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1999-12-15 Packet
ITEM NO. 3a DATE: DECEMBER 15, 1999 AGENDA SUMMARY REPORT SUBJECT: MARTIN LUTHER KING DAY PROCLAMATION AND PRESENTATION BY COMMITTEE Annually the City has approved a proclamation regarding the community's celebration of the Martin Luther King holiday in January; this year's proclamation is attached. The Observance Committee also wishes to discuss the project with the City Council. RECOMMENDED ACTION' Mayor read the proclamation and Council receive report from Martin Luther King Jr. Observance Committee. ALTERNATIVE COUNCIL POLICY OPTIONS' Determine proclamation is not to be read, nor presentation to be received, and provide staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Martin Luther King Day steering committee Michael F. Harris, Risk Manager/Budget Officer~~~'"4.~,,,,,,.,~ Candace Horsley, City Manager 1. Proclamation, page 1. 2. "1 Have A Dream" essay program information sheet, page 2. APPROVED: mfh:asrcc99 1215PROC Candace Horsley, City M~ager PROCLAMATION January 16 & 17, 2000 will be Ukiah's seventh annual observance of Dr. Martin Luther King day; and This event was established in Ukiah in 1994 to promote human harmony and encourage the elimination of prejudice and discrimination of all people; and Racism continues to be a challenging social issue confronting America today; and Dr. King had a vision and devoted his life to bringing about human unity; and We are all responsible for the achievement of racial peace, equality, and unity in this Nation if we are to make Dr. King's dream a reality. NOW, THEREFORE, I, fm Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phillip Ashiku, Phil Baldwin, Kathy Libby, and Roy Smith do hereby officially recognize the special observance of Dr. Martin Luther King's birthday that is being planned by the Martin Luther King Jr. Observance Committee, and enthusiastically offers its support of MAR TIN L UTHER KING DA Y EVENTS being held on January 16 and 17, 2000, and urge all citizens to actively participate in the scheduled activities and programs to honor the memory and significant contributions of this outstanding human being, including "I Have A Dream" essays written by local students and exhibited in the City of Ukiah Civic Center foyer January 10-21, 2000 program. Jim Mastin, Mayor MARTIN LUTHER KING DAY Observance Committee P.O. Box 174, Ukiah, CA 95482 (707)467-9294 The Marlin Luther King, Jr. (MLK), Observance Committee and the Ukiah Community Center, invites local students to participate in the "1 Have a Dream" essay exhibit. The essay should describe: The student's vision of a world or a community where equality, love, and justice for all is an everyday reality. OR The student's vision about what direction we must all take to achieve such a world or community where equality, love and justice for all is an everyday reality. The essay should be one page, and must include: TITLE: "1 Have a Dream" STUDENT's NAME: SCHOOL OF ATTENDANCE: STUDENT's GRADE LEVEL: Essays can be mailed to P.O. Box 174, Ukiah, CA 95482; The deadline for submission of essays is January 5, 2000. All essays will be on display at the Uklah Civic Center foyer, January 10-21,2000 (unless otherwise noted by student). One essay will be chosen to be read at the 7th annual Martin Luther King, Jr. day, January 16, 2000 at 4pm at St. Mary's Catholic Church, 900 South Oak Street, Ukiah. For more information please call Cherilyn Evans at 485-7077. Sincerely, MLK Observance Deborah Armstrong Cherilyn Evans Maryalice ttandy ]. tlolden Ernie ]ones LaCrelia Peoples Committee Toni lones ]ira Maslin Vicki Patterson Michelle Sides James Sides Contributions toward the MLK scholarship fund, can be mailed to P.O. Box 174 Ukiah, CA 95~82. The scholarship fund was established in 1995, and is awarded lo a student who shows the potential to set their life's path on the course of racial harmony and has demonstrated a sincere interest in working lo achieve these goal through peaceful means. Please make checks payable to: Ukiah Community Center-MLK fuml, for more information please call 467-9294. MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, November 17, 1999 4a The Ukiah City Council met at a Regular Meeting on November 17, 1999, 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 Councilmernbers were present: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Interim Public Works Director B~i~..r.d, Finance Director Elton, Assistant City Manager Fled, Risk Manager/Bud~t Off..:i~:"Harris, City Attorney Rapport, Deputy Public Works Director Seanor, Senior ~i~.~ili~'"tump, and City Clerk Ulvila .... ?:!i!~!!~i~ ...... Councilmember Ashiku led the Pledge of Alleging. ..::~iiii!i!i? ........ ~::::~iii~ii~i~ii~iii~i~i~i~i!{~i~ii!i~!i!ii~i~iii~?~i~i~i~i~!~i!!ii!ii~i~ APPROVAL OF MINUTES: ~::i~iiiiiiiiiiiiiii!!i!!i!i!!!ii!!i;;i,~.. "::~?:iiii!ii!iii!~i!iiii::~:': .... 3a. Reuular Meetinu of November 3, 1999 ............... "-':: .......... ============================================================ __ ,.::::::::::-' ==================================================== Councilm~mber Libby noted a correction to the mi~!~te;~::::~i~ig.., fourth paragraph, to a ,, . . · ...... ~!~:~::::::.:::~:....::~[~:...'-~i~....'-:..:.: .... ch nge the tenth sentence to read: She ~s conf. Ld.e..n.:t that the~::~::~ii~[t!~.r, eceive ~ts funding, however, the down side is that MCOG will g~i~i~i~.ii~i~..:.s..econd~~iii~'ooo-2001) in order to fund all the projects that were recomme~::~ii~i~ii~ii~i~!::i~e .4 million that the ======================================= She also noted a correction on pa...g..~iii~' 0, firs.:.t-:-'ii~ragra~ii~?:i!~::::;:::hange the second sentence u · . ======================= . .:::!:!:::?' ::i?i!i?!" · '";'!:::!:!:::i:!:i":"::::i:i:::?:i:i:i'"!::'""i:::~i:i:::i:"::::i to read: MCOG w~ll be try~ng::~i~taln ~se fund~?from other counties MIS Ashi~bY app.~~:i!~ Minut~:!i~;~i~;ular Meeting of November 3,1999 as correct~i!ii~~.d, by':~i~iiii~i~..n.g roll"::~iii~:":~te: AYES: Councilmembers Smith, Libby, Saldwin,'~~iiii~..a..d Ma~iii~B~::.. NOES: None. ABSENT: None. ABSTAIN: None. Mayor ~-:~~i~i~:al p~ess. 5. CONSENT CALE~!~?:" ..;.;.;.;.;.;~ M/.:~iii~aldwinlAshiku..~pi~bving Items a through e of the Consent Calendar as follows: ~iiiiil.i~proved Oisbu~nents for the Month of October 1999; ~!ii!!i~ii~..ceived Notifi:~0n to Council of Required Maintenance of Transformers Performed ili!iii!i!i!i!i!i~!ii..8..:~::.p:...~..e..:~::in the Amount of $6,142; &~ii!i!iiii~j~~i!i~i~:~'m for Damages Received From Pacific Bell and Referred to the Joint "~~ii~Abthority, Redwood Empire Municipal Insurance Fund; d. Awarded Acquisition of 3-Axle Diesel Truck for Public Works Department to Eastbay Ford Truck Sales in the Amount of $54,524.83; e. Joined Amicus Brief in Zelig V. County of Los Angeles. Councilmember Libby noted on item "b", the Staff Report indicates there are no local November 17, 1999 Page 1 of 21 contractors who can perform this work. She questioned why more outside contractors did not bid on the project. City Manager H0rsley advised that she discussed the matter with Public Utilities Director Barnes and noted the Staff Report should have indicated it was a "sole source" for that type of activity. S.D. Meyers is the only contractor that meets all the requirements of the Electric Utility Department. Public Utilities Director Barnes explained the process of removing old tra~:former oils, noting it is a specialized service that S.D. Meyers has performed f.er the C.:i~":"~ince 1978. He advised that they are the only firm on the west coast that ~!!i~~"~ this type of The Motion carried by the following roll call vote: ~$: Co~...n...~i~~~i!!~ith, L!.~', Baldwin, Ashiku, and Mayor Mastin. NOES: None."ilili~BSEN.~iii~'one. '"A~:~~.i~i~''e. 6. AUDIENCE COMMENTS ON NON-AGENDA I~EM~i?~iiiiiili~:, .... "::~:':'"~:~: ....... Richard Macintosh inquired about a homeless she. i~ii!ii~!!i~i;i.:...Grange Building. Mayor Mastin advised that the matter is sched.u..!~i~,,later ~[~ii~ii~da. Jeff Hunter inquired if there is a service ~i~iii~'iii!~..o...r read~!i!i~:"the City which would pay workers on a daily basis, and th.~re e~i~iii~::to..:i::!i~ord their own food and City Manager Horsley reporte .d....ili~'~i!~:'alth.e...~i~'"" '"" the C~ii~does not have such a program in place, the City of area has a si~'prog~?'called..;~y Workers". She will obtain further information to provide Co.~ciiii!?':~iiiiiiiiiiiiiiiiiiiiiiii~:~:::::::~:~:~?:ii::ii~iiiiiii? .... aa. D'i :,-Rea a iiii§ me ess Shelter City Manag~i~:~::..advi~ii~i~ii~e two issues concerning the matter of a Homeless Shelter in U~iiiiiii!i~i~iii!i~he F~ff~ili~et Project and the Mendocino County Department of Social .~~~i!i~...:n. g a'"~rmanent/seasonal facility at the beginning of this fall seaso~ii?i~ey appro~iii~?::City with a Use Permit for leasing the Grange building on Sou....~iiii!.:State Street. ~iii~?processing the Use Permit, as well as revising the City's ord~nce to allow for t:.~'rary, seasonal shelters. Another issue involves the need for a.~i:.~porary shelter f.~!~:this winter season. She explained that the current owners of the ~~e building are....::':~'t willing to lease the building, preferring that it be sold. Dr. Gardner i:.':.~ii~ii~ntial b~!i~f the building, however, there has been no agreement or sale of the ~ii~!iiiiiiii~i~i!'"'"~he time frames included in the sale and escrow proceedings, it is very u~i~j~i~?i~'"~en if there was an agreement tomorrow, there would be an agreement and the ability to have the Grange available for a temporary shelter, due to the fact that it has to be sold. She reported that the Mendocino County Board of Supervisors discussed this matter yesterday. Aisc, the Realtor advised the City yesterday that the Grange building would November 17, 1999 Page 2 of 21 not be available for lease and the owners of the building had not accepted an agreement at this time. It was her opinion that the City's focus should be on a temporary shelter, in a location other than the Grange building. On November 15, 1999, she met with several staff members and compiled a list of several sites where facilities may be available. Staff is now working with Allison Glassey of the Department of Social Services and with Mark Rohloff of The Ford Street Project, to contact these various locations to see if there is a possibility to use a facility as a temporary location. Staff will continue to work with the County and The Ford Street Project to locate a site. Staff is seeking direction from Couacil as .t~!~i~ether staff should continue to pursue this direction, and if Council is inter'.~d..:~ili!~:"crisis shelter resolution which would allow almost immediate acce~ii~.O.., a sh~i!i!iiii~ motion passed by the Mendocino County Board of Supervisors at th~i~iii~i~etin~*~~~:,was provide: to Council, which states that they "declare, due t":.~ili~e threat, lili~::~i~!iii~d safet~i!i~f homeless individuals during severe weather condi~s, the ..n..~ to Crisis Resolution with the City of Ukiah." She conti~.d...:,t.o..iii~:~d and expi~i!~ii~;3tion to Council. The City will continue to work with Th~iiii~ii~treet Project on":~'iring the Grange as a long-term solution to the shelter issue. ':~i~?~ii~ii~tiust a City-wide situation but rather a County-wide situation. The County i.~i::ii~:~ii~i~i~sf.......act anC~ will continue work together to resolve the problem. ":~ ..... '":~::::iii~ii?~!~i~i~iiiiii!~ii~iiii!ii::~ Senior Planner Stump advised that even ~~ii~! ~..m. entu~!~:iii~i!ii~:i~ifting away from the Grange building, the City currently hasili~i~:::"acti~iiii~iii~[m[t:iiiA~'plication to establish a seasonal homeless facility at the Gra .n...:~::iocatiB~iiiii~i~i~!ii~ii!i~urrently processing. Staff is also processing an amendment to.:~ Ukial~::ii~'unicip'~ii?~!~"e which defines a temporary facility and allows its use wit.h..~ii~!~i~.iii~se P..e...~'it. It i.s.:iii~i~taff's intent to present the Code Amendments to the Planning C....~'issio~i~h Dece~er 8, 1999. Staff has prepared the appropriate environment..a:.:! ~Jment~ii~i.C....h....:~ been available for public review. Should the.:~ii~...r:..~nge be a:::y~iii~cation,ili~{~iii~~ to present the Use Permit application to the..:...,~ Co~i~iiiii~::and tl~ii!!i~ Amendments brought before Council, subseq~~ii~mbe~:~i!iiii~i~i?:i~:...The Use Permit and Code Amendment processes will proceed in'~~ii~i:.t.h th~:~~iiii~diate temporary shelter issue. City Attom...~!i~~i~.uss;~ii~; City--s options and the timing associated with each option...,,,~i~"'option '~~ii~..o....uld involve a resolution, which is authorized by state law, and ~s a local gov~~i!~) declare a homeless shelter crisis. Once the City adopts the.,~'"{olution declari~i!'{~:"crisis, then any state or local housing, or public safety rules th~iiiiiin any way would~i~iimpede the immediate availability of that shelter, are suspended ~!~g the term of...~ crisis. There is no prescribed procedure for adopting such a r.:..~!.~i.on, it doe.s..ii~ require a specific public notice, and the Council need not conduct ~!!i~i~i~ii~ the matter. The only procedural hurdle that may exist would be the C~!~~ii~li~onmental Quality Act (CEQA), if it applies, although there is no specific sta~:~~:~:~emption in CEQA for a homeless shelter crisis resolution. However, CEQA does exempt actions taken by a public agency to mitigate an emergency from compliance with CEQA. Emergency is defined in CEQA as "a sudden and unexpected event which causes an immediate threat to public imminent harm." He discussed the statutes related to CEQA and a homeless shelter crisis and felt it would be reasonable to assume that either CEQA does not apply or that it would qualify as an emergency which would exempt November 17, 1999 Page 3 of 21 it from complying with normal CEQA procedures. Therefore, the City Council can adopt a resolution at any time. Under the existing City Code, The Ford Street Project's proposed homeless shelter at the Grange building would not meet some of the standards prescribed by the City Code. He discussed the required standards for a projected 75 resident shelter. A second option would be to amend the City Code on an urgency basis, as explained in his Staff Report. The City could amend the City Code and process the Use Permit application simultaneously to reduce the amount of time. This is the path which the Planning Department is currently taking. Following this process, the amend.e..d.. City Code and Use Permit could be presented to Council in early January 2~0 ..... He explained that the third option would involve the C~ty lea~i~ili~!i!~:ilding in the City limits for a homeless shelter, whereby the County wou.!~i~{~'have'::;{~i~i~i~with the homeless_ shelter ordinance. The City's zonin g a~::?buildin, g .... ~~i~:~:::~:~:~:...~:.~.'.'~::..~:~:~:~.pp I y to...-.~"~i~?"e .... .!:::::::~:::- ..::!:!:!:::::-' '~!:!:k-:.:.:.:...-i;..:.::i:i::.::i:i::.:.: .... -::i:i:~ County when they engage in an activity ~n the City o~ii~roperty...::~t it eitl~i~!~~es. The only limitation for the County to accomplisl~iiiii~i~:::.:w...~ be to requirements. ~::i~iiiiiiiiiiiiiiiiiiiiiiiii!iiiil;; ...... Upon an inquiry by Mayor Mastin, Mr. Rapport ad~i~:::~i~!iii~i~.inimum requirement for noticing a Special Meeting of the City Council is 2~?~ours."::~ii~i~ued Regular Meeting would require 72 hours notice prior to tl3e?~ii~i!~tjng. ~iiiiiii~'ort explained the requirements for noticing a resolution d..e.'~~iii~iiiiii~h, elter c~:i~i~i!ii~:' Passage of such a resolution would require a majority v.o...~i::ii!~;~ th~ii?~i~~i!ii::.p.,:r..e.:s~'i. He advised that the current agenda describes the item ..a.,'~i::~'~;Discus'."~ii:0~::i::::i~iii~~i~'ss Shelter" and is not an action item on the agenda ......~iiii~ii?:~'' ..:~iff: ...... !~i~iii~i~iililiiiiiiiiii::i::::~::~ Mr. Rapport stated that an im~~t a,s:.~t of a s~ilter crisis option, is that the shelter crisis option only applies..:.to ~:~at is ca..,:ii~:a llf.:y''. A public facility is defined as "a, facility of a::i!:.~blic agent:.. ~i~h is ow~ii?iiiii~!~'', or maintained by the public agency. The Cit..~ii!~iii~..eclar~!i~i!i!~~:..crisis '~?~:g would have to identify the public facility. He felt t~i~ii~i.ng t(~':~ii~ii~ii~,e facility to be located within the jurisdiction in which the crisis i~:~ii~::..and f~iiii~ii~i.l:ity to be either owned or maintained by that same jurisdiction. H~ii~::..with":~ii~~ation of the statutes concerning the shelter crisis. Counci[~i~ssed"~~!!~.~:.theCityii Attorney and staff. There was also discussion of the .a...~'n taken by tl~ii~~::~f Supervisors, and the advise given by County Counsel co,ming the matteriiiiiii~~ ..::!:~::::::::::. .:.:.:.:.:' ~~cilmember ~ku recommended Council follow the same track as the Board of ~~i~ors mo~i?::'by adopting a resolution authorizing the Mayor to sign an adopted ~i~i~ii~~i~::~:he s,te has been identified. This would expedite the process more Discussion followed concerning this recommendation. Mr. Rapport discussed the action by the Board of Supervisors and that County Counsel clarified, after the motion was made, that the motion merely authorizes staff to develop a November 17, 1999 Page 4 of 21 resolution, which would need to be presented to the Board of Supervisors for adoption. It is indicated in the Supervisor's minutes that the resolution is schedule to be presented at their December 7, 1999 meeting. In reviewing the statutes, the only wording that might suggest the site be identified at the time the resolution is adopted, is a statement that "once the shelter crisis has been declared, the political subdivision may allow persons unable to obtain housing, to occupy designated public facilities during the duration of the state of emergency." He discussed the vagueness of the term "designated". He advised that the item is listed as "discussion" on the agenda, and that a letter was sent to interested parties assuring them that no action would be taken at this meetin.g.:~.concerning . ~:.'....:i:i:-' the matter. .,~. ....:~?*- City Manager Horsley stated that the letter sent con~.ned t~!iii~~ building. She noted that even if Council makes a motion to de;~i~i¢~a sh~ii!~~,., the issue ~: identifying a site would still need to be determined..:ii!~!iiii?' ...... ~iiii!iii?ii~i!iliiii!iiiiiiiiiiiiiiiiiiii!i!iiiiiiiiiiii~::.. .... ~iiii?:~'' Mr. Rapport advised that Council would need to m~?:i~t:b..e..:i!~ing:"Upo~ii~!'~!~~iiii~at' a significant number of persons within the jurisdiction ~i~ii~:yerning body a'~ii~i:i'i~out the ability to obtain shelter and that the situation has ~ii{~iii!ihi~:a threat to the health and safety of those persons." While it is common::?:i~:~~iiii~at there are homeless individuals, Council has not received information '~{:' this rr{: i iiiii ,:p...rior to the meeting, showing that it is true. He preferred that the..r....~iii~ii~.t, ter noti'~ii~iii~"Agenda as to how the item is described for Council to take.:~i~ii~i~..u....Id bet{~ii~mply with the Brown Councilrnember Libby, while ac~ledgi ..n....g."'?:{here i~i?~!~d to do something about the homeless matter, did not feel ~~lled ?ii, ct on tbS?matter until further information is obtained, such as the location ~iiii~::!}:~'e fa~ii~ will m.~:'the needs for such a shelter. She felt that the matter should .13a..~v~!!~en re~~:..p....da~ii~:"the rainy season, and has concerns City Ma~~i~.!ey ~~ili~t The Ford Street Project had a committee which was funded by t~ii~~~~, to Io(~:~iii~iiii~::selection and checked a variety of sites. The City was not pad (~:~!~?~~ittee:?ii!i~i~mmittee selected the Grange building as the best site. She..::::~~~!~iii~!iiiiiii~.ardr~:~' interest in purchasing the Grange building and in allowin~ii~:~' Ford S~i~~. to use the facility for a homeless shelter on a permanent basis..,.iiiili~'ity staff met wl~i~~entatives from the Department of Social Services and The For.:diii~'treet Project, a~!'~'e in agreement that the City and County should be included in.i~bre di scussions..~iiiiiiii? ~iiii~:....n inqui~::~i!~ouncilmember Libby concerning the availability of facilities at the ~~iii~i~::{he North State Street Fire Station, Ms. Horsley explained that th, e I~i~iiiii~s indicated they have many programs on the weekends, children s programs ~n the afternoons, and basically their facilities are booked most weekends throughout the winter. However, they are open to the committee giving a presentation to their Board of Directors. Regarding the North State Street Fire Station, Ms. Horsley explained that the Red Cross currently leases the facility. There is a mechanical equipment garage with a bay which contains antique trucks, engines, and other equipment. November 17, 1999 Page 5 of 21 In order to use this area, the City would need to rent a storage area to store this equipment off site. She further noted that staff looked at the Veterans building on Seminary Avenue as a possible site, and in exchange for its use, the City would offer them free accommodations at City facilities so they could continue to conduct their activities. Communication is being pursued with owners of several other locations, however, no usable site has been identified at the present time. Mayor Mastin recommended that, prior to taking public input on the matter, that a Special Meeting be scheduled for November 18, 1999 at 9:00 p.m. to consider..:~:a, ction on a Resolution. .~:~ Councilmember~ Smith and Ashiku were in ~eme~iiiii~iiiiii?ayor Mastin's Coun_cilmember Baldwin was of the opinion that t~!ii~nnou.~i~ent is sufficient for Council to take action at this time. ~iii~i~.:..~?~3ublic notic~ii~~'d, he preferred making a decision at the current meetin~!!iiiiiiiii!!iiiiiiiiiii!iiiiiii~:~::.. '-:::~!~i~!~:~ .... Councilmember Libby was of the opinion there..:i~iiii~::"~ii!~!ii~ke action, however, she could not be supportive of a site unless she is ..S.~iiisfied ~iiiii~!i!!~erly accomplishing what we are setting out to do. She felt the site..:.:~:...~ii;.t.:.o, be ad~~iiii~Uch as the number Mayor Mastin felt Council would be::i!~'Provi~iii~;0;iii~~!!?:0ther than the City, to go forward in pursuit of a dry, safe, J~:tion f~ii~ose ir~?~i~::~i~::"°f a place to stay during the winter .... ~iiiiiiiiiiiiiiliiiiiil ..:~iiiii~i?'' Councilmember Ashiku .dj.'..s~iiii~"d the.~'e"O:t:::~ii;~n"'"" whereby people are sleeping on streets, U.~:: trees, e...t,:~iiiiii~ii~osed t~i!~~~' of what is a greater health risk, those sleepingii~..s., or a~i~j~!!!~mount":~iii~{~:ooms o,r other type facilities available at a shelter '~::~iiiii~ii~uste~i~iii~:~ill take the public s interest into consideration when considerin~i~iiiiii~:.note~:~ii~i!i~..solution would only be a temporary suspension of the City's stan~~ili~that a'~i~~:~nt crisis shelter will be addressed at a later time. Currently.~ii~~ii~!~:..ty is~'is paramount. He did not want to delay the process. Cou~i~mber Libb~!~ii~ii~greement with Councilmember Ashiku's concerns that this is .a;~?:!~r~s~s situation ...... r, she felt she would be more comfortable voting on a r~tion that speci~ a site. ~~.'..s..:sion foll~" concerning Mayor Mastin's recommendation ~i..~ii~§mith directing staff to prepare an emergency crisis resolution regarding a h~:~'i~$ shelter, that Council take public testimony until 8:00 p.m. tonight, and that the City Clerk prepare an Agenda for a Special Meeting to be scheduled for November 18, 1999 at 9:00 p.m. with 24 hours advance notice; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None. November 17, 1999 Page 6 of 21 Mary Lindley, Ukiah, spoke to the matter and discussed the availability of various sites. Ed Hamett spoke in support of a permanent facility for the homeless. Richard Macintosh, a homeless individual who lives under the Perkins Street bridge, discussed not being able to find work in Ukiah and that The Ford Street Project is unable to help with housing if you are not a resident of the County. He supports a homeless shelter in Ukiah..........~::.:...:::~..-.,:. Ms. Miller, staff member at Trinity School and Northhaven Scho~iiii!!~:i.~i;ed the matter of individuals who are living on the streets and in needi::i~.f...::.medi~~i!i!iii~.~e""'?- :'~':"~ ---is supportive of a resolution to provide a shelter for families and ~~ss in~ii~iiii~::..the City. Richard Shoemaker, 710 Willow Avenue, Chair~:.of the.::~':"~doci~ii~~ii~" of Supervisors, appreciated Council's consideration~i!~iiii~[e~:'ng a joint r~~i!¥~r the crisis situation. He discussed problems with homele~i~~:sleeping on pri~{~'"property without permission and explained that the homeless i~i~~.has been a very frustrating issue for both the homeless as well as those wo..~ii~g"~i~~i!?~i~ding a solution to the problems. County staff has looked at many sit.e'~ alrea~:~i!i!~ili~iiii~i~.:..their goal to find a permanent shelter location. ..:,?:iiiiii?i?iiiiiiiiiiii~ii~:.. ":~ii!iiiiiiiiiiiiiiiii!iiiiii!iiiiiiiiiii Ramona Ansolabehere, Housing Coor......d...~'0r fq~i~~.'.e....n...t.:~i::~ocial Services, advised that she has been working with the ~::mittee.:~ic~i~ii~:ified 15 potential sites and provided the City Clerk with the ..!~iiii~f site..s...'iii.~r distri~i~6~ to Council. She discussed potential locations. ..::iiii~iiiiiii?~ilililiiiii; .... ~iiiiiiii?' :~i~i~i~i .... ======================== ..::~ Upon an in..quiry by Cou.~il~:aber ~~:i~i?:i~:~erning a potential site on Taimage Road, Ms,~olabehe~ii!~~d that ~i!i~j~iiii~i::i~:~e former CED/CHP building. She met with theiii~iii~:.a.t the~~~,n of S~~i::~:~r Shoemaker, and inspected the building. It is esti~i~~..000 ;~iii~ii~eded to get the building into a usable condition. The owner has'~a~iii!~b~t it responsibility of the leasee to take responsibility for the buildin~!ii~i~iii!~!i~epairs'?~iiii?~?~iiiiiiiii?? Supe~:;"Shoe~?i~ained that the joint resolutions of the City and County is a very.::~ortant relatio~i!i~ween the two entities. He explained that the Fairgrounds is ~ated by a Boardi?::~f"~¥~'ectors and recommended that Mayor Mastin be available to ~' with him and t~?Fairgrounds Board of Directors if necessary. He discussed the ~~ of Supervis~iii~otion at their previous meeting. ~ii~~i!i~aor of the Community Service Center on Cherry Street, which is part of t~ii~ii~D:;~y Adventist Church, discussed his organization being able to assist those ~n need by providing clothing and other services.' Due to the limited amount of space available at The Ford Street Project, he and his wife have housed five different men during the past few months at their home and assisted them in finding a job and place to live. He urged the community to become more involved in finding people a place to stay. November 17, 1999 Page 7 of 21 Jim Stepler, 1580 Talmage Road, Talmage, explained that he works for a social service agency and last year they had many individuals coming to their agency because they were unable to stay at The Ford Street Project due to their general assistance beds being full and also because they were unable to provide proof of residency in the County, therefore making them ineligible for services at The Ford Street Project. He felt the issue is the County's responsibility and commended City staff for assisting Mendocino County in recognizing that they need to deal with the issue immediately. Lauren Cullen, homeless person for about four months, felt families have a..more difficult time finding shelter than individuals. She thanked Mr. Taylor f~. his ~'"~ and felt a permanent shelter is needed. Kristy Kelly, Director of the Mendocino County aenta.l, iiii~lth O;~~!i~.,.d. iscussed difficulty of opening a facility without obtaining the pr.o..'~ permit.s.:~i!~'d::~~~g.~d to expedite the process. She discussed people li~i~g on t~!!i":'"~{reet ~!i!~ii~i~' of medication, which amounts to approximately 1% o{ii~::?:.p:...:,0,~i~tion in Me~~ii~i~'unty. The more user friendly the facility is, more Mental ~i~j~iii~epartment clieni':~i~i~:i::i:'i' use the facility, and staff will be available to visit the shelteri~iii~i~tar basis. Mark Rohloff, Director of The Ford Street Proje(~:ii::.report:~iiii~iiii~ili~..t..993,ii approximately 93 households were homeless in the grea.t.~iii~i~:..area. "~ii~ii~is number is' even higher today and the number of homeless .f.a'.'~!~i~easing~i!!!i~e Ford Street Project cannot serve the demand for shelte.~iiiii~!~::'~he ~~ii~::i~:..b,.:,u..~iiiiiii~' prepared to establish operations as quickly as possible sh~:i'd a ne~ii~it~::::~i~i~. He thanked the City for its cooperation and noted both Cityii!~d Cou~ staff'~'!::~:een very cooperative. Councilmember Libby disc..u...