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HomeMy WebLinkAbout2004-07-21 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 July 21, 2004 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS None. 4. APPROVAL OF MINUTES a. Joint Meeting with the Ukiah Valley Sanitation District - June 9, 2004 w 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 June 2004 b. Report to Council Regarding Vacancy on the Parks, Recreation and Golf Commission c. Rejection of Claim for Damages Received from Cinda Johnsen and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund d. Approval Of Publishing Services By Ukiah Daily Journal For Fiscal Year 2004/2005, In The Amount Of $5.26 Per Column Inch For The First Day And $3.65 Per Column Inch For Additional Days 1 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. PUBLIC HEARING (6:45 P.M.) a. Consideration And Action On Appeal Filed By Rebecca Thune Of The Zoning Administrator's Conditional Approval of the Ashiku Height Exception Use Permit Project Located at 510 South Spring Street gl UNFINISHED BUSINESS a. Status Report Regarding Cable Franchise Renewal Negotiations with Adelphia Communications, Inc. 10. NEW BUSINESS a. Discussion of Amplified Sound Management - Vice-Mayor Baldwin b. Presentation by Solid Waste Systems Regarding Apartment Recycling c. Discussion and Possible Action Regarding SB 1648 d. Adoption of Resolutions Declaring the Official Intent to Reimburse Expenditures From the Proceeds of Tax Exempt Securities e. Approval of City Attorney's Impartial Analysis Regarding Ballot Measure For November 2004 Election 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. MINUTES OF THE UKIAH CITY COUNCIL Special Joint Meeting of the Ukiah City Council And Ukiah Valley Sanitation District Wednesday, June 9, 2004 The Ukiah City Council met at a Special Joint Meeting with the Uki; (UVSD) on June 9, 2004, the notice for which had been legally in the Civic Center Council Chambers, 300 Seminary Avenue, and the following Councilmembers were present: Rodin Larson. Councilmember absent: Smith. Staff present: Wastewater Treatment Manager Gall, City Mana( Kennedy, City Attorney Rapport, Public Utilities Di~ Ulvila. Ukiah Valley Sanitation District Board Chairman Delbar. Ukiah Valley Sanitation Di,, Sanitation District posted, at 4:00 p.m. ;alifornia. Roll was taken sen, Baldwin, and Mayor 'ect Engineer Burck, Utilities Consultant Ziemianek Deputy City Clerk rs present: Baldwin, and Rau was also pr 1. JOINT MEETING BETWEEN THE UKIAH UKIAH CITY COUNCIL: a. Discussion and Possible Iion Establishment of a Fair Water Treatment Plant Create~ Public Utilities Consultant Kenned~ Treatment Plant (WWTP) ~city, noti interim basis at the City': the Primary Treatment (CI He the number of rently .ble, as He noted that th~ s upon ESSU's would be 23 Relati of ti DISTR AND THF a Recommendation for the · at the Waste of the Wastewater has been realized on an Chemical Enhancement to the to descr 9 aspects of the CEPT program, as future predictions associated with ESSU's. ~aximum values; the "split" of the available Discussio proposed :ential conflicts istrict's j Fa Lre allocatio~ elem~ Other m Impacts an of the Cil and the District regarding the following: upon current market conditions; the City and the District; rrent development within the City limits, as well as within the projected ESSU's and associated procedural and legal ler regarding the distribution of ESSU's; associated with potential future annexation. Mr. Kennedy noted thi the 1995 "Participation Agreement" between the City of Ukiah and the Ukiah Valley Sanitation District (District) does not specifically authorize the City or District to limit the number of connections to each other's collection system, noting that should either party choose to implement a limitation of available ESSU's for either entity, an amendment to the Participation Agreement will be required. Special Joint Meeting of Ukiah City Council and Ukiah Valley Sanitation District June 9, 2004 Page 1 of 4 It was the consensus of the City Council and the District to direct staff to present the recommendations of the City/District to their Attorney(s) for review and preparation of an amended Participation Agreement between the City and the District for a fair share allocation of the remaining capacity at the WWTP providing for the split of 77/23%, as proposed by staff. They further directed their Attorney(s) to prepare provisions within the amended agreement to address the event of one agency reaching their maximum ESSU's e agreement may come back to the table for renegotiation). Said amended ag be presented to the City/District for review and consideration in the near future. b. Discussion and Possible Action R; Sewer Connection Fees that are Needed Improvements to the Waste Water Tre; Public Utilities Consultant Kennedy provided and District recently adopted revised fee strut ew of the topic, to connection fee · to Pro Ca :ing that the City Discussion followed regarding variations betwee interest in having consistent fee structures for each regarding current committed E,~ hotel/motel connection fees with commercial connection fees within considering fees. It was suggested a jc and adopting fees. Ihin the Di~ vs. the he pro and if was any ~. Discussion continued d the City, clarification regarding and the potential to address utilized in preparing for and be held prior to assessing Mr. Kennedy which was the contemplated Upgrade project. result ~e Distr ity' to the ~ious requ{ for a value engineering study s regarding the costs associated with and the timelines leading up the VVWTP Further potenti the eng, conductir ~arallel with th, Lrding .ges and disadvantages associated with a :w, aspects associated with sharing of the costs related to the Iiming issues related to the project and potential impacts eenng study, the desire to continue the design phase of 3 study, and related matters. It was the conducting a design of the the project. of City Council and the District to direct staff to proceed with ;I study, moving forward with the RFP process, parallel to the cost share of the study to be determined within the overall costs of c. Discussion and Possible Action Regarding the City of Ukiah/Ukiah Valley Sanitation District Participation Agreement Public Utilities Consultant Kennedy and City Manager Horsley commented regarding the various aspects of the current City/District Participation Agreements, and providing clarification regarding various cost sharing elements contained within the joint Participation Agreement. Special Joint Meeting of Ukiah City Council and Ukiah Valley Sanitation District June 9, 2004 Page 2 of 4 City Attorney Rapport suggested that based upon criteria contained within the current Participation Agreement, a separate agreement be agreed upon to address the cost apportionment for costs associated with the VWVTP Upgrade project. Discussion ensued regarding the connection fees, the current cost sharing apportionment established between the District and the City, the formula utilize, in determining the cost apportionment contained within the current Agreement, as well under the fair share allocation discussion, and related matters. Recessed: 4:55 p.m. Reconvened: 4:59 p.m. Director Delbar expressed concern regarding the noting that District Counsel was unable to be be directed to work in collaboration to develo Agreement for review at the June meeting of also be discussed. ;sion related to 'ecommending that C ame~ to the which time apportionment, Counsels ~articipation budget will City Manager Horsley provided contained within the Participation utilized in funding the VVVVTP Upgrade p ication re the basis for the fee structure ated to the Bonding process It was the consensus proposed amendmen apportionment, for discussed. int Pa e next 3n Attorney(s) to develop Agree ant, including proposed cost of the City/District budget will also be It was the consensus City Cou~ review commencl joint meeting between the District and the 1:00 p.m. for the purpose of discussion and 2. :R BUSINESS None, a. Publ None b. Announc~ None. her Business c. Set the Next Meeting of the Ukiah Valley Sanitation District It was the consensus of the District to schedule the next meeting of the District on June 23, 2004 to discuss various aspects related to the District budget and to review the draft budget prior to June 30, 2004, Joint City/District meeting, as well as review the draft amendments to the City/District Participation Agreement. Special Joint Meeting of Ukiah City Council and Ukiah Valley Sanitation District June 9, 2004 Page 3 of 4 d. Adjournment Mayor Larson adjourned the meeting at 5:08 p.m. Marie Ulvila, Deputy City Clerk Special Joint Meeting of Ukiah City Council and Ukiah Valley Sanitation District June 9, 2004 Page 4 of 4 ITEM NO.: 6a DATE: July21, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JUNE 2004 Payments made during the month of June 2004, 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: 55313-55382, 55458-55552, 55554-55619, 55733-55828 Accounts Payable Manual check numbers: 44167 Payroll check numbers: 55383-55457, 55620-55732 Payroll Manual check numbers: 55553 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 June 2004. 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: ~?~,.~i~t...-., "~ Candace Horsley, City M~nager KRS:WORD/AGEN DAPJU N04 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JUNE 2004 Demand Payments approved: 44167, 55313-55382, 55458-55552, 55554-55619, 55733-55828 FUNDS: 100 General Fund $125,198.01 131 Equipment Reserve Fund 140 Park Development $3,809.56 141 Museum Grants $2,826.84 143 N.E.H.1. Museum Grant $624.70 150 Civic Center Fund 200 Asset Seizure Fund $431.77 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 204 Federal Asset Seizure Grants 205 Sup Law Enforce. Srv. Fund (SLESF) $2,801.38 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $527.52 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 260 Downtown Business Improvement 290 Bridge Fund 301 2107 Gas Tax Fund 310 Special Aviation Fund 315 Airport Capital Improvement 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant $19,198.00 333 Comm. Development Block Grant $198,736.97 334 EDBG 94-333 Revolving Loan 335 Community Dev. Comm. Fund 341 S.T.P. 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund $7,082.92 550 Lake Mendocino Bond . 575 Garage $1,192.23 600 Airport $19,065.46 PAYROLL CHECK NUMBERS 55383-55457 DIRECT DEPOSIT NUMBERS 20698-20829 PAYROLL PERIOD 5/23/04-6/5/04 PAYROLL CHECK NUMBERS: 55553, 55620-55732 DIRECT DEPOSIT NUMBERS 20830-20979 PAYROLL PERIOD 6/6/04-6/19/04 VOID CHECK NUMBERS: none 611 Sewer Construction Fund 612 City/District Sewer 615 City/District Sewer Replace 640 San Dist Revolving Fund 650 Spec San Dist Fund (Cap Imp) 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 661 Landfill Corrective Fund 664 Disposal Closure Reserve 670 U.S.W. Bill & Collect 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. 975 Russian River Watershed Assoc TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $267,939.94 $44,694.17 $21,160.51 $5,O76.28 $47.50 $137.50 $470.55 $9,051.47 $11,396.32 $1,332.39 $885.49 $8,157.29 $4,190.00 $591,387.55 $3O,363.94 $1,443.45 $50,115.86 $23,840.99 $143,964.42 $2,457.42 $102.23 $3,229.88 $2,607.90 $1,607,215.07 $64,472.44 $126,120.84 $324,297.62 $2,122,105.97 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on Deputy 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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The term held by Commissioner Jon Henderson that expired on June 30, 2004 was overlooked and was not announced as a vacancy. Mr. Henderson has served on the Commission since July 1998 and has informed the City Clerk's office that he does not intend to reapply for that position. At the July 7th Council meeting, Council interviewed all candidates for the Parks, Recreation and Golf Commission and all applicants were appointed to Commissions. A News Release announcing this vacancy has been prepared and is attached for Council's review. RECOMMENDED ACTION: Receive Report. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Ukiah City Council , Marie Ulvila, Deputy City Clerk ~Z ~:~ L~'~'_~..- ~i;2.z_~ '~' Candace Horsley, City Manager 1. News Release Announcing Vacancy 2. Terms of City of Ukiah Boards and Commissions APPROVED:, ~,~-~ Candace Horsley, City Man~er ASR: Commission Vacancy-parks 2004 Page 1 of 1 af lt iah NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: July 22, 2004 Immediately Vacancy on City of Ukiah Commission Marie Ulvila, Deputy City Clerk, 463-6217 UKIAH, CA. - The City of Ukiah announces there is one vacancy occurring on the Parks, Recreation, and Golf Commission, effective June 30, 2004. 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 this vacancy. Current Commissioners may be eligible to reapply. COMMISSION NUMBER OF LENGTH OF RESIDENCY REQUIREMENT VACANCIES TERM Parks, Recreation, and Golf 1 3 Years 1 -City Residents Commission 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, faxed, or emailed to you. The submittal deadline is Thursday, August 5, 2004, at noon. Interviews for selected commissions will be held and appointments considered at the first regular City Council meeting in July 2004. Marie Ulvila, Deputy City Clerk If you have any questions regarding the election process, please contact Deputy City Clerk Marie Ulvila at 463-6217. KUKI/KIAH KPFM KMFB Press Democrat KWNE KOZT KNTI Ukiah Daily Journal KFWU KZYX PR: Commission Vacancies July 2004 Parks 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax, CC 707/463-6204 Web Address: www. cityofukiah.com TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS /ts of July 7, 2004 A'I"rACHMENT ~ Date Appointed Investment Oversi.qht Committee - Public Member 2-year term - (Baldwin*) Roy Smith - City Councilmember Mad Rodin - City Councilmember Candace Horsley - City Manager Gordon Elton - Finance Director Allen Carter- City Treasurer, Chair Monte Hill- Public Member 6/30/02 6/30/04 Present Term Expires Library Advisory Commission - City Representative Councilmember- Philip Baldwin Parks~ Recreation~ and Golf Commission - 3-year term** - (Baldwin*) Shirley Ann Dietrich - Women's Golf Club **Melody Ann Valles - Public Member **Fredrick Koeppel- Public Member Chamise Cubbison Robert Beltrami, Interim Chairman Joe Chiles - Men's Golf Club -- Jon Henderson 7/17/02 6/30/05 7/17/02 6/30/05 7/17/02 6/30/05 7/7/04 6/30/07 7/7/04 6/30/07 7/7/04 6/30/07 7/05/98 6/30/04 ** Two Commissioners may reside within the Sphere of Influence Paths~ Open Space~ & Creeks Commission (POSCC): (Smith*) Date Am)ointed James Connerton 5/21/03 Howell Hawkes 5/21/03 *Dan Holbrook 5/21/03 *Fred Koeppel 5/21/03 William Randolph 5/21/03 ** Two Commissioners may reside within the Sphere of Influence Term Expires 6~30/05 6~30~06 6/30~05 6~30/06 6~30/06 *Planninq Commission-3 year term - (Larson*) James Mulheren, Chairman Kathleen Edwards, Vice-Chair Robert Wallen Kevin Jennings Jennifer Puser Date Appointed Term Expires 7/17/02 6/30/05 7/17/02 6/30/05 7/05/01 6/30/04 7/16/03 6/30/04 7/16/03 6/30/06 *Effective January 1, 2005, each Planning Commission appointment will be made by individual City Council members Traffic Engineering Committee - (Andersen*) Ar~r~ointment Benjamin Kageyama (Public Rep.), Chairman 10/06/99 Kevin T. Cotroneo (Public Rep.) 11/07/01 Doug Pliant (MTA Rep.) 11/07/01 Risk Manger- Mike Harris City Engineer - Diana Steele Deputy Public Works Director - Rick Seanor Police Captain - Dan Walker Associate Planner- Dave Lohse Superintendent of Public Works - Temporary until filled: Diana Steele, Public Works Director Term Expires Terms: July 7, 2004 Page 2 of 2 ITEM NO. 6c DATE: JULY 21,2004 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM CINDA JOHANSEN, AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Cinda Johansen was received by the City of Ukiah on July 12, 2004 and alleges damages due to a power surge on June 8 or 9, 2004. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Cinda Johansen And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer ~ ~.~.,..,..~ Candace Horsley, City Manager 1. Claim of Cinda Johansen, pages 1-5. APPROVED: -,~ Candace Horsley, Cit~Manager mfh:asrcc04 0707CLAIM City Clerk's Office' City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH RESERVE FOR FILING STAMP CITY CLERK'S DEPARTMENT A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: If 'additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. Name and address 'of the Claimant: Name of Claimant: Address: . Address to which the person presenting the claim desires notices to be sent: Name of Addressee: Telephone: Address' The date, peace and other circumStances of.the occUrrence or transaction which gave rise to the claim asserted. Date of Occurrence: ~,,.'~,...~/~ {~'),,, ~,T'~..'4 Time of Occurrence: ~~ t ,. . Circumstances givingrisetothisclaim: &~ ~ ~ ~~ ~' /~ ~]]¢¢ ~~~~ , General description of the indebtedness, obligation, injury, damage or loss incurred so far. as it may be known at y,~qthoe !ime_of~_~ the presentation of t.he claim. ' . _ 5. Thename or names 'of the publiC emploYee or emploYees cauSir~g the injury, damage or Ioss,'if known. ¢ ..... ' ' ' ' ' ' ¢1 .I._ .[) t. ~.1 '11 [ , ?. ~ .I1 ·., ' - l/ " ,. If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thouSand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court coSts does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) ~-~ Limited Civil Case ~---] Unlimited Civil Case IYou are required to provide the information requested above in order to comply with Government COdel 910. . 10. Claimant(s) Social Security Number(s): (optional) Claimant(s) Date(s) of Birth' - Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: :~t~;lalm InVolves m;olcal treafmen-t ;or a clalme;inu 'lea -- " ' ' ' ' ' ' j W, p se provide the name, address and telephone number of any doctors or hospitals providing treatment: 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Address.' Insurance Broker/Agent: Address: Telephone: Insurance Policy No.: Telephone: Claimant's Veh. Lic. No.: / Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim.. Page 2 of 3 - Z. '- READ CAREFULLY For all accident claims~ place on the following diagram the name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City of Ukiah vehicle; location of City of Ukiah vehicle at time of accident by "A-I." and location of yourself or your vehicle at the time of the accident by "B-I" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB SIDEWALK PARKWAY SIDEWALK CURB --"4, Warning' Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: ~~~ Date: Page 3 of 3 SEARS NOM£ CENTRAL STATE R£G #1428C XORTHE!