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HomeMy WebLinkAbout1998-05-20 PacketMINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - May 6, 1998 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:31 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken end the following Councilmembers were present: Councilmembers Chavez, Ashiku, Kelly, Masfin and Mayor Malone. Absent: None. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Customer Service Representative Gooddck, Risk Manager/Budget Officer Hams, City Manager Horsley, Police Administrative Captain McBdde, City Attorney Rapport, Senior Planner Stump, and City Clerk Henderson. Staff in attendance later in the evening were Administrative Secretary Harris, Public Works Director Kennedy, Personnel Officer Revheim, and Fire Operations Chief Sandelin. 2. Pledee of Alleaianc* ~.':~. - Councilmember Aahiku led the Pledge of Allegiance. Mayor Malone announced the Consent Calendar ~'!Tii:~e co~:~i:::i:i~ext in order .to accommodate citizens who were in attendance to Iddreij!item 6i ...... ~i!!;?" ':=:~i;iiii::iiii:::i;!:?!:ii:i~:!i:~.: =.~: e. CONSENT CALENDAR Mayor Malone announced that item 6f would be re~d from the Consent Calendar and considered as item 10e. He welcomed audience member'.ii'crested in addressing item 6i, Adoption of Resolution Adjusting Restricted Parking o~i:!ithe 200 iBtoCk .of North Main Street, 100 Block of East Smith Street, and East Standley Street Between M'a~n ~.Main Streets. Waiter Van Hoy, property owner, 200 Block ofE~i~l ~Jth:~/J'eet, add'Seed the parking problems in this area of the City and urged the CounCi~ to pre!de :more parking for the North Main, East Standley, and East Mason Street area .:i~'i~:.::~ ?~': ';':'~.i:i:::i:i:ii? Roger Van Hoy, Van's Appliance on Ea~"Smith ~et, noted:i~e':i~roblems associated with removal of parking meters in this part of tovWi'and urged:i~he Councji'to improve the parking situation in this area. .=~!i;~ ..... ... Carol Schellm't, North St&t~i'!~, 263 NOrth str~:,:expressed her concerns for the lack of long term employee parking oriNorth'Main Street, 'EiSa 'employs 18 people who have no place to park. She offe~:Jl her t'estauranl'a~..&'meetJng place f0~; City staff and concerned neighbors to get together to find workllble-Ir~lutions to ~i .~.. gOi.'.~g problem. She urged approval of item 6i. -%!:i:;:::-.ii:i.i.~:~.i.iii-.: '%ii!i::!:i i i:i:' :. i !' i ::~:.'-:: ';::.i.i~ i'!:! !:.i.:: ·:: !:-;!: ........ Chris Hutton,..~$~.~tery 0'~iE~t'Smith Street, noted there is not adequate parking for her customers ~-,e'~he~m'were removed in that area. ..:.. ....... Comm~ity Services Di~)tKnoblough agreed there was a need to make adjustments to the park~g situation in this a~i.' i;i~e resolution before the Council would provide some more parking, buteven more are requ~. :'  mer Service ..~ervi$or Archibald noted County employees have made application for ~.ately .4.....0...~nt of the 75 parking spaces allotted to them in Lot C h.s c s.rv. the behind basin.sees on M.in Street. She fee s there':is a definite possibility that some of the these spaces be developed as parking. The City will continue to meet the challenge for more downtown parking. Main Street is the area which needs to be improved at this time. MIS Maatin/Aehiku to approve the Consent Calendar, Items 6a-e and items g-i, as follows: Approved City of Uldah support of Solid Waste Systems' request to join the AB 939 Local Task Force; Adopted Resolution No. 9~-39, Relocating an Existing No Perking Zone/Bus Loading Zone on West Stendley Street, Establishing I New No Parking Zone/Bus Loading Zone, and Eliminating an Existing On-Street Parking Space on West Perkins Street Between North School Street end North Oak Street; Regular Mee~ng - May 6, 1998 Page I c. Received Report Regarding the Acquisition of Consulting Services from Lawrence and Associates for Gas Sampling and Isotope Analysis at Ukiah Landfill in the amount of $5,800; d. Adopted Ordinance No. 1002, Amending Division 9, Chapter 2 (Zoning), Article 20 of the Ukiah City Code; e. Approved the Planning Commission Participation on the Ukiah Unified School Distdct School Site Selection Committee; g. Approved the expenditure of $18,000 from the Solid Waste Disposal Site Fund for the Acquisition and Placement of an Access Bddge at the Ukiah Landfill, and awarded Bridge Fabrication to Skip Gibbs Company, Inc., at a Cost of $12,834; h. Received report to Council Regarding Purchase of Acrylic Display Cases for Grace Hudson Museum from Bake Productions in the amount of $6,233.25; and i. Adopted Reaolution No. 9B-40, Adjusting Restricted Parking on the 100 Block of East Smith Street, 200 Block of North Main Street, and the North Side of Standley Street Between Mason and Main Streets. 3. Special Order of Busines- 3a. Presentation b_v Jane Lorend on the Chanoes in the Ele~,~.r~C Industry and l~lications fo the City of Ukiah - · City Manager Homley introduced public relations consultant J~ Lorand!'~;!i~:~:~nder contract with the City to establish a public education program regarding t.~i:effects o~-~!afion of the electric utility industry on City customers. ~iiiiiii? ......~!!i!~:::'~iiiiii ii .i~!!:i!:i:~:' .::~!!::i::?:" '~i:ii:i.ii:i.iii Ma. Lorand outlined at length the changes affecting th~i!~regulati~:"°f the in California and nationally, with particular note on the!i'eff~s-i~i~ residential ra'~e;s in both Investor ov~ed utilities and municipally owned utilities. M~Jti:~,i0mers do not know ihe difference between municipally ~wned and investor owned utilitie.S..:i?:i~he:::'~oted the industry is filled with competing tensions. Municipal utilities provide one thirdi~f thl:~in California and across the United States. The boundaries that once governed the 'th'dustry'~.:~ng eliminated, resulting in a tgh~at.d_e.a_l__of_c~)._nfusi.on for !h.e public.. Cali.fo. mia's ~[~utility system WasiWell built by engineers aye[em s~nce oeregu~ation is oeing taken ~i~:~anciers. ~ :~I0 percent rate reduction being given by investor owner utilities is being ~U~cl ~ those utilitiej':by other hidden charges, to pay off additional bond funding. CustomerS'of muni.~pN!y::.~d utilities are paying for a system in which they have an ownership; cust~ers of .i~estbr.::~d Utilities see no return for their payments, they are not shareholders in.t~':System,~.::!~here arimanY new "marketers" of the product of electricity and there are a prolifera~'Of market'i~Joys bei~!used to attract new customers, many of which are not necessarily truthful:land/or legal:' The pr~dure of "aggregation" is being used by various organizations to affect I~ rates f~irnemberabY purchasing power in bulk. ........ Ms. LorendinOted Ukiah..~:an electric s~'i~i~ provides high reliability and is 98% based on "green" pewer.::it.'is an e~entally conscientious system, not reliant on fossil fuel generation, which will'Or~!ybecome more~xpensive with time. Once Ukiah's long term debt is paid, its rates will be very com~e:to, or wel[:below, :those industries relying on fossil fuels. .... ~!.;!ii:.. i.i.:i~::."::~::iiiii 4. Ap_orovet'q3erreet~ of Min'- ,la. Reaalar Meeti'rm..:Of Aa_rtl 15. 1 · .? .... ':~i~i:?!::':.?.'. ::.:.: .~:.::~.. M/S Mastin/Chavez to a~lhe Minutes of the Regular Meeting of Apdl 15, 1998, as submitted, ca~cl by the following ~i ~il vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and ~Malone. NOES:..~N~)ne. ABSTAIN: None. ABSENT: None. :i:?." ..~-~:i~!i .... ~: :ii:Adiourned ~lar Meetino of Aoril 16. 1eeo ,h., on 7 th. to ~!":'~CoU'ncilmember Kelly expressed her regret that a process was undertaken months ago whereby an entity clearly partial to truck haul (Solid Waste Systems) was designated to negotiate on behalf of both truck and rail haul proposals, to the detriment of the quality of information available to the Council on the rail option. She did not find the proposed Solid Waste Systems rail option credible, based on the information provided directly to the Council by Waste Solutions Group." M/S Kelly/Masfin to approve the Minutes of the Adjourned Regular Meeting of April 16, 1998, with the amendment noted above, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting. May 6, 1998 Page 2 4c. Adiourned Reeular Meetino of A~_ ril 29. 199R MIS Mastin/Kelly to approve the Minutes of the Adjourned Regular Meeting of Apdl 29, 1998, as submitted, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None· 5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEM~ No one came forward to address the Council. 8. ~LIBLIC HEARING - 7:00 Sa. Ado_~tion of Resolution Amendin_a the Generel Plan Land Use Desi_anation for Thr~c Pac..els and IF~h~duction of an Ordinance Amendine the City Zonine Mae ~ Rezone TeF Parcels of Land Alone North Oak Street ?i ...... :~ii:i? Senior Planner Stump noted staff initiated the General Plan ~!;"'ezoni~i~i~:;o brin,, the zonin'- c. las. sifi~tions_o.n a n..um.ber of parcels into conform~'?With the.""ir?'~:~,~ipla~ land oes~gnations, leis particular rezoning project is · result.i~ the direr' gi~hi~:~.Councit :last November. The matter was reviewed again by the Plann~ Commi~6n, res~]t~:~::~.c=hang'e in ~.e.?~:)_.m,:_m, 's[~_n s..,,~_c~_ .mm_endatio. n t.o zone t. he two parce~':~He.~ind North O~.ii'~ngte family ,==,u~nu.,~. ~rm ~mnmng [.;omm~ss~on mace no recomnilt~l!l~on as to the remaini'ng Parcels. He distributed a letter from Maggie and Franklin Apfel, owne~;~he'two parcels being considered for rezoning at Henry and North Oak Streets .... There was discussion among Councilmembers regardjr~" vadouS'~~ Of.the neighborhood and the mixed use characteristics of C-N neighborho~;!i i:.:::: .... .... ?.~!!;!~i:iii~ii?iiii'i:i'i~ii:~i!!.ili:ii.!.-. Mayor Malone opened the Public Hearing af!~:!~'~"i~::~!.iiiil.ii?!:i:ii!ii::~ ..... Judy Pruden, 304 S. Hortense, noted ~ Plannin~;'Com~l~ii~n:fiad reviewed this matter twice. She urged the Council to listen to the :~s of th:...e..::?i~ighborS~.~'this matter. She supports rezoning the two Apfel parcels to R-1. ..~!!ii!:i'?:i:i.:::::~ ..:~ii~i!;~: · . .i??i:~.: ..~::::.:.::.:.. ./ii! _N,e~_W,a_l,s_h,',_A.d,~m's. trat°, r o.~:.!!h~:iMen_docin.~:i~:ty.:~ and Alcohol Prevention Program renter u~ tee ,,%omL.m.a!omg iocate:~li~ one of the .t.'...'~:parcels, spoke in advocacy of this clientele. He mentioned':~ no one ~d :~lained to:~?:~'::the last few years regarding parking problems generated ~iS ~ncy's'~.!~ ~building. i~e noted he thought the NIMBY (not in my backyard) effect might'be'in'~here and::~the residents of the neighborhood were not prejudiced against the people hii:~!erves. '~:ei~;Si~nted' the Council to be aware of the $2 million per year payroll his agen~i~tes in th~i~unity. Mary L~:::'428 Nor~:i~::~t, has seen dramatic changes in the neighborhood particularly since..~e County Drug ~i.~i~l Prevention Program has rented the Apfel building. She urged the down zoning of the ~etProperty to R-1. ~'~ Brackmann, 7~!~rove Avenue, distributed a petition to the Council, representing citizens ~O~ed to any C-1 ~,,-N zoning on North Oak Street between Henry Street and Gibson Creek. ~:.~a~: I~e to th~..:~c aspects of the neighborhood and in favor of the R-1 designation for the two ~l.'pe~ ~'~::~ell as the other parcels under consideration. She gave a slide presentation, s~:~:!~'°ric houses and narrow streets in this residential neighborhood. Diana van der Byl, 890 North Oak Street, spoke to the changing character of the neighborhood, but did not feel the change was precipitated by the currant use of the Apfel property. Eric Lemon, 123 Clam Street, felt the Apfels raised significant points in their letter regarding mixed uses in neighborhoods. He considers the issue in this matter to be one of intensity of use, rather than the use itself. Roger Foote, 736 Grove Avenue, addressed the history of the Apfel parcels and how the parcels gradually became commercial. He urged the Council to correct the missteps of the past and return the Apfel parcels, as well as the parcels on the east side of Oak Street, to an R-1 designation. Regular Meeting. May 6, 1998 Page 3 Arthur Colvin, 436 North Pine Street, asked the Council to consider the impact of variances on this residential neighborhood. The Public Hearing was closed at 9:18 p.m. Discussion ensued among the Councilmembers regarding the impacts of commercializing this residential neighborhood. Staff answered procedural questions and addressed the validity of the Negative Declaration if the zoning on some of the parcels were changed from the noticed Neighborhood Commercial zoning designation. MIS Aahiku/Mastin to approve the Negative Declaration of Environmental Impact as to the North Oak Street General Plan Amendment and Rezoning Project, located along North Oak Street between Smith Street on the south and Gibson Creek on the north, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Mastin to introduce by title only the Ordinance Amending the Official .ZOning Map for the City of Uklah, California, rezoning to R-1 the Apfel parcels, AP No. 002~.75-05:1~d AP No. 002- 175-06, carded by a voice vote of all AYE. ABSENT: None. ?!iii!!iiiii ..... !ill? ..~i!!i:i:~: ~':: :* :' :::" ,.,, ~,,,-,-, ~,a,mmla, as to me t~'o parcels notea above. M/S Ash,kulMaatin to introduce the Ordinance noted a~ carned by the followlng'r~t caff vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Ma~;ii!at'td':!Mayor Malone. ':':.~iNOES: None. MIS Ashiku/Chavez to adopt Resolution No. 98-41, Arne~=inl~i~;:i~General Plan [as to parcels AP Nos. 002-176-07 (First Baptist Church), 002-183-04.(Richardso~);iO02,183.02 (Azzaro), and 002- 183-01 (Riddell)], carded by the following roll call ;v0te~:~YES: C0~C, itmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: Nona;~ii'i;~?AIN:~None. A~EENT: None. M/S Aahiku/Maatin to introduce by title O~'the Or~'~A~~ the Official Zoning Map for the City of Ukiah, California, rezoning to.:~N the F~t' Bap{is! Ch~ch parcel (AP No. 002-176-07), the Richardson parcel (AP No. 002-183-O4~, the Az~kro parCel!(Ap No. 002-183-02), and the Riddell parcel (AP No. 002-183-01), carde...~!bYa voice!¥ote of ali.AYE ABSENT: None. .......... '". City Clerk Henderson read b.,y tit~?i~nly the ~ce.~'nding the Official Zoning Map for the City of Ukiah California as to.~.:four parcels ~ted.atmve. MIS Asli~Stin to in{~::~he'Ordinan'~'noted above, carded by the following roll call vote: AYES: COUncamembers Ch~. AShiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: Notie~;;.:i~B,~ENT: It was the ~~i~i~i~ to re~d to staff, for reconsideration to an R-1 zoning designation, the four.remaining sul~? ~s on the east side of North Oak Street north of Henry Street. ...:.:.: :.- · :::::. :::.::::. ?i!RECESSED: ~:~1 P~m. RECONVENED: 9:52 p.m. ~!;i?:?UNFINISHED BUSINESS ~; 'iilDiscuasion of~llot Measure to Eliminate Directly Elected Mayo~ ~ :~'~~get Officer Harria noted the information provided in the packet. Afl~'~:~'~ing the advantages of eliminating the directly elected mayor position, Councilmembers requested staff to bring back to them for consideration possible ballot arguments for and against such a measure. 10. NEW BUSINES.~ 10a. As_stove Direction to Staff to Pre=are a Development Proc·ia Regort for the Railroa, I De_Dot Pror, ertv - - - Senior Planner ~tump noted the considerable interest by various community groups in planning the future development of the railroad depot property. While the interest of these groups are community- minded and laudable, it appears they are moving in different directions without a clear understanding of the development process which is crucial to their success. Wrth Council's approval, staff would proceed with a Development Process Raport for the railroad depot property. Regular Meeting. May 6, 1998 Page 4 I~ was the consensus of Council that staff should proceed with a Development Process Report for the railroad depot property. 10b. Armrove Sole Source Procurement and Award Consultant Apreement to ESA for thr Pre.Daration of a Sur).Dlement to the Final Environmen;,al Imrmct ,-~ir)ort for a Uki~ Landfill Pe,~it Reviaion in the Amount of $18.000 Public Works Director Kennedy noted the need to revise the current Solid Waste Permit as to the hours of operation and the amount of tonnage received in order to facilitate the acceptance of waste from Fort Bragg, Willits, and Mendocino County. He distributed the April 1998 figures for volume received at the Solid Waste Disposal Site. Because Environment Science Associates (ESA) prepared the Final Environmental Impact Report for the Landfill and is very familiar with the issues at hand, he recommended approval of a sole source procurement of consultant services and award of the contract for services for revising the permit to ESA. M/S Mastin/Ashiku to approve the sole source Procurement and award the Consul~ Agreement to ESA for the preparation of a supplement to the Final Environmental !~pect .~Ort for a Ukiah Landfill Permit Revision in the amount of $18,000, carded by the folloi iiiig rOIl:~:cell vote: AYES: .Co,.,u..n.?,m_e.m, bers Chavez, Ashiku, Kelly, Masfin, and Mayor ~. ~ ~:;. ABSTAIN: None. 10c. Conmde.r a. nd A.D.Drove Pm_Doled Sti.Du!ated Orde f ComDl~~ Ind:!~D, ent Nb~::98 71 _Pertalmna to Ukiah Solid Waste Dia.Dosal Site:!~ A~ri_'_~e Mavor and Cttv :M=naae~ to Execute Aoreement - p · . . ;.b~!.c.,W_ork$..Director Ken,dy noted the s~pu~.ted .gr.e...,~,:~ ~ssary in order to revise the [.anat,~ ~'erm~t as approved in item 10b above. M~S M.stin~Aahi~. to .pprovo the Stipulated ~'!~:~:comP'.~:i~i~greement No. ~8-0~ pertaining to the Ukiah Solid Waste Disposal.::~eiia~ ~dze the':~yOr and City Manager to e.x.e.c, ute. the Agreement, c~rded by the fo!!:~g ro~[ii~!:i~.e....AYF. S!: Counci~members Chavez ^SniKU, ~,elly Mastin, and Mayor Malone.:i~iNOES: I~ne:.~:!;i~$TAIN:.!None. ABSENT: None. 10d. Consideration and Action on the~:!~'ror)ole~iClev St~'t'Railroad Crosaina Ar)r)lication tc the Public Utilities Commia~n: ..::~i!::ii? ..... Public Work~ Director Kennedyi~ted the ~C Utilil~" Commission is asking for a construction plan in ord~to proceed wi..'.ffi:lhe approval ~ia;~ ~lreet crossing of the railroad tracks. There w:~:i~ ~cussi~;j~i;~;~ich other crossing the City may be willing to eliminate. It was the cons~i~Council't~!~ with the application for the crossing at Clay Street and to keep all opti~i~!:~i'regard ibi~Eh other crossing may have to be eliminated. 10e. Re~ and A":~i~,~tnff Restructurina Pro,osal and Budaet Amendment Due t¢ ~eCancv in Dire¢~ ~PUblic Safety Position (formerly item ..... · :.':-. ;~iiiii T~:iitem was removed,~m the Consent Calendar at the request of Councilmember Kelly. ~ilmember Ke.~i~ad questions of staff relative to the duties of the four Fire Captains and the ~n end ~nce requirements for these positions. ~j~:'Chlef Sandelin outlined the responsibility levels of the Captains and the necessity for th'~"to work independently. Often times a Firafighter's high level of experience is counted as wholly or partially equivalent to a bachelor's degree. City Manager Homley explained the administrative needs of the department. More captains are needed to share in the administrative work load of the Department, lessening the amount of work designated to the Chief. Chief Sandelin noted the importance of providing cross training within the Department. Peraonnel Officer Revheim noted various aspects of a firefighter's experience and education may contribute towards the equivalency of a bachelor's degree. Councilmember Kelly was supportive of requiring a bachelor's degree for the Fire Captain position. Regular Meeting - May 6, 1998 Page 5 MIS Maatin/Aahiku to approve the restructuring proposal dated April 23, 1998 and authorize the budget amendment necessary to implement the restructuring proposal, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL REPORT~ Councilmember Chavez had no report. Councilmember A~hiku had nothing to report. Councilmember Kelly reported the Site Selection Committee for the new elementary school has narrowed its recommendations to three sites: the east end of Brush Street, the Hollow Tree site, and the former Montgomery Wards property. She reported she was not successful in asking Mendocino Council of Governments to reconsider usages for transportation funds. Cm:_U,..n_c_~l_m. em~.l~, r. Maatin. att..e, nde_d a M...endocino Solid Waste Manage~!t A.~'~ty (MSWMA) _. eu.ng_m w.n. ~cn_ne. repo.rt, ea the r,.;ounc41's recommendations ..regarding.~:~i~i~f the North State ~treet/ransmr Station site. The County will now be chargi~=~MS~=.i~i~hy.:out of the ordinary ?.rov!d._d .b.ype Co.unty un, 's or, ca. Transport,t o, /~um. orm/m~. ~Jng in Po,nt Arena. Pie met with the Main S~t group ~~i~i;C, ity/Main st~et services contract, attended a Transit Center meeting end. linnounced!~ Mayor Malone noted he will ask the Mendocino Inland ~!~ Water Commis~i:~n to petition the Bo..ard..of S_uperviso_.m to reconsider its vote on rePre.~~'~ ~t.he Public Policy Committee regaromg me ~ussian ~<iver. 12. CITY MANAGER/DIRECTOR REPORTS .... :::::::::::::::::::::::: City Manager Homley met with representativ~i!:~;~fg~s who~ interested in forming ,, econ.o,ml.c develo.pme.nt committee in the ~nty. ~ '~:~ ReCreation Center Committee is cons~oenng a partnership with the SchoolDistrict tO:~ild ai~i;a~U~'to the new elementary school in which the City would provide a re~eatiOn pro~m. :!!!!i~; ............ ': The Council adjourned to Closed ~i°n at :~!:i8 .:iiii:! i i:i:: ::i:i:!: ! ii! i .:::::: The Coun~i:.:~ened in'~i~"sion at 11:57 p.m. No action was taken in Closed Session. 14. ..::!:!:E.i: ~$!:: ?! ~ii!ii?~:' Colleen B. Henderson, City Clerk Regular Meeting. May 6. 1998 Page 6 ITEM NO. DATE Sa May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF APRIL 1998 Payments made during the month of April 1998, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 104383-104476, 104609-104711, 104713-104822 Payroll check numbers: 104477-104607, 104823-104936 Direct Deposit numbers: 2660-2815 Void check numbers: 104608,104712 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 April 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 AP P ROVE D :-..-~ "~..Z[-9--~ ^GEUD^.WPD,,r~ Candace Horsley, Ci~~anager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF APRIL 1998 Demand Payments approved: Check No. 104383-104476, 104609-104711, 104713-104822 FUNDS: 100 General Fund $2,257,643.78 140 Park Development 141 Museum Grants 142 National Science Foundation 143 N.E.H.I. Museum Grant 150 Civic Center Fund $68,852.04 201 Asset Seizure (Drug/Alcohol) 220 Parking Dist. #10per & Maint $696.09 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund $600.00 260 Downtown Business Improvement $11,477.47 301 Gas Tax Fund (2107) 332 Federal Emerg. Shelter Grant $6,980.15 333 Comm. Develp. Block Grant $7,023.00 341 S.T.P. 410 Conference Center Fund $2,734.79 550 Lake Mendocino Bond 555 Lake Mendocino Bond Reserve 575 Garage $6,283.71 600 Airport $16,113.99 610 Sewer Service Fund 611 Sewer Construction Fund ($8,134.21 ) 612 City/District Sewer $477,555.06 615 CitylDist Sewer Replace 640 San Dist Revolving Fund 660 Sanitary Disposal Site Fund 661 Sanitary Disposal Replace 665 Refuse/Debris Control 670 U.S.W. Billing & Collections 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendo Emerg Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 800 Electric 801 Electric Revenue Fund 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service 960 Community Redev. Agency 962 Redev. Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 104477 - 104607 DIRECT DEPOSIT NUMBERS 2660 - 2739 PAYROLL PERIOD 3/22/1998 - 4/4/1998 PAYROLL CHECK NUMBERS 104823 - 104936 DIRECT DEPOSIT NUMBERS 2740 - 2815 PAYROLL PERIOD 4/15/1998 - 4/18/1998 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR DEDUCTION CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS - 104608, 104712 ($25,476.10) $1,520.61 $139,796.82 $2,175. O4 $8,241.89 $10,251.61 $1,642.70 $13,417.93 $10,000.00 $390,714.60 $9,086.50 $8,196.17 $47,420.93 $1,260.00 ($1o,ooo.oo) $156,132.53 $351.47 $359.08 $100,000.00 $58.15 $3,712,975.80 $63,4O3.58 $183,154.19 $173,430.39 $4,132,963.96 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. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance O~ Ho U · o > I o ~.. 0 Oo ¢:::1 H -- U H H o 0 o 0 0 co 0,3 o 0 0 0 o 0 0 ~~~0 oooooo0~ oo00oooo o000oooo 00000000 ~0~~ o0000000 0000oooo 00000000 000o0oo0o o0000oooo o00000000 00000o oo 00oooo O0 ~~~oo oooo00000 0000ooooo 000000000 o~ 00o 000 000 ooo 000 000 O0 oo oo O0 oo OO oo O0 O0 O0 O0 oo oo oo 0 0 U 00000000 00000000 00000000 00000000 0000~0 ~~000~ ~~000~ UUUUUUUU O0 O0 UUUUUUUU 000o00000 ooooooo0o 00oooooo0 o0000o0oo 0ooooooo0 00ooooooo HHHHHHHHH0 UOUUUUUUU~ rj O O O ooo ooo ooo HH~ ~H 0 UUH~ O0 O0 O0 HH 00o 000 ooo oo O0 oo · oo O0 ~ 0 HHHHHHHHH H~ D0~0HHOH0 B~N ~H~H~H~H [.~H HIll ~0 O0 NH i ~~O~~ ~ O OOOOOOOOO H O OOOOOOOOO OOO~OOO  IIIIIIIII H O OOOOOOOOO 00O3 ~ ~ ~ OO O O OO OO O O OO OO O O OO u~ u~ O O O O OO O O OO ~1~ ~:p ~1~ OO O O OO OO O O OO ~1~ ~ ~ ~ ~ ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 U O ~O ~O O ~ ~ ~ o ~O ~o ~ ~ ~o ~ 0 ~ ~o~0~o U ~ ~o~o~o ~0~0~0~ ~ 000000000 OO O O O OO O O O OO O O O 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O~ 0 · o o 0 o0 0 o oo oo .~:~ oo o o o o ,r~ O0 0 O0 0 0 0 0 0 O0 0 0 0 0 0 ~00 -.J Oh {J1 oo oo .~.~ ~.~ oo oo .~ O0 O0 0 o · OH :~o o~o~ o~o~ o~o~ o~o~ o~oo~ 0~0~ O~O~k~ I~00 I~00 · ~ [~H o~ ~JO H o~:~ m~o o ~qo o ~0' ~o ~q ~H ~o o 0000 0000 00000 ..... 00000 00000 ooo 0· o~o~ o o 0000 0000 .... 0000 ~0~0 0000 I.~ I,-~ O0 O0 O0 000 · . · 000 000 ~0' 0 . 0 · · 0 I.-~ I-.~ o 0'~ 0'~ · · oc0 · o 0000 0000 0000 0000 0000 0000 00o ooo O. O~ · 0 oo oo 00o 0oo 00o O. OO 0 · o · o · oo oo oo0 oo0 ooo oo o · o · o · ~1::~ ,4::~,, oo0 · · oo 00o o0o · o o oo0o oooo ooo0 oo OO oo oo 0oo0 0ooo oooo o0oo oooo oo~ oo~ oooo oooo 00oo oooo oo CnO'l OO O0 O0 O0 O0 O0 HH oo CnU1 U'I U'I ~.,.0 ~0 O0 O0 O0 b~ I.-.~ U'i (j1 ,U"I f,J~ O0 O0 O0 O0 i-.-~ ~.~ O0 O0 O0 i.--~ 0 0~:~ o~ of jl oo oo oo oo oo oo ~o rj'~ f..~ i,--] i-] oo ..4-,4 oo oo oo oo oo o~ 0 0 0 5b ITEM NO. MEETING DATE: Ma.v 20, 1998 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING PURCHASE OF CAMERA TRANSPORTER FOR SEWER SYSTEM VIDEO SYSTEM IN THE AMOUNT OF $6,499.35 Included in the 1997/98 Budget is $6,500 to purchase a camera transporter for our sewer video system. Staff contacted suppliers of camera transporters and were able to obtain demonstrations from two companies. The first transporter, manufactured by UEMSI, would not work with our equipment without extensive modification. The second transporter, manufactured by Cues, works perfectly with our system and will allow inspection of 4", 6", and 8" pipe. The price of the transporter from Cues is $6499.35 including tax and shipping. A purchase order has been issued to Cues for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase of camera transporter for sewer video system. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if not budgeted): Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: None Acct. No.: 612-3510-800 Candace Horsley, Cit~ Manager ITEM NO. DATE: Sc May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE QUIT CLAIM DEED RELATED TO A PUBLIC UTILITY EASEMENT ON THE PARCEL OF LAND AT THE NORTHEAST CORNER OF E. PERKINS ST. AND HOSPITAL DR. Submitted for the City Council's consideration and approval is a request that the City Manager be authorized to execute, on behalf of the City, a Quit Claim Deed related to a Public Utility Easement over a parcel of land at the northeast corner of East Perkins Street and Hospital Drive. The Public Utility Easement was originally established with the recordation of a separate deed recorded in Book 2381 O.R., Page 602, Mendocino County Records. This is shown on and was a requirement for "Parcel Map M.S. 96-03" which was recorded at Case 2, Drawer 63, at Page 37 Mendocino County Records. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize the City Manager to execute on behalf of the City a Quit Claim Deed transferring the City's interest to the property owners, that portion of the 20-foot Public Utility Easement that is not contained in the later acquired 10-foot wide Public Utility Easement and deny the request to Quit Claim interest in the 10-foot wide easement along Perkins Street which is needed for future street widening. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny the request for Quit Claiming interest in both easements. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Appropriation Requested: N/A Owner advised Rick H. Kennedy, Director of Public Works/City Engineer ~/~_~ J. Woods, Sen~or C~wl Engineer ¢¥~ Larry Candace Horsley, City Manager . 2. 3. 4. 5. Letter requesting the Quit Claim of easements Copy of the Map of Parcel Map M.S. 96-03 Copy of 20-foot wide Public Utility Easement Copy of 10-foot wide Public Utility Easement Copy of 10-foot wide Public Utility and Roadway Easement APPROVED:'~~) ~('~,.... Candace Horsiest, ~it~Manager Authorize City Manager to execute Quit Claim Deed related to PUE DATE May 20, 1998 Page 2 After the Parcel Map M.S. 96-03 was recorded, a Boundary Line Adjustment was processed and deeds recorded to move the easterly boundary line of Parcel 1 and Parcel 2 (Keszler) 2.79 feet westerly to enlarge the ownership of the Parcel to the east (Valentic). Subsequently, a Public Utility Easement was granted by both Valentic and Keszler to the City for a 10-foot wide easement centered on the new common property line. This Public Utility Easement is recorded in Book 2438 Page 76 Official Records of Mendocino County. This 10-foot wide easement presently contains the needed utilities of sewer, water, electricity, gas, and telephone to serve the parcels concerned. The portion of the 20-foot Public Utility Easement that is not contained in the later acquired 10-foot wide Public Utility Easement is no longer needed and therefore the property owner is requesting that the City Quit Claim its interest in this easement since it is no longer needed. All affected Public Utilities have been contacted and have not expressed an interest in maintaining the easement. The property owner has also requested that the City Quit Claim its interest in a 10-foot wide easement along the parcel's frontage with E. Perkins Street. This easement is both a Public Utility Easement and a Public Street Easement and it will provide for the future widening of Perkins Street on the north side. It is therefore not recommended that the City Quit Claim its interest in this easement. C:\wpdoc\conditn\asr-pue October 17, 1997 Larry Woods City of Ukiah Dear Larry: Because of a property line adjustment and subsequent renegotiations with Dr. John Valentic, I'd like to request the removal of a 5 foot wide public utility easement along Perkins Street shown as No. 1 and also removal of that portion of a 20 foot wide public utility easement shown as No. 2 on Parcel Map 96-03 recorded in Case 2, Drawer 63, Page 37. That is outside the 10 foot wide P.U.E. that was decided 8/20/97 in Book 2438 on Page 76. If there are still questions regarding this removal of easement, please call me at 462-6086. Sin~rely, Gar/~y ~'e~~ ! tOSPITAL DR. '10 N I,.4A P NOT TO SCALe ~ [ UKIAII VAI.I,[]Y MICI)ICAI., CENTER PA~ 2 - CA 2, DR. 32, PG. 77, U C.R ! | <WEST ~ 20.~'> ~'~[ ~.~ .... NT~J~' ~2o.~' , . ~ AI.ENIIC, ~ ~KESZI.I.~R ; :: ~ ~ ~ RESIDUAD 1;I ~ ' 850 o ~ 338 i ound rr,onun',onts on the westerly iA. 2. DR. ,32, P. 77, U.C.R. ,, hereby certify that I hove e~orr, ined :! !.tap and that the subd:vlsion os [he ~.~,ne os it opf e.;s on the tentative I ulte,~t;.3ns thcreo¢ ond I further certify mformonce ~ith hue 7, Divis;on 2. ~,,,ment code, Stu',e of Colifornio. and nd I om therefore sotisGed that the ecl. ,ave hereunto ~et n,y hand on~ affixed ecernber ~1, 2000 O [] () I. Joyce A. Beard, Clerk of the Boord of Supervisors of the Cot of Idendoclno. hereby state that the bond or deposit os require He "Subdivision Mop Act', Section 66464 at 'I';tle 7 of the Code, Division 2, (commencing with Section 66410) has been fi Doted thl$~ day of 1996 Joyce A. Beard. Clerk of the Board of Supervisors By: Deputy I hereby stole thai the proof of ownership report mode by Redwood Empire Title Company this day of 1996, co,,fo,','¥ts to the provisions of the Subdivision Mop Act. Llorsha A. Young, County Recorder IJendocino Count),. Colilornio Found t/Z' iron p;p~ plugged RCE 1779~ Record dote per Ce.2. 0r.37. P.67. t4.C.R. Record dote per Co.2. Dr.32. P.77. ~.C.R. ~ecord dele pe¢' Bk. 20~O. O.R.. Pg 6. IJ.C.R. I0' e~,.orncnt for public 20' e. 3~ement for public utilities per Bk...~.~l_. O.R., Pg ._G_O_~. M.C.R. 20' private rood easement o~er Parcel 2. in favor or Parcel Deputy riled this day of__ lO(. at, I_ .bi. in Llop Case .... Dro..¥er; ...... Page _. at the requ¢3t of J;~rl, h Coo,Jr;cs [,tgh~<¢rh~g Co. tlorsha A. Young, County Recorder Mend.>c;no County, California Fee: Deputy LiENDO'..)!i'-!O ,'.:OUi:.i'IY, C;\LI;-'( SI IEET 1 OF 1 CA~. DR/ PAC .. RECORDING REQUESTED BY: City Clerk - City of Ukiah AND WHEN RECORDED MAIL TO: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 000203?4 Rec:o'cded at the -cequest of C I T Y 0 F [J I/, I I."4 I--I Bool..'. 23~:$:1. g'age 602 1,:/17/1.996 09 Fee: $0.00 No of [-:'ages:5 0 F F I C ICl I_ I;: E C 0 R D S MEIqI)OCINO [;OUNTY CAILIF Mf4RSH~ ~. YOUNG~ RECORI)Ii:F;: Docu,nent transfer Tax $0.00 ~,{.t/W £ Signature of Cit5 of UkiM~ ~gent determining GRANT OF EASEMENT PAID ['CO FILED Exempt Gary Rene Keszler and Janice Marlene Keszler, husband and wife as Joint Tenants, ("GRANTORS"), do hereby grant to the City of Ukiah, a Municipal Corporation, ("GRANTEE"), its successors and assigns forever, a non-exclusive easement for public storm drain and public utility purposes, over, under, and through land situated in the City of Ukiah, Mendocino County, California, owned by Grantor and which is described as follows: ALL THAT CERTAIN REAL PROPERTY situated in the County of Mendocino, State of California, more particularly described in Exhibit "A" hereto and made a part hereof. Said grant of easement includes the right to use, construct, repair, maintain, and inspect public stoma drain facilities and public utilities including, but not limited to, water lines, sewer lines, stoma drains, electric power, street lights, and communication lines, poles and appurtenances; and the right to erect, maintain, and replace signs and markers wanting of the location of said facilities and utilities; and the right to survey within said easement and to place or replace surveying stakes and monmnents of a permanent nature therein. Grantor(s) shall not obstruct or conduct any operation which will interfere with the use of such easement for the purposes as set forth herein. Dated: /Z_ /~-~ ~~ __~ ~.~ Grantor / ,. . EXHIBIT "A" All that real property situated in Lot 5 of Perkins Addition to the City of Ukiah as filed in Deed Book 3, Page 376, Mendocino County Records, State of California, more particularly described as follows: A 20-foot strip of land lying westerly of and adjacent to the following described line: Beginning at a 1/2-inch pipe at the southwest corner of "Parcel 1" as shown on a map filed in Map Case 2, Drawer 32, Page 77, Mendocino County Records; thence N 11°41'30'' W, 179.11 feet. 0 O~ o ACKNOWLEDGMENT State of California County of On appeared , before me,~0_tOfl ,~'.PJ'L-~ Notary Public, .3 ', ca_ mo. Ee z. le.c personally [] personally known to me -- OR -- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures 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. OFFICIAL SEAL - 1103398 DAWN SENFTEN NOTARY PUBLIC- CALIF. COUN~ OF MEND~INO My Comm. Exp. Se~. 17, 2000 · "' Z:.? .~'~'~',~ DAWN SENFTEN L;' :'3':'~~'1 NOTARY PUBLIC-CALIF. q' "-i ?_e~.~..g~.'~TJ COUNTY OF MENDOC, INO ~'i '~ MyComm Exp Sept ............................. OPTIONAL ........................ Though Statute does not require the Notary to fill in the data below, doing so may prove valuable to persons relying on the document. DESCRIPTION OF ATTACHED DOCUMENT: , Title or Type of Document: ~n4- O( ~a~-t Document Date: Number of Pages: Signer(s) Other Than Named Above: CAPACITY CLAIMED BY SIGNER: CAPACITY CLAIMED BY SIGNER: Signer's Nmne: Signer's Name: [] Individual [] Corporate Officer(s) [] Individual [] Corporate Officer(s) Title(s) [] Partner - [] Limited [] General [] Attorney-in-Fact [] Trustee(s) [] Guardian [] Other: Title(s) [] Partner- [] Limited [] General [] Attomey-in-Fact [] Trustee(s) [] Guardian El Other: 0 o SIGNER IS REPRESENTING: Person(s) or Entity(ies) SIGNER IS REPRESENTING: Person(s) or Entity(ies) 0 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated Be ¢ _e' Nh b~.. f ~9,~ ]C~Q ~ from Gary Rene Keszler and Janice Marlene Keszler to the City of Ukiah, general law municipal corporation is hereby accepted by order of the undersigned officer of the City Council pursuant to authority conferred by resolution of the City Council adopted on February 1, 1961 and the grantee consents to recordation thereof by its duly authorized officer. 0 0 0 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ /':/r_~"'~t~)~ COMM. · 1047813 Z · ~~/ MEND~INO COU~ ~ ~ ~ My Comm. E~ires DEC 26. 1~8 ~ State of R~---~ /,"~:~f~ iC~ County of ,./~. _~_~,//~-~(~)~ ~ Dale Name and ~tle of ~icer ~.g., 'Jane Doe, No~blic") personally appeared ~J~~.. ~ ~/~, , (s) of Signer(s) ~rsonally known to me - OR - ~ proved to me on the basis of satisfactow evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. ~ Sign~blic ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~/'"'c~7/~."7L ~ ¢ ~'~'~',~ ~ Document Date: ,) ~ - ~-~ -- ?/-~ Number of Pages: Signer(s) Other Than Named Above: ~Y~H ~ ~ ~-- ~ ~--/~__J~ ~"'~-.-..'Z ,I. '1(~2~ ~Q, ,~....%Z-./~--_.r- Capacity(les) Claimed by Signer(s) Signer's Name: ~'C-'~/~~_t2 ~~'~/~4 [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator Eib'Other: ~__.~ ,~ ,/'~._'~~,.~'" Top of thumb here Signer Is Representing: 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 0 0 o 1994 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 RECORDING REQUESTED BY: City Clerk - City of Ukiah AND WHEN RECORDED MAIL TO: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Document transfer Tax $0.00 Signature of.~ agent determining tax 000139 J. 5 Recorded at the reclue~.~t of I--IRST AMERICAN TITI..F~ CO Book 2438 Page '76 08/20/1997 ()~4:23P Fee: $0.00 No of Par. l~'.,s:6 0 F F I C I A I... R E C 0 R I) S Mfi:NI) OCINO COUNTY CALIF' ~,',,,c, eur-, r', Vnl Ildf.'l. GRANT OF EASEMENT FILED John P. Valentic and Patricia A. Valentic, as Trustees of the Valentic Family Trust, and Gary Rene Keszler and Janice Marlene Keszler, husband and wife as joint tenants, ("GRANTORS") do hereby grant to the City of Ukiah, a Municipal Corporation, ("GRANTEE"), its successors and assigns forever, a non- exclusive easement for public utility purposes, over, under, and through land situated in the City of Ukiah, Mendocino County, California, owned by Grantor and which is described as follows: ALL THAT CERTAIN REAL PROPERTY situated in the County of Mendocino, State of California, more particularly described in Exhibit "A" hereto and made a part hereof. Said grant ofease~nent includes tile right to use, construct, reconstruct, repair, maintain, and inspect public utilities including, but not limited to, electric power and communication lines; and the right to erect, maintain, and replace signs and markers warning of the location of'said facilities and utilities; and tile right to survey within said easement and to place or replace surveying stakes and monuments of a permanent nature therein. Grantors shall not obstruct or conduct any operation which will interfere with the use of such easement for the purposes as set forth herein. Dated: Dated: Dated: Dated' F-//' ~7,;7 John P.~CsJentic, Trustee ' Grantor Patricia A. Valentic, Trustee Grantor ?