~'~':;he .~;~her p:[~"~am for rooms at local motels and using the program as an ~ti~!:"should!ii~i!~m~~ or permanent site not be found. Mr. Ro~i~.ined'~ii~ii~rd Str~-~!ii~:~ct received some additional funding from the CitY':f6~ii!~rs. A~~i~i[h.e vouchers provide a safe place to stay, they do not provide me~i~i~D!, serVi'~i!~ili~metimes they offer crime, loneliness, and despair. The cost of ho~ii~one i~!ii~ii~'j is expensive. It is important to do this as cheaply as possib!~i~ii~ii~ye li~i~'d funds available. He advised that the vouchers will continu.e, ii~"be used'::~ii~:. ......... ~i.a...u..als. Co.:~ilmember aal~i~:ii~cussed the wage rate of $5.75 per hour of those working for T~iiiiiFord Street Proj~t and that workers may not be able to afford housing on these ~S. He expres..s..~:' concern for the Iow wage rate. ~i!!~~ili~i~:ined that last year they had $12,000 from the County to operate their s~~~i~'~ot afford to pay a living wage because of such a Iow budget. He is very sen'~:"i~:~"~) paying a living wage to individuals. Robert Foley, homeless, discussed the life of homeless individuals and associated health issues. November 17, 1999 Page 8 of 21 8:04 p.m. - Recessed. 8:17 p.m. - Reconvened. PUBLIC HEARING 7a. Adoption of Resolution Approving the Negative Declaration and Final Concept Plan for the Gobbi Street Riverside Park Concer)t Plan - Senior Planner Stump reported that on October 6, 1999, the City Council conducted a public hearing to consider the Concept Plan for the Gobbi Street Riverside Park. After receiving public comment, Council approved the Concept Plan and directed:,~..taff to make minor modifications and return the document to Council for final ~:p. rov~.~iiii~:~ discussed the proposed modifications to the Concept Plan, as noted in hi%~.,~'0rt. He called attention to a letter from ,John Thomas, property owne~i~:..~ili~...he n~ii~ii~:..site, and staff's response to Mr. Thomas concerns. Today a letter ~fiii~'~eived'i~iii~~en Johns~?: Johnson Orchards, Inc., which identified several.~i'nts of ~~:~iiiiiiii!i~iii~t wit..h.~ii~. Johnson today, discussed his concerns, and clarifi~? num.~:~f issu'~!iiiiiii~ii!!~i~as distributed to Council. In response to the letter~iii~.e..j~' from Mr. T~~iii!~'d Mr. Johnson, he felt it is clear that staff is committ~!iiiiii~iiii~'.~king with thes~;:~::~'milies in developing certain aspects of the Park. He advi~i!ii~iiii~...ta, ff has incorporated the proposed changes into the Concept Plan and has ~'iu~iii~:..changes in light of the Negative Declaration, and found that the min.o.r..:::i:.chang(~ii!~ii~i!i!!~!i!::.disrupt the findings contained in that document. Staff has prepa~eaiii~9nses tc~::::~~:~ts received on the Negative Declaration and is of the opini..o..~ii~{i~i~i~i~i~a.~[ed Ne~{~i~e Declaration is very appropriate for the Concept Plan, yet m.a.'.-'~ii::~'0t beli~ili~ii~::EQ~i::~eview for the buildout of the project. Staff believes that th.e.'i!ii~!~oncep[i~iii~la~::ii!i~~~ully balances the issues, concerns, and problems that have..b~h raise.,d..ii~y a va~t'*)::::Sf people during this process. It is a passive Plan, designed t~!~ii~inanc~'*:, maintai~d, and to provide security for the Park and surrounding propelS!ii, hers ~ii~i~e futu....r::~i!ii:'::' He recommended adoption of the Mitigated N .egative Declar~io~iii~hd app~i~g.:.~ii~J~al Concept Plan for the Gobbi Street Upon a'~ili~~iiii~...y' CO~!!~er Libby, Mr. Stump explained that further CEQA review woul~i!!~ii!~..s..sary f'~iii~!ii~pects of the project, such as riverbank stability in In res~~' to a que~i~ii~ncilmember Baldwin concerning increased vehicle trips per,:~ during the ~~:::"months for baseball activity, Mr. Stump explained that ad~nal trips per day~i~o~ be due to baseball, soccer, hiking, and other activities during t~mmer months. :~.~ reported that there is no indication that South Ukiah Little League ~!iii~ expanding, ~:*'there may not be a significant increase in the daily traffic volume. ~iii~Bre of ~iiii~ips per day was used as a worse case scenario. It is expected that ~i~ii~!i~ using the park and noted that the Traffic Study indicated it would not r~ii~!i~~ptable traffic levels on the street. 8:26 p.m. - Public Hearing Opened. Mary Lindley, Ukiah, spoke in opposition of the Plan and expressed her concern with liability and funding issues related to the project. She felt the Traffic Study is inaccurate November 17, 1999 Page 9 of 21 and opposed traffic calming measures. John Thomas, farmer to the north of the proposed project since 1959, advised he is supportive the project and has been working with staff to resolve his concerns. He expressed concern with funding of improvements and maintenance of the Park in future years. He discussed liability concerns and the concern of the neighborhood with regard to traffic in the area. Linde Foster, 840 East Gobbi, Ukiah, explained that each Saturday during .~.i.ttle League season, it is difficult for her family to get out of their driveway du.e., to tr~ii~nd parking along Gobbi Street. She opposed traffic calming measures and ~~S~i~:iiability issues relative to traffic accidents as well as accidents occurr....~, in Marsha DePriest, Oak Manor resident, demanded ~iiii~lR be was her opinion that the Park site is contaminat~!;:. She..::~i~:~ussed::~!i~~~' to widening Gobbi Street and the County's jurisdiction ~~r:~:~ the street. emergency sewer line repairs on Gobbi Street. '~ii~iiiiiiiiiiliiiiiiiiiiiiiiiililiiiii~ ...... "::~i~i~i~::~:~ ....... Ken Kensy, Oak Manor resident since 1971, dis~i~S'~?~ii::':'~ease in traffic over the years in the area and his concern for the safety o.~.~;:hildre'~ii{~~ii!~.~e park. .... ::i~::!i~[i?:ili[!ii?:i::!::!::i::!::~i!::~[ii!i!::!~.. "::i~ii::[iii::i[ii::iii::::i[i~i~i::::::i~i .... · =============================================================== Ms. Steward, thanked Council for consid~i~!~i~[~i~i~a Dog ~ in the Concept Plan. ..:.:.:.:.:::,: ..... :::::::::::::::::::::::::::::::::::::::::::::::::: .... :::::::: · She was supportive of the Concept Pl.,a,..~?"::~:~:~:~ .... .... ~:~ii?::ii!i!iiii!ii?i!!!?ii!iii?i?iii?ii!ii?~ilili::i::ili!iiiiiiiiii .::!i!!!.:i:':' * .... =================================================== ...... ,::::::::;: ~.:.:.:.:.:.:.:.:.:.:.:,:,:.:,:,:.:.:.:.:.:, · Vicky Carroway, felt traffic is hor.~ous a~::::::Peopl;ii!~i~::':Carelessly in the area. Marie Hearty, President of the.:~th Uki .a.~i??ttle L?.~e, explained that the Little League season is fro..m April to Ju.n:.:~: ~"that s~~::::~.,a..~~::'would not be conducted at that time, thus not i~~sing the..,:~~ii~uring t~ i~iiiii~ii~'i~e was supportive of the Concept Plan 8:50 p.m. ?~ii~..e..arin~i~i~~a!!iiiii?:~~~::::"-':: In respon~i!~iii~i!i~i~i~:...cou-~i'member!ii Libby regarding funding of the project and if chan~::'{o the Pl~iii!~iiii~ made at a later date, Mr. Stump explained that the City has ....a..'~roximately $8~i~~"00,000 from the Coastal Conservancy and is very limited as..~!i~ow the funds ~!~lS~?'Spent. Expenditures can be made to the agricultural fencing a~ii~egetative buffer.!~:, habitat restoration, and some improvements to the stream bank. ~i!:'..m of the opini~ii~hat the highest priority lies with the agricultural buffering. No other ~~....is avail~i~i~'t the present time, however, he discussed other sources of funding. ~ii~ii~~::'0nce development of the Park begins, it will be the City's responsibility t(~!~:!~i!i-'""~:~d service the Park. This is a long term project, and will be completed in phases. He noted that money would not be taken from funds allocated for other parks. City Manager Horsley explained that the Concept Plan has reached its current stage due to the grant from the Coastal Conservancy. With regard to developing the Park, maintenance and operational expenses, the City does not have funds available at the November 17, 1999 Page 10 of 21 present time. Should Council approve the Concept Plan, the City would not be breaking ground to develop the Park to its potential, due to the lack of funding. However, the project can move forward in steps as funding becomes available. Council discussed various aspects of the Concept Plan with staff, especially as it relates to funding, security, traffic, and liability issues. It was noted by City Manager Horsley that staff has contacted other cities regarding liability issues related to riverfront parks and they have indicated no additional liability costs at this time. City Attorney Rapport addressed the issue related to the City's liability, derived from the fact that the City owns.~:.tb..e property. He further discussed trespassing, existing dangerous conditions o~ii!~he pr~'~y, and that by carefully developing the property it could reduce the City's li~i~'..%.y....,:~iiiiiii?~!ii~i~ ..... MIRC AshikulSmith adopting Resolution No.......2..'~'~'19, ';~i~?~ili~..-:...t. he Negati~: Declaration and the Concept Plan for Gobbi Street~i~i~erside In response to an inquiry by Councilmember Libb~ii~h~~:~ the sewa~i~!i!~!~!~":i was mentioned during the Public Hearing, Mr. Stu~iiiiii~i~ed that the uriah Valley Sanitation District recently corrected a problem w.h..i~?~?~i:i~i~;e:..d a few homes that were hooked up to a sewer line that was being used .:.a.'.:~?~a ~i!~i..n... staff discussed the matter with the consultants that did the Phase....!..:.ii~azard~ili~~als Study, and they expressed no concern that the situation woutdii~i~ii~i!~oxic or ~~S health problem. Councilmember Libby expressed con..c.~:"with :~'/..:::-~ili~iii~as~ii~:°bbi Stre, et and inquired about traffic calming devices and wid.e..=~g the ~'d, ':~i~i~iiiii~!!:~'he County s responsibility for making improvements to the str.~. .:~i!!iiiii:?' :~i~i~iiii!i~::~::~i~::~::~i::~:~ .... Mr. Stump explained that sta~i~ disc~d the ~ier with the County, noting that the ;.........,..:..::::::::::::::::::. ....,.,v.... road, after a...certain point,..~:~in the ~~;~ii~::diction. At the time the City annexed the prop~i~::annexati.~ili~.[:i?=~i~e road ~iiii~ii~ur. As part of the project, staff would pursue.~~.n of t~ii~iiiiiii~e expl~:i~::i~i~'at the Plan calls for a separate bicycle and pedestri'~:.~...!~.~i,n th~;~~i!i!~ig:...h..t-of-way, along the south side of East eobbi Street. There would~".~!ii~i~!nent~~~iiii~?:i..taking of property, since the right-of-way currently exists. There..:~iii~;:?:~Do pr6~ii!::~'0r traffic calming devices similar to those on Clara Disc~[ion by Coun~ili!~ii~ii:~ff followed with regard to the feasibility of widening East Go...~"Street and dev~l~g the Park in phases as funds become available. ilmember ~in advised that, as a park advocate, he has concern that the Park ii~..k., tacky..'.[..f...-~.i.~ii~"completed in phases. He discussed grant funding and felt the Plan ~~iiiii~ii~~?=grand and imaginative. He preferred to do nothing until funding' is ~~i!~ii~plete the entire project. He discussed the need for funding maintenance, security, and needed personnel for the new Park. Mr. Stump explained that the City would not receive the grant from the Coastal Conservancy for the project if funds are not used within a short time frame. November 17, 1999 Page 11 of 21 Discussion continued conceming the Concept Plan and it was noted that the Plan can be revisited, and changes made, at any time. Possible funding sources for the project were discussed, such as private donations, and the possibility of a budget allocation during the next fiscal year. Richard Retecki, Project Manager with the Coastal Conservacy, explained that the $1 million grant money was specifically targeted for river park improvements and must be incumbered by June 30, 2000 for specific projects. He discussed various projects which the grant is funding. He explained that approximately $100,000 is allocated .for the Gobbi Street Riverside Park project. If this money is not used for this loci., tion, t~!!!~nds will go to another city. He explained that the grant money came from a bo '~iiii..n..iti~i~e, specifically to the Coastal Conservancy for four different rivers w!~!i~:::.the C..-.:~ii.i~ne. An unidentified man inquired if the soil has been te~i~ in the :~:':~i!~ii~wer Mr. Stump reported that no core sampling has oc~..'.e......d.,::.:~ever, the ~~~::'have recommended that this process be conducted prio'~ii~iii~lopment in a sp~i~:~'area. Motion carried by the following roll call vote: ~'~?~~i!~..embers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmemb.e.....r..:ii:.Baldwin'::?~~~:: None. ABSTAIN: None. Councilmember Libby stated for the.::~~ili~t she i';iii ii i:: :Yes" on the Motion because it is a Concept Plan in a vision.::~ii::~'"~i~.i~iii~t mon..~iiii~sed for the fencing is necessary in order to go forward with ~::'Park 8b. Adoption of Resolu~ii!iiiilElimi~'tinc~ O~?-Street Parkinc~ St)aces anti Establishina a No-Pa~::'Zone::~i'North..:~te Street 290 Fe~t Sc~utherly and 255 Feet N~rthed.¥..~::o~i!Ebw Ga~~sh!..-:.-~et Interim ~~or of P..~iiii~.':Orks B~iii!i~i~d that the Public Works Department is reques~!!i~~ipn oi~::~i!i~i~.n ext~:~¥~:'No-Parking Zones on State Street to allow a shift of'{~i!~ii!i:...ne st~ii~ii~,e lane striping in order to add new left turn pockets. The project"~~ii~ii~=..a, ccor~:~i!~?~i!b., two phases, which he explained, as per his Staff Report. The.;.~~i!i~.i.~.eerir~iiii~:mittee voted unanimously to support the extension of the No.~~:~:~~i~ii!~m~date improvements at the intersection of North State Street.,~" Low Gap:~i~~sh Street. The extension of the No Parking Zones would elimi.~ a total of 15 ~~iii~paces on State Street. This project has been identified in ;:~:':'"::-~' ~ th~iii~tty s Fiscal Year:.~i~9~/2000 budget. ~i::an inquiry b~ii~yor Mastin, Mr. Beard advised that the first phase of the project ~~ii~..ude....~ing the lane lines and noted the signals are currently operating a two- ~~iiiii~t'ion. The ultimate ability of the intersection would be that in the future th"'~:.'~ii!i~~:~e left turn lane pockets on all legs of the intersection and be capable of having the left turn movements operate independently of each other at four separate times. It would also allow for the movements on each leg of the intersection to operate independently of each other at four separate times, thereby creating an "eight phased intersection". This would be similar to the Perkins Street/Orchard Avenue intersection. November 17, 1999 Page 12 of 21 The second portion of the first phase would involve the installation of the loops in the street, provide necessary wiring back to the control cabinet, and the additional necessary equipment which will sense what the loops are picking up. Upon an inquiry by Councilmember Libby concerning the businesses on State Street and their parking accommodations, Mr. Beard responded that all of the businesses on State Street have off-street parking available, with the exceptions of D & G Electric and Crafts, housed in the same building. He noted a driveway leads to the rear of the building and space is available behind the building which is not used for parking at t~ time. He explained various aspects of the project by displaying a map of the..~..rea w..i~!ii~ overhead projector. Richard Shoemaker, property owner of Green Lion N..:~~ Iocai:~ii~ii~ii~rner of No~: State Street and Brush Street, explained that he.:~i~s been businesses along state Street and Brush Street W.:~. are o~'ed businesses were not aware of the project when iiii!ii~:~0re the Tra~!i!~~~ering Committee. Property owners were given notice of tl3:~ii~~:.on November 1":~i~:~::~"999, an, d some owners received phone calls. He explained th~!i~iii~.'.e.....way near D & G Electric s building is only one car wide and can only acc..e~~iiii~::~.cars in the rear of the property. He discussed parking on site and on t..h..~;i'street i:;~!i~i!i~ii..b....usinesses on State Street. He felt that a piece meal approac.h....~it...~ii~:.:C.t the C;:~~i~ problem on State Street will not allow the City to do the pr.o..~!!!~i~!?~i~?~:Ow Ga~!i!~ad and Brush Street. He distributed photos to Council of Pot.::~ii~'~ on:~:~~{:i:~!~:.:t.:~:~' recommended Council complete the entire project, rather th~;"a Discussion of the project cont.[~, foc..u.~i;'hg on tr.~ic circulation in the area of North State Street, Low Gap Road, ~::§"~ush:::~!!i~et. T.~i?~rning radius on both sides of Low Gap Road was identified a.:~.:?~quate,..i~::~.~...r:.,..~.~:~rd explaining that all four corners of the inters~:n would .[~~ili~n incr~~?..".~i~g radius. Eric L~ii!ii~ii~J. ara,"~ii~~::~.pinion that, until improvements are made to the Orrs Creek Brid~iiii~!i~onse'J'i~!ii~'~.~orhood will continue to feel the impact of increased traffic as vehi~i~~ii~., and '~ii~' Low Gap Road area through their neighborhood. He felt th~iiii~iiiii~~::~:~!.eft t~~' lane on State Street would place a burden on the Wagon~{~'~s neigh'~ii~d encourage more traffic. He recommended Council delay the p...[~ct until neceS'.'~§~i~i[~rovements are made to the Orrs Creek Bridge area. ..::::::::::::::.-' .:::::::::- L~ Foster agreed:~i[h Mr. Larson's opinion concerning the impact to the Wagonseller's ~.borhood and t..~i::~-~ncreased traffic in the area. At the present time, she finds it difficult {~i~:..a south.~:~l left turn off of State Street and onto Brush Street. However, if a left ~.~ii~iiii~iii~~d, she would use it. City 'M~i~ager Horsley explained that the major concern is with traffic traveling north and turning left onto Low Gap Road. The proposed left turn pocket will hold five cars and will allow two traffic lanes traveling north not to be held up by cars turning left. She explained that the project was originally valued at $350,000, but bid at $759,000 in 1996, which is a major project. By suggesting these left turn lane pockets, it will alleviate some problems November 17, 1999 .Page 13 of 21 at the intersection. Mr. Shoemaker exPlained that Mendocino Council of Governments (MCOG) contributed money to the 1995 project. Although the bid was $759,000, he was of the belief that 50% of the funds were allocated in the budget. He was of the opinion that improvements to the intersection will assist small businesses in the area. The importance to the public regarding traffic safety at the intersection was agreed upon by staff and Council. The alignment of the lanes Was discussed by Mr. Be~. MIRC Ashiku/Libby adopting Resoluti°n.2000-20 eliminating o~t.-[e.~!i!~rking spaces and establishing a No-Parking Zone on the east and we~ii!..s..jdes ~i~~iii~tate Street from 290 feet southerly of Low Gap Road/Brush Stree~ili~iiii~::~5 fe~iiiiii~~y:.' of Low e~.p.: Road/Brush Street. :,::::~::::?:~' .... .-..::,~? "::~':,~?:::~?:~::~::::~?:,~ ...... ..:,~?:::~ .... Mayor Mastin expressed concern for D & G parking and how it will affect other businesses in t~i!~ii~;:.. ':::~:~::::'" Deputy Director of Public Works Seanor advi~::il~ii~!i!~:..e with one of the-Ceja brothers who plan to install a tire shop at the co.r.n.'.'.e..r of St,~ii~~ii~and Low Gap Road. They will have adequate parking on site and:~i!i~p:,ortive Motion carried by the following roll .~ii:'~::'vote:;iiiii~~iiiii!~.o..~i:imembers Smith, Libby, ..::::::::::,.;.:.:.:.:. =============================================================== Baldwin, Ashiku, and Mayor Mastin. ~i~NOES: N~he. "~SEN~' None. ABSTAIN' None.. .::!iii::.:..:ir ..::ii::i::i?' :::::::::::::::::::::::::::::::::::::::::: ..... .... ~!::.?:!i!i!::i~:' ..::!.:.:i!i!.:.:~i!!!!~i!? ..:::::::::' .:i:!:!:!:~ 10:13 p.m. - Recessed ....... :::::::: .............. ~:' · ..:iiiiiili::::ii::ii::!iii~:~::' ' 10:20 p.m. - Reconvened "~*~*~*~:~:~ .... ':~:~*~:~:~:: :::::::::'" ,.:.:.:.:.:.:.:.:,- ..:.:.:.:.:.:,:.. ..:.:.:.:.:. ,-:::., i~!!~!!!:: :::::::::::::::::::::::::::::::: =========================== NEW ..;~iiiiiiiiiiiiiiiii~iliiiii~i~iiiiiii ::::: .......................... :: .................... :"" · D!~~[o..n of'~~::!::~..o.r Clty'Pai~cipating in Wildberuer's Market Assista~i!i~iii~age~!i~i~i!~.rted that, in response to comments from Mary Hiatt, proprietor g:~~.r's M~:. '".~ii!!ii~ii~e November 3, 1999 City Council meeting, he met with Ms. Hi~[~?.":.~iiii~~~::..her ~~~s. He noted the problems she is having with her current I~:i~a/t:~iiii~ger~:6:nt, as identified in the Staff Report. Ms. Hiatt has recom~ded the C~ii!i~i~ the property through eminent domain proceedings and poss..i~ lease the pr~~ii~t to be run as a market in order to maintain the historical si~i~nce of the ma~?~hich has been in place for over 100 years at that location. ~i!~ttomey Ra~!rt explained that he conducted research to see if eminent domain ~ii~...used..t.o...~ii~uire the market. He advised that the power of eminent domain may ~iii~~i~!i!~uire property only for a public purpose. The issues involving this type of:':'~i~lf~"would include preserving a building, or use, that has historical or cultural value to the community. He noted that the Wildberger's building itself does not have architectural significance and is not included on the survey of historical buildings that was completed in the City. However, the use of the building as an old fashioned grocery store, may have historic or cultural value to the community. This judgement would need to be made by Council. There is a question of whether the City is proposing to acquire and November 17, 1999 Page 14 of 21 facilitate a private business. The fact that the City would be acquiring the building to lease the property to a private person to operate a private business would not necessarily result in a finding that the acquisition is for a public purpose. The City should be able to show that the project is located to promote the greatest public good and the least private injury in that the goal of preserving the historic use in its historic location can only occur at the current location. He advised that once the City establishes its right to take the property by eminent domain, it must comply with the procedures set forth. He felt that using the power of eminent domain in the Ukiah community would be a very aggressive action for Council to take, especially if the property owner was unwilling to sell, and th.e., City had to go through legal proceedings to acquire the property. He discusse, d the ~:~tion of the .:!:!:i:~:k-. ,.::!:~:~:?' Ukiah Redevelopment Agency and the preservation of the pow~i!~.f.:, e~:~nt domain in · .:~:i:::.':::k'::':i:::i:.::i:!::.~-.;:!::':!:? extreme circumstances ..... ?.i::~, ...... Mary Hiatt advised that the business will not make ~"ey and..,~!i;~~!i!~...o..rd the..~i and utility bills at that location. She discussed the oi~iii~pplia~:"and energy efficient at the market and how they use m0~i!~l...:e..:..c...~'{y than thereby causing increased electrical bills. She felt'~ii~i!~iiii~..rtant to sustain'::~{~:~'istorical nature of the market, however, it is costly to make t~i~~.ry improvements herself. Discussion followed concerning Ms. Hiatt's issue.s.'.::i~!~ith h;ii!~i~i~!~bigh utility bills, and the use of public funds to sustain a private~::i::::~i~ss. Tl~:~iii~i~ii!~t~orney discussed severance damages, evaluations, and a .p.:.~i~iii~iiii~i~.p....:ropert~!::i~sociated with eminent .........., ........... ========================================================= ..:~!::i!::i~ .... ::??:iii? ============================================================== Although Council was sympatheti~::$...~!..Ms. Hi .a...~!~' situati~?~:~y declined to take any action ,.....,... ,::.::::::. OnNEWtheBuSiNESSmatter at th is time. .... ~::.. iii~i::iii?~:::?:?:::::::::::::::~*~:~:~:~:~*:~?:i!::i~!i!i!iii!ii~iiiiiiiiiiii~i~i~i~i~!i; ........ .:.*.'ii!ii!i!iiii''::~i!~!iiii:'*iiiiii:;:~:~:~:~-?:::i::ii~ii?ii Be. DisC::'~sion of t~i?~r~h Stre~!~!~~!i~' Mayor ~~i~i~.,...[~rte~ii~i~i~d Cou*'~i~'~:mber Ashiku were appointed by Council to meet wi'{~i~~.i...ttee '{~~i!ii~::.-:~...tb. e Board of Supervisors regarding the Brush Street Triangle w~i~!i!ii~pas,~!i!i~~.i, mately 95 acres. He described the area under consideration.~i~i!f~ted ~ii~i~st side of Highway 101, north of errs Creek, east of the No~~iii~B~::Rail~d right-of-way, and south of the undercrossing of the railroa..d.:iii~'"~d Ford ~!ii~ath Highway 101. The area is located north of the City bou~ in the unin~~::'area of aendocino County. He discussed the construction of ~RT and a mitig~ii~n the project which involved construction of a bridge across O~iilCreek with the e..~nsion of Orchard Avenue to Brush Street, and from Brush Street t~i~~te Street. ~il~ii?~!!~'lara Avenue, advised that the items mentioned by Mayor Mastin were n'~iii~~7~:~'tigations at the time of the project construction. Mayor Mastin advised that the committee met on three occasions with City and County staff members and that he and Councilmember Ashiku met with Supervisors Delbar and Lucier to discuss options. They reported to the Board of Supervisors the results of the meetings, and he took exception to some of the things they said and in the way they November 17, 1999 Page 15 of 21 presented information to the Board of Supervisors. During the second meeting, the committee looked at a 20 year or 25 year tax sharing agreement if the City annexed the property. The existing property tax would continue to go to the County. Out of the sales tax revenue, the City and County would back out their expenses, then split the remainder on a 50-50 basis. The City felt this was a generous arrangement, however, the County felt it should be in perpetuity and that they will have large on-going expenses. In the end, the members agreed that in order to work out the tax issues, they would go back to their governing bodies to see if there is interest in going forward in hiring a third party analyst to provide numbers (dollars) in which to work with. It is his understanding t~.t the Board of Supervisors agreed to this option. There was discussion by th~i::..comm.:.i~"of splitting the cost of the analysis 50-50 by the City and County, but had ~i!i.s.e.~:bd an analyst. The City of Willits has offered to be a third party entit~i::i!:t....~i~..:f, ind t~iii~~t. Councilmember Ashiku explained that the analyst.~ld iden...~:t..:i~ii¥"~ii~:..s...:..that be deemed billable, such as the impacts on the Cit~i!i~."".nd Cou~ bud~!i~~i..-.~~)ut occur on the property. He noted that out of the ~L...s..al~::'tax already receives 1.25~ of the 7.25¢ total sales tax ~~i~:.:within the City I:[~i'ts. There is discussion about the Brush Street Triangle bec~iiiii~iiiiiip=..:...r, operty rightfully belongs within the City's jurisdiction. The reason being i .s..~i~At"{~i~i~.l.~pment will significant!y impact the City of Ukiah's services and traffic;i'i:~.~::"With '{~iiiii~:..~y not in the City s jurisdiction, the City has no means to mitig.::..a..:t.:~i!i.li~.~.i.i:mpacts'::':':"~!.ii:.~i!~es or control over development of the property. He discusse.d..ii~?~~i~.t~.~n of th'~i~i~'chard Avenue Bridge and road to the north to provide .................... to '~~i~.eet ..... ~" discussed traffic in the through.:,~ffic ...................................................... Wagonseller's neighborhood and tra~i~"impa .c.....t.:~i!:: "~:~:~iiii~iiiiiiiiiiiiiiiiiiiiiii!iiiiii? .... Mayor Mastin noted that, at on .e.?~i~t, a C~:~ty com~i~ittee member said that they didn't ::::::::::::::::::::: :.::i:::::::~ ;:::::::. need the City, that they wou~!ii~'ild the.".'~iii~ridge a~::'the road, and that the City would receive nothing. Another fina[ii~temer~i~de .byii~::~,ommittee member was in reference -':::::::::' :':':':':':' .:::i:: :i:i:: :i:: :i::: :i::: ii: :i: :i:i!.-:!!:i!:" to the pos~!y of an i.~~~t on th~ii~~~:t'ax. He was of the opinion that the City is over.!~!iiiii~ous. "~.~ii!i!~i~ssed I~iiiii~'- matter was presented to the Board of Superv~ili~ili~bei:~::i~ili~ii~mittee and felt that the County has been unwilling to realize thaf~~iii~;..epoS~iii~~y~::to mitigate traffic concerns for a neighborhood in Ukiah, not to d~~ii~...e... Bru§~iii~["Triangle for the County. Counc[~~ber'~~i!~[a. in;d that at risk is the potential for losing $250,000 from · KUA~;'to build the '='~~?He would appreciate good faith negotiations by the two Su~isors who serv~!i~'~i!i!~ublic and sit on the committee. .;~i~i~i~ii!ii~i: ::!:i:i:i:' .;::::::::::::::::, .'.'-'.'.'- ..:,:.:.:.:.:.:.:.: ..:::::::::: ~~rd Shoemak~?~hairman .......of the Board of Supervisors, advised that he is recused ~ii~..cussing..~!ii~atter due to his ownership of property within the designated area and i~i!~~i!