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Home My WebLink About2004-02-04 Packetlw CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 4, 2004 6:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION a. Presentation Regarding Mendocino Transit Authority's Past Efforts To Develop A Trans-Modal Center At The Depot Site 4. APPROVAL OF MINUTES a. Regular Meeting of December 17, 2003 1 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. 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. Adoption Of Resolution Approving Grant Request To Caltrans For Matching Funds To Federal Aviation Administration (FAA) Grant No. 3-06-0268-06/07 b. Award Purchase Of Liquid Polymer-Emulsion To Polydyne, Inc. In The Amount of $7,440 c. Award Purchase Of Liquid Polymer-Alkyamine To Polydyne, Inc. In The Amount of $13,500 7. 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. 8. PU a. b. BLIC HEARINGS (6:45 P.M.) Adoption of Resolution Establishing Traffic Impact Fees For The DANCO Summercreek Village Apartment Complex Project Adoption of Resolution Approving Community Development Block Grant (CDBG) Application For Community Development Commission Of Mendocino County Housing Acquisition And Security Deposit Revolving Loan Fund The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. 1 UNFINISHED BUSINESS a. Discussion Regarding Light Pollution Baldwin in the Ukiah Valley- Vice-Mayor 10. NEW BUSINES a. Discussion And Possible Action Regarding 2004/05 Financial Projections And Deficit And Approval Of 2003/04 Mid Year Budget Amendment b. Discussion And Review Of City Goals And Accomplishments c. Report Of Ukiah Valley Sanitation District Meeting Of January 28, 2004 Pertaining To The Proposed Increase To The Sewer Connection Fee d. Approval Of Budget Amendment Of $52,800 To City Of Ukiah Wastewater Treatment Plant Improvement Project For Additional Costs To Secure Grant Funding e. Approval Of Road Improvement And Land Use Agreement Between City Of Ukiah And Mendocino County f. Appointment Of Council Representative To The Ukiah Main Street Program Board Of Directors g. Adoption of Resolution Making Appointment To The Traffic Engineering Committee 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. Government Code ~54956.8 Conference With Real Property Negotiator Property: Assessors Parcel No. 002-232-12 Owner: North Coast Railroad Authority Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA ['I'EM NO' MEE'I-[NG DATE: 3a February 4, 2004 SUMMARY REPORT SUB3ECT: PRESENTATION REGARDING MENDOCINO TRANSIT AUTHORITY'S PAST EFFORTS TO DEVELOP A TRANS-MODAL CENTER AT THE DEPOT SITE Bruce Richards, General Manager of Mendocino Transit Authority (MTA), and Jim Mastin, former City Mayor and Chair of MTA, will be presenting the history of their attempt to develop a trans-modal center at the North Coast Rail Authority's (NCRA) depot site off of Perkins Street. In addition, Bruce Richards will be providing an update of the proposed location for the MTA trans-modal center, as progress at the Fjord's north station site was not accomplished. This presentation is provided to the Council to assist in understanding the complexities of development at the depot site in the future. RECOMMENDED ACT]ON: Receive presentation. ALTERNATI'VE COUNCI'L POLICY OPTTONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City IVlanager Candace Horsley, City IVlanager N/A None Approved: Candace Horsley, City Mai~er 4 :CAN/ASR. Pres. MTADepot. 020404 MINUTES OF THE UKIAH CITY COUNCIL 4a REGULAR MEETING WEDNESDAY, DECEMBER 17, 2003 The Ukiah City Council met at a Regular Meeting on December 17, 2003, the notice for which had been legally noticed and posted, at 6:32 p.m. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Councilmember absent: Andersen. Staff present: Administrative Analyst/Project Manager Burck, Community Development Director DeKnoblough, Finance Director Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, Interim Public Utilities Director Kennedy, Acting City Attorney Marston, Fire Chief Latipow, Accounting Manager McCann, Electrical Distribution Engineer Sauers, Public Works Director/City Engineer Steele, Planning Director Stump, and Deputy City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Administrative Analyst Ann Burck led the 3. PRESENTATION/PROCLAMATION None. iance. 4. APPROVAL OF MINUTES 4a. Re_~ular Meeting Minutes of September 177 2003 M/S Baldwin/Smith a the Regular Meeting presented, and carried imous voice vote. September 17, 2003, as 4. APPROVAL OI 4b.R~ ular M~ M/S Baldwin/Smi' presented, and carrie lUTES I 2003 ular Meeting minutes of October 1, 2003, as 5. RIGHT TO APPEAL D ION Mayor Larson read the appe 6. CONSENT CALENDAR M/S Smith/Baldwin approving item "a" through "d" of the Consent Calendar as follows: a. Approved Disbursements for Month of November 2003; b. Approved Notice of Completion For Gobbi Street Class 2 Bike Lane From Orchard Avenue To Babcock Lane, Specification No. 03-06 c. Received Report Of Disposition Of Surplused Materials d. Awarded Purchase Of Liquid Polymer To Polydyne Inc. In The Amount Of $7,500 Plus Tax, Bid Specification POLY-50 Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Andersen 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the City Council. Regular City Council Meeting December 17, 2003 Page 1 of 10 9. NEW BUSINESS 9a. Discussion and Possible Action Regarding The "City Of Ukiah Business Enhancement Program" City Manager Horsley advised that in early 2001 the City applied for and received a Jobs Housing Balance Program Grant from the State Department of Housing and Community Development (HCD) in the amount of $100,000. $25,000 of the grant funds were spent for the strategic plan, which the City Council adopted on January 15, 2003. The balance of $85,000 was allocated to implement the recommendations in the strategic plan. As part of that implementation, Applied Development Economics (ADE) was subsequently retained by the City to prepare the Business Enhancement Program. ADE conducted a series of business focus group sessions aimed at identifying policies and actions the City can take to improve the local business climate, thus aiding existing businesses as they expand, and also more recruiting new businesses. Kathryn Studwell, Regional Development presentation to the City Council that in, threaten prosperity in Ukiah. She advised include housing for workers and speediness and the permit process in general. ist hired by ADE, provided a overview of existing tensions that econl ,needs from the community to process building permits Wes Irvin discussed implementing measures to massive constraints such as limited resources, declining civic budgets, no available and many other priorities and crises. The City should look into annexing land forand housing, staff a City business advocate, create an official business advisory committee, clarify permit and entitlement processes, update and upgrade the City's Website, and distribute brochures that promote the City of Ukiah. City Manager Horsley advised that water and housing directly affect businesses. Business would like to see more cooperation between the City and the County. She n( that ;s for recruil upg '~ cooperatioi reporte~ the City employed idea. has hired an annexation consultant to devise a tax sharing plan both the City and the County. Staff will continue to work on of businesses. The City's Web site will be updated and Ih EDFC, the County, and the Chamber of Commerce. She like to recruit a business advocate using grant funds to be ~e year a~ thought that a business advisory committee is a good Councilmember 'in stated that there are many reasons to stress the quality of life in Ukiah and to p )mote Ukiah's talented community. Mayor Larson noted that, considering Ukiah's high unemployment rate, he felt that it is important that unemployed workers be retrained and their job skills upgraded. M/S Smith/Rodin accepting the report, directing Staff to submit it to HCD, and directing Staff to continue implementation of the recommendations contained therein, and carried by unanimous consent. al PUBLIC HEARING Regular City Council Meeting December 17, 2003 Page 2 of 10 8a. Introduction Of Ordinance Amending The Airport Industrial Park Planned Development Ordinance By Establishing New Regulations For The 32-Acre Mixed-Use Area Planning Director Stump explained that at the Council meeting of December 3rd, a public hearing was conducted and the Planning Commission's recommendations were discussed concerning revisions to the regulations of the Industrial Mixed-Use area in the Airport Industrial Park (ALP). The City Attorney has provided additional suggestions for the City Council to consider before introducing the Ordinance to amend the mixed-use regulations in the Airport Industrial Park Planned Develop~ I. He recommended Council conduct a public hearing to adopt the Mitigate. 'ative Declaration and introduce the Ordinance by title only. Public Hearing Opened: 7:26 p.m. No one came forward. Public Hearing Closed: 7:26 p.m. M/S Smith/Baldwin approving a Industrial Park Planned Develo following roll call vote: AYES: C Larson. NOES: None. ABSTAIN: Mitigated Negative Declaration for the Airport Amendment No. 03-46, carried by the Rodin, Smith, Baldwin, and Mayor ': Councilmember Andersen. M/S Baldwin/Smith introducing O~ recommended changes submitted by th. Department dated December 17. .y if including the seven Memo from the Planning Councilmember Baldwin discussed the q of box stores in the City and · ing businesses with upscale hotels. Ma, out that this is the first time that a planned development has ect driven manner. Motion Smith, ABSENT: !ing roll call vote: AYES: Councilmembers Rodin Andersen, NOES: Councilmember Baldwin. ABSTAIN: None. Deputy City of the City of Ukiah read the title of the Ordinance, "Ordinance of the City Council g the Airport Industrial Park Planned Development". M/S Smith/Rodin introducing Ordinance, and carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberAndersen. . NEW BUSINESS Report Regarding Potential Loss Of Vehicle License Fees And Impacts To The City Of Ukiah Budget Regular City Council Meeting December 17, 2003 Page 3 of 10 City Manager Horsley advised that the state legislators had originally agreed to raise the Vehicle License Fees (VLF) back to the rate is was about four years ago. However, when Governor Schwarzenegger came into office, one of his promises during his campaign was to repeal it, which he did. This is a problem because it is a mainstay of revenue to the cities and the counties. As of December, the City of Ukiah will have the potential loss of the VLF in the amount of $600,000 a year. She reported that other cities have a greater loss of revenue and are taking drastic measures, such as a disincorporating their city or declaring bankruptcy. She explained that Staff will come back to the Council to discuss the mid-year budget, Council g~ and potential savings and revenue. City Manager Horsley explained that even if the to reduce expenses, such as closing the swimming pool, closing the sing down special programs such as youth sports, and street sweeping, the C ~uld not be near reaching the amount of loss from the VLF. The City is g an economic slowdown. The state is now going to try to fix their wo~ Iaking more money from cities. She has discussed the matter with the Police Chief Chief. Currently, there are three police officers on shift and she spoke to the )lice Chief about having only two officers on shift. It was Police Chief Williams' opinion that it would be a concern of public ~ community. She noted that 75%-80% of the General Fund is personnel costs. Council may need to look at' Quality Control Board will begin charg Staff. A lot of the state's fees are doubl costs at the local level. services. The Regional Water rate for meeting with City they are trying to cover their City Manager Horsley stated that as part recent A. OC~ has information the City was given, a su~ police con~ by the California Police Chiefs that with only 60% of the departments reporting, 623 sworn been cut from local budgets and if the VLF backfill does not positions will be laid off statewide. She explained that she ti Fund positions at this time. Mayor awareness quality of life already putting a approved for this year. for this discussion is to begin creating more of a public in Sacramento as to the direct affect it will have on the and business owners in the City of Ukiah. The City is any additional expenditures that are already budgeted and That money will not be spent until there is some reassurance that there is a revenue source to cover it. Mayor Larson noted that if on-going maintenance costs are not met, the City could be depleting assets that would not allow it to recover. Those things need to be discussed further. He would like to see, if and when the Council has to look at real cuts in expenditures, if there are some services the City provides that are funded out of dedicated revenues, similar to Gas Taxes being used only for streets. Regular City Council Meeting December 17, 2003 Page 4 of 10 Councilmember Smith discussed getting the information to the public as soon as possible so the public will understand how it will affect the City's services. He thought it is a good idea to pursue a press release to inform the public. City Manager Horsley reported that the City employees are very concerned and many of them have taken on double duty since the City made cuts last time. They have been working a lot of hours and have been doing many things to provide services without showing any gaps. Whether it's having different hours at City Hall or whatever we have to do to try to make this work, raising revenues will be her first ~mmendation. John Latimore, 615 Spanish Canyon Drive, su alternative in addition to the two suggested by economy and taking aggressive steps to do so will g consider another er. Enhancing the tic engine. City Manager Horsley advised that the City Council has a business plan and staff has budgeted for the improvement of the area. That is already in progress. the downtown State Street James Mulheren stated that he enjoyed the earlier presentation to Council and noted that it was said that increasing tension threatens prosperity and quality of life. He liked Mr. Latimore's point about increasing the economy as opposed to stifling it and generating revenue from that. Mayor Larson explain, was that if the state VLF tax would be len that fee was reduced four years ago, the agreement backfill or make up that loss to local government, the ~stated. City Manager Hor,, of the sales tax. seven cents, the City of Ukiah gets one cent Acting City Attorney Mai Revenue and Taxation Code. discussed the City's generation of revenue and the City Manager Horsley advised that it's easier to say that out of seven cents, the City of Ukiah gets one cent. Mayor Larson advised that there is an initiative in the process to draw the line at a constitutional amendment that would not allow the legislature to take any more locally generated revenues than are currently taken without a vote of the California electorate. City Manager Horsley explained that the League is requesting the City send its response to them concerning its potential loss. The response will also be sent to Ukiah's legislators. In January staff will bring to Council some short term and long term options. There was general discussion concerning the press release to the media. It was the consensus of the City Council that the City Manager should complete the questionnaire. There was a brief discussion concerning revisions to the sample press Regular City Council Meeting December 17, 2003 Page 5 of 10 release so it would suit Ukiah more. It was also the consensus of the Council that Mayor Larson will review the press release and sign it. Councilmember Rodin will also assist with wording of the press release, The press release should include both the Mayor and City Manager's signature. Recessed: 8:12 pm Reconvened: 8:20 pm 9. NEW BUSINESS 9c. Status Report Regarding Ukiah's Water System Improvement Project Administrative Analyst/Project Engineer/Manager Burck provided an update to the City Council on the status of the Water System Improvement Project (Project). There are two main components of the water system ' provement project. There is the addition of the storage tanks that are to be sited proposed to be sited at the water concerns an upgrade of the water project be separated into two parts. The tanks and stage two would be the upgrades the Golf Course and one that is The other part of the project itself, Staff is suggesting that the wo~ construction of the water plant itself. She reviewed the status of the City's water brought out in an audit conducted by the Departm( updated the Council on the status of the water system of water source capacity for the City. She went on to collector and decrease' ¢. tnd the deficiencies that were Health Services. She also icussed the current status )roblems with the Ranney A general discus: treatment plant. g the report and the condition of the water Administrative Anal' the data that is collecte, influence of surface water looked at is turbidity. It is st~ surface water from the Russian status of the City's wells and noted that to determine which wells were under the ich wells are not. Typically, one of the factors that are :ontention that well #4 is not under the influence of ~r. She reiterated that the City's maximum source capacity was seen in August, was'6.57 million gallons. In the past 10 out of 11 years, that peak day has occurred either during the last two weeks or July or the first two weeks of August. That average value for the last 11 years was 7.07 million gallons per day. Our demand exceeds our source capacity by about half a million gallons per day during that high demand period in July-August. The State's regulation allows you to meet your maximum day demand through a combination of your source capacity and your storage capacity. That is one of the reasons that they are requiring the City to add additional storage capacity is because the City is so short relative to our demand on our source capacity. The City needs to get the storage tanks built as quickly as possible and that is why staff is recommending separating the storage tanks from the upgrade to the plant. The City also needs to quickly begin looking at alternate sources of water. One of the alternate sources is by reducing demand. One of the things that Staff feels would be a good measure to consider would be a voluntary Water Conservation Program for the last two weeks in July and the first two weeks in August. Regular City Council Meeting December 17, 2003 Page 6 of 10 City Manager Horsley noted that the citizens of Ukiah have always been very quick to help out with reducing their water use whenever the City has asked them. The City would provide an educational program that would be sent with the billing statements and to remind them in July and August until the City finalizes and gets the construction on line and our water source is completed. Administrative Analyst Burck explained that if the project can be separated and accelerate construction of the tanks, the tentative schedule is to begin construction of the storage tanks in May and have them completed in October 2004. There will be three million gallons in Zone #1 and 315,000 gallons in Zone #2, for a 3.3 million gallon increase. She advised that the City does need a Water Conservation Program and it also needs to begin planning for recycled water use. A general discussion of the situation followed Council and staff. Councilmember Baldwin noted that abou! the Council discuss the idea of metering potential impact on the City's well that is c. concerned about the creeks and how they iml Lorraine Street well is groundwater, we need to try o, someone suggested that City limits to monitor the -le felt the City should be groundwater and if the it. Mayor Larson assumed we would have to do some k financing. He discussed the possibility of having to do a staggered rate increase to the initial costs. There may also be addition~ in the future to procure water rights or through the development of addil facilities. Administrative approval of a chan~ cost of se constru~ staff and two weeks she will come back to the City Council for ti consultant's contract to cover the additional to allow the City to continue with the ks as quickl possible. She noted that in March 2004, Council recommendations for a voluntary Water to participate during the last two weeks of July She advis~ she Smith and is of funding for Congressional Re Bill that has been p~ Ih Chris Pettigo a couple of weeks ago. He works for Reed nt helping the City to acquire grants and alternate sources treatment plant project. He brought by a copy of the ~m the 108th Congress. It's the Congressional Appropriations by the House and it goes for a vote to the U.S. Senate in January 2004, and hopefully is signed by the President. The City of Ukiah is on page H12733 as item #99. She noted the hard work of the Mayor and Councilmember Smith, as well as Congresswoman Feinstein. 