~! CALIFO~IA 5981 'SU~IS£ M~LL CITRUS H£IGH;S, C~ ~S~ll (888) 4MY-HOME Seers #: 8888388' Jun 17, 2004 Technician Seruice Order Humber: 95811295 CIND~ JOH~SEN 17i2 LOC~UO00 DR O~I~, C~ 95482 (787) 462~8948 MDSE: ~, ~8~32 INCH, .98D ~nd N~me: SO~ Mode I Nu~er: 474KU92?S12 Serlol Nu~er: 8829425 Technician Comments: Component Failure order neu R boord, CHSB?i, $482.35, BR'. Install boord uhen arrived. Labor Performed - Collect: PCB (Plug In), Replace $ 188.88 Labor Sub-Total $ iBB.A8 Net Labor $ i68.88 Tax on Labor $ 8~88 Total Labor $ IBB.B8 Ports Required - Collect: SUB PCB ASSY 57 528 AI29951BA i $ 218.51 Ports Sub-Total $ 218.51 Net Parts $ 218.51 Tax on Ports $ 15.84 Total Parts $ 234.35 Grand Total: $ 482.35 Customer Total: $ 482.35 Pre-Paid Amount: -$ 8.88 Customer Amount Due: $ 482.35 Total Amount Collected Today: $ 482.35 Cash Payment $ 482.35 Returned checks ore subject to a service chorge of $28 or the maximum alloued by leu. Collection costs and all penalties permitted by law will also be a~sessed. Oe may electronically collect returned checks, service chorges, and other ~pplicable Charges. j 98 DAY SERVICE GUaRaNTEE If, within 98 days from the date of repair, your merchandise fails to operate for.reasons related to the original complaint or repair service, ue ulli replace any parts that' failed due to defects in material or uorkman- ship and perform ang labor related to the origln~} complaint or repair seruice free of chorge. If the seruice performed uae Preuentatlue Halntenance (Pti) and a repair on ~our merchandise is scheduled :lthin 98 days o~ the PH, ,e ,ill apply half of the amount paid for the PM to the subsequent repair. Port numbers uith the letter ~R~ at the end t~plcally indicate rebuilt or reconditioned parts. Customer Signature: sTATE OF CALIFORNIA ONLY: An estimate as required (Section 9844 of the California Business and Profession~ Code) for repair shall be given to the customer by the service dealer in .writing, ~nd the service dealer m~ not charge for ,ork done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in ,tiring, the service dealer m~9 charge ~ reasonable fee for service{ provided in determining the nature o~ the malfunction in preporatlon of a ,rltten estimate for repair. For information contact the Bureau o~ Electronic and" ~pllance Repair, Deportment of Consumer Affairs, Sacramento 95814 Thank you for calling SEARS HOME CENTRAL ,S[-~il E;LI~qlSF. IIFILL CIT~UE flE][iHrS, £;~ _c5611 ( 888 ) Sears #: 8888368 Technician IO: 0810135 Service Order Humber: Jun 17, 2804 95811295 CINDA JOHANSEN 17i2 LOCKWOOD DR OKIAH, CA 95482 (?87) 482-8948 HDSE: TU, 38/92 INCH, 98D Brand Name: SONY Nodal Number: 474KU92FSt2 Serial Numar: 8829425 Service Requested: HOTRUNNING Labor Performed - Collect: PCB'(Plug In), Replace $ 188.88 Lobor Sub-Total $ 188.88 Net Labor $ 188.88 Tax on Lmhor $ 8.88 Total L~bor $ 168.08 Ports Required - Collect: 1 SUB PCB ~SSY $ 218.51 Ports Sub-Total $ 218.51 Net Parts $ 218.51 Tax on Parts $ 15.84 Total Ports $ 234.35 Estimated Grand Total: $ 482.35 Estimated'Customer Total: $ 482.35 Pre-Paid Rmount: -$ 8.08 Customer ~mount Due: $ 482.35 Customer Signature: STATE OF C~L1FORNI~ ONLY: An estimate as required (Section 9844 of the.California Business and Professions Code) for repair shall be given to the customer bg the service dealer in uritlng, and the service dealer mg not charge for uork done or ports supplied in excess of the estimate ulthout prior con~ent of the customer. ~here provided in uritlng, the service dealer mag charge a reasonable fee for services provided In determining the nature of the · malfunction in preparation o{ a uritten sstimote {or repair. For information contact the Bureau of Electronic and ~pliance Repair, Deportment of :. Consumer ~ffairs, Sacramento 9581fi Thank gnu for calling SE~S HOME CENTRAL TEM NO. 6d DATE: July 21,2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PUBLISHING SERVICES BY UKIAH DAILY JOURNAL FOR FISCAL YEAR 2004/2005, IN THE AMOUNT OF $5.26 PER COLUMN INCH FOR THE FIRST DAY AND $3.65 PER COLUMN INCH FOR ADDITIONAL DAYS As the Ukiah Daily Journal is the only newspaper that qualifies for the designation as "a newspaper having general circulation" in Ukiah, a formal process requesting bids for legal publishing services was not used. The Ukiah Daily Journal submitted a letter outlining its proposed 2004/2005 fiscal year contract rates for legal advertising with the City of Ukiah. It is proposing that the first run be $5.26 ($5.11 previous year) per column inch and additional runs $3.65 ($3.45 previous year) per column inch. Upon approval by the City Council, Staff would issue a Purchase Order to the Ukiah Daily Journal for legal advertising costs. RECOMMENDED ACTION: Approve the legal publishing services by Ukiah Daily Journal for fiscal year 2003/2004, in the amount of $5.26 per column inch for the first day and $3.65 per column inch for additional days. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A , Marie Ulvila, City Clerk ...2"~z'~ZM_L~.~_.- ~z'~-/-~--~~' Candace Horsley, City Manager and David Rapport, City Attorney 1. Proposal letter from Ukiah Daily Journal dated Jul4, 2004 APPROVED: Can~l~.ce Horsley, City Man'~er ASR: Publishing Contract 2004-2005 UDJ The Ukiah · Cindy Delk The Ukiah Daily Journal P.O. Box 749 Ukiah, CA. 95482 July 15, 2004 Marie Ulvila City Clerk City of Ukiah 300 Seminary Avenue Ukiah, California 95482 JUL ] 5 2004 Cl~' OF UKIAH CITY CLERF,'S DEPARTMENT Here is a copy of the necessary information for the proposed rate structure between the Ukiah Daily Journal and the City of Ukiah for legal advertising for the time period July 1, 2004 through June 30, 2005. Required Information: 1. Total average paid circulation (ABC Publisher's Statement 3/31/04) 7723 Daily 8101 Sunday 2. Paid circulation within the 95482 zip code: 5461 Daily 5715 Sunday 3. Days of Publication: Morning- Saturday & Sunday; Evenings - Monday through Friday 4. Type and size print and format size used for legal publication: 8 pt. Helvetica, 6.0 pica wide columns, 0.11 point gutter between columns 5. Cost of Publication: a. First run $5.26 per column inch b. Additional runs $3.65 per column inch In addition to the following guidelines, all contract terms, conditions and general information specified on The Ukiah Daily Journal's current rate card apply to this agreement between The Ukiah Daily Journal and the City of Ukiah: Errors and omissions: The Ukiah Daily Journal is liable only for the cost of the space containing an error and is not responsible for costs associated with omissions. Legal ads received and published after established deadlines will not be eligible for credit or a re-run in case of error. Copy Acceptance: Copy for legal ads will be accepted from printed copy, via email (as a text attachment only), on a 3.5 inch floppy disk (in text format only), and via fax. Proofs will be made available for copy received before deadline upon request. Requests for ads to be run after published deadline will be considered as space and time allows, with no guarantee of publication. Cancellations: Ads canceled after published deadlines may incur a 25% cancellation penalty. Sincerely, Cindy Delk Advertising Director ITEM NO: 8a DATE: July21,2004 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ACTION ON APPEAL FILED BY REBECCA THUNE OF THE ZONING ADMINISTRATOR'S CONDITIONAL APPROVAL OF THE ASHIKU HEIGHT EXCEPTION USE PERMIT PROJECT LOCATED AT 510 SOUTH SPRING STREET. SUMMARY: On June 17, 2004, the Zoning Administrator conducted a public hearing to consider a Use Permit application, filed by Mr. Mark Ashiku, seeking relief from the R-1 (Single Family Residential) 30-foot height limit to allow the height of an existing singly-story residence to be increased from approximately 24-feet to 34-feet. Based on the information contained in the administrative record and the testimony provided at the hearing, the Zoning Administrator made certain findings and conditionally approved the Use Permit. On June 25, 2004, Ms. Rebecca Thune filed timely appeal to the City Council, stating that the increased height would be incompatible with other structures in the neighborhood, and would adversely impact the general welfare of the residents in the area. BACKGROUND: On April 13, 2004 the City Zoning Administrator conducted the first of two public hearings to consider the Ashiku height exception Use Permit application. This initial headng was to consider the original proposal, which was to increase the height of the existing home from approximately 24-feet to 40-feet. There was considerable public concern expressed at the hearing, and at the request of the applicant, the Zoning Administrator continued the hearing to allow the applicant time to consider the neighborhood concerns and possibly make revisions to the design. (continued on page 2) RECOMMENDED ACTION: 1) Conduct a public hearing; and 2) Agree with the findings made by the Zoning Administrator and deny the appeal. ALTERNATIVE COUNCIL POLICY OPTION: 1) Conduct a public hearing; and 2) Disagree with the action taken by the Zoning Administrator, make altemative findings, and support the appeal. Citizen Advised: Appellant and surrounding property owners. Requested by: Rebecca Thune, Appellant Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Project plans and information 2. Appeal letters filed by Rebecca Thune 3. Staff Report to the Zoning Administrator 4. Zoning Administrator minutes, dated Apdl 13, 2004 and June 17, 2004 APPROVED: ~ ~-~ ~. ~_ ~'~~..~ Cand~ce 'Horsley, City M~0ager Revised Design The applicant reviewed the concerns expressed by neighbors, who in addition to the testimony at the April 28t~ public headng, submitted letters and a signed petition. These concems included issues related to neighborhood character, shadows cast on neighboring properties, and loss of histodc value. In response to those concerns, the applicant redesigned the addition to the structure to a 34-foot height instead of the previous requested 40 feet, thus revising the application to request four-foot relief from the 30-foot height limit. The design changes included dropping the ceiling of the first floor to 10 feet, and reducing the roof pitch to 10:12. The Subject Property The subject house is located on a property that is nearly % acre in size, with yard setbacks to the main structure of 29 feet front yard, 29 feet on the north side, 62 feet on the south side, and 81 feet on the west side (rear). Large trees and mature landscaping line the property and surround the house so that the house is mostly invisible from the neighbors to the north and south. The residence on the parcel adjacent to the north is a two-story structure. The lot to the west is undeveloped. Applicants Reasons for the Request for Relief The proposed increase in height limit of the residential structure is desired to accommodate a relatively high existing foundation height to the first floor, a 10-foot first floor ceiling height (reduced from the existing 12-foot height), an eight foot ceiling height in the proposed second floor, and a 10:12 roof pitch (reduced from the originally proposed 12:12 pitch), which the applicant feels is necessary to assist in roof maintenance due to debds falling and accumulating from large trees on the property, and for architectural/aesthetic value. Zoning Administrator Findings and Action The Zoning Administrator conducted the second public hearing on June 17, 2004. While a number of people expressed concem about the proposed 34-foot height, the Zoning administrator concluded that based on the information contained in the administrative record and gathered at the hearing, the project would not have an adverse impact on the public's heath, safety and general welfare. The Zoning Administrator made several findings of fact and conditionally approved the Use Permit. Findings: . The development of the addition to the house to a height of 34 feet, as conditioned, is consistent with the General Plan goals and policies for the Low Density Residential land use classification, because the second story addition is a single-family residential use that does not constitute a significant change in the comfort or appearance of the neighborhood, which contains an eclectic mix of architectural styles, lot sizes, setbacks, and building sizes and heights; , The development of the addition to the house to a height of 34 feet, as conditioned, is consistent with the applicable use and development standards for the R-1 (Single Family Residential) Zoning District, because the building is located on a relatively large property, the subject building is set back from the property lines in excess of the minimum setbacks allowable by code, and the portions of the building for which the applicant is seeking relief are limited to the peak of the roof and the chimneys, thus the effective visual massing and height effect of the proposed addition to the building is less severe than that which the code allows without discretionary review; , No mature or native vegetation would be removed from the area to be developed as a result of the development of the project, and sufficient mature trees and vegetation would be retained for purposes of screening the proposed 34-foot high residential structure so that the house is mostly invisible from the neighboring properties to the north, south, and west; , Tall existing trees on the subject property extend beyond the proposed 34-foot height limit, so the proposed house addition will not substantially block views from neighboring properties to the hills or the sky; , The design and building materials proposed for the residence are similar to the design and building materials on the existing residence on the site and on buildings on abutting lots that the building would not establish a unique or adverse visual effect; o The proposed increase in height limit for the residence to 34 feet, as conditioned, is compatible with surrounding land uses and would not have a detrimental effect on the character of nearby residential homes, because in consideration of the location of the home on the subject property, the large setbacks in excess of those required by code, the relative size of the subject property, and the existing vegetation that screens and breaks up the view of the subject house, the proposed 34-foot height is proportionally compatible, appropriate, and reasonable; . Since the design and building materials will not establish a unique or adverse visual effect, and since the proposed increase in height limit for the residence is proportionally compatible, appropriate, and reasonable, the project does not constitute a significant change in the comfort or appearance of the neighborhood; o According to photos of the subject property depicting existing mature trees on the property and according to the sun angle declination study prepared by Staff and on file in the administrative record, the development of the project, as conditioned, will not be detrimental to the public's health or comfort, since it will not significantly reduce the amounts of light and air reaching neighboring properties or the public right-of-way; o The development of the project, as conditioned, will not be detrimental to the public's safety, because renovation of the existing potentially unsafe building eliminates potential dangers, and the new construction will be subject to current building and fire codes to reduce the potential for fire, life, and safety hazards; 10. The development of the project, as conditioned, will not be detrimental to the public's general welfare, because the increase in house height is proportionally appropriate on the subject property and will be architecturally complementary to the neighborhood, the existing house in its present condition is in need of renovation, and the remodel will add value to the neighborhood and neighboring properties. The Ar)Deal On June 25, 2004, Ms. Rebecca Thune filed timely appeal to the City Council, stating that the increased height would be incompatible with other structures in the neighborhood, and would adversely impact the general welfare of the residents in the area. The Zoning Administrator disagrees with this conclusion, as evidenced in the findings listed above. CONCLUSION: The property owner at 510 South Spring Street originally sought 10-feet of relief from the R-1 30-foot height standard to construct a second story addition onto his existing residence that would reach a height of 40-feet. After neighbors expressed opposition to the project, the property owner revised the plan and reduced the proposed height to 34-feet. While many neighbors, including all adjacent property owners, were pleased with the revised plan and no longer expressed opposition, a few neighbors remained concerned. 3 Zoning Administrator did not receive any factual evidence that the additional 4-feet of height would adversely impact the public's health, safety or general welfare. The concerns expressed regarding the additional 4-feet of height were subjective in nature, and no factual evidence was presented to support the claim. On the contrary, technical evidence was submitted that indicated the project would not have an adverse impact on the public's health, safety, and general welfare. For example, a Sun Angle Declination Studywas submitted indicating that the additional 4-feet of height would not block sunlight or cast shadows on adjoining properties. Additionally, the Zoning Administrator found, based on field reconnaissance, that the homes in the surrounding neighborhood, and on the west side in general are comprised of an eclectic mix of architectural styles, shapes, sizes and heights, and therefore allowing a residence to exceed the height limit by 4-feet would not be incompatible with the neighborhood. Based on these, and a number of additional findings of fact, the Zoning Administrator conditionally approved the project. RECOMMENDATION: 1) Conduct a public hearing; and 2) Agree with the findings made by the Zoning Administrator and deny the appeal. l., Attachrnent ~ ,/-/ 0 < ]~ < 0~- i Attachment June 25,2004 City Clerk, City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 JUN 2 5 2004 To Whom It May Concern: On June 17, 2004 1 attended and spoke my concerns at the hearing on Mark Ashiku's revised Minor Use Permit Application No. 04-09 for 510 South Spring Street (Assessor Parcel No. 001- 253-27). The Planning Director, Charles Stump, approved the Minor Use Permit and I would like to appeal his decision in front of the City Council. Thank You, Sincerely, · Rebecca Thune 5 ! 9 South Spring Street Ukiah, CA 95482 707- 463-0516 Cc Charles Stump, Planning Director Attachment Tuesday, July 06, 2004 City Clerk, City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 To Whom It May Concern: At the request of Charley Stump, Planning Director for the City of Ukiah, I am supplying this additional information as a supplement to my letter of appeal filed on June 25, 2004 concerning the Mark Ashiku's revised Minor Use Permit Application No. 04-09 for 510 South Spring Street (Assessor Parcel No. 001-253-27). At the hearing on June 17, 2004 the Minor Use Permit was approved by the City Planning Director, Charles Stump, and Staff, Brian Keefer. I would like to appeal the decision of the findings of the Staff Report which states: the house height increase is compatible with other structures, and the development will not adversely impact the "general welfare" of the neighborhood. Sincerely, ~ 519 South Spring Street Ukiah, CA 95482 463-0516 Attachment City of Ukiah Staff Report to the Zoning Administrator Ashiku Minor Use Permit 04-09 ITEM NO. 6-A Meeting Date: June 17, 2004 PROJECT SUMMARY: Minor Use Permit Application to allow the increase of the building height from 30 feet to 34 feet for a proposed second story addition onto an existing house. The original application requested an increase to 40 feet +/- height. Due to neighborhood concerns voiced at the first public hearing on April 13, 2004, the applicant adjusted the design to reduce the height to 34 feet. PROJECT INFORMATION APP NO: UP # 04-09 APPLICANT(S): ADDRESS: Mark Ashiku 510 South Spring St. Ukiah, CA 95482 Project Title: Ashiku Minor Use Permit 04-09 CONTACT: Mark Ashiku Phone: 468-9364 PROJECT LOCATION: 510 South Spring Street ASSESSOR PARCEL NO(S): 001-253-27 General Plan Designation: Low Dens. Res. ZONING: R-1 (Single Family Residential) DOWNTOWN DESIGN DISTRICT (Y/N): N REDEVELOPMENT AREA (Y/N): N PARKING DISTRICT #1 (Y/N): N FLOOD ZONE: Zone C (C/P #060186 0001 E) FLOOD INUNDATION (Y/N): N " AIRPORT LUP Compatibility Zone: D Zone Description: Other Airport Environs DEPARTMENT RECOMMENDATION: The Planning Department recommends Conditional APPROVAL of Minor Use Permit No. 04-09 on the grounds that the proposed building height is consistent with the Low Density Residential land use designation of the Ukiah General Plan, because the second story addition does not constitute a significant change in the comfort or appearance of the neighborhood, satisfies the intent of the applicable use and development standards for the Single Family Residential Zoning District, is compatible with neighboring land uses, and is not detrimental to the public's health, safety and general welfare. PROJECT DESCRIPTION: The applicant is proposing an increase in the height limit for a single-family residence to accommodate a second story addition. The original application was to increase the overall height to 40 feet +/. The existing house has 12-foot ceilings, and the applicant was attempting to retain the ceiling height of the first floor, thus retaining historic value. In addition, the application included a 12:12 roof pitch. This relatively steep roof was in efforts to reduce the maintenance incurred by debris deposited on the roof by the large trees surrounding the house. Additionally, the applicant feels that a steeper roof is aesthetically appealing and appropriate for the architectural value of the house. These factors, coupled with the foundation height to the first floor, yielded a peak height of 40 feet +/-. Minor Use Permit Application No. 04-09 Affachment # .~ -.