~i~~:;any messages from Council back to the Board of Supervisors. Eri~~~', 123 Clara Avenue, explained that the'designated property is located within the Millview Water District and it would be problematic for them to provide water to the site. Should buildout occur, the City may need to make a decision regarding providing water service to the area. November 17, 1999 Page 16 of 21 Senior Planner Stump reported that an EIR was prepared for the bridge which contemplated growth inducing impacts resulting from the construction of the bridge. Staff looked at two traffic scenarios, one involved buildout consistent with the City's General Plan land use designations for the site, and the second involved buildout under the County's current General Plan and zoning for the site. Both would pour traffic into the City of Ukiah. The main property owners have indicated to staff that the Orchard Avenue access to the site is crucial to the development of businesses in the area. He discussed the impact on the Perkins Street/Orchard Avenue intersection with buildout of 95 acres to the north. The EIR cited several unmitigated impacts, as well as suggesti~ mitigation measures such as hook ramps onto the freeway. Caltrans is oppo...~, d to ~'a measure due to the cost. From a planning perspective, it makes sense for t~!i!~i.t.y......~iii~ntrol its own destiny. He stated that the EIR has been prepared and..iiii~.., read~!~ii~ification. Staff is waiting for the completion of negotiations with the C..o..'~i Extensive discussion of the matter continued. Exp.~es in~~l by should it pursue annexation of the property as well ~ii~he.:..mj~¥~al expens~i!~!!i~ii~-~'unty. City Attorney Rapport discussed details of the ':~~:~:~,~::..with:::::::::::::::::::::::::::::: KMART, which was finalized in 1997, and the status of the money th .e..~iii~e~~ii~:~::.the construction of the Orchard Avenue Bridge. He also discussed th..9.:ilimprov~:~....... ~ii~!.j. ned in the KMART agreement with the City. ..::::~ili::iiiii~ii~?~ili!?~iiiii?~i~i?~ilg.. MIRC Ashiku/Libby directing staff ..:t.:~?~iii~:;;Bpa~".:..~!iiiii~i?ii!ii~.n....d.:~ii~!?ietter to the Board of Supervisors stating that the City C~:;:il is i~iii~g~!~~iii~i~:~ the concept of hiring an analyst to assess the fiscal ramifications of ~:"prope'~::ii~:~:ried by the following roll call vote: AYES: Councilmembers S~[~i!; Libbyii~!i~Saldwin,::ii~Shiku, and Mayor Mastin. NOES: None. ABSENT: None. Aas'r ~":~!~::"None..~i~ii!i~i~0unci!.~ber Baldwin noted the vagueness concerning the qualificatio..ns,~d cost ~i!~e. se~{E~s of the analyst. Sd. ~:~i~iiii~e~)ort"~:~~i~. the Orrs Creek Habitat Enhancement and Flood during the last budget session, Council allocated funds for....::~ii!~d~i~i~i~ii!i~uld J~k at the possibility of melding the goals of habitat enhan~nt of Or~Jlii~~iii~ith flood control practices. The City had received some comp.....[~ihts about how ~:_____ ~i!~ removing gravel from the Creek and staff has worked with the~i~partment of Fis~i!~'"Game on a number of measures to improve those practices. C~cil felt that it is:~portant to be able to ensure habitat enhancement of Orrs Creek ~iLcontinuing to ~ice flood control measures. In April of this year, the City entered ~ii{ii~iiiii....co. ntra .ct....:::...~' the planning consulting firm of Brady/LSA to prepare a Habitat ~~:~d Control Study for Orrs Creek. The Study was prepared with the ~i!~ity staff, the Mendocino County Water Agency, State Department of Fish and Game, Alta California Associates, and a number of interested citizens. The study focused on the area of Orrs Creek between Bush Street and State Street. The purpose of the study was to evaluate the history of the Creek, and determine if removal of the gravel was necessary to control flooding, or if there are alternatives that would not damage the stream ecology and riparian habitat along the banks of the creek. The study also November 17, 1999 Page 17 of 21 suggests ways to repair and restore existing damaged areas, and how to provide limited public access to the creek. Gravel removal may not be necessary, in order to control flooding. The Study also made recommendation to narrow the channel below the bridge to force the water through the Oak Street bridge culverts at a higher velocity, which will limit the amount of gravel that accumulates. The Study concluded that the City should monitor the situation closely and repair areas of bank instability with a native material revetment design. In the long term, the Study suggested that the City might want to pursue widening of the ex[.s.:t, ing access easements and the possibility of looking at developing the property~=~abov~.::~=:"Oak Street bridge, which the City owns, into a small public place. He advi~!ii~...a.{.iii~i~ill not be too costly to implement many of the recommendations of the:~t.u, dy. ~ii~~ is the first step in implementing critical creek planning work that is ~~"~d by '{:~iii~~.a....I Plan .... Mayor Mastin advised that he is very impressed wit~iii~e Stud~ii!~d felt the plan is achievable.. ~i?~iii~?~?:::~:~ ............ ~iiii~iiiii::~ ...... ~::iiiiiii?~!iliiiii~iiiiiiiiiiiiiiiiiili!!ii!iiil Mr. Stump noted that City staff has developed a g~ii!~i~ii~.n..ship with the Department of Fish and Game, Mendocino Fisheries Project, aq.,d....ii~i~'~!i::~~!!~g, anizations are pleased with the City in fulfilling the direction of the Gene.r.'~l Plan. Upon an inquiry by Councilmember B~i~iiiii~~rning"::~!~:~ space behind Dr. Barrington's office on North State Stree.t:'ii!~6d if iti~iii~::~..c...O.9~i;dered for public use, Mr. Stump responded that, although the~perty::~s '~i~i~ii~i~i~taff, detail of the property was not pursued in the Study at thi.~ii~'me.' .:~? .... !i?~?:?:ii::ii~: .... ...:~i::iiiiii::ii::i::::::::ii::i? ..::~ili::::i::i~:: ' Consensus of th® Council ~iiii~:g recei;~ the r.e.::~ regarding the Orrs Creek Habitat Enhancement and Flood .C....or~l Studyi~i~!ii?~i?:~ ...... ~:~iii::?~i?~i? Bf. ~',ii!.the T~~~ii!:.&~:,::$1,22_9,5.84 from Fund 801, the Electric Revenue Fun~!ii~!{~::l~00. ~i~~..Utilitv Operatina Fund, and Authorize a Budc~et Amend~i!iiiiii~':~[.. Pa~~i?~to the Geothermal Bond Escrow AccoUnt Es~~i~ii~Nort~n California Power Aclencv Direct~i!~f Public advised the Northern California Power Association (NC~:' has authori~iii!~?establishment of an escrow account that will allow the d~ance of $25 mill~ '~:'Geothermal debt. Ukiah's share of this defeasance would be $.~!ii~9,584. UndeE~iii~e Third Phase Agreement for the project, partiCiPation in the ~.sance is re~d. NCPA currently has $25 million in 1987 Series A geotherm,al ~iii~ich ~i~!{~ure in the year 2008. The defeasance will reduce the City of Ukiah s ~iiii~~!~'"'iSy approximately $62,000. In addition, it will eliminate the need to pay o~i~!i~!i~i~ of the bonds in 2008 of $1,350,000, saving the City of Ukiah an additional $12O, 000. Councilmember Ashiku advised that the City's participation is mandatory,. He noted that this is one reason for the City to have reserves set aside. November 17, 1999 Page 18 of 21 Upon an inquiry by Councilmember Libby with regard to the transfer having an impact on the City achieving market, Mr. Bames .explained that staff is of the belief that it will not have a significant impact because the annual payments that we are saving through 2008 will off set most of that money that we am paying up front. The year 2008 is the time frame that is already passed where we have projected to be at market. He discussed the City's finances. MIRC Baldwin/Smith authorizing the transfer of $1,229,584 from Fund 801, the Electric Revenue Fund to Fund 800, the Electric Utility Operating Fund; Authorizin.g.~. budget for aCcount 800.3702.214.001 in the amount of $1,229,584; and ~.thoriz.i.~!i~:'payment of $1,229,584 to the Geothermal Bond Escrow Account estab.[.i.'~?~"::the....._.~.~.~.~.~.~.~.~..:.-. Northern California Power Agency; carried by the following roll..:~.E, vote:~ii~~iil;~ouncilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Masti.n..~!iiiiiiiiiiii~ES: '~iiiiiiii~SENT: No~.-'?: 8g. Adoption of Resolution ArnendinQ Proced~i!!~!i~nduct for the ~' Council Meetinas for the Citv of Ukiah - ' .... ~iii~!i?~ili!iiiiiiii?!!iii!iiiiiiiiiiiiii!iiiii::~ .... - City Manager-Horsley explained that over the..-~rS?~~ii!ii~esolutions have been adopted establishing and clarifying procedura~..g.:u.~...d..elines f'~!~!!~..duct of City Council meetings. Staff has combined the various pq[.i.~i~ted by ~!!i~:./~lUtions into a more useful and easily understood d~cum~n!:.....~i~i~?~!i!i::~?:~!i~?~!:i:~:i:i:i:~?~:i:i:~:~ii:i::~:~:i~:: ..... ~i??'' MIRC AshikulBaldwin adopting Re.:~iUtion::~b0-~::~iiii~~i~ng Procedures of Conduct of the City Council Meetings for.~iii~ity of..::~'iah. .:iii!i? ................. Councilrnernber Libby calle.d.'i!i~i~;ntion~i!i~i!iPage Rules of Debate, B. Questioning the Staff", a.~d noted that.::~d~il has b.'~i~b[~i~i~::"ask questions of staff, directly, rather than goi~ii~..O..ugh th.e....iii~i~r otheri~i!~'bers. City At~'~~i!i~.p..ort"~~ii~..h. at staff has not changed the substance of previous r, solutions,":' iiii ! '.e.i.y co~i~a!i!ilihem into one document. Staff did not take the opportunity.:...:~!ii~~iii~,e ru'J:~iii~i'ch Council has already adopted. Council has the opportuni.~ii~":':~d~5~t':~ili~sed ~solution and then amend the resolution at a later time. Dis~"ion followed c~~ii~g the history of the Council's meeting rocedures, as well · ':::::i:i:i:!~' ::::~:::::: ':::::i:::.'" P as.::ii~.............., role of the Cit~ii~M~'nager in the past. The process of amending the proposed ~lution was discq...~ and Councilmember Libby advised that, upon review, the item ~ii~e 5 is the O~?:change that she recommends. ~!i~~"i'dwin to amend previoUs motion' to include changing page 5, III. Rules of~:~~!i~::::' ~uestioning the Staff, to read: Each Councilmember desiring to question City Staff shall, after recognition by the presiding officer, shall address their questions to the City staff; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS November 17, 1999 Page 19 of 21 8h. Discussion and Possible Cancellation of December 1, 1999 City_ Council City Manager Horsley advised that Senator 'Wes Chesbro is coming to Ukiah on December 1, 1999 and would like to address Council regarding the legislation that he has initiated, and to receive input from Council regarding their concerns. He is scheduled to arrive at 5:30 p.m. on that date. She proposed that Council adjourn the current meeting to December 1, 1999 at 5:30 p.m. Discussion followed concerning Mr. Chesbro's schedule on that date and t~ amount time he would be available to meet with Council. :&. .... :.:~!i!i!i!?;'"~ of :::::::.':::::::.':.. .,::::::::::::.' :::::::::::::::::::::::::::::::: Consensus of Council was to cancel the Regular De~:..e..r 1, .~iii~ilCouncil regular meeting and to adjourn the current meeting to 5:30 ~[iii~i~:n Councilmember Smith had no report. He has b~ii~::::.v...~:~tion. ":"':'":"iiiiiiii!!iiiiiiiiii~iiiiiiiiiiiii?:::~ .... Counciimember Libby reported meeting with the M~~iii~....U. nty Film Advisory Board in Philo for the first time. They have been asked.:{~:~,ri{~!{~i!i~i~ance and a film permit for the County within the next six months. 'The B.9.;~..is com~i~ili~ii~i...9, people. They will attempt to obtain five sample ordinances f.r....o..~iiii~i~:.d...cities ~iii~::~rom coastal cities. She was unsure if Ukiah cUrrently has al3~ii~i~~!!~ii:: .p.:..ermit ~rding filming. ...............:~?:~::? City Manager Horsley explained ~' curre~/tl'i'~i~!i~ii.-:t:.'~!i!i~es not have an ordinance regarding filming. She would like:~.~!!:.~'eview.&~inanc~ii~uired by the Board. Councilmember Libby report~i~i~at the~!i~n Hou..s....~i?:iGuild will be having their Christmas party for the.:::Endowment .a....:~ iid. Th~iiii~!~ii~ccumulated over $1 million ,n assets. The Cha~i~f Com~~!i~!ii~volved !!~i~ii~ll Town Christmas tree lighting and the Trucker".~iiB~ii~:..r..ade:~:~iii~i~edul~:~!~::~ecember 4, 1999 at 5:30 p.m: They expect Councilrfi~~i!ii~. atte~iiiiiiiiiiiiii~ii::::~endocino County Symposium and Trade Show is scheduled f~i~~ 25-~i!i!~!ii~nd various speakers are scheduled. Council~~!~~!!~O...~ort~:?attending~®~-"'"'-"':"-::-""'-'"-:::::' ':':':':':':': :" a meeting of the Mendocino County Inland Water.,~:'Power C:~i~. and they are moving forward with the edUcational video prod~'0n. Janet Pa~:'.. "~iiii~:~irperson of the Commission, will prepare an outline for a na~ive for the prod~ti~' specialist. The production could cost betWeen $10,000 to $3~i~00. The Comm~ion may approach the City for financial assistance. He reported ~!i~e Russian R.i.~ Watershed Council will meet on November 20,1999. ~i~hiku reported the Northern California Power Association (NCPA) will h~!i~i~'i'ar meeting on December 2, 1999. A strategic planning session is planned for January 18-20, 2000 and they will pay for three elected officials to attend the session. He discussed the schedule of the session and encouraged other Councilmembers to become more involved. NCPA is also making' a legislative trip to Washington, D.C. at the end of January 2000, which he will attend. November 17, 1999 Page 20 of 21 Mayor Mastin reported that MTA and NCRA have come to terms on the transit depot property on Perkins Street and it is expected that agreements will be finalized next week. The options and purchase agreements will be. reviewed. He discussed the option, noting they can exercise the option anytime within a year, November 1, 2000 being the deadline. City Clerk Ulvila reported that she continues to work on Records Retention Guidelines and Records storage. A Notice of the Year 2000 Qualified Bidders List has been sent to the media, local builders exchanges and contractors who bid on projects during 1999. The closing date for submittal of an application is December 31 1999. She wil. Ep...resent the ' ..i~!~ii.:.::::::" Year 2000 Qualified Bidders LiSt to Council at their January mee~:..g...::~iiii!iiii:i!iii::;~ City Manager Horsley thanked those who p-artici~~~ in P'~~~. Parade festivities. It was a wonderful event. .:~iiiiiiiii?' ..::~?:!iiii?::"::~iii!i!iii!iiiii!iiiiiiiiiiiiiii!i!iiiiiiiiiiiiii~ ..... City Attomey Rapport discussed the memo heiii!i~!~i.b..:~':'~ to Coun(~iiiiii~~ the proposed change to the Redwood Business Park/"~ii~ii~.k. iah agreemen{':'~"whether that change would be considered a material change .{":'.~i~iii~.e.,ement. He discussed the amendment and noted the change would have t~iiii~'ff~i!~i~ing those fees that are waived, as having been paid. They would have t.o. ii:.ibe incl~ii~i~ii~t..h..e amounts the City actually collects from people who pay the [.e...~ii?i~iiii~der to ~~~i~ whether that total amount was more than the cost of the .p.:~{iiiiiiiii~iii~ii.t..O. tel a~'t were more than the actual cost of the project, there would .b.'~i!i::~' refu~!!!iiiiiiiiiiiiiii!iiiiiiiiiiiiiii~iiii~ ............. Consensus of the Council was.::~.t,~ the ~i~ge to.'ii~::~?*'ili~reement between Redwood Business Park and the City of U...~ is no.t..iii~!~:'materiat'iii~hange...,,,... 12:00 a.m.~ Adjoumed tO.., ~;velop~!~.t.~~ a...::~b ..... ' .ce H'6~sley .~iiiiiiiiiiiiii~i'i Emplo~iii~'tations - Department Head Unit ..:~i~ii!i? .... ii. Employ~!ii~~iations-Fire Unit -.::..-~?~ ' N .o..;ii~tion taken. ::::::::-':' ~iii~{~i~i~:'' siness, the meeting was adjourned at 1:40 a.m. to December 1, Marie Ulvila, City Clerk November 17, 1999 Page 21 of 21 MINUTES OF THE UKIAH CITY COUNCIL Special Meeting Wednesday, November 18, 1999 The Ukiah City Council met at a Special Meeting on November 18, 1999, the notice for which had been legally noticed and posted, at 9:00 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Ashiku, and Mayor Mastin. Councilmembers Absent: Libby and Baldwin. Staff present: Assistant City Manager Fled, City Manager Horsley, City Attorney Rapport, and City Clerk Ulvila. ' 2. PLEDGE OF ALLEGIANCF City Manager Horsley led the Pledge of . City Attorney Rapport called attention to Agenda er. Mayor Mastin read the aforementioned proposed "Now, Therefore, Be it Resolved." beginning with the dialog: City Manager Horsley stated with regard to b, first sentence, should be corrected to re~ ph five, item er" to "City Manger." PUBLIC INPUT OPENED: 9:07 p.rn~ii?:.' Doctors Abbey Green, forrnedy.::~?:~i~a AIl.g~;tein, U....~ah, presented her autobiography to include employment and edu~J~" cre~{'ials witbii~phasis on her experience relating to women's issues. She com~ted o~ii~ ava.ile~'~:Jity of homeless shelters in Sonoma County andi~:j, nquired wh....yiiii~ has o~iiii~~:~ed and not implemented a homeless shelter .... ~ii!~ated s~iii~s the ~~:='Resolution. Martin B~~i~i..-.,.,.Milag~i!i~iiii~iah, stated he supports adoption of the Resolution. He stated Pl~ii~enec~-:-'"~~ili~-eas ago and has, provided many meals and oth.,er necessary a~i~iii~ilip....:eopl~!iiiiiii!!~' credits Plowshare s success from the community s contribut~ii~'"':f~?~ii~ii~ed'i~e City Manager will be able to exercise her leadership ability:~i::~:~ professio~ii!i~~ise toward the establishment of a homeless shelter. He sha~:'some Plowsha~i!~:ive documents as proof of a very significant and successful c~unity effort. ::iiiii?~ ~i~i:,Buckley, D...:i~tor of Plowshares, Ukiah, appreciated the conscientious efforts ~i~!ii~a.d...e..:.:.t.~~"planning and providing for a community homeless shelter. R :: !i! Aolabehere, 740 N. Pine Street, Ukiah, expressed her appreciation to the people and/or groups concerned with maintaining community health and safety standards. November 18, 1999 Special Meeting Page 1 of 2 Patrick Bumstead, 201 Watson Road, Ukiah, as a representative of the American Red Cross Board of Directors, stated he fully supports adoption of the Resolution. He commended Supervisor Shoemaker and the City Council for their homeless shelter endorsement. He further stated the American Red Cross is subject to specific mandated guidelines and is authorized to operate a shelter when them is a declared emergency, which incorporates a local emergency. He acknowledged that an American Red Cross shelter cannot accommodate only homeless people as this organization is mandated to be non- discriminatory. Mayor Mastin noted the North State Street Fire Depa..rtment .f..~ii?.*.¢~?:!i.~i!!~ot particularly conducive to be utilized as a homeless shelter. M/RC Ashiku/Saith adopting Resolution No. 200~ii!ii~j~;ing a shelter'::~ili~i~"'~-suant to Government Code Section 8698.2 and determin~i~!~..emption from th*e California Environmental Quality Act; carried by the following .r..,..o..'!ili~ii~:..AYES:"~' Councilmembers Smith, Ashiku, and Mayor aastin. NOES: N~e. *'::~~; None. ASSENT: Councilmembers Libby and Baldwin. ....,:~i~iiii¢iiiiiiiii~i~::.. There being no further business, the..,~;~ting ~§'":~~~ii!~t 9:24 p.m. Marie Ulvila, City Clerk 4i¢iiiiiiiii?" .~::.:.. November 18, 1999 Special Meeting Page 2 of 2 MINUTES OF THE UKIAH CITY COUNCIL Adjourned Regular Meeting Wednesday, December 1, 1999 The Ukiah City Council met at an Adjourned Regular Meeting on December 1, 1999, the notice for which had been legally noticed and posted, at 5:46 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Assistant City Manager Fled, City Attorney Rapport, Deputy Public Works Director Seanor, and Deputy ~ity Clerk Yoast. 2. PLEDGE OF ALLEGIANCE Senator Chesbro led the Pledge of Allegiance. .............~;:. 3a. Discussion with Weslev Chesbro. State Sen~i~ Mayor Uastin introduced Senator Chesbr0. Senator Chesbro explained his background in local go~~i.:.:both as City Councilmember of the City of Arcata for 7 years and the Board of Supervis~A.r..s. In this past year, his first year in the Senate, he was able to get 19 bills passed ~"sign~~.0vernor. The legislature got the budget done on time and in a bipartisan fas.b.~-..:.~.r.::.the firsi~i~~ver a decade. Another significant event for local governments was th~~or put'i~~ge in the budget stating he was going to do something about Educat~i!~:~~~tati~;~und (ERAF), however, no monies were allocated. All that coalesced..i~{~'e end..~i!i~?:'~":~h $150 million down payment and a commitment to a longer term effort,~'::totally....:.,i~':~tore'"{~~ing. The degree to which local governments are affected by various ~~tion [~i'fferent ~i~en large cities and the rural areas so they need to figure out a way.:!i~i~ eq.u...i~"ble and:~i~termine which cities are in need. A constitutional amendment will b~ on t~ii~llot.j.~vember 2000, to provide a permanent funding source:......f..~..Iocal gove~.~ to offs~~i':~/ersion of monies from cities and counties. The Gover~~:..aske~~age to~~"":"fiscalization of land use and the question of whether ta~:.~.tort '~~.cision':'~king. They were able to get the $50 million buy- out of the co~~:..e..:.0kin~:~jyed public library grants, and $100 million to continue COPS funding. ~~~ that'¥~~r cities the COPS allocation does not provide enough money to pay fo..:.~.:..,~ii~' fut~~rs he will establish a minimum funding level that would assure that ~~'~ on~~~..e..~ ca~ be hired. They also included, on a competitive basis, $30 million in:~i~-time equil~i~~~tocal law enforcement agencies on a competitive basis. He carried ~ii~rk bond measu~::~'clude local government funding needs for development of park faciliti~n the north coa~ii~o':~erve tourists so that we are not just acquiring resource lands but we a~so developing .t..~m for local access to keep the tourist in our communities longer. The per ~-.:.:.funding for ~Oity of Ukiah in the Park Fund will be about $110,000 and there are also com~~.0...n..[.e.~ilable for which Ukiah can apply. Mendocino County is eligible for about $55~i~:~)nd monies. Those can be used for everything from the habitat (creek restor~~:~etball courts, or youth centers or recreation facilities for young people. Councilmember Ashiku questioned whether skate parks would be eligible and Senator Chesbro answered in the affirmative. Senator Chesbro continued to explain what competitive monies are available. There is $25 million for public access projects, $20 million for coastal salmon habitat improvements, $10 million for December 1, 1999 Page 1 of 7 ancient redwood protection and oak wood protection, $10 million for urban forestry projects, and $150 million for the Coastal Conservancy and coastal watersheds. They also approved a $2 million water bond measure, which involves money for clean water, water supply, and restoration projects. He noted SB291, which was a bill to direct federal and state salmon restoration funds, failed this time. However, it is a two-year bill and will be readdressed. The federal funds that have been allocated, and signed, include $9 million for California for restoration, so it is possible that SB291 will be broadened to include the bond monies for fish restoration that is in the park bond and water bond. They further expect more federal funds to come in future years. He is a little frustrated with the Governor and legislature's lack of understanding of rural issues but he continues to educate them and work on behalf of the rural areas. Sacramento gets the ~:."bang for their bucks" by spending the money where there is higher population, but ' ensure wording is placed in the legislation to take care of rural areas. He fee. Is thedoing a good job, and his moderate approach to things is bipartisan and pretty well together on issues. Virginia Strom-Martin's bill to establ ral Cz e Agenci¢!~was signed, and that will be a good education conduit to th, Mayor Mastin invited persons from the audience to Chesl Eric Sunsweet, Potter Valley, noted he appreciated and expressed concern regarding Sacramento communities. He noted he was published in the articles that had appeared on lymes dise~ general. Subsequent to that, the Sene1 requested an update on that. He noted he regarding the toxic levels of methyl merc~:"in fisb~iiii~:"La Water Resources Board and local Bo.,~~ve su~:~:essed in the testing. He distributed copies of that material to the Coun¢! ...,!~?;" -;:~::::::::-'"' Senator Chesb.,ro indicated .b...'e..~::.h~?a bill, ned by the Governor, to create a Lymes Disease Ad~!~:Comm~~i:n the ] of Health Services to help develop public education ~ii~~ati0~~..u.t the that there are new treatments and vaccines available. ~i~!...:.:.~::. "~~.~~..... Donna McDona...:!~:~~~?.d sh~~::'io Ukiah in 1996. She expressed concern about putting money into P...~§:i::"~)"~:~~iii~he ~'~:'n/much enjoys them, because she feels parks should be seconda~:..~iii~eeting the"~~he homeless, addressing rent control, crime, and building and maintai~ the roads, sid~i::"and bridges in the area. Pete~hardson,~i Gene~?Manager of Rainbow Construction, Ukiah, welcomed Senator Chesbro to U~d-le spoke to,..~ bill that changes the notification requirements for the bidding process by ~i~i~g:...e. nci.e..~~' indicated the City of Ukiah is very good about not doing this, but many publ~i~~:0t get the information about a bid out until the last minute and by the time contr~i~~out the project, the walk-through has already taken place, at which attendance is mandatory. It deprives the public of a little more competition which would result in more facility for the dollar. He introduced Ken Vender Stoep, Project Manager with Rainbow Construction, who is in attendance with his Scout group. to talk to Senator Chesbro, ~cational needs of rural clarifying some y of vaccines in look into the issue and Anderson Valley Advertiser and whether or not the State Mike Moore, Boy Scout from Ukiah, asked if a skate park could be built in Ukiah. December 1,1999 Page 2 of 7 Mayor Mastin advised the City has been working on the skate park issue for quite some time. Assistant City Manager Flad advised there is a committee of local adults and young people who have been reviewing several sites for the skate park. One possible site is near the High School on Low Gap Road. Another is in one of our local parks. The key issue after selecting a site is coming up with money to build the facility. Fortunately, the legislature has passed laws that have taken some of the liability concerns off of cities. Mayor Mastin advised that Justin Capri, of the Skateboard Shop, is representing the skateboarders in the community. He is currently completing a presentation for...,....~.:.e neighborhood meetings. ~...~:.. ....:~...::~?? Mary Buckley, Director of Plowshares, thanked Senator ~~ro's~~~iii~axing her a cQ..p, y of the legislation to address homeless shelter infrastruc~i~¢'"':::"~unding,~~ the Uki~i?City Council passed a resolution declaring a shelter crisis~ich allo.¢i~ having to go through the Use Permit process. It still been closed everywhere they have turned. She thanked CoSi~¢~':'~enator Che~¢~!~¥~eir efforts in this regard. ":~ii~i~i!~i~%,. '"' Senator Chesbro indicated he will do his part at the'-'~te':i~~~!~p the local jurisdictions to make it easier for the cities and counties to addre..s.....s..-...:i.:.t:~...e.., probl~~~..-.-.ultimate decisions and solutions are local. ~i!iii!iii~i!iiiii~::,,.. Donna McDonald inquired as to funding ¢~ ava!:~i~ii~:"; walkways, and bicycle trails in Ukiah. She noted 10,000 to 20,000 a~'~ional ~ple"~-:'m outside the community every day, which pollutes the air and make~'.~ road..s..:i!i~ore un¢'fe. There are many places that need repair in town. .::ii~ii~?~iiiii;~''''' .~iiii::' Senator Ches~o noted tha.t.~ff.....:iiE~'F mon~~~~:~ed, the cities would have more money to improve infr~re pro~:. ..................... ~!.ative t~ii~""~'ansportation funding that is adopted for that purpose, th¢~;i~mpeti'~~!s in S~:~'~'"~ento and there has been a deadlock about what to do at this ~~tor B~ii~;iB:roposed a constitutional amendment which would lower the threshold for~~~...s for'i~~~ion improvements. It has the support of the business community and....,:~:...[:~~ent~"':i~i?~{here is a small group of Assembly members who are holding it up ~:~'~'"i'{~:~~![..e...........two-i~irds vote to put a constitutional amendment on the ballot. Secondly, ¢;~e is the po§~J~!¢~tablishing a state level sales tax or using some of the existing sales ta~i~?:give part of the~~;'"back to local governments for road projects. Additionally, there is a tra¢~ortation bond th~ii~o~:i'd go on the ballot in November 2000, which is what the Governor Jos~ii~ii~kiah, [~~ed he lives on Redeme er Road and he can't ride his bike becau h are ~!E~'.