9. NEW BUSINESS 9d. Approval Of City Of Ukiah Electric Utility Renewable Portfolio Standard Electrical Distribution Engineer Sauers advised that Section 387 of the California Public Utilities Code (PUC) was amended by Senate Bill 1078 in September 2002 outlining a statewide goal and requirement of Investor Owned Utilities (IOU) to obtain Regular City Council Meeting December 17, 2003 Page 7 of 10 20% eligible renewable resources by 2017, increasing current resources 1% annually until the goal is reached. As a municipal electric utility, the City of Ukiah is exempt from this resource requirement, however, municipalities are required to implement and enforce a local Renewable Portfolio Standard (RPS). They also want the City to report its power mix and any Public Benefit Funds that are paid out for renewable energy development. The City of Ukiah includes hydroelectric, geothermal, solar, wind, digester gas and tidal current in its definition of renewable energy. As noted, the City's power mix reflects over 75% total renewable resources and over 50% of state defined renewable resources. As required by SB 1078, the City of Ukiah Electric Utility recommends approval of a Renewable Portfolio Standard that outlines Ukiah's current power mix and commits to evaluating future resource investments for environmental as well as economic benefits, and annual reporting of the expenditures of public benefits funds for renewable energy resource development and descriptions of all energy efficiency and renewable generation programs to customers. Councilmember Rodin inquired about the table included in the Report and inquired as to why the percentages for real usage is going down and the forecasted years, Electrical Distribution En that takes into consideration on to explain the table to Council. S divided depending on the demand actually receive more in hydroelectric s explained that as the City's load increases City's load is going to grow. She went all of our energy is pooled and it's efore, some months we might in geothermal, etc. Mayor Larson explained that many IOU being required to become greener which makes the demand and the competition newable sources of production greater. We have a surplus as far as our mix in to the rest of the state. He inquired if there woul ing becoming less renewable by selling off the ~g interests to someone who needs the credit. El4 City wo~ consider I: ineer Sauers explained that because the City of Ukiah is p in each of these is small. Another issue is that the power from somewhere else. The City would have to more coal or something else. Councilmemb~ projections show t that the IOU's have to meet the 20% by 2017. Our he year 2017, the City will be at 80%. Councilmember Baldwin inquired if Ms. Sauers' staff has investigated the possibility of using the gas production at the sewage treatment plant to generate electricity. M/S Smith/Baldwin approving City of Ukiah Electric Utility Renewable Portfolio Standard and Authorizing Staff to submit it to the Northern California Power Agency (NCPA), carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Andersen 10. COUNCIL REPORTS Regular City Council Meeting December 17, 2003 Page 8 of 10 Councilmember Rodin reported that she attend the Russian River Watershed Association meeting. She attended the Chamber of Commerce Board meeting this morning. They are looking into the Business Improvement District (BID) and it is now broken down from one Countywide BID to now there might be regional BIDs that would contribute certain proportions to MCA. She also attended a meeting of the Guild. Councilmember Smith reported that he attended a meeting of the Main Street Program Board and they are planning a retreat during the month of January in order to outline some objectives for the coming year. One of the thin expanding the Main Street Sphere of Influence and recru district to become members of the Main Street Prog annual Strategic Workshop on January 21st and 22n' Councilmember Smith's alternate, and he will also purpose of the Workshop is to strategize for the Washin¢ Washington, they will be meeting with Diana Feinstein and he will to extend the City's appreciation and thanks for her including the City are working on is ew businesses in the ;PA will be having their Andersen, le Workshop. The ;. trip. While in tat opportunity Councilmember Baldwin reported that he attended a meeting of the Inlan~ Water and Power Commission. He was appointed to a subcommittee that the City Manager has also been attending. Today he Sanitation District Board. The Burck's very articulate report, was increased fees until he gains a g appears to be the most expensive optic briefly discussed the issue of the impa~ during the next six weeks he hopes to pollution. a rather lengthy meeting of the Ukiah Valley thing about the meeting, other than Ann Delbar was not ready to support of why the City selected what firms. He noted that they e o~ project. He advised that issue to the Council regarding lighting Mayor that atten, that Planning r Stump is also working on information Councilmember Baldwin may want to contact him. He reported tree lighting ceremony. He attended the Police Officers well as the employee appreciation dinner. On Monday, he ild reception. Councilm domain and included on the rred to information received in the mail concerning eminent She received a telephone message to have the matter I agenda soon. CoUncilmember ith advised that Heidi Meyer sent the information and she is affiliated with the Historical Society and she would like the City to do something about the Palace Hotel. City Manager Horsley explained that she will bring information to the Redevelopment Agency concerning the Palace Hotel. 11. CITY MANGER/CITY CLERK REPORTS Regular City Council Meeting December 17, 2003 Page 9 of 10 City Manager Horsley advised that the Police Department lost one of their clerks who went to another position in the City. They also just had a police officer move to Lake County. 12. CLOSED SESSION None. 13. ADJOURNMENT There being no further business, the City Council g wa,, ~urned at 9:26 p.m. Marie Ulvila, Deputy City Clerk Regular City Council Meeting December 17, 2003 Page 10 of 10 ITEM NO. 6a DATE: FEBURARY 4, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING GRANT REQUEST TO CALTRANS FOR MATCHING FUNDS TO FEDERAL AVIATION ADMINISTRATION (FAA) GRANT NO. 3-06-0268-06/07 On September 18, 2002, the City Council accepted a Federal Aviation Administration (FAA) grant for infrastructure improvements for the Ukiah Regional Airport. This grant is eligible for CALTRANS matching grant funds in the amount of 5% of the total grant amount. Now that the grant has been accepted from the FAA, an application must be sent to CALTRANS for the allowed match. A resolution from the City Council requesting the funds is essential to the application process. Staff is requesting Council adoption of the resolution to conclude this grant match request. RECOMMENDED ACTION: Adopt Resolution Approving CALTRANS grant request. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution is to be modified and adopt revised resolution. 2. Determine grant is not to be pursued, do not adopt resolution budget, and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA NA Paul Richey, Interim Airport Manager Mike Harris, Risk Manager/Budget Officer and Candace Horsley, City Manager 1. Resolution for adoption, page 1;. 2. Excerpt of September 18, 2002 City Council meeting minutes, page 2; 3. September 18, 2002 Agenda Summary Report, page 3. APPROVED: ' Candace Horsley, City er Asrcitycounci04 020404AirportGrant RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE SUBMITTAL OF AN APPLICATION, ACCEPTANCE OF AN ALLOCATION OF FUNDS, AND EXECUTION OF A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORATION, FOR A MATCHING GRANT FOR FEDERAL AVIATION ADMINISTRATION (FAA) APPROVED PROJECT UNDER AIRPORT IMPROVEMENT PROGRAM (ALP) NO. 3-06 0268-06~07 WHEREAS, pursuant to Section 21683.1 of the Public Utilities Code (PUC) the California Transportation Commission (CTC) is authorized to allocate funds for a portion of the local match for AlP grants; and WHEREAS, the California Department of Transportation, acting on the authority of the California Transportation Commission, may provide five percent (5%) for that portion of the FAA grant which is for airport and aviation purposes; and WHEREAS, the City of Ukiah is submitting an application for matching funds for FAA project, which is included in the State's Capital Improvement Program (ClP), at Ukiah Regional Airport. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah, State of California: . 06/07; Authorizes filing the application for matching funds for the FAA Grant No. 03-06-0268- 2. Authorizes accepting the allocation of funds for the project at Ukiah Regional Airport; 3. Authorizes execution of the Grant Agreement. BE IT FURTHER RESOLVED that the City Council of the City of Ukiah does hereby authorize Candace Horsley, City Manager, to sign any documents required to apply for and accept these subject funds on behalf of the City of Ukiah. PASSED AND ADOPTED this 4th day of February 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk _t.-- Resolution No. 2004- Page 1 of 1 ~,~,;-~t~on carried by the following roll call vote: AYES: Councilmembers Larson, Smith, 'Baldwin, and Mayor Ashiku. NOES' Councilmember Libby. ABSTAIN' None. ,~i..:~ ABSENT: None. 8. NEW BUSINESS 8d, Acceptance of Federal Aviation Administration (F/~) Grant for Infrastructure Improvements at the Ukiah Regional Airport Assistant City Manager Fierro advised that the City 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 will allow the City to complete a number of projects at the Airport, as identified in the Staff Report. The City is required to provide $45,648 as a grant match and the Airport Fund would provide these funds. Airport Manager Bua discussed how the Airport is trying to reduce noise from the airplanes affecting the residences to the south of the Airport by moving the taxiway to the north. He discussed relocating cargo operations and not having them use the ramp. 'He explained that several areas of the Airport are in need of improved fencing for approximately 1,000 feet. M/S Ashiku/Smith accepting the grant offer from the FAA for infrastructure improvements at Ukiah Regional Airport, carried by the following roll call vote' AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. City of Uklah, California Certified To Be A True and Exact Col Recessed: 8:27 p.m. Reconvened' 8:37 p.m. ,~,~ _ 8. NEW BUSINESS 8e. Approval of Optional Redemption of the 1992 Refunding Certificates of, Participation and Approval of Budget Amendment Finance Director Elton advised that analysis of the Civic Center debt has indicated that the City should exercise the "Optional Redemption" provision of the 1992 Refunding Certificates of Participation with the Redwood Empire Financing Authority. This debt was incurred for the original Civic Center construction. With the interest rates at very Iow levels, the City could save $172,000 by refinancing this debt. In order to do that, the City must give the holders of those certificates more than 30 days notice. Both principal and interest as currently scheduled is $1.4 million. The City has $867,000 set aside for that and that is why it would only take a small internal loan. Staff proposes that Council authorize a loan from the Workers Compensation Insurance Reserve Fund to the Debt Service Fund in the amount $250,000 to provide the additional cash to pay off the certificates of participatiOn. M/S Smith/Ashiku approving a loan from Fund #910, Workers Compensation Insurance Reserve, to Fund #150, REFA V Debt Service, in the amount of $250,000 at an annual interest rate of 3%, approve an amendment to the 2002/2003 budget accounts: Increasing expenses in Principal Payments #150.7005.681.000 from $330,000 to $1,320,000 (increase of $980,000) and revenue in Debt Financing Proceeds #150.0700.555.000 from $0 to $150,000, and approve and direct staff to Regular City Council Meeting September 18, 2002 .-~_ - Page 8 of 15 ITEM NO. sd DATE:j:.e'0{;~mber !I~, 2,00,2_. _A,.G-E-..N.D A .... ,~._U_U.M.,,M A .R Y REP. O,R ,T SUEiJECT: "AcCE~PTAN{~E OF"~ED~RAL' 'AViA~i'ON ADMINISTRATION (FAA)GRANT FOP, INFRASTRUCTURE iMPROVEMENTS AT THE UKIAH REGIONAL AIRPORT . Tile City of Ukiah was awarded a Federal Aviation Administration (FAA) grant for in[rastructure improvements at the Ukiah Regional Airport totaling $873,000 for FY 2002/03. This grant was awarded in accordance with provisions of the Feder..ai Air~.~rt &~l,g~y, im~ro~.emen.~ Act. These monies are aw~rded to airports for the development and maintenance of faCilitieS that serve the public, All airports gov3rned by the FAA are mandated under law to be safe and Well maintained under provisions pre;.~cribed 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 ofland adj~cent to the airport [Ryan Property, flight path safety zone]; b) Replacement of portions of the storm drain system; c) Removal and recons[ruction of pavement areas on the ramps; d) Construction of an aircrat't run-up area adjacent to the South taxiway [to avoid excessive noise-directed toward residential are,'~s]; e) Development ol= a cargo operations center located north of the taxiway [to dear traffic congestion on the ramp]; f) ConstructiOn of an alt weather perimeter access road on the east side of the run,ray to [ho SOuttleast airpo.r~ operations center [for safety equipment access]; and g) .Enclosure of an op(;n drainage ditch parallel to the north taxiway area. '1'he City is required to provide $45, 648as a grant match. There funds will be provided by the Airport Fund. With the acceptance bf the grant offer by the City Council, the FAA will complete a final agreemont for execution. ~'. , --~ -~ ,, ,. i.,, , ,,, ,, , . , ~, i , , _ ,,,j~ ,. l RECOMMENDED ACTION: Accept the grant offer from the FAA for infrastructure improvements at Ukiah Regional Airport. ,,.g.., . ~ ,.,,~,~ . : :,~,..-~.__ -.;.;., ,,, ,. ,..., _.-_.-. ALTERNATIVE COUNCIL POLICY OPTIONS: Vote not to approve grant offer and direct staff with other opLions. ',~ ..... ' " - "'~- " "' -'"'' ' " '"~ ::~:: :'~" ' ~":'' '' ' ' " ' R~.,q~es[ed by: Prapared by: Cc, ordinated wi~h: AtLachments: At'PROVED: NtA Albert T. Fierro, Assistant City Managor Don Bua, AirPort Manager and Canda~e Horsley, City Manager 1, FM grant offer 2. Pre-application review ..:. ~- : 1,,,,._ ~: ;:;-*.,.. , _.~,.. andace HorslY, Ci;~Y Man~ger 2001 :?~? AGENDA SUMMARY ITEM NO. 6b DATE: February 4, 2004 REPORT SUBJECT: AWARD PURCHASE OF LIQUID POLYMER- EMULSION, TO POLYDYNE, INC.IN THE AMOUNT OF $7,440 SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 12,000 lbs. of liquid polymer - emulsion, be awarded to Polydyne Inc. in the amount of $0.62 per pound for a total value of $7,440 plus tax. The material is used at the Wastewater Treatment Plant as a coagulant in the solids dewatering process. In response to the City's Request for Bids, three bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Polydyne Inc. with a base bid of $0.62 per pound of liquid plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612.3580.520.000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to Polydyne Inc. for liquid polymer - emulsion, at $0.62 per pound for a total value of $7,440.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject all proposals and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment Supervisor Jerry Gall, Wastewater Treatment Supervisor ,,~/,, Rick Kennedy, Interim Public Utilities Director and Candace Horsley, City Manager 1. Bid Opening Results 2. Initial page of bid from Polydyne Inc. APPROVED: Candace Horsley, City Manager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk=s Office) BID OPENING FOR: 12,000 lbs. Liquid Polymer- Emulsion SPECIFICATION NO. POLY-EMUL DATE: January 27, 2004 TIME: 2:00 p.m... , , , COMPANY POLYDYNE, INC. I CHEMICAL PLANT ROAD RICEBORO, GA 31323 DEGUSSA-STOCKHAUSEN 110 E. TERRELL STREET GREENSBORO, NC 27406-2920 CIBA SPECIALTY CHEMICALS 2301 WILROY ROAD SUFFOLK, VA 23434-32021 AMOUNT Marie Ulvila, Deputy City Clerk Bids: Liquid Polymer-Emulsion 2004 bids rec TO: CITY of UKIAH 300 Seminary Ayenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACbEPTED RETURN THIS FORM THIS IS NOT AN ORDER POLYDYNE INC. Attn: Bids & Contracts Administrator P.O. Box 279 Riceboro, GA 31323-0279 DATE: 1/9/04 REQ. NO. POLY-EMUL BIDS WILL BE RECEIVED UNTIL 2:00 p.m. January 27, 2004 AT THE OFFICE OF THE DEPUTY CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila QUOTATIONS ARE REQUESTED FOR THE FOLLOWING ITEMS: , - ,,DESCRiPTiON QUANTITY - Approx. 12,000 lbs. ii Clarifloc SW-057 Liquid Polymer - Emulsion. Polydyne SW-057, Praestol K144L or "Equal" as per attached City of Ukiah specifications. _AL_L_-QUOTATIONS_SHALL BE F.O.B. UKIAH, CA. UNIT PRICE TOTAL $0.62/Lb. $7,440.00 If you have questions, contact: Jerry Gall at 707-467-2818 TERMS: Net 30 Days~ __ DEL. TO: F.O.B. No Discounts Ukiah }EL. DATE: 3 Days A.R.O. lB)DER: Polydyne Inc. Lawrence D. ~ITLE: Business Manager Phone: 912-880-2035 Fax: 912-880-2078 ~ATE: January 22t 2004 TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform adequately for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 5. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Ukiah, within 30 days constitutes a contract. 6c ITEM NO. DATE: February 4, 2004 AGENDA SUMMARY REPORT SUBJECT: AWARD PURCHASE OF LIQUID POLYMER - ALKYAMINE, TO POLYDYNE, INC. IN THE AMOUNT OF $13,500 SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 30,000 lbs. of liquid polymer- alkyamine be awarded to Polydyne Inc. in the amount of $0.45 per pound for a total value of $ $13,500 plus tax. The material is used at the Wastewater Treatment Plant as a coagulant in the advanced treatment process. In response to the City's Request for Bids, three bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Polydyne Inc. with a base bid of $0.45 per pound of liquid plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612.3580.520.000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to Polydyne Inc. for liquid polymer- alkyamine at $0.45 per pound for a total value of $13,500.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject all proposals and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment Supervisor Jerry Gall, Wastewater Treatment Supervisor Rick Kennedy, Interim Public Utilities Director and Candace Horsley, City Manager 1. Bid Opening Results 2. Initial page of bid from Polydyne Inc. APPROVED: "C'a n~n~~s~~C it ~ M-,~ag e r CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk=s Office) BID OPENING FOR: 360,000 lbs Liquid Polymer- Alkyamine SPECIFICATION NO. POLY-ALKY DATE: January 27, 2004 TIME: 2:00 p.m. . COMPANY POLYDYNE, INC. I CHEMICAL PLANT ROAD RICEBORO, GA 31323 AMOUNT ~~ ~---~ ~ . DEGUSSA-STOCKHAUSEN 110 E. TERRELL STREET GREENSBORO, NC 27406-2920 CIBA SPECIALTY CHEMICALS 2301 WILROY ROAD SUFFOLK, VA 23434-32021 Marie Ulvila, Deputy City Clerk Bids: Liquid Polymer-Alkyamine 2004 bids rec TO: CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE A(~C'EPTED RETURN THIS FORM THIS IS NOT AN ORDER POLYDYNE INC. Attn: Bids & Contracts Administrator P.O. Box 279 Riceboro, GA 31323-0279 DATE: 1/9/04 REQ. NO. POLY-ALKY BIDS WILL BE RECEIVED UNTIL 2:00 p.m. January 27, 2004 AT THE OFFICE OF THE DEPUTY CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila QUOTATIONS ARE REQUESTED FOR TI.-UE FOLLOWING ITEMS: QUANTITY Approx. 30,000 lbs. .SJLL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. DESCRIPTION Clarifloc SW-238 Liquid Polymer - Alkyamine. Clarifloc SW-238, Praestol 193K or "Equal" as per attached City of Ukiah specifications. If you have questions, contact: Jerry Gall at 707-467-2818 UNIT PRICE $0.45:.0 /Lb. A' 6 TOTAL $13,500.00 TERMS: Net 30 Days~ No Discounts )EL. TO: F.O.B. Ukiah DEL. DATE: 3 Days A,R,O, BIDDER: Polydyne Inc. / BY: Lawrence D. Grizzreu TITLE: Business Manager Phone: 912-880-2035 F~ax: 912-880-2078 DATE: January 22, 2904 TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform adequately for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 5. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Ukiah, within 30 days constitutes a contract. ITEM NO: 8a DATE: February 4, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING TRAFFIC IMPACT FEES FOR THE DANCO SUMMERCREEK VILLAGE APARTMENT COMPLEX PROJECT SUMMARY: On July 23, 2002, the City Planning Commission conditionally approved the Danco Summercreek Village apartment complex project on Gobbi Street. Under condition number 24 of the approved Site Development Permit, Danco agree to contribute to off-site capital improvement funds to pay for road and intersection improvements necessary to mitigate traffic impacts. On November 14, 2002, Danco formally entered into an Agreement with the City to pay the fees once they were established by the Council's subsequent adoption of a Resolution. The purpose of this Agenda item is for the Council to formally establish the fees via the adoption of a Resolution. HOW THE FEE WAS DETERMINED: Staff used recent traffic counts at nearby intersections to determine the current volume of traffic flowing along Gobbi Street. We used the Traffic Study for the Danco project to determine the volume of traffic that the project would contribute to the existing flow. (Continued on page 2) RECOMMENDED ACTION: Adopt the Resolution establishing the traffic impact fees for the Danco Summercreek Village apartment complex project. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Resolution and provide direction to Staff. Citizen Advised: Danco Builders were notified, and a public notice was published in the Ukiah Daily Joumal consistent with the requirements of the Ukiah Municipal Code. Requested by: Chadey Stump, Director of Planning and Community Development Prepared by: Chadey Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and Diana Steele, Director of Public Works Attachments: 1. Resolution for Adoption Candace Horsley, Cit~Manager The two most impacted non-signalized intersections along Gobbi Street are Main/Gobbi and Orchard/Gobbi. The Traffic Study indicates that signals are needed at both intersections. While the Gobbi/Orchard traffic signal is nearly funded, no funds have been collected or budgeted for the Main/Gobbi intersection. Intersection Average Daily Project Traffic Percent Improvement Fair Share Traffic Increase Cost* Contribution Main and Gobbi 13,380Vehicles 560 Vehicles 4.2% $300,000 $12,600 (4.2%) Orchard and 15,160Vehicles 260 Vehicles 1.7% $267,142 $4,541.41 Gobbi (1.7%) TOTAL $17,141.41 * The cost of the improvement s have been determined by the Department of Public Works Staff. DANCO BUILDERS REVIEW: Danco Builders have reviewed the methodology used to arrive at the fee, as well as the proposed Resolution, and have expressed no opposition to Staff's proposal. RECOMMENDATION: Adopt the Resolution establishing the traffic impact fee for the Danco Summercreek Village apartment complex project. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING CAPITAL IMPROVEMENT (TRAFFIC) FEES FOR THE DANCO SUMMERCREEK VILLAGE APARTMENT COMPLEX PROJECT WHEREAS, on July 23, 2002, the City Planning Commission conditionally approved Site Development Permit No. 01-20 for Danco Builder's affordable housing project, called Summercreek Village apartment complex; and WHEREAS, Under condition No. 24 of the approved Site Development Permit, Danco agreed that it would contribute to off-site capital improvement funds established pursuant to Ukiah City Code section 9543 to pay for road and intersection improvements necessary to mitigate traffic impacts identified in the environmental assessment prepared for the Danco project; and WHEREAS, On November 14, 2002, Danco Builders and the City of Ukiah signed a formal Agreement (included as Attachment "A"), in which Danco Builders agreed to implement condition No. 24; and WHEREAS, condition No. 24 requires the City to determine the exact improvements and amount of Danco's contribution by the adoption of a Resolution pursuant to section 9543 of the Ukiah City Code ("UCC"); and WHEREAS, City Staff determined that the two unsignalized intersections most impacted by the Danco Summercreek village apartment complex project are Main Street/Gobbi Street and Orchard Avenue/Gobbi Street; and WHEREAS, the City's cost estimate for signalizing the Main Street/Gobbi Street intersection is $300,000.00, and the Danco Summercreek Village project will increase traffic volumes at this intersection by 4.2%; therefore, the fair share contribution is $12,600.00; and WHEREAS, the City's cost estimate for signalizing the Orchard Avenue/Gobbi Street intersection is $267,142.00, and the Danco Summercreek Village project will increase traffic volumes at this intersection by 1.7%; therefore, the fair share contribution is $4,541.41; and WHEREAS, Danco Builder's fair share contribution total capital improvement (traffic) fee is $17,141.41. WHEREAS, The City Public Works Director has indicated that the Gobbi Street/Orchard Avenue intersection signalized project is a very high priority project and is nearly funded, and that it may be prudent to use the total Danco Builders Traffic Impact fee to finalize the funding of this signal; and WHEREAS, Danco Builders have not expressed opposition to the City using their total contribution to finalize the funding for the Gobbi Street/Orchard Avenue signalization project if it chooses to do so; and Resolution No, ~ Danco Summercreek Village Traffic Fees Page 1 of 2 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby that: 1. The fee imposed by this Resolution shall be charged upon and paid prior to the occupancy of development within the Danco Summercreek Village apartment complex; except as otherwise specifically provided in UCC Section 9543. No certificate of occupancy or permit shall be issued until the required fees are paid. "Certificate of Occupancy" shall mean the certificate described in UCC Section 109, of the currently adopted edition of the Building Code. 2. Fee. The fee for constructing the Danco Summercreek village apartment complex shall be $17,141.00. 3. Use of Fee. The fee shall be used solely to pay (1) for the described public facilities to be constructed by the City or for reimbursing the City for the development's fair share of those capital improvements already constructed by the City. 4. Fee review. If any fees collected pursuant to this resolution remain unexpended five (5) years after collecting such fees, the City shall review the fees if and as required by Government Code Section 66001 (d) or any amendments thereto. If some, but not all, fees collected pursuant to this Resolution are expended as authorized herein, it shall be conclusively presumed that the fees first received are the fees first expended. 5. Judicial action to challenqe this Resolution. Any judicial action or proceeding to attack, review, set aside, void or annul this Resolution shall be brought within 120 days from the date this Resolution is adopted. PASSED AND ADOPTED on this 4th day of February, 2004, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Danco Summercreek Village Traffic Fees Page 2 of 2 EXHIBIT "A" Resolution No. AGREEMENT TO IMPLEMENT CONDITION OF APPROVAL NO. 24 SITE DEVELOPMENT PERMIT 0'1-20 (Danco Builders - Summercreek Village) This Agreement is made and entered in Ukiah, California on November 14th, 2002, by and between Danco Builders, a corporation duly organized and existing under and in compliance with the laws of the State of California ("Danco") and the City of Ukiah ("City"), a general law municipal corporation. RECITALS: 1. On July 23, 2002, the City Planning Commission of the City Conditionally approved site Development Permit No. 01-20 for Danco's affordable housing project, called Summercreek Village apartment complex. 2. Under Condition No. 24 of the approved Site Development Permit, Danco agreed that it will contribute to off-site capital improvement funds established pursuant to Ukiah City Code section 9543 to pay for road and intersection improvements necessary to mitigate traffic impacts identified in the environmental assessment prepared for the Danco Project. AGREEMENT: In consideration of the 'above-recited facts and the terms and Conditions as further Stated herein, the parties hereby agree as follows: 1. Danco agrees to pay off-site capital improvement fees pursuant to Condition No. 24, a true and correct copy of which is attached hereto as Exhibit A. Danco shall pay its proportionate contribution for any such improvements based on a resolution or resolutions adopted by the City Council pursuant to Ukiah City Code section 9543. Notwithstanding the' provisions of said section, Danco shall pay the fee or fees imposed upon it pursuant to this paragraph not later than sixty (60) days following adoption of said resolution or resolutions. If the fees are adopted before all required permits under the uniform Building, Electrical, Mechanical or Plumbing Codes as adopted in the City are issued to Danco for the Project, Danco shall pay the fee as a condition of receiving any permits not already issued'. In lieu of a cash payment to the fund or funds for said off-site capital improvements, Danco may agree to deposit the funds required by any such resolution upon demand by the City and provide security for the performance of that agreement satisfactory to the City, including a 'letter of credit, certificate of deposit, or corporate surety bond. 2. If Danco fails to comply with its obligations under this Agreement, City shall have the right to deny Danco any permits or other authorizations it requires for the construction or occupation of the Project and, in addition to any other remedies available in law or equity, the City shall have the dght to bdng a legal action to recover the fees or costs Danco owes under said resolution or resolutions. In any such action Danco expressly waives any Objection it might otherwise have to venue in Mendocino County or any right to a change of venue or a judge from a neutral forum. DancoFees-AGREE1 1 November 21, 2002 3. The parties agree that any such action is an action to enforce a City ordinance within the meaning of Ukiah City Code Section 2052. 4. Danco acknowledges and agrees that if disputed the legality or enforceability of Condition .No. 24 or this Agreement, it could have (1) made that objection during the administrative hearings before the City conducted in connection with its Site Development Permit, (2) filed a timely action in court to challenge that Condition, and (3) refused to enter the Agreement. Danco acknowledges that the City and its residents, including those who will use the roads, intersections and facilities impacted by the Site Development Permit, have relied upon Danco's Agreement with Condition No. 24, and that Danco is barred from challenging Condition 24 and this Agreement by, among others, the doctrines of estoppel, failure to exhaust administrative remedies, and failure to exhaust judicial remedies. 5. The respective signatories to this agreement warrant and represent that they are authorized to sign this agreement on behalf of the party he or she represents and that this agreement is binding on that party. 6. This agreement shall be binding on any party who succeeds to Danco's interests in the Project, but may not be assigned without the pdor wdtten consent of the City. 7. This agreement may be executed in duplicate originals, each bearing the original signatures of the parties and when so executed, each such duplicate shall be admissible in any judicial or administrative proceeding as proof of the terms thereof. WHEREFORE, the parties have entered this Agreement on the date first written above. ' DANCO BUILDERS By: its: CITY OF UKIAH Phil Ashil~,~ M~ayor ATTEST: Marie Ulvila, City Clerk DancoFees-AGREE1 November 12, 2002 EXHIBIT "A" Agreement to Implement SDP Condition of Approval No. 24 Condition of Approval No. 24 SITE DEVELOPMENT PERMIT 01-20 (Danco Buiiders~' Inc. -Sumrnercreek Village) 24. The.project shall become effective when the applicants sign a written agreement with the City of Uldah that requires them to pay their proportionate share of the cost of constructing the road and intersection improvements required to rnil~gate the traffic impacts of the project on Gobbi Street and the alfected intersections on Gobbi Street, as identified in the Submitted franc study for the project, prepared by TJKM Transportation Consultan[s, dated November, 2001. These improvements may include traffic signals at the intersection of Gobbi Street and Main Streets, or alternatives such as elirninafJng traffic stop signs, restriping, new sign placement, installation of medians, the creation of new turn lanes, etc. The exac[ improvements required and the amount of' the' contribution shall be determined by a Resolution or Resolutions adopted by the Ukiah City Coundl pursuant to Uldah Code Section 9543 ("the Resolutions"). Not withstanding the provisions of said section, Danco Builders or its successors, shall pay the fee or fees imposed upon it pursuant to this condition no later than sixty (60) days following adoplfon of each said Resolution,' unless that Resolution is adopted before a Building Permit .is issued to Danco Builders for the construction of the Summer Creek Village apartment complex project. In that event, Danco Builders or its successors must pay the feet at the time the Building Permit is issued. In lieu of a cash payment, to the fund for off-site capital improvements created by the Resol~ons, Danco Builders or its successors may agree to deposit the funds upon the demand by the City and provide security for that agreement satisfactory to the City, including a letter of credO' certificate of deposit, or bond. AGENDA SUMMARY 8b ITEM NO. DATE: February 4, 2004 REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR COMMUNITY DEVELOPMENT COMMISSION OF MENDOCINO COUNTY HOUSING ACQUISTION AND SECURITY DEPOSIT REVOLVING LOAN FUND The Community Development Block Grant (CDBG) program provides financial assistance to local governments for economic development and housing activities which address the needs of Iow to moderate income persons. Over the years the City of Ukiah has been successful in obtaining these grant for purchase of the Ukiah Community Center property, development of the Cultural and Recreational Center adjacent to the new Grace Hudson Elementary School, and revolving loans for new and expanding businesses. The Community Development Commission of Mendocino County (CDC) is requesting the City Council consider housing acquisition and rental security deposit revolving loans for the 2004 application. This public hearing is to consider the proposal and authorize the application. CDBG regulations require two public hearings regarding the program. The first provides general information and requests design input for an application (conducted by Staff on August 7, 2003). The hearing this evening is the second and in addition to approving an application, must address again the general information. The following are program facts for the current CDBG funding cycle: 1) $27 million is available for distribution statewide, 2) $800,000 is the maximum award for any single jurisdiction under both the General and Economic Development components of the Program; 3) $500,000 is the maximum per application per year for either component; 4) the projects applied for must benefit persons in the Targeted Income Group (TIG) as defined by (continued on page 2) RECOMMENDED ACTIONS: Open Public Hearing, Receive testimony, And Approve Resolution Applying For CDBG Grant. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine Application For CDBG General Allocation Funds On Behalf Of The CDC is inappropriate and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Public Hearing noticed in Ukiah Daily Journal Community Development Commission of Mendo¢ino 6;oun~. Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution for adoption, page 1; APPROVED: Candace H orsley, 'Ci'ty,~M a n ager ADOPTION OF RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR COMMUNITY DEVELOPMENT COMMISSION OF MENDOClNO COUNTY HOUSING ACQUISTION AND SECURITY DEPOSIT REVOLVING LOAN FUND February 4, 2004 Page 2 Housing and Community Development which generally encompasses individuals or families with income levels of very Iow (30-50% of County median), Iow (51-80% of County median), and moderate (81-120% of County median); and 5) eligible activities include Housing, new construction and rehabilitation, Community Facilities and Public Services, and Public Works. CDC is proposing that the major portion of the grant be to secure loans for eligible families to purchase single family homes within the city limits of Ukiah. This program will target properties owned and rented by CDC with the tenants having first right of refusal. Several families have indicated an interest to purchase the units they are living in, and this grant will provide that opportunity. The City's current Downpayment Assistance Program guidelines will serve as the criteria for the grant activities. The other portion of the grant will be to set up a revolving loan program for first and last month's rent for eligible families. This is significant need in the community which will reduce the substantial detriment toward long term affordable housing. The loans will allow persons otherwise qualified to maintain monthly rental payments the ability to move in and payoff the deposits over the term of the occupancy. Staff believes both of these programs will significantly assist the local housing situation. The City has had a long and successful alliance with CDC who has the capability to also administer the grant. Staff recommends adoption of the resolution approving the grant application, authorizing the City Manager to act on behalf of the application and the grant, and also authorizing the CDC to act on behalf of the grant programs. mfh:ASRCC04 0204CDBGt RESOLUTION NO. 2004- ~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Ukiah as follows: SECTION 1: The City Council has reviewed and hereby approves an application for up to: Housing Acquisition Loans Housing Acquisition Activity Delivery Revolving Loan Fund for Security Deposits Revolving Loan Fund Program Activity Delivery General Administration $400,000 $ 32,000 $ 31,000 $ 2,5oo $ 34,500 SECTION 2: If the grant application is approved, the City will provide local leverage for the housing acquisition and revolving loan program as follows: Staff time (General Administration): $500 SECTION 3: The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. SECTION 4: If the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments thereto with the State of California for the purposes of this grant. SECTION 5: If the application for funding is approved, in accordance with a Memorandum of Understanding to be executed by the City of Ukiah and the Community Development Commission of Mendocino County, the Executive Director of the Community Development Commission of Mendocino County or his/her designee(s) is authorized to act on the City's behalf in all matters pertaining to this Program, including executing all other documents and reports as required by the Department or HUD for participation in the CDBG Program. PASSED AND ADOPTED this 4th day of February 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk Resolution No. 2004- Page 1 of I ITEM NO: 9a DATE: February4,2004 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING LIGHT POLLUTION IN THE UKIAH VALLEY SUMMARY: Vice-Mayor Baldwin has submitted a letter to the City Council and asked to agendize a discussion of light pollution. Staff and the Planning Commission have been responding to this issue during the review and approval of development projects, and have been conducting research on methods used to limit and soften the impacts of lighting. To supplement this discussion, the City Public Utilities Department has prepared information about the City street lighting program. Staff and Planning Commission Work: After the construction of the new Safeway store (South State Street and Gobbi Street) and Shell Service Station (Airport Industrial Park) were constructed, Staff and the Planning Commission have had a heightened concern about lighting. The decorative parking lot light poles and fixtures at the Safeway store are attractive, but bright and unshielded. The Shell Service Station has lighting underneath the gas pump canopy that is shielded, yet extremely bright. These two projects in particular prompted the Planning Commission to look closer at project lighting as it reviewed development proposals. In response, the Planning Commission now has routinely placed conditions on development projects that require lighting to be shielded, and the minimum necessary for safety. The emphasis has been to eliminate light shining up toward the night sky and spilling onto adjacent property, while at the same time, ensuring safety. Typically, the Commission imposes a condition requiring a final Lighting Plan to be submitted for administrative review and approval prior to the issuance of a Building Permit. (Continued on page 2) RECOMMENDED ACTION: Discuss light pollution and provide direction to Staff. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Oak Knoll Road Neighborhood Group Requested by: Vice-Mayor Phil Baldwin Prepared by: Charley Stump, Director of Planning and Community Development and Rick Kennedy, Intedm Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachments: 1. Letter from Vice-Mayor Phil Baldwin to City Council 2. Supporting documents regarding light pollution 3. Light Pollution: The Problem, The Solutions, by David L. Crawford APPROVED: Candace Horsley, City Manag"e,r In addition, Staff has been researching the topic of light pollution in an effort to gain a better understanding of the issues, as well as what techniques can be used to soften and limit the impacts of lighting. We have collected a substantial amount of information from the Intemational Dark Sky Association, New England Light Pollution Advisory Group, International Association of Lighting Designers, and National Electrical Manufactures Association. Last December, Staff provided the Planning Commission with an article entitled "Light Pollution: The Problem, The Solutions" by David L. Crawford of the Intemational Dark Sky Association (attached). In it, Mr. Crawford provides a brief list of ways to soften night lighting. We are also in the process of developing a list of lighting fixtures endorsed by the Intemational Dark Sky Association. The list will be shared with the agents for development projects to assist them in selecting lighting fixtures that are hooded/shielded, have full cutoff (do not spill off the project sites), and have appropriate lenses and wattages for safety. Conclusion - Planning Commission Work: The Planning Commission has been concerned about project night lighting for some time. It now routinely requires all lighting to be subdued and shielded, and for developers to submit Final Lighting Plans before Building Permits are issued. Staff is exploring the technical aspects of lighting fixtures and developing a list of parking lot lights, landscaping lighting, and other exterior lights that are endorsed by the Intemational Dark Sky Association and other leading organizations concemed with night lighting. STREET LIGHTING: Street lighting is installed to provide nighttime visibility for the driving public and for security purposes. In the City of Ukiah, street lighting along public streets is provided by the City and, in the case of a subdivision, the street lighting is installed at the expense of the subdivider. In accordance with the City's Municipal Code, all street lighting is installed as required by the Electrical Division Superintendent with the approval of the City Manager. Generally, existing power poles are utilized to support the street lighting fixture which creates a typical spacing of 120 feet to 150 feet. The City currently utilizes high-pressure sodium lamps that have a high efficiency. The wattage of the lamp, the type of lens used and the height and spacing of the street light installation will determine the amount and pattem of light distributed on the road pavement. The location of the street light will determine the wattage of the lamp and the type of lens to be used. For street lights along road segments between intersections, lamps of 100 to 150 watts and lenses that distribute light in an elongated pattem are used. At intersections, lamps of 250 wafts and lenses that produce a circular light pattem are utilized. Light disbursement control is achieved through the lens and, with today's technology lighting shields are generally not needed to reduce the amount of light that is directed towards private property. The City currently maintains 1,230 street lights. The street lights are controlled by individual photo electric cells and, based on the energy cost of $0.13 per kilowatt hour (1000 watts per hour) and a running duration of 10 hours per day, the annual energy cost is $99,980. For the fiscal year 2002- 03, the City expended $145,422 to maintain and operate the street light system. RECOMMENDATION: Discuss light pollution and provide direction to Staff. December 29, 2003 Fellow Councilmembers, Piercing monster lights announcing "I'm Bad and I'm Mad" have arrived in force, bolstering mounting evidence the corporate system stops at nothing. Yes, we know that menacing quad auto headlights are beyond the purview of city government. However, the regulation of stationary lighting hasn't yet been usurped by the corporate puppets in Washington and Sacramento. In jeopardy is our freedom to walk Ukiah thoroughfares at night without being jolted by angry lighting. In jeopardy is our freedom to enjoy star gazing and darkness out our back doors. So I ask this Council to consider improved regulation to diminish light pollution and light trespass in our community. Isn't it our Constitutional duty to defend Ukiah's domestic tranquility against the nasty combo of noxious new technology and decreasing civility? Sincerely, Phil Baldwin Text Link Intemational Dark-Sky Association Site Sea-ch IDA's Lighting Code Handbook V1.14 Sep 2002 P;ease review the following information before downloading (link below). .Site Map Newsroom IDA Ouldoor Lighting Code Handbook and USA Pattem Lighting Code A Summary Education Meetings Resources Link~; Sectioq~ ODL Regs IDA Position Model LO & WG IDA-LCHB Befiinners Guide !ntemat~a~ U.S.A. State U.S.A. Muni Contents: Introduction Why Must outdoor Lighting Be Regulated What is an Outdoor Ughting Code What Makes a Lighting Code Effective? Different Standards for Different Areas Why Doesn't the USA Patlem Ughting Code Specify Ughting Levels? Practical Impacts of the USA Pattern Outdoor Ughting Code Handbook Contents About the International Dark-Sky Associ~ion (IDA) How to Obtain a Copy of the Handbook? Introduction Outdoor lighting i~ used for a variety of ~ in om- modem society. For wofl[ or recreation, it enables people to see essential detail so they can be while at the same time it often compromises safety and utility, the very reason f~' its imtaIlalioa. Bad lighting hurts every(mc, The ]o~s (i' the dark Though outdoor Ughting cxxtes originated with the pioneeaing efforts of western American communities with significant astn)nomical research facilides, communities. IDA gets many requests for information ea ordinances and f~' copies e/' existing lighting ordinancm. The IDA Outdoor Lighting Code Handbook and USA. Pattern Lighting Code are a response lo these ~ and should be c/' assislance to anyone in composing lighting codes in the increasing numbers of communities that want to ad/hess the issues. It i~ intended as an aid to communities that are $eekin~ to take comrol of their outdoor Ughdn~, to "take back the night" that is being lost to careless and excessive' use o{' night lighting. Why Must Outdoor Ughting Be Regulated? Though there arc mamy needs for Ughling in our built-up cnviroomcm, otmusive affccts of Ughfing ~tcn cxtcad well beyond thc bourrlarica d thc area in which the Ughting is imtalled. These ~vc ~, md~ as glare, uespa~ energy wa~ ami. sky glow, can have ~ious cm~ee~:m~ for the usc.public health, safety, and welfare, but they can also be effectively c~miroiled or eliminated with c~-efally c~sidcred aflentimi to design, installati~m, and What is an Outdoor Lighting Code? An outdoor lighting c~de is a lcgal document that cstahtislm and defines pcflniued and prohibited Ugbdng practic~, with an cmjtmsis on lhni~in~ thc obamivc aspec~ of lighting mom than an cm.nh~H.