nuisance issues. Before proceeding any further, staff is seeking direction from the City Council regarding the scope and approach of this Preliminary Draft. Specifically, we need to determine if we want to move forward with this project, and if so, we need to carefully define what constitutes a nuisance in our community. BACKGROUND: The Ukiah Municipal Code (UMC) currently contains a number of provisions related to public nuisances. These provisions are located in Division 3 (Building), Division 5 (Health), Division 6 (Safety), and Division 8 (Traffic). The proposed Preliminary Draft Ordinance combines the nuisance provisions contained in the UMC into one comprehensive set of regulations, and adds new nuisance regulations addressing such topics as visual blight and graffiti. There are 37 defined nuisances in the Preliminary Draft Ordinance. 14 (38%) currently exist in the Ukiah Municipal Code (UMC); 17 (46%) are new; and 6 (16%) are partially addressed in the UMC. Staff has marked-up pages 3-7 of the Preliminary Draft Ordinance to illustrate which nuisances are currently covered in the UMC and which are not. (continued on page 2) RECOMMENDED ACTION: Discuss the Preliminary Draft Nuisance Ordinance, and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTION: Do not discuss the Preliminary Draft Ordinance Citizen Advised: N/A 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. Preliminary Draft Nuisance Ordinance 2. Planning Commission Workshop Staff Report and Minutes, dated June 13, 2001 3. Comment letters received at the Planning Commission Workshop APPROVED: ' Candace Ho;~ley, ~~anager PLANNING COMMISSION WORKSHOP: On June 13, 2001, the Planning Commission conducted a public workshop and discussed the Preliminary Draft Ordinance. Several people spoke in favor of the concept of a Nuisance Ordinance, but cautioned that going too far with what constituted a nuisance could jeopardize the effort. Representatives from the Ukiah Main Street Program spoke in favor of having a Nuisance Ordinance that would benefit the business community, and recommended that staff and the Planning Commission "fine-tune" the Preliminary Draft. Other workshop participants suggested that the City provide an incentive program to assist property owners who have nuisances on their property, but few resources exist to correct the problems. Others questioned whether the City had the resources to enforce such an Ordinance. The Planning Commission discussed whether or not the Ordinance should apply to residential properties and/or whether or not it should be limited to specific areas in the community. They suggested that perhaps the current provisions of the UMC that apply to residential areas are adequate and that the new regulations addressing visual blight, graffiti, etc. target other areas of the community. At the conclusion of the workshop, the Commission directed staff to bring back options regarding how the Ordinance could distinguish between residential, commercial, and other properties. The Commission also suggested that all the public comments be reviewed, and alternative language be developed to address concerns. Finally, the Commission felt that it was necessary for the community to clearly identify what constitutes a legitimate nuisance, and that the list of nuisances in the Preliminary Draft needed to be carefully examined. CITY ATTORNEY REVIEW: The City Attorney reviewed the Preliminary Draft Ordinance, and made a number of suggested modifications. These changes will be incorporated into a revised Preliminary Draft document if the City Council directs staff to proceed with the project. CONCLUSION: Staff has embarked on a project to combine many of the nuisance related provisions of the Ukiah Municipal Code into one Nuisance Ordinance, and to broaden the definition of what constitutes a community nuisance to include such things as visual blight and graffiti. Before proceeding too far with the project, staff believes that it is crucial to receive direction from the City Council concerning whether or not we should move forward, and if so, how far we should go with what constitutes a public nuisance. RECOMMENDATION: Discuss the Preliminary Draft Nuisance Ordinance, and provide direction to staff. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF UKIAH, CALIFORNIA AMENDING TITLE AND SECTION AND CHAPTER OF THE UKIAH MUNICIPAL CODE ESTABLISHING A COMPREHENSIVE NUISANCE CODE Now, therefore, the City Council of the City of Ukiah does ordain as follows: SECTION 1: Title , Chapters and Chapter , and Section __ are deleted and there is hereby substituted an amended section __and Chapter__ to the Ukiah Municipal Code providing as follows: Powers and Duties. The City Council shall perform the duties and shall have all the rights, powers and privileges specified and provided for by state law and by the City Council acting through its resolution or ordinance. Staff to the City Council may, with the consent of the property owner or with proper legal authorization, enter upon any land to make examinations and surveys. Purpose and Scope. Ao This title shall be known as the "nuisance code," may be cited as such, and will be referred to herein as "this code." B. 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 property which will protect the livability, appearance and social and economic stability of the City and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that a Code is necessary to effectively abate or prevent the development of such conditions in the City of Ukiah. C. It is the intention of the City Council, in adopting the Code Codified herein, to set forth guidelines for determining what conditions 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. D, E, F, G, Ho Jo K. It is the purpose of this Code to provide a just, equitable and practical method, in addition to any other remedy available at law, whereby lands or 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, morals, 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. Another purpose of this Code is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City. Another purpose of this Code is to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. In addition to the abatement procedures provided herein, this Code declares certain conditions to be public nuisances and that continuance of such conditions shall be a misdemeanor. This Code is not intended to enforce Conditions, Covenants, and Restrictions (CC& Rs) on property, nor to supersede them. This Code will be enforced uniformly within the City regardless of CC& Rs. Therefore, this Code does not abrogate the right of any homeowners' association or private citizen to take action, legal or as otherwise provided in the CC& Rs, to force compliance with the CC& Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this Code. Provisions of this code are to be supplementary and complementary to all of the provisions of the City of Ukiah Municipal 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. Notwithstanding the provisions of this code, any condition which would constitute a violation of this code, but which is expressly authorized under any city, state or federal law, shall not be deemed to violate this code. Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this code 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 property, other than as owner thereof, is /-2. 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. 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 residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant, or other 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 Code. of the City of Ukiah Municipal B, 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; D. The failure to keep secure from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures; E. Painted buildings that require repainting, and 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; F. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti is allowed to remain for more than forty-eight (48) hours; Cracked, broken or boarded-up/obscured windows; H. Overgrown, dead, decayed or hazardous vegetation which: , . 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; Constitutes an attractive nuisance; Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, or driveways which are defective, unsightly or no longer viable which is readily visible from any public street or adjacent parcel of property in a state of unsightliness so as to constitute a blighted condition detrimental to the property values in the neighborhood or otherwise detrimental to the public welfare; J, 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, of any rocks, 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 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; provided however, that nothing herein contained shall be construed to require the removal from the lot or the borders of any sidewalk of any ornamental plant, lawn, shrub or trees of reasonable growth, that are not, in the opinion of the City Manager/designee, obstructions to the free use of such sidewalk. Ko Except where construction is occurring under a valid permit, 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 neighborhood, 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 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 or vegetation which may reasonably attract children to such abandoned or neglected conditions. Wood and building materials being L, M, No Oo Po Q, Ro S, used, or to be used, for a project of repair or renovation and for which an active building permit is in existence may be stored for as long as is necessary to complete the project expeditiously. Upon expiration or cancellation of the permit, wood and building materials for the project must be immediately removed; Deteriorated parking lots; Sweeping into, deposit or the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway in any gutter, street, or other public place. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter, weeds and graffiti; Keeping construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or ninety (90) inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. Keeping construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or sideyard setback area without the express approval of the City manager or his designee; Refuse or trash 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, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering; Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering; 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; Animals, livestock, poultry or bees kept, bred or maintained for any purpose and in violation of any provision of the City Municipal Code; V. W. Z. BB. CC. DD. EE. 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 use that constitutes a hazard to safety or 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 vacant property or in front yards of developed lots, viewable from the public right-of way, other than driveways. Laundry, clothes or household linens viewable from the public right-of-way, unless such laundry, clothes or household linens are on a clothes line in the rear yard or side yard of a property of unless such clothes or household lines are being sold at a legally permitted garage or yard sale. 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. 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 occurring on the property. For purposes of this code, illegal activity is defined as any violation of state or federal law, rules or regulations, or local ordinance. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause the substantial diminution of the enjoyment, use or property values of such adjacent properties; FF. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein; GG. 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; HH. Signs, both on-site and off-site (billboards), which are otherwise lawful but maintained in a deteriorated condition; II. Temporary signs that advertise or are related to events which have already taken place; JJ. Allowing any unlawful condition or activity to exist in a structure; KK. 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; LL. Continuous Yard Sales. Nuisance terms defined. "Commercial vehicle" is 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; "Continuous Yard Sales" means sales of personal property occurring more than three times in any calendar year on the same residential parcel by persons not possessing a valid business license therefore when any portion of the items for sale are displayed out of doors; "Cost of Abatement: means the total cost incurred by the City in connection with a public nuisance including, but not limited to: 1. Any cost incurred in removing or remedying a public nuisance; 2, The actual expenses and costs of the City in preparation of notice and order, appeal and termination fees for administrative services rendered by the City in connection with the inspection, notification, prosecution, and abatement procedures authorized by this code; a, notice and order, appeal and termination fees in such amounts as are determined from time to time by resolution of the City Council; b, Notice and order, appeal and termination fees based on services rendered by the department from the time of the initial complaint intake for the purpose of documenting a violation of this code until the violation is corrected; C, The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this code or other laws; d. Specifications and contracts; eo Any attorney's fees expended in the abatement of the nuisance, through civil action or other wise; f. The cost of printings and mailings required under this code; go All costs or expenses to which the City may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitlement; h, All costs and expenses for which the City may be liable under state law arising from or related to the nuisance; , Any cost incurred by the City in collecting the costs enumerated in subsections I and 2 of this definition. "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. "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material or substance, having no substantial market value. "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. "Property" means premises. "Vehicle" as used in this code shall be defined as set forth in Section 670 of the Vehicle Code of the State of California. Any vehicle that is abandoned, wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the city is declared to be a public nuisance. The term "vehicle" shall not include: ao A vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property, and/or b, A vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the lawful business of a licensed dismantler, licensed vehicle dealer or a junkyard. Right of Entry. To the extent authorized by law, the City Manager or his designee may enter on such premises at reasonable times to make inspections. Notification of property owner that a declared nuisance exists on property. Whenever the City Manager or his designee finds, that a nuisance, as defined by Section , 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. A similar notice shall be sent to the owner(s) of any vehicle described in Section and as shown on the last registration of the vehicle, if identification numbers are not available to determine ownership. The notice shall reasonably describe the vehicle involved and the property wherein the same is located. 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 code 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. Failure of property owner to voluntarily abate a declared nuisance. If a nuisance is not property abated within the period established under the provisions of Section , the City Council shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the City. Notice of Public Hearing - Required A, A written notice of public hearing, substantially in the form contained in Section , shall be served at least ten days prior to the date set for the City Council public hearing. A similar notice shall be given to the vehicle owner if a nuisance exists pursuant to Section Bo 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: (i) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows: (1) by leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient where the copy was left; (2) by leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left. (ii) 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 A of this section upon the property manager or rental agency. 10 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. (iv) 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 and order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. Co 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 in the manner herein provided shall be effective on the date of mailing. 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 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 o 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 Sections and of the Municipal Code 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 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: 11 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 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 and of this code. Each written protest or objection must contain a description of the property and the grounds of the protest or objection. 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 owner of the land on which any vehicle described in Section is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with his reasons for such denial. If the City Council determines that the vehicle was placed upon the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof, shall not be levied against such property owner. The hearing may be continued form time to time. Hearing-Decision. A, Upon the evidence presented, determine whether the premises or any part thereof, as maintained, constitutes a nuisance within the meaning of Section if it 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. B, The City Council's decision shall be by written order, which shall contain the informal 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. 12 Time limitation for filing judicial action. Any aggrieved persons who have exhausted all administrative remedies shall bring any action to contest the City Council's decision within thirty days after the date of mailing such decision. Otherwise, all objections to such decision shall be deemed waived. 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 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. 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. 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. B. The authority of the City Manager/designee to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to appeal the order. Enforcement of abatement order. A. After any notice and order issued pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to 13 obey any such order. Any person who fails to comply with any such order or decision after notice thereof is guilty of a misdemeanor. B. If, after any notice and order has become final, the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order after notice thereof, the City Manager/designee may, without further notice; 1. Refer the person for criminal prosecution; , 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. Within five days after the date or removal or any motor vehicle or part thereof, notice shall be given to the Department of Motor Vehicles of the state, identifying the vehicle or part thereof, and evidence of registration available, including but not limited to, the registration card, certificates of ownership, or license plates. After a vehicle has been removed, it shall not be reconstructed or otherwise made operable, unless it is a vehicle which qualifies for either homeless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. , 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. (i) Notice. The City Manager or his 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 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. (ii) Abatement. If the City Manager or his designee is unable to make contact as hereinabove noted, or if the appropriate persons after notification by the City Manager or his designee do not take action within such time as may be specified by such official, then the City Manager/designee may take all actions deemed necessary in order to protect the public from 14 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 code. Record of costs of abatement-Duty to maintain-Service upon property owner. A. If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. Costs of expenses for which the City may be reimbursed shall begin to accrue at the time the City first receives a complaint regarding a problem on the property. The costs of abatement shall include the total City cost of inspections and enforcement 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 B. 