~ary- Re,}~eszler Grast~J- EXHIBIT "A" (Utility Easement) That portion of Lot 5 of Perkins Addition to the City of Ukiah, Filed in Deed Book 3, Page 376, Mendocino County Records more particularly described as follows: A 10-foot wide easement centered on the lines described as follows: Commencing at a 1/2" iron pipe plugged RCE 17796 marking the southeast corner of Parcel 2 as shown on the Parcel Map ofM. S. 96-03 as recorded in Case 2, Drawer 63, Page 37, Mendocino County Records; thence along the southerly boundary of said Parcel 2 S78 ° 18'30"W, 2.79 feet to the True Point of Beginning of this description; thence N11 °41'30"W, 163.11 feet to Point "A"; thence N11 °41'30"W, 81.00 feet. And from Point "A" N78° 18'30"E, 14.79 feet. CERTIFICATE OF ACCEPTANCE This is to certify that tile interest in real property conveyed by tile deed or grant dated ~ ~ I{,- e7 '~ from JohnP. Valentic and PatriciaA. Valentic, asTrustees ofthe Valentic Family Trust, and Gary Rene Keszler and Janice Marlene Keszler, husband and wife as joint tenants, to the City of Ukiah, a political corporation and/or governmental agency is hereby accepted by order of the undersigned officer on behalf of the City Council pursuant to authority conferred by resolution of the City Council adopted on February 1, 1961, and the grantee consents to recordation thereof by its duly authorized officer. R..$ M R -zo 4? STATE OF CALIFORNIA COUNTY OF/¢y~¢¢./~ On~z~4 ,~¢ /9¢~' , before me, _/'2¢/¢/'~,,~,,',,'~ '~~z~~ , '¢' d personally appeared ...~¢/~ 2~. /..,,2,,¢/__,~/-/7-'/~ /_~~ ,7'2 ¢_., ........... personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 n-~~~\ MARILYNBUZZARD ~Z {.Jl-',~..~"~'l~',a'~J NOTARY PUBLIC - CALIF ..,, Z \'~~/ coum~'OF ~E.OOC~ -0 M ~ (This area for official notarial seal) Title of Document Date of Document Other signatures not acknowledged No. of Pages 3008 (1/94) (Ger,eral) Firbt Ainori~;a~ T~tlr: h~ura~,c.e AMER STATE OF CALIFORNIA COUNTY OF /'22~/Dt9~ personally appeared ......... , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. _ ' -- -~,..4,20D0 (This area for official notarial seal) Title of Document Date of Document Other signatures not acknowledged No. of Pages 3008 (1 94) (General) FI,~;I Am.::i~:,,n Ti.h, Ir~:,~l,c~; C,J,:~;, ,~, - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COMM. ~ 1047813 ,~, MEN~INO COU~ ~ Comm. E~r~ DEC 2~, I~ ~ State of County of On ~'-' ¢;~.~ -~;~ '7 before me, Date N me and ~tle of Officer (e.g., "Jane Doe, Not~blic") personally appeared ~~" ~~ ~ , ~ Nam~ner(s) personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their 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. Sign~.~f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~-.~~ Document Date: Number of Pages: Signer(s) Other Than Named Above~/~ )0. Capacity(les) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] G uardian/qr,Conse~vator [~K/Other: ~~ Signer Is Representing: 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 © 1994 National Notary Association · 8236 Rernmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 RECORDING REQUESTED BY: City Clerk - City of Ukiah AND WHEN RECORDED MAIL TO: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Rec:o'rded at; the 'requet.",t of CITY 01"- tJKIAH BooI.:. [?.381. [.:'a[le t~,07 .1.;.~/:1.7/:1.9960'.]". :;:':lt:-~ F' e e .- $ O. O 0 I,I o o 'f" I:.:' a .L'I e ~; ". ,"5 O Iz F" I C I A L R ["_' C 0 I1: D ,~i; I"IENI)OCII, II3 COIJN'I"Y CI:.'II..IF I'1 ¢21F,: S H PI 121. Y O I.J I,I G, R E C O R D i-:.' I:;: Document transfer Tax $0.00 ~'~'~/~',:- /~ ~ '~/,~,,,/P/~ Signature of Cia--y/of Ukiah agent determining tax $20.0~ PAID ,, PCO GRANT OF EASEMENT FILED '~ Exempi~ Gary Rene Keszler and Janice Marlene Keszler, husband and wife as Joint Tenants, ("GRANTORS"), do hereby grant to the City of Ukiah, a Municipal Corporation, ("GRANTEE"), its successors and assigns forever, a non-exclusive easement for public street, street appurtenances, public storm drain and public utility purposes, over, under, and through land situated in the City of Ukiah, Mendocino County, California, o~vned by Grantor and which is described as follows: ALL THAT CERTAIN REAL PROPERTY situated in the County of Mendocino, State of California, more particularly described in Exhibit "A" hereto and made a part hereof. Said grant of easement includes the right to use, construct, repair, maintain, and inspect public street, street appurtenances, public storm drain facilities and public utilities including, but not limited to, water lines, sewer lines, storm drains, electric power, street lights, and communication lines, poles and appurtenances; and the right to erect, maintain, and replace signs and markers warning of the location of said facilities and utilities; and the right to survey within said easement and to place or replace surveying stakes and monuments of a permanent nature therein. Grantor(s) shall not obstruct or conduct any operation which will interfere with the use of such easement for the purposes as set forth herein. Dated: /,~ ' / c/- ~rantor c"q ~ r 7 /" ~ /fi_c' ~y/(~- EXHIBIT "A" All that real property situated in Lot 5 of Perkins Addition to the City of Ukiah as filed in Deed Book 3, Page 376, Mendocino County Records, State of California, more particularly described as follows: A 10-foot strip of land lying northerly and adjacent to the following described line' Beginning at a 1/2-inch pipe at the southwest corner of "Parcel 1" as shown on a map filed in Map Case 2, Drawer 32, Page 77, Mendocino County Records; thence S 78018'30'' W, 70.00 feet. 0 0 ~.. ACKNOWLEDGMENT State of California ) ) ss. . - County of ~.erl~)~ C' D personally ~om to me -- OR -- ~ pmv~ to me on ~e b~is of safisfacm~ eviden~ to ~ ~e ~rson(s) whose nme(s) is/~e subscfib~ m ~e wi~ ~ment ~d ~owled~ m me ~at he/she/th~ ex~uted ~e sine ~ ~s~er/~eir au~o~ capaci~(ies), ~d ~at by ~s~er/~eir si~at~es on ~e ~ment ~e ~rson(s), or ~e enfi~ u~n beh~f of w~ch ~e ~rson(s) act~, ex~ut~ ~e i~ent. VVTFNESS my hand and official seal. OPTIONAL Though Statute does not require the Notaxy to fill in the dala below, doing so may prove valuable to persons relying on the document. OFFICIAL SEAL- 1103398 DAWN SENFTEN My Comm. Exp Sept. 17, 2000 DESCRIPTION OF ATTACHED DOCUMENT: Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: CAPACITY CLAIMED BY SIGNER: CAPACITY CLAIMED BY SIGNER: Signer's Name: Signer's Name: [] Individual [] Corporate Officer(s) [] Individual [] Corporate Officer(s) Title(s) [] Partner - [] Limited [] General [] Attorney-in-Fact [] Tmstee4s) [] Guardian [] Other: Title(s) [] Partner - [] Limited [] General [] Attorney-in-Fact [] Trustee(s) [] Guardian [] Other: SIGNER IS REPRESENTING: Person(s) or Entity(ies) SIGNER IS REPRESENTING: Person(s) or Entity(ies) o u~ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated / ~- {~ '-c~ (~ from Gary Rene Keszler and Janice Marlene Keszler to the City of Ukiah, general law municipal corporation is hereby accepted by order of the undersigned officer of the City Council pursuant to authority conferred by resolution of the City Council adopted on February 1, 1961 and the grantee consents to recordation thereof by its duly authorized officer. 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COMM. ~ 1047813 z MENDOCINO COUN~ F Corem, E~ires DEC 25. ]~8 ~ State of (~-~)'t'~)~"J")t' ;~ County of On~e'~/~'~kr/~J/~beforeme'DaleNameand~tleof~er(e.~'~n~D~ot~ub,¢ ' - ' personally appeared F.~q'~C~. ~/~ , ...... ' ' ' ~ ~e(s) of Signer(s) ~ersonally known to me - OR - ~ proved to me on th~' basis of satisfacto~ evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their 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, Si~l~'e of Notary Public OPTIONAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~.~ ~_t'~ J L'~L ~)¢ Document Date: /~- ~ --? ~ Number of Pages: f"/ Signer(s) Other Than Named Above: /'---~1~ f~[.~_ ~::~Z_-/~..~ k.,Tc~t/J i0__.,4~ ./"~,, Capacity(les) Claimed by Signer(s) Signer's Name: Ca [] Individual [] Corporate Officer Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee []Guardian or, Conservator I~/Other: ~_/~_~ /'~,,-,~t,"~''- Top of thumb here Signer Is Representing: 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 © 1994 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827 ITEM NO. 5d DATE: May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO RINEHART OIL, INC. FOR SUPPLY OF PETROLEUM PRODUCTS FOR CITY FACILITIES IN THE AMOUNT OF $22,370.98 SUMMARY: The City distributed bid documents to 5 petroleum jobbers to provide fuel to various City facilities. The City publicly advertised this bid in the Ukiah Daily Journal on April 17, 1998 and April 24, 1998. Two sealed bids were received and opened by the City Clerk on May 12, 1998. The lowest responsive, responsible bidder is Rinehart Oil, Inc. of Ukiah, California with a total bid of $22,370.98. The bid package indicates an estimated quantity of red-dyed (off-highway) diesel fuel to be burned during a one year period at the solid waste disposal site, the civic center (auxiliary generator), the water treatment plant, the wastewater treatment plant, and well no. 4. The price of fuel purchased under this bid will fluctuate with the average fuel rate per gallon as listed on the Oil Price Information Service (OPIS) for the San Francisco region. The OPIS rate for the week of April 2, 1998 was used as a base price for bidding purposes, continued on page 2 RECOMMENDED ACTION: Award the bid to Rinehart Oil, Inc. to provide petroleum products to the City for a one-year period. The estimated dollar amount of the fuel purchase is $22,370.98. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re- advertise for bids. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: various (if budgeted) Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager '~r Rick Kennedy, Director of Public Works/City Engineer 1. FY 1997/1998 budget sheet Candace Horsley, Ci~/Manager RJS:AGDIESL2.SUM PAGE 2 AWARD OF BID TO RINEHART OIL, INC. FOR SUPPLY OF PETROLEUM PRODUCTS FOR CITY FACILITIES IN THE AMOUNT OF $22,370.98 MAY 20, 1998 The petroleum jobber's markup price will not change throughout the duration of the contract. Please refer to the bid tabulation below (which does not include taxes) for a comparison of the bids. The City, as end user, will pay all applicable taxes. Fuel purchased through this bid is either for landfill equipment or stationary equipment and therefore would not be purchased through a card lock facility. The total diesel fuel usage at the aforementioned facilities is 32,300 gallons per year. The solid waste disposal site is the single largest consumer of diesel fuel at 30,000 gallons per year. Diesel Fuel Bid Tabulation Estimated Quantity OPIS Base pdce Fuel Vendor's Vendor Specification (gallons) (fixed for week of Mark-up Pdce TOTAL PRICE (per gallon; April 2, 1998) (includes freight) not including taxes or fees) TOTAL COST (A) (B) (C) (D) = (B) * (C) (E) = (D) X (A) DIESEL FUEL, Rinehart Oil Inc. OFF-HIGHWAY, Ukiah, CA CA ARB No. 2, 32,300 $0.5926 $0.10 $0.6926 $22,370.98 Red-Dyed DIESEL FUEL, Redwood Oil Co. OFF-HIGHWAY, Ukiah, CA CA ARB No. 2, 32,300 $0.5926 $0.132 $0.7246 $23,404.58 Red -Dyed The above bids do not include applicable taxes. ~000 ~00 000000 000000 ~0~00 C O0 ITEM NO. DATE: May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR HIGH VOLTAGE LINE CLEARING AND TREE TRIMMING AT VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH TO FAMILY TREE SERVICE IN AN AMOUNT NOT TO EXCEED $15,000. Bid packages were sent to nine tree trimming contractors. Three bids were returned and opened by the City Clerk on April 18, 1998 at 2:00 p.m. Bids were based on an hourly rate for a three person crew. Following is a summary of the bid responses: Family Tree Service Marvins Gardens Davey Tree Surgery $80.00 per hour $150.00 per hour No Bid Family Tree has provided all required documentation to verify high voltage line cleating experience as required in the bid packages. The appropriate insurance has been provided. Therefore, staff recommends that the bid be awarded to Family Tree Service in an amount not to exceed $15,000. RECOMMENDED ACTION: Award bid for high voltage line clearing and tree trimming at various locations within the City of Ukiah to Family Tree Service in an amount not to exceed $15,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids. Acct. No. (if not budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor I': Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Acct. No.: 800-3728-250-000 ir---% Candace Horsley, City ~anager 5f Item No. Date: May 20; 1998 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Execute Letter of Agreement 98-SNR-41 with the Sierra Nevada Region of the Western Area Power Administration for the Purchase of Excess Capacity and Energy. REPORT: At the April 15, 1998 City Council Meeting, the City Manager was authorized to execute Letter of Agreement 98-SNR-25 for the purpose of the Sierra Nevada Region of the Western Area Power Administration to provide firm and contingent excess capacity and associated energy to the City of Ukiah. This agreement had no provisions for curtailment due to forced outage situations. As a result, Western is requesting that a new Letter of Agreement 98-SNR-41 be executed, that includes provisions related to their ability to curtail supply during emergency conditions, such as the outage of a generating facility or the unavailability of transmission capacity. Should the City of Ukiah not receive our scheduled amount of capacity and energy due to a curtailment, the City will be able to reschedule the capacity and energy at a later date. Since this capacity and energy will be utilized as base load generation, the time of scheduling is not critical to the City. Execution of this Letter of Agreement 98-SNR-41 will replace Agreement 98-SNR-25. As outlined in the April 15th staff report, this Agreement will end on October 1, 1998. Purchase of this capacity and energy should reduce our power cost during this period by approximately $20,000 per month. Therefore, staff recommends that this Letter of Agreement be executed with the Sierra Nevada Region of the Western Area Power Administration. RECOMMENDED ACTION: Authorize the City Manager to Execute Letter of Agreement 98-SNR-41 with the Sierra Nevada Region of the Western Area Power Administration for the Purchase of Excess Capacity and Energy. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Letter of Agreement 98-SNR-41. Candace Horsley, City ~.anager Department of Energy western Area Power Administration Sierra Nevada Customer Service Region 114 Parkshore Drive Folsom, California 95630-4710 APR 30 1998 Letter of Agreement 98-SNR-41 Mr. Darryl Barnes Public Utilities Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Barnes: This Letter of Agreement 98-SNR-41 is made between the Sierra Nevada Customer Service Region of the Western Area Power Administration and the City of Ukiah for the purpose of the Sierra Nevada Region providing firm and contingent excess capacity and associated energy to the City of Ukiah. The Sierra Nevada Region and the City of Ukiah agree to the following terms and conditions: o , This Letter of Agreement shall become effective on May 1, 1998, and shall remain in effect through September 30, 1998. All obligations incurred under this Letter of Agreement shall be preserved until satisfied. Upon becoming effective, this Letter of Agreement shall terminate and supersede the previous Letter of Agreement 98-SNR-25 for excess capacity and associated energy between the City of Ukiah and the Sierra Nevada Region. 3. Excess capacity and associated energy shall be made available, as follows: 3.1 The City of Ukiah will be allocated an amount of firm excess capacity on a monthly basis, as set forth in Exhibit A. In the event the Sierra Nevada Region is unable to provide the firm excess capacity scheduled by the City of Ukiah due to the loss of one or more generating units, and after all contingent excess capacity has been curtailed, the Sierra Nevada Region will immediately notify the City of Ukiah, and the City of Ukiah will have not less than one (1) hour to acquire resources or shed load as needed to replace the firm excess capacity curtailed. In the event of a curtailment of firm excess capacity by the Sierra Nevada Region, then the City of Ukiah may, at its option, request the Letter of Agreement 98-SNR-41 . Sierra Nevada Region to replace the firm excess capacity and associated energy. The Sierra Nevada Region will make best efforts to replace the firm excess capacity, at a pass-through cost to the City of Ukiah. If agreed to by the Sierra Nevada Region, the City of Ukiah may reschedule the amount of energy curtailed at a later time during the same month. 3.2 Each month during the term of this Letter of Agreement, the City of Ukiah will have the opportunity to commit to purchase contingent excess capacity in an amount not to exceed the balance of their unmet expected peak load after adjustment for their contract rate of delivery and allocation of firm excess capacity from the Sierra Nevada Region. Such commitments must be made to the Sierra Nevada Region by the 20th day of each month to be effective for the follmving month. Each month a commitment to contingent excess capacity is made, Exhibit A will be revised to reflect the commitment for that month. On Thursday of each week, or Wednesday if the following Friday is a Federal holiday, the Sierra Nevada Region's pre-schedulers will notify the City of Ukiah's authorized representative of the a~nount of contingent excess capacity the City of Ukiah may schedule for the following week (Monday through Sunday). Contingent excess capacity may be curtailed in the event of an outage of one or more Central Valley Project generating units affecting the Sierra Nevada Region's ability to provide some or all of the excess capacity and associated energy for the duration of the outage, or may be curtailed in the event of increased project use pumping which reduces the amount of excess capacity and associated energy available. Contingent excess capacity may also be curtailed in the event of a reduction in transmission capability on the California-Oregon Intertie affecting the Sierra Nevada Region's ability to import power from the Northwest. The Sierra Nevada Region will provide immediate notice to the City of Ukiah of a curtailment, and the City of Ukiah will have until the next scheduling hour to acquire resources or shed load as needed to replace the contingent excess capacity curtailed. The City of Ukiah may schedule up to the total amount of firm and contingent excess capacity as set forth in Exhibit A attached hereto; Provided, That the energy scheduled with excess capacity shall not reduce the minimum annual energy entitlement requirements or 35 percent maximum coincident allocation scheduling requirements under Scheduling Contract DE-MO65-85WP59098 between the Northern California Power Agency (the City of Ukiah's scheduling agent) and the Sierra Nevada Region. 4.1 Energy associated with firm excess capacity may be scheduled at no more than a monthly capacity factor of 60 percent. 4.2 Energy associated with contingent excess capacity may be scheduled up to a weekly capacity factor of 50 percent, or more as agreed to by the Sierra Nevada Region. Page 2 Letter of Agreement 98-SNR-41 . The Sierra Nevada Region's authorized representative for scheduling transactions shall be its pre-schedulers, who can be contacted at (916) 353-4091. For real-time transactions, the Sierra Nevada Region's authorized representative shall be its dispatchers, who can be contacted at (916) 353-2200. The authorized representative for the City of Ukiah shall be its scheduling agent (Northern California Power Agency), who can be contacted at (916) 781-4281. , Firm and contingent excess capacity will be scheduled by 9:00 a.m. on the business day (Monday through Friday, excluding Federal holidays) before the schedule is to take place, in accordance with Section 4 above. Once scheduled, any changes to scheduled quantities must be agreed to by the Sierra Nevada Region. o Excess Capacity and associated energy will be delivered to the point of delivery designated in Exhibit B attached hereto. Transmission service beyond the point of delivery shall be the responsibility of the City of Ukiah. , The rate the Sierra Nevada Region will charge the City of Ukiah for the excess capacity and associated energy provided hereunder is listed in Exhibit C attached hereto. The City of Ukiah shall be obligated to pay for its allocation of finn excess capacity at a 50 percent monthly capacity factor, whether or not the firm excess capacity is actually scheduled. Any energy scheduled with firm excess capacity above a 50 percent monthly capacity factor will be billed based on the scheduled amount. In the event of a curtailment of firm excess capacity by the Sierra Nevada Region, and the Sierra Nevada Region cannot provide the energy at a later time during that month or does not replace the energy pursuant to Paragraph 3.1, then the Sierra Nevada Region will not bill the City of Ukiah for the amount of energy curtailed. 10. The City of Ukiah shall be obligated to pay for the amount of contingent excess capacity it is offered each week, at a 50 percent weekly capacity factor, up to the amount the City of Ukiah has committed to purchase during that particular month, whether or not the contingent excess capacity is actually scheduled. Any energy scheduled with contingent excess capacity above a 50 percent capacity factor will be billed based on the scheduled amount. In the event of a curtaihnent of contingent excess capacity by the Sierra Nevada Region, the City of Ukiah will be required to pay for only that amount of contingent energy actually received during a particular week. 11. Billing and payment for excess capacity and associated energy provided pursuant to this Letter of Agreement shall be in accordance with the Billing and Payment provisions of the General Power Contract Provisions attached hereto and made a part hereof, unless otherwise specified in Section 13. Bills shall be sent to the City of Ukiah at the following address: Page 3 Letter of Agreement 98-SNR-41 12. City of Ukiah Public Utilities Atm: Accounts Payable 300 Seminary Avenue Ukiah, CA 95482 In order to ensure the Sierra Nevada Region's ability to continue· to provide reliable, firm electric service, to all of its preference customers, the City of Ukiah hereby agrees to pay all or a portion of its bill under this Letter of Agreement, as described herein, directly to the Sierfa Nevada Region's power suppliers. 12.1 12.2 12.3 The City of Ukiah and the Sierra Nevada Region agree that the 'City of Ukiah assUmes no Obligation to the specified power supplier for such payments and that such payments are made as an administrative and accounting accommodation to the Sierra Nevada Region. The City of Uldah and the Sierra Nevada Region further agree that all obligations for supply' of the City of Ukiah's excess capacity allocation from the Sierra Nevada Region remain with the Sierra Nevada Region. The..Sierra Nevada Region shall determine the amount.of the City of Ukiah's bill to be paid to a power supplier. Such amount shall be 'deducted from the City of Ukiah's bill, and in no event shall the City of. Ukiah be obligated to pay'an amOunt under this Letter of Agreement in excess of its bill, based on scheduled or actual use quantities of excess capacity and associated energy. Any refusal to pay a power supplier in the time period specified on the City of Ukiah's bill. shall constitute nonpa)nnent of a portion of the City of Ukiah's bill and :shall'be subject to the General Power Contract Provisions of this Letter of Agreement for nonpa)nnent of bills in full when due. 12.4 Agreement by the City of Ukiah to pay a portion of the 'Sierra Nevada Regi. on'i. power purchase contract obligations Shall not'be contingent upon Congress making appropriations for expenditures by the Western Area Power AdministratiOn for such power purchase contract. 13. Payments for excess capacity shall be made, as follows: 13.1 Payments':are due and payable by the City of Ukiah before the close of business on'the twentieth (20th) calendar'day after the date of issuance, or postmark if. it is later, of each bill. The bill will be due the next business day thereafter if Said day is a Saturday, Sunday, or Federal holiday. 13.2 In accordance with Paragraph 12.2 above, the Sierra Nevada RegiOn shall notify the City of Ukiah of the power supplier, amount to be paid to that power supplier, and all other neCessary information by specifying, that inf0nnation on the City of Ukiah'S bill. . Page 4 Letter of Agreement 98-SNR-41 14. 15. 13.3 The City of Ukiah shall pay to the designated power supplier the amount due within the time period specified for pa)nnent on its bill. 13.4 Payments shall be made to the power supplier by an electronic transfer of funds or check, at the option of the City of Ukiah, unless otherwise agreed between the Sierra Nevada Region and the City of Uldah. Documentation of payments shall be sent to the Sierra Nevada Region as soon as practicable. 13.5 Payments due to the Western Area Power Administration may be wired for electronic transfer deposit to the Western Area Power Administration's sub- account (American Bank Association No. 021030004, Subtype 10) of the Treasury Department's account with the Federal Reserve Bank in New York City, (BNF = AC-89001602), account number information is to be sent with the bill. Payments may also be sent in check form to the following address: Department of Energy Western Area Power Administration File No. 51587 Post Office Box 60000 San Francisco, California 94160-1580 13.6 If agreed to by the City of Ukiah and the Sierra Nevada Region, the Sierra Nevada Region may credit monthly amounts due the City of Ukiah for power sold to the Sierra Nevada Region under various contracts it may have for purchasing power from the City of Uldah against the amounts due to the Sierra Nevada Region under this Letter of Agreement. In the event the amount due by the City of Ukiah to the Sierra Nevada Region is less than the amount owed by the Sierra Nevada Region to the City of Ukiah, then the Sierra Nevada Region shall pay the difference to the City of Uldah. In the event the amount due by the Sierra Nevada Region to the City of Ukiah under those purchase power contracts is less than the amount owed by the City of Ukiah to the Sierra Nevada Region under this Letter of Agreement, then the City of Ukiah shall pay the difference to the Sierra Nevada Region. The allocation of excess capacity and associated energy, point(s) of delivery, and rate for excess capacity and associated energy are set forth in Exhibits A, B, and C, respectively. Exhibits A, B, and C are attached hereto, and each shall be in force and effect in accordance with its terms until superseded by a subsequent Exhibit A, B, and/or C, or termination of this Letter of Agreement. The General Power Contract Provisions effective August 15, 1995, attached hereto, are hereby made a part of the Letter of Agreement the same as if they had been expressly set forth herein; Provided, That Articles 20 through 30 shall not apply. Page 5 Letter of Agreement 98-SNR-41 If you are in agreement with the terms and conditions written above, please indicate your approval by signing and dating both originals of this Letter of Agreement and return one to Peggy Muir (N6205) at this office. If you have any questions, please contact Sandee Peebles at (916) 353-4454. Sincerely, Regional Manager In Duplicate City of Ukiah By: Title: Address: Date: Page 6 Exhibit A City of Ukiah Letter of Agreement 98-SNR-41 o EXHIBIT A (Allocation of Excess Capacity and Associated Energy) This Exhibit A, made to be effective under and as a part of Letter of Agreement 98-SNR-41, shall become effective on May 1, 1998 and shall remain in effect until superseded by another Exhibit A, or termination of this Letter of Agreement, whichever occurs first. 2. Monthly Allocations of Firm Excess Capacity and Associated Energy: During the months listed in column A below, the City of Ukiah is allocated and will be billed for the amount of firm energy listed in column B, which may be scheduled up to the maximum rate of delivery, as listed in column C. The City of Ukiah, at its option, may schedule an additional amount of firm energy up to the amount listed in column D, for a total (column B plus column D) monthly capacity factor of 60 percent, for each of the months listed in column A, at the maximum rate of delivery listed in column C. Any additional firm energy scheduled from column D will be billed as scheduled. In the event of a curtailment of finn excess capacity by the Sierra Nevada Region, then the City of Ukiah may, at its option, request the Sierra Nevada Region to replace the firm excess capacity and associated energy. The Sierra Nevada Region ~vill make best efforts to replace the firm excess capacity, at a pass-through cost to the City of Ukiah. If agreed to by the Sierra Nevada Region, the City of UMah may reschedule the amount of energy curtailed at a later time during the same month. A B C D Month Firm Energy at a Maximum Rate Additional Firm Energy 50% capacity factor of Delivery at a 10% capacity factor May 4,464,000 kWh 12,000 kW 892,800 kWh June 6,840,000 kWh 19,000 kW 1,368,000 kWh July 2,976,000 kWh 8,000 kW 595,200 kWh August 2,976,000 kWh 8,000 kW 595,200 kwh September 1,440,000 kWh 4,000 kW 288,000 kWh · 3. Monthly Commitment to Contingent Excess Capacity and Associated Energy: 3.1 During the term of this Exhibit A, when the Sierra Nevada Region determines it has contingent excess capacity available, the City of Ukiah will be allocated and may schedule its pro-rata share of contingent excess capacity on a weekly (Monday through Sunday) basis up to the monthly amounts listed below. The Page A1 Exhibit A City of Ukiah Letter of Agreement 98-SNR-41 City of Ukiah will be billed based on the a~nount of contingent excess capacity offered for a week; Except, That if such excess capacity is curtailed, said billing will be based on the amount of energy actually received by the City of Ukiah. Month Contingent Energy at a Maximum Rate 50% capacity factor of Delivery May (5/4/98 - 5/31/98) 0 kWh 0 kW June (6/1/98 - 6/28/98) kWh to be determined kW to be determined July (6/29/98 - 8/2/98) kWh to be determined kW to be determined August (8/3/98 - 8/30/98) kwh to be determined kW to be determined September (8/31/98 - 9/27/98) kWh to be determined kW to be determined 3.2 If the Sierra Nevada Region determines it has additional energy available, the City of Ukiah may schedule its contingent excess capacity at a capacity factor greater than 50 percent, if agreed to by the Sierra Nevada Region. Any additional firm energy scheduled will be billed as scheduled. In the event of a curtailment of contingent excess capacity by the Sierra Nevada Region, the City of Ukiah will be required to pay for only that amount of contingent energy actually received during a particular week. Page A2 Exhibit B City of Ukiah Letter of Agreement 98-SNR-41 . . EXHIBIT B (Point of Delivery) This Exhibit B, made to be effective under and as a part of Letter of Agreement 98-SNR-41, shall become effective on May 1, 1998, and shall remain in effect until superseded by another Exhibit B or upon termination of this Letter of Agreement. The Sierra Nevada Region, under terms and conditions stipulated in this Letter of Agreement, will furnish excess capacity to the City of Ukiah from and after the date of initial service as defined in Exhibit A to the Tracy 230-kV Switchyard at a delivery voltage of 230 kV. Page B1 Exhibit C City of Ukiah Letter of Agreement 98-SNR-41 , o . EXHIBIT C (Rate for Excess Capacity and Associated Energy) This Exhibit C, made to be effective under and as a part of Letter of Agreement 98-SNR-41, shall become effective on May 1, 1998, and shall remain in effect until superseded by another Exhibit C or upon termination of this Letter of Agreement. The composite rate for firm and contingent excess capacity and associated energy will be 16.35 mills per kilowatthour, and includes the cost of transmission over the Central Valley Project transmission system. The City of Ukiah shall be obligated to pay for its allocation of firm excess capacity and associated energy at a 50 percent capacity factor, whether or not the firm excess capacity is actually scheduled; Except, That in the event of a curtaihnent of firm excess capacity by the Sierra Nevada Region, and if the Sierra Nevada Region cannot provide the energy at a later time during that month or does not replace the energy pursuant to Paragraph 3.1, then the Sierra Nevada Region will not bill the City of Ukiah for the amount of energy curtailed. If the City of Ukiah requests that the Sierra Nevada Region provide replacement power, such power will be billed at a pass- through cost to the City of Ukiah. The City of Ukiah shall be obligated to pay for the amount of contingent excess capacity and associated energy it is offered for a week, up to the amount the City of Ukiah committed to purchase during that particular month, whether or not the contingent excess capacity is actually scheduled. In the event of a curtailment of contingent excess capacity, the City of Ukiah will be required to pay for only that amount of contingent energy actually received during a particular week. Any additional firm or contingent energy scheduled by the City of UMah will be billed as scheduled. In the event of a curtailment of firm or contingent excess capacity by the Sierra Nevada Region, the City of Ukiah will be required to pay for only that amount of additional energy actually received during a particular month for firm energy or during a particular week for contingent energy. The primary factor in determining this rate is the Sierra Nevada Region's rate for deposits into the Pacific Gas & Electric Company's Energy Account 2. The Energy Account 2 deposit rate is scheduled for evaluation in June 1998. The Sierra Nevada Region reserves the right to revise this Exhibit C should the Energy Account 2 deposit rate be revised during the term of this Letter of Agreement. Page C1 ITEM NO. 5g DATE: MAY 20, 1998 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION FOR MAYOR TO SIGN LETTERS OF OPPOSITION TO STATE LEGISLATURE EFFORTS TO REPEAL VEHICLE LICENSE FEES The State legislature is attempting to repeal the Vehicle License Fee (VLF), a major source of revenue for local governments. AB 1776 and ACA 45 (McClintock), SB 2001 and 1998 (Hurtt), SB 1723 (Haynes) all propose to repeal the fee which was created in 1935 and reserved as a local revenue source by the electorate in 1987 as Proposition 47. Statewide this fee generates approximately $4 billion, $1.2 billion of which flows to cities. Within the City of Ukiah, this is the second largest general fund revenue ($600,000+), eclipsing property tax by almost $100,000. These legislative proposals suggest a backfill from the State general fund, but that, as we have seen recently, is easily manipulated and generally forgotten when State finances are constrained. The VLF is an established local revenue source and should be maintained. Attached are informational items prepared by the League of Cities regrading this issue. Staff recommends the Mayor be authorized to sign letters to the Assembly and Senate expressing the City's opposition to the pending bills. RECOMMENDED ACTION: Authorize Mayor to Sign Letters of Opposition to State Legislature Efforts to Repeal Vehicle License Fees ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine letters are to be modified, identify changes, and authorize signature of revised correspondence. 2. Determine letters are not to be sent and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: N/A City Manager ~~.~.~ Michael F. Harris, Risk Manager/Budget Officer ~ Candace Horsley, City Manager 1. Draft letter to State legislators, pages 1-2. 2. Information from League of Cities regarding Vehicle License Fee repeal, pages 3-10. APPROVED: ~ ~~,.,,,, Candace Horsley, City[Manager mfh:asrcc98 0520VLF af lt iah 300 SEMIN, ARYAVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/627.'~ · FAX # 707/463-6204 · /. May 21, 1998 Dear , The City of Ukiah wishes to express its strong opposition to the current legislative efforts to repeal the Vehicle License Fee (VLF). AB 1776 and ACA 45 (McClintock), SB 1998 and 2001 (Hurtt), and SB 1723 (Haynes) all propose to eliminate this source of city and county revenue earmarked by the electorate in 1987 (Proposition 47) for local government use. Though there are proposals to "backfill" the loss from the State general fund, we know the volatility of this resource when State finances are constrained. VLF is the second largest general revenue source for the City of Ukiah. It exceeds property tax by $100,000 and is necessary to fund the basic responsibilities of local government including police, fire, roads, and parks. This single source equals 39% or 52% of our police and fire department personnel budgets respectively. Communities can not afford another taking from the State, while still being mandated to provide the required basic services to our constituents. We are aware of the program underway to institute a program of constitutionally protected local government funding mechanisms. Until this is established and methods in place to insure its implementation, no individual action should be taken. The surpluses being enjoyed by the State resulting from the recent excellent economy must be evaluated in the context of long term stability, not short term political expediency. Again the City of Ukiah strongly opposes AB 1776 and ACA 45 (McClintock), SB 1998 and 2001 (Hurtt), and SB 1723 (Haynes) and urges your "No" vote on these pieces of legislation. If we can provide any additional information or you have any questions, please contact our City Manager, Candace Horsley, (707) 463-6213. Sincerely, Sheridan Malone Mayor mfh:letter98 0521VLF "We Are Here To Serve" DISTRIBUTION LIST LETTER OF OPPOSITION TO VLF REPEAL May 21, 1998 Governor Pete Wilson State Capitol Sacramento, CA 95814 Senator MikeThompson Room 3056 State Capitol Sacramento, CA 95814 Assemblywoman Virginia Strom-Martin P.O. Box 942849 Sacramento, CA 95249-0001 Assembly Revenue and Taxation Committee members: State Capitol, Room Sacramento, CA 95814 Assemblyman Wally Knox, Chair, Room 6025 Assemblyman Nao Takasugi, Vice Chair, Room 5160 Assemblywoman Elain Alquist, Room 5144 Assemblyman Dion Aroner, Room 2163 Assemblyman Gil Cedillo, Room 5128 Assemblyman Howard Kaloogian, Room 4130 Assemblyman Mike Machado, Room 5136 Assemblyman Gray Miller, Room 4009 Assemblywoman Deborah Ortiz, Room 2148 Assemblyman Lou Papan, Room 3173 Assemblyman Charles Poochigian, Room 4102 Assemblyman Roderick Wright, Room 6012 #16-1998 May 1, 1998 Vehicle License Fees in Jeopardy -- Cities must act now! The Budget process has begun with opening shots being fired at Vehicle License Fee elimination. The Department of Finance has confirmed that the Governor is considering some form of VLF reduction as part of his May revision to the state budget. The May revise is scheduled to be unveiled on May 14th, although bits and pieces are being strategically leaked to the press. There appears to be a bigger-than-expected surplus, somewhere in the range of $1.7 to $2.5 billion in unexpected revenue growth. Local government officials find the Governor's and Legislature's consideration of a huge tax cut using local government revenue outrageous in light of still unrepaid property tax take-aways and lack of sound fiscal conditions of local agencies. Many city officials could argue that any surplus the state is seeing is entirely the result of local property tax appreciation from the property tax base shifted from local government. Be that as it may, City officials need to move now to explain to their Assembly members, Senators, and the Governor why a VLF cut is not in the best interest of the State. State officials need to know: *Return Property Tax First. Any surplus should go to repay local agencies for the loss of local property taxes before Sacramento contemplates a substantial ($3.6 billion) giveaway. Last year, 117 out of 120 legislators voted to return property taxes. Since most VLF repeal advocates in the legislature supported return of the property tax, how do they square their votes on this issue? * VLF is the third largest revenue source for cities. Used for discretionary expenditures, VLF is a critical revenue when typically 65% of a city's discretionary revenue is spent on public safety programs. An elimination of VLF for cities means approximately $780 million in cuts for police and fire services. Legislators and the Governor should be made painfully aware of the implications their vote will have on vital public safety functions. * VLF is currently constitutionally protected. The League sponsored SCA 47 (Ayala) in 1984 which restricts VLF's usage to local agencies. Anything short of this level of protection is, in essence, no protection at all. 1400 K Street Sacramento CA League of California Cities 95814 916.658.8200 fax g16.658.8240 http://www, cacitics.