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HomeMy WebLinkAbout2002-09-18 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 18, 2002 6:30 p.m. RESUME M/RC (4-1) 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES a. Regular Meeting of September 4, 2002 Mayor Read 4. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City's Boards and Agencies may be judicially challenged. Mayor Read 5. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/RC(5-0) AI313roving Items a through e and g through h (f pulled and heard as 8i) of the Consent Calendar as follows: a. Approval of Disbursements for Month of August 2002 b. Award of Bid for 25, 35, 45, 50, and 55 Foot Class 3 Western Red Cedar Poles To J.H. Baxter Co. in the Amount of $14,302.86 c. Approval of Modified Spending Plan and Adoption of Budget Amendment for California Law Enforcement Equipment Program (CLEEP) Grant for Fiscal Year 2001/2002 d. Report to the City Council Regarding Acquisition of Services From Spencer Brewer For the Management/Production of the 2003 Sundays in the Park Concert Series in the Amount of $7,500 e. Award of Bid to Advance: Solar, Hydro, Wind Power Company for the Design and Installation of Photovoltaic System at the Civic Center Addition in the Amount of $57,000 and Authorize City Manager to Execute Agreement g. Acceptance of Work as Complete for ADA Curb Ramps, Phase 4 Project, Specification No. 01-10, and Authorize Filing of Notice of Completion with County Recorder h. Acceptance of Work as Complete for Mendocino Drive Sidewalk Improvement Project, Specification No. 00-06, and Authorize Filing of Notice of Completion with County Recorder Mayor Read 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. 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. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. M/RC(5-0) . PUBLIC HEARING (7:00 P.M.) a. Public Hearing Regarding Notification of Award of Federal Law Enforcement Block Grant, Discussion of Fund Allocation, and Approval of Budget Amendment M/S (4-1) b. Introduction of Commercial Property Maintenance Ordinance 8. NEW BUSINESS a. Approval of Abandonment of Right-of-Way in Exchange for Grants of Right-Of- Way for Standley Street and Easement From Standley Street to Fish Hatchery Property Consensus of Council was to table the matter M/S (5-0) b. Authorization of City Manager to Execute Consulting Services Agreement with EBA Engineering to Provide Environmental Compliance Services for the City of Ukiah Landfill, with Contract Amount Not to Exceed $51,226 Reviewed c. Review and Comment Regarding the 2002 Mendocino County Regional Housing Allocation Plan Prepared by the Mendocino Council of Governments M/S (5-0) d. Acceptance of Federal Aviation Administration (FAA) Grant for Infrastructure Improvements at the Ukiah Regional Airport M/S (5-0) e. Approval of Optional Redemption of the 1992 Refunding Certificates of Participation and Approval of Budget Amendment M/S (4-1) Consensus M/S (5-0) Res.2003-07 M/S (4-1) f. Approval of Additional Line Attendant Position in Electric Utility and Budget Amendment g. Consideration by Council of League of California Cities Resolutions h. Adoption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit- Miscellaneous i. Approve City of Ukiah's Statement of Investment Policy for Fiscal Year 2002/2003 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. Unit Memorandum of Understanding Labor Negotiator: Candace Horsley, City Manager No closed session. 9:35 p.m. 12.ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE SEPTEMBER 18, 2002. 8:00 P.M.* RESUME Chairman Read Chairman Read M/RC (5-0) M/S (5-0) Res.2003-02 1. ROLL CALL ,, ,, . . None 6. None 7. 9:21 p.m. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency 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. The Brown Act regulations do not allow action to be taken on audience comments. APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the Agency and its Boards may be judicially challenged. APPROVAL OF MINUTES a. Regular Meeting of July 17, 2002 NEW BUSINESS a. Adoption of Resolution Approving County of Mendocino Request for Use of a Portion of County 20% Housing Setaside Funds (The Ford Street Project) COMMISSIONERS REPORTS EXECUTIVE DIRECTOR REPORTS ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. DRAFT Mendocino County Regional Housing Needs Plan Prepared by Mendocino Council of Governments Laurence N. Wright, P.E. Deputy Director for Long Range Planning Submitted to State of California Business, Housing & Transportation Agency Department of Housing & Community Development Division of Housing Policy Development August 2002 Regional Housing Needs Plan DRAFT Introduction This housing needs allocation plan has been prepared by the Mendocino Council of Governments (MCOG) in response to statutory requirements, policy direction from the State of California Department of Housing and Community Development (HCD), and mandated deadlines for delivery of housing need allocation numbers to local jurisdictions within the region. MCOG has been designated by HCD as the appropriate regional agency to coordinate the housing need allocation process. The political jurisdictions that comprise the region consists of the Mendocino County unincorporated area and the Cities of Ukiah, Fort Bragg, Willits and Point Arena. Pertinent Government codes and legislation include Government Code Section 65584 and recent legislation contained in Chapter 85, Statutes of 2001. The development of the Regional Housing Needs Allocation has been an evolutionary process begun over a year ago by HCD staff in initial proposals for methodology and evaluation criteria to identify future housing requirements. While the staff of the local jurisdictions had the option of developing their own estimates of future housing requirements and then negotiating with HCD in selecting target totals for determining the regional allocation total, it was decided to submit the population and employment forecasts used in the Regional Transportation Plan (RTP) and rely on the housing estimates from HCD. The purpose of this Regional Housing Needs Plan is to document the methodology for allocation of housing needs targets for each local jurisdiction using a predetermined regional total from HCD. This number will then be the target for each local jurisdiction's revised General Plan Housing Element. Methodology- Background Before moving into the methodology and process for determining the housing needs by income category, it will be instructive to review the environment within which the allocation process has been implemented. The environment is divided into three general categories: Regulatory, Internal Structure and External Forces. These are categories of convenience more then any kind of technically defined groupings. The regulations are contained in state law that. specifies the development of housing needs estimates by both HCD and the responsible regional agency. These laws are updated from time to time by the state legislature, and the response of local agencies often depends on economic and demographic statewide conditions. Currently there are no penalties for delay in adopting a Regional Housing Needs Plan (RHNP) and the updated Housing Element of local agency General Plans, which are also required by state law. Appendix A describes the Regulatory structure as defmed by HCD, along with the needs estimate by HCD and a timetable recommended for RHNP preparation. The factors that affect housing need particular to the Mendocino County region are grouped under Internal Structure. Obviously, population growth is the key factor that will immediately shape future housing need in the region. However, employment growth, water availability, infrastructure availability, and zoning/land use designations also are important in determining ! Mendocino Council of Governments - 1 - August 2002 Regional Housing Needs Plan DR,IFF Internal Structure. It will be immediately noticeable that these factors play a crucial role in the supply of housing. They also influence the location of new employment centers; although the zoning will be for different uses, the questions that relate to the size of parcels, availability of water and other infrastructure services will be the same. Appendix B contains a list of constraints associated with these factors for each of the local jurisdictions (with the exception of Point Arena, whose housing needs are minimal). Table 1 presents the population growth for each of the five local jurisdictions over the last decade based on the 1990 and 2000 census data. Table 1 Population Growth 1990-2000 Jurisdiction 1990 Pop. 2000 Pop. % Increase Point Arena 407 474 16.5 Fort Bragg 6,078 7,026 15.6 Willits 5,027 5,073 0.9 Ukiah 14,599 15,497 6.1 Unincorporated Area 54,234 58,195 9.0 - County TOTALS 82,335 88,265 7.2 The growth rates based on the past decade are not very good indicators of the next decade of population growth when many of the Internal Structure factors are known and understood. The growth rate for Point Arena is determined from a very small population base and reflects an annexation in the early 1990s. The likelihood of repeating that amount of growth is very small. The increase in population in the City of Fort Bragg is based on the completion of a very aggressive water conservation program that involved retrofit of residential and commercial water use devices. This allowed the City to accommodate population and housing growth without increasing water supply. The capacity of the conservation program has been exhausted and a state-imposed building moratorium remains in place. In fact, water supply to the entire coastal area is a very real obstacle to new housing starts along the Mendocino coast. The City of Willits, on the other hand, is potentially in a position to experience population growth significantly greater than the less than one percent seen over the past decade. Downtown L Mendocino Council of Governments - 2 - August 2002 Regional Housing Needs Plan DRAFT redevelopment opportunities associated with implementation of the Willits Bypass on U.S. Highway 101, residential infill along the State Route 20 corridor, and aggressive mixed-use planning for empty acreage southeast of the present downtown all point to increased population growth. Appendix C contains some additional comparisons of population data from 1990 and 2000 census reports broken down by census tracts and community boundaries. This data allows some refinement in determining where past growth has been concentrated. External Forces will have a clear impact on the demand for housing; the problem is that the timing and nature of this impact is impossible to predict. The information and facts regarding economic growth, population growth, state in-migration patterns, and California development patterns have been studied and trends identified. At a recent California Department of Transportation symposium on forces shaping mobility strategies (November 30 - December 1, 2000), population growth estimates and potential distribution through the year 2020 were examined. Dr. Hans P. Johnson, a demographer from the Public Policy Institute of California, outlined modest population growth for the North Coastal area of California (including Mendocino County), however even modest growth in comparison to the inland valley areas will have a significant impact on resources and infrastructure. Appendix D gives an overview of the material presented by Dr. Johnson at the conference. Other external forces include global economics, changes in weather patterns, decisions by corporate employers, and interregional shifts in housing supply from Sonoma County. While these forces are of interest and need to be tracked, there is little that Mendocino County can do to alter their impact. In summary, Regulatory requirements that currently shape the housing needs allocation process, and the subsequent preparation of Housing Elements of General Plans, are fairly clear in communicating the general approach and timetable as determined by HCD. While current state law does not impose any penalties if housing goals are not met, there are many bills pending in the State Legislature that propose changes to the current laws. The region can track various proposals and inform our elected representatives concerning regional preferences. The factors listed under External Forces cannot, for the most pan, be changed or altered by any actions by the local jurisdictions. The decisions of private sector builders, investors, and property owners in response to these forces is outside of the control of local government. Internal Structure is the one factor by which local government can take some initiative in shaping future housing demand. The housing constraints listed in Appendix B can be addressed by each local jurisdiction as a precursor to the preparation of their Housing Element updates in balancing housing need with ability to create housing supply. Each jurisdiction will look at zoning, building/subdivision requirements, possible annexations, water and sewer treatment capacities, and other creative ways to meet housing demand that are within local jurisdiction administrative responsibility. The challenge will be to meet the regional housing needs with a coordinated and cooperative effort. Mendocino Council of Governments - 3 - ,4ugust 2002 Regional Housing Needs Plan DRAFT Methodology- Allocation Process The previous regional housing allocation plan, the Mendocino County Housing Needs Plan, was prepared for MCOG by the Community Development Commission in June of 1991 and revised in October 1991 before adoption by the MCOG Board of Directors. That plan included a detailed examination of the various factors affecting housing need, including income levels, population, family size, estimates of overcrowding, age-related requirements, and condition of existing housing supply. However, for this effort, the basics of identifying the basics of housing demand for Mendocino County has been calculated by the HCD staff, reviewed by the local jurisdictions, and appropriate control totals for the region selected from options provided by HCD. Appendix E outlines the general methodology used by HCD in projecting regional housing needs for 2001 through 2008. Two levels of housing need were projected for Mendocino County; a "Low" regional housing need of 4,845 housing units and a "Middle" level need of 6,114 housing units. The basic calculations are presented in Appendix F at the end of this report. The consensus of the local jurisdictions was the selection of the low estimate as a regional control total for our allocation process. Therefore the allocation process will focus on definition of the low estimate as described in Attachment 1 of Appendix A, which breaks out the housing units by an income distribution of the Mendocino County population. The allocation process was initiated by contacting the individuals responsible for planning and preparation of the Housing Element for each of the five local jurisdictions. These individuals then agreed to participate in a Regional Housing Needs Plan Technical Advisory Committee (TAC) to assist MCOG staff with development of an acceptable allocation formula. The City of Point Arena declined direct participation due to other staff commitments, however requested the opportunity to review the final draft allocations. As recommended by the TAC, Community Development Commission staff also was invited to partipate. Participating TAC Members: Pamela Townsend, Senior Planner, County of Mendocino Charley Stump, Planning Director, City of Ukiah Linda Ruffing, Community Development Director, City of Fort Bragg Alan Falleri, Community Development Director, City of Willits Larry Wright, Deputy Director for Long Range Planning, MCOG Janet Orth, Deputy Director for Administration, MCOG Technical Advisory Committee Actions The committee met three times in addition to contact with MCOG staff by e-mail, telephone, and fax between committee meetings. Data from the 2000 census, the 1991 Mendocino County Housing Needs Plan, the Potential Residential Development Report: Ukiah Valley (prepared by the County of Mendocino), and current planning criteria for residential development in each of the local jurisdictions were reviewed and a preliminary allocation selected based on the percentage distribution from the 1991 plan. This distribution was shared with HCD staff members and reviewed with them at a meeting in the MCOG offices in April of 2002. Table 2 presents the draft housing need allocation discussed with HCD staff. 'Mendocino Council of Governments - 4 - August 2002 Regional Housing Needs Plan DRAFT Table 2 Trial Allocation by 2001-2008 Dwelling Units TAC's First Draft 4/8/02 Above Income Group: Very Low Low Moderate Moderate Total Percent Point Arena 5 5 4 11 25 .5 Fort Bragg 99 86 77 189 451 9.3 Willits 47 41 37 90 215 4.5 Ukiah 170 146 131 324 771 15.9 Unincorporated Area- County 744 643 575 1,421 3,383 69.8 TOTALS 1,065 921 824 2,035 4,845 100.0 The comments and observations form HCD staff regarding Table 2 are summarized as follows: The constraint and restrictions on residential development identified in each of the local jurisdiction evaluation papers (Appendix B) should be expanded to include potential ways that constraints can be overcome or mitigated. While water availability and lack of vacant land are constraints not easily mitigated, HCD staff felt that zoning and other actions that would promote infill development could be used to address some constraints. It was also suggested that long range mitigation actions be identified for the more serious constraints to development of an adequate housing supply. HCD staff questioned the use of the 1991 housing allocation distribution formula as the guide for the 2002 housing need allocation. The use of the low estimate, as provided by HCD to MCOG, was not disputed. In particular, HCD staff was concerned about the continuation of allocating 70% of housing need to the unincorporated area of the region, while the bulk of the infrastructure to serve future housing was in the incorporated jurisdictions. It was pointed out that in the 2000 Census, approximately 68% of the population lived in the unincorporated area, which matched fairly well with the 70% of housing need. The underlying issue is that the allocation of housing based on the assumptions in Table 2 will require expansion of infrastructure beyond a level that can be supported. I Mendocino Council of Govermnents - 5 - August 2002 Regional Housing Needs Plan DR,,IFT Determination of Final Housing Allocation MCOG staff looked at several alternative approaches that could serve as a guide for the 2008 housing needs allocation process. The distribution of 1990 housing/dwelling units was the basis for the allocation shown in Table 3. The dwelling units in each jurisdiction were totaled and the resulting percemage applied to the 2008 low estimate by HCD for the region. The results are shown below in Table 3. Table 3 Trial Allocation By 1990 Dwelling Units Above Income Group: Very Low Low Moderate Moderate Total Percent Point Arena 6 5 5 12 28 .6 Fort Bragg 83 72 64 159 378 7.8 Willits 62 53 48 118 281 5.8 Ukiah 184 160 142 352 838 17.3 Unincorporated 729 630 564 1,392 3,315 68.5 Area - County TOTALS 1,064 920 823 2,033 4,840 100.0 Another alternative explored was to look at the distribution of the increases in dwelling units for each jurisdiction from 1990 to 2000, based on data from the census counts for both years. The increases were totaled and a percentage calculated, then applied to the HCD low estimate totals for the region. The results of this process are shown below in Table 4. Mendocino Council of Governments - 7 - August 2002 Regional Housing Needs Plan DRAFT Table 4 Trial Allocation by Increase from 1990 Census to 2000 Census Income Group: Very Low Low Moderate Above Moderate Total Percent Point Arena 7 6 6 14 33 .7 Fo~ Bragg 136 118 105 260 619 12.8 Willits 15 13 12 28 68 1.4 Ukiah 101 87 78 193 459 9.5 Unincorporated Area - County 806 696 623 1,538 3,663 75.6 TOTALS 1,065 920 824 2,033 4,842 100.0 The next alternative considered was based on the 2000 Census count of dwelling units for each jurisdiction. The cumulative units for each jurisdiction were totaled, then a percentage was calculated and applied to the HCD low estimate for the region. The results are shown in Table 5. Table 5 Trial Allocation by 2000 Census Dwelling Units Income Group' Very Low Low Moderate Above Total Percent Moderate Point Arena 6 6 5 12 29 .6 Fort Bragg 88 76 68 169 401 8.3 Willits 58 50 44 110 262 5.4 Ukiah 177 153 137 338 805 16.6 Unincorporated Area - County 736 636 569 1,407 3,348 69.1 TOTALS 1,065 921 823 2,036 4,845 100.0 Mendocino Council of Governments - 8 - August 2002 Regional Housing Needs Plan DRAFF Table 7 Mendocino County Draft Regional Housing Needs Plan (RHNP) 2001-2008 Housing Unit Allocation MCOG Staff Recommendation as of 7112/02 In consultation with RHNP Technical Advisory Committee Above Income Group: Very Low Low Moderate Moderate Total Percent Po~tArena 8 7 6 15 36 .75 Fort Bragg 85 74 66 163 388 8.00 Willits 96 83 74 183 436 9.00 Ukiah 131 113 101 249 594 12.25 Unincorporated 746 644 577 1,424 3,391 70.00 Area- County TOTALS 1,066 921 824 2,034 4,845 100.0 These numbers, when accepted by the Housing and Community Development Department of the State of California, will become the targets for the preparation of the revised Housing Elements of each local jurisdiction. Subsequent public review and comment periods are required before HCD acts on the plan, which is due December 31, 2002. I Mendocino Council of Governments - I0 - August 2002 Appendices A B C D Notification from Housing and Community Development Department (HCD) Member Jurisdictions' Statements of Constraints to Housing Development Mendocino County 2000 Census Data "California's Changing Population," by Hans Johnson, Public Policy Institute of California HCD's "Methodology for Projection of Reqional Housinq Need for 1/2001 to 7~2008" HCD's "Calculations for Determination of"Low" Reqional Housinq Need for Mendocino County for January 2001 to July 2008" ETATE OF CALIFORNIA -BUSINF~RS. TRANSPORTATION. AND HOUSING AGFNCY GRAY DAVIS. Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Development .' .......... ,8oo ,ds e,.sui, 43o RECEIYED J/ tq 1 P. O. Box 952053 Sacramento. CA 94252-2053 http://www.hcd.ca.gov (916) 323-3176 / FAX: (916)327-2643 Appendix A 2002 Mendocino RHNP January 8, 2002 Mr. Phillip J. Dow, Executive Secretary Mendocino Council of Governments 367 N. State St. #206 Ukiah, California 95482 Dear Mr. Dow: RE: Regional Housing Needs Determination As you know, Government Code Section 65584 requires the Department of Housing and Community Development (HCD) to provide its determination of the county or region's share of the State's existing and projected housing needs to the Mendocino Council of Governments. We have conducted outreach on the process and consulted with you or representatives from your organization to implement this process since late August of last year. This letter transmits HCD's determination of minimum need for preparing a new Regional Housing Needs Plan (RHNP) for use in updating the housing elements of each general plan within the county or counties (see Attachment I). Purpose of Regional Housing Need Determination -- The RHNP is to provide projected housing need planning data, including the regional housing needs determination, for use by all jurisdictions within the county (or counties) for housing element updates. As a result of legislation enacted within the last year (Chapter 85, Statutes of 2001), housing elements within your county or region are to be updated by December 31, 2003; the final RHNP is to be available by December 31, 2002. Each housing element must demonstrate sites for residential development capacity at least equivalent to the projected housing need identified in the RHNP at development standards accommodating a variety of types of housing for all income levels. The allocation covers the period from January 1, 2001 through the end of the next housing element planning cycle (June 2008). At the time of preparation of each of their individual housing elements, jurisdictions may reduce their allocation by net units developed during the interim period (i.e., January 1, 2001 until the date of housing element preparation). The income group distribution of the housing construction need is provided to accommodate the statutory provisions for housing elements to plan for a mix of housing types' serving all income levels. The State's critical need for increasing its housing supply is set forth in statute by the Legislature, and represented in the Statewide Housing Plan Update "Raising the Roof, California Housing Projections 1997 - 2020." Numerous other recent indicators of housing conditions, such as low Mr. Phillip J. Dow, Executive Secretary Page 2 vacancy rates representing tight housing markets, underscore the importance of increasing our housing supply. The State's population growth during this decade is projected to exceed that of the 1990s, as witnessed by the U.S. Census Bureau's recent estimate that California's growth since Census 2000 accounts for almost one-fifth of the growth in the country. The Mendocino Council of Governments plays an important role in working together with State and local government to address these critical housing needs. HCD Determination of Regional Housing Need -- Attachment I indicates the "Low" and "Middle" portions of a range of alternative projections of housing need for the county or counties. As described in the attachments, this range incorporates historical rates of household formation, e.g., 1990 vs. 2000. The "Middle" option is generally recommended for use in your RHNP. The "Low" alternative is presented in recognition of the difficulty in increasing housing capacity .in tight housing markets in the short term, and is our determination of the minimum housing need that must be planned for by jurisdictions in the county or counties within the planning period. The RHNP may include a regional housing need figure either between the two alternatives of Attachment I or exceeding the "Middle" alternative. The determination (attached) is the culmination of consultation between HCD and the Mendocino Council of Governments, consultation that began with an RHNA Orientation Workshop at UC Davis on September 7, 2001. The workshop included a presentation by Mary Heim of the Department of Finance's (DOF) Demographic Research Unit addressing population issues and the methodology used to estimate and project population and housing. As you know, we have reviewed a draft regional housing need with representatives from your organization, beginning in November. During these presentations and consultations, we distributed and reviewed the application of the regional housing needs in housing element updates and the methodology used in projecting housing needs; a copy of the calculations and methodology is included as Attachments 1II and IV. The alternatives on Attachment I may differ from the draft we discussed in November because of minor modifications we made based upon feedback we received during the consultation process. For example, we applied an alternative vacancy rate allowance in cases where the County's 2000 vacancy rates were lower than the capped rates initially used. It is important to keep in mind that the RHNP is not a forecast of residential building pernfit activity. The projected need may significantly exceed recent levels of residential building permit activity. As provided for in Government Code Section 65584, we have considered the relationship of the population forecasts used for transportation planning for your region that were made available to us for our determination. In the information made available to us, no inconsistency was identified at the county level between forecasts being used for transportation planning and those of the population projections produced by DOF for 2010. Mr. Phillip J. Dow, Executive Secretary Page 3 Development of the Regional Housing Needs Plan -- The workplan schedule for preparation of the RHNP by your COG is included in Attachment The Mendocino Council of Governments's allocation of the housing need among jurisdictions is to be determined by the Mendocino Council of Governments's planning process, and must consider the statutory factors of employment opportunities, commuting patterns, type and tenure of housing need, market demand, availability of suitable sites and public facilities, the loss of affordability of assisted housing units, and the housing needs of farrnworkers (these criteria are listed in Attachment 1I). In allocating the housing need among jurisdictions, entities should be aware that it may be necessary for jurisdictions to rezone additional residential development capacity to accommodate their allocation of the regional need.* Where applicable, a list of HUD- assisted units is included as Attachment VI for consideration of the loss of affordability issue. Each RHNP is to allocate the housing need among the member jurisdictions, reducing the concentration of lower-income households from jurisdictions that have disproportionately high proportions of lower-income households. We will forward additional technical assistance information on calculation of income distributions for your jurisdictions. Note that planning for farmworker housing needs is a topic where housing elements are required to include more specific information on these needs than in the past. HCD will forward a farmworker data summary to you in February. In the meantime, you can access data on the farmworker population in your county or counties from the following website: http://mi gration.ucdavi s.edu/rmn/rural data/housing/housing.html If Mendocino Council of Governmentsdesires flexibility other than the ability to redistribute housing need allocations among jurisdictions in response to local government requests for revisions in the allowed 90-day period, the Draft RHNP should begin with a regional allocation exceeding the "Low" alternative of Attachment I. The amount, as well as the income distribution, of the aggregate regional need must be maintained at not less than the "Low" total for the Final RHNP. If there is potential for incorporation of new cities or for annexations to occur within the planning period that would affect the allocations among jurisdictions, we encourage inclusion of a provision within the RHNP that would govern any allocation transfers. Such a policy should incorporate criteria consistent with LAFCO policies, and involve a LAFCO representative from your county. An example of such an optional policy is included as Attachment V; this can be modified as desired to accommodate concerns particular to circumstances in your county during the planning time frame. Absent such approved policies within the RHNP, any proposed allocation transfers during the planning period would be restricted to the provisions of Government Code Section 65584(c)(5). Attorney General Opinion, 87-206, September 29, 1987 Attachment I Regional Housing Need Determination January 2001 -July 2008 for Mendocino County BY Income Distribution Housing Units % Low* Middle Very Low 22% 1,066 1,345 Low 19% 921 1,162 Moderate 17% 824 1,039 Above Moderate 42% 2,035 2,568 Total 100% 4,845 6,114 * Minimum allocation for Regional Housing Needs Plan. See Attachments II! and IV for calculations and methodology. Attach ment II Workplan Outline for COGs Preparing Rcgional Housing Need Allocation (RHNA) Plans Due by 12/31/02 January - February 2002 or before, following receipt of HCD determination of regional housina need for the COG COG decides' A. Representatives tO be involved in preparation of the RHNA Plan & Process to be Used (e.g. RHNA Committee or Technical Advisory Body). B. What methodology to use for allocating the regional housing need among jurisdictions within the county, and for reducing the concentration of lower income households where they are disproportionately high: . Consider the following factors in particular: a) Market demand for housing, b) Employment opportunities, c) Availability of suitable sites and public facilities d) Commuting patterns, e) Type and tenure of housing need (measures of existing need re: overpayment & overcrowding), f) The comparative income distributions among jurisdictions within the county (e.g., relative to the county average)* g) Loss of units contained in assisted housing developments and housing needs of farmworkers . Criteria that have been used by others to incorporate these considerations include: a) Relative shares of recent population growth among jurisdictions, b) Relative shares of recent housing growth among jurisdictions, c) Relative shares of recent or projected employment growth among jurisdictions, d) Relative proportions of developable land, e) Commute distances to major employment centers, f) Community plan boundaries, g) "CHAS" data on overpayment and overcrowding used in Consolidated Plans (available from HCD for jurisdictions 25K+) and, h) Incidence of HUD or Rural Housing developments subject to termination of Sec. 8 contracts or mortgage prepayment o A, llocation to jurisdictions is not to be limited by growth controls on residential permits or lots (per Government. Code 65584(d)(1)). C. Whether incorporations or annexations are likely to occur or be necessary within the planning period. If so, confer with LAFCO regarding prospective service area and review of sphere of influence areas, and then incorporate relevant considerations in RHNA policies. The RHNA plan should specify whether and how any part of the Need shall transfer when land is annexed or incorporated. G:XHPD\RHN^_2001 CycleXHCD Determination Correspondence\COG Schedule.doc . . D. Define criteria under which a jurisdiction can appeal the dr~fi allocations (e.g., geological and topographic restraints on the production of housing, appropriate planning methodology constraints such as, available, comparable data). _Optional step: Approximately March 15, 2002 or before Preliminary Draft RHNA methodology may be circulated for comment among members. Approximately May 15, 2002 or before COG authorizes release of Draft Plan for colnment & forwards to HCD for review. HCD comment period is 30 days; members have 90 days to request revisions. Approximately August 14, 2002 or before End of 90-day appeal period on Draft Plan. 5. Within 60 days of step 6. (e.g., October 12, 2002). COG acts on any proposed revisions by member jurisdictions, accepting, modifying, or rejecting. Regional allocation must be maintained. Appeal period starts for jurisdictions affected by COG decision. 7. Within 30 days of steep. #7. (e.g., November 10, 2002} Last day for jurisdiction to appeal CO(] decision of Step #5. Within 30 days of sLep. #8 (c.c., December 1,2002) COG holds public hearing on any appeals received per step #6. 9. By December 31, 2002 Final RHNA plan made available and forwarded to HCD. HCD has authority pursuant to Government Code Section 65584 (a) to revise the COG's RHNA plan if necessary to maintain consistency with the statewide housing need. * The most currem income distribution data currently available for all jurisdictions is that of the 1990 Census; income data from the 2000 Census is scheduled to be available by mid-2002 from the US Census Bureau. HCD will notify COGs when this information becomes available for incorporation in the RHNA plan if feasible within the process timeframe. G :~IPDXRHN A_200 i CycI¢\HCD Determination CorrespondenceXCOG Schedule.doc CITY OF UKIAH Appendix B 2002 Mendocino RHNP BASIC CONSTRAINTS TO HOUSING DEVELOPMENT March 2002 1. LAND AVAILABILITY .The limited residential development activity in the City of Ukiah is primarily due to a lack of available vacant land. The 1998 Housing Element Status Report prepared by the City Planning Department revealed approximately 10 acres of suitable residentially zoned vacant land in the City limits. This presents a significant constraint to developing any type of housing in the City. In an effort to begin addressing this problem, the City amended its Zoning Ordinance to allow or permit medium and high density residential housing in the City's commercial zoning districts, and is considering the possibility of charging lower fees for affordable housing projects. While there is an obvious shortage of vacant land, there is a considerable amount of land developed with very old buildings in disrepair. These properties offer opportunities for infill medium and high-density residential housing projects. However, it will take the desire and energy of the property owners, a continued favorable market, and the resolution of infrastructure constraints to pursue affordable housing projects on these properties. Based on the expected steady increase in population, the "shortage" of single-family residential housing and rental apartments, and the continued success of the agricultural industry (increased employment opportunities), it is anticipated that the need for new housing starts will become greater in the near future. In response, the City is gearing up to revise its General Plan Housing Element, and envisions developing an innovation approach to creating opportunities for housing in our community. 2. INFRASTRUCTURE DIFFICIENCES The three primary constraints to residential development within the City are drainage, traffic, and water availability. Drainage: One of the primary infrastructure constraints to infill housing development is drainage. There are key components of the City's drainage facilities that are antiquated and in need of repair and/or replacement. For example, a recent small apartment complex was proposed on vacant land in the south-central portion of the City. A drainage swale traversed the property, which the property owner proposed to fill and build over. Field review of the site revealed that the "swale" was an extremely important unimproved drainage "facility" that could not simply be filled, because to do so would cause flooding of surrounding properties. A detailed drainage study was required for the project, and expensive improvements resulted. While the project continued, the process was time consuming and expensive, which jeopardized the viability of this important affordable housing project. !n response to this and other situations which caused uncertainty and threatened the financial feasibility of projects, the City is preparing a comprehensive drainage study that will identify the problem areas, develop solutions, and target funding sources. Development assumptions in the Study will include an increase in infill housing and mixed-use development. It will focus on the known problem areas and the remaining vacant land. Following adoption of the study, the Public Works Capital Improvement Program will be modified to incorporate the upgrading of key drainage facilities. Funds for this Study have already been budgeted, and it is anticipated that it will be completed dudng 2002. Traffic: Ukiah is the county seat for Mendocino County, and as expected, it has been the focus of urban development. Traffic congestion has increased over the past several years as development within the City has increased. While the population has not risen substantially, peak hour traffic and intersection delays have noticeably increased. This worsening congestion has resulted in decreased levels of service on important streets and intersections, and has impacted proposed affordable housing projects. For example, a 64-unit affordable apartment housing development was proposed at an intersection that was operating at the worst level of service (LOS F). The development would worsen the condition, and the City General Plan disallows new develop that would result in streets and intersections operating at an unacceptable level. The needed improvements involved three new traffic signals, which are very expensive, and if required for the development, would make the project infeasible. Fortunately, the applicants secured an alternative access that would reduce the traffic related impacts. They also agreed to contribute their fair share to any future improvements in the area. The trend of increased traffic regardless of a generally slow population growth rate is disconcerting to the City. In response, a number of effods are being made to manage traffic and improve pedestrian/bicycle safety. The City is undertaking a City-wide Traffic and Circulation Study to identify and quantify the problem areas, develop solutions, and prepare alternative financing strategies. Water Availability: Water availability for any development in the Ukiah Valley is a complex and controversial topic. While it may or may not be a significant constraint to future housing development in the City, we are regarding as a constraint given the complexities of the water issues in the Ukiah Valley, and the potential lengthy time period for the,issues to b§ successfully resolved. 3. THE EFFECTS OF CONSTRAINTS ON HOUSING DEVELOPMENT Housing Development Activity: The 1995 General Plan Housing Element indicated that the City's fair share of regional housing was 156 dwelling units per year (44 very Iow income; 22 Iow income; 28 moderate income; and 62 above moderate income). This amounts to 780 units for the five-year pedod between 1995 and 2000. During that time frame, the actual number of total dwelling units constructed was less than 100. During 2001, the City received planning and development permit applications to construct 88 residential apartment units. Of these, 64 were for affordable apartment units, and 24 were for market priced apartment units. 16 of the market priced units have been constructed, and building permits have been issued for the other 8. The Ukiah Planning Commission recently approved a 64-unit affordable apartment unit project after a lengthy review process that required substantial efforts by the developers and Staff to resolve infili neighborhood and infrastructure issues. It is expected that the Building Permit for this project will be issued during 2002. Also during 2001, the City received 9 Building Permit applications to construct "sweat equity" affordable single-family residential units, and 6 applications for market rate detached single-family homes. All of these housing units are completed or under construction. In total, these 33 completed or under construction units fall short of the General Plan Housing Element target of 155 units per year to meet housing needs and satisfy the City's "fair share" allocation. Subject: Date: Wed, 3 Apr 2002 09:13:48 -0800 From: "Chris Erickson" <chrise~willitscity.com> To: "Laurence N. Wright" <lnwright~saber.net> Hello Larry, I am forwarding a list of factors that act to limit housing opportunities in the City of Willits as follows: 1. Although sewer capacity is not limiting at this point in time, the City is under a mandate from the RWQCB to correct several deficiencies. The City is preparing an EIR for a major upgrade of its sewage treatment plant, however, litigation from a group called "River Watch" may affect the timing of that project. 