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, 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. 15 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. 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. 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 recorded 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 16062 of the Government Code. The notice of lien shall be in substantially the form provided in Section 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, the related administrative costs together with interest thereon. 16 C. D, A. B. 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. 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 , 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 authority vested by the provisions of Chapter ~ of the City of Ukiah Municipal Code, the City Manager (or his 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 17 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 (ACKNOWLEDGEMENT) C, The City Council may order a refund of all or part of the assessment paid pursuant to this code 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. Owner's personal obligation. A, 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 of any court of competent jurisdiction to collect the cost of abatement from the property owner. B, 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 code, 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. 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 18 be free to use all methods simultaneously as long as the City does not receive multiple payment for the abatement costs. Alternative proceedings. A. 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 code; nor shall anything in this code be deemed to prevent the City from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this code, nor shall any provision herein be deemed to prevent or limit an action for private nuisance by any person. S. Pursuant to Section 38773.5 of the Government Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney'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 course 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 judgment does not preclude the City from assessing costs against the property pursuant to the procedures set forth in this section. Violation-Penalty. A. Criminal Violations; Civil Penalties. Any responsible party, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this code shall be guilty of a misdemeanor for each day such violation continues. Without limitation to any other statue, ordinance or regulation that may contain a different or greater penalty under those provisions, after notice thereof service pursuant to the code any person violating the provisions of this section 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 zoned for residential uses (as defined in Ukiah Municipal Code Sections , from time to time amended or supplanted,) shall be subject to a fine of not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250) for each day the violation continues. Any violation concerning property that is zoned for commercial use (as defined in Ukiah Municipal Code Sections of not less than one hundred fifty dollars ($150) or more than two thousand five 19 B. C. D. A. a. hundred dollars ($2500) for each day the violation continues. Any violation concerning property zoned residential-professional (as defined in Ukiah Municipal Code Section from time to time amended or supplanted) shall be subject to the residential fines if the property's use is residential and to the commercial fines if the use of the property is professional. The City Attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this title. Administrative penalties. In addition to criminal sanctions, civil penalties provided in this section, and other remedies set forth in this title, administrative penalties may be imposed pursuant to this code against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this title. 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 code unless the owner has been provided a reasonable period of time after notice thereof service pursuant to the code 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 title 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 code when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this code 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. 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 20 occupant, or other person having control of such house or place, in addition to the penalties provided by this code 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 31st day following its final passage and adoption. PASSED AND ADOPTED this day of ,2001. Philip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk APPROVED AS TO FORM: By: David Rapport, CITY A'I-I'ORNEY AYES: NOES: ABSENT: ABSTAIN: 21 City of Ukiah Staff Report to the Planning Commission PRELIMINARY DRAFT NUISANCE ORDINANCE Item No. 8d Meeting Date: June 13, 2001 PUBLIC WORKSHOP PROJECT DESCRIPTION: The project involves the preparation of a comprehensive Nuisance Ordinance to address various public nuisances in the community. It includes guidelines for determining what conditions constitute a public nuisance; establishes a method for giving notice of the nuisance conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, it provides a procedure for a public hearing and determination of the facts. The preliminary draft addresses nuisances such as dilapidated and unsafe buildings, weed covered properties, the outside storage of debris and abandoned or inoperable vehicles, and the existence of buildings or lands that are a menace or hazard to property values, aesthetic standards, or the general welfare of the City. The preliminary draft Ordinance also provides a program for removal of graffiti from walls and structures, and provides regulations designed to prevent and control the further spread of graffiti in the City. PURPOSE OF WORKSHOP: The purpose of the public workshop is to solicit Planning Commission and public comment on the Preliminary Draft Nuisance Ordinance, and to provide staff with direction for preparing a public hearing draft document. DEPARTMENT RECOMMENDATION: Staff recommends that the Planning Commission 1) conduct a public workshop and discuss the Preliminary Draft Nuisance Ordinance; 2) make any appropriate modifications; and 3) direct staff to prepare a formal draft document for the public hearing process. ENVIRONMENTAL (CEQA) DETERMINATION: Staff has determined that the proposed Ordinance is not subject to CEQA, pursuant to CEQA Guidelines Section 15061(b3), which states that a "project" is not subject to CEQA if it can be seen with certainty that there is no possibility that the activity would have a significant effect on the environment. In this case, staff has concluded that the adoption and implementation of the proposed Nuisance Ordinance would have a beneficial effect on the environment, rather than an adverse effect. BACKGROUND: There has been an increase in complaints and concerns relating to nuisance type situations within the City over the past year. The Ukiah Main Street Program has approached the City to discuss visual blight and other impacts that are hampering their efforts to beautify the downtown area and support the business community. In response, staff has researched how other communities have approached this problem, and have found a number of example Ordinances from communities such as Davis, Crescent City, and Ferndale. These Ordinances cover a broad spectrum of "nuisances" with the purpose of promoting the public health, safety, and welfare of the public, as well as protecting property values and the general appearance of the communities. The Ukiah Municipal Code (UMC) currently contains a number of provisions related to public nuisances. These provisions are located in Division 3 (Building), Division 5 (Health), Division 6 (Safety), and Division 8 (Traffic). The proposed Ordinance is an attempt to combine the nuisance provisions contained in the UMC into one comprehensive set of regulations, and to add new nuisance regulations. SUMMARY OF THE PROPOSED ORDINANCE: As indicated above, the proposed Ordinance combines the nuisance provisions contained in the UMC into one comprehensive set of regulations. It also expands the realm of nuisances to include additional problems such as graffiti and visual blight. The Preliminary draft includes the following topical headings: Powers and Duties, Purpose and Scope, Prohibited Nuisances, Nuisance Terms Defined, Right of Entry, Notification of Property Owner, Voluntary Abatement, Failure of Owner to Abate Nuisance, Notice of Public Hearing, Notice of Public Hearing Form, and a number of headings related to legal proceedings. Staff suggests that the Planning Commission focus on the Purpose and Scope, Prohibited Nuisances, and Nuisance Terms Defined. The