Loading...
HomeMy WebLinkAbout2001-02-07 PacketMayor Ahiku stated he wanted to the take the items tonight and asked the pleasure of the Council. Councilmember Baldwin stated he had a question about one specific assignment and that they should move on. Councilmember Smith stated he and Mayor Ashiku had talked together about the committees he had asked to be assigned to and he was assigned to all of them and he has no problem. Councilmember Larson stated it's at the Mayors discretion. Mayor Ashiku asked for the general consensus of the Council to the appointment of MCOG. Councilmember Baldwin stated it was a political decision the Mayor was making and we just had to live with it. Councilmember Smith said he was fine with the decision. Councilmember Libby stated she was not going to take part in what was happening on the Council and she would be leaving. Councilmember Libby left in protest. UllI FEB 7 2001 I CITY OF UKIAH CITY CLERK'S DEPARTMENT ITEM NO. 3a MEETING DATE: February 7, 2001 AGENDA SUMMARY REPORT SUB.1ECT: PACIFIC BELL PRESENTATION OF TECHNOLOGY GRANT TO NUESTRA CASA The City received the attached letter, dated January 31, 2001, from Nuestra Casa requesting an opportunity to make a special presentation before the Council wherein Pacific Bell will award $18,000 to Nuestra Casa. This very active community non-profit agency was awarded this funding in order to buy computers, software programs, and video production equipment to benefit a new outreach program that will provide technology and training to the local Hispanic community. RECOMMENDED ACTION: City Council host special presentation from Pacific Bell to Nuestra Casa. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Pacific Bell and Nuestra Casa Candace Horsley, City Manager N/A 1. .]anuary 31, 2001 letter from Nuestra Casa detailing grant Approved' Candace Horsley, City ~nager 4:Can:ASRNCasa.201 FROM · TAPESTRY FAX NO. ' 46816S5 Fmb. 01 2001 10:S~AM P2 I UF TRA CASA Mendocino l atinos para la Comunidad, Inc. Nuestra Casa 915 South Dora Street Ukiah, CA 95482 Pl~one (707) 463-8181 Fax (707) 463-8188 January 3% 2001. LTkiah City Council City of Ukiah Ukiah, CA 95482 Dear Council Members: Pacific Bell has recently awarded $18,000 to .Nuestra Casa, a community-based organization in LTkiah. Pacific Bell has request~ct that they be able to present [his award to Nuestra Casa at a meeting of the Ukiah City Council so that the Council can share in our celebration of Pacific Bell's assistance to our local community. Through its Communi,ty Enrichment Program, Pacific Bell and its Foundation are awarding $4.00,000 to 20 Northern and Central O, alifornia organizations that are using technology to improve the overall quality of life in their communities. The .goal of Pacific Bell's Community. Enrichment Program is to put today's advanced technology where it can make a real difference in people's lives. The Pacific BeJ1 donation to Nuestra Casa provides funding for computers, software programs, and video production equipment to benefit a new outreach program, El Puente Rlectronico 01~ne Electronic Bridge.) The purpose of the El Puente Electronico Program is to provide technology and training to the local Hispanic community, and to demonstrate the importance of utilizing technology to empower our lives. More than 50 children at~nding after-school tutoring sessions, as weU as the local adult community., will have access to computer training, learn to navigate the Internet, and · use e-mail for out-of-country communication. In addition, computer laptops, and video production equipment will be used to develop audio-visual presentations to enhance parenting workshops, Engli.~h as a Second Language instru.c~ort, and cultural interactive projects with H/spanic schools and groups around the world. Nuestra Casa is a Ukiah-based Latino Family Resource Center whose mission is: ]. To provide culturally sensitive, language appropriate human services to Latino bamilies in _Mendocino County. 2. To reduce the toll of alcohol, and other drug 'problems in the Lat~o community of Mendocino County. To improve understanding of alcohol and drug issues among Latino families in Mendocino County. 3. To empower and support families in their efforts to provide healthy and nurku'Jng FROM ' TAPESTRY FAX NO. ' 468165S Feb. 01 2001 10:SSAM PS . environments for their childrexl. To assist individuals and families by serving as an intermediary and fostering interaction betw~n Lath'to families, local agencies/schools and the community at large. We, at Nu~stra Casa, are grateful to Pacific BeU for their generous donatiorc This project is one step in our plan to help our ~Latino community understand the importance and power of techrtology in our lives. Nuestra Casa is also gratnfill for the support that the City of LTkiah has provided to our organization over the years. We appreciate the opportunity to share with the City Council our good fortune in receiving this donation from Pacific Bell. We believe that this program will make a diffo, reaxce in our community. Thank you for your support with this event. We expect that the agenda item will take no more than ten minutes. Sincerely, Sharon Kiichli Interim Director MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, December 20, 2000 Item 4a The Ukiah City Council met at a Regular Meeting on December 20, 2000, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present: Customer Service Supervisor Archibald, Public Utility Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Assistant Airport Manager Richey, Community Services Supervisor Sangiacomo, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCI~ Vice-Mayor Baldwin led the Pledge of Allegiance. 3. MINUTES 3a. Re_clular Meetin.q of December 6, 2000 Councilmember Larson recommended a correction to Page 3, that Item 8 should be listed as "UNFINISHED BUSINESS". Councilmember Libby recommended a correction to Page 10, second paragraph to read: "She reported that EDFC sponsored her attendance at a workshop for community fund- raising and the techniques of fundraising for EDFC. She felt this would also be very helpful sitting on the Recreation and Community Center Committee for their fundraising." She also noted a correction to Page 10, seventh paragraph, first sentence should read: "Councilmember Libby explained that MCOG discussed the matter and noted that the original allocation would not change." MIS Baldwin/Smith approving the minutes of the December 6, 2000 Regular Meeting as corrected, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. PRESENTATIONS: City Manager Horsley advised that at the recent City of Ukiah Employees' Christmas Party, it was announced that Community Services Supervisor Sage Sangiacomo was one of the two recipients of the "Employee of the Year" award. She announced that Airport Assistant Manager Paul Richey has also been selected to receive the "Employee of the Year" award. Paul has been employed at the Airport for over 20 years and has been a loyal, unselfish employee, frequently going above and beyond the call of duty. She presented him with a certificate and a special gift from the City. His photo will be displayed at City Hall. Airport Assistant Manager Richey thanked Council for the award and stated that DRAFT December 20, 2000 Page 1 of ]3 "aviation is his life and he loves the Airport." 4. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 5. CONSENT CALENDAR Councilmember Libby requested that item 5i be pulled for discussion. Mayor Ashiku advised that Consent Calendar item 5i would be agendized as item 8g. MIS Larson/Smith approving items a through h of the Consent Calendar as follows: a. Approved Disbursements for Month of November 2000; b. Rejected Claim from Pamela Leyone and Referred to Redwood Empire Municipal Insurance Fund; Received Notification to Council Regarding the Repair of an Influent Pump by Pump Repair Service Company, Inc. for the Sum of $5,561.71 Plus Freight; Awarded Bid for Purchase of Liquid Polymer SW-238 to Polydyne Inc. for the Sum of $16,710; Adopted Ordinance No. 1032 Amending Section 1607 in Article 2, Chapter 7, Division 1 of the Ukiah City Code Regarding Claim Filing Procedures; Approved Ukiah City Council Response to Mendocino County Grand Jury Report Regarding Its Investigation of Domestic Violence Issues; Received Notification to the City Council Regarding the Purchase of Muffin Monster Repair Parts from JWC Environmental for the Sum of $6,648.94 Plus Freight; h. Approved Renewal of Agreement With County of Mendocino for County Employee Parking Within Parking District #1. C. d. e. g. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Ulvila announced that several members of the audience have asked that item 8c, Discussion and Possible Direction to Staff Regarding Regulating the Use of Leaf Blowers in the City Limits, be moved ahead on the agenda due to audience participation. Discussion of the request followed, and it was determined that the item would be heard in the order assigned on the Agenda. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 7. UNFINISHED BUSINESS 7a. Update on the Ukiah C.A.R.E.S. Proqram Finance Director Elton advised that a revised schedule to Attachment #1 has been submitted to Council. Customer Service Supervisor Archibald provided Council with an update to the Ukiah DRAFT December 20, 2000 Page 2 of !3 C.A.R.E.S. program that provides financial assistance to the Iow and moderate-income families towards the electric charges of their utility bill. The eligibility to the City's customers is based on household income of 150% of the Federal Poverty Guidelines. She advised that two programs have been developed: 1 ) Temporary Emergency Assistance of up to $300 toward an eligible customer's electric bill once annually; and 2) eligible Senior Citizens received the first 100 kilowatts of electricity free every month, and eligible non- Senior households can obtain 50 kilowatts free each month. She discussed the analysis of the data for Senior Citizens program and the newly developed non-Senior program. She reviewed Attachment #1 that makes a comparison of services provided to surrounding areas near the City and of average residential monthly utility bills. The program has grown, partly due to increased marketing and benefits that occurred in January 2000. To date, 754 households have benefited from the Ukiah C.A.R.E.S. since it was initially developed. Ukiah continues to have an excellent working relationship with the Salvation Army who conducts the eligibility for these households, thereby streamlining the eligibility process. To date, $157,000 has been spent on the program. There is currently approximately $1 million remaining in the fund and the funding will cease in January 2002. The Temporary Emergency Assistance Program was discussed with regard to individuals needing assistance. It was noted that these funds could be provided once every 12-month period, up to a maximum of $300 per year. Staff has increased publicizing the program, which has increased the number of applicants. It was noted that the cost doubled in the fiscal year in which the program increased its funding, partly due to the increased benefits and from increased participation. The importance of providing seniors with available information was noted. Finance Director Elton discussed previous analysis that attempted to assess the number of eligible individuals. Based on the statistics that were available, staff estimated approximately 1,500 households may be eligible. When the 2000 consensus becomes available, staff will have more current information. Mayor Ashiku recommended that during the ensuing months, staff should analyze a comparison of last year's charges and basic usage to see if it has increased for those that are participating in the program. Councilmember Baldwin recommended staff come back to Council in March 2001 with an analysis of the possible and probable budget impacts of increasing the progress of the electric utility rates as follows: 1) Increase the benefit for all eligible households to cover the first 120 kilowatt hours and to increase the yearly household net income eligibility limits as follows: starting at 1 or 2 persons at $21,000 and increasing in $4,000 increments, 2) Additionally report on the cost of semi-annual and week long Cable TV advertising on selected channels to promote the C.A.R.E.S. program. Councilmember Smith expressed an interest that an analysis includes the affect of increased natural gas costs. He sympathized with those on a limited income having DRAFT December 20, 2000 Page 3 of ]3 difficulty paying the increased rates. Councilmember Libby requested staff also provide an analysis of providing lO0-kilowatt hours to non-Senior households and 120kilowatts to Senior Citizens, because most seniors are on a fixed income. Finance Director Elton explained that a difficult portion of the analysis concerns the income levels because there is no data available to base the potential eligibility that it would create. Mayor Ashiku requested that staffs analysis include, not changing the 150% of the poverty income level, so that there will be a better understanding of the impact on the program. Discussion followed concerning market rates and whether the City has the ability to contribute money into this fund after 2002 when it is no longer required by State law. To continue contribution into the fund would require a decision by Council. MIS Smith/Larson to receive the Report from staff, with direction to staff to report back to Council in March 2001 with their analysis of Council's inquiries carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7. UNFINISHED BUSINESS 7b. Consideration of Proposal by New Trend Builders for Replacement of Alex R Thomas Jr., Plaza Fountain and Approval of Budqet Amendment in the Amount of $16,935 Community Services Director DeKnoblough advised that since the removal of the fountain at the Alex R. Thomas Jr. Plaza, staff has been directed to provide Council with design options for a replacement fountain. Mr. Dan Mason has offered to donate a portion of his services in order to provide an affordable for the Plaza. He described Mr. Mason's proposal along with other sample designs, as outlined in the Staff Report. There is a need to have a fountain that is vandal proof, yet allow the public interaction with the fountain. He stated that the cost of fountains range from a $20,000 to over $500,000, depending on size and computerization. He recommended the design for the Plaza fountain be awarded to New Trend Builders in the amount of $16,935. Discussion followed concerning the proposal submitted by New Trend Builders. It was noted that Mr. Mason's portion of the cost of the fountain construction is approximately $4,000, which he would donate to the City. City Attorney Rapport advised Council concerning the City Code relative to the bidding process and the determination within the City Code concerning "sole source" projects. There was considerable discussion concerning the original fountain, New Trend Builders' fountain design, and other sample designs included in the Staff Report. DRAFT December 20, 2000 Page 4 of ]3 Mayor Ashiku recommended that the City's Engineering Department review the fountain plans to determine if it can support the load. He preferred that the ring for the pool be constructed in a solid concrete base material, colored to match the stone and theme of the area. Dan Mason, 3850 Road B, Redwood Valley, reviewed his proposal for construction of the fountain and colors to be used. He discussed alternative designs for the fountain and addressed the issue of vandalism. The design of the pump and skimmers were discussed in detail. MIS Smith/Libby approving the design proposal for construction of a fountain at the Alex R. Thomas Jr. Plaza to New Trends Builders, and approval of a budget amendment in the amount of $16,935 to increase expenditures in the 100.6001.800 account. Motion failed to carry by the following roll call vote: AYES: Councilmembers Smith and Libby. NOES: Councilmembers Larson, Baldwin, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. After a brief discussion, a small committee was formed, consisting of Mayor Ashiku, Councilmember Larson, and Community Services Director DeKnoblough, to review alternative designs and return their findings to Council for consideration. Council thanked Mr. Mason for his generosity on behalf of the City. NEW BUSINESS 8c. Discussion and Possible Direction to Staff Regarding Re.qulatin~ the Use of Leaf Blowers in the City Limits Councilmember Smith conferred with the City Attorney concerning a possible Conflict of Interest relating to the use of leaf blowers by his employer. 7:44 p.m.: Councilmember Smith recused himself from the meeting. Vice-Mayor Baldwin read a prepared statement advocating a ban on leaf blowers. It was his opinion that leaf blowers contribute to noise and is a dangerous pollutant. He noted that a community's quality of life is an important factor in site selection for businesses and where people choose to live. He discussed concerns of landscapers and economic fears of many individuals. He felt that gas powered leaf blowers are harmful to human health and create significant air and noise pollution. He noted that his proposed ban would only relate to gas leaf blowers. City Attorney Rapport advised Council concerning their local power. He referred to other constitutional limitations and legal standards related to the City's authority, as outlined in his memo to Council. He also explained the Rational Basis Test in which Council would need to make findings that the use of leaf blowers is harmful to the public health, safety, or welfare. DRAFT December 20, 2000 Page 5 of ].3 Discussion followed with regard~to air quality standards, and placing time and place restrictions for leaf blowers. It was noted that the City's maintenance workers use gas powered leaf blowers, but no formal complaints have been made. Albert Crawse, Ukiah, addressed noise issues related to the use of leaf blowers. He felt they are obnoxious to others and encouraged those individuals that earn a living by using leaf blowers to investigate other alternatives. He supported an ordinance banning leaf blowers. Richard Hansen, 347 W. Mill Street, voiced his opposition to a ban on leaf blowers. He advised that he has rock landscaping in a portion of his yard and cannot remove debris with a rake. He expressed concern that residents in the City limits would not be on a level playing field as those living outside the City. He also discussed increased costs that would be incurred by maintenance crews if they were not permitted to use leaf blowers. Jim Johnson, 591 Riverside Drive, advised that he is a landscape contractor and is opposed to a ban on leaf blowers. He felt their use saves time and that when used at a medium idle, are not harmful. Roy Smith, 304 North Spring Street, Executive Director of Ukiah Valley Association for Habilitation, and parent corporation of Mayacama Industries, discussed their use of leaf blowers and OSHA requirements with regard to hearing protection. He also discussed the development of technology at reducing the decibel level for leaf blowers. He opposed an ordinance banning their use. Penny Mathias, 700 East Gobbi Street, advised that she has been the manager of a 138- space mobile home park for 21 years. She discussed her use of leaf blowers to remove debris off of rocks and to clean the property. She opposed a ban on their use. Terry Melvin, 365 Washoe Drive, advised that he is the owner of three homes in Ukiah and maintains their yards with the use of a leaf blower on a seasonal basis. He discussed various noise concerns with regard to neighbors using of a router, sprayers in orchards, garbage trucks, helicopters' flight pattern to the hospital, car races at the Fairgrounds, rap music from cars, and the flight pattern of fire bombers. He supports time limitations for the use of leaf blowers. Tracy Simpkins, spoke in favor of a ban on leaf blowers, finding their noise annoying and irritating. He lives near the Golf Course and noted the use of leaf blowers by City employees to clean the parking lot. Martin Hoben, 8700 Uva Drive, Redwood Valley, representing the Russian River Cemetery District Board of Directors, discussed the use of leaf blowers to keep the 27 acres of cemetery well maintained. Bruce Foster, 323 Jones Street, was of the opinion that a ban on leaf blowers would not make a difference in the pollution of Ukiah. He recommended the replacement of diesel DRAFT December 20, 2000 Page 6 of !:3 buses and of City vehicles with electric vehicles. He drew attention to noise attributed to the use of other types of equipment and recommended Council concentrate its attention to more important issues in the community. Paul Andersen, 309 Jones Street, found it annoying that City personnel use leaf blowers around City H~ill and felt the City should take the initiative to restrict the use of leaf blowers by City personnel so as not to disturb nearby residents. It was his opinion that there should be a halt to the use of gas powered leaf blowers since they contribute to air pollution. Lori Leaf 1105 Clay Street, advised that she maintains five parcels and rakes everything on the ground, however, she uses a leaf blower to remove debris from a roof. She felt that, in certain situations, leaf blowers are needed and recommended they be restricted to use in early afternoons. Mike Cannon, 598 Park Blvd., felt leaf blowers are irritating and create noise. He discussed the City's use of leaf blowers to clear the Golf Course parking lots and has made several complaints about noise. He felt the City should take the lead in restricting the use of leaf blowers and they should not be used during the early morning hours. Dotie Copeland, 1240 North Pine Street, expressed her support to ban leaf blowers and felt fumes and noise emitted from their use are obnoxious. Richard Shoemaker, Ukiah, advised that he has been in the landscaping business in the Ukiah community for over 20 years. He explained that Councilmember Baldwin contacted many landscapers in the community alerting them to the issue. He does not like the noise generated by leaf blowers but needs to use them for his business. He provided Council with information from landscapers and from affluent communities that have placed a ban on leaf blowers. He proposed the City initiate a trading program whereby an owner of a leaf blower that generates over 70 decibels can trade it in for a lower decibel blower, which could reduce the noise in he community. He recommended the City could purchase vacuums to pick up the leaves instead of using leaf blowers. He also recommended creating an awareness or incentive program among those using leaf blowers that they not interfere with people's lifestyles. Councilmember Larson drew attention to operational guidelines regarding an educational program in the materials submitted by Mr. Shoemaker. He inquired as to the feasibility of