2. There is a potential for water supply limitations due to regulation of stream flows and releases for the City's reservoirs by the DF&G. The City is presently initiating a water capacity study to determine just what limitations we may be facing. 3. There is a limited amount of residentially-zoned land within the City. 4. Much of the flat land on the valley floor is located within flood hazard areas or has significant drainage problems. 5. The Alquist-Priolo Earthquake Fault Zone bisects the City including the only large (40+ acres) residential property causing increased development costs related to fault activity and slope instability. 6. Access to that large residential property is significantly constrained, limited to a single access route being Sherwood Road, a narrow, winding road that poses serious traffic concerns. There are the major constraint to any large-scale residential development in the City of Willits. Are we still scheduled to meet at 10:30 a.m. on April 8th? I look forward to seeing you then. Alan Falleri Community Development Director 04/04/2002 8:4 CITY OF FORT BRAGG Factors Influencing Production of Housing April 2002 The City requests that the Fair Share Allocation of Regional Housing Needs be based on the "low estimates" provided by HCD. We believe these accurately reflect the potential for new housing development in our community. Housing production in Fort Bragg is presently constrained by the following factors: 1. The City is currently under a State Department of Health Services (DHS)- imposed moratorium on new water connections due to inadequacies in the municipal water supply. DHS has approved a '~Nater retrofit program" whereby new development may connect to the City's water system if water conservation measures are implemented elsewhere in the City to ensure that there is no net increase in water demand. This program has been in place for nearly a decade, and the number of potential "water retrofits" is dwindling. The City is pursuing several alternatives for new water source development, but until such capital improvements are completed, the lack of water to serve new development serves as a major constraint to new housing development. 2. Approximately 1/3 of the City is located in the coastal zone and is subject to the prioritization of land uses legislated in the Coastal Act. Coastal- dependent uses and visitor-serving uses are given the highest priority in the coastal zone, while residential uses are assigned the lowest priority. 3. The City of Fort Bragg is located in a remote coastal area and is accessible only by treacherous two-lane roads. Its relative inaccessibility has resulted in a slow rate of growth for both housing and economic development. 4. The backbone of Fort Bragg's economy was rooted in the timber and fishing industries. Over the past 10 years, both of these industries have experienced serious declines. The Georgia-Pacific timber mill, once the largest employer in the City, has been shut down for most of the past year. Most commercial fishing operations have left town as well. While the decline in the resource-extraction industries has been offset partially by an increase in tourism-related employment, the economy of Fort Bragg continues to suffer. 5. The City has a limited amount of vacant residentially-zoned property and, until the water supply issues are resolved, there is little potential for annexation of lands within the Sphere of Influence for residential development. MENDOCINO COUNTY BASIC CONSTRAINTS TO HOUSING DEVELOPMENT May 2002 1. LAND AVAILABILITY The adopted Housing Element (1993) found that while adequate land area to meet the projected housing need exists in the unincorporated County, environmental, infrastructure and service constraints hamper the ability to develop residential projects, particularly at medium to high densities. It is anticipated that these factors continue to affect housing development. In addition, development of lands proposed or zoned for residential use in several key locations has not occurred because the land owners have elected to retain or establish agricultural uses. For example, a specific plan to supply 800 to 1000 units on the Ukiah urban fringe was not completed and much of the land was placed in a Williamson Act contract. The County initiated a comprehensive General Plan Update in 2001 including revision of the Housing Element. The County's land use policies and inventory of residential sites will be reviewed through this process. In 2000, the County applied for a State Downtown Rebound Planning Grant to identify sites for rezoning for medium to high residential density development. The application was not funded and due to a lack of information necessary to supply the level of detail requested by the State and other commitments an application was not subsequently filed. 2. INFRASTRUCTURE DEFICIENCIES The lack of water, sewer, circulation, and other infrastructure constrains residential development at medium to high densities. Water and Sewer. In general, housing subsidy programs as well as densities exceeding one unit per 40,000 square feet require public water and sewer. In the unincorporated County these services are exclusively supplied by districts or private water purveyors with their own governing bodies. Therefore, while the County may support funding applications for district projects, the County has no direct control over the affairs of these entities. In many parts of the unincorporated County, public water or sewer services are nonexistent, or are constrained by system deficiencies or water rights issues which negatively affect service to new or expanded development. Many of the smaller communities, such as those in Anderson Valley, lack one or both services. Water rights issues currently affect new water services in the Ukiah Valley/Redwood Valley/ltopland areas, encompassing the largest urban population. The complexities of water issues and the lengthy time period for resolution impede housing starts in Ukiah Valley and Redwood Valley. The unincorporated areas adjacent to the cities of Fort Bragg and Willits rely on the extension of city services which are affected by city and LAFCo policies governing out of jurisdiction service in addition to system limitations. While the Brooktrails subdivision west of Willits has an abundance of vacant lots, including lots zoned for multifamily development, distance from employment centers and services coupled with high site development costs haml~er multifamily development. As part of the Housing Element update, the County will critically assess the relationship of zoning and water and sewer capabilities. Circulation. Deficiencies in localized or areawide infrastructure are major impediments to housing development, particularly large scale projects. Increased congestion at key intersections, inadequate infrastructure in the outlying areas to support increased traffic, the need for costly and time consuming permitting studies and improvements, and the lack of financing mechanisms to equitably distribute costs also affect the ability to develop. Areawide circulation, level of service or safety problems associated with major roadways such as Redemeyer Road and East Side Calpella Road constrain development in the eastern Ukiah Valley. Lack of connectivity (i.e., Brush Street area), unacceptable level of service, or need for road widening at intersections or road segments within and around the city (such as North State Street) affect development potential adjacent to Ukiah. In the Coastal Zone, level of service issues on Highway 1 especially in suburban areas with water or sewer services, lack of funding, and Coastal Act policies directing that Highway 1 should remain a two lane road impede development. The difficulty of implementing financing mechanisms to fund improvements is highlighted by the rejection of traffic impact fees for the Gualala community. 3. PERMITTING ISSUES Local governments play a role in reducing land use permitting constraints such as zoning adequate sites to accommodate new development. However local government is bound by state and federal mandates goveming basic environmental, health and safety requirements. Requirements to mitigate environmental, service and infrastructure impacts result in the imposition of studies and improvements by the County. In the Coastal Zone, development is further restricted by Coastal Act requirements. The Housing Element update will provide a forum for reviewing the availability of sites with land use designations that facilitate the provision of housing. 4. OTHER CONSTRAINTS The adopted Housing Element outlines other market and nongovernmental constraints that may play a greater influence on housing production than those within the control of the County. For example, over the past 10 years, there has been a lack of large scale development proposals. Instead, housing proposals throughout the County have been largely limited to minor subdivisions and owner built houses or mobilehomes. The cost of land, housing assistance funding and requirements, tax incentives, interest rates, and other factors play a significant role in the development of housing. As a case in point, many of the apartment complexes in the Ukiah area were constructed in the 1970's due to the attractiveness of funding programs in effect at that time. 5. COMPLIANCE WITH REGIONAL FAIR SHARE NEEDS The adopted General Plan Housing Element indicated that the County's fair share of regional housing from January 1, 1990 and July 1, 1997 was 3,397 new dwelling units, or 452 units per year. The adjusted figures in the Housing Element, including new construction need, demolitions and replacement need, was 2,953 units between January 1992 and July 1997, or 537 units per year (161 very low income; 94 low income; 115 moderate income; and 167 above moderate income). An estimated net increase of 1280 new units were permitted (taking demolitions into account) between January 1997 and December 2001, or 256 per year, well below the County's regional "fair share" allocation .~ Multi-family units made up only three percent of the total number of new residential permits issued. The Building Division estimates that 20-30 percent of permitted units are not built. Appendix C MENDOCINO COUNTY 2002 Mendocino RHNP .POPULATION CHANGES BETWEEN THE 1990 AND 2000 CENSUS AREA 1990 ~-2000 PERCENT OF Mendocino County Unincorporated Incorporated City of Fort Bragg Town of Mendocino City of Point Arena City of Ukiah City of Willits . Covelo CCD Fort Bragg CCD Hopland CCD Laytonville-Leggett CCD POPULATION 80,345 54,234 26,111 6,078 4O7 14,599 5,027 2,066 11,135 -- 1,794 Mendocino-Anderson CCD Point Arena CCD Redwood-Potter CCD 1 Ukiah CCD Willits CCD Census Tract 101 Census Tract 102 Censue Tract 103 Census Tract 104 Census Tract 105 Census Tract 106 Census Tract 107 3,995 9,742 3,388 0,674 24,773 12,778 POPULATION 86,265 58,195 28,070 · 7,026 824 15,497 5,073 2,374 11 2,234 4. 10, 3,922 11,6 26,546 13, 2,066 2,374 3,995 4 4,054 3,237 3,844 6,125 6,198 Census Tract 108 7,617 Census Tract 108.01 Census Tract 108.02 Census Tract 109 Census Tract 110 Census Tract 111 Census Tract 112 Census Tract 113 Census Tract 114 Census Tract 115 Census Tract 116 Census Tract 117 3,512 7,105 3,388 2,637 5,381 4,265 6,539 4,681 3,907 GROWTH 7.4% 7.3% 7.5°/ 15.6°/ 16.5% 6.2% 0.9% 14.9% 6.3%: 1,794 Census Tract 118 4 3,5 4., 6~ 6 5,871 1,891 3,8 7,22 3,922 3,164 5 4,21 6,7 5,340 4,222 2,234 24.5% 0.3o/0- -- 6.6% 15.8% 9.2% 7.2% 4.1% 14.9% 0.3% -0.8% 10.8% -- 10.1% 11.9% 4.O% 1.9% 10.9% 1.6% 15.8% 20.0% 11.0% -1.2% 3.9% 14.1o/ 8.1°/ · . 24.5°,4 Mendocino County 2000 Census Tracts Covelo BrlnlCOmb 0 " Doe RIo~ \, Laytonvllle 6 I i Fort 104 105 103 101 ----1 Tracts Men Lltt Highways Shoreline Poi 110 · ! I HWY 109 108.02 er Valley 108.01 o Redw Valley Calpella Mancheeter Uklah 113 114 112""-.. Philo 111 / 117 Talmage Hopland ! 118 '--- .. '.. Yorkville ,.o ~, Norlh I I t I 0 2 4 6 Mi. Fort Mar Lltt Tracfs ...... Highways Shoreline W Plercy~ '.~,/- '~ Leggelt .. x ..~ 101 ':'" 102 Mendocino County 1990 Census Tracts Covelo I · *, Doe Rlol ,.. Branecomb Laytonvllle (~ © 101 / 104 105 103 -. "-... 106 107 W illlti HWY 110 109 Calpella Uklah 1 13 ~ 112"':. Phil< . \. Boonvllle Mancheeter Potter Valley 108 © oRedwood Valley / 117 Hopland : 118 "--- .. '.. Yorkvllle ,.o -. · · ~NoHh 0 2 4 6 Uh 5 - 216 0.25 - 5 0.05 - 0.25 0.001 - 0.05 0 2000 POULATION Miles N 0 0 Appendix D 2002 Mendocino RHNP gL© 0 0 t~ i'n 0 ~- 0 II 0 0 0 0 I I I 0 0 o 0 -- ! I 0 0 0 imm mmmmm 0 0 0 0 0 0 0 0 0 0 0 0 Ii Ii 0 U) (/) 1,4 z I-- LU 0 > LU Z 0 n,'.~n :~z w .j z k- 0-J <l:: C:3 u.i z Z 0 ~. 0 0 0 ~. ~ LU 0 > z z ~z~~ ~ Z 0 ~ Z z >- Z <{: l- z ~: ~: w n,'o :::3 ~ ~- N :::3 N .~ .~ rn C3 n,, ~ -d ~ u3 ~ 0Lu Z Z 0 U3 ~ '~ o _ - <~ o ~ <[ >' 0 ~- ~ w _ >. z .j 0~' <[ C:3 .~ 'r' <1: 0 Z u) ~ 0 w ~ Z Z LU C'] >- Z n, <[ <[ o o <[ o <[ LU C: 0 0 0 0 LL! LIJ LLI 0 "--o 0 d 0 0 0 0 ~.. 0 LLI L~ 0 LL! 0 II iii~t II 0 0 W 0 II II i II II II o~o "0 > 0 0 0 0 0 0 0 0 Z~O~ 6EOZ: §~0~ Z[O~ ~tOZ 600~ §OOZ I. OOZ Z661, $661, o~ ~ 0 , n~ 0 (1) ~) 0 0 Z I I I ! I ! I I I I I I I I I I I I I I I I ! / 0 0 ~ .-0 0 0 0 0 0 0 0 0 0 0 0 I 1 Imm 0 B~ B~ 0 0 · . ., . .*'l*' i.%' ... ! ,j · 0 0 '-- 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0~_ 03 ~0 I'-- (D ir) ,~ (~3 04 ~- (J o o o o o o o o o o o o o o o o o 0 0 I I I I I 0 r-. o (u I I I I mm 0 ~ I I I I I m{mmm ~: 0 (1) 0 ~ o · (D _ (D Stoll, Michael. 1999b. "Spatial Mismatch, Discrimination, and Male Youth Employment in the Washington, D.C. Area: Implications for Residential Mobility Policies." Journal of Policy Analysis and Management. 18 (1): 77-98. Stoll, Michael. 1998. "When Jobs Move, Do Black and Latino Men Lose? The Effect of Growth in Job Decentralization on the Jobless Incidence and Duration of Young Male Adults." Urban Studies. 35 (12): 2221-2239. Taylor Brian D. and Paul M. Ong. 1995. "Spatial Mismatch or Automobile Mismatch? An Examination of Race, Residence and Commuting in US Metropolitan Areas." Urban Studies. 32(9): 1435-1473. U.S. Immigration and Naturalization Service. 1997. Statistical Yearbook of the Immigration and Naturalization Service, 1995. U.S. Government Printing Office: Washington, D.C. Wachs, Martin and Brian D. Taylor. 1998. "Can Transportation Strategies Help Meet the Welfare Challenge?" Journal of the American Planning Association. 64(1): 15- 19. Wachs, Martin. 1979. Transportation and the Elderly. Berkeley, CA: University of California Press. Wachs, Martin. 1992. "Men, Women and Urban Travel: The Persistence of Separate Spheres" Martin Wachs and Margaret Crawford (eds.), The Car and the City: The Automobile, The Built Environment and Daily Urban Life. (Ann Arbor, MI: University of Michigan Press). Waldinger, Roger. 1996. "Ethnicity and Opportunity in the Plural City." Pp. 445470 in Ethic Los Angeles, edited by R. Waldinger and M. Bozorgmehr. New York: Russell Sage. Willis, N. 1997. "Welfare to Work: Where Community and Transportation Advocates Meet." Progress: Surface Transportation Policy Project, 7: 5-6. Wilson, William Julius. 1987. The Truly Disadvantaged: The Inner-City, the Underclass and Public Policy. Chicago: University of Chicago Press. Wilson, William Julius. 1996. When Work Disappears: The World of the New Urban Poor. New York: 'Knopf. Yinger, John. 1995. Closed Doors, Opportunities Lost: The Continuing Cost of Housing Discrimination. New York: Russell Sage. 31 Table i Percent of Total Immigration Admitted by Metropolitan Area Of Intended Residence. 1984-1997 Year of LA New Chicago Houston Miami Total Total Arrival Metro* York (top 5 Cities) Immigration 1984 11.4 16.9 4.1 1.4 2.1 35.9 543.903 1985 12.8 3.9 3.9 1.3 2.4 24.3 570,009 1987 12.9 16.2 3.4 1.9 6.3 40.7 601516 1988 15.9 14.5 3.3 1.7 6.0 41.4 643,025 1989* 27.4 10.7 5.5 3.2 2.3 49.1 1,090.924 1990~ 28.7 10.7 4.8 3.8 2.5 50.4 1,536,483 1991 17.3 8.9 3.3 2.9 3.2 35.7 1,827,167 1992 16.9 13.1 3.8 2.8 3.3 39.9 973,977 1993 14.6 14.2 4.9 2.5 3.4 39.6 904,292 1994 11.5 15.5 5.0 2.2 3.6 37.8 804,416 '1995 10.1 15.5 4.4 2.0 4.3 36.3 720.461 1996 8.9 14.5 4.4 2.3 4.5 34.6 915.900 1997 10.1 13.5 4.4 2.2 5.7 35.9 796,378 Source- U.S. Immigration and Naturalization Service, Statistical Yearbook qfthe Immigration and Naturalization Service, 1996. U.S. Government Printing Office: Washington, DC. *LA Metro includes the Los Angeles-Long Beach SMSA and Orange County. *Part of what explains the large increase in immigration to Los Angeles in 3989 and 3990 is the large number of previously undocumented immigrants who became legalized through the Immigration Reform and Control Act of 1986. One of the act's provisions called for a general amnesty for those immigrants without documents who had been residing in the United States continuously prior to 1982. 32 Table 2 Immigration to Selected Cities, 1995, by Selected Country of Birth and Area (Metropolitan Statistical Area) of Intended Residence NY LA~ Chicago Miami All Countries (total) 111,687 54,669 3 1,730 30,935 25,717 Bangladesh 3,210 260 59 40 Canada 345 373 229 148 China(PR) 10,281 3,365 853 201 Columbia 2,168 297 156 1,726 Cuba 231 269 89 13,670 Dominican Republic 20,606 19 98 1,352 Equador 2,904 278 279 294 E1 Salvador 468 3,554 120 192 Germany 326 271 112 77 Guatemala 381 1,735 399 212 Guyana 4,912 53 10 81 Haiti 3,040 16 91 2,329 Hong Kong 1,113 972 166 64 India 3,638 1,363 2,823 143 Iran 279 2,401 146 55 Jamaica 6,087 123 249 1,352 Korea 1,420 2,914 547 30 Mexico 640 8,139 6,085 214 Nigeria 1,102 286 310 49 Pakistan 2,227 369 669 120 Peru 1,046 487 140 1,043 Philippines 2,816 6,924 2,519 480 Poland 2,539 165 4,942 35 Soviet Union 17,615 4,592 3,276 252 Taiwan 536 2,312 183 40 United Kingdom 799 693 276 152 Vietnam 313 2,573 487 16 Yugoslavia 1,135 255 1,115 17 Other 19,510 9,611 5,302 6,551 ~Re~rs to Los Angeles-Long Beach. 2Re~rs to Washin~on DC-MD-VA From: U.S. Immigration and Naturalization Service, Statistical Yearbook of the Immigration and Natural~ation Service, 1994, U.S. Government Printing Office: Washington, D.C., 1996. Tables 17 & 19. 326 187 820 254 62 298 134 2,158 172 360 220 167 150 1,383 701 508 962 316 724 799 670 1,211 69 968 298 398 1,888 113 9,401 33 Table 3 Estimated Illegal Immigrant Population from Top Ten Countries of Origin andTop Ten States of Residence: October 1996. Country of Origin Population State of Residence Population All Countries 5,000,000 All States 5,000,000 Mexico 2,700,000 California 2,000,000 E1 Salvador 335,000 Texas 700,000 Guatemala 165,000 New York 540,000 Canada 120,000 Florida 350,000 Haiti 105,000 Illinois 290,000 Philippines 95,000 New Jersey 135,000 Honduras 90,000 Arizona 115,000 Poland 70,000 Massachusetts gS,000 Nicaragua 70,000 Virginia 55,000 Bahamas 70,000 Washington 52,000 From: U.S. Immigration and Naturalization Service, Statistical Yearbook of the Immigration and Naturalization Service, 1995, U.S. Government Printing Office' Washington, D.C., 1997. Table P. Note: Total figures do not add to 5,000,000 because table only lists top ten countries and states. 34 Table 4 Poverty in Los Angeles County and the United States 1990 1993 1995 Los Angeles County Number of People in Poverty (all ages) 1,469,913 2,164,629 Percentage 16.7 23.8 2,057,499 22.7 Source: United States Bureau of the Census, Current Population Survey. Percentage in the United States 12.8 15.1 13.8 35 Attachment IV Methodology for Projection of Regional Housing Need for 1/2001 to 7/2008 Appendix E 2002 Mendocino RHNP Overview This determination of housing need uses predominantly a demographic method to project growth in the number of households to the end of the planning period (July 2008) for each county. Each county, or group of counties, constitutes a region for the purposes of this process. From the projected growth in the number of households (occupied housing units), the number of housing units needed is then calculated considering several factors. These calculations are included in Attachment III, and described below. The aggregate population projection for the counties between the baseline date and the end of the housing element planning period is used to determine each county's share of the statewide housing need. This share, whether prepared for a single county or for multi-county COGs, is known as the regional share of housing need. The baseline date is January 1,2001, the most recent date for which populations and housing estimates are available. This is the year in which HCD is to provide the determination to the COG or a county, using DOF estimates of population, households, and housing; the projection end point is the end of the relevant housing element planning period, July 2008. Thus, the projection of regional housing need is for 7.5 years. This need determination incorporates population and housing estimates from the E-5, City/County Population and Housing Estimates, 2000 and 2001, issued duly 2001 from the 'California Department of Finance's (DOF) Demographic Research Unit (the methodology for these estimates are found on the DOF website at: http://www.d0f, ca.gov/HTML/DEMOGRAP/E-5text2.htm ), and also incorporates DOF's projections for household populations, which excludes people living in group quarters. For a detailed explanation of this process, see the section below entitled "Methodology used for DOF Population Projections". Projected Household Growth Household growth typically comprises the largest component of projected housing need. Household growth is projected on the basis of the projected population growth from January 2001 to July 2008, to produce a range of three alternatives from low to high of the number of households projected to be needed. Projected household growth is calculated using headship rates for a given sex/age/ethnic group. The headship rate is the number of households headed by a person (the householder) in a given group divided by the number of all household occupants in that group, and is calculated based on the 1990 and 2000 censuses. The population is categorized into the following age and ethnic groups: under 18, 18 - 24, 25-34, 35-44, 45-54, 55-64, and 65+; and White, Hispanic, Black, and other. DOF's projected household calculations were adjusted by HCD .. consistent with Census 2000 population counts (US Census Bureau PL 94-171), in lieu of population adjustments for Census undercount. By applying different household formation rates from the 1990 and 2000 Censuses to the projected population growth in these sex, age, and ethnic categories, and by calculating the trendline of 1990 -2000, a range of projected housing need is calculated. For the low and middle points of this range, the housing need is determined and presented here as the Low and Middle alternatives. The term 'households' excludes group quarters. Consideration of Population Forecasts of Re~onal Transportation Planning HCD solicited the most current population forecasts included in Regional Transportation Plans (RTPs), which are required to be prepared by MPOs or RTPA pursuant to California Government Code Section 14522, as described in "Regional Transportation Guidelines," California Transportation Commission, 12/9/99. In some cases, these have been in draft form, pending adoption within the near future. State law requires by September 2001 by each Regional Transportation Planning Agency (RTPA) to adopt and update their Regional Transportation Plan (RTP) for review by the California Transportation Commission and the Department of Transportation (Caltrans), followed by updated every three years in urban regions and every four years in non-urban regions (Government Code Section 65080c). HCD consulted with the COG or RTPA, reviewing the population forecasts for the RTPs, including whether a forecast was available or applicable to the planning period, and has been updated since Census 2000 or otherwise based on current data, and where applicable, converted it to data comparable in timeframe relative to the RHNA planning period (e.g., 2010 forecast to 2008). Differential population projections within a consistent or viable range are accommodated within a range of alternative housing need figures provided to the COG or county. Calculating Housin~ Units Needed For the number of households projected by DOF for 7/2008, the housing units of permanent stock needed to serve those households was computed. The housing stock providing such housing units is shaped by two factors: vacant units allowing households either to form or to move; and, loss of units due to disaster, conversion, and deterioration. This determination develops the number of vacant units required to serve the household population; this 'vacancy allowance' is calculated separately for owners and for renters, applying the homeowner and renter rates from Census 2000. Next, the number of units that can be expected to be lost is calculated; these units must be replaced or the housing stock will be too small to accommodate the projected households. Finally, since the housing need may include units on tribal lands that are not govemed by this planning process, the regional housing need is reduced by that proportion that has been provided historically on tribal lands. To calculate the number of vacant units needed for the future functioning of the region's housing market, the vacancy allowance for owners and renters is considered separately. The share of households that is owner-occupied is assumed to remain constant throughout the planning period. The renter share complements the owner share such that the two add to the projected households. The rate of vacancy that determines the vacanCy allowance for either owners or renters was taken from the approximate median of the U.S. Censuses of 2000 for the affected counties: the median rates for counties in this statutory round is 2% for owners and 6% for renters. When a county's rate exceeds the median, the median is used; otherwise, the lower-than-median rate is used. The vacancy allowance equals the number of units that, when added to the number of owner and renter households, will yield the vacancy rate figured above. Next steps involve calculating the additional permanent stock needed and the likely loss of units from existing stock. Permanent stock for any year is the sum of the units occupied by owners and renters plus the vacant units that will serve owners and renters but not recreational nor seasonal users. The difference between the 7/2008 permanent stock and the existing 1/2001 stock establishes some of the 'additional' units that will need to be accommodated. Because housing stock is subject to destruction, conversion and deterioration, a loss of housing units is expected for each year of the planning period. That loss is calculated using'the historically-established factor of.002/year. Applied to the planning period's average permanent stock, the removal or loss factor indicates how many units must be replaced for there to be adequate stock. These replacement units are added to the additional units needed unless replacements exceed 25% of the additional units; if so, then replacements units are capped at that 25%, in accordance with Government Code Section 65583.1. c. 1. of Housing Element Law. These calculations thus far include housing units, if any in the county, on tribal lands that are not governed by this planning process. Thus, once the additional units and replacement units are added together, their total was reduced by the share of the housing stock that has been provided historically on tribal lands. The sum of these components produces the regional housing need for that Low or Middle housing unit need projection. Methodology used for DOF Population Proiections The methodology for the projections is excerpted here from the following sources: a5 State of California, Department of Finance, Interim County Population Projections. Sacramento, California, June 2001. Methodology Description: These interim population projections are an update of the baseline population projections produced by the Department of Finance in 1998. The State population was projected using a component method based on the population balancing equation: P(t)=P(1)+B-D+NM Where P(t) is the projected population; P(1) is the beginning population; B is births; D is deaths; and NM is net migration. Net migration can be broken down further as: NM=FNI+DNM Where FNI is foreign net immigration and DNM is domestic net migration. The county distributions of the State population are based on the 1998 baseline population projection series adjusted for estimated differences in the county distribution as of the July 2000 estimates. The July 2000 estimates are from the Demographic Research Unit's E-2 County Population Estimates and Components of Change, 1999-2000, with Historical Estimates, 1990-1999. The projections have been updated to reflect 2000 census counts; they have been altered by a factor that is an average of the numeric and percent difference between the 2000 estimate and the 2000 projection, then controlled to independently projected state totals. b) State of California, Department of Finance, County Population Projections with Age, Sex and Race/Ethnic Detail. Sacramento, California, December 1998. The population projections were prepared under the mandate of Government Code, Sections 13073 and 13073.5." Technical Notes. describing methodology: The Department of Finance uses a baseline cohort-component method to project population by gender, race/ethnicity and age. For the purposes of this projection, the five race/ethnic categories are mutually exclusive. A baseline projection assumes people have the right to migrate where they choose and no major natural catastrophes or war will befall the state or the nation. A cohort-component method traces people born in a given year through their lives. As each year passes, cohorts change due to the mortality and migration assumptions. New cohorts are formed by applying the fertility assumptions to the women of childbearing age. ~Special Populations The primary sources of special populations are prisons, colleges, and military ins'tallations. Special populations display very different demographic characteristics and behavior. In counties where special populations represented a significant proportion of the total population, they.were removed from the base and projected separately. For prison and military populations, the determination was made based on an examination of sex ratios and, to a lesser extent, the age structure. College adjustments were based on an examination of age structure. Forecasts from the Department of Corrections were used to determine the timing and capacity of new facilities. Information from individual military bases as well as the Pentagon was used to project the population effects of base closures and realignments. In most other instances, the special populations were held at the 1990 level. Survival, Fertility and Migration Proportions Life tables were developed using deaths from the Department of Health Services by gender, race/ethnicity and age for 1970, 1980, and 1990. Age-specific, general, and period fertility rates were developed by race/ethnicity and by county for 1970, 1980, and 1990. Births to women under 15 and over 44 were added to the births of the youngest and oldest age groups when computing the fertility rates. For instance, a birth to a 46-year-old woman would be included in the calculation of the 40-44 age-specific fertility rate. Migration proportions were developed for the two decades between 1970 and 1990 by a survived population method. The 1970 population was aged forward in time to 1980 by adding recorded births to form new cohorts and subtracting deaths from existing cohorts. The survived population was compared to the 1980 population and differences were assumed to be migration. The ten-year migration was annualized and divided by the total to derive a proportion. The same process was used for the period 1980 to 1990. The migration proportions for the two decades were then averaged and smoothed using a five-year moving average. Assumptions Base Population: As the benchmark (or starting population), the Department of Finance has used the 1990 CensUs counts as modified by the Bureau of the Census for known misreporting. These counts represent a modification to the age distribution of the census count and not an adjustment for undercount to the total. This is consistent with the population which is being used by the Census Bureau for current estimates as well as the national projections. The census population was moved forward from April 1 to mid-year. The Department of Finance further refines this base population for special populations as discussed earlier. Fertility: Between 1950 and 1980, the fertility rates of California and the nation did merge; however, a sharp divergence began during the 1980s. While the nation's fertility rates were flat, fertility rates in California rose sharply. The majority of this divergence is due to California's greater race/ethnic diversity and the fertility differences among these groups. .o Between 1970 and 1990, total fertility rates for counties in California did not merge toward a national or state norm. However, when the analysis was carded out for race/ethnic groups, a different pattern emerged. Between 1970 and 1990, county total fertility rates by race/ethnic group did merge toward the statewide norms. The projections assume that each county's race/ethnic-specific and age-specific fertility rates merge toward a state forecast of fertility rates by age and race/ethnic group. County differences from the state norm decline to one-half the current level in 1 O0 years because of the long-term trend of California becoming more like the nation. Mortality: Evaluation of the life tables by county, gender, and race/ethnic group 'revealed that the county tables contained many small data cells which could not deliver consistent results. Therefore, statewide survival rates by gender and race/ethnic group were used for all counties in California. On a statewide basis, life expectancy and survival rates increased more slowly between 1980 and 1990 than between 1970 and 1980. Mortality rates for the initial year 1990 were calculated using deaths for 1989-1991 and the adjusted census population. These central death rates were converted into probabilities of surviving. Because of the resulting random fluctuations caused by small numbers, these probabilities were smoothed from age eight upwards using a three-year moving average. The Census Bureau's national age, sex and race/ethnic-specific mortality schedules from the middle series (adjusted slightly) were used as an end point, and the interim years, 1991-2040, were interpolated. Mi~ation: MigratiOn is the most volatile of the components of population change. Since 1970, annual migration has fluctuated from -82,000 to +421,000. For the future, the Department relies most heavily on long-term averages of total net migration. The age, sex and race/ethic distribution of migrants is based on an analysis of the 1970, 1980 and 1990 censuses and the implied migration distribution by age and sex. The derived migration distributions for the two decades were averaged and smoothed. The Department of Finance expects total net migration in the period between 1997 and 2003 to rebound from the historically low level of the mid 1990s and to average more than 250,000 per year. This is consistent with recent short-term forecasts. Following this pent-up demand, migration will slowly decline to about 180,000 after the year 2015. This represents a return to a long-term historical annual average, modified by county-specific migration assumptions made in consultation with local government planners and demographers whenever possible. When local input was not available, the migration assumptions were made by the Department of Finance based on historical analysis. Demographic Model The base benchmark population is projected using the final assumptions--i.e., local age and race/ethnic fertility will merge toward state norms, life expectancy will follow national trends, and there will be an annual average net in-migration to California of 203,000 throughout the forecast period. New cohorts are created by applying the fertility assumptions to the women of childbearing ages. The population ages with time, as the gender, race/ethnic, age-specific survival rates are applied to the population at risk. In addition, the overall migration assumption is distributed using the assumed gender, race/ethnic, and age proportions. The process is carried forward for 50 years from 1990. Special populations are then added to produce total population projections. For the period 1991 and 1992, the populations are benchmarked to the Department's 1997 E-2 Report. These population projections depict only one possible course of future population change, i.e., the one reflecting recent trends in fertility, mortality, and migration. These projections do not necessarily show what is most desirable but rather what can be reasonably expected if current trends continue until the end of the projection period. Terms & Definitions (* U.S. Census Bureau definitions) Housing Unit *-- A house, an apartment, a mobile home, a group of rooms, or a single room, that is occupied or intended for occupancy as separate living quarters, or if vacant, is intended for occupancy as a separate living quarters. Occupants of ieparate living quarters live separately from any other individual in the building and have direct access from outside the building or through a common hall. For vacant units, the criteria of separateness and direct access are applied to the intended occupants whenever possible. Household*-- Includes all the persons who occupy a housing unit. It could include the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. The count of households excludes group quarters. Group Q u a rte rs Pop u lation*-- The institutionalized and non-institutionalized population not living in housing units. Examples include a person residing in correctional institutions, nursing homes, group homes, college dormitories, or military quarters. This population is not included in the regional housing needs projection. Household Population*-- All persons occupying housing units. That is, the population living in housing units. It is equal to the total population minus the group quarters population. Permanent Housing Stock *-- Housing units that are either occupied or available for sale or rent as part of the housing unit inventory. It is computed by adding the number of owner-occupied units, vacant units that are for sale only, renter-occupied units, and vacant units for rent. Homeowner Vacancy Rate*--The percentage reflecting the relationship between the number of vacant units for sale and the overall homeowner inventory. It is computed by dividing the number of vacant units for sale only by the sum of the owner-occupied units and the number of vacant units that are for sale only. Rental Vacancy Rate*-- The percentage relationship of the number of vacant units for rent to the total rental housing unit inventory. It is computed by dividing the number of vacant units for rent by the sum of the renter-occupied units and the number of vacant x units for rent. Income Categories -- Those established by State and federal law as implemented by HCD and HUD, pursuant to Health and Safety Code Sections 50079.5 and 50105, and Attorney General Opinion 87-206. The distribution is from the 1990 Census, which is the most recent source of household income data currently available at the place level. Attachment IIl.a. Appendix F 2002 Mendocino RHNP Calculations* for Determination of "Low" Regional Housing Need for Mendocino County for January 2001 to July 2008 Calculate Housing Units Needed for End of Planning Period: 1) July 2008 Owner Households = July 2008 households * Ownership Rate in 2000 37,603 households for July 2008 using the "Low" series for county 61.27% is the 2000 ownership share 23,040 Owner Households = 37,603 households * 61.27 % July 2008 Owner Units Needed = July 2008 Owner Households / (100% - owner vacancy rate) The vacancy allowance is calculated using the lesser of 2% or the average1990/2000 vacancy rate of 1.30% 23,344 owner units = 23,040 Owner Households/(100%-1.30%) 2) July 2008 Renter households = July 2008 households * Rentership Rate in 2000 37,603 households for July 2008 using the "Low" series for county 38.73% is the 2000 rentership share for county 14,563 Renter Households = 37,603 households * 38.73% July 2008 Renter Units Needed = July 2008 Renter Households / ( 100% - vacancy rate for renters ) The vacancy allowance is calculated using the lesser of 6% or an average 1990/2000 vacancy rate of 4.20% 15,201 renter units = 14,563 renter households / (100%-4.20%) 3) Needed Permanent Housing Stock in July 2008 = ( Owner Units Needed + Renter Units Needed ) 38,545 permanent housing units= 23,344 Owner Units + 15,201 Renter Units Calculate Additional Units Needed for Permanent Housing: 4) Permanent ltousing Stock in 2000 -- ( Owner Occupied Units 2000 + Renter Occupied Units 2000 + Vacant Owner Units 2000 + Vacant Rental Units 2000 ) Owner Occupied Units 2000 = Rental Occupied Units 2000 = Owner Vacant Units 2000 = Rental Vacant Units 2000 = Permanent Stock = 20,383 12,883 285 434 33,985 5) Permanent Units as share of Housing Stock = Permanent Units / Total Housing units 2000 36,937 = Total Housing units 2000 Permanent Housing Share 92.01% = 33,985 Permanent Stock / 36,937 Total 2000 Housing Units Page I of 2 · Calculations use data particular to this county. See Key Variables section of Attachment IV, Methodology. Low for Mendocino County 6) Permanent Housing Stock in January 2001 = Total Units on January 2001 * Permanent Housing Stock Share from 2000 34,178 Permanent Housing units in 2001 = 37,147 Total DOF Units January 01 * 92.01% 7) Additional Units Needed of Permanent Housing = Permanent Housing Stock in July 2008 (from step #3) - Permanent Housing Stock in January 2001 (from step #6) 4,367 Net New Units Needed = 38,545 permanent units in 7/2008 - 34,178 those in 2001 Calculate Units Needed to Replace Normal Loss of Units 2001 to 7/2008: 8) Annual Average of units existing 2001 to 7/2008 = (Units in 2001 + Units in 7/2008)/2 36,362 average units annually = (34,178 units in 2001 + 38,545 units in 7/2008) / 2 Loss of Units per year = (Average existing units 2001 to 7/2008) * (Removal Factor 0.002) Total years for January 2001 to July 2008 = 7.5 years 73 removals per year = 36,362 average units * .002 9) Normal Loss of Units 2001 to 7/2008 = Loss per year * 7.5 years, Capped at 25 % of Need 545 Replacement Units Needed over planning period = 73 removals per year * 7.5 545 Replacement Units Capped at 25 % of Need = lesser of 545 or (.25 * 4,367 from step #7) Calculate Units~ if any historicall¥~ that would be provided on American Indian Tribal Lands: 10) 462 Units on Tribal lands in 2000 = 1.36 % % share of the 2000 permanent stock 33,985 (from step #4)] 67 Tribal Units as share of Need for 2001-7/2008 = 1.36 % % * ( 4,367 Net Units Needed from step #7 + 545 Market Removals step ~9) Determine Regional Housing Need 2001 to 7/2008 11) Regional Housing Need 2001-7/2008 = Net Units Needed for Permanent Housing Stock (step fi7) + Replacement for Market Removals 2001 to7/2008 (step g9) - Units for Tribal Lands (from step gl0) 4.845 Reei~onal Need = 4,367 Units Needed + 545 Replacements - 67 Tribal Unit Share Page 2 of 2 Low for Mendocino County Attachment lll.b. Calculations' for Determination of "Middle" Regional Housing Need for Mendocino County for January 2001 to July 2008 Calculate Housing Units Needed for End of Planning Period: 1) July 2008 Owner Households = July 2008 households * Ownership Rate in 2000 38,848 households for July 2008 using the "Middle" series for county 61.27% is the 2000 ownership share 23,803 Owner Households = 38,848 households * 61.27 % July 2008 Owner Units Needed = July 2008 Owner Households / (100% - owner vacancy rate) The vacancy allowance is calculated using the lesser of 2% or the average 1990/2000 vacancy rate of 1.30% 24,117 owner units = 23,803 Owner Households/(100%-1.30%) 2) July 2008 Renter households = July 2008 households * Rentership Rate in 2000 38,848 households for July 2008 using the .... Middle" series for county 38.73% is the 2000 rentership share for county 15,045 Renter Households = 38,848 households * 38.73% July 2008 Renter Units Needed = July 2008 Renter Households / ( 100% - vacancy rate for renters ) The vacancy allowance is calculated using the lesser of 6% or the average 1990/2000 vacancy rate of 4.20% 15,704 renter units = 15,045 renter households / (100%-4.20%) 3) Needed Permanent Housing Stock in July 2008 = ( Owner Units Needed + Renter Units Needed ) 39,821 permanent housing units= 24,117 Owner Units + 15,704 Renter Units Calculate Additional Units Needed for Permanent Housing: 4) Permanent Housing Stock in 2000 = ( Owner Occupied Units 2000 + Renter Occupied Units 2000 + Vacant Owner Units 2000 + Vacant Rental Units 2000 ) Owner Occupied Units 2000 = 20,383 Rental Occupied Units 2000 = 12,883 Owner Vacant Units 2000 = 285 Rental Vacant Units 2000 = 434 Permanent Stock = 33,985 5) Permanent Units as share of Housing Stock = Permanent Units / Total Housing units 2000 36,937 = Total Housing units 2000 Permanent Housing Share 92.01% = 33,985 Permanent Stock / 36,937 Total 2000 Housing Units Page 1 of 2 Calculations use data particular to this county. See Key Variables section of Attachment IV, Methodology. Medium for Mendodno County 6) Permanent ltousing Stock in January 2001 = Total Units on January 2001 * Permanent Housing Stock Share from 2000 34,178 Permanent Housing units in 2001 - 37,147 Total DOF Units January 01 * 92.01% 7) Additional Units Needed of Permanent Housing = Permanent Housing Stock in July 2008 (from step #3) - Permanent Housing Stock in'January 2001 (from step #6) 5,643 Net New Units Needed = 39,821 permanent units in 7/2008 - 34,178 those in 2001 Calculate Units Needed to Replace Normal Loss of Units 2001 to 7/2008: 8) Annual Average of units existing 2001 to 7/2008 = (Units in 2001 + Units in 7~2008)/2 37,000 average units annually = (34,178 units in 2001 + 39,821 units in 7/2008) / 2 Loss of Units per year = (Average existing units 2001 to 7/2008) * (Removal Factor 0.002) Total years for January 2001 to July 2008 = 7.5 years 74 removals per year = 37,000 average units * .002 9) Normal Loss of Units 2001 to 7/2008 = Loss per year * 7.5 years, Capped at 25 % of Need 555 Replacement Units Needed over planning period - 74 removals per year * 7.5 555 Replacement Units Capped at 25 % of Need = lesser of 555 or (.25 * 5,643 from step #7) Calculate Units~ if any historically~ that would be provided on American Indian Tribal Lands: 10) 462 Units on Tribal lands in 2000 = 1.36% % share of the 2000 permanent stock 33,985 (from step #4)] 84 Tribal Units as share of Need for 2001-7/2008 = 1.36%% * ( 5,643 Net Units Needed from step #7 + 555 Market Removals from #9) Determine Regional Housing Need 2001 to 7/2008 11) Regional }lousing Need 2001-7/2008 = Net Units Needed for Permanent Housing Stock (step #7) + Replacement for Market Removals 2001 to7/2008 (step ~9) - Units for Tribal Lands (from step #10) 6:114 Regional Need = 5,643 Units Needed + 555 Replacements - 84 Tribal Unit Share Page 2 of 2 Medium for Mendocino County KATHY CRANE 1295 YOKAYO COURT UKIAH, CA c)5~82 707-~62-5655 SEPTEMBER I/~, 2002 CITY COUNCIL AND PLANNING COMMISSION MEMBERS CITY OF UKIAH ~500 SEMINARY AVENUE UKIAH, CA c)5~82 DEAR CITY COUNCIL MEMBERS: I APPEARED BEFORE YOU IN JUNE OF LAST YEAR WHEN THE PRIOR NUISANCE ORDINANCE WAS IN ITS BEGINNING STAGES OF DEVELOPMENT. THAT PROPOSED NUISANCE ORDINANCE WAS APPARENTLY DESIGNED FOR THE GENERAL RESIDENTS OF THE CITY UKIAH. AT THAT TIME I POINTED OUT THAT MOST OF THE PROPOSED ORDINANCES WERE ALREADY IN THE UKIAH MUNICIPAL CODE - ONLY THEY WERE NOT BEING ENFORCED. THE NEXT TIME I HEARD ABOUT A NUISANCE ORDINANCE WAS IN CONJUNCTION WITH BUSINESS PROPERTIES IN UKIAH AND THAT IS WHY I AM HERE. IT SEEMS THAT THE CITY OF UKIAH HAS A DESIRE TO REGULATE BOTH ITS GENERAL CITIZENS AND NOW IT'S BUSINESSES. WHILE I MAY AGREE IN THEORY WITH THE CONCEPT OF A NUISANCE ORDINANCE, I AM HERE TO ASK THAT WHILE YOU ARE IN THE INFANCY STAGE OF PLANNING FOR THE NUISANCE ORDINANCE FOR THE BUSINESS COMMUNITY THAT YOU ALSO INCLUDE A NEW SECTION PERTAINING TO GOVERNMENT/CITY FACILITIES. WHILE THE LITERATURE FOR THE NUISANCE ORDINANCE EXPOUNDS ON "THE GOOD NEIGHBOR POLICY", IT IS A FACT THAT THE CITY OF UKIAH DOES NOT PRACTICE WHAT IT PREACHES. I HAVE NOT GONE OUT OF MY WAY LOOKING FOR NUISANCE VIOLATIONS BY THE CITY OF UKIAH, IF THEY WERE HELD TO THE NEW BUSINESS PROPOSED NUISANCE ORDINANCE, BUT THEY ARE GLARING AND RIGHT IN YOUR FACE AND HARD TO IGNORE. THE FOLLOWING ARE EXAMPLES OF MY OBSERVATIONS: I. THIS BUILDING THAT IS LOCATED RIGHT BEHIND CITY HALL ON DORA. IF THIS WERE A BUSINESS, UNDER THE NEW PROPOSED ORDINANCE, IT WOULD CERTAINLY BE IN VIOLATION OF NUISANCE #5, #8, AND #12. ( I KNOW THAT THIS BUILDING WAS IN THIS SAME GENERAL CONDITION FOR MANY YEAR AND THAT IT HAS BEEN AT THAT LOCATION SINCE I WENT TO GRAMMAR SCHOOL AT THIS LOCATION IN THE LATE 19/,0'S.) 2. THERE ARE VEHICLES PARKED TO THE RIGHT OF THE ENTRANCE TO THE AIRPORT FOR YEARS AND COULD BE IN VIOLATION OF NUISANCE #10. VEHICLE #1:170 JMW, WITH EXPIRED REGISTRATION OF JULY, 2002. VEHICLE #2: IMDL 058 WITH EXPIRED REGISTRATION OF FEBRUARY, 2002. VEHICLE #5:5Y20102 WITH EXPIRED REGISTRATION OF JANUARY, 2002. 