City Attorney has reviewed the Preliminary Draft Ordinance and provided extensive comments and recommendations to staff. These comments focus on legal issues and the document will be revisod, along with Planning Commission comments for the public hearing process. · PUBLIC HEARING OPENED: 7:47 p.m. Don Bremseth would be amenable to implementing the aforementioned type of design, which would complement the building. The proposed awnings would match the color of the roof. PUBLIC HEARING CLOSED: 7:52 p.m. ON A MOTION by Commissioner Mulheren, seconded by Commissioner Chiles, it was carried by an all AYE voice vote of the Commissioners to approve Major Site Development Permit No. 01-19 with Findings Nos. 1-8 and Conditions of Approval Nos. 1-27 with deletion to Condition of Approval No. 19 and modification to Condition of Approval No. 21a allowing deletion of reference to street trees, as outlined in the staff report and as discussed above. ABSENT: Commissioner Puser 8B. Nuisance Ordinance Workshop: Discussion of a preliminary draft Ordinance which sets forth guidelines for determininq what conditions constitute a public ,n. uisance; establishes a method for giving notice of the nuisance conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, it provides a procedure for a public, hearinq and determination of the facts. The preliminary draft addresses nuisances such as dilapidated and unsafe buildinqs, weed covered properties, the outside storaqe of debris and abandoned or inoperable vehicles, and the existence of buildinqs or lands that are a menace or hazard to property values, aesthetic standards, or the general welfare of the City. The preliminary draft Ordinance also provides a pro.qram for removal of graffiti from walls and structures, and provides requlations designed to prevent and control the further spread of graffiti in the City. Planning Director Stump stated staff's objective relevant to the proposed nuisance ordinance was the opportunity to consolidate, update, and add new information for the establishment of a tool encompassing an easier format by incorporating the various information from other sources into one comprehensive document. This workshop and those following would allow the public to provide their ordinance interpretation and propose recommendations. PUBLIC HEARING OPENED: 8:11 p.m. Kathy Fowler, Ukiah Main Street Program, stated the proposed draft was comprehensive and somewhat onerous. She noted much of the Ukiah Main Street Program efforts were to maintain and provide a certain Downtown District viability and beautification as it relates to businesses. Donna Berry, Ukiah Main Street Program, reiterated the Main Street Board of Directors elected to send letters of recommendation to various business owners relative to conditions of their buildings. These letters essentially initiated no response. She favored revitalizing the ordinance draft so that it would be simplified and better received by the public. MINUTES OF THE PLANNING COMMISSION Page $ June 13, 2001 3- / Mr. Stump reported the document is under legal review by the City attorney whereby it contains a lot of legal language, which may be difficult for the public to comprehend. As a result, Staff intends to formulate brochures and other materials summarizing the ordinance. Assistant City Manager Fierro serves on the Main Street Board of Directors and noted the importance of implementing such an ordinance, which would assist in underscoring the City's beauty and maintenance thereof. There was a brief discussion relative to the potential interpretation of the document emphasizing the phrase, "what may be one person's trash may be another person's treasure." Staff noted the Ordinance's intent was not to particularly target residential neighborhoods, but to concentrate nuisance efforts to the Downtown area. There was a brief discussion relative to whether the document should be conducive Citywide. There was also a discussion relevant to nuisance problems in neighborhoods such as parking of commercial vehicles and other nuisances. Ms. B~rry reported it was imperative the business community be receptive to such a document without negative repercussions from the neighborhoods. She noted residential opposition must be avoided and recommended the business community first endorse the document. Mr. Stump drew attention to page 3 of the Ordinance and noted the document does not solely pertain to commercial and industrial nuisances, but is also directed to the community per se. There was discussion regarding the approach to simplify and specifically define the language. Joy Beeler, ExecutiVe Director Ukiah Main Street Program, stated her organization focuses mainly on economic development, beautification, events, historic preservation and retention of community character. She recommended the document expand on the sign nuisance concept as well as address the historic preservation issue relevant to necessary repairs and maintaining the originality of facades. Commissioner Pruden stated there are alternative review processes and special permits that trigger historical preservation assessment and a nuisance ordinance should not be utilized for this particular purpose. There was discussion relative to the problem of enforcing the document provisions and the current nuisance violations within the community. Ms. Berry inquired regarding page 5, Deteriorated Parking Lots and whether it is legal to enforce maintenance programs when the City owns the lots and/or sidewalks. She supported the concept of people occupying the property to keep the sidewalks clean. However, she expressed concern that many of these people may request the City maintain their sidewalks especially when they are located within the City's right-of-way. MINUTES OF THE PLANNING COMMISSION Page 6 Mr. Stump replied the City is subject to the same standards as the general public in this endeavor. He noted some sidewalks may not be completely located in the right-of-way. He stated some of the language contained within the document does require clarity in order to avoid public misunderstandings. Tim Walls, 406 West Henry Street, Ukiah, drew attention to pages 4 and 5 of the document and inquired regarding the various types of overgrown vegetation and utilization of native species relative to the seasons. He noted some vegetation becomes dormant and somewhat unattractive when the seasons change and therefore, the language relative to this definition must be distinctly clarified. Ms. Berry drew attention to page 12, Hearing Proceedings referencing the past and present problems associated with the Golden property located south of town. Ms. Fowler stated the intent of Nuisance Ordinance and enforcement also relates to public safety issues. Ms. Berry noted many enforcement violations and/or misdemeanors are often dismissed in Court. The Ukiah Main Street Program representatives recommended staff "fine tune" the document and move forward. Dottie Deerwester, Ukiah, briefly commented there are many City ordinances that are not enforced. She noted the document is very comprehensive and noted the community may be upset by the language it contains. She noted the formulation of another document to be enforced may be a problem. She noted there are individuals who do not respect private property and this document, if adopted, would require property owners to contend with graffiti and other nuisance problems at their expense, which would not be fair and/or reasonable. Staff stated the Ordinance incorporates certain areas of the Ukiah Municipal Code and that the main objective regarding this document is to repeal those Codes placing them into one document. Staff acknowledged the proposed draft does contain new information, which may require additional discussion and revision. Staff noted approximately 64 percent is considered new information and 40 percent represents old information retained from other sources. The next document revision will differentiate the new information from the old. Ms. Pruden expressed concern relevant to the problems associated with enforcement, of the document and noted, for example, the current abandoned vehicle code provision has been very difficult to enforce. She would support a Nuisance Ordinance if there were definite physical boundaries not differentiating between commercial and residential since the intent is to create a residential component within the Downtown core. She acknowledged the benefit of developing a Nuisance Ordinance incorporating associated sections of information from other sources for the purpose of creating one document. She expressed concern that problems could result relative to the language interpretation such as triggering premature demolition reviews. She did favor implementing this document into a simplified format. MINUTES OF THE PLANNING COMMISSION Page 7 June~13,~ There was continued discussion relative to enforcement of this Nuisance Ordinance versus the importance and efforts toward the establishment of community pride. Kathy Fowler addressed the Palace Hotel issue and the problems associated with out- of-town ownership of the building. Commissioner Mulheren sympathized with the Ukiah Main Street Program and their continued dedication toward encouraging local businesses to take interest regarding the appearance of their buildings. He noted various agencies devote a lot of time and effort toward encouraging the public to participate in community pride matters. There was discussion whether the Nuisance Ordinance should encompass certain pre- determined boundaries as opposed to being considered a Citywide document. Commissioner Chiles favored the document being Citywide to include the possibility of creating certain associated zones. Ms. Pruden noted creating zones would be a difficult task. It was noted there has been difficulty in past years pertinent to the community approving such n~isance documents due to certain political