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HomeMy WebLinkAbout1998-08-19 Packetaa PROOL TIO2V ~, in ~'ptsmber of this year, West Company will celebrate ten years of promotin§ entrepreneurial spirit and ~ng in the economic development of M~ County; and W~e.~, West Company is a private, non-profit organization specializing in start-up, stabilization, and expan~on of microenterprises in Mendocino County; and WHEREAS, West Company completes its mission by operating from both coastal and inland Oj~ices in order to better serve all residents of Mendocino County, including women, minoriN_~_, and Io~l~me people, to achieve economic se]f-sqlHciency thrmigh microenterprlse ownership; and WHERFAS, West Company accomp~ these activities by providing business consulting, training, and ~ to capital and by fostering local, state and federal policy that supports microenterprise development and enhancement. Ashiku, and Ouadalupe Chavez, hereby/ssue th/s Proclamation joining in celebration of the Tenth Anniversary of West Company and commending its parapets for their dedication microenterprise in Mendocino County. Dated.. August 19, 1998 Sheridan Malone, Mayor MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, August 5, 1998 4a The Ukiah City Council met at a Regular Meeting on August 5, 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 ~ following Councilmembers were present: Councilmembers Chavez, Ashiku, ~d Vi .c~....~yor Mastin. Absent: Councilmember Kelly and Mayor Malone. Staff present.:..~ii~..n..~:"Director Elton, City Manager Horsley, Public Works Director/City ~:E~.'.g..inee~.!iii!~~y, City Attorney Rapport, Fire Chief Sandelin, Planning Director Sawy..e..:~iiiii~'nior PIi~!ii~p, City CI~ Ulvila, and Police Chief Williams. Councilmember Ashiku led the Pledge of a. Regular Meeting of July 15, 199R MIS Chavez/Ashiku to approve the min~t .~..::ii~!~iii~egular "~i~::!i;f July 15, 1998 as submitted, carried by the following roll ca!.~i::~i!i::i::~~i?i~Duncil~bers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None..::~!~§STAl.~i?:i~iiiiili~BS~hT:-' Councilmember Kelly and Mayor Malone. ,:~iiii~ii? 4. RIGHT TO APPEAL DE~i~N Vice-Mayor Mastin reviewed..ii~ MIS As~i~~ez t0'::~~ili.!'tems a ::~:~:~"'the Consent Calendar as follows: a. A~:i~!~iiii~pen~i{!~!!~i~i~.r..imary Sludge Process Modifications to KBL Not To b. Awa.r.....d..,e..'~iii~i~!ii~ii~:...o. diu~::::iii~!~xide Products to Sierra Chemical Company in the c ..... ~arded Mai~i~~iiilService Agreement to Matt s Custom Tree Care for Public ::~::iiiiiii!?Works Tree Pr~i~i~ii!::~ d..:~iiiiiiiiii!i!iii? Approved Sole.:ii~U'~'ce Procurement and Awarded Consultant Service Agreement =============================== to NBA Wast~hnologies for the Implementation of the Work Plan for Soil and ======================= ::::::::::::::::::::::::: ;-:.:.:.:.:. iiiiiiiiiiiii!iiiiiiiiiiiiii!?~?:~::..Groundwa~iii::investigation of the City Corporation Yard at a Compensation Not ~ii!iiiii!iii!iiiiiiiiiii~~!::i~rdinance No. 1009, Amending Division 9, Chapter 2, Article 15 of the '::~i::i!i~iiii~iiiiiiii~~:~::M u n ici pa I Code; f. Awarded Bid for Tractor/Loader to Lampson Tractor in the Amount of $16,409.25; g. Adopted Resolution No. 99-3 Establishing a Four-Way Stop at the Intersection of Commerce Drive and Airport Park Boulevard; h. Adopted Resolution No. 99-4 Establishing a No Parking Zone/Bus Loading Zone On The West Side Of The 200 Block of South Orchard Avenue Just South of Stella Regular Meeting - August 5, 1998 Page 1 Drive; i. Awarded Acquisition of Dump Body for Street Department to Double 'D' Truck Center in the Amount of $9,857.35; j. Approved Budget Amendments for Various Funds; k. Awarded Acquisition of Four Wheel Drive Pick-Up Truck For Solid Waste Department To Biddulph Isuzu in the Amount of $16,618.39; I. Awarded Acquisition of Thermoplastic Applicator for Street Department to Stimsonite Corporation in the Amount of $10,540; m. Awarded Bid for Hurst Brand Rescue Equipment to L.N. Curtis .&..ii~i~ons in the Amount of $16,070.34; .& ...... ~iiiii~iiiiii::~ .... n. Approved the Acquisition of Thermoplastic Material fro~i!iiii~.~.'.e...~~ Sales in the o. Approved the Acquisition of Griffolyn Tarps..i::iii~i~ Ree~iiiii~iiiii~~....m., Inc. in Amount of $8,038.39; .:!i!!i!iii? .... .,~i~i!iiii!iiii~ ........ ~.":'-~iiii~{ii!ii!ii!!i!iiii!i!!!iii!iiiiili!!....: .......... p. Awarded the Acquisition of a Manual Fee~iiiii~ngine. e~ Plair~:~i~~iii~~::'for Engineering Department from Ellis Art & E-'.'~i~.e..~J~ Supplies i~i::i~i!i!~:~Jnt of q. Awarded Bid for Three Police Vehicles tQiiiii~~i~D. Ford in the Amount of $76,701.99 and Approval of Budget The motion carried by the following roll call vat:~iiii~~:. Coun~jii~~~:rsi!i Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None..A~.....~i~iiii~~ii~ABSE~!~:'Councilmember--" Kelly and Mayor Malone. ..d?::" Ed Harnett, 915 W. Perkins S~t~!i; Ukia~i?~:equest~:'that the financial activities of the Ukiah Conference Center be.:t~i~:~sed t~!ii~e pub!i~i?'He also inquired about the current status of a ~kateboard faci:!~i:.t:¥ ~iii~kiah. ~ii~R..:~i~i~ctrical rates in the City are very high and the .~!~:should ..o..g~!ii~i!~wance~!i!i~i!!~i::~¥~come persons, as does P.G.&E. He discuss~iiii~ii~-e-cent':~{~iiii~{i?~.Mr. Ma~ii~i~::ii~:~bles, and inquired if the City is accepting responSi:~ii~i!~iiii~is, deat~i?{i~i!~"'....~iihi:s., opinion than an independent investigation needs to be compl~:{~ilili!~{iii~i?.oes '~i~iiiiiiii~i~..e an internal investigation by the City, nor an investigatio~,b~i?~iii~i~i~t Att(~:~i!~::Sheriff's offices. He felt the taking of Mrs. Noble's Vice~"'Yor Mastin a~~iiii~;i Harnett that a full report was presented during the City's au~t Hearings rega~i~!i!i;~e financial status of the Conference Center. He directed City st~;iio send Mr. Harn~'this information. A meeting is scheduled for August 25, 1998, at .t:;~iiiiii~odd Grove ..:~m for further discussion on a skateboard park in Ukiah. He ~~J:edged .~ii~e electric utility rates in Ukiah are high and noted there is a program {~i?~!ii~{iiii~J~i!ii~itizens as well as Iow income persons with their bills. This program i to effect shortly. Mr. Michael Toms, business owner in Ukiah, expressed his dismay with the planned destruction of mature trees in the Pear Tree Shopping Center. He suggested Council issue a statement of support to retain the trees in the shopping center. He advised that his business was the first to utilize the shade trees provided by the Shade Brigade and felt Regular Meeting - August 5, 1998 Page 2 the City needs to retain as many trees as possible. Vice Mayor Mastin reported that an urgency item needs to be added to the agenda, Item 9d, Authorization for the Expenditure of Gas Tax Money to Complete the State Street Surface Remediation Project. MIS Ashiku/Chavez to add Item 9d to the agenda, Authorization for the Expe~.[ture of Gas Tax Money to Complete the State Street Surface Remediation .Eroject~i[ii~ried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku,.:;~ii~i~'Mayor Uastin. NOES: None. ABSTAIN: None. ABSENT: Councilm.,~er K~iii~ili~iii~ayor Malone. a. Memorial Walk Presentation ~iiiiiiiiiiiii:. ..::~!::iii? ........ City Manager Horsley advised that a special wal~iii~i::i.b..ei~::'in memory She had met previously with Lecretia Peoples and::!i~~iii~9:, discuss the fu~':~:~ and how the City can improve relations with people in the Ukia~ii~~.i.[y. The group asked to be able to express to Council their questions and Lecretia Peoples, Ukiah resident for 20 Y~ii:i~i~..ed that ........... walk took place along South State Street tonight in memo -':~~i~bles "~::~i! .... . . ..~i::~:. ' .... ..,....:~ ........ iL..,.L.:,?.~ .... . S~e.'felt by bnng~ng people together would given them an o..p.....~=~unityiiiiiiii{~ii!ili!i~i~:::~r concerns and make recommendations for improvementS~iiii~rougl~::iiii~ltL~:~iiii~i~tanding and better social relationships between neighbo..~::i~:i?'She ~ed Co.~i~i:?'to ..... consider establishing an independent investigation or .,t~iiii~ii~'ect b~" group,:~ii~:~ the process of establishing an independent investigation .:?~i~::~::ii~i? ..... ,:~:~:~:~:~:?' David Jo..e. iii!a.a.co n he is ~ii~~omo Indian decent. He discussed his experie~ii~i~, in ~i~:.~iii~....muniti~iii~:i~h have minorities. He expressed concern with som~::~~::.0f th~:~i~!~ii~artment who have animosity towards minorities and felt this ma~i::i~~i!ii~.:u.t dud'~iii~~tions. He emphasized further training for Police Officers as a....!~~i~il..t...o sh~:~iii~eople. He discussed the lack of minorities on the Police For.:~i!i~~i~~ce (~?:i~en/women of color working in neighborhoods where difficulti~?'~rise. Th;~ii~i~ibe a requirement that Police Officers complete mandatory train[~il? He felt a nee~i~i~?~stablishment of a 51/50 ordinance committee which looks at .~!~'rnatives to alter~ii0'~'. He felt there is also a need to establish a citizen ride-along ..::i:!:E::" :::::::::::::::::::::::::::: ..::::::::::::. ~i~i::~McClure:~!~:ised that she has worked with the Human Rights Monitoring Project ~ii~i~ii~i~ monitoring police misconduct in Mendocino County. There are many g'~iiiiii~i~?working in law enforcement, however, there is also a faction of law enforcement who are bullies and have committed crimes against citizens. She noted that Marvin Noble is not the first person to be killed by law enforcement in Mendocino County and felt the only way police misconduct can be brought to light is to have a commission of the people, with full investigative authority, to investigate the matter thoroughly. She urged Ukiah to form such a people's commission to review Police misconduct and make it Regular Meeting - August 5, 1998 Page 3 effective so that when people are mistreated by the Police, they will have some recourse. Deborah Armstrong advised she moved to Ukiah in 1976 as a 15 year old black person, and she hated it. Now as an adult, she is very happy that her family moved to Ukiah. Having lived in Southern California for some time, she witnessed police brutality. She felt the community needs to have interaction with those who are investigating the matter, rather than it being one-sided. She asked the City Council to set aside time at their next meeting, or call a special meeting as soon as possible so that the community can express their concerns ..... ~ ..... ::iii:: .:i:i:i.'~:i::.. "::::::":::::" Tom Johnson, West Mill Street resident since 1974, .felt the .:,~i~!~:.:~epartment is not completely at fault and that the Mental Health Depart~.t. shodi~?~i~i==.s, ent someone to totheworkSCeneto WhOeth knew how to deal with a mentally distu=~:"Perso .~iiiii!i~!i!~i:='''!~...s..:.sed the ne~ Richard Becket, San Francisco, advised he re~,[~i!!i~loria Arrevi~ii!i!i!!!~i!!!~~ and Freedom candidate for Governor of California. U~==!~i~~i~is very concern'~=~"'about the tragedy of Marvin Noble. He expressed his concer.n.?.~iii~i~:.responses when dealing with those individuals who suffer short or long termli~'ent'~ii~iiiii~?.i:.~==He noted that wealthy white people do not get shot by the police wh...e.~iiii.hey ha~iii~ii~'.a.J health crisis. Ms. Arrevia is supportive of an independent inv..e...~i~i~iLa...~d req~~ii~'~ouncil's support of such a plan He also stressed the need fe#~~:~=~=~ike" ses '~' b ' · . ....... ~=?=,. ~ .......... ~:~ ...... ~ sl~. etween Council and Vincent Colin Smith advised that=~h~!!ii~S a foxier Ukia iii ¥ 'ent, now residing in Rohnert Park. As a young black man in ~;, he h~=d it wh.e.~ii::~:he first moved here, but over time made many friends and now li~?=~i'he co~=unity .... ~'cited several incidents he had with PoliCe while.....living in Ukia.b..~i~i~ usual!~ii~.~[~?~hen he was walking down a street at night and=:~i~:~topped.:.~ili~iii~i!ce offi~!iiiiiii~i~'se of the Iow black population in Ukiah, he felt ~~!i~. Dep~~ii~sumed""~=~=~'"'=~as from out of town. These incidents made him feel "i=i~i!~i~inal, a':i~~iiih:.e.was not doing anything wrong. He does not like the feeling thai~i"~~, he ~".~iii~i~?~i,f his home after sunset, that his life may be in jeopardy. He..=:~~ii~iiCoun~iiii?~i~iiiiii~en to the people of the community. There .W....~=~ome dis~~i~,cerningi the disposition of the Police Officer who shot Mr. Nobl~i?~nd Police C~i~!iiiii~=iliams advised that Officer Sean Kaiser had been on ad~!~istrative leave, ~=t i~:~'now back to work. .:.:.:,:.:.:.:.:. ;,;.:.:.:. · ':':':':.:-:.:.:.~ ..i:i:~:i:!' ..::::::::;:::;:;:;: ..... ===================== ..... .::i:i:i:!::' ~i~Chairman Ma~'n thanked those who came to the meeting and assured them that :::::::::::::::::::::::::::::::: ,.::::::..:::::.. ~!~iii~i~:Lnot~ be....th~iiii~st opportunity for the public to address the Council on this issue. man in the audienCe advised that he was arrested by Officer Sean Kaiser today for being under the influence and expressed his concern with Mr. Noble's death. Cheryln Evans, a teacher at South Ukiah Valley High School, expressed concern with the conflicting stories about what transpired during the incident. She concurred that there is a need for an independent investigation and encouraged Council to support the citizens' Regular Meeting - August 5, 1998 Page 4 request. City Manager Horsley advised that more information should be coming forth on the matter now that the District Attomey has made her decision. There is an internal investigation in the Police Department as well. 7. PUBLIC HEARINGS .... i .... a. Adoption Of Resolution Approving Final Draft Summam: Plan ~i!ii~art Of Thc AB 939 Integrated Waste Management Plan For M~a~:~) County Establishing It As A Part Of The City Of Ukiah~!i!$olid ~!!~nagement Plan Public Works Director Kennedy reported that the .:~mary the aendocino Solid Waste Management Author~i!~:(MS~~i on b(~iii~ii!~ii!~{~ of Ukiah and other padicipating agencies. It id~~:?:~::~unty-wide ~~~=:Waste prevention, recycling and composting, current =~J~i~~ste manageme~::::~=':~ractices, diversion programs implemented, and anticipated:~~..~~y measures to increase diversion to 50% by the year 2000. The Plan i=~q~:~~he California Integrated Waste Management Board to be incorporated int~:::~e Integ~~e. Management Plan for aendocino County. The AB 939 aanage~~j~:~.pf Men~~?~:~unty also includes the previously adopted Source Reductio~:~::?:~~~::~Eleme~?::household Hazardous Waste Element, Non-Disposal Facility?:~i~'ment:~~~:~::E~ent. Public Hearing Opened: 7:20 p,~?' .~:?:? :-:.:-:-:-:. .~:~:~:~::. Eric Sunswheat, Potter V~=''' addiCt[ed......... CB~il regarding the Summa~ Plan, padicularly the compostiQg::.c~ponent~:~?~MeBd~o County is included in the Sonoma- Mendoci~ske Recy~i~?:~.arket d~~:~t Zone established by the California Integra~~S~e M~~~ aoard':?~:i:~ designation makes recycling businesses eligible ~?~~est Io~~~ects that utilize post-consumer waste as feedstock for new produ~~~:..his d:~~~jBn that compost and wood product loans have not been obtaine~;?~~cino":~~' businesses under this program. He presented a handout..t~~~~)~eeti'~?~and referred to documentation which he provided to Counci.}~i~?~heir p a c~~?:~:. Pu6i~i; ........ Hearing Close:. .... ~!:27 pm ..... ~.:.:.:.:.:.: . .:~:_-':!:~::"_._..._.. · !:!:!:i:i:!:i:i:!:!:!: ..::i:i:!:i:: ~ii:~havez/Ashik~iiii~:~o..:.:.:.:.:.:.. adopt Resolution No. 99-5 Approwng Final Draft Summary Plan ~ii~i~i..M...0ndo.c..i~iii~"°unty Integrated Waste Management Plan, carried by the following ~]iii~iiii~.~:.~i~iiiiiii~S: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: N~.ii.i.ii.i~i~lN: None. ABSENT: Councilmember Kelly and Mayor Malone. 7b. Consider a Proposed Reduction to Landfill Tipping Fee and the Adoption of a Resolution Setting Forth the Fees and Charges, Hours of Operation, anH Policy and Procedures at the Ukiah Landfill Regular Meeting - August 5, 1998 Page 5 Director of Public Works Kennedy reported that the proposed resolution would reduce the landfill tipping fee charged for each compacted ton of solid waste. Affected by this change are the commercial garbage collections franchised or permitted by the County of Mendocino to serve the waste customers within the County environs of Ukiah Valley, Redwood Valley, Potter Valley, Boonville, and Hopland, which are designated as the "old" service area. He discussed the proposed rates, Landfill Tipping Fee Reduction Scenarios, as well as Comparison of Rate Adjustment Scenarios. There was some discussion concerning current fees for solid waste delivere..d::~:by retailers who own compacting devises, such as Mervyn's and Riley's, and:Are eitb~i~:'~lelivered by the owner or by the franchised or permitted commercial .haulers,.,~i~iii~ii~r~{:~::~f $72 per ton. The proposed resolution designates a fee of $77 per :..t-~i~::. :~i!iiii!ii!iiiii!i!!iiiiiiii!iiiiiii!ii::::~ .... Jerry Ward, representing Solid Waste of Willits, i~iii~ii~~i~i:;e hauler. of operation at the Landfill are inconvenient for his ~~ilbecause they are"'~:~)t allowed to enter the Landfill before 8:00 a.m. on Tuesday.::i~~iiii?~i:.clay, and especially after holidays. He received a letter from the City in Mar~ii~hic~ili~i~..the City is conducting noise studies on the compactors and Landfill....e~'U-.:ipment?~i~iii~~ble, Solid Waste of Willits would then be able to dump with othe~iii~i~:Solid ~~i!~:~stems and Empire, at the hour of 7:00 a.m. He discussedliiiii~::iiii~i~ii!i~.p...eratu~i~::at the Landfill in the afternoon and the difficulty with his equ.iE~'nt go.i~i!~iii~!id.e.~' the grade at the Landfill during the afternoon hours. He fe!t.:"iiiii{~e ext.'.r.:.~!?ho~:~iiii~ii~ would greatly benefit his company ..... ~::.::!ii~!iiiii:: ~:~::::iiii? iii~ii~!!i~:~: Public Works Director Kenn .e.. ii! ':dvise iliB? the×.E::~ii:~-onmental Impact Report (EIR)has been prepared and is cur..[.e.n~i~i~:0ut for ~i~ ~..e...~i~, which ends on August 12, 1998. A public hea~9, has be.e..:~ili~~uled f~i~{~er 2, 1998 with the City Council. The supplem.'~ii~i~i!...P,, add' i ii wing providers to enjoy the same hours as Discussion f..~ii~iiii!:...~Dcerni:'~iii~:~'~hours of operation at the landfill and review of previous ..~i~i~ili~iii~~~:..m att~.~ City..~;mey Rappo~i~i~' there were additional court proceedings, and as a result, th .e....:ii~ity ........ had to report t..~!i~th'~" court that they had implemented a mitigation measure which w.:.~iiidentified in the....~::ii~lR. In order to do that, the Council clarified their resolution. He ~~ed that the C.i:t~ii~ill be applying to the Integrated Waste Management Board for an ::::::::::::::::::::::::::::::::: ...... :.: ... ~~...m. ent t o..j:t..:S..:iiii~ rv i ew. ~~i~~::Director Kennedy noted that the clarification was made in Resolution 98- 06. He reported that once the Supplemental EIR is certified, then the City will submit an application for a change in the hours as well as a change in the daily maximum from 190 to 290 tons per day. Regular Meeting - August 5, 1998 Page 6 City Manager Horsley advised that, although the City has not received much comment in writing, there have been several phone calls regarding the hours. Public Hearing Closed: 7:45 p.m. Councilmember Ashiku queried staff regarding the purpose of the rate reduction and expressed his concern with the regional areas not participating in closure .~.sts. City Manager Horslay advised the MSWMA surcharge is based ~iii~..t~ge from each jurisdiction. MSWMA is lowering their fee, and if we di.d.:?~,t pas.{ii~ii!~{~g, we would be accepting additional revenue which is based on the.i~'ge of ~i!~i!~iction .... Public Works Director Kennedy discussed the und~..-..funde...d..::ii~::~/ear is recommending that, should Council adopt st~iii::p..::['~sal, the rev~i!i~ld be included in the Post Closure Maintenance Fund. ~ii~iii~...e....sent time the b'~:j:~:~ce in the fund is approximately $300,000 ..... Discussion followed concerning Scenario 2 for..~merci~¥i!~~!;ii?:~~ .... MIS Ashiku/Chavez to adopt Resolutio .n.~i::~?i~iii~t.:.i..n..g Fo~iiiii~:; Fees and Charges, Hours of Operation, and Policy and ..:~edu[~i!ii!i~ii!i~iiiii~.k...i~~' Landfill, and Amending Resolution under paragraph 95, Fee~i~i~d Char....~s, ~!~ili~~d to $72.00, carried by the following roll call vote: AYES: Co.u...a..~iii:mem~ Chav~?~:~iku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None.."iiiiii~SEN~?Council~mber Kelly and Mayor Malone. a. Ao..~ve Amend~h~ii!i~o Soli~iiii~~!!!~'°llection Franchise Agreement With Solid W~iii~t e m*~!?~!ii ~iiiiiiiiiiiiiili~ii::~ .... '-::~:~i~i~:~ ........ Public K~~~ised the proposed amendment modifies the term of the Fran~i~~~:nt ~~~erm runs concurrently with the term of the contract executed by:.:~::~?~[~d Soi~~te Systems, Inc., on May 7, 1998, and shall be extende~~:~:~{~~:~erm'~:~tion of the Transfer Station Contract. The proposed amend~:ht establis'~?~~ of 10 years, from the date of sta~ of operation of the Tra~r............ ....... Station and '~~:~ an extension of another 10 years if the Transfer Station Co~act.:.:.:.:.:.:.:.:. is e~ended a~d:~itiona110 years pursuant to the provisions of its Contract. The C~[ract can be te[~i~hated earlier pursuant to the provisions of Paragraph 20 of the ~~:hise ~~~i~ed concerning having two contracts running concurrently for both the T~~i~n provider and the collectors. Public Works Director Kennedy noted there are provisions for termination in both contracts. MIS Ashiku/Chavez to approve Amendment to Solid Waste Collection Franchise Agreement with Solid Waste Systems, Inc., carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: Regular Meeting - August 5, 1998 Page 7 None. ABSENT: Councilmember Kelly and Mayor Malone. Vice-Mayor Mastin advised that Council has been asked to take an item out of order due to a persons injury. Consensus of Council was to move Item 9a after 8b. b. Presentation of Resident Survey and Recommendation to Open Marlene Street to Two-Way Traffic j::::::::::::-' Public Works Director Kennedy discussed the survey conductedili~.f, resj~i~ts within the, Marlene, Lorraine, and Betty Streets neighborhood. The.::.survey ~~S~l the residents opinions regarding the effectiveness of the one-way op~ on ~~i~..tr. eat at Orchard Avenue, and the speed humps on Betty and Lorrai~i!~:~:'~et. O...f..:iii~iiiii~ii~i!ii~.:U..estionnai~ distributed, 61 responded concerning the speed Ii~ps on concerning the speed humps on Betty Street. i?i!ii!~venty~=:~e respondents preferred that the speed humps remai~iii~i~i~aine Street, percent (88%)of the respondents preferred that the ~~ili~..r!3. ps remain on B°etty Street. He advised that the Traffic Engineering Committe~::ii!~!~~h.d..s that Uarlene Street at Orchard Avenue be re-opened to two-way traffic an~ii!~"'hat ~i~~ii~umps be constructed on Uarlene Street between Orchard Avenue Cat Larreau, resident on the south end..::~iii~i~ii~..e...t, did~i?agree with the results of the survey because of the two diff.e:¢~t opti~ii!ii~i~.d~::'and speed humps. She discussed the speeding and traffic p.....~!~lems .~ii":Lor;~i~:et, which is a narrow street without sidewalks. She noted th.a;t-~ii~ce Ma~i~ne Str~:{:':'~'~s been closed, the amount of traffic has been reduced but th..e..'iii~i~cles.:~tinue t~iilgpeed. She also noted the route is used by many commercial ve..;i~jEies wh~.i.~avel 1.~i~ 15 miles per hour over the posted speed limit..:::..VVithout side.w:alk~ii~'n LorraJ~i~t~?~ere is no place for pedestrians to get out of the.::~iii..of vehic!.e..'~i!ii i~ii~:felt the i~iii~!~'Jem is with traffic traveling through their neighbd~~ii~:.t..he ~ii~ii~ii~ the ~:~i~:~'ing center on Airport Park Blvd. Some cars drive aro~:~iii~ii~ed h~iii~iii~i~igh rate of speed and it has caused a safety hazard for pedestri'~iiiii~ii~en, a~iiii~~iiit.-iving in the area. She would like to see a better alternative to.:::~iii~.p.....s. '~:'!iiiiii!iiii!iiiiiii? ..... Arlen.e..iiii~'i'pey, 43 ~i~i~ili~t. reet, thanked Mr. Kennedy for calming the traffic on both aar..l.~!~ Street and ~':.~~" Streets. She preferred that additional speed humps be ~i~ii!~:Passof, 155.:~i~::~orah Court, advised Council that he has lived in the area since ~i~iiii!!a[~d fe!t.::.t~i;i~'he barrier on Marlene Street has served its usefulness. He felt that a i ii! iiii i i:: :ho t a street to have a speed hump and would not be effective. He di:~!~~i~!i{~:~' speeding traffic and impacts of large stores in the Airport Park Blvd. area affecting his neighborhood. He endorsed staff's recommendations and felt it will improve the traffic flow in the area. City Manager Horsley advised that she met with Public Works Director Kennedy concerning the situation and they have some ideas to rectify the problems. In particular, Regular Meeting - August 5, 1998 Page 8 if Council approves staff's recommendations and there continues to be increased traffic problems, staff is entertaining the possibility of not allowing traffic to cross the intersection of Talmage Road, from the shopping area on Airport Park Blvd., in a northerly direction to Lorraine Street. Instead, there would be two left hand turn lanes and two right hand turns lanes installed at the intersection of Talmage Road and Airport Park Boulevard. Discussion followed concerning the traffic that is generated by the business~ on Airport Park Blvd. and, with the opening of Food 4 Less in the near future~i~:t~e tr~::is projected to increase further, thereby impacting Talmage Road and surrou~ii~g.~¥ghborhoods. Eric Larson, 123 Clara Avenue, discussed spee.d.l~iii~affic "!:~!ii!!~i~jal areas a~ supported the alternative plan of not allowing norther~ii~affic on.~l~'~iii~ii~it~d, to ~:s Talmage Road and enter the residential neighborhOOd of L.o..'~:ine the City Council allocate discretionary authority t~iii~ii::~r....a..~ Engineeri~iii~~ii{:iee to pursue shod term experimental projects on a limit~i~iii~sis. He supp~'"~:':"staff and the Traffic Engineering Committee's Richard Jones, Lorraine Street, supported the....ii?a of ;~i~i?~i!be light on Talmage Road and felt most of the traffic on Lorraine~t~i~ii::in a nor~:~i?~i~i~ction. The lack of sidewalks on Lorraine Street places ped~~?~i~?~!.i~t wit~icle traffic. George, 44 Lorraine Street, advis~'e is re~d"::~?~~'sed~ ~ the traffic on Lorraine Street. He felt the removal of the b~r on M~ene St~{::::~:~s good but the speed humps need to be more effective. .-~:-' ::~:~:~:~:~:~:~:~:~: ..... ::~:~:~:~:~:? ..::::::::::. Discussion ~ollowed conc~rn~:?the pr~~!.:~~;nfigure the intersection of Talmage Motion:~~~::by A;~~opt~ Resolution Reopening Marlene Street at Orchard Avenue to"~~:~raffi~?~~ting Speed Humps Between Orchard Avenue and Lorraine Stree~~~ing S{~~nfigure the intersection at Airpod Park Boulevard and Talm~~a~~ating "~hbound traffic from Airpod Park Blvd. Ci~ ~mey Rappo~~i~' that, under the Brown Act, Council cannot take action on a.............