local contractors developing voluntary use restrictions in the community. Mr. Shoemaker felt it would be possible to get a group of contractors to work with staff regarding voluntary use restrictions and training their crews on the use of leaf blowers. Herb Thompson, 1259 Despina Drive, advised that he has been a gardener in Ukiah for 27 years. He explained that he tries to mitigate the intrusion of leaf blowers on the public but finds it an economic necessity in this business, especially in clearing roofs. He is supportive of restrictions on the time in which leaf blowers can be used and also in setting DRAFT December 20, 2000 Page 7 of 13 strong guidelines for their use. Sue Seiver, advised that her and her husband have owned a landscaping business in Ukiah for two years. Without leaf blowers they would not be able to accomplish as much. There is a time restraint concerning noise already in place in the City. 9:00 p.m. - Recessed 9:10 p.m. - Reconvened Discussion followed concerning testimony received from the public on the matter. Councilmember Baldwin advised that he feels the noise generated by leaf blowers is the most obvious and obnoxious; however, he also expressed concern with air quality issues and the impacts on immediate neighbors. He recommended that members of the public should work with City staff to reduce the City's dependence on gas powered leaf blowers, such as limitations on their use on holidays and weekends, and after certain hours of the day. Councilmember Libby expressed concern with the City's use of leaf blowers and that the City should set an example. She proposed that the City not use leaf blowers until after 8:00 a.m. and inquired as to how this would affect the City, its parks, and the Golf Course. Councilmember Larson explained that he is in favor of voluntary compliance with agreed upon standards. He felt the Air Quality District would be able to help with issues relating to air pollution in the Ukiah Valley. He recommended the Community Services Department come up with a plan for the City to reduce the impacts on citizens with regard to noise, air pollution, and time constraints. He also recommended staff meet with landscaping contractors, and concerned citizens, to establish rules of conduct for leaf blower use. Councilmember Baldwin was supportive of staff drafting an ordinance to permit leaf blowing September 1 to February 1, from 9:00 a.m. to 5:00 p.m., Monday through Saturday, and from February 1 to September 1, from 9:00 a.m. to 5:00 p.m., Monday through Friday. Consensus of Council was not supportive of Councilmember Baldwin's proposal to have staff draft an ordinance placing time restrictions on the use of leaf blowers at this time. 9:28 p.m.: Councilmember Smith returned to the meeting. NEW BUSINESS 8a. Approval of Architectural Services Proposal with Richard Ruff for the Civic Center Addition Community Services Director DeKnoblough advised that at the October 18, 2000 meeting, Council reviewed preliminary design plans for the addition to the Civic Center Administration Wing and directed staff to proceed with the preparation of development plans and construction cost estimates. In order to accomplish this task, additional DRAFT December 20, 2000 Page 8 of ].3 architectural services will be required. The original architectural services contract for the conceptual work was awarded to Richard Ruff Inc., after a competitive proposal and interview process had been completed. The services included in the proposed proposal are in five phases, beginning with the design of construction detail plans through completion of the project's construction for a total cost of $39,100. The total value of the proposal is $63,600 or approximately 8.5% of the total project cost. The contract is based on the current design. He stated that the Planning Commission would review the design plans on December 28, 2000. City Manager Horsley advised that the Planning Commission was scheduled to meet last week to review the matter, however, the notice was not published by the newspaper. A Special Meeting has been called for the Planning Commission for those items on December 28, 2000. Discussion followed concerning the appropriateness of the City Council's review of the project prior to the Planning Commission's review. It was noted that should the Planning Commission make changes to the design of the building, it would not affect the contract with Mr. Ruff. MIS LarsonlSmith approving an architectural services contract with Richard Ruff for the Civic Center addition and authorizing the City Manager to execute a contract; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 8b. Introduction and Adoption of Urgency Ordinance Addinq Section 1873.E to Division 1, Chapter 11, Article 2 of the Ukiah City Code and Approval of Six Month Extension of Cable Franchise A,qreement with Adelphia Communications Corporation Community Services Director DeKnoblough reported that the County of Mendocino and Cities of Fort Bragg and Willits have initiated negotiations with Adelphia Communications Corporation for renewal of the cable franchise agreement with each jurisdiction. The City and its partners are currently requesting from Adelphia funds to hire a consultant to assist in negotiating the best possible franchise agreement. The current 15-year agreement expired as of December 6, 2000. In order to authorize the continuance of cable service by Adelphia during the period of negotiations, an extension of the franchise agreement is necessary. Staff is recommending adoption of an urgency ordinance authorizing the agreement of a six-month extension and approval of the extension agreement. Discussion followed concerning securing funds from Adelphia to obtain a consultant, how the consultant is selected, and the responsibilities of the consultant. Should Adelphia decline to pay for the consultant's fee, the negotiating Cities would then return to their jurisdiction for approval of funds to pay for a consultant. MIS Smith/Larson introducing Urgency Ordinance No. 1033 by Title only. DRAFT December 20, 2000 Page 9 of ]3 There was a brief discussion concerning previous negotiations. It was noted that actual negotiations with Adelphia for renewal of their cable contract have not begun and the public will have an opportunity to voice their concerns. Motion carried by a unanimous voice vote of Council. City Clerk Ulvila read the title of the Ordinance. MIS Larson/Smith adopting urgency Ordinance No. 1033, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. MIS SmithlLarson approving the Cable Television Franchise Extension Agreement with Adelphia Communications Corporation and authorizing the City Manager to execute the agreement, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 8d. Adoption of Resolution Authorizinq Application for an Economic Development Planninq Grant Concerninq Jobs and Housinr~ Assistant City Manager Fierro advised that the California Department of Housing and Community Development (HCD) has announced the availability of funding in the amount of $4.8 million under the Jobs-Housing Balance Improvement Program. The purpose of the grant is to attract businesses and new jobs to communities that lack a sufficient employment base in relation to the housing already being provided. Based upon analysis by Applied Development Economics, the City's grant consultant, the City has been found to qualify as a "housing rich community, which is a term used by the state. Discussion followed concerning the need for more housing and the development of more jobs in the community. MIS Smith/Larson adopting Resolution No. 2001-36, approving an application for funding and the execution of a Grant Agreement and any amendments thereto from the Jobs/Housing Balance Improvement Program, Economic Development Planning Allocation, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 8e. Appointment of City Council Members to Various Committee/Commission Assignments Mayor Ashiku presented his recommendations to Council for appointment to various committees. Councilmember Libby proposed that the matter be tabled for discussion until the next meeting to allow Council an opportunity to review Mayor Ashiku's recommendations. She thought that the Mayor was going to provide Council with his recommendations for review DRAFT December 20, 2000 Page 10 of ]3 prior to this meeting. Mayor Ashiku explained that he spoke to each Councilmember regarding their requests for selection to various committees. Most of the committees reflect the same Councilmember assignments as before. He received the last recommendation by a Councilmember last night, and then had the City Clerk prepare his list of recommendations today for the meeting. He felt his list of recommendations is not complex and can be reviewed quickly. A consensus of Councilmembers Baldwin, Smith, and Larson revealed they had no problem with the assignments as recommended by Mayor Ashiku, and that the matter need not be continued. Councilmember Libby objected to the way in which Council was proceeding with the review of the committee assignments. Mayor Ashiku reviewed the list of his recommended appointments to various committees. Councilmember Libby expressed an interest in maintaining her assignment to MCOG since she has served on the committee for the past two years and has tenure as a Councilmember. She questioned Mayor Ashiku's motives for assigning Councilmember Larson to MCOG instead of her. Mayor Ashiku explained that she was assigned to MCOG two years ago without any experience or qualification, and he was asked by Council to make the best possible choice for his recommendations for committee assignments. He noted that Councilmember Libby was not the only Councilmember requesting this assignment. Due to Councilmember Larson's extensive knowledge of the General Plan and the Ukiah-wide Area Plan, he felt it appropriate to appoint him to MCOG. Consensus of Council was to appoint Councilmember Larson to MCOG. City Manger Horsley stated she would contact the County regarding the status of the Courthouse Facilities Planning Committee and the Mendocino County Film Advisory Committee. Councilmember Libby voiced her objection to Mayor Ashiku's motives for making his recommendations for appointment to committees. She questioned if Mayor Ashiku is dispensing retribution towards her because she ran against him for Mayor in the last election. Mayor Ashiku stated that Councilmember Libby was out of order with her personal comments towards him. He continued to discuss his recommendations. 10:10 p.m.: Councilmember Libby left the meeting. Richard Shoemaker questioned the appropriateness of making an appointment to the DRAFT December 20, 2000 Page 11 of ]3 Recreation Center Group. He advised that it is an independent board with no designated seats and consists of private citizens. The Chairman of the Group is Dr. Marvin Trotter. Consensus of Council was to table the appointment to the Recreation Center Group until it can be determined if Council appointment to the Group is appropriate. City Manager Horsley advised that assignments to the Ukiah Redevelopment Agency committees would be agendized at the next Ukiah Redevelopment meeting. MIS Smith/Baldwin making Council appointments to various committee/commissions, as submitted to Council by Mayor Ashiku, excluding the Recreation Center Group; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. NEW BUSINESS 8f. Discussion and Possible Cancellation of January 3, 2001 City Council Meetinn City Manager Horsley advised that the agenda preparation week for the January 3, 2001 City Council meeting will be only three and one half days with many Staff members being on vacation. After polling each of the Directors relative to any critical items of business for their Departments, it was determined there were no pending business items for the January 3 meeting. Therefore, Staff is requesting Council's approval to cancel this meeting. Consensus of Council was to cancel the January 3, 2001 City Council meeting. 8g. Approval of Aqreement with Emmitt Jones for CPA Service~ Mayor Ashiku explained that this matter was pulled from the Consent Calendar at the request of Councilmember Libby. City Manager Horsley explained that the City received a letter from Solid Waste and they are requesting that this matter be considered immediately, since there will not be another meeting until the end of January 2001. MIS Smith/Ashiku approving agreement with Emmett Jones, CPA; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None 9. CITY COUNCIL REPORTS Councilmember Smith reported attending a meeting of the Planning Committee of the Work Force Investment Board and noted their interest in job development. He suggested that Assistant City Manager Fierro be contacted to provide a presentation about the Business Liaison Plan and funds available for loans. Mayor Ashiku reported that he attended the City Employees' Association Christmas Party. He discussed the NCPA Strategic Workshop to be held in Sacramento on January 24 and 25, 2001. He felt it is a highly educational workshop and he plans to attend. After a brief DRAFT December 20, 2000 Page 12 of ]3 discussion, Councilmembers Larson and Baldwin expressed interest in attending the workshop as well. 11. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley advised that the City's Web Page is ready for review by Council. She requested Council view the Web Page and advise her of any suggestions or changes they would like made to the site. She explained that interviews would be scheduled at the next Council meeting in January to interview applicants to the Planning Commission. City Clerk Ulvila advised that FPPC Form 700, Statement of Economic Interest, has been provided to each Councilmember to list their committee assignments and file with her office no later than January 20, 2001. The deadline for applications to the Planning Commission is December 28th at noon. A letter was received from the Mendocino County Employers Council regarding the Planning Commission appointment process and has been distributed to Council. Recessed: 10:27 p.m. Reconvened: 10:30 p.m. Adjourned to Closed Session: 10:30 p.m. 13. CLOSED SESSION a. G.C. _~54957.6 - Conference with Labor Neqotiator Employee Negotiations: All Units Labor Negotiator: Candace Horsley No action taken. Reconvened: 10:50 p.m. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:50 p.m. Marie Ulvila, City Clerk DRAFT December 20, 2000 Page 13 of :13 MINUTES OF THE UKIAH CITY COUNCIL Special Meeting Wednesday, January 17, 2001 The Ukiah City Council met at a Special Meeting on January 17, 2001, the notice for which had been legally noticed and posted, at 5:10 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present: Assistant City Manager Fierro, City Manager Horsley, City Attorney Rapport, Planning Director Stump, and City Clerk Ulvila. 2. PLANNING COMMISSION APLICANT INTERVIEWS Mayor Ashiku reviewed the City Council interview process for each Planning Commission candidate. MILES GORDON Miles Gordon explained that he is applying for appointment to the Planning Commission because he has lived most of his life in Ukiah and would like an opportunity to help sustain what Ukiah is now and see a positive direction in change for the future. He attended two Planning Commission meetings and felt the Commission is held to more rigorous standards than other commissions. He felt that in order to establish a common vision, the City must follow through with the General Plan. There is a need for the Planning Commission and City Council to look intensely at what can be done to ensure that Ukiah is a City that doesn't become a place where people don't want to visit because of congestion, or because the neighborhoods are so commonplace. His skills working with people would be very helpful in continuing the process of implementing the General Plan and working with various individuals. He discussed increased housing costs and how land use prices are generated by supply and demand. He felt the Planning Commission or the City should do something to stimulate and encourage affordable housing. He stated that considerations for annexing should be determined by what is the goal for annexation, if the City is able to provide the services and infrastructure to accommodate annexation, and if annexation will provide benefits to the City and those living in the annexed area. With regard to land use issues, he felt it important to determine if the issue would be beneficial to the City and contribute to the overall social benefit of the community. He found working with Planning Department staff to be helpful while working on a recent remodeling project for his home. He discussed the importance of looking at hillside development versus the development of agricultural lands. Issues relative to hillside development include the grading of hillsides, erosion control, transportation and circulation issues, fire control, and if development of the hillside would take away recreational lands needed by the City. JAMES MULHEREN James Mulheren advised that he has not attended any Planning Commission meetings. He felt Ukiah should be a community where individuals could raise a family and continue to December 6, 2000 Page 1 of 3 grow and prosper. He noted that due to the lack of jobs and housing during the past several years, children growing up in Ukiah have little chance to succeed here. He was of the opinion that it is essential for the Planning Commission and the City Council to promote affordable housing in the City. Their role is to find ways for alternative housing, multiple use structures, and revitalization of dilapidated structures for multiple uses. He stated that he supports annexation and that the City limits are too confined for its Sphere of Influence. He also found that there is room for some development of the western hills, however, due to the expense of construction in that area, housing would not be affordable. However, if people move from the valley floor to the hillside, it would then leave more housing available on the valley floor for those that can't afford to build on the hillside. He felt it would be inappropriate to use agricultural lands or pear orchards for housing developments. He has worked for 27 years in the construction trade and felt the biggest problem currently facing Ukiah is the shortage of available housing. He has not heard of any problems regarding the Planning or Building permitting process. He was queried about a housing project on Waugh Lane in which he expressed his concern for the incompatibility of housing with his business. He noted that his letter did not oppose the housing project, but rather put the residents on notice that his business is located in an industrial park and there is noise associated with businesses at that location. PAUL ANDERSEN Paul Andersen stated his view of planning involves making a lot of choices and assessing the unmet needs of the community as found within the guidelines of the General Plan. He has attended five to ten meetings and finds them very well run. The Planning Commission provides direction and tends to look at issues less politically. He felt the Planning Commission has made wise land use decisions during the past several years and that the City Council, for whatever reason, has disregarded those decisions by overruling the Planning Commission's decision, thereby approving projects. He cited an example as the Hampton Inn project in the Airport Industrial Park, which is being constructed next to a sawmill and the Airport, and could create noise factors for the Hampton Inn. He discussed appeals of Planning Commission decisions being approved by the City Council. He felt the City Council should do a better job of working with the Planning Commission in understanding why projects are denied. He also felt communication could be improved between staff, the Planning Commission and City Council by having joint meetings. Although he has lived in Ukiah for one year, he has been aware of the issues concerning Mendocino County for a long time. He stated that he intends to make Ukiah his home. He supports the formation of a commission to address concerns regarding the development of affordable housing in Ukiah and also within the County. He felt that during the past few years, development has been tilted towards retail and commercial development. With regard to a query regarding a high density multi-unit complex proposed for a vacant lot in an R-1 Zoning District, Mr. Andersen felt approval would depend on how the project is developed as well as the way in which mixed use development would be compatible with the surrounding neighborhood. He approved of second units in residential neighborhoods, however, the factor of lot size and parking issues should be considered. He advised that he would be supportive of rezoning of commercial properties to accommodate housing development. December 6, 2000 Page 2 of :3 BRENDA LEVADITIS Brenda Levaditis explained that she has attended several Planning Commission meetings since submitting her application and felt they are doing a good job. She felt annexing new lands should be a priority, and could include rezoning of commercial lands to accommodate, mixed use development. She discussed the possibility of developers obtaining government loans, such as HUD, for Iow-income housing. She opposed development of the western hills and felt they establish the beauty of Ukiah. She cited issues related to development of the hillsides such as flooding, landslides, fire protection, erosion, and maintaining the habitat and wildlife in the area. She would be supportive of rezoning commercial land to residential use if it did not interfere with the natural flow of the commercial area. If Ukiah needs land for housing, she would be supportive of annexing agricultural land for that purpose, since there is an abundance of agricultural land available. Having worked with her father in the construction business, she felt he did not have problems getting his residential plans approved. However, some people have had problems with their projects in the Planning Department and felt they need to be looked at more thoroughly to see if it is the proper change for Ukiah. She felt there is a need for properties to be available for multiple units. However, she did not approve of a 30-unit apartment complex adjacent to single family residences. A lower density project, such as a duplex or four-plex would be more compatible. In closing, she stated she has lived in Ukiah since 1972 and is prepared to attend all Planning Commission meetings. She is a team player and would like to serve on the Planning Commission. 3. ADJOURNMENT Mayor Ashiku adjourned the meeting at 6:10 p.m. Marie Ulvila, City Clerk December 6, 2000 Page 3 of 3 MEMORANDUM DATE: TO: FROM' SUBJECT: January 31,2001 Honorable Mayor Ashiku and Members of the City Council Karen Yoast, Deputy City Clerk Agenda Item 4c- Approval of Minutes for Regular Meeting of January 17, 2001 City Clerk Marie Ulvila was away from the office during the week of January 29, 2001, and was unable to submit the subject minutes in time to go out with the Council packet. She indicated she will make every al'tempi: l:o gel: l:he minul:es l:o you by Tuesday, February for your review prior l:o l:he meel:ing. 4:Sec:MCC.201 ITEM NO. DATE: February 7. 