-/ The application received opposition from neighbors in the form of letters, verbal response, and a signed petition, expressing concerns for the neighborhood character, shadows cast on neighboring properties, and loss of historic value. While a public hearing was held on April 28, 2004, and issues were discussed at great length, at the request of the applicant, the item was continued open to allow time for the applicant to address the concerns of the neighbors. In response to those concerns, the applicant redesigned the addition to the structure to a 34-foot height instead of the previous requested 40 feet, thus revising the application to request a four-foot relief from the 30-foot height limit. The design changes included dropping the ceiling of the first floor to 10 feet, and reducing the roof pitch to 10:12. The subject house is located on a property that is approximately 20,932 square feet, with setbacks to the main structure of 29 feet front yard, 29 feet on the north side, 62 feet on the south side, and 81 feet on the west (rear). Large trees and mature landscaping line the property and surround the house so that the house is mostly invisible from the neighbors to the north and south, and the lot to the west is undeveloped. ENVIRONMENTAL DETERMINATION: The City of Ukiah's Environmental Coordinator has determined the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), in accordance with Categorical Exemption Section 15301, Class 1 (e). STAFF ANALYSIS General Plan Consistency: The proposed increase in maximum building height from 30 feet to 34 feet is consistent with the goals and implementation policies of the Ukiah General Plan Land Use Element, including applicable goals and policies for the Low Density Residential land use designation of the General Plan, because, while introducing a change, maintains the residential character of the neighborhood, and the proposed architecture is consistent with the variety of architectural styles in the neighborhood. Compliance with R-1 Zone Development Standards: The Zoning Code for the R-1 (Single Family Residential) Zoning District requires a Use Permit to exceed the height limit of 30 feet for primary residential structures. Zoning Code section 9015: PURPOSE AND INTENT states, "The purpose of the regulations in the Single-Family Residential (R-l) District is to preserve, enhance, and protect the Iow density residential neighborhoods in the community." The City of Ukiah developed the setbacks, building height limits, and other restrictions in the Zoning Code for R-1 Districts in accordance with the General Plan goals and policies to protect the integrity of the Single Family Residential neighborhoods. In the process of determination of these setbacks and building height limits, Staff and the Planning Commission developed their recommendations, and the City Council based their decisions on what was necessary to establish and maintain the generally appropriate spacial and building mass relationships to maintain the integrity and character of Single Family Residential neighborhoods. When new projects adhere to the intent of these regulations, the integrity of the neighborhood is preserved to persons of normal sensitivity. The proposed increase in height limit of the residential structure is necessary to accommodate a relatively high existing foundation height to the first floor, a 10-foot first floor ceiling height (reduced from the existing 12-foot height), an eight foot ceiling height in the proposed second floor, and a 10:12 roof pitch (reduced from the originally proposed 12:12 pitch), which the applicant feels is necessary to assist in roof maintenance due to the large trees on the property, and for architectural/aesthetic value. The Code does not dictate or limit the reasons why an applicant may request relief from the standards through the Use Permit process. The Code allows a 30-foot building height at the setback line with no relief necessary. The subject building is set back from the property lines in excess of the minimum setbacks allowable by code, and the portions of the building for which the applicant is seeking relief are limited to the peak of the roof and the chimneys. The attached exhibits and the exhibits to be presented at the hearing that display the sun angles and visual effects in relation to a hypothetical building built to 30 feet at the setbacks illustrate that the visual effect of the massing and height of the proposed addition to the building is less severe than that which the code allows without discretionary review, thus satisfying the intent of the code. Building Design: The discretionary review of this Use Permit process is limited to the relief requested from the height limit of the building. Since some of the objections to the height of the building in the originally proposed Minor Use Permit Application No. 04-09 Attachment # .~ "~-- design were based on historic value of the structure and the disruption to the architectural character of the neighborhood, Staff felt it was appropriate to address the architectural design of the proposed renovation. The following photograph shows the existing house from Spring Street to the east. The applicant placed the story poles on the roof to display the proposed height of 34 feet. Existing House with Story Poles The General Plan recognizes that houses will age and it will become necessary to remodel and/or demolish houses and replace them with new construction. The subject home is in dire need of renovation. There are at least four different styles of siding on the home. There are three different foundation systems, and the applicant indicated that he received a professional opinion from a structural engineer that approximately two-thirds of the foundation is un-safe and possibly unsalvageable. If left in its present condition, the house will continue to run down and become a detriment to the property values in the neighborhood, and possibly a public health and safety risk. Therefore, considerable renovation of the home is necessary for the neighborhood, and a remodel in conjunction with that renovation is legal and justifiable. The General Plan states the importance of maintaining an architectural character that is consistent with the neighborhood, but does not require design review for Low Density Residential. The Zoning Code, while including restrictions to protect the integrity of the single family residential neighborhoods, also protects the property owner's rights of individual expression by not imposing architectural design standards. While the objections to the originally proposed building height resulted in the applicant reducing the original 12-foot ceiling height of the first floor to 10 feet, the architectural design of the house that the applicant submitted maintains the neighborhood character, which contains an eclectic combination of mostly older style homes. Minor Use Permit Application No. 04-09 Attachment Views Towards Property from Off-Site: As the street is somewhat narrow and large trees and mature vegetation line the property, it is difficult to see the house from off-site locations except for directly in front of the house. The following photos depict views to the property from off-site: View to the Property from the South View to the Property from the North Minor Use Permit Application No. 04-09 Attachment Sun Angle Declination Study: Since the design of their house takes advantage of southern solar exposure, the neighbors to the north submitted a letter of concern for the increase in height to 40 feet (original submittal). In response to this concern, the applicant lowered his house design to 34 feet, and submitted a sun angle declination exhibit entitled "Noon Sun Angle" attached herewith. The study shows the angle of the sun and the shadow cast by the proposed house at noon on the winter solstice, when the sun is taking its lowest path across the sky. This illustration shows that the shadow cast by the house will not reach the neighboring house at noon on the winter solstice. The exhibit also shows the shadow that a building would cast if built to a height of 30 feet at the side yard setback, allowable by code without discretionary review. This shadow reaches far further, and casts shade on the neighboring house to the north. Staff also conducted a sun angle declination study, independent of the applicant's. This study verified the information the applicant submitted. In addition, recognizing that noon is the time of the day on the winter solstice when the sun is at its highest, Staff took the study further to investigate the shadows cast when the sun is lower in the sky. Staff used the plan that the applicant submitted for the house location, and while the plan does not show all the detail of the neighboring house, the study gives a reasonable generalization of the results as applicable. Staff concentrated on the shadows cast by the peak of the proposed roof, as this is the highest portion of the house. The results of this study showed that the eastern most portion of the Ashiku house would cast a shadow onto the westernmost portion of the neighboring house beginning at approximately 9:00 a.m. on the winter solstice. This shadow would be approximately 6 ½ feet high, but as the sun is still rising, the shadow would diminish in height as it moves eastward across the face of the building, and would be completely off the building prior to 10:00 a.m. The proposed house would not cast a shadow on the house to the north for the rest of the day. In an urban setting, most houses will have shadows cast on them from neighboring houses, and will cast shadows onto neighboring houses when the sun is Iow in the sky. Since the potential shadow cast on the neighboring property is a relatively small shadow for less than an hour on the winter solstice, it is insignificant for an urban setting. Furthermore, the illustrations ignore the mature trees and shrubbery at the property line between the houses that will cast far more shadows than the proposed roof peak, so the results of the studies are in fact moot. The applicant shared this information with the neighbors to the north and indicated to Staff that they now support the project. Items of Controversy: Some neighbors expressed concern for the project through the first public hearing process, and a petition was submitted to Planning Staff listing the reasons for opposition. The applicant requested a continuance to address these concerns. The following is a list of the concerns with how the applicant addressed these issues and Staff's analysis of each. . Opposition Reason: A building 40' in height detracts from the aesthetic appeal of the neighborhood. This neighborhood is known for its large redwood, Douglas fir and oak trees not 40' high homes. In addition, several of these trees may need to be removed in order to complete construction. Applicant's Solution: Lowered height to 34 feet. Prepared illustration depicting effect of 34-foot high home in relation to 30-foot high home at setback line. Applicant does not intend to remove large healthy mature trees to facilitate construction. Staff's Analysis: The reduced proposed height of the home to 34 feet addresses this issue, and the height of the proposed house will be lessened, or dwarfed, in comparison to the surrounding trees. In addition, large existing trees and vegetation screen the house except from directly in front of the house. The applicant's exhibit illustrates that the visual effect of a 34-foot high home 29 feet back from the right-of- way is less than the visual effect of a 30-foot high home set back 20 feet as allowed by code without discretionary review. Staff concludes that this issue is resolved. Minor Use Permit Application No. 04-09 Attachment . . Opposition Reason: A building 40' in height will block sunlight and the view of the foothills and/or surrounding neighborhood. Applicant's Solution: Height lowered to 34 feet. Staff's Analysis: See Sun Angle Declination Study information above. Large existing trees on the lot are substantially taller than the proposed height of 34 feet, and therefore negate the effect of potential views blocked by the proposed house addition. Staff concludes that this issue is resolved. Opposition Reason: A building 40' in height does not fit on this block of Spring Street. The majority of homes are single story homes. Even the two story homes are less than 30'. Applicant's Solution: Height lowered to 34 feet. Staffs Analysis: There are presently 12 single-story homes and 4 two-story homes on Spring Street between Clay and Jones. The houses on this block of Spring Street are a mix of many different styles of architecture, a mix of different sizes, and have various setbacks. Neither the General Plan nor the Zoning Code prohibits a house from being larger than surrounding houses in the neighborhood. As this house is difficult to see from the north or the south and it has comparatively large setbacks, it cannot be readily compared to adjacent houses, and a house 34 feet tall in this location will not significantly change the character of the neighborhood. Staff concludes that this issue is resolved. 4. Opposition Reason: A building 40' in height located close to the street (as proposed) will be an eyesore. , . Applicant's Solution: Height lowered to 34 feet. Prepared illustration depicting effect of 34-foot high home in relation to 30-foot high home at setback line. Staff's Analysis: See No. 1 above. Staff concludes that this issue is resolved. Opposition Reason: 30' maximum building height is appropriate and reasonable for this neighborhood and for Mr. Ashiku's expansion needs. Applicant's Solution: Height lowered to 34 feet. Exhibits prepared comparing proposed height with heights and setbacks allowable by Zoning Code. Staff's Analysis: While the proposed height is in excess of the neighboring homes, in determining whether or not the proposed 34-foot high structure is appropriate and reasonable for the neighborhood, it is also necessary to consider the location of the home on the subject property, the relative size of the subject property, the location of the home on the subject property, and the existing vegetation that screens and breaks up the view of the subject house. When these factors are considered, the proposed 34-foot height may not only be appropriate and reasonable, but is proportionally compatible and may actually provide a balance that the neighborhood and/or the property are presently lacking. The Code does not dictate or limit the reasons why an applicant may request relief from the standards through the Use Permit process, so the applicant's personal needs are not pertinent to the discretionary review process. Staff concludes that this issue is resolved. Opposition Reason: The windows from the 2nd floor and attic of the proposed building will infringe on our rights to privacy in our homes and yards. These windows will give direct view inside homes and yards 3 or 4 lots away. Applicant's Solution: Height lowered to 34 feet. Minor Use Permit Application No. 04-09 Affochmenf Cf .T,- ~ 6 Staff's Analysis: Large existing trees on the lot block views to most neighboring properties. No window is proposed for the attic. An attic is not a conditioned living space, so logically this would not infringe on the privacy of persons of normal sensitivity. Zoning Code applicable to primary residences in the R-1 District does not prohibit additions that have windows in view of neighboring properties. Staff concludes that this issue is resolved. 7. Opposition Reason: The historically important William "Bud" Chessall Estate (c. 1890) will be replaced with a modem structure. The Chessall House defines this block. Applicant's Solution: The original design of the house maintained the original and arguably historically significant 12-foot ceilings of the existing first floor. Through response to the controversy over the height of the building, the applicant was forced to lower the original ceiling height on the first floor to 10 feet. Nevertheless, the proposed house design, while introducing change is sensitive to the character of the original house. Staff's Analysis: Demolition of the existing house would require a Demolition Permit approved by the City Council; however, significant renovation or remodel is legal with a Building Permit only. The request for relief from the height limit is the only issue requiring discretionary review. Nevertheless, the applicant has indicated that apart from the necessary renovation, he does not intend the architecture of the house to appear "modern", but intends to build a house that is complementary to the existing home, and to other homes in the neighborhood. Staff concludes that this issue is resolved. Airport Master Plan: According to the compatibility criteria of the Ukiah Municipal Airport Master Plan, the project site is located in Compatibility Zone D. There are no restrictions listed in the compatibility criteria that would prohibit the proposed project. Public Works: Street frontage improvements and/or repairs may be required as part of the Building Permit. CONCLUSIONS: The original proposal for a 40-foot +/- height limit brought considerable objection from neighbors and other concerned citizens. While the applicant could have pursued this height limit, he instead requested a continuance to address neighborhood concerns. Even though the applicant had valid reasons for the original design, he listened closely to the reasons for objection, and opted to revise the application significantly to address the concerns of his neighbors. He responded by substantially reducing the proposed height and compromising his own design objectives, and by submitting exhibits illustrating that the proposed house addition is appropriate for the neighborhood, is compatible with surrounding land uses, and will not be detrimental to the public's health, safety, and general welfare. The applicant requested relief from the height limit to accommodate a relatively high existing raised foundation to the first floor, efforts to maintain a historically high existing ceiling in the first floor, while reduced in height from that which exists, and the applicant's wishes to achieve an attractive architectural appearance and reduced maintenance through a steep roof. These reasons are all valid reasons to request relief from the height limit. Considering the relatively large size of the subject property, 20,932 square feet, the excessive setbacks from the property lines to the house, and the mature trees and vegetation screening the subject house, as well as the factors leading to the need for relief as listed above, Staff considers this project an excellent example of why the code provides opportunity for relief from the height limit through the discretionary review process. It is common real estate knowledge that upgrades to existing homes including renovations, remodels, and additions, generally add value to the neighborhood and increase the value of neighboring properties. This in conjunction with the fact that the resulting finish product from the proposed increase in height limit is less intrusive than that which the code allows without discretionary review, and it is compatible with the character of the neighborhood and neighboring properties, results in a conclusion by Staff that the project not only meets General Plan objectives, intent of applicable Zoning Codes, and requirements for mandatory Use Permit findings, but actually benefits the neighborhood and neighboring property owners. Minor Use Permit Application No. 04-09 Attachment # ~ '" 7 FINDINGS: The Planning Department's recommendation for the approval of Use Permit 04-09 is' based, in part, on the following findings: , The development of the addition to the house to a height of 34 feet, as conditioned, is consistent with the General Plan goals and policies for the Low Density Residential land use classification, because the second story addition is a single-family residential use that does not constitute a significant change in the comfort or appearance of the neighborhood, which contains an eclectic mix of architectural styles, lot sizes, setbacks, and building sizes and heights; , The development of the addition to the house to a height of 34 feet, as conditioned, is consistent with the applicable use and development standards for the R-1 (Single Family Residential) Zoning District, because the building is located on a relatively large property, the subject building is set back from the property lines in excess of the minimum setbacks allowable by code, and the portions of the building for which the applicant is seeking relief are limited to the peak of the roof and the chimneys, thus the effective visual massing and height effect of the proposed addition to the building is less severe than