(~rg *VLF has traditionally been a more stable revenue source for local governments than sales and property taxes. Taking away VLF further weakens local governments' ability to cope with economic downturns. ACTION: City Officials should take the following actions immediately: 1. Develop and provide the figures to Legislators, the Press and local community groups detailing the fiscal impact of a repeal of vehicle license fees on city programs (VLF means approximately $42.00 per capita to cities in 1998-99). Remind them about the loss of past community revenues through other cuts to cities such as property taxes, cigarette taxes, etc. 2. Join with county officials (counties stand to lose well over $2.6 billion in VLF revenue) and form coalitions with community groups that will lose city and county general fund services because of the VLF cuts. Use these coalitions to strengthen communications with Legislators. 3. Mark your calendar and set aside May 27, 1998 as Local Government Day in Sacramento to convince Legislators to protect city revenues from any cuts (more information will be sent about this event). CALL NOW! While the budget won't be completed until July at the earliest, the VLF tax cut option is coming together as you read this communication. Please use police and fire personnel in your contacts with Legislators. Uniformed city employees seem to make a difference to Legislators of both parties! As this issue develops, the League will update city officials in an attempt to assist you in the best way to direct your communications with Sacramento Legislators. The 1998 legislative session just turned into one wild ride! Hang On! ........ LEGISLATIVE ACTIVITIES- . J . e . AB 2471 (Brewer). Property Tax Shift, Over and Underequity Jurisdictions. Oppose. AB 2586 (Ortiz). Emergency Medical Services: Fire Districts. Sponsor/Support. SB 1388 (Knight). Eminent Domain. General Benefits. Continental Decision Negated. Oppose. SB 1651 (Polanco). Leaf Blowers. State Preemption. Oppose. SB 2227 (Monteith). Williamson Act Lands: Clarification to Annexation Process. Pending. #16 2 5/1/98 I]5/85/98 11]: 1~ ~ 'lB 5, 1998 3'067 -> LEAGUE OF CAL CITIES 707463GZ04 Ukiah NO, 5609 · League of California Cities 1400 K Street, Suite 400 · Sacramento, California 95814 Phone: (916) 658-8200 Fax: (918) 658-8240 www.oacifie$.org May 5, 1998 URGENT LEGISLATIVE U'PDATE -- IMMEDIATE ACTION REQUESTED TO: All City Managers md City Public Information Officers Press Outreach on VLF Legislative Proposals We need your help to increase awareness among local reporters and editorial writers of current legislative efforts to repeal the Vehicle License Fee (VLF) and the devastating impact such a repeal would have on cities' fiscal stability, These legislative measures, which are detailed below, are moving very quickly. We must act now ffwe hove to influence their co~l~e and outcome. If the VLF is repealed, cities will lose $1.2 billion annually!! This is twice the amount in property tax revenue that has been shied away from cities since 1992-93 and 1993-94. ACTIO~I Specifically, we ask tMt you immediately: 1. Share thc attached fact sheet with your council members to ensure they are well informed on the issue. 2. Calculate how much your city stands to lose ifVLF is repealed and what programs and services would ~ specifically be hurt. (To easily calculate that figure, VLF is a loss to cities of approximately $42 per .?~ "7c!, ~:, ';; "O capita.) 3. Use the fact sheet and the information on how much your city would lose to brief the reporters from your local media outlets who cover city issues. 4. Arrange an editorial board visit for a group of officials from your city -- city manager, council member, police chief, fire chief, labor leader -- to discuss the issue. You may want to coordinate this with other cities in your area, 5, Use the attached sample opinion editorial -- or create an original -- for signature by one of your local officials and seek placement of it in the local newspaper(s), Current status of VLF bills · Assembly Bill 1776 (McClintock, R-Simi V~lley); Will be heard in the Assembly Revenue and Taxation Committee on Monday, May 11. · AssembI¥ Constitn0xmal Amendment_~. CA) 45 _(McQl.i. ntogkD5.' Introduced on April 29 and must wait 30 days before it can be heard in committee. · Senate .Bill 2001 (Hurtt. R-Q.a?den Grove_); Has been set for hearing in Senate Revenue and Taxation twice and canceled at the request of the author both times. · ,?~e~ateBill 1998 (HuatZ. · Set for hearing in Senate Revenue and Taxation on May 6. · Senate Bi112723 (Haynes. R-Mur. i.elta): Has been set for hearing in Senate Revenue and Taxation twice and canceled at the request of the author both times. I]5/85/98 111 ~ 14: 53 -> 707,t63620,t Ilk i~h ?~,gc 00Z MAY, 5, 1998 3:0?PM LEAGUE OF CAL CITIES NO, 5609 P, 2 · League of California Cities 1400 K Street, Suite 400 · Sacramento, California 95814 Phone: (916) 658.8200 Fax: (91{~) 658-8240 www. cacities.org Why Legislative Efforts to Eliminate the Vehicle License Fee (VLF) Will Hurt California's Communities FACT SHEET Several bills now pending in the state Legislature would repeal the vehicle license fee (VLF), They are Assembly Bill 1776 and Assembly Constitutional Amendment (ACA) 45 (McClintock, R-Simi Valley), Senate Bills 2001 and 1998 (I-Iurtt, R-Garden Grove) and Senate Bill 1723 (Haynes, R- M~rietta). The League of California Cities opposes efforts to eliminate VLF. Even proposals to provide a constitutionally protected replacement revenue source aren't enough. Until all local government revenue sources are constitutionally protected and cannot be manipulated by thc state, as outlined in thc League-sponsored ACA 42 (Aguiar, R-Ch/no), none are safe. Specifically, ACA 42 would ensure that local tax dollars stay in the community from which they came, put control over local revenues squarely in the hands of local voters and secure a base of funding that could not bc manipulated by thc state or used to pay for state programs. Background on VLF VLF is thc fee that those who own registered vehicles pay each year instead of paying local property taxes on their vehicles. It is 2% of the market value of the vehicle. The VLF is a major revenue source, expected to total nearly $4 billion in 1998-99. More than 90% of VLF goes to cities and counties and benefits the communities they serve. The state DMV receives less than 10% to cover administrative costs. · Of the $3.6 billion in VLF revenue that goes to local government, cities receive $1,2 billion or $42 per capita. The counties' portion of VLF is calculated differently. · VLF accounts for as much as 33% a city's budget and is general purpose or discretionary revenue - · that which is not earmarked for a specific purpose, This is significant because for thc average city only 35% of its budget is discretionary and must make up thc bulk of fimding for police and fire services, libraries, parks, economic development, planning, roads and other essential services, In 1986, California voters approved Proposition 47, reserving VLF revenue for local government so the state could not take it away. For that mason, VLF is not considered part of the state's general fund and is not at the discretion of state Legislators. Therefore, how it is distributed is not up for debate during budget deliberations every year nor is it the subject of the fierce competition among those who must vie for a piece of the state budget. 0~/0~/9H 1B:1~:37 -} ?O?4G3G204 Ukiah Pa~e 003 MAY, 5, 1998 3:08PM LEAGUE OF CAL CITIES NO, 5609 P, 3 Why We Oppose Efforts to Eliminate VLF _VLF is a lone-standing, voter-a _~oved local revenue source Gat primarily ben,fits oubli¢ saf~W_. · The state created the VLF in 1935 to replace the personal property tax on motor vehicles, which had been levied and collected by local governments. In 1986, California voters approved Proposition 47 and reserved VLF revenue for local government so the state could not continue to siphon its revenue to pay for state programs. · The average city spends 65% of its discretionary revenue on police and fire. That means the $1.2 billion cities will lose if the VLF is eliminated translates into a $780 million hit statewide to public safety alone. .The state's track record tells_us_we should ~Q~;,.bank on i _ts_py.omises of reyeoue backfill[ ~d protection, · The state Legislature has taken billions in local property tax dollars since the early 1990s to help the state budget overcome the effects of the recession. Since the shifts began, cities have lost a net $2.3 billion, counties a net $5.9 billion and special districts a net $1.5 billion. Within l0 - 15 years, the property tax revenue taken by the state will double in value due to strong property tax growth and a healthy economy. · The state's non-partisan Legislative Analyst's Office estimates the state's 1998-99 budget year will close with a surplus orS1.5 billion. More recent estimates calculate that figure at as much as $4 billion. Even when the state's coffers are overflowing, as they are this year, legislators are proposing to take more local government revenue instead of seriously designing ways to return or suspend the local property tax shifts -- despite past promises, · Local government is still hurting from the property tax shifts, Repealing the VLF before the property tax is returned is insult to injury. · Since the late 1970s thc state reduced or elfininated a variety of its long-standing revenue sources to cities and counties, resulting in a loss of more than $300 million a year to cities ~VLF r~rovidesmuch needed_economic dl¥¢xsit¥ to local_government. · Because the state has eliminated or reduced several historic local government revenue sources, including property taxes, thc VLF has become one of thc three most important revenue sources for cities. Ironically, it is the most stable since unlike the others -- sales and property tax -- it does not dramatically rise and fall with the state's often unpredictable economy. Good Po_l~cs Don't Equal Good PoJj,cy · With a possible $4 billion state budget surplus, proponents of the VLF bills say taxpayers should share in these good times. Then, why not refund a state tax instead of one that benefits local governments who are not enjoying those same good times? What $1,2 Billion Means to Cities The $1.2 billion cities would lose if the VLF is repealed equals: · Construction of 400 libraries · Employment of 12,000 police officers · Operation of 1,000 fire engine companies -- staffed around the clock all year · Value of 35,000 acres of developed park land 5/5/98 85185/98 18:16:21 MAY, 5, 1998 -> 7874636284 Okiah 3'08PM LEAGUE OF CAL CITIES NO, 5609 · Pa~c 884 P, 4 &4MPLE OPINION EDITORIAL (Please have one of your local elected offlcial~ author this for placement tn your local new~paper.) Local Communities Hurt in Political Game By Good politics don't equal good policy. Good politics are made of quick action, pithy sound bites and seemingly simple solutions. The name of thc game is capturing points in the next public opinion poll and votes at thc next election. It's about winners and losers. On the other hand, good policy usually requires hard work, solid research and difficult compromises. Good policy considers consequences and seeks a balanced, fair and workable solution to sometimes divisive, always complex, issues and problems. In the end, it holds a little something for everyone. Four bills currently pending in the state Legislature arc pure politics. They are Senate Bill 2001 (Hurtt, R-Garden Grove), SB 1998 (Hurtt, R-Garden Grove) and SB 1723 (Haynes, R-Murietta) and Assembly Bill 1776 (McClintock, R-Simi Valley). These bills would repeal the vehicle license fee (VLF). VLF is the fee that those who own registered vehicles pay each year instead of paying personal property taxes on their vehicles. Sound great? Think again. The VLF is one of the state's major revenue sources, expected to total nearly $4 bilIion in 1998-99. And what most people don't know, yet legislators must understand, is that this revenue doesn't disappear into a large, faceless bureaucracy. Most of the VLF revenue goes to cities and counties aud the local communities we serve. Moreover, the VLF revenue cities and counties receive is general purpose or discretionary revenue -- not earmarked for a specific purpose. This is significant because, in the ease of cities, discretionary dollars make up the bulk of funding for police and fire services, libraries, parks, economic development, planning, roads and other essential services. In fact, the average city spends 65 percent of its discretionary revenue on police and fire. That means the $1.2 billion cities will lose if the VLF is eliminated translates into a $780 million hit statewide to public safety alone. We should be investing in our communities, not further limiting their ability to provide local services. The state's non-partisan Legislative Analyst's Office estimates the state's 1998-99 budget year will close with a surplus of $I.5 billion. Proponents of these bills say taxpayers should share in these good times. Then, why not refund or eliminate a revenue source I]5/85/98 'lB ~ 17: 03 -> MAY, 5, 1998 3'09PM LEAGUE OF CAL 7874636204 Ukiah CITIES NO, 5609 ?. 5 pHnu~ly dedicated to supporting the state's budget and not those ~f local governments who are not enjoying those same good times? Local government is not on solid economic ground in large part because the state Legislature has taken billions in local property tax dollars since thc early 1990s to help the state budget overcome the effects of thc recession. Since the shifts began, c/ties have lost a net $2.3 billion, counties a net $5.9 billion and special districts a net $1.5 billion, Within 10 - 1 $ years, the property tax revenue taken by the state will double in value due to strong property tax growth and a healthy economy. In the meantime, local government will continue to struggle to balance their budgets and provide quality local services. Two of the VLF bills direct the Legislature to backfill the VLF revenue local government would lose with money from the state's general fund. However, this is not likely to happen. Even when the state's coffers are overflowing, as they are this year, legislators are proposing to take more local government revenue instead of seriously designing ways to return or suspend the local property tax shifts that have gone on too long. The proposal to eliminate the VLF is popular because it's good politics. In fact, it's so good that it is credited as a key component of the successful campaign platform in the last Virginia Governor's race. It's just too bad that healthy, fiscally sound local communities don't make for good state politics. (Please include brief biographical information on the local author} #17-1998 May 8, 1998 1) Vehicle License Fee Hearing Delayed, Governor's Budget - Act NOW!! 2) School Bond Package: Schools for Kids or Developer Fee Bailout? Cities Must Act NOW to Protect Mira!! 1) Vehicle License Fee Repeal The big event of next week, the hearing on AB 1776 (McClintock) in the Assembly Revenue and Taxation Committee on Monday, May 11 has been postponed until the week of June 1st. Democratic leadership felt it was prudent to wait until after the Govenror's May Budget Revision is announced on Thursday, May 14. Cities, counties and their constituent associations are still urged to make every effort to contact members of the Senate, Assembly and the Governor to oppose any repeal or reduction in the Vehicle License Fee. As mentioned in last week's Bulletin, the Governor is considering various options regarding the use of surplus revenue for his budget revision. Rumors of the Governor's plan range from a partial to a complete repeal of the VLF. According to Capitol staffers, the Governor is still weighing options on this and other critical budget issues. Cities should contact the Governor, Chambers of Commerce and business communities to explain what the loss of VLF means to a community's future. See Attached Editorial. AB 1776 is a five year phase-out of vehicle license fees with a General Fund backfill for the loss coming from state sales tax revenues. Cities have been down this road before with a state promise of a backfill for the loss of local revenue. The Democratic leadership of both houses remain adamant about opposing any reduction in the VLF. Cities should spend time focusing on Assembly Revenue and Taxation Committee members to secure their opposition to AB 1776. Particularly effective arguments seem to be the impact on public safety programs and critical local services which would be jeopardized by these proposals. SB 1998 (Hurtt), the vehicle license fee rollback of Health and Welfare realignment and alcohol surcharge was pulled from the agenda by the author and will not be heard in the Senate Revenue and Taxation Committee until June 3. SB 1723 and SB 2001., the other VLF Repeal proposals, will most likely be set for that hearing date. Keep up the pressure. 1400 K Street Sacramento CA --lO '- League of California Cities 95814 916.658.8200 fax 916.658.8240 http://www, cacities.org AGENDA SUMMARY ITEM NO. 5h DATE: May 20, 1998 REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR 4,000 FT. OF #2 AWG ALUMINUM, 15KV, XLPE INSULATED, NON-JACKETED, CONCENTRIC NEUTRAL, SINGLE CONDUCTOR CABLE TO PIRELLI CABLE CORPORATION FOR THE AMOUNT OF $5,767.37. In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,0000 but less than $10,000. This cable will be placed in warehouse stock for planned future projects. A Request for Quotation (R.F.Q.) through the informal bid process was sent to five suppliers. Two bids were received and opened by the Electric Department on May 13, 1998 at 1:00 p.m. The bids were evaluated by Staff and a purchase order was issued to the low bidder, Pirelli Cable Corporation, in the amount of $5,767.37 including tax and freight. RECO~ENDED ACTION: Receive and file report regarding the award of bid to Pirelli Cable Corporation for the sum of $5,767.82. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted): N/A Acct. No.: 800-3646-420-000 Appropriation Requested: N/A Citizen Advised-N/A Requested by' Stan Bartolomei, Electrical Supervisor. Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: Bid res~s APPROVED:~ Candace Horsley,~City Manager BID RESULTS #2 AWG ALUMINUM, 15 KV CABLE Pirelli Cable Corporation Hendrix % Chris Stephens $5,767.37 $6,129.34 AGENDA SUMMARY 5i ITEM NO. DATE: MAY 20, 1998 REPORT SUBJECT: AUTHORIZATION FOR MAYOR TO SIGN LETTER OF SUPPORT FOR MENDOClNO TRANSIT AUTHORITY'S GRANT APPLICATION The Mendocino Transit Authority has requested a letter of support for its application to the Federal Transit Administration's Non-Urban, Intercity Bus Program for funds to construct the Ukiah Transit Center. A draft letter for the Mayor's signature is attached for the Council's consideration. RECOMMENDED ACTION: Authorize Mayor to Sign Letter of Support Mendocino Transit Authority's Grant Application for ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine letter is to be modified, identify changes, and authorize signature of revised correspondence. 2. Determine letter is not to be sent and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Bruce Richard, MTA Mendocino Transit Authority Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Draft letter of support, page 1. 2. Ma)/13, 1998 letter from Bruce Richard, pages 2-3. APPROVED:~ Candace Horsley, Ci~ Manager mfh:asrcc98 0520VLF 300 SEMII~RYAVE., UKIAH, CA 95482-5400 · ADMIN, 707/463-6200 · PUBLIC SAFE~¥ 463-6242/6274 · FAX # 707/463-6204 · Mr. Dave Carstensen CalTrans District 1 P.O. Box 3700 Eureka, CA 95502-3700 May 21, 1998 RE: Support for Mendocino Transit Authority's Application for Federal Funds Dear Mr. Carstensen, The City of Ukiah City Council wishes to express its strong support for the Ukiah Transit Center construction project proposed by the Mendocino Transit Authority (MTA). The concept of consolidating all passenger transportation providers, both private and public, in a central location, is excellent. Creating quick and easy access for the riding public between all transit modes, i.e. taxi, dial-a-ride, local and regional buses, Greyhound, Airporter, and possibly passenger rail, is a key element of a modern transportation network. The Transit Center will serve as a catalyst to initiate development of a basically vacant ten acre parcel in the center of Ukiah. In accordance with the City's general plan, additional private, and perhaps public development, will be encouraged in this locale. We believe this cornerstone of the property will increase job creation, reduce individual vehicle use in the downtown, and stimulate business opportunities. We urge CalTrans and its selection committee to approve and fully fund MTA's application for two year funding of the Ukiah Transit Center through the Federal Transit Administration's Non-Urban, Intercity Bus Program. Sincerely, Sheridan Malone Mayor c: Bruce Richard, MTA mfh:letter98 0521 MTA '~v'e Are Here To Serve" 0S-13-88 18:18 MENDOCINO TRANSIT AUTHORITY I D=70?qS~ 1 .01 May 13, 1998 Candace Horsley, City Manager City of Okiah 300 Seminary Dr Ukiah, CA 95482 SERVING MENDOCINO COUNTY SINCE 1978 . . Mendocino Transit Authority RE: Letter of Support Federal Crant Application Dear Candace, The MTA has submitted an application for funds through the Federal Transit Administration's Non-Urban, Intercity Bu~ Program for construction of the Ukiah Transit Center. We are requesting $400,000 fornext fiscal year and $400,000 the following.year. The Intercity Bus' Program is verY'competitive. The evaluation criteria include demon~tration of support' from the important players that are involved. I am therefore asking you to express your support. A suggested letter is attached.' If you. need any further information or a copy of the application, please do not hesitate to call me. Sincerely, Bruce Richard General Manager 241 Plant Road · .Ukiah, California 95482 · (707) 46'2-5765 Fax, (707) 462-1760 05-13-B8 18:1B ~£NDOCINO T~ANBIT ~UTH0~IT¥ ID=70746217~0 P.02 liVst be received in Eureka no l&l:er than Nay 25, 1998 FAX to 707-441-5869 Hay 18, ~998 Dave Carstensen, CalTrans District 1 P O Box 3700 Eureka, CA 95502 - 3700 RE: Suppo~cfor ~endoc~noTransitAuthority's Appli~ation for Federal FUnds Dear Mr Carstensen, I am writing to express my whole hearted support for the U~iah Transit Center construction project proposed by the Mendocino Transit Authority. The concept of consolidating all passenger transportation providers, both private and public, in one central location, is an excellent one. Providing the riding public with quick and easy access between all Nodes -- taxi, dial-a-ride, local bus, regional bus, Greyhound, Airporter, and possibly passenger rail -- is an essential part of a modern transportation network. More important for the City of Ukiah, the Transit Center will initiate development of a basically vacant ten acre parcel in the center of the City. Additional private and perhaps public development will be encouraged by the presence of the Center. The city intends to facilitate transit oriented development in this area, consistent with our General Plan. The Transi~ Center will lead to more Jobs, more business and fewer cars in downtown. I urge CalTrans and its selection committee to fund this essential project in full. Very Truly Yours, Candace Horsley, City Manager or Sheridan Malone Mayor Bruce Richard AGENDA SUMMARY ITEM NO. 5.i DATE: May 20, 1998 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE TVVO PARCELS OF LAND ALONG NORTH OAK STREET FROM C-1 TO R-1. SUMMARY: On May 6, 1998, the City Council voted 5-0 to introduce an ordinance rezoning the two (2) Apfel parcels of land along North Oak Street from "C-1" (Light Commercial) to "R-I"' (Single Family Residential). The Ordinance is attached and ready for adoption. RECOMMENDATION: Adopt the Ordinance rezoning the subject properties. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Ordinance, and provide direction to staff. Citizen Advised: All affected property owners individually noticed, and a legal notice published in the Ukiah Daily Journal according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: 1. Ordinance rezoning the two (2) Apfel parcels of land. Candace Horty, City 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on two (2) parcels of land. Specifically, APN 2-175-05 and 06 are rezoned from "C-1" (Light Commercial) to "R-I" (Single Family Residential). SECTION 'I'VVO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties into conformance with the Ukiah General Plan, and to protect the residential character of the subject area. SECTION THREE This rezoning action is reasonable and appropriate because it satisfies the direction in the Ukiah General Plan to protect and enhance the established residential neighborhoods in the City. SECTION FOUR Based on the analysis and conclusions contained in the Initial Study, the City Council concluded that the proposed rezoning project would not have a significant adverse effect on the environment, and adopted a Negative Declaration. ORDINANCE NO. Page 1 of 2 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 SECTION FIVE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION SIX This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on May 6, 1998, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN: None Passed and adopted on May 20, 1998, by the following role call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk ORDINANCE NO. Page 2 of 2 AGENDA SUMMARY ITEM NO. 5k DATE: May 20, 1998 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE FOUR PARCELS OF LAND ALONG NORTH OAK STREET FROM C-1 TO C-N. SUMMARY: On May 6, 1998, the City Council voted 5-0 to introduce an ordinance rezoning four (4) parcels of land along North Oak Street from "C-1" (Light Commercial) to "C-N" (Neighborhood Commercial). This rezoning action involves the parcels owned by the First Baptist Church (AP 2-176-07); Riddell (2-183-01); Azzaro (2-183-02); and Rainbow Construction (2-183-04). The Ordinance is attached and ready for adoption. RECOMMENDATION: Adopt the Ordinance rezoning the subject properties. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Ordinance, and provide direction to staff. Citizen Advised: All affected property owners individually noticed, and a legal notice published in the Ukiah Daily Journal according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: 1. Ordinance rezoning the four (4) parcels of land. APPROVED: Candace Horsle~City 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows' SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on four (4) parcels of land. Specifically, APN 2-176-07 (First Baptist Church), 2-183-01 (Riddell), 2-183-02 (Azzaro), and 2-183-04 (Rainbow Construction) are rezoned from "C-1" to "C-N" (Neighborhood Commercial). SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties into conformance with the Ukiah General Plan, and to protect the neighborhood commercial character of the subject area. SECTION THREE This rezoning action is reasonable and appropriate because the subject parcels and their current uses fulfills the purpose and intent of the C-N (Neighborhood Commercial) Zoning District; SECTION FOUR Based on the analysis and conclusions contained in the Initial Study, the City Council concluded that the proposed rezoning project would not have a significant adverse effect on the environment, and adopted a Negative Declaration, ORDINANCE NO. Page 1 of 2 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 SECTION FIVE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION SlX This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on May 6, 1998, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN: None Passed and adopted on May 20, 1998, by the following role call vote: AYES: NOES: ABSENT: ABSTAIN: Malone, Mayor ATTEST: Sheridan Colleen B. Henderson, City Clerk ORDINANCE NO. Page 2 of 2 ITEM NO. 7a DATE: May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: RECEIVE DEVELOPMENT PROCESS REPORT FOR THE RAILROAD DEPOT PROPERTY SUMMARY: On May 6, 1998, the City Council directed staff to prepare a Development Process Report for the Railroad Depot Property, that would define the roles of the key players interested in developing the property, and articulate the required development review process. Staff has prepared the report, and it is attached for the Council's review and consideration. As a courtesy, it has been sent to the agencies, organizations, and individuals who have been participating in the planning and possible development of the railroad depot property. RECOMMENDED ACTION: Receive the Development Process Report for the railroad depot property. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that the Development Process information and provide direction to staff. Report needs additional Appropriation requested: N/A Citizen Advised: Participating agencies, organizations, and individuals. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: N/A APPROVED: Candace Horsley, City I~anager THE UKIAH RAILROAD DEPOT PROPERTY Development Process Report CITY OF UKIAH Prepared by the Ukiah Planning Department May, 1998 THE UKIAH RAILROAD DEPOT PROPERTY Development Process Report INTRODUCTION Over the past two (2) years, there has been considerable interest in planning the future development of the railroad depot property. The Mendocino Transit Authority is interested in developing an intermodal transportation center on a portion of the property, and has hired two (2) consultants for assistance; the Chamber of Commerce has formed a broadly represented committee to participate in the "Master Planning" of the site; the Cultural and Recreation Center Committee is interested in possibly developing a portion of the site; and the property owner, the North Coast Railroad Authority, is very anxious to lease and/or sell the land to generate seriously needed revenue. The City has assumed the role of facilitator, with a number of staff participating in various capacities. While all of these interests are community-minded and laudable, it appears that they are moving in different directions without a clear understanding of the development process that is crucial to their success. PURPOSE OF REPORT It is the purpose of this report to define the roles of the key players, and to articulate the required development review process, so that if and when an actual project emerges, the manner in which it proceeds through the decision-making process is explicitly understood. ROLES IN THE DEVELOPMENT PROCESS North Coast Railroad Authority: The North Coast Railroad Authority (NCRA) is the owner of the subject property. They have expressed an interest in leasing portions of the property to generate revenue, and have indicated a willingness to support local planning efforts that may facilitate their ability to enter lease agreements. If and when a project evolves to a point where City discretionary review is required, the NCRA would essentially play the role of co-applicant. It is assumed that their actual degree of involvement would be defined through the stipulations of the lease agreement with the development proponents. Obviously, their consent and participation in the discretionary review process is critical. The City: The City is interested in the redevelopment of the railroad depot property to enhance and stimulate the economic viability and aesthetics of the downtown core area. The property is situated along the major "gateway" street entering the City, and many long-range planning documents, from the General Plan to the Landscape & Streetscape Design Guidelines explicitly direct the enhancement of this important thoroughfare. The City also acknowledges that train service, including freight, passenger, and commuter will play an increasingly popular and important role in the future. Full train service is unique in that it can confirm the notion that economic development and environmental quality go hand-in-hand. It can serve to both stimulate the local industrial and tourist serving economy, while providing a crucial transportation alternative to the automobile. Ukiah Railroad Depot Property - DEVELOPMENT PROCESS REPORT The City's role in the development process is diverse. It is a role of facilitator, application processor, and decision-maker. It is important that each of these roles remains distinct and separate to maintain integrity, and to ensure the purity of the overall process. The Chamber of Commerce: The Chamber of Commerce is equally interested in the redevelopment of the railroad property, and essentially for the same reasons as the City. The Chamber, in their long-range visioning for the economic vitality of the City, recognizes the importance of this large sized property, as well as its strategic location in relation to the core of the downtown. Accordingly, the Chamber also plays the role of facilitator, and has been intimately involved from the beginning by forming the Railroad Station Steering Committee (RSSC). It is anticipated and expected that the Chamber will continue to function as a facilitator, and as an active participant on the RSSC. Potential Developers: Potential developers of the property include public agencies (Mendocino Transit Authority), non-profit organizations (Ukiah Valley Cultural & Recreation Center Committee), as well as private developers. Any of these, and perhaps others could become co-applicants with the NCRA to propose development of the property. All would be subject to the same process established by both State Law and the Ukiah Municipal Code, and must be consistent with the Goals and Policies of the Ukiah General Plan. The Community: The general public plays an important role in the development process. While the redevelopment of the railroad property, particularly with transit and visitor serving land uses is envisioned by the Ukiah General Plan, input on any and all specific proposals from all interested citizens is a cornerstone to the development process. Accordingly, the community will be encouraged to participate in the process of reviewing and commenting on environmental documents, Master or Specific Plans, and the merits of individual development projects. THE DEVELOPMENT PROCESS Property Owner and Developer Interest: First and foremost in the development process is the germination of interest by the property owner to develop the property. Second, if the property owner is not interested in performing the actual development, but as in this case, seeks to generate revenue by leasing the property for development, a developer must become interested, and with the property owner, actually make a proposal to develop the site. It is understood that for a relationship to transpire between the property owner and a prospective developer, a long-term lease must be agreed upon. An inability to agree on a long-term lease could jeopardize any potential project from evolving to the point of discretionary permit application. Defining the Project: In order to successfully file an application for discretionary review, the project must be clearly defined and described in the application materials. Absent a comprehensively articulated project description, the proposal cannot be processed and evaluated. The project description portrays the vision of the owner/developer for the future of the property. Perhaps most important, it serves to convince the public, reviewing staff, and decision makers, that it has been well thought-out, skillfully planned, and would be an asset to the community. Ukiah Railroad Depot Property - DEVELOPMENT PROCESS REPORT The Regulatory Process: The regulatory process is dictated by the zoning assigned to the site and the actual nature of the proposed project. If the zoning is not accommodating to the proposal, the project can include a proposed rezoning to a compatible zoning district, and if need be, an amendment to the General Plan to support the desired zoning classification. The two (2) railroad depot parcels are currently assigned different zoning classifications*. The larger parcel, comprising approximately 6.56 acres, is zoned "C-1" (Light Commercial), and the rear parcel, comprising approximately 3.26 acres, is zoned "C-2" (Highway Commercial and Restricted Industrial). These districts have a number of both allowed and permitted land uses. If a future development proposal is not included as an allowed or permitted land use in the "C-1" and "C-2" zoning districts, a rezoning, and possible General Plan Amendment would be required to accommodate the land use. . Discretionary Review: Depending upon the nature of the proposed development project, approval of a Site Development Permit or Use Permit by the City Planning Commission could be required. Both of these development permits are discretionary, which means the Planning Commission can deny, approve, or conditionally approve them. The Site Development Permit focuses on site planning issues, while the Use Permit is more comprehensive, focusing on both the intended use, as well as the site planning issues. ,. The Planned Development Zoning Option: The purpose of the Planned Development Combining Zone is to allow flexibility in design and development in order to promote economical and efficient use of land; to increase the level of urban amenities; to preserve the natural environment; and to provide for phased completion of development projects. It generally provides a method for deviating from standardized zoning requirements to foster well-planned, creative, and quality development. In some respects, it serves as a "Master Planning" tool, and is particularly effective with large projects where actual development is imminent and certain. This process is an option for development of the railroad depot property, particularly if a proposal involves substantial acreage and considerable development. . California Environmental Quality Act (CEQA) Compliance: Depending upon the type and size of development proposed for the railroad depot property, environmental review may or may not be required. If the project is small and fits into a defined categorical exemption, CEQA review would not be required. If the project does not qualify for an exemption, CEQA review can be simple or could evolve into a complex process. A determination regarding whether or not a Negative Declaration or Environmental Impact Report is