~ m good lighdng pcr sc. Ligfaing codes arc cd*~:n included a~ a chap~ d ~he _~/~ ~' laml-mc cede fo~ a locality. A ij~phfin~ code is the vehicle for a community lo expte~ i~ expectati~ about quality lighting, ff it i~ well written, impl~ and eafotced, the ...... · . .... . : · ... .. Lighting codes may be enacted at different governmental levels, from state to counties or townships, to cities, and even to development projects or neighborhoods. Statc-levd codes usually address only very general issues, such as lighting built with slate funding. State laws also enable thc adoption of more comprehensive codes at local levels. What Makes a Ughting Code Effective? Thc goal of a Co& is t~ elimination of glare and of ~ uplight as well as th~ minimivation of the oth~ adverse effects ~- po~ quality lighting. Actually achieving the goals wquixes not only a good lighting code but effective implementation and then enforcement of the code on aa ongoing basis. The adopfon of a good lighting code'involves several steps. Fa'st, an awareness of the issues and of the characteristics of quality lighting must be built. This proceas usually starts with an individual or group that is especially mofvated or sensitive to the issues of the aesthetic character of dark skies and of the many values of quality lighting. Only thea can one begin to draft a code agptopdate for the community and to bring this code through to Practicality of application and enforcemeat is emphasized again and again ia the Handbook and USA Pat~m Code. Defmiti~m mint be ua~e; rules must not t~ly ~ technically convet and effective, they must also be understandable and enforceable; f~ms m~st be dear and uadetstandablc to Ughting usera, Ughting deaigneta, and plurmln,g staff. Achieving theae e~xplcx and interrelated goala ia challen~n~ but tl~ must be Different Standards for Different Areas Diffetem areas, with different devdol~xl and natmal c~adifom, have diffedag levels c~ appropriate light mag, e, and diffevmt semifivities ~o the variom obtrmive asgec~ of outdoor lighting. Because of this, five lighting z~m a~e dd'med in the USA Palm Lighting Code, and lighting madants Why Ooesn~ the USA Pattem Ughting Coda Specify Lighting Levels? Nighttime overlighting is inereasin~y becoming a serious issue. An egregious example in recent years is serdee statim canopy lighting, but other for the aging eye. A natural indinatio~ is to turn to tl~ li~ting l~ffe~ion iw. lf and use ~ lighting levels m defined by th~ lllumlmting i~gineedng Society of North America (IESNA). For several practical reasom, however, the USA Pattern Li~ting Code has em,nibbled a diffenmt approach, taidng a directi~ that avoids whexever possible teclmieal lighting specificatio~ The control of the majodty of overli~tlng problems can be addnmsed effectively by an overall cap ~m the amount of light permitted, scaled to lhe ~a to be developed - lumens per ac~e caps. The amount of light included in a design, measured in lmnem, is practical and sim~c to verify fi-om a ~mple Ust ff lampa, ancl requbes eo special lighting expertise. It leaves the maximum flexibility for the lighting &~igt~, while at the same time keeping a cap ea the total amotmt ~ light usexL As long m the lumen ~o~mm permitted provide remoaable amounts of light for the ~ to work with, profeasional quality de, gus can solve the problems of each lighting situation by trading off the amomm of dexx~fivc and geaeral illumination and the areas to be ill,mfimted. IDA believes that creativity in lighting design is enhancxd rather ,hah suplnessed by this approach. Practical Impacts of the USA Pattem Outdoor Ughting Code Impiememafion and enforcement of a lighting code affects plmming and code enforcement staff. In ~6on to the 6me required to wview additioml materials related to lighting, ~ possible follow-up on-site to verify compliance, the staff will need to develop some fami~i~ty r,4th liglaling terns such as lumens, and the shielding characteristic of l~~. Enfant indudea not only the assurance that platm and eonstnu:tiom conforms to the standards of the code when the building or lighting permit is issued and when the project is completed, but also monitodag ~f e(~imfiag c~mplianee after the project is e~mpleted. Some areas of lighting codes suffer from diiF~culty or impracticality of enfota:ement. A few of tho~e areas ate ~ in the Handbook. Much can be accomplished through a proces~ of general education in a community; many dTlfficult cnfol'ccmcllt problcols ~ be effeetivdy ~ in any other way. After the code is in place, its continued sucr,,ess depends on malnt~nln~ ~ involvelllellt alld ~ of tl~ ~lnmlloity. It is not the intent of the IDA Outdoor Lighting Co& Hmdlx~k to o~er a single solution appropriate for all ~xnmunities or situafiom. It does offer a comprehe~vc guide de~tibing issues relcvaat to the c~ntrol of the obma~ivc aspects of outdo~ lighting, and thc effective wgula~ appmaeh~ to mitigate these aspects. It is inteaded for use by any community of any ~ or locale in the USA. The first section, How to Usc the Handlx~ok and USA Pattern Lighting Code, is a general overview of how thc Handlmok cnn bc reed ns an aid in the Next is the LISA Pattern Lighting ~ itself. All se~i~ litl~ ~ithin the LISA Pattern Lighting Code a~e ilnktnl lo Se~i~l Ov~lnei~, wh~a~ ~ issues related to the code text. Following flae notes are ah~t ~x:tiom coveting a few leclmical defmitiom used in fl~e I-Im~dbook l~t ao~ iadud~ in ~ ~ Code Defmiliom Finally, there is an ^ami~i.~aive Al~nadix. Hew a~e fouad a diaemaioa of ~ implieati~m of a lighfi~ ~ for the local planning or building department, and forms that can be used in the process of administering the fighting code. About the Intemational Dark-Sky Association (IDA) Thc'lntemational Dark-Sky Association (IDA) is behind much of thc light pollution control and education effort in the past ten years. IDA is a non-profit, membexship-based o~ganization whose goal is to stop the adverse environmental impact of light pollution through exhsmfion about the value and effectiveness of quality ~ghtfi m.e. lil~. ting and .a~o? the.s, olutio~, to ~ pr. obleap~ ?. ~.efforl~..,of this o~aniza~i,',on and i~, ,.m,e~..be~ ha_~e~dc~a tremendous effect, among cat~zem a lighting pmt'emonals alike, on the aestheucs ol me mgt~t aha me awareness o~ now goon -gnung pracu enhance our nighttime environment and activities. Information about IDA and the issues of dark skies and of quality outdoor lighting is contained on thc IDA web site at www.daffgsky.org. The site conmln.q IDA newsletters and information sheets, many images, and many links to other web sites. Ichintro.html How to Obtain a Copy of the HandbOok? Thc full text of thc Handbook is available on thc IDA web site (www.daflcr&y.org). Note that it is a long document (about 60 priatcd pages) and it will take a long time to download for most usera. IDA Lt?htin? Code Handbook Vl.14 Se_o 2002 Tho~c wishing a hard copy of the Handbook arc welcome m print the text from thc wcb site (it is about 60 printed pages) or to write IDA at IDA, Inc.. 3228 N First Avenue, Tucson AZ ~F,719 A bouad copy of ~ text (about 80 pagca) wiU bc available soon, sec thc ~ Page of thc IDA Web Site. Note that the Handbook will be going through active revision and new cdidom will appear regularly on thc wcb sitc. Thcec revisions will bc made aa wc tee. rive input ~ questions e. onena, ni~ the I-lm~dhook and as we age able to add additional rueful information to the text. Our goal wffi be to administrative compl~ and validitT. We thank all of Ihose who have helped in thc ~on of this Handbook and for the many discatssions wc have had with individuals, citizca~, Dr. Chris Luginbuhl has been the Falitor of the ~ flmatghont all i~ many drafts. Local and Web Links - · Outdoor Li_~hting_o Regulations · IDA's Position on Li~tin~ Ordinancc~ · IDA's Lighting Code Handbook · Proposal for ~Vlodel Lighting Ordinance, · I ighfin_o ]~e_tmlafions World Wide · I.I.$.A. State Law, Ad0p~l and Prooosed · U.S.A. Municipality Outdoor li?_btin? R¢_ka~llafions Listed bY State · [leoinner's Guide to Iighting Reeulation · Qood Liehfino_ : Fixtures and Where to Get Them · Basic Information on the Light Pollution oroblem .and solutiom · LiteLynx State & Local Laws [External Link] I Home I About IDA I Newsmom I Education I Meetinas I Resources I Unks I Quick Links I Sections I Mq~nbershio I International Astronomical Union Talk Light Pollution: The Problem, The Solutions Dr. David L. Crawford International Dark-Sky Association 3225 N. First Ave., Tucson AZ 85719 USA Email: crawford~darksky, org Web: www. darksky, org Page 1 of 3 Abstract: The problem of light'pollution exists most everywhere, and it is still growing rapidly. Fortunately, there are solutions. The problem is a lack of awareness, including within the astronomical community. There is a great deal of apathy and inertia to be overcome as well. However, progress is being made in a number of places. The astronomical community must become much more involved if we are to preserve the quality of our nighttime skies, both for research and for the public. The beauty of the night sky is a wonderful thing to all. In addition, everything done to decrease the adverse urban sky glow also helps greatly to improve the quality of night lighting. With good lighting, we improve visibility, safety, and security, as well as minimizing energy waste, and we have a much more comfortable nighttime environment. There are resources to help, within the astronomical community and the lighting industry, and these are growing. The International Dark-Sky Association has a great deal of information that is most helpful; see the Web page at www. darksky.org. I. Introduction For most people on earth, including we professional astronomers, the dark skies our ancestors had have disappeared. The problem is urban sky glow, due mostly to too much bad lighting. It has adversely affected most all of our observing sites. And it is still getting worse in most locations. There are solutions to the problem, but a key point is that we must join together in our efforts in attacking all this bad lighting, encouraging the use of only good nighttime lighting for all applications. With good lighting, we all win. We help preserve the dark skies, we see better at night (and are safer and more secure), we have a more pleasant and comfortable nighttime environment, and we save a great deal of energy and money doing so. Neither astronomers nor the public, anywhere, need any of the adverse environmental effects of poor lighting. We should not tolerate it. We must do all we can, individually and organizationally, to preserve the beauty of the night sky, for astronomy and for all of mankind! II. The Problem There are many good reasons for artificial'lighting at night: to help us see better, for security, safety, utility, and for an attractive nighttime environment around us. There is no way that nighttime lighting is going to disappear, even if there is another energy crisis. There are too many good reasons for such lighting. But not all lighting is good lighting. Far too much of our present nighttime lighting does not meet its objectives. It isbad lighting. Let me list here the common components of bad lighting: Urban sky glow (the brightening skies over our heads), destroying our view of the universe. We don't live up there in the sky; we don't need all that light up there. It is a problem both for astronomers and for the general public, most of whom really enjoy the beauty of the night skies. It has been growing most everywhere, and it has severely impacted operation at many existing observatories. In those locations where it has not yet, you can be sure that it will in time, if we are not able to implement solutions. This sky glow has also removed the view of the universe from · International Astronomical Union Talk Page 2 of 3 most of'the public, the majority of which are urban dwellers. It would be a crime if our children and their children lose all of their view of the beauty of the night sky. 2. Glare. Glare never helps visibility, but it is far too common in all of our cities and in most lighting everywhere. We should strive for and accept only a glare free environment. Let's not be blinded by glare. Far too much present day lighting has glare; it is always bad. 3. Light trespasS. Many present lighting installations bother us as much or more than they help. The wasted light shines into our yards, our windows, even our telescope buildings. As with noise pollution, we don't need any of these intrusions. Such lighting is not meeting well the goals for which is was installed. 4. A trashy looking, confusing nighttime environment. We should, all of us, be striving for an attractive nighttime environment, just as we should be doing in the daytime. Such poor environments are part of the stress of today's life. We should help with the problem, not compound it. Remember, the night is part of the environment too. 5. Energy waste. We waste an astronomical amount of energy and money by all this bad lighting, shining it where it is not needed or wanted (including up into the sky) and by using energy inefficient light sources and lighting designs. Better to use such money for improving our world, not trashing it. In the United States alone, over One Billion Dollars is wasted every year just to light up the night sky. III. There Are Solutions We all suffer from these problems. But we need not, for fortunately there are solutions. The key is quality nighttime lighting. Let me list briefly the components of these solutions. 1. Use only good lighting. Such quality designs are really all just common sense approaches to lighting. Let's not tolerate all the bad lighting; let's get rid of it. 2. Shine the light down, where it is needed. Control the light output to locations where it is needed; don't waste it. Use quality lighting fixtures. 3. Use time controls (or dimmers or other controls) to insure that light is there when needed, and not there when it is not. 4. Design and install lighting to insure that glare is minimized. Most all glare comes from poor fixtures or poor installations. There is no need for any of it. 5. Use the right amount of light for the task, not overkill. "More light" is not good design. When not blinded by glare, the eye is a marvelous insmunent and can see very well at what' seems to be quite low lighting levels. In addition, going from over-lit areas to darker areas means that we don't see too well (transient adaptation), and the opposite holds as well. 6. Use energy efficient light sources. Light sources vary greatly in their efficiency. Consider especially the use of low pressure sodium lamps; they are the most efficient of all, and they are also strongly preferred by astronomers since the light output by LPS is essentially all one color and can be filtered out quite well. LPS is excellent for street lighting, parking lots, security lighting, and other applications where color rendering is not critical. Careful lighting design can be done using LPS for essentially any application. IV. Progress in Implementing Solutions Quality lighting design is being used now in many locations, such as Tucson. Such cities are benefiting by better lighting for their citizens, by a great deal of energy savings, and by darker skies. (but not darker streets). We all really do win. Awareness of the problems and of the solutions is increasing rapidly, in the public area and especially in the lighting community. The International Lighting Commission (CIE) and many national organizationg now have technical International Astronomical Union Talk Page 3 of 3 committees addressing the issues, and reports and recommendations are pending. After all, who can be against good lighting rather than bad, given all its advantages? I am an active member of most of these committees, and I am pleased with the growing awareness and activities. One way effective method for communities to attack the problem is to appoint an Outdoor Lighting Working Group to Consider the issues and to recommend specific solutions tailored to local needs (including lighting control ordinances to set community standards; hundreds of these have now been enacted). Such "committees" have been very effective in all locales where they have been implemented. They have the added advantage, of educating many people about the issues. VI. So What's the Problem? The main problem is that there is still a vast lack of awareness of the issues, the problems, and the common sense solutions. Education is the main thrust of most current activities. The second large problem is apathy. Even with awareness, action is needed. Some consider it too big an issue to become involved with, other feel that it is not important enough. Neither is a good enough reason for apathy. Most astronomers are doing little or nothing to educate themselves about the issues, much less to spend time working for solutions. VII. Help Is Available The International Dark-Sky Association, a non-profit organization, is a powerful ally to help anyone with their' educational efforts. It is a membership based organization with over 2000 members now from 70 countries. IDA has produced over 120 information sheets discussing the issues, as well for those who want to become informed and who want to help spread the word to others. Check out IDA's Web page on the Internet (http://www.darksky.org) which contains a lot of excellent information about the issues and links to many other interesting sites. While there is a growing awareness of the problems, and of the solutions, much more educational outreach is needed. IDA needs many more individual and organizational members and much more support from the astronomical community, nationally and internationally. VIH. Conclusion There is a problem with light pollution, for astronomy and for the public, and it is still'getting worse most everywhere. However, there are solutions, and they work. They also improve the quality and effectiveness of our nighttime lighting, and they help us save a great deal of energy and money. We know that for sure. Lack of awareness and apathy are the main problems. Action is called for. Now. By all of us. The Bottom Line is that "We All Win." Please do help build awareness and overcome apathy, everywhere. The stars and the universe need the support of us all. Join with us to help preserve mankind's view of the beauty of the night sky! Go back to the Links and Web Resources Page Go back to the IDA homepage.. AGENDA SUMMARY ITEM NO. Z0a DATE: February 4, 2004 REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING 2004/05 FINANCIAL PROJECTIONS AND DEFICIT AND APPROVAL OF 2003104 MID YEAR BUDGET AMENDMENT This agenda item is two-fold: 1) Discussion of fiscal year 2004-2005 financial projections and possible direction by Council, and 2) the annual mid-year budget amendments. 1) Discussion of fiscal year 2004-2005 financial projections: The Finance Department is projecting a budget deficit of between $1.2 and $1.5 million for fiscal year 2004-2005. This is based on known expenditures, such as MOU agreements and PERS requirements, as well as State takeaways that are known at this time. It does not include a loss of Vehicle License Fees (VLF), which would be an additional $600,000 drain on the City's General Fund. In past discussions, the Council has determined that they want to look at this financial crisis as a total picture, by evaluating possible expenditures cuts as well as revenue enhancements. They will be reviewing fees for service and other charges to evaluate whether they are appropriate and up to date. In addition, the Council has approved a sales tax ballot measure for the March election, exclusively dedicated to public safety. The Council has also approved an application for grant funding for a business enhancement coordinator to be hired for one year to help enhance local businesses and help recruit new businesses. (continued on page 2) RECOMMENDED ACTIONS: 1. Receive report regarding 2004/05 projections, discuss deficit situation, and provide direction to Staff relative to recommended implementation measures. 