2001 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE OF SODIUM BISULFITE FROM BASIC CHEMICAL SOLUTIONS FOR THE SUM OF $390.00 PER DRY TON. Each year it is necessary to purchase approximately 25 tons of sodium bisulfite for use at the wastewater treatment plant. Sodium bisulfite is used to neutralize the chlorine in the treated effluent to meet the waste discharge requirements of our operating permit. Total quantities are an estimation of annual use. Orders are placed on as needed basis by wastewater treatment plant personnel. $122,000 is budgeted in Account Number 61 2.3580.520.000 for the purchase of chemicals. Requests for Quotations through the formal bid process were sent to 11 chemical suppliers. The only bid received was from Basic Chemical Solutions for the sum of $390.00 per dry ton. The total amount based on the estimated usage of 25 tons is $9,750. A Purchase Order has been issued to Basic Chemical Solutions for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. There are no local suppliers for this type of chemical. RECOMMENDED ACTION: Receive and file report regarding the purchase of sodium bisulfite from Basic Chemical Solutions for the sum of $390.00 per dry ton. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities ¢-~,~i,?_ · , '~,~' ~-->~ Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with- Candace Horsley, City Manager Attachments: None Candace Horsley, ~ty Manager AGENDA SUMMARY ITEM NO. 6b DATE: REPORT February 7, 2001 SUBJECT: REPORT OF THE ACQUISITION OF PROFESSIONAL SERVICES FROM EBA WASTECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $9,500 SUMMARY: In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing $5,000 or more but less than $10,000. Staff worked with EBA Wastechnologies (EBA) to develop a capacity model and fill sequencing plan for the solid waste disposal site during the winter months. Due to the nature of the final grading design for the disposal site, it was important for staff to have additional information on the plan to complete the fill at the site. In addition, in anticipation of winter rains, staff requested assistance from EBA to develop the winter fill sequencing plan. Otto Bertolero, Interim Director of Public Works, directed EBA to proceed on a time and materials basis to complete this work. The purchasing officer issued a purchase order to EBA for completion of this additional work in the amount not to exceed $9,500. RECOMMENDED ACTION' Receive and file report regarding the acquisition of professional services from EBA Wastechnologies in an amount not to exceed $9,500. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works/City Engi.n~ Rick Seanor, Deputy Director of Public Works ~¢~ Candace Horsley, City Manager Diana Steele, Director of Public Works/City Engineer 1. Fiscal Year 2000 / 2001 budget sheet Candace Horsley~Cit~Manager RJS: AgebaProfSvcs5 o o o o o o o o o o ooo00 o ,t-- 0 o 0 o-~ ~ ~>~ ~ o ~ 0  ~ ~ 0 ~ g ~ '20 o o o ~-- 0 0 o to ITEM NO. 6¢ DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING THE PURCHASE OF COPIER FOR THE UKIAH VALLEY CONFERENCE CENTER IN THE AMOUNT OF $6,426.75 Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of a replacement copier for the Ukiah Valley Conference Center from The Network Systems in the amount of $5,895. An additional $95 to increase memory to 32MB and sales tax brings the total cost of the machine to $6,426.75. Bids for this purchase were received at the same time bids were received for the Civic Center copier. At that time staff received bids from six providers. Even though the cost of the copier may result in an increase in expenditures for the current fiscal year, purchase was determined to be beneficial over the long term costs per copy from the equipment currently being utilized by the Conference Center. As The Network Systems submitted the low bid, a purchase order has been issued. RECOMMENDED ACTION: Receive Report regarding the purchase of copier from Network Systems in the amount of $6,426.75. ALTERNATIVE AGENCY POLICY ACTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Larry DeKnoblough, Community Services Director Candace Horsley, City Manager Bruce Jenney, Conference Center Manager Karen Yoast, Executive Assistant Bid Summary APPROVED: LD/ZIP COPIER.ASR Ca~c& ~orsle~ City Manager ~ g ~ ~o o~.~ ~ ~ o =,~ ~ ~ x ~ 0 x o ~ ~ ~ ~ ~ ~ o 0 o ~ ~ ~ o X ~ 0 ~ m .~ '~ ~ E o ~ ~ 0 0 .~ 0 o 0 ~ ~ 0 v ~ o o '-~ ~ ~ ~ ~ o = ~ o ~ o o ~ o ~ d - o ~ 0 z ~ ~ ~ 0 ~ ~m ~ ~ ~ z ~ z o ..... ~ 0 ~ ~ .~ ~ o ~ ~ o ~ ~ g ~ ~ o = ~ = -0% ~ ~ -- W~ ITEM NO. 8a DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: APPEAL OF PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE THE CIVIC CENTER EXPANSION PROJECT (SITE DEVELOPMENT PERMIT 00-51) SUMMARY: On January 10, 2000, the City Planning Commission conditionally approved the Site Development Permit for the Civic Center expansion project. The Commission, staff, and the project architect worked very hard to arrive upon a design that would compliment the existing building, and be compatible with the surrounding neighborhood. Staff is supportive of the Planning Commission's action, but decided to "appeal" the matter to provide the City Council with the opportunity to review the final design and make any modifications or changes it deems appropriate. THE APPROVED DESIGN: The Planning Commission considered a number of alternatives for different elements of the project. After considerable discussion, it modified the originally proposed Civic Center addition, "causeway", parking lot layout, and landscaping plan (see Attachments 2-4, 3-1, 3-2, 3-3, and 3-4). Addition: The focus of attention on the addition centered on the proposed tower over the Clay Street entrance. While the north elevation of the tower matched the north elevation of the existing tower over the entrance to the main building, the Planning Commission felt that the tower was too imposing for the addition entrance. Accordingly, the Planning Commission's action included eliminating the tower and adding an arched element consistent with the existing arch on the entrance to the main building (See attachment 2-4). (Continued on page 2) RECOMMENDED ACTION: 1) Conduct a public hearing; 2) review the approved design; and 3) deny the appeal, upholding the action taken by the Planning Commission. ALTERNATIVE COUNCIL POLICY OPTION: Approve the appeal and make modifications to the design. Requested by: Community Services Department staff Prepared by: Charley Stump, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: 1. . Planning Commission Staff Report with originally proposed plans, dated December 13, 2000 Planning Commission Memorandum with alternative sketches, date January 10, 2001 Approved modified elements of the Plan Planning Commission draft minutes, dated January 10, 2001 Ca~e ~o~s~'ey, City i~nager Causeway: The causeway is the narrow section that attaches the new addition to the existing building. The original proposal was to enclose this element to create a "hallway" between the buildings, with a series of windows and a flat roof. The Planning Commission discussed a number of alternatives, including an abundant use of glass on the walls, and using windows and a roof pitch to match the elements of the existing building. The Commission also evaluated a conceptual design prepared by Planning Commission Chairman Correll, which included making the causeway open with a pitched roof, and mission-style walls to create a courtyard setting between the buildings. After discussing the matter at length, the Commission accepted and approved Chairman Correll's design (see Attachments 3-1, 3-2, and 3-4). Parking Lot Layout: The Planning Commission expressed concern about the reduced landscaping buffer between Clay Street and the parking lot. While this buffer would be reduced from what it is today, it would still range from 15 to 25 feet. The Commission acted to reduce the size of a number of parking stalls by making them compact spaces, which created a landscaping buffer with a range of 18 to 25 feet. In addition, the Commissioners incorporated a defined pedestrian walkway, framed in part with rose bushes, from Clay Street to the entrance to the addition (see Attachment 3-4). One of the Planning Commissioners strongly suggested that the parking lot be significantly reduced in size or removed from the plan. This would require City staff and the public to park either in the far rear area near the fire training tower or in the front parking lot. The remaining Planning Commissioners disagreed with this idea, and did not vote to incorporate it into the approval of the project. Landscaping: The Planning Commission was generally pleased with the Landscaping Plan for the project, but expressed concern for the protection of the large Redwood tree and existing rose bushes along Clay Street. Accordingly, the approved Landscaping Plan includes the Redwood tree and the rose bushes, as well as other plantings consistent with the existing landscaping around the Civic Center (see Attachment 3-4). CONCLUSIONS: The City Planning Commission recently approved the Civic Center expansion project. In doing so, it made the required findings, and imposed a number of standard and special conditions. The special conditions relate to the architecture and site planning of the project, including modifications to the entranceway, "causeway", parking lot, and landscaping treatments. Staff is supportive of these modifications, but "appealed" the decision to provide the City Council with an opportunity to review the final project, and make any changes it deems appropriate. RECOMMENDATION: 1) Conduct a public hearing; 2) review the conditionally approved design; and 3) deny the appeal and uphold the action taken by the Planning Commission. ITEM NO. 5-A DATE: December 13, 2000 CITY OF UKIAH PLANNING REPORT DATE: December 8, 2000 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Major Site Development Permit No. 00-51 APPLICANT: City of Ukiah PROJECT SUMMARY: Approval of the Major Site Development Permit would allow the construction of a 5,500 square foot addition onto the northwest portion of the Ukiah Civic Center. This addition would house staff offices, Police Department evidence holding areas, and general storage facilities. The discretionary actions associated with this project are quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove or modify the projects. LOCATION: The project site is located at 300 Seminary Avenue (Assessor Parcel No. 002-255- 03 and 05), which is bounded by North Oak Street, Clay Street, and North Dora Street. The proposed addition would be constructed onto the northwest corner of the Civic Center, with access to parking off the Clay Street frontage for the site. DEPARTMENT RECOMMENDATION: The Planning Department recommends APPROVAL of Major Site Development Permit No. 00-51 on the grounds that the proposed building addition is consistent with the Commercial land use designation of the Ukiah General Plan, the use and development standards for the P-F (Public Facility) Zoning District, and the Mission-style architecture and building materials in use on the existing Civic Center building. ENVIRONMENTAL DETERMINATION: The City of Ukiah's Environmental Coordinator has determined this project is exempt from the requirements of the California Environmental Quality Act (CEQA), in accordance with Categorical Exemption Section 15301, Class 1(e)(2). GENERAL PLAN DESIGNATION: P (Public) ZONING: P-F (Public Facility) PROJECT DESCRIPTION: The proposed addition would be constructed on the grounds of the Ukiah Civic Center complex, which includes the Civic Center building, a four-story drill tower, and a small high school complex housed in three temporary buildings. The addition would be built onto the northwest corner of the Civic Center building, in the area now used for an employee parking lot and landscaping. This area is between one and two feet higher in grade than the existing building, and would require minor re-grading to accommodate the proposed building addition and pavement for 28 parking stalls that would be constructed on its north- and west- facing elevations. SDP #00-51: Civic Center Expansion The bulk of the proposed addition would be constructed 32 feet west of the existing Civic Center structure, but would be connected by a covered corridor that would provide weather-proof access. This corridor structure would be between 13.5 to 14.5 feet high to accommodate the higher grade of the proposed addition, with masonry walls and a fiat roof constructed with the same design and building materials as the primary building. These walls would contain large glass doors, barred window openings, and smaller glass-block windows. The proposed addition would be irregular-shaped, with wall outcroppings, inset doors, and a peaked tile roof providing architectural definition, along with a 23-foot high portico structure over the north entry. While these features would be unique to the addition, its appearance would be highly consistent with that of the Civic Center building due to the Mission-style wall panel on the northern building elevation. The addition would also use the same stucco wall materials and glass panel window treatments as those used on the Civic Center, with tile roof shingles that would be highly similar in color and design. The addition would be bounded on the north and west sides by landscaped parking areas with a total of 28 parking stalls, including one handicapped stall adjacent to the north entry door. The area on the south side of the building would be paved to provide access to the pull-up entry doors fronting evidence storage and supply storage areas that would be located on this side of the building. Access to the parking stalls would be over 4.5 to 9-foot wide sidewalks located between individual stalls and the building. No landscaping plan was submitted with project plans, but project site plans show that proposed parking areas would include landscape planter areas on its west and northwest boundaries. The Community Services Director has also informed Planning staff that these planter areas would be planted with trees and other vegetation that is consistent with the extensive landscaping found on the Civic Center grounds. Access to the proposed addition would be via a new driveway proposed for the Clay Street frontage. This driveway was not included on the original site plan for the project, but Planning staff has sketched in a conceptual design on the Civic Center site plan (see Attachment 4) based on information supplied by the Community Services Director. Essentially, this driveway would be constructed between the Clay Street frontage and the northeast corner of the proposed driveway, with the parking stalls on the north side of the lot extended to the west to retain the three parking stalls that would otherwise be lost to the driveway improvements. The existing driveway located along the Dora Street right-of-way, opposite its intersection with Holden Drive, would remain open to provide ingress and egress for use by Civic Center employees and the students and teachers at South Valley Continuation High School. STAFF ANALYSIS: The Planning Department's analysis is discussed below. General Plan Consistency: The proposed conversion of the building to residential uses is consistent with the goals and policies of the Ukiah General Plan Land Use Element, including applicable goals and policies for the P (Public) land use designation of the General Plan. Compliance with P-F Zone Development Standards: Planning staff has determined the proposed addition is an allowed use in the P-F (Public Facility) Zone, and that the building would be consistent with the applicable development standards for this district. These include building height limits, required site area and yard setbacks. SDP//00-51: Civic Center Expansion The parking layout for the proposed expansion would also be consistent with the parking ratio required for office development since the 28 stalls proposed would provide one stall for every 200 square feet, well in excess of the requirement of one stall for every 300 square feet. In addition, the office portion of the addition would be occupied by ten or fewer employees since the majority of the building's floor space would be occupied by evidence and supply storage, a computer room, and other Iow-intensity uses. Planning staff also noted that there are bicycle racks located at the front and rear entrances to the existing civic center building, including an employee rack ufider a porch roof cover near the proposed addition site. Project plans do not include any lighting standards in the parking lot, but the Community Services Director indicated that security lighting may be added to assist employees that work late with safe access to their vehicles. It has not yet been determined if such lighting would be Iow-level landscape lighting or mounted on light standards, but Community Services staff is amenable to a condition requiring approval of a Final Lighting Plan prior to the installation of any lighting on this area. Therefore, Planning staff recommends that Condition of Approval No. 18 be required to ensure the design and height of the light standards is consistent with those in use on the Civic Center grounds and that the bulb wattage area of coverage does not extend skyward or off the site. Consistency with Downtown Revitalization Master Plan & Desiqn Guide: The project site is subject to Downtown design guide standards for site planning, building materials, colors, roofs, facades, landscape design, and parking and lighting. A review of the project's consistency with applicable design criteria is included below. a. Site Features: The Civic Center is not officially listed as a historic or architecturally significant structure, but the original conversion of the building to this use was done in a manner designed to preserve and enhance its original Mission-style design. Therefore, Planning staff reviewed the addition's design carefully before making a determination that it is highly consistent with the original design of the main building. This determination is based on the fact that the design incorporates large wall faces, window treatments, and other features that are identical to those on the Civic Center building. Furthermore, the portico structure and other "new" design features on the addition closely match architectural features on the original building. Staff also notes that proposed addition would use stucco wall coverings and roof materials that are similar to those in use on the Civic Center building, and all colors would be selected to match precisely with those in use on the center. b. Parking: The proposed parking lot is also consistent with the parking requirements for both the P-F Zone and the parking guidelines for lots in the downtown area. In particular, proposed parking areas would be placed near proposed buildings and effectively screened and shaded by an adequate number of trees. c. Pedestrian Orientation: Pedestrian access between the proposed addition and the Clay Street frontage would available over a four-foot wide sidewalk that runs along the western side of the existing building. In addition, the individual parking stalls in the proposed parking areas would be accessible via 4.5 to 9-foot wide sidewalks on the north and west perimeters of the building. Based on this design, Planning staff has determined the proposed pedestrian access is consistent with pedestrian access guidelines. SDP #00-51: Civic Center Expansion d. Compatibility: The existing and proposed buildings on the project site and the parcel to the west would house Iow-intensity office and storage uses, including drive-in storage rooms. However, these uses are compatible with the existing functions and design of the existing center since it already incorporates a mix of administrative and public safety uses. It is also the opinion of staff that the proposed building design is highly compatible with the surrounding neighborhood due to the building's one-stow design and its design consistency with the original building, which predates the majority of the residential and commercial buildings it faces. Staff also notes that building would be set back at least 80 feet and its parking area would be set back over 10 feet from the nearest public street frontage, and both facilities would be heavily screened by landscaping. e. Coordination with Adiacent Properties: The proposed addition is highly consistent with the commercial and Iow to medium-density residential uses located to the north and west of the proposed addition, in fact, staff notes that the Mission-style design used on the addition is highly consistent with the design of the original building, which has been located in this neighborhood for many years. Furthermore, the proposed and existing buildings include many design features and building materials in use on a nearby residence and a commercial- residential building located to the west. f. Setbacks: The proposed addition is not officially subject to setback requirements since it is in the Downtown Master Plan area, but staff notes that the building would be consistent with the setbacks that would be applicable if it were not. These include a setback of 20 feet on the north side of the addition and a setback of 10 feet on the west since this elevation fronts properties located in the C-N (Neighborhood Commercial) Zoning District.