that which the code allows without discretionary review; , No mature or native vegetation would be removed from the area to be developed as a result of the development of the project, and sufficient mature trees and vegetation would be retained for purposes of screening the proposed 34-foot high residential structure so that the house is mostly invisible from the neighboring properties to the north, south, and west; 4. Tall existing trees on the subject property extend beyond the proposed 34-foot height limit, so the proposed house addition will not substantially block views from neighboring properties to the hills or the sky; . The design and building materials proposed for the residence are similar to the design and building materials on the existing residence on the site and on buildings on abutting lots that the building would not establish a unique or adverse visual effect; , The proposed increase in height limit for the residence to 34 feet, as conditioned, is compatible with surrounding land uses and would not have a detrimental effect on the character of nearby residential homes, because in consideration of the location of the home on the subject property, the large setbacks in excess of those required by code, the relative size of the subject property, and the existing vegetation that screens and breaks up the view of the subject house, the proposed 34-foot height is proportionally compatible, appropriate, and reasonable; , Since the design and building materials will not establish a unique or adverse visual effect, and since the proposed increase in height limit for the residence is proportionally compatible, appropriate, and reasonable, the project does not constitute a significant change in the comfort or appearance of the neighborhood; , According to photos of the subject property depicting existing mature trees on the property and according to the sun angle declination study prepared by Staff and on file in the administrative record, the development of the project, as conditioned, will not be detrimental to the public's health or comfort, since it will not significantly reduce the amounts of light and air reaching neighboring properties or the public right-of-way; , The development of the project, as conditioned, will not be detrimental to the public's safety, because renovation of the existing potentially unsafe building eliminates potential dangers, and the new construction will be subject to current building and fire codes to reduce the potential for fire, life, and safety hazards; 10. The development of the project, as conditioned, will not be detrimental to the public's general welfare, because the increase in house height is proportionally appropriate on the subject property and will be architecturally complementary to the neighborhood, the existing house in its present condition is in need of renovation, and the remodel will add value to the neighborhood and neighboring properties. Minor Use Permit Application No. 04-09 Affc~chment # ,,~ - ~ s CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Minor Use Permit 04-09, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: All use, construction, or occupancy shall conform to the application approved by the Zoning Administrator, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. , Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Zoning Administrator. , In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 4. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. . Building Permits shall be issued within two years after the effective date of the Use Permit, or it shall be subject to the City's permit revocation process and procedures. In the event the Building Permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. , The approved Use Permit may be revoked through the City's revocation process if the approved project related to Use Permit is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty-four (24) consecutive months. . Except as otherwise specifically noted, the Use Permit shall be granted only for the specific purposes stated in the action approving the Use Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. 8. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. , Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Saturday unless additional hours of construction for special construction activities or projects are reviewed and approved by the Planning Director. 10. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. 11. The Conditions of Approval for this project shall be included on all sets of building plans or other permit applications related to the construction of the project. ATTACHMENTS: 1. Project Plans including Elevations, Noon Sun Angle Exhibit, and Plot Plan. Staff Report Prepared by: Brian Keefer, Associate Planner Minor Use Permit Application No. 04-09 Attachment # ~-- ~' Ms. Judy. Pruden . Ukiah History Specialist -- Bldg. Preservation &. Research - 304 South Hortense Ukiah,. CA 95482' 707-462-4945 · · TO: Brian Keefer, PLANNING DEPT. .RE: 510 S. Spring St., .minor use permit i i 6 April, 2004 Thank you for taking the time to discuss with me the appli ' cation submitted by Mark As~'~F4J. for 510 S. Spring St. Although .the proposed design I sa~ was attractive on paper it does not fit into the neighborhood. The 40' height is too tall .for the cu~rgnt frontyard set-back and. the entire massing · of the structur~ is tOo 'large for'the Sca~e of neighborhood and the street width. This is a narrow street with modest size,houses. .. However, my greater concern is the loss of a significant cultural resource, the Chessal estate. The.~'proposed remodeling will destroy the ·home's historical a~chitectural character. Most individuals, like myself, buy'important historical pro- perties %o restore them. Sympathetic'.additions can be added which will not ruin the architectural integrity. The current design will result in a delisting of the property from the city's historical-architectural inventory. This is a sad comment'and possible conclusion for'an important part of Ukiah's history. I would urge the owner to:'.reconsider his pla~ and·to consult an historical preservation, a~chitec% who can guide the owner through a restoration and a creative solution for for additional space and modernization. Throughout. the United States ol'der historical neighborhoods are being destroyed by the .remOval or remodeling 'of smaller Cb~A'..~ling homes. Thei'rePlace'ments structures are too large too tall and 'out' of scale and. character to their surroundings. · I am asking that the minor use permit fo.r..th, e 40' height not be granted. APR - 7 2004' CITY OF UKIAH CITY CLERK'S DEPARTMENT 'Sincerely yours, Affachment #' '3 April 7, 2004 Mr. Brian Keefer Associate Planner City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RECEIVEP RE: Minor Use Permit Application No. 04-09 as submitted by Mark Ashiku Mr. Keefer, Thank you for taking the time yesterday to explain Mr. Ashiku's plans for expanding his existing home with the above referenced Use Permit. Although we acknowledge that Mr. Ashiku's intent to improve his property is good for the neighborhood, his building plan is not. His request to increase the maximum allowable building height from 30' to 40' is entirely unacceptable. In addition, he will be replacing an historically important building (the Chessall House c. 1890) with a modem structure. The Chessall House has defined this block of Spring Street for over 100 years. We are certain that you, as a planning professional, will agree when we say that Mr. Ashiku can build a fine, architecturally magnificent two-story home within the 30' height restriction of the building code. In fact, from our review of the plans yesterday, it appeared that Mr. Ashiku's two stories would be completed within the first 21'(+/-- to the top of the 2nd story ceiling). Even allowing for a 12/12 pitch roof, why does he require an additional 19' of building height? This is not necessarily an issue of setbacks, as Mr. Ashiku's structure will be appropriately located on his property (side and back). The setback from the street however is less than adequate for a 40' high building. Moreover, this is an issue of altering the skyline of a scenic neighborhood predominantly characterized by single family homes significantly less than 30' in height. Our home is two stories and it is less than 21' to the top of the peak. The home adjacent to us is two stories and is less than 26'. To visualize.nearly doubling the height of our house is awesome. A 40' structure will be an eyesore in full view of homes not only from Spring Street but from other streets as well. In addition, the proposed windows from the 2nd floor and especially the attic of this 40' home will look down into the windows and backyards of homes three to four lots away. Our backyard and windows will be in full view of this ill-conceived structure and we are two houses away. Mr. Ashiku's plan calls for approximately 2,700 square feet. The first floor is 1,900 square ................... feet and is. already.~_xisting~_lEhy_does hemquire_4_O .... n. b_eight(more-tha_udoubling_his ........... existing home's height) to add 800 more square feet? This does not add up. ,... Attachment ~ ~--// To get a better idea of the scale of this proposed structure, we gOt together with a neighbor to view another recently renovated home that is approaching 40' in height. This home is owned by Dennis Yeo at 612 West Smith Street. The home is approximately 36' in height and is avery beautiful Victorian that fits both the Scale of other homes in the adjacent neighborhood and the width of the street. At 36', this house is very tall and quite impressive from a size perspective. It would not fit with the other homes on the 500 block of Spring Street however. Our block is very narrow- barely wide enough for two cars to pass when other vehicles are parked on the street. Our homes do not exceed 30' in height - in fact most are single story structures (12 single story, 5 two-story by my count). The Spring Street neighborhood is known for its largetrees and charming homes. If Mr. Ashiku is allowed to build this 40' giant, the neighborhood will be known for the home that can be seen from a distance - not the trees. When our easterly neighbors look toward the Western hills, they will see the Ashiku house first and foremost. The setting sun will be obscured well before it sets behind the hills. When our westerly neighbors on Oak Park Avenue look toward the East and downtown, they will see the massive 40' of house and roofline as well. If the inherent beauty of the West Side of Ukiah is worth maintaining, please deny Mr. Ashiku's request. As our City Officials, we are relying on you to maintain the integrity of our neighborhOods. 30' is a very reasonable height limit. 40' is not. Sincerely, Aaron C. Niderost Michelle A. Niderost 522 South Spring Street Ukiah, CA 95482 707-468-0845 Attachment # ~ --/~-- Wednesday, April 07, 2004 Dear Charles Stump, Brian Keefer, and Whom It May Concern, The following letter is addressing the Minor Use Permit Application No. 04-09 asking for an exception to the city's building height of 30 feet for a residential building. The house is located at 510 South Spring Street. I believe the remodeling project should not be allowed to exceed 30 feet in height the following reasons. By allowing the expansion of this home, to exceed the city standards of 30 feet, it will change the character of this established neighborhood; one which on the East side of Spring Street between the block of Holden and Jones Street is predominately one story older "California bungalows" and "Cottages." While the West side of the street is a mixture of first and second story homes and not exceeding the 30 foot height requirement. . If the house was to exceed the 30 foot limit it would become a "giant" in a little village of houses and change the aesthetics of the neighborhood. No home in this area comes close to the proposed height. . The proposed changes to the height and roof line of the original building will eliminate any resemblance to the original "Chessel" House Estate (as pictured) and sever the ties of its historical significance forever. (I understand it is not registered as a historical house, and therefore a second can be added.) The Chessel House Circa 1890 before the addition of the sunroom on the south wall and current building codes. Attachment #_ J --/7, e . South Spring Street is a narrow section of street between the blocks of Clay and Jones Streets; becoming a one way street when cars are parked on the road. .Therefore, the distance between the East and West sides of the street are closer together when compared to the wider sections of Spring Street to the north of Clay Street. Because of the streets narrow width a tall building (exceeding 30 feet) will be closer in proximity to the neighbors across the street. Because of the height increase of the structure neighbors will lose privacy in their yards across the street and several houses away. 6. Skyline views will be blocked or impeded. There is a possibility of a loss of trees, as the canopy may need to be trimmed back for building purposes. Homes above 30 feet are not a welcomed addition to the community. The area between Dora and Oak Park are mostly single story homes with a few exceptions. A tall home over 30 feet will stand out as a negative addition to the community. I hope you will take my comments into consideration when determining the out comes of the project. Thank you for you time. Sincerely, Rebecca J. Thune 519 South Spring St. Ukiah, CA 95482 707-463-0516 Affachment #..~-? ~ Ronald and Francine Selim 500 South Sprin. g Street ah, forn a 95482 April 7, 2004 Brian Keefer City of Ukiah Planning Department 300 Seminary Avenue Ukiah, California 95482 Dear Mr.. Keefer: Subject: Proposed height variance Mark and Myra Ashiku's home 510 South Spring Street The issue of the Ashiku's request for a height variance to 40-foot has come to our attention. We have signed a neighborhood petition to deny the application, but due to previous family obligations will be unable to attend the hearing currently scheduled for April 13~. It is our understanding after a conversation with Mr. Ashiku that he is requesting a postponement of the hearing so that some of the neighborhood concerns can be addressed and possibly resolved amicably. hope that the new date will be scheduled after the 26· of April It is our would be able to attend, so that we Our specific concerns are as follows. · We built our passive solar home to maximize the benefits of the winter sun and minimize the effects of the hot.summer sun, placing it with windows facing the south and the long exposure rUnning from east to west. We have never needed air-conditioning, and have used minimum, amounts of gas and electricity for heating. It is likely that the 40-foot height of the Ashiku home would block much ~of our winter sun, reducing light and solar space heating. · We have used solar roof panels for heating our water. They operate efficiently on sunny days during the winter. We are concerned that the Ashiku hOme will limit their effectiveness. Affachment # .-~- / ~ We never received written notice from the City of Ukiah regarding the Ashiku's request for the variance, the hearing date, and the process for addressing concerns even though we live next door, however we just received one regarding a gas station downtown! We have had several conversations with Mr. Ashiku and actually learned of his plans from him. Initially, we understood from him that he intended the height to be 33 to 34-foot, but that it had been recommended by someone in the Planning Department that he request 40-foot just to be safe. We were surprised to learn from others that the plans, which we had only glanced at, actually showed a 40-foot structure. After signing the petition we spoke with him again and expressed our concerns regarding the loss of winter sun and what we felt might have been misrepresentation on his part. He has suggested that we use survey instruments to determine the effect of the proposed structure. We will complete that study in the next several weeks. Thank-you for your attention in this matter, and we trust that all who have concerns will have an opportunity to express them and have them addressed by the Planning Department and/or Mr. Ashiku. Again, we ask, as has Mr. Ashiku, that the hearing be delayed until we are able to discern the likely effects the proposed height increase would have on our home. Sincerely, R . AffaChment # ~-/& · __ April 7, 2004 Mr. Brian Keefer Associate Planner City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Minor Use Permit Application No. 04-09 as submitted by Mark Ashiku Mr. Keefer, We the undersigned individuals strongly oppose Mr. Mark Ashiku's request for a variance of the maximum building height from 30' to 40' per the Use Permit application above. Our reasons for opposition are listed as follows: 1. A building 40' in height detracts fi'om the aesthetic appeal of the neighborhood. This neighborhood is known for its large redwood, Douglas fir and oak trees not 40' high homes. In addition, several of these trees may need to be removed in order to complete construction. 2. A building 40' in height will block sunlight and the view of the foothills and/or surrounding neighborhood 3. A building-40' in height does not fit on this block of Spring Street. The majority of homes are single story homes. Even the two story homes are less than 30'. 4. A building 40' in height located close to the street (as proposed) will be an eyesOre 5. ' 30' maximum building height is appropriate and reasonable for this neighborhood and for Mr. Ashiku's expansion needs 6. The windows from the 2nd floor and attic of the proposed building will infi'inge on our rights to privacy in our homes and yards. These windows will give direct view inside homes and yards 3 or 4lots away. 7. The historically important William "Bud" Chessall Estate (c. 1890) will be rePlaced with a modem structure. The Chessall House defines this block. Sincerely, . - q 7 ........ Attachment # - / 7 -- Affachment # ,~ -/~¢' April 7, 2004 Mr. Brian Keefer Associate Planner City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Minor Use Permit Application No. 04-09 as submitted by Mark Ashiku Mr. Keefer, We the undersigned individuals strongly oppose Mr. Mark Ashiku's request for a variance of the maximum building height from 30' to 40' per the Use Permit application above. Our reasons for opposition are listed as follows: 1. A building 40' in height detracts from the aesthetic appeal of the neighborhood. This neighborhood is known for its large redwood, Douglas fir and oak trees not 40' high homes. In addition, several of theSe trees may need to be removed in order to complete construction. 2. A 'building 40' in height will block sunlight and the view of the foothills and/or surrounding neighborhood 3. A building 40' in height does not fit on this block of Spring Street. The majority of homes are single story homes. Even the two story homes are less than 30'. 4. A building 40' in height located close to the street (as proposed) will be an eyesore 5. 30' maximum building height is appropriate and reasonable for this neighborhood and for Mr. Ashiku's expansion needs 6. el'he windows from the 2"a floor and attic ofth'e proposed building will infringe on our rights to privacy in our homes and yards. These windows will give direct view inside homes and yards 3 or 4 lots away. 7. The historically important William "Bud" Chessall Estate (c. 1890) will be replaced with a modem structure. The Chessall House defines this block. Sincerely, Anachment # ~ Affachment # .,7 - 2.