ramifications. However, this situation may be changing as the community becomes increasingly aware of property values. Donna Berry recommended the proposed ordinance be introduced to the business community in the beginning. Ms. Pruden stated this proposal would not be a practical approach since there exists mixed-use components in the Downtown as there are apartments in the same building as the businesses. She emphasized the necessity for incorporating a physical description as well as review of the work/live concept. Mr. Fierro reported the business community has expressed the necessity for establishment of standards to enhance and cultivate a positive business environment. Mr. Stump recommended staff review the above-referenced discussion and bring forth some proposed options and possibly mirror some of provisions for the Downtown design district along with less onerous approaches to the residential areas. He further recommended distinguishing between the commercial, the Downtown design district, industrial and residential areas, which would result in an ordinance that distinguishes between those areas with separate nuisance regulations for each of the areas. Ms. Pruden stated the community should identify what constitutes a legitimate nuisance and/or identify those nuisances the community would absolutely not tolerate followed by formulating a priority encompassing a list of certain potential nuisances the community can tolerate. PUBLIC HEARING CLOSED: 8:57 p.m. 4. APPROVAL OF MINUTES - May 23, 2001 and May 30, 2001 Commissioner Pruden recommended the following changes to May 23, :2001 minutes: MINUTES OF THE PLANNING COMMISSION Page 8 I ATHY CRANE 1295 YOKAYO COURT UKIAH, CA c)5b,82 707-/+62-56.~5 JUNE 26, 2001 CITY COUNCIL & PLANNING COMMISSION MEMBERS CITY OF UKIAH ~00 SEMINARY AVENUE UKIAH, CA 95L~82 DEAR CITY COUNCIL AND PLANNING COMMISSION MEMBERS: R CEiVED J UN 2 2001 (I]7 OF PlaNNING DEPT. I AM IN POSSESSION OF THE DRAFT OF A PROPOSED NUISANCE ORDINANCE, IN WHICH THERE ARE 38 PROSPECTIVE ORDINANCE ELEMENTS. DO WE NEED THIS? I LEARNED ABOUT THIS PROPOSED ORDINANCE ON JUNE IL,, SO THERE HAS BEEN LITTLE TIME FOR ME TO RESEARCH THESE PROPOSED ADDITIONS TO OUR TOWNS BODY OF RULES. THE FOLLOWING IS WHAT i WAS ABLE TO FIND IN THE UKIAH MUNICIPAL CODE (UMC) DURING MY SHORT .~ I/2 HOURS OF RESEARCH, AND, SOME COMMENTS AND QUESTIONS I HOPE YOU WILL CONSIDER. PROPOSED NUISANCE ORDINANCE ITEM STARTING WITH DRAFT PAGE A H CURRENT ORDINANCES ALREADY SET FORTH IN THE UKIAH MUNICIPAL CODE, REFERENCE TO OTHER LAWS, QUESTIONS AND COMMENTS NO NUISANCE INVOLVED IN WORDING. COVERED UNDER BUILDING CODE AND WATER QUALITY LAWS .~00~/~.~00 UMC WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY? WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY? DOES THIS PLACE THE OWNER OR POSSIBLE THE TENANT OF THE VANDALIZED PROPERTY IN DOUBLE JEOPARDY FOR THE ACT OF ANOTHER? WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY? WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY.9 WHAT "CONSTITUTES AN UNSIGHTLY APPEARANCE".9 WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHO DECIDES WHAT "UNSIGHTLY" MEANS.9 M O T W WHAT DO THE TERMS "...AESTHETIC APPEARANCE.., OR tS OFFENSIVE TO THE SENSES.." MEAN? WHAT DO THE TERMS "..VISUAL BLIGHT, REDUCES THE AESTHETIC APPEARANCE OF THE NEIGHBORHOOD, IS OFFENSIVE TO THE SENSES, OR IS DETRIMENTAL TO NEARBY PROPERTY OR PROPERTY VALUES..." MEAN? WHAT IS THE DEFINITION OF A DETERIORATED PARKING LOT? WOULD ANY OF THE EXISTING CITY OF UKIAH PARKING LOTS QUALIFY AS DETERIORATED? WOULD THE CITY BE EXEMPT FROM THE RULES IMPOSED ON THE POPULACE BY THE NUISANCE ORDINANCE? L~,~ 70 UHC THIS DISCRIMINATES AGAINST TRADESMAN, EMERGENCY SERVICES RESPONSE TIMES, AND TRUCK DRIVERS. IS AN INTENDED OR UNINTENDED CONSEQUENCE THE REMOVAL OF THOSE CITIZENS FROM OUR TOWN THROUGH INCREASED COSTS, SLOWER EMERGENCY RESPONSE TIMES AS FOR TOW TRUCKS, UTILITY ON CALL WORKERS, ETC? DEFINITIONS MAY BE NEEDED TO DISTINGUISH BETWEEN DEBRIS AND CONSTRUCTION DEBRIS. CONSTRUCTION DEBRIS SHOULD ONLY OCCUR IN CONJUNCTION WITH A BUILDING OR REPAIR PERMIT. IS THIS FOR ONE BIN OR ONLY MORE THAN ONE BIN.9 IS THERE A VIOLATION IF THE BIN OR BINS ARE CHANGED EVERY TWO WEEKS.9 /+/+2/+ UMC 5706.~ A THRU I UMC WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY? 2/+50 UMC 2/+60/2/~63 UMC &l10/&152 (NUISANCE DEFINED LIVESTOCK) 3500/3301 (NUISANCE) THE VEHICLE CODE ALREADY ADDRESS THIS ISSUE. WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY.9 7601/7610 UMC WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY.9 WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS AND WHY.9 BB .500/*/;5;500 UMC CC DD EE FF GG HH JJ KK LL No NUISANCE INVOLVED IN WORDING. 6070 UMC (DRUGS) WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS? WHAT CRITERIA WOULD BE USED FOR ENFORCEMENT STANDARDS? NO NUISANCE INVOLVED IN WORDING. 5200.59/5200.&0 522815250 UMC 322/-+10150 UMC (POLES) REMEDIES OUTLINED ELSEWHERE. : REMEDIES OUTLINED ELSEWHERE. PAGE 910/* (TWO TINES A YEAR, NOT LONGER THAN /.8 HOURS) IT APPEARS, FROM MY POINT OF VIEW, AFTER REVIEWING A PORTION OF THE UKIAH MUNICIPAL CODE, THAT NEW ORDINANCES ARE NOT WHAT iS NEEDED. ENFORCEMENT OF THE EXISTING CODES AND ORDINANCES WOULD BE A BETTER USE OF OUR RESOURCES. AN INTERESTING QUESTION: WHY HAVE NEW ORDINANCES IF THE OLD ONES ARE NOT ENFORCED. DO YOU BELIEVE RULES HEAPED UPON RULES WILL IMPROVE ENFORCEMENT OR JUST ADD TO THE CONFUSION AND FRUSTRATION IN OUR COMHUNITY? WHY HAVE NEW ORDINANCES IF THE OLD ONES ARE NOT ENFORCED? IN OTHER WORDS, WHY REINVENT THE WHEEL WHEN THE WHEEL IS NOT THE PROBLEM! THE DRAFT ORDINANCE SEEMS. TO CREATE MORE PROBLEMS THAN IT SOLVES, INVITING SELECTIVE ENFORCEMENT, POTENTIALLY DISCRIMINATING AGAINST PROPERTY OWNERS, SMALL BUSINESSES, CRAFTSMEN, AND, EMERGENCY SERVICES PROVIDERS, TO NAME A FEW. SINCERELY, KATHY CRANE CC: CITY MANAGER CITY PLANNING DEPARTMENT STAFF C:~,HY DOC%JI',IENTS\TEXT FILES\KATHY'S\CITY OF Ut( 0RAFT htJl~ANC~ COUE2.~ ITEM NO. 9d DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND APPROVAL OF CITY OF UKIAH RESPONSE TO THE MENDOCINO COUNTY GRAND JURY REPORT The City of Ukiah has received the report by the Mendocino County Grand Jury in which several findings and recommendations have been made regarding the management of municipal Parking Lot C and the area around the County Library. The specific City issues which the Grand Jury identified are: 1 ) that Lot C appears to be underutilized due to County employees who hold parking permits but do not park in the lot, leaving the spaces to appear unused, and 2) there is an apparent lack of public parking available for library patrons. The Grand Jury also made five recommendations to address these issues, two of which (items A and E) the City must respond to. Provided in Attachment #2 is a draft response for the Mayor's signature which addresses the findings and recommendations of the Report. Provided below is a summary of the Grand Jury's Report on Lot C and staff's recommendations for response. Recommendation A The Grand Jury recommends the City continue to conduct periodic reviews, which are already in place, of Parking Lot C's usage and supply the County with these data. This recommendation is based upon the findings that the lot appears to be underutilized as a result of County employees parking elsewhere. However, staff's discussions with County Administration and employees with parking permits has indicated that while some County employees are not using their assigned permit space, there are valid reasons why many of the spaces are left periodically vacant. (Continued on Page 2) RECOMMENDED ACTION: Approve and authorize Mayor to sign letter of response to Report by the Grand Jury regarding Parking Lot C. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine response requires revision and approve as revised. 2. Determine approval of response is inappropriate at this time and do not approve. Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Grand Jury Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and Patsy Archibald, Customer Service Supervisor Attachments: 1. Excerpt from Grand Jury Report 2. Draft Letter of Response APPROVED: t ~L~----~--' Candace Horsley, City anager LD/ZIP Grand jury.asr As Finding C of the Grand Jury Report indicates, County employee parking is intermittent, which is due in large part to the geographic dispersion of County offices. Many employees are required to visit an outside office which takes them out of the downtown for several hours at a time. Also many employees work out of several locations but require a permit for the days they are in the downtown. While all of these conditions contribute to the appearance that the Lot is underutilized, the fact remains that many County employees select to park in on-street spaces as opposed to their assigned spaces in Lot C. In direct response to the Grand Jury's recommendation, staff believes continuing the periodic audits of parking use in and around Lot C has provided a foundation for discussions with County Administration to jointly resolve this and future employee parking issues. As indicated in the attached response letter, the County has agreed to continue regular discussions with City staff and cooperatively seek solutions to parking issues as they arise. County Administration will also be providing a separate response to the Grand Jury regarding internal actions they have taken and will be taking to resolve the employee parking issue Recommendation E Finding Number 7 of the report states that only nine metered spaces are available on Lot C resulting in a lack of public parking for Library patrons. The Grand Jury has recommended that additional metered or time limited spaces be made available in Lot C. Staff is recommending that the City initiate meetings with Library and County Administrative staff to better identify Library parking needs and determine how the City may assist in meeting those