-:Re thinks the speed limit should be lowered, it is 25 mph, and people go 50 mph. ":::"~~~i:~o like to see campus cops at Pomolita School because there are people doing and selling drugs and other things that the teachers cannot catch. Mayor Mastin advised Redemeyer Road is in the County and so they have jurisdiction over issues such as sidewalks and speeding. Senator Chesbro advised the legislature did approve funding for public safety at schools and December 1,1999 Page 3 of 7 originally the Governor proposed it for guards or metal detectors. In an attempt to give more discretion to the local jurisdiction, schools have been given authority to use the money as they desire. Some have chosen to use it on such things as conflict resolution counseling programs. City Manager Horsley advised the City is working with the School District to try to share the funding for an Officer's time. Councilmember Smith noted the League of California Cities is one of the organizations the City relies upon to advocate on its behalf and questioned whether Senator Chesbro was familiar with their stance on issues since he saw that he had voted in opposition'S,:-the League's recommendations in four out of five issues affecting cities. ...,i!!ii~?:. .4¢!¢i? Senator Chesbro explained he tries to vote in favor O~at th~~,:.or California State Association of Counties (CSAC) asks, but he cannot say~~cross t~i~cause th~ are times he might disagree with them. He noted he has a~at dea~¢:~'~:. ~b:.e.... Le~, and was the President of the Redwood Empire Division w~he W~i~'"Counci~~i!~?;' City Manager Horsley asked if the Senator would adc~~~,.ng!i arbitration. '":*:~::: S_enator Chesbro advised this bill stalled becaus~'er(~":':~~'~.~....~.....~0f clarity about how the Governor would respond to it. He is sure it will be a.~y.ear bill ~~ii.-..will be a full discussion of it in the upcoming year. ~iiii~!iii~i~:,. Councilmember Ashiku questioned why ~i~'ppo~~~ation because it is not in the best interest of the local agencies. .~?" ,~?" '"':':~i~!~?:'' Senator Chesbro stated there are i~~es ~e it has.,~:t proven viable, but on the whole when he. looked at all the data and s~'ics p~ted ..t.~"':~:m, it was his feeling that because law enTorcement is...~ii!~, a separate...:~~ry rel~i~~i~:~sponsibility to not take labor actions and stay on duty_,.~i~:s, ome .a,!~~ vehicl~~lution of disputes is justified. He stated in County go~~~.:~::.with'~~e.::.indivi~i::"'iabor disputes about individual employees, the arbitration pr0~i~~:.:s..ed ai~i~~:.~oth sides selected representatives and then both sides selected a third '~~:t-..a. tive. '~i~h made a determination that was balanced and, in the overwhelming .p.....:~~}.........exa~ii!i~e has seen, that process winds up with an equitable resolution .... ~¢-"-'?:" ........... '""::~:~i~!~ii~iiiiii~ii~i~.:..-:.., Counci~'mber Ashiku'~¢~hat he believes strongly in local control and the State has expre.s.:~d support for in~a§'ed local authority. We know what will work locally and what the need~iiour budget,,are,:~¢~t then to have a third party come in and say what has to be paid and we t~i~ve to cut ~i~'Programs is really dangerous for us. .......... Sen~~ted he will tak,e that information into account when he further examines the issue.'"':~~ii~gs frequently don t wind up being black and white and there is the opportunity to carve out exceptions for smaller jurisdictions to try and make it more fair and balanced. Councilmember Baldwin stated there is so much lip service about returning power to the local level but it is generally not true. Over the last 20 years, it has been just the opposite. The state has been usurping all kinds of power, ever since Prop 13. Now cities are relying on sales tax, which is not only regressive, but it hinders quality planning because we are forced to sometimes December 1,1999 Page 4 of 7 approve projects because we think it is going to help our Budget. Senator Chesbro stated the Governor has made it a priority in this constitutional amendment to neutralize tax law in terms of those incentives to make land use decisions because of the revenue capacity. Since Ukiah already has that sales tax in place, it is not a simple matter on how you equitably reduce that incentive for the future but not penalize jurisdictions for today's decisions. Councilmember Baldwin asked if there is any movement by progressive Democrats to return power back to the local government, to give us the power to determine rent control and the power to find an alternative kind of tax to the sales tax. He would like to see some D~crats risk their political careers and challenge the anti-government mentality that gives.:~!~[ taxi,~;~ower to a small, wealthy minority. , Senator Chesbro stated he doesnt see dramatic chang~'":"l~''e im~~:. ~G,e but, ag~'"'"~one of the beneficial effects of term limits is that there ar,~n incre.~:-~:~l ":~~&:.~eo~iii'"":i"'~ the legislature who have the fresh perspective of sitting on I~,i~gove~'~nts. T'~i~ii~i~~8:'~e clash going on between the outgoing senior members of the!i~¢~:~, who have ~~~/er served on the local government or it has been so long they don~'.~~r, versus the fi;~'sh perspective that is growing. Councilmember Smith noted that his other j.a~.?;-s-' runni~i~i,.:.Valley Association for Rehabilitation and he thanked Senator Chesbr~~{~...,.4, and'"~8~":~he handicapped in our communities. Senator Chesbro noted he has set a reaJ¢i:'0rity o..¢i!~'0th'~ii~":~pmentally and mentally ill and the people who take care of them, ,.9..~{3s th~'":'"~ve no ~:~:~". It is difficult to hire responsible people as caregivers and work m~?'done..~i¢~rimprov~aining, standards, and pay for people WhOMayortake care_~ ~!°f the disabled. ~'":"' ~ii""~)00*'::":~iiiiiiiiiil ..~? Masti~~tioned,~i:there per day fines imposed under AB939 for those jurisdi~!~~.don?;~ii~~i~:...50O/o a~'"'¢~i'on rate by the year 2000 deadline, bo,eCause he is not aware 8~~~.y... juris'~~¢..he State of California who have met their 50 Ye. Senator Ohes~i~ii..::.a...fev~'~i~ili~ached the goal. He feels 35% or 40% diversion is a good thing, a~::"~:~'"'"~ii~i~e th(~"":'i~aste Board fining jurisdictions which have been working in good f~¢~i~'o reach 5~i~n. Agencies that have not been doing anything at all have received~:~s. He explai~ii~ake-up of the Waste Management Board and that it currently has a .~]-balanced mem~rs'6ip. Sen~~.hesbro ad~i:::"i'hat even though the League of California Cities is a valuable lobbying gro~i~[~.g re.~i~;ies from real people are what make him passionate i his job. He asked ever:~i~~ii~i~'hy about contacting his local representative, Jennifern writin~:~i~i~~¥.i.~,' Puser, or calling or City Manager Horsley advised it is the cumulative impact of such things as booking, property tax administration, and animal control fees, that add up to several hundred thousand dollars per year. She would like to see some sort of exemption for small rural cities. Discussion followed regarding the smaller cities getting together to provide a focused voice on December 1,1999 Page 5 of 7 issues to send to the legislature. There needs to be a critical mass of legislatures who hear from the small cities and their districts. City Manager Horsley explained she is the Chair on the small city subcommittee that will be doing just this thing. Senator Chesbro said he will be happy to work with them on their efforts. He stated he has a big district and a lot of different voices to represent so hearing from the small cities routinely is very important for him. 4. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process· ....=~:, M/S Ashiku/Smith approving Items a through c of the ;~;=nsent ~'~'d~~..s...: a. Approved Notice of Completion for Urban Collector ~~""~)n Project, S~;. ~i':i;;~)n No. 99- b Accepted the Local Road Rehabilitation Pro'ect, S '~i~~;;'~.o 99 04, as Com I · _ J ..... ~=. :~ .................... ,.:....i~ili! ....... · - . p etd and Authorized the Filing of the Notice of Completion;~¢''''= c. Authorized Expansion of Chico Scrap Uetal..=.~..-.u..[.e....h.ase ~:"~i~.2...5,000 for Scrap Metal Removal Services. ...~iliiiiiiiiii!ii~,,.. The Motion carried by the following roll ca~;~e: A~~!i~i~bers~ Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: Non.~i~BSE¢'; No'~~AIN: None. No one came forward. ~i¢ii~':'' .,.:.-'¢i~i;, Councilm~ii~i.t.h re"~~~....-[e..,.c, eiv~%ommunication from Jere Melo, of the Redwood Division of tl~":'¢~~ii~.O, f C~i~~.~..es, indicating he had been appointed to the Employee Relation C o m m i t~ii~i~!iiiiiiiii~....,,. Councilmem~~:~'~~,,.Ash'?~u, and Mayor Mastin had no reports. City ~'ager Horsley ~is~d she has been in contact with the High School and Mendocino Colle~!ii.f;br the Council to.--':~Co nize their football teams' ve succe f I . ' ' _ ;~...:....~.,...~;~=~? ..,:&.~: g ry ss u years_ She ~nd~cated that Assi~!~,.City Manag.~!i~'Mike Fled is also prepared to give an update on the homeless shelter Assi~4;~;ii~lnager Fled distributed a memo outlining the recent efforts by City staff, Ford Street Project, and the County relative to locating a facility for a temporary homeless shelter. They have contacted 45 potential sites, and at this point the Yokayo Market site is the best site, with the Grange being second. Mark Rohloff has written a letter to the Grange Board, and apparently the Board is split on whether they want to rent on a month-to-month basis. They are also looking at temporary structures; i.e., fire-retardant tents or semi-wood paneling structures, and then locating them adjacent to a structure like Anton Stadium where restrooms are available. If temporary December 1,1999 Page 6 of 7 shelters are obtained at no cost from the Armed Services, there would still be shipping costs. Another consideration was skirting the Pavilion at the Alex R. Thomas, Jr. Plaza. Discussion was had regarding placing tents at the Fairgrounds and it was noted that their next Board meeting, which staff will attend, is set for December 14. It was noted the Fairgrounds operates under more lenient Fire Codes than other locations. Assistant City Manager Fled advised staff should have more solid information within the next ten days. Discussion followed concerning the Board of Supervisors voting on the B~..mele~i~§helter resolution on December 7. .. a. G.C. §54957.6-Conference with Labor Nego~:~r Negotiator: Candace Horsley I. Employee Negotiations- Department Head UniViS!ii':'''::: The City Council went into Closed Session at 6:58 p.~iiii~~!~ No action was taken. .,..,..:::,:.::,,.:L. There being no further business, the mee.t~"'"was ~~~¢~ p.m. Karen Yoast, Deputy City Clerk December 1,1999 Page 7 of 7 ITEM NO. 6a DATE December 15, 1999 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF NOVEMBER 1999 Payments made during the month of November 1999, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 19608-19733, 19734-19826, 19940-20062, 20064- 20132, 16577-16578 Payroll check numbers: 19493-19605, 19607, 19827-19939, 20063 Direct Deposit numbers: 6346-6535 Void check numbers: 19492, 19606 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of November 1999. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVED: AGENDA. WPD/krs Candace Horsley, City Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF NOVEMBER 1999 Demand Payments approved: Check No. 19608-19733, 19734-19826, 19940-20062, 20064-20132, 16577-16578 FUNDS: 100 General Fund $127,848.36 660 131 Equipment Reserve Fund 661 140 Park Development 665 142 National Science Foundation $1,060.00 670 143 N.E.H.1. Museum Grant $1,971.78 675 150 Civic Center Fund 678 204 Federal Asset Seizure Grants 679 205 Sup Law Enforce. Srv. Fd (SLESF) 695 206 Community Oriented Policing $1,347.47 696 220 Parking Dist. #10per & Maint $795.99 697 230 Parking Dist. #1 Revenue Fund 698 250 Special Revenue Fund $1,085.91 800 260 Downtown Business Improvement 801 301 Gas Tax Fund (2107) $5,386.92 805 330 Revenue Sharing Fund $329,046.30 806 332 Federal Emerg. Shelter Grant $8,662.43 820 335 Community Dev. Comm. Fund $7,500.00 900 410 Conference Center Fund $7,784.46 910 550 Lake Mendocino Bond $679,123.16 920 555 Lake Mendocino Bond Reserve ($53,890.98) 940 575 Garage $3,825.66 950 600 Airport $30,427.11 960 612 City/District Sewer $79,358.80 962 640 San Dist Revolving Fund $300.00 965 652 REDIP Sewer Enterprise Fund 966 Sanitary Disposal Site Fund Sanitary Disposal Replace Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 19493 -19605, 19607 DIRECT DEPOSIT NUMBERS 6346 - 6440 PAYROLL PERIOD 10/17/1999-10/30/1999 PAYROLL CHECK NUMBERS 19827-19939, 20063 DIRECT DEPOSIT NUMBERS 6441 - 6535 PAYROLL PERIOD 10/31/1999-11/13/1999 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS 19492, 19606 $33,530.81 $1,727.34 $2,315.60 $10,394.11 $76,672.54 $1,427.76 $7,894.69 $1,404.11 $1,812,198.87 $12,240.29 $46,593.79 $2,174.28 $32,564.00 $84,978.97 $948.16 $10,084.68 $187,300.00 $15,253.27 $308,270.00 $3,879,606.64 $70,031.25 $192,074.85 $210,738.63 $4,352,451.37 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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J ~ z J ~ ~ Z~ ~ O ~ zJ ~ ~ ~ z ~ OO ~ ~ ~O 0 O0 0 O0 O0 O0 I'-. U") 0000 LLI O, JO Z O0 Oh(Dh 0 6000 COeD Z O0 ~ ~---I I".- I"'.. 0404 O0 O0 0 0 0000000~ 0 0 00000000 ~ 0 0 00000000 ~ ~ ~ 0000~000 ~ ~ ~ 000~~ 0 0 ~00000 ~ ~ 0 ~~0000 ~ ........ Z 0 0 00~00000 ~ 0 0 00~0000 (NJ O0 O00O O0 · · 0 ' · ,~,~1 Od ~.---I ~.-IO0 , . o c;c; c,o CD CPO LOqD JJ J U ~ U ~ Z ~ ~ Z ~Z~ ~ Z ~ ~ ~ JZ~ ~ ~ ~ ~ ~ wO~ ~ ZO ~J 0 ~ ~ U W~ Z Z~ O~ ~ J~ z~ ~Z~ Z O ~ ~ z ~ zJ ~N, ~ Z~ ~_) · , 0 I.I.J 0 ~1.- L~_ 0 I-- z 0 ~- O~ AGENDA ITEM NO. 6b DATE: December 15. 1999 SUMMARY REPORT SUBJECT: AWARD BID FOR THE DISPOSAL OF BIOSOLIDS TO RESIDUALS PROCESSING, INC. FOR THE SUM OF $40.52 PER TON DURING DRY WEATHER AND $49.52 PER TON DURING WET WEATHER PLUS $250 PER MONTH DUMP TRAILER RENTAL REPORT: Included in the 1999/00 Wastewater Treatment Plant Budget Account Number 612.3580.690.000 is $100,000 for the disposal of biosolids (sludge). In an effort to reduce costs, staff contacted Residuals Processing, Inc. (RPI) to obtain an annual price for biosolids disposal including trucking. RPI operates the only disposal facility located within a reasonable distance that will accept biosolids. RPI submitted a proposal of $40.52 per ton for dry weather disposal and $49.52 for wet weather disposal. Additionally, RPI proposes to supply a dump trailer that would be loaded by plant equipment for $250 per month. This proposal includes delivery to RPI's newly opened reuse site in Sonoma County during the dry months or Redwood Landfill located in Novoto in the wet months. Based upon an average daily production of approximately two tons of sludge per day, the estimated costs for the disposal of digested sludge is $35,000 to $40,000 per year. The remainder of the budget will be used to reduce a portion of the inventory that is now in the sludge lagoons. Staff recommends awarding an annual contract to Residuals Processing, Inc. for the sum of $40.52 per ton during dry weather and $49.52 per ton during wet weather plus $250 per month dump trailer rental. Despite the rising cost of fuel, labor, monitoring and permitting fees, RPI has extended last year's disposal fees and trailer rental to the City. RECOMMENDED ACTION: Award annual contract for the disposal of biosolidsto Residuals Processing, Inc. for the sum of $40.52 per ton during dry weather and $49.52 per ton during wet weather plus $250 per month dump trailer rental. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny request and refer back to staff. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with' Candace Horsley, City Manager Attach merits: 1. Proposal from RPI. APPROVED: ~~~ ~ Candace Horsle¥, Cif~Manager November 19, 1999 RPl / BIO 1'/2 98th Avenue Oak[and, CA 9~03 (.;10) 613,2;531 (510) 513.2537 ~x Mr. 3erry Gall Wastewater Treatment Plant Superintendent City of' Ukiah · . VIA FACSIMILE 70%46%2844 Dear Jerry: We are pleased to advise you that we are prepared to continue transportation and disposal~eneficial reuse of your wastewater treatment plant biosolids at the rates currently in existence. The proposed effective rates for the period November 1, 1999 tba'ough October 31, 2000 are as follows: Sonoma Reuse sites Redwood Landfill Trailer rental $ 40.52 per ton $ 49.52 per ton $250.00 per month These rates represent no increase in our fee despite increases in costs and fees associated with the handling of your biosolids. These increased costs include labor, fuel, land application operating costs and monitoring/permitting costs. If you have any questions or requite further information, please cam me at (510) 613-2833, Very truly yo~2 I,"l ' d 8~0 ' Ol'-I 0~19 OI~/Id~ NdSE :S C:~I '6I 'AOIq ITEM NO. 6c DATE: December 1 5, 1999 AGENDA SUMMARY REPORT SUBJECT: REJECT BIDS FOR SODIUM BISULFITE PRODUCTS REPORT: Each year it is necessary to purchase approximately 25 tons of sodium bisulfite for use at the wastewater treatment plant. Funding for this purchase is provided in Account Number 612.3580.520.000. Requests for Quotations through the formal bid process were sent to eleven chemical suppliers. Bids were opened by the City Clerk on November 29,1999. The only bid received was from LA Chemical for the amount of $774.00 per dry ton totaling $1 9,350 for the estimated 25 tons. This cost is $249 per dry ton more than we are currently paying. This exceeds the budgeted amount for this chemical in the current budget. RECOMMENDED ACTION: It is recommended that the City Council reject the bid for Sodium Bisulfite and authorize Staff re-solicit for additional bids. ALTERNATIVE COUNCIL POLICY OPTIONS: Award bid to the only bidder, LA Chemical Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent ~ Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: f ~--~ Cand-'-~ce Horsley, Citt Manager ITEM NO. 6(~ DATE: December 15, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (737/747 S. STATE ST.), PURSUANT TO GOVERNMENT CODE §25351 SUMMARY: The County Department of Social Services has requested a waiver from the 60- day notification requirement, as established by Government Code §25351, to install a 2,800 square foot modular building on property within the City limits at 737/747 South State Street. Government Code §25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before improving the property and occupying the building. As described in the attached letter, the Social Services Department intends to install the subject structure adjacent to their existing Social Services facility in order to alleviate staff overcrowding in the Fiscal and Special Investigations Units. In so doing, they will be able to provide better (Continued on Page 2) RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code §25351. ALTERNATIVE POLICY OPTIONS: 1. Do not adopt the waiver Resolution, thereby require the County to wait 60 days to improve and occupy the proposed building located 737/747 South State Street. Citizen Advised: N/A Requested By: Steve Prochter, Assistant Director, County Department of Social Services Prepared By: Robert Sawyer, Planning Director Coordinated With: Candace Horsley, City Manager Attachments: Waiver Resolution Prochter Letter C~'ffdace Horsley, ~ity~Manager Page 2 service to their clientele, and the subject waiver will assist the County in meeting an installation and occupancy target date of March 1, 2000. The subject site is zoned for a variety of commercial uses, and lies amidst a commercially developed area. Moreover, the Social Services Department already occupies most of the site, which was once a shopping center, and the new modular structure would simply expand upon an established, County use of the area. In fact, the modular structure would be placed behind the Department's existing structure at the terminus of Porzio Lane, therefore would not be visible from any nearby thoroughfare, such as South State Street to the west and Gobbi Street to the north. Accordingly, staff can find no reason to oppose the County's immediate use of this site in the manner described, and, therefore, believes the 60-day noticing waiver is supportable. RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, 1. Government Code §25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and 2. Government Code §25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and 3. The County Social Services Department has requested a waiver of the 60-day notification requirement to lease purchase a 2,800 square foot modular building to be installed on County owned property adjacent to a County facility at 737/747 South State Street for the purpose of alleviating staff overcrowding; and 4. The granting of the waiver will enable the Social Services Department to initiate construction in a timley manner and meet an occupancy target date of March 1, 2000; and 5. The property located at 737/747 South State Street is zoned for commercial use; lies amidst a commercial district; and has other County facilities occupying adjacent space, thereby making the site compatible with the intended County use, and not detrimental to any City code, policy, or anticipated use of the subject site. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino Social Services Department a waiver of the 60-day notification requirement so as improve the property at 737/747 South State Street in a timely manner in order to alleviate staff overcrowding, thereby enabling the subject department to provide better service to its clientele. PASSED AND ADOPTED on December 15, 1999, by the following roll call vote: AYES: NOES: ABSTAIN ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of 1 Mendocino County Department of Social Services Alison Glassey, Director Adult Services Family & Children's Services Employment & Family Assistance Services 747 South State Street · PO Box 1060 · Ukiah · California · 95482 · (707) 463-7700 · FAX (707) 463:7804 November 19, 1999 City Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re~ Agenda Item for Next City Council Meeting County lease purchase of a 2,800 square foot modular building to be located adjacent to a facility at 737/747 South State Street Honorable Council Members: The County of Mendocino wishes to lease purchase a 2,800 square foot modular building to be installed on County owed property adjacent to a County facility at 737/747 South State Street, Ukiah. The aforementioned modular building is for expansion use by the Social Service Department's Fiscal and Special Investigations Units to help alleviate staff overcrowding that is currently affecting all Units of the Department. By way of this letter, we hereby request that the City Council adopt a resolution waiving the 60-day notification requirement (reference Government Code Section 25351). Your cooperation in granting this request will enable the Social Service Department to initiate construction to provide adequate staff space with an occupancy target date of March 1, 2000. In absence of such waiver, the Social Service Department must compromise service due to inadequate staff space. Thank you for your cooperation concerning this matter. If you have any questions, please feel free to contact me at 463-7733. Yours truly, Steve Prochter Assistant Director, Social Services Department dr cc: Kristi Furman, Clerk of the Board Pete Halstad, Director of General Services ITEM NO. 6e DATE: December 15. 1999 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT WITH CHARLES HEATH CONSTRUCTION TO CONSTRUCT TRICKLING FILTER PUMP NUMBER FIVE FOR THE SUM OF $69,900 REPORT: Included in the 1999/00 Budget are funds to construct Trickling Filter Pump Number Five at the wastewater treatment plant. This additional pump is necessary to assure regulatory compliance of the treated wastewater during high winter flows. Specifications were written and Notice to Bidders was sent to ninety six contractors and four builders exchanges. Four bids were received by the City Clerk on November 23, 1999. The Iow bidder is Charles Heath Construction for a sum of $69,900. This price is $19,900 over the budgeted amount. However, necessary funds have been transferred from Miscellaneous Projects in 612.3580.250.000 to 612.3580.800.000 to fund this project. RECOMMENDED ACTION: Authorize the City Manager to enter into contract with Charles Heath Construction to construct Trickling Filter Number Five for the sum not to exceed $69,900. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject proposal and refer back to staff. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent ~'~) Coordinated with' Candace Horsley, City Manager Attachments: 1. Tabulation of Bids 2. Budget Adjustment Authorization APPROVED: Candace Horsley, City~/Vlanager 0 0 0 0 0 0 0 0 0o 0 0 0 0 0 BUDGET ADJUSTMENT AUTHORIZATION TO: Director of Finance DATE: /,~ Please adjust the budget for the amount(s) as shown below: From To Account No.. .Amount Account No. Amount Justification: -- · /c3 BY: APPROVED: APPROVED: Depadme(~t He~,~ City Manager Mayor Approval of City Manager required for transfers within Depadment Budgets. Council approval required between Depadment or Fund Budgets. ITEM NO. 6 f DATE: December 1 5, 1999 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE OF LIQUID POLYMER SW-057 Each year it is necessary to purchase approximately 12,000 pounds of liquid polymer SW-057. This liquid polymer is used in the sludge thickening process at the wastewater treatment plant. 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 612.3580.520.000 for the purchase of chemicals. Requests for Quotations through the formal bid process were sent to eight chemical suppliers. Three bids were opened by the City Clerk on December 6, 1999. The Iow bid is from Polydyne, Inc. with a bid price of $0.775 per pound and a total amount based on estimated usage of $9,300. A Purchase Order has been issued to Polydyne, Inc. 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: polymer product SW-057 Receive and file report regarding the purchase of liquid ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by' Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with- Candace Horsley, City Manager Attachments: Bid Tabulation Can'"~a-~--~ce Horsley, City I~nager 0 0 0 0 0 00 co 0 ITEM NO. 6a DATE: December 1 5. 1 999 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR THE PURCHASE OF LIQUID POLYMERSW-238 TO POLYDYNE, INC. FOR THE SUM OF $16,710 Each year it is necessary to purchase approximately 30,000 pounds of liquid polymer SW-238. SW-238 liquid polymer is used to aid the filtering of the water at the wastewater treatment plant. This product has proven to provide the most efficient and cost effective filter process. 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 612.3580.520.000 for the purchase of chemicals. Requests for Quotations through the formal bid process were sent to eight chemical suppliers. Three bids were opened by the City Clerk on December 6, 1999. The Iow bid is from Polydyne, Inc with a bid price of $0.577 per pound and a total amount based on estimated usage of $16,710. Staff recommends that City Council award the bid for liquid polymer SW-238 to Polydyne, Inc. for the sum of $16,710. There is no local supplier of this type of chemical. RECOMMENDED ACTION: Award the bid for liquid polymer SW-238 to Polydyne, Inc. for the sum of $1 6,710. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and refer back to staff Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Bid Tabulation -~an~e H~rsiey, (~i~ Manager 0 0 0 0 0 0 · -- 0 0 AGENDA SUMMARY ITEM NO. 6h DATE: DECEMBER 15, 1999 REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING SUBORDINATION AGREEMENT AND SIGNATORIES FOR ESPERANZA FORD, 225 ARLINGTON In 1986 the City entered into an agreement to loan Silverio and Rosa Hinojosa $18,000 for improvements to their property at 225 Arlington. This loan is in a "second" position to the mortgage loan held by First Nationwide. The loan was part of the City's Community Development Block Grant (CDBG) program for property rehabilitation, which at that time was administered for the City by the Mendocino County Community Development Commission. Esperanza Ford, a daughter of the Hinojosas, inherited the property upon the death of her parents and is attempting to secure refinancing from United Lending Group. Ms. Ford, who meets the Iow to moderate income levels of the original grant program, is requesting the City to retain $10,000 of the original loan in the "second" position, repaying $8,000 in the new transaction. The City must sign a "Subordination Agreement" to implement this request. Though the original loan regulations state payment is due if new financing occurs, partial payment is within the guidelines of the original CDBG program as the funds continue to assist Iow and moderate income housing. The value of both the new first mortgage and the remaining City loan does not exceed 70% of the property value as determined by an appraisal in September. After review of the mortgage application and discussion of the financial situation with the lender, staff believes Ms. Ford can meet the payment obligations with the partial repayment of the City's loan. Staff finds the proposed transaction appropriate to continue assisting in housing a current Iow and moderate income family and expand future housing opportunities through the repayment. The repayment will be deposited in Fund 335, Community Development Commission, which was recently used for the local match to the HOME program. Staff recommends adoption of the resolution. RECOMMENDED ACTION: Adopt resolution approving Subordination Agreement with Esperanza Ford and authorizing signatories. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Subordination Agreement is not desired and do not adopt resolution. 2. Determine alterations to the agreement or signatories are necessary, identify those changes, and adopt the resolution with the modifications stated. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Esperanza Ford Michael F. Harris, Risk Manager/Budget Officer David Rapport, City Attorney and Candace Horsley, City Manager 1. Resolution for adoption, page 1. APPROVED:~~ ~~ Candace Horsl anager mfh:asrcc99 1215FORD RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING SUBORDINATION AGREEEMNT AND AUTHORIZING SIGNATORY TO AGREEMENT FOR ESPERANZA FORD, 225 ARLINGTON, UKIAH WHEREAS, on October 31, 1986 the City of Ukiah agreed to loan Silverio and Rosa Hinojosa $18,000 for rehabilitation of their property at 225 Arlington, Ukiah, CA; and WHEREAS, said loan was completed under the City of Ukiah Community Development Block Grant (CDBG)Iow and moderate income housing program; and WHEREAS, Esperanza Ford, a single woman, Iow and moderate income housing eligible, daughter and heir of Silverio and Rosa Hinojosa, now owns the property at 225 Arlington, Ukiah, CA, is refinancing the subject property, has requested $10,000 of the City's loan remain in the second position, and such action is consistent with the CDBG program guidelines; and WHEREAS, the City of Ukiah desires to continue meeting the goals and objectives of the General Plan Housing Element by assisting Iow and moderate income housing. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does hereby approve the Subordination Agreement to Esperanza Ford, for property at 225 Arlington, Ukiah, CA (Mendocino County Assessor Parcel Number 001-395-14), in the amount of $10,000, Exhibit A to this resolution, and authorizes the City Manger to execute same agreement. PASSED AND ADOPTED this 15th day of December, 1999 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of 1 ITEM NO. 6 ~. DATE: December 15, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING NO-PARKING ZONES/BUS LOADING ZONES AT THREE LOCATIONS IN THE CITY OF UKIAH SUMMARY: The Mendocino Transit Authority (MTA) has requested to establish no parking zones/bus loading zones at three locations within the City. The first location will involve relocating an existing bus stop on N. Bush St. for Walnut Village to a location approximately 60 feet further south. This bus stop relocation was requested by Walnut Village. MTA has also requested to extend the length of a bus stop on N. Bush St. adjacent to Frank Zeek School to accommodate the new, longer buses. The final location is at 1367 South Dora Street. Due to a request from the staff of Ukiah Convalescent Hospital, MTA chose to relocate the bus stop from 1349 South Dora Street to the proposed location. The Traffic Engineering Committee considered these requests at its regular meeting of October 12, 1999 and recommended approval to the City Council. Staff has observed that adequate off-street parking currently exists at all three locations. Staff will distribute copies of this agenda report to residents and businesses adjacent to the bus stop locations to advise them of the proposed elimination of on-street parking spaces. RECOMMENDED ACTION: Adopt Resolution Establishing No-parking Zones/Bus Loading Zones at Three Locations in the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Those adjacent to subject locations received staff reports. Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager I. Resolution 2. Memo from Mendocino Transit Authority identifying bus stop locations APPROVED' ,~--~ ~ Candace Hors anager RJS:AGNPMTA SUM RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING "NO PARKING ZONES/BUS LOADING ZONES" AT 3 LOCATIONS IN THE CITY OF UKIAH WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the provisions of Sections 21458 and 22500 of the California Vehicle Code permit the stopping of buses in a red zone marked or posted as a bus loading zone; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from the Mendocino Transit Authority (MTA) to establish "No Parking zones/Bus Loading zones" at 3 locations within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends MTA's request for "No Parking zones/Bus Loading zones." NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the following "No Parking zones/Bus Loading zones" are established as indicated herein: . . Location~ North Bush Street, east side, beginning at a location 500 feet north of the curb return at Low Gap Road and extending 95 feet north. North Bush Street, west side, adjacent to the curb island at Frank Zeek School beginning at the curb return for the southern driveway and extending 80 feet north. Resolution No. Page 1of 2 . 1367 South Dora Street, east side, beginning at a location 104 feet north of the City limit sign and extending 63 feet south. PASSED AND ADOPTED this 15th day December, 1999, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Page 2of 2 NOV 2 9 1999 CITY OF UKIAH DEPT. OF PUBLIC WORKS Mendocino Transit Authority Serving Mendocino County since 1976 Memo To: Rick Seanor, Deputy Director of Public Works, City of Ukiah From: Steve Turner, Assistant General Manager Date: November 29, 1999 Subject: Bus Stop Red Zone Measurements The following are exact measurements for the bus stop zones listed: Walnut Village Stop on northbound, North Bush Street Red Bus Zone begins 500 feet north of the curb return at Low Gap, proceeds 95 feet north. Existing bench and sign will be removed. We plan to relocate the shelter at the corner of North Bush at Low Gap to 573 feet north of the Low Gap Rd. curb return, with the sign installed 590 feet north of Low Gap. Frank Zeek Stop on Southbound North Bush Street Red Bus Zone should extend 80 feet north from the curb return of the southern school driveway. Refer to the encroachment permit for more details. 1367 S Dora Stop on northbound South Dora Street Red Bus Zone begins 104 feet north of City Limit sign, on north side of alley, extends 63 feet to south side of driveway. Bus stop sign in front of Ukiah Convalescent Hospital should be removed and re-installed 9 feet south of driveway (158 feet north of City Limit sign) Please let me know if you need more information. ITEM NO. 6_i DATE: December 15, 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE AGREEMENT WITH JOE MAYFIELD FOR A PORTION OF UKIAH REGIONAL AIRPORT In May of 1993 Mr. Robert Veal entered into a ground lease agreement with the City of Ukiah for 4,526 square feet for the construction of a 4,320 square foot hanger at the Ukiah Regional Airport. The term of the lease is forty-five (45) years and valued at $100 per month with a potential annual increase of a maximum of 2% at the City's option. Since the inception of the lease Mr. Veal has complied with all terms and conditions and all improvements required by the agreement have been completed. Mr. Veal has recently determined to relocate out of the area and has therefore requested approval for assignment of his lease to Mr. Joe Mayfield who would continue use of the facility for aircraft storage. In accordance with the terms of the lease, the building improvements are still under the ownership of Mr. Veal and it is his intention to sell the hanger building to Mr. Mayfield. Since the initiation of the odginal lease in 1993 many of the standard lease conditions required by the City have been upgraded. To ensure consistency and fairness with other leases on the Airport, staff is recommending amendments to the terms and conditions of the proposed lease. The current lease provides for a monthly rent of 2.2 cents per square foot ($100 per month) with no annual Consumer Price Index (CPI) increase. Staff is proposing to increase that amount to an initial 3 cents per square foot, which equates to $135 per month, plus an annual CPI increase not to exceed 5%. The lease term is proposed for 40 years at which time all improvements become property of the City. With the inclusion of the recommended revisions staff believes the proposed lease is consistent with the Airport Master Plan and will provide continued economic benefit to the Airport. For these reasons staff is recommending approval of the proposed assignment of the lease with Mr. Robert Veal to Mr. Joe Mayfield with the recommended amendments. RECOMMENDED ACTION: Approve lease with Mr. Joe Mayfield ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires further revision and approve with revision. 2. Determine approval of lease is inappropriate at this time and do not move to approve. Citizen Advised: N/A Requested by: Robed Veal and Joe Mayfield Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Michael Flad, Assistant City Manager Attachments: 1. Current lease with Robert Veal 2. Proposed lease withJo~ Mayfield APPROVED: ,.~~,~ ~ ,~.~..~/, _/ C~-~ace Hc~rsley~Ctty Manager / LD2/Mayfield.ASR S.epr23-99 02:44P UKIAH REGIONAL AIRPORT ! 707 467-2853 P.01 , / and Uetween the City of Ukiah, State of 'C . , acting by and through its City Council, hereinafter referred to as "Lessor', and Robert E. Veal, an individual, hereinafter referred to as "Lessee.,, 1. Lessor has the authority contained in Government Code 37380, 37389 and 37395 to lease municipal and airport property 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 fo~ Lease. 2. Under Government Co~e section 37389 the Lessor has the authority to lease airport property for a term not to exceed fifty (50) years for the construction and maintenance of hangars and related PUrposes. 3. Lessee intends to lease undeveloped airport property from Lessor to construct and maintain an airplane storage hangar. The parties hereto agree that on the terms and conditiong hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor the undeveloped real property located at the Ukiah Municipal Airport, as more Particularly depicted and described in the attached Exhibit A which ie incorporated herein, hereafter, "the leased premises.,, S~@-23-9g 02:44P UKIAH REGIONAL AIRPORT ~ 707 467-28B3 P.02 2. TERM. The term of this lea~e shall commence on October I __, 1993, and shall continue in effect for a pQriod of forty-five (¢5) expiring a~ midnight o~ ~ep~ember 30 2038 3 · ~NT. 3.~ ~o~. AS Fen~ fo~ ~e ~e~ hereby demi~e~, ~ssee egrees to pay to Le~or the s~ of $100.00 ~er month for t~e use se~ pro~er~y. Lessor may ~n~ease ~he monthly ren~ for ~he ~ease~ ~remises, the increase not ~o exceed a compound rat~ of 2% per yea=. 3.2 ~en due~ late leos an~ interest. Re~t shall be due on the fifth (Sth) day of each month and shall be considered del~m~en~ if not received by ~he Leisor*s Finance Depar=ment located at 300 Semina~ Avenue in Ukiah by 5:00 p.m. om the tenth (10th) day o~ ~he month. ~ssee shall pay a late fee o~ $10, ~he pa~ent is delin~ent. In a~d~tion, Lessor may charge Lessee intere~ on the unpaid portion of ~he delin~ent pa~ent until paid ~n full as provided in Ukiah City Code section 2051. also pay any real ~rope~y, possesso~ interest or property taxes, and a~se~sments imposed on the leased premises, proper~y located on or affixed to the lease premises or as a resul% ~f the lease, use o~ o~e~ship of the leased premises. ~ebruary 17', 199~ Sepr23-g9 02:44P UKIAH REGIONAL AIRPORT 707 467-28,.63 P.03 4. USE ,MqD 'I'HPROVF~I~NTS. 4.1 Condition of the leaned premises. Lessee hereby agrees to accept the use of the leased premised in "As condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee assumes the obligat£on at its own expense to remove and properly dispose of any toxic or hazardous s~bstances that may exist on ~he premises, if such substances are found to exist on the premises and must be removed in order for Lessee to make use of the leased premises. Lessee represents that it has made a thorough ' ' Inspection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or present on the lea~ed premises. 4.2 Construction an~ Use of Hangar. Lessee shall construct on the leased premises an airplane s20rage hangar 60~ X 72~ or 4320 sq. ft. in size and shall use the leased premises clusively for the storage of aircraft and related purposes. ~rior to construction Lessee shall furnish Lessor with plans and specification~ for the building and the construction and/or installation of the building on the leased premises and shall not commence construction until the Lessor, through its City Manager or his or her designee, has approved the plans and specifications, including, but not limited 2o, its exterior color scheme. Lessee shall only construct and/or install the building in compliance with the Lessor approved plans and specifications. Lessee shall ~:\u\as~t$93\vcaL.ts February 17, 1~ 3 Sep~23-99 02:44P UKIAH REGIONAL AIRPORT .. · ., 707 467-2853 P.04 construct the building in compliance with all applicable city building and other code requirements. 4.3 Ownership ,of improvements. Lessee shall retain during the term of this lease ownership of all Lessee installed improvements located on the leased premises. Title to said improvements, including the hangar building shall vest in Lessor upon the termination of the lease. 4.4 Improvements and modifications. After its initial construction Lessee shall not make structural changes to the exterior of the storage hangar or change its use in such a way that requires a sewer connection without the prior written approval of Lessor through its City Manager or his or her designee. 4.5 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements. 4.6 Storage or Use of toxic or hazardous substances. Lessee shall not dispose or permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or toxic substances are disposed of or released on the leased premises during the term of this lease, Lessee shall assume the entire obligation to clean up any such substances and shall fully indemnify, defend and hold harmless the Lessor and its officers, agents and employees from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous ~: \u\agrmt s93\¥e~ t. t $ I:ebruary 17, 1993 4 Sep-23-99 02:44P UKIAH REGIONAL AIRPORT a · · 707 467-28B3 P.O,~ substance. 4.7 PeZl~its. Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises. 4.8 Compllanoe with laws. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinance~ of the City of Ukiah and the State of California. 4.9 Utilities. Lessee shall furnish at its sole ex- pense all utilities necessary for use of the leased premises, in- cluding, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the written consent of the Lessor. Lessor may terminate thi~ lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assignment. includes both voluntary assignments and assignments that occur involuntarily or by operaton of law, including assignments resulting from the death of the Lessee. In the event of the Lessee's death the Lessor shall not unreasonably withhold it~ approval of the assignment of the lease s: \u\agrm~$9.~\vea L. t s February 17, 1~3 5 Sep-23-Pg 02:45P UKIAH REGIONAL AIRPORT 707 467-2853 P.06 to the Lessee's lawful heirs, which shall be granted, if Lessor determines that the heirs are likely to comply with the terms of the lease and properly use and maintain the leased premises. ~- INDEI~ZF/CATION~ XNS~CE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made bY Lessee of the leased premises, any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all claims, liability, loss, cost, or other obligation, including reasonable attorney,s fee, on account of or arising out of Lessee's use of the leased premises. 6,2 Liability insurance. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3 Fire and damage insurance. Upon completion of the construction of the hangar Lessee shall carry fire insurance with extended coverage endorsements and vandalism, jointly in the names of Lessee and Lessor, covering not less than the full insurable value of all improvements on the lea-~ed premises. Said policy or policies or copies thereof shall be deposited with Lessor and Lessee shall pay all premiums and other charges payable in respect e; \u\agrm~$93\vea L. t · February 17. 1993 6 ,Sep-23-99 02:45P UKIAH REGIONAL AIRPORT · 707 467-2853 P.07 to such insurance. In the event of damage to any improvement on the leased premises, Lessee shall rebuild, repair or otherwise reinstate the damaged improvement or building in a good and sub- stantial manner according to Uniforl~ Building Code standards. The reconstruction required herein shall commence within six months (6) after the damage occurs and shall be pursued diligently. Insurance proceed~ shall be deposited in escrow with an institution approved by Lessor. Escrow instructions shall include a provision that all funds so deposited shall be used to reconstruct the damaged improvement. All money in escrow after reconstruction has been concluded shall be paid to Lessee. 7. TERM/NATION. Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute a material breach of the lease and furnish grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event, Lessor shall have the right to terminate this lease and retake possession of the lease premises and any improvements which upon termination of the lease become of the property of Lessor. 8. HOLDIN~ OVER. Molding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the $~\u\egrmt$9]\veat.l~ February 17, 1~3 Sep-23-gg 02:45P UKIAH REGIONAL AIRPORT e. 707 467-28.53 P. 08 Lessee any rights hereunder or in or to the leased premises. 9, INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon. 10. ATTORNEY,B FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs and attorneys fees. 11. TIHE OF ESSENCE. Time is of the essence of this agreement. City's waiver of any default in Lessee,s performance o£ any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subse- quent breach of the ~ame or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its as- signees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. Any written notice required hereby shall be deemed given and received when personally served or placed in the United States mail, with proper first class postage prepaid, and addressed as follows: s:\u\agrm~$9~\veaL.~s February 17, 199~ Sep--23-gg O2:45P UKIAH REGIONAL AIRPORT 707 467-2853 ..TO LESSEE: Robert E. Veal P.O. Box 772 Ukiah, Ca. 95482 City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 P .09 Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 15. PREVIous AGREEN~h~S . 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. 16. DUPLICATE ORIGINALS, This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. $:\u\ogrmtsg~\veal.ls Februory 17. 1~ Sap~23-99 02:45P UKIAH REGIONAL AIRPORT 707 467-2853 P.IO commencing at a 4" x 4" concrete monument in the Easterly llne of South State Street, lying 50 feet right of Engineer,s Station 565 + 21.29 E.C. of California Department of Public Works survey between Hopland and Ukiah designated Highway 1-MEN-i-B, from which point a 4" x 4" concrete monument lying 50 feet Easterly of Engineer's Station 668 + 83.74 B.C. bears N 1o 41' E, 1262.45 feet distant; thence S 77° 49, 35- E, 273.47 feet tO the point of beginning; thence S 88" 24' 17" E, 73.00 feet' thence S iQ 35' 43" w, 62.00 feet' thence N 88- 24' 17" W, 73.00 feet' thence N 1" 3§' 43" E, 62.00 feet to the point of beginning and containing 4526 square feet of land more or less. /O 'Sep-23-gg 02:46P UKIAH REGIONAL AIRPORT 'il ~ 707 467-2863 'S 88'24' 17~;~' .73.oo ,! ' ~.' 'S~.a 24'. 17n.W~'. ?~.o6 ' // P.11 LEASE AGREEMENT This Lease, made this I st day of January, 2000, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Joe Mayfield, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code Section 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 4,526 square foot portion of that certain parcel of property commonly referred to as "Ukiah Regional Airport, located at 1411 South State Street, City of Ukiah, County, and more specifically described on the attached "Exhibit A" or together with a right of access thereto. The parties further agree that Lessee shall retain for the term of this lease the first right of refusal to lease the approximately 2,000 square feet adjacent to the west boundary of the leased premises based upon terms and conditions to be agreed upon at the time. 2. TERM. The term of this Lease is for a period of forty(40) years commencing on the date set forth above. Lessee shah have the right to renew this lease subject to terms and conditions which shall be agreed upon at the time of renewal. 3. RENT. 3.1 Amount. As rent for the term hereby demised, Lessee agrees to pay to Lessor the stun of $135 per month. At the commencement of the second year and each year thereafter the rent shall increase by the percentage change in the Consumer Price Index (CPI) during the preceding calender year (January to December) but not to exceed 5% in any calender year. CPI means the index for all urban consumers (1982-1984 = 100), U.S. City average, all items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between the Agency and Lessee. 3.2 When due; late fees and interest. Rent shall be due on the fifth (5th) day of each month and shall be considered delinquent if not received by the Lessor's Finance Department located at 300 Seminary -1- Avenue in Ukiah by 5:00 p.m. on the tenth (10th) day of the month. Lessee shall pay a late fee of $10, if the payment is delinquent. In addition, Lessor may charge Lessee interest on the unpaid portion of the delinquent payment until paid in full as provided in Ukiah City Code section 2051. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes, and assessments imposed on the leased premises, property located on or affixed to the lease premises or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of the forty(40) year term of this lease. 4.1 Condition of the leased premises: Except as provided in Paragraph 1.1 of this lease, Lessee hereby agrees to accept the use of the leased premises in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee assumes the obligation at its own expense to remove and properly dispose of any toxic or hazardous substances that may exist on the premises, if such substances are found to exist on the premises and must be removed in order for Lessee to make use of the leased premises. Lessee represents that it has made a thorough inspection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or present on the leased premises. Lessee understands that the subject premises contains a storm water discharge line maintained by Lessor and should Lessee complete improvements or construct any portion of a building over the storm water discharge line, Lessee agrees to allow Lessor complete and uninhibited access to said line for the purpose of maintenance and/or repairs. 4.2 Use of Hangar. Lessee shall use the leased premises exclusively for aviation related purposes. If Lessee fails to use the Leased Premises for such purposes for a period of ninety (90) days, the lease shall terminate and Lessee shall restore possession to Lessor. Lessee shall keep the exterior area surrounding the hangar neat and orderly, and clear of all cans, rags, boxes, excess aircraft parts, and other items. Lessee shall not interfere with the use of the airport by others and shall not maintain or allow a nuisance on the Premises. 4.3 Improvements and modifications. Lessee shall not initiate any improvements or alterations to the leased premises without the prior written approval of Lessor through its City Manager or his or her designee. 4.4 Ownership of Improvements. Lessee shall retain during the term of this agreement ownership of all installed improvements on the leased premises. Title to said improvements shall vest in lessor upon termination of the lease. -2- 4.5 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements. 4.6 Storage or use of toxic or hazardous substances. Lessee shall not dispose or permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or toxic substances are disposed of or released on the leased premises by Lessee or as a result of Lessee's activities during the term of this lease, Lessee shall assume the entire obligation to clean up any such substances and shall fully indemnify, defend and hold harmless the Lessor and its officers, agents and employees from any claim, damage, loss, hability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. 4.7 Permits. Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises. 4.8 Compliance with laws. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California, and the Federal Government. 4.9 Utilities. Lessee shall fumish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or sublet the said premises or any part thereof without the written consent of the City Manager, subject to such times as the City Manager deems appropriate. The City Manager may agree to additional terms if necessary to assist the Lessee secure financing for the construction of improvements on the leased premises. Lessor agrees to not unreasonably withhold approval of Lessee's request to assign this Lease contingent upon Assignee meeting all criteria for leasing said property regarding airport related uses and consistency with Airport Master Plan. Lessor may terminate this lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assignment" includes both voluntary assignments and assignments that occur involuntarily or by operation of law. 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the leased premises, any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and -3- employees from and against any and all claims, liability, loss, cost, or other obligation, including reasonable attorneys' fees, on account of or arising out of Lessee°s use of the leased premises. 6.2 Liability insurance. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute a material breach of the lease and furnish grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event, Lessor shall have the right to terminate this lease and retake possession of the lease premises and any improvements which upon termination of the lease become of the property of Lessor. 8. HOLDING OVER. Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon. 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs and attorneys' fees. 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. -4- Any mitten notice required hereby shall be deemed given and received when personally served or placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: TO CITY: Joe Mayfield City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 14. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 15. PREVIOUS AGREEMENTS. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 16. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: By: City Clerk LESSEE By: Its: LDAGR Mayfield.agr 12/8/99 -5- ITEM NO. 6k DATE: December 15,1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AMENDMENT TO LEASES WITH NICK BISHOP, MARK ASHIKU, AND BRIAN BRODOSKI FOR THE UKIAH REGIONAL AIRPORT Staff has received requests from three recent Airport tenants, Brian Brodoski, Mark Ashiku, and Nick Bishop to amend their respective leases. The requests are based upon their need to secure financing for the construction of improvements, utilizing the improvements as security for their loans. In order to facilitate financing, most lenders require that construction loans be secured by the improvements so that should the borrower default, the lender may recover the value of the loan by reassigning the leases to a new party. As this has been a recurring problem due to the surge of new development on the Airpod, staff, including the City Attorney, have met and are recommending a standard language be included in the Assignment Clause of Airport leases to allow the City Manager to assign the leases should the Lessee require financing for construction. Should the council approve, the recommended language would be added to each agreement to read, "Lessee will not assign this lease or any interest therein and will not let or sublet the said premises or any pad thereof without the written consent of the City Manager, subject to such times as the City Manager deems appropriate. The City Manager may agree to additional terms if necessary to assist the Lessee in securing financing for the construction of the improvements on the leased premises. This additional language will adequately address the need of lenders for loan security while allowing the City Manager to review the need for assignment on a case-by-case basis. Staff believes the proposed amendments will benefit Airport development by allowing staff the discretion to accommodate tenants in completing Airpod improvements and recommends approval. RECOMMENDED ACTION' Approve recommended amendment to leases with Nick Bishop, Mark Ashiku, and Brian Brodoski. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease amendment requires further consideration and remand to staff with direction. 2. Determine lease amendment is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. 4. N/A Lessees ~.~ Larry W. DeKnoblough, Community Services Director Michael Flad, Assistant City Manager Candace Horsley, City Manager Amended Paragraph 5. Assignment Current lease with Nick Bishop Current lease with Mark Ashiku Current lease with Brian Brodoski Candace ~rsley, CIy Manager Attachment #1 AMENDED PARAGRAPH 5. ASSIGNMENT: 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or sublet the said premises or any part thereof without the written consent of the City Manager, subject to such times as the City Manager deems appropriate. The City Manager may agree to additional terms if necessary to assist the Lessee secure £mancing for the construction of improvements on the leased premises. Lessor agrees to not unreasonably withhold approval of Lessee's request to assign this Lease contingent upon Assignee meeting all criteria for leasing said property regarding airport related uses and consistency with Airport Master Plan. Lessor may terminate this lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assignment" includes both voluntary assignments and assignments that occur involuntarily or by operation of law. LEASE AGREEMENT This Lease, made thi~ay of/.~, by and between the City of Ukiah, State of California, a~ing by and through its City Council, hereinafter referred to as "Lessor" and West Coast Wings, a for profit company, 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 6,000 square feet of that certain parcel of property commonly referred to as "Ukiah P~egional Airport, located at 1411 South State Street, City of Ukiah, Mendocino County, and more specifically described on the attached "Exhibit A" together with a right of access thereto. 1.1. The parties further agree that Lessee shall retain an option to lease an additional fifty (50) foot by forty (40) foot, (2,000 square foot), area contiguous to the south side of the leased premises for a period of two years commencing on April 1, 1999 and terminating on March 31, 2001. Should the southerly property adjacent to the option property not be developed within six (6) months of the execution of this lease, lessee may request an extension of the option property by an additional ten (10) feet to the south, thereby creating a fifty (50) by fifty (50) option area totaling 2,500 square feet. -1- 2. TERM. The term of this Lease is for a period of forty (40) years commencing upon the date whereupon Lessee satisfies the following conditions: 2.1. Lessee obtaining all necessary site development and building permits. 2.2. Lessee securing financing for construction. 2.3. Lessee has one hundred and twenty (120) days from the date of the City Council's adoption of this agreement to satisfy conditions 2.1 and 2.2. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $180 per month for the primary 6,000 square feet. Lessor further agrees to pay an additional $.01 per square foot on any and all option property identified in this lease. At the commencement of the second year and each subsequent year thereat~er the rent for both the primary and option properties shall increase by the percentage change in the Consumer Price Index (CPI) during the preceding calender year (January to December) but not to exceed 5%. CPI means the index for all urban consumers (1982- 1984 - 100), U.S. City average, all items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between the City and Lessee. The rent shall be due by the fifth day of each month and shall be considered delinquent, if not received by the Lessor's finance department by the tenth day of the month. Lessee shall pay Lessor interest on delinquent rent at the rate of 1.5% per month. The full monthly interest shah be due on the first day of each thirty day period aider the rent becomes delinquent. -2- 4. USE ANI) IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of the lease. 4.1. Lessee shall use the leased premises exclusively as a facility for the maintenance, manufacture, assembly, restoration, sales, and distribution of aircrai~ or parts thereof. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Lessee shah prepare plans and specifications for said improvements including landscaping of the leased property and obtain approval prior to work on the leased premises. 4.3. Lessee agrees to keep the premises and all improvements in good repair and order, and to bear the full cost for maintenance of all improvements. 4.4. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 4.5. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.6. Lessee shall not only use or permit the leased premises to be used in full compliance with all applicable City, state or federal rules, regulations, statutes or ordinances. 4.7. Lessee shah not do or permit to be done on the Premises, nor bring or keep or permit to be brought or kept in the Premises, anytlfing (a) which is prohibited by or in conflict with any law, ordinance or governmental rule, or (b) which is prohibited by the standard form of fire insurance policy or, © which will increase the existing rate of or affect fire or other insurance on the Building or its contents or cause a cancellation of any insurance policy covering the Building or any part of it or its contents. Lessee shall not use or store in the Premises any hazardous or toxic -3- substances, with the sole exception of reasonably necessary substances that are kept in reasonably necessary quantities for normal business operations, provided that their use and storage are in accordance with applicable laws. Lessee shall not use or allow the Premises to be used for any unlawful purposes, nor shall Lessee cause, maintain, or permit any nuisance or waste on or about the Premises. 4.8. Lessee shall be responsible for landscaping or landscape maintenance of the leased premises, and shall maintain the exterior of the improvements and the landscaping in a neat, weed free and healthy condition, in accordance with the approved plans. 4.9. Subject to the conditions set forth in Paragraph 4.2 of this lease, Lessee agrees to complete construction and installation of a second hanger door to the facility proposed under the terms and prior to the termination of this lease. 5. ASSIGNMENT. Lessee shah not, without prior written consent of Lessor, assign or hypothecate this Lease or any interest in this Lease, sublet the Premises or any part of them, or license the use of the Premise by any party other than the Lessee. Neither this Lease nor any interest in this Lease shall be assignable without the consent of Lessor. Any of the previous acts without consent shall be void and shall, at the option of Lessor, constitute a noncurable default under this Lease. 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 thereaiter 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 attoruey's fee, on accotmt of or arising out of any such injuries or losses however occurring. -4- 6.2. Lessee covenants and agrees during the life of this Lease at Lessee°s sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3. Lessee shah maintain property loss insurance to protect against fire and other hazards with policy limits equal to the full replacement cost of the improvements. The insurer and coverage must be approved by Lessor. In the event of damage to any improvements on the leased premises, Lessor shall rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform Code standards. The reconstruction required herein shall commence within ninety (90) days after the receipt of insurance funds paid for the purpose of reconstruction, and shall be pursued diligently to completion. 7. DEFAULT AND TERMINATION. 7.1. Events of Default. The following events shall constitute events of default under this Lease (each an "Event of Default'): (a) A default by Lessee in the payment when due of any rent or other sum payable under this Lease and the continuation of this default for three (3) or more days after notice of default from Lessor; (b) A default by Lessee in the performance of any of the terms, covenants, agreements, or conditions in this Lease, other than a default by Lessee in the payment when due of any rent or other sum payable under this Lease, and the continuation of the default beyond ten (10) days after notice by Lessor or, if the default is curable and would require more than ten (10) days to remedy, beyond the time reasonably necessary for cure; © The bankruptcy or insolvency of Lessee, a transfer by Lessee in fraud of creditors, an assignment by Lessee for the benefit of creditors, or the commencement of proceedings of any kind -5- by or against Lessee under the Federal Bankruptcy Act or under any other insolvency, bankruptcy, or reorganization; (d) The appointment ora receiver for a substantial part of Lessee's assets; (e) The abandonment of the Premises; and (f) The levy upon this Lease or any estate of Lessee under this Lease by attachment or execution and the failure to have the attachment or execution vacated within thirty (30) days. 7.2 .Termination upon Default. On occurrence of any Event of Default by lessee, Lessor may, in addition to any other fights and remedies given here or by law, terminate this Lease and exercise remedies relating to it without fi~rther notice or demand in accordance with the following provisions: (a) So long as the Event of Default remains uncured, Lessor shall have the fight to give notice of termination to Lessee, and on the date specified in this notice, this Lease shall terminate. (b) If this Lease is terminated, Lessor may, by judicial process, reenter the Premises, remove all persons and property, and repossess and enjoy the Premises, all without prejudice to other remedies that Lessor may have because of Lessee's default or the termination. © If this Lease is terminated, Lessor shall have all of the fights and remedies of a landlord provided by Civil Code § 1951.2, in addition to any other rights and remedies Lessor may have. The damages which lessor may recover shall include, without limitation, (I) the Worth at the time of award of the unpaid rent wlfich had been earned at the time of termination; (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amotmt of the rental loss that Lessee proves could have been reasonably avoided; (iii) the worth at the time of award computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%) of the amount by which the unpaid rent for the balance of the term after the time -6- of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; (iv) all reasonable costs incurred by Lessor in restoring the Premises to good order and condition to relet the Premises; and (vi) all reasonable costs, including without limitation, any brokerage commission incurred by lessor in reletting the Premises. 7.3 Continuation after Default. Even though Lessee has breached this lease and abandoned the Premises, this Lease shall continue in effect for so long as Lessor does not terminate Lessee's right to possession, and Lessor may enforce all rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease. Acts of maintenance or preservation, efforts to relet the Premises, or the appointment of a receiver upon initiative of Lessor to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to possession. 7.4 Other Relief. The remedies provided in this Lease are in addition to any other remedies available to Lessor at law, by statue, or otherwise. 7.5 Right of Lessor to Cure Defaults. Agreements and provisions to be performed by Lessee under this Lease shall be at Lessee's sole cost and without abatement of rental, except as specifically provided in this Lease. If Lessee (a) fails to pay any sum of money, other than rental, required under this Lease, or (b) fails to perform any other act under this Lease, and this failure continues for ten (10) days after notice ofthe failure by Lessor, or a longer period as may be allowed under this Lease, Lessor may, without waiving or releasing Lessee from any obligations of Lessee, make payment or perform other acts required by this lease on Lessee's behalf. Ail sums paid by lessor and all necessary incidental costs shall be payable to Lessor on demand and shall constitute additional rental under this Lease. 8. ATTORNEY'S FEES. In the event of any legal action arising out of this Lease, the prevailing party shall recover its attorney's fees and costs resulting from such action. -7- 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default h~ 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;. West Coast Wings City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. RECORDING ANI) BINI}ING EFFECT This Lease may be recorded and shall be binding upon and inure to the benefit of any successor to or purchaser of either party's interest. 13. 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. -8- 14. 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 ofthLq Lease, and such prior agreements, statements or understandings shall have no further force or effect. 15. 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. ATTEST: ~ ~ Marie Ulvilla, City Clerk CITYOFUK~ n ~ Lessee , _._--.~- \.t~"~ ~ ld/agreem~mts Bishop.agr -9- /0 .) II.I;;UllAI'ICF; III~,(~UII~!!;14EHT$ 1;'O1~ I.,FSSSEI::,'~ (l'lO AUTO RISK l.en~;e,~ sl~all I~r~cut'~ a~d ~uai~tai~ for tl~e durat.io~ of tl~e ;Jl.~:tiJl:;l: ~:]:tJ~; l~' ll~.jurie~; lc) p~r:;o~:; or dafnage:; to property wl~icl~ (t't~l t~t' iii t:t.~t~i~t~t::llt~t~ t011. il t. ll(~ l,(~:;~;(.~t~':; (~l~et'nt.io~ al~tl tJ:;e o(' (lie 'l'll(~ co:;t u[' ~;tit:ll i~:;ura~ce ~;ljall b(2 borl~e by tile Cuvet-~l;e :;i~ail bt: nt lenst ns I)road a~: j., I~sut'a~ce Set'vices of[ice .co~nnterdal Get,et'al I..iability coverage (,,occurr~i~cu~ l'ot'~ CG 0001.). 2. Worlcet't;' Co~l~el~.qntios~ i~surnnce as rS~cluit'ed by tl~e SLate of California as~d l~ployet":; l,iai~i.lity i~sut'n~ice (lOt- lessdes witl~ employees). Foveillelltl; of 3. l'J'~.,l~U~'tY lt~z;tlt'al~(:e nl~,ai~]st all L'JZ;Ic~; Of Jt.~Z;~ tO ally tellallt i~ul~ i.lil~i;~uw~ Llss~its of l~surance " .I, ~;e;terai I,i:~l~ility: :i;J.,{lO0,{lO0 pet' occurrence for boclily lnjut-y, per~;onal . ul. ltet' Iot'ttt witl~ a !',~t~et'al al~,t~,t'eg~ste lite,it i:; used, eitl~er tl~e :tl,,l,,rt'.l',att: lit~il. :;l~al.l hi,plY ~;~[.}:lt'a{.ttly [O tills l>roJuct/l°caLi°t~ Of tl;e i,,,:t~t~;.:~i ;;i,,i,,~-~l..,,;tte Ii,nit :;Itall I~u twic:~ tl~e rccluirud oCCUFt'ellCe lily,it. 2. I:i~,~l.,I,.)Ye~":.: I..i;~l.)i.lily: :l,l.,O{)O,I}{){) l)el.' llCtStlellt [Of bocli.ly itljtlFY t)~' 3. I'rul.,ertY l~z;ut'~?sce: F'ull t'el~lace~e~tt cost witi~ ~o cc~inst~l'a~ce I~e~altY i]t'uvi:;io~. ' ' " l)eductil~len n.tl~5-gIf-l~;ut'ed lteteslt~M.:~ ~;t be declared, to and apl~roved by ·.. eitl~e~:: tl~e in~;uret' sl~all reduce or lief: cily. At tll~ t)l,I.iOl~ o[' [lie City, , ~;tst:l~ cleclt;ctil.~le~; o~' ,.~ell'-il~:;Ut'ucl retet~t.io~ss ns re~;puct=; tl~e Gity, its o[{icinls, es~l)l°YeeS ~sl~cl volunteers; of tl~e Lessee shall l.)t'ovide a fi~n~cial gt~at'a~tee t;:~tlz;[:~cl.c~t'Y to rise City I;tlat. ante~ng l)ayls~t Df }o:;su~ a~cl i~vt?~;tllS:sl.i~.~;, clail~t acl~silsi~;tratit)n ;s~scl clu[ensu expenses. .... ' ~ , ..... t-a~ce I,t-ovisioi~s Otl~er ~,o~ ..... ;..: ....... s to contain, or be endorsed to contain, the :iq'~ ge~er~! liability policy I covet'ecl }.'l'ls~ Ci{y, Il.:; t)tl'icer:;, o[[icials, e~ll'~loyees and volu~teers are to be :~; i~:;u~'etl:; witl~ t-er;peet to liability at-i:;l~g out of ownerslsip, t,:;e of tl~at i~a~'t ol' tl~e I)t'ului~se:; leased to tl~e 2. ' i - ' tl~,.~ t:ity, il.:; o['l. icern, ol'l'iciais, e~ployt'zes a~cl volul'~teers- ,,,' :;,?ll...i~,.;~.;~sce ~ai~tai~ed by tl~e City, its o[l'icers, ol'ficial'0, e~ul:,loye~as u~' vulu~t~:~r:; sl~all be e)tcess of tl~e Lessee't; il~st.~rat~ce illltl z;ilall t'.ot c~9~tribute witi~ it. 3. I..;acl~ il~st~ra~ce policy re~lUire<l by tl~is clnu:~e shaJl be e~dor:;e~l to stale {l~at cover;~/~e :;l~all not I~e cn~celecl, except after' tl~irty (30) days' I)riof ~.~ritt,.~ ~t~ticu by (.:~,.rti{ied i~ail, ~'et.t.~'~ receipt rt::clt~e';ted I~a:; been l;iven to tl~e City. Acceptability of I~sut'ers ]~sura,~ce-'~'-( to be placed xvit]i i)~sut'et's x,/it]~ a cut-t'ent A.}.$. ]3est's fating of · ]ess tl~a~ A:VII. Veril'icatio~ of ......... inal certificates and a~nendatory L[.~.,ee nl~all lurnlsl] tl~e City ~itl~ orig e)~{lor.qe)))e~l~; eIfecting covet'nl:',e re{luit'ed by tl~is clause. 'l'l~e endovse~ne)~ts ~;I)t)t~l(I be (~) I~'~:; I)rovided by I.i~e City or' o~ otl~et' tl~a~ tl~e City's form:;, i)~'ovi~led tl~ose e~{lorse~ents or' poticies confor~n to tl~e recluire~ne~ts. ce~'kilJcates ;~cl e~dorse~nent:; nrc to be received and al>proved by the City I)efoJ'e t¢o~'}c ttC~llll~e~(rez;. 'l'l~e City reserves tl~e rigi~t to t'etluire co~nplete, ce~'tifi~?d (.:Ol~J(~:; of all retlt~ired ii):;urance ~{lecCis~g ti~u covet'age ].'t:quired by ti)ese specil'ications at any tissue. .. /3 LEASE AGREEMENT This Lease, made this 1 st day of October, 1999, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Mark Ashiku, a private aviation operator, hereinat'ter referred to as "Lessee." RECITALS; 1. Lessor has the authority contained in Government Code 37380, 37389 and 37395 to lease municipal and airport property. 2. Under Government Code section 37389 the Lessor has the authority to lease airport property for a term not to exceed fifty (50) years for file construction and maintenance of hangars and related purposes. 3. Lessee intends to lease airport property from Lessor to construct and maintain an airplane storage hangar. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinat~er expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor 3,000 square feet (50x60) located at the Ukiah Municipal Airport, more accurately identified in Exhibit "A" and known as "the leased premises." 1.1. The parties further agree that should the site identified in Exlfibit "A" be determined infeasible for development for any reason, lessee shall retain an option for the development, contingent upon Lessee obtaining the necessary approvals by the Airport Commission, Planning Commission, and city Council, of the property identified in Exhibit "A. 1" for period not to exceed three (3) months from the date of the initiation of this agreement. 2. TERM. The term of this lease shall commence on the date set forth above, and shall continue in effect for a period of forty (40) years, expiring at midnight on June 30, 2039. .. 3. RENT. 3.1 Amount. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sa_~m of $90 per month for file first fltree years of this agreement. At the commencement of each subsequent year the rent shall be increased at the rate equal to the Consumer's Price Index, however not to exceed 5%. 3.2 When due; late fees and interest. Rent shall be due on the fifth (5th) day of each month and shall be considered delinquent if not received by the Lessor's Finance Department located at 300 Seminary Avenue in Ukiah by 5:00 p.m. on the tenth (10th) day of the month. Lessee shall pay a late fee of $10, if the payment is delinquent. In addition, Lessor may charge Lessee interest on the unpaid portion of the delinquent payment until paid in full as provided in Ukiah City Code section 2051. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes, and assessments imposed on the leased premises, property located on or affixed to the lease premises or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. 4.1 Condition of the leased premises. Except as provided in Paragraph 1.1 of this lease, Lessee hereby agrees to accept the use of the leased premises in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee assumes the obligation at its own expense to remove and properly dispose of any toxic or hazardous substances that may exist on the premises, if such substances are found to exist on the premises and must be removed in order for Lessee to make use of the leased premises. Lessee represents that it has made a thorough inspection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or present on the leased premises. Lessee understands that the subject premises contains a storm water discharge line maintained by Lessor and should Lessee complete improvements or construct any portion of a building over the storm water discharge line, Lessee agrees to allow Lessor complete and mfinhibited access to said line for the purpose of maintenance and/or repairs. 4.2 Use of Hangar. Lessee shall use the leased premises exclusively for the storage of aircraft and related purposes. If Lessee fails to use the Leased Premises for such purposes for a period of ninety (90) days, the lease shall terminate and Lessee shall restore possession to Lessor. Lessee shall keep the exterior area hangar neat and orderly, and clear of all cans, rags, boxes, excess aircraft parts, and other items. Lessee shall not interfere with the use of the airport by others and shall not maintain or allow a nuisance on the Premises. 4.3 Improvements and modifications. Within year one of this agreement Lessee agrees to complete the constmction of a 3,000 (60 x 50) square foot aircraft storage hanger. Should lessee fail to construct the improvements within one year for the date of execution of this agreement, Lessor shall have the right to terminate the agreement in accordance with the conditions set forth in Paragraph 7. Lessee shall not initiate any improvements or alterations to the leased premises without the prior written approval of Lessor through its City Manager or his or her designee. 4.4 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements. 4.5 Storage or use of toxic or hazardous substances. Lessee shall not dispose or permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or toxic ~substances are disposed of or released on the leased premises by Lessee or as a result of Lessee's activities during the term of this lease, Lessee shall assume the entire obligation to clean up any such substances and shall fully indemnify, defend and hold harmless the Lessor and its officers, agents and employees from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. 4.6 Permits. Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises including but not limited to Planning Commission approval ora Site Development Permit. 4.7 Compliance with laws. Lessee shall insure that no' alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California, and the Federal Government. 4.8 Utilities. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or sublet the said premises or any part thereof without the written consent of the Lessor. Lessor agrees to not unreasonably withold approval of Lessee's request to assign this Lease contingent upon Assignee meeting aH criteria for leasing said property regarding airport related uses and consistency with Airport Master Plan. Lessor may terminate this lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assio~mment" includes both voluntary assi~mments and assignments that occur invohmtarily or by operation of law. 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the leased premises, any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all claims, liability, loss, cost, or other obligation, including reasonable attorneys'.fees, on account of or arising out of Lessee°s use of the leased premises. 6.2 Liability insurance. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute a material breach of the lease and furnish grotmds for termination of this lease. Any action taken or sutt'ered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing ora voluntary or involuntary petition in the United States ba~dcruptcy court, any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event, Lessor shall have the right to terminate this lease and retake possession of the lease premises and any improvements which upon termination of the lease become of the property of Lessor. Lessor or Lessee shall have the right to terminate this Lease on ninety (90) days' prior notice of'termination. If Lessee has not breached the lease at the time the lease terminates and Lessor determines to relet the premises to non-goven~mental persons or entities for hangar purposes, Lessee shall have a right of first refusal to relet the Premises on the same terms and conditions the Lessor offers to such other persons or entities, if Lessee notifies Lessor that it wishes to exercise such right within ten ( l 0) days of'the date it is notified by Lessor that Lessor intends to relet the Premises. 8. HOLI)ING OVER. Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, to enter upon the leased premises, or any part thereof~ to inspect the same and all buildings and other improvements erected and placed thereon. 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs and attorneys' fees. 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental pa3anents from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assigmnent of this Lease. 13. NOTICES. Any written notice required hereby shall be deemed given and received when personally served or placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: Mark Ashiku TO CITY: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 14. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 15. PREVIOUS AGREEMENTS. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of tiffs Lease, and such prior agreements, statements or m~derstandings shall have no further force or effect. 16. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms o£tlfis Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: City Clerk LESSEE Its/: LD/AGREEMENTS ASHIKU. AGR 3. Each insurance policy required by this clause shall be endorsed to stare that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to tl~e City. Acceptabilit/ of Insurers · Insurance is to be placed with insurers with a current A.I.I. Best's rating of no less titan A:VII. ' Verification of CoveragR Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage .required by this clause. The endorsements si~ould be on forms provided by tl~e City or on otl~er than tl~e City's forms, provided tltose endorsements or poLicies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements elfecting tire coverage required by these speci£ications at any time. o. · LEASE AGREEMENT This Lease, made this 1st day of October, 1999, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Brian Brodosky, hereinafter referred to as "Lessee." RECITALS; 1. Lessor has the authority contained in Government Code Section 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 9,000 square foot portion of that certain parcel of property commonly referred to as "Ukiah Regional Airport, located at 1411 South State Street, City of Ukiah, County, and more specifically described on the attached "Exhibit A" or together with a right of access thereto. 2. TERM. The term of this Lease is for a period of fifty (5.0) years commencing on the date set forth above. Lessee shall have the right to renew this lease subject to terms and conditions which shall be agreed upon at the time of renewal. 3. RENT. 3.1 Amount. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $270 per month for the first four years of this agreement. At the co~nmencement of the fifth year and each year thereafter the rent shall increase by the percentage change in the Consumer Price Index (CPI) during the preceding calender year (January to December). CPI means the index for all urban consumers (1982-1984 = 100), U.S. City average, all items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPF' shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between the Agency and Lessee. 3.2 When due; late fees and interest. Rent shall be due on the fifth (5th) day of each month and shall be considered delinquent if not received by the Lessor's Finance Department located at 300 Seminary Avenue in Ukiah by 5:00 p.m. on the tenth (10th) day of the month. Lessee -!