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Home My WebLink About1998-10-07 PacketOctober 7, 1998 City Council City of Ukiah 300 Seminary Ave. Ukiah, Ca. 95482 RESORT: Vichy Springs Resort & Inn 2605 Vichy Springs Road, Ukiah, Califi Telephone (707) 462-9515 · Fax (707 OCT 7 1998 CITY OF UKIAH CITY CLERK'S DEPARTMENT REF: Serious Concern Over Early AM Noise (6, 7 and 8 AM) Dear City Council Members: I wish to bring to your attention the proposed expansion of landfill operations and changing the hours of operation for the convenience of new trash haulers will further impact negatively the benign historic tourism business at Vichy Springs. What is the legitimate reason to expand these hours and causing further disruption to Vichy Springs? One of the major conditions of the city's previous EIR and permit ( for the problem of noise generated by the expanded and doubling of the landfill operation) was to mitigate noise at the resort for sleeping guests. This required the "new" dump haulers to arrive after 8:00 AM. Any earlier arrivals will further impact the resort business and will further destroy our relationship with first time guests who may never return. There is no justification to change this in the current SEIR. Our request is for you not to approve the expansion of hours. If you do implement the new hours we ask that the city utilize the alternate road as is described in the SEIR which would address many of our problems with the dump operation. I attach a letter and information that further addresses these and other concerns. Gilbert Ashoff Proprietor RESORT- Vichy Springs Resort & Inn 2605 Vtchy Springs Road, Ukiah, California 95482 Telephone (707) 462-9515 · Fax (707) 462-9516 October 7, 1998 City Council of Ukiah Dear Council Members: I wish to protest this expansion of the hours of the landfill on two bases. Very simply the hours were established by the prior E.I.R to mitigate the additional noise caused by the previous expansion of the landfiII. We already have many complaints from our guests because of the additional 7 a.m. and sometimes earlier arrivals of trucks at your dump. The second is as a neighbor the city should have some obligation to conduct its business in a forthright manner. This request is simply for the convenience of one your haulers. This hauler has been doing just fine with things the way they are. Please leave it alone. We do not want to have to seek legal protection for our guests and our business as we have had to in the past years. Please send the ELR back to your staff'and have them prepare an economic profile on the alternative road (your staff'has told me this has never been done simply a "cursory study as to cuts and fills and that it all worked" but they never heard from the public works director again.) I have outlined the defects I have noticed in the EIR. We are a noise sensitive Country Inn Operation, not a motel on a freeway. The city has continually added noise to the point where we are explaining to ourguests the problems we have with the city. For once it would be nice for the city to be a considerate neighbor. It will not hurt your hauler economically to leave it status quo. It will hurt our historic business economically if you allow your hauler to arrive before 8 a.m. more guests will choose not to return. I refer to my letter of August 9, 1998 where numerous items either went unanswered or were not answered completely. DD 1. I reiterate the changes in hours will substantially change the noise effects on Vichy Springs. This is why this was put in your previous application to the state and the expansion permit was granted on that basis. A judge upheld this as valid if I recall though we protested. DD4. The noise analysis is faulty because it does not recognize that the city is already causing Vichy Springs to have problems that will be made much worse by more trucks arriving and more subsequent CAT operations at 7 a.m. and earlier. DDS. Where are the cost estimates? Where are the potentially significant impacts identified and addressed? This study is deficient as the alternative appears to have not been thoroughly examined. City s...h3ffhas informed me they did studies of the road construction and all appeared O.K.. They never heard from the director again. This study does not appear in tl~is EIR nor do the effects and their analysis. This dump has cut and filled at will everywhere else on the site. What possible difference could a short road make? On page 111-5 it is mentioned a hydrologist has not looked at this alternative. W~.y not? DD8. Specifically a limit was put on new haulers to prevent additional noise at Vichy Springs Resort and to try to distribute this noise to later in the A.M. Please realize our guests are not all awake at 7 a.m.. This is a Country Resort and Inn not a Business Motel. DD. The truck haul noise has never been of the magnitude it is now (since 1955). The city has constantly increased and made earlier the noise to the point of causing the resort economic damage. This added increase is not necessary for the city to operate. It is simply for the convenience of the hauler. The plus 10 to obviate a quiet country setting certainly applies to Vichy Springs. This draf~ SEIR is, as usual, rigged for the city, by the city. This is a defect in the S£IR. DD 12. I repeat Vichy Springs is a remote Country Inn not a motel by the freeway. It is mis- classified in the SEIR. This is another defect. DD14. CEQA requires state Historic Sites be protected and not sacrificed to accommodate the convenience of a garbage hailer. Enough said. DD 15. I repeat the existing noise is not "less than significant" and the proposed noise will only exacerbate the problem. Please be reasonable and leave the hours the way they are. Please do not force us to once again attempt to get a judge to protect our business. We are not protesting the expanded overall receipt of garbage just the early morning hours and of receipt of same and that the alternative road was not fully in investigated and presented to the council as is required by the CEQA. Sincerely, Gilbert Ashoff Proprietor I~ESORT. August 9, 1998 ¥ichy Sprigs Resort & Im~ 9,605 ¥ichy Springs Road, Uldah, California 95/t82 Telephone (707) 21432-9515 · Fax (707) 462-9516 City of Ukiah, Department of Public Works 300 Seminary Avenue Ukiah, CA 95482 reft Drat~ SEIR CITY OF UKIA Our comments as operators and owners of Ukiah's only tourist destination resort and California Landmark #980, relate to the proposed effects* of the SELR project on this resort and surrounding lands. The current level of truck traffic and noise, debris and related activity is hampering the growth of the resort dramatically. This business regularly has complaints from its guests about the traffic DD[ "bouncing them out of bed" at 7a.m. or earlier and going on all morning with up to 200 trips per day of heavy trucks passing the resort. This has been a dramatic increase over the prior permitted amount. t- FWe have no way of calculating how many of our first time guests never return. We do have D D2 [_guests who specifically reserve for those days when the dump will be closed. DD3 The City of Ukiah and County of Mendocino all speak very highly of tourism yet this dump is causing irreversible problems for the only business of its type along Highway 101 in Ukiah. I wish to cite the hot springs in Calistoga and Lake County where there are no such noise polluters. Their business is primarily with repeat guests while Vichy Springs must continually try to find new first time visitors. -~o add more early morning traffic and to legitimize existing violations of the permit that was ~) D4 !designed to protect (in part) the historic resort operation is simply unfair, unwise and will L?obably force a similar response as did the last EIR that was shoved down our throats. FThere is a viable alternative, i.e., the roadway through the City-owned gun range property. The [])D~c {City has been informed that the developer of the Vichy Estates subdivision is willing to participate ~fi_nancially with the City to pay for the move and closure of the gun range. FWe, at Vichy Springs, have permission from Fish and Game to remove gravel and maintain a dam D D (vi°n our property. We could provide at our cost some or all of the gravel for this temporary road. [_We have provided gravel to the dump in the past. * See noise study comments attached 2.-12. We at the resort wish to point out that this road does not have to be an all year road. We could ye with traffic past the resort during the rainy months. FWe simply are asking for some relief from the noise and traffic caused by the conversion of a DD~3~mall City Dump to a Regional Dump and its negative impacts on the resort. FThe City is generating profits from the high prices at the dump. We ask that a small percentage Ibe put into a gravel (temporary, one year) summer road into the dump similar to those that I logging companies build, use and abandon all the time. If the transfer station proceeds on [schedule the winter months of 1999 may be moot. FThe road anticipated in item III - 2 is simply not necessary as described. A simple gravel road as tis used in logging operations is all that is needed to be utilized from March - April 1999 until i October. November 1999. This would be less expensive and would be met with a great welcome ~and sighs of relief from all ofus at the resort. If the project is approved as is recommended, we unfortunately will be forced once again to protect Vichy Springs from this operation. We do not want or desire to' have it this way. Sincerely,' Gilbert Ashoff [ ' Proprietor L. RESORT Vlchy Springs 1%sort & Inn 2605 Vichy Springs Road, Ukiah, California 95482 Telephone (707) 462-9515 · Fax ¢707) 462-9510 Comments to Noise Study I note what appears to be a deliberate misrepresentation in the noise study. FThere is a factor for correction for outdoor residual level i.e., quiet suburban or rural community DDl~'[._(remote from large cities and from industrial activity and trucking) + 10. bb[2 The study classified Vichy Springs Resort as "transient lodging - motels hotels" which it is not. It is not located in an urban setting where most motels / hotels would be situated nor is the Vichy Estates subdivision in an urban setting. In fact Vichy Springs Resort is an Historic Site and is provided special protection under the environmental laws of California and as an Historic Site cannot ch~ge the historic buildings to urban noise proofing standards. Regardless, the conditionally acceptable noise level is exceeded for both the subdivision (55) and I resort (60) when the actual noise 56.8 (page II 6) is added to the (+10) correction factor. The [._working face exceeds and is unacceptable at 80 DBA plus 10 (page 1I - 8). .~~ol~e noise study states on page II- 3 that Vichy Springs Resort (as defined as a motel) can absorb. p to 65 dba. It then goes to state that because there is existing noise the resort does not qualify r its setting (quiet) to be a factor and the +10 dba (they list it as +5) is negated. I submit this is false and misleading as guests of a country inn do not have experience with existing traffic that Iwas supposed to be less according to the previous EIR and t° add to that traffic only adds insult to existing injury for the business and its guests. FThis noise study is heavily weighted to expansion of the dump and provides no protection from its [noise for the surrounding residents nor historic resort operation. 2. COMMENTS AND RESPONSES DD. VICHY SPRINGS RESORT DDI. The noise analysis provided in the Draft SEIR takes into account the number of trucks associated with different daily rates of waste disposal at the landfill (see discussion of the method used to estimate roadside noise levels beginning at the last paragraph on page II-9 of the Draft SEIR and continuing through the first paragraph on page II- 10). In addition, Table II-3 on page II-6 of the Draft SEIR shows that the number of daily heavy and medium trucks hauling 209 tons and 238 tons of waste to the landfill was 34 and 47, respectively. This corresponds to 68 and 94 truck trips (one truck makes two trips - one inbound and one outbound), which is substantially less than the number of daily heavy truck trips cited by the commentor. It should be noted that the Response to Comments Addendum (January 18, 1996) identified the increase in daily volumes at the landfill to be a significant impact that could not be mitigated to a less-than-significant level. It was determined that the impact (of project-related traffic, noise, dust and other real and perceived effects associated with the landfill) could exacerbate existing conditions that threaten the viability of the Vichy Springs Resort, a California State landmark. The City of Ukiah issued overriding considerations in approving the project. As determined in the Draft SEIR (June 1998), the changes to the Solid Waste Facilities Permit that would occur from the current project (changing the maximum daily limit and modifying the permitted time for trucks from new service areas) would not substantially change the previously-identified noise effects on the Vichy Springs Resort. DD2. This comment is acknowledged. DD3. This comment is acknowledged. DD4. The noise analysis evaluates the impact of the removal of the current time restriction on trucks from new service areas (see Table II-4 on page II-10 of the Draft SEIR). DDS. A determination of whether a given alternative would be viable is based on a number of factors, not just on cost. As described beginning on page 1II-5 of the Draft SEIR, a new landfill entrance alternative would have potentially significant environmental effects, including impacts on slope stability, surface runoff, and noise. DD6. This comment is acknowledged. DD7. Whether or not the alternative landfill entrance would be used year-round or seasonally, the potentially significant effects described beginning on page 1II-5 of the Draft SEIR could still occur. DD8. Some relief from early morning noise and traffic is provided by the current restrictions on operating hours for the landfill: 1) open no earlier than 7:00 a.m., except on the days following holidays when the landfill opens for commercial haulers at 6:00 a.m.; 2) closed no later than 4:00 p.m. (except for maintenance); and 3) closed on Sundays. DD9. This comment is acknowledged. DD I 0. The discussion of air quality effects provided on page III-6 of the Draft SEIR was based on the earlier description of the road as being constructed of asphalt concrete, i.e., as being paved. Truck travel on a graveled, unpaved road would generate dust emissions that were not considered in this analysis. Such emissions can be substantial, and Ukiah Landfill Supplemental EIR 2-15 Environrnental Science Associates COMMENTS AND RESPONSES depending upon the winds on any given day, these emissions could be blown in the direction of the residents of the Vichy Springs subdivision. This would be a potentially significant effect of a gravel entrance road. DDI 1. Paragraph 2 on page II-3 of the Draft SEIR discusses correction factors that are used to adjust measured noise levels for specific circumstances. The commentor suggests that the correction factor should be +10, which is the factor for quiet suburban or rural communities remote from large cities and from industrial activity and trucking. The Draft SEIR concludes that no adjustment is appropriate in this case since the two adjustments that do apply (+5) and (-5) cancel each other out (see Table II-2; page II-5). The +5 factor recognizes the quiet suburban and rural nature of the land uses adjacent to Vichy Springs Road but also recognizes that they have been subject to haul truck noise since the landfill opened in 1955. The -5 factor recognizes that the community along Vichy Springs Road has had considerable previous exposure to landfill truck noise. DDI2. The commentor objects to the classification of Vichy Springs Resort as "transient lodging." However, the conclusions of the report would be the same whether Vichy Springs Resort were characterized as "residential-low density," for which the maximum normally acceptable noise level is 60 Lan, or "transient lodging," for which the corresponding value is 65 Lan. DD13. As discussed in the response to comment DDI 1, the Draft SEIR concludes that no adjustment is appropriate to the measured noise levels. Secondly, the Draft SEIR identifies a noise level of 60 and 65 Lan as the maximum normally acceptable noise level for single-family residential uses and transient lodging uses, respectively, not 55 and 60 Ldn, as cited by the commentor (see the third full paragraph on page II-8 of the SEIR). Lastly, the commentor suggests that Vichy Springs Resort is subject to noise of 80 dBA from equipment at the working face. However, the measured noise level of 80 dBA relates to a location approximately 100 feet from the working face with a clear line-of- sight to the equipment. Taking into account the actual distance between the working face and Vichy Springs Resort and topographic shielding, the Draft SEIR concludes that the noise generated by equipment at the working face generates approximately 35 to 40 Ldn at the Resort and contributes negligibly to noise levels at Vichy Springs Resort (see page II-12 of the Draft SEIR) The existing and projected noise levels along Vichy Springs Road would be considered normally acceptable for single-family land uses since they would be less than 60 Lan. DD14. See response to comments DDI1 and DD12. The goal of the Draft SEIR is to be objective in its review of potential environmental effects, and towards that goal, the Draft SEIR takes into account broad land use classifications and criteria rather than the subjective views of individual guests at the Resort. DD15. The Draft SEIR does not identify mitigation measures for noise since the analysis concludes that the noise impact would be less than significant. Ukiah Landfill Supplemental EIR 2-16 Environmental Science Associates PROC][ AbiATION }VHEREA& life, liberty, and the pursuit of happiness are the basic tenants of this great country within which we live; and WHE~, human rights is the cornerstone of our society, as exemplified by the Bill of Rights and United States Constitution; and WHEREAS, society demands that justice prevail, mutual respect is paramount, and principle and integrity are esteeme& and WHEREAS, violence, through physical, emotional, sexual, psychological, and economic control and/or abuse defiles an individual's privacy, dignity, security, and humanity in direct conflict with these basic tenants; and IIZHEREAS, discrimination due to race, age, religion, sex, nationality, disability, affectional preference, and/or economic status erodes the fundamental premise of equal opportunity; and WHEREAS, the City of Ukiah is committed to insuring human rights are preeminent within our community, justice is not prejudiced, and our citizens are free from the barriers of violence and discrimination to live with character and propriety. NOW, THEREFORE, I, Sheridan Malone, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Jim Mastin, Kristy Kelly, Phillip Ashiku, and Guadalupe Chavez, affirm the basic responsibility of each individual to respect life, liberty, and freedom in our everyday affairs, pledge our commitment to the elimination of brutality and violence in any form, and urge all residents to live in a manner which honors our fellow human beings as equals, fostering peace throughout our community. Dated: October 7, 1998 Sheridan Malone, Mayor MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, September 16, 1998 The Ukiah City Council met at a Regular Meeting on September 16, 1998, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. Staff present: Public Utilities Director Barnes, Finance..~ii~ector Elton, Waste Water Treatment Senior Plant Operator Gall, Personn..:~ii~::..Offi.~:::Harris, Risk Manager/Budget Officer Harris, City Manager Horsley,..::~?ublic ~~[.~.~i~i'ector Kennedy, City Attorney Rapport, Fire Chief Sandelin, Plannin..g..'iii~i[ecto¢iiii~~.=:~::Senior Plann .e....r. .-::i:i:i:i:!:i:i:i::'"' ==================================================== ..:::::;::r ::i!!i~!?:i[i?! "::::::::: .................. :::::::::::::::::::::::: ................ Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE ~::i~::i::iii::i ...... ?:::i:?' .... %ii~?~ii~iii~:;?i~!?~::i:~i!i!i~::~:::~::i:::::~:i:::~.~::i!~ .... :::::::::::::::::::::::::::::: ....... ~:.::::i::~ ........ %i!i!i!i!i!i!i!iii!i!iiiii!i!i!i!iii!iii!i::i~ .... Mayor Malone led the Pledge of Allegiance. =============================================== ~:i:i.'i:!:i:i:i:i:i:i~:i:i:i:i:i:i:E:i:i:i:i:.., ..:,:.:.:.:.:.:.:,.-.:.:.:.:,:.:.:,:.:.:.:.:.:.:.:,:.:.. 3. PROCLAMATIONS/PRESENTATIONS: 3a. Proclamation: Desicjnatincj October as Awareness Month Mayor Malone read the proclamation and J.:~iiii~i~::~pard ~~.i=?i~n behalf of Project Sanctuary. Ms. Shepard thanked the City .f.=~ii.!~i~i:.~;:..of Pr0j;~.ii~nctuary in its efforts to help women and children who are victii~:-§:'""iSf'=:d~~.i~::violen.c.:'~'. ..~:?:~:?:~i ..... .:i:i:i:i:~:i:~:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:i ........ i:i.i::.' .............. ::ii!~ii~ ........ ..:~i?:::::::ii--':'= ..?:::?' .... 3b. Proclamation: Voter Reoist~:~:tion W..~k: Sb:~~r 28-October 5, 1998 Mayor Malone read the proclam i aesigg g Vot - iii 'gistration Week as September 28- October 5, 1998. He note.~ii~ has=~de Vot~ii~Registration cards available to the public as they pay their utili~!i:ii~:i'lls an~ii!i~ster.s..=:::~'e been placed in various locations reminding .p..:::,e...ople to reg!:~.:r, ~"vote be~i~iii~ober 5, 1998 deadline. ................... .::~:~:::~:~:~:~:~:i:~ ....... ~:~::i ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ........... .-:-:-:.:.:=:.:,:.:*:.:.:.:,:.:-:.:.~ ======================================================= ================================= 3c. P,"~~tion b'~?:ii~ii!i~i~w Reg~'~:~'incj Increased Funding For Transportation Phil Dow, M~~i~i!i~=guncii=:~ii~~ments (MCOG)Planning staff member, discussed new Feder....a...!ii==ii~i~ii~!~ii=:i~.r:.egar~i~?'~:='the Transportation Equity Act for the 21st century (m.E.A.T:~ii~?:::'"'He'"~ii~~iii~.0w":Federal Legislation will affect the City of Ukiah and reviewS' the funding"~~i~s. 1...~iiiiiiiiii!!?='RmlP Funding:.iiiiii.~i~:i0nal Transportation Improvement Program)There will be ........ .??~iiiiiiiiiiiii:: additional fun~i!~g available for programming in the 2000 STIP. There may be a .~ii=iiiiiiiiiiiiiiiiiii:. one-time pro.,.~m to make these funds available for maintenance due to storm ?~?~iii~iliiiiiiiiiiii~..damage aD~!=?rehabilitation work on local streets. He advised that the term .......................... ~¢~malnte~ce refers to patching pot holes in streets, whereas "rehabilitation" would ::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: '~:=!i~i~ii~i~i~i~i~i~i!~!~i~an overlay of the street. 2. '"::~::~?:?:i::i::ii?:?:R:'S.'~P Funding: TEA-21 will continue to distribute Regional Surface Transportation Program funds directly to the counties and also directly to the regional agencies (MCOG). Funding to each jurisdiction anticipated. 3. Local TEA Share: Under SB45, TEA funds will be forwarded directly to MCOG by statewide formula and be available for programming any eligible TEA projects as they see fit. Regular Meeting - September 16, 1998 Page 1 4. State TEA Share: Caltrans will retain 25% of all TEA funds in the State. One half of this (12.5% of total) will be used for projects of statewide and interregional interest. These funds may be available for enhancements to programmed State highway improvement or rehabilitation projects within or adjacent to the City. He noted that if Talmage Road (SR 222) were targeted for widening by Caltrans, perhaps State TEA Share money would be available to add bikeways, landscaping, etc., which are not normally funded. 5. Priority Projects: TEA-21 identified hundreds of Priority (or demonstration) projects which will receive specific funding allocations. This should mean th.~i~MCOG can replace at least our local share (about $200,000) of the cos~..and m~ it available ;:i:!:!:i:!:i:!:: .... :.'-.'.'i:!:i:i::" for local programming in 1999 or 2000. He discussed ~~::~:~i~ilable for local projects. ..::?:':i!::ii::~ ..... ~::i~..iiiii~:i!i!ili!ii!iiiiii~:iiiiii!ii!iiiii~..::~ .... ..!iiii!::ii.:::iii::i::ii!ii:::.!: ========================= .......... ::::::::.... ..... 6. Other Federal Programs: He discussed TEA-2..ii~iiiiii~'i'eases.:i",~ii~iii~;~..:.unt of fede.~t revenue devoted to several other federal:~iii~'"~'0grams:;,,.s.'."~ti'"~::~iii~i:.~ay Br..:.i.~'e Rehabilitation and Replacement (HBRR). :::::::::::::::::::::::::::::::: ........ ~::ii:::::?.~ ....... ~i~i~i~i!i~i~i~iii!~!~ii~i!~i~i~i~i~i~i~:" Mr. Dow discussed the Federal funding program ::~';~'~!strict B427 is :::::::::::::::::::::::::::::::::::::::::::::::::::: passed by the Legislature, MCOG expects to receive..::t.:~i.i~i~i.i~ithin two months for both the TEA-21 and SB45 funding programs. .:~:.i!iii?' .... ~::iiiiiiiii!ililililiiiiiiiiiiili!iiiiiiiiii:..i~ .... ................... ==================================================================== .... When questioned by Mayor Malone regar.d.:..~i::~iii~iiii~iorpr i iiii ¢i!i'i e city's (widening of Talmage Road and the reconstruction ..o.:fi~iD::~~ii~gue), M..'~ji~i~i~ow felt the City would have a good chance of receiving improvements, noting they anticipate approximately $200.;~,i~:i:) per.?~!~r. "::~iii!~~1 to define how the funds would be distributed will go befor, e....:~COG City Manager Horsley inquire~.i?he Cit:~ii~uld u.s::~i?~he funds to reimburse their General Fund for th .e....~::cost of the prgjectiii~.~'General~ii~d;:m~y were used to complete the project. ................ ~iili :::i !::.. .,:::::::::::::::..::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::: ========================== . :::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::: ..:.:.:,:.:.:.:,:.:.:.:.:.:.:.,. ,.:,:,:.:,:,:.:.:,:.:.:.:,:.:.:,:,:.:.:.:.:.:,:.:. :::::::::::::::::::::::::::::::::::::::: Mr. Do~i~i?~:.s....ure, 6~!i~~::..the Ci['~6:~'ld use the money allocated to it for whatever a::" i i iiii eet project, or to reimburse the General Fund for a ==================================================== · .-::::::i:!:::--!:i:..--!::-,!-..-..-:::.....-!:. street expens.'~iiii!iii~iii~!.SCUS~iiii~~::s role in cost over-runs on projects. "::i:i:i:i:i.'.-':~:i:i~:J:i~:!:!:~:i::':~:!i!:!::... · ==================================================== ::::::::::::::::::::::::::::::::::: ......................... a. ...... ...........R~ular Mee~!.!~!.!~ptember 2, 1998 M/S..;~ii?~i[i~shiku/Chavez t~ii~=~e the minutes of the Regular Meeting of September 2, 1998 as;~iii~'bmitted, carrie~i.ili~y=;~e following roll call vote: AYES: Councilmembers Chavez, ~=i~u, Kelly, Masti~iiiiii~nd Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: t:..'~:, ....... ....... ======================= ................. ,,,.....,..... ::!::ii!":ii~::i::!!!ii::i':!i~!~:.i!iiiii::!:.iiiiii .................... ~:iiii::~iiii?:i::ii M:~??M~i~e reviewed the appeal process. 6. CONSENT CALENDAR MIS Ashiku/Mastin to approve items a-f of the Consent Calendar as follows: a. Approved Disbursements for the Month of August 1998; b. Received Report Regarding Expenditure For The Management/Production Contract Regular Meeting - September 16, 1998 Page 2 For The 1999 Sundays In The Park Concert Series; c. Denied Claims for Damages Received From Laban Menton, Benjamin Sabastian, and Gregory Taylor, and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Adopted Ordinance No. 1011 Amending the Official Zoning Map To Change the Zoning on Four (4) Parcels of Land From "C1" (Community Commercial) to "RI" (Single Family Residential), Located on the East Side of North Oak Street Between Henry Street and Gibson Creek; e. Adopted Ordinance No. 1012 Amending the Official Zoning Map ~iii~hange the Zoning on a Parcel Located at 140 Luce Avenue from~,.."Rl".:~ngle Family · :':: :~: Residential) to "CN" (Neighborhood Commercial); .,~ii~i!iiiiiiiiiiiii?~ii~::...~:~? .... f. Approved Adjustment To Apprentice Line Atte .r3.~9.t The motion carried by the following roll call Ashiku, Kelly, Dustin, and Mayor Malone NOES.:iiii~..one. 7. AUDIENCE COMMENTS ON NON-AGEND~-?~i~Ei~.~,i~'~,!!~i!?:~, Warren Sawyers, 1081 Helen Avenue, commendediii~'ity ~~i~iU.orsley for her work as City Manager and working well with the publi.c..::~:~e was ~i~iii~ii?~e the City Council pursuing funding for street improvements....~i..ii~!~.~::!hat h~::~::~ii~perienced on-going problems with staff in his pursuit to co~~t::::~iiii~~i::i~....o.n his...:.~i~perty. He is trying to resolve the issue with staff without tak-i::~" legal a. Adoption of Resolutio:~i?~i~tting .!~ustrial.::~aste Discharge Rates For Fiscal Year 1998-99 and Intr~:~tion o.:~i!~rdinan~" Amending Division 4, Chapter 2, ....... ======================= ..;;:;.-::::::::::' Artiq!e 8, Section.:~0~ of the:ii~i~iii~:Code Establishing Industrial Waste Ra~i?:::~ Time..::~E~i~ii!!i!:.Requi~'~~::?"'For Adjustments and Method For ~!~!~!~g E'~!~!~:~.ewer'::~'ice Units For Certain Industries Director'6~iiiE~!ii;~i~:Utiliti~i!iiB~??. advised that under Division 4, Chapter 2, Article 8, Section 37(~'~i!i~:i:~iiiii~:~i!i::~kial~::~::~i~i~:l Code, the City is required to adjust the rates for industrial W~!~iii~~::..sem[~:bally,....... noting the rates have not been adjusted since 1992. S!:~::'[he n~ii~~.t, plaht has been in operation for a year, the fees should be upgra:~" and reco~~i~ii~.they be upgraded on a yearly basis thereafter. At the pre~ time, the City ~:~ii.~:~e customers that fall under industrial waste rates: Georgia P~i~ic, City of Ukiah..~nd'fill,......... and Mendocino Brewing Company. -'"-'-'-'-'-'-'-'-' ..................... ~~.. was some diSCussion concerning the volume used per customer. iiii!ii!ii.:.:.:.:i!ii!iiiiii!ii!:.: ..... ::iii!i!iii!ii:~ :.:.:.:.:.:.:.:.:.:.:.;.:.:,:.:.:,:.:.;,. . ..;.:,:.;.:,;,;.:.' ::::::::::::::::::::::::::::::::::::::::::::::: . ======================== · :.:.:.:.:,:.:.:.:.:.:.:,:.:,;.:.:.;.:.:,:.:.:.:,:,..,., . ..,,,..,..,....,.,,,,,,,., ~i~i~i~i~!!~i~::Opened: 7:36 p.m. No comments received. Public Hearing Closed: 7:37 p.m. MIS Mastin/Kelly to adopt Resolution 99-16, Setting Industrial Waste Discharge Rates For Regular Meeting - September 16, 1998 Page 3 Fiscal Year 1998-99 and Introduction of Ordinance Amending Division 4, Chapter 2, Article 8, Section 3707.9 of the Ukiah City Code Establishing Industrial Waste Rates, Time Period Requirements For Adjustments and Method For Determining Equivalent Sewer Service Units For Certain Industries, carried by the following roll call vote of all AYE: Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS MastinlKelly to introduce by title only Ordinance Amending Division 4, Chapter 2, Article 8, Section 3707.9 of the Ukiah City Code Establishing Industrial Waste?~:Rates, Time Period Requirements For Adjustments and Method for Determi:~i;:~g ~:~:~lent Sewer Service Units for Certain Industries, carried by a voice..:~;0te of =============================================== Recording Secretary Ulvila read the ordinance by.,~i~i~i~!~'nly. MIS Mastin/Kelly to introduce Ordinance, carried!i~..the .f..~!ii~ing Councilmembers Chavez, Ashiku, Kelly, Uastin,liiii~[i?=~;~/or Malone. '";~~?':None. ABSTAIN: None. ABSENT: None. ':~iii?~i!i?~ii!i!ili~?~!ii[!!!iiiii!!iiiii::i~ .... ' .... .... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... a. Award of Contract to Parnum Paving I.n...~::iEo. r Orcli'~i!~be Reconstruction, Specification No. 98-12 In The A~~i!ii~i:::.$..396,4~iiiii~:'Authorize Budget Amendment Transfer of $45,6881!ii~'~::!i~~ht 301,.9~::~3.250.000 Rail Grade Public Works Director Kennedy a .d...~!~ed th .a.:.i~i!i~e re~ii~'ion of Orchard Avenue is a high priority project and noted th.~iii!~reet is::ii~i~ worse :~ndition than Perkins Street. The City received one sealed p[~~i fro~!i!?~arnum,.::i:iii~ving Co., Inc. in the amount of $396,441. The Engineer's E.S.".itii~ate fo~iii~, proj.,e.~ii~i:'s $388,457. He reported that funds in the amount of S375,000.~i~a;~?been b~'~i~iii:his project and the amount of $24,247 has be.~ii:iii~!iig..ated [~iii:i:i~i::i:~...:e. sign ai~i!iiii~~ration of the contract documents by a consult~i~i!i!i~ii~::~..would::~i~ili~?~ibalance of $350,753 for construction of the project. The differenc"~::iii~~h~:..the g~i~i~ailable of $350,753 and the Iow bid of $396,441 is =========================================================================================== ..:.:.:. He repo~E::t'hat st'~i!i~!~.d or'her budgeted projects in the context of potential S645 fundi.~iiiiAnd safety/h~i~iiii~bction to determine if funds were available within the Gas Ta.x...:i::~¢counts. Currenti~i.!~eted in the same Gas Tax Fund (2107)is the Improvement of.:~:.~ Gobbi Street I~,!~il Grade Crossing. After review and consideration of these two -':'-':'.::::: .::~:i:i:!:' ~j~Cts, staff felt that~{:t-~e Orchard Avenue reconstruction is of higher priority than the rail :~i~::!i!i~::ii:.::!~iiii!!i.. · ............. ~~g improve~ and that future S645 funds could be used for this latter project. He ~iii~~...e.:.d....,.t.,.h...e..i~::i~ter with the City Manager and they recommend that the City Council :i:i iiiii A i::iocation of $45,688 from the Gas Tax Fund in order to proceed with the Or"'C'~?:~nue improvement project. City Manager Horsley discussed the forecasted weather prediction for this winter and noted heavy rains are expected in November and December, with normal rainfall expected in January. This allows a short timeframe in which to complete the Orchard Avenue improvements before there is further deterioration to the street. She noted that Public Regular Meeting - September 16, 1998 Page 4 Works Director Kennedy will present a priority list of street improvement projects to Council in October. Discussion followed concerning various street improvement projects throughout the City and the possibility of receiving funding through SB45 or other funding sources, as outlined by Phil Dow earlier in the meeting. MIS Ashiku/Mastin to award contract to Parnum Paving, Inc. for Orchard Avenue Reconstruction, Specification No. 98-12 in the amount of $396,441 and aut..=~rize Budget Amendment Transfer of $45,688 from Account 301.9833.250.000 ~..a. il G .r..a..':~' Crossing At Gobbi Street, carried by the following roll call vote: A.:.,YES:..... ~/~~bers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: N.~=~ AB~l~Ni~ii~;iiNone. ABSENT: ============================================== ::i:i:i:i:' 9b. Approval of Process Needed For .................. ~:~ .................... Struct~! Ins .p..=~Etion Of ~i!ii~~i!i~tel ....... City Manager Horsley advised that since Eladia ii !i .r.,chased the Palace Hotel in 1990, a series of letters have been sent regardin.g.i!ii~i~iii!~ediation issues, most of which were addressed quickly. She reported meeti~*;'witl~::**~iiiii~!in, several years ago to discuss the possibility of improving the ae.~:..e..,.t:i.cs of t~!~iiii!~ii~ii~g and to initiate the leasing of various portions of the Iower..:=~iiii~ii!i~.r.,n the ~ii~i~i~l into a viable and respectable presence in the downtown .a.:~i!i::i::::::::~::~!:i:iii~:i~:ii!i~::..was..:~i~~ receptive to this idea and immediately brought workman to ~::"site to?:i~'~E~?~i~/e..:?:~airs. Over the years, the City has continued to work with Iocai~ii~al esta:{~' brc~::~!ii~' Nix, to assist with the sale .Si:i:!::' .;i:i:i:i::' ::::::::::::::::::::::::::::::: of the building, however, the City .w.:~i~*i'ecentl,~i::*hotified .,.~'~i['Gary Nix is no longer the local She reporte..d, that for man~ii~.e~, the P.~i~?:~H~t.'~i::~:has not been heated and several roof leaks hay~iii~.S..ulted in,:~:~~iii~mage ~i~i~ili~?;interior. The City has not been allowed into the:i~iii!~iii~.r an~ii~..~i~.r.:.:.,u, cturai'::¥~:~ction. The Fire Chief has informed her that if there i§::~:~i~i~i.iii~i.!~::e Pai':~i:iiii~:i:i~ii..r:,e Department will not enter the building as they are apprehensi~:~**i!i~i~iiii[~.e dar~'~!~.!.i~iii~l:lapsing floors due to water damage and potential wood rot. If .t,,b.,~iiii~iii~.,o. ne ir~*~i~i?:~i~e building, the firefighters would feel compelled to respond...::?:iiii~::::::~:~iiiii~ii!ii~.,.d...estr'i::~"ns walking around the perimeter of the Palace is in questi~:~:"as there ar~ii~i~i!~at have been damaged and are missing from the building's extolling::' ....... ....... ' !ii!iiiiiiii~iiiiiiiii? .... ............... ' .i:!:i:i:i" I~iiii!~cordance with .~sing Code Section 201, "an owner or owner's designated agent ~'"~i!ii~e responsib!.~!~&:i' maintaining buildings in a sound structural condition, and shall be ~~i..,b..!.e f.o...,.r::~:~ing all parts of the building and premises in a clean, sanitary, and safe :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ======================= . ~ ~..O..~!~.~.'.o.;~,~<,~,~e City s Municipal Code Section 3300 describes unsafe or dilapidated b'~!ii~i!ii~iiii~i':":*~uisances and Sections 3301 through 3310 describe the process to make such a declaration. Due to the potentially dangerous condition of the Palace Hotel, City Staff requests Council's approval to ask permission of the property owner to enter the building and have a structural engineer determine if the building is structurally sound. If permission from the property owner is not received, Staff would seek an administrative warrant to inspect the building. Once the structural engineer has completed their report, Regular Meeting - September 16, 1998 Page 5 staff will return to the City Council to determine if there is any further action to be taken. Discussion followed concerning the Fire Department's concerns with entering the building. The historical significance of the building was noted and discussion followed concerning the availability of funding to rehabilitate the structure to comply with code standards. The lack of potential buyers and possible uses for the building were discussed. Consensus of Council was to encourage the property owner to attend the City Council meeting when the matter is agendized. -.::~ .... ,-i:: · :.:.:.:,:,. ..:.:.:,:,:,:.. Councilmember Chavez recommended the Main Street Prograna~iB~i~i~.o..~cted regarding ..... potential uses for the building. ..~:?:::::~::;~ .... MIS Ashiku/Uastin directing Staff to proceed ~!i~' the structural integrity of the Palace Hotel building an.."~ii!i~p immediately owner for permission to enter the building, carrie~ii~i~!~..e..ii!~'ilowing roll Councilmembers Chavez, Ashiku, Kelly, Mastin,::~i~ii!ii!ii~r Malone. NOES: None. 11. CITY COUNCIL REPORTS ........ ~:~:~ ...... "::~::::!~i~?:iiiiiiiiiiiiiiiiiiiii?:?:?:iii~iii:-ii::~ Councilmember Kelly reported that the bas~iii~ii~i~::::~i..S not I~~iii~[':the SunHouse and a new show on textiles will begin Se~~!i?i~iiiiii~:.8... T.h..~ will be an exhibit of paintings this summer to ~incide with ~?~0th a~~~::::~ Museum. She repoded that a hangar at the Airpod has been.:~ring o~:'4,00:~~::'and the Museum is making plans to utilize them soon. ..::~::?~?~?~" ..~::??' .?:~??::::~:~ ....... ::::::::::::::::::::::::::::::::: ...... ..??:~::~::~ ...... ::E:~:~:J:;:' -'::~:;:~:~:: A skateboard competition is~edule.d~r SeD:~'ber 26, 1998. She discussed the ........ ======================== ........ Skateboar~::.Park Com~~?~??~nd its.~?~B~?:~..~?:?~btain the Low Gap Park site for a S ................................... . .... ~:~. ,.:.:.:.:.:.:,:,:.;.:.:.:.:.:.:.:.:,:.:,:.:.:.:,:.:.:., .........,....,.,.....-..,..,.,........ .............................................. .-.::~?:~?~?~??~??~?:~ .... ~:~:~:~:~:~:~:~:~:~:~ ::::::::::::::::::::::::::::::::::::::::::::::::::::: -....... ======================================================= Council'~:~?~Mastin::~?:~~;~attending the Russian River Watershed Community Council (R~~9.eting':~~:mber 12, 1998. He discussed difficulties at the meeting wit~.~?~~~.' me~~'~p at 64 and that a consensus vote of the RRWCC was take~::::~:i'~'~:~?~?:~:epre~:~ntation. RRWCC identified over 60 issues but had ..::::::::::-' =================================== :~: $:: ::::.., difficH]~?:~rioritizing th~~:~o resolution determined. Their next meeting is scheduled .:.:.:.:.:,:.:. ...,.....,..... ;.:.:.:.:.. ::::::::::::::::::::::::: ~?~?~dvised that on ~tember 19, 1998 there will be a celebration of the Russian River ~beld on Tom.~:~ad at the headwaters of the Russian River. The closing celebration ~i~?:on Segt.e~r 26 in Jenner. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: "~:::~:~::'~::'~:~:~'~:~"~'~:~:~:~:~:~:~"~:~:~:~'~:~"~'~:~'~: :~:'~::::-H~:~:~~¥h'at he and Bruce Richards, from MTA, met with a real estate attorney in Santa Rosa and obtained information relevant to the Railroad Depot properly. They discussed cleanup of the properly and the possibility of groundwater contamination from that padicular properly or from another source. He expressed his concern with the wording of the November 3, 1998 Ballot Measure but Regular Meeting - September 16, 1998 Page 6 was advised by City Attorney Rapport that the wording for the measure is derived from the statute which states how a measure should be worded. Councilmember Mastin advised that a MTA sponsored "transit rodeo" will be held at Mendocino College on September 20. Various teams from transportation agencies will be competing. Mayor Malone reported attending a meeting of the Mendocino Inland Power Commission· He also advised that the annual car show will be held this weekend along .~ool Street. Over 300 cars are expected. ..~ii!~ ...... ?~-':i~!?~ .... City Manager Horsley advised that this is the first y.e..~i!i~bat a.~~:..night cruise will be held in conjunction with the car show and should~i::~iii~:~"real .~:!:~:~:~:...:~ ........... . Mayor Malone reported meeting with Ukiah Unifie~i..i~chooi~::~ii~'rict representatives regarding the proposed school site ~iii~~i~:i§tate Street. ~i?~i~t:i'ict will be evaluating the existing buildings on the propert)?~ilili~ii~uld like to inc~'~:~'~rated the Adult Education School on the same property an .d..?:::~iii~ii!i~...e..:,a vacant building in the adjacent shopping center. The District proposes t~iiii~:~at~i":ii~:~~.l buildings in the rear portion of the property. He advised the District..t, bat the Cit~::ii~ii~ili~terest in any of the · buildings on the site, however there may:::~?~iii~.s..t in usi:~i~i~ of the property for recreational purposes. He was encoura.g.'~i!i~i~i~.r, ess th~::~re making. .,~::ii;.i::iii-':.''~ ..... .............. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: City Manager Horsley advise.d..,~i::i~ the C.':i~ receiv.:.:~":'~i"9 applications for Community Based Funding and Council~ii~er C.~'ez and...iiiiii~shiku volunteered to review the applications. ~ii?~?~iii? .... .:~i?~!~ii~ii~:" .... .... ~ .... ~i::iiiii::i::i~. .~iiiii!iiiiiiiiiiiii.;i~ ............ · ..::i!ili~i~i!i!i.. !iii~!!i!i~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ':?i:!:i:!~:i::::.. !:""":: repo. ,, :that gr nt to o ioe ::::::::::::::::::::::::::::::::::::::::::::::::::::::: equipm~{..."i~i~i~k wittfi'::~.t;~~ii~at Pom'~:ii:~:~"'School, in the amount of $30,000. The City continu~:~iii~iiii~~~ a p iiii ii rity officer at the high school. ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ===================================================== · "::!:::::!"'~.:.:!~!:::i':'::i!iii:iiiiiii'::i:::.:. "!~i!!~i i '~:::!'::i:i iii :'i i::':" , · She adv,sed..:..t.~iii::ii::~ii::~a..s, met"~::i::i~,ah Ambulance and w, II meet with the Firefighters tomorrow.:::~i~i?~ii~i~i~l~t..::..they'::~'e close to an agreement. .,....,...., ..................... She..:~:0rted receivingiii~!~iion from the Mendocino College Native American Advisory Co~ittee requestin~iiii~:th:6 City's endorsement of The Native American Celebration -::!:i:!:!:i:i:i:' .:.....::i~ F:~raising Golf Toui~i~ament Day to be held on September 26, 1998. .,....,...-...,.,...,.,....,. .........,..,, ,.,.-.....-,-.-...-.,.-.,.,.-. ,.:.:.:,:.:.:.. .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ....... ~~i:l. directe.d.i~:e City Manager to send a letter of support to the Committee and the ::i:!:i:i:i:i:i:i:i:!:i:i:i:i:i:i:i:i:i:i:i:i:i::::.~~~.~........~.~~~~.::::!:i:!:!:i:!:!:!:i:i::.. =================================== - She noted that Community Development Director Larry DeKnoblough attended the recent herbicide seminar. The main topic of discussion centered on chemicals used in households. He also attended a Caltrans meeting regarding the use of gluten corn as a replacement for toxic herbicides. Regular Meeting - September 16, 1998 Page 7 She reported meeting with the concerned citizens group for three hours this week. Sonya Nesch, an advocate for mental health reform, presented some helpful information to the group. Plans are being made for Police Chief Williams to meet with the Mendocino County Mental Health Department and also the Sheriff's Department regarding a joint training effort concerning mental health patients. Ms. Nesch will assist in the training. 13. CLOSED SESSION Mayor Malone announced the Closed Session agenda as follows: G.C. §54957.6 - Conference With Labor Negotiator ........ ............::~: .:.:.:<.:.:..-'::?:?:::!~ .... .~i:!:i:i:i:i:i:i:: .... ::!:!:!:i:!::" a. Employee Negotiations-Misc. Unit. ..::?:~i!ii}~ii~ ..... ~i!ii!iiiiiiiiiiiiiiiiiiiiiiii!ii!~iiiiiiiii!::i~:~::::~:~::::~:?::~:~:~:~:::-- .... The City Council adjourned to Closed Session at The Council reconvened from Closed Session at ============================================== 13. ADJOURNMENT The meeting was adjourned at 10:20 p.m. ,.i~iii!ii!iii~ii:" ' -:::::::::::::::' ..::i:i:i:!:i" ::::::::::::::.- .i~i~!~!!i!!!!!!!!i~ .-:::::::::::>' -'::!::' ::::::::::::' :i !!:!:::::::i:!:iiii ..::i::., ":::::::::::;; ::::::::::' .-::i:!:i:i:i:i:i:!:i:!:i:i::.> :::::::::::::::::::::::::::::::::::::::::::::::: .................. .,..-.,..-.-...-.,-.-- '-:':':-:':':-:-:':':-:-:-:,:-:,:4.:-:,:.:.:.:.:.:.. '<'::!:i:i:i:i:!:i:!:i:i:i:!:i:!:i:i:i:!:i:i:i:i:i:i::.. · ,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.. ......................... -.;.:.:.:.:.:.:,:.:.:.:.:.:,:.:.:.:.:.:.:.:,:.:.:.. ==================================================== ii::.;,. ==================================================== =========================================== ==================================================================== .......... .:.:.:.:.: :::::::::::;;::: .:.:,:,:.:.:.:.:.: ..:.:.:.:,:.:.:.:.:. .-,-.,.... ======================= ================================ ..:.:.:.:.:.:.-":':':':':':" :::::::::::::::::::::::::::::::::::::::..;,::i:i;i;!;!:i;:'~ ..:,:,:.:.:.: · .... ......... i:~!~ii~:! ...... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ======================================== .... :~i::::i! ?::: .... .. .... ::::::::::::::: .............. ::::::::::::::::::::::::::::::::::::::::::::::: ........ :<.... ~:::::::::i: ::" :: :::::::: :::: :::::::': :'::: :':':':':- . ,'i'i';" ::~::i:i? .... ..:~?%i:i:::!ii::!i!i!ii::::ii::~a:r..:i~i!:::J:LIIvila, City Clerk ========================== ..:::::::::.' Regular Meeting - September 16, 1998 Page 8 Item No. 6a Date: OCTOBER 7, 1998 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO CITY COUNCIL REGARDING AWARD OF BID FOR INSTALLATION OF TWO FOUR INCH CONDUIT TRENCH CROSSINGS ON ORCHARD AVENUE TO WlPF CONSTRUCTION IN THE AMOUNT OF $9,850.00. REPORT: In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting a contract for service costing more than $5,000 but less than $10,000. Two conduit crossings for future circuits were constructed across Orchard Ave. The conduits were placed now to precede the Orchard Avenue Reconstruction. The project specifications were sent to three contractors for bids. The Iow bidder was Wipf Construction. A purchase order was issued to Wipf Construction for the bid amount of $9,850.00. The project was included in the 1998/99 budget under account 800.3646.250.000. RECOMMENDED ACTION: Receive and file report regarding the award of bid to Wipf Construction in the amount of $9,850.00 for the installation of two four inch conduit crossings of Orchard Ave. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: John Yoast, Electrical Engineering Technician Coordinated with: Candace Horsley, City Manager Attachments: 1) Bid results Can~ace Horsley, Cii~, Manager BID RESULTS FOR INSTALLATION OF TWO CONDUIT TRENCH CROSSINGS ON ORCHARD AVENUE Wipf Construction ......................................................................... (Low Bidder)S9,850.00 Ferranti Construction ...................................................................................... $23,640.00 Valley Paving ......................................................................................................... No Bid Item No. 6b Date: October 7, 1998 AGENDA SUMMARY REPORT SUBJECT: Adopt Ordinance Amending Division 4, Chapter 2, Section 3707.9 of the Ukiah City Code Establishing Industrial Waste Rates, Time Period Requirements for adjustments and Method for Determining Equivalent Sewer Service Units for Certain Industries. REPORT: The City Council at their regularly scheduled meeting of September 16, 1998 introduced this Ordinance amending the City Code establishing rates for industrial waste producers, for fiscal year 1998-1999, that would reflect operations and maintenance cost related to the Advanced Wastewater Treatment Project. In addition, this ordinance would set the minimum period for adjustment of rates to an annual basis, rather than semiannually. This amendment also defines a method for during equivalent sewer service units (ESSU's) for industrial customers who's product contains a large amount of water. RECOMMENDED ACTION: Adopt Ordinance Amending Division 4, Chapter 2, Section 3707.9 of the City Code Establishing Industrial Waste Rates, Time Period requirements for adjustment and Method for Determining Equivalent Sewer Service Units for Certain Industries. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Adoption. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Proposed Ordinance Candace Horsley, C]~ Manager ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 4, CHAPTER 2, SECTION 3707.9 OF THE UKIAH CITY CODE ESTABLISHING INDUSTRIAL WASTE RATES, TIME PERIOD REQUIREMENTS FOR ADJUSTMENTS AND METHOD FOR DETERMINING EQUIVALENT SEWER SERVICE UNITS FOR CERTAIN INDUSTRIES The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Division 4, Chapter 2, Article 8, Section 3707.9 of the Ukiah City Code is amended to read as follows: Section 3707.9 Industrial Waste Charaes, The industrial waste charges for each industry shall be determined by the following forr~ula: Annual Operating Charges: Total charge per period = (A x V)+ (B x BOD) + ( C x SS). A, B, C - unit charge rates established annually by the City calculated on the previous period's costs of maintenance, operation, administration and depreciation based on the parameter allocations in accordance with Appendix E of the Revenue Guidelines for Wastewater Dated April 1983, including any amendments or revisions. V BOD SS A B C = Volume of water in million gallons per period. = Biochemical Oxygen Demand in pounds per period. = Total Suspended Solids in pounds per period. = Allocated cost for each million gallons of flow. = Allocated cost per pound of biochemical oxygen demand. = Allocated cost per pound of total suspended solids. Parameters V, BOD, and SS are measured at the entry point to the public sewer system. The City Engineer shall set minimum requirements for sampling, analysis and flow measurement for the discharge necessary to establish quantities to be used in the above formula. For industries where significant water used in the process leaves the site as a component of the product, the Equivalent Sewer Service Units for the domestic portion of the manufacturing facility will be determined as follows: AxBxC =Y 200 gal where: A = Number of employees B = Hours per Shift Ordinance No.__ Page 1 of 2 C -- Shifts per Week Y = Equivalent Sewer Service Units (ESSUs) (Fractions to be rounded to the nearest whole number with the a minimum of 1) 200 gallons = Equivalent of the average daily usage of a residental customer based upon five employees over a 40 hour work week. SECTION TWO This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introducted by title only on September 16, 1998, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None ABSTAIN: None ABSENT: None Adopted on ,1998 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk Item No. 6c Date: October 7:1998 AGENDA SUMMARY REPORT SUBJECT: Adopt Resolution and Authorize the Mayor to Execute Amendment No. 1 and Exhibit A, to Contract No. 94-SAO-00047 for funding of Maintenance Work at the Shasta Powerplant. REPORT: This amendment to the Contract allows the Department of Reclamation to utilize the balance of the funding remaining under the Contract for turbine runner replacement for generating units 3, 4, and 5. The revised Exhibit A incorporates the turbine runner replacement into the work schedule and revises the anticipated funding schedule. It is expected that replacement of the turbine runners will allow operation of the generating units at the maximum operating capacity of 142 MW. Installation of the turbine runners will increase the ultimate hydraulic capacity of Shasta Powerplant by up to 51 MW over and above the 47 MW increase set forth in the Contract without increasing the funding level of the Contract. The City of Ukiah will be given a right of first refusal to purchase this excess capacity. The original work defined under the contract was accomplished at a significant reduction from the anticipated budgeted amount. As a result, there are funds remaining under the contract to do this additional work. Since these funds have already been collected under the Contract, there will not be any additional financial requirements on the City of Ukiah. Therefore, staff recommends execution of the Amendment No. 1, Exhibit A to the Contract. RECOMMENDED ACTION: Adopt Resolution and Authorize the Mayor to Execute Amendment No. 1 and Exhibit A, to Contract No. 94-SAO-00047 for funding of Maintenance Work at the Shasta Powerplant. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Amendment No. 1 2) Resolution 3) Exibit A APPROVE~ ,~ !~-!¢,--, Ca dace'Hbrsl'~y, Cit~Manager Amendment No. 1 Contract No. 94-SAO-00047 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AND UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT, CALIFORNIA CONTRACT AMENDMENT NO. 1 'FOR FUNDING OF MAINTENANCE WORK AT SHASTA POWERPLANT WITH CITY OF ALAMEDA CITY OF BIGGS CITY OF GRIDLEY CITY OF HEALDSBURG CITY OF LODI CITY OF LOMPOC NORTHERN CALIFORNIA POWER AGENCY CITY OF PALO ALTO PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE, INC. CITY OF REDDING · CITY OF ROSEVILLE CiTY OF SANTA CLARA SACRAMENTO MUNICIPAL UTILITY DISTRICT SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT TURLOCK IRRIGATION DISTRICT CITY OF UKIAH Amendment No. 1 Contract No. 94-SAO-00047 Section l. 2. 3. 4. 5. 6.' 7. 8. UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AND UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT, CALIFORNIA CONTRACT AMENDMENT NO. 1 FOR FUNDING OF MAINTENANCE WORK AT SHASTA POWERPLANT WITH CITY OF ALAMEDA CITY OF BIGGS CITY OF GRIDLEY CITY OF HEALDSBURG CITY OF LODI CITY OF LOMPOC NORTHERN CALIFORNIA POWER AGENCY CITY OF PALO ALTO PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE, INC. CITY OF REDDING CITY OF ROSEVILLE CITY OF SANTA CLARA SACRAMENTO MUNICIPAL UTILITY DISTRICT SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT TURLOCK IRRIGATION DISTRICT CITY OF UKIAH Table of Contents Paee PREAMBLE .......................................... -1 EXPLANATORY RECITALS ............................ 1111111111111111'2 AGREEMENT ....... . ...................... 3 EFFECTIVE DATE AND TERM OF CONTRACT ~I~I~I~:F' iiiiiiiiiiiii i 3 PRIMARY CONTRACT TO REMAIN IN FULL FORCE AND EFFECT ......... 3 MODIFICATION OF SECTION 6 OF THE PRIMARY CONTRACT ............ 3 MODIFICATION OF SECTION 9 OF THE PRIMARY CONTRACT ............ 4 EXECUTION IN COUNTERPART ' 5 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT AND UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY pROJECT, CALIFORNIA CONTRACT AMENDMENT NO. 1 FOR FUNDING OF MAINTENANCE WORK AT SHASTA POWERPLANT WITH CITY OF ALAMEDA CITY OF BIGGS CITY OF GRIDLEY CITY OF HEALDSBURG CITY OF LODI CITY OF LOMPOC NORTHERN CALIFORNIA POWER AGENCY CITY OF PALO ALTO PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE, INC. CITY OF REDDING CITY OF ROSEVILLE CITY OF SANTA CLARA SACRAMENTO MUNICIPAL UTILITY DISTRICT SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT TURLOCK IRRIGATION DISTRICT CITY OF UKIAH 1. PREAMBLE: This Contract Amendment is made this . 'day of , 1998, as part of and pursuant to the same authorities as Contract No. 94-SAO-00047, as amended (Primary Contract), between the UNITED STATES OF AMERICA (United States), (i) acting by and through the Administrator, Western Area Power Administration, Department of Energy, hereinafter called Western, represented by the officer executing this Contract, or a duly appointed successor, hereinafter called the Contracting Officer, and (ii) acting by and through the Commissioner, Bureau of Reclamation, Department of the Interior, hereinafter called Reclamation, represented by the Regional Director, Mid-Pacific Region; and the CITIES OF ALAMEDA, BIGGS, GRIDLEY, HEALDSBURG, LODI, LOMPOC, PALO ALTO, REDDING, ROSEVILLE, SANTA CLARA, and UKIAH; the NORTHERN CALIFORNIA POWER AGENCY; the SACRAMENTO MUNICIPAL UTILITY DISTRICT (SMUD); the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (BART), a rapid transit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 district established pursuant to California Public Utility Code Section 28500'et. seq.; the TURLOCK IRRIGATION DISTRICT (TID); and the PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE, all organized and existing under the laws of the State of California, hereinafter' called the Customers; and all collectively called the Parties. e EXPLANATORY RECITALS' 2.1 Western, Reclamation, and the Customers entered into Contract No. 94-SAO-00047 (Primary Contract) for funding of maintenance work at Shasta Powerplant. 