a key variable, and would be based upon the results of an Initial Study. a. Initial Study: An Initial Study is a preliminary analysis of the potential environmental impacts resulting from a development project. It is intended to aid the lead agency in determining It is interesting to note that the actual line demarcating the zoning district appears not to follow the parcel lines. This discrepancy can be rectified through the overall review process. Ukiah Railroad Depot Property - DEVELOPMENT PROCESS REPORT whether or not to prepare an EIR or Negative Declaration. It also enables a project proponent to modify the design or program of a project, mitigating potential impacts and qualifying the proposal for a Negative Declaration. The Initial Study is necessary to provide the factual and analytical basis for either relying on a Negative Declaration or to focus an Environmental Impact Report (EIR) on the significant effects of a project. A crucial component of the Initial Study is a detailed and comprehensive project description. bw Negative Declaration: A "Negative Declaration" is a written statement briefly describing the reasons why a proposed project would not have a significant effect on the environment and does not require the preparation of an EIR. A "Mitigated" Negative Declaration contains mitigation measures intended to off-set potentially significant environmental impacts discovered during the preparation of the Initial Study. If identified impacts can be mitigated to a non-significant level, the time and expense associated with preparation of an EIR can be avoided. Every known impact must be reduced in this fashion, or an EIR will be required. Cw Environmental Impact Report: If the Initial Study determines that a project may have a significant effect on the environment, which cannot be off-set by changing the project or adding mitigation measures, the City must initiate the preparation of an Environmental Impact report (EIR). An EIR is an informational document describing the significant environment effects resulting from a project; any significant effects that cannot be avoided; mitigation measures to minimize significant effects; alternatives to the project; possible growth inducing effects; and other required topics. The project applicant is responsible for funding the full cost of the EIR. The City, acting as lead agency, manages the consulting team and directs the effort to prepare the EIR. Additionally, the project applicant is responsible for funding and implementing the required mitigation measures identified in the EIR and imposed as conditions of project approval. Community Support: A final and very important component of the development process is community support. Citizen participation during the entire development design and review process is crucial for the success of the project. CONCLUSIONS The planning and future development of the Ukiah Railroad Depot Property is a complex and demanding process. Compounding this complexity is the diverse interest in the site because of its central and prominent location near the downtown core of the City and the needs of evolving Ukiah Railroad Depot Property -DEVELOPMENT PROCESS REPORT and growing community. It is important for all the organizations and people interested in seeing the property developed to understand each others roles, and how their roles are defined in the development review process. For example, the Mendocino Transit Authority, while itself a public agency, may play the role as developer, and would therefore be subject to the normal and required development review process. The City, while performing as facilitator, must be independent of the specific project design procedures, to remain objective during the discretionary review process. Overall, with the spirit of cooperation, a clear understanding of the important roles to be played, and knowledge of the development process, and if a number of basic and important issues are resolved, a successful public/private effort can be made to redevelop the Ukiah Railroad Depot property. Ukiah Railroad Depot Property - DEVELOPMENT PROCESS REPORT ,JOHN A, KLEIN MARGARET K, BUTLER KLEIn & BUTLE~ ATTORNEYS AT LAW POST OFFICE BOX 1845 SRnTR l~os,q, CRLH:OEnlR 95402 (707) 546-6767 FACSIMILE; (707) 54B-5037 May 20, 1998 I00 E STREET SUITE 219 The Honorable Mayor and Members of the Ukiah City Council By Hand Delivery Re: Demolition Permit for St. Mary's Catholic Church Dear Mayor and Council Members: The Roman Catholic Bishop of Santa Rosa, incorporated under California law as a religious corporation sole, is legal owner of the property in Ukiah on which the Church of St. Mary of the Angels now stands. The undersigned is officially appointed by the Catholic Diocese of Santa Rosa as its diocesan attorney, and addresses this letter to you in official capacity on behalf of The Roman Catholic Bishop, as owner, and its parish of St. Mary of the Angels as a party in interest. This letter is intended for public reading at your council meeting of May 20, 1998, and entry into the official record of the meeting, to constitute the determination in a public forum by The Roman Catholic Bishop of Santa Rosa, a California corporation sole, that it and its parish will suffer substantial hardship, likely to deprive this religious community of a fair economic return on its property, reasonable use of its property, and the autonomous right to determine, in the furtherance of its religious mission, what is the appropriate use of such property. Therefore, this corporation objects to the application of subdivision (b) of {}37361 of the Government Code to the property in question and asserts that the denial of the requested demolition permit would be a governmental act imposing special conditions or regulations for the perpetuation or use of the structure on the property, an act squarely within the purview of {}37361 (b), and prohibited by the statute. Honorable Mayor and Members of the Ukiah City Council May 20, 1998 Page Two It is abundantly clear from section 3 of Chapter 1199 of the Statutes of 1994, which spe~ks of §37361, that these provisions of §37361 preempt local legislative Power, and from the declarations made by the California legislature in section 7 of Chapter 419 of the Statutes of 1993, also cited to you, that by thes~ restrictions on your power the Legislature has acted to ensure the proteciion of religious freedom guaranteed by state and federal constitutions. , In assertin~ its fights under the statute invoking protection of its religious freedomt our client does not waive its additional fights to due process of law in the use and enjoyment of its property. The evidence which will be presented to you at your meeting should demonstrate that the structure in ques'!ion, while it may have an attractive appearance and undoubtedly senti:nental interest to a number of people in the community who have used it, has no intrinsic value as a historical landmark, or special character or aestE.etic interest or value which would make it worthy of acquisition by th{; City for its preservation. Constitutionally speaking, preservation of th~s building by the City as a church is impossible. In present ci. rcumsta~ces its preservation at the hands of the City for secular purposes is repugnCnt to the religious sensitivities of the parish, as has been expressed to you bY its pastor. Moreover, capacity, to preser, presents a serious expense. The c, detrimental to the the only rational cl~ n attempt at this date on the part of anyone, in any /e this structm'e, would have to face the hard fact that it earthquake hazard which can be remedied only at great )ntinuing presence of the structure is economically value of the property for productive use. Demolition is oice. Yours very truly, · KLEIN ITEM NO. 8~_ DATE: May 20. 1998 AGENDA SUMMARY REPORT SUBJECT: APPLICATION TO DEMOLISH ST. MARY'S CATHOLIC CHURCH LOCATED AT 508 WEST PERKINS STREET SUMMARY: Pursuant to Ukiah Municipal Code {}3016, the City Council must review Demolition (Continued on page 2) RECOMMENDED ACTION: Find that the church structure located at 508 W. Perkins Street is historically and/or architecturally significant, thereby implicitly denying the Demolition Permit. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Find that the subject structure is not historically, architecturally, or culturally significant, thereby implicitly approving the Demolition Permit. 2. Pursuant to Government Code {}37361, direct the issuance of the Demolition Permit, even if the structure has historical or architectural significance, based upon the findings in subdivision (c) of that section (see Summary, p. 3). 3. Find that the denial of a Demolition Permit would constitute a 5th Amendment taking by depriving the property owner commercially viable use of its property, and to avoid the unconstitutional application of the City ordinance, direct the Building Division to issue the Demolition Permit, even if the structure is historically or architecturally significant. 4. Find that more information is needed to determine historical significance, and defer action until such time as the community's interest in preservation might be better assessed, which could include an outreach effort to find a business or entity to re-use the structure. Citizen Advised: Letter to Applicants Requested by: Demolition Permit Review Committee (DPRC) Prepared by: Robert Sawyer, Planning Director and David Rapport, City Attorney Coordinated with: Candace Horsley, City Manager; and David Rapport, City Attorney Attachments: Letters from Interested Parties DPRC Agenda Packet DPRC "Minutes" 2 Permit applications for structures 50 years old or more to determine if the structure has historical, architectural, or cultural significance. If an affirmative determination of significance is made, the Demolition Permit shall not be issued. If, on the other hand, the Council determines that the structure is not historically, architecturally, or culturally significant, the Demolition Permit shall be issued. To assist the Council in making a determination, a Demolition Permit Review Committee (DPRC) exists, which, by Council Resolution, is charged with reviewing relevant demolition requests, and recommending whether or not the Council should deem the structure historically significant. On the other hand, the Council must ensure that the application of City Code §3016 does not violate any controlling state statute or provision of the California or United States Constitution. In this case, the Council should consider Government Code §37361 and the Takings Clause in the 5th Amendment to the U.S. Constitution. A Demolition Permit application has been received and processed for St. Mary's Catholic Church (508 W. Perkins Street), which was built in 1923. The historical profile for this 75-year- old structure is contained in the attached letter from DPRC Chairperson Judy Pruden, and the attached excerpt from the Ukiah Architectural and Historical Resources Inventory. Report. This report, which was prepared in 1984, develops a preliminary list of resources with potential historic, architectural, or cultural values, meeting established base criteria, and rates each of the properties according to its apparent eligibility for listing on the National Register of Historic Places. The numerical scale for National Registry (NR) ranges from 1 to 10, and the subject structure was rated "3", meaning that it clearly meets the criteria for listing in the National Register. According to the Inventory, the church was designed by architect Joseph A. Leonard, a competent architect from the Bay Area who retired in Ukiah, and who, along with George Wilcox, appear to have been the most important architects affecting the City's growth (Inventory Report, page 3). The church's architectural style is "Period Revival Spanish Colonial," and its cornerstone was laid in June, 1923 by Archbishop Hanna of San Francisco. Over the years, the church has been in continuous service providing a place of worship for the Catholic community in Ukiah. Accordingly, it has been well maintained, and appears to be in sound structural shape. On May 12, 1998, the Demolition Permit Review Committee met to discuss the historical and architectural merits of the church, and decided, on a 3-1 vote, to advise the City Council that the structure is historically significant, and that the Demolition Permit should therefore not be issued. The "Minutes" of this meeting are attached for the Council's review and consideration, as is the background packet provided to the DPRC. If the City Council adopts this finding of the DPRC, Ukiah City Code §3016 provides that the Demolition Permit should not be issued. However, City ordinances are subject to the "higher law" contained in state statutes and in the California and United States Constitutions. The City Council has a legal obligation to avoid applications of its ordinances that would violate state statutes or constitutional provisions. In this case, the Council must consider Government Code §37361 and the 5th Amendment to the United States Constitution. Government Code §37361 is a somewhat confusing statute, but it appears to provide as follows. In subdivision (b) it states that a City Council "... may provide for.., buildings... having a special character or special historical or aesthetic interest or value, special conditions 3 or regulations for their protection, enhancement, perpetuation or use..." In subdivision (c) the statute provides an exception to the application of subdivision (b) for religious organizations until January 1, 1995. It then goes on to provide an additional exception after January 1, 1995, as follows. For "noncommercial property owned by any association that is religiously affiliated and not organized for profit,..." subdivision (b) does not apply if: (1) "The association.., objects to the application of the subdivision to its property." (2) "The association . . . determines in a public forum that it will suffer substantial hardship, which is likely to deprive the association.., of economic return on its property, the reasonable use of its property, or the appropriate use of its property in furtherance of its religious mission ..." Accordingly, if the Catholic Church objects to the application of City Code §3016 to its property and determines in a public forum that it will suffer the hardships described above, the City Council should instruct the Building Division to issue the Demolition Permit, even if the City Council determines that the structure has historical or architectural significance. The 5th Amendment prohibits the government from taking private property without just compensation. A regulation of private property can result in a "taking," even if it does not actually deprive the property owner of the possession of its property. The most recent description of when a taking by regulation can occur is contained in a California Supreme Court decision called Kavanau v. Santa Monica Rent Control Board (1997) 16 Cal. 4th 761. At 774- 75 the Court wrote, in part, as follows: When a regulation does not result in a physical invasion and does not deprive the property owner of all economically beneficial use of the property, a reviewing court must evaluate the regulation in light of the "factors" the high court [U.S. Su- preme Court] discussed in Penn Central _[Trans. Co. V. City of New York (1978) 438 U.S. 104] and subsequent cases. Penn Central emphasized three factors in particular: (1) 'It]he economic impact of the regulation on the claimant;" (2) "the extent to which the regulation has interfered with investment-backed expectation;" and (3) "the character of the governmental action." The Kavanau decision also described other relevant factors which elaborate on the three factors discussed in Penn Central. Generally, however, the courts evaluate the importance of the governmental interest served by the regulation against the degree of economic harm resulting to the property owner. The focus is on the uses of the property that remain after the regulation is imposed. Among the considerations is whether the regulation is "reasonably necessary to the effectuation of a substantial public purpose" and whether the regulation "permit[s the property owner] ... to profit [and] ... to obtain a 'reasonable return' on . . . investment." In this case, denial of a Demolition Permit is the only way to preserve the building. If the building is determined to have historical or architectural significance, the regulation is clearly necessary to achieve a substantial public purpose. Hence, a greater economic burden may be 4 justified than would be true, if the regulation were less essential and the governmental interest less substantial. At the same time, the church is located in the R-1 Zoning District. Under current regulations the only non-public uses other than single family residential use allowed or permitted are community care facilities, family day care homes, private schools, churches, and bed and breakfast establishments. The City Council could also consider the likelihood that a zoning change allowing a broader range of uses would be approved for the church location. If the City Council determines that a zoning change is unlikely, then it should evaluate, based on information presented to it during its consideration of this matter, whether a market exists for the structure, preserved to retain its historical or architectural significance, for any of the allowed or permitted uses in the district. Is it likely that someone would buy the building, given its existing condition, for a single family residence, a family day care home, a private school, a church, a community care facility, or a bed and breakfast establishment? If the Council determines that there is little likelihood that the building can or will be used for any of these purposes, then the economic hardship of the Catholic Church is quite severe and it is unlikely the church can earn a reasonable return on its investment. As the "Minutes" reflect, the DPRC generally opined that the church structure is architecturally and historically important and worthy of preservation, although the needs of the Catholic Church relative to this property were recognized. Specifically, the Church would find it objectionable on religious grounds to see the structure re-used for any other purpose than a place of worship, and they are cognizant of the buyers' need to establish a more financially viable use of the site, than re-use of the church. In any case, staff firmly believes that the structure must be re-used in order to ensure its preservation, and to ensure that it will be well maintained in the future. We further believe that it will not be in the community's best interest to allow the subject structure to become abandoned, disrepaired, and dilapidated, as is the current case of the Palace Hotel, regardless of its perceived or stated historical significance. Thus, staff is of the mind that, if the church is to be preserved for the long-term, the community needs to support such an effort, and the preservation-minded community should assist in finding a viable means by which the structure is re-used. Accordingly, one possible action the City Council might consider, would be to defer the final determination of historical significance, and establish some timeline during which the community support for preservation can be assessed or validated, and during which time such support might be galvanized to find a re-use solution to the structure's demolition. This possible course of action is articulated on the cover sheet of this report as "Alternative Council Policy Option" number two. Nevertheless, in order to assist the Council in deliberating this matter, the attached background information is provided. It includes several letters supporting demolition, as well as other documents supporting or implying historical significance. Staff believes that review of all the attached documents will give the Council a meaningful overview of the issues and opinions relative to the subject Demolition Permit application. It should also be pointed out that virtually all of the text in this report pertaining to law and legal interpretations was provided by the City Attorney. GEORGE C. RAU PRESIDENT WALTER HAYDON VICE PRE$1OENT ANDREW E. BORDESSA VICE PRESIDENT ROGER VINCENT VICE PRESIDENT AND ASSOCIATES INC. CIVIL ENGINEERS · LAND SURVEYORS May 15, 1998 RECEIVED CITY OF UKIAH MAY1 5 1998 Trouette, Shapiro & Lohr CITY CLERK DEPARTMENT c/o North Country Realty 367 North State Street Ukiah, CA 95482 Job Number 98-111 RE: ST. MARY OF THE ANGELS CHURCH, 508 WEST PERKINS STREET, UKIAH Dear Sirs: A limited inspection of the main church building at this site was made today in order to be able to prepare this letter regarding the structural adequacy of the building during an earthquake. The exterior and interior was visually examined along with the underfloor crawl space and attic space between the ceiling and roof. The walls of the church are unreinforced brick masonry with a stucco covering on the exterior and plaster on the interior. The floor framing consists of diagonal sheathing on 2x12 joists at 16" on centers on 6x10 girders. The girders are supported on wood posts and poured concrete footings which are embedded in the ground. The roof framing consists of primarily wood trusses which span east to west with a ridge line in the center of the building. There are three steel angle iron trusses in the roof framing in the same plane as the wood trusses. The roof trusses appear to be supporting the existing heavy clay tile roof load without signs of distortion; however, since they primarily consist of nailed lx wood members to 2x wood rafters, it would not be possible to justify the design of the trusses using live load requirements of the building code. No signs of bolting of the wood plates at either the floor or roof to the brick walls were visible and it is most likely that gravity is all that is holding them in place. No direct connections of the floor joists or roof trusses to the brick wall were visible. The exterior perimeter of the building is supported on a poured concrete foundation. Due to the age of the structure (circa 1923), it is most likely that reinforcing steel was not used in the foundations. This building has not experienced a major earthquake, such as the 1906 quake, and thus we do not have a measure of how it will actually perform. There are several engineering concerns with this building and those of similar construction in Ukiah. The main problem is the use of unreinforced masonry which is very heavy and does not hold together well in seismic events. Several unreinforced masonry structures totally collapsed in a moderate earthquake in Santa Cruz in 1989 with the loss of several lives. Two unreinforced brick churches in Santa Cruz County were seriously damaged and closed for over a year afterwards. Both of these churches had previously undergone some seismic retrofit work which prevented a total collapse of those structures. There is no evidence of any retrofit work being done on the church here in Ukiah. In a moderate to strong earthquake, the following have a strong possibility of occurring. A. Each end (north and south) of the main roof are supported by walls with large openings. Partial or total collapse could occur at those locations. 100 NORTH PINE STREET · P.O. BOX M · UKIAH, CALIFORNIA 95482 · 707-462-6536 · FAX 707-463-2729 Trouette, Shapiro & Lohr, May 15, 1998 Page 2 B. Due to the height of the brick walls, a hinge condition could be created at the mid-height of the wall causing the wall to buckle either in or out. C. Since the roof structure is not adequately attached to the bearing walls the motion of the top of the wall could cause the roof to drop into the building which would then allow the wall to also collapse. From a life-safety point of view, none of the above scenarios is acceptable. It would be necessary to undertake a thorough seismic upgrade of the structure to justify continued use as a place of assembly. Due to the height to thickness ratio of the existing walls, the most appropriate method of retrofitting the walls would be to build a new reinforced concrete wall adjacent to the existing brick and fasten the brick to the new walls. It would also be necessary to construct steel rigid frames at each end the building which would connect the roof structure to new steel columns to new reinforced concrete footings. Considerable architectural design work and detailing would be needed to maintain the existing appearance of the building. Without an extensive investigation it is only possible to roughly approximate the cost of the retrofit. I have consulted with an engineer who performs a great deal of this type of work and whose firm designed the retrofit work for many buildings in Old Town Sacramento. From those discussions, it is recommended that you would need to budget $100,000 to $200,000 to do an adequate retrofit to provide for life-safety in the building. Even with a major retrofit, you could anticipate that there would be structural damage to the building in a moderate to major earthquake. The experience with retrofitted buildings have been mixed in recent eadhquakes. Some buildings have performed well and others have been damaged heavily. The Earthquake Safety Report prepared by MKM & Associates in March, 1992, was also reviewed. This report stated "There are no signs of distress at the building's exterior. No visible cracks were observed." This is no longer the case. There are now structural cracks in both the south and west walls. The remainder of the report was general in nature and this may have lead some people to believe that the building could be easily retrofitted. This is not the case if you wish to consider the life and safety of building occupants in an earthquake. As noted above, a major seismic retrofit would be needed for this structure in order to continue using it for public occupancy. RHV:Iam Very truly yours, Roger H. Vincent Registered Civil Engineer Expires 3-31-2001 i il II May 14, 1998 707 ~ ~a~.?~ I 0 RECEIVED CiTY OF UKIAH MAY 1 1990 CI'[Y CLERK DEPA~!-MENT City of Ukiah Attn: Uklah City Council Members 300 Seminary Ave Ukiah CA 95482-5400 RE: DEMOLITION PERMIT Dear City Council Members: I am asking you to grant permission to demolish our old church at 508 West Perkins Street in Ukiah. We have a religious obligation to place the spiritual needs of the parishioners entrusted to us above our concern for the preservation of this old this building which no longer meets our needs and which is seriously deteriorated. It is in our best interest to move to the site of our new church on South Oak Street where our parish offices, meeting rooms, and school are located. We do not want our old church to be used for any other purpose. It would greatly hurt the religious sensitivity of our people to see it used by others as a restaurant or housing, etc. Even if it is currently zoned as a residential block, that could change in the future and open up the possibility that the building be used for something that could be highly offensive to our people. Please vote to support the demolition of this building. The parish cannot afford to maintain a vacant lot and building. We don not want to be stuck with an empty building that would be easily vandalized and desecrated. Sincerely yours, Most Rev. G. Patrick Ziemann Bishop of Santa Rosa St. Mary of the Angels Catholic Church 900 South Oak St. · Ukiah, CA 95482 · 707-462-1431 · fax 462-2879 City of Ukiah City Council Members 300 Seminary Ave. Ukiah, CA 95482-5400 May 13, 1998 RE: REQUEST FOR PERMISSION TO DEMOLISH OLD CHURCH Dear city council members, I need your support for the demolition of our old church at 508 West Perkins Street. We have used this building for the past 74 years, but it is time to put it to rest. It no longer serves our needs and we need to sell the property. We do not want any buyer to use the building for any other purpose once we move to our new site on South Oak Street. We do not want to run the risk that the building be desecrated by vandals and that any future use of the building offend the religious feelings of our people. We also would hate to see anyone injured in the building if it is not brought up to earthquake standards. I question statements made by members of the City of Ukiah Demolition Permit Review Committee at their meeting on May 12 where it was said that the building could be used for the next hundred years or longer without a seismic upgrade. If so, then why were we required to post an "Earthquake Safety Warning" per City of Ukiah ordinance number 899 several years ago? I have been in this parish for three and a half years and have heard the concerns and desires of our parishioners. I feel strongly that as much as the people'love our old church building, they are ready to move to our new site. Many of them have grieved over the eventual loss of our church, but they see the practical necessity of demolition. We have done all in our power to find other suitable uses for items from the old church. Many of the old items will be used again for a spiritual purpose such as the old stained glass windows, marble, bell, pews, etc. We will treasure these for many years to come. We will move to our new church and leave the old church behind. When we leave, it will be an empty shell. It is not feasible for us to keep this old unused property and we need the revenue from the sale to help pay for the cost of the new construction. Our primary obligation as Catholics is to see to the spiritual needs of our people. Please allow us the religious freedom we deserve to follow the direction of the Supreme Authority over all earthly matters, Our Lord Jesus Christ. This is a free country and we deserve this right. I call your attention to an October 15, 1996 ruling by the U.S. District Court Judge Frederic N. Smalkin in Baltimore regarding a Catholic Monastery in Cumberland, Maryland when the city used its historic preservation law to block the parish's plan to raze the 146 year old monastery. Smalkin ruled that the Archdiocese of Baltimore and the parish "have a religious obligation to place the spiritual needs of the faithful entrusted to their care above concern for the preservation of a dilapidated building." He then ordered city official to grant the parish the certificate it needed to proceed with demolition. Please do not stand in the way of our religious obligation to obey God. Thank you for considering this very important issue. Rev. Hans Ruygt Pastor St. Mary of the Angels Catholic Church 900 South Oak St. · Ukiah, CA 95482 · 707-462-1431 May 14, 1998 City of Ukiah 300 Seminary Ave. Ukiah, CA 95482-5400 RE: DEMOLITION PERMIT Dear City Council Members, My name is Mary Leittem-Thomas. I have lived in Ukiah and been a member of St. Mary's parish since 1976. My husband's family, the Cunninghams, were here in Ukiah in the 1860's at the beginning of St. Mary's parish. I now work full time as the Pastoral Associate for St. Mary of the Angels Catholic Church. I would like you to consider two points that favor the demolition of St. Mary's Church building. The first issue is public safety. Every Saturday and Sunday, we celebrate Mass six times, gathering over 1000 people in all. For ten years or more, we have posted a required Earthquake Safety Warning sign in the church building per the City of Ukiah ordinance no. 899. (See enclosed, "A") It was after the Loma Prieta earthquake in 1989 that Fr. Gary Lombardi, our pastor at that time, told everyone attending the daily and weekend Masses that it was necessary to plan for a safer building in order to justly address the physical safety of those gathered. He pointed out that the one main exit was a standard double door. Between the people in the pews and the exit door was a balcony that was used for extra seating during all weekend masses. If, in an earthquake, the balcony fell, the only exit would be blocked. Fr. Lombardi went on to announce that we would no longer use the balcony, and he would look into what we needed to do to make the church building safer. The direct result of that inquiry is the building of our new Church and Pastoral Center. The second issue I would like to address is the historical and cultural significance of St. Mary's Church building. Knowing that a Catholic Church building has stood on that site since before 1887 is part of our City of Ukiah tradition as well as our St. Mary parish community tradition. Many of our parishioners have their families' sacramental, spiritual and faith histories connected to that building. Knowing that it will not be misused helps us keep in tact our civic and spiritual memories. Therefore the demolition of the Church building will better preserve it's cultural and historical tradition both for the City of Ukiah and our parishioners. I know this challenges our traditional view of preservation. If the building remains standing, future changes in codes and uses of this building are possible, especially for this city block that stands between residential and commercial areas. As a Catholic and as a citizen, I urge you to consider preserving the memory of this building's historical and cultural impact on this city by allowing it to be torn down. Truly, the present St. Mary's Church remains. In Catholic theology, church refers to assembly; the building is just the edifice that surrounds the "church." (see enclosed, "B") Our ability as a congregation to be "church," to welcome, to serve and to celebrate will be greatly enhanced by our new complex, both in design and in consolidating our physical plant in one location. The money from the sale of this property will help us complete this building project; the demolition of the church building will help us preserve the sacredness of our memories and traditions. Sincerely, //~., ~ Pastoral Associate St. Mary of the Angels Catholic Church Z 0 (,.~ LU -- 0 I~ 0 O~ 0 0 0 0 -- 0 z o_ .d tatius, St. (kroh-may'ztee-uhs), d. 407, )f the north Italian city of Aquileia from 387 ~ts a member of an ascetic community that t his mother, brother, and sisters, Chmma- ~d in Aquileia as a presbyter (priest) when and then Jerome lived there (368-73). till a presbyter, Chromatius participated in -Arian Council of Aquileia (381). Feast day: )er 2. See also Aquileia, Council off slog, y, biblical. See biblical chronology. ~logus, St. Peter (kris-ahl'loh-guhs), ca. bishop of Ravenna and Doctor of the He was a famous preacher; his extant ser- tre the basis for his title of Doctor of the Feast day: July 30. ostom, St. John, ca. 349-407, patriarch of ~tinople, and Father and Doctor of the · The surname "Chrysostom' (Gk., "golden ') was given to him in the sixth century, and lely supplanted his given name. early life combined classical learning and in asceticism: a student of philosophy and · ysostom, the most prolific of the Fathers of the patron saint of preachers; giving money to the inting by Mattia Preti, National Museum, Valletta, mou-uains. Ill health brought ism back to Antioch where he assumed pastoral duties. ()rdained deacon in 381 and priest in 386, he served as preacher in the principal church of the city until 397. Most of his surviving literary work dates from this period. In 397 John was chosen to succeed Nectarius as bishop of Constantinople. Although initially popu- lar, his sweeping program of reforms quickly antag- onized his episcopal colleagues, local monastic leaders, the new aristocracy, and the imperial fami- ly. After 399, he was swept up into the Origenist con- troversy, which allowed his enemies to attack him. In June 403, Theophilus of Alexandria convened the Synod of the Oak, which condemned Chrysostom on twenty-nine charges. The emperor Arcadius rati- fied the decision and exiled him to Bithynia, but popular riots caused his immediate recall. Two months later, however, he was again exiled, first to Cucusus in Lesser Armenia and then to the remote village of Pityus. Compelled by his guards to march in ill health under the hot sun, John Chrysostom died on September 14, 407. In 438, Theodosius II brought Chrysostom's body back to Constantinople, where it remained until 1204 when the Venetians sacked the city and sent his relics to Rome. The choir chapel of Saint Peter's now houses his grave. The most prolific of the Fathers, Chry~ostom has left us ascetical, apologetic, and polemical treatises as well as letters. His place as Doctor of the Church is owed not to works of speculative theology but to explication of Scripture, which followed the historico-grammatical method of the school of An- tioch. An admired stylist, he wrote homilies that of- ten stirred his congregation to tears and applause. · three kinds of post-Pauiine commumt~='s: those fleeted in the pastoral letters [ 1 Timothy, 2 Timothy, and Titus), with their emphasis on teaching, struc- tures, pastoral care, and apostolic succession; those reflected in Ephesians and Cotossians, with their emphasis on the ChuKh as the body and bride of Christ as well as his fullness (Gk., pleroma); and those reflected in Luke-Acts, which stresses both the institutional and the charismatic aspects of the Church, but with particular emphasis on the role of the Holy Spirit. There were ~so ~o forms of Johan- n~e communities, both emphasizing the equality of disciples living in community under the guidance of the Holy Spirit. There was ~so a community re- lated to 1 Peter, heavily influenced by Jewish sym- bolism, which perceked itself as the new Israel and ~e new People of God. The community of Matthew, a mkture of Jews and Gentiles, revered both Mosaic law ~d Peter. A strongly Jewish community ~soci- ated with the Letter of James practiced worB of pi- ety on beh~f of widows and orphans. And there were still other communities identified with Mark, Hebrews, and Revelation, as well as those connected with non-NT writings, such ~ the Didache, I Clem- ent, and the letters of Ignatius of Antioch. There were differences ~so by reason of place. Thus, ~e mother church in Jerusalem was marked by vigorous apostolic actMty, supported by heal- ~gs ~d miracles, the sharing of goods among the members, and a rich liturgical and prayer Ilk, both in the Temple and in the private homes. This com- munity maintained its close links with Judaism, pacify through its strong attachment to the Temple ~d its continuation of Jewish practices. There were disputes baleen Jewish and Greek members over He is the patron saint of preachers. Feast day: the care of widows (Acts 6:1-6) and there was the Januaj4ugqy. ~ great debate over the need for circumcision and the /"' ,, ,,~ observance of Jewish dietary laws ( 15:1-31). Chm'ch (Gk., kyriakon, belonging to the Lord"; \ The church at Antioch was a mixed group of peo- ekklesia, "'assembly"), the Christian community,i pie: former Jews and former pagans ("Greeks") also known as the Body of Christ, the People of God,] alike. It was a model of harmony between them (Gal and the Temple of the Holy Spirit. In its earliesJ/2:1-14). Here for the first time the followers of Jesus x,q~hase the young Christian community did not vjegv Christ were called Christians. They held regular ~ ~ion ..... in itse ''nct from Judaism U ~ssion meenngs at which large congreganons were - of Gentiles to the company of disciples, however, a structed" (Acts 11:26). Prophets and teachers were sharp distinction between Church and Judaism did emerge. The Church and the Churches in the New Tes- tament: The Church of the NT was diverse and plu- ralistic in character. Indeed, the word "church" ap- plied to the great Church, or Church universal, and active (13:1-3) and the gifts of the Spirit were evi- dent (11:27; 15:32). The church at Corinth was predominantly pagan in origin, charismatic in structure (1 Cor 1:5-7; 12:8-11), and marked by human weaknesses, par- ticularly of a sexual kind (1 Cor 5; 6:12-20). The 3~3 rious disorder:; erupted at thc Eucharist because of the behavior of the rich (11:20-34), and partisan groups attached themselves to individual mission- aries ( 1:11: 3:4-5, 22). On the other hand, there was vigorous apostolic preaching and instruction (2 Cor 3:4-4:6), and worship was at the center of its life (1 Cot 11:17-34), especially Baptism and Eucharist (1:13-16; 6:11; 10:1-11, 16-22). It was a church conscious of its communal bond with other local churches and in particular with the church of Jeru- salem, for which the great collection was taken up (1:2; 7:17; 11:16; 16:1, 19; 2 Cor hl; 8:24; 12:13; 13:12). Despite these local differences, certain common elements existed: faith in Jesus as Messiah and Lord, the practice of Baptism and the celebration of the Eucharist, the apostolic preaching and instruction, the practice of communal love, and the expectation of the coming reign of God. There was freedom in all other matters. The Church located itself between the coming of cemzrv the emphasis shifted to the Church's g~. erning structures and iurisdiction. The self-understanding in this period was shaped large part by its reaction against the challeng~ pap~ authority raised by lay investiture, con~. ism, the Reformation, and Gallicanism and national movements. An exaggerated notion of p~ authority bordering on absolutism emerge~ A new ~clesiology appeared in the ~enti~ ' century under the impact of the liturgical, b~ and ecumenical movements, culminating Second Vatican Council (1962-65). For the · e Church is a mystery, or sacrament ("a re~i~ bued with the hidden presence of God" [Pope VID, the People of God, a servant communi~, ecumenical community, a collegial community, ~ eschatological community. And it has but a ~e imemion: ~at the reign of God may come (~. total Constitution on the Church in ~e Mod~ World, n. 45)~a reign of justice md peace ~ of holiness ~d grace (n. 39). See a~o the kingdom, or reign, of God in Jesus Christ and its Church. full realization at the end of history, Its mission''be-~ , ~1~ ' · ,, J' . -rl~Biblio~apny~ tween tl~e times is to vroclaim, celebrate, siunit~,-~ x . . ~ o -~. Cwiekowski, Frederick I. The Beginnings of the Church. ~ and serve the coming reign of God: kerygma (Gk., ~ulist Press, 1988. " "message"), leitourgia ("liturgy;' "public work"), marturia ("witness"), and diakonia ("service"). The Postbiblical Church: As the Church' spread through the Roman Empire, it adapted itself to con- temporary social and political structures. By the lat- ter half of the second century there were synods and councils and the emergence of the monarchical episcopate (one bishop governing each diocese). The self-understanding of the Church (ecclesiology) was developed in response to various crises and heresies. Over against Gnosticism, Novatianism, and Donatism, the Fathers taught that the Church is the unique sphere of the Holy Spirit and that the truth of its faith and preaching is guaranteed by ap- ostolic succession centered on the Church of Rome (Irenaeus); that orthodoxy alone is an insufficient basis of unity with the one Church and that true unity requires unity with the bishops (Cyprian); that the holiness of the Church is derived from God, not from the members, that schism is diametrically opposed to the reality of the Church as a community of love, that the Church is a mixed community of good and bad alike, and that there is a distinction between the invisible Church, those who truly be- long to Christ, and the visible ChurCh, those who be- long outwardly to Christ (Augustine). 