-~tter which is n~?' &~:' the agenda, and noted there was no discussion of the T~!~:age/Airpo~ Park::~J~d. matter in sta~s repod to Council Council may proceed with ~. re~mmend~.~s concerning the barrier on Marlene Street and the speed humps, ~~[~ the r~~guration of the Talmage Road/Airpod Park Blvd. intersection should ~~i~~~:~ not h e r time. Councilmember Ashiku withdrew his motion. Discussion followed concerning directing staff to bring the matter back to Council at a later time. Regular Meeting- August 5, 1998 Page 9 MIS Ashiku/Chavez to adopt Resolution No. 99-7 Reopening Marlene Street at Orchard Avenue to Two-Way Traffic, and the installation of two speed humps as described in the staff report, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. Councilmember Chavez recommended that any further surveys of the neighborhood include residents on Orchard Avenue because they are also affected by traffic in the area ..;....--'~:.:'::... Public Works Director Kennedy advised that in accordance witl~ili~he Ge~=~:al Plan, the City will be looking at a Traffic Management Program. Und~i!ii~ii?~;="program, staff encourages community involvement in addressing t~.e..:!i~eds t~;..~~t, the City. Commissioner Ashiku discussed the obstruction offiCiO'ion at ramp on Talmage Avenue. ii~ililiiiiii~ ::?:~??' ........ ~iiiiiiiiii!iiiiiiiiiiiiiiiiiiiii!iiiiiiiiiiiiiiiiiiiiiiiiiiii~ii::~ ...... City Manager .orsley reported speaking with Calt~ii~ili~Yeral occasion'~:':'~'0ncerning this problem and will contact Caltrans again ..... :~:i~!i!~:i[::i!i~::ii::iiii .... a. Discussion of Neighborhood M~{i~!:ii!ii~.'"'~.ardin(]'::~::il~ible Addition of Skatepark Facility in Todd Grove Par..-..~i!i~:~6~:':~ ..... - TM ..... .¢...l:~etlon ,.~f"Mavor to Si(In Letter Announcing Public Meeting i!iiiiiiiiiiiiiiii!iiii?~iiii::::?:::::::i!iliiiii?:i~ ..... City Manager Horsley advisedth~{~:"the":~?:~? C.ii~:?has~:~" 'i::~!i~!!~'rking with the Skateboard Committee and an important iss~iiii~ii~ite se:l~tion. S.~"~al sites have been considered. Staff has reviewed the City's to s~:if there:j~!::i~ potential to include a skateboard park. Staff looked at Oak~i!~:~or P~!iii;and ~ Grove Park and the Skateboard Committee::~p....?efers Todd::~...o~: Park. ~ii~~:i'1 s approval, a meeting will be held at Todd Gr..~ii~::discus~ili~iiii~.:.e. ntial fd~!i!~!~::~ skateboard park at that location and to obtain ~~i?:D. eigh~iiiiii~ii..d, istrib~'~'"~=~"'photos of other skateboard parks to Council Don Dolan.~:=~?:~i~iiiiii?i~iiii~2,. U~i~?::'coordinator of the Ukiah Skateboard Committee, ska'i~boards in the downtown area. He noted several cities in Nort~ Californid~i!~iiii~teboard parks and they have proven very successful. He than~ City staff for'!!~i~i~iiii~operation with the committee and encouraged Council to ap..:~ove staff's recommendation. :::::::::::::::::: ;:::::::::. ~!~ii~.:s..hiku/Chav~ii~thorizing the Mayor to sign letter announcing a Skatepark meeting ~i~..U....s.,t,..2....5.~i~$, 5:00 p.m. at Todd Grove Park. C:~i~i!~~'er Chavez noted stairs were used at one skateboard park viewed in the photos and commented on the possibility of accidents occurring. She inquired if helmets would be required. City Manager Horsley reported there will be requirements by REMIF if the skateboard Regular Meeting - August 5, 1998 Page 10 park is on City property. Motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. Consensus of Council was to hear Items 9b and 9c, then 8c on the Agent, ..:~ii~i!~!.-'.?' · :~::. ..::.::.?:~i~?i::" 9b. Approval of Lease of North Fire Station, to Red Cros~:~iiii!iiiii!iii?~iiiii::...~iiiiiii!i? City Ma-n-agar Horsley advised that at Council s re....q.:~st, sta~iiii~ilili~..en working with various groups for a cooperative cohabitation of.:~ii!~"orth S~i~iiiii~i~iiii!:..Station. American Red Cross has approached staff with a r.~est to I~ '~:~!i!~i~!ii.'..o...f... the .~'h Fire Station. The facility is no longer utilized for fuliiii~e staffi~ but operations station and currently houses public maintenan~i!~i~ii~'s and apparatus equipment. The Red Cross would offer '~i~a:..benefit of provi'~'i:~g training and assistance for many of the emergency se..:~i~iiiiiii~:ided by the City's Fire Department. The rental would be $1,000 per mo~" an'~i!i~iii~i~ili~he benefits to the City and the community more than make up the rent ........ ~'n.. additi~iii!~iilp.,.er month would be paid for utilities. She discussed insurance re....,q~i~~ and re~~ded changes which have been approved by REMIF and Cit.y....~i::~!iiiii~iiiiiiiii~i...t.. B, Ot~:lnsurance Provisions, 1. to read "...as additional insured...". 2)::i:E~J~ibit ~!i~i~i~!~ii~?Coverage, last sentence is deleted, but add "Certificate of Ins~'"'~:nce"...~:~ r~~ii~i~t the American Red Cross has reviewed these changes and::~is..':ii~i~ agree~:ent wit~ii~. Fire Chief Sandelin advisediiii~t Red.:~i~oss ~iJJ[iii~ly be using a small portion of the storage fac. ility and the..::?:~it~ii?~ill be,iiii~i~t.a.:i~ii~~' the garage facility and apparatus equipment~i!iiii~i[.om an o..P.,.~i~! stand~i~i~i?~:~d Cross mobilizes a large contingency of worke..'i;~ili~i~.e..sour~ii~~a disa~ii~::i~'d noted the fire station was designed to be MIS Ashiku/~~iiii~'..p.....r. ovin~iiii~::i~;ith the American Red Cross for 1800 North State Street in th~iiii~i~ii~ii~i!.0..00 p~i~:month. City...~ager Horsle~i~i~i~::that~ part of the agreement was to continue with Hazardous W~.::~.:...~. Days and Mike.:~(~'ney was contacted regarding this matter. An plan was agreed u~ to continue the~?activities without disrupting the operations of either party. M~!~a,..~::...carriedb~!!~~e following roll call vote: AYES: Councilmembers Chavez, Ashiku, and ~~~!ii~{i~. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and 9c. Presentation of Survey and Recommendation to Establish No Parking Zones Adjacent to Driveways on Hospital Drive Public Works Director Kennedy recommended Council approve his recommendation. Regular Meeting - August 5, 1998 Page 11 MIS Chavez/Ashiku adopting Resolution No. 99-8 Establishing No Parking Zones Within 20 Feet of Both Sides of Designated Driveways on Hospital Drive, carried by the following roll call vote: AYES' Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES' None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 8c. Approval of a Product and Service A(jreement with FirstPoint Utility Solutions Inc. and Approval of a Bud(jet Amendment Finance Director Elton reported that Council approved a letter of intent ~.'.th FirstPoint Utility Solutions, Inc. to negotiate for various services, including .~!i~Cust~:~ information system, billing and mailing services, metering, collection andliii~te.'~i~r service. He advised that the conditions were received today at .~i~?p.m.*~!~iiii~i~..has not had an opportunity to review them. He recommended Cou~ii~:~'pprova.t. lii~ii~!!i~tract, subje~ to staff review of the general terms and conditions~iiiiiiiiii?" City Attorney Rapport concurred with Finan~iiiii~{;r Eltons r;~~:dation acceptable. ~:~!iiiiiiiiiiiiiiiiiiiiiiiiiiiiii!iiii?~iiii::~ .... ' .... MIS Ashiku/Chavez authorizing the City Manage~ii~ si~ii~ii~e.~,ment with FirstPoint Utility Solutions, Inc. not to exceed $26,700,.:.::..a..~:..amend'i~ii!ii~iiii~i.l. ting and Collection budget, 697.1305.250.000 by $26,700 to..:~~iii~i?:~..c, ost of :~i~iii~'reement, subject to review of the general terms and conditioa~i!~:'~i~i!ii~i.e.d by t~ii;~rollowing roll call vote: AYES: Councilmembers Chavez, A'~ii~u, a~?::'i::i~i~~y.0'¢ii?:Mastin. NOES: None. ABSTAIN: None. ABSENT: CouncJiA:emb.e..!:~ii~lly ~[~iii~:r Malone. 9d. Approve Non-A(jendize~!iii~:~ As ~er(~enc:~i?i{em; Authorize The Expenditurc of an Additional $42,345 F~ii~¥he St~ St~ee~ii~!i~'Urface Remediation Project, and P~31ic ~~Direct~i!ii~~dy ad~ii~ ~ii?the City is experiencing a much greater consu~i~iii~i~retha':~ii!ii~i!~ii:.S...tate S~:~'i Remediation Project. Staff is requesting to expend ~:~!iii~i~i~l $4~:~i::~iiii~::..Gas Tax Fund No. 2107 for the completion of the Project from'~ii~ii~pad t~i::i~~i~eet. Additional funds are needed to complete the underseal~D~ii!ii~iiii~i!ii~cret~iii!~'els. The volume of voids under the joints of the concrete~i!;i~'~'i~'"'~::~ii~~!ii:::.{.han '~hat was anticipated, therefore, a greater amount of ureth...a..~:?:ihan what ~!?~ii~ted is being consumed. ........ Di~i~ssion followed .~n~;grning Gas Tax Funds. .,:.:.:.:.:.:-:-:,: ..:.:.:,:.: -::i:i:i:i:i:i:i:i:i:i ..:ii:':'iiii:':' =========================== .:::::::::::' ~iiii~hiku/Cha~:?authorizing the Expenditure of an Additional $42,345 for the State ~[~i~...u'..~a..~i?:~ediation Project, and Approval of Budget Amendment, carried by the {~ii~~ii~:...~iii~iii?'vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. N~!ii::i::~:'~:~. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 10. CITY COUNCIL REPORTS Vice-Mayor Mastin briefly discussed the scheduled League of California Cities meeting in October. He reported that Tim Stoen, attorney for the North Forks Improvement Group, Regular Meeting- August 5, 1998 Page 12 is moving to Colorado. 11. CITY MANAGER/DIRECTOR REPORTS Cit3t Manager Homley reported that Councilmember Ashiku requested an update on the Vehicle License Fee. She referred to the handout from the League of California Cities. The governor has backed off of the initial proposal to reduce the Vehicle License Fees, and now the State is to give a credit of 25%. The City sent a letter today to...~enator Mike Thompson indicating the City's interest in the continuation of these ~.prop[i~i~'ns to cities. She circulated a sample of a designed graphic whicbii~.as pr~~ii!i~ City staff for a publication and noted a savings of City funds by uti!j~i~:~ity c(~:~~!ii~d staff. None. i?~ii!i i?~ii i i!ili::~i~::: ............. ?~: ....... ~i::iiil i i?~ili!~!!i!i!i!i!i~i!i!!i!i!iiiiiiii::~ .... Vice-Mayor Mastin adjourned the meeting at 9:0Oii!i~:i'm":.:~iiiii!iiiiii!i!i!iiiiii!ili!i!iiiiiiiiiiii::?:~ .... .:~::i~::~i~ii~ .... ..:~ .... ?:~i::i::? Marie Ulvila, City Clerk ..:,:,:.:.:.:.- .:::::::::::::: .:.:.:.:.:.:.:.: ..... ..:.:.:.:.:.:.:.: .:.:c-:,: .:.:.:.:.:. · i! ":':':':': ,:.:.:.: .!iiiiiiiii!i!i!iiiiiiii. .':':':-:':-' ..::::::::::.' !i., ":':':':':':" Regular Meeting - August 5, 1998 Page 13 ITEM NO. DATE 6a August 12, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JULY 1998 Payments made during the month of July 1998, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 106370-106541, 106691-106873, 107027-107098, 77471-77473 Payroll check numbers: 106227-106369, 106542-106690, 106882-107026 Direct Deposit numbers: 3137-3392 Void check numbers: 106874-106881 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of July 1998. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements aPPROVEd: ~_~ ~~~ Candace ho'rsley,-Cit¥ AGENDA.WPD/krs Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JULY 1998 Demand Payments approved: Check No. 106370-106424, 106425-106541, 106691-106773, 106774-106873, 107027-107098, 77471-77473 FUNDS: 100 General Fund $140,020.12 660 Sanitary Disposal Site Fund 140 Park Development 661 Sanitary Disposal Replace 141 Museum Grants 665 Refuse/Debris Control 142 National Science Foundation 670 U.S.W. Billing & Collections 143 N.E.H.1. Museum Grant $615.00 675 Contracted Dispatch Services 150 Civic Center Fund $2,458.90 678 Public Safety Dispatch 200 Asset Seizure Fund $500.00 679 MESA (Mendo Emerg Srv Auth) 205 Sup Law Enforce. Srv. Fd (SLESF) $3,828.39 695 Golf 206 Community Oriented Policing $69.29 696 Warehouse/Stores 220 Parking Dist. //10per & Maint $912.35 697 Billing Enterprise Fund 260 Downtown Business Improvement $1,808.01 698 Fixed Asset Fund 301 Gas Tax Fund (2107) 800 Electric 332 Federal Emerg. Shelter Grant $956.78 801 Electric Revenue Fund 333 Comm. Develp. Block Grant 805 Street Lighting Fund 340 SB325 Reimbursement Fund $2,865.40 806 Public Benefits Charges 410 Conference Center Fund $9,616.85 820 Water 550 Lake Mendocino Bond $3,500.00 900 Special Deposit Trust 555 Lake Mendocino Bond Reserve 910 Worker's Comp. Fund 575 Garage $1,927.94 920 Liability Fund 600 Airport $27,045.23 940 Payroll Posting Fund 610 Sewer Service Fund 950 General Service 611 Sewer Construction Fund 960 Community Redev. Agency 612 City/District Sewer $35,432.56 962 Redev. Housing Fund 615 City/Dist Sewer Replace 965 Redevelopment Cap Imprv. Fund 652 REDIP Sewer Enterprise Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 106227 - 106369 DIRECT DEPOSIT NUMBERS 3137 - 3218 PAYROLL PERIOD 6/14/1998 - 6/27/1998 PAYROLL CHECK NUMBERS 106542 - 106687 DIRECT DEPOSIT NUMBERS 3219 - 3309 PAYROLL PERIOD 6/28/1998 o 7/11/1998 PAYROLL CHECK NUMBERS 106688-106690, 106882-107026 DIRECT DEPOSIT NUMBERS 3310 - 3392 PAYROLL PERIOD 7/12/1998 - 7/25/1998 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR DEDUCTION CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS- 106874 - 106881 $18,478.90 $555.77 $128,719.99 $3,O94.84 $10,521 .O7 $16,138.78 $194.59 $6,547.53 $98,943.40 $766,321.14 $70,716.89 $12,240.29 $37 948.37 $36 510.81 $1 251.60 $233 453.00 $149 261.95 $1 191.94 $13 410.92 $61 842.00 $8 808.00 $1,907,708.60 $76,768.95 $317,856.49 $290,524.98 $2,592,859.02 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. Director of Finance U~ ~ :~ I omou~oo~0~00oooo ~ I--I , · O H ~: 0 0 0 0 000 I-I 0 0 0 0 000 I--] 0 0 0 0 000 0 0 ~--I cc) H O~ q~: 00o 0 o ,~ :D ~ ~ H U 0~ H r.~ i-] o 0 o 0 00o U C) c) CD CD c) oc) oD c~o 0 o~.-I o oo o oo 0 O0 o'~ u') o oo 0 O0 ~--I cxl {'~ '~ u') LO {"~ 00 o'~ ~-I r-.I ,-I r..-I r--t ,--I r--I r-t r.-I 0 0 0 0 0 000 o o o o o o ooo o 0 0 o o 0 ooo 0 0 ~ ~ 0 t~ ~ i I 0 oD o'~ o'~ 0 ~-I cxl cxl c~ ',ct, oD 'mi', u'") i.r) i.~ u"} u") {~. 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0~ 0 0 0 Om OO OO o O k.o u"') ~1 ~--I ~.-t O OO OO O OO oo ~1 ~-.-..I {-4 ~1~1 O ~ o ~ ~ U 0 ~ ~ ~ O0 H ~ ~ OO ~ ~ ~ U ~ OO H ~ O~ ~ ~ ~ ~ O OO O OO OO U O OO O OO OO O O O OO OO O O O OO OO ~ O O O OO OO 0 O ~ ~ ~ H ~ H~ HH HH ~o m~o m mmO 0 ~ ~0 ~0 oo · H H ~ U~ ~ ~HH ~ ~ ODD H~  O0 ~ 0 0 O~ ~o U · o > I oo ~ oo u H .. 0 O~ ~ Uo [~ ~ ~U ~0 U · O H i O0 O0 O0 O0 oo O0 O0 O0 O~ oo O0 oo ~ (DO OO ~: · ~ o~ ~ C) o~o~ ~o~ oo o~ ~ ~ o~ ~ oo d~ U U ~ 000 oo ~ ooo ~ 0 · 0 0 0 ~q o ITEM NO. 6b DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AMENDING APPENDIX TO CITY CONFLICT OF INTEREST CODE The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the determination has been made to amend, a notice must be submitted to the City Council no later than October 1 of even-numbered years. The City Council is the code reviewing body for City agencies. The City Clerk has notified each City department to review the disclosure categories for Conflict of Interest Code as found in the Appendix and recommendations have been submitted to amend several positions listed. These amendments are reflected in the Appendix. RECOMMENDED ACTION: Adopt Resolution Amending Appendix to Conflict of Interest Code. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications must be made to the Appendix, identify changes, and adopt Resolution with revised Appendix Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Marie Ulvila, City Clerk Candace Horsley, City Manager 1. Resolution Amending Appendix to Conflict of Interest Code APPROVED~ I' .__ Candace Horsley, Cit! c:asr.mu Manager 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 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING APPENDIX TO CONFLICT OF INTEREST CODE WHEREAS, 1. The Political Reform Act ("the Act," Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes; and 2. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 C.C.R. § 18730) which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Act; and 3. On March 6, 1991, in Resolution No. 91-46, the City Council adopted the standard conflict of interest code by reference; and 4. Resolution No. 91-46 contained an Appendix which set forth the disclosure categories for the various positions in the City of Ukiah government who make decisions that could affect an economic interest; and 5. Various job titles and duties have changed since the Appendix was originally adopted and the Appendix requires amendment to reflect the currently effective job titles and duties within the City of Ukiah; and 6. Under Government Code Section 87306.5 every other year beginning in 1992, the City Council must either amend its City Code or determine that no amendments are necessary. NOW, THEREFORE, BE IT RESOLVED, that this Resolution supersedes all other resolutions establishing Appendix to Conflict of Interest Code in the City of Ukiah and the attached Appendix to Conflict of Interest Code is hereby adopted, effective August 19, 1998, and shall remain in effect until further amended by resolution of the City Council. PASSED AND ADOPTED this 19th day of August, 1998, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of 1 APPENDIX TO CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES FOR CONFLICT OF INTEREST CODE (Effective August 19, 1998) RANGE OF DUTIES POSITION REPORTABLE INTERESTS Employees whose duties arc broad and undefinable Employees whose duties involve contracting or purchasing for a: Entire City b. A specific City Department Mayor*, Councilmembers*, City Manager*, City Attorney*, Assistant City Manager*, Risk Manager/Budget Officer, Finance Director (All Schedules)*, City Treasurer*, Police Chief, Police Captain, Fire Chief, Fire Battalion Chief, Planning Director, Senior Planner, Director of Public Works/ City Engineer, Director of Public Utilities, Director of Community Services, Planning Commissioners*, Ukiah Valley Conference Center/ Plaza Manager City Clerk, Account Supervisor, Purchasing Supervisor Water and Sewer Operations Superintendent, Water and Wastewater Treatment Plant Supervisor, Cultural Arts/ Museum Director, Electric Supervisor, Public Works Superintendent, Landfill Supervisor, Airport Mana~[er All sources of income, interests in real property and investments and business positions in business entities Investments and business positions in business entities, and sources of income which provide services, supplies, materials, machinery or equipment of the type utilized by the entire City (excluding Schedules B & C 1) Investments and business positions in business entities, and sources of income which provide services, supplies materials, machinery, or equipment of they type utilized by the designated- employee's department (all schedules excluding schedules B & C 1) Included solely for disqualification purposes. Disclosure requirements imposed by Government Code Section 87200. Solely required to complete Form 721 or any successor form. (See 2 C.C.R. § 18730, Section 3.) Note: If the City hires "consultants" as defined in 2 C.C.R. § 12700, the City Manager shall describe in writing the consultant's duties and, based upon that description, shall determine the scope, if any of his or her reporting obligations. The City Manager shall forward a copy of this determination to the Fair Political Practices Commission (FPPC). res\appendix 6c ITEM NO. DATE: AUGUST 19, 1998 AGENDA SUMMARY REPORT SUBJECT: DENIAL OF CLAIM FOR DAMAGES RECEIVED FROM ALEJANDRINA'S FLORIST, AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Alejandrina's Florist was received by the City of Ukiah on August 3, 1998 and alleges damages related to power outages on August 1 and 2, 1998 at 1372 South State Street. 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 Alejandrina's Florist; 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 OfficertJ-,-,¢<~-,~ Candace Horsley, City Manager 1. Claim of Alejandrina's Florist, pages 1-2. ~andace Horsley,'"Cit~Manager mfh:asrcc98 0819CLAIM NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title l, o( the:Gove .rnme~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 Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box C~y Home Phone Number State Zip Code Work Phone Number . 4~ . PERSON TO WHOM NOTICES RE.~ARDi~NG THiS CLAIM, SHOULD BE SENT (if different from above): Narhe ~ ' ' mb': .umber/~treet and/or Post Offi¢~J~/I :p~__ ' City State Zip Code DATE OF THE ACCIDENT OR OCCURRENCE: . GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (A~ttach additional page(s), if more space is needed)' ~ ~ px,.__ { .~ ~ I ] , ~ \ ~ 7. NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: e WITNESS(ES), if known (optional): Name a. Address Telephone b. DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name Address a. Telephone b, - t-- 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the c/aim: 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it 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 ($10,000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Superior Court. or Applicable Jurfsdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages fo/7. 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 c/aim relating to a cause of 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 shall be presented not later than one (1) year after accrual of the cause of action. · , S! URE OF CLAIMANT(S) Received in the Office of the City Clerk this day of NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies 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 to interpret any law. If 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 ITEM NO. DATE: 6d August 19, 1998 AGENDA SUMMARY REPORT SUBdECT: ADOPTION OF RESOLUTION SETTING THE LIMITATION ON CITY EXPENDITURES FOR FISCAL 1998-99. The passage of Proposition 4 in 1979 (Article XIIIB of the California Constitution), requires local governments to prepare a statement of appropriations limitation. Also, each of the governing bodies must pass a resolution setting the appropriations limit for each budget year. Briefly, the City's appropriation growth rate is limited to the change in the County's population and the change in California's per capita personal income. Exhibit A, attached to the proposed resolution for fiscal year 1998-99, sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 1998-99 fiscal year. For this calculation, each revenue source and General Fund transfer, listed in the adopted budget, must be allocated as "proceeds from taxes" or "non-proceeds from taxes." Adoption of this resolution assures the community and the State of California that the appropriations approved do not exceed the City's annual appropriations limit. For fiscal year 1998-99 the calculations show a limit of $19.8 million and appropriations subject to the limit of $4.9 million. This provides a large margin of safety ($14.9 million) before compliance with this law would become a problem. Staff recommends that the City Council adopt the resolution fixing limitations on City expenditures for Fiscal Year 1998-99. RECOMMENDED ACTION: 1). Adopt the resolution setting the Fiscal Year 1998-99 Appropriations limit at $19,829,779. ALTERNATE COUNCIL POLICY OPTIONS: 1. Postpone adoption of appropriation limit resolution. 2. Adopt resolution with modifications. Prepared by: Gordon Elton, Finance Director J~ Coordinated with: Candace Horsley, City Man~e~ Attachments: 1) Resolution for FY 98-99 Appropriation limitation. APPROVED: GE:GANNLIMT.AGN ~ndace Ho~s~e!, City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FIXING LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 1998-99 WHEREAS, the provisions of Proposition 4, (Article Xlll B of the California Constitution), the spending initiative, passed by the voters of the State of California, place a limitation on the expenditures of governmental agencies; and WHEREAS, the above referenced legislation requires the City of Ukiah to establish its appropriation limit for the 1998-99 fiscal year; and WHEREAS, the Director of Finance of the City of Ukiah has computed the limitation of the City of Ukiah for the 1998-99 fiscal year in accordance with the provisions thereof in the amount of $19,829,779; and WHEREAS, the appropriation limitation for the 1998-99 fiscal year was determined by utilizing the change in California per capita income for the 1998-99 fiscal year and the percentage of population change within Mendocino County as estimated by the State of California, Department of Finance estimates as of January 1, 1998. NOW, THEREFORE, BE IT RESOLVED, that the budgetary appropriation limitation of the City of Ukiah for fiscal year 1998-99 is hereby fixed at $19,829,779, as set forth on Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED this 19th day of August, 1998, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk 4:Res:Limit.98 CITY OF UKIAH SCHEDULE TO DETERMINE COMPLIANCE WITH PROPOSITIONS 4 & 111 APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDED JUNE 30, 1999 Based on Fiscal Year 1998-99 Budget EXHIBIT "A" A) PROCEEDS OF TAXES B) LESS: EXCLUSIONS C) APPROPRIATIONS SUBJECT TO LIMITATION $5,243,295 $368,902 $4,874,393 D) CURRENT YEAR LIMIT E) AMOUNT UNDER THE LIMIT (MARGIN OF SAFETY) $19,829,779 $14,955,386 GANN45.XLS 8/11/98 Page 1 of 5 CITY OF UKIAH APPROPRIATIONS SUBJECT TO GANN LIMIT 1995/96 1996/97 1997/98 1998/99 LIMIT PRIOR YEAR TIMES: % CHANGE IN CALIFORNIA PER CAPITA INCOME (a) (b) OR % GROWTH IN NON-RESIDENTIAL ASSESSED VALUATION $15,687,381 $16,680,814 $17,573,297 1.0472 1.0467 1.0467 $18,697,470 1.0415 AND TIMES: % POPULATION CHANGE CITY (a) % POULATION CHANGE COUNTY (a) (c) 1.0005 1.003 1.0135 1.0154 1.0065 1.0165 1.0132 1.0183 NEW LIMIT $16,680,814 $17,573,297 $18,697,470 $19,829,779 NOTES: (a) State of California, Department of Finance estimates, May 1998 (b) Factor Chosen for calculation, by default. (c) Factor Chosen for calculation. GANN45.XLS 8/11/98 Page 2 of 5 CITY OF UKIAH PROPOSITION 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 1998/99 REVENUE SOURCE TAXES PROPERTY TAXES SALES & USE TAXES PROPERTY TRANSFER TAX ROOM OCCUPANCY TAX BUSINESS LICENSE TAX FRANCHISE TAX FRANCHISE IN-LIEU CITY UTILITIES OTHER TAXES LICENSES AND PERMITS BICYCLE LICENSES BUILDING PERMITS ELECTRICAL PERMITS PLUMBING PERMITS MECHANICAL PERMITS MISCELLANEOUS PERMITS FINES & PENALTIES INTERGOVERNMENTAL MOTOR VEHICLE IN LIEU TRAILER COACH FEES OFF HIGHWAY LICENSES TAX RELIEF VICHY SPRINGS FIRE CONTRACT P.O.S..T. REIMBURSEMENTS COUNTY REIMBURSEMENT MISC. PARTICIPATIONS STATE MANDATED COST REIMBURSEMENT USE OF MONEY & PROPERTY INTEREST RENT SUN HOUSE REVENUE CONCESSION INCOME RECREATION PROGRAM INCOME TRANSFERS TO OTHER FUNDS PROCEEDS OF TAXES $495,000 $2,878,OOO $16,000 $2O9,OOO $175,000 $665,000 $600,000 $0 $235 $15,200 $189,860 NON-PROCEEDS OF TAXES $375,500 $150 $65,000 $10,000 $6,5OO $4,500 $6,24O $35,014 $0 $28,000 $0 $0 $47,860 $85,140 $172,025 $6,000 $0 $132,691 $364,856 GANN45.XLS 8/11/98 Page 3 of 5 CITY OF UKIAH PROPOSITION 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 1998/99 REVENUE SOURCE PROCEEDS OF TAXES NON-PROCEEDS OF TAXES CHARGES FOR CURRENT SERVICES SUBD PLANNING FEES SUBDIVISION FEES GENERAL PLAN FEES EMERGENCY RESPONSE REIM POLICE DEPARTMENT FIRE DEPT SALE OF MATERIALS SALE OF SURPLUS PROPERTY AMBULANCE FEES WEED ABATEMENT VEHICLE ABATEMENT PLAN CHECK FEES SWIMMING POOL LATE CHARGES/PENALTIES LABOR OVERHEAD REIMBURSEMENT MISCELLANEOUS TOTAL GENERAL FUND $5,243,295 $9,000 $2,300 $900 $19,000 $18,300 $17,270 9310,000 90 924,000 940,000 933,000 90 93,700 91,816,946 97,060,241 ENTERPRISE & OTHER FUNDS 924,876,065 924,876,065 TOTAL BUDGETED EXPENDITURES ADD: TRANSFERS INTO GENERAL FUND 95,243,295 926,693,011 90 931,936,306 TOTAL PROCEEDS OF TAXES 95,243,295 TOTAL NON-PROCEEDS OF TAXES 926,693,011 GANN45.XLS 8/11/98 Page 4 of 5 CITY OF UKIAH SCHEDULE OF EXCLUDED APPROPRIATIONS FISCAL YEAR 1998/99 BUDGET QUALIFIED CAPITAL OUTLAYS AMOUNT LEASE/PURCHASE PAYMENTS FIRE TRUCK (lOO.21Ol) CIVIC CENTER STREET EQUIPMENT (lOO.31 lO) PARKS MOWER (lOO.6OOl) $18,969 $306,385 $35,548 $8,000 $368,902 CITY OF UKIAH ALLOCATION OF INTEREST- TO TAX & NON-TAX PROCEEDS FISCAL YEAR 1998/99 BUDGET A) TAX PROCEEDS LESS INTEREST - GENERAL FUND $5,053,435 B) LESS; EXCLUDED APPROPRIATIONS $368,9O2 C) NET TAX PROCEEDS $4,684,533 D) TOTAL GENERAL FUND REVENUES, LESS INTEREST $6,785,241 E) NET TAX PROCEEDS, AS PERCENT OF TOTAL GENERAL FUND REVENUE 69% F) TOTAL INTEREST $275,000 G) AMOUNT OF INTEREST EARNED FROM TAXES $189,860 H) AMOUNT OF INTEREST EARNED FROM NON-PROCEEDS OF TAXES $85,140 GANN45.XLS 8/11/98 Page 5 of 5 Item No. Date: Auaust 19, 1998 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to distribute correspondence as required, declaring the City of Ukiah's opposition to "The Utility Rate Reduction and Reform Act", an initiative defined as Proposition 9. REPORT: On November 24, 1997, various consumer groups filed a voter initiative with the California Attorney General. The voter initiative recently has been designated as "Proposition 9". Despite the express State pledge set forth in Assembly Bill 1890, Proposition 9 would prohibit collection of the special charge for the payment of principal and interest on the rate reduction bonds. These bonds were issued to the Investor Owned Utilities in order to facilitate a mandated 20% reduction in rates to residential and small commercial customers. If this aspect of Proposition 9 is allowed, the primary source of revenue for the payment of principal and interest on $7 billion of outstanding rate reduction bonds would be eliminated. Accordingly, the State of California Attorney General has stated that potential state liability for debt service on $7 billion in bonds previously issued may result from judicial interpretation of the applicability of the measure to those bonds. On June 24, 1998, the California Secretary of State announced that Proposition 9 has qualified for the November 3, 1998 Statewide ballot. ( Continued on Page 2 ) RECOMMENDED ACTION: Authorize the City Manager to distribute correspondence as required, declaring the City of Ukiah's opposition to "The Utility Rate Reduction and Reform Act", an initiative defined as Proposition 9. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Staff's Request. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Opposition List and Proposition 9 Information 2) Letter from California Municipal Utilities Association 3) Letter to Attorney General from Joint Legislative Budget Committee ( Page 2 ) If Proposition 9 is approved by the voters, it unquestionably will result in further litigation. Although these bonds have no direct affect on municipal customers, if Proposition 9 is sustained by the courts, depending upon the legal analysis applied, local governments could face additional hurdles in issuing their own bonds, notes, certificates of participation, and other financial instruments due to an increase in perceived risks associated with the California initiative process. In addition, should the State of California become responsible for the payment of these bonds, all California residents could be affected through higher taxes. Although staff believes that the rate reduction bonds benefited the stockholders of the investor owned utilities and not the rate payers, the passage of Proposition 9 could significantly increase the cost to local governments in the form of higher interest rates being paid to cover the risks that would be perceived in owning bonds or other financial obligations within the State of California. Therefore, staff requests that the City Council express the City of Ukiah's opposition to Proposition 9, and authorize the City Manager to distribute correspondence expressing that opposition as required. California Chamber of Commerce California School Boards Association California Organization of Police and Sheriffs California Black Chamber of Commerce : California Municipal Utilities Association California School Employees Association California Small Business Association California Taxpayers' Association Planning and Conservation League California Healthcare Association California Teachers Association Monterey County Hispanic Chamber of Commerce California Large Energy Consumers Association California Business Roundtable Enron California Retailers Association California Farm Bureau Federation Americans for Competitive Telecommunications Simi Valley Chamber of Commerce Black Chamber of Orange County Antelope Valley Board of Trade~ American Association of Business Persons with Disabilities California Business Properties Association Orange County Taxpayers Association Los Angeles County Federation of Labor Consumers First Environmental Defense Fund - Continued- Revised 7/22/98 Consumers Coalition of California Santa Clara County Hispanic Chamber of Commerce Oak Valley Union School District California City Economic Development Corporation California League of Food Processors Hanford Chamber of Commerce California Industrial Users Victor Valley African American Chamber of Commerce California's Investor-Owned Utilities City of California City Eureka Chamber of Commerce Monterey County Business Council Latino Chamber of Commerce of Santa Cruz County Jefferson Union High School District New Energy Ventures South Bay Association Chambers of Commerce California Restaurant Association Sacramento Black Chamber of Commerce California Manufacturers Association Natural Resources Defense Council Revised 7/22/98 Proponents of Proposition 9 may not have intended to draft an initiative that would: Force taxpayers to pay for $6 billion in bonds already sold; Result in a huge tax increase and significant reductions in key public services -- such as education, police and fire; Derail our emerging competitive electricity market by eliminating customer choice and any prospect for lower electricity rates; C~Harm the interests of utility workers and our environment; and C~Result in years of litigation. Unfortunately, a careful and literal reading of Proposition 9 on the November ballot demonstrates that proponents have done just that. This measure attempts to invalidate certain aspects of current law, while leaving others intact. However, the law that created California's competitive electricity market (AB 1890) is an integrated package. All of its parts are needed if it is to work for the benefit of all consumers. A careful and literal reading of this law and Prop. 9 reveals that sloppy drafl/ng has resulted in several unintended consequences. Specifically, passage of Prop. 9 could: Force taxpayers to pay bondholders for $6 billion in bonds already sold As part of the transition to a competitive electricity market, the State of California ordered utilities to refinance a portion of capital costs incurred during a monopoly marketplace in order to provide consumers with more than a billion dollars in immediately realized savings. To accomplish these savings--as well as provide for an immediate 10% rate reduction for residential and small business customersmthe state's Infrastructure Bank authorized the issuance of more than $6 billion in bonds. These bonds have already been sold. Although these bonds are not "State" bonds in the literal sense (backed by the "full faith and credit" of the State), the State did affirmatively pledge through legislation and contract that authorized them to "take no action to impair the bonds, unless it made adequate provision for the bondholders" (section 841(c) AB 1890). Passage of the initiative is a "state" action impairing the bonds, and Prop. 9 offers no remedy or provision to ensure that bondholders get paid. This impairment of the bonds, however, will result in massive lawsuits between bondholders, bond sellers, investor-owned utilities, taxpayers and the State of California. The State of California-- and taxpayers--will ultimately be liable to repay $6 billion to bondholders. Utilities will not be required--under any scenario .to repay these bonds. Raise taxes and result in significant reductions in key public services such as education, ~olice and fire Because the State of California is likely liable for the $6 billion in previously sold bonds, the State Director of Finance has concluded that "Planning for a budget contingency of potentially $7 billion could directly effect every program in the state budget and would require a major budget adjustment effort." No program dependent on revenues from California's general fund would be immune from cutsBincluding education, police, fire and other important services. That is why the California School Boards Association and many other organizations oppose Prop. 9. In addition to significant cuts in important services, passage of the initiative would also result in a huge tax increase to cover this budget shortfall, which is why the California Taxpayers' Association also vigorously opposes the measure. Eliminate customer choice and competitive electric rates The law that created California's emerging competitive electric market conditioned customers' freedom to choose who they buy their electricity from on investor-owned utilities' ability to recover capital costs incurred in the monopoly market (section 370, AB 1890). By now prohibiting utilities from recovering a portion of these certain capital investments, Prop. 9 is "inconsistent" with current law and therefore would derail the competitive market including the elimination of customer choice. ~ In drafting AB 1890, California's legislature and dozens of diverse interest groups believed that a failure to allow investor-owned utilities the opportunity to recover costs incurred in the monopoly marketplace would prevent the hopes for a smooth transition to a competitive electric market and doom any chance for lower electric rates. Legal precedent has long established the utilities' right to ask for and recover the costs they incurred which were requked by law in a regulated market. In fact, in several other states which have failed to provide utilities the opportunity to recover these costs, competition--and more importantly lower rates--have been delayed by legal action. To avoid a years long, counter-productive legal battle, current California law gives utilities only a limited period to recover past capital investments incurred in the monopoly marketplace. After 2001, the price for electricity will be set in the competitive marketplace and electric rates are expected to drop at least 20% to 30%. Because Prop. 9 retroactively prevents utilities from recovering these costs (already approved by regulators), passage of this measure will prevent the transition to a competitive market and customers will not benefit from lower electric rates. Harm the interest of utility workers and the environment While proponents presumably had no intention of negatively impacting the interests of utility workers, poor drafting of Prop. 9 has jeopardized the funding for employee transition costs which were embedded in the legislation authorizing a competitive electric market. The initiative disallows recovery of certain transition costs, including those listed in sections 367-376 of the Public Utilities Code. This disallowance includes the section of law that expressly authorizes recovery of employee transition costs caused by electric restructuring, including specific funding for "severance, retraining, early retirement, outplacement and related expenses for the employees." (section 375, AB 1890) In a similar drafting error, while proponents claim their initiative protects funding for environmentally-sensitive alternative energy (wind, solar, etc.), in fact, it does just the opposite. Prop. 9 eliminates the provision in current law (section 367(a), AB 1890) that guarantees continuation of the full-term of these alternative energy contracts. Result in years of litigation Prop. 9's nullification of previously sold bonds is an unconstitutional "impairment of contracts," which alone, will result in years of litigation. Similarly, the initiative states that "if any provision of this initiative conflicts directly or indirectly with any other provisions of law.., or any other statute previously enacted by the Legislature, it is the intent of the voters (through the initiative) that those other provisions shall be null and void to the extent that they are inconsistent with this initiative and are hereby repealed." Because Prop. 9 is, in fact, inconsistent with many provisions of current law, as noted above, numerous lawsuits will, out of necessity, be filed and the measure will be tied up in the courts for years to come. Taxpayers will lose, electricity consumers will lose, California schools and other programs will lose---and only the lawyers will win. California's competitive market will be derailed and any opportunity for lower electric rates diminished. Vote NO on Proposition 9 CALl FORNIA M u N ICI PAL ASSOCiATiON June 26, 1998 1'>25 EIGHTH STREET, SUITE 440 ,, SACRAMENTO, CALIFORNIA 95814 (~16) 441-1733 · FAX 441-4053 · www. crnua.org JE~L'Y JOtIDAN. E..zccudvc Director OFFICERS JAN .~l'JO ltl Sac~memo Municipa! Ulilily A~ONY L P~ [a~cm Mun;c;~l ~t~ Ois~iCI iON STA.q?d Burbank: AZu~ ~ Ce,~,set LUClNA ^nahum Alan S. Zarcmberg California Chamber of Commerce P O Box 1736 Sacramento CA 95812-1736 THE ELECTRIC I~ESTRUCTURIN'G INITIATIVE Dear Alan: BOARD OF GOVERNORS r~gw&llO ~ a,(~.IIAWAN ,.. ,,~ RILL O. ~RNAH~ P~UL D. Tud~k I~rigazio~ D~cI S. ~VIO L~ O~ C~~ I thought you might be interested in knowing that the Board of Governors of the California Municipal Utilities Association has voted to oppose the initiative sponsored by Toward Utility Rate Normalization (TURN). AB 1890 was the product of intense negotiations with various stakeholder groups. CMUA supported the legislation primarily because it maintained the ability of local elected officials to determine how they would participate in the new mm'kct structure. .o A great dea/of money has already been spent to implement AB 1890. Thc new Independent Transmission System Operator (ISO) recently issued $305 million in Tax exempt bonds to finance thc starmp costs. The state issued $6 billion in bonds to fmxnce the residential rate reductions of investor owned utility customers. We arc quite concerned with thc impact thc h~itiative could have on thc municipal bond market were it to pass because it attempts to invalidate the $6 billion bond issue oft he state. With so much money and effort spent to .date on the restructuring effort wc believe it would he very b~cl public policy to negate all of those efforts with an initiative, two years after the transition has started and only about three years from its completion A~ orRaniz3don (or d*m promc~c~ of municil~Uy c~,t,c,d u(;lltie~. C.,~.U.A memt'-,e~ prc~de u~li['y sc~icc to rno~c ~1~n 70% of Ibc p,~ple or' California CHAIR ~I~I~ THOMPSON SENATE MAURICE K. JOHANNESSEN PATRICK JOHNSTON TIM LESLIE JACK O'CONNELL RICHARD G. POLANCO JOHN VASCONCELLOS CATHIE WRIGHT Joint Legislative Budget Committee VICE CHAIR DENISE MORENO DUCHENY GOVERNMENT CODE SECTIONS 9140-9143 CALIFORNIA LEGISLATURE LEGISLATWE ANALYST ELIZABETH G. HILL ASSEhIBLY TONY CARDENA$ JIM CUNNEEN FRED KEELEY CAROLE MIGDEN GARY G. MILLER CHARLES S. POOCHIGIAN RODERICK WRIGHT 925 L STREET. SUITE 1000 SACRAMENTO, CALIFORNIA 95814 (916) 445-4656 Hon. Daniel E. Lungren Attorney General 1300 1 Street, 17th Floor Sacramento, California 95814 Attention: Ms. Michelle Olsen January 26, 1998 INITIATIVE COORDINATOR ATTORNEY GENERAL'S OFFICE Dear Attomey General Lungren: Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative entitled "The Utility Rate Reduction and Reform Act" (File No. SA 97 R1x 0064, Amend- ment No. l-S). The measure modifies certain aspects of recent legislation that altered the manner in which the electricity industry is regulated in California. In general, the mea- sure would modify the Public Utilities Code related to (1) reduction of residential and small commercial electricity rates and (2) assets that investor-owned utilities (IOUs) can recover through charges to electric utility customers. As Section 9005 directs, our re- view addresses the potential effects of the measure on state and local government reve- nues and costs. Background In 1996 the Legislature enacted Chapter 854, Statutes of 1996 (AB 1890, Brulte), pro- viding for a restructuring of the electricity industry in California. (Chapter 275, Statutes of 1997 [SB 477, Peace] modified some of the provisions of Chapter 854.) These mea- sures are aimed at creating a more competitive electricity market. Hon. Daniel E. Lungren 2 January 26, 1998 The major provisions that would be affected by this initiative include the following: Required Rate Reductions. The restructuring calls for no less that a 10 percent reduction of rates in effect on June 10, 1996 for residential and small commercial customers. This rate reduction is in effect through 2002. The Legislature also expressed intent that a cumulative rate reduction of 20 percent be achieved by April 7[, 2002 for these customers. Transition Cost Recovery. Restructuring also allows electric corporations to recover their "transition" costs. These are defined as electricity generation-re- lated assets'and obligations approved by the California Public Utilities Commis- sion (PUC) and being collected in PUC-approved rates on December 20, 1995 that may become uneconomical in a competitive generation market (also referred to as "stranded" costs). Transition costs must be approved by the PUC and are to be recovered from charges to each customer beginning January 1, 1998 and continu- ing until the earlier of March 2002 or whenever the transition costs are fully re- covered. There are some exceptions to this time linemsuch as the incremental cost incentive plans for the San Onofre nuclear generating station that can con- tinue until December 31, 2003, and agreements with "qualifying" facilities (such as cogeneration facilities) that will continue until the agreements terminate. Bonds. The restructuring legislation also called for the issuance of "rate reduc- tion'' bonds (with a limit of n'o'more than $10 billion in outstanding bonds at any time) by the California Infrastructure and Economic Development Bank or a special purpose trust authorized by the bank. The bonds can be issued if the PUC finds that issuance of the bonds in cormedtion with some or all of the transition amounts would reduce rates of residential and small commercial customers. The bonds would be paid off through assessments charged to-the residential and small commercial customers. The legislation also stipulates that (1) thebonds are not to be an obligation of the state or any political subdivision of the state and (2) the state will not limit or alter the provisions relating to transition charges and the bond arrangements. Proposal This measure would modify the provisions of current law discussed above in the following manner: Hon. Daniel E. Lungren January 26, 1998 Required Rate Reduction. The measure would require at least a 20 percent reduc- tion in the rates in effect on June 10, 1996 for residential and small commercial customers. The rate reduction would begin January 1,1999 and there is no time limit on the reduction. Transition Cost Recovery. The measure would eliminate costs for nuclear gener- ation plants (other than reasonable decommissioning costs) and all associated costs from recoverable transition costs. In addition, for non-nuclear generation costs (other than qualifying facilities) the electric corporations would be required to demonstrate to the PUC that these costs could v.ot be.recovered in the compet- itive market (with a fair rate of return) before they could be recovered from cus- tomers. · Bonds. The measure would not allow electric corporations to pass on the costs to repay rate reduction bonds through charges to any customer. The measure would also subject certain PUC decisions relating to electric restructur- ing and financing of transition costs to the courts of appeal rather than directly to the California Supreme Court. Fiscal Effect If allowed to operate as its provisions dictate, the measure could result in major impacts on state and local government revenues and costs. The initiative, however, raises serious legal issues that would most likely have to be litigated in the courts. For. example, the measure's prohibition on cost recovery of nuclear-related assets could be challenged as precluding a fair rate of return on property, iI,n such a case, most of the fiscal impacts discussed below would not occur.) With regard to estimates on the measure's fiscal impact, a key assumption is the level of stranded assets that would be eliminated by this initiative. This determination will be made by the PUC as knowledge on electricity Prices and operations is gained under the restructured system. In order to estimate the potential impacts, we have as- sumed that stranded costs will approximate the utilities' nuclear-related assets--an amount in excess of $10 billion. State and Local Tax Revenues. With regard to revenues from utilities: The elimination of transition costs collected by utilities would result in a reduc- tion in income which is currently subject to the state bank and corporation tax. '-"i Hon. Daniel E. Lungren 4 January 26, 1998 This would result in reductions in state tax revenues, potentially in the range of $200 million per year for fiscal years 1998-99 through 2001-02. The loss of utility receipts associated with recovery of transition costs Would result in a reduction in local government utility fees in the tens of millions of dollars per year from 1998-99 through 2001-02. ' The measure could also result in a reduction in property tax valuations of nu- clear facilities. The reductions would result in unknown losses in local property taxes, potentially ranging in the low tens of millions of 'dollars-annually. ., With regard to tax receipts from the utilities' customers: The reduction in transition payments would lower energy-related costs of busi- ness customers, leading to higher net incomes that would be subject to state cor- porate and personal income taxes. We estimate that these gains could be in the high tens of millions of dollars per year from 1998-99 through 2001-02. Customers experiencing utility rate reductions would have more discretionary income available for saving or spending on other goods and services. This would result in annual increases of state and local sales tax receipts, potentially in the tens of millions of dollars annually from 1998-99 through 2001-02. Of this total, about three-fourths would go to state government and the remainder would be allocated to local governments. The net impact of these changes on state government revenues would be annual reve- nue reductions, potentially in the range of $100 million per year f. rom 1998-99 through 2001-02. Under Proposition 98, the minimum funding guarantee for K-14 education could decline by about one-half of the amount of annual revenue reductions. The state would also be required to offset any local schoo! distridt losses in property taxes (typi- cally about one-half the total loss) that resulted from downward assessments of nuclear · facilities. The net impact on local governments would be revenue reductions, potentially in the tens of millions of dollars annually from 1998-99 through 2001-02. Bonds. A total of $7 billion in bonds have already been sold (through the State Trea- surer) by a special trust under the authorization of the Infrastructure and Development Bank for the three major IOUs in California. Apparently, there are serious legal ques- tions whether the initiative's provisions would apply to these bonds. This is because the Hon. Daniel E. Lungren January 26, 1998 measure could inter, fere with a contractual arrangement already entered into with the bondholders. (The state and federal constitutions prohibit impairments of contracts.) If, however, the initiative's provisions were found to be legal, several scenarios are possi- ble. Under certain situations, a court could find that the state faces debt service liability related to bonds already sold. Utility Cost Savings. The state and local governments would realize a savings asso- ciated with lower utility rates resulting from elimination of the transition costs related to nuclear generation plants. The savings.could be in the tens of millions of dollars an- nually. State Administrative Costs. The measure could result in additional workload for the PUC and the courts. This would involve activities such as hearings regarding rate reductions and related fair rate of return, and could also require additional legal costs associated with cases before the courts of appeals. These costs would probably be less than $5 million annually. Sincerely, ITEM NO. 6'f DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT TO PRICE STRIPING SERVICE FOR STREET STRIPING 1998, SPECIFICATION NO. 98-10 IN THE AMOUNT OF $11,093.88 SUMMARY: The City distributed specifications to ten builder's exchanges and five contractors for the annual street striping contract. The City publicly advertised this project on July 28, 1998 and August 4, 1998 in the Ukiah Daily Journal. Four sealed proposals were received and opened by the City Clerk on August 11, 1998. The lowest responsive, responsible bidder is Price Striping Service of Crescent City, California with a total bid of $11,093.88. The Engineer's Estimate for the project is $12,287.36. Price Striping Service has completed contract striping for the City from 1986 through 1994. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. Continued on Page 2 RECOMMENDED ACTION: Award the contract for Street Striping 1998, Specification No. 98- 10, to Price Striping Service in the amount of $11,093.88. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract should be awarded to another bidder and provide direction to staff. 2. Determine street striping for public safety of City maintained streets is not necessary and reject all bids. Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Engi0eer Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Candace Horsley, City Manager "T- Rick Kennedy, Director of Public Works/City Engineer 1. Bid Tabulation 2. Bid Proposal from Price Striping Service 3. Fiscal Year 1998/1999 Budget Sheet Attachments: ,JS:AGST,,,,.SUM Candace Horsley, C~y Manager Page 2 August 19, 1998 Award of Contract to Price Striping Service for Street Striping 1998, Specification No. 98-10 in the Amount of $11,093.88 As with construction projects there may be cost overruns by reason of unforseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change exceeds the amount budgeted for the project. The difference between the budget amount of $14,000 and the bid total of $11,093.88 will be sufficient to cover any cost overruns beyond the bid total amount. ~TTFtf_.HNE~T **_1_ BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. ,,, ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT (in words and in figures) FOR ITEM (in figures) Broken Whit"e 4" Painted Traffic stripe.for the ~ price Per linear foot of ..... 1 2,625 LF (~ ,~ ) ~ /~~ ,,, Broken Yellow 4" Painted Traffic Strip~ for}~e price per linear foot of 2 86,754 LF , Solid White 4" Painted Tra~c Strip, for t~e price per linear foot of 3 1,048 LF Solid Yellow 4" Painted Traffic Strip.for the price per linear foot of 4 12,505 LF Solid White 8" Painted T[a~c' Str~e fo7 the price per linear foot of 5 3,213 LF Double Yellow ~ainted ~raffic Stye f~ the price per linear foot of 6 27,129 LF (~_ Two Way Left Turn Lane (yellow) Painted Traffic Stripe for the price per)i~ear foot o~. 7 700 E;~ ($ , ) Bike Lane 4" white Painted Traffic SLripe for the price per linear foot of... [,'~( 8 30,975 LF ., Bike Lane 6" White Painte~ Traffic Stripff for the price per linear foot of ~,' 9 41,759 LF ..... , D,, , 3-¢ OTAL~ A O NT ====> ,,, Spec. No. 98-10 26 STRIPING.98 We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of t~,~/~J'TZ ~' .., 19 Licensed in accordance with an ~)ct providing for the registration of California Contractors License No. z.('¢/,~(??. , expiration date THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: ! Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. STRIPING.98 27 Spec. No. 98-10 *zP.Z FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. STREET STRIPING 1998 Business Mailing Address: Business Location' (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Spec. No. 98-10 28 STRIPING.98 7__. P, WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this Sig~~/~of B id~,/~ Address: ~ //-,~-r/7 - ~, , STRIPING.98 29 Spec. No. 98-10 '":Z 6,4 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she..,~as not, participated in a previous contract or subcontract subject to either the e.g..al opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she~._.~has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date ~'~/'"' ~ ? (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Spec. No. 98-10 30 STRIPING.98 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. STRIPING.98 31 Spec. No. 98-10 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. Spec. No. 98-10 32 STRIPING.98 SIGNATURE{S) OF BIDDER (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. ,, IX Licensed in accordance with an act providing for the registration of Contractors: License No. Z.//~/~ ~ o~. ,License Expiration Date ..,~-?//-,,zg~.~ Signature(s) of Bidder: Place of residence: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: /~,S~) /~'-/~'/ ,/'//'~////~F '~/ Dated: ~""-~ ' STRIPING.98 33 Spec. No. 98-10 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we IHere inset! lull name and address or legal t,tle al Co~tractor) Doug Wakefield, dba: Price Striping Service,1680 Elk Valley Rd. Crescent City, CA as Principal, hereinafter called the Principal, and ~[,L~ Mtltllc~ Tl~~'e C~y (Here insert lull name and addrest or (egll I,de ol Surety) De~ F, oines, Icrea a corporation duly organized under lhe laws of the State of Ic:~a as Surety, hereinafter called the Surety, are held and firmly bound unto City of Ukiah, 300 Seminary Ave, Ukiah, CA ' IHe,e ,n~rl lull n,me ,nd ~dd,est ot ~,l,l I,,le ol O--.,r) 95482-5400 as Obligee, hereinafter called the Obligee, in the sum of ten percent of bid Dollars ($ 10% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Str. iping 1998 specification No. 98-10 IHere ~,se,t r., n,me. ,,:rd,e,, ,nd de$¢r,p.on ot otoic~:l! NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and Ihe Principal shall enter into · Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety tot the laithful performance of such Contract and fog the prompt payment ot labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal lo enter such Conltact and give such bond or bonds, if the Principal shall pay to Ihe Oblisee the difference' not to exceed ine penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good loath contract with another party to perform the Work covered by said bid, then Ibis obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7th ' fWiZne~s) daw of August 19 98 Al,& D~CUMENT A.110 · $1O BOND ' AIA ~ * FEBRUARY 1970 ED , THE AMERIC,&N IHSTtTUT~ OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006  Prat, It'd Orr Rc~.'uclt'd I'~p~ 9,'93 *:K TOTGL PAGE.02 ** Power of Attorney KNOW AI.L MEN BY 'I'llESE PRESENTS ]'hat ,\LLIED *'lutual Insurance Company, a corporation organized under lhe laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called "Company", does hereby make, constitute and appoint GEORGEYAMOR RlClIARDC. JACOB ROBERTA F. I1OLT CRESCENT CITY CA each in his individual capacity, its true and la~vful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding sum of FIVE IIUNDREB THOUSAND AND NO/100 DOLLARS (S 500,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instrumenm were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is marie and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CON'['RACTS "Section 7.4 Instruments Issued by the Corporation. Bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and insurance endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President er a Vice President or by the Attorney(s)-In-Fact appointed by the President or by a Vice President." "Section 7.5 Appointment of A~ents. The President or a Vice President shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-in-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and endorsements, with full power to bind the Corporation by their signature and execution of any such instrument. The appointment of such Attorney(s)-in-Fact shall be accomplished by Powers of Attorney signed by the President or the Vice President." This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by tim Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.0 Verifications . The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the Corporation and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, to which the Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President." "Section 7.7 Use of Corporate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the Corporation by the President or a Vice President, or Attorney(s)-ln-Fact appointed by the President or a Vice President, or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary, as hereinabove in Sections 7.4, 7.5, and 7.6 provided, that the corporate seal be affixed to any such instrument, but the person authorized to sign such instrument may affix the corporate seal. A facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 7.8 Other Facsimile Sienatures. A facsimile signature of the President or of a Vice President affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President or a Vice President, as herein in Sections 7.4 and 7.5 provided, or a facsimile signature of the Secretary 'or of an Assistant Secretary to any certificate as herein in Section 7.6 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section 7.9 Former Officers. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any insurance pollcy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Sections 7.1,7.2, 7.4, 7.5, and 7.6 provided." IN XVITNESS WI IEREOF, the Company has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 31 day of ,&~LY , 1996 ~,,.::',..~,'~.~ ALLIED MUTUAL INSU~NCE COMPANY ~.., ~SE~:;~ STATE OF IO%VA ~ ~ · .. Y ~ By: ~~ ~v Vice President COUNTY OF POLK ss Onthis 31 dayof JULY ,1996 , before me personally came Brett Ilarman, tomeknown, who, being by me duly sworn, did depose and say that he is Vice President of ALLIED Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he has signed his name thereto pursuant to like authority, and ackno,vledged the same to be the act and deed of said corporation.~ ~~ ~/-~ ~~ [ ~7~ [~T~~;o~P~E~ Patricia M. Vermace " ' Notary Public in and for the State bf Io~ a CERTIFICATE I, the undersigned, Secretary of Al. LIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Sections 7.4 through 7.9 inclusive of Article 7 of the By-Laws of the Company set forth in said Power of Attorney are still in force. INTESTlMONYXVl-lEREOF, lhavesubscribedmynamennda~xedtl,esealofthe~pany~.~ '.2~,.y:;': .;e~et~' this 7th day of August , 19 98 .~. ~_ 07508 This Power of Attorney exp,rcs CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On ~. '7'Dat.?~/e~ before mo, personally appeared - N~me-and ~tle of Offic6r (~.g., 'Jane Doe~ Nota~ Public") ~ ~ ~ame(s) of Signer(s) personally known to me proved to me on the basis of satisfacto~ evidence DEL ~ COUNTY MY Comm. Expires JUL 2.19~, to be the person(~ whose name(e) is/aze-subscribed to the within instrument and acknowledged to me that he/she/8~y executed the same in his/her/t-heir-authorized capacity(ies), and that by his/her/thclr signature(s) on the instrument the person(s-), or the entity upon behalf of which the person(s-)- acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Pub~r OPTIONAL Though the information be/ow is not required by/aw, it may prove va/uab/e to persons re/ying on the document and cou/d prevent fraudu/ent remova/ and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: /~. 7, lq?? Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Sig ne r's Name: ¢~ ~{~/~_/~_ '~ Individual [] Corporate Officer Title(s): [] Partner--L0 Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: II]~[~l~;I Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing' Top of thumb here © 1996 National Notary Association · 8236 Returner Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior, to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing STREET STRIPING 1998 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Signatu,~(s) of Bidder Business Address: /~/'/z¢) ~"//~ Place of Residence: NOTARIZATION Subscribed and sworn to before me this day of /~/J,~( '¢~. , 19 ~'¢. Notary Public in and for the County of My Commission Expires ,¥'(..U~L/1/" ,_~, , 19~'?. , State of California. STRIPING.98 35 Spec. No. 98-10 ¢, 12_ LIJ 0 I-- Z 0 0 0 0 0 ITEM NO. 6g DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD ACQUISITION OF ASPHALT PAVER FOR STREET DEPARTMENT TO NIXON-EGLI EQUIPMENT IN THE AMOUNT OF $39,647.11 SUMMARY: The City Street Department worked with the Purchasing Department to obtain bids for the acquisition of an asphalt paver. A notice requesting bids for the asphalt paver was published in the Ukiah Daily Journal on July 15, 1998 and July 23, 1998. Fourteen companies received requests for quotations. Six companies responded with quotes. Jim Looney, Public Works Supervisor reviewed and evaluated the bids for the asphalt paver. The attached memorandum supports staff's recommendation to award the acquisition of the Lee-Boy 1000B-9 asphalt paver to Nixon-Egli Equipment. continued on page 2 RECOMMENDED ACTION: Award acquisition of asphalt paver for Street Department to Nixon-Egli Equipment in the amount of $39,647.11. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Director of Public Works/City Engi.neer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Jim Looney, Public Works Superintendent 1. Fiscal Year 1998/1999 budget sheet 2. Memorandum from Jim Looney Manager Page 2 Award Acquisition of Asphalt Paver for Street Department to Nixon-Egli Equipment in the Amount of $39,647.11 August 19, 1998 The Iow bid of $39,647.11 is less than the Street Department budget amount of $50,000. Tabulation of Quotes - Asphalt Paver Company Quote Model Amount Quoted Nixon-Eglie Equipment Co. Hayward, CA Western Traction Co. Union City, CA GCS Western Power & Equipment Sacramento, CA Nixon-Eglie Equipment Co. Hayward, CA Great West Equipment San Jose, CA Terry Equipment Inc. Fontana, CA Peterson Tractor Inc. Willits, CA Empire Tractor & Equipment Co. Rohnert Park, CA $32 554.67 $39 229.91 $39 394 $39 647.11 $42 578.25 $46 42O.89 $48 262.50 NO BID Lee-Boy 700T-8'* Lee-Boy 1000T** Neal DM-6000 Lee-Boy 1000B-9 Mauldin 690EB GEHL 1649'* CAT AP-200B ** These three asphalt pavers did not meet the City's specifications. 0 0 0 0 0 ~TTf)~H~E~T ~_ M.E.M.O.R.A.N.D.U.M DATE' August 12, 1998 TO' Rick H. Kennedy, Director of Public Works/City Engineer FROM: Jim Looney, Public Works Supervisor RE: SPECIFICATIONS ON ASPHALT PAVERS I have carefully reviewed the specifications of the various pavers submitted for our asphalt paver purchase. The Iow bidder for a machine meeting the necessary requested specifications was from GCS Westers Power and Equipment for a Neal DM 6000 paver with a bid price of $39,394. I must consider more than the equipment submitted. The long-term technical and service support is of great importance. Mark Protine of GCS has indicated that his company has carried the Neal product line for only six (6) months. Also, he was unable to provide me with a list of owners or locations where one of their machines may be working for reference. Neal has been manufacturing paving equipment for approximately 20 years. Nixon-Egli Equipment Company submitted a bid for a Lee-Boy 1000B-9 Paver has been in production for approximately 20 years. Nixon-Egli has been a dealer for this product for 15 years. Dennis Muse of Nixon-Egli has provided me with a list of 20 customers using this machine in the north Bay area. From the customers I contacted, I received satisfaction with both the equipment and follow-up support. In consideration of the proven long-term track record of the machine and follow-up support, it is my recommendation we accept the Lee-Boy 1000B-9 from Nixon-Egli Equipment Company. JL:kk R: 1 \PW MKENNEDY.3 ITEM NO. 6h DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF SERVICES FROM AMERICAN ASPHALT REPAIR AND RESURFACING CO., INC. 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 American Asphalt Repair and Resurfacing Co., Inc. to complete a slurry seal re-surfacing of the corporation yard and airport shade hangar area. The total project cost of $5,500 was split with $2,500 for the corporation yard slurry seal and $3,000 for the airport hangar slurry seal. 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 En_ai,neer Seanor, Deputy Director of Public Works,~~ Rick Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Fiscal Year 1998/1999 budget sheet - corporation yard 2. Site map of corporation yard 3. Fiscal Year 1998/1999 budget sheet - airport 4. Site map of airport hangar area 5. Proposal from American Asphalt Repair and Resurfacing Co., Inc. APPROVED:"-~~-'~--' ~-O~'~~!~Y~la n age r Candace Horsley, RJS:AGSLCYHN.SUM I-' Z ::3 0 (J {:3 0 0 p 9 0 0 0 ~" 0 0 0 0 0 0 0 ZZG FT : 2?DD FT~ x 5OPT= i I,, ~-5"Z2 FTz ~,1:) F Y x 5eFT 'SE~L )2_.FT x ZZS- F-'IC ..4 Lt4RItY 5E~L 75- FT x Z4¢ FT" 4 b F"F X 5/2FT. = 2.3¢D FTz ¢ L w ¢.F,..'./ 5 a,,q L_ - 4702_ s~. y~ I I ' CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE, UKIAH, CA 95482-5400 CORPORATION YARD & AIRPORT HANGAR SLURRY SEAL CORPORATION YARD QUANTITIES SCALE: DRAWN BY: DATE: REVISED: DRAWING NO. NONE R. SF^NOR APRIL 28, 1998 98-06 . - IIl~ t~ T-FA.C H ~ E IU T ~ Z · '- 0 ~TTt~£H~E~JT ~ C EtJTEP-.L. I N~ / ," // /' //'* //' , MO'T-E ' PR 14 E ~CH ~ TORiVt PP--i]/,'d {~ P__ ~ T~ E- LE C Tl':(~O/q L TI'FF-- EL" ¢LUF-..P,,'/~r/i'L .453 FT-x e~ FT. = 45,4~ FTz =_ _4. ~3z' ~ ' ~H C, LUPE5 ~LU£~.y CEI~L ~EIUEt'tTtt CH,qPF__. HtgkJC,~iZ WHITE 4~l/kJ(_-H TIE-I~WtJ CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE, UKIAH, CA 95482-5400 CORPORATION YARD & AIRPORT HANGAR SLURRY SEAL AIRPORT QUANTITIES SCALE: DRAWN BY: DATE: REVISED: DRAWING NO. NONE R. SE^NOR APRIL 28, 1998 98-06 Z~ FT, FP. oM TILE_ F'pCH ,fir/CHOP-, /q TT~t c H ~ E Id T- ~ q 27601 INDUSTRIAL BLVD,, P.0.BOX 33G7 American Asphalt HAYW/~D, CA g4540~367 Rep3ir & ~e~ud~cJn~ CO., l~O~41~B~g F~ [510] 72~288 P~OPO~ AND CO~RACT FURNISH ALL I. AGOR. MATERIALS, TOOL~ AND E(;~JIPMENT, TI~ANSPO,~TATION. PERMITS AND TAXES NECESSARY TO PE~FOI~M THE ROLLOW1NG WORK A~ F:~R ENCLOSED A17ACHED PLANS AND SPECIRC.~TI©N$. -- Airport Hanger Area amd Corporation Yard City of Ukiah 300 Seminary Avenue Uklah, CA 95482-5400 Attn: Richard Seanor Ph: 707/463-6200 Fx; 707/463-6204 ! $~. FT. [ ..... ITEM UNIT TOTAL i , L/S Slurry Seal Airport Hanger Area $ 3,000.00 L/S Slurry Seal Corporation Yard $ 2,500,00 { . TOTALBID J $ 5,500 t} PA'flVlEN111D ~ MADf A3 F,~LLOW~: ~ ~o I~ ~ ~y ~ ~U~ g~n~ lU~ C~lml ~y flhng. ~ ~ ~k ~im~, gn ~OI g~l~ for ~ ~ ~ I~n~ ~ ~ ~ ~n ~. ~ ~ . · i il - - - ----i i . ITEM NO. 6i DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD ACQUISITION OF 3/4 TON TRUCK CAB AND CHASSIS FOR STREET DEPARTMENT TO BIDDULPH ISUZU IN THE AMOUNT OF $18,913.54 SUMMARY: The City Street Department worked with the Purchasing Department to obtain bids for the acquisition of a 1998 or 1999 3/4 Ton Truck Cab and Chassis. A notice requesting bids was published in the Ukiah Daily Journal on July 30, 1998 and August 6, 1998. Fifteen companies received requests for quotations. Four companies responded with quotes. The vehicle quoted by the Iow bidder, Biddulph Isuzu, meets all of the requirements of the specifications and therefore it is recommended by staff to award acquisition to Biddulph Isuzu. continued on page 2 RECOMMENDED ACTION: Award acquisition of 3/4 Ton Truck Cab and Chassis for Street Department to Biddulph Isuzu in the amount of $18,913.54. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. 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 Page 2 Award Acquisition of 3/4 Ton Truck Cab and Chassis for Street Department to Biddulph Isuzu in the Amount of $18,913.54 August 19, 1998 The lowest, responsible bid of $18,913.54 is less than the Street Maintenance Department budget amount of $20,500. Tabulation of Quotes - 3/4 Ton Truck Cab and Chassis Company Quote Quote Model Amount Amount Biddulph Isuzu Santa Rosa, CA (1999) (1998) $18,913.54 $20,163 Chevrolet Lasher Auto Center Woodland, CA Hansel Ford Santa Rosa, CA $19,087.28 NO BID Dodge Ram Ukiah Ford $19,817.66 NO BID Ford F250 Ukiah, CA $19,701.83 NO BID Ford F250 o z 0 o o v EEE z 0 o o o t_ I- z 0 z I~. 6j ITEM NO. DATE: AUGUST 19. 1998 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION OF MAYOR TO SIGN LETTER OF SUPPORT FOR LEGISLATION REGARDING CITY REPRESENTATION ON LAFCO Currently State statutes prescribe that cities and counties will be equally represented on the Local Agency Formation Commission (LAFCO), except in counties with only one incorporated city. In these nine counties the composition of the five member body is two Board of Supervisors members, one City Council member, and two public members appointed by the Board and Council representatives. This places the city at a disadvantage in both decision making and member appointments. The League of California Cities is sponsoring legislation to make membership on LAFCO consistent throughout the state, regardless of the size of the county. This should insure equal participation by both cities and counties, eliminating the potential for unilateral actions. Staff believes the proposal is appropriate and recommends City Council support. RECOMMENDED ACTION: Authorize Mayor to Sign Letter of Support for Legislation Regarding City Representation on LAFCO ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine legislation is not to be supported and take no action. 2. Determine letter is to be modified, identify changes, and authorize signature of revised letter. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City of Crescent City Michael F. Harris, Risk Manager/Budget Officer ~g,..~_.~~...,.._ Candace Horsley, City Manager 1. Letter of support to our State legislators, pages 1-2. 2. Information received from Crescent City regarding proposed legislation, pages 3-5. Candace Horsley, Cit~Manager mfh:asrcc98 0819LAFCO af ll iah 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · August 20, 1998 Senator Mike Thompson/ Assemblywoman Virginia Strom-Martin State Capitol Sacramento, CA 95814 Dear Honorable Senator Thompson/ Assemblywoman Virginia Strom-Martin The League of California Cities is proposing legislation to amend Government Code Section 56330 making the composition of Local Agency Formation Commissions (LAFCO) consistent statewide. Currently state statutes are different for single city counties, in which only one city representative sits on LAFCO. The proposal is require all LAFCOs to have two Board of Supervisors members, two City Councilmembers, and one public member appointed by the city and county representatives. This is a significant effort to eliminate the inequities found in the nine small counties where this situation occurs. The present imbalance in membership may result in cities having an adequate voice in LAFCO decisions or the appointment of public members. The City of Ukiah wishes to express its support for the proposed legislation (attached) and encourage your positive position toward rectifying this inconsistency. If you have any questions or we can provide any additional information please don't hesitate to contact Candace Horsley, our City Manager, at (707) 463-6213. Sincerely, Sheridan Malone Mayor attachment mfh:letter98 0820LAFCO '~(/e Are Here To Serve" 8-13-1998 9:36AM FROM CITYOFCRESCENTCITY 7DT &6S 44DS P. 3 Section 56330 of the Government C~de is. Amended to read: 58330. If there is only one city in the county., the commission shall consist of five members, selected as follows: (a) Two representing the county, appointed by the board of s~pervisor~ from their own membership. The board of supervisors shall appoint a third supervisor who is an alternate member of the commission. The alternate member may ~crvc and vote in place of any supervisor on the coramission who is absent or who disqualifies himself or herself from participating in a meeting of the commission. If the office of the regular county, member becomes vacant, the allerzlate memver may serve and vote in place of the former regular county member until the appointment and qualification of a regular c(,,mty member to fill the vacancy. ,cb) On: Two representing the city, who is are a city ~ officers., appointed by the legislative body of the city. The Ie~slative body of the city shall also designate one alternate member who shall serve and vote in the absence or disqualification of the re__o-ular appointed city representative. If the office of the regular city member becomes vacant, the alternate city member may serve and vote in pIace oft. he former regular city member until the appointment and qualification o:,."' a regular ciD, member to fill thc vacancy. ~K (c) Two One representing the general public appointed by the other ~ four members of the commission. {'el'} Not-,vithstanding anx o_ther provision of this cha~ter or law. o_n_or after !anua_~_l, J.999,_upon the appointment bv a ciw_...of a sccond city representative to the commissior~ the term_s_of_the_p..ub.!i¢ members shall immediately t.e..rmi .hate,.. FollowinR the_appo_'_m_tment pfthe second city representative to the commission, the two county ~d rwo_ei~ re~)resen!a, fiyes s.h,a!lj0intl~v aDDoint the one_p_ubJi_e_ member: ,. a, '2 "9_-D~3 D:.~BA'.' --RC'd C iTYOFCRESCENTCITY 707 A6S zl~llD~ P. 2 League of California Cities Proposed Amendment To Be Inserted Into Appropriate Legislation In 1998 Session City Representation On LAFCO's in Single-City Counties Problem: City officials in single-city couz~ties contend that cities are not fairly represented on their Local Agency Formation Commissions (LAFCO's). Ail other LA.FCO's in the state have balanced representation: two representatives from thc county, two representatives from cities within the county, and a public member appointed by the four. In single-city counties, however, that balance is tipped in favor of the counties: two reprcscntativcs from thc county, one from the city, and two public members appoint~l by the three. Officials from single cities argue that th/s arrangement is not fair, and can result in the city represemative not getting an adequate voice in either the appointments of thc public members or thc d~cisions of the LAFCO. , Solution: Correct the imbalance in LAPCO representation by giving two appointments to the civ. This will result in balanced LAFCO represemation that is identical to all other non-single city counties in the state. .M~fected Cities/Counties: Angels (Calaveras County.), Crescent City (Del None County.), Bishop (Inyo Count), Susamille (Lassen County), Almms (Modoc Count'y), Mammoth Lakes (Mono County.), Portola (Plumas County), Loyalton (Sierra County), Sonora (Tuolurane Count)'). _Contact: .__ Daniel Carrigg, Legislative Representative, League of California Odes (916)658.8222 8-13-1998 9:36A~.4 FROM CITYQFCRESCENTCZTY Section 56330 of the Government Code is. Amended to remd: 56330. If there is only one city in the county, the commission shall consist of' five members, selected as follows: (a) Two representing the county, appointed by the board of s;apervisors from their own membership. The board of supervisors shall appoint a third supervisor who is an ~lternate member of the eomznisslon. The ~crrtat¢ member may ~cr~c and vote in place of any su~rvisor on the commission who is absent or who disqualifies himself' or herself from participating in a meeting o£the commission. If the office of'the regular county, member becomes vacant, the alternate rnemoer may serve and vote in place of the former regular county member until the appointment and qualification of :,. re_eular c,,mty member to fill the vacancy. .rb) ~ Two representing the city, who i~ are a city ~cer ~ appointed by the legislative body of the city. The Ie~slative body of the city shall also designate one alternate member who shall serve and vote in the absence or disqualification of thc re__~ular appointed city representative. If the office of' the regular city member becomes vacant, the ~lternate city member may serve and vote in place of the former regular city member until the appointment and quali~cadon o:~ a regular city member to fill thc vacancy. ~ (c) Two .,One representing the general public appointed by the other ~ four members of the commission, (d) Notwiths.tanding any o_ther provision of this chapter cr law. on_or aft. er.