2.2 The Parties desire to modify the Primary Contract by deleting the requirement to replace the core iron for unit 1 and adding the replacement of the turbine runners on generating units 3, 4, and 5 at Shasta Dam and Powerplant. 2.3 Replacement of the turbine runners is expected to increase the ultimate hydraulic capacity of Shasta Powerplant by an additional 51 megawatts (MW) over and above the 47 MW increase set forth in Section 9 of the Primary Contract. 2.4 The replacement of the turbine nmners is not expected to increase the fimding amount required above the original estimate of twenty-one million, one hundred seventy- five thousand dollars ($21,175,000.00) the Customers agreed to pay under the Primary Contract. III III 2.5 This Contract Amendment revises Section 6 of the Primary Contract to include work associated with replacement of the turbine runners and revises Section 9 to increase the amount of excess capacity from 47 MW to 98 MW. 1 2 3 4 5 '6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.6 The Parties expect that upon completion of the unit rewind wOrk, any resulting excess capacity will be made available to the CUstomers pursuant to the terms of the Primary Contract. Upon completion of the installation of each turbine runner, any resulting excess capacity will be made available to the Customers as set forth in this Amendment. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. 4. EFFECTIVE DATE AND TERM OF CONTRACT AMENDMENT: This Contract Amendment shall become effective upon execution by. all the Parties and remain in effect concurrently with the Primary Contract. 5. PRIMARY CONTRACT TO REMAIN IN FULL FORCE AND EFFECT: Except as expressly modified by this Contract Amendment, the Primary Contract shall remain in full force and effect. 6. MODIFICATION OF SECTION 6'OF TIlE PRIMARY CONTRACT: Section 6 of the Primary Contract entitled "Work to be Performed for the Shasta Rewind Project:" is hereby modified as follows: 6.1 Section 6.2.5 of the Primary Contract is hereby deleted in its entirety and the following substituted in lieu thereof: "6.2.5 Furnishing of a new thrust bearing for unit 2." /// 6.2 The following is hereby added to the Primary Contract as a new Section 6.2.6' "6.2.6 Furnishing of all necessary material, equipment, and labor for the replacement of the unit turbine runners and associated components for generating units. 3, 4, and 5." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. MODIFICATION OF SECTION 9 OF T~ PRIMARY CONTRACT: The first paragraph in Section 9 of the Primary Contract is hereby deleted in its entirety and the following is substituted in lieu thereof: "9. RIGHT TO EXCESS CAPACITY: Reclamation has determined that rewinding and increasing the nameplate ratings of Shasta units 3, 4, and 5 up to 125 MW each is expected to result in a total increase of approximately 47 MW in the capacity available at Shasta Powerplant when the storage in Shasta Lake exceeds 3.6 million acre feet (MAF). As requested by the Customers, Reclamation will increase the generator nameplate ratings of each of these units to 142 MW, as part of the work generally described in Section 6.2.3 and 6.2.4 hereof. .Additional electrical capacity, above 125 MW, is expected to be available when the turbine runners are replaced as set forth in Section 6.2.6. With the replacement of each turbine runner, the full 142 MW of nameplate rating of each unit will be available depending upon hydraulic conditions. Upon completion of the rewind work generally described in Section 6 hereof, Reclamation shall notify Western of the.amount of additional capacity available at Shasta. Upon completion of each turbine runner replacement, as generally described in Section 6 hereof, Reclamation shall notify Western of the amount of additional capacity available at Shasta. Reclamation shall provide'Western with the revised Shasta Powerplant capacity available as a function of Shasta Lake water storage and reservoir elevations. Western shall use this information to update Exhibit C'attached hereto which shows the incremental increase in Shasta capacity at certain Shasta Lake water storage and reservoir elevations. After completion of the rewind work as generally provided under Sections 6.2.3 and 6.2.4 of this Contract and for the term of this Contract, the Customers will be given a right of first refusal to purchase excess capacity up to 47 MW from the CVP in accordance with this Section 9. After completion of each turbine runner replacement,, as set forth in Section 6.2.6, and for the term of this Contract, the Customers will be given a right of first refusal to purchase excess capacity from the CVP up to 17 MW per unit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 completed in accordance with this Section 9. It is expected that at~er all work described in Section 6 has been completed, a total of up to 98 MW of excess capacity from the CVP will be made available to the Customers for the term of this Contract." . EXECUTION IN COUNTERPART: This Contract Amendment may be executed in a number of counterParts and shall constitute a single document with the same force and effect as if each Party had signed all other counterParts. IN WITNESS WHEREOF, the parties have caused this Contract Amendment to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Contract on behalf of the Party for whom they sign. WESTERN AREA POWER ADMINISTRATION By: Title: Regional Manager Address: 114 Parkshore Drive F01som, CA 95630-4710 BUREAU OF RECLAMATION By: Title: Regionol Director Address: 1 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By:, Title: (Seal) Attest By: Title: CITY OF ALAMEDA By: Title: Address: cITY OF BIGGS By: Title: Address: CITY OF GRIDLEY By: Title: Address: CITY OF HEALDSBURG By: Title: Address: CITY OF LODI By: Title: Address: CITY OF LOMPOC By: Title: Address: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: NORTHERN CALIFORNIA POWER AGENCY By': Title: Address: CITY OF PALO ALTO By: Title: Address: PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By: Title: Address: CITY OF REDDING By: Title: Address: CITY OF ROSEVILLE By: Title: Address: CITY OF SANTA CLARA By: Title: Address: 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: (Seal) Attest By: Title: SACRAMENTO MUNICIPAL UTILITY DISTRICT By: Title: Address: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT By: Title: Address': TURLOCK IRRIGATION DISTRICT By: Title: Address: CITY OF UKIAH By: Title: Address: Contract No. 94-SAO-00047 RESOLUTION NO. BE IT RESOLVED BY THE OF The is authorized, on behalf of to execute this Contract Amendment with the Western Area Power Administration and Bureau of'Reclamation titled Amendment No. 1 Contract No. 94-SAO-00047. Adopted: Revision 1, Exhibit A Contract No. 94-SAO-00047 Exhih/L~ (Estimated Funding and Project Work Schedule) 1. This Revision 1 to Exhibit A, to be effective under and as a part of Contract No. 94-SAO-00047, shall become effective on ,1998, and shall remain in effect until superseded by another revised Exhibit A or upon termination of the Contract. 2. The revised schedule for the work generally set forth in Section 6 and the fm~ding for such work is set forth as follows: ACTIVITY Award Bid Initial Contribution Date Disassembly of Unit 4 Delivery of Materials Install Components - Unit 4 Reassembly of Unit 4 Delivery of Materials Publish Turbine Spec Disassembly of Unit 5 Install Components - Unit 5 Award Turbine Contract 3/ Reassembly of Unit 5 COMPLETION FUNDING FUNDING DATE l/ ' DATE 2/ Jun 95 Feb 97 Jun 97 Aug 97 Dec 97 Oct 98 Oct 98 Dec 98 Mar 99 Mar 99 Jun 99 Jan 96 Jul 96 Aug 96 Nov 96 Dec 96 Jan 97 Mar 97 May 97 Jul 97 Aug 97 Oct 97 Nov 97 Feb 98 May 98 Aug 98 Oct 98 Dec 98 Feb 99 Apr 99 Jun 99 Aug 99 Oct 99 Dec 99 $23,679 $150,314' $71,186 $55,00o $677,622 $738,000 $867,000 $749,500 $689,5O0 $541,149 $732,500 $774,577 $1,068,850 $395,538 $372,674 $265,126 $110,087 $483,798 $700,000 $320,317 $517,753 $87,000 $133,000 $236,674 1 of 6 Revision 1, Exhibit A Contract No. 94-SAO-00047 Turbine Model Evaluation Disassembly of Unit 3 Delivery of Materials Install Components- Unit 3 Reassembly of Unit 3 Delivery of First Turbine Disassembly of Unit 4 Installation of First Turbine Reassembly of Unit 4 Disassembly of Unit 5 Delivery of Second Turbine Installation of Second Turbine Reassembly of Unit 5 Disassembly of Unit 3 Delivery of Third Turbine Installation of Third Turbine Reassembly of Unit 3 Contingencies Total Cost COMPLETION · DATE~/ Dec 99 Jan 00 Apr 00 May 00 Jul 00 Dec 00 Dec 00 Jan 01 May 01 Oct 01 Dec 01 Jan 02 May 02 Oct 02 Dec .02 Jan 03 May 03 FUNDING FUNDING DATE 2/ $1,100,000 Feb 00 $266,126 Apr 00 $313,174 Jun 00 $162,000 $2,000,000 $15o,ooo $1oo,ooo $15o,ooo $15o,ooo $2,oo0,o0o $1oo,ooo $15o,ooo $15o,ooo $2,0o0,o00 $1oo,ooo $15o,ooo $1~372~856 $21,175,000 Completion dates may be revised upon award of contract(s) by Reclamation. Funding dates listed are for the rewind. Funding Dates for turbine runner installation to be inserted upon award of contract(s) by Reclamation. 3. EXECUTION IN COUNTERPART: This Contract Amendment may be executed in a number of counterparts and shall constitute a single document with the same force and effect as if each Party had signed all other counter ~arts. 2of6 Revision 1, Exhibit A Contract No. 94-SAO-00047 IN WITNESS WHEREOF, the parties have caused this Revision 1, Exhibit A, to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Contract on behalf of the Party for whom they sign. WESTERN AREA POWER ADMINISTRATION By: Title: Regional Manager Address: 114 Parkshore Drive Folsom, CA 95630-4710 BUREAU OF RECLAMATION By: Title: Reeional Director Address: 3of6 Revision 1, Exhibit A Contract No. 94-SAO-00047 (Seal) Attest By' Title: CITY OF ALAMEDA By: Title: Address: (Seal) Attest By' Title: CITY OF BIGGS By: Title: Address: (Seal) Attest By' Title: CITY OF GRIDLEY By: Title: Address: (Seal) Attest By: Title: CITY OF HEALDSBURG By: Title: Address: (Seal) Attest By' Title: CITY OF LODI By: Title: Address: (Seal) Attest By: . Title: CITY OF LOMPOC By: Title: Address: 4of6 (Seal) Attest By' Title: Revision 1, Exhibit A Contract No. 94-SAO-00047 NORTHERN CALIFORNIA POWER AGENCY By: Title: Address: (Seal) Attest By: Title: CITY OF PALO ALTO By: Title: Address: (Seal) Attest By' Title: PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By: Title: Address: (Seal) Attest By' Title' CITY OF REDDING By: Title: Address: (Seal) Attest By' Title: CITY OF ROSEVILLE By: Title: Address: (Seal) Attest By: Title: CITY OF SANTA CLARA By: Title: Address: 5of6 (Seal) Attest By: Title: Revision 1, Exhibit A Contract No. 94-SAO-00047. SACRAMENTO MUNICIPAL' UTILITY DISTRICT By: Title: Address: (Seal) Attest By' Title: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT By: Title: Address: (Seal) Attest By' Title: TURLOCK IRRIGATION DISTRICT By: Title: Address: (Seal) Attest By' Title: CITY OF UKIAH By: Title: Address: 6of6 ITEM NO. 6a DATE: October 7, 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR CONSTRUCTION OF STREET STRIPING 1998, SPECIFICATION NO. 98-10 SUMMARY: Funding for this project was approved in the fiscal year 1998/1999 budget in the amount of $14,000 in account number 100-3110-250-000 and the City Council awarded the contract on August 19, 1998 to Price Striping Service, contractor in the amount of $11,093.88. The work of the contract was completed by the contractor in substantial conformance with the approved plans and specifications on September 4, 1998. The final contract cost based on final contract item quantities is $11,093.88. Final payment of the 10 percent retention in the amount of $1,109.39 will be made to the contractor after 30 days from the date the Notice of Completion is filed with the County Recorder. RECOMMENDED ACTION: 1. City Council accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Construction of Street Striping 1998, Specification No. 98-10. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Director of Public Works/City Engineer Seanor, Deputy Director of Public Works,~-' -- Rick Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Notice of Completion APPROVED:( Cand-"~-~ce Horsley, City ~anager RJS:AGNC9810.SUM e~uJOJ!leO ,to a~,e~,S 'ou!oopualAi jo Muno~) 9q~, Joj pue u! o!lqnd AJe~,ON ,to Aep · ~,seoA uaJe)i Aq '866 L s!q~, ~tu 9jo,taq o~, UJON~S pue paq!Josqns ~lJal3 M!3 '¥-IIA-IN · a§palN~OU>! UNtO JeLl JO 9nJ:~ s! awes aq~, SN~OU>! pue uop, alduJoo Jo aoP, ON §u!o§aJOJ aq~, peaJ seq qeplrl jo Az!C) ~q~, ,to ~lJalD aq~, s! aqs ~,eq.l_ :sAes UJON~S AlnP §u!aq 'el!^lN a!JelAI '1 )lB:IlO ),113 (ONIOOON:ilN -I0 A.LNnO0 ( ~lNl::lO-ll'l~fO -IO :l_l~f.I.S uo!:~gJodJoC) led!o!unlA! e 'H¥1)IN -IO AJ_IO · s~,!W!l M!D e4~, u!q~,!N~ s~,aaJ~,S sno!Je^ se peyp, uep! A~JadoJd paUN~O-M!O 'aldw!s aa~ jo ~,e4~, s! SJgUMO p!es lie jo 0 L-86 'ON uo!~,eoy!oads '866 L I~u!d!J~,$ 3~9J:~$ ~4:~ O~, al~P, a4~, JO 8Jn~,eu 84:~ ~,eq.L e!UJOJ!180 '4e!>ln 'anua^v AJeU!WaS 00~ Mp, uq o!lqnd e '4ePIN ,to M,!O a4.1_ :aJe sessaJppe Jo sseJppe asoq~ §U!N~OIIOJ e4~, Aq peUN~O S! peq!Josep A:uedoJd leeJ e4~, ~,e41 'L :N3AI9 Aa31:I3H SI 3OI.LON NOIJ.:::ildlAIO:3 ::!0 :::I:31/ON 00~9-~;91z (LOL) ~:81zc~6 e!uJoJ!le3 '4epIN enuaA~ AJeu!Lues 00~ H¥1NN :!0 All::) :01 ujn3,~JJ aSealcl ITEM NO. 6e DATE: October 7, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF SERVICES FROM REPUBLIC ELECTRIC FOR INSTALLATION OF TRAFFIC SIGNAL LOOP DETECTORS IN AN AMOUNT NOT TO EXCEED $6,200 SUMMARY: In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing $5,000 or more but less than $10,000. City staff worked with the Purchasing Department to obtain quotes for the installation of nine traffic signal loop detectors. Three signal loops will be installed on the through lane and four signal loops will be installed for the left turn lane for eastbound traffic on Gobbi Street at South State Street. Two signal loops will be installed on the eastbound lane of Washington Street at South State Street. The traffic signal loops are being installed after corrective maintenance of the streets at the two locations. One firm, Republic Electric, responded with a quote for the work. The City has been very pleased with Republic Electric's work on City traffic signals during] the past several years. RECOMMENDED ACTION' Receive and file report. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Worksj~L.-. I'-"' Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Fiscal Year 1998/1999 budget sheet 2. Proposal from Republic Electric APPROVED: ~ ,~~~.,,.__ Horsley, Candace' - ~ -Cit~Manager f RJS:AGTRLOOP.SUM Republic Electric , :A L, F,i" 154 September 2, 1998 City ot:'Ukiat~ Attn' Jim Looney 300 Senfinary Avenue Ukiah, CA 95482 Job Name: Replace 'J'raitic Sign~ Detea. or .Loops az~d DLC .Boxes Job l.,ocafion: Two F, as!bou~]d Cross Streets at State Street r41.5/ [)car .,'vii. Looney, We offer to peffon~ the [bllowin8 work: on ~k,e tanns ea:d conditions stated below and on the reverse side here~3, f, [md at d~e pricca $l~owa, a,$ l'bllows: Furnish and install a total of r~e 6'x 6' ~pe A traffic signal detector loops as shown on the attached drav, ings furnished by the City. A total eft'our aew detector loop cable (DLC) boxes vdll be installed in ~he street adjacent to th,~. g,atler pet Ca-',trar, .~!)cci:[[cat[or:s. The e>:.istmg conduits, which stub under the curb and gutter from ti:e c.,idew~k pull bo:.-:e.q will be brouSht into the DLC boxes. The .new looes will be spliced to the eydxting dete~cr !oo? cub!c in the DLC bo'r. It is assmned tl~at the existing detector loop cables are operable and of,~u,q_Ment length. Al!. raa;efial is stock at P,,epubtic Electric and work ~V...; o; Uk~.a~h. Est~]ated finte to complete is 3 days. begin wiflfin 5 days of a nolice to proceed 5,~ tl~e "' "~ ' [.al:>or, Material and Equipment ..... $6>200.00 This offer sh~ expire ~0 da,,;s fi'om the ~.aie hereo£ an:[ may be withdrawn by us at az~y time prior thereto with or witho~t notice. This offer mpersedes any phor ot:l-;ers, co~mnitment or orders, contains all lenns, ~-mditiora~-:)lid warranties [~'~d ,',!:~n accepted, constitute,: the entire conlract between d~e parties lrbe res~,0ti~g cont~'a..¢t shali not be_, n;odified except by tbnnal v, Jitten mnend,,uent. Tiffs ol~br shall be accepted by defi;.ely to us of ~ cc73: of tbJ$ ,)tSar duly signed by you in !he space provided. The foregoing offer is hereby accepted this ................ day of ,1998, REPUBLIC EI.EC'I'R[C Title: Pieside~t TT HMF JT '* 89,.a-8897 · Fax (4 l;i'~ 8':.:~8 .c; ....... · -~, . · .12(I Re.-.,. wo::..,d Blvd. . 6f ITEM NO. DATE: October 7, 1998 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE EXPENDITURE OF $15,000 FOR JUVENILE WORK PROGRAM AT UKIAH SOLID WASTE DISPOSAL SITE SUMMARY: The City has utilized the services of the Mendocino County Juvenile Work Program for the past three fiscal years. The youth working under this program assist staff in collecting wind-blown debris at the disposal site, cleaning up debris along the roads leading to the site and installing minor erosion control facilities. This fiscal year staff is requesting that the City authorize an expenditure in the amount of $15,000, the amount designated in the FY 1998/1999 budget for this work. This will provide payment for the Juvenile Work Program for FY 1998/1999. RECOMMENDED ACTION: Authorize expenditure of $15,000 for juvenile work program at Ukiah Solid Waste Disposal Site. ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize the expenditure and direct staff to seek alternative means to accomplish the work projects. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works~!~. Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Fiscal Year 1998/1999 budget sheet APPROVED Can~ace Horsley~'~y Manager RJS:AGLFJWP.SUM IJJ c: oo Ix:l! ~TT~flF_. H ~[ o o o ITEM NO. 6g DATE: OCTOBER 7, 1998 AGENDA ~UMMARY REPORT SUBJECT: DENIAL OF CLAIM FOR DAMAGES RECEIVED FROM RENEE KRAFT; AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Renee Kraft was received by the City of Ukiah on September 21, 1998 and alleges damages related to a foot injury due to impact with a construction fence on September 8, 1998 at the northwest corner of State and Standley Streets. Pursuant to City policy, it is recommended the City Council deny the claim as stated and refer it to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Deny Claim for Damages Received from Renee Kraft; and Refer It to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Claimant Claimant .. Michael F. Harris, Risk Manager/Budget Officer ~u-~..~¢,~ }~e-,.~ Candace Horsley, City Manager 1. Claim of Renee Kraft, pages 1-5. mfh:asrcc98 1007CLAIM NOTICE OF CLAIM AGAINST THE CiTY OF UKIAH, CALIFORNIA This claim must be presented, as pre-scribed by Parts 3 and 4 of D/vision 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CiTY OF UKIAH At'tn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box State Zip Code Home Phone Number Work Phone Number . PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box c.~X A,/,',_ ~ ~ DATE OF THE ACCIDENT OR OCCURRENCE: 5. PLACE OF ACCIDENT OR OCCURRENCE: State Telephone Zip Code . GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is~needed): / 7. NAME(S), if known, OFANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: . WITNESS(ES), tf known (optional): Name Address Telephone bo . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name Address a.. //~{/?~?. ~-~ , Vincent, M._D_ 1101 S. Dora, UN/ah CA b. 95482 Telephone 462-2945 GENERAL DESCRIP~ON OF THE ~DEBTEDNESS, OBLIGA~ON, ~JUR~ DAMAGE OR LOSSso hr asitmaybeknownatthetimeofpmsentafionoftheclaim:See attached copy of letter sent to the prooerty owner. We believe the City of Ukiah has a duty to maintain the sidewalk in a safe condition. We believe this duty has not been met and as a result Ms. Kraft was injured. 11. 12. STATE THE AMOUNT CLAIMED ff it totals less than ten thousand doftars (510,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as if may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars (510,000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Superior Court. Amount Claimed $ 6 5 0 or Applicable Jurfsdicb'on THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: See attached Expenses for medical/hospital care: Loss of earnings: Special damages for:. · letter. $ $ General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause action for death or for injury to the person or to personal property or growing crops shall be presented not later than ;six (6)calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shaft be presented not later than one (1) year after accrual of the cause of action. ,, Dated: 9 / t 7/'9 8 Received in the Office of the City Clerk this NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satJ'sfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal fights or Io interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 Thomas B. Mason Timothy 3. Morrison Jan Cole WLlson MASON & MORRISON ATTORNEYS AT LAW 104 North School Street Ukiah, California 95482 (707) 468-9140 Fax No.: (707) 468-8096 September 18, 1998 Patrick F. Harbin P. O. Box 437 Ukiah, CA 95482 Re: Claimant: Renee Kraft DOI' 9/8/98 Dear Mr. Harbin' This firm represents Renee Kraft in her personal injury claims resulting from an incident that occurred on your property at 200 North State Street in Ukiah on September 8, 1998. Please accept this letter of demand in support of our request for settlement of this matter. It also is our purpose to notify you of the on-going dangerous condition that exists as a result of the construction project on your property that affects the public sidewalk all along the northwest corner of the intersection of State and Standley Streets. We bring this to your attention in the expectation that you will take immediate steps to correct the dangerous condition and thereby prevent injury to others. This situation presents a special threat of injury to small children. As the enclosed photographs indicate, the rectangular pipe bases supporting the temporary chain link fence around your construction project protrude well above the concrete surface of the sidewalk and out into the pedestrian traffic area for more than a foot from the fence itself. The ends of these bases are open galvanized steel pipe and very sharp. They are very easy to trip or stub a toe on and represent a serious hazard to the feet of passers-by. Should a pedestrian be wearing open-toed shoes, as was the case with Ms. Kraft, serious injury can result. On September 8, 1998, Ms. Kraft, wearing open-toed sandals, was walking on the sidewalk past your construction site when she jammed the little toe of her right foot into the open pipe of one of these supports, receiving a nasty gash. Patrick F. Harbin September 18, 1998 Page Two Bleeding profusely, Ms. Kraft drove herself to the emergency room at Ukiah Valley Medical Center. Noticing that the outpatient waiting area was packed, and knowing that her employer, Dr. Vincent Valente, was in the hospital at the time, Ms. Kraft located Dr. Valente, and he dressed her wounded toe without requiring her to wait. In the process, however, she bled through and ruined two pairs of shoes. It is our position that your liability in this matter is clear and absolute. As a proximate result of your negligence, Ms. Kraft has incurred damages of $100 for two pairs of ruined shoes; $60 for the reasonable cost of her medical treatment; (Had she actually been treated by the emergency room outpatient facility, her medical expenses would have been much greater.) and considerable pain and suffering. On the-basis of clear liability, lack of comparative negligence, medical costs, and pain and suffering, we have arrived at a firm request for settlement in the amount of $650. We believe that a speedy settlement is in the best interests of all involved, and we are especially concerned that you correct forthwith the on-going dangerous condition described above. This demand is made without prejudice and will be held open for a period of two weeks. We hope this matter can resolve without the necessity of expensive and protracted litigation. ! look forward to hearing from you. Attorney for Renee Kraft TJM:jk Enclosures cc: Renee Kraft -'4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kraft v. City of Ukiah PROOF OF $gRVICE I am a citizen of the United States and employed in Mendocino County, I am over the age of eighteen years and not a party to the within action; on this date I served: NOTICE OF CLAIM AGAINST THE CITY OF LrKIAH, CALIFORNIA XXX by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Post Office mail box at Ukiah, California addressed as set forth below: City of Ukiah Attn: City Clerk 300 Seminary Avenue Ukiah, CA 95482 by personally delivering a true copy thereof to the person/office of, at the address set forth below: I declare under penalty of perjury that the foregoing is true and correct under the laws of the State of California. ExecUted on September 18, 1998, at Ukiah, California. JO~ KNIGHT ~ ITEM NO. 611 DATE: October 7, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF EMERGENCY PURCHASES FOR SLOPE STABILIZATION WORK AT UKIAH SOLID WASTE DISPOSAL SITE AND AUTHORIZE BUDGET AMENDMENT TRANSFER OF $35,000 FROM ACCOUNT 660.7301.250.000 TO ACCOUNT 660.3401.310.000 SUMMARY: The City Council received a report from staff on July 15, 1998 regarding slope stabilization work at the Ukiah Solid Waste Disposal Site. The contractor, Tim Narvaez, recently began work at the Site and found much more severe conditions than originally anticipated. On September 17, 1998 staff requested and received authorization from the City Manager to proceed with emergency repair work at the Site (Attachment 1). The repair work involved additional excavation and installing a french drain network system to remove perched groundwater which had caused the slip-out on the slope. The emergency work was required due to the lateness of the season and the pending winter rain. The repair work is located adjacent to the main access road leading to the west sedimentation ponds, continued on page 2 RECOMMENDED ACTION: Receive report of emergency purchases for slope stabilization work at Ukiah Solid Waste Disposal Site and authorize budget amendment transfer of $35,000 from account 660.7301.250.000 to account 660.3401.310.000 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works~ Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Memorandum Regarding Emergency Purchases at Disposal Site 2. Agenda Summary Report No. 6e, July 15, 1998 Regarding the Acquisition of services from Tim Narvaez for Slope Stabilization Work at the Ukiah Landfill 3. Fiscal Year 1998/1999 budget sheet 4. Budget Amendment Worksheet APPROVED: ~.__(~__~-~c~ ~"~~-, Candace Horsley, City M~nager RJS:AGLFEMRG.SUM Page 2 October 7, 1998 REPORT OF EMERGENCY PURCHASES FOR SLOPE STABILIZATION WORK AT UKIAH SOLID WASTE DISPOSAL SITE AND AUTHORIZE BUDGET AMENDMENT TRANSFER OF $35,000 FROM ACCOUNT 660.7301.250.000 TO ACCOUNT 660.3401.310.000 Staff has identified funds in the amount of $35,000 for the additional project work in fund/account 660.7301.250.000 (permanent perimeter site fencing). Due to emergency nature of this project staff chose to use these funds. Additional funding, if needed, for the perimeter site fencing will be requested in the next fiscal year budget. DATE: TO: FROM: SUBJECT: CITY OF UKIAH MEMORANDUM September 17, 1998 Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer ~ Authorization for Emergency Purchases at Disposal Site On July 15, 1998 the City Council authorized work in the amount of $10,000 by Tim Narvaez for slope stabilization at the Ukiah Solid Waste Disposal Site. Mr. Narvaez initiated the work and has found a more severe slope condition than originally anticipated. Groundwater was discovered perched above clay lenses on the hillside creating the slip planes. Due to the lateness of the season and the pending fall rain, emergency work (installation of a french drain system) has been initiated in order to stabilize the slope. This work is anticipated to cost an additional $35,000. Your authorization of the attached requisition is requested to pay for these emergency repairs in accordance with Section 1530 of the Ukiah Municipal Code. Funds have been identified in the amount of $35,000 from fund/account number 660-7301-250-000 (perimeter site fencing). A full report will be prepared for the October 7, 1998 City Council meeting regarding this emergency expenditure. cc: file W 0 w n 0 ~Z AGENDA SUMMARY ITEM NO. DATE: JULY 15, 1998 REPORT SUBJECT: RECEIVE REPORT REGARDING THE ACQUISITION OF SERVICES FROM TIM NARVAEZ FOR SLOPE STABILIZATION WORK AT THE UKIAH LANDFILL In compliance with Section 1522 of the Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing more than ,~5,000 but less than 910,000. The services being acquired are from Tim Narvaez for slope stabilization work at the Ukiah Landfill. Mr. Narvaez will provide the following operated equipment: D6 Dozer, D7 Dozer, water truck and vibratory compactor. Compensation will be made at the hourly rates for each piece of equipment operated, and the total compensation is not to exceed ~ 10,000. The expenses will be charged to Account No. 660.3401.310.000. The work area is the cut slope above and to the south of the leachate containment system and sedimentation basin at the west end of the landfill. Over the last two winters, this slope has slipped and is now in an unstable condition. It is necessary that the material be removed, replaced, and compacted at a more gentle slope. Drainage provisions will also be incorporated to reduce water infiltration into the top of the slope. The work will be performed under the direction of the Public Works Superintendent and the Landfill Supervisor. RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: Prepared by: Coordinated with: Attachments: Jim Looney, Public Works Superintendent Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager None. APPROVED:"-'~ Candace Horsley, C~y Manager R:I ~ANDFILL:kk ANARVAEZ m 8 E '~ - '~'~ ,- =~ ~ 2~= · -- ~ -- ~ ~ 0 '~ '~ E · -- __ ~ ~ o ~ ~ '~ -: - . 0000000000000 0 0~0 0 ~ 0 0 OiO 0 0 0 0 8 mo~oo~~~~ ~ ~,momomoomm~o ~ 0 ~ ~ ~ ~ ~00 ~0~ = ~o o : : : : : : : : : , o~o ' ~0 O0 O0 000 ~ ~00 ~ 0~ 0 ~ N ,-- ITEM NO. 6i DATE: October 7. 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR A USED 250 KW GENERATOR AT THE HYDRO PLANT TO BAYSIDE EQUIPMENT COMPANY FOR THE SUM OF $29,000 REPORT: Each year it is required that the City rent a generator to supply emergency power for the water pumps that supply the fish hatchery at the Lake Mendocino Hydroelectric Facility. In an effort to reduce long term cost, staff felt that it would be prudent to purchase a used generator. Requests for Quotation through the formal bid process were sent to thirteen suppliers of generating equipment. On September 28, 1998 four bids were opened by the City Clerk. The lowest bid meeting specifications is Bayside Equipment Company with a bid price of $29,000 including sales tax. $30,000 was budgeted in Account Number 800.5536.420.000 for the purchase of a generator. Staff recommends purchasing the used 250 KW generator from Bayside Equipment Company for the sum of $29,000. $29,000 has been transferred from Account Number 800.5536.420.000 to Account Number 800.5536.800.000 to fund the purchase of this generator. RECOMMENDED ACTION: Purchase the used 250 KW generator from Bayside Equipment Company for $29,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids 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. Bid Tabulation 2. Budget Transfer Authorization Candace Horsley, ~i~ Manager I- 0 BUDGET TRANSFER AUTHORIZATION TO: Director of Finance Date ~ -,2 '7 "' qCD Please transfer the follo~ving amount as shown below: FROM Account No. cs?DO , -..5',5'./, ~ . 420.0Ct..3 Amount TO: Account No. AmounI Justification' Approval of City Manager required for transfers with in Department Budgets. Council approval required between Department or Fund Budgets. 0-- O ~Departmen~t~ad Appro red: ~~.. ,,)~~Sta City Manager Approved: Mayor ITEM NO. 6j DATE: October 7, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR THE PURCHASE OF LIQUID POLYMER TO NTU TECHNOLOGIES FOR THE SUM OF $42,300 Each year it is necessary to purchase approximately 45 tons of liquid polymer. Liquid polymer is a coagulant used to aid the filtering of the water at the water 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 water treatment plant personnel. $60,000 is budgeted in Account Number 820.3908.520.000 for the purchase of chemicals. Requests for Quotations through the formal bid process were sent to five chemical suppliers. Three bids were opened by the City Clerk on September 28, 1998. The lowest bidder meeting specifications is NTU Technologies with a bid price of $.47 per pound and a total amount based on estimated usage of $42,300. Staff recommends that City Council award the bid for liquid polymer to NTU Technologies for the sum of $42,300. RECOMMENDED ACTION: Award the bid for liquid polymer to NTU Technologies for the sum of $42,300. 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 Candace Horsley, City\\Manager Z LU Z-J LU r~ o LU LU 0 0 0 0 c) c:) ITEM NO. 6k DATE' October 7; 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE FOR A PORTION OF THE UKIAH REGIONAL AIRPORT WITH MENDOCINO COUNTY FARM SUPPLY Airport staff has been approached by the Mendocino County Farm Supply with a request to lease approximately 1.5 acres of clear zone for the purpose of yard storage. Staff has negotiated a lease in the amount of $600 per month. Due to the height and occupancy limitations on the property, construction is not possible, however, it is ideal for open storage of materials such as is being proposed by the Farm Supply. The proposed lease is for five years with an option for renewal, contingent upon terms and conditions to be agreed upon at the time. The lease has been reviewed and approved by the Airport Commission and a copy, signed by the Farm Supply's representative, is attached for the Council's review. Staff believes the lease is beneficial to the continued viability of the airport and is consistent with the Airport Master Plan and therefore recommends approval. The project is exempt from the California Environmental Quality Act under Section 15304, Class 4e, Minor Alterations to Land. RECOMMENDED ACTION' Approve lease with Mendocino County Farm Supply for approximately 1.5 acres of Ukiah Regional Airport. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revision and approve as revised. 2. Determine lease is inappropriate at this time and do not move to approve. Citizen Advised' Mendocino County Farm Supply Requested by: Prepared by' Coordinated with' Attachments: N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager 1. Proposed Lease APPROVED× Candace Horsley, City/IManager LD2 MFS.ASR LEASE AGREEMENT This Lease, made this~ day of ,19 , by and between the City of Uldah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Mendocino County Farm Supply, a non-profit corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Govemment 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 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 five (5) years commencing on the date set forth above. Lessee shall have the option of renewing this lease for a second five (5) year term contingent upon terms and conditions to be agreed upon at that time. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $600 per month for the first three years of this agreement. At the commencement of each subsequent year the -1- rent shall be increased at the rate of two percent (2%) or equal to the Consumer's Price Index, whichever is greater. 3.1. Lessee specifically represents that the purpose of this lease is material storage and agrees to comply with any and all clear zone height restrictions as defined by the Airport Master Plan. 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 this lease. 4.1. Lessee shall use the leased premises exclusively as material storage. 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 shall prepare plans and specifications for said improvements 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 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, Ukiah Regional Airport, and the State of California. -2- 4.7. Lessee shall not maintain any nuisance on the leased premises or engage in any activity that unreasonably interferes with the use of the Ukiah Regional Airport by Lessor and the general public. 4.8. Lessee shall be responsible for landscaping or landscape maintenance of the leased premises. 4.9. Lessee shall, at its sole expense, be responsible for payment of all utilities and any possessory interest tax which results from use of the premises by Lessee. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or undeflet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and ail liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirermnts of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3. Notwithstanding the provisions of Exhibit B requiring Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its status as a non-profit tax exempt organization; -3- b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall inamdiately thereafter comply with the workmen's compensation provisions of Exhibit B. 7. TERMINATION. 7.1. Lessor can cancel this Lease immediately for any breach of this lease by Lessee without any prior notice to Lessee. 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. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEF~: TO CITY; -4- Mendocino County Farm Supply 303 Talmage Road Ukiah, CA 95482 City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. RECORDING AND BINDING 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 def'me or limit the scope of this Lease. 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the saxre 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. 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. CITY OF UKIAH By: ATTEST: Lessee City Clerk By: ld/ag~em~mts mfb~gr -5- I I I l' l' eL_ 0 I ,"~soUTH 1195 STREET ,' STATE I I E×hibit "B" INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO R1SKS) Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Minimum Scope of Insurance Coverage shall be at least as broad a~: 1. Insurance Services Office Commercial General Liability coverage ("occurrence' form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property insurance against all risks ..of. loss to any tenant improvements or betterments. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, persona] injury and property damage. If Commercial General Liability Insurance or otl~er form with a general aggregate limit is used, either the general aggregate limit sl~all apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared, to and approved by tl~e City. At the option of the City, either: the insurer shall reduce or eliminate sucl~ deductibles or self-insured retentions as respects the City, its of£icers, officials, employees and volunteers; or the Lessee shall provide a financial . guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy ts to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. 'I't~e Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. Insurence Requirement~ in Contracts 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to tl~e City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.:4. Best's rating of no' less than A:VII. Verification of Coverage ~ Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Insurance RequJ rc~,ent$ in Contracts ITEM NO. 61 DATE: OCTOBER 7, 1998 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR THE PURCHASE OF THREE 600 AMP DISTRIBUTION SWITCHES TO SOUTHWEST POWER IN THE AMOUNT OF $7,792.79. Quotations were requested for the purchase of three 600 Amp Morpac Distribution Switches, with no substitutions allowed. The switches will be used for reconductoring and systems maintenance which has been budgeted in the 1998/99 Fiscal Year in Account Number 800.3646.420.000. A Request for Quotation (RFQ) through the informal bid process was sent to four suppliers. Two responses, one of which was a no bid, were received and opened by the Electric Department on September 30, 1998, at 1:00 p.m. Southwest Power submitted a bid in the amount of $7,792.79. A purchase order was issued. Based on purchasing policies, we are giving City Council the required notification of the action. RECOMMENDED ACTION: Receive and file report regarding the award of bid for 600 AMP distribution switches to Southwest Power in the amount of $7,792.79. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: Bid results APP OV ,D' C~ace Horsier'; '~ity Manager BID RESULTS 600 Amp Morpac Distribution Switches Southwest Power Westem States Electric $7,792.79 NB AGENDA SUMMARY REPORT ITEM NO. 6m DATE: 10/7/98 SUBJECT: Joining Amicus Brief to Court of Appeal in Howard Jarvis Ass. v. San Diego SUMMARY: As explained in the attached memorandum from Richards, Watson & Gershon, the Howard Jarvis Taxpayers Association has appealed an adverse ruling in favor of San Diego upholding San Diego's fees established under the Parking and Business Improvement Area Law of 1989. That law allows local merchants to tax themselves in order to provide funds to make improvements to business districts where their businesses are located. The Association claims that fees established under the 1989 law are subject to the provisions of Proposition 218. According to the memorandum, the Association also argues that Proposition 218 prohibits assessments under the 1989 law under any circumstances. The City of Ukiah has established a fee under the 1989 law which requires businesses within the Downtown Business Improvement District to pay double the regular business license fee. The revenues are used to improve and promote the downtown business district. The fee was established with the overwhelming approval of the affected businesses. The City has a direct interest in the outcome of this case. In joining the brief the City will not incur any expense. The brief is written by the Richards law firm without cost to the cities that join in the brief. RECOMMENDED ACTION: Authorize City Attorney to authorize T. Peter Pierce of Richards, Watson & Gershon to represent the City of Ukiah as an amicus curiae in Howard Jarvis Taxpayers Association et al. v. City of San Diego, Fourth District Court of Appeal, Division One, No. D0313448. ALTERNATIVE COUNCIL POLICY OPTIONS: Decide not to join amicus brief. Authorize City Attorney to seek leave to file separate amicus brief. Acct. No. (if NOT budgeted): Citizens Advised: Requested by: David J. Rapport, City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, City Manager Attachments: 1. Memorandum from Richards, Watson & Gershon Approved' L(~. ~---~.~:_~ ~ Candace Horsley, Ci~ Manager s:~u~agenda97~form October 1, 1998 GLENN R. WATSON LAURENCE $. WIENER ROBERT G. BEVERLY STEVEN R. ORR HARRY L. GERSHON MICHAEL G COLANTUONO DOUGLAS W ARGUE B. TILDEN KlM MARK L. LAMKEN C. EDWARD DILKES ERWIN E. ADLER PETER M. THORSON DAROLD D PIEPER BRENDA L. DIEDERICHS ALLEN E, RENNETT JAMES L MARKMAN STEVEN L. DORSEY DEBORAH R. HAKMAN WILLIAM L. ST~AUSZ RUBIN D, WEINER ANTHONY B, OREWRY SASKIA T. ASAMU~A MITDHELL E, ABBOTT ~AYSER O. SUME TIMOTHY L. NEUFELD SAUL JAFFE GREGORY W. STEPANICICH C~AIG i. STEELE ROCHELLE BROWNE T. PETER PIERCE MICHAEL JENKINS DAVID ROBERT DANIELS WILLIAM B RUDELL WILLIAM P, CURLEY III QUINN M. BARROW D. C~AIG FOX CAROL W, LYNCH LYNN I, IBA~ JEFFREY i. RABIN JANET E. COLESON GREGORY M. KUNE~T TERENCE R. BO~A THOMAS M, JIMBO DANIEL L PINES MICHELE DEAL BAGNERIS LISA BOND AMANDA F. SUSSKIND DIANE ARKOW GROSS ROBERT C. CECCON ROY A. CLARKE SAYRE WEAVER ROXANNE M. DIAZ STEVEN H. KAUFMANN ROBERT A. BALBUENA GARY E. GiNS ERIK~ M. FLEMING JOHN J. HARRIS OLIVIA WAI-WEN SUAN KEVIN G. ENNIS AMY W. CHING ROBIN D. HARRIS PATRICIA K. OUVER MICHAEL EST~ADA SAND~A L MCDONOUGH RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1469 (213) 626-8484 FACSIMILE (213) 626-0078 September 18, 1998 RECEI%'E9 SEP 3 8 1998 RICHARD RICHARDS (1916-1988) SAN FRANCISCO OFFICE SUITE 960 FOI::~FY-FOUR MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA 94104-4,611 (415) 421-8484 FACSIMILE (415) 421-8486 OI=-ANGE COUN'rY OFFICE NUMBER ONE CIVIC CENTER CIRCLE BREA, CALIFORNIA 92821 (714) 990-0901 FACSIMILE (714) 9g0-6230 OF COUNSEL VVILLIAM i< KF~AMER 1102009 OUR FILE NUMBER 99903-01003 TO: RE: ALL CALIFORNIA CITY ATTORNEYS AMICUS BRIEF IN HOWARD JARVIS TAXPAYERS ASSOCIATION ET AL. V. CITY OF SAN DIEGO, CASE NO. D0313448 ISSUE: REVI'EW OF SUPERIOR COURT DECISION TO DETERMINE WHETHER ASSESSMENTS LEVIED UNDER THE PARKING AND BUSINESS IMPROVEMENT LAW OF 1989 ARE VALID UNDER PROPOSITION 218 We request your City's amicus assistance regarding the Court of Appeal's review of the above-referenced Superior Court opinion, which upheld the City's authority to establish and levy assessments against businesses in a parking and business improvement area formed pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 of Division 18 of the California Streets and Highways Code). BRIEF DESCRIPTION OF CASE Over the years, the City of San Diego has formed over a dozen assessment districts pursuant to the Parking and Business Improvement Area Law of 1989, providing a mechanism for businesses within specified commercial areas to assess themselves to improve business conditions within such areas. In July 1997, the Howard Jarvis Taxpayers Association, along with a handful of business owners, brought a lawsuit challenging the validity of one of these districts, a district formed in 1997 in the Pacific Beach area of the city. After a superior court granted a motion for summary judgment in favor of the City, the plaintiffs appealed to the Fourth Appellate District of the Court of Appeal. RICHARDS, WATSON & GERSHON Ail California City Attorneys September 18, 1998 Page 2 ISSUES ON WHICH AMICUS ASSISTANCE WOULD BE HELPFUl, Issues that have been raised for review are as follows: 1. Whether a benefit assessment levied pursuant to the Parking and Business Improvement Law of 1989 is subject to the procedural and substantive requirements of Proposition 218. 2. Whether cities are precluded from levying any fees or assessments on businesses, regardless of whether they are levied in compliance with the procedural and substantive requirements of the Proposition 218. WHY THIS CASE MERITS CITY ATTENTION Obviously, the court's resolution of the first question above will have an effect on all cities with existing business improvement areas formed under the Parking and Business Improvement Area Law of 1989, as well as all cities considering the formation of such business improvement areas in the future. According to the appellant's opening brief, there are hundreds of assessment districts formed under the Parking and Business Improvement Area Law of 1989. The second question, however, has an even greater potential significance to cities throughout the state. Proposition 218 contains a provision (Cal.Const.Art. XIIID, § 3) which prohibits cities from levying a tax, assessment, fee or charge on any parcel of property or upon any person as an incident of property ownership without complying with the requirements of the Proposition. In its opening argument, the Appellants in the San Dieqo case argue that the Proposition not only prohibits property-based assessments that do not comply with the requirements of the Proposition, but also prohibits all non- property-based assessments, regardless of whether they are levied in compliance with the requirements of Proposition 218. Such an argument, if accepted by the court, would have the effect of nullifying all assessments 'levied under the Parking and Business Improvement Area Law of 1989. In addition, the same logic could be applied to prohibit cities from levying other fees or charges against businesses, regardless of whether they are levied in compliance with the requirements of Proposition 218. Because the Appellants are currently involved in litigation challenging various regulatory fees levied against businesses (e.g. rent control fees), it is quite likely that any reported decision in this case would be used in such challenges as well. RICHARDS, WATSON & GERSHON Ail California City Attorneys September 18, 1998 Page 3 THE CITIES' COMMON INTEREST IN APPELLATE REVIEW The San Dieqo decision will affect all cities uniformly. Ail cities have a common interest in having the Court of Appeal reject the attempt by the Howard Jarvis Taxpayers Association to expand the scope of Proposition 218. WHAT AMICUS SUPPORT CAN ADD An amicus brief from the cities will emphasize to the court the widespread effect this decision has upon California cities' ability to promote community development, to exercise its police powers and perhaps even to regulate businesses within their jurisdictions. ¢ ANTICIPATED FILING SCHEDULR The appellants filed their opening brief on September 1, 1998. The opposition brief, which is being prepared by James M. Chapin of the San Diego City Attorney's office, is due on October 1, 1998. The amicus brief is due on the same date. We therefore request that cities wishing to join in the amicus brief notify us no later than September 30, 1998. City Attorneys, please specify if you would like your name on the brief and if so, please list your State Bar numbers. CONCLUSION We think this is a matter of widespread interest to all cities, and that amicus assistance from cities will be of great help in obtaining a positive decision in this case. Please join with the League of California Cities, a number of California cities and us in supporting the City of San Diego. If you need any further information, please do not hesitate to contact us. We look forward to receiving your support. Very/truly yours, ~ T. Peter Pierce ABD:sas Enclosure 1102009 AUTHORIZATION OF REPRESENTATION I hereby authorize T. Peter Pierce of Richards, Watson & Gershon to represent the City of as an amicus curiae in Howard Jarvis Taxpayers Association et al. v. City of San Dieqo, Court of Appeal, Fourth Appellate District, Division One, No. D0313448. I understand that there is no financial contribution requirement for our participation. (Signature) Name (Print or Type) Title State Bar Number (Please give us your State Bar number if you are supporting our brief as City Attorney) Address City/State/Zip (Phone) Please mail me a copy of the completed brief Please return this form by mail or facsimile to: T. Peter Pierce Richards, Watson & Gershon 333 So. Hope St., 38th Floor Los Angeles, California 90071-1469 Telephone No. (213) 626-8484 Facsimile No. (213) 626-0078 AGENDA SUMMARY ITEM NO. 6n DATE: October 7. 1998 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 1998/99 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. The current proposal is a reduction from the previous contract of $10.15 per ton for dry weather disposal. 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. RECOMMENDED ACTION: Award annual contract 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. 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 Attachments: 1. Proposal from RPI. F~OM ~ RP[ RPI/RESIDUALS PROCESSING PFIOHE ND, : 511~M293221 Scp. 3~ 2998 ll:~gAH P1 Union City, CA 94587 (51 O) 42P,-490~ (510) 429.$221 Fax September 29, 1998 Jerry Gall, Senior Plant Operator City of Ukiah, WWTP 300 Plan'~ Road Ukiah, CA 95482 RE: Biosolids Management Program Dear Mr. Gall: As per request, we are submitting this propo~! to remove on a regular basis the daily bioaolid~ production from the City of Ukiah's City Wastewater Treatment Plant (Plant). RPI would provided a twenty-two(22) ton capacity trailer which the City would be responsible for loading to a given mark in the trailer. RPI will remove the trailer from the Plant site within 48 hours of being given verbal notice to do so. The Bio,lids removal from the Plant will either be delivered to RlaI's agricultural l~,ndspreading site in Sonoma County (May ] to November 1) or to Redwood Landfill in Matin County. If weathe~ permits, the deJivery period to Sonoma County may be extended accordingly, Our proposed costs tbr prov:ding this servize a~ as follows: To Sonoma Co. Reuse Site ...................................... $40.52 pec ton To Redwood Landfill .............................................. $49.52 per ton Trailer Rental .................................................... $250 per month If'you wish to proceed with this service, please sign one cop>, of this letter and return it to us; and we will provide you vAth the appropriate insm'ance documentation Thank you for the opportunity to be of service to the City of Ukiah, and please call if you have any questions. Very Truly Yours, Robert V. Bemicchi, P.E. General Manager Approved by Tkle Date ITEM NO. 6 o DATE: OCTOBER 7, 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR REPLACEMENT OF FAILED ENGINEERING DEPARTMENT COMPUTER On October 2, 1998 the hard drive of one of the Engineering Department's computers crashed, severely impacting the Department's ability to complete its tasks and provide services as required. The unit is one of the oldest in the City's inventory and is very outdated compared to today's technology; repair is not practical or economically sound. The computer is utilized for project estimating and scheduling, in addition to normal word processing and standard calculations. This machine was not scheduled for replacement in the adopted budget and thus a budget amendment is necessary to allow for its immediate replacement. Since the Engineering staff has provided substantial inspection services to the landfill and this computer is used preparation of landfill project specifications and related documentation, funds from the landfill fund (account 660.7301.250.000) are proposed to be used for purchase. Staff recommends approval of a budget amendment of $2,200 to immendiately replace the failed Engineering Department computer. RECOMMENDED ACTION: Approve Amendment to the 1998/99 Budget increasing account 100.3001.800.000 by $2,200 and decreasing account 660.7301.250.000 by $2,200. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications to budget amendment are necessary, identify changes, and approve revised amendment. 2. Determine budget amendment is not necessary and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA Michael F. Harris, Risk Manager/Budget Officer ~ Rick Kennedy, Director of Public Works and City Engineer and Candace Horsley, City Manager 1. Budget Amendment worksheet, page 1. APPROVED: ~~ .~C~andace H~rsley, City Manager mfh:asrcc98 1007BA · - I:Z ~ ~ ._ 0~0 8'88 °oo,8888888o. . . . o ooo~ooooooooo ~ ~0 ~ 0 ~ 0 0 ~ ~ ~ ~ 0 0 0000 0000 , 0:~:0 000'0 0~~ 0~ ITEM NO. 8a DATE: October 7th, 1998 AGENDA SUMMARY REPORT SUBJECT: CITIZEN'S OPTION FOR PUBLIC SAFETY GRANT (COPS), CALIFORNIA SUPPLEMENTAL LAW ENFORCEMENT OVERSIGHT COMMITTEE ANNUAL REPORT FY97-98, AND PUBLIC HEARING FOR APPROVAL OF FUNDING FY98-99. SUMMARY: The Supplemental Law Enforcement Oversight Committee (SLEOC) was established in Mendocino County as a result of the passage of Assembly Bill 3229 during the 1996 legislative Session. This program provides additional funding for local law enforcement. The bill distributed 100 million dollars to counties, cities, towns and special districts in California for the 1997-98 fiscal year and was recently extended to the turn of the century. The actual program established by the bill is called Citizens Option for Public Safety (COPS). The law requires the SLEOC to review annually the expenditures of all entities receiving COPS funding to determine if funds were spent according to the law. This annual report contains the findings of the SLEOC for FY 97-98 and is attached to this summary report.' Additionally, the law requires public notice and a public hearing for planned expenses of this grant for the coming year. This Public Hearing provides the citizens of Ukiah with an opportunity to comment to the City Council on planned spending for the coming year. This fiscal year, $33,832.27 was awarded to the City of Ukiah. The Ukiah Police Department plans to use this funding to continue technology upgrades in the areas of communications and direct officer support, and to improvements to our current evidence processing and storage areas. RECOMMENDED ACTION: Review FY 97-98 SLEOC Report, hold Public Heating for planned expenditures and approve technology and facility upgrade spending plan. ALTERNATIVE COUNCIL POLICY OPTION: 1. Reject current proposal. 