- D RECEIVED Brian Keefer Associate Planner City of Ukiah 300 seminary Avenue Ukiah, CA. 95482 APR 1 2 201R fllY OF UKIAit April 12, 20O4 Re: Minor Use Permit Application No. 04-09 510 South Spring St. Ukiah Ca. Dear Mr. Keefer, This is a follow-up to my verbal request for a use permit meeting extension made to you on 4-7-04 at the planning department. I am requesting an extension of the original hearing date until after 4-19-04 to allow time to address concerns at the neighborhood level. It is come to my attention that several neighbors have questions about the use permit application as submitted. To my great surprise, a great deal of confusion exists over the scope and the impacts of the project on the neighborhood. It is the result of some gross distortions by some individuals and a lack of understanding of the scope of the project and the representation of this disinformation to others that is creating this disproportionate neighborhood I have met with several neighbors and would.like time to meet with as many neighbors as possible to correct misunderstandings and to address their concerns at thc neighborhood level before appearing for the use permit hearing. I have met with the Salem's, the neighbors immediately to the north. The Salem's will be out ofthe area until April 19, I would like an extension until after the 19t~ to allow them to be present. As I have already advised you, I have instructed the architect of a 34' maximum building height not the 40' height that appears on the application. I have also asked the architect for additional materials that will give the neighbors a better understanding of thc scope and nature of the actual project. An extension of the meeting date will allow me time to present this material to them. Measurements demonstrate the existing roof to be 26'. I have decided to place an 8' 2x4 on the peak ofthe roof to help people visualize the new height (8'+26'=34'). I also intend to post a "Story Board" with the 34' plans and an explanation of the project to help answer questions and generally reduce cOnfusion on the part of the neighbors: Once again an extension of the meeting date will allow for dissemination of this information and allow time for balanced input from my neighbOrs. Attachment# I have had two neighbors who signed the petition again~ the use permit approach me Unsolicited and apolo~?~ for signing it. Both are in support of the remodel. One likes the 34' height and the other said that original design 40' was fine with him. Another neighbor approached me'and offered his support for the project with no concern about height. This also was an unsolicited encounter. An extension of the meeting date of three weeks would make .it possible to include all neighbors in the process. Sincerely, - 510 South Spring St. Ukiak Ca. Attachment-# ~' "~' 7~ · Minutes Zoning Administrator Meeting April 13, 2004 Staff Present Charley Stump, Zoning Administrator Brian Keefer, Planning Associate Cathy Elawadly, Recording Secretary Others Present Mark Ashiku Marian Scalmanini Aaron Niderost Ruth Sander Becky Thune Joan Hermann Gregg Foss The meeting was called to order by Zoning Administrator Stump at 10:09 a.m. in Conference Room No. 1, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 2. SITE VERIFICATION: Site visit for item 6A was verified. 3. APPROVAL OF MINUTES: NIA 4. APPEAL PROCESS Zoning Administrator Stump read the appeal process to the audience. matters heard at this meeting, the final appeal date is April 23, 2004. For 5. NOTICE VERIFICATION Associate Planner Keefer advised Minor Use Permit No. 04-09 was legally noticed in accordance with the provisions as outlined in the City Municipal Code. He noted some apparent public noticing issues were raised by neighbors. 6. PUBLIC HEARINGS 6A. Minor Use Permit No. 04-09, as submitted by Mark Ashiku to allow the increase of the building height from 30 feet to 40+/- feet for a proposed second story addition onto the existing house, located at 510 South Spring Street, (Assessor Parcel No. 001-253-27); in the R-1 (Single Family Residential) Zoning District. Zoning Administrator Stump reported the applicant has requested the hearing on this matter be continued to a date uncertain, noting the applicant desires to revise his plans. As a result, Mr. Stump elected to dispense with the presentation of the staff report. It was noted the Planning Department has the letters addressing the project from concerned citizens on file. He welcomed testimony from persons desiring to comment on the project at today's hearing. Zoning Administrator Meeting Page ! Affachment # April 13, 2004 PUBLIC HEARING OPENED: 10:10 a.m. Becky Thune, Ukiah, requested clarification regarding the difference between a Variance and a Minor Use Permit. Mr. Stump stated the UMC specifically provides for a relief procedure for building height through the Use Permit process rather than the Variance process in the R-1 Zoning. A Variance was formally required for projects seeking relief from the building height requirement with projects exceeding the 30-foot height limitation. However, a Variance is still required for applicants seeking relief from the minimum setback requirements and/or other zoning requirements. The Ukiah City Council instituted a procedural change for applicants seeking relief from the building height requirements from a Variance to a Use Permit. Mr. Stump stated a Minor Use Permit is addressed in the UMC, noting a number of Findings must be made to support approval. Establishment of the necessary Findings to support the relief is the key element concerning the definition of a Minor Use Permit. Similarly, a number of Findings must be made to support the approval of a Variance or Use Permit from the Zoning Administrator and/or City Council upon appeal. The primary Finding for this project is to determine whether the added height above the 30-foot maximum would have an adverse impact on the public health, safety, and general welfare of the community. It was noted the definition of public health, safety, and general welfare is not specifically defined in the UMC and is considered to be a standard legal finding utilized by cities throughout the State. Becky Thune commented on the building heights in her neighborhood, noting they do not exceed 30 feet. She expressed concern that the proposed project, as revised, would significantly create visual impacts and potential loss of privacy to her. She emphasized the importance for projects being required to maintain the visual integrity and privacy of neighborhoods. She supported the concept of encouraging projects to be architecturally pleasing relative to the application of appropriate design standards to ensure neighborhood compatibility and maintaining overall community building design congruency. She also supported the concept of providing for the preservation of historically significant buildings by ensuring that all renovations/improvements maintain the historical aspects of the structure. She referenced her letter addressing the project dated April 7, 2004, which provides a photograph of the house in 1890 prior to the addition of the sunroom on the south wall to demonstrate the historical significance of the building. Mr. Stump stated a section of the Ukiah General Plan specifically addresses the issue of historical preservation. The Plan, which was adopted in 1995, also provides specific guidelines for development of the City for the next 20 years. He Zoning Administrator Meeting Page 2 Attachment # ,~-- ~ April 13, 2004 further stated the City does have a strategy and vision concerning future development. Ruth Sander, Ukiah, questioned the process on how the development strategy is implemented. Mr. Stump stated the planning/development strategy encompasses a broad spectrum of elements that include design standards for the various zoning districts, effective land use/environmental planning, compatibility, potential impacts to neighborhoods, project consistency with the Ukiah General Plan, the Ukiah Municipal Airport Plan, and the Zoning Districts for the various zoning classifications, and other development-related issues. Becky Thune, further expressed concern that the potential building mass may be magnified by the fact that Spring Street is very narrow, where the size of the building would be enhanced. Gregg Foss, Ukiah, expressed concern about the public noticing process and desired assurance that the neighborhood would receive the proper noticing for the next hearing on this project. Joan Hermann, Ukiah, commented she lives in a historical home that was constructed in 1910 and purchased it because of its historical significance. She expressed concern that the proposed project may alter/change the historical character of the home. She supported the concept that owners of historical significant homes give consideration toward preserving their historical character. She inquired whether there was an active committee of community members interested in the issue of maintaining the historical character of homes. Mr. Stump replied there is no active committee, noting there have been people interested in historical buildings in the past. These people assisted with preparing the historical and archaeological elements of the Ukiah General Plan. Marion Scalmanini, Ukiah, commended the applicant for revising his project plans to address the neighbors' height concerns. Mark Ashiku, 510 Spring Street, Ukiah, Applicant, provided an overview of his initial project, as well as the revised plans and changes to the building height. His intent has been to fully evaluate the project to ensure the architectural issues were appropriately addressed both for the interior and exterior of the structure and that the historical preservation of the building would be maintained. He referred to the proposed site plans, and identified the problems associated with the roofline and change in pitch in conjunction with the height issue. He would be amenable to working with the neighborhood to make the proposed remodel and change in roof height to be architecturally pleasing and compatible with the other neighborhood residences. He welcomed input from the neighborhood and Zoning Administrator Meeting Page 3 Attachment # ~/.-.- ,~ April 13, 2004 encouraged them to review his plan objectives in terms of architectural design and the need for the increase in building height. Aaron Niderost, Ukiah, commented he has discussed the project with the applicant and appreciates that Mr. Ashiku is amenable to working with the neighborhood on the height issue. A general discussion followed regarding the roofline and importance of preserving the historical character of the home. PUBLIC HEARING CLOSED: 10:42 a.m. Mr. Stump acted to continue the hearing concerning this agenda item to a date uncertain, and instructed staff to re-notice the project as required by the UMC and to all neighbors who signed the submitted petition. 7. ADJOURNMENT There being no further business, the meeting was adjourned at 10:48 a.m. Charley Stump, Zoning Administrator Cathy Elawadly, Recording Secretary Zoning Administrator Meeting Page 4 Attachment # ~"~' 4~ April 13, 2004 Minutes Zoning Administrator Meeting June 17, 2004 Staff Present Charley Stump, Zoning Administrator Brian Keefer, Planning Associate Shannon Riley, Recording Secretary Others Present Mark Ashiku, Applicant Becky Thune Greg Foss Alice Clare Swan Judy Pruden Joan Hermann Nikola Ashiku The meeting was called to order by Zoning Administrator Stump at 1:35 p.m. in Conference Room No. 3, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 2. SITE VERIFICATION: Site visit for item 6A was verified. 3. APPROVAL OF MINUTES: N/A 4. APPEAL PROCESS Zoning Administrator Stump read the appeal process to the audience. matters heard at this meeting, the final appeal date is June 28, 2004. For 5. NOTICE VERIFICATION Associate Planner Keefer advised Minor Use Permit Amendment No. 04-09 was legally noticed in accordance with the provisions as outlined in the City Municipal Code. g PUBLIC HEARINGS Minor Use Permit Amendment No. 04-09, as submitted by Mark Ashiku to allow the increase of the building height from 30 feet to 34 feet for a proposed second story addition onto the existing house, located at 510 South Spring Street, (Assessor Parcel No. 001-253-27); in the R-1 (Sin.qle Family Residential) Zoninq District. The oriqinal application requested an increase to 40 feet +/- heiqht. Due to neiqhborhood concerns voiced at the first public hearinq on April 13, 2004, the applicant adjusted the design to reduce the height to 34 feet. Associate Planner Keefer reported that, since the last public hearing on this matter, the applicant has reduced the height of his project in an effort to comply with the neighborhood's concerns. Staff feels that each of the items of concern Zoning Administrator Meeting Page I Attachment # June 17,2004 has been resolved by the applicant's revisions and that the proposed addition is proportionally appropriate for the lot. Mr. Keefer submitted photos for consideration that depict the displays created by the applicant for the neighborhood meeting and the view of the house from a neighboring yard. He also described additional drawings submitted by the applicant that demonstrate the visual impact of the project from various angles, a sun angle declination study, and an overview of the shadows cast by the proposed project. PUBLIC HEARING OPENED: 1:50 p.m. Mark Ashiku, Applicant, explained that he has attempted to address the neighborhood's concerns. He has met privately with several of the neighbors, including the neighbors to the north, who are most likely to be impacted. These neighbors, the Selims, are no longer opposed to the project. Mr. Keefer reported that the neighbor to the south contacted him today to report that she no longer objects to the project. Alice Clare Swan stated that she has a two-story home that is 28 feet tall and sees no need for anything taller. She expressed concern that a tall "granny unit" might also be added to this neighborhood if this project sets a precedent. Becky Thune stated that Mr. Ashiku's projections are not accurate, as the photos are not taken from the front of the house. Also, the fact that some of the trees will lose their leaves should not justify a steep roof, as this type of roof alone will not guarantee that roof maintenance will be avoided. Finally, building setback requirements are not the same as they were historically, and she does not feel that this project necessarily maintains the historical integrity of the neighborhood. Twenty-eight feet in height would be more consistent with the surrounding homes and would not subject the neighbors to a potential invasion of privacy. Joan Hermann stated that this neighborhood is known for its "bungalows," and a 40-foot high building is not a bungalow. Judy Pruden stated that a steep roof can be achieved on a 28 or 30 foot high home, cited several local examples, and urged the applicant to consider this alternative. Because this applicant is not attempting to restore the home to historical standards, no argument can be made that this height increase is historically necessary. She recommended refusal of the use permit. A brief discussion followed regarding perspective and how the height of project is affected by the height of the property, the setback from the street, and other related issues. Zoning Administrator Meeting Page 2 Attachment #_ _~' ~ June 17, 2004 Greg Foss reported that he has recently heard that the foundation is failing on the project, and if this is true, wondered why the foundation couldn't be lowered in order to reduce the overall height. Mr. Ashiku explained that, because the property is on a slope and the back part of the home is actually only about six inches above the ground, reducing the height of the foundation would require embedding part of the foundation in the ground. This is not practical or desirable, especially during the winter months. Mr. Foss stated that he still believes this project is incompatible with the neighborhood, and is concerned with the precedent that approval would set. He agrees with Ms. Pruden that a two-story home with a steep-pitched roof can be attained within the 30-foot requirement. Ms. Thune cited the town of Mendocino as a good example of a community that does not allow structures above 28 feet, and yet the buildings maintain the historical integrity of the time in which they were built. Mr. Ashiku reiterated that he has carefully considered the neighborhood's concerns and noted that it is unfair to compare his home to others in the community simply because of a fear of unreasonable growth. Particularly because of the isolated nature of this lot, he feels that his proposed project will neither set a precedent for excessively tall structures nor negatively impact the neighbors. He also reminded the attendees that the neighbors who initially seemed most concerned about the project are no longer opposed to it, including those immediately to the north and south. PUBLIC HEARING CLOSED: 2:27 p.m. Zoning Administrator Stump thanked staff and public for their comments and summarized the discussion. He reiterated that the key issue is whether the subject 4-feet of additional height negatively impacts the neighborhood. He observed that most neighborhoods in Ukiah are composed of an eclectic mix of architecture in terms of style, sizes, shapes, and heights. He does not find, based on the factual evidence presented, that the 4-foot additional feet would be detrimental to the health and safety of the neighborhood, and reminded the group that none of the adjacent neighbors are opposed to the project. He agrees with staff's findings, and does not believe that adding 4 feet beyond the height standard will significantly affect the historical flavor of the neighborhood or adversely impact nearby property owners. Zoning Administrator Stump stated he visited the site, is familiar with the proposed project, and based on the factual information presented, agreed with the project findings and conditions, and therefore, acted to approve Minor Use Zoning Administrator Meeting Affachment # ~- ~ Page 3 -- " , , June 17, 2004 Permit Amendment 04-09 with Findings 1-10 and Conditions of Approval 1-11, as outlined in the staff report and as discussed above. 7. ADJOURNMENT There being no further business, the meeting was adjourned at 2:35 p.m. Charley Stump, Zoning Administrator Shannon Riley, Recording Secretary Zoning Administrator Meeting Page 4 Affachment # June 17,2004 ITEM NO. 9a DATE: July 21, 2004 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT REGARDING CABLE FRANCHISE RENEWAL NEGOTIATIONS WITH ADELPHIA COMMUNICATIONS, INC, At the April 7 meeting, Council approved the issuance of a letter declaring an impasse in the negotiations with Adelphia Communications, Inc., for the renewal of the cable communications franchise within the City of Ukiah. At that time, negotiations were stalemated due in large part to Adelphia's corporate legal and financial difficulties. Many of Adelphia's corporate issues have since been resolved and negotiations are nearing completion. Staff anticipates being able to present a draft franchise agreement to Council at the August 18 meeting. As such staff is providing this status report and seeking any additional direction Council may wish to provide. The two main issues, which have been the focus of negotiations have been funding for public, education, and government (PEG) channels and the length of term of the agreement. Based on the community PEG needs assessment previously discussed by Council, the Ukiah area's PEG funding for capital needs was identified as $746,300. The needs assessment determined the total funding needs for Mendocino County, Ukiah, Fort Bragg, and Willits to be approximately $1,500,000. (Continued on Pa,qe 2) RECOMMENDED ACTION: Receive status report regarding cable franchise renewal negotiations and provide direction to staff as appropriate. 