- The nearest property line to any building wall is approximately 80 feet. g. Maintenance: Project plans do not include a landscape maintenance plan, but the regular maintenance of landscaping and facades recommended in the design guide will be done as part of the grounds maintenance activities of Community Services staff. Planning staff concurs with this maintenance plan due to the fact that the extensive landscaping on the Civic Center complex is regularly maintained. h. Building Materials: The proposed addition would use stucco wall coverings colored to match the walls on the existing building, as well as window and door treatments that are virtually identical to those on the Civic Center building. Staff also notes that, while the fire-resistant roof tiles will not be made from masonry materials, their appearance will precisely match the appearance of the masonry tiles on the existing building. i. Signs: No signs are proposed or required for the proposed addition since the public entrance to the Civic Center would not be changed from its existing location on the east elevation of the original building. j. Roofs: The peaked roof of the addition is consistent with design guidelines that discourage fiat roofs in the downtown area and with the roof treatments on the existing Civic Center building. The fiat roof on the proposed corridor does not match the roof of the new or existing buildings, but it is staffs opinion that it would not detract from the aesthetics of the Civic Center since it is a relatively small structure that is designed to connect two larger structures. Furthermore, the corridor walls would use the same colors and stucco siding materials as the proposed addition and existing building. SDP #00-51' Civic Center Expansion 4 k. Fa~;ade and Storefront Openings: Planning staff determined that the proposed building would not be used for commercial use or located near the public street frontage for the site and the specific design standards for faCade and storefronts would not apply in this case. I. Parking and Lighting: The parking areas proposed for the areas immediately adjacent to the addition are broken up into smaller groups of two to five stalls by landscape planters and pedestrian walkways. The ten to thirteen parking stalls proposed for the north side of the larger lot would not be separated, but it is staff's opinion that this parking is still consistent with downtown district guidelines for avoiding the massing of stalls due to the fact that it is effectively screened by a landscaped planter area. The proposed site layout is also compatible with requirements for pedestrian access to the useable areas of the property since the sidewalk on the west side of the Civic Center building would be integrated into the site design. Staff also notes that there would be highly effective pedestrian access between the proposed parking and the two building entrances it abuts. No exterior lighting is proposed at this time, but staff has included recommended Condition of Approval No. 18 to ensure that future lighting is consistent with the lighting on the rest of the Civic Center grounds, which is consistent with downtown lighting design standards. Airport Master Plan Consistency: According to the Ukiah Municipal Airport Master Plan, the subject property is located within Land Use Compatibility Zone D (Other Airport Environs). However, this designation is for those lands that are subject to negligible risk from aircraft flying over the site, and the addition is considered a "normally acceptable use" that is not subject to density or open lands requirements. Lands in the Zone D designation are also subject to nuisance factors caused by aircraft overflights, particularly noise. However, staff notes that such disturbances are not expected to be a major problem since the proposed addition would be operated as a controlled environment with no open doors or windows. CONCLUSIONS: Planning Department staff concludes the proposed project would be consistent with Ukiah General Plan goals and policies for the P (Public) land use classification and with all applicable use and development standards for the P-F (Public Facility) Zoning District. In fact, it is the opinion of staff that this highly attractive building addition is designed in a manner that is highly consistent with design standards of the Downtown Revitilization Master Plan and the existing Civic Center complex. FINDINGS: The Planning Department's recommendation for the approval of Major Site Development Permit #00-51 is based, in part, on the following findings: The development and occupation of the proposed building addition, as conditioned, would be consistent with the General Plan goals and policies for development of light commercial uses in the P (Public)land use classification; . The building addition would comply with applicable use and development standards for the P-F (Public Facility) Zoning District and the design criteria for the Downtown Revitalization Master Plan area; . The building addition would not create hazardous or inconvenient impacts to existing vehicular or pedestrian patterns since the building addition would be used by existing City staff and there would be no substantial increase in average daily traffic from the site and no decline in service levels for public streets or intersections; SDP #00-51' Civic Center Expansion ~ ~ ~ . The driveways and parking lot proposed for the occupants of the building addition would not create a hazardous or inconvenient condition to adjacent or surrounding uses since the City Engineer determined the proposed driveway and sidewalk accesses comply with City of Ukiah standards and would provide safe and efficient access for vehicles and pedestrians; o The landscaping plan for the proposed building addition would retain most of the existing landscaping on the project area and contains adequate areas for the planting of landscaping that is consistent with the landscaping standards for the P-F zone and the downtown revitalization district; o The proposed building addition would not restrict and cut out light or air on abutting parcels since it would be only one stow high and would be far enough from abutting properties to limit the casting of shadows onto adjacent lots; o The project site has no substantial natural features that would be damaged or destroyed by the construction of the building addition, and most existing trees would be retained as part of the site development; . The building addition would not have a detrimental effect on the character of nearby residential homes since it would be consistent with required setback for development abutting a residential property and the addition would be highly consistent with the existing Civic Center, which is recognized for its historic and architectural values; o The proposed addition would cause no signficant adverse environmental impacts, and is in fact exempt from the provisions of the California Environmental Quality Act, in accordance with Categorical Exemption Section 15301, Class 1(e)(2); and 10. The conditional development and operation of the proposed addition would not be detrimental to the public's health, safety and general welfare since the building would be consistent with applicable General Plan goals and policies for the Public land use designation and the use requirements, development standards, and design guidelines for the P-F (Public Facility) Zoning District and the Downtown Revitalization Master Plan. Furthermore, the design and building materials for the addition are highly compatible with those in use on the building to which it would be attached and with nearby residential and commercial buildings. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Major Site Development permit No. 00-51, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: All use, construction, or occupancy shall conform to the application approved by the Planning Commission, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Zoning Administrator. o In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. SDP #00-51: Civic Center Expansion / ~ ~ ~ , 5, . Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. Building Permits shall be issued within two years after the effective date of the Site Development Permit, or it shall be subject to the City's permit revocation process and procedures. In the event the Building Permit cannot be issued within the stipulated .period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. The approved Site Development Permit may be revoked through the City's revocation process if the approved project related to the Site Development Permit is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. 7. Except as otherwise specifically noted, the Site Development Permit shall be granted only for the specific purposes stated in the action approving the Site Development Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. 8. Damaged curb, gutter and sidewalk located along the Clay Street frontages shall be removed and replaced in accordance with street design and construction standards approved by the City Engineer. . 10. 11. 12. 13. 14. The driveway proposed for the Clay Street frontage shall be designed and constructed in accordance with street design and construction standards approved by the City Engineer. All improvements done for work within the public right-of-way shall be constructed in conformance with the approved improvement plans under an Encroachment Permit issued by the Public Works Department. The Encroachment Permit shall be submitted to the City Engineer for review and approval by the City Engineer prior to the issuance of a Building Permit for the project with a fee equal to three percent (3%) of the cost of the improvements. All improvements shall be done by a properly licensed Contractor with a current City of Ukiah Business License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000)and current Workman's Compensation Certificate. A Drainage and Grading Plan shall be reviewed and approved by the City Engineer/Director of Public Works prior to the issuance of a Building Permit for the building addition. This plan shall include verification that drainage will be carried off-site efficiently with no substantial impacts to off-site drainage facilities. Street trees shall be installed approximately 30 feet on center along the Dora Street frontage unless the City Engineer approves a lesser number of trees or alternative locations. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. SDP #00-51' Civic Center Expansion ~m 7 15. A Final Landscape Plan for the areas surrounding the building addition shall be developed by the Community Services Department staff and approved by the Planning Director prior to the issuance of a Building Permit for the structure. This plan shall include the following: a. The location, species, and common names for all trees and other vegetation used, including any street trees required by the City Engineer; b. A schedule of planting for all vegetation included in the plan; and c. The inclusion of shade trees for those portions of the proposed parking lot not shaded by the proposed addition. 16. All landscaping approved as part of the Final Landscape Plan shall be planted prior to the issuance of an Occupancy Permit for the addition unless the Planning Director approves an alternative planting schedule for plants based on seasonal planting requirements or other factors that would affect the survival of the vegetation. 17. All landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the Director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the site shall be replaced with similar vegetation approved by the Planning Director. 18. No exterior lighting shall be installed on the project site until the Planning Director approves a Lighting Plan that lists the style, location, wattage, and approximate area of coverage for all outdoor lighting. Lighting selected shall not project skyward or in a pattern broad enough to show off the subject property. 19. A Parking and Access Plan that includes the design of the proposed Clay Street driveway and at least three parking stalls and a bicycle rack for open to public use shall be approved by the Planning Director prior to the issuance of an Occupancy Permit for the proposed building addition. The parking stalls and the bike rack reserved for public use shall be located as close to the public entrance on the north side of the building as possible and shall include at least one handicapped parking stall. 20. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view consistent with the architecture of the building upon which it is located. 21. Outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not be visible outside the enclosures. 22. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Saturday unless additional hours of construction for special construction activities or projects are reviewed and approved by the Planning Director. 23. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. ATTACHMENTS: 1. Location Map 2. Civic Center Site Plan 3. Detailed Site Plan for Addition Area with Addition Floor Plan 4. Detailed Site Plan for Proposed Driveway 5. Elevations for Addition SDP #00-51: Civic Center Expansion . ____.___. ~ _ ORIGINALLY PROPOSED ~ PARKING LOT PLAN ........./ - ! iI ! I -- ORIGINALLY PROPOSED ,, ELEVATION DRAWINGS l I-'r'----I L'---JI I ~! a ii tx c-I..--_~I / MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Charley Stump, Director of Planning and Community Development January 10, 2001 Site Development Permit 00-51 / Ukiah Civic Center Addition At the direction of the Planning Commission, staff met with Commissioner Pruden to discuss detailed design options for the Civic Center wing addition. We walked around the existing building, noting various design features, and spent time in the area proposed for the addition. Commissioner Pruden prepared and submitted alternative conceptual design sketches of the parking lot layout and western elevations of the addition based on the input of the Planning Commission on December 28, 2000. These sketches are attached and include the following elements: Parking Lot Layout . A pedestrian walkway through the center of the parking lot from Clay Street to the entrance of the building. At the point where the walkway intersects with the paved parking lot, additional planters would be installed and planted with roses to frame the crosswalk entrance. The crosswalk would be slightly raised and/or painted to clearly define it as a pedestrian facility. This added design feature would eliminate only one parking stall. Trees have been added to the plan, and the existing Redwood tree would be retained and protected. Staff Position: Staff supports and recommends approval of this design approach. A colored Parking Lot/Landscaping Plan is attached to further illustrate this design. Clay Street Elevation , A redesign of the tower over the entrance to make it match the front entrance to the Civic Center on Seminary Avenue. . A redesign of the north wall of the "causeway" to be constructed entirely of 1920's style small panned glass windows. 3.. Adding a copper roof to the "causeway." 4. Removal of the few decorative diamond shaped tiles on the west elevation. Staff Position: Staff recommends that the "causeway" be designed to match the rest of the building. Changing the pattern of windows and type of roof will segregate the wing from the existing building, and draw attention to the "causeway." The windows should match the other windows along this side of the building, and a pitched tile roof should be added to be consistent with the roof of the existing building. The decorative diamond shaped tiles should be removed, and any small decorative features on the existing building should be carried over onto the "causeway" and wing addition. The originally proposed tower should be retained to match the north elevation of the tower over the main entrance on Seminary Avenue, because that is what you see from Clay Street, and it helps to balance the design of the overall structure. If the Commission wants the wing addition to be softer in appearance, then the tower should be eliminated and the arch proposed by Commissioner Pruden approved as part of the design. REVISED ARCHITECTURAL RENDERINGS: To provide the Commission with as much information as possible, the project architect has prepared a number of alternative renderings depicting the Clay Street elevation of the entire Civic Center to provide scale and context for the wing addition. The alternatives include: , The originally proposed project (the tower matches the north elevation of the front entrance tower). 2. The originally proposed project with a roof over the "causeway." . A modified entrance (arched) to match the front entrance of the Civic Center and a pitched roof over the "causeway" to match the existing roof. o A modified entrance (arched) to match the front entrance of the Civic Center with the originally proposed fiat roof over the "causeway." '- As indicted above, this Memorandum includes the following five additional small sketches: 1. Commissioner Pruden's parking lot design. 2. Commissioner Pruden's arched entrance design. 3. Commissioner Pruden's 1920's small window glass pane design for the "causeway." . Architect Ruff's design showing consistent window treatment with the rest of the building and a pitch roof over the "causeway." 5. A colored Parking Lot/Landscaping Plan. RECOMMENDATION: 1) Conduct a public hearing; and 2) Conditionally approve the design that matches the design of the existing building. ,.10'--0" ./ ..// · -/' o ALTERNATIVE PARKING LOT PLAN · ~ FROM COMMISSIONER PRUDEN · ~ ~~ ~.-:~ ALTERNATIVE ADDITION ENTRANCE (ARCH DESIGN) FROM COMMISSIONER PRUDEN __' ..... -:.L...- · · 1 ,~.£,...~ .... · . ~-'~'! ..... ~-' i · ' :'. .... . ~~,..~ .......... . .... - : - I-.-~'--~' ' .1 ........ T"~. ..... J'-~ i .~ ~, ill t" .... F'-'~'i '- · l .~-t ..... ~-..'--'-.,~ .... --- ...... i-,'!-5:!_ :~. 'i--i:..! "; ' ' i i -.l .... ~'-.- '~" i ............... !, "" ALTERNATIVE CAUSEWAY DESIGN FROM COMMISSIONER PRUDEN .j ALTERNATIVE "CAUSEWAY" DESIGN (MATCHING THE EXISTING BUlLDINGI FROM ARCHITECT RICHARD RUFF ', ,.i %,.., L...__~_ ..... .~ , "! . ; ' · .=. -. /. . · ~/~ Z.. it'- .. : -.~. ......... , ..,..:. :- ~.-N.-¢ ..:-i-"'-.-~? i : .'-- ...... ' ..... .- ~ ~, ?.~:---., ..... -... \ ~' ,..~,.p--'- 7.. i t ~ ;! ~ :- ....... .- .i ~ ,. I ~ 'tx .'. .... ___~..,..,~. ~'\,, =. ::i~ ..... ii_ ALTERNATIVE "CAUSEWAY" DESIGN (VIEW FROM CLAY STREET) FROM COMMISSION CHAIRMAN CORRELL ALTERNATIVE "CAUSEWAY" DESIGN (VIEW FROM PARKING LOT) FROM COMMISSION CHAIRMAN CORRI:::I I r .. (VIEW FROM ABOVE) FROM COMMISSION CHAIRMAN CORRELL mini mmm CIVIC CENTER ADDITION __' eI e~ 1, APPROVED LANDSCAPING PLAN Robert Sack stated at one t' e ' ' p ' g '~g s,~c~es, Dui noted slats would not be feasible, since they are essentially not very dura~and graffiti can easily be written on them. He requested the fencing materials be,¢nal and he~'~ ' ' ' intends to construct a wrought iron fence down Hastings Road. H~cCf~ted fencing would be appropriately screened with various landscaping features. ~?~'" ' Planning Director Stump proposed Condition of allowing for some landscaping treatments alo~ sufficient screening for the site rather slatting materials. No. 18 include an item (f) gs Road in order to provide the applicant utilize expensive PUBLIC HEARING CLOSED: 7:33 ON A MOTION by Commiss' r Pruden, seconded by Commissioner Chiles, it was carried by an all AYE v( vote to approve Negative Declaration for Major Site Development Permit No. -45 as submitted by Robert Sack with Findings Nos. 1-4, as outlined in the staff re and as discussed above. ON A MOTION Commissioner Pruden, seconded by Commissioner Puser, it was carried by AYE voice vote to approve Major Site Development Permit No. 00-45 as submittE Robert Sack with Findings Nos. 1-6 and Conditions of Approval Nos. 1- 22, with addition of item (f) to Condition of Approval No. 18, as outlined in the staff re d as discussed above. BB. Major Site Development Permit No. 00-51 as submitted by The City of Ukiah to allow the construction of a 5,500 square foot addition to the Ukiah Civic Center. Located at 300 Seminary Avenue (Assessor Parcel No. 002-255-05) zoned P-F (Public Facility) District. Planning Director Stump briefly elaborated on the proposed design options submitted to staff since the project continuance to include revised northern elevations, attachments to the memorandum demonstrating the revised parking strategy, a supplement depicting an archway feature for the entrance to the proposed addition, a proposed causeway design incorporating glass features and a causeway design demonstrating the window treatment consistent with the rest of the building. He provided the Commission with Chairman Correll's cost effective open causeway design incorporating a special roof, beam treatment, masonry wall, and wrought iron gate proposed for the northern elevation. This design also demonstrated the location of the gate treatment for the southeastern corner of the proposed addition providing for a private courtyard area between the addition and existing building. Staff recommended maintaining a consistent design treatment for the causeway in conjunction with the existing building. He noted Commissioner's Pruden's recommendations for the parking lot were illustrated in a drawing. Larry DeKnoblough stated staff reviewed the proposed options with the City Manager and he encouraged the Commission to consider all the options. Staff commended Chairman Correll on his causeway design. The City Manager was primarily concerned with security issues especially for those employees working during the evening. She was further concerned with visibility issues in terms of security concerns should too MINUTES OF THE PLANNING COMMISSION Page ~Januaw 10,2001 many windows be implemented. Mr. DeKnoblough noted the aforementioned option provides adequate security measures. PUBLIC HEARING OPENED: 7:41 p.m. PUBLIC HEARING CLOSED: 7:41 p.m. Planning Commission discussion: Commissioner Pruden met with staff and proposed recommendations relative to the causeway. She favored Chairman Correll's causeway proposal in terms of cost effectiveness, appearance, and satisfaction of security issues. She proposed implementing a patina copper colored 12-inch center lock seam metal roof on the causeway rather than tile. Chairman Correll stated attachment of the existing and proposed addition was difficult to achieve due to the difference in elevations. He briefly elaborated on the important elements incorporated into his causeway design. Commissioner Puser favored Chairman Correll's causeway design, Commissioner Pruden's proposed landscape and entranceway plan, and Architect Ruff's tower design encompassing the modified inside entranceway. She recommended implementing the archway design as demonstrated on the rendering into the entranceway tower design proposed by Commissioner Pruden. She emphasized the entranceway match the front entrance. Commissioner Pruden was not supportive of project tower implementation since this feature is too prevalent on California commercial buildings. There was a brief discussion on the ramifications and potential cost factors associated with incorporating a scaled-down arch portico version of the front tower in conjunction with preservation of the original building's historical architecture. It was noted the front towers on the original building should be preserved for presentation purposes in order to maintain identity. Commissioner Chiles favored the arch portico design for the proposed addition and Chairman Correll's causeway/courtyard design. Commissioner Pruden recommended decorative tile placement on the inside of the portico. Chairman Correll stated tower presentation should be preserved for the main public entrance and should not necessarily be incorporated on a secondary entrance unless the public would heavily utilize such an entrance. He noted construction of a simple arch portico may be a better approach and it would be less costly. Larry DeKnoblough stated the Utility and Finance Departments would be housed in the addition and the public will