~anu_ar~.___l., j.999, upon the a!~pointment by a clrv.of a second city representative to the commission. the te_rm._s_o~ the_p_u~lic members_shall immediately t.e_.rminate.. Followin~ the_appo_'_m__.tm_ e. nt ~fthe second city representative to the commission, the t~vo county, a~_d two ci~ re_~. rese~_tatiyes shal.l.jointl_v a_~oint the one_p.~bJi_c, member: .. 8-13-1998 9:36A~.t FROM CITYOFCRESCENTCITY 707 A6B &405 p.& Honorable State Capitol Building The City of would like to take this opportunity to support the enclosed legislation amending the provisions of Government Code Section 56330, to provide for more equal representation of cities on LAFCo commissions in counties were there is only one city. The current arrangement can and does result in the city representative to the commission being unable to receive adequate voice in the appointment of the public members or the decisions of the LAFCo. The proposed amendment will correct the current imbalance in LAFCo representation and provide the same balance of representation enjoyed by all other non-single city counties in the state. We urge your support of the proposed amendment to Government Code 56330. Please feel free to contact me at if you have any questions or coments. Sincerely Yours, Mayor AGENDA SUMARY ITEM NO. 8a DATE: August 19, 1998 REPORT SUBJECT: APPROVAL OF AN EXCEPTION TO THE CITY SUBDIVISION REGULATIONS TO ALLOW A SUBSTANDARD ACCESS ROADWAY WIDTH AS PART OF A TWO-LOT MINOR SUBDIVISION MAP. SUMMARY: The owner of a 12,000 square foot parcel in the R-1 (Single Family Residential) Zoning District is proposing to divide the property into two 6,000 square foot lots. The applicant is requesting an "Exception" to the access width requirements to allow the width of the required private roadway accessing the new vacant lot to be reduced from 20 feet to a minimum of 16 feet. The property is located at 617 Holden Street, which is situated in a well-established single family residential neighborhood containing a number of small lots and narrow driveways. The City Subdivision Ordinance (Section 8320-8323) requires the Planning Commission to formulate a recommendation to the City Council on proposed "Exceptions" to the subdivision regulations. If the City Council ultimately approves the "Exception," the City Engineer will then conduct a subsequent public hearing and act on the proposed two-lot Minor Subdivision Map. If the Council does not approve the "Exception", the City Engineer cannot act on the map unless it is revised to provide a conforming access roadway width. (continued on page 2) RECOMMENDATION: 1) Conduct a public hearing; 2) Approve the Negative Declaration; and 3) Approve the originally proposed "Exception" to the Subdivision Ordinance. ALTERNATIVE COUNCIL POLICY OPTION: 1)Approve a modified/alternative "Exception" or 2) Deny any "Exception" to the roadway access width requirements. Citizen Advised: Publicly noticed pursuant to the requirements of the Ukiah Municipal Code. Requested by: Les Anderson; Dan Anderson; and Glen Anderson Prepared by: Dave Lohse, Associate Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and Charley Stump, Senior Planner Attachments: . 2. 3. 4. , Negative Declaration/Initial Study Planning Commission Staff Report, dated June 24, 1998 Planning Commission minutes, dated June 24, 1998 Petition in Opposition to Project (submitted to Planning Commission on June 14, 1998) Illustration of proposed "Exception." Illustration of alternative "Exception." APPROVED: - Ca-nda~e Horsle~ City Manager STAFF ANALYSIS: The proposed reduced access roadway would be located on the western portion of the site, directly abutting the property line and two feet from the west wall of the existing residence (please refer to Attachment No. 5). Staff identified the following issues associated with the proposed reduced access roadway: Safety: The reduced width of the private access roadway would obviously be more restrictive than a standard roadway of 20 feet since it would require two-way traffic to use individual lanes of approximately 8 feet instead of 10 feet. In fact, the City Engineer has noted that the potential for minor collisions could increase with the proposed reduction in lane width. However, the City Engineer also indicated that there is no evidence that the likelihood of traffic collisions would be substantially higher, and determined that the narrower lane width of 8 feet is still considered adequate for private roadways that serve only one lot since the volume of traffic to and from a single family residence does not typically exceed 10 vehicle trips per day. Additionally, the Ukiah Fire Marshal has informed Planning staff that the 16-foot width would be sufficient to provide emergency access, but only if the entire length of this driveway is maintained free of parked vehicles and other obstructions. A condition of approval is recommended to satisfy this concern of the Fire Department. Veqetation: The construction of the proposed roadway along the western property line would require the removal of 7 mature trees that provide shade for the existing residence and other areas of the subject property. Normally, Planning staff would encourage an applicant to preserve such trees, but their location in the middle of the proposed roadway does not make retention feasible. However, staff does not consider the tree removal to be significant since the lot is heavily planted in comparison to most residential lots in town, and at least five other trees would be retained in locations that provide continued shading and screening for the existing residence. Traffic and Parking: Approval of the proposed "Exception" and ultimately the Minor Subdivision Map would create one new single family residential building site. Based on this potential development, staff used standard traffic calculations to determine that an additional residential unit would create approximately 10 vehicle trips per day from the property. This increase in the average daily traffic volume is considered too minor to be a detrimental impact on area traffic, including the Holden Street/Dora Street intersection. This determination is based on the traffic volume estimates in the Initial Study and on field observations that confirmed Iow to moderate traffic volumes. PLANNING COMMISSION HEARING: On May 27, 1998, the City of Ukiah Planning Commission conducted a public hearing and discussed the proposed "Exception" request. After considerable neighborhood testimony in opposition to the request, the Commission made modifications to the Negative Declaration/Initial Study by adding mitigation measures calling for an 8-foot access roadway width and the planting of shrubs to eliminate adverse impacts related to plant life, noise, light and glare, energy, and aesthetics. Staff disagrees that the proposed reduced access width would cause any significant environmental impacts associated with these categories, and is recommending adoption of the original Negative Declaration. The Planning Commission then expressed concerns with the size of the parcel; the removal of existing trees in the path of the proposed access driveway; and safety and nuisance impacts caused by the proximity of the driveway to the existing single family residence on the site. Surprisingly, a motion was then made to approve the project as submitted. The Commission then voted 5-0 against the motion, including no votes by the Commissioners who made and seconded the motion. No motion was made to deny the project after the failure of the initial motion, and the Planning Commission directed Planning staff to take the project forward with no formal recommendation to the City Council. ALTERNATIVE EXCEPTION: Subsequent to the Planning Commission meeting, the applicant submitted a modified design for the proposed roadway in response to specific concerns and recommendations made by the Commission. This design, which is illustrated in attachment No. 6, proposes a 10-foot wide private roadway along the western property line, leaving eight feet between the roadway and the existing residence and allowing the existing trees along the west side of the residence to be preserved. However, this reduced width is not adequate to provide two-way vehicular use, and it would necessitate the construction of additional on-site parking for the existing residence. This new parking area, as depicted on attachment No. 6 would be nine feet wide and require the removal of four existing trees. CONCLUSIONS: The owners of a 12,000 square foot parcel are proposing to divide the property into two 6,000 square foot single family residential parcels. The City Engineer has the authority to act on the proposal, but cannot do so until the City Council determines whether or not an associated request for an "Exception" to the access width requirements is appropriate or not. The Planning Commission conducted a public hearing and received substantial testimony opposing the request for an "Exception" from neighboring property owners. Concern was expressed regarding safety, tree removal, and potential nuisance impacts. At the conclusion of the discussion, the Planning Commission voted 5-0 to not support a motion to recommend approval of the request. Surprisingly, no further motion was offered by Commissioners, and therefore the request for the "Exception" comes before the City Council without a formal recommendation from the Planning Commission. Planning, Engineering, and Public Safety staff have reviewed the proposed request, as well as the applicant's alternative "Exception" developed after the Planning Commission hearing, and have concluded that the original request would not create an unsafe driveway access, nor would it cause adverse environmental impacts or significant nuisance level impacts on the surrounding neighborhood. Therefore staff is recommending approval of the requested "Exception" as proposed. FINDINGS: The Planning Department's recommendation for the approval of"Exception" No. 98- 14 is based, in part, on the following findings: . The development of the private access roadway with a width of 16 feet, as conditioned, would not cause adverse safety impacts since it would serve only one lot and would provide individual traffic lanes of 8 feet, which the City Engineer has deemed as adequate and safe for ingress and egress for an additional single family residence; , The development of the private access roadway with a width of 16 feet would not cause adverse impacts to vegetation since approximately half of the existing trees on the site would be retained and there is sufficient area left on the site for the planting of additional trees; . The lot dimensions of the existing lot preclude the division of the parcel without access to the Holden Street frontage or other public street and the location of the existing residential structure precludes development of an access roadway with the standard width of 20 feet; o The development of the proposed access roadway is required to divide the existing parcel since access is required by the Municipal Code; o The development and use of the private access roadway with a width of 16 feet would not, as conditioned, cause significant impacts that would not be reduced to levels of insignificance by the adoption of the mitigation measures required in the Initial Study/Negative Declaration prepared for the project in accordance with the California Environmental Quality Act. These measures pertain to fire safety, whereby access to the site in the event of a fire emergency will be assured (see conditions of approval 1 & 2 below); and , The development and use of the private access roadway with a width of 16 feet will not, as conditioned, materially affect the health, safety, comfort or general welfare of persons residing or working in the neighborhood, or be detrimental to property or improvements on or around the site, or be harmful to the general welfare of the City since the roadway would provide safe access to users of proposed Lot B, would not require the removal of all the mature trees on the site, and is consistent with the existing single family residential development permitted on the site and the adjoining neighborhood. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of "Exception" #98-14, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: An address for any residential unit(s) constructed on the southern portion of the project site (proposed Lot B) shall be posted prior to the issuance of an occupancy permit for the structure. , The access roadway shall be posted as a "NO PARKING" area in accordance with Fire Department requirements for fire access lanes and shall be maintained free of vehicles and other obstructions. CITY OF UKIAH PLANNING DEPARTMENT NEGATIVE DECLARATION DATE: APPLICANT: PROJECT NO.: LOCATION: May 28, 1998 Mr. Les Anderson Minor Subdivision Map/Exception No. 98-14: Anderson 617 Holden Street, City of Ukiah DESCRIPTION OF PROPOSAL/ENVIRONMENTAL SETTING: The project consists of an Exception to allow the development of an access road that would be 16 feet wide, or 4 feet less than the minimum required width, and a Minor Subdivision Map to allow the division of the 12,000 square foot property into two parcels measuring 6,000 square feet each. This property is located in the R-1 (Single Family Residential) Zoning District. The project site consists of a 12,000 square foot parcel that is 60 feet wide and 200 feet long, on average. This parcel has been developed with a one-story single family residential building that is located on the northern half of the site, approximately 25 feet from the Hoiden Street right-of-way and 18 feet from the western property line. The topography of the site is generally fiat; vegetation includes 12 mature trees, including 7 trees that would require removal to accommodate the proposed driveway access. ENVIRONMENTAL ANALYSIS: Potential adverse environmental impacts entailing potential interference with an emergency response plan have been identified by staff in this initial study, but measures to mitigate these impacts to levels that are not significant are included as part of the analysis. FINDINGS SUPPORTING A NEGATIVE DECLARATION: , , . Based upon the analysis, findings and conclusions contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project will not have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This doc. ument may be revieW, ,,at t~he City of Ukiah Planning Department, Ukiah Civic ~~~ve -~, ~;a,., California. ~./~~i, ~~n~er/Environmental Coordinator I. BACKGROUND INFORMATION 11 2, e Si , am Name of Project Proponent: Les Anderson Address of Project Proponent: 9131 West Road Redwood Valley, CA 95470 Name of Project: Minor Subdivision Map/Exception No. 98-14: Anderson Project Location: 617 Holden Street; on the south side of Holden Street Assessor's Parcel Number(s): ~002-228-05) Date of Initial Study Preparation:. May 28-29, 1998 Name of Lead Agency: Ci~ of Ukiah Planning Department Address and Phone Number of Lead Agency: ('707} 463-6207 300 Seminary Avenue, Ukiah, CA 9548? Project Description: The proposed project consists of a Minor Subdivision Map to allow the division of an existing parcel of record into .two parcels of 6,000 square feet each, and an Exception to allow thc minimum width of the proposed public access easement to one of thc ;)ro;)osed parcels to be reduced from 20 feet to 16 feet. Person(s) Responsible for Pr~e. paHng Initial Study: Dave Lohs , Ab,~~o~te Planner LOCATION MAP FOR Minor Subdivision Map #98-14 617 Holden Street {Assessor Parcel No. 001-291-05) crrY OF UKL~ CMC CENTER I I I I I I I 0 500 1000 1500 2000 2500 3000 FT. SCALE: 1 inch = 500 feet I I I I I I I I I E N VI R O N M E "TAL CHE CKLiS T · ~:..,, WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts ENVIRONMENTAL EFFECTS: u=~ Apparent Mitigation 1. EARTH I SOILS: a. Unstable earth conditions or changes [~ [~ [~ [~ [~ in geologic structures. b. Disruptions, Displacements, r..~~ co~,=,o,, o, ove=v.~n= o,,o,,. ~_ ~ ~ ~ c. Change in topography or ground [~ d. The destruction, covering, or ~ modification of any unique geologic or ~~ ~ I~ ~ physical features. e. Any increase in wind or water erosion~ [~ ~ I~1 I~l of soils, e~ther on or off the site. ~ f. Changes in deposition or erosion of deposition, or erosion that my modify the channel of a river, stream, inlet, or bay? g. Exposure of people or property to r-~ earthquakes. 4 ,, WILL THE PROJECT RESULT No Not S~gnmc. nt Significant Cumulsttve IN THE FOLLOWING S~onmc. nt Unless No Impact~ ENVIRONMENTAL EFFECTS: Mitig~ Applrlnt Mitigation 2. WATER: ,. Changes in the currents, or the course of water movements, in either fresh or marine waters. b. Changes in the absorption rates, drainage patterns, or the rate =,nd amount of surface runoff. c. Alterations ,o the course or flow of flood waters or ground waters. d. Change in the amount of surface water in any water body or any discharge into surface water. e. Any degradation or alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity. f' flowAIterati°n of the direction or rate O,o, ground water. [~ [~ [~1 [~ I~l g. Change in the quant~ of ground water, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. '. Substantial reduction in the amount of water otherwise available for public water supplies. j. Exposure of people or property to water related hazards such as flooding or tsunamis. ,,.... WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unles~ No Impacts ENVIRONMENTAL EFFECTS: Mitio,t.d Apparent Mitigation , 3. PLANT LIFE: a. Change in the diversity of species, or including trees, shrubs, grass, crops, and aquatic plants. b. Reduction of the numbers of any of plants. C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species. d. Reduction in acreage of any 4. ANIMAL LIFE: a. Change in the divers~ of species, or number of any species of animals ~11 including birds, land animals, reptiles, fish, insects, and bethnic organisms. unique, rare, or endangered species of animals. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals' d. Deterioration of existing fish or wildlife habitat. 6 WILL THE PROJECT RESULT No Not Significant Signmcant Cumulative IN THE FOLLOWING Significant Unless No Impacts ENVIRONMENTAL EFFECTS: Mitig,t~ Apparent Mitigation 5. NOISE: a. Increase in existing noise levels. b. Exposure of people to severe noise levels. 6. LIGHT AND GLARE: a. Production of new light and glare. b. Reduction of solar exposure or / adverse ,mpa ct, to ex is ting solar collection facilities. ,, 7. LAND USE: a. Substantial alteration of the present or planned land use of a given area. 8. NATURAL RESOURCES: a. Increase in the rate of use of any I~1 natural resources. 7 WILL THE PROJECT RESULT NO Not Significant Significant Cumulative IN THE FOLLOWING Significant Uneeda No Impa3 ENVIRONMENTAL EFFECTS: M~Ug.t.d Apparent Mitigation 9. RISK OF UPSET: a. A risk of an explosion or the release of hazardous substances, (including oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. b. Possible interference with an emergency response plan or evacuation plan. 10. POPULATION: a. Alterations in the location, distribution, density, or growth rate of human populations. 11. HOUSING: a. Will the proposal effect existing housing or create a demand for new housing? 8 i WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts ENVIRONMENTAL EFFECTS: Mitigated Apparent Mitigation 12. TRANSPORTATION: " vehicularGenerati°nmovement?°f substantial additional b. Effects on existing parking facilities, or demand for new parking facilities? transportation systems? d. Alterations to present patterns of and/or goods? " traffic?Aiterati°ns to waterborne, rail, or air vehicles, bicyclists or pedestrians? g. Degradation of the level of service unacceptable level? _// WILL THE PROJECT RESULT NO Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impactl ENVIRONMENTAL EFFECTS: Miti~d Apparent Mitigation 13. PUBLIC SERVICES: a. Will the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 1. Fire protection? I~ I~ i~ [;;;;]1 I~ 2. Police protection? I~ I~ !~ I~ !~ 4. Parks & recreation facilities? 0 I~ !~ !~ I~ 6' Other governrnental services? i~ [~ I~ !~ ~ 14. ENERGY: a. Use of substantial amounts of fuel or [~ [~ [~ [~ [~ energy? b. Substantial increase in demand upon-- !~' !~ 0 ~ existing sources of energy, or require ~ the development of new energy sources? 10 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING S~gnmcant Unless No Impacts ENVIRONMENTAL EFFECTS' M=gat~ Apparent · Mitigation 15. UTILITIES: a. VVill the project result in a need for new systems or substantial alterations to the following: 2. Sewerage? [~ [~' [~ [~ [~ 3. Transmission lines? [~ E~ [~ [~ [~ 16. HUMAN HEALTH: a. Creation of any health hazard or l~l [~ [~1 ~1 [~ potential health h~ard? b. Exposure of people to any existing / ¶?. AESTHETICS: a. Obstruction of any scenic vista or-- [~' ~ ~ ~ view open to the public, or create an F-~ aesthetically offensive site open to public view? 11 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unlesa No Impacts ENVIRONMENTAL EFFECTS' Mitigat~ Apparent Mitigation 18. RECREATION: existing recreational opportunities? 19. CULTURAL RESOURCES: a. Alt,ration or destruction of a [~' [~ [~ [~ [~ prehistoric or historic archaeological site? to a prehistoric or historic building or structure? c. Cause a physical change that would [~ [~ [~ [~ [~ effect the unique ethnic cultural values? 20. AIR: a. Violation of any State or Federal air [~ [~ [~ [~ [~ quality standard. c. Alteration of air movement, moisture,-- [~ [~ [~ [~ or temperature, or any change in ~ climate, either locally or regionally? , 12 · o EARTH: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. According to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. The project site is underlain by a variety of "urban" soil types, which consist of naturally occurring soils that have been mixed with fill deposits. The site contains no known unique geologic or physical features, or areas of instable soils. a. Impacts: The division of the project site into two parcels would have no direct impacts to earthen materials on the site since it would not require that further development be permitted on the site. The division of the lot would, however, allow the development of an additional single family residence on the southern half of the property, which has not been developed. Such development would require minor grading, compaction and overcovering of soils for an access driveway, parking area and the building foundation, and could cause minor erosion of soils by wind and/or water. However, it is not anticipated that these impacts would be significant since the required setbacks and other restrictions would effectively limit such activities to less than 60 percent of the lot area. In addition, Planning staff noted no unique geologic structures, topography, or soil formations on the subject property. b. Mitigation: None required. m WATER: The project site is developed with a single family residence and vegetation. The site is relatively fiat and contains no substantial drainage patterns or watercourses. The site is located in Flood Zone C, according to the Flood Insurance Rate Map (Community Panel No. 060186-0001E) prepared for the area by the Federal Emergency Management Agency. This zone designates that the site is not within either a 100-year or 500-year flood event, and is, therefore not susceptible to regular flood events. 13 I e a. Impacts: The northern half of the project site is developed with a 1,200 square foot single family residence, but the remaining areas of the property have not been developed. The approval of the proposed lot division and exception would allow the southern half of the site to be developed with an additional residential unit and a paved access drive that could require the overcovering of approximately 4,100 square feet of on-site soils. This increase in soil coverage would bring the total site coverage to approximately 53 percent of the lot area, which would result in a lower water absorption rate and an increased surface runoff of approximately 0.18 cubic feet per second during "worst-case" rainfall occurrences of two inches per hour. This increase in surface drainage is also consistent with lot coverage ratios in other areas of the City that are zoned for single family residential uses, and the site is located in an area of the City that has sufficient storm drainage capacity to handle the additional runoff. b. Mitigation: None required. PLANT LIFE: Resources maintained by the City Planning Department reveal no known tree or plant species within the project area that are included in Federal or State listings as rare, threatened or endangered. The project site does, however, contain mature trees. a. Impacts: The project site contains twelve mature trees, including seven trees that are located to the west of the existing structure, within the proposed access easement that would be required to provide ingress and egress to the lot proposed for the southern half of the site. These trees, which include Fir and Walnut trees, would definitely require removal to accommodate the paved access drive, and no trees have been proposed to replace them. The loss of any of these trees would reduce the shading of the lot and adversely impact the aesthetic qualities of the site, but neither of these impacts would be considered to be significant from an environmental standpoint since the other mature trees on the site would be retained and there would be wide setback areas that could be used for planting other vegetation. In addition, these trees are located in a densely developed urban area and have no significant value as habitat for animal life. Therefore, the Planning Department does not recommend any specific mitigation measures for the preservation or replacement of these trees. b. Mitiaation: None required. e ANIMAL LIFE: The project site contains limited animal habitat and no rare, threatened or endangered animal species, according to the Natural Diversity Data Base prepared by the California Department of Fish and Game. 14 a. Impacts: The project site contains twelve mature trees that provide a limited amount of habitat for birds, small mammals and other animal life in the area. Project applicants have indicated that only five of these trees will be preserved, but Planning staff has determined that no significant impacts to animal life would occur if the other trees are removed since these trees are located nearest to the existing residence and are not particularly valuable for animal habitation. Therefore, staff does not recommend any specific animal life mitigation measures be adopted. b. Mitigation: None required. NOISE: The proposed land division and exception would allow future development of the site with one additional residential unit. a. Imf)acts: The potential development of the site with an additional residence would contribute incrementally to increases in both incidental noise occurrences and the ambient noise level for the single family neighborhood. However, there is no evidence that this development would cause a substantial increase in any noise levels at the site, and it is anticipated that any noise increases would be absorbed by existing ambient noise levels. b. Mitiqation: None required. Se LIGHT AND GLARE: The proposed land division and exception would allow an additional residential unit to be constructed on the project site, which could result in additional light and glare. a. Impacts: The eventual development of an additional residential unit on the project site could cause additional light and glare from windows. However, there is no evidence that the light and glare from such a residence would be significant, or would adversely impact residents of abutting properties. Therefore, Planning staff does not recommend that any measures to mitigate light and glare be included as part of this study. b. Mitigation: None required. 