needs. However, the draft response also notes that an additional 52 on-street spaces are in place around the perimeter of the Lot and within 200 feet of the Library. Standley Street provides 31 of those spaces directly adjacent to the Library, 16 spaces on Smith Street and five on Main Street. It has been staff's observation, based upon the periodic audits, that the parking resources on Smith Street and the metered spaces in the Smith Street side of Lot C are grossly underutilized and mostly available during the library's operating hours. Staff believes utilization of these spaces will become more attractive to Library patrons once the grant funded streetscape and pedestrian improvements to and around Parking Lot C are completed this year. In summary, the findings and recommendations of the Grand Jury regarding the City's operation of Parking Lot C are issues which the City and County are currently working to resolve. Staff believes the draft response adequately addresses these issues and is recommending approval and authorization of the Mayor to sign the attached letter. Parking Lot C North of Mendocino County Library, Ukiah While there are an inadequate number of parking spaces available for Mendocino County Library (Library) patrons, itis apparent that the parking lot north of the Library (Lot C) is underused. In addition, the County of Mendocino (County) pays for a number of unused spaces for use'by its employees. The City of Ukiah (City) and County need to closely review and adjust the Lot C allocations. Method of Investigation The Grand Jury inspected and observed Lot C, examined maps, the permit fee schedule for City parking lots, the County-City'parking contract, and the City of Ukiah Parking Lot C Audit Results. The Grand Jury interviewed the City Assistant Redevelopment Director, the City Customer Service Supervisor, ar.d the Assistant County Administrative Officer.' Background Library patrons noticed the empty parking spaces in Lot C and the lack of public parking available for Library patrons. Lot C has 126 parking spaces. Nine spaces are metered; the remaining spaces require a parking permit. Each permit costs $7.50 per month'. The County contracts with the City for approximately 60 assigned spaces and pays the monthly fee for the County employees who receive the permits. The City makes the remaining spaces available to the public on a first-come, first-serve basis at the same fee. Findings , 1. Each Cgunty employee with a permit for LOt C has a specific, assigned, numbered space. When the assigned person does not use the space, the space remains vacant and is unav_s_i_!able for use by anyone else. 2. According to the City of Ukiah Parking LOt C Audit Results dated 11/13/00, which covered weekdays between 8/7/00 and 10/4/00, Lot C was underused. With approximately 60 County employees holding parking permits, the average usage for those permit holders in Lot C was 26 spaces per day. 3. Most County employee parking usage is intermittent. 4. The County paid $7.50 per month per space for all 60 spaces. The County paid for at least 22 spaces which were not used during the time period of the report. At this rate, the County is wasting approximately $2,000 per year. 5. The Grand Jury has observed no apparent change in the usage since the 11/13/00 report. 6. Two street parking spaces are dedicated for Library patrons. No spaces in Lot C are dedicated for Library patrons. 2000-2001 Mendocino County Grand Jury Final Report 63 7. The City has posted a sign on Perkins Street indicating public parking north, apparently to Lot C, but only nine public metered spaces are available. Recommendations A. The City continue a periodic review of County parking lot usage and supply the County with usage information. (Findings 1 - 5) . B. At a cost of $7.50 per space, per month, the County re-examin(~ the need for so many County employee parking spaces, which results in the money being spent for non-use. (Findings 2 - 5) C. The County look for resources to provide Library parking, such as consolidating County employee parking in a spec'.ffic block of spaces within Lot C, but not with individual employee spaces. Each employee COuld display a.permit and park anywhere within that block of spaces. (Findings 2 - 6) D. The County confer with its Library staff a_nd the Friends of the Library to determine patron-parking needs and set aside an appropriate number of non-metered, time-limit spaces for Library patron use only. These spaces should be situated on the Library side of Lot C. (Finding 6) E. The City make additional public metered or time limit parking available in LOt C. (Finding 7) Response Required Mendocino County Board of Supervisors (Recommendations 2, 3, 4) Ukiah City Council (Recommendations 1, 5) 2000-2001 Mendocino County Grand Jury Final Report 64 300 SEMi~Y AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · EMAIL: ukiahcty®jps.net · July 18, 2001 Presiding Judge Eric Labowitz P.O. Box 996 Ukiah CA 95482 Re: Response to Grand Jury Report Regarding Parking Lot C North of Mendocino County Library, Ukiah Branch Dear Judge Labowitz: The following is the City ofUkiah' s response to Recommendations A and E of the Grand Jury Report regarding Parking Lot C, located north of the Mendocino County Library and bounded by Main, Standley, Mason, and Smith Streets. Recommendation A. The City of Ukiah does agree with the Grand Jury's finding that Parking Lot C is periodically underutilized and that, in context of the agreement between the City and the County, many County employees are not utilizing spaces reserved for them by the County. However, as Finding No.3 indicates County Employee parking is intermittent, which is due in large part to the geographic dispersion of County offices. City staff has had on-going discussions of this issue with County employees and County Administration. Those discussions have evidenced that a certain number of spaces are always going to appear vacant at various times of the day, as many County employees are required to visit or deliver items to other offices outside the downtown area. Other employees may also split the workweek between the downtown and other offices, which would leave their downtown space empty on intermittent days. Excluding those situations, many County employees still select to park in on-street spaces closer to their particular place of employment, at least part of the time. To minimize this issue, the City of Ukiah will continue the periodic reviews already in place of the parking lot's usage and forward that information to County Administration. County and City staff have agreed to jointly review the data compiled during the periodic reviews and discuss methodologies to increase employee use of the permitted spaces in the Lot. 'We Are Here To Serve" Recommendation E. Finding No. 7 is correct in stating that only nine public accessible, metered spaces are available within Parking Lot C. However, there are an additional 52 on-street spaces around the perimeter of the lot, 31 of which are on Standley Street adjacent to the Library. Fourteen of the total 52 spaces are metered but the remaining 38 spaces are 2 to 5 hour time zones with no charge. It has also been City staff' s observation that the parking resources along Smith and the metered spaces on the Smith Street side of Lot C are grossly underutilized and available at virtually all hours of the Library's operation and are within approximately 200 feet of the Library. In response to the Grand Jury's recommendation City staff will initiate meetings with the Mendocino County Library and Administration staff to determine library parking needs and identify locations and/or methods by which the City may assist the Library to meet their parking needs. In addition, last year the City dedicated funds and received a grant to complete significant pedestrian improvements to Parking Lot C and the perimeter streets. This project shall commence in July of 2001 and will greatly enhance pedestrian safety in and around the Lot, thereby encouraging parking along Smith Street. Sincerely, Phillip Ashiku Mayor, City of Ukiah LD/Zip GandJury. ltr Item No. 9e Date: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: Authorize the Director of Public Utilities to Execute the Agreement to Participate in the Unofficial Committee of Western Customers. REPORT: The customers of the Western Area Power Administration (Western) have formed a committee to share information and cooperate as appropriate in asserting claims and recovering debts against the California Power Exchange Corporation (PX), the California Independent System Operator Corporation (ISO) and Pacific Gas and Electric Company and any other persons or entities that may be liable for obligations to the members. The members have been meeting on a weekly basis to discuss the various issues dealing with the PG&E bankruptcy filing and its impact on Western contract 2948A. In addition, the committee has been dealing with PG&E's 205 filing with the Federal Energy Regulatory Commission (FERC) to change rates currently defined in 2948A. The bankruptcy judge has formed an official committee of creditors with the City of Palo Alto being chosen to represent the municipal utility interest on the committee. This unofficial Western committee is being formed to advise members of issues being discussed within the bankruptcy filings of the entities outlined above. In addition, members will assist Western to defend contract 2948A against the 205 filing at FERC. The committee is receiving legal advice from Spiegel & McDiarmid relative to FERC issues and McDonough, Holland & Allen relative to bankruptcy issues. Costs are estimated to be minimal, with staff resources being the major commitment at this point. Since an adverse change to our Western contract could significantly impact our operating costs, staff recommends that we continue to fully participate in the committee, and that you authorize the Director of Public Utilities to execute the Joint Defense Agreement. RECOMMENDED ACTION: Authorize the Director of Public Utilities To Execute the Agreement to Participate in the Unofficial Committee of Western Customers. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Alternative Action, Citizen Advised: N/A Prepared by: Coordinated with: Attachment: Darryl L. Barnes, Director of Public Utilities Candace Horsley, City Manager 1) Agreement of the Unofficial Committee of Western Customers A PPROVED~. (~.~ ~andace H°rsley, ~ Manager Agreement of the Unofficial Committee of Western Customers ARTICLE I The Committee This Committee shall be known as the Unofficial Committee of Western Customers ("Committee"). The members of the Committee shall be the undersigned parties ("Members" or "Committee Members"). All Members shall be bound by this Agreement. ARTICLE H Status of United States The United States, on behalf of the Western Area Power Administration, Department of Energy, and the Bureau of Reclamation, ("United States") is participating in an un,official and nonvoting capacity in the Committee. In so doing, the United States assumes no fiduciary obligations on behalf of Committee Members and is not bound by any positions taken by the Committee and its Members. ARTICLE III Purpose The purpose of the Committee is to share information and cooperate as appropriate in asserting claims and recovering debts against the California Power Exchange Corporation (the "PX"), the California Independent System Operator Corporation (the "ISO"), Pacific Gas and Electric Company ("PG&E"), Southern California Edison Company ("SCE) and any other persons or entities that may be liable for the obligations or, or received avoidable transfers from, any of them (collectively, the "Debtors"). ARTICLE IV The Existence of Common Interests In connection with the Committee's efforts to assert claims against the Debtors and maximize their recovery through negotiation, litigation or bankruptcy, the Committee Members have concluded that facts and information known to other Members may assist each Member in the preparation of claims against the Debtors and potentially joint defense and prosecution of those claims. The Members therefore acknowledge and agree that they share certain common interests and that their interests will be best served if Committee Members can exchange information subject to the continued protection of the attorney-client, attorney work product, and other privileges. To further the purpose of this Committee, the Committee will, to the extent each Committee Member deems prudent: share information regarding the assertion of claims against the Debtors and the recovery of debts of the Debtors; (2) share information regarding the protection of beneficial contractual relationships with the Debtors; (3) discuss negotiation and litigation strategies; (4) formulate collection strategies; and (5) seek resolution and payment of claims against the Debtors. ARTICLE V Sharing Joint Claim and Defense Materials The Committee Members agree that they shall cooperate with each other as each Committee Member may deem appropriate and shall abide by this Agreement in the joint' defense and pursuit of the Committee's common interests to the extent permitted by law pursuant to the joint defense and/or common interest doctrines recognized by the various state and federal courts. To that end, the Committee Members may share information protected by the attorney-client privilege, the attorney work product doctrine, and other privileges to assert certain common and/or joint claims and defenses that are or may be asserted in litigation or bankruptcy proceedings by or against any or all of them. To further their common interests, the Committee Members may exchange privileged and work product information--both orally and in documentmincluding factual analyses, mental impressions, legal memoranda and opinions, draft briefs and pleadings, and other information ("Joint Claim and Defense Materials"). The Committee Members agree that they intend to and will maintain to the extent permitted by law the confidentiality of the Joint Claim and Defense Materials, and that the disclosure to each other or their representatives of Joint Claim and Defense Materials is not intended to waive any applicable privilege or protection. The Committee Members would not disclose such Joint Claim and Defense Materials but for their mutual and common interest in the defense and prosecution of their claims through negotiation, litigation or bankruptcy, unless otherwise required by law. The United States further agrees to provide notice to Committee Members of any Freedom of Information Requests (5 U.S.C. § 552 et seq., "FOIA") submitted seeking Joint Claim and Defense Materials. Nothing in this Agreement is intended to create any obligation for any Committee Member to disclose or discuss any privileged or work product information with the Committee or any Committee Member. Any documents disclosed to other Committee Members pursuant to this Agreement shall be marked with the following: "Privileged and Confidential Joint Defense Material." ARTICLE VI Agreement Regarding Joint Defense and Effect of Exchange, if Any, of Confidential or Privileged Information The Committee Members agree to cooperate in pursuing the above described collection actions, while at the same time pursuing each Committee Member's separate interests individually. This Agreement is not intended to, and it is understood will not, void or waive the protections afforded under the attorney-client privilege and work product doctrines, or other applicable privileges. The Committee Members agree that the Joint Claim and Defense Materials will be protected from disclosure by the attorney-client, attorney work product, or other applicable privileges, even if such materials are exchanged between or among counsel and other representatives or consultants for the Committee Members. Committee Members will instruct all of their representatives and consultants that receive any Joint Claim and Defense Materials to comply with this Agreement. The Joint Claim and Defense Materials disclosed to or exchanged among Commitiee Members pursuant to this Agreement and in furtherance of the stated purposes of this Agreement, shall not be used in any proceeding against the Committee or any Committee Member. Nothing contained in this Agreement is intended to create any attorney- client relationship for the purposes of conflicts or otherwise. Each Member understands that its individual counsel's sole responsibility is to represent the individual Member and that none of the counsel for other Members has in any way assumed any such responsibility. Moreover, the participation in, execution of, or receipt of any information pursuant to this Agreement shall not disqualify any representative of a Member from accepting any other future engagement. The Members and their respective counsel further agree that in the event that any Member decides to enter into separate discussions with any of the Debtors, related parties or governmental entities, nothing in this Agreement shall create a conflict of interest so as to require the disqualification of any Member's counsel from the representation of their respective clients and the Members hereby waive any such conflict of interest. It is agreed that no Member's counsel shall be disqualified from examining or cross-examining any person affiliated with a Member who testified at any proceeding regarding the Debtors, because of the Member's participation in the Agreement, and it is represented that each Member has consulted with counsel regarding the terms of the Agreement, including this provision. If any Committee Member receives ar request or order to disclose or produce any Joint Claim and Defense Materials, that Committee Member will immediately notify all other Committee Members by first class United States mail of such request or order and the date and time of such propOsed disclosure or production. The Committee Members that received such request or order shall use reasonable efforts to prevent the disclosure or production of the Joint Claim and Defense Materials subject to such request or order. Other Committee Members also have the right to take any action they deem appropriate to prevent the disclosure or production of such Joint Claim and Defense Materials. Nothing in this Agreement is intended to create fiduciary obligations by any Member nor a fiduciary relationship between any Member and (1) the Committee; (2) any other Member(s); or (3) any other party. ARTICLE VII Voting on Committee Positic a The Committee may express opinions and take positions on relevant issues as a Committee, but only after a vote of the Committee Members. Such opinions and positions shall not be construed as the opinions or positions of any individual Committee Member. Voting shall be by a majority of the Committee Members (1) conducted at a meeting of the Committee Members at which (a) a majority of individual Members are in attendance, including telephonic attendance, and (b) held after no less than one business day's notice, or (2) through a written approval process participated in by a majority of the Members. Each Member entity shall be entitled to one vote. Nothing herein shall be construed to obligate any Committee Member to take or abstain from taking any action on its own behalf in its sole discretion except as specifically provided in this Agreement. The United States, as a nonvoting member, is not governed by this Article. ARTICLE VIII Costs Each Committee Member shall bear its own costs and legal fees. No Committee Member shall have authority to incur costs on behalf of the Committee or for which other Committee Members would be liable. ARTICLE IX Execution/Modification This Agreement may be executed in counterparts and with facsimile signatures. This Agreement shall not be modified except in writing signed by a