have access. Chairman Correll recommended matching the roof by implementing a tile roof for the connecting corridor. MINUTES OF THE PLANNING COMMISSION ~. ~I_..... January 10, 2001 Page 6 -I A brief discussion followed regarding the increase of certain project landscaping features. Commissioner Chiles inquired whether it was necessary for the causeway access to be located on the north side? Larry DeKnoblough stated the above-referenced access would benefit various employees. Incorporating two entrances may not be necessary. It was noted preservation as well as maintaining consistency with the existing historical building theme is essential. The proposed wrought iron fence and/or gate would present an open and secure appearance. There was discussion relative to access, security, and gate/sidewalk issues and/or concerns. Commissioner Pruden recommended the rose bushes and existing rose bushes continue from the proposed sidewalk. She noted access relative to the addition encompasses approximately an 18-foot buffer and parking lot No. 1 would only allow for a six-foot landscaping buffer. She inquired, regarding the allowance of seven compact parking spaces, whether the narrower buffer could be designated for compact parking accommodations in order to widen the buffer for this particular area? The site plans presently show full size parking accommodations and the narrower buffer area could be increased by three feet should parking in this area be designated as compact. Larry DeKnoblough replied the existing pine tree is located in the narrow buffer area. He stated reducing the parking accommodations to compact would not present a problem. He recommended no reduction in the number of parking spaces. Commissioner Chiles was not supportive of the number of parking spaces proposed for the project especially the thirteen parking spaces located near the landscaping buffer. He proposed the parking plan be reconfigured and that certain landscaping amenities be retained. Larry DeKnoblough replied presently the aforementioned area is highly impacted with City vehicles and employee parking. There is no designated handicap or public parking for this area. The proposed plan provides for one space allotted for handicap parking and approximately six spaces would be reserved for public parking. He elaborated on the existing rear parking lot accommodations and/or problems. A brief discussion followed regarding landscaping and parking issues proposed for the addition. Staff did not favor elimination of parking spaces from the plans. It was noted Traffic Engineering would review portions of the proposed parking plan. It was further noted the back area would significantly improve once the parking lot is appropriately paved, painted, and landscaped. Chairman Correll recommended the number of parking accommodations remain the same other than the proposed down sizing of certain spaces to compact. He further recommended the City vehicles park in a more remote area of the parking lot. He MINUTES OF THE PLANNING COMMISSION January 10, 2001 Page '7 favored incorporating aesthetically pleasing landscaping and increasing the size of the end buffer area. Planning Director Stump summarized the Planning Commission's project preferences to include the Correll design, providing an option for the choice of roof material for the causeway encompassing tile or metal, retention of the existing roses along Clay Street, planting of walkway roses, designating parking spaces one through eight as compact in order to widen the landscaping buffer, and implementation of an arch portico as opposed to a tower. He recommended incorporating the above-referenced project Commission recommendations into Condition of Approval No. 24. ON A MOTION by Commissioner Puser, seconded by Commissioner P. ruden, it was carried by the following roll call vote to approve Major Site Development Permit No. 00- 51 as submitted by City of Ukiah with Findings Nos. 1-10 and Conditions of Approval Nos. 1-23 with additional Condition of Approval No. 24 to include the Planning Commission's project recommendations, as outlined in the staff report and as discussed above. AYES: NOES: ABSENT: ABSTAIN: Commissioners Pruden, Puser and Chairman Correll Commissioner Chiles None None Mr. Stump advised there exists the possibility the project could be appealed to the City Council in terms of the design elements. The City Manager may desire for City Council to participate in the design modifications proposed by the Planning Commission, which is achieved through the appeal process. Staff emphasized the appeal should not be construed as an appeal per se, but rather an opportunity for the City Council to review the design modifications and associated cost factors. Staff commended the Planning Commissioners for their decision-making efforts and design recommendations relevant to the City annex. 8C. Major Use Permit No. 00-54 as a 1,550-foot residence to be Located at 590 North Dora (Low Density Residential and Brian Roberts to allow :ed to a bed and breakfast lodging facility. Parcel No. 001-112-08)in the R-1 Planning Director Stump advised in agreement with the Management Plan. applicants withdrew the project, as they were not .f Approval and proposed preparation of a Project PUBLIC HEARING p.m, PUBLIC HEARING 8:17 p.m. 9. NEW BUSINE,~ No discussion. 10. PLANN MINUTES OF Page 8 )IRECTOR REPORTS NG COMMISSION Januaw 10,2001 AGENDA SUMMARY ITEM NO. 9a DATE: February 7, 2001 REPORT SUBJECT: STATUS REPORT CONCERNING THE GOLDEN PROPERTY ABATEMENT AT 190 RUPE STREET (APN 003-140-01) AND CONCURRENCE WITH INITIATION OF ABATEMENT PROCESS SUMMARY: On October 18, 2000, staff provided the City Council with a Status Report concerning the nuisance abatement project on the Golden property at 190 Rupe Street. At that time, progress was being made, and staff was confident that the property owner would have the old Foster Freeze and C.E.D. buildings demolished before the end of the year. After encountering and resolving an asbestos issue, the Demolition Permit for the Foster Freeze building was ready for issuance on December 7, 2000. Since that time, the property owner has failed to pick up the Demolition Permit, and no progress has been made towards demolishing the buildings and abating the nuisances on the property. Staff spoke with the property owner on January 29, 2001. She indicated that she has not taken the old Foster Freeze building down because she wants to have the C.E.D. building inspected for asbestos, and ultimately demolish the two buildings at the same time to reduce costs. Staff again asked for a detailed plan and schedule concerning how and when the buildings will be demolished. At the time of Staff Report preparation, no plan/schedule had been submitted. (continued on page 2) RECOMMENDED ACTION: Receive Status Report and concur that it is time to begin the public abatement process of the nuisance located at 190 Rupe Street (APN 003-140-01) per City Council Resolution 2001-19. ALTERNATIVE COUNCIL POLICY OPTION: Receive Status Report and provide alternative direction to staff. Citizen Advised: Catherine Golden, property owner 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. Correspondence sent to property owner, dated October 25, 2000 2. Correspondence sent to property owner, dated November 20, 2000 3. Correspondence sent to property owner, dated December 5, 2000 4. Correspondence sent to property owner, dated January 12, 2001 5. Original Agenda Summary Report, dated July 5, 2000 ,6. Resolution 200~9,~ adopted on September 6, 2000 can-dace I¥orsley, City M~,nager 1 Accordingly, staff is prepared to initiate the public abatement process under the authority of City Council Resolution 2001-19 adopted on September 6, 2000. The purpose of this Status Report is to provide an update, and to seek the Council's concurrence to proceed with the public abatement process. The first step in the public abatement process involves the seeking of bids from contractors to perform the work. Once a contractor is selected, he/she will undertake the demolition of the buildings according to the submitted schedule. All costs incurred by the City for the abatement would be recovered by placing a special assessment on the parcel that would be collected at the same time and in the same manner as ordinary property taxes. RECOMMENDATION: Receive Status Report and concur that it is time to begin the public abatement process of the nuisance located at 190 Rupe Street (APN 003-140-01) per City Council Resolution 2001-19. · ADMIN. 707/4.6_3-6200 · PUBLIC SAFETY 463-6242/6274. · FAX # 707/463-6204 October 25, 2000 Ms. Catherine Golden 417 Oak Park Avenue Ukiah, CA 95482 RE: Nuisance Abatement- 190 Rupe Street, Ukiah Dear Ms. Golden: As you requested, this correspondence is intended to advise you of the status report presented to the City Council concerning the above referenced matter on October 18, 2000. I've also enclosed a copy of the written Staff Report submitted to the Council prior to the meeting last Wednesday night. After a verbal presentation by staff, the City Council simply acknowledged receipt of the report. No other action was taken, and no specific "new" direction was provided to staff. However, the Council remains very concerned about the situation, and clearly wants steady progress towards complete abatement of the identified nuisances on the property. As you know, the City Council adopted Resolution 2001-19 on September 6, 2000. This Resolution triggered a 30-day period in which the property owner(s) had to abate the nuisance. That 30-day period expired on October 6, 2000, and under the terms of the adopted Resolution, the City could initiate public abatement of the nuisance. However, it was reported to the Council on October 18, 2000 that progress was being made by the owners, because a Demolition Permit had been applied for to demolish the old Foster Freeze building, and that the property owners were making arrangements to properly secure the old C.H.P. building. It is our expectation that you are working diligently to comply with the asbestos inspection requirement for the Demolition Permit, and that you will seek formal issuance of the permit by the end of this week. It is our further expectation that the work to demolish the old Foster Freeze building will occur late this month or in early November, and that the old C.H.P. building will be properly secured to the satisfaction of the Building Inspector during this same time period. In addition, we are expecting a written statement and detailed schedule concerning the demolition plan for the old C.E.D. building. We formally requested this information in writing on both September 12, 2000, and October 2, 2000. Failure to immediately provide this information could jeopardize the sense that you are making progress on the '~(/e Are Here To Serve" overall abatement of the nuisance on this property. Please provide this information no later than Monday, October 30, 2000. As indicated previously, the City is committed to working with you to abate the nuisance on the property. However, failure to meet the expectations outlined in this correspondence, and to make substantial progress towards abating the nuisance, could compel the City to take the lead and initiate public abatement at your expense. If you have any questions, or would like to discuss this matter, please contact me directly at (707) 463-6219. ~ig and Commun~y Development. C: Maureen Gannon Riedy 273 Butterfield Road San Anselmo, CA 94960 Encl. 300 S,_~ii~Y~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 o PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · EMAIL: ukiahcty®jps.net November 20, 2000 Ms. Catherine Golden 417 Oak Park Avenue Ukiah, CA 95482 RE: 190 Rupe Street, Ukiah/APN 003-140-01 Dear Ms. Golden: Thank you for providing a recent verbal update today of your progress in arranging for the demolition of the Foster Freeze and C.E.D. buildings. We understand that the asbestos inspector discovered asbestos in the Foster Freeze building and that you are expecting bids from asbestos removal contractors this week. Once the asbestos is removed, you will be having a contractor demolish the structure. It is our fudher understanding that you suspect asbestos is present in the C.E.D. building, and you are arranging to have it inspected. Based on our conversation, I believe that you understand the importance of making rapid and steady progress towards demolishing these two buildings. It has been over two months since the City Council adopted the Resolution ordering the abatement of the nuisance. Even though you have verbally indicated that progress is being made, you have not submitted any evidence that this is the case. I strongly urge you to provide a written status report of your progress, and a statement indicating when you expect to follow through with the total abatement of the nuisance. As I indicated on the telephone, I may be providing a Status Report to the City Council in the near future, and I sincerely hope that I have your written statement and timeline to share with them. If you have any questio/~,_or would like to discuss this matter, please contact me directly at 463- 6219. · ~~ir~/,~tor ~~/l~n,ng and Co[~hunity Development C: Candace Horsley, City Manager David Rapport, City Attorney Maureen Gannon Riedy 273 Butterfield Road San Anselmo, CA 94960 '~,/e Are Here To Serve" 300 SEMINAR~ ..AVE., UKIAH, CA 95482-5400 · ADMIN. 707/4-63-6200 · PUBLIC ~'~.FETY 463-6242/6274 · FAX # 707/463-6204 · EMAII- ukiahc~.,~jps.net · December 5, 2000 Ms. Catherine Golden 417 Oak Park Avenue Ukiah, CA 95482 RE: 190 Rupe Street, Ukiah / APN 003-140-01 Dear Ms. Golden: Thank you for sending us a copy of the Asbestos Inspection Report for the old Foster Freeze building. We have reviewed the report and discussed its findings with the Mendocino County Air Quality Management District (MCAQMD). Based on information provided to me by the City Building Inspector, and with the concurrence of the MCAQMD, it is our determination that you will not need a certified asbestos removal contractor to remove the asbestos prior to demolition of the building. This is based on the minimal amount of asbestos found in the structure (less than 100 square feet), which is the threshold established by State law. Please be advised that the asbestos material must be kept wet during removal, placed in sealed containers, and disposed of in accordance with State law. Accordingly, it is our further determination that you may immediately proceed with the securing of the Demolition Permit and demolish the building. The Demolition Permit is ready for issuance, and we strongly encourage you or your contractor to come in and receive the permit and commence work to demolish the building. As I've indicated recently, both verbally and in written correspondence, a considerable amount of time has past since the City Council adopted the Resolution ordering the abatement of the nuisance, and immediate progress must be made. If you have any questions/or would like to discuss this matter, please contact me directly at 463-621//9./ ./ ///////'4; /. /' / ~a"~t m¢~. D~;~or ~...../.,~,r~g and ~om~/~/unity Development C: Candace Horsley, City Manager David Rapport, City Attorney Maureen Gannon Riedy 273 Butterfield Road San Anselmo, CA 94960 300 SEMINARY AVE., UKIAH, CA 95482.-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 46_~-6242/6274 · FAX # 707/463-6204- · EMAiL: ukiahcty®_jps.net · January 12,2001 Ms. Catherine Golden 417 Oak Park Avenue Ukiah, CA 95482 RE: Nuisance Abatement- 190 Rupe Street, Ukiah Dear Ms. Golden: Over the past several months, you have indicated that progress was being made towards demolishing the old Foster Freeze and C.E.D. buildings at 190 Rupe Street. We are pleased that the asbestos issue with the Foster Freeze building was resolved, and that you have verbally committed to resolving the same issue for the old C.E.D. building. However, as you know, the Demolition Permit for the Foster Freeze building has been ready for issuance since December 7, 2000, and no effort has been made to pick-up the Permit and demolish the structure. The building continues to represent a public nuisance and threat to the public health and safety. Accordingly, there needs to be immediate closure of this issue, and I am prepared to provide the City Council with a status report on this matter at their meeting scheduled for February 7, 2001. If the permit has not been issued and the structure demolished by this time, we will be recommending that the City Public Works Director begin the process for publicly abating the nuisance and arranging the demolition of the building. As you know, the City Council adopted Resolution 2001-19 on September 6, 2000. This Resolution triggered a 30-day period in which you had to abate the nuisance. That 30- day period expired on October 6, 2000, and under the terms of the adopted Resolution, the City could initiate public abatement of the nuisance. As indicated above, if the Foster Freeze building is not demolished by February 7, 2001, the City is prepared to initiate the public abatement of the nuisance. As indicated previously, the City is committed to working with you to abate the nuisance on the property. However, failure to meet the expectations outlined in this correspondence, and to make substantial progress towards abating the nuisance, could compel the City to take the lead and initiate public abatement at your expense. '~(/e Are Here To Serve" If you have any questions, or would like to discuss this matter, please contact me directly at (707) 463-6219. / ,,/¢',, Char~y Stump, Directg)Y ./~' Pla/fning and Commu~4ity Development. C: Maureen Gannon Riedy 273 Butterfield Road San Anselmo, CA 94960 ITEM NO. 9_ h MEETING DATE: July 5, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION DECLARING 190 RUPE STREET A PUBLIC NUISANCE AND CITY COUNCIL'S INTENT TO COMMENCE ABATEMENT PROCEEDINGS SUMMARY: The property known as Mendocino County Assessor's Parcel Number 003-140-01 and known by the street address of 190 Rupe Street (~'the Property") actually fronts both Rupe Street and South State Street. The parcel contains three buildings which have been determined by the City's Building Official to constitute a public nuisance as defined in Ukiah City Code Section 3300 and Health and Safety Code Section 17920. The three buildings are: the '~old" Foster's Freeze building fronting on South State Street, the '~old" California Highway Patrol building fronting on Rupe Street, and the ~'old" CED building fronting on State Street. The Property and all three buildings are owned by Catherine Golden. (Continued on page 2) RECOMMENDED ACTION: Adopt Resolution Declaring Nuisance And Intent To Commence Abatement Proceedings. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide additional opportunities to abate conditions prior to commencing formal abatement proceedings, or determine that conditions do not warrant abatement and provide direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Property Owner Carl Tuliback, Building Inspector David J. Rapport, City Attorney Planning Director, Charlie Stump, and City Manager, Candace Horsley no 1. 2. 3. 4. 5. Map of subject property Pictures of subject property March 27, 2000 letter to Catherine Golden May 1, 2000 letter to Catherine Golden Resolution for adoption Proposed notice Approved :k~~ Candace Horsle~ City Manager A: \GOLDEN. WPD June 27, 2000 1 The Building Inspector has conducted inspections of these structures and the surrounding property on numerous occasions. Pictures, attached hereto as Attachment 1, show the condition of the structures on February 24, 2000. On March 27, 2000, the Building Inspector sent by registered mail a letter setting forth the condition of each building and identifying the code violations and conditions constituting a public nuisance. A copy of the letter and the return receipt showing receipt by Catherine Golden are attached as Attachment 2. Since March 27, the Building Inspector made weekly inspections to determine whether there had been any change in the conditions or any compliance with the directions contained in the March 27 letter to abate the nuisance. There has been no compliance or response. On May 1, 2000, the Building Inspector wrote a follow-up letter in a final effort to gain voluntary compliance. A copy of the May 1 letter is attached as Attachment 3. There has been no response to the May 1 letter. Pursuant to Government Code Section 38773.5, the City has adopted Ukiah City Code Sections 3300-3310. These sections provide a procedure for abating a nuisance and making the cost of abatement a special assessment against the parcel where the nuisance exists. The resulting assessment may be collected at the same time and in the same manner as ordinary property taxes. Failure to pay the assessment is subject to the same penalties and the same procedure and sale that are used to collect delinquent property taxes. Under those Code Sections, the City Council starts the process by adopting a resolution which declares the existence of the nuisance and its intention to commence proceedings to abate the nuisance. A resolution is attached as Attachment 4 for this purpose. The resolution is recorded in the County Recorder's office. The Building Inspector posts a notice on the property and a notice is sent to the property owner. A copy of the proposed notice is attached as Attachment 5. The City Council must conduct a hearing not sooner than 30 days after the notice has been posted and served. At the hearing, the City Council must hear and consider all objections and protests and the testimony of the owner, witnesses or interested parties. After hearing all of the evidence and arguments, the City can adopt a resolution ordering the Public Works Director to repair or remove A: \GOLDEN. WPD June 27, 2000 2 the structures or other conditions creating the nuisance. The Public Works Director must wait 30 days before commencing work. The City Council can make this order, if it finds that good and sufficient cause does not exist why the buildings should not be removed or repaired. The resolution provides the necessary authority to enter upon private property for that purpose. A copy of the resolution must be served on the owner. Within the 30 days, the owner can remove or repair the buildings at his or her own expense. If the Public Works Director abates the nuisance, he provides the City Council with an itemized report showing the costs of abating the nuisance. The City can include its costs in preparing notices, specifications, contracts, service and mailing. Prior to submitting the report, the Public Works Director must post a copy of it on the property for five days and serve a copy on the owner. The City Council shall set a time for hearing the report. After conducting the hearing, the City Council adopts a resolution confirming or correcting the report. A copy of the resolution is delivered to the Assessor and Tax Collector. They are required to include this amount as a special assessment and collect it in the same manner as other property taxes. At the same time that the City pursues abatement under Ukiah City Code Sections 3300, the Building Inspector will pursue abatement under Health and Safety Code Section 17980 and 25 California Code of Regulations (~CCR") Section 52 et seq. Section 17980 authorizes the Building Inspector to institute proceedings to abate conditions in any building maintained in violation of the uniform codes or constituting a nuisance. The state procedure requires two notices. The first notice must be posted on each building and mailed by registered or certified mail, return receipt requested, to the owner and any beneficiary under a deed of trust recorded against the property. Ms. Golden must either elect to repair within 10 days or demolish within 45 days. If she elects to repair, she must submit a schedule for making the repairs which the Building Inspector must approve. She must also provide satisfactory evidence that she has the financial ability to complete the repairs according to the approved schedule. The Building Inspector may require her to post a bond to secure completion. If she does not elect to repair within 10 days or complete the repairs according to the schedule, A: \GOLDEN. WPD ~~ June 27, 2000 3 she must demolish the structures within the original 45 day period. Any lien holder may step in and comply with the notice, if Ms. Golden has failed to do so within 30 days of service of the notice. If neither repairs nor demolition have occurred within the 45 days, the Building Inspector will give the second notice of a hearing before the City Council. This will be the same hearing conducted by the City Council under the City Code. At that hearing the City Council can order the Public Works Department to demolish the structures. The costs become part of her tax bill. Upon service of the notices, the officer of the enforcement agency giving the notice must file an affidavit of service and the return receipts with the City Clerk. Utilizing both procedures simultaneously provides added legal authority for the tax lien, in the event the City is required to abate the conditions through its Public Works Department. A: \GOLDEN. WPD June 27, 2000 I I I I I I I I STATE ST. ). .. 