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 Description of Peg Capital funding APPROVED: ~L,~'~;~,, __~ Candace Ho'rsleyl City I~nager LD/ZIP2 Cablenegotiations7.21.04Asr Initially the negotiating team had been seeking a ten year franchise term with the $1,500,000 in PEG funding. After lengthy discussions with CSG and negotiations staff, Adelphia has been willing to commit to an overall funding of $1,000,000 countywide, spread over the length of a 15 year agreement. The funding is countywide and will be prorated to each agency based upon the number of subscribers in each jurisdiction. Ukiah contains approximately 25% of all subscribers and will therefore receive 25% (approximately $50,000) of the funds during each funding cycle. Specifically, there would be five payments of $200,000 each, received in years 1,3, 6,10, and 13. The payments in years 10 and 13 are proposed to be conditioned upon active PEG programming of at least 10 hours per week, the four agencies collecting 350 signatures of cable subscribers who support PEG, and the four agencies collecting at least $25,000 in cash or an equal amount of in-kind services for the support of PEG programming. In addition, Adelphia has been willing to add an additional grant during years 10 to 15 in the amount of $.25 per subscriber per month for every new subscriber over the number of subscribers existing on January 1 prior to the effective date of the agreement. Staff has attached an excerpt from a preliminary draft agreement, which details the breakdown of the funding. CSG has indicated, based upon the current trend in industry agreements and the rural nature of the Mendocino County franchise, that Adelphia's proposal is equitable and recommends that the four agencies accept this offer and proceed with consideration of a draft franchise agreement. The four agency negotiating team has discussed the proposal and agrees with CSG's recommendation. The alternative is to revert to the formal renewal process, which could result in significant additional costs in legal fees and delays, without a guarantee of any additional funds for PEG. Should Council determine to proceed with the PEG funding as proposed, staff will return a draft franchise agreement for consideration on August 18. AGENDA ITEM NO: MEETING DATE: July 21,2004 SUMMARY REPORT SUBJECT: DISCUSSION OF AMPLIFIED SOUND MANAGEMENT- VICE-MAYOR BALDWIN Vice-Mayor Baldwin is requesting a discussion with Council regarding City ordinances, policy and procedure related to amplified sound. His letter of explanation is attached for Council's information. RECOMMENDED ACTION: Discuss amplified sound issues and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice-Mayor Baldwin Candace Horsley, City Manager N/A 1. July 15, 2004 letter to Council from Vice-Mayor Baldwin AGENDA ITEM NO' MEETING DATE' lOb July 21,2004 SUMMARY REPORT SUBJECT: PRESENTATION BY SOLID WASTE SYSTEMS REGARDING APARTMENT RECYCLING Councilmember Andersen, representative to the Mendocino County Waste Management Board, has asked the City's garbage collection franchisee to make a presentation to the Council regarding apartment recycling. Solid Waste Systems has one of the most comprehensive recycling programs in the County. However, the apartment recycling has required a more complex strategy due to the various components and differences between apartment buildings, and there are still concerns regarding additional recycling that can be accomplished at these sites. Solid Waste Systems will present a report of their work in this area. RECOMMENDED ACTION: Receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Andersen Candace Horsley, City Manager N/A None Approved Candace Horsley, Cit~Manager 4:CAN/ASR.Presont. SWS.072104 AGENDA ITEM NO: MEETING DATE: lOc July 21,2004 SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING SB '!648 Jennifer Puser, aide to Sen. Chesbro, has requested the Council's support of SB 1648, which would affect Mendocino County's Jackson Demonstration State Forest. SB 1648 makes changes to the law regarding management of the State's forests so as to shift the purpose of managing the forests from maximum sustainable timber production to a broad range of study, maintenance, restoration, education, recreation, and public enjoyment. The bill also makes findings specific to management of Jackson Demonstration State Forest and creates two new advisory committees. Attached for Council's information is the text of SB 1648 (as it was most recently amended on June 16, 2004), a letter requesting support from Senator Chesbro, a letter from Mendocino County Board of Supervisors Chair Hal Wagenet opposing SB 1648, and three recent articles from the Ukiah Daily Journal and Fort Bragg Advocate News reporting the related discussions in Willits and Fort Bragg. RECOMMENDED ACTION' Discuss SB 1648 and determine whether the Council will support or oppose this bill. ALTERNATIVE COUNCIL POLICY OPTIONS' Discuss 1648 and determine that no action is appropriate at this time. Citizens Advised' Requested by: Prepared by: Coordinated with' Attachments: N/A Jennifer Puser, aide to Senator Chesbro Candace Horsley, City Manager N/A 1. 2. . . Text of SB 1648 June 30, 2004 letter from Senator Chesbro requesting support for SB 1648 June 8, 2004 letter from Board of Supervisors Chair Hal Waganet opposing SB 1648 July 5, 2004 article from Ukiah Daily Journal July 8, 2004 article from Fort Bragg Advocate News July 9, 2004 article from Ukiah Daily Journal Candace Horsley, '6~ty Manager 4:CAN/ASR.SB1648.072104 AMENDED IN ASSEMBLY JUNE 16, 2004 AMENDED IN SENATE MAY 24, 2004 SENATE BILL No. 1648 Introduced by Senator Chesbro February 20, 2004 An act to amend Sections 4631, 4631.5, 4635, 4637, 4638, 4639, 4640, 4651, and 4653 of, to add Sections 4638.5 mad-4/o-39-3, 4639.5, and 4654.5 to, to add Article 5 (commencing with Section 4665) to Chapter 9 of Part 2 of Division 4 of, and to repeal Section 4636 of, the Public Resources Code, relating to forest resources. LEGISLATIVE COUNSEL'S DIGEST SB 1648, as amended, Chesbro. Forest resources. (1) Existing law defines "continuous production" for state forest purposes. This bill would repeal that definition. (2) Existing law defines "forest land," for state forest purposes, as lands primarily suited to growing timber and other forest products. The bill would, instead, define that term as lands primarily suited to associated, naturally occurring, plant and animal species. (3) Existing law defines "forest products," for state forest purposes, as including sawlogs, pilings, poles, split products, pulpwood, bolts, bark, and other products. The bill would additionally include mulch and nontimber products in that definition. (4) Existing law defines "management," for state forest purposes, to mean the handling of a forest crop and forest soil so as to achieve 97 SB 1648 2 maximum sustained production of high quality forest products while giving consideration to values relating to recreation, watershed, wildlife, range and forage, fisheries, and aesthetic enjoyment. The bill would, instead, define the term to mean using a state forest for demonstrations and scientifically designed studies regarding forest resource management; timber production; maintenance and restoration of forest land resources; education; recreation; and public enjoyment. The bill would permit the board on a case by case basis to not include timber production if certain conditions exist. (5) Existing law defines "protection," for state forest purposes, to mean protection of forest trees against damage by fire, insects, disease, and trespass. The bill would, instead, define that term to mean protection of forest resources against damage by fire, insects, disease, invasive species, or unauthorized human activity. (6) The bill would define "late seral," for state forest purposes, to mean the stage in forest development that includes mature and old-growth forests. (7) The bill would define "management plan," for state forest purposes, to mean a plan approved by the State Board of Forestry and Fire Protection that provides direction to the Department of Forestry and Fire Protection regarding management of a state forest. (8) Existing law makes various declarations regarding state forest policy. The bill would amend those provisions to emphasize the variety of purposes that state forests may serve, as well as the reasons for which state forest lands may be acquired, purchased, leased, or granted. (9) Existing law requires the management of state forests and the cutting and sale of timber and other forest products from state forests to conform to regulations prepared by the Director of Forestry and Fire Protection and approved by the board, as specified. Existing law limits the sale of timber and other forest products to raw materials only. The bill would, instead, require those management and cutting and sale activities to conform to all applicable laws, including regulations adopted by the board. The bill would authorize the sale of minimally processed products, in addition to raw materials. (10) Existing law requires state-owned lands classified by the department and approved by the board as not suited to the growing of forest products, or necessary to the management of the forest, to be sold according to state laws. -- 3 -- SB 1648 The bill would, instead, permit the sale. The bill would also require that proceeds from the management of a state forest first be directed to the management, infrastructure, and research needs identified by a .forest's management plan, and to the forest's maintenance, personnel, and other requirements identified by the advisory committee, the department, and the board. (11) Existing law provides for the acquisition of demonstration forests. The bill would make legislative findings and declarations regarding Jackson Demonstration State Forest. The bill would require the board to appoint a 9-person advisory committee for the forest, to facilitate communication, as specified, and would prescribe the membership and responsibilities of the advisory committee. The bill would also require the board to appoint an interagency technical adv~ac, ry committee, as specified. The bill would require the use of an even-aged regeneration system, as defined by the board, in the forest, to be minimized and limited, as specified, and would impose various other requirements pertaining to the management of the forest. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of Cal(/brnia do enact as follows: I SECTION 1. Section 4631 of the Public Resources Code is 2 amended to read: 3 4631. It is hereby declared that the forests owned and 4 managed by the state are important public resources suitable for a 5 variety of purposes, including demonstrations and scientifically 6 designed studies regarding forest resource management; timber "'~' .....' "'~' .... ; ......'--;'-'--'~' maintenance and 7 production,, .................................., 8 restoration of forest land resources; education; recreation; and 9 public enjoyment. It is declared that these state-ownedJbrests 10 provide economic and environmental benefits to the state and that 11 adjacent rural communities are affected by the management qf 12 those forests. It is further declared to be the policy of the state to 13 acquire by purchase, exchange, lease, or grant all of the following: 14 (a) Cutover lands, the reforestation of which is not assured 15 under private ownership, to reforest these lands during periods of 16 unemployment and at other times. 97 SB 1648 -- 4 -- 1 (b) Liquidating forest lands suitable for the purposes of this 2 section. 3 (c) Demonstration forests adapted to meet local needs of 4 investigation, demonstration, and education in those timber 5 counties where the ownership pattern is such that management of 6 small areas is an important problem. 7 (d) One area in each of the following forest districts, Coast 8 District, Southern Subdistrict of the Coast District, Northern 9 District, and Southern District, for the purpose of demonstration 10 of forest resource management. 11 SEC. 2. Section 4631.5 of the Public Resources Code is 12 amended to read: 13 4631.5. It is further declared to be in the interest of the welfare 14 of the people of this state that the state do all of the following: 15 (a) Retain the existing land base of state forests for the purposes 16 declared in Section 4631. 17 (b) Cooperate with local governments in mitigating the impacts 18 on school enrollment of geothermal development that occurs in 19 proximity to state-owned forest lands. 20 SEC. 2.5. Section 4635 of the Public Resources Code is 21 amended to read: 22 4635. Unless the context otherwise requires, the definitions in 23 this article govern the construction of this chapter. These 24 definitions apply solely for the purposes of managing state forests. 25 SEC. 3. Section 4636 of the Public Resources Code is 26 repealed. 27 SEC. 4. Section 4637 of the Public Resources Code is 28 amended to read: 29 4637. "Forest land" means lands primarily suited to growing 31 associated, naturally occurring, plant and animal species 32 SEC. 5. Section 4638 of the Public Resources Code is 33 amended to read: 34 4638. "Forest products" includes sawlogs, pilings, poles, 35 split products, pulpwood, bolts, bark, mulch, and other products, 36 including nontimber forest products. Nontimber forest products 37 include water; habitat for ............. , ...... v ..... v ....... native .flora and .fauna; 39 biological diversity; education; recreation; and public enjoyment. 97 M5-- SB 1648 1 SEC. 6. Section 4638.5 is added to the Public Resources 2 Code, to read: 3 4638.5. The following definitions apply solely for the 4 purposes of managing state forests: 5 (a) "Late-seral" means the stage in forest development that 6 includes mature and old-growth forests. 7 (b) For purposes of this section, "mature forest" means a 8 defined stand of trees for which the annual net rate of growth has 9 culminated. Stand age, diameter of dominant trees, and stand 10 structure at maturity vary by forest cover types and local site 11 conditions. A mature stand generally contains trees with a smaller 12 average diameter, less age-class variation, and less structural 13 complexity than an old-growth stand of the same forest type. 14 (c) For purposes of this section, "old-growth" means a forest 15 stand with moderate to high canopy closure, a multilayered, 16 multispecies canopy dominated by large overstory trees, a high 17 incidence of large trees with large, broken tops, and other 18 indications of decadence, numerous large snags, and heavy 19 accumulations of logs and other woody debris on the ground. 20 SEC. 7. Section 4639 of the Public Resources Code is 21 amended to read: 22 4639. (a) "Management" means using a state forest for 23 demonstrations and scientifically designed studies regarding 24 forest resource management; timber production, 25 ""' .... : .........:~'~' maintenance and restoration of forest land 26 resources; education; recreation; and public enjoyment. 27 (b) Notwithstanding the definition in subdivision (a), if 28 conditions are unsuitable due to deed restriction, impaired access, 29 purchase enabling legislation, or similar considerations, the 30 board may determine on a case-by-case basis that management 31 shall not include timber ptvduction 32 SEC. 8. Section 4639.5 is added to the Public Resources 33 Code, to read: 34 4639.5. "Management plan" means a plan approved by the 35 board that provides direction to the department regarding 36 management of a state forest. 37 SEC. 9. Section 4640 of the Public Resources Code is 38 amended to read: 97 SB 1648 -- 6-- 1 4640. "Protection" means protection of forest resources 2 against damage by fire, insects, disease, invasive species, or 3 unauthorized human activity. 4 SEC. 10. Section 4651 of the Public Resources Code is 5 amended to read: 6 4651. The management of state forests and the cutting and 7 sale of timber and other forest products from state forests shall 8 conform to all applicable law, including regulations approved by 9 the board. The sale of timber and other forest products is limited 10 to raw materials and minimally processed products only. 11 SEC. 11. Section 4653 of the Public Resources Code is 12 amended to read: 13 4653. State-owned lands classified by the department and 14 approved by the board as not suited to the growing of forest 15 products, or necessary to the management of the forest, may be 16 sold according to state laws. 17 SEC. 11.5. Section 4654.5 is added to the Public Resources 18 Code, to read: 19 4654.5. Proceeds from the management ora state forest shall 20 first be directed to the management, infrastructure, and research 21 needs identified by a the forest's management plan, and to the 22 .forest's maintenance, personnel, and other requirements identified 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 annually by the advisory committee, the department, and the board. SEC. 12. Article 5 (commencing with Section 4665) is added to Chapter 9 of Part 2 of Division 4 of the Public Resources Code, to read: Article 5. Jackson Demonstration State Forest 4665. The Legislature finds and declares all of the following: (a) Jackson Demonstration State Forest is a 48,652 acre state-owned forest near Fort Bragg. Jackson Demonstration State Forest is by far the largest publicly owned forest in the redwood region between San Francisco and Humboldt County and, and is the largest qf the state demonstration .forests. It offers unique conservation, restoration, education, recreation, and forest management demonstration and research opportunities in the coast redwood region. 97 -- 7 -- SB 1648 1 (b) Approximately 12,000 acres of Jackson Demonstration 2 State Forest's forest stands have not been logged since the initial 3 harvest entry 80 to 120 years ago. An additional total of 459 acres 4 of old growth redwood and Douglas fir are in 11 protected groves. 5 These old forest components are uncommon assets in the region 7 .... i UlkO% oiiOil uk Uiikktku tu¥¥alU O%~ikiitillkOli~ UkOl~ll%~U lkOkaiVll 12 Management of these stands shah be consistent with their 13 biological importance and regional scarcity. 14 (c) At Jackson Demonstration State Forest, management shah 15 demonstrate how to balance sustained production of high quality 16 timber products with maintaining and restoring high quality 17 habitat for fiora and fauna native to the coast redwood ecosystem 18 in a way that provides ample opportunities for research, 19 recreation, education, and public enjoyment. 20 (d) Research and demonstration at Jackson Demonstration 21 State Forest shall address all aspects of forest resource 22 management, including timberland productivity, and habitat 23 development and restoration, and shall promote the revitalization 24 of the region's environment, economy, and timber production 25 capacity. 26 4666. Thc (a) Not later than April 15, 2005, the board shall 2? appoint a nine-person advisory committee for Jackson 28 Demonstration State Forest, to facilitate communication 29 ..... ~': ............ - ,,~ ...... ~ ....... ~ ........ ;ssu2s, among the board, the depa~ment, 30 and the public. The members of the advisocv committee shall be 31 appointed for renewable two-year terms. 32 (1) The advisory committee shall do both of the following: 33 (A) Review management activities conducted during the prior 34 year and those proposed for the upcoming year and submit a report 35 to the board of its findings and recommendations with regard to 36 those activities. 37 (B) The advisory committee shall be actively involved when 38 management plan updates are being developed. SB 1648 -- 8 -- 1 (2) The board shall develop a process for cooperatively 2 resolving divergent viewpoints should they arise among the 3 advisory committee, the department, and the board. 4 (3) If the board declines to adopt or implement an advisory 5 committee recommendation, it shall provide the advisory 6 committee with the specific reasons that led to its decision. 7 (4) The advisory committee may request assistance ;from the 8 interagency technical committee. 9 (b) The majority of members of the advisory committee shall 10 have Mendocino County as their primary residence. 11 (c) ,4t least two-thirds of the members of the advisory committee 12 shall have no financial interest in the harvesting, processing, 13 transporting, or selling of timber products unless that interest is 14 exclusively in connection with timberlands of less than 2,500 acres 15 per ownership. 16 (d) The advisory committee shall be comprised of the following 17 members: 18 (1) ,4 registered professional forester (RPF) not employed 19 currently or for the previous five years by an industrial timberland 20 owner or the department. 21 (2) ,4 representative of the Mendocino County timber industry. 22 (3) .4 member affiliated with the University of California or the 23 California State University System. 24 (4) ,4t least six members representing the general public 25 interest in the areas of recreation, environmental protection, local 26 economic well-being, the residential.[brest interface, and other 27 public concerns. Of those six members, as many as two members 28 may be appointed to the advisory committee primarily based on 29 their expertise in botany, forest ecology, mycology, herpetology, or 30 fisheries biology. 31 (,4) Two of the six members representing the general public 32 shall be nominated by the State Senator of the district in which the 33 Jackson Demonstration State Forest is located. 34 (B) Two of the six members representing the general public 35 shall be nominated by the State ,4ssembly Member of the district 36 in which the Jackson Demonstration State Forest is located. 37 (C) Two of the six members of the advisory committee 38 representing the general public shall be nominated by the 39 Mendocino County Board of Supervisors, by a majority vote of the 40 total membership of the board. M 9 M SB 1648 1 (e) The members of the advisory committee described in 2 paragraphs (1), (2), and (3) shall be nominated by the board, by 3 a majority vote of the total membership of the board. 