314 ' D~s, ^~,~. uoaeU of ~h, Chu~h. S~w York: Ooub~m~, ~, 1978, r~i~ edition, 1987. . K~ng, Hans. ~e Church. Translat~ by Ray and ~ enden. N~ York: Sh~d & Ward, 1 ~7. ~lCUaa~ v. uCa~lm ~, domesti~ See domestic church. .,. ~~ ~d state. The need for ~e ~oI~ Church to develop a body of principles to'o~er relationship with civil political authority ~se · e earliest days of its history. ~t texts testi~ to fact that the leadership of the ecclesi~ communi~ md its members felt the need for guidance ~ d~er- mining how to evaluate the role of ~e ci~ ~d how to direct Christian life in relationship to dem~ds of political authorities. In b~ad it is possible to distinguish the foHow~g majoe stages of development of Church-state teaching: Church ~d the Roman Empire; the Chur& mediev~ Christian republic (Respublica Ch~ ana); ~e Church con~onting the post-Relocation nation-state; ~e Church ~d nineteen&-cen~ liberflism; md ~entieth-centuu Ca~olic before ~d after Vatican II (1962-65). ~e end p~duct of ~is evolutiona~ ment is ~e teaching of Vatic~ II on relations, found principally in Dignita~ Historic · ,, ith .. :c t~t ha · zen [he ? . rooted ir -zi zuthori · ne Churck ,.clasian ~ .~ought. · 11di1 and ,~ ~hurc .~rugglc I :ucdicval · -r~. atfir ~ hutch ~ ':~,ux. [o~ ,'ntftlxh .IIIIIIllC ,,I ~ oBI ,,l :;cdlc , ;1 .Id THOMAS S. BRIGHAM G. ScoTr GAUSTAD PHILIP M. VANNUCCI BRIGHAM & GAUSTAD LLP A'I'rORNEYS AT LAW VICTORY THEATRE PLAZA 387 NORTH STATE STREET POST OFFICE BOX 358 UKIAH, CALIFORNIA 95482 KATHY LOHR CERTIFIED LEGAL ASSISTANT May 14, 1998 Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 re: Demolition Permit Application - 508 W. Perkins Street Ladies and Gentlemen: TELEPIIONE (707) 463-1429 FACSIMILE (707) 467-2492 I have been asked by the applicants for the above-referenced permit to provide a legal context for your deliberations on May 20th. As you know, the application seeks a permit to demolish St. Mary's Catholic Church. Ordinarily, City Council action would not be required and issuing a demolition permit to a property owner would be a ministerial act. However, because the church was built over 50 years ago and because of a hopelessly vague and esoteric ordinance, the City Code requires your approval of the permit. The Demolition Permit Review Committee is recommending denial of the permit. However, their recommendation is not binding upon you. Moreover, it should be noted that one of the five committee members was absent, one voted in favor of the permit, one voted against the permit solely because he felt the structure was safe, and one has a conflict of interest in that she openly conceded her desire to purchase the property from the Church. In any case, the decision is now yours. Evidence and argument will be presented at the hearing to demonstrate that the building does not have historical, architectural, or cultural significance. This letter is intended to address the legal reasons why you must grant the permit regardless of any historical, architectural or cultural considerations. The only legal basis of which we are aware for denying a demolition permit is Government Code {}37361 which is, interestingly, one section in an article covering powers concerning "City Property," including the power of eminent domain. Subdivision (a) of section 37361 provides that the City may acquire historical landmarks by eminent domain. Subdivision (b) provides that the City may "provide for" or "control" other properties, but only if they are "appropriate and reasonable" controls. We submit that telling the Catholic Church that it must leave in place a structure which has no effective use and which will be "gutted" of all of its artistic and religious To: Ukiah City Council Page Two May 14, 1998 fixtures is not "appropriate and reasonable" and, more important, is a "taking" of property under the state and federal constitutions. Yet there is more. The very Government Code section which allows the City to control historical sites, specifically provides that it does not apply: "...to noncommercial property owned by any association or corporation that is religiously affiliated and not organized for private profit, whether the corporation is organized as a religious corporation, or as a public benefit corporation, provided that both of the following occur: "(1) The association or corporation objects to the application of the subdivision to its property. "(2) The association or corporation determines in a public forum that it will suffer substantial hardship, which is likely to deprive the association or corporation of economic return on its property, the reasonable use of its property, or the appropriate use of its property in the furtherance of its religious mission, if the application [of the subdivision] is approved." In enacting this portion of the code section, the legislature noted that it was addressing a matter of statewide interest and concern and that the act ensured "the protection of religious freedom guaranteed by Section 4 of Article I of the California Constitution, and by the First Amendment to the United States Constitution." (Section 3 of Stats. 1994, c. 1199 (A.B. 133).) The Catholic Church alone should have the right to decide where to locate its churches and the symbols of it_~s religion and whether to perpetuate them. For reasons which are important to the St. Mary's parish, the church wants the building demolished. This is not about a quaint old office building -- it's about a religious symbol. For this reason, the legislature recognized that, constitutionally, cities cannot tell churches what to do with their symbols or shrines -- unless it has to do with health or safety. In this case, the parishioners of St. Mary's have clearly stated their desire that the structure be demolished. In fact, a condition of the pending sale from the church to my clients is that the structure be demolished. The church cannot afford to make the structure safe for their own use and they do not want their place of worship converted to any secular use. They will suffer substantial economic hardship if they are either prevented from selling the property or must sell it with an essentially useless structure -- which would be the unprecedented result of denying the permit. It should be recognized that the parishioners will not be the only losers if demolition is denied. St. Mary's has already begun the process of removing the altar, pews, windows, and other items to be incorporated into the new church. If they are prevented from demolishing the remaining To: Ukiah City Council Page Three May 14, 1998 shell, we will have an eyesore on that city block instead of an appropriate and useful residential improvement. Since the zoning for that property is R-l, the abandoned church would not be useable -- even if it were rendered safe. Moreover, the alleged "historical" value of the structure is at least diluted by the removal of its bell, stained glass windows, alter and pews. Sincerely, /2 LTHOMAS S. BRIGHAM 4-98 82 :44 PM NORTH. COUNTRY REALTY -- '707468060~; C'I;',: P.02 llttl IIAIIQI IIIOKIIIt {d~7 1.4, I, S98 Dear Mike, Per our recen~ conversation,please be advised chat we have aearohed the market place f~ earthquake Inz~F~nce, Due co ~he age cn the bulldin9 and conscruc~ion type we wera unable ~e find earthquake co'voyage availaMle in California ~or. the Catholic Church buildin~ a~ 508 W. Perkins SCree~,Uklah, California, Sincerely, De~rah,~quiree Co.w, erc~al Ace~. ~xec., V,~, May 11, 1998 Demolition Permit Review Committee City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 re: Permit Application to Demolish St. Mary's Catholic Church · · Ladies and Gentlemen: . ~ T ':: ', .,',,~C :,..~-~'~.--;..,~-'~? --" -. ..., . :~,".'%... ,..: ~, "... This matter is before you in order to formulat0 a recommendation to the City Council as to whether the St. Mary's Catholic ChQ'rch~:'0n P..erkins Street is an historic resource as defined by section 5024.1 of the' pubi?Resources Code2"'As you know, that section requires that; the structure meet one of four criteria' 1) It is associated v~iith events that have made a significant contribution to the broad patters of Califor. nia'slor Uki.ah. ~.s history.and cultural heritage; 2) It is associated wit. h the lives' of Pe.r.s°ns important in California's or Ukiah's past; . 3) It embodies the disti~'Ctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic virt'ue; or 4) It has yielded or is likely t.o yield information important in prehistory or history. "'-" There is no evidence that criteria 1,2, or 4 apply...,.The only criterion which is possibly applicable is No. 3 but, on analysis, we think you will agree that the church does not fit into this definition. ': '~ '~ '~'-- . '. ..' · . .,; The building design in this case is a mixture of styles, including to some extent the California mission style which originates from the seventeenth century churches built by the Spanish. But it is neither a fa. ithfu. I...c0, py.of anY. of those early churches nor is it a distinctive example of'any· particular style of architecture. It was not designed by anyone of note and cannot be said to possess "high artistic virtue." While elements of the church are certainly pleasing, such as .the tile roof, bell, windows, and interior fur'nishings, those elements will be preSerVed and many of them installed in the new church. The remainder of the structure has neither historical nor architectural significance. lof2 It is important to recognize that a building does not become an historic resource solely by virtue of having been built more than seventy years ago. Moreover, the fact that many people may have an emotional attachment to the church is not sufficient to qualify it for historical preservation. Those persons with the most reason to harbor such an emotional attachment- - the parishioners of St. Mary's itself - - are in favor of the demolition. In fact, the demolition of the church has been made a condition of the sale, for the reasons stated in Father Ruygt'$ letter. Being unable to economically rehabilitate the church, the parishioners prefer to preserve their memories of the importance of this structure to their lives, rather than risking the desecration of that memory by allowing the sanctuary to be used for purposes incompatible with their faith. Sji~ar~/es P'. Lohr 2of2 T ITCHELL ARCHITECTS--PLANNERS (707) 462-8778 FAX (707) 462-1511 135 WEST GOBBI STREET, SUITE 205 UKIAH, CALIFORNIA 95482-5465 May ll, 1998 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re: St. Mary's Church Demolition I have read with interest and concem articles and letters debating the saving vs. demolition of the church. The Catholic parish has been a part of our community for many years and there are those who would equate preservation of the building and its site with preservation of the Parish and its history. The Parish is strong and its value to the Community lies within its ministry. The church building, a mix of Romanesque, Moorish and Southem California styles is architecturally out of context in Ukiah and at best of modest importance. To save it for that reason is not valid and to resurrect it to serve a new social function would disregard the Parish's wishes. Most important to those of us who have selected this Communily to live, work and raise our children in, preservation of the Community is of paramount importance and therein lies my concern. Downtown Ukiah was designed for pedestrians and will never support a suburban population without being destroyed and re-built, or its perimeter cleared and replaced with parking lots. Its preservation, it seems to me, depends on a close-in area of high-density (rural style) residential housing whose occupants find the services, dining and entertainment that our downtown can provide both attractive and convenient. The proposed residential development of St. Mary's Square would be a small but vital start for such a downtown preservation project and preservation of our downtown is desperately important towards saving our Community's identity, and ultimately its very being. Yours truly, Robert M. Axt St. Mary of the Angels Catholic Church 900 South Oak St. · Ukiah, CA 95482 · 707-462-1431 · fax 462-2879 April 23, 1998 City of Ukiah 300 Seminary Ave. Ukiah, CA 95482-5400 RE: DEMOLITION PERMIT Dear city officials, As you know, we are in the process of selling our old church and property at 508 West Perkins Street in Ukiah. Our first church was built on that site in 1870. We are now using the second church on that site which was completed in 1924. Though we have been in the heart of Ukiah for more than one hundred years the time has come for us to leave that location so that we can fulfill the mission we have received form Our Lord Jesus Christ. We believe that we are called to serve the spiritual needs of this community and grow along with it. It is in our best interest to leave our downtown property and relocate on our property near our school and parish administrative offices. You can well imagine that this has been a difficult decision for us because we have come to love our old building and have so many significant memories associated with it. If there was any way that we could stay there, we would do it. However, it is unfeasible for us to preserve or upgrade that building to meet modem seismic standards. We did some studies in the past to find out the cost of upgrading the building and enlarging it. Even if we could afford to do that, we have a critical need to have a hall near our church, but the West Perkins site allows no room for us to expand. A compromise for us is to do all that we can to take with us as many of the spiritually, historically and architecturally significant items. For instance, we will remove all of the stained glass windows and the marble and reuse as much of these as possible. We will remove the old oak pews and use them elsewhere. We will move our old bell to the new church bell tower. We will relocate our old cornerstone to the new site. We will remove the roof crosses. We plan to distribute old bricks or corbels to the congregation as souvenirs. The old church has served us well for many years. It is now time to put it to rest. We would like to see it demolished. We could not bear to see it used for any other purpose than as a place of worship. We have heard that some old churches in other towns have changed hands and have been used for purposes contrary to religion. Thus, I am hoping that you will look favorably on the plans of the buyers which include the demolition of our church. Like many people in our city, we hate to see this treasure go down, but we do believe that it is necessary. With our efforts, many of the significant items will still be long enjoyed by our community in our new location. Sincerely, fi, ours in Christ, Re~ Hans RUygt ' Pastor CITY OF UKIAH DEMOLITION REVIEW COMMITTEE MEETING AGENDA May 12, 1998 1:30 P.M. 1 1 1 1 Sm CALL TO ORDER ROLL CALL CONFERENCE ROOM #3 UKIAH CiViC CENTER 300 SEMINARY AVENUE KENNEDY, PARDUCCI, SAWYER, TULIBACK, AND CHAIRMAN PRUDEN APPROVAL OF MINUTES: May 29, 1997 COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Demolition Permit Review Committee welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. No action will be taken on audience comments at this meeting. APPEAL PROCESS There is no formal appeal process of the decisions made by the Committee. All decisions are advisory to the City Council. Recommendations made by the Demolition Permit Review Committee are scheduled for a public hearing at the next available City Council meeting. DEMOLITION PERMIT REVIEW AND RECOMMENDATIONS A8 508 W. Perkins Street, Assessor's Parcel No. 002-212-03, Roman Catholic Diocese of Santa Rosa 7. NEW BUSINESS ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. 2:DEMO~AGENDA MEMORANDUM TO' Bob Sawyer, Planning Director FROM: Judy Pruden, Chairman Demolition Permit Review Committee DATE: May 8, 1998 SUBJECT: St. Mary's Church -508 W. Perkins Street Not all historical properties are created equal! There has been considerable confusion about degrees of historical significance. After a full evaluation procedure, Ukiah's pre-World War II structures were rated by State and Federal standards. A number 1-10 was assigned to indicate historical significance. On the top of the State's form, which was used in the City's inventory/survey, there is the category "NR" to indicate the National Register Ranking. A rating of NR1 means the structure is on the National Register of Historical Places. An NR2 is for California State landmarks. An NR3 is for structures who are eligible but for which no application has been applied for. St. Mary's Church is rated NR3. It is part of an elite group of 13 properties which only need an application to become an NR1. The Held-Poage Home, 603 W. Perkins, and the Hoffman House, 308 S. School, were formally NR3. They were both accepted on the National Register once their applications were filed. St. Mary's Church is a significant historical resource to the City of Ukiah. I have included part of a letter which defines or clarifies our City's historical survey. This letter was signed by Suzanne Guerra, Coordinator, California Register. JP:mh Enc. STATE OF CALIFORNIA -- THE RESOURCES AOEHCY OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATION P.O. BOX SACRAMENTO F~: (e~e) ~-~4 HS. 3Udy UkLah H~s~ory Spec~a~Ls~ Bu~[~n~ ~rese=va[~on & ~esea=ch 304 S. Ho=lense U~Lah, Ca. 95482 March 29, 1955 PETE W~LSON, Dear Judy: Subject: ~istortcal Resources in Ukiah i~cluded in California Histo¥ica~ Resou__r. ces Information Svste~ I made a printout of all properties in U~iah which are included in our database as you had requested. You will'see that the survey identifies many properties which have National Register Status Codes of 3-5. Properties which have received Codes from 1-5 are considered to be eligible for nomination to the California Register. The survey was paid for by the Office of Historic P~eservation, performed by a qualified historic preservation professi6nal, results were reviewed by OHP staff and included in our statewide database,, so there should be no questions about its legal acceptability. · · . State of California _ The Resources Agency J DEPARTMENT OF PARKS AND RECREATION Set. No. __ HABST HAER_.____ NR 3 .' SIlL . UTM: _ 10/481820 ~-~--_ 4333--~-0 LOC HISTORIC RESOURCES INVENTORY ~ 1. Common name' St. Mar~s Catholic Church 2. Historic name: St. Mar ' s Catholic Church IDENTIFICATION 3. Street or rural address: 504-508 W. Perkins ~-____ Zip _95482 4. Parcel number: 002-212-03 _County Mendoc~no ~ 5. Present Owner: Catholic Church .. ~ Address:~P.O. Box 1297 City_ Santa Rosa _ Zip 95402 _Ownership is: Public _ Private ~X -- 6. Present Use' hu...C~,~~riginai use: Church DESCRIPTION ., ~~-- ~ 78. Ar~itecturalstyle- Mission Revival influences ?b. Briefly describe the present phy$/ca/d~cr/ption of the site or structure and describe any major alterations from its original condition. The large two story stucco structure is rectangular in form, with a tile covered gable roof. A domed and arched tower projects above the building on the southeast corner. The southwest corner is defined by a flat-topped tower. A gabled wing projects from the rear to the west. The facade gable is supported by heavy brackets springing from corbelled arches. A circular window is centered on the facade above the gabled and bracketed entry with its arched opening beneath small tiled shed roo~s. Arched stained glass w~ndows are regularly placed in bays along the side elevations. The north end holds the three sided projecting apse of the church structure. A small rectangular one story gabled addition has been built on the northwest corner and a handicap access ramp has been installed on the west end of the facade The wrought iron balustrades appear added also. ' · A gabled one story building stands on the north, a small rock grotto lies west of the church, and a parking lot stands beyond it. The corner piers of the facade seem incomplete at the top. Lawn, hedges, evergreens and palm provide a.simple landscape scheme for the large .. byilding on its block lot 10. 11. 12. Construction date: Estimated., Factual .1923 Architect Joseph A. Leonard' Builder Unknown Approx. property size (in feet) Frontage 200 Depth 200 or approx, acreage Date(s) of enclosed photogra13h(s) Oct. 1984 13. Condition- Excellent Good X Fair_.____ Deteriorated __ No longer in existence 14.Alterations: Northwest addition__~_handtcap access ram_~, metal balustrades · 15. Surroundings: (Check more than one if necessary) Open land Scattered buildings . Densely built-up X Residential X Industrial ~Commercial Other: - 16. Threats to site' None known._._~X Private development,., Public Works project Other: Zoning. Vandalism , ,, 17. Is the structure' On its original site? X Moved? Parking, Grotto, N structure 18. Related features-._...._ Unknown? SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site.) Ail of Block 48 was donated by Judge S.C. Hastings to the Catholic Church and in 1870 the Catholics built a church on the SE corner. There were several prominent pioneer families, Cunninghams, Hildreths, Gobbis, Johnstons, Connollys, Ruddocks who helped at this early date support the new Ukiah Mission and building. The 1870 structure was built by Father Lueano O'Suna and was only a shell, gradually the interior was finished. In 1893 the mission changed ecclesiastical administrations and became governed by secular clergy. Improvements on the building were made and a new parsonage was constructed in the middle of the block. In 1908 the Franciscans took back the mission and more improvements were made in the 1870 building. In 1921 the 1870 structure was moved to the NE corner of the block and after the new church was built, it was used as an entertainment hall (It is no longer standing). The cornerstone of the new St. Mary's was laid June 1923 by Archbishop Hanna from San Francisco, with the foundations being near the original 1870 site. The new bell tower was hung with the Corbet Family Bell that had been donated in 1887. The new church cost $25,000.00, the moderate cost was the result of generous donations of supplies and materials by the congregation. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 2 Arts & Leisure Economic/Industrial Exploration/Settlement Government Military Religion Social/Education :21. Sources (List books, documents, surveys, personal interviews and their dates). Uklah Republican Press Dispatch Democrat Sanborn Maps 1888, 1898 Catholic California History 22. Date form prepared November 22, 1985 By (name) Organization Address: 203 S. Scboo~ St. City __ Ukiah Zip~ Phone:_ (707) ~62-297] Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH d gosg-E:gt' (ZO/.) ' Hd ~Od NOIlVDllddY 'a^v AUYNl.aS 00£ .. ...... ,; DEMOLITION PERMIT APPLICATION SURVEY (FOR STRUCTURES OVER 50 YEARS OLD) CITY' OF UKIAH CODE SECTION 3016 Property Owner: Property Address: THE ROMAN CATHOLIC BTSH~m ~P SANTA ROSA Applicant: LOHR, SHAPIRO, TROUETTE Assessor's Parcel No.: 2- 212-0 3 Zoning: R-]. General Plan Designation: Age of structure: 75+ yrs. How was age determined? CITY RECORDS property located in the City of Ukiah Architectural and Historical Resources Inventory? YES If yes, 1) is It one of the 200 individually analyzed properties? ¥~.s 2) Is it included in a potential Historic District? YEs Which one? DIST. #2 RESIDENTIAl, WE: 3) is it one of the properties not considered worthy of specific analysis? Describe structure's current condition: FAIR TO POOR. LARGE UNREINFORCED MASONRY BUILDING TO BE VACATED BY CURRENT OWNER, CATHOLIC CHURCH. Describe purpose of demolition: TO MEET OWNERS REQUEST AND kESIDENTIAL DEVELOPMENT. Describe all salvageable archaic materials and any salvage plans: ALL RELIGIOUS, IIISTOR]'¢:A], AND CULTURAL ITEMS ARE BEING REMOVED AND USED IN THE NEW CHUl~CH LOCATION OR BY THE CHURCH IN ACTIVITIES. Can the structure be moved? NO Are there plans to move the structure? NO Describe any moving plans (location, timing, etc.): NONE General comments regarding historic, architectural, or cultural significance of building/property: THE BUILDING SERVICED THE CATHOLIC COMMUNITY FOR MANY YEARS. TNE BUILDINGS HAD MANY RENOVATIONS AND CHANGES TO MEET THE CHANGING CHURCH COMMUNITY NEEDS. NOW IT NEEDS TO BE REMOVED. SEE ATTACHED LETTER. Describe any unique features of building or property: PROPERTY SS IDEALLY LOCATED FOR RESIDENTIAL DEVELOPMENT, CLOSE TO SERVICES AND FACILITIES. Recommendation for City Council action:. Describe the Demolition Permit Review Committee's actions on the application (page 2). Property Detail Mendocino, CA Charles Cliburn, Assessor Parcel # (APN): 002-212-03-00 Use Description: CHURCH Parcel Status: ACTIVE Owner Name: ROMAN CATHOLIC BISHOP OF S Mailing Address: Situs Address: egal escription: PO BOX 1297, SANTA ROSA CA 95402 508 W PERKINS ST, UKIAH CA ASSESSMENT Total Value: Land Value: Impr Value: % Improved: Exempt Amt: Price/SqFt: $176,223 $52,054 $124,169 64% $176,223 Use Code: Tax Rate Area: Year Assd: Property Tax: Delinquent Yr: Exempt Codes: 007100R3 003014 1998 Zoning: Building Class: Improve Type: SALES HISTORY Recording Date: Recorded Doc #: Recorded Doc Type: Transfer Amount: Sale 1 Seller (Grantor): 1st Trst Dd Amt: Sale 1 01/01/62 37325 Code1: Sale 2 Sale 3 2nd Trst Dd Amt: Transfer Code2: PROPERTY CHARACTERISTICS Lot Acres: Lot SqFt: Bldg/Liv Area: Units: Buildings: Stories: Style: Construct: Quality: Condition: Other: Other Rooms: Year Built: Effective Yr: Total Rooms: Bedrooms: Baths (Full): Baths (Half): Bsmt SqFt: Garage SqFt: Fireplace: NC: Heating: Pool: Flooring: Park Type: Spaces: Site Inflnce: Timber Preserve: Ag Preserve: Page: 1 of 1 ! · ~ m~ m m~ m : I I MINUTES DEMOLITION PERMIT REVIEW COMMITTEE May 12, 1998 MEMBERS PRESENT Rick Kennedy, Director of Public Works/City Engineer Charles Stump, Senior Planner (for Robert Sawyer) Carl Tuliback, Building Inspector/Plans Examiner Judy Pruden, Chairman OTHERS PRESENT J. R. Barrett Monte Hill Jack K~ MEMBERS ABSENT Thom Parducci Robert Sawyer STAFF PRESENT Marge Giuntoli, Recording Secretary The meeting of the Demolition Permit Review Committee was at 1'31 p.m. in Conference Room 3, Ukiah Civic Roll was taken with the results listed above. Chairman Pruden Ukiah, California. 3. APPROVAL OF MINUTES - Chairman Pruden suggested the Under Item 6A, amend to read: property other than the fact that property discussed.' sa an e minutes: Page 1, 1st Paragraph was no significant history on this years. The historical evaluation of the Since recomme the next mei ab ittee rr was not present to approve the minutes, it was be made, and the minutes be submitted for approval at 4. C; NON-AGENDA ITEMS No co ~nts were mai 5. APPEAL P Pruden there is no formal appeal process of the decisions made by the are only advisory to the City Council, and that recommendations are scheduled for hearing at the next available City Council meeting. 1 VlOLITION PERMIT REVIEW AND RECOMMENDATIONS 508 West Perkins Street, Assessor's Parcel No. 002-212-03, Roman Catholic Diocesc of Santa Rosa Demolition Permit Review Committee Page 1 May 12, 1998 Chairman Pruden advised that the subject property is commonly known in the community as St. Mary's Catholic Church, and that the demolition permit application was filed by both the buyers and sellers of the parcel. She stated that St. Mary's has been included in the City's Historical Resource Inventory, and referenced her memorandum to Planning Staff of May 8, 1998 in which she describes the ratings of historical properties: "...After a full evaluation procedure, Ukiah's pre-World War II structures were rated and Federal Standards. A number 1-10 was assigned to indicate hi., the top of the State's form, which was used in the City's category "NR" to indicate the National Register Rankin~ structure is on the National Register of Historical PI, landmarks. An NR3 is for structures who are eligible b no applied for. St. Mary's Church is rated NR3...[and] is nificant City of Ukiah..." State On is the the ~rnia State She further referenced a portion of a letter of March 29, Guerra, Coordinator, California Register, regarding California Historical Resources Information System": "1 made a printout of all properties in Ukiah whicl requested. You will see that the Register Status Codes of 3-5. Prope considered to be eligible for nomination by the Office of Historic Pres~ professional, results were reviewed :Office our statewide database, so the )uld be ncluded had re( anne irces in Ukiah Included in as you had have National from 1-5 are survey was paid for historic preservation staff and included in bout its legal acceptability." Mike Shapiro, 367 North State 1998 to the Demolition P, and himsel ~ich by structui of 2) It is 3) It ew and read a letter dated May 11, James Lohr, Jeff Trouette, high artist 4) It ha., is to recommendation to the City Council as to lurch on Perkins Street is an historic resource as defined rces Code. As you know, that section requires that the that have made a significant contribution to the broad s history and cultural heritage; the lives of persons important in California's or Ukiah's past; characteristics of a type, period, region, or method of the work of an important creative individual, or possesses /irtbe; or ~lded or is likely to yield information important in prehistory or history. that criteria 1, 2, or 4 apply. The only criterion which is possibly Io. 3 but, on analysis, we think you will agree that the church does not fit into This building design in this case is a mixture of styles, including to some extent the California mission style which originates from the seventeenth century churches built by the Spanish. But it is neither a faithful copy of any of those early churches nor is it a distinctive example Demolition Permit Review Committee Page 2 May 12, 1998 of any particular style of architecture. It was not designed by anyone of note and cannot be said to possess 'high artistic virtue'. VVhile elements of the church are certainly pleasing, such as the tile roof, bell, windows, and interior furnishings, those elements will be preserved and many of them installed in the new church. The remainder of the structure has neither historical nor architectural significance. It is important to recognize that a building does not become an historic resource solely by virtue of having been built more than seventy years ago. Moreover, the fact people may have an emotional attachment to the church is not it for historical preservation. Those persons with the most reason to harb¢ motional attachment--the parishioners of St. Mary's itself--are in of the In fact, the demolition of the church has been made a condition ol stated in Rather Ruygt's letter. Being unable to economically the ch ioners prefer to preserve their memories of the importance of ~an risking the desecration of that memory by allowing be incompatible with their faith." Mr. Shapiro continued by distributing and reading a of Axt & Mitchell Architects/Planners relative to the de~ 11, 1998 from Robert M. Axt Iates: "1 have read with interest and concern article., :..vs. demolition of the church. The Catholic Parish has Comm years and there are those who would equate and with preservation of the parish and its history ........ ::,~ii~i,,i?: The Parish is strong and its value~i~~' the Co~nity its ministry. The church building, a mix of Romanesque ::~t:'ish and~thern~" C; styles is architecturally out of context in Ukiah and at I; ~dest i~rtance. ~i~i,'~Save it for that reason is not valid and to resurrect it to serve ~ social ::~tion wo~!il~i~isregard the Parish's wishes. to lo hav~i~~§ Community to hve, work and raise our Comm~~>~aramount importance and therein lies my without Its hou can )ment of preservation proj{ saving our ~ and will never support a suburban population its perimeter cleared and replaced with parking lots. to ,pends on a close-in area of high-density (rural style) )ants find the services, dining and entertainment that our attractive and convenient. The proposed residential Square would be a small but vital start for such a downtown "ada preservation of our downtown is desperately important towards ity's identity, and ultimately its very being." · conti by stating that the church is a very pretty building and has served well; however, it is the decision of the parishioners and the diocese that it has r life, and they would like to move forward with their new facility and sell the prol condemn the church to be held as a vacant building provides no resources to the owners of the building nor to the community. Therefore, the applicants have entered into this agreement with the diocese to purchase this property and develop it into housing, upon the ability for the church to obtain this demolition permit. Demolition Permit Review Committee Page 3 May 12, 1998 Chairman Pruden stated this decision on demolition is basically dependent on economic factors. It appears that last year when the church was for sale, there was no condition for demolition, and she was contacted by numerous individuals regarding positive readaptive uses; however, the R-'I zoning made it difficult to convert to commercial or retail uses. The recent condition of demolition upon sale of the property appears to be a new caveat that was not originally a part of the selling plans. It also appears that both the buyers and the sellers feel the lot is more valuable with the building demolished rather than standing. If there are concerns regarding the use of the building, deed restrictions can be put it in that the building be used fo,r assembly or community cultural events. There are some misconce value of the property, in that it was done by Joseph Leon. architect, who is well known in San Francisco and architecture. By way of comparison, the City's Methodi: Jrch, whi than this particular property and is of the same con. of unrei~ NR5 rating, because even though the building is a pie significant facade that would set it apart. St. Mary's rating because of that particular factor. In her opinion, of St. Mary's is not an area up for debate, since professio the material as filed. She stated she had received many parishioners from St. Mary's, asking what can b~:'done be respectfully and tastefully reused in the as public architectural California Californ~,~ years o a unique and higher and architectural significance consultants have accepted Ihe community, including ilding and how it can Jack Kummert, 250 Gobalet Lane, re had been working on the overall building to make an evaluation of remodeling the building is unreinforced mas~ for providing adequate parking an on Oak Street, and have investe~ integral of this means or ity to turned effective purchase ~nd is not apparen1 that. the vacant such Committee, stated they for d had engaged an architect s deemed unfeasible because be pro litive, and they were restricted in area n. The~ forced to move to their properties dollars in this new facility. One of the church. The parish does not have the nd it is the parishioners' wish that it not be auty parlor. They feel that the best and most on of the property. However, if some party is willing to ~seum or a similar use, that would be acceptable, but it Chairn; could there com is a major M; congregation an facility. The the b~ ~s long as the church did not remodel the existing building, they maintenance. What triggers the seismic retrofit in this ~1. Early on it became obvious that with the size and growth of St. to have a different configuration, it was necessary to build a development plan that St. Mary's submitted this past year was superb she has ever seen as a Planning Commissioner. The growth of the ;rful also; however, those are not the issues being considered here. She with Mr. Kummert, and indicated that if this community wants to turn St. cultural center, they need to step forward and buy the property to do so. However, will take a bit of time to see if the community is willing to make the efforts to do that. Until this particular escrow agreement came to light recently, the community, including herself, was Demolition Permit Review Committee Page 4 May 12, 1998 under the impression that the demolition of St. Mary's was not a necessity of sale and that whoever was going to purchase the property was going to look at the building for rehabilitative use. Mr. Kummert referenced similar situations with some of Santa Rosa's old buildings, and noted that funding was just not available to maintain these old buildings on a continuing basis. Although preservation is a noble cause, it is a fact that these buildings cost money to maintain and that they deteriorate without proper care. Mr. Shapiro commented that the Palace Hotel in Ukiah has been also been vacant for ten years, and the City's Fire Marshal a fire to protect the building. Unless there is the structure, it falls into decay. He referenced the exam Hall to illustrate that deed restrictions do not necessaril, property beyond very narrow limitations. he Carn but has not respond to the saving Ukiah Senior Planner Stump stated that he found himself in made by all of the concerned parties. As Planning st; values of the church regarding the need to demolisl applicants' motivations and wishes for this project, an economic venture for them. However, it woul~ responsibility and narrow scope it has as a me desires, wishes, and motivations. Planning City Council regarding whether or not although some of these other factors He noted his disagreement with M~ this building, and offered the folh lments with several of the comments ~nderstand the desires and le also understands the that this is an staff, given the ass judgment on those ascertain and advise the architectural significance, it reaches the Council level. to the historical significance of 1. Based upon of th, to ~ning research, which consisted of review review of information gathered over the of Historic Preservation and the National Trust for as review of case law related to historic preservation, g: b. d. building has a special historic quality because it is the one of the best examples of Spanish/Mission Colonial Revival the City; 3g strongly exemplifies and reflects special elements of the City's cultural iai history because it has been a centerpiece of social life and religious use he west side of Ukiah for 75 years; ~e building is strongly identified with a person highly significant in local history, ~ it was designed by Mr. Joseph Leonard, a well known Bay Area architect who practiced in San Francisco and Ukiah, and is regarded as one of the two most important architects affecting the City's growth; and The building has received a National Register ranking of 3, which makes it highly eligible for listing on the National Register of Historic Places. Demolition Permit Review Committee Page 5 May 12, 1998 He continued by stating that, based on those conclusions, Planning staff has determined this structure is both historically and architecturally significant. However, having made this conclusion, staff also acknowledges that reuse of a building is the key to preservation. Preservation without reuse and maintenance is, in staff's minds, a mistake, and perhaps not in the best interest of the community. The Palace Hotel is a good example of this thought. Accordingly, perhaps the City Council, in their capacity as decision makers, could decide that not enough information is available to make a final decision regarding the building's historic and architectural si perhaps the missing information for determining whether this ~as architectural significance to this community is whether or not the local can step forward and genuinely assist in a preservation the "missing information" that truly indicates whether or architectural significance. Perhaps an option, then, is opportunity to see if the overall community deems this b~ significant and to find, with the assistance of staff, the replacement use can be established within a reason; the overall community does not support the building determined that it does not have local historical and ,ide the to and that and/or community" may provide ;al historic and:. time. If that that then perhaps it can be ~ificance. Public Works Director/City Engineer Kennedy comrnented the structure has historical significance; is a building is a house of God, and it is his o other than that. in his mind that in that the lis structure to be used Chairman Pruden clarified with FathE parish has moved out so that it will have religious and symbolic impol statuary, crosses, and stained longer be a ~bouse of God. communil )Id St. ;will gh the ~uygt ill be deconsecrated after the church, and that certain things that Church worship such as the altar, the building. In that regard, it will no likely will always be referred to by the Jeff Tro uses of the covenants or a court battl ;iple the I: 31icant, commented upon potential future commercial several different ownerships, and noted there were no the title that would protect it from anything other than Chai R-1 al Pruden her knowledge of the community, she felt it unlikely that the hborhood ...... ~verted to commercial, or that such uses as bars and restaurants ~'be permitted in th~of an established residential neighborhood. The property values gh on the west and would appear to remain so. If the community steps forward and :hey want to u~:~l~'he building both respectfully and responsibly, it can be structured in such community's need to save the building and the Catholic Church's need to are use can be met. She suggested an assembly hall or community cultural uses which are allowed in the R-1 zoning. Monte Hill, 1308 West Clay Street, inquired if the property contained the required parking for a meeting hall use, and noted that as a general rule, churches are allowed some leeway because Demolition Permit Review Committee Page 6 May '12, 1998 they meet on Sunday. However, if the building is used as a meeting hall on any day other than Sunday, there are parking requirements that St. Mary's itself was not able to meet when they desired to build a hall on the property. The reason the parish is moving is because they were badly in need of a meeting place, and the reconfiguration was not related to congregational seating, but rather because of that need. As a result of surveys conducted within the parish, it was decided to build both a church and a hall together. That was not possible on the current property, because of parking requirements and updates due on the unreinforced masonry of the buil( Chairman Pruden replied that with expansion, parking may have expansion is not the issue at this time. There has been no and the parking can be grandfathered in as being sufficiel however, ling the footprint, ,~S. Mr. Kummert commented the property has been $250,000, and that St. Mary's is committed to their cu~ facility. However, their parish is obligated to pay be sold, and while it has been suggested that the derr community interest, there is no one who will pay the To deny the demolition permit forces the parish to ass~ is not very responsible. He noted that they already of time the parish was expected to wait to see if to a buyer, un ~ly have no' 250,000 if the:' cannot ~layed to ascertain the level of ~rish during that delay time. it is his opinion that this relative to the length Chairman Pruden stated she believed the the amount of telephone calls she had already secured one quarter of the ary fu! community, based upon and indicated she had Mr. Kummert expressed his cot prejudice against the ap what ed to be Chairman Pruden's Chairman not supl that she expressed cultural reso~ since there' ~ut of was an I, and had previously stated she was at least 40 demolitions over the past 15 years have only been 4 or 5 out of those 40 that she has forward to the City Council. St. Mary's is a significant caution must be used when making these decisions, at-large. Mr, stated the cultura ~cility. The' and not be burd( to purchase. important to separate the cultural significance from the ~nce of St. Mary's will not only be maintained, but will grow in the building itself and allowing the cultural community of St. Mary's to by a building that after being on the market for a year, no one stepped church in the community had an opportunity to look at it, and all came which is that insurance and rehabilitation costs would be enormous. He oi and crosses are all being saved and reused, as they should be. the current position regarding earthquake standards is that a building owner :o notify the general public that it is a dangerous building. What is being discussed ihysical building; the important artifacts including the windows, pews, cornerstone, bell, The real issue is whether the Demolition Permit Review Committee Page 7 May 12, 1998 Church can go forward and use its assets to enhance its cultural activity, or whether it will be forced to maintain a building for the whim of others. Jim Barrett, PO Box 1448, representing First Presbyterian Church, voice his support of the co- applicants and the demolition permit application, and noted they were in negotiations with the prospective new owners for purchase of one-third of the existing parking lot. Chairman Pruden clarified that the building, as it currently stands, upgrading. She noted she had made inquires regarding insurance example of a standard liability insurance figure of $5800 fol- excluding earthquake insurance. any seismic ad secured an buildings, Discussion followed regarding insurance premiums, issue and was an option to be left to the discretion of tt Mr. Trouette stated he had been involved in recent concern regarding the length of time it took for the pr residents who are genuinely interested in the property, interest during public testimony. within the City, expressed ested that if there are and express that Discussion followed wherein staff explained sole responsibility of the Review Comm and architectural significance of a prope ~rmit s, and clarified that the icil relative to the historical Jim Mulheren, 621 Capps Lane, neighborhood with residents wh( having an vacant, dilapidated, thereby affecting their pro old an~ was located in a nice, westside he did not believe they would like raffiti all over it sitting on an empty lot, Ch; thoug was going to occur. Mr. Mulh~ writing graffitti halls, includ he thl hall is it d{ lished. He furtl th~ is no one who will be present to stop people from He noted that the City already had sufficient meeting Grace Hudson Museum, and fairgrounds, and that .~t people together to keep this building as a museum or meeting Church's feelings that this is no longer a church, and they wish his concern relative to what he determined to be Chairman bias towards own position, her stated procurement of partial funding, and suggested s~ii:=i~ep aside as chai~n of the Committee. ~in~i~,i~n Pru~e~i~acknowledged his opinion, and clarified that she had no m,,~~;i~ ........................ ~ll~li~i~i~, ..... . t contacted the a!~~e~o the fund,ng, but that the individual had contacted her She ex res her ~:~~ . . · p sed c~~~ to the removal of some of the exterior material on the building, and noted that it musl .... i~'~:'~'&~ie carefully so that the facade was not damaged, since there had been no approval of demolition. She inquired regarding the removal of the bell and stained glass windows, and noted there had been problems in the past where police had to be placed on a property so that demolition Demolition Permit Review Committee Page 8 May 12, 1998 did not occur prior to permission being granted. She clarified that until a demolition permit is issued, there are certain things that can or cannot occur. Jim Lohr, 676 South Orchard, co-applicant, took exception to Chairman Pruden's comments relative to illegal activity that may occur, and stated that he was offended by her position. Mr. Kennedy MOVED that the Demolition Permit Review Committee make a re( the City Council that, despite its historical significance, the St. Mary's Catholi( of God, will be always be known as a house of God, and therefore because the Church no longer wants it to worship God at th to is a house its demolition The motion died for lack of a second. Mr. Stump stated he felt that the Church had made a demolition, and that all of the issues are important for th~ However, based upon the role of the Committee in this and findings, as previously articulated, he was pre and it for cil to consid, ~rstand. ~d Planning staff's conclusions orion. Senior Planner Stump MOVED, and Chairman Pruden second~ based upon the information presented, the churcl architectural significance to this community. Building Inspector Tuliback stated th; present and possible future use ba,, ife, and adjoining property owners. It ' ' and structural stability, although sound, and that will be the basi= voh raised in the meeting toda hi ased o~ lineer, the City Council that, has historical and the building for its sues relevant to the occupants is experience with the building code the building is stable and structurally motion regardless of the other issues Ch~ evidem citizens. !ding vote of the motion based on the preponderance of and historically significant to the City of Ukiah and its Mr. Sha ' proponel articul but certainl, ittee's authority and Chairman Pruden acting as a a chairperson; a clear advocate, unashamed, unblemished, and carried by t g roll call vote: Mem Stump, Tuliback, and Chairman Pruden. .r Kennedy. [embers Parducci and Sawyer. Chairman Pruden clarified with staff that the matter would be heard at the City Council meeting scheduled for May 20, 1998. Demolition Permit Review Committee Page 9 May 12, 1998 7. NEW BUSINESS Chairman Pruden advised that the two houses owned by Mickey Pope on 586 North State Street had both been rehabilitated instead of demolished, mainly for financial reasons, and that they were nicely done projects. She further advised that there had been a 90% salvage job done on the property at 1141 South Dora Street. She continued by expressing her concern relative to what are de controversial demolition permit applications, and that it appeared ont without being claimed to be biased or prejudiced. She stal ti: involvement with the various permits, she had received letters, and was physically assaulted and subjected to icter ass; she was not able to make decisions as a public official if had to and personal property, and that she will report future inc to staff as before. the more an opinion times during her anonymous:. ~e stated ~)nly 8. ADJOURNMENT There being no further business, the meeting adj at 2:3 Marge Giuntoli, Recording b:meg\dm05 Judy Prude Demolition Permit Review Commiffee Page10 May 12, 1998 AGENDA SUMMARY ITEM NO. 8b DATE: May 20, 1998 REPORT SUBJECT: DISCUSSION OF POTTER VALLEY PROJECT IMPENDING ENVIRONMENTAL IMPACT STATEMENT SCOPING SESSIONS AND POSSIBLE ACTION TO BECOME AN INTERVENER On March 31, 1998, Pacific Gas & Electric Company (PG&E) filed a notice of application with the Federal Energy Regulation Commission (FERC) to state PG&E's intent to prepare an Environmental Impact Statement (ELS). This is being prepared for the proposed Eel River diversion adjustments, which would reduce flows to the Russian River. FERC has now issued a notice of site visit and scoping meetings pursuant to the National Environmental Policy Act regarding this application for an ElS. The purpose of the scoping session will be to identify significant issues related to the proposed action and determine what issues should be addressed in the environmental document. The objectives of the scoping meetings are to: 1) Summarize the environmental issues tentatively identified for analysis in the ElS; 2) solicit from the meeting participants all available information, especially quantifiable data, on the resources at issue; 3) encourage statements on environmental issues that should be analyzed in the ElS, including opinions in favor or in opposition to the staff's preliminary list of issues; 4) determine the depth of analysis for issues addressed in the ElS; and 5) identify resource issues that will not require detailed analysis in the ElS. The Ukiah scoping session meetings will be held June 3, 1998, from 1:00 p.m to 3:00 p.m., and 7:00 p.m. to 9:00 p.m., at the Ukiah Valley Conference Center. (Continued on Page 2) RECOMMENDED ACTION: After discussion regarding Potter Valley Project Impending Environmental Impact Statement Scoping Sessions, determine if the City of Ukiah should file a Motion to Intervene. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Select other options for City direction. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Attachments: Acct. No.: (if budgeted) N/A Mayor Malone Candace Horsley, City Manager 1. Letter, dated April 30, 1998, from PG&E 2. Notice of Site Visit and Scoping Meetings from FERC 3. MCIWPC Agenda- May 7, 1998 APPROVED: Candace Horsley, City~ Manage 4/Can.ASRPG&E ~ The Mendocino County Inland Water & Power Commission (MCIWPC) discussed this item at their May 7, 1998 meeting. Mayor Sheridan Malone was in attendance and has relayed the Commission's action to apply for intervener status with FERC. Mayor Malone asked that this item be agendized for the City Council to discuss and determine if we also want to apply as an intervener. Only those agencies who file a Motion to Intervene in accordance with FERC's rules, may become a party to the proceedings. Any applications for the Potter Valley Project proposal must be filed by June 8. Mayor Malone will verbally present further details of the MCIWPC meeting at the Council meeting. ?acific Gas and Electric Company April 30, 1998 Mr. Michael Delbar First District Supervisor County of Mendocino 501 Low Gap Road, Room 1090 Ukiah, California 95482 Terry Morford Manager Hydro Generation 245 Market Street. Room 1103 San Francisco. CA 94105 Mailing Address Mail Code N1 lC I~0 8ox 770000 San Francisco. CA 94177 415.973.5311 Dear Mr. Delbar: re: Flow Proposal for PG&E's Potter Valley Project (FERC No. 77) This letter is in response to your letter to Mr. E. James Macias, dated March 30, 1998. It was a pleasure to meet with you and Sonoma County representatives on March 16 and we understand the meeting was of value and appreciated. As you are aware, PG&E filed its recommendation for a modified flow schedule for the Potter Valley Project at the Federal Energy Regulatory Commission (FERC) on March 30 1998. On April 13 FERC issued a "Notice of Application Filed with the Commission and Intent to Prepare an Environmental Impact Statement," inviting comments, recommendations for terms and conditions, protests, or motions to intervene to be filed at FERC by June 8 (see Attachment). The notice also indicates that as part of developing the Environmental Impact Statement (EIS), FERC will conduct a series of scoping meetings in the project vicinity to identify environmental issues and other information to be included in the EIS. The dates, times and locations for these meetings will be announced in a subsequent public notice to be issued by FERC. We encourage you to submit your concerns at the Commission by June 8 and to attend the scoping meetings. Concerns about the proposed flow schedule expressed by Mendocino County would provide FERC with a more balanced view of the proposal's impacts to Mendocino County water users. There is an issue discussed in your letter that we wish to clarify. You claim in your letter there is a "fatal flaw" in PG&E's recommended flow schedule for the project. This alleged fatal flaw results because the proposed flow schedule includes provisions to meet PG&E's water contract obligations to the Potter Valley Irrigation District on the East Fork Russian River, but that these provisions are inadequate to meet PVID's additional water rights demands. In fact, PG&E has storage rights for approximately 9,000 acre feet in Lake Pillsbury for irrigation use in PVID. PG&E is obligated to deliver up to 19,000 acre feet annually at the Potter Valley Project tailrace as stipulated in the contract between PG&E and PVID. Specifically, PG&E is required to sell and deliver to PVID at a rate not to exceed 50 cfs at the tailrace up to 16,660 acre feet during the summer Mr. Michael Delbar April 30, 1998 Page 2 (May 1- October 15) and the difference between 19,000 and the amount delivered in the summer during the winter (October 16 to April 30). PG&E's recommended flow schedule filed at FERC provides for this obligation. PG&E is not obligated to import an amount beyond the contractual 19,000 acre feet annually, even though PVID may have rights to the water once it is imported to the tailrace. In other words PVID's water rights are subject to the foreign importation of water based on PG&E's operations. Historically, additional water has been available to PVID under PG&E's normal operations in most water years, and the flow recommendation does not attempt to significantly alter these operations for PVID. Since the flow recommendation is based on natural hydrology, it is difficult to predict exactly how much water will be supplied to the East Branch Russian River in any particular year. PG&E has been and remains willing to cooperate to help meet PVID's critical water needs. If you have further questions about this matter, please contact Ms. Rhonda Shiffman of my staff at (415) 973-5852. Sincerely, copy attached list UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION NOTICE OF APPLICATION FILED WITH THE COMMISSION AND INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT (April 13, 1998) Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. Type of Application: Proposal to Amend Minimum Flow Releases b. Project No: 77-110 c. Date Filed: March 31, 1998 d. Licensee: Pacific Gas and Electric Company e. Name of Project: Potter Valley Project f. Location Eel River and East Fork Russian River, in Lake and Mendocino Counties, California. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)- 825(0 h. Licensee Contact: Mr. Terry Morford Manager- Hydro Generation Pacific Gas and Electric Company P.O. Box 770000, Mail Code N 11C San Francisco, CA 94177 (415) 973-4603 i. FERC Contact: Dr. John M. Mudre, (202)219-1208 j. Comment Date: JUNE 8, 1998 Project No. 77-110 - 2 - k. Description: Pacific Gas and Electric Company (PG&E), licensee for the Potter Valley Project (FERC No. 77) has filed the final report on its 10-year study of the effects of its article 38 minimum flow schedule on salmonids, and its associated proposal for changes to the required minimum flows at the project. The flow proposal represents the culmination of negotiations among technical staff of PG&E, the California Department of Fish and Game (CDFG), the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service. Under these "Joint Recommendations" (JR), flows to the Eel River would be adjusted up to three times per day in response to changes in streamflow in the downstream Tomki Creek. The quantity of flow released would be proportional to Tomki Creek flow and would range, in normal years, from 5 to 200 cfs. During dry years, "water conservancy" measures would be implemented that could reduce releases by up to one half, but flow would never be less than 5 cfs. The JR also reserve a block of 5,000 acre-feet of water annually to maintain pre-specified flows during protracted droughts when the release schedule prescribes flow reductions in response to natural conditions. Because the project serves as an inter-basin transfer, increased minimum flow releases to the Eel River woald result in decreases in diversions to the East Fork Russian River. Under the JR, diversions to the East Fork Russian River would decrease from an estimated 8 percent in the wettest years to 25 percent in the driest years. From a volumetric perspective, the annual reduction in diversions would range from an estimated 13,000 to 18,000 acre feet. The JR also contain non-flow provisions for protecting and enhancing aquatic resources. These include: 1) PG&E will provide $20,000 annually to fund a scientific aide position at the Van Arsdale Fishery Station; 2) PG&E will fund annual chinook salmon carcass surveys at selected sites on the Eel River and Tomki Creek; 3) PG&E will provide CDFG $10,000 annually for Sacramento squawfish suppression; 4) PG&E will provide CDFG up to $30,000 annually for CDFG's chinook salmon and stock rescue program; 5) PG&E will continue to cooperate in releasing warm water from the spillway of Scott Dam in the late winter/spring period to promote the timely migration of juvenile chinook salmon from the Eel River between Scott and Cape Horn Dams; 6) the Tomki Creek flow gage will be updated to improve the precision of low flow measurements and to allow data telemetry for flow calculation; and 7) Cape Horn Dam will be modified to allow accurate regulation of the higher minimum flows provided under the JR. Project No. 77-110 - 3 - Commission staff has determined that amendment of the minimum flow requirements at the Potter Valley Project could constitute a major Federal action significantly affecting the quality of the human environment. Therefore, staff intends to prepare an Environmental Impact Statement (EIS) for the proposed amendment. The EIS will also consider reasonable alternatives to the proposed amendment. A draft EIS will be issued and circulated for review to those on the mailing list for this proceeding. All comments filed on the draft EIS will be analyzed by Commission Staffand considered in the final ElS. As part of the ElS process, we will be conducting a series ofscoping meetings in the project vicinity. The purpose of the scoping process is to identify the scope of environmental issues that should be analyzed in the EIS and to provide us with information that may be useful in preparing the ElS. The dates, times, and locations ofthe scoping meetings will be announced in a subsequent public notice. We will also accept written scoping comments from any interested party, either prior to, or for a limited period following, the scoping meetings. To help focus comments on the environmental issues, a scoping document outlining subject areas to be addressed in the EIS will be sent to those on the mailing list for this proceeding prior to the scoping meetings. The deadline for receiving scoping comments will be specified at that time. Those not on the mailing list may request a copy of the scoping document from the project coordinator, whose telephone number is listed below. Those wishing to be added to the mailing list or to submit comments, information, or other correspondence pertaining to this proceeding should file their correspondence with the Commission at the following address: The Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 Ail filings should show the folloxving on the first page: "Potter Valley Project, FERC No. 77-110. For further information, please contact the FERC Project Coordinator, John M. Mudre, at (202)219-1208. Project No. 77-110 - 4 - I. This notice also consists of the following standard paragraphs: B, C l, and D2. B. Comments, Protests, or Motions to Intervene -- Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Cl. Filing and Service of Responsive Documents --Any filings must bear in all capital letters the title "COMMENTS", "RECOMMENDATIONS FOR TERMS AND CONDITIONS", "PROTEST", OR "MOTION ~Q_I~Nf_.E_~..VE~NE", as applicable, and the Project Number of the ........ particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. D2. Agency Comments -- Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Linwood A. Watson, Jr. Acting Secretary' HAY-07-BB I 1 : OB FROM:HUMBOL[~T BAY PO~/£R PLANT ID: 7074440736 UNITED STAT~S OF AMERICA FEDERAL ENERGY REGULATORY COMHISSION Pacific Ga~ ~nd Electric Company ) Project No. 77-110 NOTICE OF SIT~ VISIT AND SCOPING MEETINGS PURSUANT TO THE NATIONAL ~ POLICY ACT OP 1969 (l~ay 5, 1~9S) On A~ril 17, 1998, T.he Fed~ral Enerc~ l~latory Co~ (co~miss/~) t,~ued notice of a/t application for amendment cz license for the Po=ret Valle~ ProjscU (FERC No. ??-110) and of ou~ into~t ~o ~repare'an Knv~ronmental Impact stat~t (EIS) support of the Co~mission~s decision in th~s matter. The proposed a~endment involves changes l~ the m~nimum flow re~uirements at the projecu, locate~ on the Eel and ~ast Fork ~us~an River, in Lak~ and Mendocino Count/es, California. The purpose of this no~ice is to: (1) advise all parties of upcoming sit= visi=s =o thc project area;. (2) .announce th~ dates, =Jmes, a~d 1cea=ions of public and agency m~e=~ngs =o b~ held to a~s.~st ~aff in de~ermining the appro, pr~ate scope of staff's ~nv~ronmen~al analysis ~ (3) seek =o ~hi$ analy$is~ and (4) advise all part,es of thel= opportunity for commen=. PROJECT SITE VISITS The liceasee and the Co~aission staff viz1 conduc~ ~ite visi=s of ~he Potter Valley Projec~ and other r~levan~ &r~s on Jtzfl~ 1-2, 1998. on June 1, downstream areas o£ the ~ast Fork l~uEs~a~ River w~11 be visited. On Juno 2, ~he Potter Valley Project and downstream ar~as of the S~1 R~ver w~ll be v~sited. T~mes and meeting places are as follovs. DAT~: TIME: PLACE: 3tL-~e 1, 1998 1:oo p.m. - 5:00 p.m. Sono~ Coun~:y Wa~ar Agency 2150 W~st college Avenue Santa Ro~a~ CA 95401 DATE: TIKE; PLACE: Jl.lne 2, 1998 9:oo a.~. - 5;00 p.m. Hopper~ Corner HaAn Street and ~el River Road Pot~er valley, CA 95469 All interezted individuals, nongovernmental organizations (NGO'~), a~d agencies are invited to attend. All parl'-icl~ants are responsible for their own transportation. For mor~ details, MAY-O?-BB 11 :OB FROM:HUMBOLDT BAY POWER PLANT ID:?O7444073G PA~E l. nterested part::Les should Con. taG~. ~_.e' Projeot Kanage. r lde. ntt£:l, ed at the end o£ t:,hi.s r~ot:ice przu~' ~o Hal;' 28, 1.998. SCORING PROCR$S d_~~~z~s~e~ rela~ea_}o ~e propos~ action ~d to D~ntw (SDI vill b~ tlr-,~-~-~ ---~, ..... opi~ _ ~~~z, ~a~e; a~ local resourc~ agencies, develo ~s In 'an ~d a lis= of prel~in~ issues i~ntif~ed by s~a[=. - - SCOPING MEETINGS The Commission staff will hold scoping mee=in~s on ~une and JUne 4, 1998, ~ facilitate l~; prepar=tion of ~ ~ropos~ ~~=. The sc~nq meetings viii ~ ~ ~n ~ da~e ~e will be two seeping ~ti~a=: o-a r~G ~ reso~ce agency ~ncer-ns. ~ st~ agenczes, ~Os, ~d individuals to a~nd ~e or bo._of ~e meetings, and to assist s~ff in identify~ ~e sc~pe ~ mvm~nt}~ lssu~s ~at shou%d be analyzed EIS. The ~mes an= ~oca=lons of these ~etln~s ars UP/ah Scopin~Meetings DATE : . ~,me 3, 1998 TIME : 1;00 - 3:00 p.m.; 7:00 - 9:00 PLACE: ~kiah Valley Conference 200 ~. S~ool S~ee~ ~~, ~ 95482 (707) 686-4571 Eure~ $cop~ng Heet£ngs DATE : TIME : PLACE: ~l~ne 4,' 1998 .1. cO0 - 3:00 p.m.; 7:00 - 9:00 p.m. Doubletrea Inn Eureka 1929 FO~ Street Ellre~a, CA 95501 (?07} 445-0844 ~hY-07-B@ 11 :OB FR0~:HU~BOLDI BgY P0~E~ PLANT ID:707444073~ , PhG£ 4/~ ~ Pro~ec~ 'No. -3- ~- mentlonedpreviously a scopSnq document will be dis~but~clto ~le par~ies on ~e co~ssion~s ~ail~ ~lsC. SD ~ould help focus d~s~ss~o~, ~ ~l~[ng ~e issues to be MEETING OBJECTS should be ~alyzed ~~e ElS, ~cl~ing opinions ~n favor cZ, or ~ o~posi~i~o, ~e s~ff~s ~1~~ li~t of ~e~; {4) det~ne ~e dep~ of analyais for ~$sues ad, asked In ~e~s; ~d (5) ~d~ify r~u~c~ ~ssues ~at will not r~qu~e d~ll~d analysis ~n ~e ~S. .... ?]?e ~c?ping_=e~tin~s v~ll ~e r,ccrded by a cau.rt reporter, ~ ?~_~ceme~ [ora~ ~nawr~tten) w111 hec~e par~ of ~e u~~s~on s p~ac record for ~ proceedl~. ~efore ~ ~e2~ s~r~, all individ~l~o att~d, e~p~ially ~o~e individ~ls ~t in~e~:c~ stat~en~ ~ri~he meetS, will be asked to sl~ in and cle~ly id~:lf~ ~em~elv~ ~or ~m r~rd ~ior to sp~[ng. Time allotted for premed=ions will ~ de~ined by s~ff based on ~e len~ of ~o a~t~g~ ~ ~e n~r of people~ting to ~ak. All individ~ls wi~~ ~o ~~vill be provided a~ least five minutes to ~es~C ~ir vi~s. Interested p~es who choose not to speak, or are unable to a=tend the seeping ~eetings, may provide wriC~n comments and information to ~h~ Commis~ion until J~n~ 15, 1998. Writtea co~me~t~ and information ~hould be ~uhmitted ~o: The first page of all filings should indicate "Potter Valley Project, FERC No. 77-110" a: the top of the page. All filings sen~ to th= Secretary of thc commi~sion ~J~ould contain an original and eight copies. Failure to file an original a~d eight ¢o~ies may result in appropriate staff not receiving the b~nefit of yo~r ~mment_s in a ~tmely mann~r. ~ermo. re, in ~his proceedin~ are reminded that if they f~le comments wi~h ~e Co~ais~lon, ~hey muse sexy= a cody of their fil~ to th= parties on the commission,s servi=e list. 1O' Project No. 77-1zo For ~urther ~nZormation, please contact the Pro~ect ~nager Dr. John M. M~dr~ at (202) 219-1208. Day:id P. Boerger~ Acd::Lr'~ ' Secretar~ MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION P. O. Box 751 Uidah, California 95482 (707) 462-1961 (707) 485-7047 FAX (707) 462-5681 AGENDA REGULAR MEETING MAY 7, 1998 Time: 7:00 p.n-,., Thursday Place: Conference Room A Mendocino County Administration Center 501 Low Gap Road Uldah, California 95482 (All items are considered action items unless otherwise noted. The items below are numbered for convenience only and may not be heard in that order.) . 2. 3. 4. o . . 10. 11. Roll Call Public Expression - See End of Agenda for Information on Public Expression Approval/Correction of Minutes of Regular Meeting of April 9, 1998 Approval of consent calendar a. Fees for Secretarial Services Aggregate Resource Management Plan - Continued Item - Report on status of peer review NMFS Listing of the Coho Salmon and Steelhead as Threatened - Continued Item a. Memorandum of Understanding with Corps of Engineers, NMFS, Sonoma County and Inland Water and Power Commission (l) Report on Executive Committee 'Meeting (2) Report on Public Facilitating Conmqittee Meeting b. Further discussion and direction on Critical Habitat Designation PG & E's 10-Year Fish Study for FERC entitled Effects of Operations on Upper Eel River Anadromous Salmonids (Potter Valley Project Monitoring Program) - Continued Item a. Overview of impacts of the Review's recommendations to FERC for streamflow reduction b. ' Intervener Status of Agencies and IWPC Discussion and possible action on retention of an attorney. Russian River Watershed Study - California Dept. of Resources and U.S. Corps of Engineers - Update on New Information Potter Valley Project - Update on any information regarding sale of the Project - Information/Action if necessary regarding Commission position. Corps of Engineers' Study on Raising Coyote Dam - Update on status of the Corps' study 12. 13. 14. to raise Coyote Dam Correspondence Received & Filed · a. Potter Valley Irrigation District requesting intervener status on Potter Valley Project. b. Letter from Senator Mike Thompson to FERC requesting NEPA process and local hearings on Potter Valley Project. c. Letter from Assemblywoman Virginia Strom-Martin requesting l'.ocal Hearings on Potter Valley Project. d. Letter from Assemblywoman Virginia Strom-Martin specifically requesting hearings in Mendocino County regarding the Potter Valley Project. e. Letter from U.S. Dept. of Interior, Bureau of Indian Affairs, re. PG & E flow recommendations to FERC. f.- Letter from Natural Heritage Institute to Army Corps of Engineers regarding Memorandum of Understanding. g. Letter from Natural Heritage Institute to FERC regarding PG & E recommended flows. · . New Business - Information and Possible Items for Next Agenda Adjournment PUBLIC EXPRESSION The Commission welcomes participation in their meetings. Colnments shall be limited so that everyone may be heard. This item is limited to matters under thc jurisdiction o1' the Commission xvhich are not on the posted agenda and items which have not already been considered by the Commission. The Commission limits testimony on matters not on the agencla to three (3) minutes per person. No action will be taken. Individuals wishing to address the Commission under Public Expression are welcome to do so throughout the meeting day. To best fi~cilitate these items, please notify either the Chairman of the Commission or the Secretary of the Commission. CLOSED SESSION If agendized, the Commission may adjourn to a closed session to consider litigation, personnel matters, or real estate negotiations. Discussion of real estate negotiations may be held in closed session - Authority: Government Code Section 54956.8. Discussion of litigation or pending litigation may be held in closed session -- Authority: Government Code Section 54956.9. Discussion of personnel matters may be held in closed session -- Authority: Government Code Section 54657. ADDITION TO THE AGENDA (If any) in acc. ,,!ance with Section 54954.2 (b)(2) of the Government Code (Brown Act)Two- thirds Vote Required for Action Items. (Upon determination by a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, unanimous vote of those members present, that the need to take action arose after the Agenda was posted.) Posted 5/1/98 DATE' TO' FROM: SUBJECT: May 8, 1998 MEMORANDUM Honorable Mayor Malone And City Councilmembers Candace Horsley, City Manager Item 8b - Discussion of Potter Valley Project Impenu,~ r-[,v, fu,,,,,~,,,a, Impact Statement Scoping Sessions and Possible Action to Become an Intervener We received the two attached Motions to Intervene after the subject agenda item was processed and I wanted to make sure you received them for review prior to the meeting. The Motions have been filed by the County of Humboldt and the Potter Valley Irrigation District. CH:ky Att. 4:Can:MCC115 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION IN THE MATTER OF THE POTTER VALLEY PROJECT FERC PROJECT NO. 77 PACIFIC GAS AND ELECTRIC COMPANY COUNTY OF HUMBOLDT -- MOTION TO INTERVENE The County of Humboldt, a political subdivision of the State of California hereby moves the Federal EnergY Regulatory Commission (FERC) to intervene in this proceeding pursuant to 18 C.F.R. 385.214. Service of process and other communications concerning this proceeding should be made to: Tamara C. Falor, County Counsel Ginevra K. Chandler, Deputy County Counsel Humboldt County Counsel 825 Fifth Street, Rm. 110 Eureka, CA 95501 Telephone: (707) 445-7357 Facsimile: (707) 445-6297 MOTION TO INTERVENE In 1983, the Federal EnergY Regulatory Commission (FERC) issued a license to Pacific Gas and Electric Company (PG&E) to ol~erate the Potter Valley Project. ~_rt.i,-lo. aa or the requires PG&E, in consultation with the United States Fish and Wildlife Service (FWS) and the California Department of Fish and Game (CDFG), to develop and implement a ten-year study to determine the effects of the project's minimum flow release regime on salmonid fishery resources in the project vicinity. Article 39 also requires PG&E, in consultation with the above-mentioned agencies, to review the results of the study and to file a report with FERC that includes study results, County of Humboldt-Motion to Intervene Page- I agency comments, and "recommendations for modifications in the flow release schedule or project structures and operations necessary to protect and maintain fishery resources." The ten year monitoring study was completed in 1996. Since then, PG&E established a Fishery Review Group including PG&£, FWS, CDFG, and National Marine Fishery Service (NMFS). This group developed recommendations'for project modifications as called for in Article '39 of the license. The recommended license modifications were submitted by PG&E to FERC on March 30, 1998. On April 13, 1998, FERC issued a Notice of Application Filed with the Commission and Intent to Prepare an Environmental Impact Statement. This Notice of Application included a comment date deadline of June 8, 1998. The Notice of Application, (1)03) provides that anyone may submit comments, or a Motion to Intervene, in accordance with the requirements of Rules of Practice and Procedure 18 C.F.R. 385.210,. 