- shall pay a late fee of $10, if the payment is delinquent. In addition, Lessor may charge Lessee interest on the unpaid portion of the delinquent payment until paid in full as provided in Ukiah City Code section 2051. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes, and assessments imposed on the leased premises, property located on or affixed to the lease premises or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of the fifty(50) year term of this lease. 4.1 Condition of the leased premises: Except as provided in Paragraph 1.1 of this lease, Lessee hereby agrees to accept the use of the leased premises in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee assumes the obligation at its own expense to remove and properly dispose of any toxic or hazardous substances that may exist on the premises, if such substances are found to exist on the premises and must be removed in order for Lessee to make use of the leased premises. Lessee represents that it has made a thorough inspection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or ~resent on the leased premises. Lessee understands that the subject premises contains a storm water discharge line maintained by Lessor and should Lessee complete improvements or construct any portion of a building over the storm water discharge line, Lessee agrees to allow Lessor complete and uninhibited access to said line for the purpose of maintenance and/or repairs. 4.2 Use of Hangar. Lessee shall use the leased premises exclusively for aviation related purposes. If Lessee fails to use the Leased Premises for such purposes for a period of ninety (90) days, the lease shall terminate and Lessee shall restore possession to Lessor. Lessee shall keep the exterior area hangar neat and orderly, and clear of all cans, rags, boxes, excess aircraft parts, and other items. Lessee shall not interfere with the use of the airport by others and shall not maintain or allow a nuisance on the Premises. 4.3 Improvements and modifications. Within year one of this agreement Lessee agrees to complete the construction of all improvements. Should lessee fail to construct the improvements within one year for the date of execution of this agreement, Lessor shall have the right to terminate the agreement in accordance with the conditions set forth in Paragraph 7. Lessee shall -2- not initiate any improvements or alterations to the leased premises without the prior written approval of Lessor through its City Manager or his or her designee. 4.4 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all ~naintenance and repair of the leased premises and all Lessee installed improvements. 4.5 Storage or use of toxic or hazardous substances. Lessee shall not dispose or permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or toxic substances are disposed of or released on the leased premises by Lessee or as a result of Lessee's activities during the term of this lease, Lessee shall assume the entire obligation to clean up any such substances and shall fully indemnify, defend and hold harmless the Lessor and its officers, agents and employees from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. 4.6 Permits. Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises including but not limited to Planning Commission approval ora Site Development Permit. 4.7 Compliance with laws. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full co~npliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California, and the Federal Government. 4.8 Utilities. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or sublet the said premises or any part thereof without the written consent of the Lessor. Lessor agrees to not unreasonably withold approval of Lessee's request to assign this Lease contingent upon Assignee meeting all criteria for leasing said property regarding airport related uses and consistency with Airport Master Plan. Lessor may terminate this lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assignment" includes both voluntary assignments and assignments that occur involuntarily or by operation of law. 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the leased premises, any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all claims, liability, loss, cost, or other obligation, including reasonable attorneys' fees, on account of or arising out of Lessee's use of the leased premises. 6.2 Liability insurance. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute a material breach of the lease and furnish grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing ora voluntary or involuntary petition in the United States bankruptcy court, any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event, Lessor shall have the right to terminate this lease and retake possession of the lease premises and any improvements which upon termination of the lease become of the property of Lessor. Lessor or Lessee shall have the fight to terminate this Lease on ninety (90) days' prior notice of termination. If Lessee has not breached the lease at the time the lease terminates and Lessor determines to relet the premises to non-governmental persons or entities for hangar purposes, Lessee shall have a right of first refusal to relet the Premises on the same terms and conditions the Lessor offers to such other persons or entities, if Lessee notifies Lessor that it wishes to exercise such right within ten (10) days of the date it is notified by Lessor that Lessor intends to relet the Premises. 8. HOLDING OVER. Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon. -4- 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs and attorneys' fees. 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. Any written notice required hereby shall be deemed given and received when personally served or placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: Brian Brodosky TO CITY: City of Ukiah 300 Semina/y Avenue Ukiah, CA 95482 14. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 15. PREVIOUS AGREEMENTS. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 16. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. -5- ATTEST: City Clerk CITY OF UKIAH LESSEE B Its: LDAGR Brodosky.agr -6- .%_7 Exhibit II.ISUllAI'IC.I'; I{EQIJIIIF. IqI~I'ITS F'OI[ LESSEES (NO AUTO RISi(S} l..e:;see sl~all I~FOCUt'e a~ld mais~tai~l l'oF tl~e duFado~ of tl~e co~tract insuFa~ce ;igaifl.qt cl;~im5 for i~jtfFies to l>eFso~l.s oF damages to PFOl>eFty t-~i~icl} Inay arise . [FL}ill O!' ill Col~eC(iol~ trill, tile l.e:;~;ee':: Ol~et-;~Oo~ n~d usa of tile len:;ed I) t'r:l~lJs~2S. 'l'l~e co:;t of :;rjr:Il i~sut'a~ce sl~a. ll be before by tile Lessee. Coverage sliall be at least as I)road a~' J.. l~sut-a~ce Services Office .Comn~er~al geneFal Liability coverage ("occurFe~co' for,~ CG 000l}. 2. t-loFkers' Co~l~e~lsatio~ i~surnnce as rgquit-ed by tiao'State of C~foFnia and lS,~ployer's l.iability insura~ice (foL- lessdes ~itl~ employees). ;J. I'~'(.,l~t~Fly i,~suFat~ce agait~st all t'islcs of loss to any te~a~t i~.prove~e~ts of I.essee sl~all (uaintai~ iii,fits ~o les:; titan: .!. (ie~eFal l.ial)ili{y: $1,000,{')00 peF occuFrence foF bodily injuFy, peFsonal · i~.itt~'y a~(l I.)FOI~eFIY (la~[al;e. If Co~.l~]ercial Ge~eF;.il I. iability ll~suFa~ce of Olll{~l' lei'lit t-~itl~ ;~ !;el~eFal alSg['eisale lily,it is used, eitl~eF {l~e get,et-al al.;!,,Ft?l[ate li~it :;i~;~l.i ni~l'~l)' Sel'~aFately to tills l'~t'oject/locacio~ et' tl~e i;,:~e~';~l ;~l,,15~'egate li~it :;l~all I>e twice tl~e FequiFed occurFence li~it. 2. I:~l,I,.~ye~"~: l.iabi.lity' $1,00(I,0(10 l~e~.' ac(Sde~t l'oF bodily i~ju~'5' oF disease. J. I'Foi,e~'{x' l~sut'a~ce' F'ull t-ol~lace~e~t cost x~itl~ ~o coin:;u~'a~ce i')e~ally - . i~t-ovisio~. , IJeductil~l,' a~d Self-l~lsuFed liete~itJo~:; .......... , Fed to and al)l~rox, ecl by ll~e City. At tl~e Ol',tio~ of il~e City, eitl~ew: tl~e jnsuFec sl~all Feduce o~- elJ~i~;.~e ~:ucl~ dedt;ctiDles el' sell'-i~:;ured Force,eons as re:;pects tl~e City. its o~f/ceFs, ol'~i(:inls, e~l, loyees a~d volunteeFs; oF tl~e Lessee shall pt'ovide a fina~cial /~.uara~}tee salJs{;lctot'y lo tl~e City i;t~at-al~te~g pay~nent 9f losses a~d j~vt?stigati{J~S, clai~ ad~inistt'ation jillS defense expenses. . . . Otl~eF lllSUFalice l'Fovjsio~s 'l'l~e ge~e[-al liability policy Is to co~tai~, oF be endorsed to contain, tl~e foHoNi~g J. 'l'l~e Cily, Il.r; o[ficeFs, officials, e~l'~loyecs a~(l volul~teeFs afc to be coveFed :~:; i~:;u~'ed:; witi~ Fesl~ect to liability aFisi~g out of otv~ersl~ip, {j~' t~:;e el tl~;tt I~a~'t of tl~e I)Fe~ti:;e:; leased to tl~e lessee. 2. 'I'lle I.e:;:;ee':; i~5ut-;lllCe covet'al5e :;ll;fl.l be l)t-i~;.~-), i~sut'a~ce as tl~,.: City, il.:; ol'i. icet's, ol'l'icials, e~ployees a~d volunteeFs. A~y ~,,-:;,:lI'..i~:,ti~'al~Ce ~ail~laJ~ed I)y tl~e Ci{)' its officeFs officials o~' volu~teeF2; 5llilll be e>tces:; of {l~e Lessee'5 ji~stli-illiCe ill~{I sl~all Accel~l;Jbili[): o[ ]llsuret's I~sur~ce is ~o be l;l:~ced ~,,itl[ i~sure~'$ ~,,i(l~ ~ current: ,a..;4. 13est's r.ating ~5 les.'; [l~;li~ /\:VII. Verific;Itio~ o[ Coverag_e. Lessee si,nil lurl]isli tile City t,~il_lJ ori/.;i~;~l certJl'Jcates :~nd g~endatot'y. e~dorseme~t.s e~fecti~g (:ovet'~l~,e retit~it'ed by tl~i~ clause. 'l'i~e enclov~e~ents ~;i~c~t~lcl be ~'~ f~r~s I~i-oviclecl by I.l~e City or on otl~er tl~a~ tl~e Cit3,'s form::, i~'ovicled II,use es~dorse~e~ts o~' i~oticies confor~n to tile recluire,~e~ts. ce~'Lilicate:; ;~cl e~tlorse~ue~'~t:; ;~re to be received and ~pproved by tl~e C~ty Ijt~f()~'0 t4(j~'k c()l[~l[[(~[Ices. 'l'i~e City t'eset vt.~ gl t to require co~s~l~lete, c(,.['lili~d c(.~i~ies of' nil t-e(it~irecl i~l:;tj~'i~s~ce l~olJcies, jncludi~l:', e~clot'semei~t5 elle(:l, is~l~ I.l~ (:~;vet';~Ee t'(:(luit'ecl I)y ti]e:;e specifications ~t a(~y ti~e. -. ITEM NO. _ 8a ,'L DATE: December 15, 1999 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF RESULTS OF FORD STREET AND CLARA AVENUE TRAFFIC CALMING SURVEY AND RECOMMENDATION REGARDING THE TRAFFIC CALMING DEVICES SUMMARY: Due to ongoing concerns regarding the traffic calming devices installed on Ford Street and Clara Avenue, the City of Ukiah chose to survey residents of the Ford Street and Clara Avenue neighborhood. On October 8, 1999 the Street Department staff distributed the survey, Attachment 1, to approximately 300 houses/apartments. A total of 106 surveys were returned to the City of Ukiah for consideration. The results of the survey are summarized in Attachment 2. The survey form allowed individuals to make more than one selection for each street. As such, the table lists a total count of the number of responses for a particular survey option. Some surveys were returned with no responses selected. The survey results would indicate that a majority of respondents would like the traffic circles removed. In previous reports, however, the Department of Public Works had found the traffic circles to be effective in reducing vehicle speed on the streets, though this effect was reduced with time as drivers became more accustomed to the circles. continued on Page 2 RECOMMENDED ACTION: Direct staff to remove the traffic circles located at Ford Street and Sidnie Street and at Clara Avenue and Sidnie Street. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Direct staff to install permanent traffic calming devices. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Ford St. and Clara Ave. neighborhood residents re_ceiv, ed staff reports. Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Tabulation of Traffic Calming Survey Results 2. Traffic Calming Survey Can~ace Hor~ley, Cit"-y I~anager AGFordClaraSurvey. SUM Discussion Of Results Of Ford Street And Clara Avenue Traffic Calming Survey And Recommendation Regarding The Traffic Calming Devices December 15, 1999 Page 2 Some residents of the Ford Street and Clara Avenue neighborhood have expressed concern regarding vehicle speed in the event that the traffic circles are removed. Staff will contact the Police Department regarding this matter to request additional enforcement (for traffic speeds) in the neighborhood and to post the speed radar trailer. The Traffic Engineering Committee (TEC) reviewed the survey results at its regular meeting of October 12, 1999. After substantial discussion, the TEC recommended removal of the traffic circles to the City Council. Staff is recommending that the City Council concur with the TEC's recommendation regarding removal of the traffic circles. AGFordClaraSurvey. SUM City of Ukiah Analysis of Ford St. and Clara Ave. Traffic Calming Survey C-lfY--O--F- UK!A-H! ............. ]~_ .... _~ ; Ford Street_and: Clara Avenue Traffic Calming Survey - October 1999 Prepared By~ Rick s;~nor -:r ...... -Ford St. Clara Ave. o-ption · ~ · · ' ....... t ........ ~ i Descnptl°n ..... ~ count I p_er_ce_n.t~ cg_unt_ percent .... A leave traffic circle I 24 ] 20 i 31 .... B -- :remove [raffic~:-i-rcle ..... ~-49--i ....40 ......z~9 - C' construc;~ neckdowr~- 7 ...... 0 ~ .....0 ---i-- -`5 ....... -5- D constrUctchicane --' i .5"! 4 ..... ~ .5 ........ 5--'- _ . E construct bulb-out ' 0 ~ 0 ! i ' F'(-Ford Stl) 'ConStruct Speed h~rnp ~ 40-' ~.R ....... i- N/~- ...... F (cia-ra AVe.) alternate measure - +---N/A ~: '-N/A ? '-15 G (FOrd St.) 'alternate measure i' 5 i -"-4- i N~A Date/Time Printed: 12/9/99 at 10:39 AM Page 1 of 1 .4 T ,-C,I:I .t. fl lYl E AJ T :uI Filename: FordClaraSmwey 300 SEMINARY,AVE., UKIAH, C`A 95482-5400 · ADMIN. 707/463-6200 - PUI3UC SAFETY 463-6242/6274 · FAX # 707/463-6204 - September 30, 1999 RE: Ford Street and Clara Avenue Traffic Calming Survey Dear Resident: As a follow-up to the neighborhood meeting held at City Hall on November 16, 1998 to discuss traffic calming on Ford Street and Clara Avenue, the City of Ukiah is distributing this survey to residents of the Wagonseller Neighborhood. At this meeting the advantages and disadvantage of various traffic claming devices were discussed. As you may know, the City of Ukiah, in cooperation with the Wagonseller Neighborhood Committee, has sponsored a traffic calming demonstration project through the construction of traffic circles on Ford Street and Clara Avenue at Sidnie Street. The City's intent through this demonstration project, is to slow down traffic travelling on Ford Street and Clara Avenue. Since construction of the traffic circles in November 1997, we have noted a reduction in the average vehicle speeds (in the vicinity of the circles) from the vehicle speeds which existed on the streets prior to constructing the circles. Nonetheless, there have been several differing opinions on the traffic circles. Therefore, we would like to receive your thoughts regarding the effectiveness of these measures as well as an indication of recommended alternative traffic calming devices. Please complete the attached survey and send it back to us. We have provided for your convenience, a self-addressed, stamped form. The City of Ukiah has budgeted for the construction of the permanent traffic circles. Should the neighborhood select through their response to this survey, a more costly traffic calming measure, it may be necessary that the neighborhood contribute financially to the construction of the alternative measure. '%~/e Are Here To Serve" Espanol al reverso TTI H IH Id T z 300 SE~I~~VE., UKIAH, CA 95482-5400 · AE)MIN. 707/463-6200 · PIJI3LIC SAFEI~ 463-6242/6274 FAX # 707/463-6204 · 30 de Septiembre de 1999 Re: Encuesta sobre t6cnicas de controlar trAfico en las Calles Ford y Clara Estimado Residente de Ukiah: Para Ilevar a cabo el tema de la junta de vecindario que tuvo lugar en el Ayuntamiento de Ukiah el 16 de noviembre, 1998, en la cual se discutieron los m6todos de controlar el trAfico en las calles Ford y Clara, la Ciudad de Ukiah estA distribuyendo la presente a los residentes de la Vecindad Wagonseller. La junta del afio pasado trat6 de las ventajas y las desventajas de varias t~cnicas de controlar el trAfico. Tal vez Ud. ya sabe que la Ciudad de Ukiah, en cooperaci6n con el Comit~ del Vecindario de Wagonseller, ha patrocinado un proyecto de demostracibn de las t~cnicas de controlar trAfico por medio de construir circulos de cemento en las Calles Ford y Clara. La intencibn de la Ciudad con este proyecto es de reducir la velocidad del trAfico en las dichas calles. A partir de la construccibn de los circulos en noviembre de 1997, hemos observado una reduccibn de velocidad en el promedio de vehiculos en esa vecindad. Sin embargo, se han expresado muchas opiniones distintas acerca de los circulos de trAfico para reducir velocidad. Asi que quisieramos recibir su opinion con respecto a la efectividad de estas medidas y tambi~n sus recomendaciones para altemativas. Por favor, Ilene la encuesta adjunta y devu61vanosla por correo en el formulado proveido, Io cual ya tiene sello y direccibn. La Ciudad de Ukiah ha reservado para la construccibn de circulos permanentes para reducir la velocidad de vehiculos. Si el vecindario elija, por medio de esta encuesta, una medida de controlar el trAfico que cueste mas que el precio propuesto, tal vez sera necesario que el vecindario contribuya financieramente a la construccibn de aquella medida alternativa. Are Here To Serve' Page 2 September 30, 1999 Ford Street and Clara Avenue Traffic Calming Survey To assist in visualizing the various traffic calming devices, please note the attached photocopy. Thank you for your response to the City's survey. Please do not hesitate to contact Rick Seanor of my staff at (707) 463-6296 if you have any questions. Sincerely, Bill Beard Interim Director of Public Works/City Engineer cc: file enc. Espanol al reverso P-Sgina 2 30 de Sepfiembre de 1999 Encuesta sobre t~cnicas de controlar tr~fico Para ayudade a visualizar los varios m<~todos propuestos para controlar tr~fico, por favor vea la fotocopia adjunta. Gracias por su respuesta a esta encuesta de la Ciudad de Ukiah. Por favor, comuniquese son Rick Seanor al nfimero (707) 463-6296 si Ud. tiene cualquier pregunta. Atentamente, Bill Beard Director del Departamento de Obras POblicas/Ingeniero CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS SURVEY Ford Street & Clara Avenue Traffic Calming Measures September 30, 1999 Please circle your response(s).for each topic. Ford Street A) leave traffic circle; it is effective at slowing traffic in our neighborhood (a permanent traffic circle will be constructed with Iow profile curb, new signage, and no parking adjacent to the circle) B) remove the traffic circle C) construct neckdown D). construct chicane ' · E) construct bulb-out F) construct speed hump G) alternate traffic calming measures - please specify: Clara Avenue A) leave traffic circle; it is effective at slowing traffic in our neighborhood (a permanent traffic circle will be constructed with Iow profile curb, new signage, and no parking adjacent to the circle) B) remove the traffic circle C) construct neckdown D) construct chicane E) construct bulb-out F) alternate traffic calming measures (speed humps are not acceptable to the Public Safety Department for this street) - please specify: If the construction cost for the selected traffic calming device(s) exceeds the City's budget, would you be willing to contribute financially to the construction of traffic calming devices? On Clara Avenue? [] yes [] no On Ford Street? El yes E! no Other Comments: Name and Address: Please return this survey in the enclosed self-addressed, stamped envelope no later than October 22, 1999. You may also fax this form to 463-6204. Thank you for participating in this survey. Jt.~ ~, ~-- Espanol al reverso ENCUESTA El Departamento de Obras P~blicas de la Ciudad de Ukiah Medidas de Controlar Trafico en la Calle Ford y la Avenida Clara 30 de Septiembre de 1999 Por favor, haga un circulo alrededor de su respuesta en cada categoria: La Calle Ford A) dejar el circulo de trafico como esta ahora; sirve bien para reducir la velocidad del trafico en nuestra vecindad. (Un circulo permanente sera construido con un bordillo bajo, nuevos r~)tulos, y sin estacionamiento al lado del circulo.) B) quitar el circulo de trafico C) contstruir el "neckdown" , D) construir el "chicane" ' E) construir el "bulb-out" F) construir el tope - G) otra medida - Favor de especificar: La Avenida Clara A) dejar el circulo de trafico como esta ahora; sirve bien para reducir la velocidad del' trafico en nuestra vecindad. (Un circulo permanente sera construido con un bordillo bajo, nuevos r(~tulos, y sin estacionamiento al lado del circulo.) B) quitar el circulo de trafico C) construir el "neckdown" D) construir el "chicane" E) construir el "bulb-out" F) Otra medida (los topes NO son aceptables al Departamento de Seguridad PSblica aqui.) Favor de especificar: Si el m~todo de controlar tr~fico que Ud. ha escogido excede la cantidad de dinero reservado en el presupuesto de la Ciudad de Ukiah, &estaria Ud. dispuesto a pagar su porci6n de la construcci6n del m6todo preferido? en Clara si no en Ford si no NOMBRE Y DIRECCION: Favor de devolver esta forma en el sobre que se lea facilitado antes de Octubre 22, 1999. O puede enviarla via fax al siguiente numero 463-6204. Gracias por su participacion. Q-m EE ITEM NO. 8b DATE: December 15, 1999 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF CHANGES TO THE SENIOR ASSISTANCE AND EMERGENCY ASSISTANCE PROGRAMS OF THE PUBLIC BENEFIT TRUST FUND Background: In October, 1998 two programs were established to assist eligible households with payment of their electricity bill. The first program, known as the City of Ukiah Low Income Emer- gency Assistance Program, assists qualifying households who are in a position of having their elec- tric service disconnected (attachment 1). The second program, known as the City of Ukiah Low In- come Senior Discount Rate Program, assists eligible senior households by providing their first 50 kilowatt (kwh) hours of electric consumption each month at no charge (attachment 2). At a previous Council meeting, Council Member Baldwin requested a review of the potential for ex- pansion or modification of the programs with a goal of assisting more households. Staff has ob- tained information regarding income status of households in Ukiah, analyzed energy consumption by households within the City and met with Council Members Baldwin and Libby, who were appointed to an ad hoc committee to develop a report for the Council. This document is presented as a basis for Council's discussion of the existing programs and deter- mination if any changes should be made and the resultant impact on the funding for public benefit programs. Existing Programs: Emergency Assistance Program - Pays the electric portion of the customer's utility bill, up to a maxi- mum of $300.00. Customers are eligible for consideration for this assistance if they have received a delinquent or final notice that disconnection of their electric service is imminent. This assistance is RECOMMENDED ACTION: 1. Rename the City of Ukiah Low Income Senior Discount Rate Program to "Ukiah's City Assistance for Relief through Energy Support" aka "Ukiah C.A.R.E.S." and eliminate the age criteria from the eligibility rules. 2. Determine if the level of assistance should be increased from 50 kwh per month to a higher level. 3. Determine if the level of assistance or the eligibility criteria for the City of Ukiah Low Income Emer- gency Assistance Program should be revised. 4. Authorize the payment of staff time, from the Public Benefits Fund, for the time involved in imple- menting, monitoring and reporting on the programs established under the Public Benefits Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Make no changes to the existing programs. 2. Determine that alternate changes are appropriate and provide direction to staff. Citizens Advised: N/A Requested by: City Council Prepared by: Gordon Elton, Finance Director and Patsy Archibald, Customer Service Supervisor Coordinated with: Council Members Baldwin and Libby, City Manager Horsley. Attachments: 1. City of Ukiah Low Income Emergency Assistance Program guidelines 2. City of Ukiah L~ncome Senior Discount Rate Program guidelines APPROVED: Cah-d-~ce Ho~sley, City Man~ger~ Low Income Discount.pub ~ Page 1 limited to once every 12 months and other eligibility criteria also apply (see attachment #1). Low Income Senior Citizen Discount Rate Program - Provides 50 kwh of free electric energy, per month, to qualifying senior households. For the purposes of this program, "Senior" is defined as 62 years of age. Once qualified, eligibility remains for 12 months. Re-application is necessary for con- tinuation of the assistance. Statistics: The following statistics and information were developed during the course of preparing this report: Since its inception, the City of Ukiah Low Income Senior Discount Rate Program (Program) has as- sisted 112 senior households. The Program currently has 105 participants. The average monthly electric energy consumption of these participants is 320.5 kilowatt hours with an average monthly electric energy cost of $38.83. Actual participant energy consumption ranged between 32 kwh and 1,767 kwh with costs ranging from $3.85 per month to $258.91 per month. The discount averages 15.5% per participating household. Average City-wide residential electric energy consumption is 460 kilowatt hours per month, at an av- erage cost of $58.67 per month. The current Program discount of 50 kwh ($6.02) per month repre- sents approximately 10% of the average residential electric bill. Thereby a discount of 75 kwh per month would represent approximately 15% of the average residential electric bill and a discount of 100 kwh per month would represent approximately 20% of the average residential electric bill. The City of Ukiah Low Income Emergency Assistance Program has helped 187 households since its inception. Of these households, 42.8% received between $200.00 and $300.00 in assistance. An additional 38.5% received between $100.00 and $200.00 in assistance. Only 18.7% received less than $100.00 in assistance. The average assistance amount is $186.55. The maximum assistance per household per year is $300.00. The average monthly electric energy consumption of emergency assistance recipients is 650 kilowatt hours. The number of households who may qualify for either the existing Senior Rate Program or any ex- panded Assistance Program is unknown. The only comprehensive statistics available are from the decennial census of 1990. Most of the statistics available indicate households or persons at the pov- erty level. Other statistics indicate household income levels without the corresponding household size. From the available information we can infer the potential number of households, with incomes at or below 150% of the Federal poverty level, ranges between 1,500 and 2,500. Poverty level is a federally determined income level that varies with household size. Most governmentally sponsored assistance programs determine eligibility by comparing household income to the federal poverty level. The City of Ukiah Assistance Programs established eligibility at 150% of the federal poverty level. In reviewing other assistance programs, the 150% of poverty level is the most commonly used standard for eligibility. The sufficiency of funding for any assistance program is determined by the actual number of partici- pants. When considering the impacts of changes in the programs, staff attempted to evaluate the sufficiency of funding for the various options. If participation in a revised program is near the high side of the estimated potential, or benefits are expanded widely, the benefit obligation created might exceed the revenue available for funding it. Actual costs of the revised programs will depend on the combination of options selected by the Council. Low Income Discount.pub Page 2 (Continued on page 3) Options: The following options are presented for Council consideration: 1. Make no changes to the existing programs. 2. Eliminate the age criteria from the Senior Discount Rate Program and keep all other eligibility cri- teria and benefits as they currently exist. This program would then become a monthly benefit available for all households who are income eligible. Option 2 maintains the current level of monthly assistance - 50 kwh free (a $6.02 monthly value) - for all Iow income households instead of for only eligible senior households. 