1101 ttO5 ! t t t t 09 1119 RESOLUTION NO. 2001-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING A NUISANCE AT 190 RUPE STREET, ORDERING ABATEMENT OF SAME AND APPROVING FINDINGS IN SUPPORT THEREOF WHEREAS, 1. On September 6, 2000, the City Council conducted a public hearing under the provisions of Ukiah Municipal Code ("UMC") Section 3306 and under Health and Safety Code Section 17980 and 25 California Code of Regulations ("CCR") Section 62; and 2. The hearing was conducted to determine whether the buildings located at 190 Rupe Street and also known as Mendocino County Assessor's Parcel Number 03-140-01 ("the property") should be declared unsafe and a nuisance and the conditions abated by demolition, repair, or securement (former C.H.P. building); and 3. Forty-seven (47) days advance wdtten notice of the hearing was given to the owner of the property by personal service, the beneficiaries under deeds of trust to the property by certified mail, and by posting a notice on each building; and 4. The City Council received evidence and provided an opportunity for all interested parties to confront and cross-examine the evidence presented and to present evidence and argument; and 5. After considering the evidence and argument of the Code Enforcement Officer, Planning Director/Building Official, Property Owner, and all interested parties, the City Council makes the following findings and decision; NOW, THEREFORE BE IT RESOLVED as follows: 1. The City Council finds that: a. Catherine Golden ("owner") of 417 Oak Park Avenue, Ukiah owns the property (APN 003-140-01), which contains three detached buildings depicted on the attached Exhibit A. In March, 2000 and again in May, 2000, the Code Enforcement Officer and other responsible City staff members inspected the property and documented with photographs the condition of each structure on the property. Based on its review of the photographs, the testimony of the Code Enforcement Officer and other City staff members, as well as the testimony of the property owner, the City Council has determined that each of the buildings on the property constitutes a public nuisance in that: 1) The C.H.P. building on the southwest comer of the property is unsecured and is being used by apparent trespassers, and contains garbage and trash, with human feces and waste all over the intedor walls, floors, and inoperable plumbing; 2) the former Foster Freeze Building at the west property line is extremely dilapidated and unsecured with evidence of unauthorized use by humans, and contains unsanitary trash and debris. The building has exteriOr stucco that is significantly deteriorated, and a roof system that is failing; and 3) the former C.E.D. Building on the north property line is unsecured and contains evidence of unauthorized use by Resolution No. 2001-19 Page I of 2 humans. Portions of the souLn and east exterior walls are detedorateu, decayed, buckled, leaning, lack sufficient strength or stability and are likely to become dislodged or detached. b. Garbage, trash, cardboard, old bedding, broken furniture, glass, clothing, junk, and inoperable vehicles have been allowed to accumulate on the property; c. The conditions on the property violate provisions of the Uniform Code for Abatement of Dangerous Buildings, Uniform Building Code, the Ukiah City Code, and the State Health and Safety Code; d. The property owner has failed and refused to clean up the property and repair the buildings thereon, despite repeated efforts to gain voluntary abatement of the conditions creating the nuisance and compliance with the applicable codes and ordinances; 2. Based on the foregoing findings, the City Council hereby: a. Declares all of the structures located on the property to constitute a public nuisance and a violation of the above-referenced codes; b. Orders the Public Works Director to abate or contract for the abatement of the nuisance associated with the former Foster Freeze and C.E.D. Buildings by demolition of the buildings and removal of all the trash and debds from the property, if the owner has failed to abate said conditions by demolition or repair within thirty (30) days after this Resolution is posted on the property; and c. Orders the Public Works Director to abate or contract for the abatement of the nuisance associated with the former C.H.P. building by securing the structure to preclude unauthorized use by the public, and removal of all the trash and debris from the property, if the owner has failed to abate said conditions by demolition, repair, or securement within thirty (30) days after this Resolution is posted on the property; and d. Directs the Public Works Director to keep an account of the cost of abating the nuisance (including incidental expenses) and render an itemized report to the City Council in accordance with the procedures contained in UMC Sections 3308-3310 and 25 CCR Section 70. PASSED AND ADOPTED on September 6, 2000 by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin NOES: None ABSTAIN: None ABSENT: None ATTEST: City Of Uklah, California Certified To Be A True and Exact Copy Marie Ulvila, City Clerk Resolution No. 2001-19 Page 2 of 2 9b ITEM NO. MEETING DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND APPROVAL OF CAPITAL IMPROVEMENT PROJECT FUNDING The City Council, at the .lanuary 17, 2001 meeting, approved the mid-year budget amendments, but requested that the funding for capital improvement projects be brought back for further discussion. Specifically, staff was directed to return with a revised recommendation to include open space acquisition funds as part of the project reserve funding. Since a specific dollar amount for the open space reserve was not included in the motion, staff would like to provide two alternatives for the Council's consideration: . Reduce the capital improvement project funding in the following areas: a. Financial software: Reduce by $50,000; b. Community Services: Eliminate the $50,000 for playground equipment; c. Fire Department: Eliminate the $25,000 for equipment; d. Public Works: Reduce bridge replacements to $50,000. This would allow for $175,000 of previously itemized funds to be allocated to open space acquisition. . The original staff proposal for total capital improvement project funding was $1,040,000. This amount, along with the mid-year budget adjustments, left an eight percent General Fund Reserve. Another alternative that would still provide for a healthy General Fund Reserve, would be to take the reserve to six percent, which would further reduce the General Fund Reserve by $160,980, and reduce the Fire Department equipment line item by $25,000. This option would increase the total capital projects funding to $1,200,980 and set aside $185,980 for open space acquisition. Of these two alternatives, staff would recommend the second as a reasonable approach to providing funding for these much-needed capital projects and for open space acquisition. RECOMMENDED ACTION: Discuss and approve capital improvement project funding. ALTERNA'I'~VE COUNCIL POLICY OP'I'~ONS: Determine an option not outlined above is appropriate. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: 1. N/A City Council Candace Horsley, City Manager Gordon Elton, Director of Finance General Fund Summaries for both alternatives. Approved':. Candace Horsley,-Citl~Manager GENERAL FUND #100 Budgeted amounts: Beginning fund balance 7/1/2000 Revenue budgeted Expenses budgeted Transfers In/(Out), at net Loans to other funds Budgeted ending fund balance 6/30/2001 $ 2,027,650 $ 7,697,939 $ (7,508,189 $ (196,565) $ 2,020,835 Adjustments made durinq the fiscal year: Date Proposed 7/1/00 Change in beginning fund balance per audit 8/2/00 Abandoned vehicle towing expense 9/6/00 City Clerk recorder/duplicator equipment 12/6/00 Transfer for mbulance purchase 1/17/01 Mid-year budget adjustment 1/17/01 Reserve for improvement projects Account No. 100.2001.250.018 100.1101.690.000 100.283.698 various 100.283.xxx $ 255,810 $ (5,000) $ (887) $ (75,552) $ (511,283) $ (1,040,000) Revised Budgeted Ending Fund Balance 6130/2001 $ 643,923 Reserv01 1/12/01 Page 1 Funds 100; 110; 115; 130; 131 GENERAL FUND #100 Budgeted amounts: Beginning fund balance 7/1/2000 Revenue budgeted Expenses budgeted Transfers In/(Out), at net Loans to other funds Budgeted ending fund balance 6/30/2001 $ 2,027,650 $ 7,697,939 $ (7,508,189) $ (196,565) $ 2,020,835i Adjustments made durinq the fiscal year: Date Proposed 7/1/00 Change in beginning fund balance per audit 8/2/00 Abandoned vehicle towing expense 9/6/00 City Clerk recorder/duplicator equipment 12/6/00 Transfer for mbulance purchase 1/17/01 Mid-year budget adjustment 1/17/01 Reserve for improvement projects Account No. 100.2001.250.018 100.1101.690.000 100.283.698 various 100.283.xxx $ 255,810 $ (5,000) $ (887) $ (75,552) $ (511,283) $ (1,200,980) Revised Budgeted Ending Fund Balance 6/30/2001 $ 482,943 Reserv01 1/25/01 Page 1 Funds 100; 110; 115; 130; 131 Iq EPl0RAN DU t4 DATE: TO: FROM: SUB3ECT: January 12, 2001 Honorable Mayor Ashiku and City Councilmembers Candace Horsley, City Manager :Improvement Project Funding As discussed previously with the City Council, prudent planning requires the reservation of funds for upcoming improvement projects that are anticipated by the City within the next three to five years. These funds will be set-aside in anticipation of completion of these projects. If the projects are not completed or the Council revises its priorities, the funding can be used for other project purposes. The following is a list of projects submitted for Council approval, which I am taking from a more comprehensive list from the General Fund Departments. Grant funding $50,000 The City is pursuing grants for various special projects within the City and many of these require some level of matching funds. Staff is recommending a reserve so we will be assured of being able to meet our match requirements. 2. Financial Software $100,000 We have spoken to the City Council regarding the need to replace our existing financial General Ledger software as its design originated in the 1970s, and it is extremely inflexible for the needs of the City in the year 2001. Though the project was budgeted in fiscal year 1999/00 for $350,000, due to other priorities staff has not been able to proceed and, therefore, there are no current budgeted funds for this purchase. Staff is recommending we reserve a portion of the anticipated expense at this time as it will be a large hit on the General Fund when the software is actually purchased. 3. Community Services $245,000 a. Anton Stadium Repair ($75,000): Major reconstruction of the Anton Stadium grandstands is required immediately for public safety concerns and to assure the continued use of this facility. b! Playground Equipment ($50,000): Due to the recent changes in ADA and state requirements, we will need to upgrade and replace much of our playground equipment. c. Security System for the Civic Center ($40,000): When the Civic Center was first dl el 11 a. bi constructed, there was no need for a security system, but with the purchase of computer equipment, along with the two break-ins at our Parks facilities, it has made staff very aware of the possible vulnerability of the Civic Center with the current key- lock system. Staff is recommending monies be reserved for an appropriate security system. Office Walls ($50,000): As discussed and approved in concept by Council in the past, upon completion of the Civic Center addition, we will be relocating several staff members within the Civic Center. At that time we will be able to construct office walls and eliminate extreme noise in the Administrative wing, providing security and privacy for increased work production. The Public Safety wing already has individual, walled offices as do other City facilities. Observatory Park Buildings ($30,000): Staff is recommending the set-aside of funds to remodel the Observatory Park buildings for recreational activities and historical preservation. This is a continuing goal of the development plans for the Observatory property, which was granted to the City of Ukiah from the Federal Excess Property Program. Fire Department $75,000 North Fire Station Improvements ($50,000): The North Fire Station facility is at an age where re-roofing, siding replacement, and seal patching of the parking lot need to be accomplished in a very short timeframe. Equipment ($25,000)' A variety of Fire Department equipment including breathing apparatus, mechanic's pickup, and defibrillator replacement (which alone is $36,000), is required in the next three years. This is to start a fund for replacement of these items. 5. Public Works $570,000 There are a variety of projects that can no longer be maintained through our Gas Tax Funds or other sources. We anticipate these projects are either at a critical or mandatory level: Sidewalk Repair $100,000 ADA Ramps $200,000 Bridge Replacements Drainage Upgrades Talmage Road Bike and Pedestrian Path as well as Road Improvements Airport Park Boulevard $100,000 $ 50,000 $ 70,000 $ 50,000 Conclusion The total of these recommended set-aside funds are $1,040,000. That along with the $511,283 requested through the mid-year budget adjustment report would leave approximately $643,923 in the General Fund Account. This represents a healthy 8% General Fund Reserve. I have included for the Council's information, the list of projects submitted by the Public Works and Community Services Departments for your review in case there are other projects the Council would rather prioritize than those contained in the aforementioned list. CH:ky Atts 4\CAN:MCC293.101 ITEM NO. 9c DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE WITH FORD STREET PROGRAM FOR A PORTION OF THE NORTH FIRE STATION AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT As previously approved by the City Council, the Ford Street Program has operated a temporary winter home[ess shelter within the apparatus bays of the North Fire Station since December 1, 2000. Even though the home[ess shelter is a temporary occupancy of four months and witt terminate Aprit 1, 2001, a [ease agreement is required. The attached [ease provides for the fu[[ term of four months and would be retroactive to December 1st. Conditions of the lease include the payment of $500 per month rent as welt as any increases in utilities, which result from Ford Street's occupancy. The lease also requires Ford Street to provide liability and indemnification insurance to the City, which is standard in att [eases on City property. In addition to these standard conditions, Exhibit "A" of the agreement defines the area of the building which Ford Street's occupancy is specifically limited to. This exhibit is necessary due to the shared occupancy of the building with the American Red Cross, which occupies the front offices and training room. RECO~ENDED ACTION: Approve [ease with the Ford Street Program for a portion of the North Fire Station and authorize City Manager to execute agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine [ease requires revision and remand to staff with direction. 2. Determine approval of [ease is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Ford Street Program Ford Street Program Larry W. DeKnob[ough, Community Services Director Candace Hors[ey, City Manager 1. Proposed Lease. APPROVED: LD/ZIP FORDST. ASR Candace Hors[ey, Cit~Manager LEASE AGREEMENT This Lease, made this 1 st day of December, 2000, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the Ukiah Ford Street Project, a non-profit corporation organized and existing under and in compliance with the laws of the State of California, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code Sections 37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as the "North Fire Station", located at 1800 North State Street, more specifically described on the attached "Exhibit A", hereinafter referred to as "the premises", or "the leased premises". 2. TERM. The term of this Lease is for a period of four (4) months commencing on the date set forth above and subject to the terms set forth in Paragraph 7 of this agreement. -1- 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of five-hundred dollars ($500) per month for the use of the premises. 3.1 Lessee specifically represents that it does not intend to make a profit on the use of the leased premises 3.2. Lessee shall maintain regular books of account which it shall make available to Lessor upon demand for inspection or audit. 4. USE AND IMPROVEMENTS. 4.1. Lessee shall use the leased premises exclusively for the purpose of a Homeless shelter under the Lessee's sponsorship and supervision and agrees to share use of the premises in accordance with the distribution of space as indicated in Exhibit "A". 4.2. Lessee agrees to keep the premises and all improvements related to Lessee's use in good repair and order. 4.3. Lessee shall acquire the necessary and required permits from the appropriate regulating body for any development proposed under this lease. 4.4. Lessee shall not make any physical changes to the leased premises without prior written consent of Lessor's City Manager. In the event any such changes are approved Lessee is responsible for the relocation, alteration, removal, construction, reconstruction, involved in making such changes, of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.5. 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 -2- full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California. 4.6. Lessee shall pay all utilities costs which exceed the average monthly billing within the same months in both 1998 and 1999 as well as any possessory interest tax which may result due to Lessee's occupancy of the property. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereat~er and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee°s sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto P6sks), attached hereto and incorporated herein by reference. 7. TEI~MINATION. 7.1. This Lease or any renewal thereof, may be canceled for any reason by either party on sixty (60) days written notice to the other party. -3- 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. 8. ATTORNEY'S FEES. In any action to enforce the terms of this lease the prevailing party shall be entitled to recover its reasonable costs and attorney's fees from the other party. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. 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. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: TO CITY: Ukiah Ford Street Program City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. 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. -4- 13. PREVIOUS AGREEMENTS. Any and all existing statement 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. 14. 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: It's LD/AGR FORDST.AGR -5- , Ill i.ttl 19 10 2U 41 2O Z~ C II A P T E R F I V E Exhibit ~1~ INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such .insurance shall be borne by the Lessee. · Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability. coverage ("occurrence' form GG 0001). 2. ' Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property insurance against all risks of loss to any tenant improvements or betterments. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for' bodily inj'ury, personal injury and property damage. If Colnmercial General Liability Insurance or other 'form with' a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. 27 G H A P T E R F I V E ,, 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. _Acceptability of Insurers insurance is to be placed with insurers with a current A.M. Best's rating of no · less than A:VII. Verification of Coverage_ Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Gity or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The Gity reserves the right to require complete, certified copies of 'all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Insure, rice l~'~luire,,,ent~ in Contracts 213 ITEM NO. DATE: 10a February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: WAIVER OF DUE ON REFINANCING CLAUSE IN THE DEFERRED PAYMENT LOAN CONTRACT WITH ALICE ARNOLD LANE BACKGROUND: In 1986 the City of Ukiah, in coordination with the Community Development Commission of Mendocino County, undertook a program for housing rehabilitation within a specified target area of the City. Under this program, eligible property owners could receive assistance with rehabilitation of their property. The intent of the program was to assist lower income individuals with improving their homes to maintain their property values and provide a higher quality of life without forcing the property owner to incur payments beyond their means to pay. Dewayne and Alice Arnold entered into a deferred payment loan contract on May 8, 1986 in the amount of thirteen thousand seven hundred forty- five dollars ($13,745.00). The obligation under this contract is scheduled to expire after fifteen years (May 8, 2001). The note is due and payable when one or more of the following events occur: 1) Transfer of title to a person or persons other than a member of the immediate family (spouse, children, parents and grandparents); 2) First or any senior mortgage or Deed of Trust is refinanced; 3) Owner-occupied property becomes rental property. Mr. & Mrs. Arnold divorced and Mr. Arnold transferred his interests in the property to Mrs. Arnold who is now responsible for the note. Mrs. Arnold has since re-married and changed her name to Lane. (Continuedonpage2) RECOMMENDED ACTION: Approve a one time waiver of the due on refinancing clause in the Deferred Payment Loan Contract with Alice Arnold Lane. ALTERNATE COUNCIL POLICY OPTIONS: 1. Not approve the waiver and require compliance with the contract conditions as written. 