2. Provide altemate direction to Police Chief. Acct. No.: 205.2001.800.000 Citizen Advised: N/A Requested by: Public Safety Departments - Police, and Dispatch Prepared by: Chris Dewey - Police Sergeant Coordinated with: Candace Horsley, City Manager, Gordon Elton, Director of Finance, John Williams, Police Chief Attachments: APPROVED: 1. Annual Report FY 97-98 SLEOC 2. Public Notice 3. Annual Budget Sheet C-anda--ce H°rSl~y, ~i~y-I~anager ANNUAL REPORT FISCAL YEAR 1997-98 MENDOCINO COUNTY SUPPLEMENTAL LAW ENFORCEMENT OVERSIGHT COMMITTEE AUGUST, 1998 BACKGROUND The Supplemental Law Enforcement Oversight Committee (SLEOC) was established in Mendocino County as a result of the passage of Assembly Bill 3229 during the 1996 Legislative Session. This program provides additional funding for local law enforcement. The bill distributed $100 million dollars to counties, cities, towns and special districts in California for the 1997-98 fiscal year and was recently extended to the turn of the centre3r. The actual program established by the bill is called Citizens Option for Public Safety (COPS). The SLEOC has five members which consist of the following: One Muncipal Police Chief (Chief Richard Wiseman - Fort Bragg) The County Sheriff (Sheriff James Tuso) The District Attorney (District Attorney Susan Massini) The County Executive Officer (CAO Michael Scannell) One City Manager (City Manager Gordon Logan - Willits) The law requires the SLEOC to review annually the expenditures of all entities receiving COPS funding to determine if funds were spent according to the law. This annual report contains the findings of the SLEOC for the 1997-98 fiscal year. ANNUAL REPORT On August 24, 1998 the SLEOC met to review the expenditures of all entities in Mendocino, receiving COPS funding for Fiscal Year 1997-98. The following entities received funds from the COPS Program in Mendocino County: Mendocino County Sheriff and Jail Mendocino County District Attorney City of Fort Bragg City of Point Arena City of Ukiah City of Willits $ 173,506 $ 32,921 $ 14,490 $ 989 $ 34,270 $ 11,845 The SLEOC reviewed the reports submitted from each entity and found that all entities spent their allocations in accordance with the law. Funds were expended by each entity as follows: Mendocino County Sheriff- Funded two Community Services Officers and one Lieutenant for the North County. Purchased pagers, portable radios, camcorders and other equipment. Mendocino County Jail - Purchase of equipment, remodel portions of the jail and the start up costs for the VINE (Victim Notification Service). Mendocino County District Attomey- Pay for a Prosecutor and a part time Victim Witness Advocate for the Domestic Violence Program. City of Fort Bragg - Purchased AS-400 Model 170 computer. City of Point Arena- Purchased various supplies and equipment for the Sheriff's Office City of Ukiah - Provided funding for the Dispatch Center Technology Improvement Project. City of Willits - Purchased equipment and minor remodeling for the Police Department. The SLEOC Committee would like to thank all the public entities that received COPS funding for their cooperation in the reporting requirements and spending their allocations according to the law. The Committee also wishes to thank the citizens of our County and Cities for providing this added support to local law enforcement. We appreciate your support for our efforts to continue to make Mendocino County a safe and enjoyable place to live and work. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Cily Council of the City of Ukiah, California, will hold a Public Hearing to receive Input for the program, Citizens Option for Public Safety (COPS), proposed by the Police Chief and funded through the provisions of AB3229, to supplement existing front line law enforcement services. Said hearing is to be held on October 7, 1998 at 7:00 p.m., or as soon there- after as the same may require, in the Council Chambers, 300 Seminary Ave., Ukiah, CA, at which lime and place all persons interested may appear and be heard. Information concerning this item may be obtained during the normal business hours at the office of the City Clerk (463-6217) or by contacling Sergeant Chris Dewey (463- 6262) at the Civic Center, 300 Seminary Avenue, Uklah, CA. s/ Marie Ulvila, City Clerk. Publish: September 27, 1998 AGENDA ITEM NO. 8b DATE: October 7. 1998 SUMMARY REPORT SUBJECT: PUBLIC HEARING TO CONSIDER CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTION OF APPROPRIATE FINDINGS, AND APPROVAL OF THE PROJECT FOR THE CITY'S PROPOSED MODIFICATION TO ITS SOLID WASTE FACILITIES PERMIT FOR THE UKIAH MUNICIPAL SOLID WASTE LANDFILL LOCATED AT THE TERMINUS OF VICHY SPRINGS ROAD i. ADOPTION OF RESOLUTION CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT ii. ADOPTION OF RESOLUTION MAKING CEQA FINDINGS The City of Ukiah proposes to modify its 1996 Solid Waste Facilities Permit (Permit) for its Municipal Solid Waste Landfill to allow the acceptance of a daily peak or maximum of 295 tons CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. Certify the SEIR prepared by ESA and dated June 1998 as complete and in conformance with the requirements set forth in CEQA and adopt the resolution making such certification. 2. Adopt the resolution making findings pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 in connection with the decision to submit an application to the Local Enforcement Agency (LEA) and the California Integrated Waste Management Board to amend the Solid Waste Facilities Permit for the City of Ukiah Solid Waste Disposal Site. 3. Approve the revised "Mitigation Monitoring and Reporting Plan for the City of Ukiah Landfill Permit Revision." 4. Approve the Project and direct Staff to implement the Project by submitting an Application to the LEA for Modification to the Landfill's Solid Waste Facility Permit. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications are necessary and adopt revised resolutions. 2. Determine that the modifications to the' Permit are not in the best interest of the City and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. . . , Public Hearing Noticed and Response to Comments Addendum submitted to commentators to the SDEIR. Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager Resolution certifying the City of Ukiah Landfill Permit Revision Supplemental Environmental Impact Report, June 1998, as adequate and complete. Resolution making Findings pursuant to Public Resources Code and California Environmental Quality Act in connection to the Decision to submit an Application to amend the Solid Waste Facilities Permit. Revised Mitigation Monitoring and Reporting Plan for the City of Ukiah Landfill Permit Revision. Notice of DSEIR Availability. Letter of requests for early morning access from Fort Bragg Disposal, Solid Waste of Willits, and County of Mendocino. APPROVED. ~F~'~ ~'~~~ Candace Horsley, City M nage Public Hearing to Consider Certification of the Supplemental Environmental Impact Report, Adoption of Appropriate Findings, and Approval of the Project for the City's Proposed Modification to its Solid Waste Facilities Permit for the Ukiah Municipal Solid Waste Landfill located at the Terminus of Vichy Springs Road October 7, 1998 Page 2 of refuse per day instead of the current permitted daily maximum of 190 tons of refuse per day. The current permitted daily average of 190 tons per day would remain the same. The proposed permit modifications would also amend a condition of the Landfill operations allowing commercial garbage trucks from the new service area (Willits and Fort Bragg) access to the Landfill between the morning hours of 7:00 a.m. to 8:00 a.m. as is currently available to the commercial garbage vehicles servicing the old service area (City of Ukiah, Ukiah Valley, Redwood Valley, Potter Valley, and Boonville). The proposed permit modifications noted above, along with the permit modifications described in the Draft Environmental Impact Report (EIR) prepared by the company of Eric Jay Toll, dated July 15, 1994, and as described in the Addendum to the EIR prepared by Environmental Science Associates (ESA) and dated January 22, 1997, are defined as the Project. The California Environmental Quality Act (CEQA) requires governmental entities who are considering a Project to make informed project decisions which consider the potential environmental consequences that may result by reason of Project implementation. Consequently, the Ukiah City Council on May 6, 1998, authorized the preparation of a Draft Supplemental Environmental Impact Report (DSEIR) for the purpose of identifying and analyzing any environmental consequences that may result by reason of the implementation of the proposed permit modifications not previously addressed in the certified Final Environmental Impact Report (FEIR) and adopted amendment to the EIR. The DSEIR was prepared by the Consulting Firm of ESA and was circulated for a 45 day public review and comment period beginning on June 29, 1998, and ending on August 12, 1998. The 45 day review period began with the date that the Notice of Availability was posted at the Mendo¢ino County Clerk's Office. A Response to Comments Addendum was prepared with the assistance of ESA and this document provides responses to all comments received during the public review and comment period. Previous environmental documentation prepared for the Project in accordance with CEQA includes the following: City of Ukiah Landfill Permit Revision Draft Environmental Impact Report (including appendices), prepared by The Company of Eric Jay Toll, ACIP, Inc., for the City of Ukiah Department of Public Works, dated July 15, 1994. City of Ukiah Landfill Permit Revision Supplemental Draft Environmental Impact Report, prepared by The Company of Eric Jay Toll, ACIP, Inc., for the City of Ukiah Department of Public Works, dated May 1, 1995. City of Ukiah Landfill Revision Environmental Impact Report Response to Comments Addendum, prepared by Environmental Science Associates, for the City of Ukiah Department of Public Works, dated January 18, 1996. City of Ukiah Permit Revision Environmental Impact Report Addendum (Final), prepared by Environmental Science Associates for the City of Ukiah Department of Public Works, dated January 22, 1997. The original Environmental Impact Report was prepared to address the potential adverse Public Hearing to Consider Certification of the Supplemental Environmental Impact Report, Adoption of Appropriate Findings, and Approval of the Project for the City's Proposed Modification to its Solid Waste Facilities Permit for the Ukiah Municipal Solid Waste Landfill located at the Terminus of Vichy Springs Road October 7, 1998 Page 3 environmental effects associated with increasing the Landfill's permitted daily average from 50 tons per day to 190 tons per day and the permitted peak or daily maximum amount of refuse to 295 tons per day. Subsequent to Certification of the EIR by the City Council on February 7, 1996, but prior to the public hearing conducted by the California Integrated Waste Management Board (CIWMB) Permit Committee for the purpose of making a recommendation concerning the City's application for a revised Solid Waste Facilities Permit (SWFP), CIWMB staff notified City Staff that the Draft EIR did not assess the noise effects associated with the proposed daily maximum capacity of 295 tons per day. In response, the City revised its permit application to request both a daily average and daily peak capacity of 190 tons per day. On July 30, 1996, the CIWMB concurred with the issuance of the proposed revised SWFP and the Local Enforcement Agency (LEA) issued the revised SWFP on August 8, 1996. On September 2, 1997, the Cities of Willits and Fort Bragg, and adjacent unincorporated County areas began directing their waste stream to Ukiah's Landfill. The resulting increase in disposed waste has caused the City to occasionally exceed its permitted maximum daily tonnage. The City has elected to augment the noise analysis performed for the original EIR to include an updated assessment of noise impacts resulting from the daily maximum disposal of 295 tons per day. If the City Council certifies the SDEIR and approves the project, City Staff will then request a permit revision from the LEA to bring the maximum permitted capacity at the Landfill to the level initially proposed in the EIR. At the time the Draft EIR was prepared, the Landfill was accepting a daily average of 98 tons as allowed pursuant to the provisions of a Stipulated Agreement with the LEA. The then current daily average input was used as the baseline to describe the existing environmental setting in the Draft EIR and against which the comparison of potential project impacts were made. Many commentators to the Draft EIR opined that the City should have used the 1979 permitted daily capacity of 50 tons per day as the baseline to which comparisons were to be made, arguing that the Stipulated Agreement between the LEA and the City which established the average daily capacity of 98 tons per day was not a proper permit and could not legally supplant or alter the 1979 Solid Waste Facilities Permit baseline of 50 tons per day. As determined by the Mendocino County Superior Court in Case No. 74102 (Ashoff vs. City of Ukiah), the use of the baseline of 98 tons per day in the Final EIR and Addendum to the EIR was proper. Although not legally required, the City also used the hypothetical conditions estimated to result from a disposal rate of 50 tons per day (TPD) to provide an additional description of the noise impacts from increasing the peak or maximum capacity from 190 tons per day to 295 tons per day in the analyses and evaluations presented in the Supplemental EIR, dated June 1998. As stated in the Supplemental Draft EIR dated May 1, 1995, the City would study access designs to the Landfill that would bypass or avoid the Vichy Springs Resort. The City was to complete its analysis by January, 1996, and determine whether a new entrance road could be constructed prior to the Landfill's closure. City Staff elected to include in the DSEIR an evaluation of an alternative entrance road to the Landfill with the intention of reducing noise effects at the Vichy Springs Resort and at residences in the vicinity of the Landfill. Staff also elected to revisit the previous analysis associated with changing the mix of waste haul trucks as previously addressed in the Addendum to the EIR. Summarizing, the SEIR presently submitted for the Council's consideration and certification includes the following analysis and evaluation: Public Hearing to Consider Certification of the Supplemental Environmental Impact Report, Adoption of Appropriate Findings, and Approval of the Project for the City's Proposed Modification to its Solid Waste Facilities Permit for the Ukiah Municipal Solid Waste Landfill located at the Terminus of Vichy Springs Road October 7, 1998 Page 4 Evaluation of the potential noise levels associated with a peak daily waste disposal rate of 295 tons, a comparison of those levels with baseline noise associated with both 50 TPD and 98 TPD, and an assessment of any potential impacts associated with the incremental increase; Measurement and analysis of a potential noise effects related to the change in distribution of waste haul truck types that was identified in the previous Addendum to the EIR; Analysis of the incremental increase in noise levels (and potential impacts) associated with operation of landfill equipment if the permitted peak disposal capacity is increased to 295 TPD; Comparison of the truck noise associated with landfill operational hours beginning at 7:00 a.m. for all truck deliveries, instead of the existing 8:00 a.m. starting time for trucks from the new service area; and Evaluation of potential noise levels and other environmental impacts associated with creation of a new landfill entrance along the southwesterly property line of the adjacent Ukiah Rifle and Pistol Club property. The SEIR concludes that there are no significant environmental effects anticipated as a result of the proposed permit modifications. In particular, project related increases in truck traffic and associated noise levels along Vichy Springs Road are less than significant and increased noises in the vicinity of the working caused by the increase in the operation of heavy equipment by reason of the project would be less than significant. The SEIR concludes that the new entrance alternative could reduce noise impacts at the adjacent Vichy Springs Resort that would be associated with the Project, however, the noise analysis demonstrates that noise impacts by reason of the Project would be less than significant. It is also concluded in the DSEIR that the new entrance alternative could cause noise impacts that would be greater for the residents of the Vichy Springs Subdivision and could be potentially significant. The new entrance alternative would also impact biological resources, slope, stability, and downstream water quality. Staff estimates that a 22 foot wide paved road with three foot gravel shoulders with a structural section that could adequately support commercial garbage trucks would cost $465,000. Considering the remaining life of the Landfill of one year and seven months (projected closure of May 1, 2000), the alternative entrance road is cost prohibitive. It is recommended that the City reject this alternative access road from further consideration. The purpose of this public hearing is to receive public testimony as to why the Project should or should not be approved and implemented and whether or not the Project SEIR complies with the requirements set forth in CEQA. Staff believes that the Project SDEIR complies with the requirements of CEQA and that it adequately evaluates the potential environmental impacts associated with the proposed Project. After taking public testimony, concluding Council's review of the SEIR, and completing its deliberation of the issues, Staff requests that the City Council take those actions listed in the recommended action section of the report. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CERTIFYING FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR A REVISION TO THE SOLID WASTE FACILITIES PERMIT FOR THE UKIAH LANDFILL AS ADEQUATE AND COMPLETE WHEREAS, 1. In conformance with the California Environmental Quality Act (CEQA) and implementing Guidelines (CEQA Guidelines), the City has circulated a Draft Supplemental Environmental Impact Report (DSEIR) for proposed revisions to the Solid Waste Facilities Permit issued on August 8, 1996, for the City of Ukiah Solid Waste Disposal Site. The SDEIR was prepared by Environmental Science Associates (ESA) and it is dated June 1998; and 2. The DSEIR was circulated to all interested public entities and private persons and made available for public review and comment as required by CEQA and the CEQA Guidelines; and 3. The DSEIR has become the Final Subsequent Impact Report (FSEIR) which includes the Response to Comments Addendum prepared by ESA and dated September 16, 1998; and 4. The FSEIR has incorporated by reference previously prepared environmental documentation in support of the project which are the "City of Ukiah Landfill Permit Revision Draft Environmental Impact Report" prepared by The Company of Eric J. Toll, AICP, Inc., dated July 15, 1994, "City of Ukiah Landfill Permit Revision Supplemental Draft Environmental Impact Report" prepared by the Company of Eric Jay Toll, AICP, Inc., dated May 1, 1995, "City of Ukiah Landfill Permit Revision Environmental Impact Response to Comments Addendum", prepared by Environmental Science Associates dated January 18, 1996, and "City of Ukiah Landfill Permit Revision Environmental Impact Report Addendum (Final)", prepared Resolution No, Page 1 of 2 by Environmental Science Associates, dated January 22, 1997; and 5. After the public comment period and in connection with the noticed public hearing on the Project and the SEIR, the City received additional comments after the public comment period had expired; and 6. The City Council has chosen to consider those comments and the responses thereto; and 7. Under applicable provisions of CEQA and the CEQA Guidelines, no changes to the project or additional information requires recirculation of the SEIR or FSEIR; and 8. The City Council finds that the SEIR for the proposed revisions to the Solid Waste Facilities Permit issued August 8, 1996, for the Ukiah Landfill adequately discusses the potential environmental impacts by reason of Project Implementation and it fully complies with the requirements of CEQA and the CEQA Guidelines; and 9. The City Council has fully and independently reviewed, considered, and analyzed the contents of the SEIR prior to approving the project. NOW, THEREFORE, BE IT RESOLVED that the SEIR is hereby certified as adequate and complete, and adopted as the Final SEIR for the proposed revisions to the Solid Waste Facilities Permit for the Ukiah Landfill. vote: AYES: NOES: ABSENT: ABSTAIN: PASSED AND ADOPTED this day of October, 1998, by the following roll call ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk Resolution No. Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH THE DECISION TO SUBMIT AN APPLICATION TO THE LOCAL ENFORCEMENT AGENCY AND THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO AMEND THE SOLID WASTE FACILITIES PERMIT FOR THE CITY OF UKIAH SOLID WASTE DISPOSAL SITE AT THE END OF VICHY SPRINGS ROAD IN MENDOCINO COUNTY. WHEREAS: 1. The City Council has certified as adequate and comPlete a Supplemental Environmental Impact Report ("SEIR") for proposed amendments to the Solid Waste Facilities Permit for the City of Ukiah solid waste disposal site. The SEIR consists of a Draft Supplemental Environmental Impact Report, dated June 1998 ("SDEIR"), and a Final Supplemental Environmental Impact Report, including a response to comments, dated September 16, 1998 ("FSEIR"); and 2. The proposed waste facilities permit amendments would increase the permitted maximum daily limit on refuse deposited in the landfill from 190 tons to 295 tons on any particular day. In addition, the amendments would change the hours when commercial garbage trucks from the new service area (Willits and Fort Bragg areas)are permitted to enter the landfill from 8 a.m. to 4:00 p.m. to 7 a.m. to 4:00 p.m., allowing commerciaI garbage haulers from those areas to enter the landfill one hour earlier on Tuesdays S: \U\Resos 98 \LNDFLL. seir. wpd October 2, 1998 I through Fridays. Commercial garbage haulers from the old service area (Ukiah and Anderson Valleys) are currently permitted to enter landfill beginning at 7:00 a.m. on Tuesdays through Fridays, and this would not change under the proposed permit (collectively, these amendments will be identified herein as "the Project" or "the Proposed Changes"); and 3. The SEIR also evaluates the potential environmental effects and the feasibility of constructing a new landfill entrance along the southwesterly property line of the adjacent Ukiah Rifle and Pistol Club property ("the New Landfill Entrance alternative"); and 4. The New Landfill Entrance alternative was a proposal which the City agreed to consider as a potential mitigation, when it evaluated the environmental impacts of the last amendments to its Solid Waste Facilities permit approved by the California Integrated Waste Management Board ("CIWMB") on July 30 ,1996 ("Previous Amendments"); and 5. In evaluating the environmental effects of the Previous Amendments the City prepared and circulated in compliance with the California Environmental Quality Act ("CEQA") and its implementing regulations environmental documents ("Previous Environmental Documents") which are described and discussed in the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH S:\U\Resos98\LNDFLL.seir.wpd October 2, 1998 THE DECISION TO SUBMIT AN APPLICATION TO THE LOCAL ENFORCEMENT AGENCY AND THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO AMEND THE SOLID WASTE FACILITIES PERMIT FOR THE CITY OF UKIAH SOLID WASTE DISPOSAL SITE AT THE END OF VICHY SPRINGS ROAD IN MENDOCINO COUNTY adopted on February 7, 1996 ("Previous Findings"); and 6. The Previous Environmental Documents evaluated all environmental effects of increasing the peak daily disposal rate at the landfill from 190 to 295 tons, except for associated noise impacts, which are specifically evaluated in the SEIR; and 7. The SEIR has determined that the Proposed Changes will not have a significant adverse impact on the environment; and 8. The SEIR has determined that while the New Landfill Access Road alternative could reduce noise impacts at the adjacent Vichy Springs Resort, the noise impacts associated with the Proposed Changes are insignificant. Moreover, the New Landfill Access Road alternative would produce potentially significant noise impacts on the residents of the Vichy Springs Subdivision and would have other potentially significant adverse impacts particularly on biological resources, slope stability and downstream water quality. Finally, the SEIR determined that the cost of constructing the New Landfill Access Road is excessive in relation to the time it could be used and its environmental benefits, making the alternative infeasible; and 9. The City Council has determined to approve the Project; and S:\U\Resos98\LNDFLL.seir.wpd October 2, 1998 10. The City Council has based its decision on the record which includes those items identified in Public Resources Code Section 21167.6(e), including, but not limited to, the SEIR, the Previous Environmental Documents, the documents described in paragraph 7 of the Previous Findings, and the entire landfill files; and 11. The record of proceedings upon which this decision is based, including the Landfill file, is maintained in the office of the Public Works Director/City Engineer, Civic Center, 300 Seminary Avenue, Ukiah, CA. 95482, as the custodian of the record, and is available for public inspection upon request of the Public Works Director/City Engineer or his designee; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows. 1. The EIR was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. Both the SEIR and the Project were considered by the City Council at a public meeting on October 7, 1998. 3. The City Council has considered all documents submitted during the public comment period for the SEIR and all testimony presented during its meeting as well as the SEIR, Agenda Summary prepared for the October 7, 1998, City Council meeting, and the Landfill File. The Agenda Summary is incorporated herein by reference. The City Council has independently reviewed and analyzed this resolution and the SEIR. S:\U\Resos98\LNDFLL.seir.wpd October 2, 1998 4. The Project is described in the DSEIR at pp. I-7 to I-8. This description is incorporated herein by reference. 5. The SEIR evaluated the impacts of the Project itself as well as its impacts in combination with impacts from past, present and probable future projects. The SEIR determined that the noise impacts from the project are less than significant. Those findings are incorporated herein by reference. No measures are proposed or required to mitigate these less than significant effects. 6. The Previous Environmental Documents and the Previous Findings determined that impacts other than noise impacts from the Project are insignificant as mitigated. The discussion of those impacts, the mitigations and the mitigation monitoring program in the Previous Environmental Documents and the Previous Findings are incorporated herein by reference. 7. For the reasons stated in paragraph 8 of the Recitals to this Resolution, the New Landfill Entrance alternative is rejected as infeasible and not a preferred alternative. (See SDEIR at pp. III-1 to III-11, which is incorporated herein.) The discussion of other alternatives in the Previous Findings are incorporated herein. 8. The Proposed Changes have no effect on the City Council's previous finding of overriding consideration and no findings of overriding consideration are required for the Proposed Changes, because they will have less than significant effects, including less than significant effects on historic resources. 9. Based on these Findings, the City Council hereby S:\U\Resos98\LNDFLL.seir.wpd October 2, 1998 authorizes the Public Works Director to submit an application to the LEA and CIWMB and take all necessary steps to implement the Project. PASSED AND ADOPTED this 7th day of October 1998 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk S:\U\Resos98\LNDFLL.seir.wpd October 2, 1998 0 0 © RECEIVED NOTICE OF AVAILABILITY OF A DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPOR~UN 2 6 7998 *) FOR THE UKIAH SOLID WASTE FACILITY " MARSHA A. YOUNG, COUNTY CLERK Notice is hereby given that a Draft Supplemental Environmental ImPact Report (DSEIR) · has been prepared for a proposed landfill permit revision for the Ukiah Landfill. The DSEIR will be available for public review and comment for 45 days, and this comment period will close at 5:00 p.m. on Tuesday, August 11, 1998. The Lead Agency is the City of Ukiah Public Works Department. Copies of the DSEIR are available for review at the public counter within the Administration Office of City Hall, located at 300 Seminary Avenue, Ukiah, and the Public Library, located at 105 North Main Street, Ukiah. Background documents such as the prior EIR's for this project are available for review at the public counter within the Administration Office of City Hall. These documents, as well as the DSEIR, may be reviewed during business hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the City. During the review period, comments on the accuracy and completeness of the DSEIR may be submitted by State and local agencies, public interest groups and concerned individuals. Written comments should be submitted to Mr. Rick Kennedy, Director of Public Works/City Engineer, City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482, prior to the end of the comment period. All environmentally relevant written comments on the DSEIR received during the public comment period will be addressed in the Final EIR. A public hearing to discuss and receive public testimony concerning the environmental issues pertaining to the project described in the DSEIR and the presentation of the Final EIR to the City Council for their consideration and certification, and their decisions to proceed with the proposed permit modification, will be conducted on September 2, 1998. The DSEIR has been prepared by the City of Ukiah to correct a minor deficiency in the previous environmental documentation prepared for the proposed project. The project consists of a modification to the operating permit for the Ukiah Landfill, located in the Mayacmas Mountains, about three miles east of downtown Ukiah. The City is seeking to amend its Solid Waste Facilities Permit to accept an average of 190 tons per day (TPD) and a maximum of 295 TPD. The City also proposes to amend a condition of its operations so that trucks from new service areas can arrive at the landfill at the same time as vehicles from the old service areas (generally 7:00 a.m., rather than 8:00 a.m.; and also allowing for 6:00 a.m. on days after holidays). The DSEIR concludes that there are no significant environmental effects anticipated as a result of the proposed modification. As stated in the document entitled "City of Ukiah Landfill Permit Revision Supplemental Draft Environmental Impact Report" prepared May 1, 1995, by the Company of Eric Jay Toll AICP, Inc., the City would study access design's to the Landfill that would bypass or av;3id the Resort area. The City was to complete its analysis by January, 1996, and determine whether a new entrance road could be constructed prior to the Landfill's closure. The DSEIR, therefore, includes a review of a new entrance alternative to the Landfill. The new entrance alter,~ative was developed with the intent of reducing noise levels at the Vichy Springs Resort and at residences in the vicinity of the Landfill. The new entrance alternative could reduce noise impacts at the adjacent Vichy Springs Resort that would be associated with the proposed permit modification, however, the noise analysis for the proposed per,nit modifications demonstrates that noise impacts would be less than significant. The DSEIR concludes that the new entrance alternative could cause noise impacts that would be greater for the residents of the Vichy Springs Subdivision and could be potentially significant. The new entrance alternative would also impact biological resources, slope stability and downstream water quality. Previous environmental documentation prepared on the project in accordance with the California Environmental Quality Act (CEQA) includes the following' City of Ukiah Landfill Permit Revision Draft Environmental Impact Report (including appendices), prepared by.. the Company of Eric Jay Toll AICP, Inc., for the City of Ukiah Department of Public Work, July 15, 1994. City of Ukiah Landfill Permit Revision Supplemental Draft Environmental Impact Report, prepared by the Company of Eric Jay Toll AICP, Inc., for the City of Ukiah Department of Public Works, May 1, 1995. City of Ukiah Landfill Permit Revision Environmental Impact Report Response to Comments Addendum, prepared by Environmental Science Associates for the City of Ukiah Department of Public Works, January 18, 1996. City of Ukiah Landfill Permit Revisions Environmental Impact Report Addendum (Final), prepared by Environmental Science Associates for the City (~f Ukiah Department of Public Works, January 22, 1997. R:I\LANDFILL DSEIR.PER ,,.--Issued by: Ri'ck Kennedy ~-'- ' ' -- J Director of Public Works/City Engineer NOTICE OF EXTENSION OF 45 DAY REVIEW PERIOD FOR DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (DSEIR) FOR THE CITY OF UKIAH Notice is hereby given that the 45 day time period for the review of and comment to the referenced Draft Supplemental Environmental Impact Report (DSEIR) is extended from Tuesday, August 11, 1998 to Wednesday, August 12, 1998. This time extension establishes a 45 day review period that begins with the date that the Notice of Availability is posted at the Mendocino County Clerk's Office. Rick Kennedy r~ - - ~ Director of Public Works/City Engineer R:I~:NV DSEIR,NOT · -22-1997 12:2.3 t;~gg Disposal ~o× 2720 · ~ Bragg, California 95437 J7/964-9172 May 5, 1997 CITY OF FORT BRAGG Mr. 'Jim Murphy Interim. City. Manager. 416 N. Franklin St. Fort Bragg, CA 95437 ?07 961 2802 P.02/02 A Waste Management Company ,}tAv, 1 2 B~ .. : RE: Ukiah Landfill Hours Dear Mr. Murphy: I have concerns on the permitted time Fort Bragg Disposal is allowed into the Ukiah Landfill. Tuesday - Friday, EWM-Ukiah and the City of Ukiah's hauler are able to dump at 7:00 am. In past conversations with Rick Kennedy, he has stated that Fort Bragg Disposal and Willits Solid Waste were permitted to enter at 8:00 am. As the hauler that has to travel the longest distance and over the worst terrain, Fort Bragg Disposal should be able to enter at 7:00 am with the rest of the haulers which have relatively no distance to travel. The later in the day we have to travel over Highway 20, the heavier the traffic is the longer it will take to make the round trip to the landfill. Your assistance in this matter is greatly appreciated. From our time studies, we know making the trip to Ukiah makes the day approximately 1 1/2 hours longer. We have a twelve hour limit to make the two trips in. Sincerely, a division of Empire Waste Management -2. TOTAL F'. 612 Fort Bragg Disposal RO. Box 2720 Fort Bragg, California 95437 707/964-9172 September 2, 1997 A Waste Management Company Rick Kennedy City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Mr. Kennedy: As you know Fort Bragg Disposal has a great need for the 7:00 dumping at the landfill. The WMS Transporter Pod truck needs the early A.M. dump to insure he will arrive back with empty containers for the commercial route truck. This is not the only issue. The Tractor and Trailer truck hauling debris boxes also would need an early A.M. dump. The biggest issue is safety for the drivers. Driving over Highway 20 twice a day is dangerous job in itself. The later in the day the road is traveled, the more traffic there is on the road. There are a great number of people that live on the coast and travel to Ukiah to work every day. The 7:00 A.M. dump gives them a head start on that traffic. Our company policy states that no driver is to drive over twelve hours in one day, or they risk disciplinary action, and our company takes this very seriously. Tuesday - Friday on normal weeks during the winter, there would only be two trucks needing an 7:00 A.M. dump, and one day during the week possibly three. In the summer months, Tuesday - Friday, there would be two trucks needing the 7:00 A.M. dump, and two to three days during the week possibly three due to the added business. a division of Empire Waste Management WILLITS SOLID WASTES MENDOCINO SOLID WASTES BIO-WASTE COMPOSTING SOLID WASTES RECYCLING CENTER WlLLITS. LAYTONVlLLE COVELO . REDWOOD VALLEY Solid Wastes of Willits, Inc. Post Office Box 1425 · Willits, California 95490 september 15, 1997 Rick Kennedy Director of Public Works City of Ukiah 300 Seminary Ave. Ukiah, CA. 95482 Re: Operation Hours At The Ukiah Landfill Dear Rick, I am in receipt of your letter dated July 29, 1997 and the changes in hours of operation at the Ukiah Landfill. I would like to express to you our appreciation for allowing our company trucks to dump on Mondays. This has allowed us to not have to re-route. Regarding the dumping hours on Monday of 8:00 a.m. to 3:30 p.m.,.we request that the dumping hours on MondaY be changed to 7:00 a.m. to 4:00 p.m. to coincide with the same hours on Tuesday through Friday. I understand from talking with you that this will require a change to the Environmental Impact Report from the Ukiah Landfill expansion. As requested, I have provided the number of trUck dumPs that will need to take place between the hours of 7:00 a.m. to 8:00 a.m. on Monday.~ k¢~,~ rt ¢'~-' ~ ¢, ~. Under normal operations we do not have a route on Saturdays or Sundays, but there could be emergency situations (i.e., broken trucks or late schedules) that would not allow our trucks to get to the Ukiah Landfill before closing time on Fridays. In addition, we may have roll-off loads late Friday or early-M~ mornings that would require dumping. Allowing us to enter the landfill at 7:00 am rather than 8:00 am will be a substantial benefit. Based on the above description, we would anticipate a need to dump an average trucks between the hours of 7:00 a.m. to 8:00 a.m. Monday ~.-~/¢.,,,,~ I-j ~,,.: a,~} ONE-STOP RECYCLING & DISPOSAL TOO! (707) 459-4845 . 800-MY GARBAGE (694-2722) · FAX.. (707) 459-0175 Page 2 - Operations Hours At The Landfill Thank you for your cooperative spirit you have shown in our negotiations and we look forward to a working relationship with your landfill. Sincerely, ~ Gerald W. Ward CEO GWW/sw WILLITS SOLID WASTES MENDOCINO SOLID WASTES BIO-WASTE COMPOSTING SOLID WASTES RECYCLING CENTER WILLITS . LAYTONVlLLE COVELO . REDWOOD VALLEY Solid Wastes of Willits, Inc. Post Office Box 1425 · Willits, California 95490 March 2, 1998 1993 Richard J. Seanor Deputy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 CITY OF UKIAH DEPT. OF PUBLIC WORKS Re: Landfill Hours of Operation Dear Rick, This letter is a follow up letter to yours dated November 20, 1997, confirming the Ukiah Solid Waste Disposal Site hours of operation. Your letter indicated the hours will be from 8:00 a.m. to 4:00 p.m. Tuesday through Saturday and from 8:00 a.m. to 3:30 p.m. on Mondays. On days following holidays, the site won't be open until 8:00 a.m. As you indicated in your letter, the City is under court orders to restrict the open hours of the disposal site, however the City is actively pursuing the option to allow the disposal site to be open longer hours on days following holidays, specifically open earlier than 8:00 a.m. Due to the continued inconvenience of not being able to dump our trucks earlier in the mornings, I am requesting an update on your progress in order for us to plan for the upcoming holidays. Would you please send me an updated list of the holidays the disposal site'will be'closed for the 1998 year. In reviewing Resolution No. 98-06, resolution of the City Council of the City of Ukiah modifying resolution nos. 95-8 and 97-52 regarding landfill tipping fee and charges and days and hours of operation at the Ukiah landfill, those hours of operation presented will work well with our schedule here in Willits and the North Coast area. This schedule is: · Mondays open from 8:00 a.m. to 3:30 P.m, Tuesdays through Fridays 7:00 a.m. to 4:00 p.m. Saturdays open from 8:00 a.m. to 4:00 p.m. ONE-STOP RECYCLING & DISPOSAL TOO! (707) 459-4845 · 800-MY GARBAGE (694-2722) · FAX: (707) 459-0175 Days following designated holidays recognized at the landfill: 6:00 a.m. to 4:00 p.m. I would like to express to you our appreciation in working with us in accommodating our scheduling requirements. Because of the distance we have to travel, scheduled hours at the landfill are very important to us in providing timely service to our customers. If there is anything I can do to help in bringing about these necessary changes to the landfill open hours, please do not hesitate to call me. I look forward to hearing from you. Sincerely yours, Gerald W. Ward President/CEO GWW/jw cc: Gordon Logan, City Manager, City of Willits ITEM NO. 9a MEETING DATE: October 7, 1998 AGENDA SUMMARY REPORT SUBJECT: Reconsideration of demolition permit for Saint Mary's Church SUMMARY: FACTUAL BACKGROUND On May 20, 1998, pursuant to Ukiah City Code Section 3016, the City Council considered an application by the Roman Catholic Bishop of Santa Rosa and Trouette, Shapiro and Lohr, as owners of Mendocino County Assessor's Parcel No. 202-12-03 (collectively, "Owners") for a demolition permit to tear down the St. Mary's Catholic Church located at the corner of Perkins and Dora Streets ("St. Mary's Church"). Relying on Government Code [}37361, as amended in 1994 by AB 133, the City Council determined that the St. Mary's Church was historically and architecturally significant, but under {}37361 the Owners had a right to demolish the building. (Minutes of May 20, 1998, meeting.) (Continued on page 2.) RECOMMENDED ACTION: (1) The time for challenging the City Council's May 20, 1998, decision has expired. The City Council has no legal obligation to take any action in response to the letter from the National Trust for Historic Preservation. The most legally defensible option is to take no action in response to the letter. (2) Refer the attached proposed ordinance to the Planning Commission with instructions to consider and report its recommendations to the City Council within a reasonable time. ALTERNATIVE COUNCIL POLICY OPTIONS: If the City Council decides to reconsider its decision: (1) Instruct the City Attorney to finalize the attached proposed ordinance and submit to the City Council for adoption as an urgency measure; and (2) after adopting the ordinance schedule a hearing to reconsider the City Council's May 20, 1998, decision, addressing all of the issues identified in this agenda summary report. Acct. No. (if NOT budgeted): Citizens Advised: National Trust for Historic Preservation, St. Mary's Church, Shapiro, Trouette, and Lohr Requested by: Nation Trust for Historic Preservation Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, Bob Sawyer Attachments: Proposed Ordinance, Octob.er~ lett~~m Jo,hn Klein, Tom Brigham Approved: ~ ~ S:\U~AG ENDA98\STmary's.wpd October 2, 1998 1 (Continued from Summary, page 1.) On May 21, 1998, the Owners were issued a demolition permit by the Building Official pursuant to the Uniform Building Code. ("UBC," Section 106.4.) On July 30, 1998, the Owners received approval from the City Engineer for a tentative parcel map for a five parcel subdivision of the St. Mary's property which includes, as a condition of recording the parcel map, that the Owners demolish the St. Mary's church. On September 10, 1998, the City received a letter from Paul W. Edmonson, General Counsel to the National Trust for Historic Preservation, which enclosed an Order Granting Plaintiffs Summary Judgment for Declaratory and Injunctive Relief in East Bay Asian Local Development Corporation, et al., v. State of California, Sacramento County Superior Court Case No. 95AS02560. The Order declares unconstitutional, null, void, and of no force and effect the amendments to Government Code §37361 enacted by AB 133. AB 133 added a subdivision (c) to Section 37361. Prior to the addition of subdivision (c), the Section simply authorized the legislative body of a city to, among other things, provide regulations to protect or preserve buildings and other structures and works of art that have special historical or aesthetic interest or value. Subdivision (c) exempted religious organizations from the application of these preservation regulations, if the religious organization objects to the application of the regulations and the organization determines in a public forum that it will suffer substantial hardship, if the regulations apply. The Court in East Bay Asian determined that subdivision (c) of Section 37361 violates the Establishment Clause of the United States Constitution, the Establishment, No Preference and No Aid Clauses of the California Constitution, and constitutes an unconstitutional delegation of municipal land use authority to religious organizations in violation of Article XI, Section 1 l(a) of the California Constitution. The National Trust requests the City Council to reconsider its May 20 decision based on the East Bay Asian decision. CONCLUSION The time for challenging the City Council's May 20, 1998, decision has expired. The City Council has no legal obligation to take any action in response to the letter from the National Trust for Historic Preservation. The most legally defensible position is to take no action in response to the letter. If the City Council for public policy reasons determines to undertake reconsideration of the May 20, 1998, decision, it must address and resolve a number of complex procedural and substantive issues. Any such reconsideration could expose the City to litigation the outcome of which cannot be predicted with certainty. Under the existing Ukiah City Code, the City Council does not have the authority to S:\U~AG ENDA98\STmary's.wpd October 2, 1998 2 reconsider its decision under these circumstances. To address this problem, the City Council could adopt an ordinance, probably on an urgency basis, authorizing reconsideration and attempt to apply that ordinance retroactively to its May 20 decision. If it did so, then the City Council must determine whether the Owners have perfected a vested right to demolition the church and subdivide the property in accordance with the approved tentative parcel map. This involves determining whether the Owners have commenced demolition under the permit and whether they have assumed substantial liabilities and made substantial expenditures in reliance on the demolition permit, or possibly, whether the Owners have obtained all discretionary approvals required for the development of the property in accordance with existing zoning requirements. The evaluation may also require the City Council to determine whether the Owners knew about the East Bay Asian case prior to May 20, 1998. In addition, the City Council must: 1. decide whether to follow the East Bay Asian decision; and 2. confront the 5th Amendment taking question posed but not decided during the May 20, 1998, meeting. This last issue forces the City Council to consider its inadequate historical preservation ordinance which makes no provision for historic structures for which there is no market. In my opinion, regardless of whether the City Council decides to reconsider the May 20 decision, the ordinance should be amended to address the Fifth Amendment "takings" issue. If it is not economically feasible to use, sell or restore an historic building, in my opinion, the City ordinance should allow the City a reasonable time, probably not more than sixty days, to decide either to buy the building or allow its demolition, subject to reasonable conditions, such as salvaging materials and leaving the site in a suitable condition following demolition. If the City Council takes no action concerning the letter from the National Trust, in my opinion, it should refer the attached proposed ordinance to the Planning Commission for a recommendation to the City Council. ANALYSIS Under Code Civ. Proc. Section 1094.6, the time to challenge the May 20, 1998, decision expired 90 days after the decision became final on May 20. That means that a legal challenge was required to be filed in court by no later than August 18, 1998. While a challenger might attempt to argue for a longer statute of limitations, in my opinion the strongest arguments support the August 18 filing deadline. Moreover, no one argued during the hearing that subsection (c) in Government Code §37361 is unconstitutional. For that reason, in my opinion, the doctrine that requires S:\U~GEN DA98\STmary's.wpd October 2, 1998 3 anyone challenging a decision of this type to raise during the City Council hearing the issues they seek to address in court would prevent a legal challenge based on the constitutionality of the statute.1 Accordingly, the City faces little, if any, exposure to litigation, if it takes no action in response to the letter from the National Trust. The Order in the East Bay Asian case is on appeal to the Third District Court of Appeal in Sacramento. While the decision raises serious questions about the constitutionality of subdivision (c) in §37361, it does not finally determine that the statute is unconstitutional. Until a final appellate court or state supreme court decision is made in the case, the Order does not conclusively establish that subdivision (c) is unconstitutional. See, also, Article III, Section 3.5 of the State Constitution which prohibits "administrative agencies" from declaring a state statute unconstitutional or refusing to enforce a state statute, unless that statute has been declared unconstitutional by an appellate court. It is not clear whether the City in enforcing Ukiah City Code Section 3016 is an administrative agency within the meaning of Art. III, Section 3.5. I could find no case applying the section to a city, but also I could not find a case that refused to apply the section to a city. The request for reconsideration raises both procedural and substantive issues. 1. PROCEDURAL ISSUES. A. The City Council has no authority under the Ukiah City Code to reconsider the decision. Under the Ukiah City Code, the City Council does not have authority to reconsider its May 20, 1998, decision, particularly since the Building Official has since issued a demolition permit in reliance on that decision. The City Council decision rendered on May 20, 1998, became final for the City on that day. Under the City Council procedures for conducting City Council meetings, a motion to reconsider any action taken by the Council may only be made on the same day such action was taken. (See Resolution No. 76-45, et seq., [}24.) The City Council has the inherent power to reconsider an action taken by it unless the action is such that may not be set aside or unless reconsideration is precluded by law. 2 ZSee PRC .21177; Temecula Indians v. Rancho Cal. Water Dist. supra, 43 Cal. App. 4th at 438, citing Resource Defense Fund v. Local Agency Formation Com., supra, 191 Cai.App. 3d at 894.) Failure to comply with the administrative exhaustion requirement deprives a court of jurisdiction to consider the claim. ( Abelleira v. District Court of Appeal (1941) 17 Cal. 2d 280, 292-93; Coalition for Student Action v. City of Fullerton (4th CA 1984) 153 Cal. App. 3d 1194, 1197-98 [200 Cal. Rptr. 855].) 2See In Re Fain (CA 1976) 65 CaI.App.3d 376, 389 [135 CaI.Rptr. 543, 550]. S:\U~GENDA98\STmary's.wpd October 2, 1998 4 Whether reconsideration of an administrative action is precluded depends upon "when the authoritative law intends it to be final," which is to be determined in every case upon the scheme of law by which the administrative power is conferred. 3 Section 3016 of the City Code does not authorize reconsideration of decisions on specific permit applications. The Council Resolution concerning reconsideration appears to be the only City law on the subject and would appear to indicate that the decision is final. California Code of Civil Procedure § 1094.6, which the City Council has adopted, provides: "If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule for the purposes of this Section, the decision is final on the date it is announced." Moreover, the Building Official issued the permit on Mary 21, 1998. Underthe UBC, once issued the permit remains in effect, unless work authorized by the permit is not commenced within 180 days from the date the permit is issued and the permit is not extended, on application, for an additional 180 days. (UBC Section 106.4.4.) B. To address its lack of current authority to reconsider its decisions under Section 3016, the City Council could adopt an ordinance amendin._q the City_ Code to qive the City Council authority to reconsider those decisions and attempt to apply that authority retroactively to reconsider the May 20 decision. The City Council could adopt an ordinance amending Section 3016 to allow for reconsideration of its decisions and adopt that ordinance on an urgency basis. If it adopted such an ordinance, this may provide the City Council with procedural authority to reconsider its May 20 decision. A proposed ordinance is attached for the City Council's consideration.4 The proposed ordinance contains amendments to address the 5th Amendment "takings" issue (see Section 2.B of this memorandum, pp. 9-11) and allows for reconsideration in specified circumstances, unless the permittee has acquired a vested right to the permit. A long line of cases beginning with Russian Hill Improvement Association v. Board of 3Id., at 390 [551], quoting Lindell Co., v. Board of Permit Appeals (1943) 23 Cal. 2d 303, 323. 4 Absent a vested right, a city generally can apply a change in its ordinances to a land use decision it has already made. However, such retroactive applications of ordinances often provoke legal challenges, and a number of legal doctrines, including estoppel, vested rights, due process, and administrative finality have been invoked to oppose such use of ordinance changes. S:\U~AGEN DA98\STmary's.wpd October 2, 1998 5 Permit Appeals5, holds that if a property owner receives a building permit,6 commences construction, and expends substantial funds or incurs substantial liabilities in reliance upon the permit, the property owner has a vested right to complete the project for which the permit was issued. As stated by the Court in West Coast Advertising Co., v. City and County of San Francisco:? Even a permit which had achieved administrative finality can be revoked on the basis of a subsequent change in the zoning laws. The permittee could win immunity from such "ex post facto" revocation only by constructing a substantial portion of the structure authorized by his permit in good faith reliance upon the prior law." The rule was characterized as follows in Avco Community Developers, Inc. v. South Coast Regional Commission:8 The law has also long recognized that "if a property owner has performed substantial work and incurred substantial liabilities in good faith reliance on a permit issued by the government, he acquires a vested right to complete construction in accordance with the terms of the permit." To prevent reconsideration under the proposed ordinance, the Owners could establish that they have commenced work under the permit, and incurred substantial liabilities or expended substantial sums in reliance upon the permit, and that the permit did not authorize a violation of any provision of the UBC or any other City ordinance.9 1967) 66 Cal. 2d 34 [56 CaI.Rptr. 672,677] demolition permit is a type of building permit. (UBC, §106.1 .) 