2. Approve Mid Year Amendment to the 2003/2004 Budget as specified in the 2003/04 Mid Year Budget Amendment-Summary of Transactions. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications to budget amendment are necessary, identify changes, and approve revised amendment. 2. Determine budget amendment is not necessary and take no action. Citizen Advised: NA ~ Requested by: NA Prepared by: Candace Horsley, City Manager and Michael F. Harri Manager/Budget Officer Coordinated with: Department Directors and Gordon Elton, Director of Finance Attachments: 1. Facility Use List 2. 2003/04 Midyear Budget Amendment-Summary of Transactions APPROVED: CandaceI~nagerHorsley, City DISCUSSION AND POSSIBLE ACTION REGARDING 2004/05 FINANCIAL PROJECTIONS AND DEFEClT AND APPROVAL OF 2003/04 MIDYEAR BUDGET AMENDMENT FEBRUARY 4, 2004 Page 2 In the event that the ballot measure does not pass, the Council has also discussed the alternative reductions in service that will keep public safety layoffs to a minimum. Included in this strategy is the closure of certain City facilities that will reduce the General Fund deficit. Staff is recommending discussion and a decision on the following facility closures, as the operations for opening of these facilities begin in the next month, and staff will want to notify the users of these facilities well in advance. The following are the recommended closures, to be determined by the Council at this time, rather than at the budget sessions: 1. Closure of the City Pool facility. The projected deficit for fiscal year 04~05 is $85,000. Closure will be a gross savings of $80,000, less revenue, for a net savings of $47,000. 2. Closure of Anton Stadium. This will be a savings of $50,000. 3. Closure of City Hall every other Friday, for a savings of $12,000. All Administrative Wing staff would work nine-hour days and have every other Friday off, thereby saving on electricity, both through light and heating and cooling. Any employees that come in to work on these days will be without these commodities. Attached for Council's information is a list of facility users (Attachment 1). If all three recommendations are approved, this will be a savinqs of $109,000 to the General Fund. If the March ballot measure is passed, Council will reevaluate the closure of the swimming pool and Anton Stadium, and many of the other reduction measures that would have to be implemented during the budget sessions due to the million dollar budget deficit that is being projected. Staff will be returning to the Council to discuss our budget situation before the June budget sessions to specifically discuss options for cost-cutting measures. This will provide staff with direction for preparation of the draft budget for the Council in June. Additional cost-cutting measures could include closure of the Museum, layoffs in the Police and Fire Departments, as well as reduced street maintenance and possible reductions in youth sports, depending on the revenue/spending analysis for the individual programs. 2) Annual mid-year budget amendments: This Mid Year Budget Amendment is the opportunity to address any issues with financial implications which have occurred since the budget was adopted or are anticipated to arise throughout the remainder of the fiscal year. Modifications to the budget at this time allow for a greater degree of accuracy when actual revenues and expenditures are compared to budgeted figures at the end of the year. The specific accounts and dollar amounts are presented in the City of Ukiah 2003-2004 Mid Year Budget Amendment Summary of Transactions (attachment 1 to this report). Each proposal is discussed in this report. REVENUE: Fund 100, General: 0600 From Other Agencies: Due to the uncertainty surrounding the State budget, the adopted budget did not include revenue for the State Allocation of Booking Fee reimbursement. The City did receive the funds in November and thus the $65,000 in revenue should be recognized. DISCUSSION AND POSSIBLE ACTION REGARDING 2004/05 FINANCIAL PROJECTIONS AND DEFECIT AND APPROVAL OF 2003/04 MIDYEAR BUDGET AMENDMENT FEBRUARY 4, 2004 Page 3 Fund 333, Community Development Block Grant: 0600 From Other Agencies: The $1,000,000 grant for the recreation center (#02- STBG-1729) was not included in the adopted budget. It is estimated that the grant will be completed this year. Thus the full amount of funding from the State should be recognized as revenue. Fund 335, Community Development Commission: 0600 From Other Agencies: Since the adoption of the budget, the State has rectified the approved funding calculations for the DANCO apartment project (HOME grant #00- HOME-0452), resulting in the full $1,000,000 authorized for disbursement. This equates to $446,147 additional revenue to be received from this grant source this fiscal year. At the time of budget adoption it was anticipated that the First Time Homebuyer program administered by the Community Development Commission (HOME grant #99- HOME-406) would not produce new loans. Marketing was successful and two loans have been made to new homeowners. New grant revenue has been secured to reimburse this program and thus the $115,000 is to be identified in the budget as revenue. Fund 920, Liability Insurance: 0600 From Other Agencies: We have just been notified of the refund from the Redwood Empire Municipal Insurance Fund (REMIF). This year the City will receive $98,328 which was not budgeted since the amount of refund, or whether there is to be one, is unknown at the time of budget adoption. EXPENDITURES: Department 1301, Finance: ACS NewVision Software has increased the Software License costs for the technology used in the City's financial system. Within the Finance Department this expense is $3,750; Payroll ($2,500) and General Ledger ($1,250). Department 1945, Community Outreach/Public Information Services: At the June 18, 2003 meeting, the City Council approved a budget amendment of $15,000 for the purchase of Council Chambers video equipment. It was anticipated that a Purchase Order would have been finalized by June 30 to encumber the funds for the 2002/2003 budget year. That did not occur and purchase was not completed until this year. The expenditure was not included in the current fiscal year budget and thus a new amendment is necessary to authorize the current expenditure. Department 3001, En.qineerinq and Maintenance: Additional use of outside engineering services is necessary to address the continuing Standley Street Right of Way and Fish Hatchery issues. It is estimated that $4,000 will be needed for these matters through this fiscal year. Department 6001, Parks: The Parks Department has been called upon several times this year to remove trees DISCUSSION AND POSSIBLE ACTION REGARDING 2004/05 FINANCIAL PROJECTIONS AND DEFEClT AND APPROVAL OF 2003/04 MIDYEAR BUDGET AMENDMENT FEBRUARY 4, 2004 Page 4 in dangerous situations or prune large tree branches for safety reasons. Outside services have been required to complete these tasks substantially impacting the contractual services line item. Additional funding of $2,000 is necessary to meet these expenses. Fund 131, Capital Projects, Equipment Reserve: Replacement of the Recreation computer became necessary in early January. This particular machine was not included in the list for replacement which was budgeted for. An additional $1,880 is required to cover this cost. Fund 333, Community Development Block Grant: The Recreation Center grant (#02-STBG-1729) was not included in the budget, but is estimated to be completed this year. Expenditures of $50,000 for General Administration and $950,000 for Community Facilities should be identified as expenses during the current budget year. Fund 335, Community Development Commission: With the State's verification that the full $1,000,000 for the DANCO apartment project (HOME grant #00-HOME-0452) will be funded, the $446,147 not budgeted for the construction loan to can now be identified as an expense for this year. At the time of budget adoption it was anticipated that the First Time Homebuyer program administered by the Community Development Commission (HOME grant #99- HOME-406) would not produce new loans. Marketing was successful and two loans have been made to new homeowners. These new expenses, totaling $115,000, are to be identified in the budget though they have already been reimbursed through new grant revenue. Fund 678, Dispatch: The calculations for the Purchasing expense attributable to this fund were not included in the budget. Purchasing has assisted this fund and reimbursement is appropriate. $656 is to be added to the budget to meet this expenditure. Fund 696, Purchasinq: ACS NewVision Software has increased the Software License costs for the technology used in the City's financial system. Within the Purchasing Fund this expense is $1,250. Fund 697, Billing and Collection: ACS NewVision Software has increased the Software License costs for the technology used in the City's financial system. Within the Billing and Collection Fund this expense is $6,300; Accounts Receivable ($1,700), Business License ($1,700), Cash Register ($1,700), and Parking Citations ($1,200). The original budget figures for the Purchasing expense attributable to this fund were lower than time study results indicate are appropriate. $5,194 is to be added to the budget to meet this expenditure. DISCUSSION AND POSSIBLE ACTION REGARDING 2004/05 FINANCIAL PROJECTIONS AND DEFECIT AND APPROVAL OF 2003/04 MIDYEAR BUDGET AMENDMENT FEBRUARY 4, 2004 Page 5 Fund 699, Special Projects Reserve: In calculating the General Governmental charges to the various funds, the Treasurer's costs for the Special Projects Reserve were inadvertently left out of the budget. $2,227 is to be added to the budget to address this issue. In September, the City Council approved the notice of completion for the Fairgrounds Sidewalk project. The total project cost was $81,244, $78,000 of which was funded through the Surface Transportation Improvement Program, grant funds from the State. The remaining $3,244 was authorized from the Special Projects Reserve fund, specifically the Sidewalk Repair account. Though fund balance was available to address this expense, the particular expenditure for this year was not included in the adopted budget. This amendment will specifically identify the $3,244 as an authorized allocation for the current fiscal year. Fund 800, Electric: Unbudgeted emergency repairs to the Fish Hatchery pump system, including a new basket strainer, were required in early January. The addition of $966 as authorized expenditures is necessary to account for this cost. Fund 806, Public Benefits: The calculations for the Purchasing expense attributable to this fund were not included in the budget. Purchasing has assisted this fund and reimbursement is appropriate. $164 is to be added to the budget to meet this expenditure. MISCELLANEOUS PERSONNEL EXPENSES: Several matters related to personnel expenses have occurred since budget adoption and affect many of the City's funds. These issues include approval of the Memorandum of Understanding for the Management Unit, frozen positions, position reclassifications, injuries, vacation buyouts, and Worker's Compensation. The changes equate to an increase in costs for the entire City of $62,873, with the totals by fund being: General- $18,648, Parking District-($251 ), Conference Center-S3,825, Garage-$1,511, Airport-$1,568, Sewer-S7,652, Landfill-S162, Dispatch-($1,007), Golf-S5,110, Purchasing-S3,563, Billing & Collection- S 1,274, Electric-$14,448, Public Benefits-$189, and W ater-$6,181. Staff recommends approval of the 2003/04 Mid Year Budget Amendment as presented. 4:CAN/ASR.0405 Projection~ and budget emend.020404 Ci'TY OF UKZAH FACi'LI'TY USE LI'ST FEBRUARY 2004 Anton Stadium The primary users of Anton Stadium include UkJah High Baseball, Deep Valley School Baseball, Pony/Colt Baseball, .Ir. Giant's Baseball and Lion's Football and Cheerleading. Sporadically, the stadium is rented for large gatherings and adult league baseball. Municipal Pool The pool is utilized/accessed by a variety of organizations in addition to the general public. These groups include Ukiah Unified School District, City of Ukiah Day Camp, Boy's and Girl's Club, Trinity School, Social Services' Family Services, the American Red Cross, and various group homes and private day care providers. 4:CAN/Fadlity Use Ust.0204 CITY OF UKIAH FISCAL YEAR 2003/04 MID YEAR BUDGET AMENDMENT - SUMMARY OF TRANSACTIONS FEBRUARY 4, 2004 Account Number Amount Type Comments 100.0600.495.001 $ 65,000 100.xxxx.xxx.000 $ 18,648 100.1301.250.000 $ 3,750 100.1945.651.000 $ 15,000 100.3001.250.000 $ 4,000 100.6001.250.000 $ 2,000 131.1965.800.000 $ 1,880 220.4601.xxx.000 $ (251) 333.0600.488.008 $1,000,000 333.4718.250.001 $ 50,000 333.4718.250.002 $ 950,000 335.0600.488.001 $ 115,000 335.0600.488.002 $ 446,147 335.4710.683.000 $ 115,000 335.4717.683.001 $ 446,147 410.6190.xxx.000 $ 3,825 575.5801.xxx.000 $ 1,511 600.5001.xxx.000 $ 1,568 612.xxxx.xxx.000 $ 7,652 660.3401.xxx.000 $ 162 678.2040.xxx.000 $ (1,007) 678.2040.292.000 $ 656 695.6120.xxx.000 $ 5,110 696.1390.xxx.000 $ 3,563 696.1390.250.000 $ 1,250 697.1305.xxx.000 $ 1,274 697.1305.250.000 $ 6,300 697.1305.292.000 $ 5,194 699.1990.250.000 $ 2,227 699.3110.800.014 $ 3,244 800.xxxx.xxx.000 $ 14,448 800.5536.302.000 $ 966 806.3765.xxx.000 $ 189 806.3765.292.000 $ 164 820.xxxx.xxx.000 $ 6,181 920.0600.492.000 $ 98,328 R State Booking Fee Allocation E Personnel costs to various General Fund Departments E Increased cost for Software licenses E Purchase of Council Chambers video equipment E Additional funding for Standley Street R/VV and Fish Hatchery engineering services E Increased contractual services for tree pruning and removal E Replacement of Recreation computer E Personnel costs R Grant revenue, Recreation Center Grant #01-STBG-1729 E Expenses, Recreation Center Grant #01-STBG-1729, General Administration E Expenses, Recreation Center Grant #01-STBG-1729, Community Facilities R State revenue to reimburse loans made through HOME grant #99-HOM E-406 R State verified revenue for DANCO HOME grant #00-HOME- 0452 E New loan expense for First Time Homebuyer program HOME grant #99-HOME-406 E State verified expenses for DANCO HOME grant #00-HOME. 0452 E Personnel costs E Personnel costs E Personnel costs E Personnel costs E Personnel costs E Personnel costs E Purchasing Service Charges E Personnel costs E Personnel costs E Increased cost for Software licenses E Personnel costs E Increased cost for Software licenses E Purchasing Service Charges E Treasurer charges E Balance of costs for Fairgrounds Sidewalk project E Personnel costs E New basket strainer for Fish Hatchery pump system E Personnel costs E Purchasing Service Charges E Personnel costs R REMIF refund for liability insurance Type: "E" is Expenditure "R" is Revenue Page 1 of 2 CITY OF UKIAH FISCAL YEAR 2003~04 MID YEAR BUDGET AMENDMENT - SUMMARY OF TRANSACTIONS FEBRUARY 4, 2004 TOTALS BY FUND Fund # and Name 100 General 131 Equipment Reserve 220 Parking District 333 Com Dev Block Grant 335 Com Dev Commission 410 Conference Center 575 Garage 600 Airport 612 Sewer 660 Landfill 678 Dispatch 695 Golf 696 Purchasing 697 Billing & Collection 699 Special Projects Reserve 800 Electric 806 Public Benefits 820 Water 920 Liability Insurance Totals Expense Revenue Net $ 43,398 $ 65,000 $21,602 $ 1,880 -$1,880 $ (251) $251 $1,000,000 $1,000,000 $0 $ 561,147 $ 561,147 $0 $ 3,825 -$3,825 $ 1,511 -$1,511 $ 1,568 -$1,568 $ 7,652 -$7,652 $ 162 -$162 $ (351) $351 $ 5,110 -$5,110 $ 4,813 -$4,813 $ 12,768 -$12,768 $ 5,471 -$5,471 $ 15,414 -$15,414 $ 353 -$353 $ 6,181 -$6,181 $ 98,328 $98,328 $1,670,651 $1,724,475 $ 53,824 Page 2 of 2 AGENDA SUMMARY ITEM NO. ].ob DATE: FEBURARY 4, 2004 REPORT SUBJECT: DISCUSSION AND REVIEW OF CITY GOALS AND ACCOMPLISHMENTS Pursuant to City Council direction, attachment no. 1 to this report is a matrix of the adopted Budget Objectives and statements identifying what has or is being done regarding each of them. This information is presented for the Council's information. Staff does not propose to speak to each item, though the Directors will be available at the February 4 meeting for any questions the Council may have. The City Council had previously discussed the possibility of developing a separate list of goals from that of the Council-approved goals and objectives for each department. If the Council would like to pursue an additional list of goals, staff recommends that each Councilmember provide between one and five goals. The Council would then discuss and determine a combined list of Council goals that contains no more than seven objectives, if accomplishment is to be achieved. The Council may wish to discuss their goals at this meeting and make a final determination or to re-agendize this item for the next Council meeting to have further discussion of their goal list. RECOMMENDED ACTIONS: 1. Review status report regarding Objectives of the 2003-2004 City of Ukiah Budget. 2. Define Council goals and provide direction to Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Council goals are to be considered at alternative time and continue discussion to specific meeting date. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA City Council Candace Horsley, City Manager and Michael F. Manager/Budget Officer NA 1. Analysis of City of Ukiah 2003-2004 Budget Objectives Harris,/~sk APPROVED: Candace Horsley, City'~anager 4:CAN/A~R.0204Objectlve~.020404 ~ 0 ~ ~ ¢:: o h" q) '- m ~ o ~. .E ~ E o ~ o ~ ~ o ~ ~ 0 ~ ~ 0 ~ m~ w .- ~ o~ ~ c8c X 0 0 L o~ ~ o o iT E E 0 ~- ~ 0 ~ 0 §-~o~ 0 L <2cc ~8 EO ._= 0 EO ~- ED EO 0 000005 ?-'"=~o ~ '~ 8 o ~ ~ ~ 0 0 0 0 0 0 08= o 8 0 0 O. ~- ~- S o _.= _= 0 E'o 0 ~- O~ EO ~8 cO 0 KD. O_ X KD. ~m 0 o 8 o ~ 0 0 c- 0'~ 'o · 0 0 · · 0 ~ 0 E 0 ~ t- 0 0 ~ 0 0 E 0 0 0 ~'- ~ x -o 8 ,,,- .~_IE~ --.-' o ~ ' · ~ C . 'el' ,~r 0 C) 8 o o.__. ,-, (D ~D EE .omc ~ °~°° o ~ ~E~ ._ ~ .=~ ~ ~=~ '~ ~ ~ ._ 0 ~ .-- ~ ~ ~ 0 .~ ~ 0 ~88oO 0 ~~ E 0 ~'~ ~~ c c-- ~ _ ~ .E-~ E : E - ===>>°=~°~8 =~ooo ~ 0 0 0 · · 0 ~ ~ 0 AGENDA SUMMARY REPORT ITEM NO. lOc DATE: February 4,2004 SUBJECT: REPORT OF UKIAH VALLEY SANITATION DISTRICT MEETING OF JANUARY 28, 2004 PERTAINING TO THE PROPOSED INCREASE TO THE SEWER CONNECTION FEE Staff will present a verbal report of the actions taken by the Ukiah Valley Sanitation District pertaining to the proposed increase to the sewer connection fee that would support the proposed capacity increase to the wastewater treatment plant. Given the late date of the UVSD meeting, staff did not have sufficient time to prepare a written report prior to the deadline for agenda reports. RECOMMENDED ACTION: Accept verbal report. ALTERNATIVE COUNCIL POLICY OPTION: NA Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Rick Kennedy, Interim Public Utility Director Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager APPROVED: ~ Candace Horsley, City Mana~t~r 4:CAN/AS R. Sa n DistRe port. 020404 ITEM NO. DATE: February 4, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT OF $52,800 TO CITY OF UKIAH WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT FOR ADDITIONAL COSTS TO SECURE GRANT FUNDING. Brown and Caldwelrs original fee budget with subconsultant ReedSmith to provide assistance in securing grant funding for the Wastewater Treatment Plant (WWTP) Improvement Project is close to exhaustion. ReedSmith has submitted an amendment to their original scope of work to provide additional grant-funding assistance. The additional funding tasks would include: 1) continuing the effort of the City at the Congressional level in the new session of the 108th Congress, to obtain project earmarks, 2) pursuing federal grantor agency funding, including before the U.S. Department of Commerce, Economic Development Administration, 3) seeking assistance from private foundations, 4) assisting the City through the EPA grant application process (for the present earmark). The original budget proposed by ReedSmith, which is attached, was $60,000. However, staff was able to negotiate with ReedSmith a lower fee budget for services of $48,000. The new budget proposed by ReedSmith and Brown and Caldwell to cover the cost of the expanded scope of work is $52,800, which includes $48,000 for ReedSmith and $4,800 for Brown and Caldwell subconsultant administrative costs. Pursuant to the Consultant Services Agreement, compensation to the consultant is based on a time and expense basis not to exceed a guaranteed maximum and the additional work would be billed in the same manner. The estimated cost for the additional work would increase the guaranteed maximum from $6,608,982 to $6,661,782. Staff has reviewed and discussed the additional work with the consultant and takes no exceptions. RECOMMENDED ACTION: Approve amendment to 2003/2004 budget to increase expenditures in account #611-7410-800-000 by $52,800 for ReedSmith to provide additional services to secure grant funding for the Wastewater Treatment Plant Improvement Project. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff as to alternatives. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Interim Director of Public Utilities Ann Burck, Project Engineer/Manager Candace Horsley, City Manager 1 ) ReedSmith letter detailing proposed amended "Scope of Work". APPROVED: "-~~--;'"~,,~~-,~ Canda~e Horsley, City'h{anager ReedSmil;h Christopher L. Rissetto Direct Phone: 202-414-9206 Email: crissetto@reedsmith.com 1301 K Street, N.W. Suite 1100 - East Tower Washington, D.C. 20005-3373 202.414.9200 Fax 202.414.9299 December 18, 2003 VIA FACSIMILE AND VIA OVERNIGHT MAIL ATTORNEY- CLIENT PRIVILEGED & CONFIDENTIAL Ann Burck, Administrative Analyst Ukiah Utilities City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attn: Timothy R. Banyai, P.E. Brown and Caldwell Re: City Of Ukiah, CA Federal Funding Advocacy Budget Amendment Dear Ms. Burck: I very much appreciated meeting with you and Tim Banyai of Brown and Caldwell, on December 5, 2003 during my trip to California. We reviewed the present position of the City's appropriations request and other funding approaches that could be pursued on behalf of the City. As requested, this letter provides the basis for an amendment to the budget for the services of Reed Smith LLP ("Reed Smith" or "Firm") regarding the captioned matter. I have also provided a copy of this proposal to Brown and Caldwell. I understand that this request will be brought to the attention of the City Council. We are most pleased to be of service to the City of Ukiah ("City") and look forward to working with you and Brown and Caldwell into 2004. A. Summary Of Funding Request I wanted to take the opportunity and summarize the status of our efforts on the City's behalf to obtain funding for the City's new wastewater treatment facility. As we discussed, the seven remaining FY 2004 appropriation bills have been negotiated and folded into the FY 04 Consolidated Appropriations Act (H.R. 2673) ("Omnibus" bill). This legislation includes funding for the Environmental Protection Agency ("EPA") budget, and also includes a designated account, "State and Tribal Assistance Grant" ("STAG"), which is where the City's earmark was located. We are pleased to report that this legislation contains, at project number 99. "$500,000 for the City of Ukiah, California for wastewater infrastructure improvements." I separately provided you with a copy of the Omnibus appropriations bill showing the earmark. LONDON · NEW YORK · LOS ANGELES ·' SAN FRANCISCO · WASHINGTON, D.C. · PHILADELPHIA · PITTSBURGH · OAKLAND · PRINCETON FALLS CHURCH · WILMINGTON · NEWARK · MIDLANDS, U.K. · CENTURY CITY · RICHMOND · HARRISBURG · LEESBURG · WESTLAKE VILLAGE reedsmith.com DC LIB-0363340.01 -CLRISSET December 18. 