5. THE CITY OF UKIAH PARKING LOT LOCATED TO THE NORTH OF THE LIBRARY ON NORTH MAIN STREET IS PRESENTLY IN VIOLATION OF SECTION #c) IN THAT SPACES ARE APPARENTLY BEING RENTED AND THE AREA IS NOT PAVED, A VEHICLE HAS BEEN PARKED ON CITY LAND ON NORGARD LANE FOR SEVERAL YEARS. THERE IS AN INDIVIDUAL LIVING IN THIS VEHICLE WITH HIS DOG. I TRIED OVER A YEAR AGO TO SEEK HENTAL HEALTH AND/OR SOME TYPE OF INTERVENTION FOR THIS INDIVIDUAL BUT TO NO AVAIL - THE COUNTY SAID THAT THEY DO NOT HAVE JURISDICTION BECAUSE THE VEHICLE IS PARKED ON CITY LAND. THIS VEHICLE HAS THE POTENTIAL OF BEING IN VIOLATION OF PROPOSED BUSINESS NUISANCE #JO, #J/~, POSSIBLY #J5 AND #lC). ( I DON'T EVEN WANT TO KNOW WHERE HE HAS BEEN GOING TO THE BATHROOH FOR THE PAST YEARS.) THE INTERESTING THING TO NOTE HERE IS THAT SINCE THIS VEHICLE HAS BEEN PARKED HERE FOR SO LONG, GENERATING DEBRIS, WE NOW HAVE PEOPLE APPARENTLY AS'SUHING THAT THIS IS A DUHP SITE FOR THINGS THEY NO LONGER WANT. 5. THE FINAL CROWNING GLORY OF HY OBSERVATIONS IS THE PROPERTY LOCATED AT THE CORNER OF TALHAGE ROAD AND WAUGH LANE. I CHECKED AND THIS PROPERTY wAS DEEDED' TO THE CITY OF UKIAH IN DECEMBER, !0c)2 AND HAS BEEN ALLOWED TO DETERIORATE OVER THE PAST NEARLY TEN YEARS. THIS BUILDING IS IN VIOLATION OF PROPOSED ORDINANCES #5, #/~, #5, #{5, #7, #8, #O, AND #JO. ( I CERTAINLY WOULD NOT WANT TO LIVE NEXT TO THIS UNSIGHTLY DWELLING YEAR AFTER YEAR! THE LOCATION AND CONDITION OF THIS BUILDING WAS BROUGHT TO THE CITY COUNCIL'S ATTENTION IN JUNE, 2001 BY DICK SELZER AT THE NUISANCE ORDINANCE MEETING IN HELD IN JUNE OF LAST YEAR.) (AN INTERESTING OBSERVATION: WE ARE CONTEHPLATING CREATING BEAUTY AT THE RAILROAD DEPOT ON PERKINS STREET TO ENCOURAGE A PLEASANT AND APPEALING CITY FOR OURSELVES AND TOURISTS - BUT WHEN THAT TASK IS COHPLETED HOW WILL WE HAKE TOURISTS ONLY COHE DOWN PERKINS AND NOT DRIVE UP TALMAGE ROAD AND SEE PROBABLY THE UGLIEST EYESORE IN TOWN!) I BELIEVE THAT THESE EXAHPLES INDICATE A LACK OF CONCERN FOR THE "AESTHETIC STANDARDS" OR THE "GENERAL WELFARE" OF THE CITIZENS OF OUR CITY AND THAT WE NEED TO HOLD GOVERNHENT TO THE HIGH STANDARDS OF A NUISANCE ORDINANCE AND TO SET AN EXAMPLE FOR THE COHMUNITY OF HOW TO "BE A GOOD NEIGHBOR". I FEEL CERTAIN THAT THERE ARE OTHER NUISANCE VIOLATIONS WITHIN THE CITY OF UKIAH THAT GOVERNMENT IS RESPONSIBLE FOR BUT THESE ARE THE ONES I HAVE NOTICED. I HAINTAIN THAT IF THE CITIZENS ARE GOING TO' BE HELD RESPONSIBLE AND BUSINESSES ARE GOING TO BE HELD RESPONSIBLE, THAT THERE IS A DEFINITE NEED FOR A GOVERNHENT NUISANCE ORDINANCE SO THAT THE GOVERNHENT AGENCIES CAN ALSO BE HELD RESPONSIBLE AND ACCOUNTABLE FOR "BEING A GOOD NEIGHBOR". jvjy ONLY QUESTION IS WHO WOULD BE RESPONSIBLE FOR HAKING CERTAIN THAT ALL PARTIES COHPLY, EVEN GOVERNHENT, WITH THE ORDINANCES! RESPECTFULLY, KATHY CRANE CC: CITY IVJANAGER CITY PLANNING DEPARTMENT STAFF ATTACHHENTS: PHOTOGRAPHS OF AREAS INDICATED -/fl BUILDING LOCATED BEHIND CITY HALL Ok,-- AIRPORT PARKING LOT CITY PARKING LOT JUST NORTH OF THE LIBRARY ON NORTH MAIN STREET #l+: NORGARD LANE -//:5: CORNER OF TALMAGE ROAD AND WAUGH LANE RESUME d. Discussion and Selection of Councilmembers for League of California Cities Redwood Region Policy Committees Selected Councilmembers Baldwin, Smith, and Larson to various Redwood Region Policy Committees e. Selection of Members for the Community Based Organization Grants Program Committee Appointed Councilmembers Baldwin and Libby to the Committee 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. PERS Units Labor Negotiator: Candace Horsley, City Manager No Action Taken. b. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. Unit Memorandum of Understanding Labor Negotiator: Candace Horsley, City Manager No Action Taken. 9:20 p.m. 14. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 18, 2002 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES a. Regular Meeting of September 4, 2002 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 5. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of August 2002 b. Award of Bid for 25, 35, 45, 50, and 55 Foot Class 3 Western Red Cedar Poles To J.H. Baxter Co. in the Amount of $14,302.86 c. Approval of Modified Spending Plan and Adoption of Budget Amendment for California Law Enforcement Equipment Program (CLEEP) Grant for Fiscal Year 2001/2002 d. Report to the City Council Regarding Acquisition of Services From Spencer Brewer For the Management/Production of the 2003 Sundays in the Park Concert Series in the Amount of $7,500 e. Award of Bid to Advance: Solar, Hydro, Wind Power Company for the Design and Installation of Photovoltaic System at the Civic Center Addition in the Amount of $57,000 and Authorize City Manager to Execute Agreement f. Approve City of Ukiah's Statement of Investment Policy for Fiscal Year 2002/2003 g. Acceptance of Work as Complete for ADA Curb Ramps, Phase 4 Project, Specification No. 01-10, and Authorize Filing of Notice of Completion with County Recorder h. Acceptance of Work as Complete for Mendocino Drive Sidewalk Improvement Project, Specification No. 00-06, and Authorize Filing of Notice of Completion with County Recorder 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. 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. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 7. PUBLIC HEARING (7:00 P.M.) a. Public Hearing Regarding Notification of Award of Federal Law Enforcement Block Grant, Discussion of Fund Allocation, and Approval of Budget Amendment b. Introduction of Commercial Property Maintenance Ordinance 8. NEW BUSINESS a. Approval of Abandonment of Right-of-Way in Exchange for Grants of Right-Of- Way for Standley Street and Easement From Standley Street to Fish Hatchery Property b. Authorization of City Manager to Execute Consulting Services Agreement with EBA Engineering to Provide Environmental Compliance Services for the City of Ukiah Landfill, with Contract Amount Not to Exceed $51,226 c. Review and Comment Regarding the 2002 Mendocino County Regional Housing Allocation Plan Prepared by the Mendocino Council of Governments d. Acceptance of Federal Aviation Administration (FAA) Grant for Infrastructure Improvements at the Ukiah Regional Airport e. Approval of Optional Redemption of the 1992 Refunding Certificates of Participation and Approval of Budget Amendment f. Approval of Additional Line Attendant Position in Electric Utility and Budget Amendment g. Consideration by Council of League of California Cities Resolutions h. Adoption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit- Miscellaneous 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. Unit Memorandum of Understanding Labor Negotiator: Candace Horsley, City Manager 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. 3a MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 4, 2002 The Ukiah City Council met at a Regular Meeting on September 4, 2002, which had been legally noticed and posted, at 6:32 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Libby, Baldwin Staff present: Assistant City Manager Fierro, Risk Manager/Bud! Attorney Rapport, Executive Assistant Riley, Public Works Steele, Planning Director Stump, Police Captain Walker, Po Chief Clerk Ulvila. Ilowing ;hiku. and 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. PROCLAMATIONS 3a. September- 30th Birthday of the Ukiah Libr; Mayor Ashiku read the Proclamation designating Sept~ of the Ukiah Library. 2002 as the 30th birthday Dori Anderson, Ukiah Libra~ thanked Council for its re( September 7th in the er, accepted ~d everyone ~oclamation and birthday party on m Mayor Ashiku month in the PROCLAMATIONS September- United Mike H; ti for it,, ort. He n( Se th Pro( signating 2002 as United Way :~ .. ~" ~. ~., o. ~alf of United Way and thanked Council that the Un,~~y Way's Day of Caring is scheduled for w Special MINUTES of the City Council & Planning Commission of M/S the Joint Meeting Minutes of the City Council and PI. ~mission gust 21,2002. C°uncilme":!ii~ii~i~!i~,, ~r Libby requested, clarificatiOn on page 2, seventh paragraph beginning with The ~:eral Plan'. She recalled that there was a discussion concerning the subject m ":~but did not recall Council wanting the wording changed in the General ..... ~ A~i · ~.. ~ .... , ..... C~ember Baldw, n recalled that ~t was a point he made ~n the d~scuss~ons and t~~ minutes reflect no endorsement. Regular City Council Meeting September 4, 2002 Page 1 of 13 Council discussed the minutes and it was their consensus that the minutes reflect statements made during discussions and no decisions were made concerning the items discussed. Motion carried by the following roll call vote: AYES: Councilmem Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. AB 4. APPROVAL OF MINUTES 4b. Regular Meeting of Au.qust 21,200? City Clerk Ulvila recommended a correction on page 2, fifth para! to read, "Staff also noted that although $18,000 is set-~ Program, there is the potential that all funding co provided popular and funding approved for all Councilmember Libby requested clarifi( ~n previous paragraph and felt that the minutes a~ the scenarios. She asked that the motion to increase the marketing allotment would change the eligibility based on 160% of FPIG.' Councilmember Larson advised allotment to $20,000. It wa,, with Customer Service Sup the motion by Baldwin/Libb~ Conservation Program allotmen next motion should read, "M/S Ash the Energy Conservation P pro It was the col should be in the difference in Baldwin/Libby Scenario #3, which M/S am Libby, Bald, marketing !,000. He spoke ~and recommended Increase the Energy io #3." Also, the nario 82 and to increase .RIGHT T~ rea( :ouncil that the minutes. .=r Larson's recommended changes 1 M/S Lars~ a. Rec~ Emis $8 C.¸= EAt lng the Re~ process. ~g Minutes of August 21, 2002, as vote: AYES' Councilmembers Larson, Smith, S' None. ABSTAIN: None. ABSENT: None. d. CA~ AR g items a through o of the Consent Calendar as follows: Notification to Council Regarding Airport's Acquisition of Zero Vehicle From Lasher Auto Center of Sacramento in the Amount of ;d Claim For Damages Received From John Foster and Referred int Powers Authority, Redwood Empire Municipal Insurance Fund; opted Ordinance No. 1038 Amending the City of Ukiah's PERS Contract to Add Fourth Level 1959 Survivor Benefits- Police Unit; Awarded Contract to Riley's Striping for Street Striping 2002, Specification No. Regular City Council Meeting September 4, 2002 Page 2 of 13 e. g. h. k. m. no o. 02-16 in the Amount of $18,930.56; Awarded Contract to Granite Construction Company for 2000 STIP Arterial/ Collector Rehabilitation, Specification No. 02-15 in the Amount of $527,40 Awarded Contract to Granite Construction Company for 2000 STI Rehabilitation, Specification No. 020-14 in the Amount of $367,280.6 Awarded Acquisition of 2-Axle Truck with Dump Body to East Bay Sales in the Amount of $57,625.43 for the Department of Public Awarded Bid for Various Pole and Pad Mount Transformers ' $55,537.28; Adopted Resolution No. 2003-06 Setting the Limitation on C Fiscal Year 2002-2003; Received Report of the Acquisition of Autocad 200 Solutions Inc. in the Amount of $5,139.42; Adopted Resolution No. 2003-05 Approving Program Supplement Nos. 771 and 772 to Agreement for State Funded Projects Adopted Resolution No. 2003-05 ResU 493 Highland Avenue; Authorized Execution of Amendment No. 5 to the Engineering in an Amount Not to Exceed $44,421 Groundwater Plume Definit Amendment in the Alt 5; Received Notification Bearing Monitor in Approved Budget Amendm( Platform Dump Body from Ri $6,032.81. owing roll NOE Motion carri~ Libby, Bal( DLT - State habilitation Projects; g Space at ment with EBA Soil and Budget Electronic g Purchase of in the Amount of AYES: Councilmembers Larson, Smith, ABSTAIN: None. ABSENT: None. m D~ Council's ENCE ON N( iENDA ITEMS she sent to the City Council recommending to save energy. UNFINII DI City within ti While the violations a Public through en Horsh mmun )rity of USINESS Pedestrian Safety that the City of Ukiah is aware of the growing concern increased vehicle traffic and related safety issues. plaints received are speed related, various other minor traffic to be increasing. In response, she has requested the Police and s to develop a strategy to improve our pedestrian safety education, and enhanced road features. in~ ~n general. Response Team Williams advised that in July of this year, the Ukiah Police Department program they felt might help address the growing concern regarding traffic From that program, they are trying to incorporate the Community (CRT), working in association with patrol officers.The program Regular City Council Meeting September 4, 2002 Page 3 of 13 consists of data collection, public education and enforcement. When a particular area or concern has been identified either by the public or by officers, this information is relayed to CRT, which maintains a list of problem areas. The program is ent upon the amount of time available to the officers to use radar and otl enforcement methods. The Department will continue to work in conjuncti news medias and have ongoing public announcements regarding safety bicyclists, and motorists. Public Works Director Steele advised that the Public Works ongoing program of maintaining the existing marked crosswalks some heavily traveled locations, painted crosswalk markin more durable thermoplastic so they don't fade. Several and white or yellow high visibility crosswalks have locations that are considered for the high dks. She reported that City Staff is currently crosswalks at Perkins and State Streets pedestrian thoroughfare. There is also an accessible ramps along critical routes and actively pu City recently implemented the revised Reimbursement program. con., She discussed ~atively enhance the to enhance the gram to construct ADA P funding for these. The Construction Discussion followed with ride the wrong direction cycling, and how those actions a~ themselves. The potential for in' were discussed. It was also noted the proper way bicyclists who ~afety laws related to well as to the cyclists or lack thereof, by cyclists pedestrians are not aware of Police Chi vi, ex the local ;nt is aware of cycling and pedestrian cation and enforcement program. He imited in resources and time, they would at schools. He hopes to generate interest with ,s related to safety. regard to vehicles that do not yield to emergency vehicles ing being a factor for injuries. It was noted by Chief ot have control over the level of fines, nor do the fines The purpose Of controlling traffic is to reduce injuries and Baldwin inquired if the City could find money for a traffic enforcement be a vehicle for them to use. responded affirmatively. He noted that staff continues to look for traffic other options available to the City. Regular City Council Meeting September 4, 2002 Page 4 of 13 Citizens who spoke to the issue of pedestrian and bicyclists safety and supported tighter enforcement and education programs were Paul Andersen, William French, Aha Araiza, Mary Lindley, J.P. Banks, and Marie Denham, Some of these indi ~als also addressed the issue of motorists speeding and not being aware of ped~ crosswalks. City Manager Horsley reminded Council that they funded a traffic Ukiah, including the entrances for possible additional traffic signal~ Street and the downtown core area to make it more pedestrian fri~ attempt to make those areas more shopping friendly and to slow City is hoping to implement the study this coming year. of in Councilmember Baldwin inquired if staff could crosswalk locations for one hour during the morning Chief Williams did not think it would be fe~ officers at any given time on the street and This is why it is very important to have control/enforcement. officers at key !partment has three calls for service. dedicated to traffic Councilmember Baldwin advise, traffic officer. He voiced his about bicyclists following funding for a a PR campaign City Manager Horsley advised ti officer for traffic control. She have increased dramatically and th hampered treme~ In order to be needed. for grants to obtain an for the Police Department traffic control has been g, additional officers would al 8a. nuation Planning matter and g when the the Danco Builders/Shapiro General ect it is staff's recommendation to continue this d renotice the General Plan Amendment and Rezoning for a public ct is ready for the City Council's consideration. It Amend meeting Rezl ncil to continue the Danco Builders/Shapiro General Plan proposal, and directed Staff to renotice the project when a gl N( UNFI ;HED BUSINESS A of Establishment and Participation in the Russian River W~ ~hed Association er Horsley advised that the City was originally contacted by the Sonoma Agency (SCWA) regarding the organization and formation of a Russian shed Association. The cities and water districts of the Bay Area formed a Bay Watershed Association (NBWA) several years ago, which was created to Regular City Council Meeting September 4, 2002 Page 5 of 13 help local and regional public agencies work cooperatively on water resources issues that impacted areas beyond traditional boundaries, and to promote stewardship of the North Bay Watershed. There are 15 member agencies with the NBWA an{ proven to be a very successful conduit for water quality, habitat and flood and resource management. She discussed the goals of the Russian Association, as noted in her Staff Report. On August 15, 2002, various Sonoma and Mendocino representatives met to discuss the draft Memorandum regarding this Association. There would be three M~ consisting of the County of Mendocino, City of Ukiah, and Association if they choose to be involved. The Inland would discuss the matter at their September meeting. Coun~ unty of Ass( There is a $5,000 startup implementation fee. would consist of overhead and programs of would be paid for by dividing half of the costs other half allocated in proportion to each member ager that are of specific benefit to one or more member a~ benefiting agencies in proportion to the benefit they recer annual dues in excess of these pr ~t beyond the first ye~~I~:'~'~ ember agencies that agencies and the ,rating budget. Programs would be paid for by the may assess Mayor Ashiku noted that th~ and cost of the study that study. s of the watershed member relative to City Manager Horsley advised that smaller budgets Other pro such as re, ~ting Mendocino County have county and water agencies. !g in Washington, D.C. to fund projects other projects. She discussed the ~lether to receive these funds. M terms "coo being defined recitals of Section A of the MOU, one of the :oncern to him because he did not know what is and what types of mitigations are involved. He felt the encompassing. that the Association took a template MOU of the issues and questions would need to be approved by the 9 Board would consist of elected officials and the Executive ~the staff would be participants. She noted that on October 23rd in be a meeting of the Board and Councilmembers who would like to for the City. S( Larson noted that it is suggested that Mendocino County represent all districts and unincorporated communities. He inquired if this is true of County as well. Regular City Council Meeting September 4, 2002 Page 6 of 13 City Manager Horsley responded affirmatively. Upon an inquiry by Councilmember Larson concerning the possibility of more entities than the 15-17 estimated memberships, she identified the cities and noted that the individual water distri~ not included as board members, however they could be associate members. on to discuss the composition of the Association. Councilmember Libby inquired how a member of this Association City of Ukiah since the City would only have one vote. ~efit the City Manager Horsley explained that the Association is trying away political and controversial issues and focus more o~ conservation issues, grant funding, endowments or donations. There is a lot of competition for federal hoped that through these types of cooperatives they will be able to ~ore funding. If the City not want to participate in a certain project, it cannot b~ Councilmember Libby explained that she County and the way the Association was members having a vote. She expressed concern rega~ votes on the Association. She also noted her concern originally presented and that it is differently. g with Sonoma luded water districts as :he City not having many the was Mayor Ashiku explained th~ Agency, came to the City objectives he proposed was to problems. The reality of this comm districts, to speak with a common exists. He felt Inland Water entity to districts an provisions it allows su ~ City join Associatio )d. of th~ oma County Water ~nd the Manager, one of the to solve common ,ith the various small water of the political rivalry that ation would serve as a good of the Ukiah Valley interests. One of the to resign with 60 days notice. He everyone would be working for the City Mana~ especially in I · ' ' the Ass~ ~cure on he sees advantages to joining the Association, a lot of stipulations placed on the City from Section 7, and that would be one avenue to obtain funding that the City wouldn't be inquired as to how agriculture is represented in the Mayor Ash F; responded that the Inland Water and Power Association would most that interest. Larson felt that agricultural interests would continue to be a in this Association. He expressed concern that certain entities, such as the would not be represented. Regular City Council Meeting September 4, 2002 Page 7 of 13 City Manager Horsley advised that the Association would be comprised of northern cities and counties. Depending on how many entities choose to join, it is estimated that the Association's membership would include 12-15 voting members. recommended that if Council is interested in the Association, it select a Coum to attend the October 23rd meeting. She 'has asked Sonoma Coun'y representatives to come to Ukiah and discuss it in detail with the Council Councilmember Baldwin felt it important to know whether there is entities or if it is open enrollment. Before the City joins, percentage of the vote we would represent on the whole body. important to know if the Association's budget will include staff, as well as what the ongoing overhead would be. of Costs", page 6, Section 17b, and explained that for what benefits them. Id kn~ er of ~at al~ o "AIIocati~ y required to pay Discussion followed with regard to which October 23rd meeting and it was noted th gather further information about the Association so th decision as to whether it should join the Association. the il should attend the g would be to I could make an informed Councilmember Libby express. represented on the Associati~ Power Association would joif concern with how M, ~ld also like to know would be ~land Water and Mayor Ashiku advised that, as a he would vote to join the Associati~ and Power Association, Councilmembl Association. inquired if tI plication of effort by joining the Discuss j re It was be Mayor Ashik~ Ass( the Octol attend the that who( 23rd workshop and the Council's that meeting would not necessarily g is geared toward discussion only. that since he is the City's representative on the Inland Water is familiar with various water issues, and has met with the several times, he would be willing to convey Council's meeting. Consensus of Council concurred that Mayor eeting. Mi :iah, advised that he did not think that Sonoma County is going to solve in Mendocino County. He inquired of Mayor Ashiku if Mendocino Water and Power Association have already joined the Association. explained that he has made it clear how he would vote on the Inland Power Association relative to joining the Association. He assumed that icino County has decided their position on the matter. Regular City Council Meeting September 4, 2002 Page 8 of 13 City Manager Horsley explained that at the committee meeting with staff, it was brought to their attention that the County of Sonoma and the Sonoma County Water Agency will each have a vote, and the cities were very concerned about that. felt that Inland Water and Power Association would be very interested in Association if their limited budget would permit it. They may need to in, agency's annual fees to accommodate that cost. Ron Libby voiced his concern with whether joining the Association time, energy, and resources for dealing with Sonoma County. problems that need to be solved and working with agencies in our of City er City Manager Horsley further explained that the focus address the many things that we will be required together to get those things done, rather than er would be State and working or new water issues. 10. NEW BUSINESS 10a. Consideration of Operation FI~ September 11,2002 Jerry Erickson, Chairman of Operation Flags, felt that declared Patriot Day, it would be appropriate to display Street. They are only requesting rmission for this year. from approximately 7:00 a.m. Street Flags on 11th has been lags on State ;play the flags Those speaking in support~ Walker, Harold Maxwell, Dave King. Ilag on Street were John Rodrigues, and Ray City Manager displayed in permit sd because the flags would be !ouncil approves, a separate encroachment M/S Stat~ Flags to display American flags on Councilmemi :iah. thanked Mr. Erickson for his efforts to display the American flag Motil Libby, B by , and M, roll call vote: AYES: Councilmembers Larson, Smith, u. NOES: None. ABSTAIN: None. ABSENT: None. 10. 10b. Ale NI ESS Disc~ ,ion and Consideration of Proclamation Declaring Sel~tember 11th n M~ and Funding of Su_DDlies for Memorial Event Horsley explained that the American Legion has requested the City's ~n organizing a memorial event on September 11th The American Legion is a Council-approved proclamation in memorial of the September 11th tragedy. ~quest is in conjunction with the events scheduled to begin at 11:00 a.m. in the Thomas Plaza. She discussed other events scheduled throughout the day to Regular City Council Meeting September 4, 2002 Page 9 of 13 commemorate the tragedy that happened last year. She also requested Council's approval of $150 to purchase patriotic items to give the public at this event. M/S Baldwin/Larson approving the purchase of patriotic items, not to and support of a Proclamation as noted in Attachment #2 of the Staff Re the following roll call vote: AYES: Councilmembers Larson, Smith, Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Recessed: 8:30 p.m. Reconvened: 8:42 p.m. 10. NEW BUSINESS 10c. Discussion and Prioritization of Goals City Manager Horsley advised that the 2002-03 fi,, and objectives for each department within the these goals with the adoption of the budget additional goals and objectives, not d~ Council may wish to designate for the staff in our 20O2. budget contains the goal Council approve there may be that the the coming year. Councilmember Baldwin noted that in the Planning D( nothing about zoning enforcem~ though Council did fur very critical to enforce the in the City displayed. !Is, there was He felt it ic banners being City Manager Horsley explained 1 conducting final interviews for the A for that position and is :ion. Councilm~ are listed la offered he co ~e of the P'riorities listed in the Staff Report uired about the membership of the that water treatment plant tours are to be notified of the next tour so that Councilme Council for when the Palace Hotel will be brought before finalize state I ~ed that the Seismic Study is the final step for Ms. Laine's ~sis, and it is in progress at this time. As reported City's contract for the funding of the study and six months Manager Fierro advised that the City should have the results of the before the Thanksgiving holiday. Staff met with the consultant last the preliminary efforts. er Horsley advised that Staff's items are not listed in order of priority. Regular City Council Meeting September 4, 2002 Page 10 of 13 William French, Ukiah, recommended Council accept the support and set up community groups to assist with projects such as the Palace Hotel since staff has limited time available. The groups could assist in looking for grants or old community discussions so that they feel they have a voice in these matters. of group effort could also be utilized for the skate park. 10. NEW BUSINESS 10d. Discussion and Selection of Councilmembers for Cities Redwood Region Policy Committees There was discussion of Council representatives currently committees. Consensus of Council was that the following tcilme~ their membership on these committees: Councilmember Policy Committee, Councilmember Smith - Employer Councilmember Larson - Transportation Committee. on would ret Servic{ icy Committee, and and Public Councilmember Libby noted that perhaps making selections to the committees since there may the City Council. appropriate for le in the composition of Councilmember Larson explain~ the coming year and they wor City. Ihat the reappointments y be those re for i' chosen by the 10. NEW BUSINESS 10e. Selection of Members for Program Committee Executive Assi= approved $3( Ap ap appo' the anization Grant~ !-03 fiscal year budget Council community based organizations. news release. The deadline for requested two Councilmembers be City Manager and staff members to select City Coum r Libby explained that she has sat on the committee for the past like to continue. a~ uired if the potential applicants were informed that Council ing to one or two groups. ~istant Riley advised that this was not specifically indicated in the letter. fat $30,000 is available and it was suggested that each funding request of the total funds. Libby agreed with Councilmember Baldwin's comments regarding the g funds for one or two big projects during the year. It was agreed to discuss this option at the 2003/2004 budget deliberations. Regular City Council Meeting September 4, 2002 Page 11 of 13 Councilmembers Libby and Baldwin volunteered to serve on the committee. Councilmember Baldwin explained that he would have preferred there be a on the application pertaining to what the organization's lowest paid worker requested this question be included on future applications. ion Councilmember Libby noted that Council had previously debated these are nonprofit organizations and many .cannot afford to pay ecause It was the consensus of Council that Councilmembers Baldwin an, on the committee. y would Discussion followed with regard to the committee po organizations for a large amount of funding. It the Committee make such a recommendati( alternatives. g one or two 'mined by Council that shoul. Council wi1 11. COUNCIL REPORTS Councilmember Larson reported that he attended the good time and got to know the employees better. The Seni annual wild game feed on Se 7th. ~ee Luau and had a ~e having their Councilmember Smith re summer newsletter, which i~ and a holiday preview. The Release about the First Annual M which is a fundraiser for the Main attended the Luau. s distributed their Tree Grate Project He referred to a Press for September 28t', Senior Center. He also Co~ ;ilm, )orted that will be .= in the Chi look off. her usual committee meetings. She Col supermark~ have refri~ coverings research on refrigerators at major usly mentioned that many of the supermarkets its without doors and discussed the possibility of using Iouvered doors because of the escaping energy. Cou are about stereo s' Bah · that he has also been researching communities that y with loud car stereos and he will report back to Council can do to enforce the noise ordinances as they relate to car 11. ER/CITY CLERK REPORTS :d to Closed Session: 9:05 p.m. Regular City Council Meeting September 4, 2002 Page 12 of 13 12. CLOSED SESSION Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. PERS Units Labor Negotiator: Candace Horsley, City Manager bi Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Misc. Unit Memorandum of Understand Labor Negotiator: Candace Horsley, City Manager Reconvened at: 9:20 p.m. 13. ADJOURNMENT There being no further business, the City Council meet at 9:20 p.m. Marie Ulvila, City Clerk Regular City Council Meeting September 4, 2002 Page 13 of 13 ITEM NO.' 5a DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF AUGUST 2002 Payments made during the month of August, 2002, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 41433-41575, 41577-41704, 41839-41949, 41951-42053 Accounts Payable Manual check numbers: 35463-35464 Payroll check numbers: 41301-41432, 41705-41837 Payroll Manual check numbers: 41300, 41576, 41838, 41950 Void check numbers: none 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 August, 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Candace Horsle¥, Manager KRS:W ORD/AGENDAAAUG02 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF AUGUST 2002 Demand Payments approved: Check No. 41433-41575, 41577-41704, 41839-41949, 41951-42053, 35463-35464 FUNDS: lO0 131 140 142 143 150 2OO 2O3 2O4 2O5 2O6 2O7 22O 230 250 26O 27O 29O 330 332 333 334 34O 341 342 345 410 550 575 General Fund Equipment Reserve Fund Park Development National Science Foundation N.E.H.1. Museum Grant Civic Center Fund Asset Seizure Fund $3,301.10 H&S Education 11490(B)(2)(A)(I) Federal Asset Seizure Grants Sup Law Enforce Srv. Fd (SLESF) Community Oriented Policing Local Law Enforce. BIk Grant Parking Dist. #10per & Maint Parking Dist. #1 Revenue Fund Special Revenue Fund Downtown Business Improvement Signalization Fund Bridge Fund Revenue Sharing Fund Federal Emerg. Shelter Grant Comm. Development Block Grant EDBG 94-333 Revolving Loan SB325 Reimbursement Fund S.T.P. Trans-Tranffic Congest Relief $4,669.04 Off-System Roads Fund $20,939.70 Conference Center Fund $8,994.93 Lake Mendocino Bond Garage $1,511.23 $203,394.35 $1,714.95 $1,797.15 $3,421.49 $583.18 $20,273.13 $3,242.33 $83,494.75 $27,375.3O $11,832.79 $5,139.37 $8,289.O5 $1,216.10 _ PAYROLL CHECK NUMBERS 41300-41432 DIRECT DEPOSIT NUMBERS 14122-14245 PAYROLL PERIOD 7121102-813102 PAYROLL CHECK NUMBERS 415761- 41705-41838, 41950 DIRECT DEPOSIT NUMBERS 14246-14370 PAYROLL PERIOD 814102-8117102 600 Airport 612 City/District Sewer 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 670 U.S.W. Bill & Collect 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 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $70,994.97 $66,818.92 __ $11,325.89 ' $13.80 $25,907.34 $6,481.79 $14,878.98 $26,646.22 $426.14 $13,955.21 $46,196.95 $13,954.07 $772,612.62 $12,240.29 $568.10 $93,066.61 . $4,689.17 _ $15,561.33 $54,752.28 $46,700.81 $191,804.62 $2,642.85 $1,270.69 $1,904,699.59 $69,038.00 $180,615.01 $288,792.36 $2,443,144.96 VOID CHECK NUMBERS: none 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. 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U O~ U Z 0 z~ 0000 ~ 0 Z~ o~ ZO 0~ 0~ E-, c:, H ~ U · c~ o o 0 q.4 ~ 0 0 ~ 0 0 ~ ~ZZZZZZZZZZZZZZZZZZZ~ 00000000000000000000 ~O~OUUU~ Z~ ~o Om (Jc0 ~o 0 Z ~ 0 H 0 ~ ~ ZM Z Z ~ 0 O~ ~ z~~ z~~ DO0000000000000000000 Z -62- E~o U · > c~ 00000 0 O0 0 00000 o o ~ 0 u,q ~ 0 o 000 000 000 000 mOO mmmo 0 oo§~ ~D DD~ U Z ~ 0 ~ U , 0 0 ~ rD 000~0 E~ m Z~aO U Z~ Om U~ ~o Z 0 Z~ ~U Om > U d E~ © r~ ~Z ~0~ ~Om ~,Z~, ~ , UO O~ E~ M U >0 ~ d ~Z o ~ ~0~ mOO O~ 0 -63- o~ rj · o > o o o Z~ :Do O~ oc0 ~:o 0 ~o Om Z~ -64- ITEM NO. 5b DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR 25, 35, 45, 50, AND 55 FOOT CLASS 3 WESTERN RED CEDAR POLES TO J.H. BAXTER CO. IN THE AMOUNT OF $14,302.86. The formal bid process was followed in sending a Request for Question (RFQ) to six suppliers for 25, 35,45, 50 and 55 foot Class 3 Western Red Cedar Poles. Four bids were received and opened by the City Clerk on September 3, 2002, at 2:00 p.m. The poles will be used for maintenance and reconductoring projects. Appropriate funds were budgeted in the 2002/2003 Fiscal Year in Account Number 800.3646.690.000. The bids were evaluated by Staff and the lowest bidder was J. H. Baxter Co. with a total bid of $14,302.86 including tax and freight. RECOMMENDED ACTION: Award bid for 25, 35, 45, 50 and 55 foot Class 3 Western Red Cedar Poles in the amount of $14,302.86 to J.H. Baxter Co. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Stan Bartolomei, Electrical Supervisor Judy Jenney, Purchasing & Warehouse Assistant Candace Horsley, City Manager Bid Tabulation APPROVEI~ ~_t ~ ~~,~~ ,~andace Horsley, City Manager Z AGENDA SUMMARY ITEM NO. _sc DATE: September 18,2002 REPORT SUBJECT: APPROVAL OF MODIFIED SPENDING PLAN AND ADOPTION OF BUDGET AMENDMENT FOR CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) GRANT FOR FISCAL YEAR 2001/2002 On October 22, 2001 the City of Ukiah's application for 2001/2002 grant funding from the California Law Enforcement Equipment Program was approved and the City received $34,823 in funding with no local matching funds required. A public hearing was held at the November 7, 2001 City Council Meeting, and a spending plan for these funds involving front office improvements and evidence related items for the new evidence storage facility was approved by Council. On May 15, 2002 City Council awarded a bid for the purchase of new furniture for the Public Safety front office area, in the amount of $20,000. In addition, the Police Department has purchased new bikes ($2,751) for our community policing team, using these grant funds. Because the new evidence storage facility will not be completed until 2003, and the installation of new carpet and paint has delayed completion of the front office improvements, a balance of $12,070 has not yet been expended and was not encumbered or rebudgeted for 2002/03. Staff proposes to purchase new seating for the front office staff, finish electrical and mechanical improvements of the front office area, purchase two new computer monitors for the front office area to increase the use of space, and purchase evidence related items in the new evidence facility. The City Council's approval of this modified spending plan for the fiscal year 2001/02 grant funding is requested. A Budget Amendment is required to authorize the remaining expenditures ($12,070) during the current fiscal year in account 250.2001.800.902. All of the grant revenue was received, budgeted, and recorded last year. RECOMMENDED ACTION: 1. Approve modified grant spending plan; and 2. Approve amendment to the 2002/03 budget increasing expenditures in account 250.2001.800.902 by $12,070. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternate direction. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Budget Amendment worksheet APPROVED: ' ~ Manager ,~~rsley, City z 0 ITEM NO. 5d DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING ACQUISITION OF SERVICES FROM SPENCER BREWER FOR THE MANAGEMENT/PRODUCTION OF THE 2003 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $7,500 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the acquisition of services from Spencer Brewer (dba: Laughing Coyote Productions) for the management and production of the 2003 Sundays in the Park Concert Series in the amount of $7,500. Spencer is one of the original organizers and has provided these services since the beginning of the series. The contracted amount has remained constant for the past twelve years. The event is funded entirely by private sponsorship, and the funds are held in a trust account that the City administers. RECOMMENDED ACTION: 1. Receive report regarding the acquisition of services from Spencer Brewer (dba: Laughing Coyote Productions) for the management and production of the 2003 Sundays in the Park Concert Series in the amount of $7,500. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. 2003 Contract Proposal from Spencer Brewer APPROVF~: ~.~'~. ~ ,~Candace H'orsley, City Manager Proposal to Manage the 2003 Sundays in the Park Concert Series I propose to manage the 2003 Sundays in the Park Concert Series for the City of Ukiah to the same extent that I handled the project in 2002. I will coordinate all the acts, bookings of said acts, sound logistics, radio spots, radio & press releases, stage coordination, help on the poster layout, concert day opening speeches, fund raising, and general on site management at each concert. If a previously scheduled concert of my own occurs on the day of any of the SITP concerts, I will make ample arrangements. The terms are as follows: $4,500. to be paid on September 25, 2002 to Spencer Brewer. This covers all my expenses in enlisting sponsors, booking of the bands, setting up the publicity campaign and the pre-work to begin the 2003' series. An additional $500. per each of the six concerts, will be due on the day of each concert. If there are 7 concerts, the amount will be adjusted. Total: $7,500. Signed: Spencer Brewer, September 7, 2003 Accepted for the City of Ukiah: Date: AGENDA SUMMARY ITEM NO. 5e DATE: September 18, 2002 REPORT SUBJECT: AWARD OF BID TO ADVANCE: SOLAR, HYDRO, WIND POWER COMPANY FOR THE DESIGN AND INSTALLATION OF PHOTOVOLTAIC SYSTEM AT THE CIVIC CENTER ADDITION IN THE AMOUNT OF $57,000 AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT In August 2001, the City of Ukiah received a grant in the amount of $60,000 for the installation of a photovoltaic (PV) system to reduce energy consumption. The grant will expire December 31,2002, at which time any of the grant funds not used to purchase the PV system will be forfeited. It was the Council's determination to include the installation of the PV system as part of the Civic Center addition. Staff issued a Request for Proposals to qualified bidders for design and installation of the system in early August and received two responses. Advance Power of Calpella submitted a complete bid of $57,000 to install a 6-kilowatt PV system. Real Goods of Hopland submitted a bid of $26,400, plus tax to install a 3-kilowatt PV system. While the Real Goods bid appears to be substantially below the Advance Power bid, the system designed by Real Goods is inadequate for the City's needs and half the size of the full system submitted by Advance Power. The RFP specifically stated that it was the City's desire to acquire a system, which utilized the full $60,000 grant funds to create the maximum benefit of energy savings. Staff believes the system designed by Real Goods is undersized and does not meet with this intention. In addition, the 6- kilowatt system from Advance Power would maximize the rebate available from the California Energy Commission on grid-connected PV systems. On the 6-kilowatt system, a rebate of $27,000 would be available ($4.50 x 6,000 watts). As the system designed by Advanced Power will accomplish the City's goal of obtaining the optimum benefit from the funds available through the grant as well as maximizing the Energy Commission's rebate, staff is recommending award of bid to Advance Power for the design and installation of the photovoltaic system for the Civic Center addition in the amount of $57,OOO. RECOMMENDED ACTION: Award bid to Advance: Solar, Hydro, Wind Power Co., for the design and installation of a photovoltaic system at the Civic Center addition in the amount of $57,000 and authorize City Manager to execute agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine award of bid requires further consideration and remand to staff with direction. 2. Determine award of bid is inappropriate at this time and do not move to approve. Requested by: City Council Prepared by: Larry W. DeKnoblough, Community Services Director and Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: 1. Request For Proposals 2. Real Goods bid packet 3. Advance Power bid packet APPROVEp: ,~andace Ho~sley, City Manager LD/Zipl PV.Asr Attachment #1 REQUEST FOR PROPOSAL DESIGN AND INSTALLATION OF A PHOTOVOLTAIC SYSTEM ON THE 411 CLAY STREET ADDITION TO THE UKIAH CMC CENTER July 29 2002 I. PROJECT DESCRIPTION The City of Ukiah received a $60,000 grant from the California Energy Commission (CEC) under State Senate Bill SB5X, to install a photovoltaic system on the new west addition to the Ukiah Civic Center. As a result of recent changes to the CEC's Renewable Energy Program, customers of local publicly owned electric utilities are eligible to receive buydown payments on renewable energy installations. The City of Ukiah intends to apply for a buydown payment for this PV system; therefore, the system must meet all the CEC's requirements for the Renewable Energy Program described in the "Emerging Renewable Resources Account" Guidebook, Volume 3, Eighth Edition, December 2001, document number P500-01-013V3. The City is now seeking proposals from a qualified contractor to provide design and installation of the photovoltaic system. The City wishes to retain a contractor who has extensive experience designing and installing photovoltaic systems on buildings and possesses a California Class C-10 and C-46 Contractor's license. Sealed proposals will be received until 2:00 P.M. on Friday Aueust 30~ 2002, at the office of the City Clerk, 300 Seminary Avenue, Ukiah, CA 95482'. Proposals received after this date will not be accepted or considered. Those firms wishing to respond must provide proposals based upon the terms and conditions as provided by the City of Ukiah. Proposals must be signed by an authorized member of the firm to be considered as a valid proposal. The City of Ukiah reserves the right to reject any or all proposals or to waive any irregularities. H. TECHNICAL AND CONSTRUCTION REQUIREMENTS The solar PV system is expected to meet the specifications described in Exhibit A. Respondents to this RFP must indicate either that 1) they will comply with all the provisions listed in Exhibit A or 2) they cannot comply with certain of the provisions, indenti~ing specific provisions with which they cannot comply. III. QUALIFICATIONS, EXPERIENCE AND REFERENCES The Contractor must possess a valid California Class C-10 and C-46 Contractor's license. The Contractor must provide a statement of experience with the design and installation of grid intertie PV systems. The information provided should include detailed descriptions and total number of turnkey PV installations and project completion date. Project descriptions are to include sufficient information to verify comparability with this project and the name of a contact person, address and telephone number of references who may be contacted to verify the Contractor's previous performance. The Contractor should also indicate whether the company and/or its officers or principals are party to any lawsuit involving the performance of any equipment it has installed; if so, please include a summary of the issues and status. IV. SELECTION PROCEDURES The City will evaluate proposals using a number of factors, as described below: 1. Output Capacity of the PV System in kW Since the City intends to apply for a CEC buydown rebate which is based on the rated electrical output of the system, the City is very interested in obtaining the largest system possible without compromising quality or reliability for the available grant money. 2. Technical Approach Thoroughness of Contractor's proposed technical specification of the photovoltaic system will be understanding of the project. approach towards design and carefully assessed to determine 3. Project Personnel Experience The direct experience of all project personnel with system design, integration and installation will be considered closely in the evaluation of the Contractor. Demonstrated familiarity with requirements of the CEC's Renewable Energy Program is necessary for this project. The Contractor's understanding of potential problems and methods and procedures for resolving these problems throughout design, installation, system acceptance testing is important. . Past Performance on Similar Projects The Contractor's performance on similar projects relating particularly to the quality of work, promptness of performance, cost control, and overall responsiveness. 5. Current Workload of Contractor Of particular interest to the City is the Contractor's capability to staff this project adequately to meet scheduling requirements. Adequacy of the Contractor's technical and supplier resources and support staff to properly complete the project is important. V. PROJECT QUESTIONS Technical questions related to the PV system may be directed to: Ann Burck, Administrative Analyst, Ukiah Utilities, at 707-463-6286. Questions related to the new building may be directed to Larry DeKnoblough, Director of Community Services, at 707-463-6221. GENERAL PROVISIONS PROPOSAL INVESTIGATION: Before submitting a proposal, contractor shall make all investigations and examinations necessary to ascertain all requirements affecting the full performance of the contract and to verify any representations made by the City upon which the contractor will rely. If the contractor receives an award as a result of its proposal submission, failure to have made such investigations and examinations will in no way relieve the contractor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as basis for any claim whatsoever by the contractor for additional compensation. AWARD: The City of Ukiah reserves the right to reject any and all proposals; award proposals to any breakout area separately; to waive any informality in the proposals; and to accept the proposal that appears to be in the best interest of the City. In determining and evaluating the best proposal, the prices will not necessarily be controlling element; design, quality, efficiency, general terms, delivery, suitability of the service offered, and the reputation of the service in general use will also be considered with any other relevant factors. Contractors shall be required to provide the information requested under Work Performance History_ Capability. This information will be a critical part of the proposal evaluation and award. Failure to provide this information may be sufficient reason to declare the proposal non- responsive. Contractor shall submit to the City, for approval, all Certificates of Insurance evidencing the required coverage as described under insurance requirements. (Five pages attached.) NOTE: THE CITY ADVISES ALL PROSPECTIVE CONTRACTORS TO CAREFULLY READ THE INSURANCE REQUIREMENTS. IT IS ALSO ADVISED THAT PRIOR TO SUBMITTING A PROPOSAL, CONTRACTORS SHOULD [lAVE THEIR INSURING AGENCY REVIEW THE CITY'S INSURANCE REQUIREMENTS TO DETERMINE IF THEIR CARRIER (S) WILL COMPLY WITH THE ADDITIONAL INSURED BY ENDORSEMENT AND CANCELLATION LANGUAGE THAT IS REQUIRED FOR THE CERTIFICATE OF INSURANCE. IF YOU HAVE QUESTIONS REGARDING THE INSURANCE INFORMATION CONTACT OUR RISK MANAGER, MIKE HARRIS AT 707-463-6287. The following requirements shall be included as a part of every proposal: 1) COMPLIANCE WITH LAWS & REGULATIONS: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. 2) LEGAL REQUIREMENTS & PERMITS: The contractor agrees to fully comply with all local, City, State and Federal laws, regulations and ordinances governing performance of contractual services required hereunder, and it will be the responsibility of the contractor to obtain any and ali necessary licenses, permits and/or clearances. Any costs incurred by the contractor to obtain these licenses, permits or clearances, including the actual cost of licenses, permits or clearances are the responsibility of the contractor. 3) LICENSE REQUIREMENTS - Contractor must possess a current State of California contractor's license in the appropriate category for the project identified in this Notice to Proposals and City of Ukiah business license (contact Kathy Norris at 707-463-6202 for information on business license). a) The Contractor for the work herein shall possess a valid State of California Classification License specific to the completion of the job and/or other license(s) required by the State of California or government agencies. License No. Expiration Date Contractor shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work. Employees actually performing the tasks shall provide proof of proper certificates of registration for same. b) The contractor shall keep in force a City of Ukiah business license. c) Where subcontractors/jobbers are used, contractor shall provide the City with proof of proper licenses, certificates and proof of insurance for work performed. 4) INDEMNIFY AND HOLD HARMLESS AGREEMENT - Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. NOTICE TO CONTRACTORS - Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes. Any laborer of mechanic employed to perform work on the project under this contract, which work is not covered by any of the foregoing classifications, shall be paid not less than the prevailing rate of per diem wages specified herein for the classification which most nearly corresponds to the work to be performed by him. The undersigned declares he/she is familiar with the items specified and has carefully read the requirements, checked all of the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): __ Individual Owner ~ Partnership __ Corporation Other Specify Legal Name of Contractor: Address of Contractor: Taxi. D. # -- Phone Number: Fax Number: Signature: Print or Type Name Title EXHIBIT A MINIMUM TECHNICAL AND INSTALLATION REQUIREMENTS FOR PHOTOVOLTAIC SYSTEM ON UKIAH CIVIC CENTER, 411 CLAY STREET ADDITION I. General Technical Requirements The general technical requirements are: · The relative location of the main PV system components, PV array, conduit runs, electrical boxes, inverter enclosure, critical load subpanel, utility disconnect, main service panel, and utility service entrance should conform to the basic arrangement for grid-tied PV systems shown in the attached drawing EX-4. · The electrical design of the PV system should conform to the electrical schematic for grid- tied PV systems shown in the attached drawing EX-5. · The power must be provided at 60 Hertz and at 120/240 volts single-phase. · The guaranteed power capacity is measured at the inverter AC output using PVUSA Test Conditions (PTC), i.e. 1,000 Watts/m2 irradiance, 20 degree C ambient temperature, and wind speed 1 m/sec. · The system must include all hardware needed for the solar PV. · All systems must be installed in accordance with all applicable requirements of the City of Ukiah Building Code and the National Electrical Code (NEC), including but not limited to Article 690. System must be designed and installed using UL or ETL listed components that have been available on the market for several years. The inverter(s) must comply with the following requirements: 1. IEEE 929-2000, "Recommended Practice for Utility Interface ofPhotovoltaic (PV) Systems"; and 2. UL Subject 1741, "Standard for Static Inverters and Charge Controllers For Use In Photovoltaic Power Systems" Other codes that will apply include: 3. AMSE PTC 50 4. ANSI Z21.83 5. NFPA 853 6. NFPA 70 7. UL 1741 8. IEEE 1547 (solar PV performance) (solar PV performance and safety) (solar PV's near buildings) (electrical components) (inverters and controllers) (interconnections) II. Component Specifications and Features A. Photovoltaic Modules 1. Composition of solar cell: polycrystalline silicon 2. Encapsulated solar cell efficiency: ~/= 14% 3. Module efficiency: ~/= 12% 4. Anodized aluminum frame 5. Weather resistant, conduit-ready junction box mounted on the back of each PV module. Junction boxes must have a "weep" hole for water removal. 6. Integral bypass diodes: a. one diode for every 9 to 18 series connected cells b. sized for 1.5 times the module Isc rating c. sized for greater than 1.5 times the Voc of cells bypassed 7. Industry standard mounting hole patterns 8. 25-year warranty 9. UL listed 10. Tempered, low glare glass front with polyvinyl backsheet and EVA encapsulation B. Inverter 1. Total harmonic distortion of output current: < 4% 2. Remote monitoring capability 3. Grid-interactive 4. IGBT-based electronics 5. 5-year warranty C. Wiring / Connector System Characteristics 1. Water tight, sunlight resistant, 90 C, 600 Vdc ratings 2. Mechanical protection equal to non-metallic conduit 3. Locking connectors to prevent inadvertent operation under load 4. Factory assembled for low cost 5. Receptacles available to interface to traditional conduit system 6. Load break rated variant to allow use as a means of disconnect in PV output circuits 7. Multi-wire branch circuits are not permitted to be connected to the inverter output D. Combiner Boxes 1. Combiner boxes must be UL listed III. Installation Requirements A. Photovoltaic System All components, wiring, conduit, and connections must be rated for installation on the exteriors of the buildings, except for connections to electrical service panels. Inverters shall be housed in all- weather, stainless steel enclosures suitable for exterior location. A standard utility-grade kWh meter must be installed to measure the AC output of the inverter(s). This meter should be located in close proximity to the existing billing meter and in a location accessible to utility personnel. City of Ukiah electrical personnel will be responsible for procuring and installing all utility-grade kWh meters required for the PV system. All PV modules are to be checked visually and electrically before being taken to the roof for installation. Voc and Isc are to be measured and recorded for each PV module. PV modules are to be rack mounted, facing south with a tilt angle of 30 degrees. PV module mounting racks are to be of sufficient height to ensure all modules are free of shade from the surrounding roof from 9 a.m. to 3 p.m. every day of the year. Mount PV modules on racks so that the junction box is down slope. The inverter(s) selected for the system must have a sufficiently large voltage window for peak power tracking. The effect of Ukiah's climate on the PV modules and the inverter(s) and compatibility should also be considered in the selection of the modules and inverter(s). The use of several, small string inverters may be preferable to one large inverter. The number of connections should be kept to a minimum and of the highest quality. Bad terminations result in high-resistance "hot spots" and power losses. All aluminum connections are to be coated with antioxidation grease to minimize corrosion. All connector terminals are to be crimped using a heavy-duty electricians tool and only high-grade UL listed terminals are to be used. Any twist-on wire splices used are to be waterproof and noncorrosive. If binding post terminals are used, care must be taken to ensure a good connection. Wire should be inserted in post, screw tightened, wire pulled to test connection and screw tightened again with Loctite used to secure screw. One of the most common array problems is loosening of binding post terminals from high temperatures in junction boxes. Surge arrestors are to be installed on both the DC and AC sides of the PV electrical system. Surge arrestors are to be located on all ungrounded legs of array strings and on electronic equipment and where placement will not damage other wiring or components in the event of catastrophic failure of the surge arrestor. B. Structures All structures, including array structures, shall be designed to resist dead, live, plus wind and seismic load for the Ukiah area. Systems must be able to withstand wind speeds of at least 80 MPH Also, thermal loads caused by expected fluctuations of component and ambient temperatures must be combined with all the above load combinations. All structural components, including array structures, shall be painted, coated, or otherwise protected in a manner commensurate with the minimum 25-year design life. Particular attention shall be given to the prevention of corrosion at the connections between dissimilar metals such as aluminum and steel. Where possible connections between dissimiliar metals should be avoided. The mounting racks are to be made from aluminum, stainless steel, or galvanized steel. Because the photovoltaic system will most likely outlast the roofing materials, the structural installation design should provide for easy and cost-effective repair/replacement of the roof under the photovoltaic system. C. Roof Roof penetrations (if any) must be waterproofed using a urethane caulk, such as Sikaflex 1 a, and the Contractor must provide at least a 1 O-year warranty against water leakage. Collaboration with the roofing professional responsible for the roof' s warranty at the facility may be necessary. D. Maintenance and Training The PV system must be designed to have minimum maintenance requirements and high reliability, to have a minimum 25-year design life, and to be designed for normal unattended operation. The Contractor will be expected to provide training in the operation, maintenance, and safety of their systems. E. Permits The Contractor will be responsible for obtaining all necessary City of Ukiah building permits for the facilities. F. PV System Performance and Warranties The Contractor will be required to demonstrate that the installed system meets the output performance standards. The attached "Solar Electric (PV) System Installation Checklist" which includes a system acceptance test must be submitted by the Contractor. The Contractor is expected to offer a minimum five-year performance warranty for the PV system installation. The warranty should guarantee that the system as-built will produce within 5% of the warranted kW AC at the output of the inverter (to be demonstrated initially by a successful acceptance test within 60 days following completion of the installation) using PVUSA test conditions. If system output is expected to degrade over time, the warranty should also include and warrant a degradation schedule. If the Contractor has a standard warranty agreement, please provide a copy. Attachment #2 REAL GOODS TRADING CoRpORATION Renewable Energy Division 13771 South Highway 101, Hopland, CA 95449 1= =91 FAX 1-.~03-222-870-2 .,. Bid for a Solar Electric Utility Intertie System at 411 Clay Street Addition Real Goods is pleased to present this bid to the City of Ukiah. We feel that we are the best source for solar electric utility intertie systems. Our long history in the renewable energy field provides us with a unique, deeply experienced, and very qualified perspective. Analysis The large, fiat surface area of the roof structure has been identified as the proposed location for a solar array. The Preliminary Roof Drawings indicate an array raised above the parapet level. Array size must be able to conform with two criteria: 1. The bid specifications require the array potentially function at rated output 365 days Per year from 9 a.m. to 3 p.m. 2. Ann Burck verbally specified that the army should not be visible from the surrounding terrain. The sum of these criteria require that the array must stand away from the east and west walls by over 20 feet to avoid shading at the winter sOlstice. The solar army must also stand back from the south wall to a lesser extent in order to avoid shading by the southern parapet. Thisleaves a viable footprint in the center of the main northern roof area to deploy the array. Please see the Shading Analysis in the Appendix. The army we propose takes best advantage of the shade free space by using the highest efficiency modules available. These are Astropower 120 watt modules with single crystal silicon cells. The proposed array is factory rated at 3,360 watts. This size array would be eligible under the CEC Buydown program for a maximum rebate of about $12,500. The City may wish to consider the option of devoting the pitched roof on the south side of the building as an alternative solar module site. It would appear to offer a much larger surface area without the dramatic shading of a surrounding parapet wall. Thc primary drawback appears to be the potential shading of the army that may occur from the large communication tower located to the southeast of this army location. This shading may not necessarily result in significant army losses, and the City is advised to consider it as a real alternative for a larger system that does not present a conflicting visual style from the street. The following system design is predicated upon using the flat roof as the module site. If the City wishes to consider the south sloping roof area, another proposal would be submitted. System Description The system shall consist of 28 Astropower AP120 solar modules. These modules will be deployed as seven groups of four modules side by side. Each group of four will measure approximately 58 inches in width (east/west dimension) and 108 inches in length. At a 30° elevation, a rail of 108 will stand 54 inches tall. The parapet appears to vary from about 48 inches tall on the north wall to as much as 60 inches on the south wall due to the drainage pitch. The array mounts will attach to load. beating members as specified by the architect and all penetrations will be sealed by the roofing specialist in a fashion similar to that detailed in the preliminary roof plan page AS.. The proposed system makes use of standard UniRac adjustable pitch solar mounting structures. This will allow the panels to be pitched up to the thirty degree angle specified.' However, it may be necessary to reduce the pitch of the array by as much as five degrees in order to prevent the army from extending above the plane of the parapet. It is possible that having the array above this plane is acceptable from line of sight views in the Clay Street area. This bid asserts that a minor variance from 30 degrees represents a trivial influence on system performance. Actual array pitch shall be adjusted to approach 30° tilt from the horizontal without showing the array from the City specified street location(s). The modules shall be wired as two groups of fourteen modules in series. This creates two parallel strings of modules, each of which has an open circuit voltage of just under 300 vdc, and a current of about 7 amps for each string. The two strings are joined together at an Outback solar array combiner box located on the roof. This box provides a breaker for each string as well as a convenient location for bonding system ground conductor with the array frame grounding wires. From the combiner box, conduit shall be routed to a high voltage, DC rated disconnect. The disconnect enclosure will house a High Voltage DC rated Lighl~dng Protection Unit. This disconnect is followed by an SMA 2500 utility intertie inverter with digital display, The City has specified a kilowatt hour meter to follow the inverter, and a socket or the City provided meter will be included in the bid. Following the meter shall be a manual AC disconnect, allowing the system to be isolated from the AC distribution panel. This disconnect will also provide housing for an AC suxge suppressor. Termination of the system circ~ts wi//occaw at the building distribution center. PG&E now requires the AC disconnect to be within 10 feet and visible from the main meter location. We intend to follow this specification unless the City requests otherwise. See the attached schematic and performance worksheet for the SMA inverter in the appendix. Installation Requirements The installation shall conform to the Installation Requirements as specified in the Bid documents with the following exceptions: A. Photovoltaic Army The requirement for module junction boxes to be mounted "down slope" cannot be satisfied with modules oriented in a "Landscape" orientation. Structures All mounting components will be either aluminum or stainless steel. We do not see a need to paint or otherwise coat these components. System Performance and Warranties -- Astropower solar modules are provided with a twenty year warranty. The warranty is qualified further, stating that Astropower will repair or replace modules with output less than 90% of rated output (STC) for the first 10 years, and will repair or replace modules with an output of less than 80% of module rating for the second l0 years. The SMA Inverter offers a five year warranty, with the usual provisions against mis-use. Real Goods shall provide a 5 yea~ warranty on installation workmanship and other components. Solar electric systems have performance that varies with a number of environmental factors, such as insolation, ambient temperature, windspeed, and soiling on modules. The factory rating on each string of 14 modules would be 1680 watts (STC). The State of California presents a system derating of about 80% of this value, or, 1344 watts. Our experience with utility intertie Systems suggests that this is an optimistic estimate of system performance. SMA estimates that the each of the proposed inverters shall produce power values with the following temperatures: Temp. (°F) ambient 77 86 '95 104 113 122 Output (watts) 1275 1236 1198 1159 1121 1082 Real Goods shall guaranty that the system will perform at a level of 70% of the ST~ rating of the army, +/- 5%. Thus, the system shall be rated at 2,352 watts, and will deliver a yearly average of 12.9 Kw-hr per day. Project Personnel Experience Real Goods has been providing renewable energy system components and consultation for over twenty-five years. We have designed literally thousands of energy systems of all sizes, including large systems for use at remote facilities. One system in Belize makes use of a 110 kilowatt photovoltaic army. We have been the leader in presenting quality information on solar electric system design, first with off-grid applications, and now also with grid-tied systems. We have sold many grid-tie solar systems to clients who have done the installation themselves, or have hired contractors to help them. · Recently, Real Goods has acquired a CA C46 Solar Contracting licensel We now have several completed and several pending utility intertie systems. We expect to have this system installed by Ukiah Electric, a C-10 CA Contractor, as our sub-contractor. We have now done a few jobs with them and feel confident that a professional and prompt installation will result. We expect to work closely with the City and the Architect to assure that the system will be installed with the highest level of quality. Please refer to the Client list in the appendix. Project Bid Real Goods is pleased to offer the installation of this system for $26,400. This price presumes that the City is exempt from CA State sales tax. The California Energy Commission may authorize a Buydown rebate of $12,600 for the system. Please direct questions and feedback to: Douglas Bath Ph. 1-800-919-2400 x6903 Email: douglas.bath~realgoods.eom including the aCtual cost of licenses, permits or clearances are the responsibility of the contractor. 3) LICENSE REOUI~~S _ Contractor must possess a current State of California contractor's license in the appropriate category for the project identified in this Notice to Proposals and City of Ukiah business license (contact Kathy Norris at 707-463-6202 for information on business license). a) The Contractor for the work herein shall possess a valid State of California Classification License specific to the completion of the job and/or other license(s) required by the State of California or government agencies. · License No._ f~O g f)t') '-/ Expiration Date_ Contractor shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work. Employees actually performing the tasks shah provide proof of proper certificates of registration for same. b) The contractor shah keep in force a City of Uldah business license. c) Where subcontractors/jobbers are used, contractor shall provide the City wi~ proof of proper licenses, certificates and proof of insurance for work performed. 4) INDE~MNIFY AND OLD ~ESS AGREEMENT. Contractor agrees to accept aH responsibility for loss or damage to any person or entity, and to defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and aH actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or not there is concurrent, passive or active negligefice on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. NOTICE TO CONTRACTORS - Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, ~Sundays and Holidays including employer payment for health and welfare, vaCation, pension and similar purposes. Any laborer of mechanic employed to perform work on the project under this contract, which work is not covered by any of the foregoing classifications, shall be paid not less than the prevailing rate of per diem wages specified herein for the classification which most nearly corresponds to the work to be performed by him. The undersigned declares he/she is familiar with the items specified and has carefully read the requirements, checked all of' the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): __. Individual Owner Other Specify ..__ PartnersNp .__ Corporation Legal Name of Contractor: Address of Contractor: Tax I. D. ~_ Phone Number: Fax Number: Signature: Print or Type Name liDVJiliCF.: SOLliB, NYIIIO, IlilIND POWER CO. Attachment //3 P. O. Box 23,6291 N. State St. Calpeila, CA 95418 Solar & Electrical Conlractor License #620243 Energy Auditor License #84325 Phone 707=485-0588, 485-0738 Fax 707-485-0831 August 26, 2002 City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Product and systems component descriptions: Solar panels 25 year warranty. Sunny Boy inverters with displays 5 year warranty. System expected life 50 years with possible replacement or repair of inverters during this time. System requires minimal maintenance and is designed to be unattended. Quantity: 40 2 10 60 1 1 2 2 1 1 1 4 Description:' BP-SX-150S solar panels, total of 6 kW Sunny Boy inverters with displays, total of 5 kW Fast Track solar panel mounting systems Fast Jacks with roof flashing to mount solar panel mounting systems on Lockable ring meter base 30 amp fused visibly open knife switch utility disconnect Heavy duty, 600 volt DC, fused 3 pole disconnects raintight Heavy duty, 600 volt DC, 3 pole disconnects indoor Load Center with two 15 amp double pole breakers for inverter output. AC surge arrestor DC surge arrestor Solar panel end connectors All necessm), wiring and conduit between solar panels, inverters and meter socket. Total system installed costs. $57,000.00 This system is rated by the CEC to produce an average of 24.6 kWH per day annually. Advance Power will warranty this installation for 5 years to be free from defects in workmanship and components from the time of insta__!!ation completion . Advance Power also warrants the system output as per PVUSA & CEC guidelines for a period of not more than 5 years, from the time of installation completion, to be within 5% of expected output. Schedule ofbilling and payments: ITEM NO. 5f. DATE: SePtember 18, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVE CITY OF UKIAH'S STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2002~2003 The City Council is to review and approve the City of Ukiah's Statement of Investment Policy on an annual basis. Attached you will find the policy document that incorporates revisions in the Califomia Code (AB609 Kelley) which became effective earlier this year (January 1, 2002). Nancy Jones, Managing Director with Public Financial Management (PFM), has recommended a few changes, as noted · in the attached draft investment policy document with appropriate strikeouts and underlined additions to the text. RECOMMENDED ACTION: Review and approve the City of Ukiah's Statement of Investment Policy dated July 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: Vote not to approve investment policy and direct staff with other options. Requested by: Prepared by: Coordinated with: Attachments: APPROVED: Nancy Jones, PFM Albert T. Fierro, Assistant City Manage Candace Horsley, City Manager State of Inves~me,nt Policy July 2002 Can-dace Horsley, City Manager mfh:ASRCityCouncil 2001:727 CITY OF UKIAH STATEMENT OF INVESTMENT POLICY I. PURPOSE July ')nnl 2002 ~'-VV The purpose of this document is to establish and organize investment policies, which will govern the investment activities of the City of Ukiah. II. SCOPE This investment policy covers all the City's surplus funds and investments (except retirement funds) and investment activities under the direction of the City. Investment of bond proceeds will be further restricted by the provisions of relevant bond documents. The investment policies of the City of Ukiah are based on state law and prudent money management practices. All funds will be invested in accordance with this Investment Policy and applicable California Government Codes, including sections 53601 and 53635, et seq. III. OBJECTIVES The primary objectives of the City, in order of priority, shall be: 1 ) Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the portfolio. 2) Liquidity: The investment portfolio of the City will remain sufficiently liquid to enable the City to meet its cash flow requirements. 3) Yield: The investment strategy of the City shall be to earn a reasonable investment return, considering current market conditions, and within the parameters set forth by priorities (1) and (2) above. An adequate percentage of the portfolio shall be maintained in liquid, short-term securities that can be converted into cash if necessary to meet forecasted disbursement requirements. The portfolio shall also be appropriately diversified to avoid unreasonable and avoidable risks regarding specific security types or individual financial institutions. IV. POLICIES . Public Funds: It is the policy of the City of Ukiah to invest public funds in a manner which will provide the maximum safety and liquidity, while earning an investment return consistent with the objectives and parameters set forth by this policy. . Prudent Investor Rule: Ukiah operates its investments program under the Prudent Investor Rule which states, "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." . Management Responsibilities: Management responsibility for the investment program is delegated, for a one-year period, subject to annual review and delegation, to the City Treasurer. The City Treasurer may further delegate day-to- day management of the investment program to a professional external investment advisor. . Internal Controls: A system of internal controls shall be established and documented in writing by the Finance Director. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Ukiah. Controls deemed most important include: minimization of opportunities for collusion, separation of duties, separation of transaction authority from accounting and recordkeeping, avoidance of bearer-form securities, specific limitations regarding securities losses and remedial actions, written confirmation of all transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and proper review and approval of brokerage accounts and investment transactions. . Safekeeping, Custody, and Delivery: The City's investments shall be held in safekeeping, in the name of the City of Ukiah, by a third party custodian. Investment transactions shall be executed and settled using the "delivery vs. payment" method. . Reporting: The City Treasurer shall present to the Investment Oversight Committee and City Council monthly investment reports. Required elements of the report will include type of investment, issuer, purchase and maturity dates, rating, purchase price, par, current market value as of the date of the report and the source of this valuation, and yield to maturity. These reports shall include a list of all transactions during the past month. On a quarterly basis, within 30 days following the end of the quarter, the City Treasurer will deliver to the City Manager, Investment Oversight Committee and City Council an investment report which will provide data similar to the monthly report; this report will include (I) a statement that the portfolio is in compliance with the policy or the manner in which the portfolio is not in compliance and (ii) a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. Deviations from expectations shall be reported in a timely manner and shall include recommendations for appropriate action to control adverse developments. . The Oversight Committee will meet at least every six months in order to conduct a comprehensive review of the investment activities of the City so as to insure that regulations are being adhered to and that strategies are being followed. Conflict of Interest: In accordance with California Government Code sections 1090, et seq. and 87100, et seq., officers and employees of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. All investment personnel shall comply with the reporting requirements of the Political Reform Act, to include the annual filing of Statements of Economic Interest. o Return On Investment: The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The Investment Oversight Committee will measure the portfolio against an appropriate benchmark. . Annual Review of Policy: The Treasurer shall annually render to the City Council and the Investment Oversight Committee a Statement of Investment Policy, which shall be considered at a public meeting. Any changes in the policy shall also be considered by the City Council at a public meeting. V. AUTHORIZED INVESTMENTS Generally, investments shall be made in the context of the "prudent investor rule." The City is further governed by applicable California Government Codes, including sections 53600, 53601 and 53635, et seq. Within the context of these regulations, the following investments are authorized, and further limited herein: (a) Ukiah Bonds: Bonds issued by the City of Ukiah, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department, board, agency, or authority of the City. (b) U.S. Treasuries: United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. (c) California State Obligations· Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Local Agency Obligations: Bonds, notes, warrants, or other certificates of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. To be eliqible to receive local agency deposits, a financial institution must receive; a minimum overall "satisfactory rating" for meetinq the credit needs of Californi~ Communities in its most recent evaluation. (e) (f) (g) U.S. Federal Agency Obligations' ~;~;~-~,~ ~ ..... '~ by r..~..,.~ ~ ......... ~: .... '%-~kJIl'~r..~l%l~,,Fi Ig IUQUgM ~UI II~g Igl ggg~glUJlVggl Ig~gl~l I~ll~ U~iii~g1 lgUglgl IllJgllllg~l~jg glggl[ g~lll~gI Ig~gl~l IlglllV Iggll U~iii~gi VI I I~11 U~gll I ~1 I III IlgJl ~JlVI I I IgJgg! gl . ~, ~u,~, ,,,~,u,,,~,,~ ~,, O~ ~ ,~u~,~; ~' ~ ~ ..... ~ ~ ..... ~ ....... ~, ,, ~, ,~, ~ ~, ,,~, ~, ,~= Federal a~ency or united States government-sponsored enterprise obligations, paAicipation~or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government enterprises. Bankers Acceptances: Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances. Purchases of bankers' acceptances may not exceed 180 days maturity or 40% of the portfolio. Commercial Paper: Commercial paper ranked "PI" by Moody's Investor Services or "Al" by Standard and Poor's, and issued by domestic corporations having assets in excess of $500,000,000 and having an "A" or higher rating on its long term debt as provided for by Moody's. e¢ Standard and Poor's. or Fitch Financial Services. Purchases of eligible commercial paper may not exceed 180 270 days to maturity nor represent more than 10% of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 15 25 % of the portfolio~ A.. ~.~;,;^~.., i~o~ +"'*"I .-.:.~r~o/_ ...:,~. .... .'r..,;.. bc" .....*"-' .... ,-,,-,,,,,-,, ,~,0~' a ~.~ II,/, ,-,, .,,. ,u ,.,, ,, ,.. ~,,-,, ,,..,,.. may ..... · m ....... ;"' papcr if *~-'- '"--" ...... ;,-~,*,-,~ cf '"'"' "' "'"' ""~ ..... ,-,,-, ...... ,..,~, ,,,.,~ avorago ,-,-,.-,+, ,,-:*,, +~'"' amouR[ I¥~,.~,.,~l.g~.,I III ~..?gllllllglglr..~l ~r..~.~gI Uggg IIg[ gAgggU g I (h) Negotiable Certificates- Negotiable certificates of deposit issued by a nationally or state-chartered bank or a state or federal savings institution, or a state-licensed branch of a foreign bank ("Yankee CD"). Purchases of negotiable certificates of deposit may not exceed 30% of the portfolio. (i) Repurchase Agreements: The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement. The maturity of repurchase agreements shall not exceed 365 days. The market value of securities used as collateral for repurchase agreements shall be valued at 102% or greater of the funds borrowed against those securities at all times and shall be monitored daily by the investment staff. In order to conform with provisions of the Federal Bankruptcy Code, which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be direct obligations of the United States or any agency of the United States as described in (b) and (e). In addition, the City may enter into repurchase agreements only with "primary dealers" as designated by the Federal Reserve Bank of New York. All securities underlying Repurchase Agreements must be delivered to the City's custodian bank (delivery vs. payment) or be handled under a properly executed "tri-party" repurchase agreement. The market value must be recalculated each time there is a substitution of collateral. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement. (J) Reverse Repurchase Agreements: The City may invest in reverse repurchase agreements only with "primary dealers" with which the City has entered into a master repurchase agreement contract. The City may invest in reverse repurchase agreements with the following conditions' Reverse repurchase agreements may be used only after prior approval of the City Council. The City may only use reverse repurchase agreements to (1) cover a temporary cash shortage, or (2) augment earnings. Reverse repos may not be used to leverage the portfolio. In addition: If a reverse repurchase agreement is authorized, it may be utilized only if the security to be sold on a reverse repurchase agreement has been owned and fully paid for by the City for a minimum of 30 days prior to the sale; the total of all reverse repurchase agreements on investments owned by the City does not exceed 20% of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of the security using a reverse repurchase agreement and the final maturity date of the same security. The proceeds of the reverse repurchase agreement may not be invested in securities whose maturity exceeds the term of the reverse repurchase agreement. (k) Medium-Term Notes: The City may invest in all corporate and depository institution debt securities with a maximum remaining maturity of five year or less, issued by corporations organized and operating within the United States, or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated "A" or better by a nationally recognized rating service. Purchase of medium-term notes may not exceed 30% of the portfolio. Money Market Funds: Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment these companies shall either: (i) attain the highest ranking or highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (ii) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). The purchase price of shares of beneficial interest purchased shall not include any commission that these companies may charge and shall not exceed 20 percent of the City's portfolio. (m) Local Agency Investment Fund: The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted under Section 16429.1 of the Government Code. Current maximum is $30 40 million. (n) Time Deposits: The City may invest in non-negotiable time deposits FDIC insured or fully collateralized in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. All time deposits must be collateralized in accordance with the California Government Code section 53561, either at 150% by promissory notes secured by first mortgages and first trust deeds upon improved residential property in California eligible under section (m) or at 110% by eligible marketable securities listed in subsections (a) through (I) and (n) and (o). Since time deposits are not liquid, no more than 25% of the cost value of the portfolio may be invested in this category. (o) Mortgage-Backed and Asset-Backed Securities: Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay- through bond, equipment lease-backed certificate, consumer receivable pass- through certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of "AA" or its equivalent by a nationally recognized rating service and having an "A" or higher rating for the issuer's unsecured debt, as provided by a nationally recognized rating service. Purchase of securities authorized by this subdivision may not exceed 20% of the agency's surplus money that may be invested pursuant to this section. Credit criteria listed in this section refers to the credit quality of the issuing organization at the time the security is purchased. The maturity limits are applied at the time of purchase. VI. INELIGIBLE INVESTMENTS The City may only invest in those obligations authorized by this policy. The City shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages, or in any security that could result in zero interest accrual if held to maturity. However, the City may hold prohibited investments until their maturity dates. VII. PORTFOLIO LIMITS AND DIVERSIFICATION . Maximum Investment Maturity: Unless otherwise noted within this investment policy, the City may not invest in a security with a maturity that exceeds five years from the date of purchase. Investments which exceed five years in maturity require authority granted by City Council before purchase. Written authority of the City Council must be granted specifically or as part of an investment program no less than three months prior to the date of purchase. . Maximum Portfolio Average Maturity: The target maximum average maturity of the City's investment portfolio shall not exceed 2.5 years to control overall exposure to interest rate risk. . Diversification' With the exception of obligations of the United States Government and its Agencies, no more than 10% of the portfolio may be invested in the securities of any single issuer. Adopted on the~ day of ,2002, by the Ukiah City Council. Signed' Attest: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 4: Fin: I nvest02. Poi ITEM NO. DATE: SEPTEMBER 18, 2002 AGENDA SUMMARY REPORT SUBJECT: ACCEPTANCE OF WORK AS COMPLETE FOR ADA CURB RAMPS, PHASE 4 PROJECT, SPECIFICATION NO. 01-10, AND AUTHORIZE FILING OF NOTICE OF COMPLETION WITH COUNTY RECORDER SUMMARY: The City Council awarded the construction of the ADA Curb Ramps, Phase 4 Project, Specification No. 01-10 (Project), to Ferranti Construction, Inc. on May 15, 2002. The Work of the Contract for the construction was completed on July 20, 2002 in substantial compliance with the Contract Documents and executed change orders. The original bid price was $44,486.10. Payment made to the Contractor for the Work completed, based on the unit prices bid for contract item quantities actually installed and other lump sum adjustments as provided under the change orders issued, totaled $48,682.20. 2001-2002 budgeted funds for the project were provided in accounts 340.9649.250.000 ($12,161) and 699.3110.800.015 ($36,521.20). The Work was completed in a very satisfactory manner and the Contractor is to be recognized for a job well done. Council is requested to accept the work as complete and direct that the Notice of Completion be filed. RECOMMENDED ACTIONS: 1. Accept the Work for ADA Curb Ramps, Phase 4 Project, Specification No. 01-10 as complete. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for recordation. ALTERNATIVE COUNCIL POLICY OPTION: None Requested by: Diana Steele, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Civil Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Completion for ADA Curb Ramps, Phase 4 Project, Specification No. 01-10. APPROVED: ~(~,-,.~ .~l.~andace ~lo;sley, City Manager Please Return To: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following Municipal Corporation whose address is: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 . That the nature of the title to the ADA Curb Ramps Phase 4, Specification 01-10 of said owner is that of fee simple. . That on the day of July 20, 2002 the physical work of the Contract was actually cOmpleted and that on September 18, 2002 the City Council of the City of Ukiah accepted the Work as complete. , That the name and address of the Contractor is Ferranti Construction, Inc., P.O. Box 259, Redwood Valley, California 95470. . That the real property herein referred to is situated in the County of Mendocino, State of California and is described as City owned property located at: ~ Southwest corner of Bush Street and Clay Street, (2) Northwest corner of Bush Street and Clay Street, (3) Southwest corner of Dora Street and Clay Street, (4) Northwest corner of Dora Street and Clay Street, {5) Southeast corner of Dora Street and Stephenson Street, ('6) Southeast corner of Dora Street and Standley Street, (7) Southwest corner of Bush Street and Standley Street, (8) Southeast corner of Bush Street and Standley Street, (9) Southwest corner of Pine Street and Standley Street, ('10) Southeast corner of Pine Street and Standley Street CITY OF UKIAH, a Municipal Corporation BY: Shannon Riley, Deputy City Clerk STATE OF CALIFORNIA COUNTY OF MENDOCINO Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that the content thereof and the same is true of her own knowledge. Marie Ulvila, City Clerk Subscribed and sworn to before me this day of September , 2002 Notary Public in and for the County of Mendocino, State of California ITEM NO. DATE: AGENDA SUMMARY REPORT 5h SEPTEMBER 18, 2002 SUBJECT: ACCEPTANCE OF WORK AS COMPLETE FOR MENDOCINO DRIVE SIDEWALK IMPROVEMENT PROJECT, SPECIFICATION NO. 00-06, AND AUTHORIZE FILING OF NOTICE OF COMPLETION WITH COUNTY RECORDER SUMMARY: The City Council awarded the construction of the Mendocino Drive Sidewalk Improvement Project, Specification No. 00-06, to Ferranti Construction, Inc. on June 5, 2002. The Work of the Contract for the construction was completed on August 28, 2002 in substantial compliance with the Contract Documents and executed change orders. The original bid price was $60,834. Payment made to the Contractor for the Work completed, based on the unit prices bid for contract item quantities actually installed and other lump sum adjustments as provided under the change orders issued, totaled $67,992. 2001-2002 budgeted funds for the project were provided in accounts 330.9803.250.001 ($46,000) and 699.3110.800.014 ($21,992). The Work was completed in a very satisfactory manner and the Contractor is to be recognized for a job well done. Council is requested to accept the work as complete and direct that the Notice of Completion be filed. RECOMMENDED ACTIONS: 1. Accept the Work for Mendocino Drive Sidewalk Improvement Project, Specification No. 00-06 as complete. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for recordation. ALTERNATIVE COUNCIL POLICY OPTION: None Requested by: Diana Steele, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Civil Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Completion for Mendocino Drive Sidewalk Improvement Project, Specification No. 00-06. APPROVED: ~ ,.~Candace ~orsle~/, Ci~vlanager Please Return To: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following Municipal Corporation whose address is: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 , That the nature of the title to the Mendocino Drive Sidewalk Improvements, Specification 00-06 of said owner is that of fee simple. , That on the day of August 28, 2002 the physical work of the Contract was actually completed and that on September 18, 2002 the City Council of the City of Ukiah accepted the Work as complete. , That the name and address of the Contractor is Ferranti Construction, Inc., P.O. Box 259, Redwood Valley, California 95470. o That the real property herein referred to is situated in the County of Mendocino, State of California and is described as City owned property located at: Mendocino Drive on the North side of the street between Dora Street and Gardens Avenue. CITY OF UKIAH, a Municipal Corporation BY: Shannon Riley, Deputy City Clerk STATE OF CALIFORNIA COUNTY OF MENDOCINO Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that the content thereof and the same is true of her own knowledge. Marie Ulvila, City Clerk Subscribed and sworn to before me this__ day of September , 2002 Notary Public in and for the County of Mendocino,State of California AGENDA SUMMARY ITEM NO. 7a DATE' SEPTEMBER 18, 2002 REPORT SUBJECT: PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF FEDERAL LAW ENFORCEMENT BLOCK GRANT, DISCUSSION OF FUND ALLOCATION, AND APPROVAL OF BUDGET AMENDMENT. The City of Ukiah's application for grant funding, FY 2002/03, from the Federal Bureau of Justice Assistance was approved in the amount of $29,048 with a required local City match of $3,228 for a total project award of $32,276 dollars. The Local Law Enforcement Block Grant was not included in our approved FY02/03 budget because of concerns that the grant might not be funded this fiscal year. The additional $3,228 dollars in matching funds will be transferred from the Police Department's Asset Seizure Account. The Local Law Enforcement Block Grant (LLEBG) is designed to fund projects which assist and help make Law Enforcement Officers more effective within their community. Over the last few years this grant has assisted the Department with funding for the PAL Program, the Public Safety Technology Improvement Project, installation of video cameras in patrol vehicles, and most recently the Officer Transcription project. Through the Officer Transcription project, the Ukiah Police Department has been able to reduce officer report preparation time and increase officer time on active patrol. Based on the success of this project, the Ukiah Police Department wishes to continue this project for the next year, at an estimated cost of $20,000. The department has an established contract with our existing dictation service and proposes to modify and expand it for the next fiscal year. (Continued on page 2) RECOMMENDED ACTIONS 1. Hold required Public Hearing regarding proposed project expenses. 2. Approve Transcription Project and Training Equipment purchase at a total cost of $32,276 as expenditures for the 2002/03 Local Law Enforcement Block Grant. 3. Approve amendment to the 2002/03 budget increasing revenue in account 207.0900.488.002 (2002/03 grant revenue) to $29,048, increasing revenue in account 207.0900.905.000 (miscellaneous revenue) by $3,228, and increasing expenditures in accounts 207.2001 .xxx.xxx to $32,276 for Transcription Activities and Training Equipment Improvements. ALTERNATIVE COUNCIL POLICY OPTION: Reject proposal and provide staffwith direction for alternative action. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey- Administrative Captain Coordinated with' Candace Horsley, City Manager and John Williams, Police Chief Attachments: Budget Amendment worksheet APPROVED: ,~C~y Manager PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF FEDERAL LAW ENFORCEMENT BLOCK GRANT, DISCUSSION OF FUND ALLOCATION, AND APPROVAL OF BUDGET AMENDMENT Page 2 September 18, 2002 In addition, the Ukiah Police Department wishes to use the remaining funds, $12,276, to expand our dictation services and purchase training related equipment. After two years of experience with the dictation services, the department will increase the use of these services to further increase officer productivity. Remaining funds will be used to purchase training related equipment for our officers. By obtaining training equipment, the department can increase in-house training for officers, reducing overall training costs to the City. Because of funding changes at the Federal level, the award of the grant was not anticipated in the adopted FY 2002/03 budget. To insure proper accounting for the grant, a budget amendment is necessary. The appropriate amendment is to increase grant revenue to $29,048, increase miscellaneous revenue to $3,228 (to meet the required local match), and increase expenditures to $32,276 to accommodate the Transcription and Training activities. The General Fund is not impacted by this budget amendment. Staff recommends that the City Council conduct a public hearing to consider the programs available for LLEBG funding, determine the most appropriate expenditure of funds, and approve the required budget amendment. z 0 (J (J ITEM NO: 7b DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF COMMERCIAL PROPERTY MAINTENANCE ORDINANCE SUMMARY: Last year, the City Council began discussing the concept of a Nuisance Ordinance that would combine many of the existing nuisance related provisions of the Ukiah Municipal Code into one Article, and establish new provisions for nuisances not previously addressed in the Code. At the conclusion of the discussions, the Council directed Staff to modify the Preliminary Draft, and return with a version in ordinance form for possible introduction. This Agenda item is intended to present a final version of the "Commercial Property Maintenance" (Nuisance) Ordinance for formal introduction. Final Version of the Ordinance: The final version of the Ordinance was prepared after the Council provided direction to Staff last July. Based on that direction, Staff has made the following modifications: Changing the name of the Ordinance from a "Nuisance" Ordinance to a "Commercial Property Maintenance" Ordinance; Adding a 30 to 90 day time period to repair broken or cracked windows if a reasonable Improvement Plan is submitted; Adding language that requires the Fire Marshall to determine if a structure is a fire danger; Deleting the term "unsightly" and replacing it with the terms "broken", "torn", "cracked", dilapidated" and "blighted"; and defining the term "blighted." (Continued on page 2) RECOMMENDED ACTION: Introduce the Commercial Property Maintenance Ordinance by title only. ALTERNATIVE COUNCIL POLICY OPTION: Do not introduce the Ordinance and provide direction to Staff. Citizen Advised: Copies of final the version of the Ordinance (summary) sent to interested groups, organizations, and individuals. Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1. Commercial Property Maintenance Ordinance APPROV~ ~ O~,.~ Candace H~rsley, City Manager The exact wording of each property maintenance issue can be found on pages 4-7 of the attached Ordinance. The following Table summarizes the primary issues addressed in the Ordinance, and indicates if they are currently in the Ukiah Municipal Code or are new. SUMMARY TABLE Idl II~A Idf*~ ~ PROPERTY MAINTENANCE ISSUE 1. Drainage of water onto a neighbor's property 2. Abandoned or partially destroyed commercial buildings 3. Not keeping doors and windows of a vacant commercial building closed, locked, and secured 4. Graffiti on a commercial or public building or structure that remains for more than five (5) days 5. Broken, or cracked windows in a commercial or public building; or unattractively boarded- up/obscured windows unless the structure is undergoing a remodeling project. 30 to 90 days to correct with submittal and approval of a reasonable improvement strate_qy/plan CURRENTLY IN THE UKIAH CITY CODE? X X NEW CODE LANGUAGE X 6.' Commercial buildings that are structurally unsafe or don't have legal plumbing, access, ventilation, or are a fire danger as determined by the City Fire Marshal 7. Overgrown or dead vegetation that blocks the line of sight for motorists, impedes pedestrians, provides habitat for rats and vermin, or has a unsightly blighted appearance 8. Roofs, building exteriors, walls, fences, awnings, and driveways on commercial property that are defective, broken, torn, cracked, dilapidated, or in other similar unsightly blighted condition 9. Deteriorated Parking lots that have broken pavement, large cracks, potholes, weeds growing through cracks, or other similar blighted conditions 10. Accumulated broken equipment, inoperable cars, lumber/building materials, abandoned boats, campers, etc., old furniture, and other similar junk in view from the public right-of-way 11. Keeping construction storage bins on a public street for more than 15 days without City approval X X (only for blocking line of sight for motorists) X X 1:~. Area in front of commercial buildings that lacks turf, plantings, or decorative landscaping treatments, unless there is no suitable area 13. Keeping farm animals, bees, and other animals (other than in a legally permitted kennel or pet store or approved temporary use such as a circus.) 14. Using recreational vehicles for living space in a commercial area 15. Dumping of waste matter in the public right-of-way 16. Dismantling, repairing, washing, and painting of equipment, vehicles, furniture, etc., for more than 72 consecutive hours unless included as a part of a legally land use 17. r~"f--rinr~f,-d ,~n~inhfh~ [ilil ,il lit~ ~l l~l~l ltl] Broken, dilapidated and/or abandoned signs 18. Temporary signs left displayed after the event has taken place 19. Accumulated garbage, litter, dirt piles, scrap wood, trash, gravel, concrete, refuse, hazardous materials, and other similar waste products in view from the public right-of- way X X (3 day maximum) X (yes if sign poses threat to public health and safety or is officially abandoned) X X X X 2~). Outdoor sales unless approved by the issuance of a Use Permit NOTES: 1. The above listed nuisances are summarized, and the exact language contained in the proposed Ordinance may be more comprehensive. 2. "Blighted" means deteriorated, impaired, or dilapidated. CONCLUSIONS: The Council has discussed the concept of a "Nuisance" Ordinance several times over the past year. Interested individuals and organizations have participated in the discussions, and have helped shape a reasonable and appropriate approach to addressing commercial property maintenance issues in our community. With the adoption of Commercial Development Design Guidelines, the establishment of a Community Code Compliance Coordinator position, the planting of trees along the State Street commercial corridor, and the establishment of a City "Beautification Committee", the City has been working hard to make our community look nicer. The proposed Commercial Property Maintenance Ordinance will contribute to this effort. RECOMMENDATION: Introduce the Commercial Property Maintenance Ordinance by title only. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF UKIAH, ADDING CHAPTER tl TO DIVISION 3 OF THE UKIAH CITY CODE GOVERNING THE ABATEMENT OF UNHEALTHY, UNSAFE, AND VISUAL BLIGHT CONDITIONS ON PRIVATE COMMERCIAL PROPERTY Now, therefore, the City Council of the City of Ukiah does ordain as follows: SECTION 1' Chapter 11 is hereby added to Division 3 of the Ukiah City Code, entitled: Commercial Property Maintenance: Abatement of Unhealthy, Unsafe, and Visual Blight Conditions on Private Commercial Property, to read as follows: A. a. C. D, 3400 Purpose and Scope. E. In order to further the stated goals of the City of Ukiah to promote the health, safety, and general welfare of the public by requiring a level of maintenance of private commercial property which will protect the livability, appearance and social and economic stability of the City and to protect its citizens and their commercial property from conditions detrimental to property values and community appearance, hazardous or injurious to the health, safety or welfare of the general public, or which are offensive or annoying to the senses, the City Council has determined that this Chapter is necessary to effectively abate or prevent the development of such conditions in the City of Ukiah. It is the intention of the City Council, in adopting this Chapter Codified herein, to set forth guidelines for determining what conditions on private commercial property constitute a public health, safety, and visual blight problem; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public health, safety, and visual blight conditions are not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed. It is the purpose of this Chapter to provide a fair and practical method, in addition to any other remedy available at law, whereby commercial lands or commercial buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned, or inoperable vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, property values, aesthetic standards or the general welfare of the City of Ukiah, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. Another purpose of this Chapter is to provide a program for removal of graffiti from walls and structures on private commercial property, as well as public property and to provide regulations designed to prevent and control the further spread of graffiti in the City. In addition to the abatement procedures provided herein, this Chapter declares certain conditions to be public health, safety, and visual blight nuisances and that continuance of such conditions shall be a misdemeanor. -1- Fo This Chapter is not intended to enforce Conditions, Covenants, and Restrictions (CC& R's) on property, nor to supersede them. This Chapter will be enforced uniformly within the City regardless of CC& R's. Therefore, this Chapter does not abrogate the right of any homeowners' association or private citizen to take action, legal or as otherwise provided in the CC& R's, to force compliance with the CC& R's applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this Chapter. Go Provisions of this Chapter are to be supplementary and complementary to all of the provisions of the Ukiah City Code, state and federal law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all public health, safety, and visual blight problems. H, Notwithstanding the provisions of this Chapter, any condition which would constitute a violation of this Chapter, but which is expressly authorized under any city, state or federal law, shall not be deemed to violate this Chapter. Every owner of real commercial property within the city is required to maintain such property in a manner so as not to violate the provisions of this Chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. Every occupant, lessee or holder of any interest in commercial property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty. 3401 Definitions. The following terms used in this Chapter shall have the following meanings: Ao "Commercial vehicle" means any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. This definition shall not include a commercial vehicle used as the primary source of transportation by the person owning, leasing, occupying or having charge of any such vehicle; B. "Blighted" means deteriorated, impaired, or dilapidated. C, "Cost of Abatement" means the total cost incurred by the City in connection with the abatement of a public health, safety, or visual blight nuisance including, but not limited to: 1. Any cost incurred in removing or remedying a public health, safety, or visual blight nuisance; . The following costs and fees of the City Staff for administrative services rendered by the City in connection with the inspection, notification, prosecution, and abatement procedures authorized by this Chapter: ao Notice and order, appeal and termination fees (as defined in Section 3417.A) in such amounts as are determined from time to time by -2- resolution of the City Council, provided said fees are based on a measurable estimate of the actual costs of services rendered by the department from the time of the initial complaint intake for the purpose of documenting a violation of this Chapter until the violation is corrected; bo Any attorney's fees incurred by the City in the abatement of the health, safety, or visual blight nuisance, through civil action or other wise; Co If not already included in the fees established under subsection 3, the cost of printings and mailings required under this Chapter; do All costs or expenses to which the City may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitlement; such fees to be established or revised from time to time by Resolution of the City Council; so All costs and expenses for which the City may be liable under state law arising from or related to the health, safety, or visual blight nuisance. 3. Any cost incurred by the City in collecting the costs enumerated in subsections 1 and 2 of this definition. D, "Inoperative vehicle" means any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a California public street or highway, due to removal of, damage to, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other part necessary for such movement or lawful operation. E. "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material or substance, having no substantial market value. Fo "Owner" as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls, or in the case of a vehicle, any person(s) shown on the last registration of the vehicle, or if that information is not ascertainable, the owner shall be deemed to be the occupant of the property on which the vehicle is located. G. "Property" means premises. H. "Vehicle" shall be defined as set forth in Section 670of the Vehicle Code of the State of California. Any vehicle that is abandoned, wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the city is declared to be a public nuisance. The term "vehicle" shall not include: . A vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property, and/or -3- . A vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the lawful business of a licensed dismantler, licensed vehicle dealer or a junkyard. 3402 Prohibited Health, Safety, and Visual Blight Nuisances It shall be unlawful, and it is hereby declared to be a public nuisance, for any person owning, leasing, occupying, or having charge of any commercial business or commercial property within the City of Ukiah, to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist: A. Any violation of the City of Ukiah Municipal Code. B. Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion; C. Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than six (6) months, or beyond any period of extension, after the issuance of a building permit; D. The failure to keep locked and secured from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use) buildings or structures. For purposes of this subsection vacant or abandoned buildings or structures, including walls, retaining walls, fences or structures, or building, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation; E, Any building or structure, wall, fence, pavement, or walkway upon which any graffiti is allowed to remain for more than five (5) calendar days; F. Broken or cracked windows, windows boarded-up with unpainted materials attached to the exterior of the building, or unattractive products adhered to/covering the inside of the window, unless the structure is undergoing a remodeling project. The property owner can have 30 to 90 days to correct the problem with the submittal and approval of a reasonable improvement strategy/plan. G. Overgrown or dead, decayed or hazardous vegetation which: . . May harbor rats, vermin or other disease carriers; Is an obstruction to the vision of motorists or a hazardous condition to pedestrians, bicyclists, or vehicle traffic; Constitutes a blighted appearance. H. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, or driveways which are defective, broken, torn, cracked, dilapidated, or in other similar blighted conditions. If that condition is readily visible from any public street or adjacent parcel of property and is unsightly so as to constitute a blighted condition detrimental to the property values in the immediate surrounding area or otherwise be detrimental to the public welfare; -4- J, Ko Lo M, No Oo P, Except where construction is occurring under a valid permit, any placing, keeping, storage, depositing or dumping or accumulation on any lot, parcel or tract of land, improved or unimproved, or any litter consisting of garbage, refuse, trash, dirt, refuse, litter, garbage, feces, gravel, concrete or other similar materials, or debris, and all other waste material, whether by natural or man-made causes, and whether intentionally that constitute visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; Except where construction is occurring under a valid permit if a permit is required, the keeping, storage, depositing, or accumulation on the premises of any personal property which is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the immediate surrounding area, is offensive to the senses, or is detrimental to nearby property or property values. Personal property includes, but is not limited to, junk as defined in Section 3401 herein, abandoned, wrecked, broken or neglected equipment and machinery, or dismantled automobiles or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned or inoperable motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, building materials, rubbish and debris, wood and building materials being used, or to be used, for a project of construction, repair or renovation and for which an active building permit is in existence, if required, may be stored for as long as is necessary to complete the project expeditiously. Upon expiration or cancellation of the permit or completion of the project, if a permit is not required, wood and building materials for the project must be immediately removed; Parking lots that have broken pavement, large cracks, potholes, weeds growing through cracks, or other similar blighted conditions; Keeping construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or sideyard area without the express approval of the City manager or his designee; Refuse or trash bins/dumpsters placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection; Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property; any front yard, or parkway. Any area in front of a commercial building or property which lacks turf, other planted material, decorative rock, bark, or similar landscaping treatment/materials, unless there is no area in front of the building to place these materials. Vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; -5- Qo Ro So To go V, W° X, Yo Z° BB. CC. DD. Use of parked or stored recreational vehicles as living space on commercial property; Animals, livestock, poultry or bees kept, bred or maintained for any purpose (other than a legally permitted kennel, pet store, or approved temporary use such as a circus) and in violation of any provision of the Ukiah City Code; Any building or structure which is structurally unsafe or which lacks adequate ventilation, sanitation or plumbing facilities or not provided with adequate egress, or which constitutes a fire hazard as determined by the Fire Marshal, or other hazard to safety, health or public welfare; Except where construction is occurring under a valid permit, the dumping of any waste matter in or upon any public or private street, highway, right-of-way, or in or upon any private property, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. Any other condition declared by any State, County, or City statute, code or regulation to be a public nuisance. Inoperable or abandoned trailers, campers, boats or vehicles located on commercial property in view from the public right-of way. Dismantling, disassembling, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing of any personal property such as, but not limited to, vehicles, boats, trailers, machinery, equipment, appliances, furniture or other personal property, for a period in excess of seventy-two (72) consecutive hours, unless associated with a legally permitted commercial land use. Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public; Any condition recognized in law or in equity as constituting a public nuisance; Any illegal activity occuring on property. For purposes of this Chapter, illegal activity is defined as any violation of State or Federal laws, rules or regulations, or local Ordinance. Failing or ceasing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivisions and site plans; Signs, both on-site and off-site (billboards), which are otherwise lawful but maintained in a broken, dilapidated, and/or abandoned condition; Temporary signs that advertise or are related to events which have already taken place; Allowing any unlawful condition or activity to exist in a structure; -6- EE. FF. The erection, construction, enlargement, alteration, repair, moving, demolishing or conversion of any building, structure or utility service connection without first obtaining all required permits from the appropriate city department; Outdoor sales being conducted without required permit(s). 3403 Right of Entry. To the extent, and as authorized by law, the City Manager or his/her designee may enter on property at reasonable times to make inspections in connection with the administration and enforcement of this Chapter. 3404 Notification of property owner that a declared nuisance exists on property. Whenever the City Manager or his/her designee finds that a condition declared a public nuisance, as defined by Section 3402, exists on any premises located within the City, he shall advise the property owner of the nuisance and direct the owner to abate the nuisance. The property owner shall be notified of the existence of the nuisance in writing. The notification shall describe the violations and establish a reasonable abatement period, and may also set forth suggested methods of abatement 3405 Voluntary abatement of nuisances by property owner. The owner or tenant of any building, structure or property found to be a nuisance under the provisions of this Chapter may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition as appropriate. The City shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. 3406 Failure of property owner to voluntarily abate a declared nuisance. If a nuisance is not properly abated within the period established under the provisions of Section 3405, or if required permits are not properly secured, the City Council shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the City. 3407 Notice of Public Hearing- Required A, A written notice of public hearing, substantially in the form contained in this Section 3407, Subsection B, shall be served at least ten days prior to the date set for the City Council public hearing. Bo Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, addressed to the record owner and business owner at his or her or their address as it appears on the latest equalized assessment roll of Mendocino County, or as known to the City Manager. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises. , In lieu of personally serving the owner or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows: -7- (a) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows: (1) by leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient where the copy was left; (2) by leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left. (b) In the event the person entitled to service refuses to accept certified return receipt mail or cannot be personally serviced and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in subsection l(a) of this section upon the property manager or rental agency. (c) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail. (d) If the person entitled to notice cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in a Mendocino County newspaper of general circulation, which is most likely to give actual notice of the order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. Co The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this section. Service by certified mail or first class in the manner herein provided shall be effective on the date of mailing. Service by publication shall be effective on the date of first publication. Service by personal service shall be effective upon delivery. Service by substitute service shall be effective from the date the mailing a copy of the order after substitute service. 