1 LAND USE: The project site is located in an urban area that is zoned for single family residential uses and has been developed with a variety of single family residences. 15 / -/7 am a. Impacts: The development of an additional residential unit on the site would be a more intense use of the site than the existing residential structure on the site, but this increased use would be still be consistent with the General Plan land use classification for the site, which is LDR (Low Density Residential), and with the majority of the use and development standards for the R-1 (Single Family Residential) Zoning District. The approval of the proposed minor division is contingent on the approval of an exception to allow a decrease in the required width of the public access easement required since one of the proposed lots would have no public street frontage. This inconsistency with required development standards is not considered to be a major deviation from acceptable land uses since the project site contains sufficient area to accommodate more than one parcel. Therefore, no mitigation measures would be required. b. Mitiaation: None required. NATURAL RESOURCES: The division of the project site would not require the use of any natural resources, but the eventual development and use of an additional residential unit on the site would require the use of building materials (i.e. wood, earth materials, etc.) and energy resources (i.e. natural gas). a. Impacts: The development and use of an additional residential structure on the site would require that natural resources be used during construction and for heating, cooling and lighting. However, it is likely that this development and use would utilize building materials (i.e. cement, woods and metals) that are readily available in the Ukiah Valley area or nearby locations, and there is no evidence that a structure that could be developed on a parcel of the size proposed would use significant amounts of such natural resources. b. Mitigation: None required. Bo RISK OF UPSET: The proposed land division and exception would allow an additional residential unit to be developed on the south half of the site, with an access driveway that would be approximately sixteen feet in width instead of the twenty-foot width normally required. a. Impacts: There is no substantial evidence that an additional residential unit on the site would contain significant amounts of hazardous substances or be susceptible to the risk of explosions. 16 The proposed exception would permit the development of a sixteen-foot wide driveway along the western property line of the site instead of the twenty-foot access normally required. According to the Ukiah Fire Marshal, this narrower driveway would be sufficient for emergency vehicle access so long as it is not obstructed by parked vehicles or other impediments, and an address is posted at the entrance to the access drive for any residential units on the southern half of the site. Failure to comply with these requirements could cause significant impacts to the Fire Department's ability to respond to emergencies on the southern portion of the property. Therefore, Planning staff recommends that the Fire Department's requirements be included in the mitigation measures below. b. Mitigation: The Planning Department recommends that the following measure be required to ensure that the proposed driveway access is properly posted and is maintained free of parked vehicles or other obstructions. , An address for any residential unit(s) constructed on the southern portion of the project site shall be posted prior to the issuance of an occupancy permit for the structure. , The access driveway shall be posted as a "NO PARKING" area in accordance with Fire Department requirements for fire access lanes and shall be maintained free of vehicles and other obstructions. 10. POPULATION: The current population for the City of Ukiah is approximately 15,020 persons, with an annual projected growth rate that is less than two percent (2.0%) per year. a. Impacts: It is estimated that the division of the project site to accommodate the development of an additional residential unit would not cause any significant increases in the Ukiah area population since the construction of a single unit is not considered to be growth-inducing. b. Mitigation: None required. 11. HOUSING: The land division and exception have been proposed to allow the future development of one additional single family residence on the site. a. Impacts: The construction of an additional single family residence on the project site would be an infill development, and would contribute to housing stocks in an area of the City where the supply of such housing is limited. 17 It is not anticipated that the development of an additional unit on this site would create a demand for new housing since this unit would bring the site to the maximum residential density of one unit for each 6,000 square feet of area. b. Mitigation: None required. 12. TRANSPORTATION: The proposed division and exception would allow the development of an additional single family residential unit on the site, and it is anticipated that the development of this unit would increase traffic from the site by approximately ten vehicle trips per day. There are no traffic counts for Holden Street, the public street that borders the project site. Planning staff has noted, however, that the street provides access to fourteen single family units, a six-unit apartment building and an undeveloped lot that is zoned for Neighborhood Commercial land uses. Based on these mixed land uses, staff used standard traffic calculations to estimate that the average daily traffic volume for Holden Street would be between 200-300 vehicle trips per day. This number of vehicle trips is consistent with traffic levels on other residential streets, and field observations conducted by Planning staff found no evidence of congestion or safety problems on this street. a. Impacts: The project site fronts Holden Street, a block-long public street that runs along the north side of the property, and any ingress or egress to a second parcel on the site would have to utilize this street. The projected traffic increase from the development of an additional residence on the project site would be approximately ten vehicle trips, based on the weekday trip generation rate of 9.57 vehicle trip ends per unit included in the 1997 edition of Trip Generation, Volume 1, an analysis of traffic patterns published by the Institute of Traffic Engineers-. This increase is an incremental increase of approximately three to five percent over existing traffic levels, which it is not considered to be a significant increase. Persons did indicate in a public meeting for this project that increased traffic from future development on the site might have negative impacts on the circulation and Holden Street traffic and could affect the safety of drivers and bicyclists., but However, Planning staff can find nothing in the design of this project that would cause it to have more than the ten vehicle trips projected above. Therefore, staff finds that the increase in traffic would be too minor to have significant adverse effects on existing transportation systems, present patterns of circulation, movement of people or goods, or alterations to other modes of travel, and recommends that no mitigation measures be required. 18 The proposed exception would allow the development of a sixteen-foot wide access driveway along the western property line, which would allow the development of a turnaround and parking area that would be wide enough for two additional off-street parking stalls. This design is entirely consistent with the off- street parking requirements of the Ukiah Municipal Code, and staff finds nothing in the project design that would cause additional off-street parking to be required. Therefore, staff finds that no significant parking impacts would be created by this project. b. Mitiaation: None required. 13. PUBLIC SERVICES: The proposed land division/exception has been reviewed by representatives from agencies responsible for providing public services and no substantial impacts to such services were anticipated. a. Impacts: Staff members of the Ukiah Fire Department noted that the future development of an additional residential unit on this site would not require the expansion of existing fire protection services since the site would be accessible to fire trucks and other emergency vehicles. It is also not anticipated that the development of an additional residential unit on the site would cause any substantial increase in population, and its operation would not, therefore, cause any significant adverse impact to existing school services. The closest public park to the project site would be McGarvey Park, but the property is located within one mile of a number of other public parks or recreation areas operated by the City and the Ukiah Unified School District. Due to the minor nature of potential future development, it is not anticipated that the construction and occupation of an additional residential unit would cause substantial or significant adverse impacts to these facilities. No land dedications or payment of "in-lieu" park development fees are required since the proposed land division entail the creation of five or fewer lots. The project site is located on private property and no impacts to public facilities or other governmental services are anticipated as a result of its development. b. Mitigation: None required. 19 · . 14. ENERGY: The division of the subject property would not require the use of additional electricity and natural gas supplies, but it would allow the development of another residential structure on the site that could increase the use of these resources. a. Impacts: The construction and occupation of an additional single family residence would require the increased use of electricity and natural gas stocks. The exact amounts of these energy resources is not known and may be expected to fluctuate, but staff of the City Utilities Department has indicated that available energy resources can accommodate the highest needs of such a structure and do not anticipate additional sources of energy or transmission would be required. No comments were received from Pacific Gas and Electric staff, but there are gas lines in the Holden Street right-of-way that could serve the rear portion of the subject property if it developed. There is no evidence that such service would require major improvements to existing facilities or cause significant impacts to the levels of service for gas customers in the area. b. Mitiaation: None required. 15. UTILITIES: The division of the subject property would have no impacts on existing utilities, but the development of an additional residence would require connections to and expansion of existing electrical utility systems and water and sewer main connections. a. Impacts: The City Electrical Department has indicated that any additional residential units on the site would require a minor expansion of the existing electrical transmission systems located on the project site, but these changes would not result in significant adverse impacts to existing facilities on the site or on other properties. Staff of the Water and Sewer Division reviewed project plans and noted that an additional residential unit could be served by existing sewer and water mains located along Holden Street, and anticipated no significant impacts to these service facilities or to abutting properties if such a structure were eventually built. b. Mitigation: None required. 20 16. HUMAN HEALTH: The proposed division of the property would not cause any health hazards, but the development of another residential unit on the site could create hazardous conditions if not constructed properly. However, such a unit would be located in what is generally a clean and healthful environment and would not create any known significant hazards. a. Impacts: The project site is located in an area of the City of Ukiah that is generally recognized as a clean and healthy environment, and there are no known hazards to human health on the subject property. Therefore, there is no substantial evidence that the development of an additional unit on this site would cause any substantial or significant safety impacts resulting from the increase numbers of persons using the site. b. Mitiaation: None required. 17. AESTHETICS: The division of the site would not cause any direct impacts to the aesthetic characteristics of the subject property or surrounding neighborhood, but the development of an additional residential unit would change these characteristics since the southern portion of the site is vacant. a. Impacts: The construction of an additional residential unit on the site would alter the aesthetic characteristics of the subject property and the surrounding neighborhood since it would have to be constructed on the southern half of the site, which is currently vacant. However, the significance of these impacts is highly subjective and there is no evidence to indicate that a residence in this area would create an offensive site open to the public. A structure could alter existing views, but zoning standards for setbacks and building heights should preclude any significant impacts to existing views of the neighborhood. b. Mitigation: None required. 18. RECREATION: The project site is located near a variety of existing recreational facilities, including McGarvey Park and school playgrounds. b. Mitigation: The division of the subject property would not create direct impacts to existing recreational facilities, but it would allow an additional single family unit to be developed that could contribute incrementally to such impacts. However, there is no evidence that these impacts would be significant, particularly since only one additional residential unit could be developed. No park land dedications or payment of "in-lieu" parking fees are required for this project since the proposed land division would create fewer than five lots. 21 19. CULTURAL RESOURCES: The project site is located in the west side residential area of Ukiah that contains many older buildings, but the existing building is not included on any local, State or Federal lists that identify sites with known historical, cultural or archaeological values. a. Impacts: There are no known historical, cultural or archeological resources on the project site, so the division and eventual development of an additional structure on the site would not cause any significant impacts to such resources. b. Mitiaation: None required. 20. AIR: Potential impacts to air quality at a project site are measured by the concentrations of a pollutant in the atmosphere above the site, which are largely dependent on the volumes of pollutant emitted and the atmosphere's ability to dilute the pollutant. The proposed lot division and exception would provide an opportunity for the development of an additional residential unit in the Ukiah Valley air basin, where air quality has generally been in compliance with the "attainment" levels required for all air-borne pollutants by the federal and state air quality standards. According to information received from the Mendocino County Air Quality Management District, the only known exceptions to air quality attainment consist of isolated and limited occurrences of non-attainment for small particulate matter (PM-10). a. Impacts: The division of the subject site would provide the opportunity for the development of an additional residential unit on the project site, which could cause minor impacts to air quality if standard grading and soil coverage policies are not adhered to during construction. It is not anticipated that these impacts would be significant, and violations of standard air quality protection requirements during the construction of such a building would be grounds for revocation of building permits or other required permits. No long-term impacts to air quality should result from vehicle emissions since the construction of an additional residential unit would not increase the number of vehicle trips in the area by more than 10 vehicle trips. b. Mitigation: None required. 22 21. MANDATORY FINDINGS OF SIGNIFICANCE: A, Potential to Degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES [~ NO Bm Short Term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future). YES [~ NO Ce Cumulative: Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant). YES [~ NO 23 Bi Substantial Adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES [~ NO 22. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described within the initial study have will be incorporated into the design of the project or required by the City of Ukiah. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. Charles Stump Print Name Senior Planner / Environmental Coordinator Title Date 24 CITY OF UKIAH PLANNING REPORT "*"~i~ENDA ITEM: ,, 6a ~'u~, 24, ;1998 DATE: , DATE: June 17, 1998 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Exception No. 98-14 APPLICANT: Mr. Les Anderson PROJECT SUMMARY: The proposed project consists of an Exception to allow a private access roadway for a proposed parcel on the southern portion of the subject property to be developed with a maximum width of 16 feet instead of the required 20-foot width. The proposed parcel would be created by the approval of a concurrent application for a Minor Subdivision Map to allow the division of the 12,000 square foot parcel into two lots with 6,000 square feet of area each, but this action would not occur until the City Council has acted on the proposed Exception. The Ukiah Municipal Code requires that the Planning Commission review Exception applications and make a recommendation to the City Council for action on the Negative Declaration and Exception, only. The Code also authorizes the City Engineer to act on the proposed Minor Subdivision Map once the Council has determined whether the Exception should be allowed. Therefore, the Planning Commission is advised to restrict their recommendation to actions dealing with the Negative Declaration and Exception. The discretionary action associated with this project is quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove or modify the project. LOCATION: The project site is located at 617 Holden Street, on the south side of Holden, approximately 300 feet west of its intersection with South Dora Street (Assessor Parcel No. 001-291-05). DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend that the City Council APPROVE the Negative Declaration prepared for this project, and APPROVE Exception No. 98-14 on the grounds that the proposed driveway width would provide safe ingress and egress for occupants and visitors to the additional lot proposed as part of the project, and would enhance emergency vehicle access to the southern portion of the site. GENERAL PLAN DESIGNATION: LDR (Low Density Residential) ZONING DISTRICT: R-1 (Single Family Residential) ENVIRONMENTAL DETERMINATION: The Environmental Coordinator has determined that this project is not exempt from the requirements of the California Environmental Quality Act (CEQA), and an Initial Study/Negative Declaration has been prepared for the project. This study concluded there would be no significant adverse environmental impacts caused by the reduced driveway width or the division of the parcel that would not be reduced to levels of insignificance by the adoption of the mitigation measures proposed in the Initial Study. PROJECT DESCRIPTION: The project site consists of a single 12,000 square foot parcel that is 60 feet wide and between 198 to 204 feet long. This lot has been developed with a single family residence that is located on the northern half of the project site. The subject property also contains eleven mature trees, including 7 trees that are located between the existing residence and the western property line. The proposed Minor Division would allow the division of the property into two parcels with 6,000 square feet each. The northern parcel, which is shown as Lot A on the site plan, would be approximately 50 feet wide by 120 feet long. The existing residence would be located on this parcel, with a front yard setback of 25 feet and a rear yard setback of 57 feet. The side yard setback areas would be 9 feet on the east side of the lot and 8 feet on the west side. Proposed Lot B would be located on the southern portion of the site, which is vacant. The bulk of this lot would be 60 feet wide and between 78 and 82 feet long, with an area of approximately 4,800 square feet. The remaining area of the lot would consist of a 10- foot wide area that would extend approximately 120 feet to the Holden Street frontage. Six feet of the proposed 16-foot wide driveway would be constructed over an access easement on proposed Lot A. Ingress and egress for Lot B would be via the private driveway that would extend 16 feet from the western property line, leaving a two-foot wide space between the edge of the pavement and the eaves of the existing residence. This driveway would be located over the proposed boundary between Lot A and the proposed extension on Lot B, and would extend to the northern property line for Lot B to provide access. Project site plans show that the applicant also intends to extend the driveway to a parking and turnaround area on Lot B. STAFF ANALYSIS: Planning staff's analysis includes the preparation of an Initial Study that determined the only potential adverse impact created by the project would be possible interference with an emergency plan. The Ukiah Fire Marshal has informed Planning staff that the 16-foot width would be sufficient to provide emergency access to proposed Lot B, but only if the entire length of this driveway is maintained free of parked vehicles and other obstructions. Failure to maintain the access free of obstructions would be a significant impact to emergency response on this site since structures could be built on the south portion of the lot that would be too far for Fire Department hoses to reach from Holden Street. Therefore, Planning staff recommends that the emergency response mitigation measures contained in the Initial Study be required as Conditions 14 and 15 for this project. Planning staff also analyzed the proposed driveway's consistency with subdivision and development standards contained in the Municipal Code and noted that the proposed width of 16 feet is too narrow to be consistent with the requirements outlined in Subdivision Ordinance Section 8305(A). This section requires that the traveled way of a private roadway be a minimum of 20 feet, with specific requirements for road surfaces, conforming grade and utility structures, maintenance agreements and the posting of a sign denoting the roadway is located on private property. The applicant has been apprised of these requirements and does not wish to deviate from any standards other than the requirement for a driveway width of 20 feet. Planning staff considered several potential impacts that could be caused by the narrower width of the driveway proposed as part of this project, including potential effects on safety, existing vegetation and area-wide traffic and parking. Specific impacts are discussed below: Safety: As noted above, the potential interference to emergency response that the narrower roadway width could cause would be minor if recommended Conditions 14 and 15 are required as part of the approval for this project. Failure to comply with the posting and maintenance requirements of these conditions could lead to citation by the Ukiah Fire Marshal. The reduced width of the private access roadway would obviously be more restrictive than a standard roadway of 20 feet since it would require two-way traffic to use individual lanes of approximately 8 feet instead of 10 feet. In fact, the City Engineer has noted that the potential for minor collisions could increase with the proposed reduction in lane width. However, the City Engineer also indicated that there is no evidence that the likelihood of traffic collisions would be substantially higher, and determined that the narrower lane width of 8 feet is still considered adequate for private roadways that serve only one lot since the volume of traffic to and from a single family residence does not typically exceed 10 vehicle trips per day. In addition, the relatively short length of the driveway (120-140 feet) does not encourage the high vehicles speeds that typically contribute to vehicle collisions, and the proposed turnaround areas would allow vehicles to pass each other without backing in or out of the roadway. Furthermore, the proposed driveway would replace an existing dirt driveway, making it more obvious to pedestrians and vehicle users passing by the