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HomeMy WebLinkAbout2003-05-21 PacketI1RY-21-2003 NED 01:55 PI1 FIRST RtIERICRN TITLE FRX NO. 7074620947 P, 04/05 A,P.N.: 002-311-2,4 Subordination Agreement - conUnued File No,: 230&-9~Sg31 (AP) Date: May 2]., 2003 (ALL S~GNATURES MUST BE ACKNOWLEOGED) 17'I$ R~C~M~Ok-O T/qA E I~RIOR TO THE ~XEcu'rlON OF TI~$ SU~OI~INA TION A~ 774~ PART'[~ CONSULT 14q7'H TH~E~R AT'7'ORN~eY$ (CLTA SUBOP-.O~NAT~ON FORM "A") OWNER: Richard A. Brown Wanda S. Brown STATE OF } COUNTY OF } On , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persort(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciW(ies) and that his/her/their signature(s) on the instrument the person(s) or Ge entity upon behalf of which the person(s) acted, executed the instrument. WTI~IESS my hand and official seal. area for ot~ial nota~at Signature Hy Commission ~pires: Page 3 of 4 URGENCY ITEM AGENDA SUMMARY REPORT ITEM NO. //,.j2 DATE: May 21, 2~33 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH CIRCA: HISTORIC PROPERTY DEVELOPMENT, FOR ADDITIONAL WORK ON THE NCRA DEPOT REHABILITATION PROJECT IN THE AMOUNT OF NOT TO EXCEED $7,000 The following information was not available at the time the Council Agenda was finalized. Due to the importance of moving forward on the Depot Rehabilitation project, it is requested that Council consider this tonight as an "Urgency Item." North Coast Railroad Authority (NCRA) is authorized to receive $150,000 in TEA-21 federal funding to rehabilitate the historic depot building on Perkins Street. NCRA is providing additional (match) funding to the City of Ukiah to support the engineering and construction administration tasks. One requirement of this federal funding program is that a Negative Archeological Survey Report (ASR), which is similar to a Mitigated Negative Declaration, shall be prepared and submitted for review by State Office of Historical Preservation (SHPO). An application submitted for a Negative ASR, on behalf of NCRA and the City of Ukiah, was rejected as incomplete. The City's consultant Sheila Garavaglia, of CIRCA: Historic Property Development, worked with SHPO to determine exactly what information is required for the review. It was noted that there were many projects being rejected for the same reason. In response to that revelation, a memo dated May 16, 2003 was issued from the Chief of the Cultural and Community Studies Office of Caltrans to provide further clarity of the issues for the benefit of all project applicants. The consultant's proposal for the additional services is attached. Staff has reviewed the proposal for reasonableness and has discussed it at length with Ms. Garavaglia. It is felt that due to the level of detail required by SHPO, staff will be able to utilize the consultant's end product (the report) as the technical requirements of a Request for Proposals (RFP) for the rehabilitation construction work. Ms. Garavaglia feels confident that given the notice to proceed, the additional research and documentation can be completed within one month. Caltrans staff has also assured her that they will accept our amended information in electronic form (with hard copies to follow) in order to expedite the review process. The consultant will be compensated for this work from Account 250.9900.250.001, which has $155,000 budgeted for FY 02-03, and approximately $4,400 spent to date. RECOMMENDED ACTION: Authorize City Manager to execute an amendment to the contract with CIRCA: Historic Property Development, to perform additional work on the NCRA Depot Rehabilitation Project in an amount not to exceed $7,000. ALTERNATIVE COUNCIL POLICY OPTION: Choose not to approve the contract amendment and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: APPROVED BY: N/A Diana Steele, Public Works Director Diana Steele, Public Works Director Candace Horsley, City Manager 1) Consultant Proposal 2) FY 2002-2003 Budget Sheet Can ace Horsley, City M~ager z CIRCA: Historic Property Development One SmterStreet. Suitegl0 S~E'rancisooC.alifornia94104 415362 771I pla .4.15391 SCOPE OF SERVICES Addendum to ~'he Architectural. History Survey and Report; The Addendum. to the Architectural History Survey will provide derailed description of . rehabilitatior~ activities as ouflirmd in the .Transportation Enhancement Activities grhnt ("roofing, paintihg, electrical, plumbing, flooriag, windows, and all necessary repairs fo the structure6)i.that are consistent' with the Secretary of the Interior Standards f6r ' Rehabilitation .and the State H}storic Building code. The report MI1 also. re¢ommen~ . code. up.grades-b~, e~ on the proposed offi6e use for the North Coast Raikoa~t Authority.' The repori will: include th, following,' '-- - Field visit · - Existing conditions survey ' · - D.e~lop detailed descriptions of repair and rehabilitation per SHI~.' s - rcqu'.ur;ments ' - Simple .ttiagram to identify elevation where repair and rehabilitation will occur' - Review of proposed rehabili.'tation tasks for.consistency with the Secretary of thb Interior'. s Standards for Rehabilitation ' - ~ndings and i2onclusionsflml~ct Evaluation Auache. d. Ma~, and Condition Sur~ey form~ and pho[ographs Stmctural.cval.uations are not included in this pro~sal. .. ~ , ' . . . The following billing rates reflect.the ,~cific..task billing ram. Individual t~sks are bfll~ according to ti3. bse'rates. · o Circa: Historic Property Development' Project Manager'/Preservationi~u (SISR review) Technical: Clerical: '. · · · : Garavag~a Architecture Pr/nc/lmi time: (consulting, public meetings etc.). Preservafi.~n Architect: (code re. search etc.)'. Junior Drafter:'(assistance with .dry'g, ~ assembly ere,) · $110.00 pex. hour. 75.00 per hour'i 45.00 per hourl' $125.00 per hoar. ' $ 90.00 per houc $ 50'.00 per.hou¢. 'Estimated Cost. No't to Exceed $.7,000. .· I there are any questions pleadm fe~l free to ~atI. . . Sincerely, ~ " Facilitating the ~;italization and i:l.e~elopmmit of.hi.s.toric properties and commerdal districts -. · .. RECEIVED : 2003 CiTY OF UKIAH DEPT. OF PUBLIC WORKS ITEM NO. DATE' May 21,2003 SUBJECT: URGENCY ITEM AGENDA SUMMARY REPORT ADOPTION OF RESOLUTION AUTHORIZING SUBORDINATION AGREEMEN I FOR RICHARD AND WANDA BROWN, 12 OLGA PLACE This matter is presented as an urgency item since it was brought to our attention after tho agenda was completed on May 16, and waiting until the next Agency meeting (scheduled for June 18) would negatively impact the ability to proceed with the refinancing proposal. In December 1995 the City entered into an agreement to loan Richard and Wanda Brown $20,000 as a "silent second" for construction of a "self-help" Iow and moderate income single family residence in the Olga Place subdivision. This project was sponsored by Rural Communities Housing Development Corporation and the Redevelopment loan assisted in allowing the Browns to participate in the program. This loan is in a "second" position to the current mortgage held by the United States Department of Agriculture. The Browns are wishing to refinance the property and have requested the Agency's loan remain in a second position to the new first mortgage holder. The Agency must sign a "Subordination Agreement" to implement this request. The value of both the new first mortgage and the Agency loan will not exceed 80% of the estimated property value. After review of the mortgage application and discussion of the financial situation with the lender, staff believes this action is consistent with the Agency's commitment toward Iow and moderate-income housing and the City's general plan housing element. Though this situation has not previously occurred before the Agency, the City has, on several occasions, subordinated housing loans, to maintain affordable living conditions. Staff recommends adoption of the resolution. RECOMMENDED ACTION: Adopt Resolution Approving Subordination Agreement For Richard And Wanda Brown, 12 Olga Place, Mendocino County Assessor's Parcel Number 002-311-24. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine alterations to the agreement are necessary, identify those changes, and adopt the resolution with the modifications stated. 2. Determine Subordination Agreement is not desired and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A Richard and Wanda Brown Michael F. Harris, Deputy Redevelopment Director Candace Horsley, Executive Director Resolution for adoption, pages 1-5. APPROVED: Candace I~c;rsle~, Cit~Manager mfh:asrura03 0521 BROWN URA RESOLUTION NO. 2003- RESOLUTION OF THE UKIAH REDEVELOPMENT AGENCY APPROVING SUBORDINATION AGREEMENT FOR RICHARD AND WANDA BROWN, 12 OLGA PLACE, UKIAH WHEREAS, on December 8, 1995 the Ukiah Redevelopment Agency agreed to loan Richard and Wanda Brown $20,000 for construction of their residence at 12 Olga Place, Ukiah, CA; and WHEREAS, said loan was completed under the Ukiah Redevelopment Agency's 20% Iow and moderate income housing setaside program; and WHEREAS, Richard and Wanda Brown are refinancing the subject property, have requested the Agency's loan remain in the second position, the total loan to value ratio after the refinancing will be less than 80%, and such action is consistent with the Redevelopment Agency's Iow and moderate income housing setaside program; and WHEREAS, the Ukiah Redevelopment Agency desires to continue meeting the goals and objectives of the City of Ukiah's General Plan Housing Element by assisting Iow and moderate income housing. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Ukiah Redevelopment Agency does hereby approve the Subordination Agreement to Richard and Wanda Brown, for property at 12 Olga Place, Ukiah, CA (Mendocino County Assessor Parcel Number 002-311-24), Exhibit A to this resolution, and authorizes the City Manger to execute same agreement. PASSED AND ADOPTED this 21st day of May 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Chairman Shannon Riley, Secretary Resolution No. 2003-Brown Page I of 1 RECORD]:NG REQUESTED BY First American Title Company AND WHEN RECORDED MAZL TO: Ukiah Redevelopment Agency At-tn: Mike Harris 300 Seminsary Ave. Ukiah, CA 95482 A.P.N.: 002-311-24 SUBORDINATION AGREEMENT File No.: 2306-968931 (AP) (EX]:STZNG TO NEW) NOTZCE: THI'S SUBORDTNATZON AGREEMENT RESULTS ZN YOUR SECUR.1TY TNTEREST TN THE PROPERTY BECOMZNG SUB3ECT TO AND OF LOWER PRZOR.TrY THAN THE I.ZEN OF SOME OTHER OR LATER SECURZTY TNSTRUMENT. THIS AGREEMENT, made this Twentieth day of May~ 2003, by Richard A. Brown and Wanda S. Brown, husband and wife Owner of the land hereinafter described and hereinafter referred to as "Owner", and Ukiah Redevelopment Agency, a public body, corporate and poliUc present Owner and Holder of the Deed of Trust and Note first hereinafter described and hereinafter referred to as "Beneficiary"; WTFNESSETH THAT WHEREAS, Owner has 'executed a Deed of Trust dated December 8, 1995 to Redwood Empire Title Company of Mendocino County, a California corporation, as Trustee, covering: Lot 5, as numbered and designated upon that certain Final Map of "Cleveland Subdivision", MS #94- 07, filed for record 3uly 14, 1995, in Map Case 2, Drawer 61, Pages 44, 45 and 46, Mendocino County Records. to secure a Note in the sum of $20,000.00, dated December 8, 1995, in favor of Ukiah Redevelopment Agency, a public body, corporate and politic, which Deed of Trust was recorded December 15, 1995 in Book 2296, Page 627, or Tnstrument No. n/a, of said County; and WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of $133,O00,O0, dated , in favor of , hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and Page 1 of 4 A.P.N.: 002-311-24 Subordination Agreement - continued File No.' 2306-968931 (AP) Date: May 20, 2003 WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (2) (3) That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. That Lender would not make its loan above described without this subordination agreement. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deed of Trust or to another Mortgage or Mortgages. Beneficiary declares, agrees and acknowledges that (a) (b) (c) (d) He consents to and approves (i) all provisions of the Note and Deed of Trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this wavier, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and An endorsement has been placed upon the Note secured by Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN THE IMPROVEMENT OF THE LAND. Pacle 2 of 4 A.P.N.: 002-311-24 Subordination Agreement - continued File No.: 2306-968931 (AP) Date: May 20~ 2003 BENEFICIARY: Ukiah Redevelopment Agency By: Authorized Signor STATE OF )SS COUNTY ) OF On , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W~i'NESS my hand and official seal. This area for official notarial sea/ Signature My Commission Expires: ATTENTION CUSTOMERS: PLEASE SIGN THIS DOCUMENT BEFORE A NOTARY PUBLIC. SIGN YOUR NAME EXACTLY AS IT IS TYPEWRITTEN ON THIS DOCUMENTi Note to Notary: Please place seal in an open area of doc- ument and not over any Printed matter. Seal must be well inked and legible. Notary's Phone Notary Expiration Date: Page 4 of 4 Ukiah Redevelopment Agency Re: A.P. #002-224-16 Dear Commissioners, I urge you to give favorable consideration to Mr. Ruff's latest offer of $25,000.00, which is nearly $35.00 per square foot. In 1996 the Agency agreed to sell the same parcel to me for $8,580.00, or $12.00 per square foot. Who among you wishes to make the argument that land values have tripled in the last seven years? The argument that a smaller parcel merits a/~igher price per square foot is not consistent with past Agency practice. Pr~6r to sale of the subject parcel to me, the Agency was poised to sell the entire foyer Medico property (3,965 square feet) for $48,571.00, or about $12.25 per squar~Ffoot, as per the Agenda Summary Report of February 21, 1996. Thus, the Agenc~Factually agreed to sell the Smaller parcel for a slightly lower price per square f~t than it was willing to sell the larger parcel for. / Everyone agrees that the most ~rrent appraisal is seriously flawed. I would suggest that it is so flawed that it/hould be disregarded. The appraisal can't be cured by merely selecting another nu~er as long as it is less than the flawed appraisal. T~e new value has to be justited based on comparable sales. Finally, Mr. Ruff is w~ling to resolve the Gordian knot of Redevelopment - the infamous common wall./MrlIRu~f]ad nothing to do with creating this problem. In fact, the problem was notlve.n~d~osed ~o Mr._R~ff in a timely manner, possibly not until following the Dece~er 18,2002 meeting. Only following the February 19.2003 meeting was Mr. Ruff giv~,t.o u.~h.e, ext~n~ o{ the problem. His response was to agree to demolish th~/e~histi~g~co.mmo] wal~ ~Idesign and construct a new common wall built to accept the/~orizontal load of my building. This goes considerably beyond any previous proposal to, dress the issue of the common wall. Mr. Ruff seems-highly motivated to proceed with this transaction, and may even be willing to meet the exorbitant (given all of the circumstances and expenses - i.e. the common wall) price demands of the Agency. But even if Mr. Ruff chooses to meet your price, I believe you have a moral obligation to justify it based on whether or not it is equitable. The true price that Mr. Ruff is paying is his purchase price plus the estimated cost of $23,000.00 for his expenSe to address the common wall issue. It is simply not equitable for Mr. Ruff to bear this expense and pay more than triple the price agreed to by the Agency only seven years ago. Mr. Ruff, by his willingness to resolve the common wall issue, has also spared the City considerable exposure for legal fees, regardless of the outcome of any potencial litigation. Absent the common wall issue and the potencial legal exposure, I believe Mr. Ruff's offer represents fair value. Given these complicating factors, his offer represents a windfall for the Agency. The value of this transaction is not only in what the Agency gets, but also in what it does not have to give. Please recognize that Mr. Ruff is resolving an issue that has plagued the Agency for years. The common wall has been an issue before the Agency since 1989. The lot has sat vacant since 1990, the last nine years under Agency ownership. Without Mr Ruff's participation, it is possible that this lot could have remained blighted for years to come. My intention was to develop the site this year, but that was contingent on receiving certain assurances from the Agency/City which had not previously been forthcoming. Some of those assurances are now part of this agreement, but I am not certain they could have been achieved without Mr. Ruff's participation. I urge you to accept his very reasonable offer. ~~" ~'~'IV -~- ~ Ukiah City Council workshop to set direction for community survey May 21, 2003 lead by Gig Hitao, Director of Data Trends GOAL - democracy - use population's experience and knowledge to set or modify_ policy~ Experience versus opinions - The results will be more valuable to you if we focus on experiences. Problems versus vision, or both - question method can be "closed" or "open ended" to either measures awareness and topical concern, or targeted-by issue to get respondents to focus on what council wants to know. Both techniques can be use. Definition of scope of "community" - residents, voters, property owners, business owners, workers in the city, etc. Also, within city boundaries or including surrounding area. Note: population 15,500 in city, 40,000 city and surrounding area City government Government issues that will have to be addressed within the next year (examples: public works projects, transportation needs, regulations affecting businesses, budget cuts.) City services evaluation airport business liaison program city clerk city manager's office community service conference center fire dept Main Street Program parks planning and building police dept public works redevelopment and economic development swimming pool utilities Nongovernment city issues · Issues that the city council may have to address or issues facing the region that concern Ukiah residents that may be beyond city council authority. This would include county, state, federal, or other regional authorities, private associations or organizations. (examples: transportation by CalTrans, the construction of gaming casinos in Mendocino County, or tourism throughout the region.) For the city, the concern might be what position the city council or city departments should take - to support, oppose or completely disassociate from these issues, and whether or not policies and programs should be created to respond to these needs. crime prevention K-12 schools Mendocino College bicycle lanes Farmer's Market Chamber of Commerce commercial lease space home ownership apartment & house rentals visitor lodging golf county fair auto racing entertainment and night life Regional concerns tourism work commute to and from Ukiah farming manufacturing entrepreneurial enterprises e-commerce environment (air and water quality, pollution, recycling, loss of habitat from development) Larger political issues county programs or policies state programs or policies federal programs or policies international concerns Summer Club 2003 Presented by the Boys & Girls Club of Ukiah In cooperation with the Ukiah Unified School District week program operating from June 23 to August 22, 2003 for a single fee of $300. Open from 7:45 a.m. until 1:45 p.m. Monday to Friday (closed July 4) For an additional $180, continuing afternoon care is available until 5:45 p.m. All participants must be BGCU members. The $30 annual membership includes free participation the after-school program and accident insurance protection. BGCU is working to generate a pool of $300 Summer Scholarships by grant application, individual donations and support from community organizations to be made available to disadvantaged community children as determined by their school lunch status or other equivalent documentation. Because the program is designed to provide coherent summer-long activities, drop-in and shorter enrollments are not available. Absence for family vacations ARE expected and encouraged. The Oak Manor, Redwood School, Yokayo and Frank Zeek campuses will be used to keep kids as close to home as possible. BGCU will be allowed to use multi-purpose rooms, fields and playgrounds and other space sufficient to conduct programming for the enrolled children. v' Participation of 300 to 600 kids in first to seventh grades is anticipated. The UUSD food service department anticipates being able to provide lunches ," Designated Site Directors on each campus will be directly responsible to UUSD for facilities use and maintenance issues. v' Paid staff ratio of at least 20:1 will be maintained at all sites. UUSD staff will be given preference for employment. Conditions of employment, including compensation, supervision and work rules will be solely between BGCU and the individual staff member. 