2003 I 1:33 AM Ann Burck December 18, 2003 Page 2 ReedSmil;h The Omnibus bill was passed by the House on December 8th, and is currently pending consideration in the Senate. Due to the objections of some Republican and most Democratic Senators, the Senate will not vote on this bill until January 20, 2004, when the second session of the 108th Congress convenes. In fact, these disagreements have been recently reported as serious and could result in the Congress failing to report an appropriations bill. Such failure to act would then require passage of continuing resolution for the remainder of the fiscal year. B. Proposed Amended Scope Of Work We reviewed several further tasks for Reed Smith during the remainder of calendar year 2003 and in 2004. These tasks included: (1) continuing the effort of the City at the Congressional level in the new session of the 108th Congress, to obtain project earmarks; (2) pursuing federal grantor agency funding, including before the US Department of Commerce, Economic Development Administration ("EDA"); (3) seeking assistance from private foundations; (4) assisting the City through the EPA grant application process (for the present earmark); and (5) if the present earmark is not finalized by Senate passage of the Omnibus bill, pursuing any discretionary funding that might be available to the EPA through the Continuing Resolution. Please note that, as we discussed, we have already prepared a summary of the EDA grants process. This summary, and copies of EDA grants materials, are also enclosed with this letter. We believe that you will find this a good start in seeking EDA funding, although the process has relatively long lead times to actually obtaining funding so we urge that this go forward as soon as possible. As we also discussed, we would work with the City to provide the type of economic focus that is necessary to the success of obtaining grant funding. The goal would be to continue our efforts to increase additional project funding for the City's wastewater treatment project. This effort could further expand, at the City's election, to pursue other funding sources that become available, or if the City elects to use the IRS Rev. Rul. 63-20 process that we have previously discussed. C. Budget Fee Estimate; Retainer; Fee Schedule - Through 2004 1. Fee Budget: We understand that the original fee budget for our services, $50,000, is close to exhaustion. The new budget that we propose is $60,000, to cover the wider expanded scope of work. This would represent a not-to-exceed budget ceiling and be billed using the hourly rates noted below. Expenses would be separate from this fee budget. Another option available to the City is noted below. 2. Monthly Retainer (Fees). We would alternatively recommend that the City consider reimbursing Reed Smith under a monthly retainer for subsequent phases of work. The level of a retainer for this work would be $5000/month, in addition to Firm costs and expenses. 3. Fee Schedule. Our present bill rates provide a form of a ."blended" rate to provide a cost effective work product. We would propose to continue such a blended fee schedule, under paragraph 1 above, to be used within the established budget noted above. We would only ask for a slight increase to these rates, which continue to maintain these amounts at significant discounts. For example, partner and counsel rates would become $375/hour (up from $360/hour), which remain quite low when compared to our market rates (e.g., my 2003 Market rates are $475/hour and will increase in 2004). Associates and Non-Attorney Professionals (e.g., Chris Pedigo) would increase to $265/hour, from $250/hour. Ann Burck December 18, 2003 Page 3 ReedSmith D. Billing Procedure; Reimbursable Costs And Expense 1. Billing Procedure. Our billing procedure for a budget-based approach is to submit a statement to the City, through B&C, on a full monthly basis. The statement will include sufficient detail to determine when work is performed, the rates charged, the activities of attorneys and others, and any related costs and expenses that represent the particular charges. 2. Retainer. Under the retainer option, we would provide a "block" bill to the City, again through Brown and Caldwell, which would not include a daily listing of all activities performed. We would provide monthly detail in a cover letter to the bill. The bill would be limited to the $5000/month retainer amount, plus any costs and expenses. Reed Smith anticipates that each billing statement will be paid within thirty (30) days of its receipt. 3. Reimbursable Costs And Expenses. The City would also be expected to reimburse Reed Smith for certain costs and expenses, above the fee budget. These costs and expenses might include, for example (without limitation): travel, lodging, meals, long distance telephone and facsimile charges, overnight and hand delivery, other postage, copying (in-house or commercial), binding, and taxi charges. Please advise us of requirements for documentation, if any, in this regard. In all other respects, the terms and conditions of the subcontract under which Reed Smith presently performs, and the City's contract with Brown and Caldwell, will not be altered. We are most pleased to have been of assistance to the City. We look forward to continuing our efforts to bring funding benefits to the City. As I explained, time is important to the success of our efforts, particularly given the present fluidity of the appropriations process and that federal agencies are presently awarding grants. Please let me know if you have any questions on this proposal. Thank you for this important oppommity. Sincerely, "Christopher L. ~'!etto '4". Enclosures ILl 0 I..- (J z 0 (J (J ITEM NO. DATE: February 4, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF ROAD IMPROVEMENT AND LAND USE AGREEMENT BETWEEN CITY OF UKIAH AND MENDOCINO COUNTY The attached draft agreement has been developed through meetings between City Staff and County Staff to address the environmental impacts of constructing the Orchard Avenue bridge spanning Orrs Creek and extending Orchard Avenue to Brush Street. As the City Council knows, in connection with the construction of the Orchard project, the City retained a consultant to conduct an environmental assessment of the impacts from constructing these improvements. It became apparent in that process that the construction of the bridge would facilitate development in the County area commonly called the "Brush Street triangle." Much of the impact from constructing the bridge would result from development within the Brush Street triangle. In order to approve an environmental impact report for this construction project, (1) the City Council must be able to find that the identified impacts have been adequately mitigated. Under its current zoning designation and the applicable provisions of the Mendocino County zoning ordinance, some commercial and industrial development in the Brush Street triangle can be constructed on existing parcels subject only to obtaining building permits from the County. Since the County lacks discretionary approval authority over these developments, no mechanism is currently in place to [Continued on page 2] RECOMMENDED ACTION: Approve agreement and authorize the Mayor to sign on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTION: Instruct City staff on changes the City Council wants it to negotiate for. Citizen Advised: None Requested by: City Manager Prepared by: David J. Rapport, City Attorney Coordinated with: City Manager, Charlie Stump, Diana Steele Attachments: 1. Road Improvement and Land Use Agreement between City of Ukiah and Mendocino County 2. Orrs Creek Bridge Improvements 3. Brush Street Triangle Map 4. Pages 1-3 of MCOG Study (delineating MCOG Study Area) APPROVED: '~ Can~ace Hor~ley, City Manlger [Continued from page 1] impose conditions on or extract fees from them to pay for mitigations inside the City or the County for such impacts as may be caused by increased traffic, storm water run-off, and so on. These facts are set forth in the "Recitals" to the Agreement. The Agreement contains the following key provisions: 1. As required by Streets and Highways Code Section 1810, the Agreement gives the County's consent to the City constructing these improvements in the unincorporated area and within county rights of way and requires the City to convey the improvements and any newly acquired right of way to the County. The County shall maintain those improvements and right of way it owns or is granted under the Agreement. (Paragraphs 1 & 2) 2. The City and County shall each pay one-half the cost to maintain, repair or replace the bridge, as long as it is located both inside the City limits and outside the City limits in the unincorporated area. If the area occupied by the bridge is annexed entirely into the City or the County that entity would assume full responsibility for its maintenance, repair or replacement. (Para. 4) 3. The City is required to construct the bridge and the extension of Orchard in accordance with construction documents it has signed with a construction contractor. (Para. 5) 4. Before approving any building permits for construction within the Brush Street triangle, the County must adopt I and u se regulations t hat give i t sufficient discretionary control over such development to impose conditions which will mitigate adverse environmental impacts within the City that those projects may cause. The County must evaluate the environmental impacts of projects in accordance with CEQA before approving them. This evaluation must include cumulative impacts. The City is not required to approve the SDEIR for the bridge construction or commence construction of the bridge, until it is satisfied that amendments to the County's zoning regulations satisfy these requirements. (Paras. 5 & 6.) 5. Paragraph 7 of the agreement addresses the obligation of the County and the City to mitigate environmental impacts associated with developing the Brush Street triangle. a. The City and County agree to coordinate efforts and endeavor to develop off-site capital improvement fees to fund capital improvements necessary to mitigate traffic impacts from development within the "MCOG study area." That area is described in Exhibit C to the Agreement, and includes the Brush Street triangle and a limited area within the City. (2) The fees must be assessed against parcels of property based on the proportion of new traffic contributed by development on those parcels. The MCOG study can be used to develop the fees but the City and the County are not required to use it. (Para. 7.1.) b. The City and the County must consider the SDEIR for the bridge in evaluating the traffic impacts of any project within the MCOG study area that will generate additional traffic, and must mitigate project-related traffic impacts within the City and in the MCOG study area, taking into account cumulative impacts from all development within the MCOG study area. No project shall be approved, unless steps have been taken to fund that project's proportionate share of the costs to mitigate traffic-related environmental impacts. (Para. 7.2.) c. Paragraph, 7.3 addresses capital improvements identified in the SDEIR and the MCOG study which are needed to mitigate traffic impacts from development within the MCOG study area. The parties shall agree in the future about when and in what order these improvements shall be constructed, and if they should be modified. They also must agree to a schedule for their construction. A private development project within the MCOG study area shall not be approved unless it either pays its proportional share of the cost of the capital improvements or arrangements are made to pay those costs. The arrangements may include: (1) having another development pay more than its share with a right of reimbursement from future projects, (2) having the jurisdiction which must approve the project pay those costs with a similar dght of reimbursement, (3) having a project construct an entire improvement instead of contributing a portion of the cost for multiple improvements as long as the cost of that improvement equals that project's share of the cost of all the improvements or (4) as long as it is consistent with the requirements of CEQA, the City and County can agree to modifying the schedule for constructing the mitigations or the required mitigations. c. As long as the City or County complies with its obligations under paragraph 7.3, and prior to the adoption of off-site capital improvement fees, either the City or the County can approve a project by making a finding of overriding consideration to reduce or limit the imposition of mitigation funding for a specific project. Conclusion: Staff believes that the draft agreement provides sufficient assurance to the City that the County will fund capital improvements necessary to mitigate traffic impacts in the City from new development in the Brush Street triangle. At the same time, the agreement provides flexibility to both the City and the County in how they assess new development for these costs and plan for the orderly funding and construction of these improvements. ROAD IMPROVEMENT AND LAND USE AGREEMENT- 9/30/03 This Agreement is made and entered on 2004 ("Effective Date"), in Ukiah, California, by and between the City of Ukiah ("City"), a general law municipal corporation, and the County of Mendocino ("County"), a political subdivision of the State of California. RECITALS: 1. The City has under review the construction of certain improvements which will consist of constructing a bridge over Orrs Creek and extending Orchard Avenue to Brush Street. These improvements are more particularly described in the attached Exhibit A, which is incorporated herein by this reference ("Orchard Avenue Bridge Improvements"). 2. The City has prepared a Revised Draft Environmental Impact Report ("RDEIR"), dated October 2002, for the Orrs Creek Improvement project under the provisions of the California Environmental Quality Act ("CEQA") which has determined that the construction of the Orrs Creek Improvements will promote commercial development in an unincorporated area ("Brush Street triangle"), depicted and described in the attached Exhibit B which is incorporated herein by this reference. 3. According to the RDEIR, commercial development within the Brush Street triangle will have adverse impacts on traffic and other adverse environmental impacts within the incorporated limits of the City of Ukiah. 4. Both parties also acknowledge that commercial development outside the Brush Street triangle, including within the City of Ukiah, may have adverse traffic impacts within the Brush Street triangle. 5. Under its current zoning designation and the applicable provisions of the Mendocino County zoning ordinance, some commercial and industrial development in the Brush Street triangle can be constructed on existing parcels subject only to obtaining building permits from the County. No discretionary permits, such as use or site development permits, are required. As a consequence, unless the County imposes additional land use regulations in the Brush Street triangle, property owners may construct some commercial and industrial development with potentially adverse environmental impacts within the incorporated limits of the City without adequate means currently in place to assess or mitigate those impacts. 6. The City takes the position that under the requirements of CEQA it cannot certify the RDEIR and undertake the construction of the Orchard Avenue Bridge Improvements, unless it can find that cumulative adverse environmental impacts within the City of Ukiah from construction of the Orr Creek Bridge, including development in the Brush Street triangle, as identified in the RDEIR or as may be identified in future evaluations of specific projects, are reduced to the point below the threshold of significance through changes to the projects or the adoption of enforceable conditions to the approval of those projects. 7. Pursuant to Streets and Highways Code § 1810, the County has no objection to the City acquiring right of way and constructing the Orchard Avenue Bridge Improvements partially within the unincorporated area. AGREEMENT: Wherefore, in consideration of the above-recited facts and the terms and conditions as further stated herein, the parties hereby agree as follows. 1. Consent to Construction of Improvements. The County hereby consents to the construction of those Orchard Avenue Bridge Improvements which will be within the unincorporated areas of the County, and any right of way acquired for the extension of Orchard Avenue or for the construction of the Orchard Avenue Bridge Improvements, lying north of the Ukiah City limits. 2. Dedication to the County. The City shall irrevocably offer to dedicate to the County the constructed improvements north of the north bridge abutment and all acquired rights of way not already owned by the County which are part of the extension of Orchard Avenue within the unincorporated area. The County shall accept the rights of way and improvements as part of the County Maintained Road System and shall assume maintenance responsibility for the Orchard Avenue Bridge Road Improvements located outside City limits or north of the north bridge abutment. That acceptance shall occur within sixty (60) days after the improvements have been completed in compliance with the plans and specifications for their construction. 3. Maintenance, Rehabilitation and Replacement of Orchard Avenue Bridge. A long as the Orchard Avenue Bridge remains within the jurisdictional boundaries of both the City and the County, the expense of maintenance of the bridge shall be borne equally by the City and the County. Maintenance of the bridge shall be the responsibility of the City and shall occur on an as needed basis. Annually, after completion of the bridge, the City shall submit an invoice to the County setting forth the actual expenditure for the maintenance of the bridge for the previous twelve (12) months. The County shall pay the invoice within sixty (60) days of its submission. As long as the bridge remains within the jurisdictional boundaries of both the City and the County, the cost of rehabilitation and replacement of the bridge shall be borne equally by the City and the County. If the Brush Street triangle, or any portion contiguous to the bridge, is annexed into the City, the Orchard Avenue Bridge shall also be annexed and all future maintenance, rehabilitation and replacement costs shall be borne entirely by the City. If the north bridge abutment of the Orchard Avenue Bridge is annexed into the County, all future maintenance, rehabilitation and replacement costs of the bridge shall be borne entirely by the County. 4. Construction of improvements. The City shall construct the Orchard Avenue Bridge Improvements in accordance with the construction schedule set forth in the contract documents for the construction of these improvements, unless the time for completion is extended with the approval of the City or as a result of the contractor's performance. 5. Future County land use approvals. Prior to issuing any building permit for construction within the Brush Street triangle, the County agrees to adopt land use regulations for the Brush Street triangle that require discretionary approval by the County of any commercial development or other development with potentially significant adverse environmental impacts (either individually or cumulatively) within the City ofUkiah ("a Project") and to evaluate such impacts in accordance with the requirements of CEQA prior to approving any such Project. Any such discretionary approval shall provide the County with sufficient authority to impose conditions or take other actions to adequately mitigate any adverse environmental impacts identified during the evaluation of thc Project in compliance with CEQA. 6. Process by which County adopts land use approvals. The County will proceed to amend its zoning ordinance providing discretionary approval authority as described in paragraph 5 of this Agreement. Within 90 days of receipt by the City of the land use regulations adopted by the County pursuant to this paragraph 6 and upon the City's satisfaction therewith, the City shall take final action on the Revised Draft EIR for the Orchard Avenue Bridge Improvements. Within 45 days of its receipt of said land use changes, the City shall notify the County in writing as to whether or not it is satisfied that those changes comply with the requirements of this Agreement. If the City is not satisfied, the notice shall include the reasons for the City's dissatisfaction. 7. Mitigations. 