2. Approve the request to cancel the Deferred Payment Loan Contract immediately. Requested by: Prepared by: Coordinated with: Citizens advised: Attachments: Alice Arnold Lane Gordon Elton, Finance Director Candace Horsley, City Manager Yes 1. Ms. Lane's letter requesting waiver 2. August 19, 1998 Agenda Summary Report 3. Deferred Payment Contract with Alice Arnold APPROVED: Candac~ 'jor~le~ City Manager GE: Arnold2. doc Page 1 In August 1998, Mrs. Lane received approval from the City Council, to refinance her first mortgage without paying the deferred loan as called for in the original contract. Mrs. Lane was attempting to re-finance her first mortgage to avoid foreclosure by the first mortgage holder and to restructure some of her other debt which would allow her to meet other financial obligations and keep her house. Proposal: Mrs. Lane is attempting to re-finance her first mortgage again and requests that the City waive the contract condition that would require repayment to the City. She states that her intent is to reduce her interest rate and withdraw additional cash for use in paying other bills. Furthermore, Mrs. Lane requests that the 'lDeferred Payment Loan Contract'~ be cancelled immediately rather than waiting until May 8, 2001. Conclusion: Staff believes that the City has a right, under the I'Deferred Payment Loan Contract", to require payment in full at the time the first mortgage is refinanced. However, the intent of the program was to assist lower income residents to live a better quality of life for an extended period of time. Mrs. Arnold intends to continue to live in this house for the remainder of the original fifteen-year period (ending May 8, 2001). Therefore, the original intent of the loan program can still be met by allowing Mrs. Arnold to refinance her existing mortgage without calling due the City's ~Deferred Payment Loan Contract". This still maintains the conditions for the remainder of the original contract term of 15 years. Staff anticipates that the 'lDeferred Payment Loan Contract", terms will be fulfilled and no payment will be made to the City. Recommendation: Waive the requirement that the Deferred Payment Loan Contract is due and payable for this refinancing in 2001, while maintaining the original conditions for all other actions that have or may occur relative to the existing contract. GE: Arnold2. doc Page 2 Paul and Alice Lane 1827 Elm St. Ukiah, CA 95482 (707) 463-8373 Gordon Elton Director, Finance Department 501 Low Gap Road Ukiah, CA 95482 RE: DEFERRED PAYMENT LOAN CONTRACT January 24, 2001 Dear Council Members: We have a deferred loan contract with the City of Ukiah in the amount of $13,745.00, which expires May 7, 2001. On that date, the loan expires. We would like to take advantage of the current Iow interest rates to refinance our mortgage and pay off some credit card debt. The new mortgage company needs to be first lien holder and we request you to continue being second lien holder or make the loan a grant four months eady., removing the lien completely. We occupy and plan to continue to occupy the house as our primary residence beyond the May 7th, 2001 loan expiration date. Please let us know as soon as possible. PROPERTY DESCRIPTION: Your escrow number: Parcel number: Address: 181-892 001-386-04 1827 Elm St. Ukiah, CA 95482 Sincerely, Paul Lane See attached Alice Lane ITEM NO. DATE: 10c August 19, 19'98 AGENDA SUMMARY REPORT SUBJECT: WAIVER OF DUE ON REFINANCING CLAUSE IN THE DEFERRED PAYMENT LOAN CONTRACT WITH ALICE ARNOLD BACKGROUND: In 1986 the City of Ukiah, in coordination with the Community Development Commission of Mendocino County, undertook a program for housing rehabilitation within a specified target area of the City. Under this program, eligible property owners could receive assistance with rehabilitation of their property. The intent of the program was to assist lower income individuals with improving their homes to maintain their property values and provide a higher quality of life without forcing the property owner to incur payments beyond their means to pay. Dewayne and Alice Arnold entered into a deferred payment loan contract on May 8, 1986 in the amount of thirteen thousand seven hundred forty-five dollars ($13,745.00). The obligation under this contract is scheduled to expire after fifteen years (May 8, 2001). The note is due and payable when one or more of the following events occur: 1) Transfer of title to a person or persons other than a member of the immediate family (spouse, children, parents and grandparent§); 2) First or any senior mortgage or Deed of Trust is refinanced; 3) Owner-occupied property becomes rental property. Proposal: Mrs. Arnold is attempting to re-finance her first mortgage and requests that the City waive the contract condition that would require repayment to the City. Mr. & Mrs. Arnold divorced and Mr. Arnold transferred his interests in the property to Mrs. Arnold. (Continued on page 2) RECOMMENDED ACTION: Approve a one time waiver of the due on refinancing clause in the Deferred Payment Loan Contract with Alice Arnold. ALTERNATE COUNCIL POLICY OPTIONS: 1. Not approve the waiver and require compliance with the contract conditions as written. Requested by: Prepared by: Coordinated with: Citizens advised: Attachments: Alice Arnold ~J Gordon Elton, Finance Director r~ Candace Horsley, City Manager Yes Deferred Payment Contract with Alice Arnold APPROVED: GE:ARNOLD.AGN Can~ce H0rsle~, ~lty Manager Mrs. Arnold is now responsible for the note. She states that her intent is to avoid foreclosure by the first mortgage holder and to restructure some of her other debt which will allow her to meet financial obligations and keep her house. Conclusion: Staff believes that the City has a right, under the "Deferred Payment Loan Contract", to require payment in full at the time the first mortgage is refinanced. If the first mortgage is foreclosed on, the City may not receive any repayment. However, the intent of the program was to assist lower income residents to live a better quality of life for an extended period of time. Mrs. Arnold expects to continue to live in this house for the remainder of the original fifteen year period. Therefore, the original inten't of the loan program can still be met by allowing Mrs. Arnold to refinance her existing mortgage without calling due the City's Deferred Payment Loan Contract. This still maintains the conditions for the remainder of the original contract term of 15 years. Recommendation: Waive the requirement that the Deferred Payment Loan Contract is due and payable for this refinancing in 1998, while maintaining the original conditions for all other actions which have or may occur relative to the existing contract. GE:ARNOLD.AGN Page 2 Recorded at the request oF: City of Ukiah WHEN RECORDED MAIL TO: Community Development Commission of Mendocino County 405 W. Perkins Street Ukiah, CA 95482 PUBLIC AGENCY BUSINESS: FREE This document is presented for recording pursuant to Govt. Code Sec. 6]03 Space Above This Line For Recorders Use CITY OF UKIAH DEFERRED PAYMENT LOAN CONTRACT THIS AGREEMENT made and entered into as of the 8 day of May lg86 , by and between the CITY of UKIAH, a general law municipal corporation in the County of Mendocino, State of California, hereinafter referred to as "CITY", and l~,~.~m~ A~nnl H mnrl ,,Al iee Arnold owner(s) of record of subject property, hereinafter referred to as "OWNER", WITNESSETH: WHEREAS, CITY has undertaken a program For housing rehabilitation with- in a specified target area in the City of Uktah, For the benefit of lower- income persons; and WHEREAS, OWNER is the owner of certain real property situated, lying and being in the City of Ukiah, County of Mendocino, State of California, in such specified target area, and more particularly described as Follows: Lot 20, as numbered and designated upon the map entitled "Subdivision No. 1, Empire Gardens" filed December 19, 1952 in Map Case 1, Drawer 9, page 121, Mendocino County Records. WHEREAS, OWNER has applied for assistance under such program for the benefit of subject propertyi and WHEREAS, CITY intends hereby to loan funds to OWNER pursuant to said program; and WHEREAS, OWNER resides at subject property; NOW THEREFORE, it is mutually understood and agreed as follows: 1. LOAN: CITY agrees to loan OWNER the sum of ($13,74S.00 ) for the purpose of the rehabilitation of subjyct property. The loan shall not carry any interest. Said loan shall be in accordance with the terms of that certain Promissory Note attached hereto as "Exhibit A" and incorporated herein by this reference. Said Note shall be secured by a Deed of Trust through First American Title Title Company incorporating as required the provisions of said Note, all as set forth in that Form of Deed of Trust attached hereto as "Exhibit B" and incorporated herein by this reference. Loans secured by a Promissory Note and Deed of Trust shall become due and payable when one or more of the Following occurs: (I) Transfer of title to a person or persons other than a member of the immediate Family (spouse, children, parents and grandparents); (2) First or any senior mortgage or Deed of Trust is refinanced; (3) Owner - occupied property becomes rental property. The obligation under this contract shall expire after a period of fifteen (15) years from the execution of this contract. Transfer of title shall be deemed to include change of title by sale, gift, probate, termination of joint tenancy, and/or life estate. Page 2 of 5 2. ACCEPTANCE OF LOAN: OWNER accepts this loan and hereby appoints Community Development Commission as OWNER'S representative during con- struction in accordance with "Contract Document", consisting of. Instructions to Bidders, this Agreement, Contract between OWNER and CONTRACTOR, and the General Conditions of the Contract, as well as all addenda and modifications issued pursuant thereto, all as attached hereto as "Exhibit C" and incorpo- rateO herein by this reference. CITY and its agents shall have the power to act on behalf of OWNER and all of OWNER'S Instructions to the contractor shall be issued through CITY and its agents. CITY and its agents will have the powers of general construction supervisor and will determine whether the work is proceeding in accordance with such Contract Document. 3. ENFORCEMENT: This Agreement may be enforced by specific perfor- mance and/or injunctive relief, and it is agreed hereby that remedies at law are inadequate to compensate For violations of this Agreement. 4. WARRANTY: OWNER warrants to CITY that OWNER has Fee sin~ole title to. subject property and that no consent, approval, or authorization of any third party is required in order to legally encumber subject property as pro- vided herein. 5. ASSIGNMENT: This Agreement shall not be assigned in whole or In part without the express written consent of CITY being First obtained. 6. CONSTRUCTION TRUST FUND: All Funds received pursuant to this Agree- ment shall be placed by CITY into a Construction Escrow Account maintained by CITY For purpose of disbursement to contractors pursuant to the construc- tion documents. Ail Funds shall be disbursed pursuant to the joint signa- ture of CITY and OWNER or by CITY in accordance with OWNER'S written authori- zation. Any Funds remaining in said Construction Trust Fund after payment in full of contract shall be deducted From said principal loan amount and re~ turned to CITY. 7. INDEMNIFICATION: OWNER will Indemnify, save harmless, and defend CITY From all liability From loss, damage, or injury to persons or property in any manner arising out of or incident to the performance of this Agree- ment, including without limitation all consequential damages, whether or not resulting From the negligence of CITY or Its agents. Page 3 oF 5 8. NOTICES: Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may. be eFFected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed co~nunicated as of mailing. Mailing notices shall be addressed as set Forth below but each par- ty may change its address by written notice in accordance with this paragraph. Community Development Com~ission 405 W. Perkins Street Ukiah, CA 95482 Property Owner(s): Dewayne Arnold and Alice Arnold 9. ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's Fees and costs. 10. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties, provided, however, that the Agreement may be amended or supplemented From time to time upon mutual agreement of the parties hereto in writing. Il. BINDING EFFECT: Subject to provision number 6 regarding Assignment, this Agreement shall bind and insure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 12. SEVERABILITY: No partial invalidity of this Agreement shall affect the remainder. 13. iNSURANCE COVERAGE: OWNER shall provide proof of insurance in not less than the amount of the Rehabilitation Loan, designating CITY as bene- Ficiary and shall maintain such policy and designation in Full Force and effect during the life of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment the day and year first written above. OWNER ~_ ~ ~-~ County of Mendocino State of California On ~ /~, 7~>6~ , before me the undersigned, a NotAry Pub,1 i c for the State o¢ C~lif~rnia, personally appeared_ /~RZ ~//~ ~*/~ ,proved to ~ on the basis of personal ~nowledg~ to be (~e person(s) whose name(s~hln. instrument, and acknowledged that they executed ' -- [ ~FF State of California Onto ~ /Z¢~:~ , be fore me the u~.d~ersi~t~ Notary Public for the 5tare of ~n'ia,' personal ly appeared _~m//~F/~/9 , proved to me on the basis of personal knowledge to be the person(s) whose name(s) are subscribed to the within instrument, as Executive Director of the Community Development Commission of Mendocino County, and acknowledged to me Agent For the CITY. Page 5 of 5 ITEM NO. lOt) MEETING DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING 24-MINUTE PARKING ZONE ON STANDLEY STREET BETWEEN N. STATE AND MAIN STREETS SUMMARY: The Traffic Engineering Committee (TEC) has considered a request by Mendocino Transit Authority (MTA) to improve the approach condition for its coaches serving the transit stop on eastbound Standley Street at its intersection with Main Street. Various scenarios were considered, including but not limited to 1) removing one parking space east of the transit stop, or 2) changing one or more existing spaces from 1%-hour parking to 24-minute parking. MTA brought this to the attention of the TEC with video and testimony showing that the length of the space allowed for the bus approach and stopping zone, along with the possible conflict with a sign, routinely caused the coaches to make their stop with the back end of the bus obstructing other vehicles eastbound on Standley. Some drivers were confident enough to slip past the bus, but more often others were not, causing traffic to back up to State Street and beyond. MTA's initial request was to remove entirely the easternmost parking space along Standley on this block, but expressed a willingness to work with the City for a reasonable solution. When City Staff canvassed the nearby business owners, the concept of removing any parking met with opposition, and further prompted a separate request from the business owners to convert several spaces along State Street and Standley (Continued on Page 2) RECOMMENDED ACTION: Adopt resolution establishing a 24-minute parking zone on Standley Street between N. State and Main Streets. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Take no action. 2) Elect to eliminate one parking space and modify the Resolution accordingly. Citizens Advised: Ester Ballard Requested by: Traffic Engineering Committee Prepared by: Diana Steele, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachment(s): 1) Resolution for Adoption 2) Letter from Ester Ballard, dated November 14, 2000 3) Location M~ APPROVED: Candace Horsley,~~y Manager Page 2 of 2 ADOPTION OF RESOLUTION ESTABLISHING 24-MINUTE PARKING ZONE ON STANDLEY STREET BETWEEN N. STATE AND MAIN STREETS February 7, 2001 Street in this area to 24-minute parking to better serve their customers. On separate occasions City Staff witnessed somewhat sporadic use of the parking spaces and also noted that there is other parking within easy walk of this location. Further review by the Street Maintenance Department identified that the existing parking spaces along Standley were irregular in size and inconsistent with parking standards used in the City, and the red zone at the corner of Standley and State was longer than necessary for the turning conditions at this location. The TEC approved of the Department remarking the red zone and the parking spaces to be consistent with City standards and relocating the existing sign. The effect of the marked reconfiguration was to lengthen the clear zone of approach by approximately seven feet. The TEC met approximately one month after the reconfiguration was complete and reviewed its success. MTA reports that its shorter coaches (35') can now easily maneuver into the space allowed but that the longer coaches (40') still report some difficulty. MTA still expresses willingness to consider alternative measures, in this case changing one space from l~-hour to 24-minute parking in order to increase turnover and improve chances that the space will be empty upon the approach of the larger coaches, while at the same time trying to accommodate the local business owners. The TEC recommends the approval of the attached resolution, however also advises the Council that, if this change does not improve the conflict to an adequate degree, it will have to return to the Council with a recommendation to remove the space in question, making it a "No Parking Zone." DS:~20010207Ag24MinPkgStandley RESOLUTION NO. 2001- ATTACHMENT 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A TWENTY FOUR-MINUTE PARKING ZONE ALONG STANDLEY STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 of the California Vehicle Code provide for painting curbs green to indicate time limit parking; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from Ester Ballard, owner of Photo Finish, to establish a "Twenty Four-Minute Parking Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) examined various means of improving the parking arrangement to better accommodate the adjacent MTA bus stop; and WHEREAS, the Traffic Engineer recommends approval of the request regarding this "Twenty Four-Minute Parking Zone." NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a "Twenty Four-Minute Parking Zone", for a length of one parking space, said space to be the easternmost space on the south side of Standley Street, between N. State and N. Main Streets, at a location determined by the City Engineer. PASSED AND ADOPTED this 7th day of February 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2001- Page 1 of 1 Photo Finish ATTACHMENT 2 125 N. State St. Ukiah, CA 95482 707/462-6242 November 14, 2000 City of Ukiah Traffic.. Engineering Committee 300 Seminary Ave. Ukiah, CA 95482 Gentlepersons: It has come to our attention that the MTA has requested another parking spot for them to pull into the bus area. We feel that they have enough space to do this already if theyi.~ are careful. We see them park every day and sometimes they do not even pull clear up to the front of their parking area and then they block out driveway. We are hoping that you will not allow them to take that spot. We have several businesses that have come and go clients 'and we do, not have enough parking already. We would like to request that the parking on N. State St. accross from the court house be made into 24 minute parking as well as the parking along Standley St. on this block. We feel it wonld help all of our businesses. I know that you are concerned about keeping businesses in the downtown area. This parking for a shorter time would be very helpful. Sincerely, Ester Ballard' Owner '~T~ ~: ITEM NO. ]_o¢ MEETING DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING 24-MINUTE PARKING ZONE ON N. STATE STREET BETVVEEN PERKINS AND STANDLEY STREETS SUMMARY: The Traffic Engineering Committee (TEC) received a request from Ester Ballard, owner of Photo Finish at 125 N. State Street, to change the time limit for four existing parking spaces from 1%-hour to 24-minutes, said spaces include two on N. State Street and two on Standley Street. A copy of Ms. Ballard's letter is attached to this staff report for Council's reference. The number of spaces she was recommending was confirmed by staff by telephone. The conversion of one space to 24-minute time limit was supported by other merchants during a canvassing effort of the businesses in the area. The TEC reviewed this request concurrently with its review of the parking/bus stop conflict at Standley and Main. The TEC separated the two issues, in order to present them more clearly for Council's consideration. After consideration at its January 16, 2001 meeting, the TEC came to the consensus that:: 1) converting two spaces on State Street to 24-minute time limit is not warranted and 2) that converting one space to a 24-minute time limit would be a reasonable alternative. The TEC therefore recommends that Council adopt the attached resolution for the establishment of one 24-minute parking space, specifically the northernmost existing parking space on the eastside of State Street, between Perkins and Standley Streets. RECOMMENDED ACTION: Adopt resolution establishing 24-minute parking zone on N. State Street between Perkins and Standley Streets ALTERNATIVE COUNCIL POLICY OPTIONS: Determine parking change should not be made and do not adopt Resolution. Citizens Advised: Ester Ballard Requested by: Traffic Engineering Committee Prepared by: Diana Steele, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachment(s): 1) Resolution for Adoption 2) Letter from Ester Ballard, dated November 14, 2000 3) Locatior~ap APPROVED: ~,~..._~.