1968) 256 CaI.App.2d 357 [64 CaI.Rptr. 94, 95] 976) 17 Cal. 3d 785, 791 [132 CaI.Rptr. 386] 9 An argument might be made that the Owners cannot acquire a vested right if subdivision (c) of Government Code §37361 is unconstitutional. The argument is a follows. The City Council has already determined under Ukiah City Code Section 3016 that the demolition permit should not issue, because it determined on May 20, 1998, that St. Mary's Church has historical and architectural significance. Under Section 3016 the permit can not issue, once the City Council makes this determination. The City Council only directed the issuance of the permit, because of subdivision (c). If subdivision (c) is unconstitutional, then the demolition permit violates Ukiah City Code Section 3016, which is part ofthe UBC as adopted in Ukiah. The Owners cannot acquire a vested right, even if they expended substantial sums or incurred substantial liabilities in reliance upon the permit, because the permit, under this argument, violated an ordinance of the City when it was issued. S:\U~GENDA98\STmary's.wpd October 2, 1998 6 Even if such reliance has occurred, the Owners could not establish a vested right, if they misrepresented or failed to disclose material facts to the City Council during the May 20, 1998, City Council meeting.1° For example, if the Owners knew about the East Bay Asian decision on May 20, 1998, while it urged the City Council to issue the permit based on subdivision (c), this might constitute a material non-disclosure which could defeat a vested rights claim. However, failure to disclose the East Bay Asian decision involves non-disclosure of a legal matter rather than an affirmative misrepresentation of fact as was involved in Stokes. Under certain circumstances, including where the applicant has superior knowledge, even a misrepresentation on a legal matter can constitute fraud. I currently have no information to suggest that the Owners knew about the East Bay Asian decision. In fact, in a letter dated October 1, 1998, John Klein has categorically denied any such knowledge. (Copy attached.) Also, the Owners have argued that vested rights could arise as a result of the approval of their tentative parcel map in combination with the issuance of the demolition permit. They rely on City of West Hollywood v. Beverly Towers11. That case held that: Local agencies cannot enforce condominium conversion regulations enacted after a developer secured final subdivision map approval and permission from the Department of Real Estate to sell [condominiums]. The case appears to be limited to condominium conversions, where little additional construction is required. It was on this basis that the court distinguished Avco, see footnote 8. Avco held that a tentative map did not provide the developer with a vested right, because he had not received building permits for construction within the subdivision before the zoning laws changed. The court in West Hollywood distinguished Avco, because in West Hollywood the developer had all required approvals allowing him to sell condominiums, including a final map. Here, the developer has the demolition permit and an approved tentative map rather than a final map, as in West Hollywood. He cannot sell parcels, until the church is demolished in accordance with the tentative map condition and the parcel map is recorded. Moreover, the Owners haven't officially indicated that they intend a condominium project. If they did, z0 (Stokes v. Board of Permit Appeals (CA 1 1997) 52 Cai.App. 4th 1348,1351 [61 CaI.Rptr. 2d 181, 186], permit applicant's misrepresentation about current use of boathouse defeated both vested right and estoppel claims, when appeals board revoked permit issued in reliance upon such representations.) ~(1991) 52 Cal. 3d 1184, 1192 [278 Cal. Rptr. 375, 379 S:\U~AG EN DA98\STmary's.wpd October 2, 1998 7 they would need building permits to construct and Department of Real Estate approval to sell the condominiums. For these reasons, West Hollywood is not directly controlling. On the other hand, the City has no discretion to prevent recordation of the map as soon as the Owners satisfy the conditions by demolishing the church and they already have the demolition permit authorizing the demolition.12 In short, the unique circumstances of this case makes the vested rights determination difficult. Arguments can be made for and against a finding of vested rights and the outcome of litigation over this issue cannot be reliably predicted. C. If the City Council reconsidered and changed its decision, the Buildin~n Official could revoke the demolition permit, subject to appeal by the Owners. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of the UBC whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of the UBC. (UBC Section 106.4.5.) Accordingly, if the City Council reconsidered its determination that relied upon subdivision (c) of Government Code Section 37361, grounds may exist upon which the Building Official could rely in suspending or revoking the demolition permit. If the Building Official revoked the permit, the Owners would have the right to appeal that decision to a Board of Appeals established by the UBC and appointed by the City Council. (UBC § 105.) 2. SUBSTANTIVE ISSUES. A. Should the City Council reconsider its decision based upon the Order in East Bay Asian? Ordinarily, a City should not reconsider a decision based on information it knew or should have known about when it made the original decision. In this case, the City knew or should have known that the United States and California Constitutions contain provisions governing the free exercise of religion and the establishment of religion. It is also clear that subdivision (c) in Government Code {}37361 provides special treatment for religiously affiliated associations or non-profit corporations. I will explain below why the East Bay Asian decision may be right that, at a minimum, subsection (c) violates the No Preference ~2 See Youngblood v. Board of Supervisors (1978) 22 Cal. 3d 644 [150 Cal. Rptr. 242, which held that a City must approve a final map once the developer complies with the conditions of the tentative map, because once the tentative map is approved, the developer often must expend substantial sums to comply with the conditions attached to that approval. Consequently, it is only fair to the developer and to the public interest to require the governing body to render its discretionary decision when it acts on the tentative map. Approval of the final map is ministerial. S:\U~G EN DA98\STmary's.wpd October 2, 1998 8 Clause in the California Constitution, and does not, as recited in Section 3 of AB 133, merely ensure, "... the protection of religious freedom guaranteed by Section 4 of Article I of the California Constitution, and by the First Amendment to the United States Constitution ." However, the City did not and, in the exercise of due diligence, could not have known about the superior court decision in East Bay Asian. Such decisions are not reported and are not binding on any other court or any person not a party or in privity with a party to the action. None of the normal procedures for researching the constitutional issues would disclose the Order in East Bay Asian. For reasons discussed below, an argument can be made that the City Council could reconsider its May 20 decision, if it decides to follow the decision in East Bay Asian, because that decision represents new information that the City Council did not know about and could not have known about in the exercise of reasonable diligence at the time of its original decision, and because the decision appears consistent with California case law on the application of the No Preference Clause in the California Constitution to zoning regulation of churches. 13 Of course, the Owners will argue that a superior court decision does not excuse the City from complying with the requirements of a state statute, until an appellate court declare the statute unconstitutional. It can be difficult determining whether a state statute violates the Establishment Clauses in the First Amendment to the U.S. or California Constitutions. For one thing, as Justice Lucas pointed out in his concurring opinion in Sands v. Moronqo Unified School DistrictTM, "... as revealed by recent United States Supreme Court decisions, the law is in a state of flux in this area." However, the No Preference clause in Article I, [}4 of the California Constitution goes beyond the Establishment Clauses in prohibiting any preferential treatment for religious organizations. ~s California cases have consistently upheld the non-discriminatory enforcement of zoning laws against churches and have refused to afford churches any preference in the application of zoning restrictions.~8 For example, a zoning ordinance that excludes ~Conversely, the Owners could argue that contents of the state and federal constitutions were known to the City and these issues of law do not constitute new facts that might warrant reconsideration. ~4(1991) 53 Cal.3d 863, 885 [281 CaI.Rptr. 34, 46 ~Lucas Valley Homeowners v. County of Marin (CA 1 1991) 233 CaI.App.3d 130, 145-7 [284 CaI.Rptr. 427, 435-6]. ~61d. at 143-144. S:\U~AGEN DA98\STmary's.wpd October 2, 1998 9 churches from residential areas does not violate the Free Exercise Clause.17 A church is to be treated just like any nonsectarian enterprise when determining the extent of its compliance with zoning legislation.~8 A public entity does not violate the Free Exercise Clause by requiring a church to obtain a use permit before locating in a residential zone. 19 The California Constitution contains an Establishment Clause that is worded almost the same as the Establishment Clause in the U.S. Constitution. However, the state constitution also includes language which is not contained in the U.S. Constitution. Article I, §4 provides: "Free exercise and enjoyment of religion without discrimination or preference are guaranteed." (Emphasis added.) In Lucas Valley, supra, at 146 the court wrote: Thus, in our state, preference is forbidden even when there is no discrimination, leading California courts to suggest that this clause is more protective of the separation [of church and state] principle than the federal guarantee. [Citations omitted.] Justice Mosk, concurring in Sands states the preference prohibition this way: "IT]he preference clause seeks to prevent government from giving any advantage to religion in California. The relevant inquiry is whether government has granted a benefit to a religion or religion in general that is not granted to society at large. Once government bestows that differential benefit on religion, it has acted unconstitutionally in this state." (Id. at pp. 911-912, emphasis in original.) By the same token, the law cannot discriminate against religious institutions; this means, in the context of the County zoning scheme, that they are entitled to be considered on the same basis as other community-enhancing uses and facilities when it comes to land use decisions. Based on this analysis, Lucas concluded that county counsel advice to a county planning commission violated the No preference clause, when he advised the commission to use a clear and convincing standard of proof (a higher than normal standard of proof) in deciding whether a synagogue would have an adverse impact on a neighborhood, because a church is a preferred use. Subdivision (c) in Section 37361 singles out religious organizations for preferential treatment. While subsections (a) and (b) permit the legislative body of a local public entity ~TCorp. Presiding Bishop v. City of Porterville (1949) 90 Cai.App. 2d 656, 660. ZSMinney v. City of Azusa (1958) 164 Cai.App. 2d 12, 20-21. ~gMatthews v. Board of Supervisom (1962) 203 Cai.App. 2d 800 [21 Cal. Rptr. 914. S:\U~GEN DA98\STmary's.wpd October 2, 1998 10 such as the City to adopt regulations protecting and preserving historically or aesthetically significant buildings owned by non-religious organizations, subdivision (c) exempts such buildings from regulation when owned by religious organizations. The organizations themselves are empowered to determine whether they will suffer substantial hardship, if the regulations are applied. The hardship is not limited to religious belief or practice. The religious organization can determine hardship if the only impact of the regulation is on its economic interests (deprivation of economic return on its property). While subdivision (c) may violate the Establishment Clause, a very strong argument exists that it violates the No Preference clause. For this reason alone, in my opinion the City Council could reasonably follow the Order in East Bay Asian, if it adopts an ordinance permitting reconsideration. Another issue that might arise on the reconsideration concerns the direct application of the Free Exercise Clause of the First Amendment, even assuming that subdivision (c) is unconstitutional. If the owners established that the Catholic religion prohibits the use of churches for any other use, even after the church is abandoned by the Catholic Church, the City might be forced with determining whether prohibiting the demolition of the building violates the free exercise of the Catholic Religion. B. If the City Council disregards subdivision (c) in Government Code §37361, it must then address the takings issue under the Fifth Amendment to the U.S. Constitution. As discussed in the staff report to the City Council for the May 20, 1998, meeting, the City Council must consider whether denying, or revoking, the demolition permit would constitute a taking under the Fifth Amendment. The 5th Amendment prohibits the government from taking private property without just compensation. A regulation of private property can result in a "taking," even if it does not actually deprive the property owner of the possession of its property. The most recent description of when a taking by regulation can occur is contained in a California Supreme Court decision called Kavanau v. Santa Monica Rent Control Board,2° the Court wrote, in part, as follows: When a regulation does not result in a physical invasion and does not deprive the property owner of all economically beneficial use of the property, a reviewing court must evaluate the regulation in light of the "factors" the high court [U.S. Supreme Court] discussed in Penn Central [Trans. Co. V. City of New York (1978) 438 U.S. 104] and subsequent cases. Penn Central emphasized three factors in particular: (1) '[t]he economic impact of the regulation on the claimant;" (2) "the 2°(1997) 16 Cal. 4th 761. At 774-75 S:\UV~,G EN DA98\STmary's.wpd October 2, 1998 11 extent to which the regulation has interfered with distinct investment-backed expectations;" and (3) "the character of the governmental action." The Kavanau decision also described other relevant factors which elaborate on the three factors discussed in Penn Central. Generally, however, the courts evaluate the importance of the governmental interest served by the regulation against the degree of economic harm resulting to the property owner. The focus is on the uses of the property that remain after the regulation is imposed. Among the considerations is whether the regulation is "reasonably necessary to the effectuation of a substantial public purpose" and whether the regulation "permit[s the property owner] ... to profit [and] ... to obtain a 'reasonable return' on... investment." In this case, denial of a demolition permit is the only way to preserve the building. If the building is determined to have historical or architectural significance, the regulation is clearly necessary to achieve a substantial public purpose. Hence, a greater economic burden may be justified than would be true, if the regulation were less essential and the governmental interest less substantial. At the same time, the church is located in an R-1 district. Under current regulations the only non-public uses other than single family residential use allowed or permitted are community care facilities, family day care homes, private schools, churches, and bed and breakfast establishments. The City Council could also consider the likelihood that a zoning change allowing a broader range of uses would be approved for the church location. If the City Council determines that a zoning change is unlikely, then it should evaluate, based on the information presented to it during its reconsideration of this matter, whether a market exists for the structure, preserved to retain its historical or architectural significance, for any of the allowed or permitted uses in the district. Is it likely that someone would buy the building, given its existing condition, for a single family residence, a family day care home, a private school, a church, a community care facility, or a bed and breakfast establishment? If the Council determines that there is little likelihood that the building can or will be used for any of these purposes, then the economic hardship on the Catholic Church is quite severe and it is unlikely the church can earn a reasonable return on its investment. The attached ordinance contains provisions to address this issue by providing the property owner with an opportunity to establish that there is no viable market for the historic structure. If the City Council determines that there is no viable market, the City has sixty days to commence acquisition of the property. If the City fails to commence acquisition within sixty days, the Building Official may issue the demolition permit. S:\UV~,GEN DA98\STmary's.wpd October 2, 1998 1 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 3016 OF THE UKIAH CITY CODE, GOVERNING THE ISSUANCE OF DEMOLITION PERMITS FOR BUILDINGS CONSTRUCTED ON OR BEFORE DECEMBER 31, 1939 The City Council hereby ordains as follows: SECTION ONE. Ukiah City Code Section 3016, subsections 1 and 2 are hereby amended to read as follows: §3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE: [Text between lines makes technical changes to 3016 and addresses 5th Amendment issue. Highlighted text represents changes to existing ordinance. Text below second line provides for reconsideration.] , The Section of the Uniform Building Code relating to applications for building permits is modified to require in addition to the other information already required in an application for a building permit the date when the building was first constructed, if known, when the applicant seeks a building permit to demolish the building. , The Section of the Uniform Building Code relating to permit issuance is hereby modified to require that, except as expressly provided in this Section, before issuing a building permit to demolish a building that was first constructed onor before December 31, 1939, the Planning Director shall first refer the application to the City Council for a determination under the procedures provided in subsection 2(b) whether the building has historical, architectural or cultural significance. (b)(1) The City Council shall determine by majority vote at a regular City Council meeting no later than thirty (30) days following referral by the Planning Director whether the building has historical, architectural or cultural significance. In making this determination the City Council.shall consider.any information provided during the meeting and may consider the recommendation of any committee establishedby City Council resolution for this purpose. (2) At the time of application or as soon thereafter as is practical but no later than ten (10) days prior to the City Council meeting at which the application is to be reviewed, the S:\l_~Ords98XHISTrecon.wpd October 2, 1998 Page 1 of 5 applicant shall be notified in writing by mail or personal service of the date and time when the City Council will review the application and ghflI be prO~ded ~ a copy of (3) After conducting its review the City Council shall determine whether the building is historically, architectural or ¢fl~ally significant to the City. If the building is determined to have such significance, the permit to demolish the building shall be issued building! :The CiD M~ager shall inform the BUilding OffiCial wheneTM ~e CiD S:\U~Ords98LttlSTrecon.wpd October 2, 1998 Page 2 of 5 BUi!d~g ¢ode~ ~ a ted id the Ci~, 0XUh~: Or 6ther ei~ ordi~ce or or d~g ~e me~igg ~rte~e: ree~ideration ~ p tted r SUbdi~ision the Building Official ~d ~e apPlie e~ee n fi~e working days after S:\UXOrds98LItlSTrecon.wpd October 2, 1998 Page 3 of 5 building has historic, arc~tec~ or cul~ si~fiCance~ and the Building ofticia has issued a demoliti0n pemitbased on the previous decision, the SECTION TWO. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION THREE. This Ordinance shall be published as required by law. SECTION FOUR Upon approval by a 4/5 vote of the City Council, this Ordinance shall be adopted and become effective immediately as an urgency measure. The urgency arises from the immediate necessity to preserve the public peace, health, and safety. The specific facts constituting the urgency are as follows: These amendments to Ukiah City Code Section 3016 provide the City Council with authority to reconsider decisions that permit or prevent the demolition of historic buildings in the City. Currently, the City Council lacks the authority to reconsider such decisions. On May 20, 1998, the City Council authorized the demolition of the St. Mary's Church located at the comer of Perkins and State Streets in the City. Since making that decision, the City Council has learned that the state statute it based its decision on was declared unconstitutional by a superior court. Unless the City Council amends this ordinance immediately to permit reconsideration of this decision, the church could be demolished before such reconsideration could occur. Preservation of historic structures is an important policy of the City which preserves the character and integrity of the City and the public peace, health and safety of the community. Introduced by title only and adopted on vote: ,1998, by the following roll call S:\LqOrds98XHISTrecon.wpd October 2, 1998 Page 4 of 5 AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk S:\UXOrds98LHISTrecon.wpd October 2, 1998 Page 5 of 5 ,-~OHN ~,. KLF-IIq MARGAI~.£T K BUTLER October 1, 1998 Mr. David Rapport Uloah CiW Attorney Ukiah, CA 93482 Dear David: St. Mary's Church Demolition Perrrdt I am aware that them is a movement underway in Uldah to reopen the demolition permit for St, Mary's Chumh, and that ~e CiW Council .h~s been I understand that you may be sending to the City Council in an a~enda packet tomorrow your own_ reflections ~ the status ne tho marine, fi~c~rn n I have a couple of thoughts of my own I wish to pass on to you which you may feel fl'_ ee to commtmicate to the Council ifyou wish to do ~. East__B_.ay Asian Local__ elx:. v. State of Calif0mi~ I have been asked whether I was aware of the Superior Court decision questioning the e.cms.fim, fiona!.i.~ of Gov__ernm_~__t CcwJe. ~3736 !, thc pro:4sion we-~:~ upon '~&en I ad&-essed .u~ ~,ay Council on he,half of the Church. The answer is positively no. I first became aware, of this case when the pastor of St. Mary's Parish faxed to me a copy of the September !0, and City Coun¢ii. i had consulted down ~o pTcs~n~ date the annotated version of West's California Codes £o~ ime~re~atious o£ r. he statute, and had found nothing contraI¥ to the argument which I presented to thc City Council. Had i imown of the Superior Court decision i would have had no good mason to conceal it, I would simol¥ have mentioned it as a decision having no precedent value wha~oeve~, 'and would have relied upon the never in my many years of law practice attempted to mislead directly or indkectly by legal argument any court or any administrative or quasi judicial agency. . .C4)_ ~etence ora Ci_ty Council to Rule a Statute U_nconsrituticm.al I am aware, and I am sure you are too, of Article III, Section 3.5, of California Constitution which declares that an administrative agency has no basis o£ its b¢in§ unconstitutional, uuiess an appeiia~c cou~ has made a de~~on that the statute is unconstitutional. Granted that an incorlxu-ated city has legislative and executive powers, ..and quasi judicial powers in certain insta__n_ces, its routine ~,,~v,h'Xg state laws and subject to preemptive stat~ statutes is, in my observation, the exercise of admimstmfive powers. I strongly believe that the Council was acting adminis__trativ¢ty when it gr_~_med ~_e demolition permk. I have not researched the precise point in the context of the present ¢~$¢ and .wi'.U submit the pr _%po_ sition t° you at *_he ~_-resent m,~.~,-., on u,h~t T have s "tated here. ' ..... In any event, should we search the law books to support an argument that the issue of the con.qfitutlonality of the statute was before t_he CiW Council vchen it grouted the p~ait, I am onare we '~511 be lookSng in vain for anything to support the proposition that the Council has pure and unadulterated.judicial power to adjudicate lhe question. The statute in question is ~m'esumotivelv constitutional_ The cases are ¢o!!ected ~m Wi,H~, Sumrn~ of ~aliforn/a r ,,,., 9th ....... ~,~,,, cd.,--~-~ Legal_ Basis.for Reopening a PermiLHem-m~ I assume that Ukiah has an ordinance in olace establishing a 90 day sta~zte oflimimfions ~ p_~.'tion for judici~ ,--,,;,[-, ~w>~-~ ,u~. · ,,~,--..~. ~ · am not correct, I ~,ow you will te]i mc. Even so, there may be a further question wheth~ the hearing conducted by the Co,,_n_cii wh~ t.hh~' pe..,'mit was ~-,,,,,,a u....~.,.. · '~-t-.",~,, by ~,,,, ,,,.,,,.~ ~.~ purview of § I ^^~ u:~',.-,. I ,iave aoL in the interest of dispatching this letter to you in timely fashion, gone back through my file in an attempt to determin~ this point. Asam~g the. time for review has expired the Council's determination cannot be questioned in the judi~a! sys!_.cm., n '~"~',~d c~,~k,,, ! ,~,;,,v ,~,.,~ a determination by ~e Comncil to reopen the matter would b~ ~. Should the Cotmcii on its own initiative reopen the matter in any way to pose the threat of a reversal of its ~>revious decision. I foresee, re'ave · ,~, ,.-~ mtcrcst -, ~e pe~miit, the Chin-ch mtd ia purchaser, the question of impairment of existing contracts, a very serious question of due ~rocess if the Council should act without ~g on adequate notice al! in. addition to ......... VU 'M,.q,J~,J''l'V ~ b'~M UL~ lllILLL~I, Uv~Ii~ on Ull~;: guJ.JI'-JC]I S Power to do so in tile first place. r__.~t, md ! ~-imk ,,,,* ~, ! read ~a~a~, ..... '-~,,, ~,-,,,, ~ a l~tafion upon the uomm~ ~cmmng ~m invoi~~ condemmtion · e prop~ of reli~ous ~somaa~s a ~ act imlem~fina ~e cmsfim~o~ ~o~a~, fed~ ~d s~, ~m~ee;mg ~~ee ex--else of -~,~ ~ s~d ~ much m thc reci~s con,ed in cnapmr 419 of the Statutes of 1993 md c~pter 1199 m ~e Statutes of i 994. This is a point which is overlooked by National Trust for Historic Pre.qervation~ and othem whn .q~.o~rninolxr art- ~,~'111;~,,, {"'"'"~' if ,h.., upon the Church's parishioners the economic burden of paying the price for historic preservation out of thc pockets of thc crumb's parishioners rather than °ut of the public tream~., where the obl~ation helnnom~, if the bm_eric/a! use' of the property is lxken for. a public use. used .in support of relig/ou8 worship is not one of the public purposes which property_ may be condemned. It will be a sad day for me if this matter should evolve into a situation where I am compelled to consid~ a inverse condemnation. I hast in you' ability to -advise the Council wisely and objectively. Please accept my k/nd personal regm'ds. · A IF/,4'1 ours v~ ' I'--'- " --" THOMAS S. BRIGH:~M G. SCOTT GAUSTAD PHILIP M. VAN~'UCCI KATHY LOHR CERTIFIED LEGAL ASSISTANT BRIGHAM & GAUSTAD LL? ATTORNEYS AT LAW VICTORY THEATRE PLAZA 387 NORTH STATE STREET POST OFFICE BOX 358 UKI,ML CALIFORNIA 95482 October 1, 1998 David Rapport Ukiah City Attorney 300 Seminary Avenue Ukiah, CA 95482 re: Demolition Permit for St. Mary's Church Dear Dave: TELEPIIONE (707) 463-1429 FACSIMILE (707) 467-2492 As you know, I represent the Lohrs, Shapiros and Trouettes, who are purchasing the St. Mary's Church property from the parish. BACKGROUND A demolition permit was issued by the City on May 21, 1998, after a public hearing and vote by the Council. On July 31st, the City approved tentative parcel map #98-18, which provides for subdividing the parcel into five lots. One of the conditions of approval was that all structures on the property be demolished and removed prior to final map recordation. No appeal was taken from either of these actions. The appeal period on the tentative map expired August 10th and the time for bringing an action on the demolition permit ended on August 19th. 1 In the meantime, on June 28th, my clients entered into a contract with the First Presbyterian Church of Ukiah to sell them a parcel. On September 10th, the National Trust for Historic Preservation wrote to the City Council, claiming that the code section upon which they based their decision tc~ issue the demolition permit2 has been found to be unconstitutional by a Sacramento County Superior Court judge. The decision is of an inferior tribunal, has no precedential value, was not published, and is on appeal and therefore not final. Nevertheless, in response to the letter and learning of the Sacramento case, the Council has placed the matter on its October 7th calendar. PROCEDURAL BASIS FOR REVISITING THE ISSUE The first issue that occurs to me is: What authority does the Council have to reconsider either the 1Government Code §65009(cX5). 2Government Code §37361. To: David Rapport October 1, 1998 Page Two issuance of the demolition permit or the approval of the tentative map.9 We know that it is too late for anyone to file a lawsuit challenging the decision. Thus, reconsideration at this point appears to be without justification. VESTED RIGHTS BASED ON THE TENTATIVE MAP ALONE Assuming there is some authority of which I am not aware to justify reconsideration, my clients have acquired vested rights in the demolition permit and tentative map which preclude reversal of the May 21 decision. You mentioned statutory vested fights when we spoke on the phone. As explained by the Supreme Court in City of West Hollywood v. Beverly Towers~ Inc~, vesting tentative maps under Government Code {}66498.1 are generally obtained by developers who need additional discretionary approvals to complete a long-term development project as approved, and without being affected by any intervening changes in local regulations.3 In this case, my clients do not need a vesting tentative map because no further discretionary permits are required in order for them to proceed.4 In fact, but for the fortuity of the parish's continued need for the structure, my clients could have legally demolished the church before the National Trust weighed in. In the meantime, there have been no intervening changes in local regulations. More importantly, the City of West Hollywood case stands for the proposition that a developer who has received all the necessary governmental approvals has a vested fight even in the absence of "substantial expenditures.''5 This case follows the rule first announced in Youngblood v. Board of Supervisors6 which held that a county lacked discretion to deny a final subdivision map if the application showed the development substantially conformed to the tentative map and its attendant conditions. While the Supreme Court expressed doubt in Santa Monica Pines. Ltd. vs. Rent Control Board7 that the analysis in Youngblood could apply to condo conversions because they do not generally require vast expenditures, in City of West Hollywood they nevertheless concluded that, where all approvals have been obtained and the only thing remaining is to convey title, the Youngblood rule applied.8 The 3Cit3_r of West Holl_wvood v. Beverly Towers. Inc. (1991) 52 Cal.3d, 1184, 1194. 4Ibid. 552 Cal.3d at 1191. 622 Cal.3d 644. ?(1984) 35 Cal.3d 858, 866. 852 Cal.3d at 1191. To: David Rapport October 1, 1998 Page Three Supreme Court also noted that the fact that the Youngblood defendants had obtained final map approval while the owners in Santa Monica only had tentative approval is not a significant basis for distinguishing the cases. Again, Youngblood is cited for the proposition that final map approval is merely a ministerial act if the application for such approval is in substantial compliance with the tentative map and its attendant conditions.9 Even Justice Broussard's dissent in West Hollywood confirms that this is the law and that the majority holding was that approval of a tentative map confers a vested right,jo In our case, of course, the tentative map not only permits, but requires the demolition of the building. In our recent telephone conversation, you mentioned Avco Community Developers~ Inc. v. South Coast Regional Com. ~ Inasmuch as it predates West Hollywood, anything it holds to the contrary is of dubious weight. Nevertheless, it presents a different issue. In that case, a grading permit had been obtained and the grading was done. Then, before the developer could get a building permit, there was a change in law which affected not only the prospective building permit but also the zoning. Those are not remotely similar to our facts. My clients not only have a permit and a tentative map, they cannot be challenged in court. VESTED RIGHTS BASED ON SUBSTANTIAL EXPENDITURES AND LIABILITIES Even if substantial expenditures or liability were required to establish a vested right in this case, we can establish that my clients have not only expended substantial time and money on this project, but stand to lose a great deal of money if they are unable to perform their contract with the Presbyterians. They intentionally waited until after approval of the demolition permit to enter into this contract and there is, therefore, no escape clause which protects them from a suit by the Presbyterians if they cannot perform. CONSTITUTIONAL ISSUE Finally, as you are well aware, the Sacramento case which precipitated all of this is a Superior Court judgment in which the plaintiffs attacked the statute under the establishment clause of the First Amendment because it was perceived to favor a religious organization over individuals. The establishment clause is not absolute. The free exercise rights must be weighed in a balancing, amounting to a "benevolent neutrality which will permit religious exercise to exist without sponsorship and without interference.''~2 The legislature, in enacting Section 37361, specifically states 922 Cal.3d at 655. 1°52 Cal.3d at 1198. 1117 Cal.3d 785. 12Corp. Of Presiding Bishop v. Amos (1987) 483 U.S. 327, 97 L.Ed 2d 273,282 quoting Hobbie v. Unemp. App. Com (1987) 480 U.S. 136, 94 L.Ed.2d 190, 197. To: David Rapport October 1, 1998 Page Four that it was intended to ensure the protection of religious freedom. ~3 That is precisely how the statute was applied in our case -- to ensure that the Catholic community had the freedom to protect its religious sites from desecration. In short, Mr. Edmondson should not be so sanguine about the chances of upholding the trial court's ruling in the Sacramento case, nor about it applicaton to the facts of our case. A related query: Would not the City be violating the establishment clause if it required that a symbol of religion be preserved? In other words, wouldn't the City be "establishing" if they insisted upon preserving a certain form of religious architecture? Just wondering. SUMMARY I am not aware of any authority for reconsideration of the issuance of the demolition permit t particularly since the statute has run on any legal challenge to it. Independent of that issue, my clients have a vested right under West Hollywood and/or by virtue of their expenditures and contractual liabilities. Finally, the ruling of trial Judge Joe Gray is not final and is the judicial equivalent of a one run lead after the top of the first inning -- at Coor's Field. Should the Council nevertheless decide to revisit the demolition permit, I assume that there will be notice and opportunity to present argument on the merits of issuance. Please give me a call if you wish to discuss this further. Sincerely, /7 WHOMAS S. BRIGHAM 13See Section 7(b) of Stats. 1993, c. 419 (S.B. 1185). AGENDA SUMMARY ITEM NO. 10a DATE: OCTOBER 7, 1998 REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING 1998-99 GRANT FUNDING FOR COMMUNITY BASED, NON-PROFIT ORGANIZATIONS In response to the City's solicitation, 19 entities applied (requests totalled $57,163) for the $20,000 available in 1998-99 grant funding to community based, non-profit organizations. These applications were reviewed by a committee composed of two Councilmembers and two staff members with recommendations to fund all or a portion of nine proposed programs. Though each of the petitions was worthwhile, those programs recommended were viewed to have greater limitations on funding sources, addressed health, safety, or welfare issues, or would assist/impact the greatest number of needy residents. T h e Committee's consensus recommendation for funding is: ORGANIZATION Community Care Mendocino County Library Mendocino Latinos para la Comunidad/Nuestra Casa Plowshares Peace & Justice Center Project Sanctuary School of Performing Arts & Cultural Education Ukiah Community Center Ukiah Senior Center Ukiah Valley Association for Habilitation Total PROGRAM FUNDED Linkages Public Internet Access After school cross-age Training Fundraising newsletter production The Children's Program Scholarships Crisis line staffing Home Assistance Building repairs AMOUNT $ 2,0OO $ 2,000 $ 3,000 $ 2,4O9 $ 2,000 $ 1 ooo $ 4,460 $ 2,5O0 $ 631 $20,000 RECOMMENDED ACTION: Adopt Resolution Authorizing 1998-99 Grant Funding for Community Based, Non-profit Organizations ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine different funding amounts are appropriate, identify changes, and adopt revised resolution. 2. Determine no funds are to be allocated at this time, do not adopt resolution, and provide direction to staff. Citizen Advised: Applicants Requested by: Applicants I ._~'~ (~\ . Prepared by: Michael F. Harris, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution for adoption, page 1. 2. Applications from: (a) Big Brothers Big Sisters of Mendocino, pages 2-14; (b) Community Care, pages 15-27; (c) Ford Street Project, pages 28-33; (d) Habitat for Humanity, pages 34- 55; (e) Held-Poage Research Library, pages 56-58; (f) Mendocino County AIDS Volunteer Network, pages 59-65; (g) Mendocino County Library, pages 66-68; (h) Mendocino County Public Broadcasting, pages 69-73; (i) Mendocino Family Youth Services, pages 74-76; (j) Mendocino Latinos para la Comunidad/Nuestra Casa, pages 77-86; (k) Plowshares Peace & Justice Center, pages 87-91; (I) Pomolita Music Boosters, pages 92-96; (m) Project Sanctuary, pages 97-108; (n) School of Performing Arts & Cultural Education, pages 109- 130; (o) Ukiah Community Center, pages 131-142; (p) Ukiah Players Theatre, pages 143- 150; (q)Ukiah Senior Center, pages 151-154; (r) Ukiah Symphony Association, pages 155- 159; (s) Ukiah Valley Association for Habilitation, pages 160-168. APPROVED: ~J J ~'":.1 ,,..,....L.~/~....~ ca-nClace Hors'ieY, C'ity~Manager mfh:asrcc98 '~007CBO RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING 1998-99 GRANT FUNDING FOR COMMUNITY BASED, NON-PROFIT ORGANIZATIONS WHEREAS, within the City of Ukiah there are many non-profit, community-based organizations which provide significant services to the citizens; and WHEREAS, the those organizations are in need of financial assistance to continue serving their targeted populations; and WHEREAS, the City of Ukiah City Council desires to aid these agencies in light of their substantial contribution to the welfare of the City; and WHEREAS, the City of Ukiah General Fund has adequate capacity to fund $20,000 toward this effort; and WHEREAS, the City received 19 applications for funding under the "Non-Profit, Community Based Organization Grant Assistance Program" for 1998-99. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby authorize grant funding for 1998-99 in the following amounts to the following organizations: ORGANIZATION Community Care Mendocino County Library Mendocino Latinos para la Comunidad/Nuestra Casa Plowshares Peace & Justice Center Project Sanctuary School of Performing Arts & Cultural Education Ukiah Community Center Ukiah Senior Center Ukiah Valley Association for Habilitation PROGRAM FUNDED Linkages Public Internet Access After school cross-age Training Fundraising newsletter production The Children's Program AMOUNT $2,OOO $2,000 $3,000 $2,409 $2,000 Scholarships $1,000 Crisis line staffing $4,460 Home Assistance $2,500 Building repairs $ 631 PASSED AND ADOPTED this 7th day of October, 1998 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 99- Page 1 of 1 City of Ukiah COMMUNITY ORGANIZATION APPLICATION FOR FINDING 1998/99 Application/Organization: Big Brothers Big Sisters of Mendocino Date: Au;ust 24.1998 Address: 776 S. State Street Ukiah, CA. 9548.2 Executive Director:. Wendy Wall Phone: 463-49,15 (Coast 964-1228) Name of Contact Person: Joanna Bushby-Ol~n or Wendy W~II Tttle of Contact Person: Inland Case manager Phone: 463-4~._.!5 Profit ,.X , Non-Profit Date incorporated 1975 How long has your organization been in existence? ,Since 1975 or 28 year~ Does your agency have an Americans with Disabilities ACt Plan? X Yes _No Project TrUe: Men to Bo_rs Project Location: Ukiah Location of facilities operated by your organizaUon: 552 N. Main Street, Fort Bragg, CA. 95437 776 S. Main St, suite 107, Uldah, CA. We also operate high school matching programs in Ukiah High, Frank Zeek, Pomolita, Laytonville, Fort Bragg High School, Dana Gray Eleme~, and IVlendocino High School and Elementary School. Group activities take place at various IocalJons on the Description of total agency activities or services provided: Core Matching larogmm: Traditional one to one matching program. We match qualified adults or high school age students with a child who is demonstrating a need for additions attention. Our program serves children age 4 to 18. Matches are made according to the compatibility of the volunteer and child. Matches meetweekly for 3 to 4 hours. High School Mentor Program (HSMP): HSMP matches teens with elementary age children. These matches work in two ways; teens volunteer as a core match, just like the adult volunteers or core program or they meet their match at school for one hour per week. Club Wikl Child {Coast only}: Is a club for children on our waitMg list age K - ~ grade. This is a monthly group program that offers activities that range from aris and crafts to games, movies, BBQ's, hikes and movies. These are activities that are organized and supervised by high school students. Adult chaperones attend all events. Men to Boys (Coast only): Was developed in response to ~e increased number of pre-l~n boys wailing for a Big Brother. Men to Boys is an activity based program that matches male volu~ with a few boys who meet regularly for organized acUvilies. Activities include overnight Page 2. City of Ukiah, Application for Funding camping, beach days, canoeing, movies, sport days and board game days. This group usually spends an entire day together. Business Development: We are working toward the development of an art gallery and gift store. Amount requested: $ 3,000.00 Total Project Cost: $ !3,747.70 Please list the number of Ukiah residents that were served by your organization and the services that were provided: We have a corn matching program and last year we began an in school mentor program serving Ukiah High School, Frank Zeek, (Mendocino County Ofl~ce of Education), River School, SOuI~ Valley, West Hills, Yokayo and Clean and Sober Classroom. The core program matches a volunteer with a child who needs additional affenl~on. These matches meet weekly for minimum of a few hours or more. The role of the Big Brother Big Sister (BBBS) case manager is to recruit, screen, assess and match each volunteer entering the program before matching with a child who has demonstrated behavioral, academic and/or social problems at home and/or in school. Addi'donally, each child and their parent or guardian are home screened to determine the volunteer that would best suit the needs of the child/family. Ongoing supervision of each match, including goal se~ng and conflict management, is a part of the case manager du~es. The High School Mentodng Program began in 1997/98 school year in the Ukiah schools. This program is a tutorial match between a screened high school student and an elementary age child referred by the school counselors or teachers. Teachers and the volunteer evaluate the progress of each child. Our statistics show that there were 145 clients served in the Ukiah zip code. 2. Describe to what extent your project will specifically affect, serve and benefit City of Ukiah residents: The Men to Boys Project will specifically impact pre teen and teen age boys in Ukiah who have exhibited behavioral and academic problems in school and/or at home. This small group activity program matches 2 men with 4 to 6 boys. The group meets regularly with consistent membership. This ra'do of volunteer mentors to mentees, in a group se~ng, is approved by the California Mentor Ini'da'dve (Quality Assurance Standards). Presently, this program is only aclJve on the Coast (parent letter of support attached). Activities have included overnight camping, day at the Beach, Canoeing up Big River, game day and movies to name just a few. Although we will not be serving hundreds of children we do see a positive impact on those who do participate. This is a quality program that serves to extend the impact to additional children who would otherwise remain un-served.., but truly need a role model/mentor. There are never enough male mentors available for one to one matching. 3. Describe the specific needs within our City that your proposed project addresses: The specific need is the scarcity of posi'dve role models (especially mate volunteers), providing healthy acl]vities, for pre-teen and teen-age boys who come Eom single parent female head of households. 4. Describe the geographical area of impact affected by this proposed project: The geographic ama is Ukiah. Specifically the pre-teen and teen boys at/ending 5· through 8· grade Ukiah Schools. Page 3, City of Ukiah, Application for Funding . Describe how your program will coordinate with other agencies and organiza'dons in providing similar services to this area to compliment, rather than duplicate their efforts: Big Brothers Big Sisters is an active member of the Mentor Nliance. Additionally, we coordinate and collaborate efforts wit~ the CASA Program. There is presently no other Agency offering small group mentoring l~at acldi'donally supervises the group in a case management formal Where in Mendocino County are similar services provided and by whom: We are not aware of any other Agency providing the same or similar services. Big Brothers Big Sisters of Mendocino County presently provides ~is service only on ~e Coast. We would like to see Men to Boys expand to serve the needs of Ukiah children. Describe the current sources of your organizations funding: Big Brothers Big Sisters receives funding from the follow~ng sources: United Way Community Service Development (NCO) - Mentor Funds Ncohol and Other Drug Program- Mentor Funds Fundraising and sales to the public Donations Healthy Start- Laytonville Mendocino County Community Foundation Mendocino County Public Health - Prevention in Action 8. Descn'be your proposed program budget (specify revenues, by sources, as well as expenditures, by type) Supervision, mentor screening and matching (1.202.~7pm Screening, Rngerprints, DlVlV check. Postage Photocopying Consumable supplies for activities ($50.00x12 months) Insurance (10% of 2,500) Travel (100 miles per mo. X .30 X 12months) $12,027.70 100.00 160.00 250.00 600.00 250.00 360.00 TOTAL $13,747.70 9. If you have received funding from the City of Ukiah in prior years, please indicate for what year and for how much. in 1995 we received $3,000.00 to help develop our greeting card business (Brochure attached). August 26, 1998 City of Ukiah Candace Horsley, City Manager 300 Seminary Ave. Ukiah, CA. 95482 Dear Ms. Horsley: I am writing this letter to give support to Big Brothers Big Sisters, Men to Boys group. I am a single mother with an 11 year old boy. I have medical restrictions that do not allow me to spend time out doors with my son, in addition I am a mother, not a father. My son looks forward to the activities planned by Men to Boys on the coast. The men who volunteer their time are steady, caring individuals who are open to any conversation or new ideas my son may need to share with a male figure. He is learning to look at men with a new respect in his eyes. I love to hear about his outings with the group. It brings great joy to my heart and happiness to my family that there is a way to supply this need for my son. I have seen a group of boys who looked lost when they started in the group, become a group that relates to each other and to the male volunteers in a positive manner. I will give any support I can to this group. I want to continue to see the success my son is having through his participation. Thank You. C[ierrie Dafter ·, n~..~T,~ even u e. £ervice :District Director BIG BR0~S ,AND $iS~%ZRS. OF .MM/~OC~--NO COUNTI, L~C. 202 SOUTH ST.~T UKiAH, CA. 95&82 Department of the Treasury Date of Exemption: $]~-""~2~Ei~. 1974 Internal Re,enue Code S~c~ion: Refer Rel~lV to: 9&-2875100 SOl(c)( 3l Gentlemen: 'Tha,-,k you fo r sub=£' · ' - ~' ..... ,, the information shown below. We have ma~e it a par: of your f£1e. The changes indica?,ed do not adversely affect your exe=;: status and the exe:p::on let:er issue~ to you ¢ont'.nues in effec:. Please let us know '~'bcu: any ,u,ure* "c~ange in the ~ -~ - C..&. _C. · r, pu,~cse, me?,o~ of ope'r~:ion, n~e or a~dress of ~our or~n:zat~on. is a re~uire=en~ ~or re:aCh:rig your execs: s:atus. Sincerely yours, Dis:rlc~ Director ?o M~=NDO-~ BIG BEOT~-~-'RS AND BIG SISTERS, INC. BIG BEOTHZ2~ AND SIS~%ZP, S. OF~M~NDOC~--~O COUNTT, INC. :. O. Box 360 Ol, San Francisco, CA 94102 Letter 976(DO)(7-77) ./ ~ ~a~ ~n ~ur ~p~tLon for recognition of eze~ptLon. 2C~(c)(~ cf ~e ~ternA$ ReYenue Code. We ~aYe ~o'r datelined ~ou are not a pr~to -L:~ of ~ec~Lon 209(a{ of ~e Code. bec~e ~ou ar~ ~ . f~e a ~ver of exemption certificate ~ p~vid~ ~ Insu~c~ Ccntr~utio~ Act. ~ou ~ no~ liable for ~der ~e F~e~ ~e~lo~ent ~ Act ~nce ~u ~re not'a pr~tm forenoon. ~u are not ~bJect au~c=~c~llY exempt f~m o~er F~e~ exc~e t~es- . Dono~ ~Y de~c~ con~r~t~on~ to ~ou ~ p~ded ~70 of ~e Code. B~ue.~=. leq~c~ea, dev~e~, tr~fe~, or you or for ~our u~e are deductible for Federal estate 2206. ~d ~ of ~e' Code. 2f your ~o908. c~aracter, or method of cpe~tion please lot ~ ~ov so ye c~ consider the effect of t~e ch~Ge on your exempt sta~s. Al=o. you should lnfo~ ua o~ all c~tes ~n your n~e or address. Fm'm L-ITl (we,. · o . o o · · t · ..Xt 2~r groee reoelpm ee~ 2ear are nornaALT ne · ,000, tree Zaooae Tax. tW t~e 13t~ da~ of t~e flf~ noat~ after t~e end or ~cr arousal acc~mtln~ perlmd. ?~e a d~v. up tn & suAmm of ~,000. for ~aAlur~ tm ~Ale · retur~ _ ..T~u a~l ~t-rvc~A~ .~.flle Fed~raA ~nocae ~ ~~ 511 ~ ~e ~e. Zf ~ ~ ~b~ to ~Xn ~. ~u ~ file ~ ~e ~ rm~ ~ ~ ~T. ~ ~ letter ~ a~ act ~tm~~g v~r.'.: ~ of ~r p~eal or p~ ~v~ee a~ ~la~ ~ orTM ~ ~ You need nn eeeplc~er ldaatlficatioa aun~er evea if y~u have · Slncer~lT~rz. Disc.icc Dt~ccor ~ · F~'m L-I~I (Re,,. . · 8 .s~ o 1~ o E ~ Z~ ~ 0 City of Ukiah 300 Semina~ Ave. Ukiah, CA 95482 Attn. Candaee Horsley: Sept. 4, 1998 Dear Candace: Please find attached a Letter Of Support from Clay Jones, Redwood Coast Regional Center in support of the Big Brothers Big Sisters of Mendocino application for funding from the Community Organization Grant. Our grant has been submitted prior, and it is our hope that you will include this important addition to our packet. Sincerely, /}6~a Bushby. q31son ~ Manager / Inland Coordinator lg Brothers Big $1sters of Mendoeino 776 South. Stat~ St., Uklah CA 95482 (?0~) 463-4915 552 N. ~l~n.n St., Fort Bragg CA 95437 (707) 964-1228 September 2, 1998 Redwood Coast Regional Center Clay Jones, M.A. To Whom It May Concern: 1118 AJfjxrt Puk Blvd. · ~ CA 0S482 · (707~ ,m2.2e22. ~ 210 This letter is whtten in support of the efforts of Big Brothers/Big Sisters of Mendocino County to secure funding in support of "Little Brothers" who have not yet been matched with "Big Brothers." The fact that a boy has not been matched with an adult Big Brother is never a reflection on the child, but rather, on the fact that there are always more children in our communities in need of adult support, time, and role modeling than there are adults who are able to volunteer. These boys very much want to be included, to feel that they are important enough that an adult would take time to share a part of their lives and assist them with some of the difficult "speed bumps" along the road to manhood. As a Big Brother for almost six years, it is important for me to also point out that time spent with a youngster brings at least as much reward to the adult as to the child. It is a great gift to be allowed to assist in shaping the life of a young person, and children learn more from active, participative experiences than from books or television. True role modeling requires that the child and the adult spend time together in fun and productive ways. There are often no adult male role models in the lives of boys who are waiting to be matched with a Big Brother. Who will develop a supportive, nurturing relationship with these boys.9 Who will provide them, through their actions and feedback, with information about values, ethics, perception of self, and cultural expectations that shape their identity in the world? With additional funding, Big Brothers/Big Sisters of Mendocino County will be able to provide activities and events which will bring together boys who are waiting for a "Big" with men who can give time to limited activ/ties or "one time" events. This is an exciting opportunity which offers the potential to bring long term, positive changes to our communities. As a Big Brother of several years, and as a former Board member (along with my wife) of Big Brothers/Big Sisters of Mendocino County, I strongly urge you to support this request for funding. I have enclosed my business card, should you have any additional questions of me. Your kind consideration is most appreciated. Sincerely, Clay Jones 2030 Lupine Drive, Wdlits, C~ 95490 (707) 459-6264 CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application / Organization: Linkages (Community_ Care) Address: 487 North State Street, Ukiah, CA 95482 Executive Director: Cynthia D. ¢oale Name of Contact Person: Joyce Ives Title of Contact Person: Supervisor ~ Profit X Non-Profit Date: August 31, 1998 Phone: 468-9347 Phone: 468-9347 Date Incorporated: October 1984 (Please attach evidence) How long has your organization been in existence? Since October of 1984 Does your agency have an American with Disabilities Act Plan? X Yes Project Title: Linkages Program Project Location: Ukiah Location(s) of additional facilities operated by your organization: 490 North Harold Street, Ft. Bragg, CA 95437 14642-C Lakeshore Drive, Clearlake, CA 95422 No Description of total agency activities or services provided: The Linkages Program's mission is to assist frail elderly and younger disabled adults to avoid institutionalization and to remain living in their homes. The Linkages Case Manager organizes an individualized system of home care. This system includes close monitoring of the person's medical, social, and emotional status. The staff continually oversees the situation to make sure the care is adequately meeting the person's needs. Amount Requested: $4.000 Total Project Cost: $68,345 This budget covers the Linkages Program activities in the Greater Ukiah service area. The total Linkages Program budget including expenses for the Ft. Bragg and Clearlake service areas is $172,930. (It also includes the amount of $4000 we are requesting fi'om the City of Ukiah.) 1 Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: A) Number of Ukiah residents served this quarter: 43 B) Services Provided: Recent Linkages referrals appear to be more needy and medically frail than in previous years. We suspect this occurs because clients now have fewer publicly-funded resources available to them so their needs go unmet. The consequence is that their support systems collapse and they become at risk of institutionalization. These clients require extensive case management to ensure stability in the home through improved health care, ongoing safety education and assessment, as well as supportive counseling for emotional well-being. Other services provided by Linkages include medication set-ups/vital signs monitoring, the installation of emergency medical response systems and adaptive devices such as grab bars, medical transportation, minor home repairs for wheelchair ramps, money management, non-medical equipment and supplies, in-home respite, and emergency food vouchers. 2, Describe to what extent the proposed project will affect, serve, and benefit the City of Ukiah and residents: The purpose of Linkages is to assist frail elderly and younger adults with disabilities to avoid nursing home placement and to remain living independently in their homes. Our role is to assess each person's individual needs and then arrange for support services to be provided in the home. Our Case Manager monitors the home situation to ensure that the person's needs are met. With the City of Ukiah Grant, we propose to purchase the following essential services for persons of Ukiah who cannot afford them and who cannot get them by other means, such as family members or insurance: · Medical equipment and supplies not covered by Medi-Cal / Medicare. · Emergency medical response systems, so that if clients fall they can call for help immediately. · Minor home repairs and installation of assistive devices that are crucial for the client's health and safety. · Essential medications and nutritional supplements that are not covered by Medi-Cal and cannot be afforded by the client. · Money management for those who need help with budgeting their finances on a limited income, and for those who are at risk of financial abuse. · Meals-on-Wheels for physically disabled adults who are too young to qualify for the Ukiah Senior Center's program. · Transportation, including escorted transportation, for those too hail to use public transportation. · Physical therapy, occupational therapy, speech therapy, and nutrition education not covered by Medi-Cal / Medicare. · In-home help with housekeeping and personal care such as bathing and dressing. · Medication set-ups and vital signs monitoring. · Therapeutic counseling for clients who have difficulty coping with their disabilities. · Assistance with utilities when our long term clients are in crisis. Ail of these services are critical to maintaining the well-being and quality of life of frail, disabled persons in the home environment. It is less expensive to maintain a person at home with services than it is to have the State pay for nursing home placement. This grant will demonstrate to our at-risk Ukiah residents that their community supports them in their effort to remain independently at home. Without the City of Ukiah Grant, these services will not be available to our clients. Describe the specific needs within our City that the proposed project addresses. Linkages' target population is frail elderly and younger disabled adults who are age 18 years and older, who are incapacitated by chronic illness and/or functional disability, and are at risk of nursing home or other institutional placement. Linkages serves as a gap-filler program that can assist with a wide variety of needs when our clients have no where else to mm. Linkages clients are not eligible for other case management programs such as Mental Health, MSSP, Vocational Rehab, or Regional Center. There is no income criteria for eligibility to Linkages, however, the majority of our clients are low-income and have marginal ability to pay for their needs. As a result, they are even more at risk of institutionalization. Every person on our program wants to stay at home and wants to avoid living in an institution. Our younger clients are usually persons with brain injuries or early.onset of illnesses such as Multiple Sclerosis or cancer. Our elderly persons generally have multiple medical problems and often take complicated medication. All of our clients need help with some activities of daily living such as bathing, shopping, preparing meals, and managing their money. 