majority of the Committee Members. The violation of any provision of this Agreement by any Committee Member will result in irreparable harm to the other Committee Members for which there is no adequate legal remedy. ARTICLE IX Additional Parties Upon agreement of a simple majority of the Committee Members to this Agreement, additional persons or entities may be permitted to join the Agreement at a future time. ARTICLE X Withdrawal Any Committee Member may withdraw from this Agreement upon prior written notice to the other Committee Members, in which case this Agreement prospectively shall no longer apply to the withdrawing Committee Member. Subsequent to such a withdrawal, this Agreement shall continue to protect all Joint Claim and Defense" Materials disclosed by or to the withdrawing Committee Member before its withdrawal. The withdrawing Committee Member shall continue to be bound by this Agreement with regard to any Joint Claim and Defense Materials provided, disclosed, received, learned, or obtained from another Committee Member before withdrawal, all of which shall be destroyed upon such withdrawal. [Each signatory should include entity name, title, and contact information, including fax number, phone nt~mber, and e-mail address] By: Dated: By: Dated: By: Dated: By: Dated: ITEM NO 9f DATE: July 18, 2001 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF VOTING DELEGATE AND ALTERNATE FOR ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE - SEPTEMBER 12- 15, 2001 It is time once again for Council to designate a voting representative and an alternate who will attend the League of California Cities annual business meeting on Saturday, September 15, 2001, and represent the City by voting on the League of California Cities' Annual Resolutions. Details regarding the date, time, and location for the business meeting can be found in the attached letter from the League, along with other pertinent voting procedure information. If it is determined that only one Councilmember will be attending the Conference, a member of staff can be selected as the alternate. Staff will be returning to the Council at a future meeting with the actual conference resolutions for discussion and consideration. RECOMMENDED ACTION: Make appointments of voting delegate and alternate by minute order and direct the City Manager to forward the notice of appointments to the League of California Cities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine representation for an alternate delegate is to be made of staff member attending Conference. Citizen Advised: Requested by: Prepared by: Attachments: N/A League of California Cities Candace Horsley, City Manager 1. League of California Cities' letter, dated June 2001. APPROVED: c~ ~. ~,. Candace Horsley, ~ty Manager 4/Can:ASRL®ag.701 I~cllcr ( ilit'~-,.\ I~,cllt'r I itc June 200~ To: From: Re: 'ihe Honorable Mayor and City Council David Fleming, League President, Mayor, Vacaville Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Wednesday, September 12 through Saturday, September 15, 2001 in Sacramento, CA. One very important aspect of the annual conference is the annual business meeting when the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that al_J cities be represented at the annual business meeting on Saturday, September 15, 2001, at 9:15 a.m. at the Sacramento Convention Center. League bylaws state that "Any official of a Member City may, with the approval of the city council, be designated the city's designated voting delegate or alternate delegate to any League meeting. Designated voting delegates (or their alternates) registered to attend the Annual Conference constitute the League's General Assembly." To expedite the conduct of business at this important policy-making meeting, each city council should designate a vodng representative and an alternate who will be registered at the conference and present at the annual business meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, August 17, 2001), so that proper records may be established for the conference. The voting delegate may pick up the city's voting card at the designated Voting Card desk located in the League registration area. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. League of California Cities An?.ua!. Confere_n_c~__Voting P_ rocedu~es . . Each member city has a right to cast one vote on matters pertaining to League policy. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. Prior to the annual conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. . . . . . The voting delegate or alternate may pick up the city's voting card at the annual conference registraiion area. Free exchange of the voting card between the voting delegate and alternate is permitted. If neither the voting delegate nor alternate is able to attend the annual business ~,-neeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the annual business meeting, exchanges may be made at the annual conference registration area. At the annual business meeting, exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the annual business meeting. G'\policy\acres\voteprox.doc AGENDA SUMMARY ITEM NO. 9~ DATE: July 18, 2001 REPORT SUBJECT: APPOINTMENT OF COUNCILMEMBER TO MENDOOINO COUNTY LIBRARY ADVISORY BOARD Mayor Phillip Ashiku has received a request from Librarian Erika Condon to appoint a Councilmember to the Mendocino County Library Advisory Board. The Board consists of one member from each Supervisor's District and one from each City. The prior appointee from the City, Ann Fatch, has resigned. The Council may also choose to appoint a public member to represent them on the Board as has been done in the past. RECOMMENDED ACTION: Discussion and possible appointment to the Library Advisory Board. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Attachments: 1. 2. N/A Mendocino County Library Candace Horsley, City Manager Terms of City of Ukiah Boards and Commission Members Council Committee Assignments Candace Horsley, Ci~y 4/Can,ASRLibrary,701 Manager TERMS OF CITY OF UKIAH BOARDS .AND COMMISSION MEMBERS As of July 5, 2001 *Next Councilmember to nominate for appointment to this Commission/Board. Date of Current Present Term Plannin_cl Commission-3 year term - (Libby) Appointment Expires Mike Correll 7/05/01 6/30/04 Judy Pruden 7/17/99 6/30/02 Joe Chiles 7/05/00 6/30/03 Gaither Loewenstein 7/05/01 6/30/04 Robert Wallen 7/05/01 6/30/04 Airport Commission - 3 year term ** - (Libby*) *.':Ken Fowler - Chairperson Mark Ashiku Michael Whetzel **Allen Rogina James Mulheren 6/30/01 6/30/04 6/30/01 6/3O/O4 6/30/01 6/3O/O4 8/04/99 6/30/02 6/30/01 6/30/04 ** Two Commissioners may reside within the Sphere of Influence Parks, Recreation, aitd Golf Commission - (Libby*) Jon Henderson Chamise Cubbison Robert Beltrami Perry Ramsey - Men's Golf Club Susan Johnson, Chairperson Judith Waterman - Women's Golf Club Faye Hefte - Golf- Public Member 7/05/98 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 8/18/99 6/30/02 7/05/00 6/30/02 7/05/00 6/30/02 _Design Review Board - (Ukiah Redevelopment Agency - 3-year term - Commissioner Baldwin*) Thom Parducci, Chairperson 6/30/95(Retro) 6/30/01 Vacant 6/30/01 Donna Berry 10/15/97 10/15/00 **Joan Schlienger (at large) 02/18/98 6/30/00' Marge Boynton 01/20/99 6/30/00 *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 Oversiqht Committee - Public Member 2-year term - (Ashiku*) Phillip Ashiku - Mayor Roy Smith - City Councilmember Candace Horsley - City Manager Gordon Elton - Finance Director Monte Hill- Public Member 7/05/00 Allen Carter - City Treasurer, Chair 6/30/O2 Terms: July 5, 2001 Page 1 of 2 TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of July 5, 2001 Traffi~ Engineering Committee - (LibbY*) Diane Zucker Steve Turner (MTA Rep.) Benjamin Kageyama (Public Rep.) City Manager - Candace Horsley City Engineer- Diana Steele Police Chief - John Williams Planning Director - Charley Stump Superintendent of Public Works - Jim Looney 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) Date of Current Appointment 4/05/00 6/15/88 10/06/99 Present Term Expires City Representative on the Library Advisory Commission Ann Fatch ~ 11/04/92 Cultural Arts Advisory Board - Mastin* Currently Inactive Demolition Permit Review Committee - 2 year term - Inactive Director of Public Works/City Engineer (all other terms have expired) 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.) Chair First Vice Chair Second Vice Chair Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator - Staff Terms: July 5, 2001 Page 2 of 2 COUNCIL COMMITTEE ASSIGNMENTS Transnfission 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 County Overall Economic Development Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority (MSWMA) Mendocino 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 Valley Sanitation District (UVSD) ternate: Councilmember Smith Mayor Ash~ku Alternate: Public Utilities Director Barnes Designate: Councfimember labby Alternate: Councilmember Smith Designate: City Manager t iorsley Alternate Mayor Ashiku Designate: Mayor Ash~ku {reqmred) Mayor Ash~ku - Chairman Councilmember Libby - First Vice-Chair City Manager Horsley. - Second Vice-Chair Mayor Ash~ku Colmcilmember Smith/Vice-Mayor Baldwin Councfimember Labby City Manager H0rsley Mayor Ashlku Councilmember Smith Mayor Aslmku Councfimember '5nmth Councfimember 'Larson Alternate Councilmember Libby C0uncllmember 'labby Mayor Ashlku Alternate: Vice-Mayor Baldwin Councllmember l_arson Councfimember 8rmth Councfimember 'la b by Alternate: Councilmember Larson Vice-Mayor Baldwin Alternate: Councilmember Libby Councflmember Larson Alternate: Mayor Ashiku Mayor Ash~ku Alternate: Councilmember Libby Alternat& Councilmember Smith Economic Development & Financing Corporation (EDFC) Finance Review Committee )ner ,y Alternate: Commissioner Smith an Ash~ku Alternate: Vice-Chairman Baldwin council\Committee Assiggment Dec :2000 Effective: December :20, :2000