~ ~ ~ Canda-ce Hors]'ey, City rV~anager / DS:~0010207Ag24MinPkgState RESOLUTION NO. 2001- ATTACHMENT 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A TWENTY FOUR-MINUTE PARKING ZONE ALONG NORTH STATE STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 of the California Vehicle Code provide for painting curbs green to indicate time limit parking; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from Ester Ballard, owner of Photo Finish, to establish a "Twenty Four-Minute Parking Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends approval of the request regarding this "Twenty Four-Minute Parking Zone." NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a "Twenty Four-Minute Parking Zone" for a length of one parking space, said space being the northernmost space on the east side of N. State Street, between Perkins and Standley Streets, final location as determined by the City Engineer. PASSED AND ADOPTED this 7th day of February, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2001- Page 1 of 1 Photo Finish ATTACHMENT 2 125 N. State St. Ukiah, CA 95482 707/462-6242 November 14, 2000 City of Ukiah Traffic.. Engineering Committee 300 Seminary Ave. Ukiah, CA 95482 Gentlepersons: It has come to our attention that the MTA has requested another parking spot for them to pull into the bus area. We feel that they have enough space to do this already if theyl; are careful. We see them park every day and sometimes they do not even pull clear up to the front of their parking area and then they block out driveway. We are hoping that you will not allow them to take that spot. We have several businesses that have come and go clients 'and we do, not have enough parking already. We would like to request that the parking on N. State St. accross from the court house be made into 24 minute parking as well as the parking along Standley St. on this block. We feel it wonld help all of our businesses. I know that you are concerned about keeping businesses in the downtown area. This parking for a shorter time would be very helpful. Sincerely, Ester Ballard' Owner ITEM NO. MEETING DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING GRANTING AUTHORITY TO TRAFFIC ENGINEERING COMMITTEE TO IMPLEMENT TEMPORARY TRAFFIC CHANGES FOR PURPOSE OF STUDY SUMMARY: The Traffic Engineering Committee (TEC) has recognized that the effectiveness of a traffic change relating to such items as speed, traffic control signs, parking, turning motions, etc., often times cannot be determined until the change has been implemented and the results observed. The TEC is at times faced with various issues and differing suggestions regarding specific locations. The agenda item the City Council will consider previously regarding the desire to balance MTA's needs for more space at a transit stop with the wishes of local business owners to avoid eliminating parking is a good example of this type of situation. The TEC members share a common goal of improving traffic in the City, however they have diverse backgrounds and expertise, and represent different viewpoints. For this reason, more than one or several plausible solutions may be arrived at by the TEC. As stated above, the benefits may not be readily apparent and the best solution may not be the one actually implemented. The TEC believes it would be beneficial to have the authority to implement traffic changes, on a temporary basis, to be able to evaluate the effect of the changes. Any temporary change made would meet the technical intent of the Vehicle Code. Any permanent change would require Council approval with the opportunity to evaluate the interim modification. The maximum duration of any temporary change would be established by the Council if this concept is considered in a positive light. The TEC feels that the ability to test suggested alternatives will contribute to the understanding of the issues and solutions and will enhance the buy-in by all the parties affected. (Continued on Page 2) RECOMMENDED ACTION: Provide direction to the TEC. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: None Requested by: Traffic Engineering Committee Prepared by: Diana Steele, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachment: None APPROVED: '- Cand~ace-Horsle~City Manager Page 2 of 2 DISCUSSION REGARDING GRANTING AUTHORITY TO TRAFFIC ENGINEERING COMMITTEE TO IMPLEMENT TEMPORARY TRAFFIC CHANGES FOR PURPOSE OF STUDY February 7, 2001 Many types of changes require Council approval before they may be implemented. Considerable time can pass from the identification of a problem, to the consideration by the TEC which meets monthly, to the ultimate presentation to the Council for implementation. It is not the TEC's desire to circumvent the Council approval process, but rather to facilitate it by assuring that well thought out proposals, best meeting the needs of all parties involved, are presented for Council consideration in the most expeditious manner possible. The TEC is requesting the Council's opinions and comments regarding a future resolution to amend various Municipal Code sections, as necessary, to authorize the TEC to implement temporary traffic changes for the purposes of study. DS:~0010207TempTECMeasures ITEM NO. DATE: February 7, 2001 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTIONS APPROVING REPORTING EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION Upon the recent adoption by the City of Ukiah of the Memoranda of Understanding (MOU) for the Fire, Miscellaneous, Management, and Department Head Units, the City agreed to commence paying and reporting the value of PERS Employer Paid Member Contributions as additional compensation. (Continued on Page Two) RECOMMENDED ACTION: 1. Adopt Resolutions Authorizing Employer Paid Member Contributions Reported as Additional Compensation and Employer Pick-Up to Implement Provisions of Section 414(h)(2) of Internal Revenue Code. ALTERNATIVE COUNCIL POLICY OPTIONS: , City Council refer to Staff for further information. Determine Program is not to be implemented, do not adopt Resolutions, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution Authorizing Employer Paid Member Contributions Reported as Additional Compensation 2. Resolution Authorizing Employer Pick-Up to Implement Provisions of Section 414(h)(2) of Internal Revenue Code. 3. Fire Unit Memorandum of Understanding, October 1,2000 - September 30, 2001. 4. Miscellaneous Unit Memorandum of Understanding, October 1, 2000 - September 30, 2002. 5. Management & Department Head Units' Memoranda of Understanding, October 1,2000 - September 30, 2003. APPROVED¢,~~ ~_A~I Candace Horsley, ~ty ~anager 3:MOU~SR-epmc Agenda Summary Report Employer Paid Member Contributions Page Two Under Government Code Section 20636(c), an employer has the option of reporting the value of employer paid member contributions (EPMC) to CalPERS as additional compensation. In addition, with the implementation of Internal Revenue Code Section 414 (h)(2) "Employer Pick-Up", federal and state taxes on the amount of these member contributions are postponed until distribution, either through a retirement allowance or a lump sum payment (refund). To initiate this program the City Council must adopt a Resolution authorizing the City to commence paying and reporting the value of EPMC for the employees in the Fire, Miscellaneous, Management, and Department Head Units, in accordance with the adopted MOU's. A separate Resolution authorizing implementation of the Employer Pick-Up must be adopted in conjunction with the EPMC resolution. Staff recommends adoption of the attached resolutions for implementation of EPMC and IRS Code Section 414 (h)(2). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONSTRIBUTIONS AS ADDITIONAL COMPENSATION WHEREAS, the City Council of the City of Ukiah has the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691; and WHEREAS, the City Council of the City of Ukiah has written Memoranda of Understanding from the Fire, Miscellaneous, Management, Department Head Units, and the City Manager, which specifically provide for the normal member contributions to be paid by the employer, and reported as additional compensation; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Ukiah of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); and WHEREAS, the City Council of the City of Ukiah has identified the following conditions for the purpose of its election to pay EPMC; a. This benefit shall apply to all employees of the Fire, Miscellaneous, Management, Department Head Units, and the City Manager. b. This benefit shall consist of paying 10% of the normal Fire Unit contributions, and 7% of the normal Miscellaneous, Management, Department Head Units, and City Manager contributions, as EPMC, and reporting the same percent (value) of compensation earnable [excluding Government Code Section 20636(c)(4)] as additional compensation. c. The effective date of this Resolution shall be March 1,2001. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah elects to pay and report the value of EPMC, as set forth above. PASSED AND ADOPTED this AYES: NOES: ABSENT: ABSTAIN: __ day of February, 2001 by the following roll call vote: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 3:\mou\epmc.res RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING THE PROVISIONS OF SECTION 414(h) (2) OF THE INTERNAL REVENUE CODE FOR EMPLOYER PICK-UP WHEREAS, the City of Ukiah has the authority to implement the provisions of Section 414(h)(2) of the Internal Revenue Code (IRC); and WHEREAS, the Board of Administration of the Public Employees' Retirement System adopted its resolution re Section 414(h)(2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service has stated in December 1985, that the implementation of the provisions of Section 414(h) (2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of Section 414(h)(2) IRC; and WHEREAS, the City of Ukiah has determined that even though the implementation of the provisions of Section 414(h)(2) IRC is not required by law, the tax benefit offered by Section 414(h)(2) IRC should be provided to its employees who are members of the Public Employees' Retirement System. NOW, THEREFORE, BE IT RESOLVED: I. That the City of Ukiah will implement the provisions of Section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to the Public Employees' Retirement System on behalf of its employees who are members of the Public Employees Retirement System. "Employee contributions" shall mean those contributions to the Public Employees' Retirement System, which are deducted from the salary of employees and are credited to individual employee's accounts pursuant to California Government Code section 20691. I1. That the contributions made by the City of Ukiah to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of Ukiah in lieu of contributions by the employees who are members of the Public Employees' Retirement System. II1. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Ukiah to the Public Employees' Retirement System. IV. That the City of Ukiah shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. V. That the amount of the contributions designated as employee contributions and paid by the City of Ukiah to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement Law (California Government Code sections 20000, et seq.). VI. That the contributions designated as employee contributions made by the City of Ukiah to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. PASSED AND ADOPTED this AYES: NOES: ABSENT: ABSTAIN: __ day of February, 2001 by the following roll call vote: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 3:\mou\414h.res MEMORANDUM OF UNDERSTANDING 2000-2001 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Fire Unit (hereinafter Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be one year, effective October 1,2000, through September 30, 2001. 1. Salary ., Effective the first full pay period in October 2000, the base salary of represented employees in the Fire Unit shall be increased by 5%. 2. Health Insurance Contribution Effective the first full pay period of October 2000 the City will contribute an additional $50.00 per month towards health and welfare insurance, for a total of $350.60 per month. 3. CalPERS Insurance The City and the Fire Unit will discuss CalPERS Health Insurance during the next five months for possible implementation if the Unit votes to convert to CalPERS Health Plan. 4. Employer Paid Member Contributions (EPMC) The City of Ukiah currently pays the employees' 10% member contribution to PERS. The City agrees to enroll in the Employer Paid Member Contribution (EPMC) program with PERS which will add the 10% member contribution to the employee's base salary. A concurrent deduction from the employee's salary representing their 10% member contribution will be paid to PERS utilizing the Internal Revenue Code Section 414(h)(2) Employer Pick-Up Program for the purpose of deferring state and federal income taxes on the 10% member contribution. 5. Uniform Allowance Fire Unit employees receive a $600 uniform allowance annually. Reimbursement requests may be submitted to Accounts Payable for reimbursement of uniform and cleaning costs each pay period as desired, or billed directly for City-approved vendors. The amount will then be reimbursed to the employee and the City will not withhold state or federal income or social security taxes. Any remaining amount, which is not used prior to June 30 of each year, will be provided to the employee as a cash payment on the first pay date in July and is subject to withholding. 6. PERS Survivor Benefits The City agrees to obtain a valuation for the 4th Level 1959 Survivor Benefit. 7. Fire Certification/Education Program The City and the Unit agree to establish a sub-committee to review the Fire Certification/Education Program during the current fiscal year. 8. PERS Retirement The City and the Unit agree to re-open negotiations for the purpose of discussing the 3% at 50 retirement option. 9. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. The City will meet and confer with the Fire Unit regarding the impact upon salary and benefits. This Memorandum is ratified and adopted pursuant to the recommendations of the following representatives this 4 day of October , 2000. CITY OF UKIAH Can-'~d~ce Hor~ley,' City ~ana~er City of Ukiah Representative 3:MOU\FIRE2000 FIRE UNIT Richard Reed Fire Unit Labor Consultant MEMORANDUM OF UNDERSTANDING 2000- 2002 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (CalifoCnia Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Miscellaneous Unit (hereinafter Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be two (2) years, effective October 1, 2000, through September 30, 2002. FIRST YEAR · Salary , Effective the first full pay period of October, 2000, there shall be a 6% increase to the Miscellaneous Unit's base rate salary schedule. , . , Health Plan Contribution Effective the first full pay period of October 2000 the City will contribute an additional $50.00 per month towards health and welfare insurance, for a total of $346.60 per month. CalPERS Insurance The City and the Miscellaneous Unit will discuss CalPERS Health Insurance during the next five months for possible implementation if the Unit votes to convert to CalPERS Health Plan. Employer Paid Member Contributions (EPMC) The City shall implement PERS' Employer Paid Member Contributions (EPMC) reporting method, thereby reporting the value of employer paid member contributions to CalPERS as additional compensation. This option will be implemented during the first year in coordination with other Employee Units in the PERS Miscellaneous Coverage Group. 5. PERS Retirement . The City agrees to order an actuarial valuation if PERS enhances retirement benefits for the Miscellaneous Coverage Group beyond 2% at 55. Part'-Time Employees Paid Leave Days The City agrees to develop a formula for paid leave days for year-round, part-time employees based upon the number of hours worked. SECOND YEAR 1. Salary 2, Effective the first full pay period of October, 2001, there shall be an increase to the Miscellaneous Unit's base rate salary schedule calculated by averaging the Consumer Price Index (CPI) between San Francisco and Ail Cities, with a minimum of 3% and a maximum of 5.5%. Health Plan Contribution Effective the first full pay period of October 2001 the City will contribute an additional $50.00 per month towards health and welfare insurance, for a total of $396.60 per month. . Career Step Program The City will implement the Career Step Program, as outlined in Draft #4 dated. February 16,1999. The Career Step Program, in brief, provides the following' a. b, c, Employees who have completed 7 years of service will be eligible to apply on their performance evaluation date for a career step increase of 1%, if their performance evaluation is "3" (Satisfactory) or above. Employees who have completed 14 years of service will be eligible to apply on their performance evaluation date for a career step increase of 2% (for a total of 3%), if their performance evaluation is "4" (Very competent) or above. Employees who have completed 21 years of service will be eligible to apply on their performance evaluation date for a career step increase of 2% (for a total of 5%), if their performance evaluation is "4" (very competent) or above rating. , . dl Any employee eligible for the City's longevity pay (employees hired prior to July 1, 1990) will be required to make a determination as to which program they prefer. PERS Retirement · The City and the Unit agree to re-open negotiations to discuss PERS Retirement benefit options if benefits are enhanced beyond 2% at 55 for the Miscellaneous Coverage Group. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to,' the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this L/, day of October, 2000. CITY OF UKIAH ----- Candace Horsley ~ City Manager MISCELLANEOUS UNIT Paul Rich/e~//-~ 1 Airpo~Aj~S~sl~t J .. :...., Mike Wieling ' Water_~reatme~'Pla.~~~~~~Operator ~a~ F~ebe~ Wastewater~reatment Plant Op. 3:MOU/MISC2000 MEMORANDUM OF UNDERSTANDING 2000 - 2003 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Management Unit (hereinafter Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be three (3) years, effective October 1, 2000, through September 30, 2003. FIRST YEAR (2000-2001) 1. Salary Retroactive to the first full pay period in October 2000, there shall be a 6% increase to the Management Unit's base rate salary schedule. 2. Health Plan Contribution Retroactive to the first full pay period in October 2000, the City will contribute an additional $50.00 per month towards flex plan dollars. 3. PERS Retirement The City agrees to order an actuarial valuation if PERS enhances retirement benefits for the Miscellaneous Coverage Group beyond 2% at 55. The actuarial valuation will be requested within 60 days of the law's enactment. . Employer Paid Member Contributions (EPMC) The City shall change the process for PERS Employer Paid Member Contributions (EPMC) reporting method, if approved by PERS, thereby reporting the value of employer paid member contributions to CalPERS as additional compensation and increasing the amount (7%) into the Management Unit's base rate salary schedule. SECOND YEAR (2001-2002) 1. Salary Effective the first full pay period of October, 2001, there shall be an increase to the Management Unit's base rate salary schedule calculated by averaging the Consumer Price Index (CPI) between San Francisco and All Cities (with a minimum increase of 2.5% and a maximum of 5.5%). An additional 2% will be added to this rate. 2. Health Plan Contribution . Effective the first full pay period of October 2001 the City will contribute an additional $50.00 per month towards flex plan dollars. PERS Retirement The City agrees to order an actuarial valuation if PERS enhances retirement benefits for the Miscellaneous Coverage Group beyond 2% at 55. The actuarial valuation will be requested within 60 days of the law's enactment. THIRD YEAR (2002-2003) 1. Salary Effective the first full pay period of October, 2002, there shall be an increase to the Management Unit's base rate salary schedule calculated by averaging the Consumer Price Index (CPI) between San Francisco and All Cities, with a minimum increase of 2.5% and a maximum of 5.5%. 2. Health Plan Contribution , Effective the first full pay period of October 2002, the City will contribute an additional $50.00 per month towards flex plan dollars. PERS Retirement The City agrees to order an actuarial valuation if PERS enhances retirement benefits for the Miscellaneous Coverage Group beyond 2% at 55. The actuarial valuation will be requested within 60 days of the law's enactment. CONTINUATION The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this 6th day of December, 2000. CITY OF UKIAH Candace Horsley City Manager MANAGEMENT UNIT Don Bua Airport Ma~. er D~--..A-~so c~he~la n ! e r i i 3:MOU/MGMT2000 MEMORANDUM OF UNDERSTANDING 2000 - 2003 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Department Head Unit (hereinafter Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be three (3) years, effective October 1, 2000, through · September 30, 2003. FIRST YEAR 1. Salary 1 Retroactive to the first full pay period in October 2000, there shall be a 6% increase to the Department Head Unit's base rate salary schedule. Health Plan Contribution Effective the pay period in which the Memorandum of Agreement is ratified and adopted the City will contribute an additional $50.00 per month towards flex plan dollars. , , PERS Retirement The City agrees to order an actuarial valuation if PERS enhances retirement benefits for the Miscellaneous Coverage Group beyond 2% at 55. Employer Paid Member Contributions (EPMC) The City shall implement PERS' Employer Paid Member Contributions (EPMC) reporting method, thereby reporting the value of employer paid member contributions to CalPERS as additional compensation. SECOND YEAR 1. Salary Effective the first full pay period of October, 2001, there shall be an increase to the Department Head Unit's base rate salary schedule calculated by averaging the Consumer Price Index (CPI) between San Francisco and All Cities, with a minimum increase of 2.5% and a [naximum of 5.5%. An additional 2% will be added to this rate. . Health Plan Contribution Effective the first full pay period of October 2001 the City will contribute an additional $50.00 per month towards flex plan dollars. THIRD YEAR 1. Salary Effective the first full pay period of October, 2002, there shall be an increase.to the Department Head Unit's base rate salary schedule calculated by averaging the Consumer Price Index (CPI) between San Francisco and All Cities (with a minimum increase of 2.5% and a maximum of 5.5%). CONTINUATION The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this ~ day of October, 2000. CITY OF UKIAH Candace Horsley City Manager DEPARTMENT HEAD UNIT L~ar~__~BeKnoblough u - Director of CommunitY Services 3:MOU/DH2000