5/21/2003 Page 1 of 1 Summer Club 2003 ITEM NO. DATE: May 21,2003 URGENCY ITEM AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING SUBORDINATION AGREEMENT FOR RICHARD AND WANDA BROWN, 12 OLGA PLACE This matter is presented as an urgency item since it was brought to our attention after the agenda was completed on May 16, and waiting until the next Agency meeting (scheduled for June 18) would negatively impact the ability to proceed with the refinancing proposal. In December 1995 the City entered into an agreement to loan Richard and Wanda Brown $20,000 as a "silent second" for construction of a "self-help" Iow and moderate income single family residence in the Olga Place subdivision. This project was sponsored by Rural Communities Housing Development Corporation and the Redevelopment loan assisted in allowing the Browns to participate in the program. This loan is in a "second" position to the current mortgage held by the United States Department of Agriculture. The Browns are wishing to refinance the property and have requested the Agency's loan remain in a second position to the new first mortgage holder. The Agency must sign a "Subordination Agreement" to implement this request. The value of both the new first mortgage and the Agency loan will not exceed 80% of the estimated property value. After review of the mortgage application and discussion of the financial situation with the lender, staff believes this action is consistent with the Agency's commitment toward Iow and moderate-income housing and the City's general plan housing element. Though this situation has not previously occurred before the Agency, the City has, on several occasions, subordinated housing loans, to maintain affordable living conditions. Staff recommends adoption of the resolution. RECOMMENDED ACTION: Adopt Resolution Approving Subordination Agreement For Richard And Wanda Brown, 12 Olga Place, Mendocino County Assessor's Parcel Number 002-311-24. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine alterations to the agreement are necessary, identify those changes, and adopt the resolution with the modifications stated. 2. Determine Subordination Agreement is not desired and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A Richard and Wanda Brown _ , ,, "?.%, Michael F. Harris, Deputy Redevelopment Director Candace Horsley, Executive Director Resolution for adoption, pages 1-5. 052mfh:asruraO31BROWN Candac~ H6rsley, C i{~j~ Manager URA RESOLUTION NO. 2003- i~-~>,c.~.k.~.~o ~' RESOLUTION OF THE UKIAH REDEVELOPMENT AGENCY APPROVING SUBORDINATION AGREEMENT FOR RICHARD AND WANDA BROWN, 12 OLGA PLACE, UKIAH WHEREAS, on December 8, 1995 the Ukiah Redevelopment Agency agreed to loan Richard and Wanda Brown $20,000 for construction of their residence at 12 Olga Place, Ukiah, CA; and WHEREAS, said loan was completed under the Ukiah Redevelopment Agency's 20% Iow and moderate income housing setaside program; and WHEREAS, Richard and Wanda Brown are refinancing the subject property, have requested the Agency's loan remain in the second position, the total loan to value ratio after the refinancing will be less than 80%, and such action is consistent with the Redevelopment Agency's Iow and moderate income housing setaside program; and WHEREAS, the Ukiah Redevelopment Agency desires to continue meeting the goals and objectives of the City of Ukiah's General Plan Housing Element by assisting Iow and moderate income housing. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Ukiah Redevelopment Agency does hereby approve the Subordination Agreement to Richard and Wanda Brown, for property at 12 Olga Place, Ukiah, CA (Mendocino County Assessor Parcel Number 002-311-24), Exhibit A to this resolution, and authorizes the City Manger to execute same agreement. PASSED AND ADOPTED this 21st day of May 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Chairman Shannon Riley, Secretary Resolution No. 2003-Brown Page 1 of 1 RECORDZNG REQUESTED BY First American Title Company AND WHEN RECORDED MATL TO: Ukiah Redevelopment Agency AEn: Hike Harris 300 Seminsary Ave. Ukiah, CA 95482 A.P.N.: 002-311-24 SUBORDTNATZON AGREEMENT File No.: 2306-968931(AP) (EX/ST'LNG TO NEW) No'rzCE: THTS SUBORDTNATZON AGREEMENT RESULTS TN YOUR SECURZTY TNTEREST TN THE PROPERTY BECOMTNG SUB3ECT TO AND OF LOWER PR.I:ORZTY THAN THE I. ZEN OF SOME OTHER OR LATER SECURTTY TNSTRUMENT. THIS AGREEMENT, made this Twentieth day of May, 2003, by Richard A. Brown and Wanda S. Brown, husband and wife Owner of the land hereinafter described and hereinafter referred to as "Owner", and Ukiah Redevelopment Agency, a public body, corporate and politic present Owner and Holder of the Deed of Trust and Note first hereinafter described and hereinafter referred to as "Beneficiary"; W:[TNESSETH THAT WHEREAS, Owner has 'executed a Deed of Trust dated December 8, 1995 to Redwood Empire Title Company of Mendocino County, a California corporation, as Trustee, covering: Lot 5, as numbered and designated upon that certain Final Map of "Cleveland Subdivision", MS #94- 07, filed for record 3uly 14, 1995, in Map Case 2, Drawer 61, Pages 44, 45 and 46, Mendocino County Records. to secure a Note in the sum of $20,000.00, dated December 8, 1995, in favor of Ukiah Redevelopment Agency, a public body, corporate and politic, which Deed of Trust was recorded December 15, 1995 in Book 2296, Page 627, or Instrument No. n/a, of said County; and WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of $133,000.00, dated , in favor of , hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and Page 1 of 4 .- ~ .... A.P.N.: 002-311-24 Subordination Agreement - continued File No.: 2306-968931 (AP) Date: May 20~ 2003 WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (2) (3) That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. That Lender would not make its loan above described without this subordination agreement. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deed of Trust or to another Mortgage or Mortgages. Beneficiary declares, agrees and acknowledges that (a) (b) (c) (d) He consents to and approves (i) all provisions of the Note and Deed of Trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this wavier, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and An endorsement has been placed upon the Note secured by Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN THE IMPROVEMENT OF THE LAND. Page 2 of 4 A.P.N.: 002-311-24 Subordination Agreement - continued File No.: 2306-968931 (AP) Date: May 20, 2003 BENEFICIARY: Ukiah Redevelopment Agency By: Authorized Signor STATE OF )SS COUNTY ) OF On , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledcjed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W1TNESS my hand and official seal. This area for omc/a/ notarial sea/ Signature My Commission Expires: ATTENTION CUSTOMERS: PLEASE SIGN THIS DOCUMENT BEFORE A NOTARY PUBLIC._SIGN YOUR NAME EXACTLY AS IT IS TYPEWRI~rEN ON THIS DOCUMENT. Note to Notary: Please place seal in an open area of doc- ument and not over any Printed matter. Seal must be weft inked and legible. Notary's Phone # Notary Expiration Date: Page 4 of 4 URGENCY ITEM AGENDA SUMMARY REPORT ITEM NO. DATE: May 21, 2003 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH CIRCA: HISTORIC PROPERTY DEVELOPMENT, FOR ADDITIONAL WORK ON THE NCRA DEPOT REHABILITATION PROJECT IN THE AMOUNT OF NOT TO EXCEED $7,000 The following information was not available at the time the Council Agenda was finalized. Due to the importance of moving forward on the Depot Rehabilitation project, it is requested that Council consider this tonight as an "Urgency Item." North Coast Railroad Authority (NCRA) is authorized to receive $150,000 in TEA-21 federal funding to rehabilitate the historic depot building on Perkins Street. NCRA is providing additional (match) funding to the City of Ukiah to support the engineering and construction administration tasks. One requirement of this federal funding program is that a Negative Archeological Survey Report (ASR), which is similar to a Mitigated Negative Declaration, shall be prepared and submitted for review by State Office of Historical Preservation (SHPO). An application submitted for a Negative ASR, on behalf of NCRA and the City of Ukiah, was rejected as incomplete. The City's consultant Sheila Garavaglia, of CIRCA: Historic Property Development, worked with SHPO to determine exactly what information is required for the review. It was noted that there were many projects being rejected for the same reason. In response to that revelation, a memo dated May 16, 2003 was issued from the Chief of the Cultural and Community Studies Office of Caltrans to provide further clarity of the issues for the benefit of all project applicants. The consultant's proposal for the additional services is attached. Staff has reviewed the proposal for reasonableness and has discussed it at length with Ms. Garavaglia. It is felt that due to the level of detail required by SHPO, staff will be able to utilize the consultant's end product (the report) as the technical requirements of a Request for Proposals (RFP) for the rehabilitation construction work. Ms. Garavaglia feels confident that given the notice to proceed, the additional research and documentation can be completed within one month. Caltrans staff has also assured her that they will accept our amended information in electronic form (with hard copies to follow) in order to expedite the review process. The consultant will be compensated for this work from Account 250.9900.250.001, which has $155,000 budgeted for FY 02-03, and approximately $4,400 spent to date. RECOMMENDED ACTION' Authorize City Manager to execute an amendment to the contract with CIRCA: Historic Property Development, to perform additional work on the NCRA Depot Rehabilitation Project in an amount not to exceed $7,000. ALTERNATIVE COUNCIL POLICY OPTION: Choose not to approve the contract amendment and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: APPROVED BY: N/A Diana Steele, Public Works Director Diana Steele, Public Works Director Candace Horsley, City Manager 1) Consultant Proposal 2) FY 2002-2003 Budget Sheet ~n(3ace Horsley, City M~,~ager CIRCA: Historic Property Development OneSuuerStre~t. Suitegl0 S~rn-anciseoCalifomia. 94104 4153627711 ph .415391 964.7fX SCOPE OF SERVICES Addendum to ~'he Architectural. History Survey and Report: The Addend.urn. to the .,Lrchitectural History Survey will provide derailed description of . rehabilitation act/vit~es as outlined in the .Transportation F_nhancemcnt Activities gr~t - ("roofing, pai.ntihg: electrical, plumbing, flooring, windows, and all necessary repairs to the structure")i.that are consistent with the Secretary of the Interior Standards fbr ' Rehabilitation .and the State Historic Building code. The report will also. recommen~l . code-upgrafles'b~, ed on the proposed office use for the Ncxth Coast Raikoa~t Authority. ': The repori: will· include thc following;-,' - Field visit - Ex. isti~,g couciit]ons survey - D. ev~lop detailed descriptions of repair and rehabilitation per SH~: s requirements - Simple .i:liagram to iden. tify elevatioa where repair and xehabHimtion will recur. - Review of proposed rehabih'tation, tasks for.consistency with the Secretary of thb In~efiof. s Standards for Rehabilitation - Hndings and i3onelusions/I, ml~et Evaluation - AUached Maps, and Condition Sur,Yey formg and photographs · . Structural.evaluations are not included in this proposal. i~dlllllg.~ . · The following billing rates reflect.the specific.task billing rote. Individual t~sk~ 0xe bill~l according to thC.se' rat~. · . · Circa; Historic Property Deve!opment. P~oject Manager'/Presetvationist: (SlSR review) Technical; Clerical: "· .* Gara~ragH~ Arelilteeture Principal time: (.consulting, public meetings etc.). Preservati. bn Architecu (cede researck, etc.)' - Junior Draft"er. '(assista~.ce with .dr~fting, report assembty etc,) $110.00 per. hour. 75.00 per hour'i, 45.00 per hour: · $125.00 per hear. $ 90.00 per hour $ ~0'.00 ~r.hour.~. Estimated Cbst N~t t° Exceed $.7,000. ,. I there are auy ques.tions plea~ f~l free to ~atI. · RECEIVED : Sincerely, ~ .. Michael O · . CiTY OF UKIAH · · DEPT. OF PUBLIC WORKS F~ilitating the ~;italization and ~l.e~etopm~it of.hi.s.tofie'properties and commercial distri, e. ts ,. · · :. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 21,2003 4:00 p.m. ** INTERVIEWS WITH APPLICANTS FOR APPOINTMENT TO PATHS, OPEN SPACE, AND CREEKS COMMISSION 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Presentation By American Red Cross b. Presentation By Boys and Girls Club President 4, INTRODUCTIONS a. Introduction of New Employee - Maya Azzarro. Event Coordinator b. Introduction of New Employee - Bill Ballagh, Code Compliance Coordinator 5. APPROVAL OF MINUTES a. Regular Meeting of May 7, 2003 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's Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of April 2003 b. Adoption of Resolution Approving Line of Credit For Mendocino Emergency Services Authority c. Authorization For City Manager to Execute a Professional Services Agreement Between the City of Ukiah and Consultant Rick H. Kennedy in an Amount "Not To Exceed" $50,000 Without Approval of City Manager d. Approval of Agreement To Stay Filing Of Litigation With River Watch e. Report To The City Council Regarding Acquisition of Services From City of Light Sound and Recording For Sound Management of the 2003 Sundays in the Park Concert Series in the Amount of $6,000 al 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. 1 UNFINISHED BUSINESS a. Discussion and Appointment of Committee Members to the Council's Bilingual Committee b. Discussion of the Issues and Questions To Be Included In The Community Survey c. Selection of Potential Ballot Measures and Election Date Preference 10. NEW BUSINESS a. Adoption of Resolution Making Appointments to the Paths, Open Space, and Creeks Commission b. Status Report Concerning Code Compliance Program c. Discussion and Approval of Commitment to Funding For First Year of Coyote Dam Raising Project Feasibility Study d. Setting Date and Time for Consideration of Fiscal Year 2003-2004 Budget Accomplishments and Objectives e. Consideration and Approval of Letter to Assembly Member Laird Regarding Assembly Bill 1300- Councilmember Rodin f. Adoption of Resolution Supporting Grant Application For the Oak Manor Park Multi-Purpose Trail 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 170-050-13 Owner: City of Ukiah Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions b. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 002-281-02, 03, and 04 Owner: Fullerton 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. APPLICANT INTERVIEW TIME SCHEDULE FOR PATHS,OPEN SPACE, AND CREEKS COMMISSION DRAFT MAY 21, 2003 4:05-4:15 William Randolph 760 Sidnie Court, Ukiah 4:15-4:25 William Smith 275 Mendocino Place, Ukiah 4:25-4:35 James (Jamie) Connerton 906 North Oak Street, Ukiah BREAK 4:40-4:50 4:50-5:00 Suzanne Pletcher 3601 Orr Springs Road, Ukiah BREAK 5:05-5:15 5:15-5:25 BREAK 5:30-5:40 Mary Misseldine 536 North School Street, Ukiah 5:40-5:50 BREAK 5:55-6:05 David Taxis 1740 Carrington Lane, Ukiah 6:05-6:15 Igor Zbitnoff 502 North Pine Street, Ukiah ???? Fred Koeppel Commsn: Applica~tion Interview Time Sched~Jlp. al 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. 1 UNFINISHED BUSINESS a. Discussion and Appointment of Committee Members to the Council's Bilingual Committee b. Discussion of the Issues and Questions To Be Included In The Community Survey c. Selection of Potential Ballot Measures and Election Date Preference 10. NEW BUSINESS a. Adoption of Resolution Making Appointments to the Paths, Open Space, and Creeks Commission b. Status Report Concerning Code Compliance Program c. Discussion and Approval of Commitment to Funding For First Year of Coyote Dam Raising Project Feasibility Study d. Setting Date and Time for Consideration of Fiscal Year 2003-2004 Budget Accomplishments and Objectives e. Consideration and Approval of Letter to Assembly Member Laird Regarding Assembly Bill 1300- Councilmember Rodin f. Adoption of Resolution Supporting Grant Application For the Oak Manor Park Multi-Purpose Trail 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 170-050-13 Owner: City of Ukiah Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions b. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 002-281-02, 03, and 04 Owner: Fullerton 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. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 21, 2003 4:00 p.m. ** INTERVIEWS WITH APPLICANTS FOR APPOINTMENT TO PATHS, OPEN SPACE, ANE CREEKS COMMISSION 1. ROLL CALL 2. PLEDGE OFALLEGIANCI~ 3. PRESENTATIONS a. Presentation By American Red Cross b. Presentation By Boys and Girls Club President 1 INTRODUCTIONS a. Introduction of New Employee - Maya Azzarro. Event Coordinator b. Introduction of New Employee - Bill Ballagh, Code Compliance Coordinator 5. APPROVAL OF MINUTES 1 ! a. Regular Meeting of May 7, 2003 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City's Boards and Agencies may be judicially challenged. C, d. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of April 2003 b. Adoption of Resolution Approving Line of Credit For Mendocino Emergency Services Authority Authorization For City Manager to Execute a Professional Services Agreement Between the City of Ukiah and Consultant Rick H. Kennedy in an Amount "Not To Exceed" $50,000 Without Approval of City Manager Approval of Agreement To Stay Filing Of Litigation With River Watch Report To The City Council Regarding Acquisition of Services From City of Light Sound and Recording For Sound Management of the 2003 Sundays in the Park Concert Series in the Amount of $6,000 85/14/2883 !2:44 7874624739 MA¥-Ui-V.~ iCl;l) 1¢-,.~ rn ~ ~ v~ '~,", BnRR.I_N.~.T,OH PAGE 82 CITY OF UKIAH APPUCATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMMISSION I am applying lot an appointment to tMe C,~ of Ukiah's Patios, Open Space, ~d Creeks Commission 1. Name g v ~ '~ ~ 2. Residence Address _uc ~,O . Wi '~'c'_~?S~ ~~s, 3, Business Add re~ ~ O ~. ~~ %~- ~s, Phone. 4. Emp~yer ~. ~r~, ~~ , ..Job~e_~-.~, 5. How. long have you resided in Ukiah? _~;~ years; Mendocino Coun~?~ 6, P~ease list csm~uni~ groups or orgamz~ons you me ~ilated ~th. lndl~te offi~ held? ~.~k..t~, ~_ C~,,.~ ~. - Pl~se anawer the following que~flon~ on leparate ~h~ of ~r and a~ch. 7 ~V am you appMna ~ ~e ~n t~ Ci~ 01 U~ s Pa~s, O~n Space, end cree~ c~m~sslon? 8, ~at is y'our u' nde%s~ing of the pu~se, r,~ and re~s!blltty of 9. How do ~el. eve you~ ~tl... ex.rich?..x~e~e~nd ~ of the Pa~s. O~en Spa~. and Creeks comm~saon%'4 11. ~at kind of ~l c~un~y do you ~v~ ~or,Uk~? . _ 12. Do ~ have any Mown proJe~ 0¢ ~flid of i~em~ mlat~ PleaSe rdturn thi~ ap~i~Uon and a~chment~ ~ the C~ CI~ by ~~n ~ 15, ~3. you ~ your Inter~t in =e~ng t~ Ci~ ef U~an. Odte ..... City of Uklah, ~ Seminary Avenue, Ukiah, CA 9S4a2~4M Phone: 463-6217 Forms: Pam~, Op~ Space. ~nd Creeks Oomission Applloadcn Revisud: 4/22/0~3 Fax: 483,6204 05/14/2003 12:44 7074624739 BARRINGTON PAGE 03 7074857820 CLARK CONSTRUCTION 792 P02 MAY 15 '03 11:11 CITY OF UKIAH APPLICATION FOR PATHS, OPEN ~PACE, AND CREEKS CITY OF UKIAH CITY CLERK'S DEi:~tRTMENT I am ¢.lpplyin.r..j for an appointment to the City of LJkiah"s Path_~s, Open Spa~e, ar~ ~~)n 1. 2, Resider,ce Address~.~Z.~~.~~,/ ..... Fles, Phone'":.~:Z~¢.~. ....... ..-~- ....... 5. How long hr~ve you resided in Uki~h? .... ~ .....years; Mendooino County?~ Californla?~ 6. _ Please tisLgommur~y group~ or orgar'~lzatlons you are affiliated with._ Indicate office held? _ .......... .......... .... ...... : .......... Please answer the followlng questions on ~parate eh~et~ of paper ~nd ~ttach, 7. Why are you applyln9 to serve on the City of Uklah's Paros, Open Space, and Creeka Commission? 8, What is your unde~'st, undlng of the purpose, role and responslblllty of the Paths, Open Space, and C~'reek~ C¢)r~mi.~ion? t How do you believe your own skills, experience, expertise ~nd perspectives will be beneficial to thP, work of the P&ths, Open Space, and Creeks Commission? j '10, I¢ your opinion, what typo of prograrns or development should the Clty encourage? 11. Wt~at kind of ideal community do you envision for Ukiah? 12, Do you nay? any known projects or conflict of interest related to thls Commission'? Please return thlu application and attachments to the City Clerk by Noon on ..M_a_y.l..~.2003. Thank you for your interest in serving the City of Uklah. ' .................. City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482.5400 Form,~: Partly;, Open ~pac, e, and Creek:~ Commlsslon Applicctlon r'mvi:~od: Phone: 463-62'17 Fax; 463-6204 CITY OF UKIAH APPLICATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMMII [~~~ M^¥ 1 5 2OO3 CITY OF UKIAH CITY CLERK'S DEPARTMENT I am applying for an appointment to the City of Ukiah's Paths, Open Space, and Creeks Commission 2. Residence Address 3. Business Address 6.. 4. Employer j/)'1, ~ .- C?,. ~, -- Job title Res. Phone Bus. Phone Employed sin~ / ~ ~',~ 5. How. long have you resided in Ukiah? 7.?- y£, years; Mendocino County? 7-?- yF, California?. / · 6. Please, list community groups or organizations you are affiliated with. Indicate office held? Please answer the following questions on separate sheet~ of paper a~d a~ach/ ~ ' 7. Why are you applying to serve on the City of Ukiah's Paths, Open Space, and Creeks Commission? 8. What is your understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11. What kind of ideal community do you envision for Ukiah? 12. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on May 15, 2003. Thank you for your interest in serving the City of Ukiah. S~gn~atur~t'e ¢' ~~'"' ¢/'' Date / City of Ukiah, 300 seminary Avenue, Ukiah, CA 95482-5400 Phone: 463-6217 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/22/03 Fax: 463-6204 Attachment to Application for Paths, Open Space, and Creeks Commission James Connerton 7. I am applying for this Commission because as a citizen interested in the conservation, community enjoyment, and low-impact development of the city' s and valley's natural resources, I want to help develop community interest and effort in preserving and improving these resources. I'm particularly interested in including youth and schools in educational projects, familiarizing our future adult citizens with their natural environ- ments, and preparing them to help preserve and appropriately use them. 8. I understand the purpose, role, and responsibility of this commission to be to pursue-- implementation of the city General Plan as outlined in sections A. and B. of this application; to explore and develop present and potential funding mechanisms as outlined in section C; and to encourage broad community involvement in enjoying and developing our natural environments. 