7.1 The parties acknowledge that the Mendocino Council of Governments ("MCOG"), at their request, commissioned a technical study, entitled Brush Street Triangle Transportation Study (W-trans, May 30, 2003) which can be used as deemed appropriate by the parties to develop for adoption by the County and the City resolutions imposing off-site capital improvement fees sufficient to fund capital improvements necessary to mitigate traffic impacts from development within the "MCOG study area," which includes the Brush Street Triangle Development Area, all as depicted and described on pages 1-5 and 16 of the MCOG Study, a true and correct copy of which is attached hereto as Exhibit C and incorporated herein by reference. The County and the City shall endeavor to adopt off-site capital improvement fees as authorized by the Mitigation Fee Act to fund capital improvements in the City and the County necessary to adequately fund mitigations for traffic impacts from developments that will generate additional traffic within the MCOG study area. This Agreement does not obligate either the City or the County to accept or use the study in the form approved by MCOG. Each jurisdiction shall have discretion to adopt a study that it determines fairly and adequately apportions among affected parcels of land the cost of constructing improvements to adequately mitigate off-site adverse environmental impacts of new development within the MCOG study area, but the parties shall endeavor to coordinate their studies and to make them compatible. 7.2. In evaluating the environmental impacts of a project that will generate additional traffic within the MCOG study area (as defined in paragraph 7.1 above), the County and the City shall consider the EIR certified by the City for Orchard Avenue Bridge and shall, in compliance with CEQA, mitigate project-related traffic impacts within the City as well as in the unincorporated area, comprising the MCOG study area. In evaluating the impacts of any individual such projects within the MCOG study area, the County and the City shall include an evaluation of the cumulative impacts from all potential new development that may generate additional traffic within that area. Neither the City nor the County shall rely on its lack of jurisdiction within the other jurisdiction to find that it is infeasible to mitigate an adverse environmental impact in the other jurisdiction. The County and the City shall take steps to fund improvements in the other jurisdiction deemed necessary to mitigate adverse environmental impacts from full development of projects that will generate additional traffic within the entire MCOG study area. Subject to Section 7.3, below, neither the County nor the City shall approve any project that will generate additional traffic within the MCOG study area, unless such steps have been taken to fund that project's proportionate share of the costs to mitigate such environmental impacts. The amount contributed by or on behalf of such projects shall satisfy the proportionality requirements of the Mitigation Fee Act (Cal. Gov't Code §66000 et seq.). 7.3 The MCOG Study identifies a series of recommended mitigations to address cumulative traffic impacts of development within the MCOG study area. The parties agree that these mitigations should be prioritized with some performed before others, and that some of the proposed mitigations may require revision or modification based on the infeasibility of the mitigations or development of a better alternative. The parties also recognize that development in the portions of the MCOG study area located within the City and within the unincorporated area of the County is likely to take place at different rates. The parties shall determine a schedule tied to increased levels of traffic for constructing the recommended traffic mitigations or any agreed upon modifications of such mitigations. Those mitigations, including any agreed upon modifications, shall either (1) be constructed when called for under the agreed upon schedule, or (2) the project shall not be approved, if sufficient funding is not available to construct the mitigations as scheduled Alternatively, any funding shortfall may be addressed by requiring some projects to pay for the full cost of the required mitigations, even if that cost exceeds that project's proportional share of the cost of all mitigations required by this agreement, with a right of that project to be reimbursed from the fees paid by future developments; or, the jurisdiction or jurisdictions where the development triggering the need for the mitigations has occurred may proportionally fund the shortfall with a similar right of reimbursement from the fees paid by future developments; or, the jurisdiction may require a given project, in lieu of paying its full share of each mitigation identified in the MCOG study (or other study referred to in paragraph 7.1), to pay a higher proportional share of a specific mitigation, provided that each project pays its proportional share of the total mitigation costs identified in the MCOG study or other study under paragraph 7.1; or, after meeting and conferring with the other party to this agreement, and subject to the requirements of CEQA, the parties may allow a project to proceed by modifying the schedule or the required mitigations. 7.4 The foregoing provisions of this paragraph shall not preclude either the City or the County from adopting a statement of overriding consideration to reduce or limit the imposition of mitigation funding for specific projects that the City or County approves prior to the adoption of off-site capital improvement fees under the Mitigation Fee Act for projects within the MCOG study area; provided, however, that the City or the County shall comply with its obligations under Section 7.3, above. 8. Modifications. City or County may, from time to time, request changes in the terms of this Agreement. Such changes, which are mutually agreed upon by and between City and the County, and approved by the City Council and the Board of Supervisors, shall be incorporated in written amendments to this Agreement. 9. Assignment. City and County shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the other party. 10. Application of Laws. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby apply to the parties' performance under this Agreement. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County. 12. Attorneys fees. In any action to enforce the provisions of this Agreement the prevailing party shall be entitled to recover from the other party, its reasonable attorneys' fees in addition to its costs of suit. 13. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 14. Integration. This Agreement contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 15. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 16. Notice. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or when deposited in the United Sates mail as certified or registered mail, return receipt requested, and addressed as follows: COUNTY County of Mendocino c/o: County Administrator County Administration Center 501 Low Gap Road Ukiah, CA. 95482 City of Ukiah c/o: City Manager Civic Center 300 Seminary Avenue Ukiah, CA 95482 17. Paragraph headings. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement. 18. Duplicate originals. This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. 19. No third party beneficiaries. This Agreement is for the exclusive benefit of City and County and confers no rights or benefits on any persons or entities not a signatory to this Agreement. No third party beneficiaries are intended or established by this Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. CITY OF UKIAH By. Mayor ATTEST: City Clerk Approved as to form: City Attorney COUNTY OF MENDOCINO By: Chairman of the Board of Supervisors ATTEST: Clerk of the Board Approved as to form: County Counsel Road Improvement and Land Use Agreement ORRS CREEK BRIDGE IMPROVEMENTS 4. The City of Ukiah is proposing to construct a roadway improvement project. This project was proposed as "project enhancements" when the City approved the KMART project cn Orchard Avenue to the south of the Study Area. The KMART project resulted in traffic traveling through residential areas north and west of the KMART Store. The City agreed to investigate the possibility of constructing the currently proposed project as a means of alleviating those traffic effects. This EIR is the fulfillment of, the City's intention regarding that past project. The proposed project improvements (as shown on Figures 4 and 5) include the following: 1. Extend Orchard Avenue to Brush Street from its current northem terminus at Ford Street. Improve Orchard Avenue from Ford Street to the bridge to provide two travel lanes and dirt shoulders plus adequate .taper to the bridge. Construct a concrete bddge across Orr Creek. The bridge would be approximately 95 feet long. It would have a' total width of 62 feet to allow four travel lanes plus 4-foot wide bike lanes and 5-foot wide sidewalks on both sides. Initially, only two travel lanes would be constructed on the bddge. The..bddge would include a middle support which would be constructed in the lower portion of the north bank as shown on Figure. 5. The support would be a "pile bent" system (i.e., piers set in the ground to support the bddge structure) using 13 15-inch diameter piles placed in a single row parallel with the stream channel. It is possible that the final geotechnical design report will recommend armodng of the north bank to prevent erosion. North of the bridge, Orchard Avenue would be extended to Brush Street. The extension would include two 12-foot wide travel lanes with 6-foot wide dirt shoulders. South of the southem bridge abutment, ramps would be constructed on the east and west side of Orchard Avenue. The 16-foot wide ramps would be constructed to allow City maintenance vehicle access to City-owned property on the south side of Orr Creek. The ramps would be gated and not allow public access. A storm drain would be constructed that would collect runoff from ditches south of Brush Street and north of Orr Creek. Roadside ditches would be constructed adjacent to the Orchard Avenue Extension north of Orr Creek. The runoff in these ditches would be directed to a storm drain inlet located about 120 feet south of Brush Street. A 48-inch underground storm drain would then transport runoff to a discharge point beneath the north abutment of the proposed bridge. Runoff would then discharge down the north bank of the creek beneath the bridge to Orr Creek. A rock outfali would be constructed beneath the storm drain outlet to prevent streambank erosion. The drainage pipe has been designed to handle flows from possible future development in the Study Area. A 12-inch water line would be extended from its current northern terminus on Orchard Avenue north to Brush Street along the east side of the future Orchard Avenue Extension/Public Utility Easement right-of-way. The water line would be attached to the east side of the bddge above the 100-year flood elevation. The new water line is proposed to provide adequate flreflows along Ford Street (i.e., allowing the water lines to be "looped"). No new service would be provided off this new water line. A 130-foot retaining wall would be constructed along a portion of the west side of the Orchard Avenue Extension. The retaining wall would start about 270 feet north of Ford Street and extend about 115 feet north and then turn west for about 30 feet. along the south side of the proposed maintenance ramp road. The retaining wall would have a maximum elevation of about 5 feet. The bddge structure would include conduits to accommodate future electrical and communication lines. .. ATT:. Road Improvement and Land Use Agreement t )lee JO J JO Bridge/Road Improvement and Land Use Agreement Introduction and SUmmary ATT'. Introduction This report presents an analysis of the anticipated traffic impacts antiCipated in the northeast area of Ukiah due to cumulative land use development and completion of an extension of Orchard Avenue from Ford Street to Brush Street. Cumulative development included a number of undeveloped parcels in this area of the City as well as the development of a 95-acre area in the Brush Street Triangle area which is generally bounded by U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west. The traffic study was completed in accordance with evaluation criteria specified by the. Mendocino Council of Government (MCOG), and is consistent with standard traffic engineering techniques. This plan includes a property assessment/fee structure and an associated draft AB 1600 ordinance which provides a structure for funding the recommended improvements. A previous traffic analysis for this area was completed as part of the Orr Creek Bridge and Orchard Avenue Extension Revised Draft EIR, Leonard Charles and Associates, October 2002 (Section 3.5 - Traffic and Circulation, completed by Crane Transportation Group). A peer review of this previous traffic analysis was completed as part of this process and is included in Appendix A. Summary Traffic Growth Assumptions City of Ukiah staff provided a list of undeveloped parcels within the study area that could potentially increase traffic levels within the study area. These parcels are projected to generate approximately 12,165 new trips to the surrounding street network on a daily basis. Since no traffic model is currently available for the City of Ukiah, long-term background traffic growth was determined through the use ora growth factor. A background growth rate of 1.0 percent per year for 10 years (total growth increase of approximately 10 percent) was applied to the existing traffic volumes. This growth rate is intended to represent land development in other areas of Ukiah and intensification of existing uses. Three alternative land use patterns were developed for the traffic analysis of the Brush Street Triangle area. The alternatives were crafted in order to obtain a range in vehicle trip generation and travel patterns to/from the site, and to assist with prioritizing the improvement projects of the circulation plan. It was assumed that the Brush Street Triangle area includes 95.71 acres of gross land area. The tln'ee alternatives consisted of the following. Alternative 1 -DEIR Land Use: The first alternative represe~: :_s the same land use that was evaluated in the Orr Creek Bridge and Orchard Avenue Extension Revised Draft EIR. This land use consisted of 641,728 square feet of retail space, 241,461 square feet of industrial space and 56 apartment units. Development ofA!ternative 1 would be expected to result in approximately 18,189 new vehicle trips per day on the surrounding street network. Alternative 2 - Airport Business Park 2002 Equivalence: In order to assess a less intense retail alternative, or one which represents an earlier phase of Alternative 1, it was assumed that the Brush Street Triangle area may experience comparable 1 O-year levels of development as the Airport Business Park. In the 10 years since its initiation, 37.80 acres have been developed at the Airport Business I'ark. ~1 he resulting 326,330 square feet of new building space was assumed to consist of both retail and industrial Brush Street Triangle Transportation Study Mendocino Council of Governments Whitlock & Weinberger Transportation, Inc. Page 1 May 30, 2003 uses at a similar ratio to Alternatives 1. Alternative 2 is projected to generate substantially fewer trips, at approximately 8,218 vehicle trips per day. Alternative 3 - Mixed Use: The third land use alternative is based on a mixed use concept consisting of 50 percent residential uses (47.9 acres), 25 percent commercial uses (23.9 acres) and 25 percent industrial uses (23.9 acres). The resulting land use mix consists of 536 multi-family units, 48 single-family units, 312,720 square feet of retail uses, and 208,480 square feet of industrial uses which would be expected to generate approximately-12,251 trips per day. Need for Interchange Modifications In order for the Perkins Street interchange area to operate with acceptable conditions between Orchard Avenue and the U.S. 101 ramps, one of the following two alternatives would need to be implemented. A) All conflicting movements at the Perkins Street/U.S. 101 southbound ramps intersection would need to be prohibited through the use of a median on Perkins Street. B) The southbound ramps at the Perkins Street interchange would be eliminated, and new southbound off and on ramps would be relocated to the eastern terminus of Brush Street. Due to the high cost of this alternative and long lead time in completing modifications to the State Highway system, it is recommended that mitigation measures to serve traffic growth in northeastern Ukiah be formulated to operate with ramp alternative "A" first, followed by alternative "B" in the future. Recommended Mitigation Measures Based on the operational analysis presented in the report, the following intersection improvements were recommended. North State Street/U.S. JO1 Northbound Ramps- Install a traffic signal. North State Street/U.S. 101 Southbound Ramps - Consider prohibiting the left-tram movement from the oft-ramp. North State Street/Brush Street-Low Gap Road-.- Widen the westbound approach to two lanes and provide for protected left mrn signal phasing Main Street/Perkins Street - Either install a traffic signal or modern rom~dabout. Main Street/Gobbi Street - hmtall either a traffic signal or a single-lane modem roundabout to mitigate deficient operation. A roundabout with an inscribed diameter of 110 feet would operate acceptably. Orchard Avenue/Brush Street- Install a modern roundabout. Orchard Avenue/Ford Street and Clara Avent:e - Provide a center two-way left-turn lane on Orchard Avenue to facilitate left turns onto Ford Street and Clara Avenue. Orchard.4venue/Perkit~.s Street- Widen the eastbotmd and wcstbotmd approaches to provide separate right-turn lanes and implement right-turn overlap signal phasing on all four approaches. JJrush Street Triangle Tranzportation Study Whitlock & Weinbergcr Transportation, Inc. Page 2 Mcndocino Core,oil of Govermncnts May 30, 2003 Orchard Avenue/Gobbi Street - Either install a traffic signal or modem roundabout. Perkins Street/U.S. 101 Southbound Ramps - Install a raised median on Perkins Street to eliminate all conflicting movements. Most of the prohibited movements could be accommodated via a return U-mm on the east side of the interchange. Begin the process of relocating the southbound ramps to the terminus of Brash Street and closing the southbound U.S. 101/Perkins Street ramps. It is expected that this process would take approximately 10 years. Perkins Street/U.S. 10l Northbound Ramps - Install a modem roundabout to serve U-turn movements back to the southbound ramps. Gobbi Street/U.S. I01 Southbound Ramps - Install a traffic signal. Mitigation Funding The total mitigation cost varies from $6,880,000 to $7,550,000. Almost one-half of this cost, $3,300,000 is for the interchange ramp relocation to Brash Street. The cost to provide acceptable traffic operation at all of the study intersections is essentially the same under all three land use alternatives for the Triangle Area. In order to finance the mitigation measures which would be required to accommodate the future traffic growth, traffic impact fees have been developed. It is assumed that the cost of the mitigation measures would be allocated to anticipated development in the study area including: - identified potential projects on vacant parcels in the City of Ukiah - ~ development at the Brush Street Triangle area - background land use intensification in the City or County which impacts the study area Assuming that local development would not fund any of the interchange ramp relocation to Brush Street, the resulting fee varies between $1,149 and $1,547 per p.m. peak hour trip generated. If the local development funds 50 percent of the $3,300,000 interchange relocation cost, the fee would vary between $1,596 and $2,148 per p.m. peak hour trip. In order to gain adequate funds to complete the capital projects and due to the uncertainty of the amount and type of land use to be developed on the Brush Street Triangle site, it is recommended that the traffic impact fees be based $2,148 per p.m. peak hour trip. Brush Street l)-iangle Transportation Study Whitlock & Wcinberger Transportation, Inc. Page 3 Mcndocino Council of Governments May 30, 2003 Study Parameters Study Area The study area is located in the northeast section of the City of Ukiah including U.S. 101 and the City arterials of North State Street, East Perkins Street and Gobbi Street. The Brush Street Triangle development site is bounded by U.S. 101 to the north and east, Orr Creek to the south and the raikoad right-of-way to the west is unincorporated County of Mendocino land. Freeway U.S. 101 provides travel two lanes in each direction and serves as the primarily link to other regions to the north and south. Interchanges in the study area include North State Street, Perkins Street, and Gobbi Street. All of the ramp intersections at the three interchanges are uncontrolled on the main street with stop controls on the ramp approaches to the arterials. Arterial Streets State Street is the primary north-south arterial in the City of Ukiah. This arterial intersects with the U.S. 101 interchange at the north end of the City and extends to an interchange with U.S. 101 at the south end of Ukiah. Within the study area, State Street provides four travel lanes. Perkins Street is an east-west arterial providing access between U.S. 101 and residential areas to the west. East of U.S. 101, Perkins Street becomes Vichy Springs Road which provides access to large uninco¢orated residential areas. Between State Street and Orchard Avenue there are four travel lanes. East of Orchard Avenue, Perkins Street includes two travel lanes. Gobbi Street is a two-lane arterial providing access between U.S. 101 and residential areas to the west. Collector Streets Orchard Avenue is a two-lane major collector providing north-south access between Ford Street and residential areas south of Gobbi Street. This study assmues the extension of Orchard Avenue from Ford Street north to Brush Street. Empire Drive - Ford Road is an east-west two-lane minor collector providing access at the north end of Ukiah. It is assumed that Orchard Avenue will be extended north frmn Brush Street to an intersection with Ford Road near an overcrossing of U.S. 101. Low Gap Road - Brush Street is a t~vo-lane major collector street providing east-west access from unincorporated areas to the west, the high school, County Administration Center and residential areas to the development area known as the Brash Street Trim~gle Area. Clara Avenue, which is classified as a minor collector street, provides access through a residential neighborhood from North State Sh'eet to Orchard Avenue. Residential Streets Ford Street is classified ,'ks a residential street and provides access through a residential neighborhood fi'om North State Street to Orchard Avenue Brush Street Triangle Transportation Study '~Vhitlock & We. inberger Transportation, Inc. Page 4 ...,~::,~.