4 09 The advisory committee shall meet at least quarterly, and 5 shallparticipate annually in at least onefieM trip to a location of 6 its choosing. 7 (g) Annually, at least one advisory committee meeting shall be 8 held in conjunction with a meeting of the interagency technical 9 review committee. 10 (h) Annually, at least one advisory committee meeting shall be 11 devoted to a review of on-going research and the prioritization of 12 proposed research and demonstrations. The review shall include 13 consideration of recommendations by the technical review 14 committee and experts from the University of California, and the 15 California State University System, and others. 16 (i) Not later than September 1 of each year, the advisory 17 committee shall make recommendations to the board regarding the 18 level offunding required in the next fiscal year for implementation 19 of the management plan and on-going needs, including all of the 20 following: 21 (1) Staffing. 22 (2) Road and infrastructure maintenance, improvement, and 23 decommissioning. 24 (3) Research and demonstrations. 25 (4) Restoration and rehabilitation. 26 (5) Recreation. 27 (6) Public outreach. 28 (1') Timber harvesting plans within the dackson Demonstration 29 State Forest shall be consistent with the approved management 30 plan for the forest. 3l 4667. The board shall establish an interagency technical ....... .~ committee to advise the board n_.~ .......... ~, ........... the 33 depart~nent, and the advisory com~nittee established pursuant to 34 Section 4666 regarding management issues at Jackson 35 Demonstration State Forest, and as a demonstration of how to 36 facilitate cooperative interagency approaches to issues arising 37 from the regulation of timber harvesting, resource restoration, and 38 other forest management activities. The technical advisory 39 committee shall include representatives of the Department of Fish 40 and Game, the North Coast Regional Water Quality Control 97 SB 1648 ~ 10 ~ 1 Board, the California Geological Survey, and the Department of 2 Parks and Recreation, and other agencies that the board deems 3 appropriate. 4 4668. At Jackson Demonstration State Forest, all of the 5 following shall apply: 6 (a) The use of the even-aged regeneration system, as defined by 7 the board, shall be minimized, and limited to experiments 8 designed and implemented for a specific research purpose. The 9 experiments shall include preharvest and postharvest monitoring, 10 with publication of results as an integral component of the 11 experiment. 12 (b) Timber harvesting shall not occur in stands of old growth, 13 as defined in Section 4638.5, including, but not limited to, those 14 11 old growth groves totaling 459 acres identified in the Jackson 15 Forest management plan approved by the board in October 2003. 16 (c) A tree or group of trees alive since the year 1850 or earlier 17 shall not be subject to timber harvesting unless the tree or group 18 of trees poses a health or safety hazard to persons or property. 19 (d) The Mendocino Woodlands Recreation Demonstration 20 Area transferred by the federal government to the state in 1947, 21 including, but not limited to, those portions contained within the 22 Jackson Demonstration State Forest, shall be used for the purposes 23 authorized under Section 459t of Title 16 of the United States 24 Code. 25 (e) The management plan shall include projections across the 26 planning horizon for development of timber stands and habitat for 27 .flora and fauna native to the coast redwood ecosystem. 28 4669. Nothing in this article shall be construed to require 29 revision of the management plan and environmental impact report 30 for which the board issued a notice of preparation of a draft 31 environmental impact report in February of 2004, if both of the 32 following conditions are met: 33 (a) The draft environmental impact report includes an 34 alternative for consideration and public comment that is consistent 35 with this article. 36 (b) The final environmental impact report and management 37 plan are consistent with this article. 38 4669.5. If a final management plan and final environmental 39 impact report consistent with this article have not been certified by 40 the board pursuant to the notice of preparation of a draft 97 AGENDA SUMMARY REPORT ITEM NO. 10d. DATE: July 21, 2004 SUBJECT: ADOPTION OF RESOLUTIONS DECLARING THE OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF TAX EXEMPT SECURITIES The utility department is pursuing planned upgrades to the water and wastewater facilities of the City. Previously Council awarded a design contract for design of the wastewater improvements. The costs of the design and construction of the improvements will exceed the current resources of the water and wastewater utilities. It is anticipated that debt financing will be obtained to pay for the costs of the improvements. Some costs will be incurred before the actual financing is obtained. By adopting the proposed reimbursement resolutions, the costs of the projects that are paid before the debt financing is obtained, may be reimbursed to the fund they were initially paid from. Various IRS rules apply to tax exempt financings. One rule requires that certain percentages of the debt proceeds must be disbursed within specific time periods subsequent to the financing. The reimbursement process provides an avenue to more readily meet these requirements. Failure to adopt a reimbursement resolution may mean that financing must be obtained in multiple parts or must be accelerated to provide cash when on hand funds are depleted. The Council will retain the option of reimbursing less than all the reimbursable expenses when the total costs are finalized and the amount of borrowing necessary is established. Staff recommends adoption of the proposed reimbursement resolutions to reimburse water and wastewater project expenses incurred prior to the issuance of the debt financing instrument(s). RECOMMENDED ACTIONS: 1. Adopt the Resolution authorizing reimbursement of water expenditures from the proceeds of tax exempt securities. 2. Adopt the Resolution authorizing reimbursement of wastewater expenditures from the proceeds of tax exempt securities. ALTERNATE COUNCIL POLICY OPTIONS: Provide alternate direction to staff. Prepared by: Gordon Elton, Director of Finance Coordinated with: Candace Horsley, City Manager; and Bernie Ziemianek, Public Utilities Director Attachments: /. Water Reimbursement Resolution ,,~. Wastewater Reimbursement Resolution APPROVED: "---~' ~--~,-~_~ ~ Candace Horsley, C~ty Manager Reimbursement Resolution .&TTACHlVlENT / RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING THE OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF TAX EXEMPT SECURITIES - WATER FACILITIES WHEREAS, the City Council of the City of Ukiah desires to finance the construction and acquisition of the facilities described in detail below (collectively "the Project"); and and WHEREAS, the City will be expending funds for the construction and acquisition of the Project; WHEREAS, the City reasonably expects to reimburse such expenditures by authorizing the sale and delivery of one or more series of obligations, as described below: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that: 1. This Resolution is a declaration of official intent to reimburse expenditures pursuant to Treasury Regulations Section 1.150-2. , The City desires to finance the construction and acquisition of the Project, consisting of improvements to the City's water facilities, as generally described in Exhibit "A", which is hereby incorporated by reference herein. . The City reasonably expects to reimburse the expenditures through the sale and delivery of one or more series of obligations (the "Obligations"), the interest component which is excludable from gross income under Section 103 of the Internal Revenue Code. The maximum principal amount of Obligations expected to be issued for the Project is $12,000,000. , The reimbursement allocation to be made with respect to the expenditures will occur not later than eighteen (18) months after the later of a) the date on which the expenditure is made or b) the date on which the Project is placed in service, but in no event more than three years after the expenditure is paid. . This Resolution expresses the City's expectations as of this date with respect to the financing of the construction and acquisition of the Project. Future events or extraordinary circumstances beyond the control of the City may result in the Project being financed in a manner other than as described in this Resolution, and nothing contained herein constitutes an irrevocable commitment by the City to issue the Obligations. PASSED AND ADOPTED this day of 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, Deputy City Clerk Resolution No. 2004- Page 1 of 1 Resolution 2005- Attachment "A" Water Facilities Project The Project consists of constructing additional water storage tanks to increase the City's water storage capacity by 3.3 million gallons, installing two additional treatment modules in the City's water treatment plant, each module capable of treating up to 3 MGD, installing additional and rebuilding pumps, and other associated improvements. The new components and facility improvements required to bring the treatment plan into compliance with State of California Public Health Standards and provide a safe and reliable water supply to residents of Ukiah have been defined in detail in the Predesign Report submitted by SPH Associates. 1. Storage Tanks a. Two with 1.5 million gallon capacity. b. One with .3 million gallon capacity. 2. Treatment Plant o a° g. h. i. j. High a. b. C. d. One new 2,800 gpm raw water pump Rebuild two existing raw water pumps Two, 3 mgd capacity Trident modular treatment units New filtered water transfer pumps Chlorine gas containment system improvements Building addition with laboratory SCADA based control and instrumentation improvements Potassium permanganate raw water feed system New Clarified backwash water return pump Numerous plant chemical and electrical facility improvements Service Pump Station Three 350 HP, 2,800 gpm finished water pumps Pre-engineered 1,950 square foot building 1200 kw generator Supporting mechanical, electrical and control features ~,TTACHMENT. ~ RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING THE OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF TAX EXEMPT SECURITIES -WASTEWATER FACILITIES WHEREAS, the City Council of the City of Ukiah desires to finance the construction and acquisition of the facilities described in detail below (collectively "the Project"); and and WHEREAS, the City will be expending funds for the construction and acquisition of the Project; WHEREAS, the City reasonably expects to reimburse such expenditures by authorizing the sale and delivery of one or more series of obligations, as described below: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that: 1. This Resolution is a declaration of official intent to reimburse expenditures pursuant to Treasury Regulations Section 1.150-2. . The City desires to finance the construction and acquisition of the Project, consisting of improvements to the City's wastewater facilities, as generally described in Exhibit "A", which is hereby incorporated by reference herein. . The City reasonably expects to reimburse the expenditures through the sale and delivery of one or more series of obligations (the "Obligations"), the interest component which is excludable from gross income under Section 103 of the Internal Revenue Code. The maximum principal amount of Obligations expected to be issued for the Project is $60,000,000. , The reimbursement allocation to be made with respect to the expenditures will occur not later than eighteen (18) months after the later of a) the date on which the expenditure is made or b) the date on which the Project is placed in service, but in no event more than three years after the expenditure is paid. . This Resolution expresses the City's expectations as of this date with respect to the financing of the construction and acquisition of the Project. Future events or extraordinary circumstances beyond the control of the City may result in the Project being financed in a manner other than as described in this Resolution, and nothing contained herein constitutes an irrevocable commitment by the City to issue the Obligations. PASSED AND ADOPTED this day of~ 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, Deputy City Clerk Resolution No. 2004- Page 1 of 1 Resolution 2005- Attachment "A" Wastewater Facilities Project The goal of the Wastewater Treatment Plant (WWTP) Improvement Project is to design and construct a wastewater treatment system that reliably meets effluent requirements for the next 20 years, which is the planning horizon required to receive State Revolving Fund monies. The improvements will allow the WWTP to produce Class A biosolids, significantly increasing the options for beneficial use of the stabilized sludge generated at the plant. The following is list is a summary of plant improvements needed: 1. Influent Diversion Structure . o 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Influent Pumping Station Bar Screen Structure Raw Sewage Distribution Structure Grit Removal Equipment Gallery Existing Secondary Clarifier Modifications Primary Clarifiers Screenings Washer Compactor & Grit Washing Building Trickling Filter Distribution Box New Trickling Filter Pumping Station New Trickling Filter 3 Pre-aeration Tank Demolition Snail Removal Structure Existing Primary Clarifier Modifications Solids Contact Tank Blower Building Secondary Clarifier Distribution Box Secondary Clarifiers Chlorine Contact Pipe Wastewater Storage Basin Operations Building DAFT Thermophilic Digester Existing Digesters Sludge Lagoons Drying Bed Improvements Reclaimed Water Pumping Station AWT Pumping Station AWT Backwash Water Basins AWT Chlorine Contact Basins AWT Piping Modifications UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE July 21,2004 8:00 P.M.* 1. ROLL CALL 1 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. m APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 4. APPROVAL OF MINUTES a. Regular Meeting of June 16, 2004 5. NEW BUSINESS a. Consideration and Approval of Performance Agreement with Ukiah Main Street Program b. Approval of Agreement with Rau and Associates for Engineering Services for Completion of a Parcel Map of the Agency Owned Property Within the Airport Industrial Park and Budget Amendment c. Adoption of Resolution Approving Mendocino College Request For Use of a Portion of District 20% Housing Setaside Funds (College Court) 6. COMMISSIONERS REPORTS 7. EXECUTIVE DIRECTOR REPORTS 8. CLOSED SESSION 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. ITEM NO. 5a DATE: July 21, 2004 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND APPROVAL OF PERFORMANCE AGREEMENT WITH UKIAH MAIN STREET PROGRAM In 1998 the Redevelopment Agency entered into an agreement with the Ukiah Main Street Program to support its efforts in downtown promotions and economic development. This original agreement established long term and on-going projects, to be reviewed and updated on an annual basis. Staff has met with Main Street representatives for the purpose of reviewing accomplishments of the 2003~2004 agreement and setting goals and objectives for the coming year. During this past year Main Street has fulfilled the goals and objectives of the agreement and continued to provide representation of the Redevelopment Agency with the downtown business community. In accordance with the agreement, Main Street's accomplishments for the past year include; maintaining a downtown Farmer's Market, total renovation of the School Street planters, assumed a primary role in the Ukiah Country Pumpkinfest, and initiated the Downtown business planning improvement program. These accomplishments are in addition to Main Street's on-going projects and programs such as the Downtown Newsletter, other special events and promotions, and providing ombudsmanship for downtown businesses through business outreach. (Continued on Page 2) RECOMMENDED ACTION: Approve Performance Agreement with the Ukiah Main Street Program for fiscal year 2004~05, retroactive to July 1, 2004, and authorize Executive Director to execute agreement. ALTERNATIVE AGENCY POLICY ACTION: 1. Determine agreement requires revision and approve as revised. 2. Determine approval is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Ukiah Main Street Program Ukiah Main Street Program Larry DeKnoblough, Assistant Redevelopment Director Candace Horsley, Executive Director 2004~05 Agreement APPROVED: LD/Zip2 MainSt.04.Asr Candace Ho~sley, Exe?tive Director The proposed contract continues with all the services provided in last year's agreement. In addition, Main Street will also continue to develop healthy new downtown businesses through the Business Plan Improvement Program. The kickoff of this program was the "Best Biz" contest in which Main Street, the Redevelopment Agency, and West Company jointly sponsor a business plan writing competition for start-up businesses. The application period to compete in the contest opened in May and will close in July. The successful business will win a grant of funds raised through private sponsorship and receive additional business assistance through existing support organizations such as West Company, the Economic Development and Finance Corporation, and Main Street. Because this program promotes quality business planning, the larger benefit to the Redevelopment Agency is a healthier and stronger downtown business mix with increased chances of survival and reduced vacancies. Staff believes the enhanced relationship with Main Street, established through previous agreements, has been productive and beneficial to the Agency's downtown revitalization efforts. Staff believes Main Street has been a strong partner and a positive presence in the community and is recommending approval of the attached agreement and authorization for the Executive Director to execute the agreement. PERFORMANCE AGREEMENT between the UKIAH REDEVELOPMENT AGENCY and UKIAH MAIN STREET PROGRAM Attachrne: ,t # / This Agreement is made this 1st day of July, 2004, by and between the Ukiah Redevelopment Agency, a redevelopment agency for the City of Ukiah, herein called "Agency," and the Ukiah Main Street Program, Inc., a California non-profit, public benefit corporation, herein called "Main Street." RECITALS 1. The Agency is interested in maintaining a supportive role with the organizations that assist the Agency in the planning and management of downtown revitalization. 2. The Agency has determined that the California Main Street Program, based on the national Main Street model, provides activities which help to promote and revitalize downtown Ukiah. The four elements contributing to the economic development and revitalization of downtown, each of which receives careful and balanced attention are: organization; promotion; design; and economic restructuring. 3. Main Street is duly organized to promote and undertake downtown revitalization activities. 4. The Agency has designated Main Street to undertake revitalization activities. 5. The Agency desires to plan and manage the Main Street Program and downtown revitalization as a public/private partnership. NOW, THEREFORE, in consideration of the above-recited facts and agreement contained herein, it is agreed as follows: A. WORK TO BE PERFORMED The following work shall be performed by Main Street under the terms and duration of this Agreement: 1. Downtown Business Recruitment & Retention a. Main Street shall maintain and distribute to all interested parties an inventory of all vacant and available properties within the Business Improvement District (AB 1693 area; "District"). Main Street staff shall maintain the property information database to include location, size, zoning, and property or building amenities. All property owners and merchants within the District, local commercial leasing agencies, the Greater Ukiah Chamber of Commerce, and the Agency shall be provided a copy of the inventory each quarter of every year. The inventory shall be available in the Main Street office and shall be provided to all parties contacting Main Street for information related to business location within the District. b. Main Street shall continue to publish a downtown promotional packet of materials such as a downtown rental property brochure, business directory brochure and map for distribution to new and prospective businesses. Agency staff shall assist Main Street with the composition and publication of materials. c. Main Street shall continue to provide a small business outreach team comprised of representatives from the City of Ukiah, Main Street, and other business service organizations such as the Chamber of Commerce and/or Downtown Merchants Association. The purpose of this group shall be to assist and guide new businesses that request information relating to available business assistance services and information relating to the building and development process. 