site. Veeetation: The construction of the proposed roadway along the western property line would require the removal of 7 mature trees that provide shade for the existing residence and other areas of the subject property. Normally, Planning staff would encourage an applicant to preserve such trees, but their location in the middle of the proposed roadway does not make retention feasible if the division and subsequent development of proposed Lot B is permitted. Staff also noted that at least five other mature trees would be retained on the site, including trees that would provide shade for the existing structure. Staff further notes that there is sufficient area on the site to plant other trees that would be even more · , . effective in providing shade for existing and future structures, although it is the opinion of staff that the removal of the trees is not a substantial enough impact to require tree replacement as part of this project. Traffic and Parking: Planning staff noted that the approval of the proposed Exception and Minor Subdivision Map would create a parcel large enough to be developed with one additional primary residence. Based on this potential development, staff used standard traffic calculations to determine that an additional residential unit would create approximately 10 vehicle trips per day from the property. This increase in the average daily traffic volume is considered too minor to be a detrimental impact on area traffic, including the Holden Street/Dora Street intersection, based on the traffic volume estimates in the Initial Study and on field observations that confirmed Iow to moderate traffic volumes. The development of an additional residential unit would also require that two additional off-site parking spaces be constructed on proposed Lot B. Planning staff notes that there is sufficient space on the proposed lot to develop this parking area, and such spaces would be required if a building permit to develop an additional residence is submitted. A review of parking stalls will be conducted by staff from the Planning and Fire Departments once a building permit is submitted for the development of a residence on Lot B to ensure that parked vehicles do not block access. CONCLUSIONS: The Planning Department concludes that the proposed reduction in the width of the private access roadway would cause impacts to site safety, existing vegetation and traffic volumes in the project area. However, staff has determined that the potential safety impacts would be adequately mitigated by the requirement for the posting of addresses for residential development on the site and the posting of the private roadway as a "NO PARKING" area. Staff further concludes that impacts to existing vegetation were minor since other mature trees would be retained and the site contains sufficient area to permit the voluntary planting of additional trees. Staffs conclusion on traffic impacts is that there is no evidence that traffic from potential development on the southern portion of the site would be greater than the 10 vehicle trips per day typically generated by single family residences, and that such an increase would not cause substantial impacts to local roads or intersections since the project generates a minor increase to existing traffic volumes that are generally free-flowing. FINDINGS' The Planning Department's recommendation for the approval of Exception No. 98-14 is based, in part, on the following findings: . The development of the private access roadway with a width of 16 feet, as conditioned, would not cause adverse safety impacts since it would serve only one lot and would provide individual traffic lanes of 8 feet, which the City Engineer has deemed as adequate and safe for ingress and egress for an additional single family residence; 2, The development of the private access roadway with a width of 16 feet would not cause adverse impacts to vegetation since approximately half of the existing trees on the site would be retained and there is sufficient area left on the site for the planting of additional trees; , The lot dimensions of the existing lot preclude the division of the parcel without access to the Holden Street frontage or other public street and the location of the existing residential structure precludes development of an access roadway with the standard width of 20 feet; , The development of the proposed access roadway is required to divide the existing parcel since access is required by the Municipal Code; o The development and use of the private access roadway with a width of 16 feet would not, as conditioned, causes significant adverse environmental impacts that would not be reduced to levels of insignificance by the adoption of the mitigation measures required in the Initial Study/Negative Declaration prepared for the project, in accordance with the California Environmental Quality Act; and o The development and use of the private access roadway with a width of 16 feet will not, as conditioned, materially affect the health, safety, comfort or general welfare of persons residing or working in the neighborhood, or be detrimental to property or improvements on or around the site, or be harmful to the general welfare of the City since the roadway would provide safe access to users of proposed Lot B, would not require the removal of all the mature trees on the site and is consistent with the existing single family residential development permitted on the site and the adjoining neighborhood. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Exception #98-14, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid' , An address for any residential unit(s) constructed on the southern portion of the project site (proposed Lot B) shall be posted prior to the issuance of an occupancy permit for the structure. , The access roadway shall be posted as a "NO PARKING" area in accordance with Fire Department requirements for fire access lanes and shall be maintained free of vehicles and other obstructions. ATTACHMENTS: . 2. 3. 4. Location Map Site Plan Negative Declaration for Minor Subdivision Map/Exception No. 98-14 Draft Minutes from City Engineer Hearing on May 27, 1998 5 ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report, respectively: Dave Lohse, A'~"~cia~/Planner _ ~oDert ,.sawyer, i-'la~nn~ng D~rector MS/EX gl-14.p¢ 6 LOCATION MAP MINOR SUBDIVISION MAP/EXCEPTION NO. 98-1~. 617 Holden Street (Assessor Parcel Nos. 001-291-05) CITY OF UKIN-I CIVIC CENTER YOKAYO I I I I I I I 0 $00 1000 1500 2000 2500 3000 FT. SCALE: 1 inch = $00 feet APPROVAL OF MINUTES - MAY 27, 1998 ON A MOTION by Commissioner Puser, seconded by Commissioner Larson, it was carried by the following roll call vote to approve the minutes of May 27, 1998, as submitted. AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Puser, and Correll. None. Commissioner Chiles and Chairman Pruden. None. 4. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS No one from the audience came forward. 5. APPEAL PROCESS Chairman Pruden read the appeal process to the audience. For matters heard at this meeting, the final date for appeal is July 6, 1998. Senior P!anner Stump advised that no appeal process is necessary, as both items will be presented to the City Council, and that the Commission is to make recommendations to the City Council. He asked if the Commission received the lett'er dated June 12, 1998, from the homeowners/residents of Holden Street. Staff distributed copies of the letter to the Commission. . PUBLIC HEARINGS Exception to City Subdivision Regulations, as_provided for in Ukiah Municipal Code Section 8320, to allow a substandard access road width for pr.o..per_t~l located at 617 HoldenStreet(R-1 Zoning District). Applicant: Les Anderson. Associate Planner Lohse reviewed the staff report, noting the proposed project consists of an Exception to allow a private access roadway for a proposed parcel on the southern portion of the subject property to be developed with a maximum width of 16 feet instead of the required 20 foot width. The Code authorizes the City Engineer to act on a Minor Subdivision Map application to allow the division of a 12,000 square foot parcel into two lots of 6,000 square feet. This action would not occur until the City Council has acted on the proposed Exception. The Ukiah Municipal Code requires that the Planning Commission review the Exception application and make a recommendation of action to the City Council on the Negative Declaration and the Exception. The Planning Commission is advised to restrict their recommendations to actions dealing with the Negative Declaration and Exception. The Environmental Coordinator has determined that this project is not exempt from the requirements of the California Environmental Quality Act (CEQA), and an Initial Study/Negative Declaration has been prepared. The subject property contains 11 mature trees, including seven trees that are located between the existing unit and the western property line. MINUTES OF THE CFFY OF UKIAH PLANNING COMMISSION PAGE 2 JUNE 24, 1998 Proposed Lot B, which is vacant, consists of a 10 foot wide area that would extend approximately 120 feet to the Holden Street frontage. Six feet of the proposed 16 foot wide driveway would be constructed over an access easement on proposed Lot A, which has an existing unit. The applicants are considering abandoning it in favor of an access easement and bringing the proposed property line further to the north to get the 6,000 square feet required by the zoning. Ingress and egress would be via the private driveway which would be 16 feet from the western property line, leaving a two foot wide space between the edge of the pavement and the eaves of the existing unit. This driveway would be located over the proposed boundary between Lot A and the proposed extension on Lot B, and would extend to the northern property line for Lot Bto provide access. The applicant also intends to extend the driveway to a parking and turnaround area on Lot B. The preparation of an Initial Study determined the only potential adverse impact created by the project would be possible interference with an emergency plan. The Ukiah Fire Marshal has informed staff that the 16 foot width driveway would be sufficient to provide emergency access to proposed Lot B, only if the entire length of the driveway is maintained free of parked vehicles and other obstructions. Staff also analyzed the proposed driveway's consistency with subdivision and development standards in the Municipal Code and noted that the proposed width of 16 feet is too narrow to be consistent with the requirements outlined in Subdivision Ordinance Section 8305(A). This section requires that the traveled private roadway be a minimum of 20 feet, with specific requirements for road surfaces, conforming to grade and utility structures, maintenance agreements, and the posting of a sign denoting the roadway is located on private property. The reduced width of the private access roadway would be more restrictive than a standard roadway of 20 feet. The City Engineer has noted that the potential for minor collisions could increase with the proposed reduction in lane width. The City Engineer also indicated there is no evidence that traffic collisions would be substantially higher, and determined that two narrow lane widths of 8 feet are still considered adequate for a private roadway that serve two single family residences. The construction of the proposed roadway along the western property line would require the removal of seven mature trees that provide shade for the existing unit. Five other mature trees would be retained on the site, including trees that would provide shade for the existing structure. Staff used standard traffic calculations to determine that an additional residential unit would create approximately 10 vehicle trips per day from the property. This increase in the average daily traffic, including the Holden Street and Dora Street intersection is based on the Initial Study, and on field observations confirmed Iow to moderate traffic volumes. The additional residential unit would require that two additional off- site parking spaces be constructed on Lot B. NIINUTES OF THE CrTY OF UKIAH PLANNING COMMISSION PAGE 3 ~ JUNE 24,1998 Staff concludes that the proposed reduction in the width of the private access roadway would cause impacts to site safety, and existing vegetation and traffic volumes in the project area. The potential safety impacts would be adequately mitigated by the requirements for posting of addresses for residential development on the site. The posting of the private roadway as a "NO PARKING" area is included as a mitigation measure in the Initial Study and Negative Declaration and as Conditions of Approval. Staff is recommending approval of the Negative Declaration and Exception based on the six Findings and subject to the two Conditions of Approval. Commissioner Correll inquired if the format of the planning report for approval of the Negative Declaration and Exception is unusual without an actual plan. Mr. Lohse replied the Initial Study and Negative Declaration are required due to CEQA requirements for divisions that have exceptions or variances. Staff identified the density and development of the project. The Planning Commission is only authorized to review the project and make a recommendation on the Negative Declaration and Exception. Commissioner Puser referenced page I of the letter from the homeowners/residents: the letter states the property is 11,700 square feet, and asked if this is correct. Mr. Lohse replied there is no survey on the square footage of the property. The State Subdivision Map Act and local subdivision ordinance do not require filing of a Tentative Map. The applicant was advised that the final map process will requirea survey map to determine the square footage of the property. If the final map indicates a lesser square footage, the subdivision would not be allowed. However, the applicant is confident the property is 12,000 square feet. Commissioner Chiles inquired about the minimum requirements of a 16 foot wide driveway, the 6 foot easement, and provisions for off-street parking for Lot A. Mr. Lohse replied there would be an overlap of the easement over the two property lines, and a joint access agreement would be required between the two property owners. The applicants are considering abandoning in favor of an access easement and bringing the proposed property line further to the north to get the 6,000 square feet. Lot A is required to provide two off-street parking spaces within the front yard setback or developed off the driveway. Mr. Stump stated Lot A will be required to provide on-site parking, which will be provided in the rear of the existing building. The City Engineer is firm on an access easement of no less than 16 feet. Commissioner Larson asked will maintenance be required. MINUTFS OF THF CITY OF UKIAI-t PLANNING COMMISSION PAGF 4 JUNF 24, 1998 / Mr. Lohse replied in Subdivision Ordinance Section 8305(A) it states, "that the owner of the property shall execute such document(s) as are necessary to render the entire cost of maintenance of the private roadway and all drainage structures located there under legal easement." Commissioner Larson inquired if a minor subdivision can be conditioned, and if the City Engineer's decision is appealed, which body would hear the appeal? Mr. Lohse replied the appeal would be heard by the City Council. The City Engineer limits the number of conditions depending entirely to the division of the property. Commissioner Larson inquired what is the possibility of a second unit on both parcels. Mr. Lohse replied the owners of either parcel can apply for a Use Permit for a second unit. Lot A would be based on the non-buildable area remaining, however, duetothe new setback of Lot B it would be difficult to find an appropriate location. The applicant at this time has no interest in building a second unit. Construction of a second unit would require a discretionary permit requiring approval of the Planning Commission. Chairman Pruden stated in Staff's report under Safety, what are Conditions 14 and 1 5. Mr. Lohse replied Conditions 14 and 15 are Conditions I and 2. Chairman Pruden inquired if the Exception is not granted by the City Council, will the subdivision be allowed. Mr. Lohse replied if the Exception is denied by the City Council, the subdivision map cannot be acted upon. If the City Council approves the Exception the City Engineer can act on the map. PUBLIC HEARING OPENED: 7:28 P.M. Ken Harrington, 615 Holden Street, stated he is opposed to the subdivision of the property due to parking, a 16 foot wide driveway that would be 2 feet from the existing house, and too close to a fence should the neighbor decide to build a fence, are all safety issues. The driveway is too narrow and he does not believe there is sufficient space for a 16 foot wide driveway. Erin Noble, 625 Holden Street, stated he is opposed to the subdivision of the property, in a discussion with the real estate agent, the agent indicated that the lot is too small to be subdivided. He also stated his backyard is adjacent to the rear of the property and enjoys having the trees, wilderness, squirrels, and privacy. He expressed a concern that there are other vacant lots of the same size, and if the subdivision is approved, there will be other property owners wanting to subdivide and build within the neighborhood. He also expressed concerns of safety vehicles being MINUTES OF Tt-IE crrY OF UKIAH PLANNING COMMISSION PAGE 5 ~ JUNE 2,3, 1998 able to enter the property, and on-street parking, which is currently a problem and will increase with the subdivision. Greg Foss, 519 South Spring Street, stated he is opposed to the subdivision of the property, and that the project does not meet minimum code requirements. He expressed concerns that a 16 foot wide driveway two feet from the existing unit is a safety issue, and that the driveway would not be wide enough to allow the passing of two vehicles. There will be increased traffic and parking. He also expressed he is not opposed to the current owner maintaining, adding, or constructing a new unit, if the old existing unit was demolished. Approval of the subdivision will change the density in the neighborhood and create adverse impacts on the west side. Mr. Foss submitted a petition to Chairman Pruden representing residents on Holden Street and residents within 300 feet on South Spring Street opposed to the subdivision. Chairman Pruden stated the petition has nine (9) signatures, inaddi[ion to the letter showing nine (9) signatures, for a total of 18 signatures from residents opposing the subdivision. Dan Anderson, 651 Orr Springs Road, brother of the applicant, stated the existing unit is occupied by Glenn Anderson, son of the applicant. He is also a partner in this project and wants to build a second unit in the back for his family. The exception is fora 16 foot driveway not a roadway. The Planning Department staff and applicant have addressed safety issues. Parking will be located to the rear of the unit, and vehicles will not be backing out from the property onto Holden Street, but exiting the driveway forwards toward Holden Street. It is the desire of the applicant to maintain the history and charm of the west side of the property (Holden Street), and not create a negative impact. Upgrading and installing a paved driveway is not a negative impact, but an improvement to the property and the neighborhood that is somewhat rundown. The goal of the applicant is to improve the area, and create a money making situation. Commissioner Chiles inquired if the applicant has seen the petition, and if the project would be beneficial to the well-being of the community. Mr. Anderson replied the applicant wants to maintain the charm, history, and architectural beauty of the area, by renovating the existing unit, paving the driveway, and building a new unit. Commissioner Chiles inquired regarding the removal of several trees. Mr. Anderson replied there are oak trees located to the rear of the property that will not be removed. The trees that will be removed will not affect the charm and squirrels, and will maintain a wilderness effect. Commissioner Chiles inquired what type of rooms are located near the driveway. Mr. Anderson replied a bedroom and bathroom. MINUTES OF THE CITY OF UKIAH PLAI'INiNG COMMISSION PAGE 6 ,~ JUNE24,1998 Commissioner Larson inquired if the owner lives on the property, and if the construction of a second unit has been considered versus a subdivision. Mr. Anderson replied Glenn Anderson will occupy the new unit, and rent or sell the existing unit. The subdivision will not affect safety issues, values, or the community. William Crowe, 61 2 Holden Street, stated he is opposed to the project. He expressed he has lived in this type of arrangement before and there are safety issues, there will be on-street parking, and the possibility exists that the driveway will be frequently blocked for loading and unloading from vehicles. Glenn Anderson, 617 Holden Street, son of applicant. He stated there are other residences within the neighborhood in need of repair as is his. There are two rentals located across the street with high traffic impact, and three (3) to four (4) vehicles parked on the street at all times. The project allows for ample parking in the back of the unit. He also stated the subdivision will develop over a period of five to six years. He has discussed the project with other neighbors, who are not present, who felt they will not be impacted by the project, and will not be able to see the house. Jim Morgan, 610 Holden Street. stated he is opposed to the project. He expressed a concern to on-street parking, because when the Indian Tribal Health Department and other agencies were in the building located across the street from his residence, on- street parking wasa major problem. A future concern is when the vacant building is leased to another agency the on-street parking will once again become a problem. The project will add another 10 or 20 Vehicles to the neighborhood and will impact on-street parking. The neighborhood is charming and quiet. The project will increase density to the neighborhood. Chairman Pruden inquired if the on-street parking was from the former General Hospital parking lot. Mr. Morgan replied the building was a General Hospital and then the Indian Tribal Health. There are few agencies remaining in the building and on-street parking has not been a problem since the Indian Tribal Health Department relocated their office. Chairman Pruden inquired if the rest home creates any visitor on-street parking problems. Mr. Morgan replied there are a few visitors for the rest home, but the parking has not been a problem. Anna Noble, 625 HoldenStreet, stated she is opposed to the project. She expressed she enjoys the privacy, wilderness, and squirrels in herbackyard. She is opposed to the removal of trees and feels this will create noise, and that the project will create additional on-street parking. MINUTES OF THE CITY OF UKI~H PLANNING COMMISSION PAGE 7 ~ JUNE 24,1998 3-¢ PUBLIC HEARING CLOSED' 7'53 P.M. Commissioner Chiles stated he is concerned about the proximity of the driveway to the rooms of the existing unit, and that vehicle speed on the driveway is not a major factor. He also expressed a concern about the removal of trees, although he has no problem with the removal of the douglas fir since the size of the tree could be a hazard issue. He stated he cannot recommend approval of the project. Commissioner Puser stated she usually supports narrow driveways and adding density to neighborhoods. The Holden Street neighborhood is unique in relation to mature trees, and she feels there is insufficient space for a subdivision. There are many reasons to deny the exception, and very few reasons to approve the exception. Commissioner Correil stated he is opposed to the two feet distance from the existing unit and the driveway. To approve the exception allows for the subdivision of the property and separate ownership. He expressed a concern for the long-term development of the property, and felt it would not be good for the neighborhood. There is the loss of vegetation and trees that impacts the general environment as far as wildlife. Commissioner Larson stated he is opposed to the subdivision of the property. He expressed that a 16 foot driveway is too wide and will encourage drivers to drive faster, and feels that two vehicles from a single family resident do not need to pass on a 100 foot long driveway. A paved driveway is appropriate to the scope and scale of the property and the neighborhood, and other residences in the neighborhood have single lane driveways. There is adequate space in the back for parking for both residents. The property is large enough to support two homes, however, a second unit application would be more appropriate than the subdivision of the property. He also stated he cannot approve the Negative Declaration findings that the loss of over 50% of the trees would not be an impact on the property. Chairman Pruden expressed a concern that individuals living in the front unit will have vehicle headlights 2 feet away from the two front rooms fronting the driveway on a daily basis and, therefore, light and glare would be a major issue. Aesthetics in the neighborhood will be severely affected and are a major issue. She stated there is evidence to deny the exception, and less roasons to approve the exception. The long- term of potential four (4) living units is an issue. She also stated the corner vacant lot is zoned commercial with the possibility of a dentist office being built and additional on-street parking. Commission Chiles stated he would like to see the driveway remain 8 feet to keep the trees, and that the trees and vegetation would reduce the light and glare to the existing unit. Mr. Lohse stated staff reviewed the environmental impacts and potential significant impacts as required by CEQA. M)NUTES OF THE CITY OF UKIAH PLANNING COMMISSION PAGE 8 JUNE 24, 1998 Commissioner Chiles stated that when vehicles exit the driveway they will create light and glare for the neighbors across the street. PUBLIC HEARING REOPENED: 8:13 P.M. Erin Noble, 625 Holden Street, stated there are two bedrooms fronting the driveway of the existing unit. Greg Foss, 519 South Spring Street, stated the 16 foot driveway is an issue, and that the Staff Report is recommending a 16 foot driveway and that it should not be changed to 8 foot. PUBLIC HEARING CLOSED' 8'15 P.M. There were no changes to the following categories listed in the Negative Declaration: Earth and soils; water; animal life; land use; natural land uses; population, housing, and transportation; utilities; human health; recreation; cultural resources; risk and upset; and air. it was the consensus of the Commission to change the following categories from "Not Significant" to "Significant unless Mitigated"' Plant life; noise; light and glare; energy; and aesthetics. The following Mitigation Measures were added to off-set the impacts: Plant Life' 1. "The driveway width shall be reduced to a width of approximately 8 feet to avoid the unnecessary removal of trees." Noise' 2. "Additional shrubs shall be planted between the access driveway and existing residence to attenuate noise. The type and number of shrubs shall be subject to the review and approval of the Planning Director." Light and 3. Glare' "The light and glare impacts will be off-set by Mitigation Measures 1 and 2." Energy: 4. "The energy impacts will be off-set by Mitigation Measures 1 and 2." Aesthetics' 5. "The aesthetic impacts will be off-set by Mitigation Measures 1 and 2." MD~UTES OF THF CITY OF UI(IAH PLANNING COMMISSION PAGE 9 ~ JUNE 24,1998 ON A MOTION by Commissioner Chiles, seconded by Commissioner Puser, it was carried by the following roll call vote to approve Negative Declaration No. 98-14 as amended. AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden. None. None. None. Commissioner Chiles stated the major impact will be on the character of the neighborhood. Commissioner Correll stated to approve the project would change the character of the neighborhood, and introduce long-term development issues. The project was not logical in terms of design. Commissioner Puser stated she opposed the project. Commissioner Larson stated the project should be reconsidered and redesigned to a more appropriate scope and scale of the neighborhood. ON A MOTION by Commissioner Larson, seconded by Commissioner Chiles, it was carried by the following roll call vote to recommend approval of Exception 94-14 as submitted: AYES: NOES: ABSTAIN: ABSENT: None. Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden. None. None. Mr. Stump asked if the Commission wished to make another motion. He stated that an obvious motion was for denial, and that Findings could be made based on the discussion. No further motions were made. Mr. Stump stated the Exception and Negative Declaration is tentatively scheduled for the City Council meeting of July 15, 1998. 6B. Introduction of Ordinance amending regulations contained in the Public Facilities (PF) Zoning District; City-wide application. Applicant: City of Ukiah Planning Department. Mr. Stump stated the proposed zoning code revision project updates the regulations for the City of Ukiah Public Facilities Zoning District. The purpose of revising these regulations is to bring the provisions into conformance with the Ukiah General Plan; to create a more orderly and readable set of regulations; and to make the format consistent with other Zoning Code Articles. MINUTES OF THE CITY OF UKIAH PLANNING COMMISSION PAGE 10 JUNE 24,1998 Homeowners and Residents of Holden Street P.O, Box 1398 Ukiah, CA 95482 June 12, 1998 Charlie Stump, Senior Planner 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Stump: This letter is to present our concems in the matter of the following project: A. Minor Subdivision Map/Exception Application No. 98-14, as filed by Les Anderson, to allow a 12,000 square foot property in the R-1 (Single Family Residential) Zoning Distdct to be divided into two parcels, and an Exception to allow the public access easement required for ingress and egress to the parcel proposed for the southern portion of the site to be reduced from a minimum of 20 feet to 16 feet, on property located at 617 Holden Street, Assessor Parcel No. 001-291-14. We, the undersigned, own houses and live within 500 feet of this proposed project. We wish to make known our desire that the exception that would permit a reduction in the width of the required easement for access to one of the proposed parcels, and the subsequent proposed division of the original parcel, not be granted. The following are our reasons and concerns regarding this matter: 1. According to the Legal Description on file at the Mendocino County Assessor's office (Book: 2465, page 628), and as per Map on file in the office of the Mendocino County Recorder, the lot in question is actually 11,700 square feet, and not the 12,000 square feet required for a property split. Therefore, one of the proposed divided properties would be 6,000 square feet, the other quite a bit less. Any exception to the 20-foot easement/driveway width on this particular property would be unsafe and present a risk to persons and property in this neighborhood on this street. Ao A 16-foot easement/driveway would place the edge of the proposed easement/driveway within 2 feet of the existing house. Therefore, the driver of any vehicle exiting this easement/driveway would have their vision severely impaired by the close-by structure. Furthermore, the edge of this proposed narrow easement/driveway would come within 2 feet of at least 2 existing windows of the house that is already there. Bo There exists a utility pole adjacent and directly to the right of the end of this easement/driveway which would further impair vision and maneuverability to vehicles entering or exiting this easement/driveway. Co The proposed 16-foot narrow easement/driveway coupled with the adjacent utility pole leaves virtually no extra maneuvering space for large emergency vehicles and equipment such as ambulances or fire trucks. D, There are several young children and toddlers who live on this street who frequently use the sidewalk for tricycles, roller skates, etc., to whom a situation such as this presents a real risk and a dangerous situation. . This street that this property is located on is quite narrow with many houses on narrow lots. Traffic is often congested and parking spaces are at a premium. Spaces to park are scarce and often difficult to find empty, even in front of one's own home. There exists a business (Lot #29) with parking that often overflows onto this street. There also exists a board and care home (Lot #22) that has many residents, guests, and visitors that utilize a number of parking spaces at any one time. Most of the residents in the pdvate homes have at least 2 or more personal vehicles that barely have enough parking spaces available. If another residence were to be allowed in the rear of one of these lots (as the proposed project would have it), that resident most probably would not have enough space to park and turn around in a less than 6000 square foot lot, and therefore, would either: have to back out of a ddveway in a dangerous situation; park in the easement/driveway; or further congest the limited parking situation on the public street. There would never again be off-street parking for the original existing house, as their current driveway would become the easement/driveway for the proposed new unit. Because of these safety and environmental factors, we, the undersigned, believe that it would be for the benefit of current and future residents on this street to not allow the exceptions requested in Application No. 988-14. Thank you for your consideration. Sincerely, I ATTACHMENT NO. 5 t/'old~ ,~ 1 i I I ATTACHMENT NO. 6 ITEM NO, DATE: August 19.1998 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE ADOPTING A COST OF LIVING INCREASE FOR CITY COUNCILMEMBER SALARIES There has not been a cost of living increase to the City Council salary rate since 1986, over 11 years. Government Code {}36516 gives the City Council the ability to increase Councilmember salaries by adopting or amending an ordinance to provide a cost of living increase not to exceed an amount equal to five percent for each calendar year from the operative date of the last cost of living adjustment. Any other type of adjustment to the salary that is not a cost of living increase must be presented to the voters at a municipal election. The monthly Councilmember salary of $300 per month has been in effect since 1986. Multiplying five percent per year for the 11-year period equals an additional monthly amount of $165, for a total monthly salary of $465. This salary represents modest compensation for the many hours a Councilmember prepares for and participates in City Council meetings, special meetings, workshops, community meetings, special events, and representation on numerous Committees and Commissions such as LAFCO, MCOG, MTA, and the Mendocino County Inland Water and Power Commission, as well as the hours spent meeting with citizens and performing their liaison roles. The Council has requested this item come before them for review and discussion. If action is taken to proceed with this cost of living adjustment, the attached ordinance will need to be introduced by the Council. Actual cost of living adjustments will not go into effect, however, under Government Code {}36516.5 until new Councilmembers are elected in November and begin their term of office. At that point, all Councilmembers will receive the increase at the same time. RECOMMENDED ACTION: Council introduce by title only Ordinance Amending Ukiah City Code {}62 Establishing the Salaries for Councilmembers ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Return ordinance to staff for further revisions 2. Not adopt ordinance Citizen Advised' N/A Requested by' City Council Prepared by' Candace Horsley, City Manager Attachments: Ordinance for introduction APPROVE~ ~ /.~ ~~,~ Candace H°rsl~y~' 6ity~ Manager 4/Can.^SRCola.98 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE SECTION 62 ESTABLISHING THE SALARIES FOR COUNClLMEMBERS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE - FINDINGS AND DECLARATION The City Council of the City of Ukiah finds and declares that this ordinance is enacted pursuant to government code Section 36516 for the purpose of fixing the salary of the Mayor and councilmembers of the City of Ukiah. SECTION TVVO - AMENDMENTS Section 62 of Article 2, Chapter 2, Division 1 of the Ukiah City Code is hereby amended to read as follows: §62: SALARIES: Mayor and Councilmembers: The Mayor and Councilmembers shall be paid four hundred sixty-five dollars ($465.00) per month. Any amounts authorized and paid on behalf of such officers for retirement, health and welfare, and Federal social security benefits shall not be included for purposes of determining salary under this Section. SECTION THREE - EFFECTIVE DATE This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Salaries of the incumbent Mayor and Councilmembers shall not be affected until a new Councilmember begins a new term of office. Introduced by title only on August 19, 1998, by the following roll call vote: AYES: NOES: ABSENT: Adopted on AYES' NOES: ABSENT: ,1998, by the following roll call vote: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk mfh:resord ccsal Ordinance No. Page I of I ITEM NO, 10a DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF VOTING DELEGATE AND ALTERNATE FOR OCTOBER 2 - 4, 1998 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE It is time for Council to designate a voting representative and an alternate to attend the League of California Cities Annual Business Meeting on Saturday, October 3, 1998, at 1:30 p.m. at the Long Beach Convention Center. Details regarding the date and time for the Business Meeting can be found on the attached letter from the League, along with other pertinent voting procedure information. Staff will be coming back to Council with the actual conference resolutions for discussion at a future meeting. RECOMMENDED ACTION: Council make appointments of voting delegate and alternate by minute order and direct the City Clerk to forward the completed form to the League of California Cities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: League of California Cities Prepared by: Candace Horsley, City Manager Attachments: 1. League of California Cities letter, dated July 17, 1998. Candace Horsley, City M~nager 4/Can:ASRVote.2 Better Cities-A Better Life L aqu of California fiti s 1400 K Street Sacramento. CA 95814 9t6.658.8200 FAX 916.658.8240 v,'wv,-.cacities.org July 17, 1998 To.' From: Re: The Honorable Mayor and City Council Ronald Bates, League President, Mayor, Los Alamitos Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Friday, October 2, through Sunday, October 4, 1998 in Long Beach. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Saturday, October 3, at 1:30 p.m. at the Long Beach Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 18, 1998), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at 916/658-8236. '4 League of California Cities Annual Conference Voting Procedures . o , o , , , Each member city has a fight to cast one vote on matters pertaining to League policy. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. The voting delegate or alternate may pick up the city's voting card at the Annual Conference registration area. Free exchange of the voting card between the voting delegate and alternate is permitted. If neither the voting delegate nor alternate is able to attend the Annual Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Annual Business Meeting, exchanges may be made at the Annual Conference registration area. At the Annual Business Meeting, exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Annual Business Meeting. G:\policy\acres\voteprox.doc ITEM NO. Z0b DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: SET DATE FOR JOINT SESSION WITH THE PLANNING COMMISSION TO DISCUSS GENERAL PLAN IMPLEMENTATION PRIORITIES SUMMARY: It has been well over a year since the City Council and the Planning Commission held a joint session to discuss General Plan implementation priorities and future assignments for staff to pursue. Accordingly, based on comments received during the budget hearings, as well as the progress staff has made on achieving past priorities, it would appear the timing is appropriate to conduct another such session. The Planning Commission was informally polled at a recent, regularly scheduled meeting, and the consensus of opinion was to hold the next joint session on the fifth Wednesday of September (September 30, 1998), and to be flexible towards conducting the meeting during the daytime hours. Nevertheless, the Council is free to pick a date and time acceptable to each member, and Planning staff will relay this information back to the Planning Commission. RECOMMENDED ACTION: Set a date and time to conduct a joint session between the City Council and the Planning Commission to discuss General Plan implementation priorities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not set a date and time, and provide alternative direction to staff. 2. Defer this matter to another general period of time, as may be articulated by Council. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, C~it~ Manager ITEM NO. DATE: 10c August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: WAIVER OF DUE ON REFINANCING CLAUSE IN THE DEFERRED PAYMENT LOAN CONTRACT WITH ALICE ARNOLD BACKGROUND: In 1986 the City of Ukiah, in coordination with the Community Development Commission of Mendocino County, undertook a program for housing rehabilitation within a specified target area of the City. Under this program, eligible property owners could receive assistance with rehabilitation of their property. The intent of the program was to assist lower income individuals with improving their homes to maintain their property values and provide a higher quality of life without forcing the property owner to incur payments beyond their means to pay. Dewayne and Alice Arnold entered into a deferred payment loan contract on May 8, 1986 in the amount of thirteen thousand seven hundred forty-five dollars ($13,745.00). The obligation under this contract is scheduled to expire after fifteen years (May 8, 2001). The note is due and payable when one or more of the following events occur: 1) Transfer of title to a person or persons other than a member of the immediate family (spouse, children, parents and grandparents); 2) First or any senior mortgage or Deed of Trust is refinanced; 3) Owner-occupied property becomes rental property. Proposal: Mrs. Arnold is attempting to re-finance her first mortgage and requests that the City waive the contract condition that would require repayment to the City. Mr. & Mrs. Arnold divorced and Mr. Arnold transferred his interests in the property to Mrs. Arnold. (Continued on page 2) RECOMMENDED ACTION: Approve a one time waiver of the due on refinancing clause in the Deferred Payment Loan Contract with Alice Arnold. ALTERNATE COUNCIL POLICY OPTIONS: 1. Not approve the waiver and require compliance with the contract conditions as written. Requested by: Prepared by: Coordinated with: Citizens advised: Attachments: Alice Arnold ~ Gordon Elton, Finance Director~ Candace Horsley, City Manager Yes Deferred Payment Contract with Alice Arnold Can~ce Horsle~, ~ity Manager GE:ARNOLD.AGN Mrs. Arnold is now responsible for the note. She states that her intent is to avoid foreclosure by the first mortgage holder and to restructure some of her other debt which will allow her to meet financial obligations and keep her house. Conclusion: Staff believes that the City has a right, under the "Deferred Payment Loan Contract", to require payment in full at the time the first mortgage is refinanced. If the first mortgage is foreclosed on, the City may not receive any repayment. However, the intent of the program was to assist lower income residents to live a better quality of life for an extended period of time. Mrs. Arnold expects to continue to live in this house for the remainder of the original fifteen year period. Therefore, the original intent of the loan program can still be met by allowing Mrs. Arnold to refinance her existing mortgage without calling due the City's Deferred Payment Loan Contract. This still maintains the conditions for the remainder of the original contract term of 15 years. Recommendation: Waive the requirement that the Deferred Payment Loan Contract is due and payable for this refinancing in 1998, while maintaining the original conditions for all other actions which have or may occur relative to the existing contract. GE:ARNOLD.AGN Page 2 Recorded at the request of: City of Ukiah WHEN RECORDED MAIL TO: Community Development Commission of Mendocino County 405 W. Perkins Street Ukiah, CA 95482 PUBLIC AGENCY BUSINESS: FREE This document is presented for recording pursuant to Govt. Code Sec. 6103 Space Above This Line For Recorders Use CITY OF UKIAH DEFERRED PAYMENT LOAN CONTRACT THIS AGREEMENT made and entered into as of the _~__day of May lg86 , by and between the CITY of UKIAH, a general law municipal corporation in the County of Mendocino, State of California, hereinafter referred to as "CITY", and l~,7~yn~ Atnnlrl ~nrl Ali~p Atnnlrl owner(s) of record of subject property, hereinafter referred to as "OWNER", WITNESSETH: WHEREAS, CITY has undertaken a program for housing rehabilitation with- in a specified target area in the City of Ukiah, for the benefit of lower- Income persons; and WHEREAS, OWNER is the owner of certain real property situated, lying and being in the City of Uktah, County of Mendocino, State of California, in such specified target area, and more particularly described as follows: Lot 20, as numbered and designated upon the map entitled "Subdivision No. 1, Empire Gardens" filed December 19, 1952 in Map Case 1, Drawer 9, page 121, Mendocino County Records. WHEREAS, OWNER has applied for assistance under such program for the benefit of subject property; and WHEREAS, CITY intends hereby to loan funds to OWNER pursuant to said program; and WHEREAS. OWNER resides at subject property; NOW THEREFORE, it is mutually understood and agreed as follows: 1. LOAN: CITY agrees to loan OWNER the sum of ($ 13,74S.00 ) for the purpose of the rehabilitation of subject property. The loan shall not carry any interest. Said loan shall be in accordance with the terms of that certain Promissory Note attached hereto as "Exhibit A" and incorporated herein by this reference. Said Note shall be secured by a Deed of Trust through First American Title Title Company incorporating as required the provisions of said Note, all as set forth in that form of Deed of Trust attached hereto as "Exhibit B" and incorporated herein by this reference, Loans secured by a Prc~missory Note and Deed of Trust shall become due and payable when one or more of the Following occurs: (l) Transfer of title to a person or persons other than a member of the immediate Family (spouse, children, parents and grandparents); (2) First or any senior mortgage or Deed of Trust is refinanced; (3) Owner - occupied property becomes rental property. The obligation under this contract shall expire after a period of fifteen (15) years From the execution of this contract. Transfer of title shall be deemed to include change of title by sale, gift, probate, termination of joint tenancy, and/or life estate. Page 2 of 5 2. ACCEPTANCE OF LOAN: OWNER accepts this loan and hereby appoints Community 0evelopment Commission as OWNER'S representative during con- struction in accordance with "Contract document", consisting of. instructions to Bidders, this Agreement, Contract between OWNER and CONTRACTOR, and the General Conditions of the Contract, as well as ali addenda and modifications issued pursuant thereto, all as attached hereto as "Exhibit C" and incorpo- rateO herein by this reference. CITY and its agents shall have the power to act on behalf of OWNER and all of OWNER'S Instructions to the contractor shall be issued through CITY and its agents. CITY and its agents will have the powers of general construction supervisor and will determine whether the work is proceeding in accordance with such Contract Document. 3. ENFORCEMENT: This Agreement may be enforced by specific perfor- mance and/or injunctive relief, and it is agreed hereby that remedies at law are inaOequate to compensate for violations of this Agreement. 4. WARRANTY: OWNER warrants to CITY that OWNER has Fee simple title to. subject property and that no consent, approval, or authorization of any third party is required In order to legally encumber subject property as pro- vided herein. §. ASSIGNMENT: This Agreement shall not be assigned in whole or in part without the express written consent of CITY being First obtained. 6. CONSTRUCTION TRUST FUND: All Funds received pursuant to thls Agree- ment shall be placed by CITY into a Construction Escrow Account maintained by CITY For purpose of disbursement to contractors pursuant to the construc- tion documents. All funds shall be disbursed pursuant to the Joint signa- ture of CITY and OWNER or by CITY in accordance with OWNER'S written authori- zation. Any funds remaining tn said Construction Trust Fund after payment in Full of contract shall be deducted From said principal loan amount and re~ turned to CITY. 7. INDEMNIFICATION: OWNER will Indemnify, save harmless, and defend CITY from all liability From loss, damage, or Injury to persons or property in any manner arising out of or incident to the performance of this Agree- ment, including without limitation all consequential damages, whether or not resulting From the negligence of CITY or its agents. Page 3 of 5 8. NOTICES: Unless otherwise provided herein, any notice, tender or delivery to be g~ven hereunder by either party to the other may. be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing. Mailing notices shall be addressed as set forth below but each par- ty may change its address by written notice in accordance with this paragraph. Community Develol~nent Commission 405 W. Perkins Street Uk)ah, CA 95482 Property Owner(s): Dewayne Arnold and Alice Arnold 9. ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to thls Agreement or the breach thereof, the prevailing party shall be entitled to recover fro~ the losing party reasonable expenses, attorney's fees and costs. 10. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties, provided, however, that the Agreement may be amended or supplemented from time to time upon mutual agreement of the parties hereto in writing. Il. BINDING EFFECT: Subject to provision number 6 regarding Assignment, this Agreement shall bind and insure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 12. SEVERABILITY: No partial invalidity of this Agreement shall affect the remainder. 13. INSURANCE COVERAGE: OWNER shall provide proof of insurance in not less than the amount of the Rehabilitation Loan, designating CITY as bene- Ficiary and shall maintain such policy and designation in full force and e66ect during the life of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment the Oay and year first written above. OWNER County of Mendocino State of California On/7~/~, /~ , before me the under~_igned, a NotAry Pub. lic for the State o~mC~l' iF~rnia,~ . ,pers°nally appeared Z~/Z~/~F ~ ~//~ ~~/~ ,proved to~ on the basis of personal ~nowledge to be ~e person(s) whose name(s)~r~ subscrt~d/~ the w~thIn instrument, and acknowleQgeO that they execute~ ~ NO~ PUBLIC - CALIFORNIA County of Mendocino ~~/ ~ENDOOINOC0U~ State of Cal ifornia ~~ ~y..~m. e~pires ~AE20, On/~ /~_ /~ , before me the ug?~ersig~o~cI,Ama Notary Public for the State of Cal i~o~ia,' personal ly appeared _N~/Z~/~ , proved to me on the basis of personal knowledge to be the person(s) whose name(s) are subscribed to the within instrument, as Executive Director of the Community Development Commission of MenOocino County, and acknowledged to me Agent For the CITY. on as ~~/ - OF~I~:IAL SEAL ~ ~ JUDY L HENDERSON K ~ NOTARY PUBLIC ' CALIFORNIA ~ Page 5 of 5 ITEM NO, 10d DATE: August 19, 1998 AGENDA SUMMARY REPORT SUBJECT: CHANGE OF ALTERNATE TO MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION Mayor Sheridan Malone is the City's representative to the Mendocino County Inland Water and Power Commission (IWPC), with Councilmember Guadalupe Chavez being the alternate. A request has been made by Councilmembers Jim Mastin and Guadalupe Chavez to have the Council select Jim Mastin as the alternate to the IWPC. Once Council has approved this action, staff will inform the Commission. RECOMMENDED ACTION: Council approve the appointment of Jim Mastin as alternate to the Mendocino Inland Water and Power Commission ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not appoint Jim Mastin as the alternate to IWPC. 2. Make additional modifications to appointments to this Commission. Citizen Advised: N/A Requested by: N/A Prepared by: Candace Horsley, City Manager Attachments: None. 4/c,,.^s,~wPc~.98 Can~ace Hc~rsley, City!Manager