9. I love the natural beauty of this valley and the earth, including its agricultural aspects. I enjoy interacting with nature in a variety of ways, with the general rule of treading lightly, cleaning up after myself and encouraging other humans to do so, and educating myself and others to a variety of healthful, conservative activities and projects involving the meeting of human and natural worlds. Our challenge is to develop and maintain human enterprise with respect for the natural world that supports us. As a public school teacher and athletic coach, a member of the citizens group which has advocated for the preservation of the Orr Creek environment and city property, and a school employees' labor representative, I've developed organizational skills and contacts among a broad cross-section of the community. I believe I have good interpersonal communication skills and organizational abilities. I understand committee work, enjoy cooperative ventures, and have good general knowledge of the structure of our local government. 10. I believe in low-impact human appreciation and use of our natural resources and environments; and that development and human projects in natural settings should aim at preservation and restoration. Open space in urban and town environments, and non- intrusive human interaction with natural environments, offer people recreational and spiritual experiences that are essential to maintaining our understanding and relationship to our world, and balance in our human society. I'm particularly interested in encour- aging youth work in environmental conservation and development projects. I think we should emphasize seeking funding sources involving youth participation. DATE: APPLICATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMI~ CITY OF UKIAH L ,.~ F-' -'- -------- CITY OF UKIAH CiTY Ct.FR?,"F DF..FA~TMENT I am applying for an appointment to the City of Ukiah's Paths, Open Space, and Creeks Commission 1. Name J-~ oWlF-. 2. Residence Address 3. Business Address 4. Employer '70 ~1 5. How long have you resided in Ukiah? UF-, Res. Phone 4 b ~. - ! ~ $3 Bus. Phone ~-~ 3-! ~;_.~ Jobtitle CONT/~IC. TOI~' Employed since/?g/ ~ years; Mendocino County? ~-~ California? . Please list community groups or organizations you are affiliated with. Indicate o.ffice held? IdOR'TI.I CoRST' ~TRIOE. RS RO~MC~ CLu~ - O/R~.cTol~ ~voRTI.I coAST ,~ulLI~E.R~ Excl, l,qM~F. - t~F_.~F-.~ PRS'I' PREStDF_.NT oF /-I,q~II'RT Foe 140mC, IN~T"/ ,. It'lE, NDO¢tg0 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 Paths, Open Space, and Creeks Commission? . . What is your understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? How do you believe your own skills, experience, expertise and perspectivies will be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11. What kind of ideal community do you envision for Ukiah? 12. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on May 15, 2003. Thank you for your interest in serving the City of Ukiah. Signature Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/22/03 Phone: 463-6217 Fax: 463-6204 DATE: CITY OF UKIAH APPLICATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMM 0V I am applying for an appointment to the City of Ukiah's Paths, Open Space, and! Creeks ssion Residence ^ ress . ,.,us,ness ^ , ress hr& ~'~/~ ~' ~'- ~'~. Z/~ Job~/title 4. Employer 5. How long have you residedV in Ukiah? ~-~ Res. Phone ' ~.'~' 7'~ ,~',/1 ~ Bus. Phone 5~~/" ;,Employed since 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 attach. 7. Why are you applying to serve on the City of Ukiah's Paths, Open Space, and Creeks Commission? 8. What is your understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? 9. How do you believe your own skills, experience, expertise and perspectivestwill be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11. What kind of ideal community do you envision for Ukiah? 12. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on May 15, 2003. Thank you for your interest in serving the City of Ukiah. ~//~/~/~Sig_natd. r~ ~, v. Date~/~~~ City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/22/03 Phone: 463-6217 Fax: 463-6204 Dan Holbrook 1158 Maple Avenue Ukiah, CA 95482 Home: 707 467 9116 Work: Email: yodalou@pacbell:net ~ 707 743 1142 ext 234 Fax 707 743 2878 Application Questionnaire: 7/Why are you applying to serve on the City Of Uldah's Paths, Open Space, and Creeks Commission? After purchasing a home and settling in Ukiah four years ago, I now have a sense of the community and a deeper appreciation for the uniqueness of the area. Without a group actively focused on quality of life issues, Ukiah may become just another sprawling urban area with unplanned and uncontrolled land use. I am ready to take an active part in maintaining and improving the quality of life in Ukiah. 8/What is you understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? I perceive the commissions role as follows: · assess the current status of Ukiah's Paths, Open Space and Creeks · ensure that the existing assets are protected and maintained · i/nprove and expand current assets · .find and develop new assets · coordinate with other aspects of of the city · communicate with the citizens of Ukiah 9/How do you believe your own sldlls, experience, expertise and perspectives will be beneficial to the work of the Paths, Open Space, and Creeks Commission? As a serious hiker and backpacker since high school, I know the benefits of an environment that allows and promotes physical activity and mental health. We bought our home on Maple Street in large part because the proximity to hiking in Low Gap Park and love the ease of biking and walking throughout town. CITY OF UKIAH APPLICATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMMISSll DATE: HvrNn Jo ALI..') ! am applying for an appointment to the City of Ukiah's Paths, Open Spaoe, and Creeks Commission 1. Name I J- III1~11 2. Residence Address 3. Business Address Res. Phone Bus, Phone 4. Employer /q~-~-.~ ~ ~c.~, ~.v~---~ Job title ~.,es~-, ~-~ ~ Employed since-_~.. 5. How long have you resided in Uklah? ¢i-¢~.- years; Mendoclno County? s~,=x. California? ~"/ 6, Please list community groups or organizations you are affiliated with. Indicate office held? .... t/Kt,C~t I.,c~ sc~o..¢.-- ~..c?~,.,! -- IIII I III I I iiii I I . ., ,'~ ~ ,,~/e~, ~-' P,,e4~ ........... Please answer the following questions on Ieparats sheets of paper and attach. 7. . Why are you applying to serve on the City of Ukiah's Paths, Open Space, and Creeks Commission? What is your understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11. What kind of Ideal community do you envision for Uklah? 12. Do you have any known projects or conflict of interest related to this Commission? Please return this Ilcation and attachments to the City Clerk by Noon on May 15, 2003. Thank you for your interea~PtPin serving the City of Uklah. ' City of Uklah, 300 seminary Avenue, Uklah, CA 9.~82-5400 Phone. 463-6217 Fax: 463-6204 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/22J0~ 05/15/2003 14:29 7074630188 MAVERIOK ENTERPRISES PAGE 02 DATE: CITY OF UKIAH APPLICATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMMISSION ! am applying for an appointment to the City of Ukiah's Paths, Open Space, and Creeks Commission ___ 2. Residence Address 3. Business Address _~_~-'"~'__~'~_. 4. Employer ~?._.~,~ -- dob title ~ .,;,.~~ Employed sinc~-/,e,~,~.. _ 5. How long have you resided in Ukiah? 6. Please list community groups or organizations you are affiliated with. Indicate office held? -,~'~ ~--,~.-,,~'~.~-.a~,,~,.' ......... , Res. ~hone Bus. Phone _;~.~. 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 Paths, Open Space, and Creeks Commission? 8. What isyour understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? 9. How do you believe your qwn skills, experience, expertise and perspectives will be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11, What kind of ideal community do you envision for Ukiah? 12. Do you .have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on May 15, 2003. Thank you for your Interest in serving the City of Ukiah. ----- - - -'- Date ' ' City of Uklah, 300 Seminary Avenue, Uklah, CA 95482.5400 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/'P.2./03 Phone: 463-6217 Fax: 463-6204 ~-s/~ =-/2~9~ !4:29 7074630i88 NAVERICK ENTERPRISES PAGE 83 Application to the City oFUk.~ah for appointment to the Paths, Open Space and Creeks Commission ' . . 7) I have applied for the appointment to the Paths, Open Space and Creeks commission to ensure that I can become intimately involved in the development, acquisition and maintenance of'trailsand open space within our valley. I can see that developing a trail system.throughout our hills and to our waterways as having only a positive impact on our community. Access to hills and streams in, this manner Will increase tourism and will increase the appreciation of'. our beautiful valley by Our residents..! feel that it is my obligation to our community to devote my time to ensuring the development of what will be a great aspect of. our valley, , 8)' My understanding of'the purpose.of' the Commission is to establish a trail system accessible to people by foot or-bicycle to our surrounding Mlls and waterways. It is _ also my understanding that it as-'~he responsibility to ensure the acquisition of lands for sale in the surrounding areas as they become available and as fianding permits. 9) I believe my knowledge of the processes involved in the City's current Commissions will limit the amount of time needed for the training of others that have not served on such a commission. I believe being an avid user of current trail systems designed for mountain biking, hiking and walking will give some of the necessary insight needed by the "average" user. I .posses one of'the, most important attribute in the willingness to devote the necessary time to the committee to ensure the job is done correctly. 10) The City should continue to maintain current programs in which our areas youth are involved. 'The Summer Camp at Todd Grove Park and the City League Basketball program, are examples thai I think v~ need to continue to provide. Many of our schools are no longer able to provide sports programs to the children without the need to p~s on heavy costs. The City's ability to keep the cost of these programs at an' afford~le level for all' is imperative. The Summer Day Camps offer parents an alternative to a costly daycare provider yet offers something new and exciting to the · kids day in and day out. All in all, the City should continue to evaluate the needs of the commuuity to ensure they are met, as they should be. 1.1) The ideal community that I envision for Ukiah is one in which we can walk down the streets at night and not be concerned of walking down the '~rong" street. I also envision a clean city, fi'ce ofgraffrt/, free of abandoned or unmaintained buildings. I also envision a City that is more than just a city in' that it should be considered a community of people living together rather than an area of land defined by boundaries set by the local municipalities. 12) I am not aware of any projects that I am currently involved in that would cause any type on conflict of interest. ' Thank you for you considering my application for this appointment. Fred Koeppel 5-15-03 CITY OF UKIAH APPLICATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMMISS ~'~I ~A'f 1 4 200:]_ CITY OF UKIAH L... CITY CLERK'S DEPARTMENT I am applying for an appointment to the City of Ukiah's Paths, Open Space, and Creeks Commission 2. Residence Add ress G~c, t'J. ~Z:.l,~i <._._'~ Res. Phone 3. Business Address ~H~ ~.~r~ ~V~~Bus. Phone i~ , ~ ~ 4. Employer / - -' - I]' 5. How long have you resided in Ukiah? ~q~¢. years; Mendocino County? or organizations you are affiliated with. Indicate office held? 6. Please list com~,unity groups 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 Paths, Open Space, and Creeks Commission? 8. What is your understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? 9. How do you believe your own skills, experience, exp.ertise and perspectives will be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11. What kind of ideal community do you envision for Ukiah? 12. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on May 15, 2003. Thank you for your interest in serving the City of Ukiah. Sigr~tQre / Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/22/03 Phone: 463-6217 Fax: 463-6204 DATE: CITY OF UKIAH fi"~::;;/ ~ ~ E ~ E APPLICATION FOR APPOINTMENT !i[,~)I " ' PATHS, OPEN SPACE, AND CREEKS COMMIS~, .iMAY 1 5 2003 CITY OF UKIAH CITY CLERK'S DEPARTMENT I am applying for an appointment to the City of Ukiah's Paths, Open Space, and Creeks Commission 1. Name 2. Residence Address ~_~::~ ~ 3. Business Address 4. Employer Employed since- 5. How~long have you resided in Ukiah? ..~ years; Mendocino County? .~ California? 6. Please list community gro, ups or organ!zations you are affiliat,ed with. Indicate office held? - Please answer the following questions on separate sheets of paper and a~ach. 7. Why are you applying to serve on the City of Ukiah's Paths, Open Space, and Creeks Commission? 8. What is your understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11. What kind of ideal community do you envision for Ukiah? 12. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on May 15, 2003. Thank Date I ' ' City of Uld~)~300 seminary Avenue' Ukiah, CA 95482-5400 Phone: 463-6217 Fax: 463-6204 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/22/03 City of Ukiah Application for Appointment Paths, Open Space and Creeks Commission Attachment 1 7. Why are you applying to serve on the City of Ukiah's Paths, Open Space and Creeks Commission? I am so very interested in serving on the commission that I have applied even though I may not meet your sphere of influence criteria (if Pine Pddge is the western ridge you refer to in the application, then I'm ok!). I'm a strong proponent of paths, open space and creeks in the Ukiah valley because I firmly believe they are a key to quality of life for all, a healthy populace, increased tourism, business growth and jobs. I believe that the work of the folks who crafted the Ukiah General Plan should be respected through creation of the vision they set forth in the Plan document. I have had the good fortune to live formerly in a community with exceptional access to paths, open space and creeks, and know firsthand how these things enhance quality of !ifc in the ways mentioned above. Also, I am acquainted with professionals in Colorado and California who are knowledgeable about procurement of land, funding and management of paths and open space, and I believe this bigger-picture knowledge would be useful to the commission. I was one of the first to pick up an application for the commission, but then felt I could not apply because I may live outside the sphere of influence area. In the end, I decided to apply anyway since that is the only way I would have a chance of being appointed. If the Council determines that I do not meet application requirements, I would very much appreciate it if you would recommend to the Mendocino Board of County Supervisors that they convene a similar commission and recommend me to that commission. 8. What is your understanding of the purpose, role and responsibility of the Paths, Open Space and Creeks Commission? My understanding of the purpose, role and responsibility of the commission is that it is created to and will recommend and advise the Ukiah City Council regarding the following matters: A. Efficient implementation of the Open Space and Conservation Element of the Ukiah General Plan; B. Efficient implementation of the pathway sections of the Transportation Element of the Uldah General Plan; and C. Procedure and funding mechanisms for acquisition, preservation and effective stewardship of City paths, open space and creeks. 0 How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Paths, Open Space and Creeks Commission? Please see the resume attached for an overview of my skills, experience and areas of expertise: writing, speaking, public relations and administration. I have worked for years on the government and business side of environmental issues and also served for years on the board of Win-Win Boulder (in Colorado). By considering the interests and needs of various constituents in developing strategies and meeting goals--where those at the bargaining table get important needs met--you most often get lasting results with a minimum of grumbling. My excellent skills in public relations could help the commission present its work in a positive format that is more likely to elicit broad public support. -- _ 10. In your opinion, what type of programs or development should the City encourage? Uldah is my wonderful town. The types of programs or development that I believe the City should encourage would build upon Ukiah's strengths: Climate, natural beauty, friendliness, lack of traffic congestion. Programs and development should encourage people to get outside safely for recreation, commuting or errands, without having to use motorized vehicles. Programs or development should encourage residents (and visitors) to appreciate the natural beauty of the area, meet and visit with neighbors, and get physical exercise. Programs or development should emphasize Ukiah's strengths so that people insist upon preserving them as the community grows. 11. What kind of ideal community do you envision for Ukiah? This definition of an ideal community that I envision may sound familiar to at least two City Councilpersons. It is, in a nutshell, Active Living in the Valley Environment (ALIVE). The ALIVE partnership's grant application was crafted in partnership with many local organizations and written by Ukiah's Director of Planning Charley Stump, Councilwoman Mari Rodin and myself. I think it answers the question best: An ideal community would "include interconnected 'villages' comprised of high-density housing, small commercial land uses, professional offices and small, public open spaces all connected by highly visible, multi-use trails/paths and narrow forested streets." As a result, the ideal community would be one where people are active, healthy and involved, where people regularly use non-motorized forms of transportation, and where people cherish their valley's natural beauty. 12. Do you have any known projects or conflicts of interest related to this Commission? No. In fact, the projects I'm involved in are complementary to the purpose of the commission. For instance, the ALIVE partnership is putting together a Ukiah area map that will detail existing, proposed and "wish list" paths and bike lanes. This map could serve as a useful reference for planners, a resource for event planners, and as a base for future tourism, biking and hiking maps. Also, as a hobby, I have begun writing trail descriptions and compiling trail maps that build upon earlier work by former County parks director Al Kramer. These could be used for a local trails book of interest to tourism and other groups. suzanne pletcher A professional with outstanding communication and administrative skills. "...Very s .trong communication skills., .stro_ng W°rk ethic. Suzanne always conveys a positive attitUde and has strong '- administrative skills." . -.Suelotnu%. Resources; Sulzer' · . Mana~a~"~emeC~-enY~ffo~¥ience: ~ P~ ~t~ Manager of Continuing ~u~fion, S~zer C~ci~k Inc., C~ad, CA 1995--1998. _ M~ed development of hi~-level ~s~on~ pro~s for d~ speci~s~ ~d ~iversifies. · Wrote course bro~es md te~nicfl course mate~s. · Mm~d $500,000 mnufl bud~t md m a&~five ~sis~t. Manager of Recycling and Public Relations, Western Disposal Services, Inc., Boulder, CO 1990-1994. Successfully managed media relations. · Wrote company brochures, newsletters and technical materials. Managed the company's recycling program. · Represented the company at state and local government meetings. President, Corporate Recycling Inc., Boulder, CO 1989-1990. · Produced 12 day-long seminars throughout the country that taught corporate waste-reduction and cost-saving strategies. Attendees represented Chrysler, AT&T, McDonnell Douglas, Hearst Corporation and other companies/public agencies. · Developed course work and brochures for seminars. · Developed a technical recycling manual used by employees of U S West in 14 states. Successfully managed all aspects of an entrepreneurial business. ,Publications and Public Relations Experience Associate, Carl Thompson Associates, Boulder, CO 1986-1989. · Managed public relations and investor relations for 12 clierit companies; awarded the top state honor for my successes, 1988. · Taught interviewing and media relations skills to corporate CEOs. · Wrote annual reports, technical presentations for Wall Street investment brokers, and press releases. CITY OF UKIAH APPLICATION FOR APPOINTMENT PATHS, OPEN SPACE, AND CREEKS COMI~ i~ONuA¥-8 ?,q.fl3 CITY OF UKIAH CITY CLERK'S DEPARTMENT I am applying for an appointment to the City of Ukiah's Paths, Open Space, and Creeks Commission 1. Name ~,~//./z~- ~ //~-'~ ~ ~-'f,~ / '/,~/'- 2. Residence Address ~ 7~'"- /t_/~'~_/-z X~'~_/~,~/7~/~c ~ _ . Res. Phone 3. Business Address 4. Employer ,/-,~ 7/-/~' X 5. How. long have you resided in Ukiah? Bus. Phone ~ Job title k-~,.,'_~. ~.