3. Change the monthly level of assistance in the Discount Rate Program: a. Change from the existing assistance level of 50 kwh per month to another fixed level of assis- tance, i.e. 75 kwh or 100 kwh per month; Option 3a would either increase the benefit by 50% if the assistance level increases from 50 kwh (a value of $6.02 per month) to 75 kwh (a value of $9.03 per month), or double the benefit if the assistance level increases from 50 kwh (a value of $6.02 per month) to 100 kwh (a value of $12.04 per month). b. Determine the level of assistance for each eligible household based on a percentage of the household's average energy consumption during the previous 12 months. (This assistance level should include a maximum level of assistance); Option 3b would require the additional step of determining an average electric energy con- sumption for each eligible household and applying the fixed dollar amount as a monthly credit to their bill. These calculations will take between 5 and 15 minutes per customer. This method would generate a benefit in proportion to the household's actual electric energy con- sumption in the prior year. The benefit received by the customers with the lowest energy use would be fewer dollars than the customers with higher energy use. Additional determinations that must be made include: a) is the household eligible if they do not have 12 months usage history; and b) should a maximum level of assistance be established in addition to a percent- age of the usage or a fixed kwh level that would not be exceeded. Example calculation: total kilowatt use for the previous 12 months divided by 12 equals the monthly average. This monthly average times the benefit percent established times the rate per kilowatt hour equals the benefit the customer receives. -- c. Establish the level of assistance as a percentage of the average of all residential energy con- sumption for the previous fiscal year. Option 3c would automatically reset the benefit amount each year based on the overall av- erage residential energy consumption. This calculation is estimated to require 3 to 4 hours of staff time per year. This option would determine the average of all residential customers and calculate a standard level of assistance that would be given to all eligible households. The impact of this method on individual customers depends on their individual level of con- sumption. The net benefit for customers whose energy use is below the overall average would be a higher percent of the bill than for the customers whose use is above the overall average energy use. Example calculation: Divide the total energy consumption of all resi- dential customers for the prior fiscal year by the number of customers and by 12 to deter- mine the average energy consumption per customer per month. Multiply this average times the assistance percentage times the rate per kilowatt hour to determine the amount of the Low Income Discount.pub Page 3 (Continued on page 4) . monthly assistance. Change the Emergency Assistance eligibility from once each 12 months to more frequent eligibil- ity. This option would allow customers to be assisted more often than the current program al- lows. The impact of this type change is unknown. The potential would exist that a customer, who became eligible twice in one year, would receive assistance with up to six electric bills per year (based on eligibility every six months instead of every 12 months). 5. Change the Emergency Assistance amount from $300 to a different amount. Twenty-seven of the customers receiving assistance received the maximum of $300.00. If the assistance amount had been higher, only 27 customers (14%) may have benefited. Con- versely, if the maximum benefit was only $200.00, 42.8% of the customers assisted would have received less assistance. Discussion: Option 2 addresses the initial question "Should the monthly assistance program be ex- panded to include all Iow income households instead of only senior households. Option 3 requires more specific determination of the level of assistance to be offered. To eliminate the possibility that some households would receive a benefit in excess of their electric energy charge, the minimum rate, under options 3a, and 3c would be set at the amount equal to the benefit estab- lished. Under option 3b, the benefit would be individually established, therefore, the benefit would not exceed the average amount charged during the eligibility determination period. The variations under this option are the policy differences for determining the level of assistance. Options 4 and 5 refer to the Emergency Assistance Program. "Are the frequency of the assistance and the maximum amount of the assistance providing the desired benefit?" is the question to be an- swered. Creation of a reduced electrical energy rate for eligible households was considered. While this may be appealing and the easiest to implement on the front end, there are two major considerations. First, the customer would not see any entry on his/her monthly statement that indicates assistance was received or what the value of the assistance is. Second, the Public Benefits Trust Fund must re- imburse the Electric Utility for the value of the assistance program. This reduced rate method pro- vides no data from which the reimbursement amount can be readily determined. The reimbursement could be determined through some manual process. The time and resources to complete this task is unknown at this time and would depend on the number of households receiving assistance. If the procedures necessary to retrieve the information include inquiring into each recipient's account his- tory, the processing time could be 5 to 10 minutes per recipient per month. If an automated report can be programmed, the weekly processing time should be less than one hour, after the time and ex- pense of the initial programming and setup of the report. Implementation issues: The funding for the City of Ukiah Assistance Programs comes from the Public Benefit Trust Fund. This fund will receive money from the Electric Utility until January, 2002. The current level of funding is approximately $350,000 per year. The actual funding is determined as a percent of the total electric revenue for the year. Continuation of these programs beyond January, 2002 will depend on maintaining a source of income dedicated to these programs. There are two ap- Low Income Disccount.pub Page 4 (Continued on page 5) proaches available for funding the programs long-term. 1) Retain part of the funds generated through January, 2002 as a base that generates interest income. This approach reduces the amount of future funding necessary to continue the programs and assists in adjusting rates to market levels at an earliest possible date. 2) The City Council annually designates a portion of the electric revenue for funding assistance programs. This approach maximizes the benefits in the near-term while requir- ing the maximum amount of funding from future electric revenue. This approach has the effect of ex- tending the date that electric rates may be adjusted to market levels. Any assistance program established must be implemented utilizing the current tools available. Any benefit program adopted must be converted to a specific amount for implementation in the billing pro- gram. For this reason the options listed do not include a percentage reduction. A percentage reduc- tion would require manual calculation each month for each recipient prior to issuing their bill. The closest similarity to a percentage reduction is a maximum fixed benefit determined as a percentage of the individual customer's actual energy costs during a previous period of time, i.e. 12 months. Another issue for consideration is the potential for the credit to exceed a customer's consumption in any month. Of the 105 seniors on the current program, only one customer had monthly energy use less than the current credit. If the credit was doubled (100 kwh per month), 17 seniors would have had at least one month where the credit would exceed their consumption. Three customers had aver- age monthly energy consumption of less than 100 kwh. The billing system has the capability for es- tablishing a minimum fee. If the minimum fee is set at the level of the credit, the customer would not receive any benefit in excess of the usage charge. The Billing & Collection Department plans to replace the current utility billing software in the near fu- ture. It is anticipated that the new billing software costs would not increase as a result of assistance program revisions which the current software can accommodate. At this time it is not possible to say that the future software will accommodate all the potential configurations of an assistance program. Staff time: Currently the cost of staff time for implementing the existing assistance programs is ab- sorbed by the Electric Utility. The tasks involved in processing an account include 1) receipt of the initial eligibility verification; 2) recording the person's account information in the control spreadsheet; 3) changing the rate code in the utility billing system to the discount program code; 4) adding the dis- count code to the account; and 5) verifying the accuracy of the data entry. Subsequent tasks include 1) reviewing the totals from each billing cycle; 2) notifying participants when their eligibility is about to expire; and 3) preparing reports on participation in and costs of the assistance programs. In addi- tion, staff time is also consumed by answering questions about the program and about the credits when they appear on the customer's bill. Total staff time per participant per year is estimated at 15 to 30 minutes. For the first year of the assistance programs, total staff time, excluding the time invested in working on program revisions, is estimated between 75 hours and 150 hours. Additional staff time will be required if eligibility criteria are broadened to include more customers. If 1,500 customers par- ticipate in the program, the estimated staff time is between 375 and 750 hours. The current costs of implementing the established programs are estimated between $1,350 and $2,700. These costs would escalate to a range between $6,750 and $22,500 depending on the level of participation. Therefore staff requests Council authorization to charge the cost of personnel time, for implementing, monitoring and reporting on the assistance programs, to the Public Benefits Fund. Low Income Disccount.pub Page 5 (Continued on page 6,) The following table indicates the estimated costs for various levels of assistance within a range of eli- gible/participating households. EXAMPLE IMPACTS Assistance description/level Current Estimated Participating Households Estimated Annual Cost of Assistance 1 Current Senior Discount Program (50 kwh) 105 7,585 2 Current Emergency Assistance ($186.55 average) 187 34,884 3 Current eligibility determination services 4 Staff costs paid by assistance programs Potential 1 Double the Current Senior Discount Program (100 kwh) 2 Monthly Discount Program for all income eligible Households (high eligibility estimate - 50 kwh) 3 Monthly Discount Program for all income eligible Households (low eligibility estimate - 50 kwh) 4 Monthly Discount Program for all income eligible Households (high eligibility estimate - 75 kwh) 5 Monthly Discount Program for all income eligible Households (low eligibility estimate - 75 kwh) Double the Current Discount Program and make it available 6 for all eligible Households (100 kwh) Double the Current Discount Program and make it available 7 for all eligible Households (100 kwh) Change the Emergency Assistance eligibility from once every 8 12 months to once every six months 9 Potential staff'mg costs ~ 1/4 hour each N/A 11,668 -0- 105 15,170 2,500 180,600 1,500 108,360 2,500 270,900 1,500 162,540 2,500 361,200 1,500 216,720 374 69,768 1,500 6,750 10 Potential staffing costs ~ 1/2 hour each 1,500 13,500 11 Potential staff'mg costs ~ 1/4 hour each 2,500 11,250 12 Potential staffing costs ~ 1/2 hour each 2,500 22,500 Summary' Funding is available in the Public Benefits Fund #806 to increase the assistance provided to Iow in- come households purchasing electric energy from the City's Electric Utility. The number of potentially eligible households is not readily identifiable. The estimated maximum number of eligible households would generate costs in excess of the annual funding. Staff time for program administration will increase if the programs are expanded. The costs of ad- ministration of the benefits program are legitimate expenses of the fund. Only a small percent of the customers receiving Emergency Assistance were eligible for the maxi- mum assistance of $300.00. Low Income Disccount.pub Page 6 (Continued on page 7) Recommendations: Staff takes no position on the question "Should the existing programs be changed?". If changes are to be made to the assistance programs, staff makes the following recom- mendations: If the age criteria is removed, the program should be renamed to remove the word "Senior" from the program. The recommended name is "Ukiah's City Assistance for Relief through Energy Support" to also be known as "Ukiah C.A.R.E.S." If the discount program is expanded, the benefit should be stated in a manner that can be calculated to a fixed amount per month to allow for implementation. For example: "Ukiah's City Assistance for Relief through Energy Support" Program will be available to all households that meet income eligibility guidelines. The maximum benefit will be equal to the lesser of 15% of the monthly average of all resi- dential electric energy consumption during the 12 months prior to eligibility determination or 75 kilo- watt hours per month". (Percent and Quantity to be determined by Council). This is Option 3c. Staff believes that no changes are necessary in the emergency assistance program. The ad hoc committee did not identify this as the major area of concern. Therefore if the Council wishes to ex- pand the City of Ukiah Emergency Assistance program, the desired changes should be identified by the Council and adopted or referred back to staff for analysis. cLow Income Disccount.pub Page 7 Additional Information: Potential costs of Implementing Various Changes Scenario #1 Cost projection is 1,500 households receive 50 kwh free each month; Staff time is .5 hours per household; and, Eligibility determination increases by a factor of 4; Emer- gency assistance program with 200 participants. Double the Current Discount Pro- 1,500 108,360 gram and make it available for all eligible Households (50 kwh) Eligibility determination services 1,500 46,672 Potential staffing costs @ 1/2 hour 1,500 13,500 each Total discount program costs 168,532 Emergency assistance 200 37,400 Total projected costs 205,932 Scenario #3 Scenario #2 Cost projection is 2,500 households receive 50 kwh free each month; Staff time is .5 hours per household; and, Eligibility determination increases by a factor of 6; Emer- gency assistance program with 200 participants. Double the Current Discount Pro- gram and make it available for all eligible Households (50 kwh) 2,500 180,600 Eligibility determination services 2,500 70,008 Potential staffing costs @ 1/2 hour 2,500 22,500 9ach Total discount program costs 273,108 Emergency assistance 200 37,400 Total projected costs 310,508 Scenario ~4 Cost projection is 1,500 households receive 75 kwh free each month; Staff time is .5 hours per household; and, Eligibility determination increases by a factor of 4; Emer- gency assistance program with 200 participants. Double the Current Discount Pro- gram and make it available for all eligible Households (75 kwh) 1,500 162,540 Eligibility determination services 1,500 46,672 Potential staffing costs @ 1/2 hour 1,500 13,500 each Total discount program costs 222,712 Emergency assistance 200 37,400 Total projected costs 260,112 Scenario #5 Cost projection is 2,500 households receive 75 kwh free each month; Staff time is .5 hours per household; and, Eligibility determination increases by a factor of 6; Emer- gency assistance program with 200 participants. Double the Current Discount Pro- gram and make it available for all eligible Households (75 kwh) 2,500 270,900 Eligibility determination services 2,500 70,008 Potential staffing costs @ 1/2 hour 2,500 22,500 each Total discount program costs 363,408 Emergency assistance 200 37,40C Total projected costs 400,808 Scenario #6 Cost projection is 1,500 households receive 100 kwh free each month; Staff time is .5 hours per household; and, Eligibility determination increases by a factor of 4; Emer- gency assistance program with 200 participants. Double the Current Discount Pro- 1,500 216,720 gram and make it available for all eligible Households (100 kwh) Eligibility determination services 1,500 46,672 Potential staffing costs @ 1/2 hour 1,500 13,500 each Total discount program costs 276,892 Emergency assistance 200 37,400 Total projected costs 314,292 Cost projection is 2,500 households receive 100 kwh free each month; Staff time is .5 hours per household; and, Eligibility determination increases by a factor of 6; Emer- gency assistance program with 200 participants. Double the Current Discount Pro- 2,500 361,200 gram and make it available for all eligible Households (100 kwh) Eligibility determination services 2,500 70,008 Potential staffing costs @ 1/2 hour 2,500 22,500 each Total discount program costs 453,708 Emergency assistance 200 37,40C Total projected costs 491,108 Low Income Disccount.pub Page 8 Additional Information: Projection of Program Balance forward Projected revenue year 2000 Projected costs year 2000 Year-end balance Longevity Without Additional Funding Scenario 1 ~ ~oenario 3 Scenario 4 Scenario 5 Scenario 6 750,000 750,000 750,000 750,000 750,000 750,000 395,000 395,000 395,000 395,000 395,000 395,000 (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) 939,068 834,492 884,888 744,192 830,708 653,892 Projected revenue year 2001 406,344 400,070 403,093 394,652 399,842 389,234 Projected costs year 2001 (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) Year-end balance 1,139,480 924,054 1,027,869 738,036 916,258 552,018 Projected revenue year 2002 68,369 55,443 61,672 44,282 54,976 33,121 Projected costs year 2002 (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) Year-end balance 1,001,917 668,989 829,429 381,510 656,942 94,031 Projected revenue year 2003 Projected costs year 2003 Year-end balance 60,115 40,139 49,766 22,891 39,417 5,642 (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) 856,100 398,620 619,083 3,592 382,067 ~i:~::(~i~)i~ Projected revenue year 2004 Projected costs year 2004 Year-end balance 51,366 23,917 37,145 216 22,924 - (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) 701,534 112,029 396,116 90,698 (882,544) Projected revenue year 2005 Projected costs year 2005 Year-end balance 42,092 6,722 23,767 - 5,442 - (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) 537,694 159,771 (797,808) (1,373,652) Projected revenue year 2006 Projected costs year 2006 Year-end balance 32,262 - 9,586 - - - (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) 364,024 (502,265)ii!~'~iii~!?.~!~: (1,198,616) (532,444) (1,864,760) Projected revenue year 2007 Projected costs year 2007 Year-end balance 21,841 - - - (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) 179,933 (812,773) (350,867) (1,599,424) (646,736) (2,355,868) Projected revenue year 2008 Projected costs year 2008 Year-end balance 1 O, 796 ..... (205,932) (310,508) (260,112) (400,808) (314,292) (491,108) (1,123,281) (610,979) (2,000,232) (1,161,028) (2,846,976) Projected revenue year 2009 - Projected costs year 2009 (205,932) Year-end balance (310,508) (260,112) (400,808) (314,292) (491,108) (221,135) (1,433,789) (871,091) (2,401,040) (1,475,320) (3,338,084) This schedule is developed using $350,000 funding from the Electric Utility for years 2000 and 2001 plus interest on the balance forward at 6% for all scenarios. The expense amount is taken from the Cost Scenarios schedule. Costs are held constant for all furore years. Years listed are calendar years. Funding would last into the following fiscal years for each scenario: Scenario #1 - FY2007/2008; Scenario #2 - FY2004/2005; Scenario #4 - FY2003/2004; Scenario #5 - FY2004/2005; Scenario #3 - FY2005/2006; Scenario #6 - FY2002/2003. Low Income Disccount.pub Page 9 Attachment #1 City of Ukiah EMERGENCY ASSISTANCE PROGRAM (effective 1011198) The City of Ukiah Emergency Low Income Assistance Program is a discretionary program with eligibility for benefits based on the following guidelines. Assistance will be available only as long as there is funding and applicants are deemed eligible through the Salvation Army's office at 714 S. State St., Ukiah, CA 95482, (707) 468-9577. This program is available only to City of Ukiah residential electric charges. The non-electric portion of the utility bill must be paid prior to receiving the Emergency Assistance benefit. The following set of circumstances may be taken into consideration to allow for energy assistance as exceptions to the guidelines. . Applicant is unable to complete direct payment amortization to the City of Ukiah. It is possible and acceptable that a customer will contact TSA (The Salvation Army) prior to attempting payment arrangements with City of Ukiah Customer Service Department. . No alternative assistance is available a. Exception - If applicant has applied for HEAP but funds have not yet been promised to the City of Ukiah, The Salvation Army may assist in their normal manner and determine eligibility for the applicants' energy emergency. b. If applicant has applied and qualified for ECIP, funds would be forthcoming and City staff will hold the customer's account. TSA (The Salvation Army) shall delay determination of eligibility for a 6 month period after application date of ECIP. . Applicant must provide acceptable evidence that household income is less than the current "Federal Poverty Income Guidelines". a. Applicant must provide verification of at least two (2) pay periods prior to the date of application. b. Proof of income includes but is not limited to: i. Pay Stub ii. Award Letter iii. Copy of Federal Tax Return c. Exception - If the total net income of the household normally exceeds the FPIG standard, but extenuating circumstances are present, TSA (The Salvation Army) may determine a household eligible for assistance upon verification of the following items including but not limited to: i. Temporary Loss of Employment/Income of Primary and/or Secondary Wage Earner ii. Unexpected, uncovered Medical Expenses iii. Unexpected Funeral Expenses iv. Temporary Disability v. Unexpected water heater/refrigerator/heater or other major household repair or replacement is present Page 1 Attachment #1 , Applicant must not be residing in subsidized housing (Section 8, HUD,RCHDC,CDC,FmHa). a. Exception - the applicant could qualify if: All other criteria are met and circumstances like temporary loss or delay of income is present. Immediate family emergency is present such as: i. Verification of responsibility of funeral expenses ii. Verification of unexpected medical expenses not covered by insurance iii. Unexpected repair of major household appliance or vehicle required for employment , Applicant must possess insufficient cash assets No Exceptions to this guideline is allowed . An energy emergency, (applicant has received a delinquent or final notice with disconnection of power eminent and as a result of income and assets is unable to pay his/her electric bill in installments), must be present. a. Exceptions to this guideline include: i. Unexpected repair or replacement of water heater/refrigerator or heater that created an unusually high electric bill is present. This customer could qualify for assistance without being on a Delinquent or Final Notice. . A plan to pay their future energy bills must be completed No Exceptions to this guideline is allowed . Applicant must not have received assistance from the City of Ukiah Program within the twelve consecutive months prior to the date of application. No Exceptions to this guideline is allowed , Household income and available assets must be insufficient to pay the electric charges after consideration of deductible expenses. a. Household income means all money (including instruments readily converted to money such as, but not limited to, stocks, bonds, stock options, certificates of deposit, whole life insurance policies) received or expected within the calendar year, and any other benefits available to meet living expenses. b. Assets means any tangible or intangible property readily convertible to cash and available to any household members. c. Deductible expenses means: i. Mandatory amounts withheld from wages or other payments ii. Shelter Costs 10. Assistance is available once every twelve months in an amount up to $300.00 per household. Page 2 Attachment #2 . . . . . City of Ukiah LOW INCOME SENIOR CITIZEN DISCOUNT RATE PROGRAM (effective 1011198) Applicant must be 62 years or older. a. Identification is required such as' i. Drivers License ii. Birth Certificate iii. Medicare Card validating Birth Date No exceptions to this guideline Applicant must provide verification of annual income on a calendar year basis for all household members. a. Applicant must provide verification of annual income prior to the date of application. b. Proof of income includes but is not limited to' i. Pay Stub, if produced for one month amount will be multiplied by 12 to determine annual income. ii. Award Letter iii. Copy of Federal Tax Return No exceptions to this guideline The total household income must meet the current Federal Poverty Income Guidelines. No exceptions to this guideline Utility services must be in the eligible senior citizen's name. No exceptions to this guideline Eligibility must be renewed each twelve month period No exceptions to this guideline assistguide.wpd:PA'99 ITEM NO, 9a DATE' December- 15. 1999 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING SETTING THE DATE FOR JOINT AIRPORT COMMISSION MEETING This item has been placed on the agenda for the purpose of facilitating discussion, and to select a date for the proposed joint meeting of the City Council and Airport Commission. At the last Airport Commission meeting, the dates of January 11 and January 12, 2000, at 7:00 p.m. were selected as alternative dates for the proposed meeting. The Airport Commission is open to other dates and times if that is the desire of the City Council. Proposed agenda topics include airport development, the CDF relocation project, noise abatement procedures, land use impacts on the Airport, and any additional topics recommended by the City Council or Airport Commission. Staff will be available to answer questions at the City Council meeting. RECOMMENDED ACTION' Select a date for the joint meeting with the Airport Commission, and direct staff concerning additional agenda items for that meeting. ALTERNATIVE COUNCIL POLICY OPTIONS' Determine that a joint meeting is not necessary and remand to staff with direction. Citizen Advised' N/A Requested by' Prepared by: Coordinated with' Attachments- APPROVED' Candace Horsley, City Manager Michael Flad, Assistant City Manager Airport Commission Don Bua, Airport Manager Candace Horsley, City Manager None ,, Candace Horsley, Cit~ IV~anager ITEM NO. 9_~ . , DATE: December 15, 1999 AGENDA, S.UMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT - DEPARTMENT HEAD UNIT The City Manager has met with representatives of the Department Head Unit to discuss negotiation items for the period from December 15, 1999 - September 30, 2000. The negotiations have resulted in a tentative agreement which has been ratified by the Unit. The proposed Memorandum of Understanding (MOU) is being submitted for Council's review and consideration. A Closed Session has been agendized, if necessary. If the City Council approves the agreement, Staff recommends adoption of the attached resolution. RECOMMENDED ACTION: Consideration of MOU and adoption of resolution approving Memorandum of Understanding for the Department Head Unit. ALTERNATIVE COUNCIL POLICY OPTIONS: , Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution for Adoption APPROVED: x. 3:Mou~RMOU C-an~e H(~rSl~y, ~y tanager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Department Head Unit; and WHEREAS, Memorandum of Understanding has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that this Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement for the period of December 15, 1999 - September 30, 2000. PASSED AND ADOPTED this day of December, 1999, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: A'I-I'EST: Jim Mastin, Mayor Marie Ulvila, City Clerk 3:PER/RESMOU.DEP