~%~,,. Mcndocino Council of GoveI-nmcnts May 30, 2003 Orr Street is a minor ~residential street over Orr Creek which currently serves as a diversion route from Orchard Avenue to State Street. The extension of Orchard Avenue is expected to relieve this street from through traffic. The study area includes the following study intersections and is shown in Figure 1. 1. North State Street/U.S. 101 NB Ramps 11. Orchard Avenue/Ford Road (fi~ture) 2. North State Street/U.S. 101 SB Ramps 12. Orchard Avenue/Brush Street (future) 3. North State Street/Ford Road-Empire Drive 13. Orchard Avenue/Ford Street 4. North State Street/Brush St-Low Gap Road 14. Orchard Avenue/Clara Avenue 5. North State Street/Ford Street 15. Orchard Avenue/Perkins Street 6. North State Street/Clara Street 16. Orchard Avenue/Gobbi Street 7. North State Street/Perkins Street 17. Perkins Street/U.S. 101 SB Ramps 8. South State Street/Gobbi Street 18. Perkins Street/U.S. 101 NB Ramps 9. Main Street/Perkins Street 19. Gobbi Street/U.S. 101 SB Ramps 10. Main Street/Gobbi Street 20. Gobbi Street/U.S. 101 NB Ramps As shown in Figure 1, study intersections which are centre lied by traffic signals include North State Street/ Ford Road-Empire Drive, North State Street/Brash Street-Low Gap Road, North State Street/Perkins Street, South State Street/Gobbi Street, and Orchard Avenue/Perkins Street. Intersections controlled by all-way stop signs include Main Street/Perkins Street, Main Street/Gobbi Street and Orchard Avenue/Gobbi Street. The remaining study intersections have uncontrolled conditions on the main street and are controlled by stop signs on the minor street approaches. Intersection turn lane configurations for the study intersections are included in Appendix B. Time of Day Analysis Periods This analysis focused on intersection operation during two peak hours of the day. Based on an analys~s of existing traffic counts, which is shown in the following section, the a.m. peak h:::ur volumes are generally 15 to 30 percent lower than the p.m. peak hour volumes while the midday volumes range from 5 percent less to 5 percent higher in some cases in comparison with the p.m. peak hour volumes. Therefore, the weekday midday and p.m. peak hours were included in the analysis. Typically the midday peak hour occurs between 12:00 noon and 1:00 p.m. while the p.m. peak hour is the highest volume hour between 4:00 and 6:00 p.m. Study Analysis Scenarios The following scenarios were assessed in the traffic analysis. I. Existing Traffic Operations - These conditions are based on existing weekday p.m. peak hour volumes that were first collected in August of 2002 and were sample counted again in January of 2003 together with midday peak hour traffic counts derived from the previous p.m. peak hour counts as well as daily machine counts collected at sample locations in January of 2003. II. Existing plus Cumulative City Pr_oiects - This scenario includes the addition of the traffic anticipated to be generated by the development of currently undeveloped parcels in the northeast study area of the City. The extension of Orchard Avenue from Ford Street to Ford Road and its associated traffic diversion was assumed to be completed for this scenario. III. Future without Triangle Development - This scenario, which does not include the Triangle Az'ea development, includes the addition of cmnulative traffic anticipated to be generated by the undeveloped Brush Street 7)'iangle Tranxportation Study Whitlock & Wcinberger Transportation, Inc. Page 5 Mendocino Council of Governments May 30, 2003 w-tra ns~; 2. 3. 4. 5. e 7. 8. 9. 10. !1. 12. 13. 14. 15. 16. 17. 18. 19. 20. North North North North North North North State St/US 101 NB Ramps State St/US 101 SB Ramps State St/Ford Rd-Empire Dr State St/Brush St-Low Gap F State St/Ford St State St/Clara Ave State St/Perkins St North State St/Gobbi St Main St/Perkins St Main St/Gobbi St Orchard Ave/Ford Rd (future) Orchard Ave/Brush St (future) Orchard Ave/Ford St Orchard Ave/Clara St Orchard Ave/Perkins St Orchard Ave/Gobbi St Perkins St/US 10 ! SB Ramps Perkins St/US 10 ! NB Ramps Gobbi S,rJUS 101 SB Ramps Gobbi S'rJUS !01 NB Ramps LFGEND All Way Stop Conlrolled Inlcrscciion Unsig~mlized h~tcr.'x~.cdon Sic, II'Izod Intersccl io~l Proposed Extension Nol lo Brush Street Triangle Transportation Study Mendocino Council of Governments Figure Study An Cumulative City Development Projects Trip Generation City ofUkiah staffprovided a list of undeveloped parcels within the study area that could potentially increase traffic levels within the study area. These parcels, including their Assessor Parcel number and land use are summarized in Table 4. Based on the ITE trip generation rates, these 12 parcels are projected to generate approximately 12,165 new trip~ to the surrounding street network on a daily basis, with 760 of these trips occurring duri'ng the'a.m, peak hour, 806 during the midday peak hour and 1,172 occurring during the p.m. peak hour. These trips were distributed to the surrounding street network in the traffic analysis. Additional cumulative development project details including location maps and a trip generation summary are included in Appendix E. For the purposes ofthis study, it was assumed that these cumulative projects would develop within a ten year period. Table 4 Cumulative City Development Projec, ts TrlI Generation P.M. Peak Hour Site APN Land Use Units Trip Rate Trips 1 · 001-36-039 General Light Industrial 141.06 ksf 0.98 138 ..... ~ .... ~)-t~-~-09-316 Church 12 ksf I 0.66 8 4 ~002-03-006 Retail 94.09 ksf 2.43 229 ~ ,, ___.5. ..... 002-16-012 ..&__-913 Medical Office 79.80 ksf 3.66 292 .. __.6_ .... 002-16-010 Medical Office 22.30 ksf 3.66 82 .... _7_ 002-20-038 Retail 7.14 ksf 2.43 17 · Retail 29.45 ksf 1.94 57 8 002-23-212 & -213 Office 29.45 ksf 1.49 44 002-28-218 &-219 .......................... .... ............. Light Industrial 117.79 ksf 0.98 115 .... .... .9__(several) 002-34-xxx Office 13.94 ksf 1.49 21 10 (several) 003-58-xxx Retail 26.14 ksf 1.95 51 ,, 11 003-04-070 & -075 Retail 22.30 ksf 1.93 43 -~'~--003-04-030 ' Apartment 64 units" 0.62 40 Total Trips 1,172 Note: APN = Assessor's Parcel Number ksf = thousand square feet Brush Street Triangle Transportation Study Whitlock & Weinberger Transportation, lnc, Page 16 Mendocino Council of Governments May 30; 2003 ITEM NO. DATE: February 4, 2004 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF COUNCIL REPRESENTATIVE TO THE UKIAH MAIN STREET PROGRAM BOARD OF DIRECTORS Councilmember Smith has served as City Council representative to the Ukiah Main Street Program Board of Directors since coming on to the City Council. Due to a scheduling conflict Councilmember Smith has indicated he can no longer attend the meetings, which are scheduled for 8:00 to 9:30 a.m. every third Thursday of the month. Main Street Executive Director, Joy Beeler, on behalf of the entire Main Street Board has expressed gratitude and appreciation for Councilmember Smith's valuable contributions and looks forward to continuing participation by the Council. Main Street is partially funded by the Redevelopment Agency and is a vital partner of the City and Agency in downtown revitalization. Staff believes active Council participation during Board meetings is valuable to both parties in order to maintain clear communications and the greatest effectiveness. Consequently, staff is recommending Council appoint a new representative. RECOMMENDED ACTION: Appoint new Council representative to the Ukiah Main Street Board of Directors. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine appointment at this time is inappropriate and continue item to future date. 2. Determine continued representation by Council on the Main Street Board of Directors is unnecessary and do not appoint new representative. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Ukiah Main Street Program Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager None LD/ZIP2 Candace Horsley, City~anager MainStreet~ppointment.Asr ITEM NO. 10q DATE: February 4, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENT TO THE TRAFFIC ENGINEERING COMMITTEE Recently the City Clerk's office was informed of Kevin Cotreneo's resignation from the Traffic Engineering Committee as a public representative. Staff prepared a News Release regarding the vacancy on January 20 and submitted it to the media on a daily basis until the application deadline of January 30. As of the deadline, applications were submitted by Fred Alexander, John P. Champion, David Morrow, Donald R. Pfleger, and Stephen Turner. Attached for Council's consideration are the applications for appointment to the Traffic Engineering Committee. The responsibility for the nomination at this time is Councilmember Andersen. RECOMMENDED ACTION: Adopt Resolution making appointment of one applicant as the "public member" to the Traffic Engineering Committee. ALTERNATIVE COUNCIL POLICY OPTIONS: Extend the deadline for submittal of applications to the Traffic Engineering Committee. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Traffic Engineering Committee Marie Ulvila, Deputy City Clerk Candace Horsley, City Manager 1. Resolution making appointment to the Traffic Engineering Committee 2. News Release announcing vacancy on the Traffic Engineering Committee 3. Applications received from John P. Champion, David Morrow, and Donald Pfleger 4. Resignation of Kevin Cotroneo ~an~-ace HorsleY, City Manag~ ASR: Commission Vacancy-Traffic Eng-Feb 2004 ATTACHMENT RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE TRAFFIC ENGINEERING COMMITTEE WHEREAS, on January 18, 2004, Kevin Cotroneo submitted his resignation as the "public member" to the Traffic Engineering Committee; and WHEREAS, the "public member" vacancy was duly advertised until the close of applications on January 30, 2004, with submitted applications timely received and submitted to Council for consideration. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nomination submitted per procedures outlined in Resolution No. 2001-61, and does hereby appoint to the Traffic Engineering Committee as its "public member". PASSED AND ADOPTED this 4th day of January, 2004, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk ATTACHMENT~ NEWS RELEAS af Ilk~ah VACANT SEAT ON CITY OF UKIAH TRAFFIC ENGINEERING COMMITTEE DATE: FOR RELEASE: SUBJECT: CONTACT: January 20, 2004 Immediately Vacancy on City of Ukiah Traffic Engineering Committee Marie Ulvila, Deputy City Clerk, 463-6217 UKIAH, CA. - The City of Ukiah announces an opening for a public member on the City of Ukiah Traffic Engineering Committee. If you are a City of Ukiah resident, of driving age, and are interested in serving as a volunteer on the committee, we urge you to fill out an application. Any qualified individual who would like to make a difference in the community may apply. Pursuant to the Municipal Code, the Traffic Engineering Committee serves as the City's Traffic Engineer. The general duty of the Traffic Engineer is to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering and traffic investigation of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions, and to carry out the additional power and duties imposed by City Ordinances. In most cases, the Traffic Engineering Committee submits its recommendations to the City Council for approval. Applications may be obtained at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or by calling 463-6200 or 463-6217 and an application will be sent to you. The deadline for submittal is noon on January 30, 2004. The appointment will be made at the regular City Council meeting of February 4, 2004. Marie Ulvila, Deputy City Clerk C: KUKI/KIAH KWNE KFWU KNTI KMFB Ukiah Daily Journal KZYX Main Street News KOZT Press Democrat Q106 r..~ ~,~, ~ ~~,, 300 SEMINARY AVENUE UK~~~-~ Phone¢ 707/463-6200 Fa~ 707/463-6204 Web A~dress~.cityofukiah.com PressRelease:Traffic Engineering Date CITY OF UKIAH APPLICATION FOR TRAFFIC ENGINEERING COMMITTEE ! am applying for an appointment to the City of Ukiah's Traffic Engineering Committee 2. Residence Address /0,.,~'/ /~/, .~U~.// ~,,~ ':~? '--~/~//~.~/ Res. Phone 3. Business Address ,/~7-/~?.D Bus. Phone 4. Employer -- ' Job title ------ ' · Employed since -------- 5. How long have you resided in Ukiah? //~ years; Mendocino County? //~ .... California? 6. Please list community groups or organizations you are affiliated with. Indicate office held. Please answer the following questions on separate sheets of paper and affach. . , Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? . 10. 11. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? What do you believe is the single most important traffic related issue facing our community? and why? In your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? 12. What kind of ideal community do you envision for Ukiah? 13. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? 14. Do you have any known projects or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Clerk, 300 Seminary Avenue, Ukiah, -_ CA 95482-5400 Forms:Traffic Engineering Committee Application Revised: 8/20/99 ' i ! t - Date CITY OF UKIAH APPLICATION FOR TRAFFIC ENGINEERING COMMITTEE lap, pOINTMENT 2 200 C~TY OF UK~AH CiTY CLERK'S DEPARTMENT I am applying for an appointment to the City of Ukiah's Traffic Engineering Committee 1. Name ~.~L~/'~ ~ 2. Residence Address 3. Business Address 4. Employer /~ c_--'F~ ~_ ~ Job title 5. How long have you resided in Ukiah? /x-~ years; Mendocino County? Res. Phone /'Jf¢ ~'- Bus. Phone Employed since California? 6. Please list community groups or organizations you are affiliated with. Indicate office held. Please answer the following questions on separate sheets of paper and attach. . Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? . What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? . How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? 10. What do you believe is the single most important traffic related issue facing our community? and why? 11. In your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? 12. 13. 14. What kind of ideal community do you envision for Ukiah? Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? Do you have any known projects or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO' City of Ukiah, Attn' City Clerk, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms:Traffic Engineering Committee Application Revised: 8/20/99 L--/ r_¢ c,w APPLICATION FOR TRAFFIC ENGINEERING COMMITTE Date ///3 ~//o ~ 004 / CITY OF UKIAH I am applying for an appointment to the City of Ukiah's Traffic Engi~ccri~ 1. Name ~'~Ad/t [) /~ 0 ~_~ o u~J 2. Residence Address ~ ~ ~ ~ ~ ~ 3. Business Address ~~ ¢ 4. Employer ~~ ~C~k~~~ 5. How long have you resided in Uki~h? ~ b ~ ~- ~' f';' Res. Phone Y(~ 3 Bus. Phone ~4~ Employed since years; Mendocino County? 5" California? Job title 6. Please list community groups or organizations you are affiliated with. Indicate office held. Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? . What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? . How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? 10. What do you believe is the single most important traffic related issue facing our community? and why? 11. In your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? 12. What kind of ideal community do you envision for Ukiah? 13. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? 14. Do you have any known projects or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO' City of Ukiah, Attn' City Clerk, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms:Traffic Engineering Committee Application Revised: 8/20/99 ?L ,~ /Aa T~ ~ £ ~-c T/o ~v ~? N sA-F~ ? F /°Ao ~-EcF5 ATTACHMENT~:,. CITY OF uKIAH APPLICATION FOR TRAFFIC ENGINEERING COMMI'R'EE v Date I am applying for an appointment to the City of Ukiah's Traffic Engin CITY OF UKIAH CITY CLERK'S DEPARTMENT ~,';mm9 ~,ommi[[ee 1. Name JbOM R LJ). .~. 2. Residence Address ~ ~ 3. Business Address .~ / I~ Res. Phone ~9~-..z:~o~-- ~_.~ Bus. Phone Employed since ~ C_( ~] 4. Employer. J~:::;1-[ ~'_'~_ C_At...I~~' Job title CI~I !.1_~ ~1~,, 5. How long have you resided in Ukiah? ~' years; Mendocino Oounty? 7_,5~C~ifornia? 6. Please list community groups or organizations you are affiliated with. Indicate office held. ! Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? 8. What is your understanding of the purpose, role and responsibility of the Traffic Engineering- Committee? . 10. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? What do you believe is the single most important traffic related issue facing our community? and why? 11. In your opinion, what other transportation issues/problems should the City expend its limited resources to resolve? 12. What kind of ideal community do you envision for Ukiah? 13. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve?. 14. Do you have any known projects or conflict of interest related'to this Committee? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482-54OO Forms:Traffic Engineering Committee Application Revised: 8/20/99 k CITY OF UKIAH APPLICATION FOR TRAFFIC ENGINEERING COMMITTEE APPOINTMENT Date I am applying for an appointment to the City of Ukiah's Traffic Engineering Committee 2. Residence Address 3. Business Address Res. Phone ~;: g --/~ ,-7~ ~._~ Bus. Phone z/'~;_ _. _ ..... . ....... / .. _ --,, ._ .,.~Employed since 5. HOW long have you resided in Ukiah? ,~ y years; Mendocino County? ,2 ~ California? 6. Please list community groups or organizations you are affiliated with. Indicate office held. Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Traffic Engineering Committee? . What is your understanding of the purpose, role and responsibility of the Traffic Engineering Committee? . 10. 11. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Traffic Engineering Committee? What do you believe is the single 'h~ost important traffic related issue facing our community? and why? in your opinion, wh~t other transportation issues/problems should the City expend its limited resources to resolve? 12. What kind of ideal community do you envision for Ukiah?' · 13. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on. which you would be willing to serve? 14. Do you have any known projects or conflict of interest related to this Committee? SUBMIT THIS APPLICATION TO: City of Ukiah, Attn: City Cler. k, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms:Traffic Engineering Committee Application Revised: 8/20/99 Steve Turner, 1/~30/04 Supplemental Questions from application for Traffic Engineering Committee 7. I want to return to the Traffic Engineering Committee because the quality of traffic circulation has a significant impact on the quality of life of the City. Traffic consists of people traveling as pedestrians, on bicycles and in all sizes of motorized vehicles. Safe, efficient circulation promotes commerce and recreation without adding stress to the travelers or surrounding neighborhoods. I know from my 12+ years of experience on the committee that were effective at finding solutions to most of the problems presented to us. I enjoy being a part of this effective group and contributing to the maintenance of Ukiah's high quality of life. 8..The purpose of the committee is to solve traffic and circulation problems presented to it by staff and citizens. The role of the Committee is to serve as the City Traffic Engineer. The committee's responsibility is to find practical and effective solutions to safety and circulation problems. 9. I have 22 year of experience in public transportation management, 2 ¼ years of school transportation management and 12+ years as a member of the Traffic Engineering Committee. I served on the Circulation Element Committee for the City's Growth Management/General Plan. I have training in accident investigation and driver training. I have held a commercial driver's license for 27 years and been a local bicycle commuter for much of the last 14 years. I believe I approach traffic and circulation problems from a technical point of view, keeping in mind the human impacts of the problem and possible solutions and propose practical solutions that enhance both the human and vehicular aspects of the situation. 10. The continually increasing number of vehicle miles traveled on the road system of fixed capacity is the City's central problem. A major aspect of this is the limited east/west circulation. This increasing use is in conflict with the limited maintenance funding available. 11. The City should continue to develop attractive alternatives car travel. The adopted bike and pedestrian plan is a good beginning. Our community is small enough and still safe enough for walking and cycling to be viable alternatives to using cars for many trips. Both these modes are under-utilized and each additional trip that is made by one of these modes reduces auto congestion. We should aggressively promote these alternatives while continuing to enhance and maintain the infrastructure we have. 12. Quiet, peaceful, safe, economically vital and fiscally sound. All these characteristics are furthered by a balanced and well-maintained transportation system. 13. Not at this time. 14. Being a tranSportation professional, I frequently have projects that fall in the realm of interest of this committee but I do not believe I have any conflicts of interest. ATTACHME~'~J'~ ..... Original Message ..... From: Kevin Cotroneo [mailto:hywayman@jps.net] Sent: Sunday, January 18, 2004 4:43 PM To: TEC/Ben Kageyama Subject: New .lob Dearest Ben, I'm addressing this to you as the Traffic Engineering Committee Chairman and also as a friend. I have recently had the good fortune of being hired as a Deputy by the Mendocino County Sheriff's Office. I start the 20th of January. As such, it would be problematical to make the meetings, (as if it hasn't been that way lately!). I must therefore respectfully withdraw from the committee to allow a replacement who can dedicate the necessary time and better serve the community. I have very much enjoyed the lively input and discussion I've experienced with the committee members and I will miss that. Please pass that along to them for me. In closing, I would be happy to assist the committee in the future in any way that I can. Keep up the good work! All my best wishes, Kevin Cotroneo. ,JAN 2 0 2004 CITY OF UKIAH CiTY CLERK'S DEPARTMENT