--~'.,f' .Employed since / ~-~ years; Mendocino County?,~'-~_,,-) California? 6. Please. list community groups or .organizations you are affiliated with. Indicate office held? "-" - ,. . ~ - , .~ ' V Please answer the following questions on separate sheets of paper ~nd attach. 7. Why are you applying to serve on the City of Ukiah's Paths, Open Space, and Creeks Commission? . . What is your understanding of the purpose, role and responsibility of the Paths, Open Space, and Creeks Commission? How do you believe your own skills, experience, expertise and perspectivestwill be beneficial to the work of the Paths, Open Space, and Creeks Commission? 10. In your opinion, what type of programs or development should the City encourage? 11. What kind of ideal community do you envision for Ukiah? 12. Do you have any known projects or conflict of interest related to this Commission? Please return this application and attachments to the City Clerk by Noon on May 15, 2003. Thank you for your interest in serving the City of Ukiah. Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Phone: 463-6217 Fax: 463-6204 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/22/03 ?[,qY-15-03 THU 09:29 flH OITY OF UKI,,qH NO, 7074638204 P, 02 CITYOF UKIAH j; ~'i~ '~ ~ ~ \Z" '~~~'Ir',, APPLICATION FOR APPOINTMENT -. ,! PATHS, OPEN SPACE, AND CREEKS COMMIS~IO'N DATE: '--~" {'--'(-'-'- ~~-~-> CITY OF CITYCLERK'Si DEPARTM --': ~ ,.,_ - .... :..... i am applying for an appointment to the City of Ukiah's Paths, Open Space, and ureeKs L;omm~ss~on 2, Residence Address ../ ;'"'" ¢-¢' /''-- ' u;:.'vx',-",'~-.,r..c.-,...- L<~ Res. Phone ~/'-~ ~ 'Z / , · ..~, ~..,,,.,........~--'~" 3, Business Address _~'~.~.-~- ~..~. _.5¢- ~ . Bus. Phone ~-/~ *] / )j'_.5 Employer. ¢-'/-¢<-,.-~/~--.J. Job title g'~)~,/-~, . Employed sinc~ 4. 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 attach. 7, Why are you..applying to serv.,e on De City of Ukiah's P.a,ths, Open Space, ~nd C, reeks-Co, rprrcssion?. 8. vvnm is your understanomg or me purpose, role and re~'ponsibilit¢ of the Paths, Open 8.¢ace, af::~l Creeks Commission?~ / , - 9. How do you believe your own skills, experience, expertise and perspectives will be ~eneficial to the work of the Paths, Open Spac.~e and Creeks Commission'~ .-/ ¢- -. _ -.., 10. ~ your opi .n~,on, what ty~pe of. programs,or develop/ne/nt shopld the City encourage? 11, vvna[ Klna Qf idea~"co~uriit¢ dO yOb en~fsion for uKianv ,-/ - 12, Do you have an~ known projects or conflict df'interest relate(~d'this Co(-nmissiet~?~.-~¢,~,~.,~_.. ~ Please return this appimabon and attachments to the City Clerk by Noon on M__a.y 15,_2003, Thank you for your interest in serving the City of Ukiah. /. ', SignatUre __?-/'J --0 ¢ Date City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Forms: Paths, Open Space, and Creeks Commission Application Revised: 4/2?_/03 Phone: 463-6217 Fax: 463-6204 AGENDA R'EN NO: 3a MEETING DATE: May 21, 2003 SUMMARY REPORT SUB3ECT: PRESENTATTON BY AHERICAN RED CROSS Representatives from the American Red Cross will be making a presentation of appreciation to Council. RECOMMENDED ACTION: Receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A American Red Cross Candace Horsley, City rvlanager N/A None Approved' Candace Horsley, CityX~nager 4:CAN/ASR.RedCross.52~.03 ITEM NO: 3b MEETING DATE: May 21, 2003 AGENDA SUMMARY REPORT SUB3ECT: PRESENTATZON BY BOYS' AND GTRLS' CLUB PRESTDENT Mike McCann, President of the Ukiah Boys' and Girls' Club, has requested to address the Council regarding their summer camp program. He will be in attendance to give a presentation. RECOMMENDED ACTZON: Receive presentation. ALTERNATTVE COUNCZL POLZCY OPTZONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mike McCann, President, Boys' and Girls' Club Candace Horsley, City Manager N/A None Approved ~Z~"~~_ _ Candace Horsley, Ci~ l~anager 4:CAN/ASR. BandGaub.52103 ITEM NO. 4a DATE: May 21, 2003 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE, MAYAAZARRO The Community Services Department is pleased to introduce to Council our newest employee, Community Services Event Coordinator, Maya Azarro. While Maya will be serving the community primarily at the Ukiah Valley Conference Center, her wide variety of skills will provide many opportunities to be an integral part of all the City's community events. Maya is a graduate of Ukiah High School and Cai Poly Pomona University and comes to us with a strong background in marketing and event management. On her own time, Maya is an accomplished equestrian, and is busy making preparations for her June wedding. The Community Services Department is very pleased to ask you to now welcome Maya to the City of Ukiah. RECOMMENDED ACTION: Welcome Maya Azarro to the City of Ukiah ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised' N/A Requested by: Prepared by: Coordinated with' Attachments: N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager None APPROVED;.. ~ Candace Horsley, City~anager LD/ZlP2 Maya .Asr AGENDA SUMMARY ITEM NO. 4b DATE: May 21, 2003 REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - BILL BALLAGH, CODE COMPLIANCE COORDINATOR I am very pleased to introduce our new part-time Code Compliance Coordinator, Bill Ballagh, to the City Council. Bill's background is primarily in public works inspection, and he has worked for a number of jurisdictions in California over the course of his career. Bill recently retired from the City of Concord, where he was a Senior Construction Inspector for the Public Works Department. Bill has been with the City for three months, and has had a positive impact on the Department of Planning and Community Development. He immediately developed a data base for all code compliance cases, established working relationships with key Staff from the Departments of Planning, Public Works, and Fire, and quickly became acquainted with our City. Bill is a "people" person with very strong communication skills. He is organized, works hard, and has a reasonable and practical approach to code compliance. We look forward to Bill using his skills and talents as we develop and implement a programmatic approach to code compliance for the City. Please welcome Bill Ballagh to the City of Ukiah team. RECOMMENDATION: Welcome Code Compliance Coordinator Bill Ballagh. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED,~~ "~v'~~ Candace Horsley, City M~ager MEMO · Agenda Item: 5a TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila SUBJECT: City Council Meeting Minutes: May 7, 2003 DATE: May 16, 2003 Every attempt will be made to forward the Draft Minutes of the May 7, 2003 City Council meeting to Council for review by Monday, May 19, 2003. Memos: CC050703 - minutes ITEM NO.: 7a DATE: May 21, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF APRIL 2003 Payments made during the month of April 2003, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 46385-46472, 46474-46596, 46670-46883 Accounts Payable Manual check numbers: 44156 Payroll check numbers: 46313-46384, 46597-46669 Payroll Manual check numbers: 46473 Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of April 2003. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: C~-~-dace H-orsl~y: C~y Manager KRS:W ORD/AGENDAAAPR03 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF APRIL 2003 Demand Payments approved: Check No. 46385-46472, 46474-46596, 46670-46778, 46779-46883, 44156 FUNDS: 100 General Fund $120,937.63 600 131 Equipment Reserve Fund 611 140 Park Development $1,827.32 612 141 Museum Grants $2,916.76 640 143 N.E.H.1. Museum Grant $2,982.46 660 150 Civic Center Fund 664 200 Asset Seizure Fund 670 201 Asset Seizure (Drug/Alcohol) 675 203 H&S Education 11489 (B)(2)(A1) 678 205 Sup Law Enforce Srv. Fd (SLESF) $1,464.21 679 206 Community Oriented Policing 695 207 Local Law Enforce. BIk Grant $1,666.66 696 220 Parking Dist. #10per & Maint $370.34 697 230 Parking Dist. #1 Revenue Fund 698 250 Special Revenue Fund 699 260 Downtown Business Improvement $15,484.20 800 290 Bridge Fund 805 310 Special Aviation Fund 806 330 Revenue Sharing Fund 820 332 Federal Emerg. Shelter Grant 840 333 Comm. Development Block Grant $500.00 900 334 EDBG 94-333 Revolving Loan $10,850.63 910 335 Community Dev. Comm. Fund 920 341 S.T.P. 940 342 Trans-Traffic Congest Relief 950 345 Off-System Roads Fund 960 410 Conference Center Fund $9,416.51 962 550 Lake Mendocino Bond 965 575 Garage $2,379.94 966 PAYROLL CHECK NUMBERS 46313-46384 DIRECT DEPOSIT NUMBERS 16301-16429 PAYROLL PERIOD 3/16/03-3129103 TOTAL TOTAL TOTAL PAYROLL CHECK NUMBERS 46473, 46597-46669 DIRECT DEPOSIT NUMBERS 16430-16563 PAYROLL PERIOD 3130103-4112~03 TOTAL TOTAL Airport Sewer Construction Fund City/District Sewer San Dist Revolving Fund Sanitary Disposal Site Fund Disposal Closure Reserve U.S.W. Bill & Collect Contracted Dispatch Services Public Safety Dispatch MESA (Mendocino Emergency Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Special Projects Reserve Electric Street Lighting Fund Public Benefits Charges Water Special Water Fund (Cap Imp) Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. DEMAND PAYMENTS PAYROLL VENDOR CHECKS PAYROLL CHECKS DIRECT DEPOSIT PAYMENTS VOID CHECK NUMBERS: none $43,697.87 $53,681.25 $464,196.40 $4O0.OO $1,572.64 $1,617.17 .... _$2_3,~9_32.51 $2,351.68 $49,531.73 $1~2,~14_0.62 $1,131.86 $6,675.30 $221,890.24 $2,507.58 $522,436.39 $9,086.50 $4,819.76 $32,012.59 $367,896.88 $10,849.00 $61,264.97 $109,405.62 _ $_!,_45~3.97 $1 ,~4_33__. 43 $2,176,782.62 $69,216.69 $120,154.79 $314,751.26 $2,680,905.36 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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UUUUUU 0000000 0 ZZZZZZ> Om~O ~0 ~ 0 ~O~Z 0~ o~o Z 0 I-I Z 0 > Z~ O~ O~ Z~ 0 Z~ O0 ZO Z 0 O~ MO ~J 0 ~ZZZ Z~ Z~ 0 0 Z ~ Z ~0 ~ Z Z~ ~M ~D © -46- o o oo~ oo oo o ~oo o~ o ~oo 0000000000 00000000000 00000 000 O0 ooo oo~~~~~~oooooooo~o~o~ oooggoogg~gg~gg~gggoo o o o r~ O0 0 u o o ~ ~HHHH~HHHHO ~HHHH~HHHH~ O0 000 O0 O0 O0 O0 0 O0 O0 0000000000000000000000~0~~~0~ Z ~ Z ZZZ Z ZZ Z Z Z Z Z Z Z ZZ ZZ 000000000000000000 ~c~ Z~ Oc~ ~o z o > o u o ~ZZZZZZZZZ~ZZZZZZZ~ZZZZZZ~Z~Z~Z~ZZ ~oooooooooo0ooooooo00ooooooo00oooooo -47- o o o o oooooooooooooooooooooooo >>>>>>>> >>>>>>>>>>> ~oo~oo~o~oo~oo~oo~oo Z > Zu z~ o~ o~oo~oo~oo~o~oo~oo~ O0 O0 O0 O0 0 O0 E~ 0 U~ Z 0 Z H O~a Z~ > o o ~oo u~E~ Z 0 u ZZ Z~ ~ o oo u HHHHHHHHHHHHHHHHHHHHHHHH ~D~DDDDDDDD~DDDDDDDDDDDDD -48- o~ , 1:2> UUU t.D t.D t.D o 0 o°o°o o o i Oc~ o > o o 0 I.-.4 0 o~ oo o ~ u oH o~ ~o u Z ~ o ~000 o~ Zooo H u ~m ~000 ~000 U -49- ZZ O O t.D el') O ~~~~oo oo o o o ooo H H H C) <2) o o u or. no u 0000000 000 ~oo~oo ~oos~oo. ....... .0.. HHHHHHH~HHH ~o 00 O O O ~°~ HHH DDDO 000~ UUU> Z o ~ H > z HE~r~ ~00000000000 H 0~ 0~ O~ ~o ~000 ~HH ~HMM o ~ z oz ~ Z O~ -58- :z: o 0~: u ~ U · > o~ o o o o o o o ~0 <2> (~ o o o o LN LN 0 0 c~ 0 0 Z H:>O ~ ~ ~ Z ~ ~ ~ H ~~ UU Z ~ ZZ ~ZZ~ ~ 0 H ~OO~O ~0 ~ ~ ~0 ~ZZ~ O0 0 ZZ ~00~~ ~ 0 ~ ~~ HHHHHHO ~0 ~ ~0 Z 0 ~ H > 0 Z~ ~0 U Z n~a 0,~ ~H ~000000 HHHHHH O0 O~ ~ H Z~ O~ H rO E~ © H O~ © -51- oo 0 0 oo °°~ HHHH ~~0 0000 0 ZZZZ~ ~~Z Z~ U~ U~ ~o Z 0 Z H ~U 0 ~ > ~ Z -52- 0 u,4 ~ 0 Z~ Oc~ <o Z 0 > -5:]- > °~ ~ o © -54- o > zz oo u · 0 0 0 0 ~o 0 0 0 0 0 0 u o >> 0 °~° 0 0 ~o:~ o o~u ~o ~ o o ~ o o uu ZZ Z~Z oo~ 0 ~~0 ~ ~zz~ ~o ~ o ~ffi HOOH~ ~o~o~ -55- ITEM NO. 7b DATE: May 21,2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING LINE OF CREDIT FOR MENDOCINO EMERGENCY SERVICES AUTHORITY Mendocino Emergency Services Authority (MESA) is applying for a variety of state and federal grants such as Homeland Security, Citizen Corps, Community Emergency Response Team, Bio-terrorism, and Weapons of Mass Destruction. These grants are structured to reimburse the grantee after expenditures are made. This grant methodology requires the grantee to utilize its own resources to actually make payments to vendors in advance of receiving grant funds. Simply put, this means MESA must spend the money and then seek reimbursement. MESA is requesting establishment of a line of credit with the City of Ukiah to provide cash flow to provide timely payment of grant expenditures. The amount of the grants applied for or expected to be applied for, range up to ten times the amount of the MESA operating budget. MESA does not and will not have cash flow from operations to front the payments of reimbursable grant expenses and wait for reimbursement from the State of California. This matter will be considered and formally acted upon by the MESA Board of Directors at its May 21 meeting. The amount of funding needed will vary on the timing of grant expenditures and turnaround time at the State for issuing the reimbursements. The Executive Director estimates a line of (Continued on page 2) RECOMMENDED ACTION: Adopt Resolution Authorizing The Establishment Of A Line Of Credit With The Mendocino Emergency Services Authority. ALTERNATE COUNCIL POLICY OPTIONS: 1. Adopt a modified Resolution 2. Provide alternate direction to staff Requested by: Coordinated with: Prepared by: Coordinated with: Attachments: Rick Paige, MESA Executive Director Candace Horsley, City Manager Gordon Elton, Finance Director Candace Horsley, City Manager Resolution for adoption. APPROVED: Candace Horsley, Manager credit of two hundred thousand dollars ($200,000) will be sufficient to meet the foreseeable cash flow needs of the grant projects. Staff believes the City has sufficient cash resources available to meet this request. How the program will work: 1) The maximum balance that will be advanced by the City to MESA $200,000. 2) Cash will be advanced to MESA at such times as the MESA cash account 679.101.001, maintained in the City of Ukiah general ledger, is less than zero. 3) MESA will pay a monthly fee of $50.00 for the availability of the line of credit. 4) Interest will be paid to the City of Ukiah at a rate .25% above the yield to market at cost (YTMC) of the investment portfolio managed by the City's investment advisor, Pacific Financial Management (PFM). (The April 2003 YTMC was 2.73%. The interest rate charged to MESA would be 2.98% (2.73% + .25%). 5) Repayments will be made at the end of each month in which cash is available for repayment purposes. 6) Advances and repayments will be made routinely by Finance Staff without the need for additional authorization. The month-end balance of advances outstanding will be routinely communicated to the MESA Executive Director. 7) If reimbursement for the expenses that generated the advance from the City is denied, the obligation to repay the City will remain an obligation of MESA and MESA agrees to generate revenue from which to repay the advance. 8) The loan will be recorded as of the last day of the month and the subsequent repayment will be recorded as of the last day of the month. 9) Interest will be calculated on whole months with each month as one-twelfth of the year. Example: Scenario: On July 25 MESA pays a vendor for $100,000.00 of equipment and supplies. This payment results in a cash deficit of $72,000.00. Grant reimbursement for $100,000.00 is received August 22. Calculations: 1. MESA will be billed $50.00 availability fee each month. 2. MESA will be billed for the amount of the loan times the interest rate for one month ($72,000 X 2.98%, [assumed rate],/12 months - $178.80). Recommendation: Staff believes this is a very appropriate method to insure adequate cash flow for MESA during this period of significant grant activity. Staff recommends that the City Council adopt the resolution authorizing the creation of a line of credit for the Mendocino Emergency Services Authority, not to exceed $200,000.00 and authorize staff to take the steps necessary to implement and monitor the line of credit. MESA Lineofcredit acj'n. DOC Page 2 AGENDA SUMMARY ITEM NO. 7 c DATE: May 21,2003 REPORT SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF UKIAH AND CONSULTANT RICK H. KENNEDY IN AN AMOUNT "NOT TO EXCEED" $50,000 WITHOUT APPROVAL OF CITY MANAGER In spite of budget concerns at the State and local level, the City of Ukiah Public Works Department has a number of projects, for which funding has previously been earmarked or has been assigned through grant or other programming. The demands of these projects and other duties exceed the available staff resources. Delays in project implementation result in escalating costs of construction, deterioration of the condition of infrastructure and frustration of the public, and in worst cases can result in the loss of grant funding if deadlines are missed. An alternative to increasing staffing, is to utilize consultant resources to accomplish the tasks. The City Council approved funding for additional engineering assistance in last year's budget and the need for services continues through this fiscal year. Recently the City enlisted Rick H. Kennedy, former Director of Public Works and City Engineer for the City of Ukiah, as a temporary employee, to assist with project management for the Orchard Avenue Bridge as well as some other engineering tasks. Labor laws place limits on the allowable term of temporary employment. The City Manager asked Mr. Kennedy to provide a proposal to continue to assist with these projects on a consulting basis, as the department needs exceed resource availability. Mr. Kennedy is a registered civil engineer and experienced in all phases of construction management, and as former Director has familiarity with a number of City projects and functions. He will be compensated at $48.00 per hour and will not be expected to hire employees or subconsultants. The total compensation for work performed under this agreement shall not exceed $50,000 without written approval of the City Manager. Funding for Mr. Kennedy's services will primarily come from project specific budgets. Mr. Kennedy will provide on-going engineering and construction management services upon written request by the Public Works Director/City Engineer as set forth in a letter or memorandum with a copy to the City Manager, which will be incorporated to the Agreement as an exhibit. Examples of tasks that Mr. Kennedy will be working on initially include: continuing to perform project management tasks for the development and implementation of the Orchard Avenue bridge and street improvements, completing design of the Gobbi Street Shoulder Widening and Bike Lane installation, and structuring the Request For Proposals for an updated City-wide drainage study. RECOMMENDED ACTION: Authorize City Manager to Execute a Professional Services Agreement between the City of Ukiah and Consultant Rick H. Kennedy in an Amount "NOT TO EXCEED" $50,000 without Approval of City Manager. ALTERNATIVE COUNCIL POLICY OPTIONS: Choose not to authorize the execution of this contract, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Diana Steele, Director of Public Works / City Engineer Diana Steele, Director of Public Works / City Engineer Candace Horsley, City Manager 1. P!~e~sional Services Agreement Can-da;:~ H0rsley'~ity Manager PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered in Ukiah, California, on ,2003, by and between Rick H. Kennedy ("Consultant"), and the City of Ukiah ("City"), a general law municipal corporation. 1. SERVICES PROVIDED BY CONSULTANT. Consultant is a registered civil engineer and is experienced in all phases of construction management. He is the former City Engineer and Public Works Director for the City and has familiarity with a number of City projects and functions. Pursuant to this Agreement he will provide on-going engineering and construction management services requested by the City's Engineer and Public Works Director ("Director"). The Scope of Services for each requested service will be set forth in a letter or memorandum from the Director to Consultant with a copy to the City Manager. The Consultant shall indicate his acceptance of the assignment by signing and returning a copy of the letter or memorandum to the Director, which shall be appended to and become an exhibit to this Contract. 2. TIME OF PERFORMANCE. Upon request, Consultant shall furnish City with a schedule for performing specific work under this Agreement prior to commencing performance. City must approve all schedules presented by Consultant before Consultant begins performing services covered by the schedule. Consultant shall provide services in compliance with approved schedules. 3. TERM. The term of this Agreement shall begin on terminated as provided in paragraph 9. ,2003, and shall continue in effect until 4. COMPENSATION. City shall pay consultant $48.00 per hour for the services provided under this Agreement not to exceed $50,000. This amount includes all compensation due to Consultant under this Agreement, including compensation for reimbursable expenses. 5. METHOD OF PAYMENT. City shall pay Consultant based on monthly billings setting forth as to each service performed a description of the services provided, the date provided and the time devoted to each service. The billing shall also detail any expenses for which reimbursement is sought. City shall pay all approved billings within fifteen (15) days of their receipt. The total of such billings shall not exceed the compensation set forth in paragraph 4, unless City, through its City Manager, authorizes additional compensation. 