4. Describe the geographical area of impact affected by this proposed project: OUr Ukiah service area includes the following: Ukiah, Hopland, Redwood Valley, Potter Valley, and Willits. However, currently four-fifths (4/5) of our client caseload resides in the City of Ukiah. Furthermore, the City of Ukiah Grant will be spent only on Ukiah residents. By working through Linkages, the City can help elderly persons and younger disabled adults residing in our community who are in great need. It is in the public interest for the City of Ukiah to help address the needs of these residents and support their efforts to remain a part of our community. 3 - t ""/- By providing community-based, long-term care for clients to remain in their homes, and out of institutions like hospitals and nursing homes, taxpayers' dollars are conserved. Placements in hospitals and nursing homes are very_ expensive while home care can be arranged much more inexpensively Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to complement, rather than duplicate their efforts: Linkages receives referrals bom community sources such as physicians, hospital discharge planners, home health agencies, the Senior Center, the Department of Social Services, and concerned neighbors and family members. People are referred to Linkages because the referral source sees that the person needs help and because there are no other community resources available. If the Case Manager determines that the client is eligible for other community services, the appropriate agency or service provider is contacted in order to arrange the service. Because of the close contact and good communication between Linkages staff and other agencies and service providers, there is no duplication of services. Linkages staff participate on the Multi- Disciplinary Team and the Mendocino County Coordinating Care Committee. This interchange insures that scarce resources are stretched to the maximum. By using Linkages as a vehicle through which to distribute help to bail elderly and younger disabled citizens, the City can be assured that taxpayers' dollars are targeted carefully to those in genuine need and to those who will positively respond. The Case Manager also monitors the home care situation on an ongoing basis to insure the services are being delivered and used properly. This provides further assurance that the money is being spent wisely. If the Case Manager feels that a particular service is not having the desired effect, the service can be withdrawn or redirected. In the past, Linkages received a $4,000 grant from the City of Ukiah to spend for client services. Because of this grant, Linkages was able to serve clients more effectively. Clients received important health therapies, safety equipment, transportation to medical appointments, Meals-on-Wheels for younger disabled clients, and other crucial services. These services would have b~n unavailable by any other means. Following are two examples which City of Ukiah funds made all the difference to needy Ukiah residents. One of our clients has 7% lung capacity and was unable to prepare a proper diet for herself. With City of Ukiah funds, Linkages has been able to pay for Meals-on-Wheels, thereby, her health dramatically improved and frequent hospital visits were avoided. Another client had back surgery and the hospital would not discharge her until she had some in-home care in place. There was a problem because the client did not qualify for government assistance and yet, did not have adequate income to cover her living expenses, the cost of new prescription medieatiort, and in-home help. Linkages brought the client home and paid for housekeeping and personal care attendants with City of Ukiah funds until the client was able to do more for herself. These clients are only two of the many who have benefited bom City of Ukiah funding. e Where in Mendocino County are similar services provided and by whom: No one else in Mendocino Coun _ty provides these services to this population. Home Health Agencies provide case management only on a very short-term basis and only to those clients who primarily have Medicare coverage. Even with coverage, benefits are restricted. Home Health Agencies are unable to purchase necessary support services because of these restrictions. Formerly, Adult Protective Services did provide case management for adult abuse cases. However, due to budget cuts, this is no longer available. 7. Describe the current sources of your organization's funding: BUDGET DATA California Department of Aging - Linkages Grant ...................... $152,231. California Department of Aging- Respite Grant ........................ $ 4,727. Area Agency of Aging - Title III-D Grant & Title III-B Grant ........ $ 12,972. Most of these funds cover Linkages Program activities in both Lake and Mendocino Counties. The Greater Ukiah service area expenses run at approximately $68,345. We plan that the Linkages Program will continue to receive its basic funding from the State through the California Department of Aging. We received a grant for Fiscal Year 98/99 through the Area Agency on Aging (Title III-B and III-D Grants). We plan to continue our local fundraising, including requests to local service clubs and organizations such as Soroptomists and Church Women United, etc. Describe your proposed program budget (specify revenues, by sources, ns well as expenditures, by type): See attached Linkages Budget 1998-99. It will be necessary to continue to supplement the State funding by other means. The additional funds will be used to supplement the Program's ability to purchase needed services for clients. ® If you have received funding from the City of Ukiah in prior years, please indicate for what years and how much. For Fiscal Year 1992-93 we were awarded $5,400 fi.om the City of Ukiah. For Fiscal Year 1993-94 we were awarded $4,000 fi.om the City of Ukiah. For Fiscal Year 1995-96 we were awarded $1,000 fi.om the City of Ukiah. The above reduction in awards fi.om the City of Ukiah reflects the economic condition ofthe City, and not .Linkages' service needs. 5 ATTACHMENT LINKAGES BUDGET 1998-99 STATE FUNDING California Dept. of Aging - !.~nkages Grant A. PERSONNEl, Ukiah Case Manager 100% Fort Bragg Case Manager 50% Clearlake Case Manager 100% Secretary 60% Fiscal 60% Payroll Taxes, Health Ben., Term. Vac. Total Personnel $25,427 $12,714 $25,427 $10,584 $15,803 $89,955 $26,900 B. OPERATING EXPENSE.q General Printing/Copying Communications Postage Travel Equipment Maintenance Facility Operations Indirect Salary Expenses Total O.E. $3,525 $1,200 $4,500 $700 $3,200 $1,000 $9,307 $11,944 Co PURCHASED SERVICES Grant Total 2. California Dept. of Ag'lng - Respite Grant LOCAL FUNDING 1. Area Agency, on Aging - Title ITI Grarlt.~ 2. City. of Ukiah Grant (applied for) $116,855 $35,376 $0.00 $152,231 $4,727 $12,972 $4,000 Total Funding $173,930 NOTE: This budget covers Linkages Program activities in both Lake and Mendocino Counties. The greater Ukiah service area expenses nm at approximately $68,345. This area includes Ukiah, Willits, Hopland, Redwood Valley, and Potter Valley. STATE OF CALIFORNIA FRANCHISE TAX BOARD SACRAMENTO, CALIFORNIA 95867 December lq, 198q Community Care Management Co=potation c/o Cynthia Dean Coale qg? Leslie Street Ok/ah, CA 95~82 Purpose : Charitable Form of Organization : Corporation Accounting Period Ending.' June 30 Organization ~umber : ~],~~ In .reply refer to 3q2:APP:R~H=laz:g i ' · DEC 17 :gS On the basis of the info=ma%ion submitted and provided your present operations continue unchanged o= conform to those proposed in you= application, you are exempt from state ~ranchise or income tax under Section 23701d, Revenue and Taxation Code. Any change in character or purpose of the organization must be reported immediately to this office so that we may determine the effect on you= exempt status. Any change of name or add=ess also must be reported. You are required to file Form 199 (Exempt Organization Annual Info=mat%on Return) o= Form 199B (Exempt Organization Annual Information Statement) on o= before the lSth day of the Sth month 1/2 months) after the close of your accounting period. See annual instructions ~£th forms fo= requirements. You are not required to ~ile state franchise o= income tax returns unless you have income sub~ec{ to the un=elated business income tax under Sect/on 23731 of the Code. In this event, you are required to file Form 109 (Exempt Organization Business Income Tax Return) by the 15th day of the $th month (q 1/2 months) after the close o~ you= annual accounting period. the omganization is incorporating, this approval will expire unless incorpomation is completed with the Secretary of State within 60 days. Exempt/on from federal income or other taxes and other state taxes requires separate applications. Decembe~ 14, 1984 Community Care Management Corporation Organ£zation Humbe~ 1260447 Page 2 Th~s exemPt/on is gra~ted on the expkess condition that' the .. . organization ~ill secure Eederal exempt Status With the Internal Revenue Service. The organization is required to Eurnish a copy the Einal ~etermination letter'to the Franchise Tax Board ~ithin months Erom the date o~ this letter. This exemption eE~ective as oE October ~1, 198~. Exempt Audit Unit Telephone (800) 852-7050 cc: Registrar o~ Charitable T=usts Internal Revenue Service District Director Department of the Treasury 36001 SIDc' SF-4-4-46 Date: N[Y~'. 10, 1959 COl~tUr¢ [ W C,~FE t4~t{AGEI~ENT Dgrd)C~h3 I 4:37 LEELIE ST Ul[l f'~, F.~ En, p I o':,,er ] denk i f i cat ion Nu,i:~er: Case 95~620377 ~,ntact F'er'~or'~: C~ntact Te I ephc~e ~J~ber: (415) 55G-O31S Our Lebte~ Dated: April 15, [9E:5 Caveat App I i %his ~odifi~-s our letter of the a'b.3ve ciete in ~;l~ich we ~tated that you Hcold be treated as an organizatic~ ~hich is not ~ private foundation until t~e e,>:piration of your advance ruling ~riod. Based on f. he infor,~ation you suk~ibted., we have del:ermined that ycu are not a private fourdatio~ NifJ~in tl'e m~ning of se:tim 509,:a) of t~ ]nter~l Revere ~de, ~u~e y~u ~re an organization of bhe type ~:rib~d in secti~ 5~a) (1) a~d 170,:b)(1~)(,,'i). 5~ur e~rempt ska~ u~der s~:tion 50] (c)(3) of ~e cc, r~ is still in effect. Grantors and contr'ibutor's may rely'on lhis determination until the ]nterrc~i Re,.,~r~e _C~r¥i¢£. publishes a ~3tice to the c¢,nl:rar~¢. How~,.er~ a grantor or a cc~tributc, r ~a¥ not rely c~n this dete~ainal:ion if he or she in parb resF~nsible for~ or ~as a~re of~ the act or failure to act: that resu I t~d in your loss c,f sect ion 509 (a) (1) status~ or acqu i red b~=. ledge_ that ~he ln~__rnal Rever, r.~ Service had Given notice thai: you ~ould be renoved froa cla~.sification as a section 51~(a)(1) organizab~on. P,c<ause this letter could help rem=lye any questicns about your pri~te foundaLion status, please keep ii: in your per~anent records. IF the heading of fJ~is letter indicates that a caveat applies, the cavbnt belo. or on f~e ~nclosure is an integral part of t:his letter. If you lave any questions, please con~act tl-~ person ~hose nam teleph3ne nunber are shc,~n above. $ i ncere I y yours., Micl~el J. [[,inn~ D i .~[r i ct [3 i ,'r.,cb~r Letter 1050(£5) INTERNAL REVENUE SERVICE · . DEPARTMENT OF THE TREASURY Date, ,APR 1~ ]965 Con'~munity Care Management Corporation 497 ~eslie Street Ukiah, CA 95482 Employer Identification Numberz 68-0046074 Accounting Period End: June 30 Foundation Status Classification: 509(a)(1) & 170(b)(1)(A)(vi) Advance Ruling Period Ending: June 30, 1989 Person to Contactz Taxpayer Service Representative Contact Telephone Number~ (800) 424-1040 -. Dear Applicant: Eased on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax' under section 501(c) (3) of the Internal Revenue Code. Because you are a newly created organization, we are not now makin9 a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably be expected to be a publicly supported organization described in section !70(D) (1) (A) (vi) and 509(a) (1). Accordingly, you will be treated as a publicly supported organization, and not as a private foundation, during an advance ruling period. This advance ruling period begins on the date of your inception and ends on the date shown above. Within 90 days after the end of your advance ruling period, you must submit to us information needed to determine whether you have met the requirements of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, you will be classified as a section 509(a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support require- ments during the advance ruling period, you will be classified as a private foundation for future periods. Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of your inception for purposes of sections 507(d) and 4940. Grantors and donors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within the 90 days, grantors and donors may continue to rely on the advance determination Box 36001, San Francisco, CA. 94102 Letter 1045(D0) (10-83 STATEMENT BY DOMESTIC P.O Box 944230 ~cramenlo. CA 94244-0230 P~me: (916! 445.2020 NONPROFIT CORPORATION THIS STATEMENT MUST BE FILED WITH C;~LIFORNIA SECRETARY OF STATE (SECTIONS 6210, 8210, 9660 CORPORATIONS CODE) · "~' '"'::" ;'" 'THE $5 FIL'iNG"FEE '~qUST .ACCOMPANY'''THiS ~: 1. C1260~,47 PB DUE DATE 10-31-90 06918N COHHUNITY CARE MANAGEMENT CORPORAT[0N 487 N. STATE ST UKIAH. C& 95482 DO NOT ALTER PREPRINTED NAME.. IF ITEM I IS BL.ANK. PLEASE ENTER CORPORATE NAME DO NOT WRITE IN THIS SPACE THE .. CALIFORNIA.:CO ,R,~OR~,TI O N .'.NAM E,D' HERE, IN,% MAKES ;THE ~FOLLOWING ".:STATEM E NT:~;:~ ~:...': ..~,.:,~. ,. :.;.~:~.,. '~. ~rREE"T ADDRESS OF PRINCIPAL OFFICE I1F NONE. COMPLrr~ :~,,SI) 487 No. State St. (OO NOT USE P.O. BOX NO.} MAltING ADDRESS 487 No. State St. ~L/rr~ OR ROOM ~SUrTE OR ROOM 3A. Ukiah California crrY ANO ~TATE Ukiah California CrTY AND 95482 ZI~) CODE 95482 CODE .o Craig McMillan, M.D. CHIEF EXECL~IVE OFFICER Sharon Weeks, MSW ~EcRrTARY See above CHIEF FINANCIAL OFFICER 3444 Black Bart Trail. BUSINESS OR RESIDENCE ADDRESS ~ NOT U~E P.O. BOX) 4936 Konocti Bay Rd. IUSINE$S OR RESIDENCE ADDRESS (DO NOT USE P.O. BOX) 'RidWood 'Valtd'y""CA ' crrY AND Kelseyville CA CIT~ AND AND ~I'AT[ NAME Craig McMillan, M.D. CALIFORNIA ~3'REE~r ADDRESS IF A~E~rT IS AN INOIVIOUAL ~ NOT USE P.O, BOll DO NO? I~C~U~I AOOS~Sl ~ A~l~r SI A COaPOaAI~ON 3444 Black Bart Trail &C. 95470 ZIP CODE SC. 95451 ZIP CODE 6C. ZIP CODE Redwood VAlley CA 95470 I DECLARE THAT I HAVE EXAMINED THIS ~TATEMENT AND TO THE BEST OF MY KNOWLEI:X~E AND BELIEF, IT IS TRUE. CORRECT AND COMPLrrL DATE TITLE 'tYPE OR PRINT NAME OF SIGNING OFFICER OR AGENT ilGNATURE ... COMMUNITY CARE Linkages Program 487 North State Sa'e. et, Ukiah, California 95482 (707) 468-9347 · Fax: (707) 468-5234 Ms. Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 August 31, 1998 Dear Ms. Horsley: Please accept our application for the Linkages Program to re. quest funds from the City of Ukiah. We are asking for $4,000 to purchase basic and essential home care services for our frail elderly and younger disabled clients residing in Ukiah who cannot afford them. These services are crucial to help maintain persons living in their homes, and to avoid more costly and dehumanizing nursing home placement. In the past, the City of Ukiah has made a positive impact on the lives of Linkages clients. With City of Ukiah funds, Linkages has been able to purchase many services that were not funded through other community agencies and sources, including: · Medical equipment and supplies not covered by Medi-Cal or Medicare. · Emergency medical response systems so that if clients fall they can call for help immediately. · Minor home repairs and installation of adaptive devices to ensure safety and handicap accessibility in the home. · Essential medications and'nutritional supplements not covered by Medi-Cal and not affordable to clients. · Vital signs monitoring and medication set-ups for those with unstable blood pressure and heatx/lung conditions. · Money management for clients who have cognitive impairment and/or who are at risk of exploitation because they cannot manage their finances and personal affairs. · Transportation, including escorted transportation, for those who are too frail to use public transportation. · Respite to provide temporary substitute caregiving to family members who are exhausted from providing constant care to their loved ones. · Emergency assistance with utilities and food for long-term clients. Without renewed fundin~ from the City of Ukiah~ these services are unobtainable by any other means. The Linkages Program is viewed as a resource of last resort by physicians, Home Health Agencies, Social Services, and other members of the community. We urge you to support the needs of Ukiah's Linkages clients. We hope you will be able to pledge your support of the Linkages Program and fund our request. Sincerely, Executive Director CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDINC' 1998/99 Application/Organization: Ford Street Project Address: 139 Ford Street Ukiah, CA 95/+82 Executive Director: t~,ark ]~. Rohloff Name of Contact Person. ~rk S. Rohloff Title of Contact Person: Execul:tve D~rector ..__ Profit ~ Non-Profit Date incorporated: How long has your organization been in existence? Date: Sepl:ember 3, 1998 Phone: (707) /+62-1934 Phone: 462-1934 -- 5-1/+-80 _ _ (please attach evidence) 25 years (1973) Does your agency have an Americans with Disabilities Act Plan? _ Yes _ No Project Title: Garden Courl: A arl:menl:s C Project Location: 1175 So. Sl:al:e Si:., 139 Ford Si:reel: Location(s) of additional facilities operated by your organization: 1. 748-754 ~augh Lane (l:ransil:ional housing) 2. 1175 So. Stal:e Streel: (Garden Courl: Apar~menl:s. permanenl: housing for menl:ally disabled clients) ' 3. 309 E. Redwood Ave. ~ Forl: Brags. Coast Communil:y Center. 4. 12 add:Il:tonal unil:s of "scal:l:ered sil:e" l:ransil:ional housing in Ukiah and Fort Bragg. Description of total agency activities or services provided: FsP provides shell:er, housing and support services to homeZess individuals and family members in the Greal:er Ukiah area and on the Hendoc/.no Coast. It provides drug and alcohol treal:menl:, in- cluding a sl:al:e licensed social model detox program, a lsl: offense DUI program, a post-del:ox restdenl:tal program, and several oul:pal:ienl: programs which feature drug/alcohol educal:ion, groups and I-I counseling. Ford Sl:ree£ also provides employmenl: services to mental health clienl:s Jail counsel/rig services, AIDS outreach and educal:ion, money management asstsl:ance f;r disabled cl . . the Coasl: Communit Cenl:er t: ar,,oo ...... tents FSP also operal:es Y in For_ __ a - oo, erring homeless and indigent clienl:s. Amount requested: $ 3,2 ! 0.* - Total Project Cost: $ ],/^ ** ?.lease see cover lel:l:er Poge ] of 3 le , Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: During the quarter of June, July and August, the following numbers of Ukiah residents were served: Emergency Housing = 53; Transitional Housing = 45; Permanent Housing -- 12; Outpatient Counseling -- 40. Descn'be to what extent your project will specifically affect, serve and benefit City of Ukiah residents: The l~vo programs for which we are making requests in this application are the Garden Court Apax~ents and the Guest House. Garden Court benefits City of Ukiah residents by permanently housing citizens who would otherwise be homeless, perhaps creating problems for citizens on the streets, or, if housed elsewhere, creating problems in their residences. The Guest House benefits residents in that it takes in people who would likely be draining city resources and creating difficulties for citizens in public places. Describe the specific needs within our City that your proposed project addresses: This has hopefully been addressed to some extent in #2, but there has been an expressed need by the City of Lrkiah to address its homeless problem and thus reduce the strain on City resources that providing assistance to this population entails. . Describe the geographical area of impact affected by this proposed project: The geographical area of impact affected by this proposed project is Greater Ukiah. Se Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to complement, rather than to duplicate their efforts: Ford Street currently coordinates its services with several Ukiah- based agencies for the purpose of avoiding duplication of effort. We work closely with the Llkiah Community Center to assess our clients for referral, and we receive case management assistance from UCC for our homeless clients. We coordinate our efforts with Project Sanctuary to ensure that the needs of families who have been victims of domestic violence are being addressed. We also work closely {through contracts) with the Department of Mental Health and the Division of Alcohol and Other Drug Programs for the purpose of providing support services to persons with psychiatric disabilities and/or alcohol and drug problems. Page 2 of 3 e Where in Mendocino County are similar services provided and by whom? In Mendocino County, the services provided by these two projects are provided by Hospitality House in Fort Bragg (shelter) and by Ford Street Project in Fort Bragg (transitional housing). Also, shelter and transitional housing are provided by Project Sanctuary as well, but these services are limited specifically to victims of domestic violence. General housing programs are also operated by the Community Development Commission and Rural Communities Development Housing Corporation. . Describe the current sources of your organization's funding: Ford Street Project currently receives funding from a variety of federal (PATH, SAMHSA, Supportive Housing Program, FEMA), state (F.E.S.G., Drug Court) and local (Departments of Mental Health, Social Services, Public Health DAODP) and the City of Ukiah [Redevelopment]). Ford Street also receives funds from United Way. Finally, Ford Street gets a sizable amount of income from client fees and rental income. . Describe your proposed program budget (specify revenues, by sources, as well as expenditures,) by type: Garden Court is a nine-unit apartment complex (6 one-Bedroom, 3 two-bedroom) with an annual budget of $22,000, all of which is provided through rental payments. The Guest House budget for 1998-9 is, by contrast, extremely complex, since a number of program activities occur on its premises for a wide variety of client populations. Since Ford Street is not requesting funding assistance for a separate Guest House program, a program budget appears to be non-applicable. , If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: Ford Street has received funding from the City of Ukiah in prior years through the Ukiah Redevelopment Agency. Through URA assistance in 1985, we received $36,600 to cover pre-deve- lopment costs for the Garden Court Apartments; $6,500 in 1987 for pre- development costs on our Guest House; $65,000 of the county's share of City of Ukiah Redevelopment funding for Guest House construction, and an additional $35,000 of funding from the City for the same project. These last two grants occurred in 1998. Thank you for completing this application! Page 3 of 3 A UN]TED WAY AGENCY THE FORD STREET PROJECT, INC. 139 FORD STREET UKIAH, CA 95482 TELE. 707-462-1934 FAX 707-468-9860 September 3, 1998 Application Review Committee City of Ukiah 300 W. Seminary Ave. Ukiah, CA 95482 Dear Members of the application Review Committee: Attached please see our application for funding assistance from the City of Ukiah. Our needs for funding assistance is as follows: $1~450 for tree trimming at the Garden Court Apartments. For a fuller explanation ofthe work that needs to be done, I am enclosing the estimate provided by Timberlake Tree Service. The trimming of our ash trees is a necessary project and one, I believe, which is well known to the City of Ukiah, as it has concerned air easement for the adjacent airport. There are also other tree problems at the apart- ment complex, which we have not been able to address for lack of funds. $1~760 for a new copier to be used by staffat the expanded Guest House. Our increased filing needs dictate a copier on the Guest House premises. The machine in question is a Minolta EP 1031 CS/PRO series model, and it represents the least expensive model we can safely use for our needs. Our request to the City of Ukiah for funding assistance should be regarded as the sum of these two figures, or $3~210. Recognizing that the City is liable to be receiving a number of requests for funding assistance, please regard ours as detachable. If the City is forced to detach requests 1 and 2, we regard 1 as the most pressing for the agency, even though both are essential. Thank you for making these funds available to us and for your attention to this request. Sincerely, Executive Director - F'RC~ : F'C~ ~TREET P~CT - FRDM : FORD STREET PRD,.TECT ~ NC). : 71~? 468 cJeE)O Se:p. 88 $cjc:J8 1~:47Y:~ P2 ,. ~amove ~aa~ ~ f~m Trees ............ C~ean ?ree~ ............................ To~'r,,..., . .. IKai~e 1'ree~ ............................ Iq~ve Trees .......................... .e/ .............................. ~.T~,. ~ ................. Ch~ .............................. wow out into 16' ~ ................... WIlfUl .... Leave Woocl lot Oysters .................. ,large ~ck~ 1'mk ...................... Haul Away ~ ........................ Haul Chips (e,c,~aK ~, I*~em~e4 ~ ~ M~Vm) tAr~hoLJI Cteln-up .................. IPEOIA~ fN~AU~"TIONS ld~hod M pM/~M~ C~ G1tm~ ~) Om4'~ Oea C3 I~ ~ L'toqblnmmilwtlma~tOlfl~tnifal~aalitouaiou, Pl~l~ CITY OF UKIAH COMMUNrrY ORGANIZATION APPLICATION FOR FUNDING Application/Organization: Habitat for Humanly,. Mendocino Inland Affiliatf Date: 9/4/98 Address:. P.O. Box 3 ~78: Ukiah.. Ca 95482 Executive Director: none Board President: Michael Hunter Phone: 462-4272 Name of Contact Person: Tecy Bantlt Title of Contact Person: Fundrai.qing Chair Phone: 468-12M home/743-1142, ext 55 ..... Profit ..... Non-Profit Date Incorporated: 5/21/93 How long has your organization be in existence? Nationally ~ince tho lc/60's, locally ~inco 1991 Does ),our agency have an Americans With Disabilities Act Plan?_ yes no We have no permanent office space. When we are building homes, we meet the needs of the new home owners. Currently, one family has a son in a wheel chair whose needs will be accommodated in building the home. Project Title: Habitat for Humanity. Mendocino lnland'.q Peach ,C;treet Proiect · Project Location: On the comer of Peach and Leslie St~.: on the comer north of tho ~enior Center Locations of additional facilities operated by your organization: There is currently no office space occupied by Habitat for Humanity, though an agency has suggested that they would be willing to make some space available in an office for us. Discussions will be pursued within the next 2 weeks. Description of total agency activities or services provided: Habitat for Humanity, Mendocino Inland is part of a national organization which builds homes for low income families using volunteer labor, and donated funds and materials. Our affiliate is currently building two homes at the comer of Peach and Leslie streets for two local low income families. We provide a permanent housing solution for those families unable to get into the housing market, who would be stable productive citizens. Amount requested: $2500 Total Project Cost: To purchase windows and plumbing for the project Page 1 of 3 5;72.000 le Please list the number of Ukiah residents that were served b~ your organization this quarter and the services that were provided: The Habitat homes currently being built will create permanent housing solution for 10 people in the city of Ukiah. As they repay their 20 year zero interest loans, the money will be used so more housing can be built for low income families. Two hundred or more volunteers are involved in one way or another. We help keep them healthy (physically fit) and the increased endorphin levels (generated from the good feeling of sharing and doing for others) assures they have healthier immune systems too! 2. Describe to what extent your project will specifically affect, serve and benefit City of Ukiah residents. Beside providing housing for local low income families, there are other benefits: We have a neighborhood beginning to work together to deter vandalism in the build area. Prior to this time, people in the area had given up. It's like a revitalization of an area occurs because Habitat chooses to build on a site; neighbor feel valued, and their support is actively sought. 3. Describe the specific needs within our city that our proposed project addresses: -Low income housing: clean, affordable housing that allows pride of ownership to evolve. -Stability and security: one family at a time is removed from risky situations and set on a path that allows them to be secure and to prosper. Families are given greater control over their lives with home ownership. -Renew'al: revitalization, development of pride occurs when a Habitat project chooses a neighborhood to work in. People feel valued in that neighborhood. 4. Describe the geographical area of impact affected by this proposed project: The Leslie Street area. Ukiah in general; people know that major corporations work with Habitat. They know the work will go on, no matter who is in office. 5. Describe how your program will coordinate with other agencies and organizations in providing similar service to this area to complement rather than duplicate their efforts: Habitat has met with RHDC to see if the government program might work with us in any · way. Additionally, we are meeting with the Community Development Commission to see if there is a cooperative venture which might be attempted. Page 2 of 3 6. Where in Mendocino County are similar services provided and by whom: Rural Housing Development Commission builds sweat equity homes in Ukiah; Habitat for Humanity has an affiliate on the coast in Mendocino County. 7. Describe the current sources of your organization's funding: Fundraising: Individual donations Church support Corporate donations Business donations Benefit Play at UPT each year Homegrown Talent Show at Low Gap Park annually Booth for sales at the Concert in the Park Series 8. Describe your proposed program budget (specify revenues, by sources, as well as expenditures by type): Iterrl Revenue Exr~enditure 5;ource & Land Foundation Concrete Framing Material Siding and interior doors Stoves for both homes Current bank account Talent Show Play Benefit Performance 50,000 50,000 2,147 10,000 1,000 2,500 grant Donation-Parnum Paving Donation-Harwood Foundation Masonite Corporation Donated Pardini Appliance Fundraising, donations The Budget for the proposed home without corporate donations is $135,000 which included the cost of the land. Monthly donations vary; fundraising continues. 9. If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: $50,000 grant Low Income Housing Redevelopment Agency 1997 Provided land'purchase $10,000 grant Low Income Housing Redevelopment Agency 1998 For improvements only street, curbs, gutters, etc. Thank you for completing this application! Page 3 of 3 FAX Cover Page From Habitat for Humanity Mendocino Inland Tecy Banta 468-1231/ FAX 468-1233 To Karen Yoast/Candace Horsley Grant Application 4 pp. including cover sheet. State non-profit status will be faxed in about 40 minutes. From: Habitat for Humanity Mendocino Inland Affiliate P.O. Box 1378 Ukiah, CA 95482 TO: Carpenter's Clu. b pledge .Card Yes! I am committed to bml&ng low cost housing x..../with Habitat, Mendocino Inland a,~-- i;I . because I can afford · - more than a basic pledge ~ PLEASE MAIL YOUR CHECK TO: HABITAT FOR HUMANITY, IVIENDOCINO INLAND P.O. BOX 1378 UKIAH, CA 95482 FAX Cover Page From Habitat for Humanity Mendocino Inland Tecy Banta 468-1231/ FAX 468-1233 To Karen Yoast/Candace Horsley FAX 463-6204 Bylaws for Habitat for Humanity, Mendocino Inland A California Nonprofit Mutual Benefit Corporation 16 pp. including cover sheet BYLAWS OF HABITAT FOR HUMANITY MENDOCINO INLAND A California Nonprofit Mutual Benefit Corporation ARTICLE ! 1.01 The name of this organization shall be: HABITAT FOR HUMANITY MENDOCINO INLAND ARTICLE 2 OFFICES OF THE CORPORATION 2.01 PrinciDal Office The principal office for the transaction of the business of the corporation is located in Ukiah, California. The directors may change the principal office from one location to another. Any change of this location shall be noted on these bylaws or may be amended to state the new location. 2.02 Other Offices The board of directors may at any time establish branch offices at any place or places where the corporation is qualified to do business. ARTICLE 3 AFFILIATION AND RULES OF ORD~ 3.01 Affiliation HABITAT FOR HUMANITY MENDOCINO INLAND is a nonprofit corporation, an affiliate, of HABITAT FOR HUMANITY, INC., headquarters in Americus, Georgia. All business shall be transacted within the limits outlined in the covenant (Appendix I) existing between Habitat for Humanity, Inc. and Habitat for Humanity Mendocino Inland. ' 3.02 Approval by Majority Vote If a quorum is present at meetings of board of directors, the affirmative vote of a majority of the directors~ represented at the meeting shall be the act of the Board. ' ARTICLE 4 PURPOSE 4.01 General Purpose This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable and public benefit purposes. The Corporation is a Christian ecumenical organization but invites and -1- welcomes the participation of people of all faiths who are committed to the principles which it embraces. 4.02 Non-partisan Activities This Corporation has been formed under the California Nonprofit Public Benefit Corporation Law for the public benefit, charitable and educational purposes, and it shall be nonprofit and nonpartisan. This Corporation shall not attempt to intervene in any political campaign on behalf of any candidate for public office or for or against any cause, measure or proposition being submitted to the people for a vote. The Corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purpose described. 4.03 Specific Purposes Within the context of the general purposes stated above, this Corporation shall: (a) Form a local Board of Directors organized in accordance with state laws governing non-profit organizations. (b) Build or renovate housing to be sold at no profit and no interest. , (c) Establish clear guidelines to choose recipient families by a non-discriminatory selection process. (d) Develop a list of expectations for participation by the recipient families to include such concepts as contractual agreements, down payment, progress payments, sweat equity, and community responsibility. (e) Develop ways to create a spirit of loving community among the people involved in the project. (f) Make sure the dwellings are adequate and within the ability of the families to pay. (g) Put all income from repayment of loans into revolving Fund for Humanity to build or renovate more housing. (h) Keep accurate financial records that are open for review by anyone and provide an annual report. (i) Develop an on-going fundraiSing plan. (j) Own and maintain or lease suitable real estate and buildings, and any other personal property which is deemed necessary by the Board of Directors for the Corporation's purposes. (k) Enter into, execute, make, perform, and carry out -2- contracts, agreements and other activities of any kind for any lawful purpose, without limit as to amount. ARTICLE 5 MEMBERSHIP The Corporation shall make no provisions for members. Pursuant to Section 5310(b) of the Nonprofit Public Benefit Corporation Law of the State of California, any action which would otherwise, under the Articles of Incorporation or Bylaws of this Corporation, require approval by a majority of all members or approval by the members, shall only require the approval of the Board of Directors. Any person who attends meetings, makes financial contributions or who has expressed interest in the goals and purposes of the organization may be known as a "partner" of the corporation. Such partners, shall however, have no voting rights. ARTICLE 6 DEDICATION OF ASSETS The properties and assets of this nonprofit Corporation are irrevocably dedicated to public benefit purposes. No part of the net earnings, properties, or assets of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any member or director of this Corporation. On liquidation or dissolution, all properties and assets and obligations shall be distributed and paid over to an organization dedicated to public benefit purposes, provided that the organization continues to be dedicated to the exempt purposes as specified in Internal Revenue Code Section 501(c) (3). ARTICLE 7 BOARD OF DIRECTORS 7.01 powers Subject to the provisions of the California Nonprofit Corporation Law and any express limitations in the Articles of Incorporation and these Bylaws, the business and affairs of the Corporation shall be managed, and all corporate powers shall be under the direction of the Board of Directors. 7.02 S~pecific Powers Without prejudice to the general powers outlined in Section 7.01, and subject to the same limitations, the Board of Directors shall have the power to: (a) Select and remove all officers, agents, and employees of the Corporation; prescribe any powers and duties for them that are consistent with local, state and federal law, within the Articles of Incorporation, and with these Bylaws; and fix their compensation if any. -3- (b) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation,s purposes, in the corporate name, Promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hyPothecations, securities and other evidences of debt. (c) Enter into, execute, make, ~erform and carry out contracts or agreements of every kind and amount on behalf of the Corporation. 7.03 Number The number of elected Directors shall be not less than twelve (12) nor more than twenty (20). Within that range the Board of Directors may fix the exact number of elected Directors. 7.04 ~Term (a) Each Director of the first Board of Directors shall hold office for a term which will last until his or her successor is elected at the first annual meeting of the Board of Directors. (b) Each Director elected at annual meetings subsequent to the first annual meeting shall serve for a term of two-years and shall serve no more than 3 consecutive terms, except to fill the office of immediate past president, however, that this limitation may be waived for an individual Director by a vote of two-thirds of the Board of Directors. This provision shall not restrict the overall number of terms a Director may serve on the Board of Directors. Initial directors shall, however be elected to staggered terms, i.e., one half of the directors shall be elected to one year terms while the other half shall be elected to two year terms 7.05 Qualificatio'ns of Directors Each Director in order to qualify for office, must: ' (a) Have a sincere interest in the work of the Corporation; (b) Be willing to attend monthly meetings of the Board of Directors; ~ (c) ~e willing to accept the responsibilities of the position; (d) Support the purposes and objectives of Habitat For Humanity Mendocino Inland, Inc. and; (e) Sign the written covenant of support for the purposes and objectives of Habitat for Humanity International. (f) Not be an owner of a residence constructed by Habitat for Humanity or have any future interest in such ownership. -4- 7.06 Procedure for Selection of Directors; Initial Selection After the initial Board of Directors is selected, vacancies shall thereafter be filled by the vote of a majority of the Directors then in office, or by a sole remaining Director should such need arise. Notwithstanding anything else in these Bylaws, no Director may lea~e office when the Corporation should then be left without a duly appointed and acting Director in charge of the affairs of the Corporation. 7.07 Termination~ Removal Directors shall terminate: Membership of the Board of (a) Automatically on the written resignation or death of a Director; or (b) On the incapacity or inactivity of a Director, or failure of the Director to maintain qualification for office, as determined by the vote or written assent of two-thirds (2/3) of the remaining Directors, excluding the vote of said Director. (c) If a Director fails to attend at least three (3) consecutive meetings of the Board of Directors per year (unless excused by a majority of the Board of Directors). (d) After a Director has served three consecutive terms or six years, whichever is greater, on the Board of Directors, unless the Board waives this limitation pursuant to Article 6.04(b). 7.08 Compensation No more than 44% of members of the Board of Directors may be interested .directors, i.e., receive compensation for services rendered. The Board of Directors may however, authorize the Corporation to reimburse a Director for expenses actually incurred by the Director in the conduct of the affairs of the Corporation. No more than 44% of the 7.09 Quorum A majority of the authorized number of directors currently in office shall constitute a quorum for the transaction of business, except to adjourn. Every action taken or decision made by a majority of the directors.present at a duly held meeting at which a quorum is present shall be the act of the board, subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to: .~ (a) Approval of contracts or transactions in which a director has a direct or indirect material financial interest; (b) Approval of certain transactions between corporations having common directorships; -5- (c) Creation of and appointments to committees of the board; (d) Indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, .despite the withdrawal of directors, if any action taken or decision made is approved by at /east a majority of the required quorum for that meeting. 7.10 Regular and Annual Meetings Regular meetings of Directors shall b~ held on a monthly basis at times to be determined by the Board. Since this corporation makes no provision for members, at the annual meeting of the corporation, directors shall be elected by the Board of Directors in accordance with this section. Cumulative voting by the directors for the election of directors shall not be permitted. The candidate receiving the highest number of votes up to the number of directors to be elected shall be elected. Each director shall cast one vote, with voting being by ballot, only. 7.11 S_pecial.Meetings Special meeting of the Board of Directors may be called by the President or if he or she is absent or unable or refuses to act, by the vice-pres/dent, or by any two directors, and such meetings shall be held at the place, or within or without the state of California, designated by the person or persons calling the meeting, and in the absence of such designation, at the principal office of the corporation. 7.12 Notice of Meetings Regular meetings shall be held with an announcement of time and place published in newspapers of general circulation within inland Mendocino County. Special meetings of the Board shall be held upon four (4) days' notice by first class mail or forty-eight (48) hours' notice delivered to directors personally or by telephone or telegraph. If sent by mail or telegraph, the notice shall be deemed to be delivered on its deposit in the mails or on its delivery to the telegraph company. Such notices shall be addressed to each director at his or her address shown on the books of the corporation. Notice of the time and place of holding an adjourned meeting need not be civen to absent directors if the time and place of the adjourned me'ting are fixed at the meeting adj0urne~ and if s~ch adjodrned meeting is held no more than twenty"four (24) hours from the time of the original meeting. Notice shall be given of any adjourned regular or special meeting to directors absent from the original meeting if the adjourned meeting is held more than twenty four (24) hours from the time of the original meeting. 7.13 Contents of Notice Notice of meetings not herein dispensed with shall specify the place, day and hour of the meeting and the general nature of the business to be transacted. -6- 7.14 Waiver of Notice and Consent to Mold Meetings The transactions of any meeting of the Board, however 6alled and noticed or wherever held, are valid as though the meeting had been duly held after proper call and notice, provided a quorum, as defined herein, is present and provided that either before or after the meeting each director not present signs a waiver, consents to holding the meeting, or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. 7.15 A~djournment A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. 7.16 Notice of Adjourned Meeting Notice of the time and place holding an adjourned meeting need not be given unless the original meeting is adjourned for more than twenty-four hours. If the original meeting is adjourned for more than twenty-four hours, notice of any adjournment to another time and place shall be given before the time of the adjourned meeting, to the directors who were not present at the time of the adjournment. 7.17 Action Without Meeting Any action that the board is required or permitted to take may be taken without a meeting if all members of the board consent in writing to the action, p~ovided that the consent of any director who has a material financial interest in a transaction to which the corporation is a party and who is an "interested director" as defined in Section 5233 of the California Corporation code, shall not be required for approval of that transaction. Such action by written consent shall have the same force and effect as any other validly approved action of the board. All such consents shall be filed with the minutes of the proceeding of the board. 7.18 Committee Appointment~ The board shall appoint at least one of its members, except the president, secretary, and treasurer, to serve on each of the standing and special committees. Each board member, except the president, secretary, and treasurer, shall serve on a functioning committee. ARTICLE 8 , RESPONSIBILITIES OF OFFIC~_~ 8.01 Duties of the President The president Shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may -7- be prescribed from time to time by the Board of Directors. He or she shall preside at all meetings of the Board of Directors. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds contracts, checks or other instruments which may time to time be authorized by the Board of Directors. 8.02 Duties of the Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the Vice-President shall perform all the duties of the President, and when so acting, shall have all the powers of, and be subject to all the restrictions"'on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the Board of Directors. 8.03 Duties of the Secretary (a) Book of Minutes The secretary shall keep or cause to be kept, at the corporation's principal office or such other place as the board may direct, a book of minutes of all meetings, proceedings, and actions of the board and of committees of the board. The minutes of meetings shall include the time and place that the meeting was held; whether the meeting was annual, the notice given; the names of those present at board and committee meetings; and the number of members present. The secretary shall keep or cause to be kept, at the principal office, a copy of the articles of incorporation and bylaws, as amended to date. (b) Notices and Other Duties The secretary shall give or cause to be given notice of all meetings of partners, of the board, and of committees of the boar~ required by these bylaws to be given. ' 8.04 Duties of the Treasurer (a) Books of Account The chief financial officer shall keep and maintain or cause to be kept and maintained adequate and correct books and accounts of the.corporation's properties and transactions. The chief financial officer shall send or cause to be given to the members and directors such financial statements and reports as are required to be given by law, by these bylaws, or by the board. The books of account shall be open to inspection by any director at all reasonable times. ' (b) Deposit and Disbursement of Money and Valuables The chief financial officer shall deposit or cause to be deposited all money and other valuables in the name and to the credit of the corporation with such depositories as the board may designate, shall disburse the corporations funds as the board may order, shall -8- render to the president and the board, when requested, an account of all transactions as chief financial officer and of the financial condition of the corporation, and shall have such other power and perform such other duties as the board or the bylaws may prescribe. This office holder, shall along with the president, execute checks or other instruments which shall be authorized by the Board of Directors. 8.05 Immediate Past President The immediate past president shall serve as a member and officer of the board until a succeeding president is elected. 8.06 Indemnification NOTE: California Corporation Code Section 5238 is attached as Appendix II. (a) Right of Indemnity To the fullest extent permitted by law, this corporation shall indemnify its directors, officers, employees, and other persons described in Section 5238(a) of the California Corporation Code, including persons formerly occupying any such positions, against all expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any "proceeding, as that term is used in that Section, and including an action by or in the right of the corporation, by reason of the fact that the person is or was a person described in that section. "Expenses, as used in this bylaw, shall have the same meaning as in Section 5238(a) of the California Corporation Code. (b) Approval of Indemnity On written request to the board by any person seeking indemnification under Section 5238(b) of Section 5238(c) of the California Corporation Code, the board shall promptly determine under Section 5238(e) of the California Corporation Code. whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met, and if so, the board shall authorize indemnification. If the board cannot authorize indemnification because the number of directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of directors who are not parties to that proceeding, th~ board shall promptly call a meeting of members. At that meeting, the members shall determine under Section 5238(b) of Section 5238(c)' has been met and, if so, the members present at the meeting in person or by proxy shall authorize indemnification. (c) Advancement of Expenses To the fullest extent permitted by law and except as otherwise determined by the board in a specific instance, expenses incurred by a person seeking indemnification under Section 8.06 of these bylaws in defending any proceeding covered by those sections shall be advanced by the corporation before final disposition of the proceeding, on receipt by the corporation of an undertaking by or on behalf of that person -9- that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the corporation for those expenses. ARTICLE 9 EXECUTION OF INSTRUMENTS~ DEPOSITS AND FUNDS 9.01 Execution of Instruments The Board of Directors, except as otherwise provided in these Bylaws, may by resolution, authorize any officer or agent of the corporation to enter into any contact or execute and deliver any instrument in the name of and on behalf of the corporation by any contract or engagement or to pledge its credit or render it liable monetarily for any purpose or in any amount. 9.02 Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or otherwise required by law, checks, drafts promissory notes, orders for payment of money, and other evidence of indebtedness or the corporation shall be signed by the Treasurer and countersigned by the President of the corporation. 9.03 Deposits Ail funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. 9.04 Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for the humanitarian purposes of this organization. ARTICLE 10 EXECUTIVE COMMITTEE 10.01 Executive Committee The executive committee shall be composed of the officers of the corporation. It shall normally meet at least 14 days prior to the board meeting. The executive committee shall have authority to transact routine business between meetings of the board, providing that business does not encumber the board in excess of the limit approved by the board of directors. The'executive committee shall establish the agenda for the board meetings and shall make recommendations for actions by the board. The executive committee may be called into special meeting by the president or any two board members. It shall have the following responsibilities: (a) Overall Project Management (b) Program Development/Business Plan -10- (c) Develop Annual Budget with Support of Finance Committee and Board Chairs (d) Annual Report (e) Problem Solving (f) Communications with HIH International (g) Direction of Staff (h) Master Program Schedule (i) Management of Internal Communications (j) Utilization of Board of Advisors (k) Monitor Committee Performance (1) Annual Board Retreat Planning ARTICLE 11 STANDING COMMITTEES 11.01 Appointment The Board shall appoint a chair-person for each of the program committees who will be a member of the Board and will be termed Vice-President in charge of his or her area of operation. As a Vice-President that person will be eligible to attend and participate in Executive Meetings of the Board, and may be called upon as need arises to perform the normal functions of a Board Vice-President. Vice-Presidents in charge of Program Committees will make their reports to the Board through the Executive Committees. At its discretion, the Board may make a Vice-President responsible for more than one committee. 11.02 Site Selection Committee Responsibilities. (a) Land Acquisition (b) Government Agency Liaison (c) Feasibility Studies (d) Proposals (e) Structural Engineering (f) Site Plan (g) Soils and Geology (h) Title 24 (Energy Calculations) (i) Surveying (j) Landscape Architecture (k) Civil Engineering '.