211, .214. This section also provides that any motions to intervene must be received on or before the specified comment date 'for the particular application. Accordingly, the County of Humboldt hereby files this Motion to Intervene based upon 18 C.F.R. 385.214 (b)(2)(iii). ~ GROUNDS FOR INTERVENTION 18 C.F.R. 385.214 (b)(2)(iii) provides that a movant may intervene if "the movant's participation is in the public interest." The County of Humboldt moves to participate in this action because it has a duty to protect the in stream flow needs of the anadromous fishery resources of the Eel River. Critical flows on the mainstem Eel River are impacted by PG&E's Potter Valley project as licensed by FERC. In particular, under C.F.R. 385.214 (b)(2)(iii), the County of Humboldt's Motion to Intervene is in the public interest as the County, through which the majority of the main County of Humboldt-Motion to Intervene Page - 2 stem of the Eel River flows, desires to ensure sufficient flows are provided in the Eel River to equitably protect, mitigate damages to, and enhance habitat for anadromous fish (including their spawning grounds), in order to protect the fishery interests, both commercial and recreational, and general recreation interests in Humboldt County. In particular, the County seeks to protect the habitat critical to the continued existence of the Southern Oregon/Northern California Coast Coho and Central California Coast Coho Salmon and Central California Coast Steelhead. The Potter Valley Project impacts anadromous fishery habitat throughout the main stem of the Eel River, most of which lies within Humboldt County's borders, in which the above-named species are listed as threatened under the Federal Endangered Species Act. In order to protect Humboldt County's vital interest in the protection the anadromous fishery resources and recreational opportunities in the Eel River, the County asserts that it is an essential party to this proceeding and should be alloWed to intervene. By carrying out its duty as a political subdivision of the State 'of California to protect resources within County boUndaries, Humboldt County is acting in the public interest as is required under 18 C.F.R. 385.214 (b)(2)(iii). CONCLUSION The County of Humboldt's Motion to Intervene should be granted. DATED this l \ ~'~---day of May, 1998 Respectfully submitted, TAMARA C. FALOR, County Counsel GINEVRA K. CHANDLER, Deputy County Counsel Attorneys for County of Humboldt County of Humboldt-Motion to Intervene Page- 3 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION IN THE MATTER OF THE POTTER VALLEY PROJECT PACIFIC GAS AND ELECTRIC COMPANY FERC PROJECT NO. 77 NOTICE OF APPEARANCE NOTICE IS HEREBY GIVEN of the appearance ofTamara C. Falor Coun~, Counsel, and Ginevra K. Chandler, Deputy County Counsel, in this matter as attorney of record for the County of Humboldt, a political subdivision of the State of California. Copies of all notices, pleadings, orders, or other communication in this matter should be sent to: Tamara C. Falor, County Counsel, Ginevra K. Chandler, Deputy County Counsel Humboldt County Counsel 825 Fifth Street, Rm. 110 Eureka, CA 95501 Telephone: (707) 445-7357 Facsimile: (707) 445-6297 DATED this .~\ ~"day of May, 1998. Respectfully submitted, TAMARA C. FALOR, County Counsel GINEVRA K. CHANDLER, Deputy County Counsel . Attorneys for County of Humboldt UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION IN THE MATTER OF THE POTTER VALLEY PROJECT PACIFIC GAS AND ELECTRIC COMPANY FERC PROJECT NO. 77 CERTIFICATE OF SERVICE I hereby certify that I have this day served, by first class mail, postage prepaid, the County of Humboldt's Notice of Appearance, Motion to Intervene, and this Certificate of Service on the Secretary, FERC, 888 First Street, N.E., Washington D.C. 20426 (original and fourteen copies), on the representatives of the licensee, Pacific Gas and Electric Company, on the official service list compiled by the Secretary in this proceeding and on the attached service list. DATED this I!~-~day of May, 1998 Respectfully submitted, TAMARA C. FALOR, County Counsel GINEVRA K. CHANDLER, Deputy County Counsel Attorneys for County of Humboldt POTTER VALLEY IRRIGATION DISTRICT 10170 Main Street Potter Valley, CA 95469 (707)743-1109 April 28, 1998 Mr. David Boergers, Acting Secretary Federal Energy Regulatory Commission 888 First Street, N.E., Room lA Washington, D.C. 20426 u~ ON I TO INTERU~E ;n the matter of the Potter Valley Project, FERC No. 77-110, Pacific Gas and Electric Company recommendation pursuant to Liscense Article 39. Dear Mr. Boergers, To date we have not received correspondence noting an official Federal Energy Regulatory Commission (FERC) deadline to file a Motion to Intervene in the proceedings of FERC No.77-110 under Liscense Article 39. Since we are aware that you have received the flow recommendation from Pacific Gas and Electric Company (PG&E) we felt it prudent to respond as quickly as possible. Therefore, the Potter Valley Irrigation District (District) formally moves for intervener status in the proceedings regarding a recommendation to modify historical flows originally described under Liscense Article 38 for FERC No. 77- 110. Since the inception of the District in 1924 Potter Valley has used diverted Eel River water beneficially for crop irrigation. Because the District is completely dependent upon the diverted watcr for our economic v/ability we fee! it is appropriate to request formal intervener status. If PG&E's recommended liscense modifications were to be imposed the District could be, in some circumstances, severely impacted. Please find enclosed a report relating the history of and current water requirements for the District. We are hopeful that the FERC will grant our Motion to Intervene in this critical matter. Sincerely, Kenneth Stroh President Potter Valley Irrigation District April 10, 1998 Mr. David Boergers, Acting Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Room IA Washington, D.C. 20426 RE: FERC No. 77-110, Potter Valley Project, Article 39 Flow Recommendation. Introduction This report is in response to the proposed flow recommendation by Pacific Gas and Electric Company (PG&E) to you under Liscense Article 39 requirements for the Federal Energy Regulatory Commission (FERC) Project No. 77-110 in Potter Valley, California. The specific requirements under Article 39 were for PG&E to conduct a ten year study to determine the effects of Liscense Article 38 flow releases on the anadromous fish populations in the Eel River. Based on this study, and in concert with the California Department of Fish and Game (CDFG), U. S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS), PG&E was to recommend modifications in the flow releases and project operations to protect and enhance the fishery on the Eel River. The agencies working together under the title Potter Valley Project Fishery Review Group (PVPFRG) were to attempt to balance study results with the knowledge of specific requirements for optimum fishery habitat as well as the economic viability of the Potter Valley Hydroelectric Project. The mandate of Article 39 did not require PG&E to review the effects that a flow change would have on the economy of the water users on the Russian River side of the project. At this point in time that information is best provided for you by the various entities that would be affected by the proposed changes in flow~. For this reason we wish to relate to you the long history of use of Eel River water in Potter Valley and, based on our total dependence upon this source of water, recommend modification of the proposed flow to protect our agricultural economic base. ' tlistory of th____ge Potter Valley Irrigation District After PG&E's Potter Valley Hydroelectric Project, Potter Valley Irrigation District (District) has the longest history of beneficial use of water diverted from the Eel River. Prior to the organization of the District, in the mid 1920s, Potter Valley was dry farmed. A few farmers here still remember stories of those days when unpredictable spring rains would mean the lack of a hay crop and feed for cattle and sheep, or the needed second summer irrigation for the pear orchards. e After Eel River Power and Irrigation Company reorganized as Snow Mountain Water and Power the Potter Valley Project tunnel to divert water from the Eel River was completed in 1908. In 1922 Scott Dam was built and began to hold back water in the newly formed Lake Pillsbury. For the first time a consistent source of summer water became available for diversion to produce power. Seventy four years ago, in 1924, the District was organized. A contract was signed between Snow Mountain Water and Power and the District assuring 50 cubic feet per second (cfs) be delivered to the District for the irrigation of crops. In 1930 PG&E squired the Potter Valley Project and the contract was continued. Under PG&E's water rights (Applications 5661 and 6594, Liscenses 1199 and 3635) specifically for rediversion of the water into the District's irrigation system, the District was assured of a block of water held in storage at Lake Pillsbury for use in Potter Valley each water year. In 1950 the District applied for and received a State Water Board liscense (Permit 9103, Liscense 5246) to divert an additional 50 cfs from below the tailrace of the Potter Valley Powerhouse for irrigation and stock water year round. Decision D-965, by the State Water Rights Board, May 16, 1960, clarified that the District's water rights, under PG&E's contract and our own liscense to divert, were paralnount to any water rights granted to Sonoma County Flood Control and Water Conservation District (now Sonoma County Water Agency, SCWA) or to Russian River Flood Control and Water Conservation Improvement District (MCRRFCWCID}. (Attachment 1). Further, on October 4, 1968 a stipulation affirming the superior rights of the District was signed by SCFC'WCD, MCRRFCWCID and the District. (Attachment 2}. The long history of beneficial use of Eel River water for irrigation in Potter Valley is well documented. It is also obvious by simply driving through our small valley and seeing flourishing orchards, vineyards, cattle grazing and a variety of fruit, vegetable and ornamental crops. Potter Valley has developed a strong agricultural economy because of the foresight of the farmers who formed the District 74 years ago. The valley has become totally dependent upon the diverted Eel River water for its economic viability. Current Water Use The District has two water use seasons, both critical for viable agriculture, frost protection and summer irrigation. The frost season, which normally runs from March 10 to about May 10, requires water for frost protection of pear orchards and vineyards. The frost season in Potter Valley is as variable as weather always seems to be, however on a normal year we will require frost protection for 10-14 nights. In severe years we have records of 28 frost nights during this time period, with temperatures as low as 25 degrees Farenheit. A single night without protection can cause serious damage to vines and severe crop loss in both pears and grapes. Windmachines require that a temperature inversion exists for warmer air to be moved. In · Potter Valley these temperature inversions are not as marked or as likely as areas further south in the watershed. The microclimatic conditions in Potter Valley require water to protect our crops from frost damage. Summer irrigation is required for all the crops grown arid livestock raised in Potter Valley. Once again, depending on the year, we normally use up to 20,000 ac.ft, of water per season. This includes both frost protection and summer irrigation requirements. (Table 1, Record of Water Use 1989-1997.) The water delivery system in Potter Valley is a combination of gravity fed piped and open canals. Two main canals run, one on the east side and one on the west side, from north to south in the valley. (Map 1.) From these main canals a series of smaller lateral canals service the 6,300 acres of land within the District. When the District originally entered into the contract with Snow Mountain Water and Power for 50 cfa the anticipated water use was based on crops being grown in the 1920s. Over the next 25 years the valley floor was progressively put into irrigation and the types of crops evolved away from dry farming to those requiring summer irrigation such as alfalfa, ladino clover and vineyards. The few pear orchards that had been in production since the turn of the century flourished with new summer water and more pear orchards were planted in areas of the valley where summer water had not previously been available. The District soon realized that to physically move water within the 30 mile long system of main and lateral canals it required 75-85 cfs. With this in mind, once again looking forward, in 1950 the District secured the second water right for 50 cfs (Permit 9103, Liscense 5246) from the State Water Rights Board. With a secure right to use 100 cfs the District can efficiently provide frost water to all the grower's storage ponds as well as schedule summer irrigation for over 380 customers. With this water the farmers of Potter Valley currently, annually, produce over 15 million dollars in gross revenue from agricultural products. Proposed Flo_____~w Chan~e Based on the information provided by PG&E and members of the PVPFRG at their February 19, 1998 meeting in Ukiah, California, the proposed diversion flows take int~ account the District's contractual agreement with PG&E for 50 cfs delivered during the normal water season. However, even after repeated public forum meetings with the PVPFRG and at the Eel Russian River Commission meetings, at which the requirements for operation of the District were described in detail, PG&E's recommendation does not take the District's needs for a minimum of 75-85 cfs during the spring frost season and summer irrigation season into account. The proposed flow recommendation does not take into account our second water right to 50 cfs which is critical to the District. Currently the proposed flows through the diversion relegate · the District to 50 cfs and 40 to 75 cfs (depending upon the year's designation) required by CDFG for protection of the fishery between the Potter Valley Powerhouse and Lake Mendocino. To clarify the CDFG required flows it should be noted that there are no native anadromous fish or endangered species in this stretch of the East Branch of the Russian River. In 1955 Coyote Dam was built blocking the migration of anadromous salmonids into Potter Valley. Today the water required by CDF6 is for the protection of other non-endangered native fish and artificially stocked populations of trout for recreational fishing. In the original FERC liscense under Article 38, modification of flows due to critical and dry year designations excluded flows to the District which were to remain unchanged (FERC Opinion No. 187, Project 77- 110, October 4, 1983, page 25, footnote 11}. Of further concern to the District is the proposed daily adjustments of flows based on the "real time" data gathered from a gauge to be installed on Tomki Creek. Our water delivery system - simple gravity feed - is dependent upon consistent flows to build up the head required to physically move the water from canal to canal. We cannot operate with flow rates that change dramatically in short periods of time. Flow adjustments need to be closely coordinated with the District for us to be able to function. We applaud the efforts of the PVPFRG, understanding that it was a difficult challenge to balance fishery needs and the viability of the Potter Valley Project. We also understand that there were compromises made on both sides of the issue. The fact still remains that the basic needs of the District, the first downstream user of and totally dependent upon the diverted project water, were not considered in the flow proposal. It needs to be clearly understood that the District cannot function with only 50 cfs of water or with widely fluctuating flows through the diversion. Alternatives Over the last 74 years the District has looked at the possibility of alternative sources of water. Geologically our valley is seismically active, as aregmost of the small "pull- apart basins" in the nothern coastal region of California. Because of this we live on what is referred to as a fractured aquifer. The ground does not hold water in sufficient quantities to supply us with a dependable source of irrigation water. Over the years geologists and engineers have reported on this situation and looked at the potential for storage sites to hold winter surface water runoff. Potter Valley- just seven miles long and two miles wide- drains a relatively small watershed. Several studies have shown that we cannot reliably store the 20,000 ac.ft. of water needed for irrigation in our valley. · Conclusion In conclusion we would like to recommend to the FERC that a base flow of 100 cfs plus the required flows for CDFG be released from the Potter Valley project from at least March 10 to October 15 of each year to provide the District with the water it needs to function. We further request that clear communication between PG&E and the District be maintained to lessen the potentially serious impacts on our delivery system by fluctuations in flows from the diversion. Of all the down stream users the District is the most completely dependent upon diverted Eel River water. While we understand the joint efforts of the agencies to enhance fishery viability we also believe that, if a concerted effort is made to understand the needs of the District, a solution can be reached that will protect both vital interests. The FERC is now in the position of balancing and adjusting the proposed flow based on the information you will receive from water users and other interested parties. Because of the historically beneficial use of this diverted water from the Eel River into the East Branch of the Russian River in Potter Valley a thriving agricultural economy has evolved and needs to be protected. (See Attachment 1, pages 7-9). We look forward to future discussions regarding this critical issue and will provide you with any further information that you require. Board of Directors Potter Valley Irrigation District . "' -' 'TO -- ENGLISH RIDGE £ "'""~-. EI';L -x ~, ,.,,'-;,..,, .- "' '~ '-J x \'-~ '"' PROPOSED t E.gliJl~ Ridge ReJ. USDf~ Van Ar~~le Res. POTTER VALLEY ru~.nt ~ RANCHERIA [i POTTE POTTER VALLEY IRRIGATION DISTRI~ WESt CANA, PVID POTTER VALLEY RANCHERIA WESTSIDE MENDOCINO POTTER VALLEY EASt' CANAL PVID EASTSIDE RD. VALLEY RD. NA'i'i()NAI. Pan t h er i % ,2't ) , r ll tll ,,' ,( 'lNt? ; IAI(l: · L. ke Pill.~b. ry ~ke ttlendo¢ino USCE I I Hap 1. Table 1. Record of water diverted to Potter Valley Irrigation District 1987-1997. Year Acre Feet 1987 19,496 1988 16,045 1989. 12,554 1990 18,203 1991 21,933 1992 18,601 1993. 15,533 1994 20,457 1995. 14,604 1996 16,457 1997. 15,553 * Denotes unusually wet springs with.rainfall into May and June. Average use per year based on these data during the late 80's and 90's, with four wetter than normal years, was 17,221 acre feet diverted into the District's system. ITEM NO. 8c DATE: MAY 20, 1998 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY'S (MSWMA) PROPOSED 1998/99 FISCAL YEAR BUDGET, AND RECOMMENDATION CONCERNING THE PROPOSED REDUCTION IN OR REBATE FROM THE MSWMA SURCHARGE On April 22, 1998, the Mendo¢ino Solid Waste Management Authority (MSWMA) Board of Directors received the Manager's proposed 1998/99 fiscal year budget and directed that it be circulated to the member jurisdictions for comment in accordance with the Joint Powers Agreement. The proposed budget is attached for the City Council's review and comment. The proposed budget incorporates a proposed $0.50 reduction in or a rebate from the MSWMA surcharge. This surcharge is included in the tipping fee charged for each ton or cubic yard of solid waste landfilled. The MSWMA surcharge is currently $6.00 per ton or $0.75 per cubic yard. Each month, City Staff remits the surcharge collected based on the reported tonnages and cubic yards of refuse landfilled. This surcharge will generate approximately 72% of MSWMA's total revenue for 1997/98 budget year and it is estimated that it will generate 66% of the total revenue for 1998/99. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Review and discuss the proposed MSWMA 1998/99 budget and make a recommendation to the MSWMA Board of Directors that the proposed reduction in revenue be facilitated by reducing the amount of the surcharge by the proposed $0.50 per ton or $0.06 per cubic yard of waste disposed. ALTERNATIVE COUNCIL POLICY OPTIONS: Make other recommendation to MSWMA Board of Directors. Appropriation Requested: Citizen Advised: Requested by'. Prepared by: Coordinated with: Attachments: N/A N/A Mendocino Solid Waste Management Authority Board of Directors Rick H. Kennedy, Director of Public Works/City Engineer ~ Candace Horsley, City Manager 1. Proposed 1998/99 MSWMA budget. APPROVED: C~ce H°~~r' ~~'-- sley, Cit~ R:I \LANDFILL:kk AMSVVMA Manager Discussion of Mendocino Solid Waste Management Authority's (MSWMA) Proposed 1998/99 Fiscal Year Budget, and Recommendation concerning the Proposed Reduction in or Rebate from the MSWMA Surcharge May 20, 1998 Page 2 As reported by the MSWMA Manager, a decrease in the surcharge is financially feasible. This is due to the continued increase in disposed waste which increases revenue received through the imposition of the surcharge, and cost efficiencies realized in the Household Hazardous Waste Collection and Disposal Program. The MSWMA Manager has proposed that either: 1) The surcharge collected from the landfills be reduced, thereby passing a savings onto the customer or solid waste facility, or 2) maintain the current surcharge and pass on a rebate to the member jurisdictions for the purpose of assisting them in their post-closure payments. City Staff disagrees with the rebate recommendation and recommends that the reduction in the surcharge be returned to the landfill where the waste is collected and disposed. If MSWMA approves the surcharge reduction, Staff further recommends that the tipping fee at Ukiah's Landfill remain the same and the savings in the surcharge remitted to MSWMA be allocated to a Post-Closure Maintenance Enterprise Fund. As the City Council is aware, our current tipping fees do not include revenue reserved for our 30 year post-closure obligation and the City has pledged future revenues from the Refuse Collection Enterprise Fund to provide financial assurance for post-closure maintenance. It is appropriate that we apply any savings within the Landfill Enterprise Account towards a post-closure maintenance fund thereby reducing financial burden on the City rate payers for services provided to both County and City rate payers. Based on today's waste input of approximately 130 tons per day which is landfilled, a $0.50 reduction in the surcharge will produce approximately $19,700 of additional revenue annually. RHK:kk R:I \LANDFILL AM SWM A Mendocino Solid Waste Management Authority A Joint Powers Public Agency Michael E. Sweeney General Manager P.O. Box 123 Ukiah, CA 95482 Telephone (707) 468-9710 Fax (707) 468-3877 April 23, 1998 Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: MSWMA 1998-99 Budget Dear Candace: On April 22, the MSWMA Board of Directors received the enclosed 1998-99 fiscal year budget and directed that it be circulated to the member jurisdictions for comment in accordance with the Joint Powers Agreement. Sincer,,ely, Mike Sweeney Manager enclosures Mendocino Solid Waste Management Authority Agenda Summary 'Report Meeting date: April 22, 1998 Topic: Proposed 1998-99 fiscal year budget Prepared by: Mike Sweeney Item: EXPENDITURES, The proposed budget anticipates revenues of $414,000, expenditures of $399,646, and a reserve of $!4,354. The budget is based on these services by MSWMA in 1998-99: · HazMobile Program The service level is 26 collections in Mendocino County per year and 13 collections in Lake County. A continued increase in service to small business is expected, with corresponding increase in revenue paid by these customers, and expense for HHW disposal. Costs for the HazMobile program are generally stabilized. Staffing is one manager and two technicians, with occasional part-time help for especially busy collections. To facilitate the collection of used oil, a 500 gallon used oil tank will be placed at the Boonville transfer station, as per request of the County Solid Waste Division. This expenditure is covered by the Used Oil Block Grant. Refrigerant removal from refrigerators, freezers & air conditioners Since this activity began in December, 1997, more than 200 units have been pumped at three locations, allowing a reduction of about $2000 in costs to the disposal sites which has been passed onto the public. The volume of refrigerators received at the disposal sites is increasing, possibly due to the lower price. This should meet MSWMA's objective of decreasing the illegal dumping of refrigerators. · Ownership and debt service on transfer station site at North State Street MSWMA's bank loan on the property requires $54,226 in annual debt service payments, approximately half interest and half principal. Budget proposal · Waste Generation Study MSWMA's work on the Waste Generation Study will continue several months into the new fiscal year. The study will then be analyzed by the LTF and the jurisdictions in connection with the mandatory review of the Source Reduction & Recycling Elements (SRRE). · AB 939 Plans & Reports The Summary Plan must be completed and submitted in conformation with the compliance schedule provided to the California Integrated Waste Management Board. Mandatory review of the SRREs will then begin with MSWMA preparing documents in consultation with jurisdiction staff for consideration by the governing bodies. In addition, the ongoing annual disposal reporting and annual reports will be prepared on behalf of the 'J jurisdictions. · AB 939 Local Task Force (LTF) staff support The LTF has become more active. The LTF has elected a Secretary who has taken over minutes and communications. However, staff support from MSWMA is necessary to provide mailing, research, communication with the CIWMB, and coordination with the jurisdictions in the very complex AB 939 process. · Waste Reduction Promotion The Local Task Force has requested that MSWMA once again provide "waste auditing" to business, organizations and the public as part of a coordinated campaign with waste haulers to increase recycling. The Willits City Council strongly supported this request at their April 8 meeting. To provide this service, Karen Gridley would continue as a part-time employee performing waste audits after the conclusion of her work in the Waste Generation Study. In addition, MSWMA would continue its other, ongoing outreach programs: selling backyard compost bins to the public at cost, annual publication of the Recycling Guide, the Recycling Hotline with 24-hour automated information service on recycling opportunities, and special events like Earth Day at the Redwood Valley Outdoor Education Project. · Illegal dumping abatement Response to dumping complaints will be provided when time is available depending on the HazMobile work load. Jail inmates and community school students will be a free workforce supervised by MSWMA technicians. In addition, reimbursement of Budget proposal Page 2 .=:~' ~,~ ~ disposal fees to individuals, groups, and other government agencies will continue to be provided. Recycling Market Development Zone MSWMA continues as the subzone administrator to provide information and process applications for any private industry applicants who wish to take advantage of this Iow-interest loan program. · Transfer to Depreciation Reserve Since the inception of the HazMobile program, $9,000 per year has been set aside to cover depreciation of equipment. On July 1, 1998, the balance in the depreciation fund will be $27,000. The anticipated use of these funds will be rei~air or replacement of the HazMobile trailer and truck in some future year. · Reserve for contingencies A substantial reserve is need for the following contingencies, among others: 1. Pollution cleanup costs, since the insurance policy has a $15,000 deductible per incident. 2. Unexpectedly high demand for HHW service if "Fort B agg levels of participation take hold elsewhere. 3. Unusual HHW costs due tO accidents or inadvertent receipt of extremely high-cost hazardous waste which must be disposed of at MSWMA expense. 4. Unanticipated decline in surcharge revenue due to decline in solid waste disposal. REVENUE The proposed budget is based on a reduction of the MSWMA surcharge from the current level of $6.00 per ton to $5.50 per ton. As I reported to the MSWMA Board in February, MSWMA has been receiving revenue somewhat in excess of its expenditure needs. There are two main reasons for this situation: 1. Waste disposal in Mendocino County has continued to increase, thereby generating more surcharge. 2. MSWMA's cost-efficiency has increased as more experience is gained in the HazMobile operation. In addition, our price for incineration Budget proposal Page 3 of a typical 55-gallon drum has declined from $245 in 1996 to $225 at present. I project that the services described in the previous section, "Expenditures," can be provided in 1998-99 with a reduced surcharge. Alternatively, MSWMA could keep the surcharge at the existing level and allocate funds to assist the member jurisdictions in their post-closure payments. Budget proposal Page 4 PROPOSED MSWMA - BUDGET, 1998-99 FISCAL YEAR APRIL 23, 1998 ' ' Revised PROPOSED 97-98 Budget 98-99 BUDGET REVENUES Grants 20,000 35,000 HHW Service (Lake CoUnty, small biz) 83,000 90,000 Interest ' ' ' 6,000 8,600 Revenue, misc. 2,000 2,400 Sales, compost bin 3,000 ' 3,000 Surcharge 290,000 275,000 , TOTAL REVENUES 404,000 414,000 Page l of 2 PROPOSED 1998-99 FISCAL YEAR BUDGET--CONTINUED ' Revised PROPOSED 97-98 Budget 98-99 Budget 'EXPENDITURES Advertising .... 3,000 3,000 Aud~ ' 2,500 2,500 bom'post bin purchases 3,000 Debt service (340~ N. State Street) 54,226 54,226 Electricity ' ' 200 200 Fue~ 2,000 '2,100 Health insurance 5,500 4,500 HHW disPosal 90,000 96,000 HHW facility imprOvement 4,000 HHW supplies ' 20,000 1 7,000 Illegal dump cleanup fees & costs 10,000 9,000 Liability insurance ' . 9,000 ' . 9,000 Miscellaneous 5,000 5,000 Off'me supplies .... 1,800 ' 2,200 Oil recycling tank acquisition ' 10,000 Payroll exPenses ' ,' 110,000 , i25,400 PoilUtion insurance 10,725 15,000 -~0stage ..... 800 1,700 ProfessionaJ services (legali 5,000 Printing ' 6,600 6,600 I Rent ' 3,720 3,720 Sales tax ...... 200 200 Telephone ' 4,600 , 5,000 T~ailer acquisiti0n . 4,000 .. Training fees ' 600 . 60~' Transfer station development 15,000 Transfer to depreciation fund 9,000 ' 9,000 Trash disposal ' ". 4,000 2,500 Vehicle maintenance 1,200 1,000 -v~hicle mileage ' ' 2000 ' 2,200 Workers compensation insurance 4,500 4,000 , , , TOTAL'EXPENDITURES '384,171 " 399,646 SURPLUS 19,829 '14,354; Page2of2 ~/~ ITEM NO, 8d DATE' May 20. 1998 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND REQUEST OF COUNCILMEMBER KELLY TO SEND A LETTER OF SUPPORT TO THE UKIAH UNIFIED SCHOOL DISTRICT REGARDING THE MONTGOMERY WARDS SITE As the Council is aware, the Ukiah Unified School District recently targeted a Lovers Lane area property as a potential site for their new school. There was immediate opposition, not only from the agricultural community, but from the public, County, and City representatives as well. In response, the School District initiated a more intensified siting process with a new committee on a fast-track process to select several sites using a list of criteria and point factors. At the School District Board meeting this week, it was determined that the Lovers Lane site was eliminated from the list of potential developments and that the Brush Street and Montgomery Wards sites were the top two priorities. Councilmember Kristy Kelly has requested that a discussion of how the City may assist the school in their site selection and development process be brought to the City Council. The intention would be to encourage the School District to select the Montgomery Wards site, and provide some assistance as the cost of land purchase and demolition may be quite high at this site. One possible method that has been suggested is assisting the School District with disposal of a portion of the Montgomery Wards building debris if that site was chosen. This would be dependent on the actual final costs associated with the project site. Councilmember Kelly will be making an oral presentation on the status of the site selection and possible alternatives for the City to consider in assisting the School District. RECOMMENDED ACTION' After Council discussion, Council authorize staff to write a letter of support encouraging Ukiah Unified School District to select Montgomery Wards site for new school. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine letter of support is not appropriate at this time. 2. Determine letter of support for alternate location is more suitable. Citizen Advised' N/A Requested by' Councilmember Kelly. Prepared by: Candace Horsley, City Manager Attachments: 1. None. APPROVED.~ ,~ ~.~, Candace Horsley, (~ty Manager 4/Can. ASRUUSD ITEM NO, 8e DATE: May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND APPROVAL OF STUDY FUNDED BY REDWOOD VALLEY COUNTY WATER DISTRICT REGARDING FEASIBILITY OF PURCHASING WATER FROM THE CITY OF UKIAH Representatives of the Redwood Valley County Water District contacted the City regarding the possibility of purchasing water under the City's permit, which is currently underutilized. Staff is willing to investigate this possibility, .but one of the first questions that needs to be answered is whether the City's permit would allow such a sale. As indicated in the attached letter from Keith Tiemann, General Manager of the Water District, their Board of Directors has approved and authorized the expenditure of up to $2,500 for an attorney to review the files and advise the City as to the legal feasibility and advisability of attempting to sell water to the District. Staff is bringing this to the City Council for discussion and approval to continue with the first phase of the process to determine if there is a legal possibility to sell water to the Water District. Once this question is answered one way or another, staff will return to Council to discuss the various issues in detail before continuing on to the next step. The second phase would be to actually negotiate a contract with Redwood Valley. City Attorney Dave Rapport will give further details at the meeting and be available to answer questions regarding this item. RECOMMENDED ACTION: After discussion, Council authorize review of the City's files to determine the advisability of the City of Ukiah selling water to the Redwood Valley County Water District. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Decide study should not be conducted and take no action. Citizen Advised: N/A Requested by: Redwood Valley County Water District Prepared by: Candace Horsley, City Manager Coordinated with: David Rapport, City Attorney Attachments: 1. Letter, dated April 9, 1998, from Keith Tiemann APPROVED: dace Horsley, City I~anager 4/Can. ASRRVCWD FROM RAPPORT & MARSTON TO 946J6204 P. 01 Post Or.ce Box 399 · Redwood Valley. CA 95470 * (707) 485-0879 April 9, 1998 Rapport & Marston P. O. Box 488 Ukiah CA 95482 Attention: David Rapport Dear Mr. Rapport, At its Regular Meeting on April 7, 1998, the Board of Directors of Redwood Valley County Water Dis:rict considered the proposal of Gary Weatherford regarding his research of a sale of water from the City of Ukiah to the District. The Board of Directors approved and authorized the expenditure of up to $2,500.00 for phase one of his proposal to review the files and advise the City of Ukiah as to the lesal feasibility and advisability of attempting to sell water to the Distric~. The Distric~ requests prior notification if expenditures will exceed $2,500.00. Please advise me if advancement of the $2,500.00 for phase one is required or desired. The Board of Directors will consider its involvement in phase two of the proposal once phase one is complete. The District is very excited by this possibility and request~ that Mr. Weatherford be directed to commence his review az soon as possible. Please keep me advised of any developments. Sincerely, REDWOOD VALLEY COUNTY WATER DISTRICT Keith Tiemann KT:lg cc: Candace Rorsley, City Manager, City of Ukiah. ITEM NO. 8f DATE: MAY 20, 1998 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF POLICY RESOLUTION PROVIDING NECESSARY CITY SERVICES FOR PARADES The City is asked several times per year to provide assistance for parades in our community. In instances where there are few to no street closures this can be accommodated with minimal effort and expense, while other situations require extensive participation by the police force and off duty personnel and additional involvement by the street crews for several days in advance as well as the day of the parade. Impact on the public also varies depending upon the length, route, and content of the parade. Over the years the City Council has supported specific events through the adoption of policy resolutions, the last of which was adopted in 1987. An update of the policy is necessary, particularly since none of the four 1987 events are currently held. The proposal is to provide sponsorship (street closures, traffic/crowd control personnel, barricades) at no cost for the two current major parades (Country Pumpkinfest and Cinco de Mayo) and assist (provide barricades) with several small parades as determined by the City Manager. If another major parade is requested, the services will be provided, but actual costs will be charged to the applicants. If one of the two major parades is terminated, the Council will entertain requests from the community to fill the slot. Staff believes this policy will define the resources available to the community and clearly identify the Council's intentions. A resolution for adoption is attached. RECOMMENDED ACTION: Adopt Policy Resolution Providing Necessary City Services for Parades ALTERNATIVE COUNCIL POLICY OPTIONS: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. Determine resolution is to be modified, identify changes, and adopt revised resolution. 2. Determine participation in each parade is to be determined independently and direct that each request be presented to the City Council. N/A City Manager Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution for adoption, page 1. 2. Policy resolutions 12, 14, and 18 addressin~ parades and events, pacjes 2-5. APPROVED: Can-dace I-;IorSl~y~(~!y Manager mfh:asrcc98 0520PARD POLICY RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PROVIDING NECESSARY CITY SERVICES FOR PARADES WHEREAS, several community events which include parades promote tourism and stimulate increased revenue for the City and its environs; and WHEREAS, the City of Ukiah supports the efforts necessary to produce these activities; and WHEREAS, these special functions utilizing City streets do have costs associated with them because of resources used for crowd and traffic control, appropriate emergency responses, and general assistance; and WHEREAS, it is appropriate to have a policy for the City's support of parade functions considering City resources. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Ukiah as follows: 1) Policy resolutions 12, 14, and 18 are superceeded; 2) The City shall sponsor crowd and traffic control services including Police and Public Works personnel and materials for the Country Pumpkinfest and Cinco de Mayo parades; 3) The City shall charge the actual costs of providing services to all other parades except that barricades shall be provided at no cost for several events each year as approved by the City Manager. 