6. CONFIDENTIALITY. Consultant hereby agrees that he will not disclose or make any other use of information about the business methods, operations, costs, proposals, budgets, and projections of City or of any other information of a confidential nature pertaining to City, without the prior written consent of the City Manager. 7. INDEMNIFICATION. The City shall provide Consultant with the same right to a defense and to indemnification for claims and civil actions made against him as a result of his performance under this Contract as the City provides to its employee pursuant to Government Code Sections 825, 825.6, and 995 et seq.; provided, however, that the City's obligation to defend and indemnify Consultant under this paragraph 7 shall not exceed the total sum of $500,000. Consulting Services Agreement May 14, 2003 8. ACCESS TO, OWNERSHIP AND RETURN OF RECORDS AND DOCUMENTS. Upon termination of Consultant's services to the City under this Agreement, Consultant agrees to return all written and other materials, which are not matters of public record, furnished to him by City. Any documents created by Consultant as part of providing services under this Agreement shall be the property of City, which shall own the copyright to same. Any and all such documents shall be furnished to City upon request. City acknowledges that any studies, maps, plans, reports and documents produced by Consultant were intended for a specific use and purpose and were not prepared for any other use or purpose. Consultant does not assume responsibility for such documents if they are used by City for any other purpose, or if they are disclosed by City to any third party who uses the documents for any other purpose. City assumes the risk of using the documents for any other purpose and shall not seek to hold Consultant responsible in any manner if City uses the documents other than for their intended purpose. 9. TERMINATION. This Agreement may only be terminated by City or Consultant: 1) for breach of the agreement, or 2) on 10 days prior written notice. The parties shall notify each other of any alleged breach of the agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to offset for any direct or consequential damages City may incur as a result of Consultant's breach of contract. City may give written notice that it is suspending the work which suspension shall not extend for more than 120 calendar days. Consultant shall resume the work upon receiving a subsequent written notice from City without any claim for additional compensation. 10. MODIFICATION OF AGREEMENT. City may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consult- ant's compensation, which are mutually agreed upon by and between City and the Consultant, shall be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 11. ASSIGNMENT. The Consultant 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 City. 12. 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 prevail during the period of this Agreement. 13. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. The Consultant warrants that he shall not hire employees for the performance of the work of this agreement and the City shall have no right to require Consultant to hire employees or to acquire equipment. Consulting Services Agreement May 14, 2003 Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government by reason of his performance of the work of this agreement ............. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal or state government agencies for any such taxes not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Consultant warrants and represents that it is a properly licensed professional. 14. DISPUTES AND GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of a dispute arising under this Agreement, Consultant shall notify City promptly in writing and submit its claim within 10 days of the occurrence giving rise to the claim. The Consultant shall proceed with its work hereunder in compliance with City instructions, but such compliance shall not be a waiver of the Consultant's rights to make such a claim. Any dispute not resolved by this procedure shall be resolved as otherwise provided by law. 15. 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. 16. 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. 17. 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. 18. NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered, telefaxed or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: CONSULTANT CITY OF UKIAH Rick Kennedy 240 Zinfandel Drive Ukiah, CA 95482 Phone:462-1293 c/o Diana Steele, City Engineer Ukiah Civic Center 300 Seminary Ave Ukiah, CA. 05482 FAX: 707-463-6204 Service by telefax shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted. Consulting Services Agreement May 14, 2003 AGENDA SUMMARY ITEM NO: 7d DATE: May 21, 2003 REPORT SUB3ECT: APPROVAL OF AGREEMENT TO STAY FILING OF LTI'IGATION WITH RIVER WATCH SUMMARY: As the City Council knows, the organization River Watch, through its attorney .1ack Silver, served the City with an intent to sue letter under the Federal Clean Water Act. l~n its letter, River Watch alleges that the City has violated certain proVisions in its Waste Discharge Permit for its sewer system. Staff has advised you that the allegations in the River Watch letter are either incorrect or fail to state violations of the Clean Water Act. Rick .1arvis, the attorney representing the City in this matter, recommends entering the attached Agreement to see if the case can be settled on acceptable terms without the City incurring substantial litigation expenses, including attorneys' fees. Under the Agreement, River Watch agrees not to file suit for a period of four months from the date of the Agreement. In exchange, for purposes of certain procedural requirements of the Clean Water Act, the Agreement will deem River Watch to have filed the action as of the date the Agreement is approved by both parties. [Continued on page 2] RECOMMENDED ACTION: Approve Agreement to stay Filing of Litigation. ALTERNATIVE COUNCIL POLICY OPTION: Request modifications to agreement or refuse to approve agreement with River Watch. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: David .1. Rapport, City Attorney David .1. Rapport, City Attorney Candace Horsley, City Manager 1. Agreement to Stay Filing of Litigation APPROVED: Candace Horsley City Manager 4:CAN/ASR. Riverwatch.52103 [Continued from page 1] Under the Clean Water Act, River Watch must wait 60 days alter service of its intent to sue letter before filing a lawsuit in federal court. If the State or EPA commenced an enforcement action against the City for the same violations stated in the intent to sue letter, River Watch could not file a law suit on those claims, unless it filed that suit within 120 days of the date it served its intent to sue letter. Under the Agreement any lawsuit that is subsequently filed by River Watch will be deemed to have been filed alter 60 days from the service of its intent to sue letter but prior to 120 days from that date. This will preserve the ability of River Watch to challenge any City conduct it has included in its letter, even if the Regional Board or the EPA commenced an enforcement action against the City over those same alleged violations. In the Gwaltney decision, the Supreme Court stated that citizen suits under the Clean Water ACt may not be brought for violations which are "wholly past" when the law suit is filed. Under the Agreement, the River Watch law suit is also deemed filed as of the date of the Agreement for purposes of determining whether any alleged violation was "wholly past" at the time the suit was filed, and for purposes of calculating the five year statute of limitations on filing actions over alleged violations of the Clean Water Act. In addition, the City will provide River Watch with supervised access to any records pertinent to its claims which are subject to disclosure under the Public Records Act, as long as River Watch reimburses the City for the actual copy costs for any documents it requests copies of. Also, the City will allow River Watch to conduct one supervised inspection of the water treatment plant site, and one informal interview of up to one hour with City personnel about the issues raised in its intent to sue letter. Except as expressly stated in the Agreement, neither party waives any rights, theories, interpretations of the law, claims or defenses that they may have. I m e y e r s In a v e riback silver & wil~o~ professional law corporation Rick W. Jarvis Attorney at Law 510.808.2000 May 13, 2003 Dave Rapport RAPPORT & MARSTON PO BOX 488 Ukiah, CA 95482 RE: Northern California River Watch v. Ukiah MAY I 4 20O3 IBY: f~ / Dear Dave: Enclosed please find the executed tolling agreement for the above-referenced case. Please have the City execute it and then send it back to me. Thank you. Very truly yours, MEYERS, NAVE, RIBACK, SILVER & WILSON Rick W. Jar¢~ RWJ:edl Enclosure @PFDesktop\::ODMA/MHODMA/EBMAIH;630551;1 555 12th Street, Suite 1500 I Oakland, California 94607 I tel 510.808.2000 I fax 510.444.1108 I www. meyersnave.com OAKLAND · SAN LEANDRO · SANTA ROSA · SACRAMENTO · SAN FRANCISCO · LOS ANGELES AGREEMENT TO STAY FILING OF LITIGATION This Agreement, dated May 23, 2003, is hereby entered into between Northern California River Watch ("River Watch") and the City of Ukiah ("the City"), collectively referred to herein as "the Parties." RECITALS 1. By letter dated January 15, 2003, River Watch served the City with notice of its intent to file a lawsuit against the City pursuant to section 505 of the Federal water Pollution Control Act ("Clean Water Act"), 33 U.S.C. § 1365(a). This letter shall be referred to herein as "the Notice." The Notice states that the City has violated its National Pollution Discharge Elimination System ("NPDES") Permit No. CA0022888 ("the Permit"), which regulates the City's operation of its wastewater treatment facility identified in the Permit. The Notice lists various categories of alleged violations, describing each category and identifying the number of alleged violations for each category. . The Parties have initiated settlement negotiations in the hopes of resolving this dispute without the need to file litigation. To facilitate settlement discussions, the Parties have decided to initially agree to a stay of the filing of litigation while negotiations are pending, as well as to the additional terms set forth below. 3. River Watch is agreeing to defer filing of any litigation for an additional four months from the execution of this Agreement. However, this Agreement also provides for the preservation of River Watch's rights in the event it files litigation at a later date, so that, for the purposes of all procedural requirements under the Clean @PFDesktop\::ODMA/MHODMA/EBMAIN;628963; 1 Page 1 Water Act, River Watch will be deemed to have filed its action as of the date this Agreement is executed by both Parties. As set forth below, this Agreement is specifically intended to address any defense the City may later have including those defenses available to the City under 33 U.S.C. § 1319(g)(6) as well as under the holding of the United States Supreme Court in Gwaltney of Smithfield v. Chesapeake Bay Foundation, 484 U.S. 49 (1987) (hereafter "Gwaltne.V'). AGREEMENT Now therefore, the Parties agree as follows: Stay of Litigation River Watch shall not file a citizen suit against the City pursuant to the Clean Water Act regarding the claims alleged in the Notice prior to the date four months after the date this Agreement is executed by both Parties. II. Provisions for Negotiation of Settlement Prior to the filing of any litigation, the Parties agree to the following terms: . The City will provide River Watch supervised access to its files relating to its wastewater treatment plant, and will give counsel for River Watch an on-site overview of its files, including an explanation of how its files are organized and where its files are maintained. This City will provide River Watch copies of any non-privileged documents specifically requested by River Watch, which are pertinent to issues addressed in the Notice or which are otherwise disclosable under the Public Records Act. River Watch will reimburse the City for actual copy costs for any documents . copied. The City will allow River Watch to conduct one supervised inspection of @ PFDeskto p\:: OD MA/MH OD MA/E BMAIN;628963; 1 Page 2 the physical plant site. 3. The City will allow River Watch one opportunity to conduct an informal interview of up to one hour of City personnel at a meeting attended by personnel requested by River Watch. 4. The City, through its counsel, will respond in good faith to other reasonable requests for information pertinent to the issues raised in the Notice. III. Preservation of River Watch's Rights A. 33 U.S.C. § 1319(g)(6) and Other Defenses For the purposes of all procedural requirements under the Clean Water Act, River Watch will be deemed to have filed its action as of the date this Agreement is executed by both Parties. In the event that River Watch later deems it necessary to file litigation over the alleged violations listed in the Notice, for the purposes of 33 U.S.C. § 1319(g)(6) (specifically including 33 U.S.C. §§ 1319(g)(6)(B)(i) and 1319(g)(6)(B)(ii)), said litigation will be deemed to have been filed as of the date this Agreement has been executed by both Parties. In executing this Agreement, the City does not waive any defenses it may have had River Watch actually filled as of the date of this Agreement. B. Gwaltney In Gwaltney, the Supreme Court stated that citizen suits may not be brought for "wholly past" violations of the Clean Water Act, and, pursuant to this holding, the date on which a citizen suit is filed may be deemed significant in determining whether the alleged violations were "wholly past" at the time an action is initiated. For the purpose of applying the Supreme Court's holding in Gwaltney, the Parties stipulate that any @PFDesktop\::ODMA/MHODMA/EBMAIN;628963; 1 Page 3 litigation later filed by River Watch alleging violations disclosed in the Notice shall be deemed to have been filed as of the date this Agreement has been executed by both Parties. IV. Reservation of Parties' Respective Rights and Legal Theories In executing this Agreement, the Parties are not stipulating to any particular legal interpretation of Gwaltney, the Clean Water Act, or other statutes, and are only agreeing that certain litigation which River Watch may file in the future will be deemed filed on the date by which this Agreement is executed by both Parties, for the purpose of certain legal defenses the City may raise. In the event River Watch files a lawsuit, nothing in this stipulation shall be deemed to waive any or all rights the City has to challenge the legal adequacy of the Notice or any portion of the Notice. The Parties reserve their respective rights to litigate the legal adequacy of the Notice in all particulars. Nothing in this Agreement shall be deemed to affect the filing date or "deemed" filing date of any litigation or claims raised in litigation to the extent that such litigation or claims are outside the scope of the Notice, or to the extent that such litigation or claims are the subject of a new notice hereafter served on the City pursuant to 33 U.S.C. § 1365(b). Section III of this Agreement shall only apply to claims asserted by River Watch which the January 15, 2003 Notice adequately discloses in compliance with 33 U.S.C. § 1365(b), which are within the scope of claims authorized by 33 U.S.C. § 1365 to be raised in a citizen suit, and which River Watch is otherwise legally entitled to assert in litigation filed on or before the date on which this Agreement is executed by both Parties. ~ PF Deskto p\:: OD MA/M H OD MA/E BMAIN ;628963; 1 Page 4 ITEM NO. 7e DATE: May 21,2003 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING ACQUISITION OF SERVICES FROM CITY OF LIGHT SOUND AND RECORDING FOR SOUND MANAGEMENT OF THE 2003 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $6,000 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the acquisition of services from City of Light Sound and Recording for the sound management of the 2003 Sundays in the Park Concert Series in the amount of $6,000. City of Light has provided sound management services for the past ten years. The contracted amount has not increased from last year. The event is funded entirely by private sponsorship, and the funds are held in a trust account that the City administers. RECOMMENDED ACTION: 1. Receive report regarding the acquisition of services from City of Light Sound and Recording for sound management of the 2003 Sundays in the Park Concert Series in the amount of $6,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. 2003 Contract Proposal from City of Light Sound and Recording A P P R OV E D :~,.~---.~[~,~ '~ Car~dac(J Horsley, Ci~anager AGENDA iTEM NO: MEE'I-JNG DATE: May 21, 2003 SUMMARY REPORT 9a SUB3ECT: DISCUSSION AND APPOINTMENT OF COMMI'R'EE MEMBERS TO THE COUNCIL'S BILINGUAL COMMI'i'I'EE At the April 16, 2003 City Council meeting, there was a discussion of improving bilingual services, particularly between the Police Department and the Latino community. City staff has already begun discussions and implemented several improvements in other departments of the City, however, the City Council felt that they would like to have a committee of Councilmembers, staff, and community members to discuss the relationship and service, with a focus on the Police Department. Mayor Larson asked Staff to seek out community members who are interested in serving on this committee. The Police Department and City Manager's office have contacted several community members from a variety of agencies and City staff to serve on this committee. The following is the list of individuals who have been contacted and who have expressed an interest and willingness to sit on the committee: (Continued on page 2) RECOMMENDED ACTION: Discuss formation of bilingual committee and provide direction to staff. ALTERNATI~VE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mayor Larson Candace Horsley, City Manager N/A None Approved' Candace Horsley, Q'~ Manager 4:CAN/ASR. BilingualComm.52!03 1TEM NO: ~b MEETING DATE: May 2:~, 2003 AGENDA SUMMARY REPORT SUB3ECT: DISCUSS:ION OF THE :ISSUES AND (~UEST:IONS TO BE :INCLUDED :IN THE CO[414UNITY SURVEY ]:n March 2003, upon approval by the City Council, the City signed a contract with Data Trends Survey Research to develop a survey instrument to sample public opinion among Ukiah residents and businesses on the issues of concern to the City. Per Council's request, one of the first steps of development of the survey is for the consultant to meet with Council to define the possible issues and questions they wish to have included in the survey. The consultant will then work with Staff to develop the survey, and will return once again to the Council for final approval. Gig Hitao, Director of Data Trends, will be in attendance to assist the Council in defining their issues of concern and to answer questions regarding the process and the type of information that a community survey can supply for future City direction. Since the original discussion with Council in January 2003, several topics of interest have come to the forefront, including financial concerns and potential sources of future revenue. The Council may wish to survey the community on their possible support for: (Continued on page 2) RECOI~IMENDED ACT:ION: Discuss Community Survey and provide direction to Staff and Data Trends. ALTERNAT:IVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager N/A None Approved: Candace Horsley, C~Manager 4:CAN/ASR.CommSurvey.52103 · alternative ways to fund such operations as police and fire services, · how to handle future park development and whether a special district should be formed to handle such services, since 50% of the usage is by County residents, · what is the resident vision for Ukiah over the next two to five years? · what public facilities improvements should be made today in order to ensure that Ukiah is a place we will enjoy in the future, · whether our residents view Ukiah as a tourist destination, and · which issues are/should be considered public service priorities. The goal of the survey is to determine opportunities and challenges within our community and to receive the participation and input from all segments of our population. Gig Hitao will lead the Council through the process to determine the Council's priorities. The November 2003 election will include all special districts and schools. The March 2004 election is scheduled for the Presidential and Board of Supervisor primaries. The tentative calendar for the November 4, 2003 consolidated districts election has been developed and is included for Council's information. If the Council chooses to place ballot measures on the November 4 election, the County Clerk will need to receive our resolution by .luly 8, 2003. The City Clerk contacted the County Clerk's office and was informed that the County Clerk will be presenting an agenda item to the Board of Supervisors in late May for authorization to purchase a new electronic ballot system. This would eliminate the current punch-card system with either a touch-screen or optic scan process. If the Board of Supervisors approves this change, the County Clerk will begin negotiations with the vendor for purchase of the machines. If this process is not completed by the November election, it will not be included in the costs of the election until IVlarch 2004. The estimated cost for the City's participation in the November election, without the additional expense of new voting equipment, is $6,500 to $10,000. Staff is requesting Council's discussion of what ballot measures, if any, they would like to include in either the November 2003 or March 2004 election. Council may also like to have further information and dialogue regarding instant runoff voting and its implications. ]:f desired, staff would return to the next Council meeting with background materials on this topic. MA¥-13-200~ 12;51 MENDO COU CLERK RECORDER 7074634257 P.02/02 TENTATIVE CALE1NDAR FOR THE NOVEMBER 4, CONSOLIDATED DISTRICTS ELECTION ..... J~e 2 ' Send mailings to'all Disttict~ __ '-~;~i20,~~ Jul 7 District s~reta~ to fi~e "Notic¢'t~f El~five' O~c~s ~o be Filled", district boundary map, regulation regarding E-125 Jul 2 payment of candidate statement and list of officials whose _ter~s expire in Dec, ember of.200'~. ' ' ' J'fl 8' Re~leSt fOr c0i~lldation received in County Cl~rk's"office ,, sui 22 P. eq~,est fo~ c0~lidati6n ~mia~ to nOS for-Ptac~..t on caJcndnr by Connty Clerk -E-120 sUi 7 - Publish Notice of election one time only I~ween dates F~90 A-~ 6 ...... . -£-I 13 lui 14 l~irst day to fil~ Declaration of Candidacy foa,~s .... Su~2S Pu~nsh ~oti~ of ~ ~ime E.88 A-g 8" Tax Ra~ $~a:me~tt due from School at, cmOs E.8~ " Aug $ Im~n~al Analysis duc from County ~ouns~.! . £-S7 " Aug g-' ~ion poriod for fi~)a-in~be~t' candi~h~ to file E-83 Aug 13 Dec!