3408 Notice of public hearing-form. Notice substantially in the following form shall be given: NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART Notice is hereby given that on (insert date) the City Council of the City of Ukiah will hold a public hearing at (insert place) to ascertain whether certain premises situated in the City of Ukiah, State of California, known and designated as (insert address or description) to constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 3402 and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such abatement, including removal of the -8- nuisance, rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Said alleged violations consist of the following: Said methods of abatement available are: All persons having any objection to, or interest in, said matters are hereby notified to attend a hearing before the City Council of the City to be held on (insert date and time) when their testimony and evidence will be heard and given due consideration DATED (insert date) City Manager of the City of Ukiah 3409 Protest must be filed. Any person contesting the existence of a nuisance shall file a written protest or objection with the City Manager at least two days prior to the date specified in the notice given pursuant to Sections 3407 and 3408 of this Chapter. Each written protest or objection must contain a description of the property and the grounds of the protest or objection. 3410 Hearing-Proceedings At the time and place stated in the notice of public hearing, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. The hearing may be continued from time to time. 3411 Hearing-Decision. A, Upon the evidence presented, the City Council shall determine whether the premises or any part thereof, as maintained, constitutes a nuisance within the meaning of Section 3402. If the City Council finds that the same constitutes a nuisance, it shall order the same abated within a reasonable time, which time shall be determined by the City Council. B, The City Council's decision shall be by written order, which shall contain the findings of the City Council upon which such determination is based. If said nuisance is not abated within the time permitted by the City Council, the City Manager/designee is authorized to enter upon the premises for the purposes of abating the same, as hereinafter provided. 3412 Time limitation for filing judicial action. Any aggrieved person who has exhausted all administrative remedies may bring any action to contest the City Council's decision, provided said action is filed with a court of competent jurisdiction within thirty days after the date of mailing such decision. Any aggrieved person to whom a copy of the decision is not mailed by first class mail must file said action within -9- 90 days of the date the decision was made by the City Council. Any action filed later than the time required by this Section shall be barred from further prosecution. 3413 Service of abatement order. Upon issuance of the City Council's written decision, the City manager/designee shall post a copy thereof conspicuously on the premises involved and shall serve a copy upon the record owner by first class and one copy shall be mailed to each of the following, if known to the department head or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises. 3414 Abatement by property owner in conjunction with order. The property owner, or person having charge or control of the property, may at his own expense, abate the nuisance as prescribed by the order of the City Council prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the City and had been abated in accordance with the order, proceedings shall be terminated. 3415 Extension of date for completion. A. Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he or she will comply with the order if allowed additional time, the City Manager/designee may, in his or her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete such abatement, if the City Manager/designee determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property, and is otherwise in the public interest. B. The authority of the City Manageddesignee to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to legally challenge the order. 3416 Enforcement of abatement order. Ao After any notice and order issued pursuant to this Chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who fails to comply with any such order or decision after notice thereof is guilty of a misdemeanor. B. If, after any notice and order has become final, the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order after notice thereof, the City Manager/designee may, without further notice; 1. Refer the person for criminal prosecution; . Institute an appropriate action to abate the conditions that constitute a public nuisance. The City Manager or his designee may cause the same to be abated by City forces or a private contractor. -10- , Whenever the City Manager or his designee determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the City Manageddesignee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. (a) Notice. The City Manager or his/her designee shall attempt to make contact through a personal interview, or by telephone, with the owner of the property or the person, if any, occupying or otherwise in real or apparent charge of the property. The City Manageddesignee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. (b) Abatement. If the City Manager or his/her designee is unable to make contact as hereinabove noted, or if the appropriate persons after notification by the City Manager or his designee do not take action within such time as may be specified by such official, then the City Manager/designee may take all actions deemed necessary in order to protect the public from harm to remove, repair or isolate such dangerous condition or conditions, with the use of City forces or a contractor engaged pursuant to the provisions of this Chapter. 3417 Record of costs of abatement-Duty to maintain-Service upon property owner. Ao If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. Costs of expenses for which the City may be reimbursed shall begin to accrue at the time the City first receives a complaint regarding a problem on the property. The costs of abatement shall include the total City cost of inspections and enforcement (excluding the actual costs of abatement which shall be itemized as set forth in subsection B), which shall be set by resolution of the City Council. An additional fee which shall be set by resolution of the City Council shall be imposed on the owner of the property at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. Costs shall be assessed at the conclusion of the abatement provided, however, in the case of the abatement by any method which takes more than six months, costs may be assessed at any time after six months, but in no event more than two times a year. Costs and expenses may be recovered even if the nuisance is corrected voluntarily, subsequent to the issuance of an abatement order. No fees shall be due and owing if an appeal is filed and the appeal is sustained. All fees shall be a personal obligation of the owner and a lien upon the property and are due and payable within thirty (30) days of issuance of the notice and order or closing of the file respectively; provided that if an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not paid within that time shall be payable to the City. -11 - B, The City Manager/designee shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized billing to the property owner which shall be due and payable within thirty days. If the owner refuses or neglects to pay the bill, a itemized report in writing shall be made to the City Council showing the cost of abatement and the rehabilitation, demolishing or repairing of said premises, building or structures, including any salvage value relating thereto; provided, that before said report is submitted to the City Council a copy of the same shall be mailed together with a notice of the time when said report shall be heard by the City Council for confirmation. Co The City Council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs, and shall serve notice thereof. D. Proof of said service shall be made by declaration under penalty of perjury filed with the City Clerk. 3418 Record of abatement cost hearing and proceedings. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the reports of such costs of abatement, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Council may make such revision, correction or modification in the report, as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. 3419 Nuisance abatement lien. A, If the nuisance abatement and related administrative costs are not paid within five days after the City Council confirms the costs of abatement, the City shall notify the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the City, the date of the abatement order, the street address, the legal description and the Assessor's Parcel Number of the parcel on which the lien is imposed, and the name and address of the owner of the parcel. The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section (415.10) of Chapter 4 of Title 5 of part 2 of the Code of Civil Procedure. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Mendocino County pursuant to Section 6062 of the Government Code. The notice of lien shall be in substantially the form provided in Section 3420(B). B, After notice is given in accordance with subsection A of this section, the notice of lien shall be recorded in the Mendocino County recorder's office and shall thereafter constitute a lien on the real property for the expense of the abatement, and the -12- Co O. 342O A. Bo related administrative costs (assessed in accordance with Section 3417(A) together with interest thereon. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Mendocino County recorder's office. The City may enforce the nuisance abatement lien by an action for a money judgment. Assessment of abatement costs against property. As an alternate to the procedure set forth in Section 3419, the City may use a special assessment procedure to collect the abatement costs. The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. ° After such confirmation and recordation a copy may be turned over to the tax collector for the county, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided of ordinary municipal taxes; or . After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Such notice of lien for recordation shall be in the form substantially as follows: NOTICE OF LIEN (Claim of City of Ukiah) Pursuant to the provisions of Chapter 11 of the City of Division 3 of the City Code of Ukiah, the City Manager (or his/her designee) of the City of Ukiah did on or about (insert date), cause the premise hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Ukiah did on (insert date), assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Ukiah does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of (insert amount); and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. -13- The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Ukiah, County of Mendocino, State of California, and particularly described as follows: (insert description) DATED: (insert date) City Manager of the City of Ukiah, California (ACKNOWLEDGEMENT) C, The City Council may order a refund of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with a City Clerk within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person. 3421 Owner's personal obligation. A, The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a personal obligation of the property owner and the City manager/designee is authorized to commence an action in the name of the City in any court of competent jurisdiction to collect the cost of abatement from the property owner. B, Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the court may order the owner to pay triple the costs of the abatement. 3422 Alternative collection methods. A civil action to foreclose a lien, the special assessment procedure and a personal action against the owner shall not be mutually exclusive and the City shall be free to use all methods simultaneously as long as the City does not receive multiple payment for the abatement costs. 3423 Alternative proceedings. A, Nothing in the foregoing sections shall be deemed to prevent the City Council from ordering the City Attorney to commence any appropriate civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the commencement of a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this Chapter, nor shall any provision herein be deemed to prevent or limit an action for private nuisance by any person. Bo Pursuant to Section 38773.5 of the Government Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney's fees, -14- provided that, pursuant to Section 38773.5, attorney's fees shall only be available in those proceedings in which the City has provided notice at the commencement of such proceedings that it intends to seek and recover attomey's fees. The City may recover its costs and attorney's fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorney's fees which may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the City obtain a double recovery. Failure of a court to award attorney's fees as part of a judgment does not preclude the City from assessing costs against the property pursuant to the procedures set forth in this section. 3424 Violation-Penalty. Ao Criminal Violations; Civil Penalties. Any responsible party, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this Chapter shall be guilty of a misdemeanor for each day such violation continues. Without limiting the enforceability of any other statue, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to the Chapter any person violating the provisions of this Chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation concerning property that is located in a commercial zoning district as authorized by Articles 6, 7, and 8 of the Ukiah City Code (as amended or supplanted) of not less than one hundred fifty dollars ($150) or more than two thousand five hundred dollars ($2500) for each day the violation continues. The City Attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this Chapter. B, Administrative penalties. In addition to criminal sanctions, civil penalties provided in this section, and other remedies set forth in this Chapter, administrative penalties may be imposed against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this Chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this code. Co Reasonable period to Correct Violations. No administrative penalty shall be imposed for violations of provisions of this Chapter unless the owner has been provided a reasonable period of time after notice thereof service pursuant to the Chapter to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this Chapter shall be thirty (30) days from service of a notice of violation unless otherwise directed by the City Council. D. Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the City Council or with any representative of a City department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this Chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this Chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this Chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor. -15- 3425 Nuisances endangering public health. Ao Whenever a nuisance endangering the public health is ascertained to exist on any premise, or in any house or other place, the health officer shall notify, in writing, any person owning or having control of, or acting as agent for such premises, house or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice. B, Upon the neglect or refusal of any owner, occupant, or agent, or other person having control of such house or other place, to comply with such notice, the health officer may abate such nuisance; and the owner, agent or occupant, or other person having control of such house or place, in addition to the penalties provided by this Chapter shall be liable to the City for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the health office shall proceed to abate such nuisance at the expense of the City, at a cost of not to exceed twenty-five dollars ($25) per day. SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this ordinance are severable. SECTION 3: This Ordinance will take effect on the 31 st day following its final passage and adoption. INTRODUCED BY TITLE ONLY ON VOTE: AYES: NOES: ABSENT: ABSTAIN: , 2002, BY THE FOLLOWING ROLE CALL PASSED AND ADOPTED this ROLE CALL VOTE: AYES: NOES: ABSENT: ABSTAIN: day of__ ,2002, BY THE FOLLOWING Phillip Ashiku, Mayor -16- ATTEST: Marie Ulvila, City Clerk APPROVED AS TO FORM: By: David Rapport, CITY ATTORNEY -17- AGENDA SUMMARY ITEM NO. 8a DATE: REPORT September 18, 2002 SUBJECT: APPROVAL OF ABANDONMENT OF RIGHT-OF-WAY IN EXCHANGE FOR GRANTS OF RIGHT-OF-WAY FOR STANDLEY STREET AND EASEMENT FROM STANDLEY STREET TO FISH HATCHERY PROPERTY SUMMARY: The current owners of three parcels of land served by and fronting West Standley Street and Gibson Creek have asked the City of Ukiah to research and correct the title to lands used for road purposes. A realignment of West Standley Street occurred in approximately 1947 and supporting documentation was never recorded. The City of Ukiah Public Works Department has utilized the services of T. M. Herman and Associates to perform the records research and mapping, and to recommend how best to remedy the situation. BACKGROUND: Mr. and Mrs. D. C Crockett (CROCKETT) granted to the City of Ukiah (UKIAH), a 30-foot wide right-of-way on April 7th, 1897 (Crockett Indenture), from the west end of Standley Street, where it ended at the east side of their property, to the east line of the Fish Hatchery grounds. The Fish Hatchery property was granted to the City by Mr. and Mrs. T. L. Carouthers on January 22, 1913. West Standley Street was later extended and was shown as Standley Avenue through Foothill Subdivision No. 1, which was filed March 18, 1946 (C1.D7.P122). This street section was later renamed to be a continuation of West Standley Street. Attachment 3-1, entitled "Alignment of 1897 Right-of-Way and Standley Avenue Extension", depicts the 30-foot wide right-of-way described in the Crockett Indenture as well as the street section referred to as Standley Avenue. In January 1947, Gus Wallace, City Engineer, performed a "Resurvey of Standley Street from Standley Avenue to Barnes Street" (Resurvey). At that time, West Standley Street crossed Gibson Creek approximately 60 feet upstream of its current crossing location. Evidence of the old bridge abutments and footings still exist at the site. The Right-of-Way Resurvey appears never to have been recorded. The alignment of that Right-of-Way as it was described to exist is shown in Attachment 3-2, entitled "Alignment of Street Right-of-Way Shown in 1947 Survey." City records do not clearly indicate when, but at some time after the 1947 Resurve.v, West Standley Street was realigned, over a new bridge. The street as it has existed since the Continued on Page 2 RECOMMENDED ACTION: Approve the relinquishment of easement to Fish Hatchery property in exchange for the granting of Right of Way for Standley Street and a new easement from Standley Street to the Fish Hatchery property. ALTERNATIVE COUNCIL POLICY OPTION: Choose not to approve the exchange and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: APPROVED BY: Jim and Ann Nix Charles and Frances Stevens Diana Steele, Public Works Director Diana Steele, Public Works Director Candace Horsley, City Manager David Rapport, City Attorney 1) Crockett Indenture 2) Plat of a Portion of Standley St, TM Herman & Associates, 01/2002 3) Exhibits Showing Existing and Proposed Right-of-Way and Easement andace He,slog, City Manager Page 2 September 18, 2002 Approve Abandonment of Right-of-Way to Fish Hatchery Property in Exchange for Granting Right of Way for Standley Street and Right-of-Way from Standley Street to the Fish Hatchery Property. realignment is shown in Attachment 3-3, entitled "Existing Road Alignment and Proposed Easement." West Standley Street is physically located over a portion land for which no record of being formally granted to the City of Ukiah has been found. However, this land has been used for the purposes of a City street since the realignment in the late 1940s or early 1950s. Likewise a portion of the land, which was granted by the Crocketts in 1897 for a road right-of-way is no longer being used for a road, and does not appear to have been used or maintained for a road since West Standley Street was realigned. West Standley Street is thought to lie partially over land owned by Jim and Anne Nix (NIX) and a small portion owned by Charles and Frances Stevens (STEVENS). Further survey work will provide more definitive information. In November of 1987, Mr. Nix addressed a memorandum to the City of Ukiah Planning Commission requesting permission to construct a cyclone fence along his northerly property line, along the south side of West Standley Street, based on security concerns. His request was treated as a variance, and the variance was denied by the Planning Commission. During those proceedings it was pointed out that the road had been physically relocated many years past without formal documentation. This caused confusion in interpreting codes as they relate to setbacks and Mr. Nix requested, through his attorney, that the "City prove where its right-of-way is." Copies of correspondence in 1989 with a local surveyor indicate that the City was pursuing that path, and several years ago funds were budgeted for Standley Street Survey and Monumentation. The funds were carried over for several years and Public Works resumed the process in September of 2001. RECOMMENDATION: It is staff's recommendation that the following transactions occur concurrently and that City Council authorize the completion of the necessary engineering, surveying and monumenting work to complete the necessary documentation of the roads, proposed easement and the existing Fish Hatchery .parcel. Professional Land Surveyor Tom Herman has stated his concurrence with this recommendation and is prepared to complete the documentation and monumentation. It is staff's recommendation that: 1. UKIAH abandon the right-of-way described in the Crockett. Indenture dated April 7, 1897. 2. NIX grant land which they own, up to 25' on either side of the centerline of West Standley Street, for the purpose of a road right-of-way and related appurtenances and activities, to UKIAH from the point of beginning described in the Crockett Indenture to the beginning of Standley Avenue as shown on the unrecorded 1947 Resurvey. 3. STEVENS grant land which they own, up to 25' on the east side of the centerline of West Standley Street to UKIAH, for a road right-of-way and related appurtenances and activities, from the point of beginning described in the Crockett Indenture to the beginning of Standley Avenue as shown on the unrecorded 1947 Resurvey. 4. NIX grant a 30' wide easement, to UKIAH over the centerline alignment of the Fish Hatchery road from its current intersection with West Standley Street, to the East line of the Fish Hatchery grounds, as described in the Crockett Indenture. This grant of easement is required to retain the City of Ukiah's access to its Fish Hatchery property. A diagram of the location of this easement is shown in Attachment 3-3. It is not staff's intent to recommend any change to Council's previous decisions related to access to the Fish Hatchery property as a matter of this Agenda Item. ATTACHMENT 1 I-- i-- Z UJ >..Z LL>- OLU Zz z(/) I --~Z w w w n~ 0 Z WI-- OZW (./3 --W ._j Z >.- n W~DZ I-- Z,.~:: Owo ~ / ~ . ~./ ,... · · · · · · · 0 I LL Z o~ W~ W Z 0 Z 3RN3A V ,~ 3 ~ o I-- Z IJJ LI,J Z LijI-- ozLU ._J Z>-- I--Z.< ~ ~ · OL~o z I.U 0 z x 0 z z 0 AGENDA SUMMARY ITEM NO. 8b. DATE: September 18, 2002 REPORT SUBJECT: AUTHORIZATION OF CITY MANAGER TO EXECUTE CONSULTING SERVICES AGREEMENT WITH EBA ENGINEERING TO PROVIDE ENVIRONMENTAL COMPLIANCE SERVICES FOR THE CITY OF UKIAH LANDFILL, WITH CONTRACT AMOUNT NOT TO EXCEED $51,226 City staff, along with Damon Brown, President of EBA Engineering, Civil and Environmental Engineers (EBA), have been meeting regularly with Regional Water Quality Control Board (RWQCB) Staff to discuss the upcoming "closure" of the City of Ukiah Landfill and the associated Waste Discharge Requirements and Final Corrective Action tasks. EBA is under contract with the City of Ukiah to solicit approval for an "Engineered Alternative" cover and to prepare the construction plans and specifications for the related construction. Closure of the landfill requires construction of an approved earthen cover "cap" as well as a rigorous program of environmental monitoring and reporting. Construction of the cap typically traps "landfill gas" which must be handled properly to avoid contamination of groundwater. Contamination is caused by groundwater coming into contact with the trapped gases. Extensive groundwater quality data have been collected by Alpha Labs of Ukiah over a period of many years, as required by the RWQCB. A standard requirement of the RWQCB is that the data be statistically trended and interpreted which has not been completed due to constraints on City staff. A requirement of the Interim Waste Discharge Requirements (WDRs), which were approved at the June 27, 2002 RWQCB meeting held in Ukiah, is that the City shall perform that analysis on the historical data, and include the historical and ongoing analysis in its routine periodic reports. Staff resources continue to be constrained such that without the help of a consultant, the City will be unable to fulfill the RWQCB's request in a timely manner, which would be a violation of the Interim WDRs. Furthermore, staff does not have the scientific expertise to analyze the data. The results of the scientific analysis will be used by the consultant to justify the elimination of testing for constituents, which are either non-detectable or are reliably tracked by the presence of another constituent. Savings are anticipated in our routine groundwater quality testing. Current RWQCB staff has "concerns" regarding groundwater impacts that City staff does not have the qualifications to analyze and respond to. EBA is fully qualified to research the data and respond to those concerns in the manner that is most beneficial to the City. Continued on Page ? RECOMMENDED ACTION: Authorize the City Manager to execute a Consulting Services Agreement with EBA Engineering to provide environmental compliance services for the City of Ukiah Landfill, with a contract amount not to exceed $51,226. ALTERNATIVE COUNCIL POLICY OPTION: Choose not to authorize the contract and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: None Diana Steele, Public Works Director Diana Steele, Public Works Director Candace Horsley, City Manager 1) EBA Engineering Proposal 2) FY 2002-2003 Budget Sheet APPROVED BY: -~andace Horsley, City Manager Page 2 September 18, 2002 AUTHORIZATION OF CITY MANAGER TO EXECUTE CONSULTING SERVICES AGREEMENT WITH EBA ENGINEERING TO PROVIDE ENVIRONMENTAL COMPLIANCE SERVICES FOR THE CITY OF UKIAH LANDFILL, WITH CONTRACT AMOUNT NOT TO EXCEED $51,226 This work will be required and have costs associated with it whether it is performed by staff or by a consultant. The expertise of the consultant and the routine nature of the work in relation to the consultant's day-to-day business should result in efficiencies and economies that will help offset the increased hourly cost of performing the work with consultant resources. Another more important benefit of having the work performed by a consultant is that the information that is collected and analyzed is needed by the consultant to develop closure strategies that are more fully integrated with and responsive to the Interim WDRs, to the Final WDRs expected to be acted on in December 2002, as well as any Final Corrective Actions (FACs) to mitigate groundwater impacts. The extent of the FACs will be unknown until the cap is constructed and the landfill reaches a behavioral equilibrium. Assigning tasks to a variety of consultants can result in gaps in accountability, inconsistency in deliverables, delays in meeting schedules, and requires extensive staff time to coordinate the work of the consultants. EBA's proposal (Attachment #1) is presented in two cost components, a one-time cost of $27,588 and a cost of $23,638 for the first annual cycle of monitoring and reporting. The one- time cost covers the historical data research, trending, and analysis, formatting and negotiating a streamlined testing program based on the results, and researching and responding on the City's behalf to concerns regarding past groundwater issues that current RWQCB staff has raised. The annual cost covers a variety of monitoring and reporting tasks related to stormwater, surface water, leachate, groundwater, and landfill gas monitoring. This work is to be funded under account 664.3401.250.001 and adequate funds were budgeted for these expenditures this year (Attachment #2). Staff recommends the City Council authorize the City Manager to execute a Consulting Services Agreement with EBA Engineering of Santa Rosa, to provide Environmental Compliance Services, as outlined in its June 13, 2002 proposal, for the City of Ukiah Solid Waste Disposal Site. The amount of this Agreement shall not exceed $51,226 without written authorization. This Agreement shall not be extended beyond one full cycle of annual reports without execution of a written Amendment. N IN £RING CIVIL & -~'NVIRONMENTAL ENGINE£R$ June 13, 2002 ATTACHMENT 1 RECEIVED JUN 3 7 CITY OF UKIAH DEPT. OF PUBLIC WORKS Ms. Dianna Steel, P.E. Director of Public Works 300 Seminary Drive Ukiah, CA 95482-5400 RE- Proposal for Environmental Compliance Services City of Ukiah Landfill Mendocino Coun .ty, California EB.4 Proposal No. P112-02 Dear Ms. Steel: EBA Engineering (EBA) is pleased to present this Proposal to provide environmental engineering services as they pertain to environmental compliance issues for the City of Ukiah Landfill. The premise for this Proposal corresponds to recent concerns raised by the California Regional Water Quality Control Board, North Coast Region (RWQCB) regarding monitoring and reporting in accordance with the facility's Waste Discharge Requirements (WDRs) and other applicable regulations, as well as development of a corrective action program (CAP) for the mitigation and/or management of known groundwater impacts at the site. The primary objective of the scope of work presented herein is to identify the various areas of non-compliance and to implement the work necessary to address the noted deficiencies. For the purpose of this Proposal, the proposed scope of work has been divided into for primary tasks. These tasks are identified as follows: Task 1 - Historical Monitoring Data Research .Task 2 - Environmental Compliance Monitoring Task 3 - Groundwater Impact Evaluation .T...ask 4 - Corrective Action Development & Implementation Specific details regarding the scopes of work for each of the aforementioned tasks and associated subtasks are presented in the following section. This information, in mm, is followed by the presentation and discussion of the corresponding costs and project schedule. L:~roposall20021112-021PROPOSAL. DOC 825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (707) 544-0784 FAX {707] 544-0866 Also in Southern California SCOPE OF WORK Task 1: Hiswrical Monitoring Data Research EBA's initial task will focus on compiling all pertinent historical monitoring data that has been collected at the site over the years. This data will include water quality analytical results for surface water, groundwater and leachate, groundwater elevation data, and landfill gas (LFG) data. EBA will generate an electronic database for the respective media to supplement future environmental compliance reporting and to assist in the groundwater impact evaluations conducted as part of Task 3. It is EBA's understanding that some analytical data is currently available in an electronic format. This data will be incorporated into the new database in order to avoid the duplication of previous efforts. For the purpose of this Proposal, it is assumed that the City will be responsible for providing EBA with copies of all the data necessary to complete this task. The second primary function of Task 1 will be to update the facility's statistical analysis program (SAP). As required by 27 CCR, {}20415(e)(7), the groundwater analytical data must be evaluated statistically to identify any "measurably significant" evidence of a potential release fi.om the landfill. Whereas a SAP using confidence intervals was developed for the site as part of the Report of Waste Discharge (ROWD) prepared by EBA in 1993, reportedly, statistical analysis of the data was never performed thereafter. As a result, the SAP needs to be updated and the corresponding confidence intervals recalculated to incorporate the historical data. Please note that updating the SAP as described above represents a one-time exercise. Whereas statistics will be performed hereafter on a quarterly basis, this service can be performed at a fi.action of the cost since it only entails the analysis of data generated during the particular quarterly event in question. Task 2: Environmental Compliance Monitoring Task 2 will entail the implementation of environmental compliance monitoring services. As part of this task, EBA will manage the various monitoring programs required at the landfill to ensure that conditions and provisions stipulated in the facility's permits and applicable regulations are implemented accordingly. These services will range fi.om project coordination, field monitoring, reporting, and regulatory liaison. In general, environmental compliance monitoring at the site encompasses three (3) primary components. These components include stormwater, surface water/leachate/groundwater, and LFG. The following subsections summarize the scope of services to be provided by EBA with respect to each of these components. Subtask 2A: Stormwater Monitoring Stormwater monitoring is required at the site as part of the facility's National Pollutant Discharge Elimination System (NPDES) permit. Sampling and analytical services associated with this monitoring is currently provided by Alpha Analytical Laboratories, Inc. (Alpha), of Ukiah, California. For the purpose of this Proposal, it is assumed that Alpha will continue to provide these services. It is further assumed that Alpha, or City personnel, will be responsible L:~proposall2OO21112-O2~PROPOSAL. DOC for performing the dry and wet weather observations and inspections required as part of the NPDES permit provisions. EBA, in mm, will be responsible for compiling the data and information generated from the aforementioned activities into an annual report that must be submitted to the RWQCB by July 1 of each calendar. The report prepared by EBA will be completed in a standard format acceptable to the RWQCB. Subtask 2B: Surface Water/Leachate/Groundwater Monitoring Surface water, leachate and groundwater monitoring is required as part of the facility's WDRs. As was the case for stormwater monitoring, Alpha is currently providing the sampling and analytical services for surface water, leachate and groundwater and will continue to provide this service under the provisions of this Proposal. EBA will work closely with Alpha throughout the process to ensure that all the necessary data is collected to fulfill the requirements stipulated in the WDRs. EBA will also be responsible for the preparation of all report submittals. Based on our understanding of the existing and proposed new WDRs, report submittals will be required on a quarterly and annual basis. The report contents will include the following information (as required): Written summary of monitoring services performed, including dates of field activities and descriptions of standard operating procedures and protocols; Site plan illustrating monitoring locations and facilities; Groundwater potenfiometric surface map; Tabulated summaries of laboratory analytical results; Copies of certified analytical reports (CARs); Updated water quality confidence intervals as determined from the SAP; and Time vs. concentration water quality graphs. All reports will be completed in a standard format acceptable the RWQCB. A draft copy of the reports will be prepared for City review. Upon receiving comments from City staff, EBA will finalize the reports and coordinate submittal of the reports to the RWQCB. Subtask 2C: LFG Monitoring Structure and perimeter monitoring for LFG is required under 27 CCR, §20919.5(b). It is EBA's understanding that the local enforcement agency (LEA) historically performed structure/perimeter LFG monitoring for the landfill. However, this service is no longer being provided. Based on these circumstances, EBA will assume responsibility for all aspects of the LFG monitoring program. EBA services will include the performance of field monitoring and subsequent reporting of the corresponding findings. In accordance with the requirements of 27 CCR, the aforementioned services will be conducted on a quarterly basis. Task 3: Groundwater Impact Evaluation Task 3 will focus on the issue of known groundwater impacts at the site. Based on recent conversations with Ms. Ten4 Kinney of the RWQCB, there are several long-standing groundwater impact issues at the site that concern RWQCB staff. These issues include the following: L:~proposafi2OO21112-O2LgROPOSAL. DOC Determination as to the source of the groundwater impacts historically observed in groundwater monitoring wells 87-1, 90-4, 90-5 and 92-1, located along the northern and western margins of the landfill footprint. Whereas the nature and extent of the groundwater impacts have been generally characterized, no determination has been made as to the source mechanism (i.e., leachate, LFG, combination thereof, etc.), nor has a feasibility study been performed to determine appropriate corrective action measures. Determination as to whether the former leachate ponds near the western toe of the landfill may be serving as a source of ongoing groundwater impacts. Whereas the ponds are no longer used for leachate containment, they are still utilized for stormwater management purposes. The RWQCB is concerned that the subgrade soils beneath the ponds may be contaminated fi.om the previous leachate containment operations and that stormwater percolating through these soils are leaching and transporting contaminants to underlying groundwater. The RWQCB would like to revisit the benzene impacts historically observed in groundwater monitoring well 90-8. Previous characterization work performed by EBA demonstrated that the benzene impacts were not landfill related. While the RWQCB staff member overseeing the project at that time was satisfied with the findings, City staff never pursued final documentation fi.om the RWQCB outlining this position. As a result, it is now within the RWQCB's authority to revisit this issue based on subsequent evaluations conducted by the new RWQCB staff member assigned to the project. In light of these concerns, EBA will conduct a comprehensive evaluation of available historical information pertaining to each of the aforementioned issues. The scope of EBA's analysis will include review of the historical analytical data compiled as part of Task 1, as well as review of previous site characterization work, including the groundwater and LFG investigations conducted by Dames and Moore and Lawrence & Associates, as well as revisiting the previous work conducted by EBA pertaining to the benzene issue. Much of EBA's research will focus on groundwater and LFG chemistry characteristics in an attempt to identify trends and relationships that may be indicative of potential source mechanisms. EBA will also identify areas of potential data gaps and establish whether additional site characterization work is needed to address the various issues accordingly. Upon completion of the evaluation process, EBA will meet with City staff' to discuss the corresponding findings. In the event the findings reveal the need for additional site characterization work, EBA will provide a list of potential options and associated costs for review and consideration by City staff'. Similar information will be presented for corrective actions if the findings reveal that additional site characterization is not warranted and the site can proceed directly into the corrective action phase. Decisions during this meeting will set the stage for the implementation of Task 4. Task 4: Corrective ~'lction Development & Implementation The final component of this Proposal corresponds to the development and implementation of corrective actions to address groundwater impacts at the site. Since the nature and scope of these activities cannot be determined until completion of Task 3, specific details regarding the proposed scope of work cannot be provided at this time. However, based on decisions made L: [oroposal[20021112-02[PROPOSAL.DOC during the Task 3 meeting, EBA will develop a detailed scope and cost estimate for services associated with the development and implementation of corrective actions. COST ESTIMATE The estimated cost to implement the scopes of work associated with Tasks 1 through 3 are presented in Table 1, enclosed at the end of this Proposal. As previously noted, a cost for Task 4 cannot be developed at this time since the scope of work associated with this task is contingent upon the findings and determinations from Task 3. Please be advised that the costs for Tasks 1 and 3 represent one-time expenses to complete the respective scopes of work. The costs for Task 2, in turn, represent annual costs to perform the routine monitoring required as part of the facility's permits and applicable regulations. SCHEDULE EBA is prepared to proceed with the various tasks presented in this Proposal within 2 weeks of receiving a notice to proceed from the City, as well as the receipt of all the historical analytical data. The estimated time to complete Tasks 1 and 3 is four (4) to six (6) weeks, depending upon the overall volume of data requiring manual entry into the database. The completion schedule for the individual subtasks associated with Task 2, in mm, will coincide with the respective regulatory deadlines specified within the facility's permits and applicable regulations. CLOSING EBA appreciates the opportunity to present this Proposal for the City's consideration. If you should have any questions regarding the information contained herein, please do not hesitate to contact our office at (707) 544-0784. This Proposal is valid for up to 90 days. Sincerely, EBA ENGINEERING amon F. Brown, President Enclosures: Table 1 (Cost Proposal) L: ~proRosaI12OO21112-O21PROPOSAL. DOC ATTACHMENT 2 DATE: ITEM NO: . 