4) In the event either of the parades identified in 2) is terminated, another event may be considered for full support at no charge as approved by the City Council. PASSED AND ADOPTED this 20th day of May, 1998 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk Policy Resolution No. Page 1 of 1 -.L'- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2,1 25 26 27 28 POLICY RESOLUTION NO. 12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PROVIDING NECESSARY CITY SERVICES FOR THE HOMETOWN FESTIVAL PARADE, BAND REVIEW, AND PENOFIN RUN WHEREAS, the Hometown Festival Parade, Ukiah Invitational Band , Review, and Penofin Run are annual events which promote tourism and stimulate increased revenue for the City and its environs, and WHEREAS, the City of Ukiah strongly supports the efforts necessary to produce these activities, and WHEREAS, the parade, review, and run generate participation by all sectors of the community, and WHEREAS, special functions utilizing City streets do have costs associated with them because of resources used for crowd and traffic control, appropriate emergency responses and general assistance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that in light of the significant contribution to the community made by the Hometown Festival Parade, Invitational Band Review, and Penofin Run, the City of Ukiah shall provide at no charge all necessary crowd and traffic control services including Police and Public Works (with available barricades) activities for these three events. PASSED AND ADOPTED this 6th day of November , 1985, by the following roll call vote: AYES: Councilmember Henderson, Kier, Hickey, and Mayor Myers NOES: None ABSENT: Councilmember Kelley ci~ Clerk ayor 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 1!6 ,~. 27 28 POLICY RESOLUTION NO. 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PROVIDING NECESSARY CITY SERVICES FOR THE HOMETOWN FESTIVAL PARADE, BAND REVIEW, AND PENOFIN RUN WHEREAS, the Hometown Festival Parade, Ukiah Invitational Band Review, and Penofin Run are annual events which promote tourism and stimulate increased revenue for the City and its environs, and WHEREAS, the City of Ukiah strongly supports the efforts necessary to produce these activities, and WHEREAS, the parade, review, and run generate 'participation by all sectors of the community, and WHEREAS, special functions utilizing City streets do have costs associated with them because of resources used for crowd and traffic control, appropriate emergency responses and general assistance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that in light of the significant contribution to the community made by the Hometown Festival Parade, Invitational Band Review, and Penofin Run, the City of Ukiah shall provide at no charge all necessary crowd and traffic control services including Police and Public Works (with available barricades) activities for these three events. PASSED AND ADOPTED this 6th day of November , 1985, by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, and Mayor Myers NOES: None ABSENT: Councilmember Kelley Clerk Mayor 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 2:2 23 24 :/5 26 27 28 POLICY RESOLUTION NO. 18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PROVIDING NECESSARY CITY SERVICES FOR THE HOMETOk~ FESTIVAL PARADE, BAND REVIEW, PENOFIN RUN AND AIR SHOW WHEREAS, The Hometown Festival Parade, Ukiah Invitational Band Review, Penofin Running Festival and Ukiah Air Show are annual events which promote tourism and stimulate increased revenue for the City and its environs, and WHEREAS, the City of Ukiah strongly supports the efforts necessary to produce these activities, and WHEREAS, the parade, review, running festival and air show generate participation by all sectors of the community, and WHEREAS, special functions utilizing City streets and airport do have costs associated with them because of resources used for crowd and traffic control, appropriate emergency responses and general assistance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that: 1. In light of. the significant contribution to the community made by the Hometown Festival Parade, Invitational Band Review and Penofin Running Festival the City of Ukiah shall provide at no charge all necessary crowd and traffic control services including Police and Public Works (w~th available barricades) for these three events. 2. In light of the contribution from the Ukiah Air Show, the City of Ukiah supports the Ukiah Air Show and will not charge any fees for City Services provided in connection with it, including necessary crowd and traffic control. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this 20th day of May, 1987, by the following roll call vote: AYES: NOES: Councilmembers Shoemaker, Hickey, Kier, and Mayor Henderson None ABSENT: Councilmember Schneiter ATTEST: Cit~lerk Page 2 ITEM NO. DATE: 8g May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING COMMISSION AND BOARD MEMBER TERMS EXPIRING JUNE 30, 1998 AND SET DATE TO INTERVIEW APPLICANTS Attached for the Council's information is the current list of terms for City of Ukiah Board and Commission Members. Please note the expiration of the terms, reappointment eligibility, and residence requirements for the following Commissioners and Board Members: Airport Commission: Ken Fowler, Matthew Froneberger, Allan Hunter, and Bob Webb. All but Allan Hunter are eligible for reappointment. Of the five commissioners, two may reside within the City's Sphere of Influence. The fifth commissioner, Mark Davis, resides in the Sphere of Influence. Planning Commission: Eric Larson, Jennifer Puser, and Mike Correll. All reappointment. All Planning Commissioners must reside within the City Limits. are eligible for (Continued to page 2) RECOMMENDED ACTION: Receive report of Commission and Board Member vacancies, authorize City Clerk to advertise the open positions, and set date to interview applicants. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine not to interview Planning Commission and/or other applicants. Acct. No. (if NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No. (if budgeted) Colleen B. Henderson, City Clerk Candace Horsley, City Manager 1. Terms of City of Ukiah Board and Commission Members; 2. Resolution 95-48. APPROVE ~'D~-~ -[~,z~ ~ Candace Horsley, C~y a:asr52098 Manager Parks and Recreation: Angela Hooper, Allen Carter, and John W. Meier. None are eligible for reappointment. Of the seven member Commission, two commissioners may reside within the Sphere of Influence. Current Commissioner Mike Woskow falls within that category. Golf Course Committee: Elsie Nielson, Public Member, and Faye Hefte, Representative from the Women's Golf Club. Both are eligible for reappointment. All members must reside within the City Limits. Investment Oversight Committee: Public Member Monte Hill. There is no limit to the amount of terms the public member may serve, however, he or she must be a resident of the City. According to City of Ukiah Resolution No. 95-48, and with the Council's concurrence, the vacancies will be advertised thirty days prior to appointment, each member eligible to continue serving will be notified that it is necessary to reapply, and committees and/or clubs will be asked to nominate a representative for the Council's consideration. If the Council chooses to hold interviews of the applicants for Planning Commissioner and/or other positions, a date for such interviews should be established. Interviews should take place before the first meeting in July so that the appointments may be made at the July 1 meeting. . TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS May 4, 1998 Airport - 3 year term ** - Mastin* Ken Fowler ** Matthew Froneberger Allan Hunter Bob Webb Mark Davis* * Date of Current _AD~ointment 7/05/95 7/05/95 7/O5/95 3/20/96 8/21/96 ,planninq - 3 year term - Mastin* Eric Larson Judy Pruden Jennifer Puser Mike Correll Joe Chiles 7/05/95 7/17/96 9/18/96 1/15/97 7/02/97 Parks and Recreation - 3 year term ** - Malone* Present Term Expires 6/30/98 6/30/98 6/30/98 6/30/98 6/30/99 6/30/98 6/30/99 6/30/98 6/30/98 6/30/0O Last Date .t.o Serve 6/30/01 6/30/01 6/30/98 6/30/01 6/30/99 6/30/01 6/30/02 6/30/01 6/3O/04 6/30/03 Angela Hooper 7/05/95 6/30/98 6/30/98 Allen Carter 7/05/95 6/30/98 6/30/98 John W. Meier 7/05/95 6/30/98 6/30/98 Susan Johnson 7/17/96 6/30/99 6/30/02 Don Rones 7/17/96 6/30/99 6/30/02 Jeffrey Anderson 1/18/95 6/30/99 6/30/02 Mike Woskow** 7/17/96 6/30/99 6/30/02 Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Gary Bruchler (appointed by employees 1991/reapplied 8/31/95) Dan Saylor (appointed by two other members) City Representative on the Library Advisory Commission Ann Fatch 11/04/92 7/16/97 7/02/97 7/17/96 7/17/96 7/16/97 Cultural Arts Advisory Board - MalonE* Currently Inactive 6/30/99 6/30/99 6/30/98 6/30/98 6/30/99 ..Golf Course Committee - 2 year term - Ashikl!* Donald E. Rones, Sr.- Parks and Recreation Perry Ramsey- Men's Golf Club Elsie Nielson - Public Member Faye Hefte - Women's Golf Club Robert F. Burke - Public Member Demolition Permit Review Committee - 2 year term - inactive Director of Public Works/City Engineer (all other terms have expired) Investment Oversiqht Committee - Public Member 2-year terr, - Malone~ Candace Horsley - City Manager Gordon Elton - Finance Director Phil Ashiku - City Councilmember Monte Hill- Public Member 9/18/96 6/30/98 Allen Carter - City Treasurer, Chair 6/30/99 6/30/01 6/30/00 6/30/00 6/30/01 N/A Terms - Page 1 CpM~',O T '~}. Traffic Enqineerinq Committee William Fernandez Steve Turner Donna Roberts Disaster Council Mayor Councilmember - Phillip Ashiku City Manager Assistant City Manager Police Captain Fire Operations Captain City Attorney (no vote) Federal, State and Local Organizations American Red Cross California Dept. of Forestry Mendocino Emergency Services Authority Mendocino Transit Authority Pacific Bell Pacific Gas and Electric Radio Amateur Civic Emergency Services (R.A.C.E.S.) Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator - Staff Date of Current Appointment 1982 6/15/88 1/15/97 11/05/97 11/05/97 11/05/97 11/05/97 11/05/97 11/05/97 11/05/97 Present Term Expires Last Date .t.o Serve *Last Councilmember to nominate for appointment to this Commission/Board. **Two Commissioners may reside within the City's Sphere of Influence a:terms:l 1 Terms - Page 2 RESOLUTION NO. 95- 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council has not adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following procedure for filling vacancies on the City's commissions and'bdards, including the Planning Commission. PROCEDURE FOR FILLING V~CANCIES ON COM/~ISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. s:\u\resos95\vacancy.pro May 30, 1995 2. Nominations. Each councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the councilmembers based on seniority with the most senior councilmember going first. b. The Council shall vote on each nomination as it is made. c. A councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior councilmember, when a councilmember's nomination is approved by a majority vote of the councilmembers present or the councilmember agrees to pass the nomination to the next most senior councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among councilmembers to fill vacancies shall be followed for each separate commission or board. il) The City Clerk shall maintain a record of the last councilmember to-make a nomination for each commission or board. . (2) When another vacancy must be filled on that commission or board, the next councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 7 th day of June following roll call vote: , 1995, by the AYES: Co, mci lmembers Wattenburger, Shoemaker and Mayor Schneiter NOES: Councilmember Malone ABSTAIN: None ABSENT: Councilmember Mastin ATTE~ Ca ~[yV ay, ~it~ Clerk Fred er, Mayor s:\u\resos95\vacancy.pro May 30, 1995 ITEM NO. 8h DATE: May 20, 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LETTER OF INTENT TO NEGOTIATE A CONTRACT WITH FIRSTPOINT UTILITY SOLUTIONS, INC. FOR CUSTOMER INFORMATION SYSTEMS (CIS) INCLUDING PRINTING AND MAILING OF CUSTOMER BILLS Background: The competitive forces in the electric energy industry preclude operating within the status quo. Re-organizing operations to accommodate the competitive forces is essential. The impact and timing of changes, as they affect the residents of Ukiah, is yet to be determined. Before final decisions are made, alternatives must be explored. During the past year city staff began exploring alternate methods and procedures for reading meters, processing customer data, calculating and printing the bills and mailing bills to the customers. A previous request, for billing and mailing services only, did not result in an acceptable alternative. The most recent RFP requested a broader range of options and specifically requested innovative proposals. Requests for proposals to provide innovative solutions for various utility related services were issued last December. Submittals were opened in February. Since that time various staff members have reviewed the proposals and listened to presentations from the proposers. A variety of options were reviewed. The services that were focused on included printing and mailing of bills, billing software, computer hardware and metering services. Three vendors submitted proposals for various combinations of services. Considering the services proposed, the experience of the vendors, the cost of services and the potential for additional value added services, FirstPoint was selected as having the most workable solutions and cost effective service package. (Continued on page 2) RECOMMENDED ACTION: Authorize the City Manager to sign the Letter of Intent with FirstPoint Utility Solutions, Inc. ALTERNATE COUNCIL POLICY OPTIONS: 1. Revise the Letter of Intent and authorize the City Manager to sign it. 2. Determine the Letter of Intent should not signed. Prepared by: Gordon Elton, Finance Director Coordinated with: Patsy Archibald, Customer Service Supervisor; Darryl Barnes, Utilities Director. Attachments: Letter of Intent APPROVED: ,. ~ Q~_ Candace Horsley, City Manager GE:METEREAD.AGN ~ Proposal: FirstPoint proposed a solution that included replacement of the current Customer Information System (CIS) software on the City owned mainframe computer with a service bureau approach to billing. The service bureau approach includes connecting City staff to the mainframe computer at FirstPoint. Software and hardware maintenance and upgrades would become the responsibility of FirstPoint. The City would maintain the terminals used by staff to connect to the main computer. Communication links would be established over telephone lines - either Ti or modem lines. Printing and mailing functions would take place at FirstPoint's facilities where thousands of bills are produced each day. Staff is proposing approval of a letter of intent with FirstPoint to implement a billing system that will provide the resources to meet the competitive requirements of the future. The purpose of the letter of intent is to establish parameters and the time frame during which the City and FirstPoint will conduct exclusive negotiations to arrive at a contract. The Letter of Intent does not require the City to sign a contract if negotiations can not be completed satisfactorily. The anticipated contract will include providing computer information systems (software) as well as printing and mailing of utility customer bills, notices and statements for other City services. The service concept as proposed by FirstPoint is one of partnering with the City in providing essential utility functions and new utility related products to customers utilizing economies of scale which the City of Ukiah is unable to achieve on its own. The computer terminals used by City staff would connect to FirstPoint's mainframe computer via telephone line connections. This allows City staff to continue full control of all data entry and access to customer information. City staff would continue as the only contact point for customers who have questions about their bills or seek changes to their account. Printing and mailing of bills would occur from FirstPoint's office. Why is this method of providing computing capability and document printing a good idea? With technology changing so quickly, and the market for energy changing quickly, it is difficult to ensure that CIS technology matches up with customer needs at a given time. In this kind of environment, it makes a great deal of sense to hedge one's bets by contracting for certain services. Advantages for Ukiah customers are: o Ail existing services would continue: budget billing, "Easy Pay" automatic funds transfer and credit card payments. Payment arrangements would continue to be made by City staff. Customers may request various customized services, including language specific bills (available in Spanish) and preferred due dates. Summary billing could be available to customers currently receiving multiple bills, i.e. Businesses with more than one GE:METEREAD.AGN Page 2 o o . o o location could receive a bill that itemizes each location within the one bill. FirstPoint's CIS provides increased capability to provide inserts to specific groups or classifications of customers. The risk of acquiring and understanding the most current technology is passed to FirstPoint. Software purchases frequently have hidden costs related to upgrades, maintenance, and compatibility with existing software and hardware. The FirstPoint solution gives Ukiah an all-in-one package where integration of components is already taken care of. With limited staff it is impossible to do a complete scan of all the technology platforms available. To the extent that the CIS platform is invisible in a managed services solution, the issue disappears. The energy market is changing quickly in California, so it is difficult to know if any technology solution will be the right one in 12-18 or 24 months. FirstPoint takes that risk, not the City of Ukiah. FirstPoint has the latest technology and is already proven in a deregulated environment. As improvements in technology leapfrog forward, capabilities of available equipment far exceed the current equipment utilized by the City. It is time that existing equipment must be replaced. Software must meet two new criteria. Alternatives: If services, such as those offered by FirstPoint, are not utilized, how would the City perform these functions? Historically billing related procedures have been performed by City staff utilizing computer and mailing equipment located on City premises. The responsibility for evaluating, procuring, installing, operating and replacing the necessary equipment has rested solely on the backs of City staff. In addition to computer hardware and software requirements, mail room equipment used to burst forms, stuff inserts with the bills and seal the mailing envelope, will need replacement. Changes in U.S. Postal service requirements for volume mailings may change at any time. These changes could require new equipment to achieve the lowest possible postage rates. Minimum requirements to continue with the existing system, to get by for a while, include: year 2000 upgrade; unbundled billing software upgrade (without competitive billing capabilities); mailroom equipment replacement. Time: With Customer Information System technology evolving quickly and with customer needs changing rapidly, it may be tempting to simply wait for it all to achieve a steady state. We believe it won't. Even though Ukiah can't perfectly predict what will ultimately occur in these markets (no one can), it is important to realize that existing systems are less and less capable of dealing with these changes. It is advantageous to accommodate new requirements now as we also face year 2000 issues. GE:METEREAD.AGN Page 3 Economics: As a company that serves several utilities and energy service providers, FirstPoint can bring economies of scale to CIS and billing services. It is difficult for the City of Ukiah to approach such economies. In addition, other alternatives, that were explored, are cost prohibitive for a utility of our size. As you have heard in many ways, most software must be upgraded to work after the end of 1999. Additionally, new requirements for unbundled billing of electric related services are part of the competitive model in the new electric utility environment. If the City of Ukiah opens its electric market to competition, additional capabilities to bill for electric energy provided by other suppliers will be required. The existing software has an upgrade available that may meet the minimum requirements for unbundled billing in the non-competitive environment. It will not meet the requirements for billing energy provided by other suppliers if the City is opened to other energy providers. Next step: After the Letter of Intent is signed, FirstPoint will assign a Project Manager and send an assessment team to review our current procedures. This review will identify specific hardware requirements for the system; form the basis for identifying the procedures that may change to most effectively utilize the capabilities of the new system; and help define the implementation costs. Summary: FirstPoint has the capabilities to provide Customer Information Services and bill printing and mailing services which meet the requirements of the Year 2000, the unbundled utility bill and the competitive energy provider detail. In addition, they have other services available that the City may wish to consider in the future. FirstPoint will assume the responsibility for meeting future billing requirements that may be imposed through the de-regulation or similar processes. Conclusion: Staff recommends initiating a partnership arrangement with FirstPoint Utility Solutions, Inc. by signing the Letter of Intent and pursuing a contract for Customer Information Services and bill printing and mailing services. GE:METEREAD.AGN Page 4 First nt Utility Solutions, Inc. An Enron Compan}, City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Attn: Darryl Barnes Electric Utility Director Gentlemen: April 14, 1998 Letter of Intent Confidential & Proprietary This letter of intent (this "Agreement"), is agreed to and executed by the City ofUkiah, a municipality located in Mendocino County in the State of California (the "City") and FirstPoint Utility Solutions, Inc. ("FirstPoint"), an Oregon corporation. The City and FirstPoint are sometimes referred to individually as a "Party" and collectively as the "Parties." This Agreement sets out the Parties' current mutual intent regarding FirstPoint's potential rendering of services to the City as set out in a proposal dated February 20, 1998, submitted by FirstPoint to the City (the "Project"). This Agreement is intended to set forth certain basic terms of the understanding reached to date and to serve as a basis for further discussions and negotiations among the Parties with respect to the Project. The matters set forth in Article I are not intended to and do not constitute a binding agreement of the Parties with respect to the Project or otherwise. Any such binding agreement will only arise upon the negotiation, execution and delivery of mutually satisfactory definitive agreements and the satisfaction of the conditions set forth therein, including the approval of such agreements and the Project by the respective board of directors or other governing body of each Party. The matters set forth in Article II are the only matters intended to and which do constitute binding agreements of the Parties. Article I The Project 1. Request for Proposal. The City has requested that FirstPoint provide to them a proposal for the development of the Project to provide "revenue cycle services" (including billing and mailing, metering, collection and customer service) related to the City's municipal utility operations. Firstpoint has responded with a proposal dated February 20, 1998. Phone: 503.464.8844 Fax: 503. 778.5566 121 S¼' Sahno'tip~[~Yal\ukiah\loi.doc Portland, Oregon 97204 Letter of Intent Page 2 of 4 REVISION: for final document. 2. Preliminary Due Diligence. Following the execution of this Agreement and for a period of ninety (90) days following the date hereof, the Parties agree to proceed with due diligence of the Project in an effort to determine whether the Project is commercially feasible and viable and to confirm the various assumptions and findings made to date. 3. Definitive Agreements. On or prior to August 15, 1998, FirstPoint (and/or its affiliates) and the City (and/or its affiliates) will attempt to negotiate a definitive agreement ("Lease") and other material agreements required to implement the Project (collectively, the "Definitive Agreements") outlining in specific detail the rights and obligations of the Parties; provided, however, that no Party shall be obligated to negotiate and execute the Definitive Agreements if such Party no longer desires to pursue the Project. Article II Binding Agreements 1. Term. This Agreement shall remain in force and effect until August 15, 1998 (the "Term"). 2. Exclusivity. In consideration of the efforts to be expended by FirstPoint in undertaking its respective due diligence review of the Project, the City hereby grants to FirstPoint during the Term of this Agreement the exclusive right to develop the Project with the City. During the Term of this Agreement and without the prior written consent of FirstPoint, the City shall not discuss or negotiate with any other party an agreement to provide services in the nature of those anticipated to be provided by FirstPoint in connection with the Project. This prohibition will include any discussions with other respondents to the City's Request for Proposals dated January 15, 1998, related to the subject matter of the Project. 3. Confidentiality. To the extent not prohibited by law, the City agrees not to discuss with or disclose to any third party the terms under which FirstPoint proposes to provide services in connection with the Project, except (a) xvith the express prior written consent of FirstPoint or (b) as may be required or appropriate in response to any summons, subpoena or discovery order or to comply with any applicable law, order, regulation or ruling. The City shall promptly inform FirstPoint of the substance of any inquiries received by such Party from any governmental or regulatory authority in connection with the Project. FirstPoint agrees keep all City customer information confidential. 4. Representations and Warranties. Each Party hereby represents and warrants to the other Parties that this Agreement (a) has been validly executed and delivered, (b) has been duly authorized by all action necessary for the authorization hereof, and (c) is the legal, valid and binding obligation of such Party, enforceable in accordance with its terms. to f:\proposal\ukiah\loi.doc Letter of Intent Page 3 of 4 5. Expenses. Each Party shall bear its own expenses in connection with the due diligence review and assessment, negotiation, preparation, review, execution, delivery, performance, collection and enforcement of this Agreement, the Definitive Agreements, and any other documentation contemplated hereby or thereby. 6. Board of Director Approval. Neither Party shall be bound by any Definitive Agreements until (a) such Party's respective Board of Directors, or other governing body, shall have approved the Definitive Agreements, (b)such Party shall have executed the Definitive Agreements, and (c) all conditions precedent to the effectiveness of any such Definitive Agreements shall have been satisfied, including the obtaining of any and all requisite federal and state regulatory orders or approvals which are satisfactory in form and substance to the Parties. 7. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior discussions, agreements or understandings, whether oral or written, relating to such subject matter. There are no other written or oral agreements or understandings among the Parties. 8. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND Revision: CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF 0t'll[Ig~Jgl, f or f ina t WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS-OF-LAWS. CALI FeRN I A document 9. Non-Inclusive; Non-Binding. This Agreement does not contain all matters upon which agreement must be reached in order for the Project to be completed and except for the provisions of this Article II does not constitute a binding commitment with respect to the Project. This Agreement does not create and is not intended to create a binding and enforceable contract between the Parties with respect to the provisions of Article I, and may not be relied upon by a Party as the basis for a contract by estoppel or otherwise. A binding commitment with respect to the Project can only result from the execution and delivery of the Definitive Agreements. If the provisions of Article I correctly set forth our current understanding and the provisions of Article II set forth our binding agreement, please execute all three originals of this Agreement in the space provided below, retain one fully-executed original for your file, and return one of the other originals to each of the other Parties on or before May 15. 1998. If we do not receive a fully-executed original of this Agreement by such date, this Agreement shall automatically terminate and be of no further force or effect. f:\proposal\ukiah\loi.doc Letter of Intent , Page 4 of 4 The Parties to this Agreement hereby confirm the understandings set forth in this Agreement by signing and accepting this Agreement in the spaces provided below. This Agreement may be executed in counterparts, with each counterpart being deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. FIRSTPOINT UTILITY SOLUTIONS, INC. By: Name: David K. Carboneau Title: President Acknowledged, Agreed to and Accepted this day of THE CITY OF UKIAH By: Name: Title: f:\proposal\ukiah\loi.doc ' FirstP.,/znt [ Utility Solutions, Inc. City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Atto: Darryl Barnes Electric Utility Director May 15, 1998 Letter of Intent Confidential & Proprietary Gentlemen' This letter of intent (this "Agreement"), is agreed to and executed by the City of Ukiah, a municipality located in Mendocino County in the State of California (the "City") and FirstPoint Utility Solutions, Inc. ("FirstPoint"), an Oregon corporation. The City and FirstPoint are sometimes referred to individually as a "Party" and collectively as the "Parties." This Agreement sets out the Parties' current mutual intent regarding FirstPoint's potential rendering of services to the City as set out in a proposal dated February 20, 1998, submitted by FirstPoint to the City (the "Project"). This Agreement is intended to set forth certain basic terms of the understanding reached to date and to serve as a basis for further discussions and negotiations among the Parties with respect to the Project. The matters set forth in Article I are not intended to and do not constitute a binding agreement of the Parties with respect to the Project or otherwise. Any such binding agreement will only arise upon the negotiation, execution and delivery of mutually satisfactory definitive agreements and the satisfaction of the conditions set forth therein, including the approval of such agreements and the Project by the respective board of directors or other governing body of each Party. The matters set forth in Article II are the only matters intended to and which do constitute binding agreements of the Parties. · Phone: 503.425.5100 Fax: 503.425.5010 1001 SW Fifth Avenue Suite 500 Portland, Ore~b~lng~ 2 04 ;.,erter of :~ntent ?age 2 of 4 Article I The Project 1. Request for Proposal. The City has requested that FirstPoint provide to them a proposal for the development of the Project to provide "revenue cycle services" (including billing and mailing, metering, collection and customer service) related to the City's municipal utility operations. Firstpoint has responded with a proposal dated February 20, 1998. 2. Preliminary Due Diligence. Following the execution of this Agreement and for a period of ninety (90) days following the date hereof, the Parties agree to proceed with due diligence of the Project in an effort to determine whether the Project is commercially feasible and viable and to confirm the various assumptions and findings made to date. 3. Definitive Agreements. On or prior to August 15, 1998, FirstPoint (and/or its affiliates) and the City (and/or its affiliates) will attempt to negotiate a definitive agreement ("Lease") and other material agreements required to implement the Project (collectively, the "Definitive Agreements") outlining in specific detail the rights and obligations of the Parties; provided, however, that no Party shall be obligated to negotiate and execute the Definitive Agreements if such Party no longer desires to pursue the Project. a:~ou FirstPoint Utility Solutions, Inc. Letter of Intent Page 3 of 4 Article 11 Binding Agreements 1. Term. This Agreement shall remain in force and effect until August 15, 1998 (the "Term"). 2. Exclusivity. In consideration of the efforts to be expended by FirstPoint in undertaking its respective due diligence review of the Project, the City hereby grants to FirstPoint during the Term of this Agreement the exclusive right to develop the Project with the City. During the Term of this Agreement and without the prior written consent of FirstPoint' the City shall not discuss or negotiate with any other party an agreement to provide services in the nature of those anticipated to be provided by FirstPoint in connection with the Project. This prohibition will include any discussions with other respondents to the City's Request for Proposals dated January 15, 1998, related to the subject matter of the Project. 3. Representations and Warranties. Each Party hereby represents and warrants to the other Parties that this Agreement (a) has been validly executed and delivered, (b) has been duly authorized by ali action necessary for the authorization hereof, and (c) is the legal, valid and binding obligation of such Party, enforceable in accordance with its terms. 4. Expenses. Each Party shall bear its own expenses in connection with the due diligence review and assessment, negotiation, preparation, review, execution, delivery, performance, collection and enforcement of this Agreement, the Definitive Agreements, and any other documentation contemplated hereby or thereby. 5. Board of Director Approval. Neither Party shall be bound by any Definitive Agreements until (a) such Party's respective Board of Directors, or other governing body, shall have approved the Definitive Agreements, (b)such Party shall have executed the Definitive Agreements, and (c)all conditions precedent to the effectiveness of any such Definitive Agreements shall have been satisfied, including the obtaining of any and all requisite federal and state regulatory orders or approvals which are satisfactory in form and substance to the Parties. 6. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior discussions, agreements or understandings, whether oral or written, relating to such subject matter. There are no other written or oral agreements or understandings among the Parties. 7. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS-OF-LAWS. 8. Non-Inclusive; Non-Binding. This Agreement does not contain all matters upon which agreement must be reached in order for the Project to be completed and except for the provisions of this ,article II does not constitute a binding commitment with respect to the Project. This Agreement does not create and is not intended to create a binding and enforceable contract between the Parties with respect to the provisions of Article I, and may not be relied upon by a Party as the basis for a contract by estoppel or otherwise. A binding commitment with respect to the Project can only result from the execution and delivery of the Definitive Agreements. a:~nou FirstPoint Utility Solutions, Inc. Pa~e 4 c,f,1 If the provisions of Article I correctly set forth our current understanding and the provisions of Article Il set £orth our binding agreement, please execute all three originals of this Agreement in the space provided below, retain one fully-executed original for your file, and return one of the other originals to each of the other Parties on or before May 22, 1998. If we do not receive a fully- executed original of this Agreement by such date, this Agreement shall automatically terminate and be of no further force or effect. The Panics to this Agreement hereby confirm the understandings set forth in this Agreement by signing and accepting this Agreement in the spaces provided below. This Agreement may be executed in counterparts, with each counterpart being deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. FIRSTPOINT UTILITY SOLUTIONS, INC. Name: David K. Carboneau Title: President Acknowledged, Agreed to and Accepted this day of THE CITY OF UKIAH By: Name: Title: a:~mou FirstPoint Utility Solutions, Inc. TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH H~S SERVED ASA FOCAL POINT FOR THE ~SPIRITUAL AND COMMUNITY LIFE OF OUR PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS SiZE AND COULD NOT REMODEL liS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE I~DE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RESPECT OUR COMMUNi'D/' DECISION AND GRANT THE DEMOLITION~RMIT. TO: MAYOR AND CITY COUNCIL CITY OF UKIAH · WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS SIZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE' THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RESPECT OUR COMMUNITY DECISION AND GRANT THE DEMOLITION PERMIT. TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS SIZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RESPECT OUR COMMUNITY DECISION AND GRANT THE DEMOLITION PERMIT. TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR pARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS 'SIZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE .URGE YOU TO RESPECT OUR COMMUNITY DECISION AND GRANT THE DEMOLITION PERMIT. TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS 'SIZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RESPECT OUR COMMUNITY DECISION AND GRANT THE DEMOLITION PERMIT. TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508, 'WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS SiZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RE~ OUR COMMUNITY DECISION AND GRANT THE TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS 'SIZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RESPECT OUR COMMUNITY DECISION AND GRANT THE DEMOLITION PERMIT. , .- , .._. .. C,"~--~'~"~ - ,'T-/' ' ;-'7.,, , ~ , ,-'? z? TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR 'PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS SIZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY cONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO'A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RESPECT OUR COMMUNITY DECISION AND THE DEMOLITION PERMIT. TO: MAYOR AND CITY COUNCIL CITY OF UKIAH WE, THE MEMBERS OF ST. MARY'S PARISH, URGE YOU TO APPROVE THE DEMOLITION OF OUR CHURCH AT 508 WEST PERKINS. ALTHOUGH THE CHURCH HAS SERVED AS A FOCAL POINT FOR THE SPIRITUAL AND COMMUNITY LIFE OF OUR PARISH FOR MORE THAN 70 YEARS WE HAVE LONG OUTGROWN ITS SIZE AND COULD NOT REMODEL ITS UNREINFORCED MASONRY CONSTRUCTION. WE AS A PARISH HAVE MADE THE DIFFICULT AND PAINFUL DECISION TO MOVE TO A NEW SITE. WE CANNOT IMAGINE THE CONVERSION OF THE SANCTIFIED BUILDING INTO A RESIDENTIAL, COMMERCIAL OR OTHER USE. WE URGE YOU TO RESPECT OUR COMMUNITY DECISION AND GRANT THE DEMOLITION PERMIT. //7- ce I~ ~z,/~',eo c, ce,To,