_~ra_"_'on 9f C_n_n_did-~y ,when ',recumbent has failed to file E-g7 - ' Aug 9 - Pubiic examination of m~as~, analysis aad arg~mts ]~-78 Aug 18 .... A~ lS ~ day to fil~'argum~s for or E-77 " Aug 19"' Ballot c~py to' printer "' ,, ~-t 5 6ct 20 Las~ ~y to r~ister to v°te E- 14 Oct 21 ' ' Last day for write-in c, andid~ " "'. 'E-10 ' '~)ct 24" Publish nolic~ of ceatral COunting Plac~ by'this d~.te .. ~'7 ca ~a '" Last oY"to ~-iw e~ ~ot ~.u~0~ . , TOTAL P.02 if they wanted to change the procedures used for other commissions, staff can always bring it back and do that. M/S Baldwin/Rodin withdrawing the motion. M/S Baldwin/Rodin amending Ordinance 1046, and that Section 1021 shall read, "Members shall be appointed according to procedures established by Resolution of the City Council" and deleting Section 1022. Councilmember Smith advised that he is opposed to the resolution because he believes it will create extra work for staff and that a Parks, Recreation and Golf Commission is already established. Councilmember Baldwin read the duties and powers of the new Commission. Mayor Larson advised that he is opposed to the creation of a new Commission and felt it would create an additional financial burden on the City. Councilmember Rodin expressed her support for the Commission and hoped that members of the Council would appoint members who have expertise in issues concerning open space and acquiring the resources to protect open space in the valley so that we don't have to entirely rely on staff and burden them with more work. She felt this is an important part of the General Plan that needs to be addressed. Councilmember Andersen expressed his support for the Commission and hoped the Commission would move forward and do this important work. Motion carried by the following roll call vote: Rodin, Andersen, and Vice-Mayor Baldwin. NOES: Councilmember Smith and Mayor Larson. ABSTAIN: None. ABSENT: None. City Manager Horsley requested that she be allowed to question Council on this matter later in the meeting in order to clarify some issues. 9. UNFINISHED BUSINESS 9b. Wording for Measure Eliminating Position of Elective Mayor and Effect of Conducting Election in November 2003 or March 2004 City Attorney Rapport advised that he was asked by the City Council to review proposed wording for a ballot measure to eliminate the elected position of Mayor and restore the appointment of the Mayor to the City Council. The ballot wording would read, "Shall the elective office of Mayor be eliminated and thereafter shall the office of Mayor be appointed by the City Council from among the five elected City Council members, all of whom serve four-year terms?" He worded it so that the actual question of whether the elected position of Mayor should be eliminated is included in the ballot measure. He continued to discuss the regulations contained in the Government Code. He explained that since Mayor Larson's term doesn't expire until November 2004, if the measure were to be place on the November 2003 or March 2004 election and passed Regular City Council Meeting April 2, 2003 Page 5 of 13 by the voters, there wouldn't be a need for another election for Mayor in November 2004. City Manager Horsley explained that staff would need to evaluate the costs for an election in November 2003, or March or November 2004, as well as what the various issues would be at those elections, in order to determine which election Council would like to present the measure to the voters. Councilmember Andersen inquired if there is anything in the measure that would designate how the terms of the City Council would be staggered. He assumed that one year there would be three Councilmembers running for office and the next election would have two Councilmembers. Discussion followed with regard to the November 2003, March 2004, and November 2004 election dates. It was noted by Staff that it would be advisable to participate in the election where there is the most agencies involved to reduce the City's share of cost for the election. It was also noted that Council is only considering wording of the measure at this time, not an actual election date. Councilmember Rodin inquired of the City Attorney concerning the proposed wording of the measure and recommended the wording be changed to "Shall the elective office of Mayor be eliminated and thereafter be appointed by the City Council from amonq the five elected City Council members, all of whom serve four year terms?" City Attorney Rapport advised that the change in wording would be acceptable. Councilmember Andersen was of the opinion that the office of Mayor should be elected and felt that the Council should have appointed the third highest vote getter to the vacant Council seat at the November 2002 election He felt it is important to have someone who is the figurehead of the community, attends a lot of events, and speaks for the community. Councilmember Smith thought it important that the electorate have the opportunity to elect all five Councilmembers. They did not in the last election and the City Council appointed the fifth member. Councilmember Andersen noted that Council previously discussed instant runoff voting and he was curious if it was legal. He had asked acting City Attorney Johnson, who was here at the time, whether there is any way you can require somebody to resign from the Council if they want to run for Mayor. City Attorney Rapport was confident that you couldn't require a Councilperson to resign their position in order to run for Mayor. Councilmember Baldwin explained that if there were a four-year term for Mayor, it would make sense that it be elected. He wrote the argument in favor of a four-year term several years ago. He disagreed very strongly that the third place finisher should automatically be appointed to a vacancy. Regular City Council Meeting April 2, 2003 Page 6 of 13 AGENDA SUMMARY ITEM NO. ].Oa DATE: May 21,2003 REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENTS TO THE PATHS, OPEN SPACE, AND CREEKS COMMISSION On April 22, 2003, a News Release was issued soliciting applicants to fill the five positions of the newly created Paths, Open Space, and Creeks Commission. As of the May 15th, noon deadline, applications were received from the following individuals: Julie Barrington, Robert Clark, James Connerton, Howie Hawkes, Dan Holbrook, Mary Misseldine, William Randolph, William Smith, David Taxis, and Igor Zbitnoff. In addition, an application was received after the noon deadline from Mr. Fred Koeppel (2:29 p.m.) and has been included for Council's consideration. Mr. Koeppel has indicated that he would be available at the meeting if Council wishes to interview him, but an appointment has not been established in light of the late arrival. (Continued to Page 2) RECOMMENDED ACTION: 1) Determine legal residence address for Robert Clark, 2) Determine the staggering of terms for the Commission, and 3) Determine which two members of the Commission would have a term for two years and which would have a term of three years in order to begin the staggered terms, 4) Adopt Resolution making appointments to the Paths, Open Space, and Creeks Commission. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for the vacancies and/or reschedule appointments accordingly. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Applicants notified of interviews Ukiah City Council Marie Ulvila, City Clerk ..~~,~:~-~ Candace Horsley, City Manager 1. Resolution making appointments to Paths, Open Space, and Creeks Commission 2. News Release announcing vacancies 3. Resolution 2003-35, Establishing the Paths, Open Space, and Creeks Commission Resolution 2001-61: Procedure for Filling Vacancies on City Commissions and Boards Applications for appointment , . candace H~rsley, City I~nager Page 2 of 2 Please note that Mr. Clark lists two addresses on his application to be appointed as the "Sphere of Influence Member". The Mendocino County Registrar of Voters lists Mr. Clark's voter registration at 7141 Black Bart Trail in Redwood Valley, with a mailing address of P. O. Box 167, Calpella. It does not have any record of Mr. Clark registering to vote at 536 North School Street as listed on his application. However, Mr. Clark has stated that he has resided at the North School Street address for the past three years. A determination must be made as to Mr. Clark's legal residence address in order to be considered for appointment to this Commission. City Council interviews of the applicants have been scheduled prior (beginning at 4:00 p.m.) to the commencement of the City Council meeting on May 21 st. A listing of the interview times will be submitted to Council prior to the meeting. According to Resolution 2003-35 adopted by the City Council on April 16, 2003, members of the Paths, Open Space, and Creeks Commission shall be appointed as follows: three members shall be residents of the City and two may reside outside the City but within the City's Sphere of Influence as established by the Local Agency Formation Commission. Members shall be appointed for a term of three years which terms shall be staggered. However, the staggered terms are not defined in the Resolution. As such, the City Council should determine which two appointments would be for a two-year period in order to establish the stagger. The attached Draft Resolution for appointments to this Commission sets an example of one term from each designation to be for a two-year period. Thereafter, all terms would be three years. It is Council policy that the nominations for Commission vacancies are rotated among Councilmembers. Since this is a newly established Commission, the responsibility for the first nomination is given to Mayor Larson. ATTACHMEI~ / RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENT TO THE PATHS, OPEN SPACE, AND CREEKS COMMISSION WHEREAS, on April 16, 2003, the City Council created the Paths, Open Space, and Creeks Commission; and WHEREAS, the vacancies were duly advertised until the close of applications on May 15, 2003, with submitted applications timely received and submitted to Council for consideration; and WHEREAS, the City Council interviewed Paths, Open Space, and Creeks Commission applicants on May 21,2003. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nominations submitted per procedures outlined in Resolution No. 2001-61, and does hereby appoint: filling the term of office for a City resident expiring on June 30, 2006. filling the term of office for a City resident expiring on June 30, 2006. filling the term of office for a City resident expiring on June 30, 2005. filling the term of office for a resident living outside the City but within the City's Sphere of Influence expiring on June 30, 2006. filling the term of office for a resident living outside the City but within the City's Sphere of Influence expiring on June 30, 2005. PASSED AND ADOPTED this 21 st day of May, 2003, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: A'I-I'EST: Eric Larson, Mayor Marie Ulvila, City Clerk OPPORTUNITY TO SERVE YOUR COMMUNITY':::':::':::'::':':'~: ' DATE: FOR RELEASE: SUBJECT: CONTACT: April 22, 2003 Immediately Vacancies on City of Ukiah Paths, Open Space and Creeks Commission Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there are .five vacancies on the newly established Paths, Open Space and Creeks Commission effective immediately. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer for the terms as outlined below, may apply for appointment to this Commission. The Paths, Open Space, and Creeks Commission shall have the power and duty to recommend and advise regarding: A. Efficient implementation of the Open Space and Conservation Element of the Ukiah General Plan. B. Efficient implementation of the pathway sections of the Transportation Element of the Ukiah General Plan. C. Procedure and funding mechanisms for acquisition, preservation, and effective stewardship of City paths, open space, and creeks. COMMISSION NUMBER OF LENGTH OF RESIDENCY VACANCIES TERM REQUIREMENT Paths, Open Space, and 3 3 Years Resident within the City Creeks Commission Limits of Ukiah Paths, Open Space, and 2 2 Years Resident within the City of Creeks Commission Ukiah's Sphere of Influence Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, or call 463-6217 for an application to be mailed or faxed to you. The submittal deadline is Thursday, May 15, 2003, at noon. Interviews for this Commission will be held and appointments considered at the regular City Council meeting on May 21,2003. *(Sphere of Influence boundaries=ridge top to ridge top, Highway 20 to Burke Hill Road) ! Marie Ulvila, City Clerk If you have any questions regarding the election process, you may contact the City Clerk at 463-6217. KUKI/KIAH KPFM Press Democrat KWNE KOZT Ukiah Daily Journal KFWU KZYX KMFB KNTI PR:Commission-Paths 2003 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www. cityofukiah.com ATTACHMENT ~.~~ RESOLUTION NO. 2003-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE PATHS, OPEN SPACE, AND CREEKS COMMISSION WHEREAS, The City Council of the City of Ukiah wishes to insure the successful implementation of the Open Space, Transportation, and Conservation elements of its General Plan; and, WHEREAS, In response to community input the City Council has expressed interest in seeking and securing properties for the preservation of open space, and development of trails and pathways; and, WHEREAS, the City Council has also expressed interest in restoring, rehabilitating and enhancing the City's creeks; and, WHEREAS, in order to ensure the successful implementation of these goals and objectives the City Council adopted Ordinance No. 1045 on April 2, 2003 creating the "Paths, Open Space, and Creeks Commission; and, WHEREAS, in order to implement Ordinance No. 1045, it is necessary to adopt of policies and procedures for appointing members and establishing terms of service. NOW THEREFORE BE IT RESOLVED, that the city Council of the city of Ukiah determines: 1. The Paths, Open Space, and Creeks Commission shall consist of five members. . The members of the Paths, Open Space, and Creeks Commission shall be appointed as follows: Except as provided herein, three (3) of the members shall be residents of the City and two (2) may reside outside the City but within the City's Sphere of Influence as established by the Local Agency Formation Commission. Members shall be appointed according to procedures established by resolution of the City Council. Members shall be appointed for a term of three (3) years which terms shall be staggered. PASSED AND ADOPTED on this 16th day of April 2003, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Andersen and Baldwin. Mayor Larson. Councilmembers Rodin and Smith. Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk ATTACHMENT__~ RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and Councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. The City Council has determined that interviews will be conducted for applicants of the Planning Commission, the Parks, Recreation and Golf Commission, and the Airport Commission. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: a. Incumbents seeking reappointment for an additional term; b. Elected officials seeking appointment in their capacity as elected officials; c. City staff seeking appointment in their capacity as City staff; d, All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; e. City Council members, including the Mayor, appointed in their capacity as City Council members; and f. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. 3. Nominations, Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a, The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. C, A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Counciimember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board. 1. The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. AGENDA SUMMARY ITEM NO. 10b DATE: May 21, 2003 REPORT SUBJECT: STATUS REPORT CONCERNING CODE COMPLIANCE PROGRAM SUMMARY: This Agenda item is intended to provide the City Council with a status report concerning the code compliance efforts being undertaken by the Department of Planning and Community Development. The Department is currently developing a programmatic approach to code compliance and will be returning to the Council to discuss priorities, procedures, and overall philosophy. In the meantime, the Code Compliance Coordinator has been busy with a number of cases that involve unauthorized banners and signs, basketball hoops in the right-of-way, accumulations of junk and debris, dilapidated buildings, and inoperable vehicles. Banners: After receiving a number of complaints concerning unauthorized banners, the Code Compliance Coordinator is developing a comprehensive and even-handed approach to enforcing the regulations for these "temporary" signs. This approach involves both enforcement and education. In terms of enforcement, the focus is on being all-inclusive, rather than selective, and to initially concentrate on State, Perkins, and Gobbi Streets, as well as Talmage Road (gateway corridors). The first step involved the sending of letters to 15 property owners alerting them that they are displaying unauthorized banners. In terms of education, personal contact has also been made to discuss the regulations, identify alternatives, and to assure property owners that they are not being singled-out. (continued on page 2) RECOMMENDATION: Receive Status Report concerning Code Compliance Program. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not accept report, and provide direction to Staff. Citizen Advised: N/A Requested by: N/A Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: ~' ~ Candace Horsley, City er AGENDA ~I'EM NO: MEE'I'~NG DATE: 10c May 21, 2003 SUMMARY REPORT SUB3ECT: DISCUSSION AND APPROVAL OF COMMITMENT TO FUNDING FOR FIRST YEAR OF COYOTE DAM RAISING PRO3ECT FEASIBILITY STUDY At the May 8, 2003 Inland Water and Power Commission meeting, the Board requested that each of the five members return to their agencies to request a commitment of funding, on an equal basis, for the first year of the feasibility study to raise of Coyote Dam. Inland Water and Power Commission (IWPC) is currently the only agency that has a letter of intent with the Corp of Engineering to be lead agency. The Corp will cover 50% of the costs. The estimated range of necessary funding through fiscal year '02-03 is $80,000-$100,000, which equates to $16,000-20,000 per agency. The County has filed a letter of intent to possibly withdraw from the IWPC in six months, and if this occurs, the individual agency amount would then be divided by four and would be $20,000-25,000. The Russian River Flood Control District and Redwood Valley Water District Boards have already committed to this funding. The Potter Valley :irrigation District Board will be voting on this issue on Monday, May 19. (Continued on page 2) RECOMMENDED ACTION: Discuss and approve commitment to funding for first year of Coyote Dam raising project feasibility study. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A None Approved: ,~ %~~-'~,-._ C-'~ndac~-Ho~:sle~/, C"t~ Manager / 4:CAN/ASR. CoyoteDam.52103 Backeround _ :In .lanuary, the :IWPC sent a letter of intent to the Corp of Engineers to be lead agency for the raising of the Coyote Dam project. Last month, the Mendocino County Water Agency Board/Board of Supervisors indicated they also had an interest in being the lead agency, and that they would also be submitting a letter of intent to the Corp of Engineers. At the May ].2 Russian River Flood Control District meeting, the Board passed a motion to also send a letter of intent to be lead agency to the Corp, if Mendocino County Water Agency sent its letter to the Corp. On Tuesday, May ].3, the Board of Supervisors opted to hold off on sending its letter of intent until it could have a meeting with all of :IWPC agencies. The meeting has been scheduled for Tuesday, May 20 at 2:00 p.m. in Conference Room C. In the meantime, IWPC is requesting the first-year commitment of funding, so that the Corp may be assured the local agencies are willing to partner with the Corp for this important feasibility study. The study will analyze all potential options for increasing water supply in addition to raising the dam. This will include building additional reservoirs, Park Steiner's bypass plan, piping water within the County, dredging the lake, and many other ideas that might be feasible. The total cost of the study is estimated to be $4-5 million. The original dam was built not only for water use, but also for recreation, flood control, and fish habitat. 