8c September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: REVIEW AND COMMENT REGARDING THE 2002 MENDOCINO COUNTY REGIONAL HOUSING ALLOCATION PLAN PREPARED BY THE MENDOCINO COUNCIL OF GOVERNMENTS SUMMARY: The California Government Code requires the State Department of Housing and Community Development (HCD) to determine what share each county or region in the State must contribute to California's existing and projected housing needs. This determination is updated every 10 years and provided directly to the various Councils of Governments throughout the State. The Councils of Governments are then required to develop a Regional Housing Allocation Plan indicating how much housing each jurisdiction in its region will be required to plan for. The Mendocino Council of Governments has prepared the required Draft Housing Allocation Plan for Mendocino County, and is seeking comments from affected jurisdictions, organizations, and interested citizens. This Agenda item is requesting the City Council's review and comments on the Draft Plan. Summary of the Plan: The State Department of Housing and Community Development has established "low" and "middle" targets for the number of housing units that jurisdictions in Mendocino County will need to plan for in the next 7 to 10 years. The Iow number is 4,845 units and the middle number is 6,114. The middle number is recommended by the HCD for use in the Allocation Plan, and the Iow number is provided as the minimum number of units that must be planned for. (Continued on page 2) RECOMMENDED ACTION: Review and comment regarding the 2002 Draft Mendocino County Regional Housing Allocation Plan. ALTERNATIVE COUNCIL POLICY OPTION: Do not review and comment on the Plan and provide direction to Staff. Citizen Advised: N/A Requested by: Mendocino Council of Governments Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: Draft Mendocino County Housing Allocation Plan APPROVED.: ~.~.~~.~ ~ .~Candace I--~orsley, City Manager The methodology used by the HCD for determining the required number of units is described in Appendix E of the attached Draft Housing Allocation Plan. The projected Iow and middle numbers of housing units for Mendocino County are distributed in the following income levels: INCOME DISTRIBUTION Very Low Low "LOW" NUMBER OF 22% UNITS 1,066 Moderate Above Moderate TOTAL 19% 17% 42% 921 824 2,035 100% 4,445 "MIDDLE" NUMBER OF UNITS 1,345 1,162 1,039 2,568 6,114 Technical Advisory Committee: The Mendocino Council of Governments (MCOG) formed a Technical Advisory Committee (TAC) to determine whether to use the "low" or "middle" number of units for the Allocation Plan, and how the units should be allocated to each jurisdiction. The TAC consisted of Planning Department personnel from each affected jurisdiction, as well as two staff members from the MCOG. Based on the methodology used in the 1991 MCOG Housing Allocation Plan, the TAC reached consensus to use the "low" number of units as a control total. After a number of meetings, discussions concerning development constraints affecting each jurisdiction, and other factors, the TAC determined that each jurisdiction should plan for the following number of housing units over the next 7 to 10 years: ABOVE JURISDICTION VERY LOW LOW MODERATE MODERATE TOTAL PERCENT Point Arena 8 7 6 15 36 .75% Fort Bragg 85 74 66 163 388 8.00% Willits 96 83 74 183 436 9.00% Ukiah 131 113 101 249 594 12.25% Unincorporated 746 644 577 1,424 3,391 70.00% Area - County TOTALS 1,066 921 824 2,034 4,845 100.00 % What the Numbers Mean: These numbers, when accepted by the State Department of Housing and Community Development will become the targets for the preparation of the revised General Plan housing Elements of each jurisdiction. In the 1991 MCOG Housing Allocation Plan, the City of Ukiah was assigned the following numbers: JURISDICTION VERY LOW LOW MODERATE ABOVE TOTAL PERCENT MODERATE Ukiah 184 160 142 352 838 17.3% When compared with the current proposed numbers, Ukiah's required contribution is less than it was in 1991 (12.25% compared to 17.3%). This is due, in part, to the scarcity of vacant land, as well as a variety of infrastructure deficiencies. However, even with the reduction, we will be hard- pressed to actually realize the creation of 594 new units over the next 7 to 10 years. Obviously, we, like most other California communities have not achieved the construction of our "fair share" (State imposed) number of housing units from the 1991 Housing Allocation Plan. Since adoption of the General Plan in 1995, there has been less than 200 dwelling units constructed in the City limits (single-family residences, apartment units, second units, assisted living units, etc.) Regardless of how unrealistic the allocation numbers appear, Staff recommends accepting them rather than appealing or protesting, because we do have a housing shortage, and the numbers are a target not a mandate. General Plan Housing Element: While the City of Ukiah is not obligated to make sure that 594 housing units are constructed in the City limits over the next 7 to 10 years, we are required to plan for them in our General Plan Housing Element. The coming challenge will be to provide opportunity for the very Iow, Iow, moderate, and above moderate units to be constructed in the City. With the assistance of professional consultants, citizens, and interested organizations, we will develop a strategy to potentially accommodate our 12.25% fair share of Mendocino County's housing needs over the next 7 to 10 years. RECOMMENDATION: Review and comment on the 2002 Draft Mendocino County Regional Housing Allocation Plan. Mendocino Council of Governments 367 North State Street- Suite 206 - Ukiah, CA 95482 Phone (707) 463-1859 - Fax (707) 463-2212 www. mendodnocog, org August 15, 2002 To: Interested Public Agencies - distribution attached ~ From: Laurence N. Wright, Deputy Director for Long Range Planning Re: Draft Regional Housing Needs Plan (RHNP) for Review and Comment As you may know, MCOG has been preparing the Regional Housing Needs Plan (RHNP) as mandated by the State. According to the Housing & Community Development department (HCD), the purpose of this plan is "to provide projected housing need planning data, including the regional housing needs determination, for use by aH jurisdictions within the county for housing element updates." The State issues an "allocation" of numbers of housing units our region should plan to provide. Within that constraint, we then must allocate the numbers of housing units each jurisdiction in the region (i.e. County and Cities) should plan to provide. The State has authority to revise our final plan "if necessary to maintain consistency with the statewide housing need." To date we have convened an RHNP Technical Advisory Committee consisting of planning staff members fi.om MCOG, the County and the Cities. Staff of the Community Development Commission was also invited. The committee met several times in addition to other communications. The draft plan before you is a result of these deliberations. Our timetable is as follows: Distribute the Draft RHNP for comment by HCD (30 days) and by member jurisdictions (60 days fi.om the date of this notice) · Review any appeals at the November 4 MCOG meeting · Hold a public hearing and adopt the final RHNP at the December 2 MCOG meeting · Submit the Final RHNP to the State HCD by the due date of December 31, 2002. Please submit any comments or appeals by October 15, 2002, to my attention at the address on this letterhead. Those who submit comments will receive MCOG's board agenda 'for the November and December meetings. If you have any questions, please contact me at 463-1859, and I will be glad to discuss the matter with you. Ene: Distribution list Draft Regional Housing Needs Plan Mendocino County Regional Housing Needs Plan Prepared by Mendocino Council of Governments Laurence N. Wright, P.E. Deputy Director for Long Range Planning Submitted to State of California Business, Housing & Transportation Agency Department of Housing & Community Development Division of Housing Policy Development August 2002 ITEM NO. 8d DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR INFRASTRUCTURE IMPROVEMENTS AT THE UKIAH REGIONAL AIRPORT The City of Ukiah was awarded a Federal Aviation Administration (FAA) grant for infrastructure improvements at the Ukiah Regional Airport totaling $873,000 for FY 2002/03. This grant was awarded in accordance with provisions of the Federal Airport & Hiqhway Improvement Act. These monies are awarded to airports for the development and maintenance of facilities that serve the public. All airports governed by the FAA are mandated under law to be safe and well maintained under provisions prescribed by Federal law. After a careful survey by staff last year and with input from the Ukiah Airport Commission, several improvements were identified to meet FAA standards for safety. This grant will allow the City to complete the following: a) Reimbursement for acquisition of land adjacent to the airport [Ryan Property, flight path safety zone]; b) Replacement of portions of the storm drain system; c) Removal and reconstruction of pavement areas on the ramps; d) Construction of an aircraft run-up area adjacent to the South taxiway [to avoid excessive noise directed toward residential areas]; e) Development of a cargo operations center located north of the taxiway [to clear traffic congestion on the ramp]; f) Construction of an all weather perimeter access road on the east side of the runway to the Southeast airport operations center [for safety equipment access]; and g) Enclosure of an open drainage ditch parallel to the north taxiway area. The City is required to provide $45, 648 as a grant match. There funds will be provided by the Airport Fund. With the acceptance of the grant offer by the City Council, the FAA will complete a final agreement for execution. RECOMMENDED ACTION: Accept the grant offer from the FAA for infrastructure improvements at Ukiah Regional Airport. ALTERNATIVE COUNCIL POLICY OPTIONS: Vote not to approve grant offer and direct staffwith other options. Requested by: Prepared by: Coordinated with: Attachments: N/A Albert T. Fierro, Assistant City Manager Don Bua, Airport Manager and Candace Horsley, City Manager 1. FAA grant offer 2. Pre-application review APPROVED: mfh :ASRCityCouncil 2001:727 andace Horsley, City Manager DEPARi~/ENT OF TRANSPORTATION FEDERAL AVIATION ADNIlNISIRATION GRANT AGREEMENT Peri1 - Offer Dote of Offer UkiaI~ f,~ur~icipr¢l Airport/Planning Area Project No. 05-06-0268-06 Contract No. DTFAOS-O2-C-51×XX TO: Cil. y of Uki~h (herein coiled the "Sponsor") FRO~,' The United States of America (octir~9 through the Federal Av;atior, Admini¢.rc:~:ion, herein called the "FAA") wti~P.E/~s, the Sponsor has submitted to the FM o Project Applic~:t;on dGted Jur~e 06, 2002 end Land Acquisition App[;cotion do[ed February 23, 2000, for o grant of Fedora! funds for c project, at` or cssociated with the Ukieh Murticipc~i A[rport/Plonnin9 Are(~ which PrOject Applicon. ion, os approved by ,'.me FAA, is hereby bcorporeted herein <;nd mode o port hereof; and ~E~, the FAA has epproved o project for ~,h~ Airport or Pionninej Area (herein coiled the "Project.") consisting of the following: Improve airport (storm drainage system) drainage; install perimeter fence (approx. 1,000 LF); construct run-up apron area; construct cargo apron; construct southeast access road; improve runway 15 & tax,way safety areas; acquire land for development (approx. 1.94 acres) parcel #003 -330-66 oll as more particularly described in the Project Application. FAX TRANSMITTAL J# o( I~z,- ~' 7o7 4 &7 -NOW THEREFORE, pursuant to and For the purpose or carrying out the provisions oF Title 49. United States Code, as ,~mended. and in consideration of to) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Ape[cation end its acceptance of this Offer os hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance ~ith the assurances and conditions as herein provided, THE FEDE~ AVIATION ADMINISTRATION. FOR AND ON BEHALF OF THE UNITED STATES, H~EBY OFFERS AND AGREES to pay. os the United States shore of the allowable costs incurred in accomplishing (he Project, 90 percent of the allowable project costs. TheOfferismod6°n°ndsubjectt°'hef¢l°wingterms°ndc°nditi°ns: ~~F~. ," -?,~ >- L'2 Condi t ions The maximum obligation o[ the United States payable under this offer shall be $875,000.O0. For the purposes of any future grant omendmenls which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the follo,,~ing amounts ore being specified for this purpose: $0.00 for planning . _~873.000.00 for airport development or noise program implementation. The allowable costs of the project shall no( include any costs determined by the FAA (o be ineligible for consideration as to allowability under the Act. Payment of the United States shcire or the ol!owoble project costs will be mode pursuant to and in accordance with the provisions of such recjulotions (:nd procedures os the Secretory shall prescribe. Final determination of the United States shore will be based upon the final oudEI cf the total amount o¢ allowable projed costs and settlement will be mode for any upward or downward adjustments to the Federo! sh~re of costs. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures os the Secretary shall prescribe, and agrees to comply with the assurances ~vhich were mode port of the project application. .5. The FAA reserves the right, to amend or withdraw this offer at any time prior to its acceptance by the sponsor. This offer shall expire and the United States shall not be obligated to pay any port of the costs of the project unless this offer has been accepted by the sponsor on or before Septem_b¢_r 30.. 2002, or such subsequent dote os may be prescribed in writing by the FAA. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION From: NOTICE OF PREAPPLICATION REVIEW ACTION San Francisco Airports District Office TO:MS CANDACE HORSLEY CITY MANAGER CITY OF UKIAH 300 SEMINARY AVENUE UKIAH CA 95482 Agency Number UKIAH MUNICIPAL AIRPORT, CA 02-1-3-06-0268-0602 Reference Your Preapplication Number N/A Dated: 6- 6 - 02 We have reviewed your preapplication for Federal assistance under the Airport Improvement Proqram determined that your proposal is: X eligible for funding by this agency and can compete with similar applications from other grantees. eligible but does not have the priority necessary for further consideration at this time. not eligible for funding by this agency. and have Therefore, we suggest that you: not applicable at this time file a formal application with us by (date) unknown at this time. file an application with find other means of funding this project. (Suggested Federal agency). Based upon the funds available for this program over the last two fiscal years and the number of applications reviewed, or pending, we anticipate that funds for which you are competing will be available after (month, year) not applicable at this time. You requested $715,000.00 Federal funding in your preapplication form, and we: X are agreeable to consideration of approximately this amount in the formal application. will need to analyze the amount in more detail_ A preapplication conference will not be necessary. We are recommending that it be held at on , at a.m./pm Please contact this office for confirmation. 6. Enclosures: Forms 7. Other Remarks: Organiz~io~l Un~ Address Instructions X Other (Specify) Administrative Office San Francisco Date AuumLst 17, 2002 Telephone Number 650-876-2894 San Francisco Airports District Office 831 Mitten Road, Room 210 Burlingame, California 94010-1303 FAA Form 5100-31 (6-73) ITEM NO. 8e DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF OPTIONAL REDEMPTION OF THE 1992 REFUNDING CERTIFICATES OF PARTICIPATION AND APPROVAL OF BUDGET AMENDMENT PROPOSAL: Analysis of the Civic Center debt has indicated that the City should exercise the "OPIIONAL RSDSMP¥~ON" provision of the 1992 Refunding Certificates of Participation with the Redwood Empire Financing Authority. This debt was incurred for the original Civic Center construction. Exercising this option and paying the certificates in their entirety on November 1, 2002 will save approximately $72,000 over the next three fiscal years. This payment can be accomplished by utilizing the funds currently available in the debt service fund, the scheduled payments to the fund for FY 2002/03 and an internal loan of $250,000. Continued on page 2 RECOMMENDED ACTIONS: 1) Approve a loan from Fund #910 - Workers Compensation Insurance Reserve to Fund #150 - REFA V Debt Service in the amount of $250,000.00 at an annual interest rate of 3%. 2) Approve an amendment to the 2002/2003 budget accounts: Increasing expenses in Principal Payments #150.7005.681.000 from $330,000 to $1,310,000 (increase of $980,000) and revenue in Debt Financing Proceeds #150.0700.555.000 from $0 to $250,000. 3) Approve and direct staff to instruct the trustee to notify the holders of the Certificates of Participation that they will be called as of the next principal payment date and sign documents related thereto. ALTERNATE ACTIONS: 1) Authorize refinancing the debt by entering into a new lease-purchase agreement with an annual interest rate of less than 4%. 2) Provide alternate direction to staff regarding how to proceed. Requested by: Finance Director ~ Gordon Elton, Finance Director ,~ Prepared by: Gordon Elton, Coordinated with: Candace Horsley, City Manager Attachments: 1) Civic Center Debt - Fund #150 Projection. 2) Debt Payment Sources and Uses. 3) Budget amendment worksheet ey, City Manager Page 1 of 3 Approval of Optional Redemption - continued BACKGROUND: Recently, a company that was interested in refinancing the debt for the original Civic Center construction project contacted the Director of Finance. The proposal it submitted indicated that a savings might be realized since interest rates are currently at a very low level. Interest rates on the current debt range from 6.1% to 6.3%. The current market rate for government debt is less than 4%. While considering this proposal, the Finance Director determined that an internal method of re-financing the debt should be considered. The current principal balance outstanding on the debt is $1,270,000. The November 1, 2002 interest payment is $40,857.50. The total amount necessary to pay the certificates off on November 1, 2002 is $1,310,857.50 plus some nominal trustee fees. At June 30, 2002 the resources in the Debt Service Fund #150, were $867,381.73. Additionally the budgeted rental payment revenue plus estimated interest income will provide another $248,674 of resources for debt payment. An internal loan of $250,000 would provide sufficient resources to eliminate the current debt and allow for a rental charge of $140,000 in fiscal year 2003/2004 and $110,206 in fiscal year 2004/2005. This method of paying the debt earlier is projected to save the City $72,189.57. Part of the calculation is dependant upon interest earned in the debt service fund. The actual final year rental charge and the net savings will vary as interest income differs from the 3% rate used in this projection. Three funds have balances available to be used as the source of the internal financing: Fund #110 - Special General Fund ($482,096); Fund #115 General Fund Reserve Fund ($462,796); and Fund #910 - Workers Compensation Insurance Reserve ($1,206,130). It is recommended that the loan be made by Fund #910 - Workers Compensation Insurance Reserve since it has the largest fund balance. The process of notifying the certificate holders that they will be paid in full includes formal action that must be initiated by the Trustee. The City is required to provide the Trustee with at least 30 days notice and not more than 60 days notice of intent to pay debt in advance of its maturity. If the Council takes action September 18th, the Trustee can be notified within the required time period. The notice to the Trustee must include specific language. Part of the recommended Council action is authorization for the City Manager to sign and send the notice to the Trustee and to sign any additional documents related to the early payment of the debt. Attachment #1 compares the current required payments, resources available and present and projected payment schedules. The projected payments total $490,205.69. The current payment obligation totals $562,395.26. The difference between these two amounts represents a savings to the City of $72,189.57 over the three-year period. GE :REFA V Debt payment.agn Page 2 of 3 Approval of Optional Redemption - continued Attachment #2 lists the current obligation, the resources currently available, the resources scheduled to become available during FY 2002/2003, the new inter-fund loan, and the projected future payments necessary until the inter-fund loan is completely paid back. Staff believes this action is very appropriate and recommends the outside debt be paid of early. GE :REFA V Debt payment.agn Page 3 of 3 Debt Payment Sources and Uses Attachment #2 Current Obligation Principal Interest Total 11/1/02 Princ. & Int. 5/1/03 Interest 11/1/03 Princ. & Int. 5/1/04 Interest 11/1/04 Princ. & Int. 5/1/05 Interest 11/1/05 Princ. & Int. TOTAL 6.10% 330,000.00 40,857.50 370,857.50 30,792.50 30,792.50 6.25% 310,000.00 30,792.50 340,792.50 21,1 05.00 21,105.00 6.30% 325,000.00 21,105.00 346,105.00 10,867.50 10,867.50 6.30% 346,000.00 10,867.50 355,867.50 1,310,000.00 166,387.50 1,476,387.50 Projected Receipts and Disbursements Cash on Hand 150.101.001 6/30/02 Balance available 476,896.57 7/31/02 Monthly rent * 20,000.00 8/31/02 Monthly rent 20,000.00 9/30/02 Monthly rent 20,000.00 10/31/02 Interest income 8,674.00 10/31/02 Scheduled Debt payment (370,857.50) 10/31/02 Early debt retirement (980,000.00) 10/31/02 Inter-fund loan 250,000.00 10/31/02 Rent of Oct '02 - June '03 180,000.00 6/30/03 Interest expense 11/1/02-6/30/03 (5,000.00) 6/30/03 Principal payment (10,198.23) 7/31/03 Monthly rent 11,666.67 8/31/03 Monthly rent 11,666.67 9/30/03 Monthly rent 11,666.67 10/31/03 Monthly rent 11,666.67 11/30/03 Monthly rent 11,666.67 12/31/03 Monthly rent 11,666.67 1/31/04 Monthly rent 11,666.67 2/29/04 Monthly rent 11,666.67 3/31/04 Monthly rent 11,666.66 4/30/04 Monthly rent 11,666.66 5/31/04 Monthly rent 11,666.66 6/30/04 Monthly rent 11,666.66 6/30/04 Interest expense ** (7,194.05) 6/30/04 Inter-Fund loan Principal payment (132,805.95) 7/31/04 Monthly rent 9,183.81 8/31/04 Monthly rent 9,183.81 9/30/04 Monthly rent 9,183.81 10/31/04 Monthly rent 9,183.81 11/30/04 Monthly rent 9,183.81 1 2/31/04 Monthly rent 9,183.81 1/31/05 Monthly rent 9,183.81 2/28/05 Monthly rent 9,183.81 3/31/05 Monthly rent 9,183.81 4/30/05 Monthly rent 9,183.80 5/31/05 Monthly rent 9,183.80 6/30/05 Monthly rent 9,183.80 6/30/04 Interest expense ** (3,209.87) 6/30/04 Inter-Fund loan Principal payment (106,995.82) Cash with Trustee Interest Receivable 150.101.004 150.115.000 386,967.72 3,517.44 Total 867,381.73 887,381.73 907,381.73 927,381.73 936,055.73 565,198.23 (414,801.77) (164,801.77) 15,198.23 10,198.23 . 11,666.67 23,333.34 35,000.01 46,666.68 58,333.35 70,000.02 81,666.69 93,333.36 105,000.02 116,666.68 128,333.34 140,000.00 132,805.95 9,183.81 18,367.62 27,551.43 36,735.24 45,919.05 55,102.86 64,286.67 73,470.46 82,654.29 91,838.09 101,021.89 110,205.69 106,995.82 (0.00) * Departments occupying the Civic Center pay a pro-rata share based on the space they occupy. ** Interest calculated at 3% Refinancing REFA V Refinancing A Debt outstanding at June 30, 2002: Principal: Interest to November 1, 2002: Interest to May 1, 2003 Civic Center Debt- Fund #150 - Projection Current Attachment #1 Proposed Civic Center refurbishing 290,000.00 1,270,000.00 Garage facility 40,000.00 40,000.00 Civic Center refurbishing 39,637.50 39,637.50 Garage facility 1,220.00 1,220.00 Civic Center refurbishing 30,792.50 - Total due at November 1, 2002 401,650.00 1,350,857.50 Resources available at June 30, 2002: Pooled Cash and investments Cash with Trustee in Reserve account Total Cash Interest receivable 476,896.57 476,896.57 386,967.72 386,967.72 863,864.29 863,864.29 3,517.44 3,517.44 Total Resources available at June 30, 2002 Budgeted rental payments for FY 2002/2003 Interest income projected July 1 - November 1, 2002 Interest income projected November 1, 2002 - June 30, 2003 Total scheduled resources available Inter-Fund loan 867,381.73 867,381.73 240,000.00 240,000.00 8,674.00 8,674.00 17,348.00 - 1,133,403.73 1,116,055.73 250,000.00 Total resources available to pay debt Payment of current debt Resources remaining after retiring current debt Interest on $250,000 inter-fund loan for 8 months at 3% interest Principal payment on inter-fund loan Resources remaining at year end June 30, 2003 1,133,403.73 1,366,055.73 (401,650.00) (1,350,857.50) 731,753.73 15,198.23 (5,0OO.00) (10,198.23) 731,753.73 Projected rental payments for FY 2003/2004 Interest income @ 3% Principal & Interest payment on current loan Interest on inter-fund loan balance at 3% interest Principal payment on inter-fund loan Resources remaining at year end June 30, 2004 175,000.00 11,095.69 (361,897.50) 555,951.92 140,000.00 (7,194.05) (132,805.95) Projected rental payments for FY 2004/2005 Interest income @ 3% Principal & Interest payment on current loan Interest on inter-fund loan balance at 3% interest Principal payment on inter-fund loan Resources remaining at year end June 30, 2005 147,395.26 5,969.38 (356,972.50) 352,344.06 110,205.69 (3,2O9.87) (106,995.82) Projected rental payments for FY 2005/2006 Interest income @ 3% Principal & Interest payment on current loan Interest on inter-fund loan balance at 3% interest Principal payment on inter-fund loan Resources remaining at year end June 30, 2005 3,523.44 (355,867.50) - (o.oo) 562,395.26 490,205.69 Total rental payments to pay debt in full Refinancing REFA V Refinancing B Qo~o Z 0 (J (J ITEM NO. 8£ DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF ADDITIONAL LINE ATTENDANT POSITION IN ELECTRIC UTILITY AND BUDGET AMENDMENT Based upon Council's approval during the Fiscal Year 2002/2003 budget hearings to utilize $68,000 per year for the next two years from the interest of the Rate Stabilization Fund, the Public Utility Division has requested the addition of a Line Attendant position to the Electric Utility staff. Staff requests authorization to add and recruit for an additional Line Attendant in the Public Utility Division and authorization to amend the budget for utilization of $68,000 per year from the interest of the Rate Stabilization Fund for the next two years. RECOMMENDED ACTION: 1. Approve the addition of a Line Attendant position to the Electric Utility Department; and 2. Approve an amendment to the 2002/03 budget increasing expenditures in accounts 800.xxxx.~.000 by a total of $68,000, and authorizing a transfer of $68,000 from the Rate Stabilization Fund to the Electric Fund for the Line Attendant. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not authorize addition of Line Attendant position and budget amendment. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Public Utilities Division Melody Harris, Personnel Officer Candace Horsley, City Manager and Darryl Barnes, Director of Public Utilities 1. Budget Amendment Worksheet 3:MOU~ASRLINEA'I-I' Candace Horsley, City M~ager AGENDA R'EM NO: 8g MEETING DATE: September 18, 2002 SUMMARY REPORT SUBJECT: CONSI'DERATI'ON BY COUNCTL OF LEAGUE OF CALI'FORNI'A CtTZES RESOLUTI'ONS The League of Cities has transmitted its draft resolutions packet for City Council discussion and direction to our League representatives for the October 2002 Annual Conference. An interesting twist to this year's resolutions is that they do not seem to focus so much on city issues as state and federal issues, and while some may be worthwhile goals, the staff does not have comment on many of the resolutions. However, resolution #9, relating to the undergrounding of overhead utility lines, provides for additional funding mechanisms for undergrounding of utilities. Staff recommends approval of this resolution specifically for the funding opportunities, due to the Council's goal to keep utility rates as Iow as possible. RECOMMENDED ACTTON: Discuss and advise League representatives as to direction for voting on resolutions. ALTERNATTVE COUNCI'L POLI'CY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A 1. League of California Cities Annual Meeting notice and resolution packet Approved' ~, L,,..~.~,~,_ Candace ~orsley~-Ci[~Manager 4:CAN/ASR. LeagueReso.091802 August 20, 2002 To: MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE RE: TRANSMITTAL OF LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE MEETING NOTICE AND RESOLUTIONS PACKET The League of California Cities' Annual Conference will occur October 2-5 at the Long Beach Convention Center. Registration information has been previously sent to the city and is available at www.cacities.org. Note to City Managers and City Clerks: Please make immediate distribution of this packet to the mayor and to other city officials planning to attend the 2002 Annual Conference. If additional copies are required, we urge you to reproduce them in your city or print a copy from the League's CITYLINK Web site (http:flwww. cacities.org/2002resolutions). Additional copies are not available from the League, but a limited number will be available at the Conference. At the conference, the League's General Assembly will consider a number of policy resolutions, including two resolutions that would amend the League's bylaws. The proposed amendments relate to expanding the membership of the League's Board of Directors and expanding opportunities to participate on League policy committees. This packet contains information relating to the Annual Conference decision-making process: I. Information and Procedure Guidelines for Annual Conference Resolutions III. IV. V. VI. Location of Meetings Membership of General Resolutions Committee History of Resolutions Annual Conference Resolutions Please BrinE This Packet With You to the Annual Conference ~ -,- ~ October 2 - 5 -- Long Beach ~ ~ ~ . . . . * . * . * . * . . . . . . * . . . . . * G:\LEGISLTWPOLICY~ACRES~2002 Res Packet.doc o INFORMATION AND PROCEDURE RESOLUTIONS CONTAINED IN THIS PACKET. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the annual conference. This year ten resolutions have been presented for consideration by the annual conference and referred to the League policy committees. Each of the policy committees met on August 16, 2002 to review proposed resolutions and to formulate preliminary recommendations prior to the annual conference. The sponsors of the resolutions were notified of the time and place of those meetings. This packet contains a copy of all resolutions that have been received and assigned to policy committees. It includes the source of the resolutions, the policy committees to which they were assigned, and the preliminary recommendations of the policy committees to the General Resolutions Committee. The recommended actions reported in this packet are preliminary. CONSIDERATION OF RESOLUTIONS AT CONFERENCE. Another meeting of policy committees will be held at the annual conference on Wednesday, October 2. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss any resolution will have an opportunity to address the policy committee concerned. THE GENERAL RESOLUTIONS COMMITTEE will meet at 10:15 a.m. on Friday, October 4, at the Hyatt Regency, Long Beach, to consider the reports of the policy committees. The committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees, as well as additional city officials appointed by the League president. THE GENERAL ASSEMBLY will convene at 10:15 a.m. on Saturday, October 5, during the Annual Business Meeting in the Long Beach Convention Center to consider the report of the General Resolutions Committee. Resolutions considered by the General Assembly will retain the numbers assigned to them in this document. INITIATIVE RESOLUTIONS. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the president of the League no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is Thursday, October 3, 2002, 10:15 a.m. If the parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Any questions concerning the resolutions procedure should be directed to Linda Hicks in the Sacramento League office. (916) 658-8224 or Ihicks@cacities.org Beverly O'Neill, President League of California Cities Mayor, Long Beach II. GUIDELINES FOR ANNUAL CONFERENCE RF~OLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the board of directors. Annual conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions . The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is not of a purely local or regional concern. , Generally, the recommended policy should not restate existing League policy. . The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committees and board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws. Resolutions to amend the League bylaws require a two-thirds vote of the General Assembly for approval. iii III. LOCATION OF MEETINGS Policy Committee Meetings Wednesday, October 2, 2002 Hyatt Regency, Long Beach 200 S. Pine Avenue 1 - 2:00 p.m. 2:15 - 3:15 p,m. Administrative Services Housing, Comm. & Econ. Dev. Environmental Quality Transp. Commun. & Public Works Employee Relations Community Services Public Safety General Resolutions Committee Friday, October 4, 2002, at 10'15 a.m. Hyatt Regency, Long Beach 200 S. Pine Avenue General Assembly at the Annual Business Meeting Saturday, October 5, 2002, at 10:15 a.m. Long Beach Convention Center 300 E. Ocean Boulevard iv IV. LEAGUE OF CALIFORNIA CITIES GENERAL RESOLUTIONS COMMITTEE Annual Conference - Long Beach - October 2 - 5, 2002 Chair: Ron Loveridge, Mayor, Riverside Vice Chair: Jere Melo, Mayor, Fort Bragg Parliamentarian: Aden Gregorio, Attorney at Law, San Francisco Tom Applegate, Council Member, Newman Harry Armstrong, Council Member, Clovis Betty Boyle, Mayor, Pinole Tom Brown, City Attorney, Napa Jim Bruno, Planning Commissioner, Thousand Oaks Janice Cader-Thompson, Council Member, Petaluma John Chlebnik, Mayor, Calimesa Margaret Clark, Council Member, Rosemead Pat Dando, Council Member, San Jose Patty Davis, Council Member, Chula Vista Nancy Dillon, City Clerk, Thousand Oaks Dave Doolittle, Council Member, Yuba City Pat Eklund, Council Member, Novato Robert Emery, Deputy Mayor, Poway Rusty Fairly, Council Member, Santa Barbara Jeff Farley, Mayor, Ferndale Sally Flowers, Council Member, Artesia Audra Gibson, Council Member, Mt. Shasta James Hendrickson, City Manager, Palos Verdes Estates Peter Herzog, Mayor Pro Tem, Lake Forest Joe Hilson, Council Member, Hayward Connie Jackson, City Manager, Fort Bragg Barbara Kerr, Council Member, Alameda Lucille Kring, Council Member, Anaheim Francis La Poll, Mayor, Los Altos Bob LaSala, City Manager, Sunnyvale Linn Livingston, HR Director, Newport Beach Paul Luellig, Jr., Council Member, Barstow Roberta MacGlashan, Mayor, Citrus Heights Thomas Martin, Council Member, Maywood Shirley McCracken, Council Member, Anaheim Paul McNamara, Vice Mayor, Marysville Judy Mitchell, Council Member, Rolling Hills Estates Jim Perrine, Mayor, Marina Dale Pfeiffer, Dir. Public Works, Vacaville Angelina Reyes, City Clerk, Hayward Don Rhoads, Finance Director, Monterey Larry Ritchie, Mayor, Westmorland Don Rogers, Parks, Rec. & Comm. Svcs. Dir., Culver City Mark Rozmus, Council Member, San Marcos Dan Secord, Council Member, Santa Barbara Michael Smith, Fire Chief, Fresno Pat Stephens, Mayor Pro Tem, Soledad Rick TerBorch, Chief of Police, Arroyo Grande Jim Thalman, Council Member, Chico Hills Russell Tingley, Fire Chief, Hermosa Beach David Tyson, City Manager, Eureka Ruth Vreeland, Council Member, Monterey Billy Wallen, Council Member, Turlock Dave Wells, City Manager, Crescent City Hope Witkowsky, Council Member, Torrance Shelia Young, Mayor, San Leandro V® HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES 1. Policy Committee - Preliminary 2. Policy Committee - Final KEY TO ACTIONS TAKEN 'A - Approve D - Disapprove N - No Action 3. General Resolutions Committee 4. General Assembly R_ Action Footnotes a- * Subject matter covered in another resolution Aa - Aaa - Ra- Raa - Da- Na- W_ ** Policy Committee will make final recommendation at October 2nd meeting *** Existing League policy **** Local authority presently exists Refer to appropriate policy committee for study Amend Approve as amended Approve with additional amendment(s) Amend and refer as amended to appropriate policy committee for study Additional amendments and refer Amend (for clarity or brevity) and Disapprove Amend (for clarity or brevity) and take No Action Withdrawn by Sponsor [Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. At the 1998 Annual Conference, the League General Assembly approved Resolution #2, which established a procedure to give the General Assembly the additional opportunity to consider any resolutions approved by League policy committees but not approved by the General Resolutions Committee. Following the adoption of Resolution #2-1998, League policy now provides that: Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution.] vi Number Key Word Index Reviewing Body Action ! I 2 I 3 I 4 J Resolutions have been grouped by policy committees to which they were assigned. One resolution has been assigned to two policy committees. It is noted by this symbol ( ,). 1 - Preliminary Recommendation 2 - Final Recommendation to General Resolutions Committee 3 - General Resolutions Committee 4 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 4 1 Revising Bylaws of League of California Cities Regarding Composition of the League Board of A Directors 2'. Revising Bylaws of League of California Cities Regarding Membership Representative on Policy A Committees 3. [Deve,opmentofaSecond, UniqueZipCodeWithin I J J J the City Limits of Diamond Bar N 4. J Term Limits J D j I I COMMUNITY SERVICES POLICY COMMITTEE Jl ,5. J Citizen Corps EMPLOYEE RELATIONS POLICY COMMITTEE Jl Note J No resolutions were assigned to this policy committee J ENVIRONMENTAL (~UALITY POLICY COMMITTEE 6. Preparation of Local Coastal Plans ** 7. Proposal to Add Approximately 700,000 Acres of ** New Wilderness in Inyo and Mono Counties HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE Note I No resolutions were assigned to this policy committee vii PUBLIC SAFETY POLICY COMMITTEE 1 2 3 4 · 5. Citizen Corps A 8. Mexico's Extradition Policy A REVENUE AND TAXATION POLICY COMMITTEE II Note I No resolutions were assigned to this policy committee J I I I 11 TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE ,,, 9. Undergrounding of Overhead Utility Lines Aa 10. Speed Limits on Urban Arterial Roadways A RESOLUTIONS INITIATED BY PETITION General Resolutions General Committee Assembly Recommendation Action viii VI. ANNUAL CONFERENCE RESOLUTIONS Resolutions Referred To Administrative Services Policy Committee . RESOLUTION RELATING TO REVISING BYLAWS OF LEAGUE OF CALIFORNIA CITIES REGARDING COMPOSITION OF THE LEAGUE BOARD OF DIRECTORS Source: Board of Directors Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: (Note: Adoption of amendments or revisions of the League bylaws requires a two-thirds vote of the General Assembly at the Annual Conference.) WHEREAS, the League seeks to constitute its board of directors to provide effective political and operational leadership for the collective efforts of California's 477 cities and to be representative of the full membership of the League; and WHEREAS, increasing the total number of directors serving on the board will offer the opportunity for additional city officials active in the League to participate on the board and will provide the board the opportunity to achieve broader representation from cities of various sizes and various geographic regions, as well as individuals of both genders, various ethnic groups and different age groups; and WHEREAS, the League's political effectiveness is enhanced and the representation of a significant portion of California's city residents is ensured by the active participation on the League board by the mayors from California's largest cities, and the board traditionally secures their membership on the board by electing the mayors of large cities to most of the ten at-large seats, thus limiting the remaining at-large seats; and WHEREAS, at-large directors will perform their representation and leadership duties more effectively if their terms on the board are increased from one year to two years; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 4, 2002, that the League (1) provide for ten at-large seats on the board, and (2) provide for designated board seats for representatives from the eight largest cities, and (3) increase the term of at-large directors from one year to two years by amending1 sections 2, 3 and 6 of Article VII of the League bylaws as follows: Section 2: Composition. The League's Board is composed of the following: Bylaw language additions are indicated by underlining; deletions are indicated by s~ike cuts. 1 (a) A President, First Vice-President and Second Vice-President/Treasurer of the League, who each serve a term of one year and are elected pursuant to Article VII, section 5; and (b) The Immediate Past President of the League who serves for a term of one year, immediately succeeding his or her term as President; (c) Ten Directors-at-Large, (1) Who serve for a two-year terms e~, (2) Who are elected by the League Board at its organization meeting, and (3) At least one of whom is a representative of a sm~!! city with a population of 10,000 or less. (d) One Director to be elected from each of the regional divisions and functional departments of the League, each of whom serves for a term of two years; re) Ei_aht Directors to be desiqnated by each of the eight largest cities in California; and (f) ~ Members of the National League of Cities Board of Directors who hold an office in a Member City. (_~) For purposes of this section, city populations will be the population figures used by the State Controller in makinq the most recent allocation of subventions to cities. Directors hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors conclude. Section 3: Staggered Terms. The terms of the Directors are staggered, so that the terms of approximately one-half of the members of the League Board expire each year. (a) Even-Numbered Year Terms. The following directorship terms expire in even- numbered years: (i) Departments. eC-~e Directors from the '~"'""~"*'""""*",...