-' (1) Architecture , (m) Acoustical Engineering (n) Liaison with Construction 11.03 Family Selection Committee Responsibilities. (a) Selection Criteria (b) Application Process (c) Selection Activities (d) Homeowner Orientation (e) Homeowner Liaison -11- 11.04 Fundraisin~ Committee Responsibilities. (a) Fundraising Plan (b) Covenant Church Program (c) House Sponsorship Programs (d) Grant Applications (e) Direct Mail Appeals (f) Donor Database (g) Planned Giving Program (h) Proposals to Businesses and Suppliers (i) Fundraising Events (J) Thank You Letters (k) In-kind Donation Solicitation 11.05 Construction Committee Re~ (a) (c) (d) (e) (f) (g) (h) (i) Project Construction Management Materials List Inventory Control-Material Storage, Transportation Construction Labor Coordination Liaison With Site Development & Family Selection Committees on Plans Acquisition of Donated Materials Materials Purchasing On-Site Supervision Site Safety Tools and Equipment 11.06 .Family Support Committee Responsibilities (a) (b) (d) (e) Liaison After Selection Homeowners Associations Ownership Responsibility Education Ongoing Partnership After Construction Neighborhood Relations (with PR) 11.07 Public Relations Committee Responsibilitie~ (a) (b) (d) (e) (f) (g) (h) (i) (j) (k) Public Relations Plan Media~,Press Releases Graphic Arts Public Information Community Relations AY Materials . Speakers Bureau Groundbreaking and Rouse Dedications Major Event Coordination Newsletter Materials/Publications -12- 11.08 Finance Committee Responsibilitie~ (a) Overall Financial Management (b) Investment (c) Annual Report (d) Audit Procedures (e) Mortgage-Loan Servicing (f) Monthly Financial Statements to Board (g) Accounting (h) Cash Flow Procedures (i) Prepare Annual Budgets 11.09 Volunteer Committee Responsibilities (a} Recruit for Committees (b) Campus Chapter Liaison (c) Hospitality (d) Language Translator Pool (e) New Volunteer Orientation/Training (f) Church Representatives ARTICLE 12 SPECIAL AND AD HOC COMMITT~_.F-~ 12.01 Special and Ad Hoc committee~, special and ad hoc committees may be appointed by the president, the executive committee, or the board of directors, and shall report to the board of directors via the executive committee. ARTICLE 13 FISCAL YEAR 13.01 .Start and End of Fiscal Year The fiscal year of the corporation shall begin on January 1, e.g., the first day of January and end on December 31, e.g., the last day of December in each year. , ! ARTICLE 14 DISAFFILIATION 14.01 Disaffiliation. If at any time HABITAT FOR HUMANITY MENDOCINO INLAND shall decide to disaffiliate or shall alter its bylaws so that they no longer conform to required affiliate · guidelines, then the Corporation shall without delay take the necessary steps to change the Corporation name so that it does not include the words "Habitat for Humanity". -13- ARTICLE 15 AMENDMENT OF ARTICLES 15.01 Certain Amendments This corporation shall not amend its Articles of Incorporation to'alter any statement which appears in the original Articles of Incorporation and of the names and addresses of the first directors of this corporation nor the name and address of its initial agent, except to correct an error in such statement or to delete either statement after the corporation has filed a "Statement by a Domestic Non-Profit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law. ARTICLE 16 A~DMENTS TO THE BYLAWS 16.01 Procedures for Amendments. These bylaws may be amended at the annual meeting or at a special meeting of the Board of Directors called for that purpose. Two weeks' notice in writing, stating the time, date, and place of the meeting, must be given by mail. The notice shall include the text of the amendment or replacement. Amendments shall be adopted by a vote of three fourths of the Board members present. Any provision of these bylaws that requires the vote of a larger proportion of the members than otherwise is required by law may not be altered or repealed except by the vote of that greater number. WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS We, the undersigned, are all of the persons named as the initial directors in the Articles of Incorporation of Habitat For Humanity Mendocino Inland, a California nonprofit corporation, and, pursuant to the authority granted to the directors by these Bylaws to take action by unanimous written consent without a meeting, consent to and hereby do, adopt the foregoing Bylaws, consisting of thirteen (1,3) pages as the Bylaws of~, his corp~at~n. Dated: . HOWELL HAWKES, DIRECTOR DOROTHY~AYLE O~AAS, DIRECTOR LAWRENCE S. MITCHELL, DIRECTOR -14- We, the above-mentioned initial directors of this corporation, hereby declare that we are the persons who executed the foregoing Bylaws, which execution is our act and deed. Dated: HOWELL HAWKES, DIRECTOR DOROTHY~AYLEQHAAS, DIRECTOR LAWRENCE S. MITCHELL, DIRECTOR CERTIFICATE OF SECRETARY I certify that I am duly elected and acting Secretary of Habitat for Humanity Mendocino Inland, a California nonprofit public benefit corporation; that the above bylaws, are the bylaws. of this corporation as adopted by the members of this corporation' on 5-! ~- -~ ; and that they have not been amended or modified since that date. Executed on this . ,?: day of /:'~"" ~- '~ :~' , California~ ' , 1993 at · /! , Secretary, Habitat for Humanity Mendocino Inland -15- CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization: Held-Poage Research Address: 603 W. Perkins Library Date: Sept. 1, 1998 Executive Director: Lila Lee Name of Contact Person: Title of Contact Person: June C. McCloud Researcher .._. Profit -x Non-Profit Date incorporated: Mendocino County Historical Society which was incorporated in 1961. Phone: 462-6969 Phone' 462-6969 We are a facility of (please attach evidence) How long has your organization been in existence? 28 Yrs. _ Plus Does your agency have an Americans with Disabilities Act Plan? x · Project Title: Newspaper Microfilm and Research Material Proiect Location: 603 w . Perkins Location(s) of additional facilities operated by your organization: Yes . No None tota! agency activities or sen'ices provided: ~istorical Research' Center Amount requested' $ 3, ooo Total Project Cost: $ 3600 Poge 1 of 3 Please lis1 the number of Ukiah residents that were served by your organization this quarter and the services that were provided: Approximately 66 Ukiah and Mendocino County History and genealogical material. We also serve many "out of town" researchers who visit our library as well as inquiries by mail. , Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: This microfilm will fill in the gaps in years for which we are not covered. It will provide newspaper information to staff researchers as well as visiting researchers , Describe the specific needs within our City that your proposed project addresses: Mendocino County Research Material Newspapers provide coverage of a wide variety of county history both old and new. , Describe the geographical area of impact affected by this proposed project: Ail of Mendocino County and neighboring counties. , Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate their efforts' This material ks needed for staff researchers in our library to facilitate requests by mail without having to leave the library to seek out information. We have good relations with others wit~h.~hexchange material / Page 2 of 3 Se Where in Mendocino County are similar services provided and by whom: Mendocino County Library · Describe the current sources of your organization's funding: Trust Fund and Donations Book Sales Se Describe your proposed pmg~m budget (speci~ revenues, by sources, as well as expenditures, by ~pe): Revenue= Trust Fund $8,000 (per Yr.) Donations (varies) Book Sales (approximately $50 per yr. Expenditures= Overhead (utilities, insurance, repairs, etc.) Library supplies NO SALARIES - All Volunteer Staff Se If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: $1500 1996 Thank you for completing this application! Poge 3 of 3 CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDINC, 1998/99 Mendocino County AIDS Application/Organization:Volunteer Network(MCAVN) Date: 9-2-98 Address: 148 Clara Ave., Ukiah Executive Director: Deborah Mead Phone: 462-1974 Name of Contact Person' Deborah Mead Title of Contact Person: Executive Director Phone: 462-1974 Profit x Non-Profit Date incorporated 1988 How Long has your organization been in existence? 10 years Does your agency have an Americans with Disabilities Act Plan? Project Title: MCAVN Community Livinq Room Project Location: 148 Clara Ave, Ukiah Locations of additional facilities operated by your organization' NA __Yes ~ _No Description of total agency activities or services provided: MCAVN provides support services to People with HIV/AIDS, their families and friends and those at highest risk of either becoming infected with or infecting others with HIV/Hepatitis C ( injection drug users,IDU, and their partners ). Services include: Case Management, Advocacy, food, clothing, transportation, assistance with rent and utilities, information and referral, use of Community Living Room, volunteer assistance and Street Outreach to Injection Drug Users and their painters and families. Amount requested: $2,000 Total Project Cost: $14,200 Page 1 of 3 1. Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: .*Persons with HIV/AID$(PWHIV).3$- received food, clothing, transportation, help with rent and utilities, advocacy, use of Community Living Room, volunteer assistance, emotional support, information and referrals. *Family of PWHIV-30- food, clothing, emotional support, information and support, use of Community Living Room...*Hiqh Risk Population- (at risk of contracting/spreading HIWHepatitis C.)-125- mostly injection drug users and their sex partners, received vital prevention information as well as referrals for testing and treatment of HIV and Hepatitis C (the next epidemic) and access to the Community Living Room. *Staff of local CBOs-30 - received education and information regarding High Risk population, Hepatitis C and HIV. 2. Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: The Community Living Room provides a safe place for people with HIV. and the High Risk community to receive services and information and hang out. This is especially important to the High Risk Community as there are few if any social services/staff that this population trusts. The AIDS Network has worked with the disenfranchised for 10 years and because of the changing face of the epidemic have found ourselves in contact with those at Highest risk. When those at risk trust someone, they can receive information that will prevent their becoming infected or infecting someone else with HIV or Hepatitis C. This invisible community poses a great risk to the community as a whole and must not be ignored.The decrease in the spread of HIV and Hepatitis C is a direct result oi this program. 3. Describe the specific needs within our City that your proposed project addresses: Mendocino County per capita has an 'injection drug use rate' higher than or equal to San Francisco and Los Angeles. Injection drug users and Partners of injection drug users now constitute a majority of new HIV and Hepatitis C infections in the county. The Ukiah area is home to a majority of these at risk individuals. Their social isolation and mistrust of institutions creates a dangerous situation in terms of the health risks for the entire community. Hepatitis C is the next epidemic. Dr. Trotter has addressed this issue before the Board of Supervisors. The Board passed a resolution in August supporting the concept of Harm Reduction Programs. (Reducing the Harm associated with Drug Use.) 4. Describe the geographical area of impact affected by this proposed project: The Community Living Room is located on Clara Ave. The Living Room is available to the entire county but the majority of people making use of it are from the Ukiah Valley, and the majority of those are from Ukiah. People using the Living Room have easy access to Ford Street, Project Sanctuary, Parole, Probation and The Community Center. 5. Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate their efforts: For 10 years MCAVN has worked closely with Ford Street, the Community Center, Plowshares, Project Sanctuary, Mendocino Community Health Clinic, AODP, Probation and Parole. Referrals are made to and received from all of these agencies on a regular basis. Our Injection Drug User Outreach Worker provides education and information to all of these agencies. Our goal is to refer high risk clients to as many services as possible. We work as a team will all of these agencies being quite familiar with their services. 6. Where in Mendocino County are similar services provided and by whom: Currently there is not another Community Living Room similar to MCAVN's. There are however other efforts to reach the high risk populations on the street. AODP's HIV Education and Prevention Program has an IDU outreach worker ant he coast and contracts with Ford Street to do this type of Outreach in Ukiah. Ford Streets IDU outreach worker also works for MCAVN providing the same outreach. Services to People with HIV are also provided by Long Valley Health Clinic and Community Care AIDS Project. All of their clients make use of the Community Living Room when they have to be in Ukiah for appointments. PWHIV from Lake County also use the Living Room. o Describe the current sources of your organization's funding: * Ryan White CARE Act, Title II- Federal funds for advocacy and emergency assistance with food, transportation and medical care. * HOPWA- HUD monies for assistance with rent and utilities * Local donations and fundraising- approximately 40% of overall budget * Miscellaneous small grants . expenditures, by type): Community Living Room Expenses- Describe your proposed program budget (specify revenues, by sources, as well as Rent $9,600 Utilities 1,600 Phone 1,000 Insurance 1,500 Food Closet $00 Revenues Mendo-Lake Medical Society-S2,500 Macey's- $5,000- requested Newman's Own-$5,000-requested City of Ukiah-$2,000-requested Wells Fargo-$2,$00-requested local fundraising- fills the gap 9. If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: Have not received prior funding I, MA CH Cahforn a OFFICE'OF THE SECRETARY OF STATE CORPORATION DIVISION FONG EU, Secretary of State · of the State of ~alifornia, hereby certify' That the annexed transcript has been cOmpared with the corporate record on file in this-office, of which-it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal o£ the State of California this JUL 2 -9 1988 ~' ... .~ecrctarll o! State · 0~: ~'he n~e o this corporation is i~ndocLuo County AiDS Volunteer Network. (a) ~.,~s corporation is a non-~rofit public benefit corporation and is not ; orgar~zed for the private Es-tn of .ar.y perscn. It is or~anized under the (b) .~ne further purpose of ;.'~ndocino County AIDS Volunteer Hetwo~. is to provide emctiona!, inforr~tional, fin~_nci~_! and practic~! assistauce tc . person~: ~dth AIDS, their lovers, f"-~mt!ies, e:.~ended families and ~- ~=~-: The n~mella.nd address Lu the State of Ca!ffozmia oz-" t~is coz~oraticn's '. :Luiti~..agent for service of process is Steven Day, "~ 954S2.~! 620 South Dora Street, suite 204, Dl-~ah, California' , (a) This corporo, tion is org~uized and operated exclusively for chami~b!e .. and educational purposes ~ithin the meaning of section ~01(c)(3) of ~--" the In~ernal Revenue Code. , · (b) i.:ot~;ithstanding ~uy other provision of these Articles, the corporation sh~!l not car~~ on any other acti~dties not per.-.~tted to be .~carried on (!) by a corporation exempt fron Federal Income Ts_~ under section 50!$)(3) of the Lute~-ne~ Revenue Code or (2) by a cm~rat=~on contributions to : which ~e.deductlble m~der section 170(c)(2) of the ~xternal Revenue Code. (c) No subs -tantial pa_~ of the ~cti~_ties of'this corporation shall consist of c~-rryi.'ns on propag~nda, or other-~ise &~te.mpt~ to ~u~!uence legislation,' and the corp'cration s~ll not participate or intes~'ene in ~uy political c~mp-~ign (including the pub!ishLuE or distri~ttion of statemm~ts) on of ~- c~did~te for' public office. °.. '. FIV~ The na~.es ~md addresses of the persons appointed to act as the t.nitia.l Di_-ectors of this :r:COl'por&tion a.~e = . ~en ~~st ~' He~j Horton P.O. Box ~ ~d~ood V~!ey, ~, 9~470 ~~~e~ ~. 9~4~4 '~ ~sa~e ~chordo~ ~r~ ~ - ~eek ~ ~x 3~ Wil~ts, ~. 95~. ' · ~pe~a, ~. 95~8 L~ Dress-Mea~, P.O. ~ox 933 ~. ' ~.. it kia , Ca. ' . . ..~ ~IX: The property of this corporation is irrevocably dedicated to charitable or educational purposes and no pa_~t of the net income or assets of the corporation shall ever inure to the benefit of any private person. On the dissolution or winding up of the corporation, its assets .remaining a_eter payment of, or provision for payment of, all debts a~d liabilities of this corporation.' shall be distributed to a non-profit fund, foundation, or corporation which is or a~d operated exclusively for charitable and educational purposes s!~tl-? to thos~ of this corporation and which has established its t~x exempt status under ~01(c)~3~- of the I~ter~al Rev~ue Code. ~ess~e~o~s, Director ' We hereby declare that we are the persons ~hO executed the foregoing Articles of Inc~.ormtion, ~hich e:-~cution is each of our ~ct and ~ren .~.uist~ ~-ector Ros~'~e Anchor~o~u~, Director Ee~ton' Dimector Deborai~ Mead, Director ~ Dress~.~edo~s, i~.rj~c'tor · , ~e'oorah ,~.d, Di~ecto~ ' DISTRICT DIREC"PO~. ..... . ". .. DEP~~~ OF ~E TREAS~Y MO~Y P~,' . . Da~o ~%: ' ' ' , ':' " ~ ' ~:' TYRO~ ~0~ ..' - ~ ~OCINO CO~:~IDS VOL~,ER Contac, Telephone N~er: . · NETWORK ~.' (213~ $9%-2259 ' . . ' . '~~, ~ 95%~350 . · ' ~ . '.~ ~"-" ' --. ' · ' ' ' ' '~" ' . ' ' '.-.. ' '. "'" ' ' " . ......; ..:,.:.. ..-... ... :.. ...... .: ' ~ ~:' . · . - .. .....~...:. '.....~ · .;. .~.' . · ~ . - ~ , ' . . · ~..T~:::.-L=:~... · ,D~a= ~pl~c~==',~' ".' · ' ."." -:;-~:':' ''~'.'.;;?/'.'. ,' '". ~ "" -~ -" ~::~:'~ - '~' i~; ~' .. . .--., . -..,: : ...~ .. .. . : .'. . ~i~ mod~f ou~ lethe= of ~he ~ove date in which we ~tated ~ha~ you would be ~rea~ed'a. ~ org~iza~ion ~ha~ is no~.a private foundation un~il ~he e~ira~ion of 7~r advice ~lin~ pe=iod. · ~. organiza=ion described in sec=ion S01(c)~3) is s=ill in effec=.' Based on =he ~nfc~a=ion you s~mi==ed,, we have de=e~ined =ha= you are no= a priva=e ' fo~da~ion within ~he meanin~ of section 509 (a) of =he Code because 7ou are ~n ~'~' - or~iza=ion of ~e =~e described in aec=ion 509 (a)(2). . Gran=ors ~ con=ribu=ors ma~ rely on =his de=e~ina=ion unless =he In=ernal Revenue'~.Service publishes no=ice =o =he con=ra~. However, if you lose your sec=ion S09(a)(2) s=a=us, a gran=or or con=tAbu=or may no= rely on =his de=e~xna=ion if he or 'she was in par= responsible for, or was aware =he ac= or failure =o ac=, or =he subs=~=ial or ma=erial cha~e on =he or~aniza=ion ~ha= resul=ed in your loss of such s=a=us, or if' he or ~~ ac~ired knowledge =ha= =he In=ernal Revenue Se~ice had 9iven no=ice =ha= you would no longer be classified as a sec=ion 509(a)(2) or~iza=ion If we ' have indica=ed in =he headin~ of =his le==er =ha= ~ · ppl~ea, =he *dd~nd~ encloled il an in=l~ral pa== o~=hil let'=er.-- Because =hi~ le==er .could help resolve ~y ~e~=ions ~ou= your priva=e ~o~=ion a~ul, please keep i= in 7ou~ pe~en= re~o~da. If you have'~y ~es=ions, please con=ac= =he person whose n~e and " . ~elepnone n~er ~re sho~ ~ove. " ~' _ Sincerely ~rs, ~ ~,~. .. *. , '~ . ~.' .. .. ~ . .~:.. ~1 ~=~e: ~OSO (DO/CO) · ::~ . . . . . CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Applicati°n/Organization~.endocino County Library Address:lo5 North Main Street UKIAH CA 95482 Date- .August 26,1998 Executive Director: Henry E. Bates Name of Contact Person' Henry w... Bates Title of Contact Person' County Librarian __ Profit xx Non-Profit Date incorporated: Phone: 463-4492 Phone:463-4492 1964 (please attach evidence) How long has your organization been in existence? 34 years DOes your agency have an Americans with Disabilities ACt Plan? xx Yes ____ No Project Title: Public Internet Access at the Ukiah Library Project Location' Ukiah Location(s) of additional facilities operated by your organization- Willits, Fort Bragg, Covelo, Point Arena and twenty-three bookmobile stops. Description of total agency activities or services provided: Circulation of books, magazines, videos, audio-tapes and pamphlets. Reference service assistance by staff as well as an extensive reference collection. Sixty seats for study purposes as well as meeting space when the library is not open. Tuesday morning story programs for young children and a Farmer's Market operated by children and held on the sidewalk in front of the library every Wednesday afternoon during the sun~ner. Amount requested: $.. 6, ooo Total Project Cost: $ 6,000 Poge 1 of 3 le Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: Library Card registration of City of Ukiah residents is 9,658. e Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: Fort Bragg and Willits Libraries have public access to Internet. Our project would permit Ukiah residents direct access to four public Internet work stations. Business would also benefit by having access to the World Wide Web. , Describe the specific needs within our City that your proposed project addresses: The Ukiah Library receives approximately 5 calls daily inquiring about public Internet access. Buxiness owners have also inquired when using the library about the availability of Internet access. , Describe the geographical area of impact affected by this proposed project: The Ukiah Library serves the greater Ukiah Valley. , Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate their efforts: Schools and the college have Internet availability for their students. There is no othre public building in the city that provided access to the Internet. Poge 2 of 3 Se Where in Mendocino County are similar services provided and by whom: As mentioned above, some school libraries and Mendocino College have public Internet workstations. The Fort Bragg Library received a grant for three Internet workstations as well as $6,000 from the City of Fort Bragg to buy tables for computer workstations. The Willits Library is part of a consortium in Willits and is receiving two Internet workstations . e Describe the current sources of your organization's funding: 95% County of Mendocino, 3% State of California, 2% O~her. Se Describe your proposed program budget (specify revenues, by sources, as well as expenditures, by type): The County of Mendoc~n~ has picked up the total cost of reference staffing at the Ukiah Library. Other staff at the Ukiah Library that would assist patrons using the Internet workstations are county employees. The associated costs of printers, paper, and electricity are paid for b~ the County of Mendocino. Se If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: The City of Ukiah appropriated funds to the Ukiah Library starting in 1989. The highest annual contribution was $47,000 in 1993 and in 1994 it was $45,000. The City paid for DYNIX computer equipment to automate the library (which has been in operation for two and a half Years) as well as supporting forty hours of reference services. In 1995 the City could only support 20 hours of re- ference services. The city of Ukiah has contributed $170,500 since 1989. Thank you for completing this applicationl 4:CanFundApp Poge 3 of 3 CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDINC-- 1998/99 Application/Organization: -- Address: ~o'x d,,,c P~ ~ Co ~ ~.C'~/~ Executive Director: ~"-~,,,.,~.c -'.'.'.T~x~'o,,v/ /oX, F_._c, Name of Contact Person: /-~r~ ~y J,/z>G.~c Title of Contact Person: · .. Profit _ ~d Non-Profit Date incorporated: How long has your organization been in existence? Phone Phone: ~,, (please attach evidence) Does your agency have an Americans with Disabilities Act Plan? Yes No Projem Title: .._~'-~.,/,~,, W/' ~'Tu',:::~: ~ Projem Location' . U ~ ~ ~ C ~ ~ ~.~ Location(s) of additional facilities operated by your Organization: Description of total agency activities or services provided: Amount requested: $. ~, d¢~o SEP 0 1998 CITY OF U KIAH Page 1 of 3 Total Project Cost: $. /d/ ddd . Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: e . e Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: Describe the specific needs within our City that your proposed project addresses: Describe the geographical area of impact affected by this proposed project: . Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate their efforts: Poge 2 of 3 Se Where in Mendocino County are similar services provided and by whom' e Describe the current sources of your organization's funding: . Describe your proposed program budget (specify revenues, by sources, as well as expenditures, by type)' If ~,ou have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: Thank you for completing this application! 4:Ca~F~ Poge 3 of 3 STATEMENT OF EXPLANATION FOR GRANT APPLICATION Mendocino County Public Broadcasting is negotiating with the County Library to establish a Ukiah studio located in the basement of the Main Branch of the Library. Meetings have been held with Librarian Henry Bates and a site analysis is in progress. At this point the plan seems very feasible. A Ukiah studio will permit County wide broadcast of events that occur in Ukiah. The Library is a centrally located quiet space with adequate telephone lines already installed. The grant money will be used for studio equipment (mixing boards, microphone wiring etc.) that cannot otherwise be obtained by donation from local business. Pledges for money, durable goods, professional services and labor will be solicited from Ukiah Valley residents and business people. The support of the City is an important encouragement to people already considering a contribution. A total of approximately $15,000 is anticipated to get the broadcast space ready. The precise dollar amount is unknown due to the expectation of significant donations that will be sought. The grant from the City of Ukiah is requested in the form of a pledge that may be called in as needed. If more information is sought please contact us. shall be forwarded to you. Thank you for your consideration. As more details are gathered they State of California Bill Jones "o I;~,~,~"~i~O. C~ 14~u.23'JO Secretary of State,,,--,. ,,,,, -,.~, STATEMENT BY DOMESTIC NONPROFIT CORPORATION T~S S~ATE~NT ~UST ~ F~ED ~ CAL~NIA $EC=ETAR~ OF $TATE ~$ECTI~S E210. ~10, ~ C~pORA~S CO~) THE $10 FILING FEE MUST ACCOMPANY THIS ~ATEME~. t. C1266453 HENDOCZNO COUNTY PUBLIC ~ROADCAS?ZNG P O BOX 1 PNZ],O CA 95466 THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES THE FOLLOWING STATEMENT Suer Of i~M AA. Philo CA Philo CA THE NAME$ OF THE FOLLOWING OFFICERS ARE: d. CNIEIr I:Xl~.u'TtvI Orr~crl Anne Rogers 1. SgcNr?&l¥ Bruce Haldane 9300 H.tE;hway 128 9300 Highway 128 9300 Rlgb~ay 128 DESIGNATED AGENT FOR SERVICE OF PROCESS mis Cliff AND ~hL~o CA II. ItT? AND Phi lo CA II. CiTY AND ITAT~ II. 95466 Zero CODE ~I. 95466 Z~m COD[ dC. Z~P CODI 9~466 95466 45100 Main Street ~ost Office Box 107 ~n¢oc/no CA 95460 ~ COMMON INTEREST DEVELOPMENT ASSOCIATION IM ~RINtll OR COIKN&?E ~ i i ' ~ -- ~ ~N,--- - I -~- CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization: Mendocino Family Youth Services Ad d re s s: 776 South State Street Suite # 107 Ukiah CA 95482 Date: September 4,1998 Executive Director: Karin Wandrei Phone: (707) 463-4915 Name of Contact Person: Gloria Gonzales-Lambarski Title of Contact Person' SHARE Program Manager Phone' .{707) 463.4848 Profit X Non-Profit Date incorporated: 1979 (please attach evidence) How long has your organization been in existence? 19 Years Does your agency have an Americans with Disabilities Act Plan? X Yes No ! Project Title' Cdsis Response Team Training Project Location: Ukiah Location(s) of additional facilities operated by your organization: 552 North Main Street Suite # 2A Fort Bragg, CA 95437 255 Main Street Point Arena, CA 95468 Description of total agency activities or services provided: Services provided by MFYS for Ukiah residents include: Services for runaway and homeless youth and their families, youth violence prevention services and training, counseling and prevention services to school youth and their families, services for youth and adult victims of sexual abuse, Iow-fee counseling services for community youth and adults, parent education, youth cdsis line services, support groups for community young people, and peer helping program training, supervision, and support. Amount requested: $ 2,000.00 Total Project Cost: $ 4,404.00 Page 1 of 3 Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: In the fourth quarter of fiscal year 1997-1998, Mendocino Family and Youth Services provided services to 750 Ukiah residents in the following programs: Children of Divorce Classes: 9; Crisis Line and youth and family services: 75; Community Counseling: 6; Safe Haven, youth violence prevention: 655; Drug Court, intake assessment: 5. . , Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: The disruptive effects of any crisis or natural disaster affecting young people and their families may be mitigated by the well-coordinated response to the emotional needs of the students and staff by a community based Crisis Response team. As we have learned all too well over the past several years, there are two types of schools in any community; those that have had a major crisis, and those that are about to. As a result of our proposed project, a Crisis Response team will be prepared to respond to the demonstrated needs of the students, their families, and the school staff. Crises come in all descriptions and they are not predictable, and, so, our response to them should be. The most critical element in successful crisis response is the ability of the community to work together to provide the support and coordination necessary to aid those in need. Children, youth and their families, school staff and support personnel, will benefit from the Crisis Response team's ability to provide much needed emotional support and after-care resources while acting as a stabilizing force in an unstable enviroment. Describe the specific needs within our City that your proposed project addresses: This project will create a community-based, interdisciplinary Crisis Response Team and a Crisis Response Plan. The proposed project will provide opportunities for a cadre of community human services professionals to upgrade their skills in preparation for a potential crisis or emergency situation. Sound preparation and adequate training, or lack thereof, often makes the critical difference on how actions are handled dudng unfortunate situations. This training, preparation, and the development of a comprehensive Crisis Response Plan will allow us to be proactive rather than reactive in responding to cdses in our schools and community. The proposed community-based Crisis Response Team will work in harmony with the school site team to respond in a systematic, pre-determined manner to any cdsis that may occur. This volunteer group will be active in organizing the school's response to the cdsis and will be able to be mobilized immediately after the initial response phase is over. . o Describe the geographical area of impact affected by this proposed project: The proposed program services will be provided within the City of Ukiah Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate their efforts: The Crisis Response Team will be an inter-disciplinary team with trained youth and adults responding to crises in the City of Ukiah. Human services professionals from MFYS, Mental Health, Public Health, the Health Services community, school-based Peer Helping programs, Law Enforcement, and the church community will be the key players on this team. It is crucial that the group work together as a highly efficient crisis response team and not as a group of individuals. Page 2 of 3 o This will be accomplished by developing a plan, an internal communication system, training together, mutual support, and trust. The formation of this inter-disciplinary Crisis Response Team comprised of team members from many different human service agencies in Ukiah will be the first of its kind in this community. The collaboration that will facilitate the formation and preparation of the Crisis Response Team will be a working model for how agencies and individuals can pool resources to make our community a safer and healthier community in which to live. Where in Mendocino County are similar services provided and by whom: No where in Mendocino County is theirs a community-based Crisis Response Team or a Crisis Response Plan to respond to crises involving youth and their families, schools and their staff. Over the past several years, when a crisis has occured, Mendocino Family and Youth Services (The Youth Project) has been called upon to provide a team of therapists and counselors to provide support resources and stability in the affected communities (Potter Valley, Covelo, Ukiah, and Willits). These individuals have been able to provide much needed services in emergency situations, but the coordinated response plan, training, and inter-disciplinary collaboration have been the critical missing elements. Describe the current sources of your organization's funding: The California Wellness Foundation-Youth Violence Prevention Initiative-S175,000. Sonoma County DHS-Northem Sonoma County school services-S15,000. Masonite/International Paper-'Parent's United' Services-S2,000. United Way-SHARE, respite housing, crisis line-S1,400. MCDSS-'Parent's United' Services-S14,463. Administrative Office of the Courts-S87,592. Federal DHHS-Runaway, homeless, and youth in crisis-S100,000. Client fees for service-Parent's United, Redwood Counseling Services-S23,200 Describe your proposed program budget (specify revenues, by sources, as well as expenditures, by type): Program budget: $1,300. Training and development of the Crisis Response Plan $700. Supplies and materials (I.D. Badges, I.D. T-shirts, copying, postage, advertising, manuals) Matching: $2,404. Salary & Benefits, ProgramManager, .05 FTE for supervision, program and training coordination. TOTAL: $4,404.00 If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: 1991-1992- $3,000.; 1992-1993- $5,000.; 1993-1994- $4,000.; 1994-1995- $4,000. 4:CanFundAl:)p Thank you for completing this application! Page3 of 3 CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING · ' 1998/99 Application/Organization: Address: ll5 E. Mendocino Latinos para la Comunidad / Nuestra Casa Date' Smith Street Ukiah, CA 95482 9-1-98 Executive Director: 'Lynn Harris Phone: 463-8181 Name of Contact Person: Lynn Harris Title of Contact Person: Interim Director Phone: 463-818~ Profit x Non-Profit Date incorporated: May 3, 1994 (please attach evidence) How long has your organization been in existence? 7 years Does your agency have an Americans with Disabilities Act Plan? ~ Yes ____ No Covered under Mendocino County's plan Project Title' Nuestra Casa After School Cross-aqe Tutorinc] Proc;ram Pr0jectLocation' Nuestra Casa 115 E. Smith St. Ukiah, CA. 95482 Location(s) of additional facilities operated by your organization: N/A Description of total agency activities or sewices provided' Bilingual-bicultural:substance abuse prevention, counseling and inter- vention; individual and family counseling; emergency services and referrals; gang and violence intervention; parenting, literacy and ESL classes; citizenship and immigration services; after school tutoring program; cultural activities and events; family integration; empowerment groups; advocacy Amount requested: $ 3 Qo 0 ~ 0 0 _ T~al P~ject Co~: $ 6 2,0 75.00 Page 1 of 3 Community Organization Application for Funding 1. Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: Parenting & Empowerment Classes: 20 residents/week Summer Activities for children: 150 residents/week (4 wks) Counseling: 10 residents/week Gang & Violence Intervention: 5 residents/week Literacy Classes: 8 residents/week ESL Classes: 12 residents/week Forms & Applications Translation/Completion: 100/wk Citizenship & Immigration Services: 30 residents/month HIV Outreach & Education: 15 residents/week Facilities use: 40 residents/week Daily after-school tutoring: 85 residents/week Walk-in emergency services: 75 residents/week Field trips (youth & adults): 50 residents/quarter Workshops/trainings: 160 residents/quarter Cultural events: 650 residents/quarter 2. Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: Nuestra Casa has been providing a daily after school tutoring program to 40 Latino children, ages 6 - 17 for the past 4 years. The program has provided cross-age tutors through the MESA, Migrant Education, Ca. Mini-Corps, Americorps and "America Reads" Programs. In addition to daily academic tutoring, the Nuestra Casa program offers field trips, leadership training and traditional cultural activities, such as ballet folklorico, theater, arts and crafts, Mexican history and cooking. The tutors have worked with local Latino students with great success. Many of the participants in the program have received school awards for improved grades, attitude, participation and leadership while in the tutoring program. Ukiah Unified School District awards have included numbers of "Students of the Month", and selection of a Nuestra Casa tutoring program participant, Alejandro Cisneros, to give the 1998 Pomolita Graduation Speech. Local teachers have commented to parents and Nuestra Casa staff that they have noticed improvement in students' academic and social performance at school. The success of the tutoring program has created a waiting list of 60-80 students. In addition, this past year Nuestra Casa encouraged three very high-risk Latino youth, ages 14, 15 and 16 to participate as tutors and helpers in the tutoring program. These youth have made tremendous strides in developing their leadership skills and self-esteem. Their attitudes are extremely positive and they are looking ahead to finishing high school and going on to college instead of continuing involvement with gangs and violence. For the 1998-99 school year, the Nuestra Casa after school cross-age tutoring program will continue to serve local Latino youth/community members and continue to include and encourage high risk Latino teen tutors. It will continue to provide local youth with opportunities to develop academic abilities, social skills, leadership abilities and organizing skills, as well as self-esteem and cultural pride. It will offer them involvement and investment in an ongoing, success-oriented, culturally based project as a healthy alternative to violence, gangs and substance abuse in and around Uktah. In addition, the project will benefit local businesses and residents of the City of Ukiah by strenthening bridges between the Latino community and mainstream school, agency, business and Anglo communities. 3. Describe the specific needs e/thin our city that your project addresses: The Latino population of Mendocino County is growing rapidly. While the 1990 Census reports that the Latino population of the county is approximately 10.3%, or 8,248, it is generally accepted that Latinos are under-reported. Ukiah Unified School District figures for the 1997-98 school year report that the Latino student population is approximately 25% of total enrollment, with some schools having a Latino enrollment as high as 37%. Latino residents, and especially youth, are considered to be at risk due to a number of factors that include: poverty; the stresses of trying to grow up in two cultures; conflicting value systems; having to learn and function in a second language; lack of availability of support systems that are culturally and linguistically sensitive; inability to access "The System". The goal of Nuestra Casa's cross-age tutoring program is to address these issues in the following ways: increase self-esteem and empowerment among Latino youth/community; increase Latino youth/community's academic and leadership skills; create avenues for expression of Latino youths '/community's visions, perspectives, concerns and issues; increase awareness, understanding, appreciation and cultural pride; and build bridges between the Latino community and local schools, businesses and the mainstream community of Ukiah. 4. Describe the geographical area of impact affected by this proposed project: The Nuestra Casa after school cross-age tutoring program will be working with 40 Latino youth, ages 6-17 and adult community members, using Nuestra Casa as a base of operations. Students typically come from areas within the City of Ukiah where there are a large number of Latino children living, particularly the south end of Ukiah. However, all children are welcome at Nuestra Casa, and children from other areas of town and the Ukiah Valley are also invited to participate in the program. 5. Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to · compliment, rather than to duplicate their efforts: The key to this project is its collaborative nature. It is designed to build collaboration between local Latino youth/community members and local schools, service agencies and businesses. Planning and support have included local Latino youth, parents and community members, the Mendocino Latinos para la Comunidad Board of Directors, staff members from Nuestra Casa, local schools, Mendocino College's "America Reads Program", Americorps and NCO, California Mini-Corps, California Healthy Start Program, International Paper Corp., Savings Bank of Mendocino County, California Arts Council, Ukiah Unified School District's MESA and Migrant Education Programs. 6. Where in Mendocino County are similar services provided and by whom: Nuestra Casa is the only bilingual-bicultural human services agency in Mendocino County. The tutoring project that Nuestra Casa is providing to the Ukiah area is a unique program that is not duplicated anywhere in the county. 7. Describe the current sources of your organization's funding: Mendocino Latinos para la Comunidad / Nuestra Casa is a non- profit corporation (501 (c)(3)). It's current sources of funding are: M.C. Dept. of Social Services--Service Contracts & Staff M.C. Dept. of Public Health & AODP--Service Contracts M.C. Probation Dept.--Service Contracts International Paper Corporation--Grant Ukiah Valley Medical Center--Donation Fetzer Vineyards--Donation Alex Thomas & Sons--Donation Savings Bank of Mendocino County--Donation Fundraising 8. Describe your proposed program budget (specify revenues, hy sources as well as expenditures by type).- Please see attached sheet 9. If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: 1993 ..... ..$3500 for parenting classes 1995.......$3000 for Four Treasures Marketing Project -80- Mendocino Latinos para la Comunidad/Nuestra Casa Cross-age Tutoring Program Proposed Budget Personnel Total Ukiah Grant In-kind/Other Director $ 2000 $2000 Head tutors 7600 $1000 6600 High risk tutors 8625 2000 6625 Tutors 18000 18000 Van Driver 5500 5500 Cultural Consultants 4000 4000 Haterials Art supplies 500 500 A.V. supplies 100 100 Academic supplies 1000 1000 Overhead Utilities 500 500 Phone 250 250 Rent 12000 12000 Insurance 2000 2000 Total $62,075 $3000 $59,075 In-kind/Other support: Nuestra Casa .... . .................. .....$26475 Migrant Education ....... . ...... . ........ ..3000 Healthy Start.. ..... -... ...... ............9600 Ca. Mini -Corps.... ..... . ....... . ........ · .8000 Mendocino College "America Reads".........7000 International Paper Corp....... .... .......3000 California Arts Council...................2000 Tota1...................................$59075 Ca ifornig SECRETARY OF STAT S OFFICE CO't'~ PORATION DIVISION · :\ I, TONY .MILLER, Acting Secretary of State of the State of Califori'~ia, hereby certify' That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a cop:),, and that same is full, true and correct. IN WITNESS WHEF~EOF, I execute this certificate and a~x the Great Seal of the State of CalXfomia this ACri::~' Secrcr~O' Of Start I.'_=N.--DOCINO LkTiNOS P.-'-3_.'~ kk CO:-~ Z D;/), I t;C. C/O GUAD."~,UPE C?L-~,\;EZ 209 %:. MILL ST. U?tI~H, CA 55~.£2 D.-:P.~..~--I-:E;r7~ C,F TH-_- TREASURY Employer ldentificat 68-03200S3 Case ]:~-.~er: 955112036 Contac¢ Person: D:-.":! E L Contact Telephone (213) 725-f~19 Accountin.c Period Endin_u: June 3 0 Foundation Status Classif!ca~icn: 170(b) (1) (A) (vi) Advance Kulin~ Period Begins: April 2, 1994 Advance Kulin~ Period Ends: June 30, 199S Addendum Applies: 1';o Dear Applicant: Based on infoz~ation you supplied, and assuming your opera~ions ~ill be as stated in }'cur application for recognition of exemption, we have determined you are exempt frcm federal income tax under section 501(a) of ~he In~ernal Revenue Code as an cr~anization described in section 501(c) (3). Because you are a newly created organization, we are no~ no'-' makinD a final dece---m..,ination of }'our foundation status under section 505 (a) of the Code. Ho'-'e'.'er, we have determined tha~ you can reasonably e×.-meC~ to ~e a publicly suppcr%ed cr.canization described in sections 509 (a)(!) and 170 (b) (!) (A) (vi) . AccordinD!y, durin~ an advance ru!inD period you wi!l be :reared as a publicly supported organization, and no~ as a ~rivate. foundation. This advance rulin~ period begins and ends cn the dates sho~ above. %.;ithin 90 days after the end of your advance rulin~ period, you must send us the info,~r,,ation needed to determine whether you have me~ ~he re.=uire- ments c~_the applicable support tes~ durin~ the advance rulin~ Fericd. If you es~ab!isk tha~ you have been a publicly supported organization, ~e ~ill classi- fy you as a s~,~ion 509 (a) (1) or 509 (a) (2) orcanizaticn_ as lcn{ as you continue to mee~ the requirements of the applicable su=~crt test. If you do net meet the public suppor~ requirements durin~ the advance rulin~ period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private fo'~ndation from your be~innin~ date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our deter?nination that you are not a private foundation until 90 days after the end of your advance rulin~ period. If you send us the re.=uired information within the 90 days, grantors and conzributors may continue to rely on the advance dete.-minaticn until we make a final de~err, inazion cf your founda=ion status. Le:ter 10-.5 (DO/CG) :ENDOCINO LATII;OS Pg.P-~ i_~ -2- If u'e publish a notice in the Internal Revenue Bulletin statin~3 t!:at ~'e u-ill no longer treat you as a publicly supported cr~a::ization, _oran:ors and contributors may not rely on this detexTnination after the date '-'e !:,ub]ish the notice. In addition, if you lose your status as a pu~!icly su.upc-.'[~d o:.'gani- za~ion, and a ~rantor cr contributor '.'as responsible for, or u'as aware cf, the act or failure to act, that resulted in your loss of such status, that person may not rely cn this determ, f'na~ion from the date of the ac~ or failure to act. Also, if a grantor or contributor learned that we had given notice that you u'ould be removed from classification as a publicly supported organization, then that person may not rely cn this dete.~mination as of the date he cr she acc/.~ired such know'ledge. If you change your sources of support, your purposes, character, or method of opera=ion, please let us know so ~e can consider the effec~ of the change on your exempt status and foundation status. If you ~mend your organiza=i6nal doc~en~ or bylaws, please send us a copy of the ~mended doc=~en= or bylaws. Also, let us know all changes in your n~me or address. As of January 1, 19S4, you are liable for social security taxes under the Federal Insurance Contributions Act on ~ounts of $100 or more you pay to each of your employees durin~ a calendar year. You are not liable for the tax imposed under the Federal Unemplcymen~ Tax ~c[ Organizations that are not private foundations are not subject to the pri- vate founda~icn excise taxes under Chapter 42 of the in~ernal Revenue Code. However, you are not au~oma~ica!ly exempt frcm o~her fedora! excise taxes. If you have any ~es~icns abcut excise, employment, or cther federal taxes, please let us kno~. Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Be.cuests, legacies, devises, transfers, cr gifts to you cr for your use are deductible for Federal estate and gift tax pu--p, cses if they meet the applicable provisions of seczicns 2055, 2106, and 2522 of the Code. Dc~Trs may deduct contributions to you only to the extent that their contributions are gifts, uith no consideration received. Ticke% purchases and similar pa}~ents in conjunction with fundraising even=s may nc% necessarily qualify as deductible contributions, dependinD cn the circumstances. Revenue Ruling 67-246, published in C~nula~ive ~ulletin 1967-2, on paDe 104, gives guidelines regarding when taxpayers may deduct pa~en:s for a~nissicn to, or c~her participation in, f~ndraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax, if your gross receipts each year are nor~,,ally $25,000 or less. If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual ~ross receipts are normally $25,000 or less, and si~n the return. If you are re..-uired to file a return you must file it by the 15th day of Letter 1045 (DO/CG) I-L--.NDOCiI~'~ I.ATI!;OS P;:,~:A -3- the fif[h month after the end of you:' annual accoun%in.q period. %.:._, charge a :- 12ana!ty of $10 a da}' when a return is filed la~e, unless it:ere is reasonable cause fo:' the delay. Hc'-'ever, the maxim%z.~ penalty wa charge cannot exceed = , wh~che'.'e~ is ~ess We $5,000 cr 5 percen~ of your gros~ r~ceip:s for ~he ye..r - - . ma}' also c!~a:'ce this penalty ~f a return is not comp!e~= Co please he sure your re:urn is complete before you file it. You are not re.cluired ~o file federal income ~ax returns unless you are subject to the tax cn unrela~ed business income under section 5!1 cf the Code. If you are subject to this tax, you must file an income ~&x re~urn cn Foznn 990-T, Exempt Or_caniza~ion ~usiness Income Tax Re~urn. In ~his letter we are no~ de:er~..,ining whether any of your .uresent or proposed acti~-ities are unre- laxed trade or business as defined in section 513 of the Code. You need an employer identification n~-ber even if you have no empl. oyees. If an employer identifica~icn nuu?~er was no% entered on your application, we will assign a n~-.~er to you and advise you of it. ~lease use tha~ n~.-tber on all re:urns you file and in all correspondence with the Internal Revenue Service. This dete.--m,..ination is based on evidence that your funds are dedicated to %he pu.--pcses listed in sec%ion 50!(c) (3) of the Code. To assure your continued exemption, you should keep records to show ~hat funds are spent only for those pur?oses. ~f you distribute funds to other organizations, your records should shc~ whether %hey are exempt under section 501(c) (3) . In cases where the recipient organization is not exempt under section 50!(C) (3) , you mus~ have evidence ~ha~ tko funds ~i!l remain dedicated to the re~ired purposes and that the recipien~ will use the funds fcr those pu_-p, oses. if you dis:ribute funds to individuals, you should keep case histories sho~in~ the recipients' n~v. es, addresses, purposes of awards, manner of selec- tion, and relationship (if any) to members, officers, trustees or donors of funds ~o you, so that you can substantiate upon re~aest by the in%ernal Revenue Service an?' and all distributions you made to individuals. (Revenue Ruling 56-304, C.B. 1556-2, page 306.) ... if.~'e said in the heading cf this letter that an addendum applies, the addend'~v, enclosed is an integral part of this letter. Eecause this letter could help us resolve any questions about your exempt status and foundation status, you should keep i% in your permanent records.' Letter 10-'.5 (DO/CG) }~_I~DOCiNO L~TINOS PAP.~ L~ If you have any questions, please ccn~act the person whose na.-..e and telephone nu.n~ber are sho'-.-n in the h.=ading cf this letter. Sincerely yours, ~icnarc ~ o~ Dis=tic= Direc=or Letter 1045 (DO/CG) CITY OF UKIAH COMMUNITY ORGANIZATION APPUCATION FOR FUNDIN~ 1998/99 Application/Organization: Address: ~ ~'~ Executive Director: C.~ t(-~~) ~ ~.[-h',~ _ Name of Contact Person: /~. e"~ /~ t~l~_) __ Profr~ X Non-Pro~ Date incorporated: Phone: /../~ a - ~-c),7 I (please attach evidence) How long has your organization been in existence? % ~ w ~- I ~ ~, ~ Does your agency have an Americans with Disabilities Act Plan? _ ~. Yes .. Project Location: 15'O L~c~. Location(s) of additional facilities operated by your organization: N/A Description of total agency activities or services provided: The Plowshares Community Dining Room serves over 100 free hot lunches daily, Monday through Friday. The Plowshares Personal Care Center also provides free showers and laundry facilities for the homeless. Other free on-site services include mail, telephone, clothing, haircuts, HIV testing, physician and psychiatric services. Amount requested: $ Page 1 of 3 le Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: total meals: laundry loads: showers: April May June e 2252 122 292 2358 142 334 257{~ 156 __324 7186 420 950 Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: Our various services address hunger and other necessities of health and daily life to the most underprivileged populace of Ukiah. The specific funding requested here will allow us to maintain needed donation levels by recovering the additional costs of producing our monthly newsletter (our primary revenue fundraising tool) while we are recruiting and training a new director/editor. e Describe the specific needs within our City that your proposed project addresses: This grant will allow Plowshares to continue addressing hunger and other effects of homelessness and unemployment in the Ukiah area in the temporary absence of a director/editor. (Figures are based on three months of interim-cost newsletter production at $803 per month = $2409.) o Describe the geographical area of impact affected by this proposed project: Ukiah and environs. Se Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate their efforts' Plowshares has a working arrangement with the Ukiah Community Center Food Bank for resource-sharing; food supplies are distributed in different contexts by the two organizations to an only partially overlapping clientele. We often coordinate with the Ford Street Project when we have surplus meals. Plowshares maintains a seat on the Department of Social Services Citizens Advisory Council in part to monitor food stamp policy and procedure. No other agency in Ukiah otherwise duplicates our services, and similar programs in Willits and Fort Bragg service an entirely different population. Poge 2 of 3 Where in Mendocino County are similar services provided and by whom: "Our Daily Bread" in Willits is a similar community dining room. The Ukiah and Fort Bragg Food Banks provide groceries to a different demographic. Church-sponsored free lunches are available on weekends, when Plowshares is closed. 7. Describe the current sources of your organization's funding: Donations from community, raised through newsletter 60% Fundraising through special events & holiday appeal mailing 25% United Way/FEMA 6% Grants 9% Se expenditures, by type): Revenue per Budget 98-99: Donations 102,000 Fundraising 41,400 Grants 15,000 Unitecl Way/FEMA 10,800 Describe your proposed program budget (specify revenues, by sources, as well as Total Revenue 169,200 9, Expenses per Budget for 98-99 Fiscal Year: Wages/Benefits 110,106 Newsletter/PR 7,020 Rent/Occupancy 10,428 _Office Suppl/Maint 2,400 Program Supplies 8,100 Staff/Board Training 1,200 Utilities/Commun14,280 Funclraising Exp 9,840 Insurance 6,540 Consultants/Misc 2.604 Travel/Vehicle 1,560 Total Expense 174,078 If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: 1992:$4000 grant for new ceiling in dining room. (Work was completed in 1993.) 4.'CanF~t¢lApp Thank you for completing this application! Thank you for your generosity. Poge 3 of 3 rvi ' ; Internal Revenue Se ce , District Director , .. P O BOX 36D0t STDP $F-4-4-46' SNi F~NCISO], CA 94102 PLI34SHl~RES PEACE AND JUSTICE CENTER PO BOX 475 LKIAH, CA g548Z Department of the Treasury £mlp I oyer Ident i f i cat i on Nurber: 68-OZ18781 Ease H~ber= ~50136500 Contac f. Person: L]:I~ YEE Contact Te I ephone Number: (415) 5515-03Z7 ' 4ccounbing Period Ending: Oe6e~ber 3t Foundabion Stabus Classification: 509(a) /,~vanc= Ru I i ng Per i od Beg i ns: April 4, ].qgD /mdvanc~ Ru I lng Per i od Ends: I~,.,.c. 3t., ] 994 /~ddendum Applies: -- Dear ~ppl icant: 'Based on informer i on suppl ieci, and assuming your operat ions .i I I be as s~a~ed i n your appI ic~b i on for recogn i [ i on oF exer~t ~ on ~ ~e have deterni ned you are exenpt from Federal income ta~ undcr section 50] (a) of bhe Inbernal Revenu~ Code as an or-gan i zat i on descr i bed i n sec~_ i on _50 [ (c) (3). · Because you are a newly created or-gani.-ation~ ~aa ere nob no~ making .-- '." f ina I de,em i nation of. your fo~dat ion status u~der secl: ion 509 (a)' of %he Code. ' He. ever, ~e have deternined-that you can reasonably be'expec~ced to be a pub l lc' I¥ supported organization described in sections 509(a)(1) and [TO (b) ( Z) (A) (~'i). · · · · --. ,.../. ....Accord ing I y, you , r I I be treated as a pub I i c I y supported organ i zat i on, · .o ":~" 'end not as a private fomdatJ~n, durir~ an advance rul lng period. This · advance rul i ng period begins and ends on %ha da~es sho~ above. Hi bhin 90 days after the end of your advance ruling period, you ' subm i ~: ~o us i nforma{: i on needed {:o de%er~ i ne -Nhether you' have met ~:he requ i fo- ments or the applicable support %esb during %he advance rul lng per. Jori. If you estab I i sh that you have been a pub I i c I ¥ supported organ i zat i on, you N i I I be " c I mss i f i ed as a sect i on 509 I:a) (D or 5U3 (a) l:Z) organ i zab i on as Iong as you con- t i hue bo ~eeb the requ i foments of the appl i cab I · support teem. Zf you do ~eet the. public support requirements during %he advance ruling period, you Hill be classified as a pri~a%e founder, ion I~or fubure periods. Also, if you are c I ass i f i ed as a pr i vote fouqdet i on, you Ni I I be treated as a pr ivate foundat ion from the dote of your inception for purposes of sections 507(d) end 4940. ..~ .... , : . · o California OFFICE OF THE SECRETARY OF STATE · CORPORATION DIVISION 1662114 I, MARCH FONG EU, S_ecretary of State of '.the State of California, hereby certify: That the annexed transcrip-t has been compared with the eorporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF,' I execute - this certificate and-aSx the Grea~t Seal of the State of California thi~',- · ~,~ 0~mO ,.."._ ,_ , ,,~ ', ., . ,, ' ~...: ! CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization' _ ~,~..~ ,-~ 'r~~ ~. _~cr-~ Date' Address: Executive Director: ~. Phone' Name of Contact Person: ~, ~A r-.-~,A~ ~'-_.- Title of Contact Person: ~,.~;~¢..,r._. ~._~_,~,~,~- . Profit "~lon-Profit Date incorporated' (pleaSe attach evidence) How long has your organization been in existence? Does your agency have an Americans with Disabilities Act Plan? Yes "'~'--No Location(s) of additional facilities operated by your organization' Description of total agency activities or services provided: Pomolita Music Boosters exists to support and expand the musical opportunities available to our middle school students. The Boosters raise funds to purchase music, repair instruments, purchase additional instnzments for low-income students and for participation in festivals and workshops. Amount requested: $,,, e ~o~ Total Project Cost: $ ,~o Poge 1 of 3 Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: e Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: e Describe the specific needs within our City that your proposed project addresses: e Describe the geographical area of impact affected by this proposed project' Se Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate their efforts' Poge 2 of 3 . Where in Mendocino County are similar services provided and by whom' . Describe the current sources of your organization's funding: . Describe your proposed program budget (specify revenues, by sources, as well as expenditures, by type)' . If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much' 4 .'C,a,'t FurglApp Thank you for completing this application! Poge 3 of 3 CITY OF UKI~ COMMUNITY ORGANIZATION APPLICATION FOR FUNDING This application is a request for funding for the Pomolita Musical Solo and Ensemble Festival. The festival provides an enrichment opportunity for Ukiah area students to develop performing skills and to play musical instruments individually or together in small groups. Each group performs before an adjudicator/clinician, receiving feedback on their performance. The experience of participating in the festival broadens the musical horizons of the students, further develops their self-esteem and performance skills and exposes them to a broader musical education. In 1999, the festival will be going into its third year. During the last two festivals over 150 students from Ukiah and surrounding schools have participated in the program. The goal this year is to broaden the outreach and to provide a schedule that includes more master classes and workshops. 