75% of the construction costs were paid for by the federal government, 25% by Sonoma County Water Agency and Mendocino County Flood District, $5 million versus $630,000 respectively. How payment will be handled if the raising of the dam is actually approved is yet to be determined. Summary Staff is requesting Council's discussion and approval of the commitment of between $16-25,000 for the City's shared portion of this fiscal year's feasibility study funding. The funds can be allocated from the Water Fund or can be a proportional share between Water and General Fund. All current allocations to IWPC have been from the Water Fund. AGENDA SUMMARY ITEM NO. 10e DATE: M~v 21_ 2003 REPORT SUBJECT: CONSIDERATION AND APPROVAL OF LETTER TO ASSEMBLY MEMBER LAIRD REGARDING ASSEMBLY BILL 1300 -COUNClLMEMBER RODIN On February 21, 2002, Assemblyman John Laird introduced AB 1300 which ensures funds made available from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, an initiative measure approved by the voters at the November 5, 2002 statewide general election as Proposition 50, would be allocated to projects throughout the state based on merit and cost-effectiveness. In addition, AB 1300 directs that funds not otherwise allocated to specific geographic areas, be allocated with the goal of achieving geographic equity. The Water Bond Coalition, of which the City of Ukiah is a participant, was created in response to two urgent needs in our state: 1) equity when making water-related funding decisions, and 2) maximizing benefits to the people and environment of California from limited financial resources. The Coalition is requesting that all participants send a letter to Assemblyman Laird in support of AB 1300, which is consistent with the objectives of the Water Bond Coalition to achieve geographic equity in the distribution of water bond funds for meritorious, cost-effective projects that have been accorded high priority status by Coalition participants. Councilmember Rodin is requesting City Council's consideration and approval of the attached letter. RECOMMENDED ACTION: Approve letter to Assemblyman Laird regarding AB 1300. ALTERNATIVE COUNCIL POLICY OPTIONS: Review draft letter and provide alternative direction to staff. Citizen Advised: N/A Requested by: Councilmember Rodin Prepared by: Ann Burck, Administrative Analyst Coordinated with: Candace Horsley, City Manager Attachments: 1. Draft letter to Assemblyman Laird regarding AB 1300 2. Text of AB 1300 Assembly Bill- AMENDED 3. Water Bond Coalition - Mendocino County Priority Projects 2003 4. Water Bond Coalition Participants as of March 2003 APPROVED't ~..~~ ~(~~ "~a'h~a~e H0rsl~y, C'l~Manager 300 Seminary Avenue Ukiah, CA 95482-5400 May 21, 2003 The Honorable John Laird California State Assembly State Capitol, Room 2196 Sacramento, CA 95814 Subject: Support for AB 1300 Dear Mr. Laird: I am writing on behalf of the Ukiah City Council to express our support for Assembly Bill 1300, which you have introduced. This legislation is consistent with the objectives of the Water Bond Coalition of Northern and Coastal California to achieve geographic equity in the distribution of water bond funds for meritorious, cost-effective projects that have been accorded high priority status by public officials within the county in which they would be located. As a participant of the Coalition, the City of Ukiah endorses the concepts of this bill including the stated intent that funds made available by Proposition 50, that are not otherwise allocated to specific geographic areas, shall be allocated with the goal of achieving geographic equity. We also support the language in this bill that directs state agencies to report the geographic distribution of bond funds and other information. We are grateful for your leadership in the water bond area and specifically your enthusiastic championing of the Coalition's cause and appreciative of your invaluable assistance with our challenge to provide a safe and reliable water supply that is environmentally sensitive. We look forward to working closely with you on matters of mutual concern in the years ahead. Sincerely, On behalf of the Ukiah City Council Eric Larson Mayor City of Ukiah Cc: Water Bond Coalition of Northern and Coastal California c/o Lisa Renton, Sonoma County Water Agency "We Are Here To Serve" AB 1300 Assembly Bill - AMENDED BILL NUMBER: AB 1300 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 6, 2003 INTRODUCED BY Assembly Member Laird (Coauthors: Assembly Members Berg, Chan, Cohn, Diaz, Hancock, Jackson, Koretz, La Malfa, Leno, Leslie, Lieber, Lowenthal, Maldonado, Montanez, Mullin, Nation, Salinas, Wiggins, and Wolk) Page 1 of 2 FEBRUARY 21, 2003 An act to add Chapter 12 (commencing with Section 79590) to Division 26.5 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 1300, as amended, Laird. Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002: expenditures: annual report. The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, an initiative measure approved by the voters at the November 5, 2002, statewide general election, authorizes, for the purposes of financing a safe drinking water, water quality, and water reliability program, the issuance of bonds in the amount of $3,440,000,000. This bill would require the Secretary of the Resources Agency to prepare an annual report that summarizes the expenditures made pursuant to the act and would require the secretary to make the information available to the public through the Internet. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares, as follows: (a) Funds made available pursuant to the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 should be allocated to projects throughout the state based on merit and cost-effectiveness, in accordance with the requirements of that act. (b) For the purposes of allocating funds made available by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, each administrative agency should select projects that are accorded "high priority" status by public officials. (c) Funds made available by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, that are not otherwise allocated to specific geographic areas, shall be allocated with the goal of achieving geographic equity. SEC. 2. Chapter 12 (commencing with Section 79590) is added to Division 26.5 of the Water Code, to read: CHAPTER 12. Miscellaneous 79590. (a) The Secretary of the Resources Agency shall prepare an annual report that summarizes the expenditures made pursuant to this division, and shall make the information set forth in the report available to the public through the Internet and by any other means that the agency determines is cost effective. http ://www. leginfo.ca, gov/pub/bill/asrn/ab_1251 -1300/ab_l 300_bii1_20030506_amended_asm.html 5/12/03 AB 1300 Assembly Bill - AMENDED (b) The report shall include a table that includes , but is ncr limitcd to, all of the following information: (1) The name and a description of each project for which funds have been allocated. (2) The city, county, and region in which the project is located. (3) The amount of funds allocated. (4) Identification of the provisions of the bond act pursuant to which the funds were allocated. (5) Other relevant information, as determined by the secretary. Page 2 of 2 http ://www.leginfo.ca.gov/pub/bill/asm/ab_ 1251 - 1300/ab_l 300_bii1__20030506_amended_asm.html 5/12/03 COUN~ OF MENDOCINO- $10,000,000 TARGET* Brooktrails Community Services District ..... Feasibility Study to Raise Dam Covelo Community Services District ............ Engineering Studies for Replacement of Wastewater Treatment Plant, Upgrade Of Sewerage Disposal System and Fire Hydrant Plan City of Fort Bragg .......................................... Rehabilitation of Wastewater Treatment Primary Digester and Construction of Secondary Digester Mendocino County Water Works District and Gualala Community Services District ... Design of Activated Sludge Plant and Land Acquisition for Wastewater Irrigation Inland Water and Power 'Commission ................................................... Local Match to Federal Money for Coyote Dam Raising Feasibility Study Laytonville Collaborative .............................. Install Elevated Water Tank for West Zone, Drill Second Well, and Sewer System Study Mendocino City Community Services District ............................................. Engineering Study, Equipment and Building to Convert Biosolid Disposal Process to Class A Millview County Water District .....................Upgrade Intertie Between all Ukiah Valley Public Water Districts and City of Ukiah City of Point Arena ....................................... Feasibility Study to Establish City Water System Potter Valley Irrigation District ..................... Engineering and Feasibility Study for Construction to Replace Open Main Canal with Concrete Pipe Redwood Valley County Water District ........................................................... Infrastructure Improvements and Feasibility Study for Additional District Storage Capacity Redwood Valley County Water District ........................................................... Development of Water Source for District Residents, Schools, Businesses, Agriculture and Fire Districts City of Ukiah ................................................. Wastewater Reclamation Project Ukiah Valley Sanitation District .................... Engineering Study for Extension of Sewer Mains and Construction of Pumping Station to Regina Heights Area City of Willits ................................................. Engineering Design for Long-Term Wastewater Treatment and Effluent Management System County of Mendocino ................................... Development and Delivery of Additional Domestic Water Supply for Greater Ukiah Valley *The amounts shown were targets used by each county for developing the list of priority projects and may not represent the actual total bond funding need. ITEM NO. DATE: May 21, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SUPPORTING GRANT APPLICATION FOR THE OAK MANOR PARK MULTI-PURPOSE TRAIL SUMMARY: Our grant-writing consultants for implementing the Bicycle/Pedestrian Master Plan have identified a grant opportunity for the Oak Manor Park/School multi-purpose trail. The Safe Routes to School (SR2S) is a grant program established in 1999 through the passage of Assembly Bill 1475. The program is for construction activities that are intended to improve and/or enhance the safety of pedestrian and bicycle facilities and related infrastructure at school sites and along school commute routes. The purpose of this Agenda item is for the City Council to adopt a Resolution supporting the grant application. The Oak Manor Park/School multi-purpose trail project is a perfect fit for this grant. It would provide a safe and inviting route from Orchard Avenue, over the freeway, along Gibson Creek to Oak Manor School and Park. It will link residential and commercial areas to the school and park, and will provide an important bicycle/pedestrian segment toward Riverside Park to the east. RECOMMENDATION: Adopt Resolution supporting the grant application for the Oak Manor Park/School multi-purpose trail project. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt the Resolution and provide direction to Staff. Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and Diana Steel, Director of Public Works Attachments: 1. Resolution supporting the grant application for the Oak Manor Park/School multi-purpose trail Candace Horsley, City M~nager RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE SAFE ROUTES TO SCHOOL GRANT APPLICATION FOR THE OAK MANOR PARK/SCHOOL MULTI-PURPOSE TRAIL WHEREAS, in 1998, the City of Ukiah adopted a Bicycle and Pedestrian Master Plan to establish a blueprint for constructing new bicycle and pedestrian facilities in the community; and WHEREAS, the City has been seeking grant funding to construct new bicycle and pedestrian facilities that are safe and inviting to bike riders, walkers, runners, and others; and WHEREAS , the City has designed the Oak Manor Park/School multi-purpose trail from Orchard Avenue along Gibson Creek to Oak Manor School and Oak Manor Park, which is attached as Exhibit "A" to this Resolution; and WHEREAS, the Oak Manor Park/School multi-purpose trail would provide a safe and inviting trail linking residential and commercial areas with an elementary school and City park; and WHEREAS, the new trail would provide a safe route to the elementary school and park, where children currently use routes that are dangerous; and WHEREAS, the new trial will encourage children attending Oak Manor School to walk and ride bikes because it will provide a safe and inviting route to the school. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby supports the grant application to the Safe Routes to School Program for the Oak Manor Park/School multi-purpose trail project. PASSED AND ADOPTED on the 21st day of July, 2003, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Oak Manor Trail Grant Resolution Page I of 3 EXHIBIT "A" Safe Routes to School Grant Application Resolution Oak Manor Trail Project Description This project involves constructing an ADA ramp, resurfacing an existing asphalt concrete pathway, constructing new chain link fencing, installing security slatting in existing chain link fence, constructing a new pedestrian footbridge, installing security lighting, and constructing new all weather surfaced pathway along Gibson Creek. As shown on the attached aerial photo map, the first section of pathway (marked in red) extends along the south side of Gibson Creek from Orchard Avenue to the concrete sidewalk leading to the pedestrian overcrossing of US Highway 101. An ADA ramp is proposed for construction at the Orchard Avenue entrance to the pathway. The existing trail surface is chip seal over asphalt concrete pavement. It is proposed that this section of the pathway be upgraded to a smooth all weather surface. The length of this section is 570 feet. The existing concrete sidewalk (shown in orange on the map) connecting this pathway with the pedestrian overcrossing is in good condition and no further repairs are needed. Near the midpoint of this pathway section is a footbridge across Gibson Creek which provides access to the Orchard Plaza Shopping Center. It is recommended that security lights be added along this trail section. There are street lights located on either side of the pedestrian overcrossing. In addition, there are existing security lights on the pedestrian overcrossing as well. The pedestrian overcrossing is maintained by Caltrans. No work is proposed on the overcrossing. On the east side of the pedestrian overcrossing, shown in white correction tape, the pathway surface is asphalt concrete in fairly good condition. However, there are irregularities in the surface which present potential tripping hazards. It is recommended that this section of the pathway, approximately 370 feet in length, be resurfaced with a smooth all weather surface. In addition, the existing chain link fence between the pathway and Gibson Creek along this section is in disrepair and should be removed and replaced. Finally, slatting should be installed (370 feet in length) in the existing chain link fence on the south side of the pathway to provide a visual barrier between the pathway and the mobile home park. It is recommended that security lights be added along this trail section. The paved pathway ends at the wooden pedestrian bridge (shown in green highlighter) which crosses Gibson Creek. From this point, a dirt trail, 243 feet in length, (shown in blue highlighter) leads directly to Oak Manor School. It is recommended that this trail be improved to a pathway with a smooth all weather surface. The existing wooden pedestrian bridge is in disrepair and will be replaced with a new pedestrian bridge as a part of this project. Also, an existing dirt trail leads from the wooden pedestrian bridge in a southeasterly direction along the north bank of Gibson Creek to Oak Manor Park and the intersection of East Gobbi Street with Oak Manor Drive. This trail section is marked in pink highlighter on the map. It is Oak Manor Trail Grant Resolution Page 2 of 3 UKIAH REDEVELOPMENT AGENCY Special Meeting of May 7, 2003 The Ukiah Redevelopment Agency met in a Special Meeting on May 7, 2003 for which had been legally noticed and posted, at 11:04 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Commissioners were present: Commissioners Rodin, Andersen, Chairman Larson. Staff present: Deputy Director DeKnoblou~ Harris, Executive Director Horsley, City Attorney Rapport, and Ulvila. 2. AUDIENCE COMMENTS ON NON-AGENDA ITE No one came forward to address the Agency. 3. APPEAL PROCESS Chairman Larson reviewed the appeal followin( in, and 4. APPROVAL OF MINUTES 4a. Regular Meeting of February 19, 2003 M/S Smith/Rodin approving the regular meeting minut~ presented, carried by the follol roll call vote: AYE~ Andersen, Smith, Baldwin, an NOES: Nor ABSENT: None. 4. APPROVAL OF MINOTES 4b. Regular Meeting of March M/S Smith/Rodin approving the presented, carrie~ ~??. the followin~ Andersen, S iii:~iii~iiii ~, and U~ ABSENT: ~?:: ......... ::'~'i',!~,i.. iiiiiii!::i::~ 19, 2003, as Rodin, None. g of March 19, 2003, as vote: AYES: Commissioners Rodin, NOES' None. ABSTAIN: None. 5. BUSINESI Sa. Re~ Chairman L~ and Development Agreement for Assessor's Parcel No. 002-224-1R_ that this item will be considered in Closed Session. Nont 7. EXE~TIVE Di~TOR REPORTS None. "::':iiiiiiiiiiiii Adjourned~?Closed Session: 11:05 p.m. Regular City Council Meeting April 16, 2003 Page 1 of 2 8. CLOSED SESSION a. Government Code §54955.8 Conference With Real Property Negotiator _ Property: APN. 002-224-16 Owner: Ukiah Redevelopment Agency Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions No action taken. Reconvened: Midnight 9. ADJOURNMENT There being no further business, the meeting was adjo ght. Marie Ulvila, Recording Secretary Regular City Council Meeting April 16, 2003 Page 2 of 2 ITEM NO. _sa DATE: May 21,2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: RECEIVE AND FILE THE UKIAH REDEVELOPMENT AGENCY AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR 2001/2002 Stephen Herr, CPA of Davis Hammon & Co., Certified Public Accountants, conducted the audit of the Agency's financial statements for the year ended June 30, 2002. Davis Hammon & Co. has audited the Agency's financial statements for a number of years and therefore has a good understanding of the Agency's operations. This continuity also provides the financial statements with a similar presentation from year to year. The financial report is divided into several sections: REPORT Pages Table of Contents i Independent Auditors' Report 1 Combined Balance Sheet- All Fund Types and Account Groups 2 Combined Statement of Revenues, Expenditures and Changes in Fund Balances- All Governmental Fund Types 3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget (GAAP Basis) And Actual General, Special Revenue and Capital Projects Funds 4 Notes to Financial Statements 5-9 Compliance and Internal Control Information 10-11 (Continued on page 2) RECOMMENDED ACTION: Receive and file the Ukiah Redevelopment Agency financial statements for the year ended June 30, 2002, audited by Davis Hammon & Company. ALTERNATE COUNCIL POLICY OPTIONS: None Requested by: Candace Horsley, Executive Director Prepared by: Gordon Elton, Finance Director Coordinated with: Candace Horsley, Executive Director Note: Bound copy of the Agency's Financial Statements for FY 2001-2002 is under separate cover APPROVED: Candace Horsley, Exec~ive Director Audited financial report - continued Independent Auditors' Report The auditors' opinion, titled "Independent Auditors' Report", is unqualified. This means that, in the auditor's opinion, the overall financial statements present fairly, in all material respects, the financial position of the Ukiah Redevelopment Agency as of June 30, 2002. Combined Financial Statements As a whole, the Agency has sufficient resources to pay its known obligations. Special attention should be paid to Note #8, Commitments and Contingencies. The Special Revenue obligation to set aside housing funds for Mendocino County ($460,508) and the Community College District ($251,071 ) are identified here. This fund has resources to fund these obligations if these entities identify projects requiring the use of these funds. The Capital Projects Fund obligation to set aside funds for Ukiah Unified School District ($1,502,202), Mendocino County Office of Education ($186,901) and the Community College District ($293,194) are also identified here. The total of these obligations, $1,982,297 exceeds the Capital Projects fund balance by $1,016,474. The Agency and Ukiah Unified School District reached an agreement whereby the District would delay any additional requests for use of Capital Project funds until property tax revenues have increased to provide funding for this obligation. The Agency General Fund has a deficit fund balance of $48,398. This represents the obligation to repay the City of Ukiah loan of $1,126,147. This loan from the City provides cash flow funding which allows the Agency to pay its operating expenses from the start of the fiscal year, until property taxes are received from