-~,,..,.,, ,,., ,.., ,..,'-'¢ Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, and City Clerks departments; (ii) Divisions. Directors from a¢~ the f,',~ .... I,-,,, ,-,,,-,~,-,,,,I ,~i,,~c~ .......... ~ ,,.,~ ................. Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County divisions; and exp.,!re !n ayah (iii) At Large. Directors from five of the ten at-large directorships. (b) Odd-Numbered Year Terms. The following directorship terms expire in odd- numbered years: (i) Departments. eC-t~e Directors from i~ the ,:J¢ "' - ,~ ,,-, ,- ,', *o ,-¢ City Attorneys, City Managers, Police Chiefs, Recreation, Parks and Community Services, and Personnel and Employee Relations departments; (ii) Divisions. Directors from 3nd the ~',',' .... ~ .... ,~ ,--~ ...... d~'';''~'''''°' Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County and South San Joaquin Valley divisions; and in odd numbered :,'ears, (iii) At Lar.qe. Directors from five of the ten at-larqe directorships. Section 6: Vacancies. (a) Functional Departmental Directorships. In the event of a vacancy in a functional departmental directorship, the president of the department may become a member of the League Board or may appoint a member of his or her department to fill the vacancy. ~ person filling the vacanc:,, holds office for the remainder of the term for which his or her (b) Regional Division Directorships. If a vacancy occurs in the regional division directorship, the regional division in question may elect a new Director at the next regular meeting of the regional division. The person elected to fi!! such vaca~ncy !n a reg!ona~ ,4~,,~oI,.,,., ~,---,-*,-,,-~.h~,, h ],-4° m ,., 4~,.,,. *h.. ,,-. ,,,, ., ; ,, ,~ ,.. ,. ,.,~, *~"'.,.. her (c) At-Large Directorships. If a vacancy occurs in an at-lar.qe directorship, the League Board may elect a new Director to fill the vacancy at the next reqular board mcc. tinq. Tho Leaque president may nominate individuals for consideration by the League board. (d) Terms. The person elected to fill a vacancy holds office for the remainder of the term of the office in question (see Article VII, section 3). BE IT FURTHER RESOLVED, that this bylaws amendment shall take effect immediately upon approval by the League's General Assembly; and be it further RESOLVED, that the League Board shall (1) fill the vacancies in newly-created at-large directorships at its next scheduled board meeting, and (2) designate which at-large directors shall have one-year terms and which shall have two-year terms to achieve the staggered terms described in Article VII, section 3 of the League's bylaws; and be it further RESOLVED, that the League President shall nominate individuals to fill the newly- created directorships and make recommendations to the League Board on achieving staggered terms. , RESOLUTION RELATING TO REVISING BYLAWS OF LEAGUE OF CALIFORNIA CITIES REGARDING MEMBERSHIP REPRESENTATIVE ON POLICY COMMITTEES Source: Board of Directors Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: (Note: Adoption of amendments or revisions of the League bylaws requires a two-thirds vote of the General Assembly at the Annual Conference.) WHEREAS, League policy committees serve an important advisory role in the League's policy development process; and WHEREAS, the League achieves participation on committees that is representative of the League's full membership in part through the appointment of two representatives per committee by each of the League's sixteen regional divisions and one representatives per committee by each of the League's eleven functional departments; and WHEREAS, the League president may appoint members to each policy committee to improve population, geographic and demographic representation of our increasingly diverse membership and to secure additional expertise; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 4, 2002, that the League amend its bylaws to allow the League president to appoint up to sixteen members to serve on each of the League policy committees by amending2 Article VII, section 10 as follows: (c) Standing Policy Committees.3 (i) Charge. The League shall have a series of standing policy committees, whose charge shall be to make recommendations to the League Board on matters within the committees' jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)). (ii) Membership. Each League policy committee shall be comprised of the following' · Two members appointed by each regional division president; · One member appointed by each functional department president; No more than 44 1_.~6 members appointed by the League president, to provide ,=q4ktitie~ population and geographic balance, as well as expertise,-as-well-~.s- p,,-.l~,-,,~,~.,,, ,.,,, ,~ ~,..v~, ~1"" "~" "'~' ' '""-' 2 Bylaws language additions are indicated with underlining. 3 The League's present standing policy committees are: I) Administrative Services, 2) Employee Relations, 3) Environmental Quality, 4) Community Services, 5) Housing, Community and Economic Development, 6) Public Safety, 7) Revenue and Taxation, and 8) Transportation, Communication and Public Works. · Such representatives of affiliate organizations in the capacity authorized by the League Board. (iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions. BE IT FURTHER RESOLVED, that this bylaws amendment shall take effect immediately upon approval by the League's General Assembly. ,, RESOLUTION RELATING TO THE DEVELOPMENT OF A SECOND, UNIQUE ZIP CODE WITHIN THE CITY LIMITS OF DIAMOND BAR Source: City of Diamond Bar Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action. Final Recommendation to General Resolutions Committee: WHEREAS, many communities in Southern California enjoy zip codes that are unique to their respective communities; and WHEREAS, unique zip codes help to develop a city's identity; and WHEREAS, sales taxes, franchise fees, federal funding and other city revenue sources are tracked through zip codes; and WHEREAS, cities who share zip codes may lose a portion of their revenue stream to other jurisdictions which the post office recognizes as the primary geographic area for that particular zip code; and WHEREAS, several cities in Southern California also contain shared zip codes and may not be aware of the negative impact such an arrangement may have on their community; and WHEREAS, the City of Diamond Bar has identified itself as one such city and is desirous to develop a new, unique zip code for the section of city contained in the "91789" zip code; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League support the request of the City of Diamond Bar to develop a zip code that properly reflects the uniqueness and separateness of the south section of the City from other communities; and further, be it RESOLVED, that the League request that the United States Postal Service develop and institute a unique, separate zip code for those residents who reside in the "91789" zip code; and be it further RESOLVED, that the League support the efforts of Diamond Bar and other cities which seek to institute zip codes that are unique and separate from other jurisdictions; and be it further RESOLVED, that the League request that the United States Post Office develop a plan to address the concerns of other communities that may also have shared zip codes. 4. RESOLUTION RELATING TO TERM LIMITS Source: Henry Manayan, Mayor, Milpitas; Suzanne Jackson, Council Member, Monte Sereno; Dennis Kennedy, Mayor, Morgan Hill; and Tom Springer, Mayor, Gilroy Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove. Final Recommendation to General Resolutions Committee: WHEREAS, the voters of this State desire to regulate the length and number of terms of the members of the California State Legislature so as to not create career politicians, and WHEREAS, the existing limitations imposed on the number and length of terms for the members of the Legislature are having an unforeseen effect on the establishment and retention of a legislative membership experienced and knowledgeable in seeking solutions to our State's problems, and WHEREAS, it has become difficult for city elected officials to advocate effectively on issues of impodance to local government because of the constantly shifting political landscape and the pre-occupation of legislators with their re-election; and WHEREAS, as legislators perform their duties they acquire skills and experience that make California competitive in this global economy and that enhance the quality of life in this State, and WHEREAS. when Assembly members run for office every other year, it has become very obvious that they work for one year, then are distracted by running for re-election the next. The people of California deserve better, and WHEREAS, when major industries and employers seek the help of seasoned legislators, they frequently encounter new faces or distracted legislators facing re-election. This causes businesses and organized groups to engage in continual education efforts, and WHEREAS, expanding the experience levels of members of the State Legislature will provide more knowledge and a better understanding of the true needs of the people of this State and allow additional time for finding proper solutions to our state's problems; now, therefore, be it RESOLVED by the General Assembly of the League of California Cities assembled in Annual Conference ~n Long Beach, October 5, 2002, that the League of California Cities submit to the Legislature and to the voters of California, an Amendment to Article 4 of the State Constitution that will increase the length of the term for a member of the State Assembly to four (4) years, with one-half (1/2) of all members to be elected every even-numbered year and with no member to serve more than two (2) full terms; and that will increase the length of the term for a member of the State Senate to six (6) years, with one-third (1/3) of all members to be elected every even-numbered year and with no member to serve more than two (2) full terms. Resolution Referred to Community Services Policy Committee · 5. RESOLUTION RELATING TO CITIZEN CORPS Source: Los Angeles County Division Referred to: Community Services and Public Safety Policy Committees Preliminary Recommendation to General Resolutions Committees: · Community Services Policy Committee: Approve. · Public Safety Policy Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, the tragic events on September 11, 2001 have renewed citizen interest in volunteerism and prompted President Bush to call upon every American to commit ~t least two years of their lives to the service of others; and WHEREAS, Citizen Corps is the component of the USA Freedom Corps that creates opportunities for individuals to volunteer to help prepare for and respond to emergencies by bringing together local leaders, citizen volunteers and the network of first responder organizations; and WHEREAS, President Bush has requested more than $230 million from Congress in fiscal year 2003 to support and expand Citizen Corps initiatives, including funds to support the five Corps programs and provide nationwide training and grants to communities; and WHEREAS, municipal governments in the State of California are responsible for the preservation of public safety and city officials are respected community members with the ability to encourage citizen participation in public safety programs to enhance community security; and WHEREAS, many municipal governments currently utilize volunteers in a number of capacities, including participation in programs similar to the following five national Citizen Corps programs: Neighborhood Watch, Community Emergency Response Teams, Volunteers in Police Service, Medical Reserve Corps, and the Terrorism Information and Prevention System; and WHEREAS, the development of a Citizen Corps Council in each community to develop a systematic, efficient, and effective method for providing public education stimulating wide-spread participation, and organizing volunteer programs to increase community safety will provide a link between local programs and the national effort; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League supports the initiation and expansion of local volunteer programs as an efficient means of maximizing public safety and encourages: 1) Cities to inventory existing volunteer public safety programs and solicit support from program members for participation in the Citizen Corps; 2) City officials to establish/participate in Citizen Corps Councils along with other community leaders such as neighborhood advisory commissioners, emergency management and first responder personnel, community service and faith-based groups, and business representatives; 3) City officials to request that their federal representative's support direct funding opportunities for Citizen Corps programs; 4) Cities to apply directly for grant funding if federal funds are made available for fiscal year 2003. Resolutions Referred to Environmental Quality Policy Committee 6. RESOLUTION RELATING PREPARATION OF LOCAL COASTAL PLANS Source: City of Malibu Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Policy Committee will make final recommendation at October 2 meeting. Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities is a rallying point for many of California's cities and stands for appropriate action and effective handling of the challenges facing California municipalities; and WHEREAS, the League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. Founded in 1898 on the principles of local control and interagency cooperation, the League has grown from a handful of public officials to include the voluntary membership of 477 California cities. Today, California's city officials are considered among the best-trained and best-informed local officials in the country. These cities share the belief that fundamental policy decisions that apply to the local community rests with the locally elected city councils; and WHEREAS, local control is the cornerstone of democracy. The closer the government is to the people, the more accountable it is. Cities are instruments of local self-government by their residents. The California Constitution authorizes local government to exercise police power to make and enforce all local, police, sanitary and other ordinances and regulation not in conflict with general laws; and WHEREAS, state law requires that a newly incorporated city prepare and adopt a General Plan, which is a long range planning document. In addition, a coastal city prepares its coastal policies (which are set out in the Coastal Act). The city's plans and ordinances ultimately are presented as a local coastal program (LCP) to the state's Coastal Commission, which reviews the LCP to make sure it is consistent with the Coastal Act. The Coastal Commission "certifies" the LCP when it is satisfied that it is consistent with the Coastal Act. This role is similar to the role that the state Department of Housing and Community Development plays in certifying housing elements for consistency with state housing policy; and WHEREAS, the Coastal Act is carefully designed generally to respect local government. The Coastal Act is an alliance between local governments and the State to implement statewide coastal policy. The Act relies heavily on local government to achieve its purpose. The Coastal Act declares that "to achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is n6cessary to rely heavily on local government and local land use planning procedures arid enforcement" in carrying out the state's coastal objections and policies (Public Resources Code Section 30004). Public Resources Code § 30512.2(a) reads as follows: (a) The commission's review of a land use plan shall be limited to its administrative determination that the land use plan submitted by the local government does, or does not, conform with the requirements of Chapter 3 (commencing with Section 30200). In makir~g this review, the commission is not authorized by any provision of this division to diminish or abridge the authority of a local government to adopt and establish, by ordinance, the precise content of its land use plan; and WHEREAS, last year the Legislature enacted AB988, which empowers the Coastal Commission to draft Malibu's LCP. Accordingly, state-appointed Coastal Commissioners are empowered to draft the City's (a)land use plans, (b) zoning ordinances, and (c) zoning district maps. This authorization presents a potentially profound incursion into local prerogative and could contravene the constitutional principles of local self-.determination for which the Association stands; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League re-affirms its commitment to local control and urges the members of the California Coastal Commission to remain true to the spirit of the Coastal Act and protect the democratic principles of local control by deferring to the elected officials with respect to choices in the implementation of the State's coastal policies. 1 RESOLUTION RELATING TO THE PROPOSAL TO ADD APPROXIMATELY 700,000 ACRES OF NEW WILDERNESS IN INYO AND MONO COUNTIES Source: Desert Mountain Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Policy Gommittee will make final recommendation at October 2 meeting. Final Recommendation to General Resolutions Committee: WHEREAS, the Wilderness Society is in the process of determining the boundaries of a proposed wilderness designation on approximately 700,000 acres of public lands in Inyo and Mono Counties presently managed by the federal agencies under the multiple use concept; and WHEREAS, there has been no public comment period to determine the economic impact that this new wilderness designation would have on our communities; and WHEREAS, the I°ng-standing existing uses in this wilderness proposal such as sightseeing, camping, hunting, fishing, wood gathering, rock hounding, mountain biking, ATV recreation on existing roads, grazing, snowmobiling and the extraction of natural resources will be eliminated or severely restricted, potentially resulting in a significant adverse economic impact; and WHEREAS, a portion of the area contemplated for wilderness designation in Inyo County is currently used extensively for military overflight, an activity that would be curtailed should the wilderness designation be approved, which in turn could have local economic impacts and affect national security; and WHEREAS, there is no mention of "cherry stemming" existing roads in a proposed wilderness that would continue motorized access which is in conflict with the intent of the 1964 Wilderness Act; and WHEREAS, factors such as the aging population, limited free time, increase in demand for motorized recreation, and the desire to "get away from it all" makes it clear that semi-primitive motorized recreational experiences offering solitude and scenic pleasure should not be reduced in Inyo and Mono Counties; and WHEREAS, the governing federal agencies have in place numerous laws, rules, regulations and a Resource Management Plan that will continue to provide more than adequate management protection for these proposed wilderness areas; and WHEREAS, a wilderness designation would restrict the ability of firefighters to adequately perform firefighting duties; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League support the City of Bishop in opposing the designation of additional wilderness in Inyo and Mono Counties totaling approximately 700,000 acres. Resolutions Referred to Public Safety Policy Committee · 5. RESOLUTION RELATING TO CITIZEN CORPS Resolution #5 referred also to Community Services Policy Committee. For recommendation, see Community Services section. 8. RESOLUTION RELATING TO MEXICO'S EXTRADITION POLICY Source: City of Rosemead and City of South El Monte Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, the Preamble to the United States Constitution lists providing for the "common defense" as one reason for forming our national government; and WHEREAS, the Constitution prohibits states and local governments from entering into treaties with foreign governments to protect their citizens and arrange extradition for criminals; and WHEREAS, the "Extradition Treaty" (1988) allows Mexico to refuse to extradite a fugitive if the United States courts charge the suspect with a capital offense, and now the Mexican Supreme Court has recently ruled that Mexico will not extradite criminals who face a life sentence in the United States; and ]0 WHEREAS, this restriction provides a safe haven for those who commit the most serious crimes, including murder and terrorist acts; and WHEREAS, any surviving conspirator who participated in the September 11th attack on America would enjoy the protection provided by the Mexican courts; and WHEREAS, officials estimate that more than 60 suspected killers from Los Angeles County alone are in Mexico, along with countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes; and WHEREAS, the person responsible for the April 29, 2002, murder of Los Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution; and WHEREAS, the existence of a Mexican safe haven for these most heinous criminals presents an enormous challenge for border states seeking to defend their citizens; and WHEREAS, the Attorney General from each of the 50 states has asked United States Attorney General John Ashcroft and United States Secretary of State Colin Powell to address this extradition issue with their counterparts in Mexico, and WHEREAS, the resolution of this issue is critical to defending our nation from enemies both foreign and domestic; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League call upon President George W. Bush, and Members of the United States Senate and the House of Representatives to use all diplomatic means at their disposal to insist that the "Extradition Treaty" (1988) be revised to resolve the critical issue of the extradition of those suspected of committing serious and violent crimes against people in the United States. Resolutions Referred to Transportation, Communication and Public Works 9. RESOLUTION RELATING TO UNDERGROUNDING OF OVERHEAD UTILITY LINES Source: Los Angeles County Division Referred to: Transportation, Communication & Public Works Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended. Final Recommendation to General Resolutions Committee: WHEREAS, in 1967 the California Public Utilities Commission (CPUC) adopted a policy of encouraging undergrounding of utility lines; and WHEREAS, by 1999 only 4000 miles of distribution facilities have been placed underground while over 163,000 miles of overhead distribution lines remain; and WHEREAS, Assembly Bill 1149 required the CPUC to study the following issues: ]! , Discovering and eliminating barriers to establishing continuity of the existing underground system and ways to eliminate uneven patches of overhead facilities. 2. How to enhance public safety. 3. How to improve reliability. 4. How to provide more flexibility and control to local governments; and WHEREAS, the CPUC AB 1149 Study, Phase II, is not complete; and WHEREAS, during the AB 1149 workshops the overwhelming majority of commentators urged that the CPUC pursue ways to increase, accelerate, and maximize the conversion rate without raising ratepayers' contribution and explore alternate sources of financing for undergrounding; and WHEREAS, unexplored suggestions for speeding the conversion of overhead lines have been offered including: 1. Using life cycle costs when comparing the cost of undergrounding with repair and maintenance of overhead facilities. 2. Utilizing competitive bidding for the planning and construction of Rule 20A projects. 3. Experimenting with alternative methods of undergrounding such as using raceways, and re-evaluating trench depth and separation requirements. 4. Provide incentives for utility companies to perform conversion projects. 5. Employ economies of scale to obtain more competitive costs for undergrounding; and WHEREAS, underground projects are all accomplished with funds on hand when long- term financing, or other creative or innovative financing methods may offer more benefits; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League: , Coordinate city efforts and actively encourage the State and California Public Utilities Commission to develop and implement a plan for the underground conversion of overhead electrical and telephone lines within the next 25 years; and , Encourage the State and California Public Utilities Commission to investigate and pursue new methods of financing of the conversions including long-term financing using Rule 20A funds, bond financing and other creative financing methods that may be utilized for the purpose of undergrounding utilities. 10. RESOLUTION RELATING TO SPEED LIMITS ON URBAN ARTERIAL ROADWAYS Source: City of Thousand Oaks Referred to: Transportation, Communication & Public Works Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, setting speed limits on urban arterial roadways must follow a process identified in Section 627 of the State of California Vehicle Code; and WHEREAS, in order to use radar for enforcement of the speed limit, the posted speed limit must be set in accordance with Section 627 of the State of California Vehicle Code, which requires that the speed limits be set within 5 mph of the 85th percentile, exclusive of other factors; and WHEREAS, the technological superiority of today's vehicles translates to motorists being comfortable when traveling at higher speeds; and WHEREAS, safety of the roadway to motorists, pedestrians and bicyclists is reduced as speeds increase; and WHEREAS, noise levels along urban arterials increase as vehicle speeds increase; and WHEREAS, the safety of public workers performing landscape and road maintenance activities is lessened as vehicle speeds increase; and WHEREAS, motorists do not, on a continual basis, give consideration to the consequences or severity of high speed accidents; and WHEREAS, local elected officials are continually contacted by constituents regarding speeding on urban roadways; and WHEREAS, local elected officials have the best understanding of all factors that should be used to set speed limits on urban arterial roadways; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in the Annual Conference in Long Beach, California, October 5, 2002, that the League should support efforts of locally elected officials in concert with interested persons to identify measures which, when approved through legislation, would allow local agencies greater authority and jurisdiction when setting speed limits on urban arterial roadways to create and preserve a safe environment. [Note: No resolutions were assigned to the following policy committees: Employee Relations; Housing, Community and Economic Development; and Revenue and Taxation.] ]3 G:\LEGISLTV~POLICY~CRES~002 Res Packet.doc ITEM NO. 8h DATE: September 18, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- MISCELLANEOUS The City's Labor Negotiators and the Personnel Officer have met with representatives of the Miscellaneous Unit to discuss negotiation items for the period from October 1, 2002 - September 30, 2005. The negotiations have resulted in a tentative agreement, which has been ratified by the Unit. The proposed Memorandum of Understanding (MOU) is being submitted for Council's review and discussion in closed session with the City Manager. If the City Council approves the agreement in closed session, then adoption of the attached resolution in open public session would be necessary. RECOMMENDED ACTION: Adoption of resolution approving Memorandum of Understanding for the Miscellaneous Unit. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution APPROVED: ,,~--~' ""¥--/~..,,~% Candace Horsley, Ci~Manager 3:MOU~SRMISC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE MISCELLANEOUS UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Miscellaneous Unit; and WHEREAS, a Memorandum of Understanding for the term of October 1, 2002 - September 30, 2005 has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that this Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement. PASSED AND ADOPTED this 18th day of September 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor A'I-I'EST: Marie Ulvila, City Clerk 3:mou\resmou UKZAH REDEVELOPMENT AGENCY Regular Meeting of July 17, 2002 The Ukiah Redevelopment Agency met in regular session on July 17, 20l for which had been legally noticed and posted, at 10:20 p.m. in the Civi, Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Commissioners were present: Commissioners Larson, Smith, Chairman Ashiku. Staff present: Executive Director Horsley, Community Services Director DeKnoblough, and Recording S~ etary r Council ....... 2. AUDTENCE COMM ENDA No one came forward to address the Agency. 3. APPEAL PROCESS Chairman Ashiku reviewed the appeal 4. APPROVAL OF MTNUTES 4a. Reqular Meetinq of May Z5, 2002 M/S Smith/Baldwin approwng minutes of the Rec as submitted, carried by the II call vote: AYES: Smith, Libby, Baldwin, NOES: ABSTATN: None. 15, 2002 Issioners Larson, ABSENT: None. 1 5a. Use of a Porti NEW BUSZNE$$ Adoption of Resolution Hl ' The Couf activiti, Mendo, sociated wi e. The 20% community is requestin! the housing. Men~ uest for Setaside Funds (Rural Communities Manor and Orchard Villaqe) of $25,000 for predevelopment rehabilitation of Orchard Manor and is meets State requirements for use of the address a targeted population within our ~n 2003-0i Coul Housin Corpora Commissio None. :None. County of Mendocino Request for use of a Portion of Je Funds (Rural Communities Housing Development r and Orchard Village); adopted by unanimous decision of Larson, Smith, Libby, Baldwin, and Chairman Ashiku. ABSENT: 1 N ISINESS A of Performance Agreement with Greater Ukiah Chamber of merce er Horsley explained to the Council that the Performance Agreement is milar to last year's, with the exception of a few minor changes and grammatical corrections, Regular Meeting July 17, 2002 Page,1 of 3 Iq/S Libby/Larson approving Performance Agreement between the Redevelopment Agency and Greater Ukiah Chamber of Commerce; carried following roll call vote: AYES: Commissioners Larson, Smith, Bal Chairman Ashiku. NOES: None. ABSENT: None. ABSTATN: None. Ukiah :he 5. NEW BUSINESS 5c. Consideration and Approval of Performance Hain Street Pro~lram Community Services DeKnoblough explained that the performed according to their contract, and is now is asking the Redevelopment Agency to speciE/the am( Program funding, if any. Commissioner Larson stated that he is im their events, and believes that helping to fund Agency to do. He proposed an increase of grant fund to be established, in order to other sources. Street Program thing for the' !al $5000 matching Jnds to come from Commissionerr Libby inquired they intend to continue with to the Main Street rams as last year. and whether Main Street Board meml revenues and expenses have incre people visited the downtown for expectations are growing. The Main will be continue~ ~n its current over last rogram rian ~r explained that both Approximately 26,200 ~d as a result, the public's ]etermine whether each event Commi~ Libby that she Greate; h Chamber pa to see the Main Street Program and lore on fundraising efforts, M; suggestion. replied that they are open to that d create a direct contributions to the Main Street Program by ~g grant, fund. ~uired how new funding would be defined for the purposes of Cit~ d( Horsley indicated that staff would need to look at specifics and matching funds would work. Funding has fluctuated over the years, )n would need to be made about the consideration of either total event dollars. Regular Meeting July 17, 2002 Page 2 of 3 Commission discussion followed regarding the potential complications of a matching grant fund. M/S Baldwin/Smith withdrawing motion. M!S Smith!Larson approving Performance Agreement Redevelopment Agency and Ukiah Main Street Program, with a $10/ Redevelopment Agency's contribution for a total of $20,000; ' call vote: AYES: Commissioners Larson, Smith, Libby, Baldwin, a NOES: None. ABSENT: None. ABSTATN: None. irman Ukiah in the roll m None. 1 None. COMMTSSTONERS' REPORTS EXECUT]~VE DTRECTOR REPORTS 8. CLOSED SESSTON a. with §54956.8 Property: Owner: Gary A Negotiator: Under Negotiation: No action taken in closed session. S. 180-08-30, 180- ~de ;0-11-06 There iness, the adjourned at 11:40 p.m. ShanfiOn Regular Meeting July 17, 2002 Page 3 of 3 UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE SEPTEMBER 18, 2002 8:00 P.M.* lg 21 1 1 g 1 1 al ROLL CALL AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency 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. The Brown Act regulations do not allow action to be taken on audience comments. APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the Agency and its Boards may be judicially challenged. APPROVAL OF MINUTES a. Regular Meeting of July 17, 2002 NEW BUSINESS a. Adoption of Resolution Approving County of Mendocino Request for Use of a Portion of County 20% Housing Setaside Funds (The Ford Street Project) COMMISSIONERS REPORTS EXECUTIVE DIRECTOR REPORTS ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. ITEM NO. .sa DATE: SEPTEMBER 18, 2002 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING COUNTY OF MENDOCINO REQUEST FOR USE OF A PORTION OF COUNTY 20% HOUSING SETASIDE FUNDS (THE FORD STREET PROJECT) Section 6 of the Redevelopment agreement with the County of Mendocino stipulates that 25% ofthe mandatory housing setaside (20% of gross redevelopment tax increment revenue) be designated for County use within the City limits. Use of the funds must meet State statutes relative to Iow and moderate income housing and each project or program must be approved by the Redevelopment Agency. The County is requesting distribution of $22,500 for Iow income housing (shelter beds) provided by contract with The Ford Street Project. Similar uses were authorized by the Agency in August 2001, January 2000, and October 1999. The current balance ofthe County's account is in excess of $100,000. The proposed use of the funds meets State requirements for use of the 20% housing setaside fund and will address a targeted population within our community needing affordable housing. Staff believes the expenditures are appropriate and recommends adoption of the resolution approving the request for County setaside funds. RECOMMENDED ACTION: Adopt Resolution Approving County of Mendocino Use of $22,500 of County 20% Housing Setaside Funds (The Ford Street). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine request requires modifications, identify changes, and adopt revised resolution. 2. Determine use of funds does not meet State or local requirements and do not adopt resolution. Citizen Advised: N/A Requested by: County of Mendocino ~~~)'~:,..,,.,,.~ Prepared by: Michael F. Harris, Deputy Redevelopment Director Coordinated with: Candace Horsley, Executive Director Attachments: 1. Resolution for adoption, page 1. 2. August 22, 2002 letter from the County of Mendocino, pages 2-5. can-d-ace Horsley~ Exelutive Director mfh:asrura02 0918CoHousing URA RESOLUTION NO. 2003- RESOLUTION OF THE UKIAH REDEVELOPMENT AGENCY APPROVING THE USE OF $22,500 OF COUNTY OF MENDOCINO LOW AND MODERATE INCOME HOUSING FUNDS (THE FORD STREET PROJECT) WHEREAS, the agreement between the Ukiah Redevelopment Agency and the County of Mendocino regarding redevelopment specifies that the Agency shall designate 25% of the mandatory 20% Iow and moderate income housing setaside fund for use by the County; and WHEREAS, the agreement further specifies the use of monies requested by the County shall be reviewed and approved by the Agency prior to disbursement; and WHEREAS, the County proposes to fund shelter beds within Ukiah through a contract with The Ford Street Project using $22,500 of Redevelopment/County monies, and has requested the Agency to disburse these funds for this use; and WHEREAS, the Ukiah Redevelopment Agency has reviewed the proposed use of the funds, finds that the project meets State statutes for use of Iow and moderate income housing monies, is to be located within the City of Ukiah, and will be subject to an agreement between the County, The Ford Street Project, and the Ukiah Redevelopment Agency to assure financial compliance with State statutes. NOW, THEREFORE, BE IT RESOLVED, the Ukiah Redevelopment Agency approves the use of $22,500 of County of Mendocino Iow and moderate income housing setaside funds (Account 962.5602.250.020), authorizes the Executive Director to execute an agreement for the use of these funds, and approves disbursement. PASSED AND ADOPTED this 18th day of September 2002 by the following roll call vote: AYES' NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Chairman Shannon Riley, Secretary URA Resolution No. 2003- Page I of 1 JAMES M. ANDERSEN COUNTY ADMINISTRATIVE OFFICER August 22, 2002 ADMINISTRATIVE OFFICE 501 LOW GAP ROAD, ROOM 1010 UKIAH, CALIFORNIA 95482 (707) 463-4441 FAX (707) 463-5649 coadmin@co.mendocino.ca.us Michael Harris City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Dear Mr. Harris: Mendocino County would like to utilize $22,500 of our share of the Ukiah Redevelopment funds to be used in assisting the Iow income housing needs of the County's indigent population during Fiscal Year 2002-2003. At your convenience, please arrange the transfer of $22,500 to our RDA Housing Set-a-Side trust account (2410-760401) via the Mendocino County Auditor-Controller. Thank you for your assistance. If you have any questions, please don't hesitate to call. Sincerely, t~ca~ ~A~::~e Officer JA/dgb Cc: Dennis Huey, Auditor-Controller Alison Glassey, Social Services Director Lark Letchworth, Social Services 5190- SOCIAL SERVICES- GENERAL RELIEF Alison Glassey, Director MISSION STATEMENT & DEPARTMENTAL FUNCTIONS: il il General Assistance (GA), also known as General Relief (GR), is a County-operated program mandated by State Welfare and Institutions Code Section 17000. It is intended to provide temporary assistance to individuals in need who are not served by other government programs. Since families with children are served through CalWORKs and the elderly and disabled are served through SSI, General Assistance is primarily utilized for single adults, 18-55 years of age, who are temporarily disabled or unemployed. Although the GA program is mandated by the State, the regulations are determined at the local level, within limitations imposed by State law and legal action. Program standards and payment levels vary from county to county, depending on history and legal precedent. Funding is entirely out of the County general fund. If GA clients are found eligible for SSI, the County 'can be reimbursed for its expenditures prior to SSI eligibility. Line item 82-7704 contains the refunds from SSI. The GA budget contains the costs of indigent burials, contracts with Ukiah Community Center, Ford Street Project and Hospitality Center for emergency shelter beds, as well as the direct costs of payments for shelter and personal expenses for eligible individuals. Administrative costs are contained in Budget Unit 5010. I MAJOR ACCOMPLISHMENTS: The General Assistance Unit provides financial assistance and social services to approximately 200 individuals per month throughout the County. Approximately 70% of recipients have applied for Supplemental Security Income and/or Social Security Disability and are awaiting a decision on their claim, a process which can take from over a year. Thirty percent of recipients are employable and most participate in the Community Worksite Placement component of the GA Employment Program, which requires clients to perform community service work in exchange for the General Assistance payment, in addition to seeking regular employment. I GOALS AND OBJECTIVES: Goals: Collaborate with Community-Based Organizations to expand housing and self-sufficiency services to the population served by General Assistance. Objectives: o:. Assist with the development of a year-round emergency housing shelter in Ukiah. · :- Expand self-sufficiency services Countywide. MAJOR BUDGET FLUCTUATIONS FROM PRIOR YEAR: SERVICES & SUPPLIES: 2186- Indigent Burials. 28.2% reduction based on favorable outcome of Request-for-Proposals for Indigent Burials contract. OTHER CHARGES: 3119 - Support and Care of Persons - Other. 31.4% reduction reflects current caseload projections. 3124 - GR-SSI-SSP Applicants. 27.2% reduction reflects current caseload projections. 445 5190- SOCIAL SERVICES ~ GENERAL RELIEF Alison Glassey, Director 7704 - General Relief Fund. 21.4% reduction in reimbursement from SSUSSP to County General Fund reflects the decline in the overall SSI/SSP caseload. [ COUNTY ADMINSTRATIVE OFFICE COMMENTS: The Department submitted a budget well below the 6% reduction fi.om the prior year. This budget continues to include $22,500 from the County's portion of the City of Uldah's redevelopment housing set-aside funds to offset shelter costs for homeless GA recipients and $50,000 toward the operation of an emergency shelter. The department is actively involved in efforts to locate a permanent emergency housing facility. F~--~BUDGET ACTION: To be determined after final budget deliberations in August. [ COUNTY ADMINSTRATIVE OFFICE NOTES: OTHER CHARGES Acct. 3112 Acct. 7700 Acct. 7704 Provides funding for shelter contracts with Ukiah Community Center, Hospitality House, Ford Street Project, Willits Community Center, Coast Community Center and winter shelter. Provides for redevelopment housing set-aside from City of Ukiah. Provides for estimated recoupment from Social Security for GA applicants who are eligible for SSI-SSP benefits. 446 -'-4- STATE CONTROLLER COUNTY OF MENDOCINO COUNTY BUDGET ACT STATE OF CALIFORNIA (1985) BUDGET UNIT FINANCING USES DETAIL PROPOSED BUDGET FOR FISCAL YEAR 2002-03 CLASSIFICATION: FUNCTION: 5 PUBLIC ASSISTANCE BUDGET UNIT: 5190 GENERAL RELIEF ACTIVITY: 503 PUBLIC ASSISTANCE - GENERAL RE FUND: 1100 COUNTY GENERAL 2000-01 2000-01 2001-02 2001-02 2002-03 FINANCING USES CLASSIFICATION BUDGET ACTUALS BUDGET ACTUALS REQUEST (1) (2) (3) (4) (5) (6) COUNTY BUDGET FORM SCHEDULE 9 2002-03 2002-03 RECOM)IEND ADOPTED (7) (8) SERVICES & SUPPLIES 862186 INDIGENT BURIAL 862189 PROF & SPEC SVCS-OTHR TOTAL SERVICES & SUPPLIES OTHER CHARGES 863112 PYMNTS TO PRIVAT INST 863115 SERVICE CONNECTED EXPENSE 863119 SuPPaC/O PRSNS-OTHR 863124 GR-SSI-SSP APPLCNTS TOTAL OTHER CHARGES TOTAL NET APPROPRIATIONS LESS: REVENUES 822600 OTHER PERMIT 827700 OTHER 827704 GENERAL RELIEF REFUND TOTAL REVENUES TOTAL NET COUNTY COST 75,000 44,303 75,000 20,676 35,820 35,820 0 0 500 0 0 0 0 0 75,000 44,803 75,000 .20,676 35,820 35,820 0 253,248 215,019 253,248 188,960 167,019 167,019 0 0 65 0 -161 0 0 0 373,338 262,897 373,338 319,923 256,080 256,080 0 362,671 238,746 362,671 151,352 264,000 264,000 0 989,257 716,727 989,257 660,074 687,099 687,099 0 1,064;257 761,530 1,064,257 680,750 722,919 722,919 0 0 1,486 0 1,658 0 0 0 22,500 22,500 22,500 -22,500 22,500 22,500 0 222,700 186,533 222,700 100,108 175,000 175,000 0 245,200 210,519 245,200 79,266 197,500 197,500 0 819,057 551,011 819,057 601,484 525,419 525,419 0 447