1. All Ukiah area students in the 7th through 12th grade enrolled in music programs at Pomolita Middle School, Ukiah High School, Ukiah Junior Academy and St. Mary's. Students from surrounding area schools; Deep Valley, Eagle Peak and Potter Valley also participate. Over one-third of the students at Pomolita are enrolled in the music program. 2. Numerous educators' studies have shown that participation in musical programs significantly improves students study skills, and cognitive and problem solving ability. Middle school students represent the population most at risk to become attracted to anti-social behavior. Pomolita Music Boosters organization is devoted to enriching and deepening the opportunities available in the middle school music program. The more that we can enrich the lives of our students, the less likely they are to indulge in deviant behavior. This program represents both a short-term investment in broader community activities and a long-term investment in human capital, ff this grant diverts only two or three police arrests over time, it will more than have paid for itself as an investment in the human capital of our community. 3. The Solo and Ensemble Festival provides middle school students with the oppommity to perceive themselves as contributing members of the community. 4. All program activities will take place at Pomolita Middle School. 5. To the best of our knowledge, there is no duplication of efforts. This is a unique program. This program acts as a magnet to bring together students from throughout Mendocino and Lake counties, providing them with an opportunity to hear other students perform and to interact with one another. e There is no other middle school music festival in Mendocino County. 7. Pomolita Music Boosters is self-funded through a variety of activities: candy sale, Christmas Tree pick-up service, Winter Raffle and smaller assorted events. The Music Boosters have also made a commitment to enrich the capital investment and outside-of- school programming through grants and endowment funding. e Program budget: 4 adjudicators per diem plus travel expenses@ $185.00 2 master class presenters per diem plus travel $150.00 Student award certificates $740.00 $300.00 $50.00 1090.00 Pomolita Music Boosters is committed to supporting this program, either through grant funding or through additional fundraising activities. . Pomolita Music Boosters has never received funding from the City of Ukiah. CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization: Project Sanctuary Address: 780 North State Street Ukiah CA 95482 Executive Director: Lenora Jani Sheppard Title of Contact Person: Executive Director Date: 8/24/98 Phone: (707) 462-9196 Phone: (707) 462-9196 Profit X Non-Profit Date Incorporated: July 29, 1986 (please attach evidence) 22 years How long has your organization been in existence? Does your organization have an American with Disabilities Act Plan? Yes X No Project Sanctuary does not have an ADA Plan. However, the Shelter and daycare are fully accessible to individuals who use a wheelchair or other assistive devices. Project Sanctuary will make "reasonable accommodations", as needed. Project Title: The Children's Program Project Location: Confidential Shelter for Battered Women and Children located within the area for which funding is available. Location(s) of additional facilities operated by your organization: 780 North State Street Ukiah CA 95482 Business and Counseling Office 461 North Franklin Street Fort Bragg CA 95437 Business and Counseling Office Description of total agency activities or services provided: Project Sanctuary provides services to victims of domestic violence and sexual assault. Services include: a safe confidential shelter for battered women and their children, a transitional housing program, daycare and children's services for children living in the shelter, group and individual counseling, legal advocacy, court accompaniment, rape crisis services including accompaniment to the hospital for rape victims, an education and prevention program, a volunteer program and a 24 hour crisis line. All services are provided at no charge to the client. Amount requested: $2000 Total Project Cost: $17,590 1. Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: Fourteen percent of the women and children served by the Children's Program at the Shelter for Battered Women were Ukiah residents. Children received counseling, nutritious lunches, structured play with other children at the shelter, and counseling. Children also had the opportunity to deal with issues specific to the affects of domestic violence. The mothers benefited from a safe, confidential daycare that allowed them to attend appointments integral to developing and maintaining self- sufficiency i.e. counseling, appointments with DSS, locating housing, court appointments. 2. Describe to what extent your project will specifically affect, serve and benefit the C~ty of Ukiah residents: The Children's Program will affect, serve and benefit Ukiah residents who are victims of Domestic Violence. Women with children will be served by the Children's Program. The children will benefit from the structured, licensed, confidential daycare. The daycare will help to address issues specific to children who have experienced domestic violence. Through structured play and with assistance from experienced staff, children learn interpersonal skills, how to express their feelings appropriately, anger and conflict management skills. Children are offered tools needed to avoid becoming abusers (or being abused) - thereby breaking the cycle of domestic violence. The mothers benefit from the program because they have a safe and confidential dayeare that allows them to attend appointments integral to maintaining self-sufficiency. These appointments include, but are not limited to: DSS, court, physicians, locating housing, and counseling. The benefit to the women and children receiving shelter and Children's Program services is the opportunity to receive services in a safe, respectful, violence-free environment where they can begin to break the cycle of violence. Describe the specific needs within our city that your proposed project addresses: The current and ongoing need in Ukiah is specialized, confidentially located daycare services for children living with their mothers in the shelter and on whom domestic violence has had an effect. Fourteen percent of the women with children by Children's Program live within the Ukiah city limits. Describe the geographical area of impact affected by this proposed project: The Children's Program serves the Mendocino County community. This proposal will impact those women and children living within Ukiah City limits. Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than duplicate their efforts: The Children's Program coordinates with local services to compliment rater than duplicate service efforts. Referrals are made to local organizations for information and services. When there is a need for educational and developmental assessments, referrals are made to Head Start, Ukiah Unified School District, the Child Developmem Lab of Mendocino College, NCO Child Development Center, and the Regional Cemer. Program staff make referrals to local daycare providers for use upon discharge fi.om the Shelter/Children's Program. Children are also referred to Healthy Start (DSS) and the UVMC Pediatric Clinic. The Children's Program refers mothers and children to WlC to meet nutritional needs outside of the daycare. There is an occasional need to coordinate services with CPS, Ford Street, Nuestra Casa, MCAVN, the Community Center and Redwood Legal Assistance. 6. Where in Mendocino County are similar services provided and by whom: Project Sanctuary is the sole provider for this service. 7. Describe the current sources of your organization's funding: Project Sanctuary receives funding from the Office of Criminal Justice Programs (OCJP), Departmem of Human Services (DHS), United Way, NCO/EHAP, and donations/fundraisers. The Children's Program receives less than 1/3 of its funding fi.om NCO. These funds are restricted in that they may only be used to purchase food for the daycare. All other funding for the Children's Program comes fi.om donations fi.om the community. o Describe your proposed program budget (specify revenues, by sources, as well as ocpenditures, by type): Project Sanctuary is requesting $2000 to support the salary of the Daycare Teacher for the Children's Program. Please see attached budget. o If you have received funding form the City of UMah in prior years, please indicate for what year~ and how much: Year Amount 1993 $4000 1994 $4000 1995 $3000 c~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: California OFFICE OF THE SECRETARY' OF STATE · I, MARCH FONG EU, Sec.r~.'.lary of State of the State of California, hereby certify: That the annexed transcript I~as been compared with the record on file in this olTice, of which it purports to be a copy, and that same is full, tr~.;' ~nd correct. IN WIT'NESS WHEREOF, I exec~t-e II,is certificate and al}ix the Great Seal of the State of California this OCT,O 6 1986 Secretary o/State 107 RESTATED ARTICLES OF INCORPORATION OF IMICH lONG [U, teaetar~ d Skate ; l'l~ggle A~,fel and Mlke,Jossel certlly: I. T1;'at they are tile President and the Secretary, respectively, of PRO.IECT SAI.ICTLIARY, It.lC., a California nonprofit corporation. 2. That at a meet Ir,,:l of the Board or Directors, duly held at Uklah, ' ' ,.r.'.; ~, c;n..,uly -:., I :,,.,v tile following Resolution was adopted: E;I' I':,' F.{ESOLVED. tl",at tile Articles of Incorporation of this corporation ~,l-,t'~ll l.,c and they a~'e I,..~ eby amended and restated as herein set forth ;..RTl _LE:, OF INCORPORATION OF PRO.JECT SANCTUARY, INC. , .FI_EST; .Tl',e name of this nonprofit'corporation shall be: F'i',.,').JECI' SANCTUARY, INC. Tills corporation Is a nonprofit public benefit corporation ~,~-,,.i Is r, ot organized for the private gain of any person. · It Is organized under tile Nonpro r I t Pub ! lc Ben, f I t Corpora t Ion L aw f or char I tab I e purposes. It shall be operated exclusively for charlta~)le purposes. A. Tile specific and prlrnary purposes of tills organization are: · 1. To assist women, ',.v~tl', or wltl;out d'.'-i',endent cl~lldren, In crisis 2it,.latlt:r,'.: I)y provldln,.~ t.:-r,;l'~orary ernergenc, y sl',elter, food and/or ,~ui:,porllve services. Su¢l~ services sl~all I'c i,~lude, but not be limited to, co(res,ling, education, training and employment assistance and referral; and referr'als for needs such as financial assistance, medical and psycl~oioglcal services. Be Tl~e general purposes and powers are to have and exercise all rights · conferred on nonprofit public benefit corporations under the laws of ' California. provided, I~owever, that this corporation shall not, except to · an In.~ut..,tantlal- ;- · degree,, engage In any actlvltes or exercise any powers tl',:.~t are not In furtl~erance of the primary purpose of this corporation. C. TI',,:: corporation sl~all not carry on propaganda or otherwise attempt to Ir, flue-r,,:, legislation to sucl~ extent as would result In the loss of ,:-,..:eruption under Section 501 (c) (3) of the Internal Revenue Code of J954, ! as amended. Tl~e corpora'tlon shall not participate In nor Intervene In (Including the publication or distribution of statements) any pollti'cal . · " I -2- campaign on bel)alf of any candidate for public office. Notwithstanding tl;e foregoing statement or the specific and primary' purposes, this corporation sl~all not engage In any activity which Is not permitted to be,engaged IN: (l) by a cori.;oration exempt from federal ll,c.4n.' -c-. ,~ tax under Section 5~1. (c) (3) or tl',e Internal Revenue Code of 1954, as amended; (2) by' a corp,:,r:atlon, contributions to wl~lch are deductible ,.~r,,Jer :qectlon 170 (c) (2) of tl;e Internal Revenue Code of 1954, as .;,'r,~.~r,.,.led; or (3) by a public cl;arlty described In Section 509 (a) (I), (2) r i7,.~ of tl',:~ Internal Revenue Code of 1954, as arnended. ~J![:'D This corl:,,:,r',:~t~on elects to be governed by the provisions ',.' l;.-.r;'.r,.-,rit Cfrp,:,ratl,:,r~ I_aw effective Januai'y I, 1980, not otherwise . , ;, ",.]r,I · *.', I~ ur,,:l~.r Parts '£ .and 5 of Division 2 of Title I of the · ; ~.,...i 3t. i":',.:, '' ' .. "" Code of the State or California. All or tl;e properties, moneys, and assets of this ;-:..t. ~-,-, ~;re ~rrevo,:?,l:,le dedicated to charitable purposes and shall not ,.',,r" to ti','- benefit of ar,y private Individual. "I'l In the event that this corporation sl~all be dissolved or ...,Und Up i'~t any time, ti;eh all of the properties, moneys, and assets of · r,i'- corpor','~tlon, after p~yment of, or provisions for payment of, all debts ~',,.1 II?,bllitites of this corporation, shall be transferred exclusively to and -3- I. become tile property of such nonprofit funds, I'oundatlons, or corporations wl~lcl~ are organized and operated exclusively for charitable purposes to provide temporary emergency sl~elter, food, and supportive services to women, with or without dependent cl~lldren, In a'crlsls situation, as are selected and designated by tl,e e~oard of Directors of this corporation, and wl',lcl; ~'' ....... . . :.,,:,11 at ti;at tlri;e qu.:~lll"~.' as ,~l, exempt c, rqalnzatlon or ,:,l't_~:."li'ilZ~[ I,'.',r~'5 ~.ll'~de.r c .,. c,. . .,~...ti,:,n .,,.~1 tc)(3) of tl',e Internal Revenue Code of the · united '.',~ates as tl~at section exlsts or may subsequently be amended. 3.. Tl',?,t the foregoing amendment and restatement has been approved - .' ti',,.'-, re.'.'~,.lired vote of the I'nernbers. · · ..~11EF-.'EOF, i~',e ~.lndersigned I~ave executed tills restatement this '.',ti'....1::,: , f .July, 1986. Secretary" -4- Each of the undersigned, under penalty of perjury, does hereby decl :.~ e · that the matters set forth In the l'oregolng restatement are true and correct. Execu'te~l In the City or Uklah, County of Mepdocln':,, ':",tate of Callf~'.rr~ia, {his 29t1~ day of July, 1986. -5- to~ - CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization. ~ACE-School of Performin~ate: 9/3/98 Arts & Cultural Education Address: . P.O. Box 22 Ukiah, CA 95482 Executive Director: _ Paulette Arnold Phone: Name of C0ntact Person' Paulette Arnold or Laurel Near ,, ~tle of Conta~ Person: Co-Director s Phone: __ Profit x Non-Profit 462-9370 Date incorporated: 462-9370 · (please attach evidence) How long has your organization been in existence? Does your agency have an Americans with Disabilities Act Plan? .,, Project Title' _City of Ukiah-Performing Arts Project Location' Saturday Afternoon Club Yes ,, X Scholarships-SPACE Location(s) of additional facilities operated by your organization: Deerwood Country Club Methodist Church Social Hall No Description of total agency activities or services provided: see attached mission statement-~//~%J Amount requested: $ 3o00. Total Project Cost: $ $ 3 o o o. Poge 1 of 3 1. Pieaseli~the numberofU~ah msidentsthm wem sewed by youro~anizationthis qua~erandthe sewicesthm were pm~ded: SPACE's last quarter includes 6/98-8/98. Spring session of dance & drama classes-200 children participated in SPACE spring classes culminating in the Young People's Dance & Drama Festival at Mendocino College Little Theatre. 800 Ukiah audience members viewed this performance. Performing Arts Summer Camp-78 children, ages 8-17,took classes and performed in the camp show for 500 audience members at Mendocino College Center Theatre. 10 students were trained in assisting younger children as camp counsellors, 5 student~ took the teaching apprentice program, and two students were hired as assistants. 2. Descrbe to wh~ e~ent your pr~e~ will specifically after, sewe, and benefit Ci~ of Ukiah msidents: SPACE provides theatre and dance instruction and alternatives to Ukiah youth and their families. By offering a wide variety of classes, SPACE serves over 300 students through the year, ages 2 1/2 -20 with instruction and over 5000 children will see SPACE plays & dances in our performanc for public schools in 1998/99. The City of Ukiah benefits by giving families age appropriate activities for their children. Because the staff which includes the Associated Group teachers is culturally diverse, SPACE stage productions re- flect the broadest spectrum of activities & themes. Advanced students are trained in teaching methods. The City of Ukiah benefits by having a professionall 3. Describethe sDecificne~ds within ourCi~ hat our rQ~ose to' ~ The proposed project will provide afterschob~ a~lv~t[es ~r &~xaddresse$: £aren where they will learn skills specific to performing arts as well as social skills and building self-esteem. Our project offers 30 City of Ukiah sponsored full scholarships to families who are living near or below the poverty line. Last year SPACE accepted more scholarship students than donations to its SOS-Sponsor One Student program covered. The need is great for this type of support for ~'~ iow income families who are not covered by social service programs. 4. Describe the geographical area of impact affected by this pr.op, osedpro'ect'j . In the past year, SPACE's public school scholarship director, Cassie G~.bson, worked with 3 target schools, Oak Manor, Nokomis and Hopland to enlist students for SPACE's scholarship program. Any pricipal, teacher, or school counsellor from those school were invited to refer a child & their family to the program. With the City of Ukiah funding, letters will be sent out to Ukiah Unified School District principals inviting them to take advantage of this city sponsored program. This guarantees that children from all geographical area in Ukiah will have the oppor- tunity to benefit. SPACE puts a high priority on making classes accessible to 5. Describe how your program will coordinate wit,h other agencies and organizations in providing similar services to this area to comp~ment, rather than to duplicate their eff0~s: SPACE will send out the scholarship forms to other agencies so that they may refer children to this program i.e., PAI~ Boys & Girls Club, Redwood Children's Services, CASA, Chamber of Commerce etc. As far as we know there is no duplication of services. SPACE has always referred students to other local performing arts institutions which provide distin%cly different services, i.e., Mendocino Ballet, Ukiah School of Music, Ukiah Aikido & Gymnastics. Mendocino College. To our knowledge no other organization offers SPACE's unique and innovative curriculum. Page 2 of 3 1) continued Summer Street Dance-40 students were enrolled in SPACE's summer session of street dance classes. One trained high school student was employed to teach this summer session. SPACE Associated Groups-Ballet Folklorico de Ninos held classes for 40 children through the spring session. Children performed in Cultural Performance Project & Young People's Dance & Drama Festival. Hinthil Traditional Pomo Dancers also performed in the above mentioned shows and held classes through the SPACE program through the year for over 20 children and their families. 2) continued managed performing arts childrens' school in the heart of downtown Ukiah, accessible to a diverse population of families. 4) continued all members of the community. --L~L- 6. Where in Mendocino County are similar services provided and by whom:There are wonderful programs in the area for sports, classical ballet, intrumental music etc. SPACE is not aware of any other school in the county which focuses on musical theatre, drama, modern jazz and street dance with highly trained, professional performing arts teachers with backgrounds in childhood education. 7. Describe the current sources of ypur organization's funding,: C.urre.nt funding sources are from tuition, donations from private inaivi~ua£s, businesses, and private foundations. Mendocino County Department of Social Services provides SPACE classes for approximately 20 children. 8. Desc~be your proposed program budget (speci~ revenues, by sources, as well as expenditures, bytype):we propose the City of Ukiah provide $3000. to pay reduced tuition fees for 30 children eligible through our scholarship program. This will pay for 30 children to each attend one class a week for 10 weeks. After that point the student can continue in class through a payment plan or be included in SPACE's partial or full scholarship program. , If you have received funding from the City of Ukiah in prior years, please indicate fcr what years and for how much: e 4.'CanFur~lApp Thank you for completing this application! Poge 3 of 3 $ P A C != 289 No~ Hain S~eet · Uk~h. CA 95482 · 707~62-9370 ~urel Near & Paule~e A~old. Co-Dire~on SPACE was officially born in December 1995 when Paulette Arnold and Laurel Near joined together and combined their highly respected and successful schools of dance and theatre into NEAR & ARNOLD'S SCHOOL OF PERFORMING ARTS AND CULTURAL EDUCATION. SPACE was created in order to expand the excellent programs offered by Laurel and Paulette and to provide a better opportunity to educate the community regarding cultural and social issues affecting children, youth and families and to foster cross-cultural communications among the ethnic groups and traditions in our community. The expansion makes these opportunities and experiences available to many more children and adults, not only to those who display a special talent or have more economic resources. Tax- exempt status enables SPACE to apply for grant and foundation funding, to expand its fundraising campaign, and to take advantage of other opportunities. To accomplish the worthy goals of our Mission Statement, SPACE's dance and drama classes are offered to ALL children who want to participate. The classes are taught by professional dance, theatre and music teachers who have backgrounds in these fields as well as in education and who adhere to the high standards and ideals of SPACE. Our income is from tuition, performance ticket sales, private donations, fundraising events and business sponsorships. Families unable to pay the full tuition may use payment plans, a sliding scale based on an agreed rate, or receive full scholarships. The scholarship fund consists of community donations. No child who wants to participate is turned away solely for economic reasons. In addition, SPACE sponsors associated groups which themselves provide either free and/or scholarship programs for children in their programs. SPACE supports these groups by providing visibility in the SPACE calendar and other media, management assistance, and inclusion in the SPACE schedule of classes. These associated groups currently include Ballet Folklorico de Ninos, Hinthil Traditional Pomo Dancers, and Capoiera Yokayo. Dear Friends, 289 North Main Street · Ukiah, CA 9S482 · 707-462-9370 Laurel Near & Paulette Arnold. Co-Directors Many of you are aware of the marvelous impact of SPACE on community members of all ages. My own children began with Creative Movement when they were quite young. They have both enjoyed summer camp, and my daughter Kira has continued over the years with many different types of class, as well as the performance group, Earth Trek Teem. She has gained skills in dance, singing with a band, acting/performing, and sign language. She has gained self-confidence, a great sense of timing, and many fi'iends. She has broadened her ability to communicate with many age groups, and she has learned to see the importance of her individual skills and ideas within the group. As a parent, I have seen the joy and rapt attention of many young people as they participate in this program. I appreciate the varied multicultural/community experiences offered, and the chance to work with a variety of talented adults. I am amazed at the depth of emotion I experience at every performance, and how happy I am to be a part of this program. Became I know SPACE has a positive impact on those children and adults fortunate enough to participate, I have chosen to be a part of the Sponsor One Student Scholarship Program. I would like to see as many local families as possible be able to participate in SPACE, and to see the value of working toward positive inter personal skills. For this to happen, we need more scholarship contributors on all levels. Please consider becoming a SOS contributor. You may give a one time amount or $25-50 per month. You may call, 468-5351, or mail your donation to' SPACE PO Box 22 Ukiah, CA 95482 PS mail you one. Thank you, Cassie Gibson If you would like a copy of the SPACE schedule, we will be happy to NEAR AND ARNOLD'S SCHOOL Of PERFORMING ARTS & CULTURAL EDUCATION MAJOR SPONSORS Real Goods Trading Company KWINE KZYX /~in Street News Saturday Afternoon Club Vic's Printing of Laytonville Joan's English Toffee Ahl Forest Products Leslie Saxon West Graphic Designs by Max SPACE BOARD OF DIRECTORS Mary Ann Villwock Jeanine Nadel Marsha Little Lucinda May Segar Audrey Kircher Laurel Near Paulette Arnold Advisory Board Christine Hamilton Holly Near Rick Hamilton Alexa Armenta Carlos Jacinto Anna Araiza Amunka Davila Amy Wachspress LaCretia Peoples Edwin Lockhart Anne Near Phyllis Binder SPACE is a professionally managed not-for-profit community organization founded in 1995 and funded by tuition and donations from individuals, local businesses and foundations. nnn nr f mrlPnf Sci Anor 505 i: econ, most to bi ee! ne "A~" '"~"lt'~':em'~""?':"?l"%':. .... 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NEAR AND ARNOLD'S SCHOOL OF PERFORMING ARTS & CULTURAL EDUCATION MAJOR SPONSORS Real Goods Trading Company KWlNE KZYX Main Street News Saturday Afternoon Club Vic's Printing of Laytonville Joan's English Toffee Ahl Forest Products Leslie Saxon West Graphic Designs by Max SPACE BOARD OF DIRECTORS Mary Ann Villwock Jeanine Nadel Marsha Little Lucinda May Segar Audrey Kircher Laurel Near Paulette Arnold Advisory Board Christine Hamilton Holly Near Rick Hamilton Alexa Armenta Carlos Jacinto Anna Araiza Amunka Davila Amy Wachspress LaCretia Peoples Edwin Lockhart Anne Near Phyllis Binder SPACE is o professionally managed not-for-profit community organization founded in 1995 and funded by tuition and donations from individuals, local businesses and foundations. Sponsor One S udcnt Scholarship Prosram (S.O.S.) Miriam Graver * Whitewolf * Jeanine Nadel * Audrey Kircher Patty Valentic * Karen & Norm Rosen * Leslie Saxon West Anonymous * Phyllis Bluestein & Ricco Harden * Janine & Barry Vogel Rita Meyer & Dominic Squadrito, Jr. * Mary Ann Villwock Renee Vinyard & John McLeod SOS is a program that provides dance & drama classes for children from economically disadvantaged households. SOS contributors may give a lump sum or $£$-50 per month. . .:::.....'.: ..- . · --; Jlo¢ t0 ~' .... ." :-.'"; ' ~":::::~ "'..' ' ::;" "'?: "'-":" :%' '::': ':: ':~ --t~'li~; ~ ,Ill ~ .~_l" :' "'- . ....- ...::::.. . :~ ...... ;;~...j~ u .... .:' ..... tO Cu. ::-~::': ' ': .... ..: :;: ..... '-:... ~.:':::::"~'. ~ ~ ~,~.' ,"r ,~,.j, th~ "':: thm~' . ' ':':":?.%":':':: :: '""' r~m~ r .....:: · flick,,.-..-'"::?..: .... ~ ~'~ -' t~ ¢~ '~ ': i~'~a"' '¢': '~ ~ ':":: "'- ~' ~ ~ ~ ' : ,~fl~r¢'~--.J-'.'-': :.-~ :4 ': ' :' - ~ ~n ...' ..... ':-:...:...' .:.." ...... - :.:~;;.. .. :~ ...... '.~ ...- . :- .... ?:::.':: :?.:::.:?.:':'::.':' i ' ::::'. ~- . ' : ~n. .... r¢ tu ' .... [~ :: . .':'..:::.::':' :' · -'. t~¢ · :- · 't ~ · .".'~ ff ..... '- '-.': .... ~:'-:~:::" ..... ,,~- it ~ ,.. [,~ ¢~i,~ --.. '.:.:.::: ;::. :./..-::?'.: ;%: ;:;-. ::.:..; ~:'"..~.'.~.: ::'::':.-.':-.:~':':.: _ ::-:.. ~,"r' · "~l:~u~ . ....... ... .... -"' :". ~-:.: ."~: :: :-:': ':'. : ...:'.' '-."': ....... '.'~ · . ~ ~ ~" ~t. :'--- .:-'..: .-.-'~.':.::.~.'....; ":'.. -'., · ~ o~4 · ~,~ .... . . .......:..:..:..... ..... . ~ .. .. , ch · ..-.. g ....... · ............ ... .......... · . , .. ~ · . .e~.., ..-:.:.~.~:-...:. ::-.-. .... ,.. ..... :. ~- ~ O. ~ .... . ~t~t~l~.~.-~..:...~...., '~::.¥.. :. :.....~?. ~' ~S' ~trot ..... 'toiPJ ,CE.~ ~ · ::::.:? .... .~, ~:~.~.::..........:. ;::~ :: :::. ~: .... ... :-::::.~;:;::;.:../::.-..:]~;::?~: :...~:.? ?: :-::?;:U:'?'::'~:.::~ :'.. ..... · ..:. :.:- .. ..:. , pAc NEAR AND ARNOLD'S SHCOOL OF' PERFORMING ARTS & CULTURAL EDUCATION Calendar Sponsors Mary Ann Villwock, Attorney Ann Moorman, Attorney Coyote Volley Tribal Council Perkowski Screen Printing Cheesecake Mamma- Robin F. Collier Brigham & Gaustad, Attorneys Ukiah Sunrise Rotary Club IKON Office Solutions Hawkes Construction Marathon Foreign Auto Parts Bulldog Brothers Foreign Auto Repairs Soda Creek Press Nelson & Riemenschneider, Attorneys Mason & Morrison, Attorneys Clark Musical Instruments Freedom Skate aShop Graces Natural Fiber Clothing Rain Forest Fantasy The Grapevine Cafe Vintners, Brewers & Casinos in Support of Healthy Children Fetzer Vineyards Frey Family Vineyards Anderson Valley Brewing Company Shodakai Coyote Valley Casino Capital Campaidn & ProBram Expansion $1-$249 John & Susan Hempsmeyer Andrew Kircher/Idle Youth Ronnie Gilbert Ed. J. Langley Rita Meyer & Dominic Squadrito, Jr. John & Emily Nelson Peter & Martha Bradford Jeanne Collins Belinda Nosh George & Denise Rose Kathy Fisette Elliot & Marsha Little Len & Debra Brutocao Cindee Mayfield Julie Merz Dolly Riley W. Howell Hawkes & Mary Anne Landis Cyndi & Tom Montesonti George & Marilyn Buono Steve Rugg & Holly Laird Janna Hansen & Scott Claypool Wm. P. Fitzgerald Elizabeth Black Julie & James Bawcom Ruth Sander Joanne Alexander Gael Kreider Lucy Bayer Timothy Near John & Angle Lowe Sharon Kamaroff & Bell Springs Publishers Jean Near Virginia Lindsteadt Sharon Lieser Kevin Murphy & Vivian White Dorothty Mandel Goil Gilbert & Kirk Von Pollen Lise Osborn Phyllis Webb Miriam Zeevi Renee Gannon & Jeremy Mann Judith & Robert Rushton Lillian Hoika Dr. Richard Gardiner Bonnie & Jared Carter Downtown Dance/Art Space Maverick Enterprises, Inc. $250-$499 Donna Korones Karen & Norm Rosen Jennifer Homing Renee Vinyard & John McLeod In memory of Sheila Feldman Willits Coast View Properties $500-$999 Mary Pafford Lynne Caen & Charles Holt Sandy Turner & Louisa Aronow Sanford Elberg - -. The Clubs Patricia & John Valentic Francis & Sylvia Rust $1000-$2999 Mr. & Mrs. Robert Gerber Anonymous Greg Nelson Ahl Forest Products Skip Gibbs Co., Inc. Real Goods Trading Co. Mary Elizabeth Govatsos Joan's English Toffee Rainbow Construction Masonite/International Paper Soda Creek Press $3000 PLUS Bonnie Roi, Holly Near Leslie Saxon West Complan Foundation Inc. New Dimensions Radio IIr YOU HAVE CONTWIBIJI'[~ & YOUR NAME DOD NOT APPBAR ON THIS LIST, PI. EASE LET US KNOW ilSPACE i.s. finding it necessar, yto '~ e!s .ewh~e;~'ifind a'i?~,,i.:t~i::~all .ils'.~'.:Even ~th our. best.~'.~ :high :-expectat,ons and 'the good intentions Of. the':City ~':Uki~;'!.We:had ~' ~ondUde ~at the building We'were-leasing from the" ~' :Ukiah Redevelopment Agency (UP, Al at 289 N°rth'Main'$tre~ cann°I be:'~e:usa~e. Since June :1997/:in ~OOperative ~:-efforts to make the building w~athertigl~, ,SPACE. ~ ~ple~ itrUctural reinforcement work and the 'URA.had i; repeatedly repaired the roof. UnfortunatelY,'"ihe roaf.oantinUes-tO'::lea~ :and there ;~ :~ ~Ssurance that il:will nm'continue ~! .do ,o. Al its April 'meeting,'. the SPACE .Board of :Directors'regretfullY:Votecl'iO'terminat~' the lease/.We.are'continuing to look for another facility,-so please 'let 'Us knOW of any. prospects. The Board Continues to hold in trust the monies-.donated for the building renovation project. '.. :.. '.:'.....' -.:::. ::. -".-:::'..':'. :'-;.:./::'.-::.;;..-.: - ....;:" . ... . Near & Arnold's School of Performing Arts & Cultural Education P.O. Box 22, Uklah, CA 95482 (707) 462-9370 Laurel Near & Paulette Arnold, Co-Directors APPLICATION FOR PAYMENT PLAN OR SCHOLARSHIP Student's name Name of Parent making this request Date Address Phone (home) (work) Total tuition: Please state what kind of assistance you are requesting: 1. Date Payment Plan: Amount I will pay the full tuition in monthly payments: Date Amount w m Date Amount Date Amount Sliding Scale: I can pay this amount $ Full Scholarship 4, rather than the total tuition. I will be able to pay the registration fee of $25.00 Comr)lete below only if applyin.q for Slidin.q Scale or Full Scholarship: Own home: Rent: Monthly mortgage or rent: Employment: Full time: Part time: Employment: Full time: Part time: Gross monthly income: $ Number of persons residing in home: Number of children currently enrolled in SPACE classes: Please state briefly the special circumstances to support your request for scholarship assistance. It is the intention of SPACE to make its classes and programs available to all students, regardless of special financial circumstances. The information on this form will be kept confidential. Near & Arnold's School of Performing Arts & Cultural Education P.O. Box 22 · Ukiah, CA 95482 (707) 462-9370 U.S. Postage Paid Permit No. 161 Ukiah, CA Non-Profit Current Resident or Class Schedule- Register Now ! 1998 Fall 12-Week Session: September 14- December 11 (No classes November 23 - 27, Thanksgiving Break) ¥~LL :uo!leOO~l - l~Z-g Xlnf ¥~L :sJolaoJ!CI 1SOHO ZI-6 sope~ 'uo!ss.rtupe uadO alnll, lsuI Sl*lV ~U.lttLIO$.la{l ¥t3£ :uo!leao'-I - I £-L Xlnf ¢,I-8 sa~e 'uo!ss!tupe nadO dineD aammn$ slav ~u.n~Mo, l~ad qaxelAI q~no~ql ~Jeruqa:I SlOOqaS a!lqncl aql u! :no£ suaaj~ ~la.LL qlae~ ¥i~j* :uo!leao-I - 866I '9'~'t~ aun£ leA!lSa~l etue.i(l ~R aaue(l ¥t3£ :uo.neao'-I - 866I 'Xel/g asea~oqs 'sas s.sa~lelAI~eid ¥~£ :uopeao"I - 8661 'qazeI~I XoIreA qe.r4fl aql tuo:j suo.n!peal ~p SalXlS luama^om jo o~uettuoj~od ~u.tl!axa urv laa.l'o.~l aauemaoJaad leanllnD o:leaq£ :aluaD a:gallOD ou!:}opuolAI ¥13~L am!j. ~g aleCl ;aaauo~) 8uosJalm. A~ 8u!uJo d Monday Tuesday Wednesday Thursday I~riday Saturday Locations SP^£F 1998 f'^LL SESSIOM September 14 - December 11 (No classes November 23-27, Thanksgivins Break) In£orrnation: Laurel at (707) 462-1759 or Paulette at (707) 462-9370 Class In The Streets PlayMakers Srs. Earth Trek Teens Jrs. Drama I/II (8-11 yrs) All In One Adult Street Dance T'm Chi Ch'uan Capoiera Yokayo (all levels) Beginning Street Dance (12-18 yrs) Performance Workshop (8-13 yrs) Beginning Street Dance (8-11 yrs) Beginning Boys Street Dance (8-11 yrs) Mod/Jazz II/III (11-18 yrs) Feat of Freedom Intermediate Street Dance (8-18 yrs) T'ai Chi Ch'uan Creative Dance (2 1/2-3 yrs) Creative Dance (3-4 yrs) In The Streets Apprentices Creative Dance I (4-6 yrs) Creative Dance II (5-6 yrs) In The Streets Technique A (8-11 yrs) PlayMakers Srs. Technique B (9-16 yrs) Strictly Streets Ballet Folklorico de Ninos Capoiera Yokayo (all levels) Creative Dance (3-5 yrs) Performance Workshop (8-13 ),rs) Technique C (11-adult) Pre-Mod/Jazz (7-9 yrs) Drama II/III(12-18 yrs) Feat of Freedom Mod/Jazz I/1I (9-11 yrs) Advanced Dancers' Workout Hinthil Traditional Dancers Earth Trek Teens Srs. Capoiera Yokayo (all levels) C. apoiera Yokayo (12 yrs. & under) C. apoiera Yokayo (beginning) Time Teacher & *Location 4:00-5:25 Leslie* 1 4:00-5:25 Hardeman*4 4:00-5:25 Near* 1 4:00-5:30 Arnold*2 5:30-6:25 Leslie* 1 6:30-7:30 Leslie* 1 6:30-8:30 Wetzel*2 7:00-9:00 Davila*5 3:30-4:25 Leslie*l 3: 45- 5:45 Amol d/Nadel * 2 4:30-5:25 Leslie* 1 4:00-4:55 Platt* 1 4:00-4:55 Metzler*3 5:00-6:00 Metzler*3 5:00-6:00 Platt* 1 6:00- 7:00 Wetzel* 1 9:30-10:15 Arnold*2 10:30-11:15 Arnold*2 2:30-3:55 Leslie* 1 3:00-3:45 Arnold*2 4:00-5:00 Arnold*2 4:00-5:25 Leslie* 1 4:00-4:55 Near* 1 4:00-5:30 Hardeman*4 5:00-6:00 Near* 1 5:30-6:30 Platt* 1 6:00-8:00 Vasquez & Banuelos* 1 7:00-9:00 Davila*5 11:00-11:45 Arnold*2 3: 45- 5:45 Amol d/Nadel* 2 4:034:55 Metzler* 1 4:00-4:55 Near* 1 4:00-5:30 Hardeman*4 5:00-5:55 Metzler* 1 5:00-6:00 Near* 1 6:00-7:00 Metzler* 1 6:00-8:30 Hamilton* 1 4:00-5:00 Near*TBA 6:00-8:00 Davila*5 Noon- 1:00 Davila*5 1:00-3:00 Davila*5 * 1 Saturday Afternoon Club * Comer of Oak & West Church Streets *2 Ukiah United Methodist Church Social Hall · Bush & Standley Streets '3 Deenvood Country Club '4 Trinity Baptist Church Social Hall · 900 S. Dora Street *5 Redwood Health Club, 3101 State Street-All locations in Ukiah, CA 95482 Perforrnonc¢ Closses ALL IN ONE (AIO - STREET) will focus on street choreograph>' and performance, including Performance Workshop and one other event. Meets once weekly; required to also take Int. Street or Tech C. AIO is suggested for students preparing to audition for ITS Apprentices. Ages 10-15. Director approval required. A. Leslie directs. Artistic director: Near. EARTH TREK TEENS JRS. (ETT JRS. - SINGING/ MUSICAL THEATRE) is a two-session class (fall & winter). Will learn songs, scenes and movement from as yet to be named show. Fall: will appear in various local performances. Winter: will tour four public schools. Meets once weekly with extra rehearsals before each performance. Ages 12 & up. Apprentices (ages 9-11) welcome. Near directs theatre & movement~ guest musical director. EARTH TREK TEENS SRS. (ETT SRS. - SINGING/ MUSICAL THEATRE) Advanced vocal group with emphasis on solo and small ensemble performance. Will perform in Pumpkin Fest, Wintersong, and other local venues. Ages 12 and up. Meets once a week. Audition required. Director: Near. FEAT OF FREEDOM (FOF - MODERN/JAZZ TECH- NIQUE), a year commitment, including Mendocino College Repertory Dance Performance, Nov. 20-21. Two guest choreographers, each with Sunday workshop. Meets twice weeldy; Tech B/C is also required. Suggested for students preparing to audition for ITS. Ages teen through adult. Audition required. S. Metzler directs. Artistic director: Near. IN THE STREETS & APPRENTICES (ITS - STREET/ THEATRE), a year commitment, performance group for advanced high school and college students. Will perform at 'Wintersong," Event of the Heart, Cultural Performance Project and man), other community events. ITS meets twice weekly, Apprentices meet once weekly; Tech C also required. Additional rehearsals will be scheduled for performances. Audition required. A. Leslie directs. Artis- tic director. Near. I~ERFORMANCE WORKSHOP (PW - MUSICAL THEATRE) produces a fully staged musical for 3 public performances and 4 school day matinees, January 20-30, 1999. Ages 8-13. Advanced singers encouraged to enroll. Meets ts'ice weekly through December; 4-5 times weekly Jan..4-19. Directed by P. Arnold and J. Nadel. Guest musical director and choreographer. Maximum: 30. PLAYMAKERS JRS. (PM JRS.- ACTING / WRITING) Advanced acting training providing chal- lenging techique and additional performance experience. Participate in the Performance Workshop in the fall. In winter/spring writing emphasis and performs in Drama & Dance Festival. Ages 9-12. Directed by Arnold. Audi- tion required in February. PLAYMAKERS SRS. (PM SRS. - ACTING / WRITING / PRODUCTION) is a year commitment. Meets twice weekly. Fall: intense training in vocal and breath technique, scene study and improvisation. Winter/ Spring: rehearse and produce play. Selected pieces also performed in Drama & Dance Festival. PM Srs., will also be backstage and house crew for Performance Workshop Jan. 4-30. Ages 13-18. Audition required. Directed by M. Hardeman. Artistic director. Arnold. STRICTLY STREETS (SS - STREET/PERFOR. MANCE) is the advanced boys' street class. Will per- form at Wintersong, Cultural Performance Project and other community events. Meets once weekly. Audition required. C. Platt directs. Artistic director: Near. ~c~ln8 Drama VII, ~g~s 8-11 Introduction to acting using storytelling, improvisation, and reading scripts. Suggested as preparation for Perfor- mance Workshop or PlayMakers Jrs. Directed by P. Arnold. Drama II/HI, ~es 12-18 Introduction to acting using improvisation and scene study. Suggested as preparation for PlayMakers Srs. Directed by M. Hardeman. SPACE's mission is to make a model of serving youth, families, cultural groups and communities through the performing arts, by improving the essential well-being of young people everywhere. SPACE is a professionally managed organization founded in 1995, and tax-exempt under IRS code section 501(c)(3). - Tuition/Fee Schedule Tuition is due the first me~ting of class along with a $25 annual registration fee,if not paid previously in calendar year. A $10 fee is charged for late payments. Make-up classes will be scheduled only if a class is cancelled by the teacher. Enrollment is limited. You may pre-register on Sept. 1 or 5 at the Ukiah Farmer's Market or by completing the enclosed registration form and mailing it, along with your check or money order, to: SPACE, P.O. Box 22, Ukiah, CA 95482. PLEASE, NO CASH. You may also register at the first class meeting you attend. When space allows registration is ongoing. Drop-in attendance is permitted only if space allows. The fee is $10 per class. Fee Schedule Technique Classes (12 weeks) Creative Dance 1 class/week ~ $8..50 ............... $102 1 class/week ~ $9.25 ........................................ $111 2 classes~week ~ $9.00 ..................................... $216 3 classes/week ~ gg.7$ ..................................... $31:5 4 classes/week ~ $8.50 ..................................... $408 ;5 classes/week ~ $8.25 ..................................... $495 Performance Classes (includes guest artists fees ~nd mrformance-related rehearsals - ]2 wee~s) Performance Workshop (4 hrs/wk) .................... $350 Earth Trek Teens Jrs. (1 1/2 hrs/wk) .................. $150 In The Streets (3 hrs rwk) ................................... $300 In The Streets Apprentices (1 1/2 hrs/wk) ......... $150 Feat of Freedom (2 hrs/wk) ............................... $200 PlayMakers Srs. (3 hrs/wk) ............................... $300 All In One (1 hr/wk) .......................................... $125 Strictly Streets (1 hr/wk) ................................... $135 Earth Trek Teens Srs. (1 hr/wk) ......................... $135 Monthly payment plan and scholarships available. Call Laurel or Paulette. ssoctated Groups working in cooperation with SPACE. BALLET FOLKLORICO de NINOS teaches and performs Dance Technique Classes Creative Dance, ages 2 112 to 7: Using improvisational structures and story dances that allow children to move at their own skill levels, students learn to creatively use the elements of dance. Emphasis placed on the experi- ence of movement & the dancer as creator. Placement is by age and experience. Beginning Boys Street Dance, ages 8-12: Focuses on an athletic movement style of street and hip hop. Boys have the support of other boys to continue their dance training. Technique A, B or C is strongly recommended. Pre-Modern/Jazz, ages 7-9: Students learn the vocabu- lary of movement, music and the beginnings of improvi- sational forms. Students are also introduced to stories, songs and music from diverse cultures. Modern/Jazz 1, H & 111, ages 7-18: Jazz explores modern and jazz dance styles ranging from lyrical to funk to blues. Emphasizes technique, alignment, musical variations and combinations. Students generally study 2 years at each level and are required to take at least one technique class per week concurrently. Place- ment is by teacher and director approval. Technique A, B & C, ages 7-18: All students taking a Jazz class are required to take at least one technique class concurrently. Classes cover fundamentals of movement which include alignment, weight, time and force along with stretch and isolation exercises. Place- ment is by teacher and director aproval. Beginning/Intermediate/Advanced & Adult Street Dance, ages 8-Adult: Street dance is a funk), style of movement stemming from African dance, jazz dance and tumbling. It emphasizes specific steps and rhythms in a high-energy dynamic style. Technique A, B or C is strongly recommended. Attire Creative Dance: Bare fcc, t, leggings, sweat pant, shorts, t- him, leotards or other loose comfortable clothing, s Modern/Jazz.. Black footless lights, sweat pants, sleeveless leotards or tank tops. Hair tied back. Street Dante: Running shoes, sweats or loose jeans, t-shirt or leotard. Drattm: Com- fortable, loose strce, t clothes. AH ttudentt are encouraged to bring a warn' bottle HINTHIL TRADITIONAL DANCERS teaches young people Mexican folk dancing for ages 5-13. Call program director Ann Araiza, 462-8964. CAPOIERA YOKAYO Afro-Brazilian martial arts and music classes. Ages 8-adult. Director: Contra Mestre Amunka Davila. Info & fees: 462-1342 of Poma ancestry songs and dances and how to make their own regalia. Call program director Christine Hamilton 468-5564. IAI CHI CH'UAN, a soft martial art, promotes strength and flexibility while calming the mind. Director: Jeanne Wetzel, 468-5881. i?.:?: ';'..: t'.!::.!:" .' 0 '-- "~ .... ...:- . · '~ .~ ~ ~ :~."::?':':.~?":' ~:~"~:':':-:". ~ 0 ~::~:~:. :::::::::::::::::::::::::::::::::::::: .~?::?':'=:~=~?"'.". :h..: :".." ::' ~.:?'.:. :::.:"::~.L' .' :.: E ~ ?:' ..::~:~:.::~:' ." . 0 ~ '~ :~L~::':":. ::::' :. '. ~ ~ ~ m ............. ~*:::*:::::. -',. :(:..' ========================= ~ ~::~::~: ........... ':'::' .......... 0 ':~:'~ ........ :::~.~::...... ...~.. SPACE (NEAR &ii!!A~NoLD'§ii.~OOL OF PERFORMING ARTS & CULTURAL EDUCATION), I'~Ai'~'Bow C0~T~:UcTION & SKIP GIBBS COMPANY INC. in coOPer°tior7 Wi~i~ENDOCINO COLLEGE COMMUNITY EXTENSION '??: ~ :p~esent the ~:Cultural Performance Project .. . .-. COMMUNITIES LOCAL ~, 8AY AREA GUESTS,?' SATURDAY, MARCH 28 * 2 P.M. & 7 P.M. SUNDAY, MARCH 29 · 2 P.M. Little Theatre, Mendocino College, 1000 Hensley Creek Road, Ukiah, California A benefit for SPACE ,Real C;oods'Trading(:°mPahY,:Ahl' :Fore~t 'Products;ig:a~u~:a:~ · :Vic s Printing ofLaytonVil'le,'i:i~.~;X,':;:KWlNE, Main' Street :~: :SPACE is a'.'profeSSi~:~ij~:~a:n~ :~/6~.~i[' ~'~-~'ni~::'~gani~. ~:?::.:.::v. -... ; tuiti, on::~a~d dOna{ia~::~:~.:i:~i.~id~l~: (Sun, only) (Sat eve. only) (Sun. only) ':~.;:-~-,U~' ~'~'. Sunc'ay on¥.:'omo~'~o Pons, director: Kathy Alton Hin~l Tradi~nal Po~ ~nc~'T~ch~s: ;Christine :& ~imard (SPACE ~ocioted Gr~) ; J~ ;~.;~ ;. :; ~; .: ...; ' Coyote Valley K~ia Dance~-Teacher: Jackie Nosh Ballet Folklodc~Trad~onal Mexican Dance, dir~ted by J~enal V~uez, ~car Deharo Ballet Folklorico de Ninos-Troditional Mexican Dance, directed by Aha Araizo, Teachers: Juvenal Vasquez & Norma Banuelos (SPACE Associated Group) 'Big Woman' - Kote Mogruder, music: Dire Straits (Sat. only) (Sat. only) (Sat. only) (Sat. only) Ukioh Gymnastics 'Shake, Rattle & Roil' Improvisation, directed by Gayle Fillmon, music: C. Calhoun, musicians: White Chocolate-David Uncoln, Russell VanAntwerp, Quinn VanAntwerp SPACE, Jazz I- 'Lifeline" choreography: Laurel Near, music, ian~ White Chocolate-David Lincoln, Russell VanAntwerp;:'~i~{nlvo'h~tw~ sung Dy ~roce Mogruder, music: Walter Robinson choreography: Rocio Mendoza, Gayle Fillman, Sarah music: Two Def MCees , S.PACE, Feat Of Freedom-'l Hear the Mother Co,ling. dir~j!~i~r,'; choreography: Sarah Crowell, music: Melonie DeMore Jenna Byrne Dance Studio-'Ready for the Storm' & 'Celebr~:-:'? choreography: Jenna Byrne, ~'~!:ii~[iiiiiiiiiiii;!i!ii??~;:: ;:;' - ' music: Deato, Davy Spillane & Donal Lunny, costumes: Kathy Dingman Kotz Sterling Wright-Traditional choreography: Amy Seiwert, . music: Grease ..... ':~ I N T E R M I S S I 0 N Capoiera Yokayo-Brazilian Martial Art, directed by Amunka Davila (SPACE Associated 'GrOUp) .......... ::...¥i!: ':.........:r: David Lincoln-Traditional Grass Dance iiiil;;il;::?i~i~i:~:~:::~' only) Freddie Long & Joe Dowling-Contoct Improvisation _ !iiiiil i!~ ~!!~ly).:.SPACE' Feat of Freedom, ~ythm Zone,' choreography: sandy Mel-z~, music: Mickey Hart .... ¥?.:::.:::::: :::.:::; -:music:. Ceilidh Mix; Astral - . .f7'UD NT" -' -Miriam G~uver, Whitewolf, Jeanine !'. Nodel, Audrey Kircher, Patty Valentic, · "Jeanine Nodal, Karen & Norm r~osen, ' ..: .. Leslie Scion Wet, Anonymous, . ii.i... .... '.Phyllis Bluestein, Ricoo Harden, - ' ..:: .: ... . ;:.: .....- Jonine & Barry Vogel, Elto Meye[~: ;...'."!.i ..... · '"' --' Dominic Squodrito Jr. · . : ;;.'i:;.:':".: ' .' ' · -: :': SO,SpOnsor One Student program ' .i??". i- ..'Pays fOr economically needy ' !- ~ ........ .. .student's tuition and supplies, i:: 'i.''~/".~::?:..;: If you would tike to be a "..:':. ;:'" '.:-?:?~-:~.: ';: :.: f~holorship sponsor, -: '~ ..:": :-" ::' ' .' ' '":'.'- .... .;: ,.~.;:'i:ii: .' .'please call.for Information " ~'::::~ ......... "'"~': '""'write" ' !': ..... ::..:..-; .... '-or SPACE-SOS :': .':::..'Z .'.'. "' .;' '::.- ?iii/?':.'; PO Box 22, Ukiah, CA 95482.' '....';'iii:: '.-:: ;:':';::~:~"::--'prOgram Director: Cassie Gibson ' .:;.,.,-.:: ' 'suggested donations !?:.~."';i:';'~.Monthly: $50 · Biannual: $300 - ;:-...'... ::;'. :' Annual: 8600 . . · . !:, .. '98 CALENDAR .f'PON$OR$ : .. Mary Ann Villwock-Attorney, Ann Moormon-Attarney, Coyote Valley Tribal Council, Perkowski Screen Printing, Cheesecake Mamma- Robin F. Collier, Brigham & Gaustad-Attorneys, Ukiah Sunr'~e Rotary Club, . ...... IKON Office Sot~ons. · Hawkes Construction, ~'" Marathon Foreign Auto Parts, ; Bulldog Brothers :::-- . Foreign Auto Repairs, . Soda Creek Press, ' Nelson & ~iemenschneider-Attorneys, Mason & Morrison-Attorneys. Clark Musical Instruments, Freedom Skate Shop, .:Grace°$ Natural Fiber Clothing, "' :'Rain Fore~ Fantasy, . 'The Grapevine Cafe - (;; .;.::; ' dND CASINOS in support of Heatthy Children ~::. :'!~' ':':'- Fetzer Vineyards, i~:. Frey .Fam~ Vineyards, :. . · ..:;'.. ~::.. :!; Anderson Valley Brewing Company !? 'Shodakai Coyote Valley Casino ;SPACE (Near & Arnold's School of performing Aris & Cultural Education) is Committed to educating the community regarding culturo! and social issUes affecting children, young people and families, and fostering .cross-Cultural municafion among groups and traditions in our communtty. SPACE :does thbbY producing quality theaffe and dance with and for young people drawin a large community support group for every event. Local and regional thegafr dance, e?: ....... music & art professionals, parents and business people, many of them volunteering hundreds of hours, work with and Inspire the children. SPACE is a tax-exempt charitable, educational institution under IRS code section 501(c)(3) What makes SPACE unique among children's theatre groups is that the young people participating in its programs not only rehearse and perform, they also practice living. Children today are bombarded with Information and pressure from television, radio, magazines and their peers. It is essential that each one of us be a SlTOng voice in support of building character and helping children develop into strong, compassionate, respectful human beings. SPACE's goal is to make a model of serving youth, families, cultural groups and communities through the performing arts thereby improving the essential well-being of young people everywhere. We anticipate that this model will be nationally recognized and emulated. SPACE believes that Ukiah ts a perfect place to create this model. UPCOMING COMMUNITY PERFORMIN$ ARTS EVENTS: March 28 Boogie for Bear, DANCE!-Acoustic Nation, Block Horse Blues Band, Frida's Circus, Todd Grove Clubhouse 8:30 pm April 3 Sundance, Jenna Byrne Dance Studio. Willits High School, 7:30 pm - April 25, 26 April 24-May 2 April 16-May 3 April 22 April 24 April 25 Pow Wow, Mendocino College Gymnasium Bernstein's Mass, Mendocino College Performing Arts Depts., Center Theatre A Few Good Men, Ukiah Players Theater Hispanic Retreat, Mendocino College. Ballet Folklorico CARE Program, Mendocino College Day of the Young Child, Potter Valley High School. Ballet Folklorico May 2 May 15, 16 May 21 May 30 June 4~5~,7 July 8-Aug 1 August Cinco de Mayo, Alex Thomas Plaza, Ukiah SPACE's Playrnakers Srs., 'Through Our Eyes,' Ukiah Playhouse Mendocino College Repertory Co. Auditions. Info.: Leslie Saxon West, 468-3079 SPACE's Creative Dance Recital, Mendocino College Utile Theatre, 11 am SPACE's Dance & Drama Festival, Mendocino College Little Theatre SPACE's Performing Arts Summer Camp at Mendocino College Watch for SPACE's Registration Dance Party at Alex Thomas Plaza ,~:~A CE b now offering Swlr~ Dance ~ Eddie Vedolla, Jr. Safurd~, I0 am, Deen~,ood Country' Club, begins April 4 FOR INFORMATION CALL 462-17,59 SPACE'$ Performing Arts Summe~ Camp brochures available April I. FOR INFORMATION CALL 462-9370 SPACE (Near &Amold's School of Performing Arts & Cultural Education) Release From Liability & Indemnification Please rea~l and sign: I, the parent(s) or guardian(s) of the individual named below, have agreed to allow my child to participate in SPACE's dance, theatre, music and art classes and rehearsals. In consideration for and as a condition of such participation, lagreeto indemnify and hold harmless SPACE and its employees, officers, and agents from and against any and all liability, save and except for the sole negligence of SPACE or its employees, resulting from injury associated with my child's participation in these activities. I furtherrepresentthat lunderstand and am familiar with the nature of the activities in which my child will be participating in the program, that my child is in good physical health, and that he/she does not have any physical or emotional conditions, past or present, of which I am aware, which in any way affect his/her ability to participate in these activities. I further agree to allow use of my child's photograph for program publicity. Ihave read and agree to the registration and program policies. I HAVE F, EAD AND UNDEF-,STOOD THE ADOVE ?AF, AGF.,A?HS. THIS F-,EGISTF..ATION FOF.,M 1,5 INVALID UNLE55 IT 15 51GNED. Student's Name: Signature: (Parent or Guardian) Date: Day Phone: Person to Notify in Case of Emergency: Night Phone: Relationship: Emergency Phone: For Office Use Only: S5C- 505- City Uk Ca-m-lin Fund 8 / 98 UCC CITY OF UKI~ COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization: IJkiah Comrnnnitv Center Date: September ,4. 1998 Address: 888 North State Street.. Ukiah CA 95482-3410 Executive Director: ludy M. _lucld Phone: 462-6183 Name of Contact Person: ludv M. ludd Title of Contact Person: Ex~cutix;e Director Profit XX Non-Profit Phone: 462-6183 Date Incorporated: August 21. 1971 (Please attach evidence) How long has your organization been in existence? Does your agency have an Americans with Disabilities Act Plan? Yes/.]SIa. UCC is not required to have an ADA Plan. However, UCC is committed to full access for disabled persons, and an employment policy of accommodation. Project Title: Crisis Line/half-time position for four months Project Location: 888 North State,qtreet_. Ukiah CA 95482-3410 Location(s) of additional fadlities operated by your organization: Description of total agency activities or services provided: Programs include Food Bank, Temporary Assistance Program, Crisis Line, Holiday Sharing Project, Homeless Prevention and Supportive Housing Program, Volunteer Center, other. UCC is applying for support for the Crisis Line, which provides a simple and quick way to reach an on-call worker from an appropriate emergency human services agency, any time of night or day: 800-575-HELP, or 463-HELP. Calls to the Crisis Line are about suicide, abuse and neglect of children and elders, drugs, alcohol, AIDS, hunger, homelessness, rape, stress, depression, "runaways," spousal abuse, and other crises. Amount requested: ~ Total Project Cost: -$232//)~ (entire program) There are currently no funds for staffing to oversee the Crisis Line, only small amounts for an operator and general administration. UCC needs someone to keep the program viable while seeking other funds. 1. Please list the number of Ukiah residents that were served by your organization this quarter, and the services that were provided. Organization: UCC provides approximately..3/]flQ_ unduplicated persons every ~ with crisis intervention services, food, shelter, case management, 4:CanFundApp Page 1 of 3 ¢~t-y ~ Carrr~ z. un~ s / ~s UCC . information and referral, and other services, as well as services to other agencies and organizations serving citizens of Ukiah. Crisis Line: UCC's Crisis Line program connects individuals with emergency workers from the following agendes: Estimate. January through March 1997 Quarterly Agency Providing Response II .o. of through the Crisis LineII Need Percenti Calls Public Health HIV/AIDS 0.32% 6 Adult Protective Services elder abuse, neglect 2.24% 39 Ford Street Project alcohol, drugs 3.32% 58 UCC/Ministerial Assoc. food, shelter, other 6.10% 106 Youth Project runaway, other 6.64% 115 Children's Protective Services child abuse, neglect 10.85% 184 Project Sanctuary dom. violence, sexual assault 13.38% 232 Mental Health suicide, depression, other 47.05% 814 Other/Misc. 10.31% 179 [ I 100%i1'731 (1,622 inland calls, 109 coast calls) Approximately 1,298 of the above calls (5,192 calls per year) are from Ukiah. 2. Describe to what extent your project will specifically affect, serve, and benefit City of Ukiah residents: Cit-i~en~ need 24-hour. confidential acce.~.~ to: · Suicide prevention, stress and depression counseling, other mental health services · Protective intervention for neglect and abuse of dependent adults · Protective intervention and prevention for neglect and abuse of children · Services for youth and families, runaways · Drug and alcohol programs · Rape and domestic violence intervention · Food and shelter seven days per week (until 9:00 PM) · Other crisis services. 