the County. The audited financial statements present a summary level for the General Fund (Administration Fund #960), Special Revenue Fund (Housing Fund #962), Debt Service Fund (Fund #966), and Capital Projects Fund (Fund #965) as well as a listing of the totals for the General Fixed Assets and General Long-term Debt Account Groups. I should point out that these statements are the official annual audited statement of the Agency's financial position and are presented in Governmental Accounting Standards Board (GASB) format to be comparable both to other government units and to our own prior year results. The GASB requires an entirely different report format, beginning with fiscal year 2002/2003 reports. Notes to Financial Statements In addition to the financial statements themselves, the "Notes to Financial Statements", which begin on page 5, provide important additional information about the financial condition of the Agency and the manner in which business is conducted. Note '1, Summary of Significant Accounting Policies, discusses the Agency's policies regarding how various assets, liabilities, revenues and expenses are recorded in the financial statements. Note 2, Cash and Investments, discusses the types and amounts of the Agency's investments. Note 3, Property Tax, discusses the assessment and collection of property taxes. Note 4, Fixed Assets, lists the amount of changes and balances in the General Fixed Asset Account Group and the fixed assets of the Enterprise and Internal Service Funds. Note 5, Due to City of Ukiah - Loans, provides information regarding the Agency's loans from the City of Ukiah. Note 6, Long-term Debt, identifies the obligation for future debt payments to the Redwood Empire Financing Authority and the Rural Economic Development GE:Audit2002 RDA AGN.doc Page 2 ITEM NO. 5b DATE: May 21,2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: FINANCIAL UPDATE REGARDING DISTRIBUTION OF PROPERTY TAX REVENUE UNDER REDEVELOPMENT When the Ukiah Redevelopment Agency (URA) was formed, several agreements with various local governments were entered into. The agreements with the County of Mendocino, the Ukiah Unified School District, the Mendocino County Office of Education, and Mendocino/Lake Community College District applied to money for both housing and capital projects. The underlying concept of these contracts was to give these entities some or all of the property tax they would have received if the URA was not formed. The language in some of these contracts was insufficiently clear to make interpretation easy. The contracts for capital projects with the three school entities were ultimately interpreted to mean they receive the property tax they would have received without the URA, with the amount incremented each year by the growth of assessed value. Mendocino County began receiving URA property tax in the 11th year of the URA (FY 2000/2001 ). The County's recovery began at 40%, increases to 60% in FY 2010/2011, and reaches 100% in FY 2020/2021. As can then be determined, the share available to the URA decreases each year. This reduction in share is partially offset by the increased assessed value from new development. The projection of future tax revenue available to the URA must be based on an assumption of the future assessed value of property within the URA boundaries. Since assessed value also changes when property is sold, future assessed values are very difficult to project. The projections utilized for this report include a 2% annual assessed value growth. (Continued on page 2) RECOMMENDED ACTION' Receive Financial Update Regarding Distribution Of Property Tax Revenue To Other Governmental Entities ALTERNATIVE AGENCY POLICY OPTIONS: N/A Requested by: Prepared by: Coordinated with' Attachments: Executive Director Candace Horsley Gordon Elton, Finance Director Candace Horsley, Executive Director Ukiah Redevelopment Agency Tax Increment Projections, pages 1-5. Ap p ROVE D.(~ ~~~...- ' Candace Horsley, Executive Director Page I of 3 URA Tax ]:ncrement Projections - continued Furthermore, this report excludes any miscellaneous income, primarily interest income. It should be noted however, that the amounts reserved for the other governmental entities will earn interest. Therefore the amounts ultimately available to those entities will be greater by the amount of accumulated interest they earn. Summary: Based on the projection of 2% annual increase in assessed value, more than half of the tax revenue of the Ukiah Redevelopment Agency will serve the direct purposes of other governmental entities. The URA will spend 13% of the tax revenue on Housing; 18% on debt payments and 18% will be expended directly for projects and administration. URA Ukiah Unified School District Mendocino County Mendocino County Office of Education Mendocino College Total 1990 - 2003 Total 30 Yrs 14,425,673 75% 61,250,629 49% 1,895,972 10% 21,264,853 17% 1,967,640 10% 33,601,122 27% 228,230 1% 2,560,996 2% 743,386 4% 6,489,539 5% 19,260,911 100% 125,167,139 100% Attachment "A" page 1 summarizes the tax revenue available to the URA and the amount directed to the other governmental agencies as follows: 1990 - 2003 URA Housing projects URA debt payments URA Projects and administration Contracts with Other Entities Total Total 30 Yrs 2,503,918 13% 16,271,725 8,238,872 43% 23,032,980 3,682,883 19% 21,945,921 4,835,238 25% 63,916,510 19,260,911 125,167,139 13% 18% 18% 51% Page 2 of Attachment "A" presents the information in a different breakout. 1990 - 2003 Total Housing School Capital Mendocino County URA Debt URA Projects & administration Total 30 Yrs 3,852,182 20% 25,033,428 2,482,380 13% 27,812,045 1,004,594 5% 26,338,171 8,238,872 43% 23,032,980 3,682,883 19% 21,945,921 20% 22% 22% 18% 18% GE:URA Financial Update 5-21-03.doc Page 2 of 3 URA Tax Increment Projections - continued The School Capital contributions are detailed by school entity on page 3 of Attachment "A". 1990 - 2003 Total 30 Yrs Ukiah Unified School District Mendocino County Office of Education Mendocino College Total 1,895,972 10% 21,264,853 17% 228,230 1% 2,560,996 2% 358,178 2% 3,986,196 3% 2,482,380 13% 27,812,045 22% The Housing contributions are detailed by entity on page 4 of Attachment "A". 1990 - 2003 URA 2,503,918 13% Mendocino County 963,046 5% Mendocino College 385,218 2% Total 2,482,380 13% Total 30 Yrs 16,271,728 13% 6,258,357 5% 2,503,343 2% 27,812,045 22% Loan repayments are detailed on page 5 of Attachment "A". The original short-term bond issue was refinanced with a long-term lease from the Redwood Empire Financing Authority (REFA). Property which was acquired from the Langleys was financed with a short-term note which was paid in full at June 30, 2001. Construction of Airport Road was financed with a loan from REDIP. The final debt is the cash flow financing provided by the City of Ukiah. This loan is due on demand. The projections in this report anticipate this loan will be repaid after all other existing debt is repaid. Annual interest payments are scheduled in the interim. GE:URA Financial Update 5-21-03.doc Page 3 of 3 UKIAH REDEVELOPMENT AGENCY TAX INCREMENT PROJECTIONS Annual Tax URA Projects & Total for URA Total for Other Fiscal Year Ending Revenue URA Housing URA Debt Administration Use Entities 6/30/1991 215,325 27,992 - 149,355 177,347 37,978 6/30/1992 398,710 51,832 - 272,725 324,557 74,153 6/30/1993 627,541 81,580 420,000 11,959 513,539 114,002 6/30/1994 758,880 98,654 376,674 135,155 610,483 148,397 6/30/1995 1,201,328 156,173 523,200 313,347 992,720 208,608 6/30/1996 1,275,825 165,857 522,944 343,370 1,032,171 243,654 6/30/1997 1,310,523 170,368 607,999 255,646 1,034,013 276,510 6/30/1998 1,658,613 215,620 698,877 412,209 1,326,706 331,907 6/30/1999 2,249,407 292,423 784,992 765,559 1,842,974 406,434 6~30~2000 2,178,038 283,145 1,537,187 (75,525) 1,744,807 433,231 6/30/2001 2,164,247 281,352 1,379,649 (256,531 ) 1,404,469 759,778 6/30/2002 2,284,814 297,026 693,268 477,829 1,468,122 816,692 6/30/2003 * 2,937,661 381,896 694,082 877,785 1,953,764 983,897 Total 19,260,911 2,503,918 8,238,872 3,682,883 14,425,673 4,835,238 * Projected 13% 43% 19% 75% 25% Projections for future years based on 2% annual revenue growth_ 6/30/2004 2,996,414 389,534 692,283 885,223 1,967,040 1,029,374 6/30/2005 3,056,342 397,324 693,283 889,974 1,980,581 1,075,762 6/30/2006 3,117,469 405,271 688,833 900,290 1,994,394 1,123,076 6/30/2007 3,179,819 413,376 688,933 906,173 2,008,482 1,171,337 6/30/2008 3,243,415 421,644 693,190 908,018 2,022,852 1,220,562 6/30/2009 3,308,283 430,077 691,600 915,834 2,037,511 1,270,772 6/30/2010 3,374,449 438,678 601,768 1,012,015 2,052,461 1,321,987 6/30/2011 3,441,938 447,452 603,168 783,041 1,833,661 1,608,277 6/30/2012 3,510,777 456,401 603,608 784,526 1,844,535 1,666,242 6/30/2013 3,580,992 465,529 598,248 791,848 1,855,625 1,725,367 6/30/2014 3,652,612 474,840 601,928 790,172 1,866,939 1,785,673 6/30/2015 3,725,664 484,336 599,488 794,655 1,878,479 1,847,185 6/30/2016 3,800,178 494,023 600,928 795,299 1,890,250 1,909,928 6/30/2017 3,876,181 503,904 596,248 802,105 1,902,256 1,973,925 6/30/2018 3,953,705 513,982 595,448 805,071 1,914,501 2,039,204 6/30/2019 4,032,779 524,261 598,208 804,524 1,926,993 2,105,785 6/30/2020 4,113,434 534,746 594,528 810,459 1,939,733 2,173,701 6/30/2021 4,195,703 545,441 594,408 242,265 1,382,114 2,813,589 6/30/2022 4,279,617 556,350 592,688 234,919 1,383,957 2,895,660 6/30/2023 4,365,209 567,477 594,208 224,151 1,385,837 2,979,373 6/30/2024 4,452,514 578,827 593,808 215,120 1,387,755 3,064,759 6/30/2025 4,541,564 590,403 488,128 311,180 1,389,711 3,151,853 6/30/2026 4,632,395 602,211 464,128 325,366 1,391,705 3,240,690 6/30/2027 4,725,043 614,256 440,128 339,358 1,393,741 3,331,302 6/30/2028 4,819,544 626,541 284,925 484,350 1,395,816 3,423,728 6/30/2029 4,915,935 639,072 - 758,862 1,397,934 3,518,001 6/30/2030 5,014,254 651,853 - 748,240 1,400,093 3,614,161 Total Future Yearn 105,906,228 13,767,810 14,794,108 18,263,038 46,824,956 59,081,272 13% 14% 17% 44% 56% Grand Total 125,167,139 16,271,728 23,032,980 21,945,921 61,250,629 63,916,510 13% 18% 18% 49% 51% (1) Debt Requirements schedule defers payment to the City of Ukiah until all other debt is paid in f Revenue.xls - Report 5-21-03 Page 1 of 5 Printed 5/13/2003 UKIAH REDEVELOPMENT AGENCY TAX INCREMENT PROJECTIONS Mendocino Ukiah Unified MCOE College Total School Fiscal Year Ending Capital Capital Capital Capital 6/30/1991 17,483 2,102 3,320 22,905 6/30/1992 35,305 4,236 6,702 46,243 6/30/1993 53,504 6,419 10,151 70,074 6/30/1994 72,747 8,733 13,795 95,275 6/30/1995 95,075 11,423 18,017 124,515 6/30/1996 117,855 14,174 22,317 154,346 6/30/1997 141,091 16,985 26,697 184,773 6/30/1998 164,788 19,852 31,164 215,804 6/30/1999 189,385 22,813 36,777 248,975 6/30/2000 214,473 25,833 40,462 280,768 6/30/2001 240,063 28,913 44,967 313,943 6/30/2002 26~692 31,867 49,561 346,020 6/30/2003 * 289,611 34,880 54,248 378,739 Total 1,895,972 228,230 358,178 2,482,380 * Projected 10% 1% ' ' .:' 2% '."' ~ ;'...1'3%...,~...'..... Projections for future years based on 2% annual revenue growth .... 6/30/2004 ! 315~131 37,954 59,028 412,113 6/30/2005 341,162 41,089 63,904 446,155 6/30/2006 367,713 44,287 68,877 480,877 6~30~2007 394,795 47,549 73,950 516,294 6~30~2008 422,419 50,876 79,124 552,419 6/30/2009 450,595 54,269 84,402 589,266 6/30/2010 479,335 57,731 89,785 626,85! 6/30/2011 508,649 61,261 95,276 665,186 6/30/2012 538,550 64,862 100,877 704,289 6/30/2013 569,049 68,536 106,590 744,175 6/30/2014 600,158 72,282 112,417 784,857 6/30/2015 631,889 76,104 118,360 826,353 6/30/2016 664,254 80,002 124,423 868,679 6/30/2017 697,267 83,978 130,606 911,851 6/30/2018 730,941 88,034 136,914 955,889 6/30/2019 765,287 92,170 143,347 1,000,804 6/30/2020 800,321 96,390 149,909 1,046,620 6/30/2021 836,055 100,693 156,603 1,093,351 6/30/2022 ! 872,504 105,083 163,430 1,141,017 6/30/2023 909,682 109,561 170,394 1,189,637 6/30/2024 947,603 114,128 177,497 1,239,228 6/30/2025 986,283 118,787 184,742 1,289,812 6/30/2026 1,025,737 123,539 192,132 1,341,408 6~30~2027 1,065,979 128,385 199,670 1,394,034 6/30/2028 1,107,027 133,329 207,359 1,447,715 6/30/2029 1,148,895 138,372 215,201 1,502,468'" 6/30/2030 1,191,601 143,515 223,201 1,558,317 Total Future Yearn Grand Total 19,368,881 2,332,766 3,628,018 25,329,665 18% 2% 3% 24% 21,264,853 2,560,996 3,986,196 27,812,045 17% 2% 3% 22% Revenue.xls - Report 5-21-03 Page 3 of 5 Printed 5/13/2003 UKIAH REDEVELOPMENT AGENCY TAX INCREMENT PROJECTIONS URA Projects Set-aside for Mendocino Debt (Other than Set-aside for School County Pass- Requirements Debt & Fiscal Year Ending Housing Capital through (1) Housing) 6/30/1991 43,065 22,905 - - 149,355 6/30/1992 79,742 46,243 - - 272,725 6/30/1993 125,508 70,074 - 420,000 11,959 6/30/1994 151,776 95,275 - 376,674 135,155 6/30/1995 240,266 124, 515 - 523,200 313,347 6/30/1996 255,165 154,346 - 522,944 343,370 6/30/1997 262,105 184,773 - 607,999 255,646 6/30/1998 331,723 215,804 - 698,877 412,209 6/30/1999 449,881 248,975 - 784,992 765,559 6~30~2000 435,608 280,768 - 1,537,187 (75,525) 6/30/2001 432,849 313,943 294,338 1,379,649 (256,531 ) 6~30~2002 456,963 --346,020 310,735 693,268 477,829- 6~30~2003 * 587,532 378,739 399,522 694,082 877,785 Total 3,852,182 2,482,380 1,004,594 8,238,872 3,682,883 * Projected 20% 13% 5% 43% 19% Projections for future years based on 2% annual revenue growth 6~30~2004 59'9,283 412,113 407,512 692,283 885,223 6~30~2005 611,268 446,155 415,663 693,283 889,974 6~30~2006 623,494 480,877 423,976 688,833 900,290 6~30~2007 635,964 516,294 432,455 688,933 906,173 6~30~2008 648,683 552,419 441,104 693,190 908,018 6~30~2009 661,657 589,266 449,927 691,600 915,834 6/30/2010 674,890 626,851 458,925 601,768 1,012,015 6/30/2011 688,388 665,186 702,155 603,168 783,041 6~30~2012 702,155 704,289 716,198 603,608 784,526 6/30/2013 716,198 744,175 730,522 598,248 791,848 6/30/2014 730,522 784,857 745,133 601,928 790,172 6/30/2015 745,133 826,353 760,036 599,488 794,655 6/30/2016 760,036 868,679 775,236 600,928 795,299 6/30/2017 775,236 911,851 790,741 596,248 802,105 6/30/2018 790,741 955,889 806,556 595,448 805,071 6/30/2019 806,556 1,000,804 822,687. 598,208 804,524 6~30~2020 822,687 1,046,620 839,141 594,528 810,459 6/30/2021 839,141 1,093,351 1,426,539 594,408 242,265 6~30~2022 855,923 1,141,017 1,455,070 592,688 234,919 6~30~2023 873,042 1,189,637 1,484,171 594,208 224,151 6~30~2024 890,503 1,239,228 1,513,855 593,808 215,120 6/30/2025 908,313 1,289,812 1,544,132 488,.128 311,180 6~30~2026 926,479 1,341,408 1,575,014 464,128 325,366 6~30~2027 945,009 1,394,034 1,606,515 440,128 339,358 6~30~2028 963,909 1,447,715 1,638,645 284,925 484,350 6~30~2029 983,187 1,502,468 1,671,418 758,862 6~30~2030 1,002,851 1,558,317 1,704,846 748,240 Total Future Years 21,181,246 25,329,665 26,338,171 14,794,108 18,263,038 20% 24% 25% 14% 17% Grand Total 25,033,428 27,812,045 27,342,765 23,032,980 21,945,921 20% 22% 22% 18% 18% full Revenue.xls - Report 5-21-03 Page 2 of 5 Printed 5/13/2003 UKIAH REDEVELOPMENT AGENCY TAX INCREMENT PROJECTIONS Mendocino Mendocino County College URA Fiscal Year Ending Housing 25%1 Housing 10% Housing Total Housing 6/30/1991 10,766 4,307 27,992 43,065 6/30/1992 19,936 7,974 51,832 79,742 6/30/1993 31,377 12,551 81,580 125,508 6/30/1994 37,944 15,178 98,654 151,776 6/30/1995 60,066 24,027 156,173 240,266 6/30/1996 63,791 25,517 165,857 255,165 6/30/1997 65,526 26,210 170,368 262,105 6/30/1998 82,931 33,172 215,620 331,723 6/30/1999 112,470 44,988 292,423 449,881 6/30/2000 108,902 43,561 283,145 435,608 6/30/2001 108,212 43,285 281,352 432,849 6/30/2002 114,24-1- 45,696 297,026 456,963 6/30/2003 * 146,883 58,753 381,896 587,532 Total 963,046 385,218 2,503,918 3,852,182 *' Projected 5% 2% 13% 20% Projections for future years based on 2% annual revenue growth 6/30/2004 149,821 59,928 389,534 599,283 6/30/2005 152,817 61,127 397,324 611,268 6/30/2006 155,873 62,349 405,271 623,494 6/30/2007 158,991 63,596 413,376 635,964 6/30/2008 162,171 64,868 421,644 648,683 6/30/2009 165,414 66,166 430,077 661,657 6/30/2010 168,722 67,489 438,678 674,890 6/30/2011 172,097 68,839 447,452 688,388 6/30/2012 175,539 70,216 456,401 702,155 6/30/2013i 179,050 71,620 465,529 716,198 6/30/2014 182,631 73,052 474,840 730,522 6/30/2015 186,283 74,513 484,336 745,133 6/30/2016 190,009 76,004 494,023 760,036 6/30/2017 193,809 77,524 503,904 775,236 6/30/2018 197,685 79,074 513,982 790,741 6/30/2019 201,639 80,656 524,261 806,556 6/30/2020 205,672 82,269 534,746 822,687 6/30/2021 209,785 83,914 545,441 839,141 6/30/2022 213,981 85,592 556,350 855,923 6/30/2023 218,260 87,304 567,477 873,042 6/30/2024 222,626 89,050 578,827 890,503 6/30/2025 227,078 90,831 590,403 908,313 6/30/2026 231,620 92,648 602,211 926,479 6/30/2027 236,252 94,501 614,256 945,009 6/30/2028 240,977 96,391 626,541 963,909 6/30/2029 245,797 98,319 639,072 983,187 6/30/2030 250,713 100,285 651,853 1,002,851 Total Future Years Grand Total 5,295,311 2,118,125 13,767,810 21,181,246 5% 2% 13% 20% 6,258,357 2,503,343 16,271,728 25,033,428 5% 2% 13% 20% Revenue.xls - Report 5-21-03 Page 4 of 5 Printed 5/13/2003 SUBJECT: ITEM NO. sc DATE' MAY 21, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT ADOPTION OF RESOLUTION APPROVING COUNTY OF MENDOCINO USE OF A PORTION OF COUNTY 20% HOUSING SETASIDE FUNDS (THE FORD STREET PROJECT AND RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION) Section 6 of the Redevelopment agreement with the County of Mendocino stipulates that 25% of the mandatory housing setaside (20% of gross redevelopment tax increment revenue) be designated for County use within the City limits. Use of the funds must meet State statutes relative to Iow and moderate income housing and each project or program must be approved by the Redevelopment Agency. The County is requesting distribution of $300,000 for use by The Ford Street Project and Rural Communities Housing Development Corporation (RCHDC). As of January 31, 2003 the balance in the County's account was in excess of $414,000. The Ford Street Project funding ($150,000) is to be used for the construction of the Multi- Service Shelter And Assistance Center (permanent homeless shelter) and six units of permanent supportive housing (on-site at Ford Street). Both of these projects have previously received Ukiah Redevelopment financial assistance and are considered very appropriate expenditures of housing setaside funds. The RCHDC funding is to be used for site acquisition and predevelopment activities for Iow and moderate income housing development within the city limits. RCHDC has received previous funding from Ukiah Redevelopment and has provided a considerable number and diverse types of Iow and moderate units throughout the community. The proposals meet State requirements for use of the 20% housing setaside fund and will address targeted populations within our community needing affordable housing. Staff believes the expenditures are appropriate and recommends adoption of the resolution approving the request for County setaside funds. RECOMMENDED ACTION: Adopt Resolution Approving County of Mendocino Use of $300,000 of County 20% Housing Setaside Funds (The Ford Street and Rural Communities Housing Development Corporation). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine request requires modifications, identify changes, and adopt revised resolution. 2. Determine use of funds does not meet State or local requirements and do not adopt resolution Citizen Advised: N/A Requested by: County of Mendocino . ,. -.-.,,,, Prepared by: Michael F. Harris, Deputy Redevelopment Director~~ Coordinated with: Candace Horsley, Executive Director Attachments: 1. Resolution for adoption, page 1. 2. January 28 and May 6, 2003 Board of Supervisors Minute Orders, pages 2-3. AP P ROVE D :,.~¢'~_ ~;'.~~'~ iA mfh:asrura03 Candace Horsley, ExeCutive Director 0521CoHousing MINUTE ORDER BOARD OF SUPERVISORS COUNTY OF MENDOCINO STATE OF CALIFORNIA 1-66 1-275 DATE: January 28, 2003 SUPERVISORS PRESENT: Supervisors Delbar, Wagenet, Campbell, and Colfax SUPERVISORS ABSENT: Supervisor Shoemaker AGENDA ITEM NO. 5 - CONSENT CALENDAR The Clerk confirmed that proper notice has been established for Consent Calendar item 5(20). Consent Calendar items 5(3, 7, 9, 10, 15 and 22) removed for separate consideration or presentation. CHAIRMAN SHOEMAKER EXCUSED DUE TO A CONFLICT OF INTEREST ON THE FOLLOWING ITEM. VICE-CHAIRMAN WAGENET PRESIDING. (7) Approval of Request from Rural Community Housing Development Corporation for a $50,000 Grant and $100,000 Loan from the County ot Mendocino's Share of the City of Ukiah's Redevelopment Agency Housing Set-A-Side Fund - Administration -- Approved; Board Action: Foregoing introduced by Supervisor Delbar, seconded by Supervisor Campbell, and carried (4, with Supervisor Shoemaker absent). STATE OF CALIFORNIA ) ) SS. COUNTY OF MENDOCINO ) I, KRISTI FURMAN, Clerk of the Board of Supervisors, in and for the County of Mendocino, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this 7th day of April, 2003. KRISTI FURMAN Clerk of the Board of Supervisors ~5/ a" DeiSfi~y Clerk of the ~d ITEM NO. 5d DATE: May 21, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF DISPOSITON OF PROPERTY-ASSESSOR'S PARCEL No. 002-224-16 This item will be considered after the closed session item 8a. RECOMMENDED ACTION' Following closed session, take appropriate action. ALTERNATIVE AGENCY POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Larry W. DeKnoblough, Assistant Redevelopment Director Candace Horsley, Executive Director None APPROVED: ~ ..... ~?-~-~ ~. Candace Horsle¥, Execu~'ve Director LD/ZlP2 Property2.AsrP. DA