3. Describe the specific needs within our city that your proposed project addresses: Tho Crisi~ Lino grontIv enhances the cnrnmunitv'.~ ability to r~rovido Hmelv. ar~r~ror~riate, easv-to-u~e ntervenHon and .~ur)r~ort or families and individuals in · · · ,,, · & cri~i~. This centralized, confidential, around-the-dock response system significantly reduces the burden on law enforcement. Response information is comprehensive and up-to-date, thanks to centralization and coordination, eliminating confusion about programs and helping to "sort out" the complex needs of callers. The Crisis Line provides free access to intervention, makes services easy to use, increases awareness that help is available, and makes human services accessible and understandable to those who need help. For example, The Crisis Line gives children an easy-to-use "life-line," and provides access to services for those who are isolated or homebound. Community resource~ are focu.~ed on ~revention arid on redurir~ the 4:CanFundApp Page 2 of 3 city uk Carm~ r~d s/gs UCC conseauences of crisis. The Inter-Agency Crisis Council (IACC), coordinated by the Crisis ~ine, keeps the multiple-agency system working smoothly and provides a forum for planning and effective delivery of emergency services. The Crisis Line provides economy and efficiency for organizations and agencies through consolidation of: telephone lines, staff to answer the lines, staff to troubleshoot the handling of calls and the telephone system, and outreach efforts. 4. Describe the geographical area of impact affected by this proposed project: Although the majority of calls originate in Ukiah, the Crisis Line is available county-wide. 5. Describe how your program will coordinate with other agencies and organizations in this area to complement, rather than duplicate, their efforts: There are many specialized agencies responding to specific crises, but the Crisis Line is the only multi-agency, centralized response system. Coordination is its purpose. 6. Where in Mendocino County are similar services provided and by whom: The Crisis Line is completely unique. 7. Describe the current sources of your organization's funding: Organization: City FESG, Crisis Line agency contracts, donations, Mendocino County Shelter Contract, Mendocino County Supportive Housing Contract, Special Events, FEMA, sales of donated Real Goods shares, United Way, other. Project Crisis Line: agency contracts, donations, United Way. . expenditures, by type): Fiscal Year 1998-1999 Agency Contracts (County and NonProfit) Donations United Way Miscellaneous Subtotal City of Ukiah, Proposed Total Describe your proposed program budget (spedfy revenues, by sources, as well as $16,288 $4,236 $3,000 $283 $23,807 $4,460 $28,267 9. If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: 1988 $2,500, 1989 unknown, 1990 $3,500, 1991 $2,500, 1992 $5,000 plus uti_'!ity discount, 1993 $4,000, 1994 $4,000, 1995 unknown. 4:CanFundApp Pnge 3 of 3 Ill - :[ 11 ~j. UCC Ukiah City Council 300 Seminary Avenue Ukiah CA 95482 September 4, 1998 Dear Members of the City Council, Thank you for this opportunity to explain the urgency of serving people in need by supporting the services of the Ukiah Community Center, specifically the Crisis Line (CL). The Ukiah community depends on UCC, and continuatior~ of UCC's services depends on your help. The effects on the community when UCC is understaffed are quite real. As local representatives, you may realize how much the community and the clients need UCC, but you may not know that so few employees are at the core of UCC and all that it does. UCC only has eight employees, yet many thousands of people come to UCC for help of all kinds. None of the eight are available to oversee the Crisis Line. Due to increasing client needs, cutting services is not an attractive option. The CL does not merely provide information and referral. The CL is a system to contact emergency workers directly and immediately for critical, often life-threatening situations, and for facilitating coordination of response systems. Ukiah Community Center is the local "expert" on coordinating and combining services for effective use of local resources. Among the most frequent users of the Crisis Line are Ukiah Police officers. UCC is a resource for officers, who count on UCC to help reduce the number of suicides, the number of incidents and the consequences of domestic violence and child abuse, and other crises, furthering their goals of protection and prevention. They also contact UCC through the Crisis Line when food and shelter are needed. UCC is asking for $4,460 from the Community Fund to support a part-time Administrative Program Director for four months. This amount is for direct personnel costs only; overhead will be UCC's "match." An Administrative Program Director would provide coordination of community resources, skilled supervision of line staff, and assistance with operating the program. UCC has also requested partial funding from United Way which, if funded, would be combined with city funding to give UCC a few more months to continue seeking longer-term funding. It may be ambitious to ask that the City Council approve the full amount requested. However, it is in fact fervently hoped that this proposal will be fully funded. It is truly needed, and does not have "room" for a cut. UCC has a great future, but needs your help while developing resources. Thank you for your consideration of this request. Please call me if you have any questions. Judy M. Judd Executive Director A United Way Agency Providing Crisis, Emergency and Community Service since 1971. Ukiah Community Center City App 98 Wage/Benefit APD .5 FTE 4 Mo. IAdm Prog Direc 4 Months 911198---3/5/99 20.0 Hours .Der week 4.00 hr/day @ 5 da¥/wk Estimated salary (starting $10.38 per hour) Vacation at rate of 1/2 per payday, pro-rated for part-time Personal holidays at rate of two per year, pro-rated 3,322.37 166.12 84.27 Subtotal Salary & Vacation $ 3~572.76 Employer taxes 0.062 0.0145 $ 273.32 Health Benefits $277.00 Prorated UCC expense 1,108.00 * 554.00 Life Insurance $7.80 31.20 31.20 State compensation .. Subtotal Benefits $0.0085 28.24 $ 886.76 Total $ 4~459.51 * If under 32 hours per week, employee may pay prorated health benefit. 9/4/98, 10:49 AM - UKIA H COMMUNITy CENTER UCC supporters help others, and make this community a better place for all of us. The Ukiah Community Center (UCC), founded in 1971, is a non*profit, United Way agency. People in need develop lasting solutions to the challenges of crisis and pove~j, through a combination of temporary assistance, comprehensive referral, and supportive programs. UCC's mission is "To organize all elements of the community, people, and resources, in order to meet community ne.~:ls, and se,~¢ as a catalyst toward community serf-sufficiency." , Programs Cri~i~ Line: 1-800-575-HW.P Confidential, around-the-clock. Connects callers in Mendocino County immediately with workers for:. suicide, gpnaWa~.s, abuse and neglect of children and elders, drugs, alcohol, AIDS, hunger, homelessness, rape, stress, resston, spousal abuse. Also information and referral, coordination among agencies, and county-;,v'~de Community Resource Directory. Helps agencies respond to individual or family's multiple needs by coordinating intervention. 10,000 callers of all ages in a year. Sunnortive I4nu~int, Prom-am and l-lnrnele.~.~ preventinn Prom'am Case management, direct ~sistance, and cDordi~afion of community-wide resource[, targets needs of each family to achieve long-term stability. 2,000 homeless people helped in a year. Temrmrarv A.~.~i.~tanee Ih'nm Vouchers for shelter, food, tramportation, ~d pe~onal care (such-as baby formula, soap) to those who have no other resources. Helps over 4,000families in a year. - - - Flolldav Sharim, Pmi~c! Christmas and Thanksgiving food baskets, Halloween and gaste-r parties and gifts for needy children. Food Rank and Erne_mencv Actinn Team Fcw~l CTIn.n~t Emergency food to people who would otherwise g~ h~gry. Supplementary food to low-income people, to help meet basic nutritional needs, and to shelters and smaller food programs. Extra for medically-mmScted diets. Over 5, 000 households per year. Nearly half of those served are childrera ]Emergency ~qervice~ Network/Volunteer C_enter Assists agencies with community-wid~ pluming. Recruits and places volunteers, organizes events. Voluntary Governing Board Name Office Robert M. Axt John Blair Adam Cleft ~ E Juan Freaidcnt John M. Hanson Tmmnw Jan Moor~ Facilitator Karin Wmdm Vice-Pmsideat Committees Planning 'Occupation Att & Mitchell Amhitec~s S~t (Client P~vc) S~ Realty City of Ukiah Finance Mmaga- Ctrtified Public Accountant F. xeattiv¢ Director, Youth Project Staff Judy M. Judd, Executive Dir~orfJami Valiejo, Fiscal Manager/Daniel de la Peza, Administrative Program Assistant/Kevin Murphy, Food Bank Manager/Felix Cruz, Green Thumb Food Bank Assistant/Ernest K. Jones, Supportive Housing Program Director/Olivia Nieves, Program Specialist/Sharon Carroll, Ca.se Manager/Isis Coble, Ca.se Manager/Norma Lowe, Case Manager/ Many Volunteer& including Jesse Adams, Membership Data Specialist/Louise Wheamn, Volunteer Center Coordinator/ Kathy Brigham, Newsletter Editor/Lynn Wood, Advisory to Board UC::C 'Brochure' A United Way Agency Providing Crisis, Emergency and Community Service since 1971. -. ' -,1~(. ......... . . . · , DFst riot Director U/:iah Cc~-uni:y Center and Coff~housa ~65 Nor=h St~:e Sr. reec UI~,.',a.h, C. alifo:nia 95&82 DePartment of the Treasury Person to Corttacc Ee=b Lee Cantact TeleOfione NumBer: Dear .Applicmnt · Based on imf or:arian supplied, and assuming your oper~t:ons will be as stated in your applic:tion for recognition of exemption, ve have deter--ined you are exempt fro= ?e~eral income tam under section 501(c)(3) of the :nternml Revenue ¢o~e. We have flArther deterr, ined th."t you are not a private £ounc~ation within the meaning o£ section 509(."; o£ the Code. because you .-re a~ org~.uization described in sec:'icn 509(.") (:). . If your sources o£ Support. or your purposes, ch."racier, or method of Dp,ratio: ch~n~e, please [et us know' so ~e can consider the effect o£ the chan~e on your ex,apt status a~d found~tion status. ALso. ~cu should infc~ ~ of ~[ c~n~es your n~e or ~dress. Ceneral[y, you are no: [i=b[e £or social security (FICA) tames unless you a ~aiver o£ exemption certi£icate as provided Ln :he redermL Insurance ¢ontri~u:ion. Ac:. :£ you have paid r~CA taxes without fi[inS the waiver, you s~ouLd contact You are not [~abLe £or the tax imposed under the Federal Unemployment Tam Act Ir~A~ un,er Chapter 42 o£ the Code. However. you are not automatically exempt from other Federal excise tames. :f you have a~y questions mbout excise, employment, or other receral t~xes, please let us know. Donors may deduct contributions to you as provided in section 1TO of the Code Bequests. Legacies. devises, tr~ns£ers, or gi£ts to you or for your use are deductible for Federal estate and sift t~x purposes i'f they meet t~e. ~pplic~le provisions of sections-2055. 2106. ~d ~ of tee Code. . The box checked in the heading of this letter shows whether you must file ..0 Return or Organization Exempt £rom Income trax If Yes is checked, you ~'0 ~ ~o . . are requXre~ to ~[le ro~ 990 only :f your gross recexpts each year are no~ally more than SlO.O00. :fm retu~ Ls required, it must be filed by the l~th ~Y of of :he ~lf:h ~onth a~ter tr., end o~ your annuaA accountXng per:cd. ~e l~w imposes ~ penalty o~ 510 · ~v. u~ :o ~ ma~x~ of ~5.000. w~en · retur~ Ls file~ l~te. ,~n!sss :nero is re~on:Ole .:-_use :'cF :ne ~elav. P.O. -'_ox ZSO'~O. ~an France'.cc. Czi,f. ,941:2 ,ever, . : - t,'~"t - Letter 9aY(DO) ' You are not required to file. £edere~ income tax returns un£ess you are subject to t~e ~ on ~re~ted b~nes, ~co~e ~der section 5~ o~ the Code. Z~ ~ou are ~etter. we ~re not dete~n~n~ whether ~7 o~ ~our present o~ proposed &c~v~t~es are ~re~:ed t~de or bus,ness o do~ed ~ section 5~3 o~ the Code. You need ~n employer identification nu=ber even if you have no employees. Zf an employer identification number vu not entered on y. our application, a . number will be us~L~ned to you and you will be adv~ed of it. Pleue use that nucber on ~1 reruns you file ~d ~ ~1 correspon~nce with the ~te~ ~evenue Se~xce. Because ~is letter could help ~solve ~y ~estions about your'exemp~ s~a~us ~d fo~2on status, you should keep 2t ~ your pe~ent record. Zf you have any questions, please contact the per~on whose ~e ~nd ~elephone n~c~er are shown ~n t. he hencL~nc of th~s letter. '' Slncerel~ yours. D~sCr~cc D~e~Cor ~hf.s decer-~nac~on ~ecc=r £s e£.~ecc~.ve 2ton ~c ~, tg~ ~ J~e )0, ~77 ~nd ~:~ Occob~ ~, 1978 ~n accor~ce ~ Sec~ou 508(~') o~ ~e Znc~ 2evenue ~de of Lg~. For ~er~ods ~c ~ed b~ ~s c~~ou ~ecc~, ~u'ere ~c es an or;ec~=c~on des~be~ ~dcr Sec~on 501(c)(~) o~ ~e ~de. ~n~bu~o~ ~e ~o you dur~ ~s per~od are hoc doduc~e by ~o donors ~s ~ar~b~e ~n~u~2o~ ~ de~ned ~n Sec:2on LYO(c) o~ ~e ~de. ART! CLES OF I;,/CORPORAT!ON OF YOUTH COFFEE HOUSE OF UKL~ ! FILED T::.e na~e o£ Chis corporation shall be ¥0L'I$I COFFEE HOUSE OF UKIAH. II The purposes ."or ~hich ti'.Ls corporation Ls .rained a. The specit~ic 3nd primary l~rposes ate reli&/ous an:: =her/table. b. T~.,e ;eneral purposes and po~'e:s are: To provige Chr£st£an w/Lness, to share in a ~oz~i and deed wLr. h young people the love o£ Jesus C;~rist t.h:m~h t~e minisf, z~ of a coffee house; '. To make contrncLs T To buy! lease, exchange, convey others'-se receive or dispose of persona/ proper}-; , mort&age or real or · · To ac: as Lrustee u~der any crust incidental to the pr£,c/pal puc'poses o[ a ~on=ion, and ~o ~ceive, hold, ~inL~cer ~d ~end ~e [~ ~d p~pe~/es subJeCt to such ;. To bo~ amney, conttac: debts, and issue %o,ds, notes and geben:u~es and Jecure Lhe po)~nent or p.rformance o£ lt.s ob/L&acions. c. :,oLwLthstandLn~ mty o£ :he above statements of purposes an, po~ers, ~ais corporation shall hOC, except to an lneubscnn::~! ~egree, en&n&e in an)- acC~v/~/es or exercise any po~ers :no: are not in ~urthernnce o[ l. he prLmury purposes o[ this torpor;t/on. III This corporation is or&nnized pursuant :o the Gener.~l Non-Profit Corporntion Law of the State of California. UCC Art.lnc. -'-t %c~- _ · . I~)CE C~U~N~]c TO: C£RTIFI, CATE OF ARTICLES OF INCOI~ORATION ALBERT RICHARD. sad ST~VEN JOHN P~OCHTE~ 1.- That th~; .. · the president .~ha Vuut~ Coffee House p~ Uki~h~ ~ CallEornL~ corporation. 2.- Ther at ~ ~aerta~ of th~ bo~rd of dir~ctors of said corpo- rarian~ duly held at Okieh~ Celi~ornie~ on Yah. ~6, 1975' ' the rollovins resolution vas adoptedt 'RESOLVED~ Th.C Arc,cleo Z and ~ of the arc,cleo of ~n- ~orpora~lon ~; ~hio corporarlofl be amended go read is follower ArC/clem 11 name of 't~/e corporac/on .hall be Uklah C ~Lcy Cencqr and Coffeehouse. ~rticles Il: The purposes for which formed a. The spec~fLc and prLmary purposes are relLsLo~s &nd ch·riCabls. b. T%e Sen,rs1 purpose· and pavers ares 1.- To provide support for LndLvLduaZ· and Stoup· d·- · LrLns to develop prosrams ·nd activities leadLn8 to .pLrLtual and pereon·l srovth and ·ervLc· to the · 2.- To Bake contracts; 3.- To buy, leal,! exchanlse convey0 uortlaSe or other°' uise~receive ur dLapose of real or par·anal proper- · &.- To act as trustee under auy tru·t lucldantal to the prfncLpal purpose· of · corporation, and to receive, hold, administer sod expend the funds and prop,rate· subject to ·uch trust; S.- To borrow money0 contract debts0 and lo,us bondso notes and debentures and secure the payuent or par- rorumnce of its oblLsetton·. CRISIS? rape · ctrugs · AIDS alcohol · stress · suicide rune ways · depression ° child abuse lesbians · Oay · youth in crisis domestic violence dependent adult abuse native american in crisis . UNITED WAY 463-HELP Ukiah Area or Toll Free in Mendocino County 1-800-575-HELP (1-800-575-4357) CONFIDENTIAL 24 Hours A project of Ukiah Community Center CRISIS? tr~olaci6n · drogas · sicla · alcohol tenci6n · .~uicido · fujifivo · iepmcidn · abuso Infantil lesbianas *homosexuales adolescente en crisis violence dorr~stica at)uso de adutto dependiente nativo americano en crisis ! LI.AM£:t 463-4357 Area de Ukiah o Llanada Gratis en el Condado de Mendocino 1-800-575-4357 · CONFEDENTIAL - 24 Horas CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1~98/99 Application/Organization: Ukiah Players Theatre Date: 09/05/~8 Address: 1041 Low Gap Road, Ukiah CA 95482 Executive Director: Michael Ducharme Phone: 4&2 1210 Name of Contact Person: Ted Prescott Title of Contact Per son: President Phone: 468 8646 Pro, it X Non-Profit mm~ -- -- Date Incorporated: 08/14/79 (see attached) Ho~ long has your organization been in existence? 20 year s Does your ager,cy have an Americans with Disabilities Act Plan? ___Yes _X_No a> But.. He are in compliance, including handicapped access and parking. Project Title: Commemoration of E1 Dia de los Muertos (the day of the Dead) a significant and colorful Mexican tradition whose roots date back to pre-Columbian times. Project Location: Ukiah Playhouse Theatre, 1041 Low Gap Road Locations o-~ additional facilities operated by your organization: a> leased storage facility at Washington & Fritas Streets b> rehearsal space donated by New Hope School Description of total agency activities or services provided: a> annual production of five mainstage plays, three-four staged readings b> ~4e~ A~;~erican Comendy series, which has resulted in world premiers in Ukiah of plays by previosly unpublished playwrights. c> production of locally originated performances, such as "Telling The Truth In A Small Town" and "A Literary Evening" d> "Live At The Playhouse" music series co-produced with Spencer Brewer e> miscellaneous special events involving community talent f> cultural diversity initiative to commemorate African American, Hispanic and Native American cultures g)- com~nunity outreach initiative to co-ordinate ~ith other performing and visual arts organizations. Amount Requested: $ 2,000.00 Total ProSect Cost: $ 6,000 a> ~1,000 for Ukiah Players Theatre bilingual production, including original monologues~ live traditional Mey~ican Music, traditional refreshments, construction of altar exhibits in playhouse lobby. b> ~1,000 +or Ukiah Players Theatre contribution to Ukiah Community Art Center's mask and altar making workshops in local schools, a two week altar and art exhibit at a centrally located downtown s~te and a culminating lies[a/dinner open to the public. Page I of 5 This col aboration between the two events is integral to doing full justice to commemorating the Day of the Dead, with the downtown event creating a powerfull lead in to the Ukiah Players Theater production. 1> Nun~ber of Ukiah residents that were served by Ukiah Players Theatre quarter ending 09/50/98: Dates Event Attendance 07/16-08/08 Summer Musical 1500 08/12 B1 uegrass/Fol k music 200 1500 services provided: communi ty entertai nment 2> Extent to which our project will specifically affect, serve and benefit City of Ukiah residents: awar'er~ess, empathy and friendship as result of pr-o~noting understa~;di;~g and appreciation of significant and colorful Mexican and Central American tradition. The specific needs within the City that our project addresses are: stimulate comm,Jnity solidarity and enhance intercultural understanding and harmur, y. 4> The geographical area of impact affected by this project will be Ukiah's downto~r, area where a two week altar exhibit, culminating in a ~losing Sat. Oct 5i late afternoon-early evening celebration with hispanic music and food available to all comers; and a Sunday Nov I multilingual program at Ukiah Players Theatre available to the Ukiah community. 5> This program w~I1 be a coordination of the efforts of Ukiah Players Theatr-e, Ukiah Community Arts Council, Ukiah Adult School English as a Second Language program~ Ballet ~olklorico (affiliated with SPACE) and Alexia A.~n:~nt=°s Ukiah branci~ of Mexico City's "Mascara entre Sambras" o~'g~',ization for cultural exchange projects. This project is a unique annual event, first presented in Ukiah in 1995. It was financed by a ver~ generous grant from Mascara Entre Sambras, coordinated by Alexa Armenta with significant in kind contributions from the local business and education community. Lectures, slide shows, mask making and puppet ~,~aking workshops were followed by a multidisciplinary, m~litimedia event at the Ukiah High School Auditorium. After a colorful procession highlighted by the masks and puppets, ten actors and muscians from Mexico joined with local talent in a production of "La Burla Sonriente", produced the previous year in Mexico under the sponsorship of the Mexican National Endowment for the Arts. It is our understanding that a similar program in our community may be available every five years. In 1996 the Ukiah Community Art Center and Ukiah Players Theatre cooperated in the presentation of a one month altar display in donated space at 208 South State St, with altar exhibits and related displays contributed by members of the community. This Day of the Dead observance closed with, a reception featuring traditional hispanic music and food, accomplished with financial support from Bank of America and with a great outpouring of volunteer support. page 2 of 5 2 -tqq - (Continued) On Novmeber 1, 1~7 Ukiah Players Theatre and the Ukiah Com~,unity Art center presented a program of live traditional music and bi-lingual monologs celebrating the lives o~ Manuela Medina and Emiliano Zapatas, i~-t whose ~,emory altars in the lobby were constructed. Enthusiastic support was provided by students o~ the Adult School °s E~-,giish as a second language program. This played to a standing room only audience. See copy o~ program attached. The Grace Hudson Museum mounted a showing o~ Hispanic art and sponsored an ob~-e~-vanc~ at the convention center on Sunday November 2, coordinated by Aie~a Armenta. It is our understanding that the museum's participation in 1~7 ~as on a one time only basis. Ukiah Players Theatre and the Ukiah Community Art Center, in planning an eve,~t ~or 1~8, are looking to combine many o~ the elements o~ prior year's observances, incorporating the services o~ those who have been i~,volved i~-, the past. We are not aware o{ any other plans ~or observing The Day o~ Th~ Dead, but welcome not only ~inanc~al support but in kind cont.~ibutions and input into the planning {rom any and all interested ~aF'Lie~. Ukiah Players Theatre 1041 Low Gap Road Ukiah, CA 85482 September Candace Horsley, City Manager City of Ukiah 500 Seminary Ave. Ukiah, CA 95482 Dear Candace; Thank you for ir~cIuding Ukiah Players Theatre in your request for community orgar~ization funding applications for 1~98/9~. Enclosed is our application, requesting continuing city financial support for the communitywide celebration o~ "El Dia de los Mue~-tos (The day o~ The Dead). Thank you for your- consideration. 776 South State Street 46~ ~64~ ~EP-- $--95 THU 't :1. 2 '. 1~9 gUI( 1' RH PL¢~YERCJ: THERTRE .. ARTICLES OF ZFCORPOI~TION Ut~ah Playel's Theatre 928126_ ENDOP, FILED KQthieo, ~. G,K;errez AR? lCLE II 'th. ourpuses for Which ~hts cor~ora~o~ ~s formed are: a) The s~ec~fic a~ ~rtmarY ~ur~oses are to fo~ter an~ ~ttmu- production technique~ &n~ to un~te for mutual Beneff~t per~ons interested Xn par=[cipa~i~ in those a~ttv[t~es generally narrted on b2 civic ~hea=re ~roups. h) The ~eneral pu~oses and powers are ~o have and ~o ,~xercise all rXgh~s and powers conferred on nonprofX~ rattcas un, er =he laws of California. inolu~iB~ ~he power to contract, Ten=. buy or sell personal or real proper~2, pEOVIDED however ~hat ~h[a corpora~[on shall an insubstantial desree, e~age in any activities or exercise any powers Sha$ are no~ in furtherance of ~he prima~ purposes of th~s corpo~t~on. ' legislation, ~d the corporation ~hall not porttc~a~e or ~n%orve~e ~:~ .,~:y political ~~gn (~clud~n~ the pu~l~ca%$o~ or dJ:d,ri%,ut.l~r, ..,..,~,,=,rnt~ on beh~ o~ a~ e~d~da~e fur p~l.,l~c or orat[on is orsanized pursu&n~ ~o This c ?__ · the co orat2on aoes ~o~ =onv~mp~y- v-~-"~T~ ~__-o--tobit to the ~em~ers thereo~ an~ z~ xs ~ ' , purposes. Ukiah Players Theater and Ukiah Communily Arts Center Present A Celebration of Life Featuring: Live Dramatic Performances Manuela Medina Emlliano Zapata Live Traditional Mexican Music 6 and 12 String Guitar, Gultarron, Mandolin and Button Accordion Altar Exhibit A Celebration of the Past Traditional Display Traditional Refreshments Pan de Muertos, Mexican Hot Chocolate and morel Saturday, November 1, 1997 4:00 ~ 6:00 P.M. Uklah Players Theater 1041 Low Gap Road, Uklah TICKETS: Adults: 55.00 each Students & Children: .$4.00 each Group of 10 or more: $3.00 each Available At: The Crow's Nest Box Office - 462-9226 Mendoclno Book Company ~ 0 CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization: Ukiah Senior Center Date: Auoust 20. 1998 -- Address: 499 Leslie Street. Ukiah. CA 9548;) Executive Director: Melissa Philli.DS Phone: Name of Contact Person: Melissa Phillios Title of Contact Person: Executive Director Phone: Profit X Non-Profit Date incorporated: Please find attached Certificate of Domestic Comoratiorl California Non-Profit #23-725-8082 August of 1972 How long has your organization been in existence? For 26 years, Does your agency have an Americans with Disabilities Act Plan? Yes Project Title: Home Assistance Program ImDrovemenm Project Location: On-Site at Ukiah Senior Center. 499 Leslie Street Location(s) of additional facilities operated by your organization: All of our .programs are located in the Senior Plaza at 495-497 Leslie Street. Description of total agency activities or services provided: Ukiah Senior Center orovides numerous programs, services and activities for Seniors, including weekday Congregate Dining. Home-Delivered Meals. Assisted TransDortation, the Adult Day Health Care Program. the Social Day Alzheimer's Program. Informatiorl _~ Assistance. Tax Assistance. and the Home Assistance Proaram. -- We also orovide numerous ooDortunities for Seniors to volunteer, take .Dart in activities such as social events, dances, educational seminars, bingo, sewing, exercise and crafts, to name but a few. Amount requested: Total Project Costs: $4.500.00 Page I of 3 I o . Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: We have served no less than 2.000 Ukiah residents with the s.oectrum of services and activities described on the .page I description of services provided by our agency. Describe to what extent your project will specifically affect, serve and benefit City of Ukiah residents? Our Home Assistance Prograrn .provides in-home a~istance for Seniors and disabled adults, Our clients are most often vulnerable and fre0.uently have limitations. The .Dro_iect for which we are requesting funding_ would make .Possible significant im.Drovements in both the method of scrccnino of .apo. licants who want to work as Home Assistance Program em.Dloyccs, and ir~ the o. ualit¥ arl~l Quantity of training that we can give our employees, We are convinced that better screening of in-home caregivers and better training_ in the nccds of the elderly client can significantly reduce elder abuse in Ukiah. , . o Describe the specific needs within our City that your proposed project addresses: Law Enforcement statistics show that one of the fastest rising areas of crime is the abuse of older and vulnerable adults, These various ..Woes of elder abuse are often .perpetrated by caregivers. Ukiah Senior Center is workin(3 closely with thc Ukiah Police DeDartment and the District Attorney's office to d~velop thorouoh screening .DrOtOCOlS and guidelines for caregivers which we believe will helD- .protect vulnerable Senior clients from abuse, Describe the geographical area of impact affected by this proposed project: The Home Assistance Program serves seniors in the Greater Ukiah area, The ma!ority of our clients live within city limits Describe how your program will coordinate with other agencies and organizations in providing similar services to this area to compliment, rather than to duplicate, their efforts. As stated in ResDonse # 3, we are working closely with both the Ukiah Police De.Dartment and the District Attorney's office, We contract with Community Car~ to service MSSP and Linkages .Drogram clients, We also interface with the local hos.Dital's In-Home Health .professionals, We are active DarticiDants in the Coordinating Care Committee and on the Multi-Disciplinary Team, We work closely with the De.Dartment of Social Services Adult Services Division, which administers the In-Home Su.oportive Services (IHSS) Program for Iow-incom:-: seniors. The improvements being made to the screenine and training standards for our Home Assistance Program will undoubtedly serv~ ~_s a model for their I HSS worker's training_. This would not constitute a duplication of service, Page 2 of 3 o . , . Where in Mendocino County are similar services provided and by whom' The IHSS model described in Res.Donse #5 is in place throughout the County however eligible individuals are responsible for the selection and hire of t-heir own caregivers. Department of Social Services has limited resources with whici- to offer caregiver training_s and sup.r)ort, Willits Senior Center provides some In-Home Assistance in their city Describe the current sources of your organization's funding. The Home Assistance Pro~_ram is funded by some client work authorizations froiT Community Care with MSSP purchase of service dollars. The ra-~ainder of th:': program is funded by client fees Ukiah Senior Center's other prog_rams receive fundin~_~_ from a number of sources_. including United Way, United Methodist Women. Mendocino Transit Authority, Area Agency On Aging. US De.~artment of Agriculture. California Department of Aging and the County of Mendocinn Describe your proposed program budget (specify revenues, by sources, as well as expenditures, by type): We are asking for $2.500 to Dut toward anticipated additional program costs of $4.500. We intend to make up the remaining $2.000 from o~her resources. ExDenditure~ $ 150.00 Random drug_ testing of Home Assistance Careoivem $1000.00 Fingerprint processing costs - $2580.00 Training Costs $ 770.00 Educational Material.~ If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: To mv knowledge we have received no funding from the City_ of Ukiah durina th.~. last five years. - Thank you for completing this application! CERTIFICATE OF STATT IR DOMESTIC. CORPORATION I, BILL JONES, Secretary of State of the State of California, hereby certify:' That on the 28th day of August o 19 '72 , UgTAI4 SENIOR C~NTER: TNC. became incorporated under the laws of the State of California byfiling its Articles of In- corporation in this office; and . That no record exists in this office ofa certificate of dissolution of said corporation norof a court order declaring dissolution thereof, nor of a merger or consolidation which terminated it~ existence; and Th'at ~aid co. rporation '~ corporate powers, rights and privileges are not suspended on the records of this office; and .. That according to the records of this office, the said corporation is authorized to exer- cise all its corporate'powers, rights and privileges, and is in good legal standing in the State of California; and That no information is available in this office on the financial condition, business activity or practices of this co#poration. That said corporation is organized under the General Non-Profit-Corporation Law. IN WITNESS WHEREOE I execute this certificate and affix the Great Seal of the State of California this 9t:h day of May, 1995 BILL JONF~ Secretary of State CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDING 1998/99 Application/Organization:-UKIAH SYMPHONY ASSOCIATIOkOate: Sept. 2, 1998 Address: P.O. Box 892, Ukiah, CA 95482 , Executive Director: Jean Slonecker Name of Contact Person: Title of Contact Person: Cynthia Hadell Treasurer/Director Profit .. x Non-Profit Date incorporated: Phone: 707-462-5664 Phone: 707-462-0601 Registere~ with Atty. 9-16-85 as unincorp. · General associatic How long has your organization been in existence? 1 st (please attach evidence) orchestra season: 1979-80 Does your agency have an Americans with Disabilities ACt Plan? Yes x No ProjemT~le: CLASSICAL MUSIC IN THE SCHOOLS Projec~ Location: Elementary and middle schools in Ukiah Valley Location(s) of additional facilities operated by your organization: N/A Descdption oftotalagency activities orservicespro~ded: The Ukiah Symphony Assn. (USA) provides high quality performances by a community based classical symphony orchestra to the Ukiah Valley, with 4 regular concerts (eight performances) and a free pops concert in the summer, as well as classical musical instruction and performance opportunities for young musicians in the Junior Symphony. The USA is the only organization providing for classical training for string players (with the exception of Ukiah Junior Academy, a private school which offers instruction to its students), and the only symphonic orchestra in inland Mendocino and Lake Counties. Amount requested: $ 4,000. oo Total Project Cost: $ 4,00 o. oo Poge 1 of 3 lo Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: Symphony musicians: 30 Junior Symphony musicians: 30 Concert Attendance: Pops Concert: 1,500 Regular Season Concert: 600 2. Describe to wh~ e=ent your project will specifically affect, serve, and benef~ C~y ofUkiah ~sidents: This project will bring groups of USA musicians (such as a string quartet and woodwind trio, quartet and quintet) into the elementary and middle schools of Ukiah Unified School District (which covers the entire Ukiah Valley) to present music of the great classical composers and to give demonstrations on their instruments and answer questions of students concerning classical music and symphonic orchestras. 3. Describe the specific needs within our City thru your proposed pr~ect addresses: Our elementary and middle school students encounter very limited musical educational opportunities. There is no program which brings classical music into the schools at this time, and the only instrumental musical instruction in the elementary schools is band, which begins in sixth grade (the last year of elementary school). There is no orchestra program available in our public elementary or middle schools. 4. Describe the geographical area of impact affected by this proposed project: This project will serve the Ukiah Unified School District elementary and middle schools. These schools serve children living in the City of Ukiah, as well as Redwood Valley and Hopland. 5. Descdbe how your program will coo~inme wEh other agencies and o~anizmions in providing similar services ~ this ama to complimem, rather than to duplicate their There i~~ther symphonic orchestra in the Ukiah area, including inland Mendocino County and Lake County. The only junior symphonic program in the area is the Ukiah Junior Symphony. We hope that through exposure to classical performance and demonstration of orchestra instruments, elementary and middle school students will develop interest in instrumental classical music and become motivated to learn to play the instrument of their choice - perhaps with the goals of playing in the Ukiah Junior Symphony and the Ukiah Symphony Orchestra in the future. We hope that many more students will learn to appreciate and enjoy classical music at a young age. Poge 2 of 3 6. Where in Mendocino Coun~ am similar sewices provided and by whom' Ncwhere. The public middle schools and high schools provide an opportunity for students to learn to play band instruments, beginning in sixth grade; however, no orchestra classes or performances are currently available. Classical string students can find instruction only on an individual basis from private teachers - not in the schools. Ukiah Junior Academy, a private school in our area, provides string instruction to its students; however, this is not available to the public school students. 7. Descdbe the cu~ent sources of your o~anization's funding' Our summer "Concert in the Park" is supported by the City of Ukiah. Our business sponsors include two local wineries, Ukiah Valley Medical Center, Mendocino Community Health Center, Schat's Bakery, Century 21 and Rainbow Construction. We also receive donations from many individuals in the community, as well as support from the Ukiah Daily Journal and KNTI radio in the area of publicity. . Describe your proposed program budget (specify revenues, by sources, as well as expenditures, by type): Expenses: Eight Musicians % $400.00 each ...... $ 3,200.00 One Organizer/School Liaison ...... 800.00 Total Budget ............... $ 4,000.00 Revenue: Community Support: City of Ukiah proposed funding ............. $ 4,000.00 9. If you have received funding from the City of U~ah in prior yearn, please indicate for whm years and for how much: The Symphony has received funding from the City of Ukiah for the free Concert in the park series as well as for previous free community concerts during the past eight seasons. The amount received for the 1998 concert was $2,000.00; and the amount received for the 1997 concert was $1,500.00. 4.~a. Fm~U~p Thank you for completing this application! Poge 3 of 3 - UKI~H SYMPHONY ASSOCIATION P. O. Box 892 Ukiah, CA 95482 August 31, 1998 Caadace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Re: Non-profit grants program Dear Ms. Horsley: Thank you for providing us with aa application packet for the City of Uldah's non-profit, community-based organization grants program. I am enclosing the completed application of the Uldah Symphony Association. I understand that applications for funding ~ be reviewed by a committee formed for that purpose and that recommendations for funding will be made to the CiW Council in October of this year. Thank you for considering our application. Please call me at 707-462-0601 if additional information would be helpful. Very truly yours, DANIEL E. LUNGREN .State of California A~orne)' General DEPARTMENT OF JUSTICE P.O. BOX 9O3447 NOVEMBER 3, 1997 SACRAM~, CA 94203-~?0 (916) a45.2o2! UKIAH SYMPHONY ASSOCIATION PO BOX 892 UKIAH CA 95482 ~,,,~.t~. CT-108744 REGISTRATION WITH ATTORNEY GENERAL Your registration documents were received by the Attorney General as required by California Government Code section 12585. You are assigned the state registra-tion number (CT-file number) shown above. Please refer to this CT-number in all communications with our office. Your address of record is used to mail forms for filing reports at the end of each accounting period. You must advise us of any address changes. ~ Our records indicate that your accounting period ends annually on JUNE 30 . If it is not correct, please inform us. ['-I If you have not received funds or assets by the end of your first accounting period, please inform us. You must "operate" to qualify for tax exemption. ~_] Reporting is now required for the past accounting period(s) ended · Form(s) are enclosed. ~] Provide a list of your current trustees/directors with their mailing addresses. Provide a copy of the Internal Revenue Service determination letter which exempts you from federal income tax. If you have not yet obtained such a letter, provide a copy as soon as it is available. Charitable trustees should be aware of and adhere to the statutory requirements relating to obligations and duties of trustees as set forth in California Probate Code sections 15000, et seq. The cited law should be available in a local law library. Sincerely, THIS LETTER SHOULD BE KEPT WITH YOUR PERMANENT RECORDS cc' Franchise Tax Board DANIEL E. LUNGREN Attorney General ~CAMPBEL~ Registry of Charitable Trusts CT-471 (1-91) - SEE OTHER SIDE CITY OF UKIAH COMMUNITY ORGANIZATION APPLICATION FOR FUNDIN~ 1998/99 Application/Organization: U.V.A.H. Date: SEPTEMBER 4, 1998 Address: 564 S. DORA STREET, SUITE-D, UKIAH, CA 95482 Executive Director: Name of Contact Person: ~tle of Contact Person: ,, ROY SMITH Phone: (707) 468-8824 ,, ROY SMITH , EXECUTIVE DIRECTOR Profit x Non-Profit Date incorporated: Phone: (707) 468-8824 DECEMBER, 1961 ., How long has your organization been in existence? _ Does your agency have an Americans with Disabilities ACt Plan? Project Title: - BUIT.DIN(~ REPAIRS Project Location' 209 W. MILL STREET AND 990 S. (please attach evidence) 37 YEARS x Yes No DORA STREET, UKIAH. Location(s) of additional facilities operated by your organization: 524 S. SCHOOL STREET, UKIAH, CA. 95482 . Description of totaf~gency activities or services provided: '~e ~ ~ ~f O.V.A.H. i~ t~ ~l? . Amount requested: $ ~., ~/f~. OO Total Project Cost: $ '. Poge 1 of 3 --[(OO" ·. 1.. Please list the number of Ukiah residents that were served by your organization this quarter and the services that were provided: 1 oo - Vocational Training, work experience & job placement. 62 ~u--~portive Training in academics and other related skills. --134 total clients served last year. - 2. Describe to what e~ent your pr~ect will specifically affect, serve, and benefit City of Ukiahresidents: U.V.A.H. generates a client payroll of $237,079.00 annually. This is income that is spent within the City of Ukiah thusly generating sales tax revenues contributed to the City Coffers. Without these programs, these clients would not be wage earners. 3. Describe the specific needs within our City that your proposed project addresses: These building repairs are needed since the rates paid to U.V.A.H. by the State of California do not cover capital improvement or repair. These buildings need to be maintained in good repair in order for U.V.A.H. to continue to meet the client's needs. 4. Describe the geographical area of impact affected by this proposed project' In these facilities, clients served, reside in Ukiah, Redwood Valley, and Willits. U.V.A.H. provides services in Willits through a mobile work crew. 5. Descdbe how your program will coo~inate with other agencies and organizations in providing similar services to this ama to complimem, rather than to duplicate their eff0~s: U.V.A.H. works closely with : 1) The Redwood Coast Regional Center, the agency that provides case management services and funding for the many of clients served; 2) The California State Dept. of Rehabilitation who refers 'and funds clients for vocational training and work experience, and 3) The Mendocino Private Industry Council who refers people with disabilities to U.V.A.H. for Job Placement services. Poge 2 of 3 , Where in Mendocino County are similar services provided and by whom' Parents and friends provide services in Fort Bragg, CA. 7, Describe the current sources of your organization's funding: Fees for services: Redwood Coast Regional Center: State Dept. of Rehabilitation: 58.74 % 31.76 % . Work contract income from various business and private individuals: 8.2% Donations and Fund Raising: 9 % Misc.: · % Describe your proposed program budget (specify revenues, by sources as w~l~as expenditures, by type): ' Renovate and repair bathroom at 990 S. Dora St.: Install roofing parapit cap to eliminate leaky roof at 209 W. Mill St.: Total for both projects: _$3,300.00 $1,694.00 $4,994.00 , If you have received funding from the City of Ukiah in prior years, please indicate for what years and for how much: None known of. 4.'CanFunclApp Thank you for completing this application! Poge 3 of 3 TENTATIVE AGENDA FOR SEPTEMBER 21, 1998 UKIAH VALLEY ASSOCIATION FOR HABILITATION BOARD OF DIRECTORS MEETING MEETING LOCATION: U.V.A.H. ADMINITRATION OFFICE 564 S. DORA STREET, SUITE D UKIAH, CA 95482 I. Call to order/introductions II. Approval of Agenda III. Approval of Minutes Action Action IV. Program Director's Reports V. Issues AGENDA 1. Operating Statement- August 2. Budget update 3. Resolution Re: Authority designation 4. DiscUssion re: Annual Meeting and Recognition dinner 5. RAP Presentation VI. Reports 1. Executive Director's Report 2. President's Report PLEASE NOTE LOCATION AND TIME SEPTEMBER 21, 1998 4:00 PM - 6:30 PM 564 S. Dom Street, Suite D Brian Nash Brian Nash Brian Nash Mike McCann Roy Smith Roy Smith Roy Smith George Mayers Roy Smith Brian Nash IF YOU ARE UNABLE TO ATTEND PLEASE CALL THE OFFICE 468-8824 Ukiah Valley Association for Habilitation Resolution Whereas, the Redwood Coast Regional Center refers people with developmental disabilities to U.V.A.H. for programming in the U.V.A.H. Rural Adult Program, and Whereas, the Board of Directors of Ukiah Valley Association for Habilitation has agreed to provide programs of services to people with developmental disabilities, and Whereas, the program named Rural Adult Program, a day service program for people with developmemal disabilities, requires a license to operate an Adult Day Care program, issued by the Community Care Licensing Division of the California State Department of Social Services, and Whereas, the Community Care Licensing requiremems include provisions for; 1. Approval to submit applications for programs, 2. Finger printing of principle agents and staff of the program to be cleared by the Department of Justice, and Whereas, the above referenced regulations require that the Board of Director authorize the Executive Director of Ukiah Valley Association for Habilitation to act as it's agem in the application process and the ongoing administrative supervision of the UVAH Rural Adult Program, now therefore Be it Resolved, that the Board of Director of Ukiah Valley Association for Habilitation do hereby authorize the UVAH Executive Director, Roy M. Smith, to act in the capacity of its agent in all necessary applications and ongoing admini~qrative supervision of the UVAH Rural adult Program_ DEPARTMENT OF STATE: To all whom these presents shall come, Greetings: I, FRANK M. JORDAN, Secretary o/State o/the State o/California, hereby certify: That the annexed transcript has been compared with the ~t~co~,~ on file in my office, of which it purports to be a copy, and that the same is full, true and correct. In testimony whereof, I, FR.~NK l~l. JORDAN, Secretary o/State, have hereunto caused the Great Seal o/the State o/Cali/ornia to be a~xed and my name subscribed, at the City o/Sacramento, in the State of California, this. l~C.l.l..~... UKIAH VALLEY ASSOCIATION FOR RETARDED CHILDREN BOX 664, UKIAH, CALIFORNIA, Tbs This eorporattan f.e organised p~reuant to the Genar-~ J~fit Oox3~ratton of th~ State of CalifornAa. Mrs. Henrietta Chadwick III · UKIAH VALLEY ASSOCIATION FOR RETARDED CHILDREN BOX 664, UKIAH, CALIFORNIA ..,, ~ ...?... .,. ;..:.i::,,~U. $. TREASURY IpEPARTMENT I . ' INTERNAL",[I~EVEN.UE SERVICE ' · .. . .. ,~. . .. ~ . .. .., .. ,~ . ~.. ~:'f.' ~.. ~". ' ~. eox ~ :. ....: ' ./ ," .'~' ' '.:~;'/ '' 1AN FRANClICO C~IFORNIA 1410l " , .. ', ~ .? · :~.,. .. ,: ,,.,, . , ~, ' . , . ~: '..:..':-'".. ".":..: ,~.' ,' ...:'." '.: ':. ~'. ~ ~, x~6 'i '., . ', · "~:'" "' . '-:~:' ', '?":"" , ' '"", .";,'~' ,' "'.' '~' ~'~~?~ ~'~.-..; - .. ~ . .:, . ., :~ ~ ..,...~ .,' . , · . ~~~ - , · ' ' '.. . ;~ ,,,.- ' ~" - ' ~ ,4 ' ' ~ .. - ~ · ' . -- -- i~ ..... ,~ · . · ~ ...... , - ,-~ ', · , , ....... . .- J~u~ (,~ ' ,.~ ' ' . ' ~ '~ ., :i. ' : · . ~:'. ~... ". , -, *'. ' ' ' ' v I~/ -' J.,'. ' '/ · .~eve ~ ~' 4' · ." ~ . ,' '. .''.. , J . G~NA~ ].'.. ' (' · · ~ ,, i · · . · · ,~...... ,~~, c~~~ .., .~J ~ . .. .. .J . . '~.',' '. ~' ' ' .. ., · - .,...~ " .,....~'..'(J . ,.. ~. ' . ~ , e · . . .'' ..; · ': ' ';( ' , ' ~ ' -* ' r ' · ' -' - ' ' ~: .... " ~:;' :', ~ ' '"'" 'J ' I 't:,'.'-- ~"' ~~ ',:. · :" "'"' ,,.. ,~ "' "":~:.: . ,,':. ..,,., ,,. I:" ' ''" ~ '~' '~ ' ~' ' ' ' ' ' ' "' '" ..... ' J ~ ~ P~es ~ ~derst~l~ ~at'y~ o~~ .;--' ~ . evidenced to dcrte ct will a:~nfctm to those'proposed In your ruling ~ppliccrtlon, we h~ve concluSed · [~t.~e .L~..iM_~t~:~o n,, ~,t (,.,,~ ~_.~s cribed 1' I ~ernai rievenue ' : - - - section 501(c)(3) o! La:x:le. Any changes in operation from those described, or in your character c~ purposes, must be reported tmrnedicrtely tab, our District Directcx for consideration of their effect upon your exempt stcrtus. You must also repo-t any change in your nome or address. ,~' less you ~e s~Ject to the tax on ~m. tei6ted b ~iness income t~pos~cl by ~ection 511 ~f the Code, in w~c~ evem y~u are ~uJ~ecl to file Fo~m gO-T. O~ determination a~ lo yo~ liability t~ ·. filir~ the ~nn~l lnf~o~ return, Form ~I ,A, ~ set forth cLbove. Thct return, ff tequL,-ed, must 'be filed on or before the lSth'day of the flft~ [nonth after the ,c.Jose of your annul accounting period ' '. /.indicated above. ~ . ,' Co~uib~o~,~ae ~o---~ ~.~L:~ .... ~ . .it ' ' (:'; : ' ' ' · . ;,., ~ueou~i. oie Dy o,~nors o.s ptovid~l in section 1 q~ests, legacies, devi~ee . ..~ . 70 of the Code and a~ft t~ ~'--~es ;L,-,LL~--~.er.s.,-°f~t-s,t_ ~ .for your use are cl.ed_u_ct~ble for Federal ester · '-,--r-. -,~-., u,. v,~v~a~ona az ~c~ctlon 2055, 2105 and 2522 of the Code · You cn'e not ~iczb]e fct the taxes Lmposed undertthe redem! Insurance Contributions Act (social · security tmYes} unless you file a w~lver of exemption cerLtfic~te as provided in su:h act. You cae of exerr~ptlon ~d. er the Fede~l Unemployment Tax Act. ~qu~rles about the waiver ~e xor social security taxes should be odciressed to tl~ office, as should any questions concernLng exci~e, employment ct other Federal taxes. ' 'ThLs is a determin~loe l~tt~r: .. . · ... .... . · · -. ..;.. ' .,: ;'.';,' · ... ... ,...: .... · .,- , .. ,.,,....:. .' , .~. °'. " :,..' .. ., · · : : , · · .,'.oG'~'" ; '. i " :' . . .: ':~ . r ,... ." "' . . · " ..'. - . : ."' · ;.. "~' ' ' :"':'?:"' ~' ' U~ttict DLtectot - .-. ' -' .. , .. .. .~ : ...' :.y,-...'.; :.. .. · . :. :: . ':..,.;'::.,,~,~ · . ... , .-~ ~' - · , ': ' -:°". o . .o-' /~ ' ' ' . Il,. · ... ..; ',,' . . .- -, . ~'. ,' ,~, ... - · ~ ; - , .. ..- . . .[.., '-'?'.' ~. .:.,"., , ,'~'' . .... ' ,~ . . . i ' i.. . t : ' "" ' ': ' ' " "J'' ' ' ' '~'~' ' ' ' "' ':' ," , .~ . ,~ · ~ . · .. ~..,,~.'.'. ~,- ;',I,,... ': '~ . · , . :.~ ,.~. . . . '. : ""'"' "'" ;.~-:'. :4.2? '": .':.' .:-,, .~ · "' ": : ," ,.. ~- .. ~...,., . ,... . .... ...~-;~::....., ,.:. :,,;:~j - ., .,,... . . · ' " ~'' " ' , : i '~ :-' '"~ ;- "g: ~° "' ~'~ ' ' ' " J ~ ' i ~. .. ..,: · 'i - '.,.- '. :.(...'8. ' : '" I "' ' ., " :.'. '-'i .:....~,'.-.. "", ~.'. .... ,.:I '~.:' . "., ' ' , '. :' : .~,l ':. ~ .' : ,.. , '/ -. , , ..... :. ,:,.:,.~:. . .,- -,-.' :.: .~,. -:,~-.'.,.:, · , . . .. " '"" ":' "':' ' .... '""' :"'" :"": ' , ...... [t.':.[':;':~.':." _ , ::.: , , ., ',.~ .. ' .~ ., .- ~,' .,... -,. · .... . . · -'. , ~ ,.. ,. 4~ ""~,,~ .. . . . ,~. '. :' - ....,:, . .: . . -~ :.. ~. ~ , ·.-' .,"' ' ..,~, .- .,...: · ..::/:. ;'j -' ., : · '~ . ',-' '- % . 'i -" '? '.;-: .-: -'.-,._, :, ~'o~u L-171 ' . ~,.~, .,..;... ~ .i · . ,-. ,' -. .... ..: ::- , ,~ ...... . ...., ....... ~.:' .... ''.i '-: '"' '" ' '~' ~' '" ' :' ~ i - '; , ,. : . ~,,~, .' .. ,. :i.. .' -..: . t : " · . ,~ 'L. : : ' - ..' AGENDA SUMARY ITEM NO. 10b DATE: October 7. 1998 REPORT SUBJECT: PROPOSAL TO UNDERGROUND CLEVELAND LANE DRAINAGE CHANNEL Submitted for the City Council's consideration is a proposal tendered by residents within the Marshall Street neighborhood and the Alex R. Thomas Company (Petitioners), for the undergrounding of the existing open drainage ditch running adjacent to their properties· The proposal has been forwarded to the Public Works Department by the Petitioner's representative, Mr. Darryl Bragg. CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. Determine that the Petitioner's proposal to underground Cleveland Lane's open channel is appropriate and authorize Staff to proceed with field survey work, design, and preparation of Engineer's Cost Estimate for future presentation to the City Council. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that the project is not in the interest of the City and take no action. 2. Counter proposal with Petitioner's. 3. Direct Staff to negotiate. Citizen Advised: Requested by: Prepared by: Coordinated with: Attach me nts: Mr. Darryl Bragg Rick H. Kennedy, Director of Pubic Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager I · 2. 3. 4. 5. Informal agreements signed by Petitioner's. List of property owners and proposed contribution. Copy of Assessor's Parcel Maps. Preliminary Cost Estimate and Assumptions. , Map from Drainage Survey showing tributary drainage areas. Copy of City's Storm Drain Index Map. APPROVED' ',S(,~ '). _ ,--, Candace Fi0rsley, City anager R: l ~PW:ldl: ACLEVELAND.WPD '~ Proposal to Underground Cleveland Lane Drainage Channel October 7, 1998 Page 2 The Petitioner's propose to financially contribute towards the cost of replacing the open drainage ditch with a 36" high density polyethylene (HDPE) pipe. The City would sponsor the project and pay for the balance of the costs. It is proposed that each petitioner pay for one-half the cost for the pipe material running the length of his/her property. Based on a material quote of $28.26 per foot of 36" HDPE pipe ($26.35 + 7.25% sales tax) and an approximation of the length of each contributing parcel, the total of the Petitioner's contribution is estimated at $16,462.12. Based on very preliminary information and assumptions, it is estimated that the undergrounding of this open drainage channel would cost $56,000. Based on the Petitioner's proposal, the City would contribute approximately $39,500 for the proposed project. The open drainage channel, which will be referred to as the Cleveland Lane Drainage Channel for the purposes of this report, drains a tributary area that extends to Perkins Street on the north, Jones Street on the south, and to the base of the foothills on the west. The drainage area for this channel is denoted as Area F as shown in Attachment 5. The Cleveland drainage channel extends from an existing 36" diameter reinforced concrete pipe encased in the building footing located at 182 Gobbi Street to Cleveland Lane on the north end, approximately 860 linear feet. As can be seen from a copy of the City's Storm Drain Index Map, several drainage pipes discharge storm waters into the channel at its north end. The amount of water carried by the channel is not known, however, every year for the last five years, water has overflowed its banks. The City currently maintains the channel and as demonstrated in the photographs, to be distributed during Staff's presentation, the amount of work to clear the open ditch is substantial. Undergrounding this open channel would be beneficial to both the City and the abutting property owners, and Staff is in support of the Petitioner's proposal. If the City elected to proceed with the project as proposed by the Petitioner's, the City's contribution would come from the General Fund Reserve. Since the above estimates are based on very preliminary information and assumptions, Staff is recommending that the City Council authorize Staff to proceed with the needed field survey and project design for the purpose of establishing an Engineer's Cost Estimate should the City Council agree that the proposed project is in the best interest of the City. Should the project proceed, Staff also recommends that formal agreements between the participating property owners and the City be entered into. Date: City of Ukiah I¢')~~"~~'~~~~~ agree to '" / CcD ~'r,' c pay for one-half (1/2) the cost of ~ pipe crossing the back of my property at ~/5¢ ¢' %~ ? ~'%~k~_~'= , Ukiah, California, if the City of Ukiah will install the pipe at no cost to me. Date: Date: City of Ukiah pay for one-half (1/2)the (~e/st" ' of cemeci-t pipe_ c~ss~ng the back of my property at ~E-?~¢~.~,,¢/¢~, _, Ukiah, California, if the City of Ukiah will install the pipe at no cost to me. Date- Date' City of Ukiah pay for on.half (1/2) the cost of ~'~ pipe crossing the back of my property at ~~ ,'¥,¢,,'¢¢W-~.~ ,.¢'~-'-- , Ukiah, California, if the City of Ukiah will install the pipe at no cost to me. Date: City of Ukiah I agree to ,?/~ ~,~-,- (. pay for one-half (1/2) the cost of ce=E~e~t pipe crossing the back of my property at Ukiah, California, if the City of Ukiah will install the pipe at no cost to me. Date: September 8, 1998 City of Ukiah I Ralph Gomez agree to pay for one-half (1/2) the cost of plastic pipe crossing the back of my property at 679 Marshall St. Ukiah, California, if the city of Ukiah will install the pipe at no cost to me. The total cost to me shall not exceed seven hundred fifty dollars ($750.00). Z o o E 0 0 0 0 0 0 0 I I I I I I 01 Z Z ~o $ -051 I I I C~ DSS P94 Pcl. I 2.99A~ C Z D 48 P 91 /% /Oo' I ~'1 I I I I 6 90' Pc/. $ 90' Poi. C~ 050 /GO. ?&la' ?,~.45' ,-,. 154 160. 166 ( myer Rd. ) ~qssessor s ~ounty of Mendocinq / ~~ March, 1988 Map Calif Cleveland Subd. ca D~l P~ velond Lane 277' 75.~0' RECEIVED OCl ~ 3 ~995 01Y OF UKIAtl PLANNING DEPT. cc., This mop was prepared for assessment purposes only. 'ability is assumed for the data delineated hereon. Lots 5,6,7 148. ~/1I' Clev, City of Ukiah Cost Estimate - Storm Drain (Cleveland Lane to E. Gobbi St.) Prepared By: Rick Seanor _ -- Estimated Description Quanti_~_ Unit UNIT PRIC_E_E AMOUNT Surveying 1 LS $750.00 $750.00 Ditch Excavation 130 CY $15.00 $1,950.00 i lmported Borrow 437 CY $18.00 $7,866.00 36" HDPE Storm Drain ---780 LF $35.00 $27,300~00 _ Pea Gravel Pipe Bedding 130 __CY $18.50 $2,405.00 ~8" HDPE Storm Drain 30 LF $30.00 $900.00 Storm Drain Catch Basin 3 EACH $2,500.00 $7,500.00 Storm Drain Junction Box 2 EACH $3,500.00 $7,000.00 TOTAL ESTIMATED COST= $55,671.00 Date and Time Printed: 9/29/98 at 2:35 PM Filename: EESTSDCL.XLS .J -lz Fl-/..oV[¢-- "' ~ - ~ ...T~c~ _-~ z.z~' ,,,,.)(] ,z~.) PIPE I I~PO P-.TED L..r~¢O¢- = ... I~T~I iq L cos'r- ~la" P-pcF___.- P~ ~F__ = ~ z~~--¢-~ +-f"-~x .,. Lf~ BOP---. +- /, C ~ ~ ~ z ~ ~ Z~Zz. o ~ ~ ~z~ ~z ~zzz mw~~www 0~0~~