2. Downtown Newsletter Main Street shall continue to produce a quarterly newsletter which shall be distributed to all businesses within the Business Improvement District. The newsletter shall provide informational updates regarding, but not limited to, such issues as downtown parking, new businesses in the District, recent and pending events, business educational opportunities, and general business assistance information. The Agency shall assist Main Street with the composition of the newsletter. 3. Downtown Promotions a. Main Street shall continue current downtown promotions such as community events, holiday trolley, downtown tree lights, Ukiah Country Pumpkinfest, Taste of Downtown, and Downtown Farmers Market. The Agency shall assist Main Street in the utilization of volunteers to complete these projects and will purchase a portion of the lights necessary for the seasonal tree lighting of School Street. b. Main Street also shall conduct meetings with the Agency in advance of any event, project, or program involving both the Agency and Main Street to define respective levels of participation, accountability, and recognition. 4. Business and Property Ownership Pride Proqram a. Main Street and the Agency shall jointly continue to implement the program encouraging business and property owners to initiate and adopt a cleanup and maintenance program of the storefronts, walkways, trash and recycling facilities, and street planters within the District. Pursuant to this section, the Agency and Main Street shall assist downtown business and property owners through the offering of constructive suggestions regarding cleanup and general beautification of property as well as information as to what type and where assistance may be available for their beautification effort. b. Main Street agrees to promote a Business and Property Award Program, which establishes and presents awards for outstanding business presentation and property maintenance. Cdteria for determining awardees shall be developed in coordination with Agency staff. c. Main Street shall also coordinate maintenance of the downtown with the assistance downtown building and business owners. The intent of the program is to encourage business owners to maintain the storefront walk and planters. And assist with Main Streets biannual downtown cleanup. 5. Business Planninq Improvement Proqram Main Street shall continue to coordinate with Agency staff and other business development organizations to promote quality business planning for new and existing businesses in the downtown through programs such as the "Best Biz" contest and any other such promotional programs which may become available. B. RECORDS, REPORTS AND ACCOUNTABILITY Main Street agrees to submit a semi-annual progress report to the Agency's Executive Director which shall detail accomplishments relative to the items cited in "A," above. Said report shall be submitted by January 311 2005 and May 30, 2005. Main Street shall maintain a bookkeeping system and books of account in accordance with generally accepted accounting principles consistently applied, which segregate E. INSURANCE AND INDEMNIFICATION During the term of this Agreement, Main Street agrees to indemnify and hold harmless the Agency, its officers, agents, and employees from and against any and all claims, losses, defense costs, or liability or any kind or nature which the Agency, its officers, agents, and employees may sustain or incur orwhich may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with Main Street's performance under the terms of this Agreement, excepting only liability arising out of the sole and active negligence of the Agency. Without limiting Main Street's indemnification, it is agreed that Main Street shall maintain in force at all times during the performance of this Agreement, the following policy or policies of insurance approved by the Agency and issued by admitted California insurers approved by the Agency covering its operations: 1. Comprehensive General Liability, including contractual liability, products, and completed operations and business automotive liability, all of which shall include coverage for both bodily injury and property damage with a combined single limit of one million dollars ($1,000,000). 2. Worker's Compensation coverage at statutory limits. 3. The certificates of insurance and endorsements shall be completed to the satisfaction of the Agency. Failure to comply with this paragraph shall furnish the Agency with the right to immediately terminate this Agreement without further notice to Main Street. F. RELATIONSHIP BETWEEN MAIN STREET AND AGENCY Nothing in this Agreement shall be construed as making Main Street or any of its employees or representatives the agent or employee of the Agency for any purpose, or creating between the Agency and Main Street the relationship of legal partners or joint ventures. G. TERM This Agreement shall be effective from July 1, 2004, and shall terminate on June 30, 2005. H. TERMINATION FOR NON-PERFORMANCE Except as provided in paragraph D, if any party to this Agreement breaches any provision thereof, then the other party may give the defaulting party a notice to remedy such violation within thirty (30) days. The other party may terminate the Agreement, if such violation is not remedied within said 30 days or, if the breach cannot be remedied within such time period the defaulting has not commenced efforts to cure the breach or fails to diligently complete steps necessary to cure the breach. A waiver by either party of performance of any provision of this Agreement shall not amount to a future waiver of the strict performance of such provisions or of any other provision of this Agreement. I. NON-PERFORMANCE DUE TO CONDITION BEYOND CONTROL OF PARTIES If either party is unable to perform its obligations under this Agreement due to conditions beyond its reasonable control, such as, but not limited to, changes in local, state, or federal laws or regulations arising from legislative changes, judicial interpretations of existing law, vote by the citizens of Ukiah, or ITEM NO. 5h DATE: July 21, 2004 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AGREEMENT WITH RAU AND ASSOCIATES FOR ENGINEERING SERVICES FOR COMPLETION OF A PARCEL MAP OF THE AGENCY OWNED PROPERTY WITHIN THE AIRPORT INDUSTRIAL PARK AND BUDGET AMENDMENT The Redevelopment Agency recently approved a disposition and development agreement for the sale of a portion of the Agency owned property within the Airport Industrial Park. In order to create the parcel for sale, a minor subdivision and parcel map are required. As this project will involve an extensive number of hours, Staff is recommending this task be contracted to Rau and Associates for completion. Rau has done a significant amount of work on the property in the past and has a substantial existing database including topographic maps and perimeter boundary surveys which will assist in the project's completion in a timely manner. The scope of services under the contract shall include the completion of a four parcel tentative map with a remainder parcel, delineation of all easements, existing utilities, ground contours, and wetlands boundaries. Rau will also obtain a preliminary title report, conduct a preliminary deed search, mark all utility easements, and provide all necessary legal descriptions. Once the tentative map is approved, Rau will complete the Parcel Map and monument the designated lots. The proposed cost for these services is not to exceed $11,548. Should the Agency wish to proceed, a budget amendment to increase expenditures in the 960.5601.250.000 account is required. Staff is recommending approval of the agreement with Rau and Associates for engineering services. RECOMMENDED ACTION: Approve agreement with Rau and Associates for engineering services in the amount of $11,548 and budget amendment to increase expenditures in the 960.5601.250.000 account by that amount. ALTERNATIVE AGENCY POLICY OPTIONS: 1. Determine approval of agreement requires further consideration and remand to staff with direction. 2. Determine approval of agreement is inappropriate and do not move to approve. Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments: N/A N/A Larry W. DeKnoblough, Assistant Redevelopment Director}.,~''1} Candace Horsley, Executive Director 1. Location Map 2. Ragu Agreement APPROVED:c~"%J _ LB/ZIP2 Candace Horsier7, Ex~ve Director Rau7.21.04Rda.Asr DESIGNED: T.E.E. CHECKED: T.E.E. JOB SOUTH END O AIRPORT PARK BLVD TITLE AREA TO BE SUBDIVIDED SCALE 1"=200' I DATE JULU 2004 SHEET 1 of 1 REV C,\Project$\DrQwings\projec,s-sd\2OO4\_SCRATCH\dwg\Exhlblt For subdlvl$1on,dwg 7/15/2004 9,16,06 AM PDT Attachment #_ ~.~, AGREEMENT FOR PROFESSIONAL CONSULTING SERVICEs This Agreement, made and entered into this day of July, 2004, ("Effective Date") by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Rau and Associates, Inc., a CalifOrnia Corporation, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires professional services related to the performance of work requiring licensure as a Professional Land Surveyor, registered in the State of California. b. Consultant represents that it has the qualifications, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Consultant agree upon the Scope of Work attached hereto as Exhibit"A", describing contract provisions for the services to be provided pursuant to this Agreement. 1.0 1.1 1.2. 2.0 2.1 3.0 3.1 3.2 TERMS OF AGREEMENT DESCRIPTION AND SCOPE OF SERVICES Consultant shall provide the services as set forth in "Exhibit A", attached hereto. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK Time of Completion. Consultant shall commence performance of services as required by the Scope of Work on or after the Effective Date. Consultant understands and agrees that the City reserves the right to use other employees or independent contractors to perform the same or similar services during the term of this Agreement. Consultant shall complete all requested work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. COMPENSATION FOR SERVICES Basis for Compensation, For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a maximum dollar amount of $11,548.00 without the express written permission of the Director of Public Works. Labor charges shall be based upon Consultant's standard hourly billing, rates for the various classifications of personnel in effect as of the date of this contract, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be customary and reasonable. Consultant's Schedule of Fees are attached hereto as "Exhibit B." Changes. Should changes in compensation be required because of changes to the Scope-oF Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope of Work" means different activities than those described in "Exhibit A" 3.3 3.4 4.0 4.1 4.2 5.0 5.1 and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Subcontractor Payment. The use of subconsultants or other serVices to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be in accordance with the Schedule of Charges attached as "Exhibit B." Terms of Payment. Payment to Consultant for serVices rendered in accordance with this contract s hall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. ASSURANCES OF CONSULTANT Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, serVants, and employees)is not City's agent, employee, or representative for any purpose. Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. IN DE MN I FICATION Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 5.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: , Insurance SerVices Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. , ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. , Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. , Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: Langley Parcel Map Agreement.doc R04094 Page 2 of 10 C. D. . General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. , Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code' of the State of California and Employers Liability limits of $1,000,000 per accident. . Professional Liability Coveraqe: $500,000 combined single limit per occurrence. If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deduCtibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. bo The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, .employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. C, Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. Langley Parcel Map Agreement.doc R04094 Page 3 of 10 Eo F. d. e. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The General Liability policy shall contain the "your work" endorsement contained in ISO form CG 20 10 11 85, or equivalent. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from May 15, 2004 to May 15, 2005. 4. All Coveraqes Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. Verification of Coverage Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Langley Parcel Map Agreement.doc R04094 Page 4 of 10 5.2 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 If Consultant uses subcontractors or sub-consultants, it shall cover them under its policies or require them to separately complywith the insurance requirements set forth in this Paragraph 5.1. Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. CONTRACT PROVISIONS Ownership of Work. All documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, "Attachment A". Governinq Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be govemed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire Agreement. This Agreement plus its Exhibit(s) and executed Amendments set forth the entire understanding between the parties. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. Litigation. In the event a suit or action is instituted to enforce any of the terms and conditions of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements Langley Parcel Map Agreement.doc R04094 Page 5 of 10 6.9 allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of t he project, t he contract s hall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 6.10 7.0 Duplicate Oriqinals. This Agreement may be executed in duplicate originals, each beadng the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: City of Ukiah, Dept of Public Works 300 Seminary Avenue Ukiah, CA 95482 Rau and Associates, Inc. 100 North Pine Street Ukiah, CA 95482 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: RAU AND.ASSOCIATES, INC., CONSULTANT GEORGE C. PAU, PRESIDENT CITY OF UKIAH BY: CANDACE HORSLEY, CITY MANAGER Date: Date: ATTEST Langley Parcel Map Agreement.doc R04094 Page 6 of 10 BY: Date: MARIE ULVILA, CITY CLERK APPROVED AS TO FORM: BY: Date: DAVID J. RAPPORT, CITY ATTORNEY, CITY OF UKIAH Langley Parcel Map Agreement.doc R04094 Page 7 of 10 EXHIBIT A RAU will prepare the application for a four parcel Minor Subdivision plus Remainder Parcel of Assessor's Parcel Numbers 180-110-02 and 180-110-06 located at 1825 Airport Road, in the city of Ukiah. As part of the application process, a Tentative Map of the Minor Subdivision will be prepared as required by the City of Ukiah. A Topographic Survey Map has previously been completed and shall be incorporated into a Tentative Map for the Minor Subdivision. The topographic map shows the location of, and identity of existing structures and improvements, existing property lines, existing underground utilities as evidenced by surface markings, wetland boundaries from previous mapping (not an official Army Corps of Engineers delineation), and existing ground contours on a one foot interval. In addition to locating utilities in the field, RAU will attempt to obtain base maps of all existing utilities in the area. Information obtained shall be shown on the Tentative Map as appropriate. Easement for Public Utilities A preliminary title report will be required. Preliminary deed research will be performed to determine the location of existing deeds and rights-of-way, and these easements will also be shown on the Tentative Map. Extension of existing utilities within the area shall be schematically shown to each of the proposed lots within the Minor Subdivision, for planning purposes only. At this time it is anticipated that all utilities for the subdivision will be located within an existing 50' to 70' wide public utility and access easement located along the northern boundary of the property. The easement will need to be of sufficient width to accommodate a minimum roadbed as determined by the City of Ukiah, as well as a future pedestrian walkway from Airport Park Boulevard to the most southerly parcel. A legal description for the watermain and hydrants is expected to be required. No other legal descriptions are anticipated to be required, and easements for other utilities can be shown on the parcel map. Preparation of Parcel Map/Monumentation of lots after approval of the Tentative Map RAU will prepare a parcel map for recording and monument the lots. RAU's work will also include attending the Project Review Committee (PRC) meeting and the Planning Commission meeting. It is understood that this project does require the payment of Prevailing Wages for field surveyors. Specifically excluded from RAU's work under this agreement are the following tasks/costs normally associated with a Minor Subdivision: Application and Developer's Fees Special Studies (i.e. traffic, hydrology, noise, botanical, .etc.) Preparation of Improvement Plans (based on Project Conditions of Approval) Map/Plan Check Fees Langley Parcel Map Agreement.doc R04094 Page 8 of 10 Schedule Rau will initiate work within 2 weeks of receipt of the signed agreement. It is anticipated that a Tentative Map and Minor Subdivision application will be submitted within 2 weeks after commencing work. After the Tentative Map is approved by the City of Ukiah, a water main easement shall be prepared for recordation, and a Parcel Map prepared for review and approval. This process is expected to take approximately 3 to 4 weeks. Deliverables The initial deliverable will be a Tentative Map and an application for a Minor Subdivision. Final deliverables will be a legal description for the water main and hydrants, and a Parcel Map ready for recording with the County Surveyor. Langley Parcel Map Agreement.doc R04094 Page 9 of 10 ITEM NO _sc DATE: JULY 21,2004 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING MENDOCINO COLLEGE REQUEST FOR USE OF A PORTION OF DISTRICT 20% HOUSING SETASIDE FUNDS (COLLEGE COURT) Section 6 of the Redevelopment agreement with the Mendocino-Lake Community College District stipulates that 10% of the mandatory housing setaside (20% of gross redevelopment tax increment revenue) be designated for College 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 College is requesting distribution of $5,000 for repair of the parking lot at College Court on north Bush Street. This project was completed in 1998 with Redevelopment, Community Development Commission, and College funds and provides seven units for Iow income qualified students. This is only the second request for funds from the College since the inception of setaside. The current balance of the College's account is in excess of $300,000. The proposed use of the funds meets State requirements for use of the 20% housing setaside fund and will maintain affordable housing for the targeted population within our community. Staff believes the expenditures are appropriate and recommends adoption of the resolution approving the request for College setaside funds. RECOMMENDED ACTION: Adopt Resolution Approving Mendocino-Lake Community College District Use of $5,000 of College 20% Housing Setaside Funds (College Court). 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: Requested by: Prepared by: Coordinated with: Attachments: N/A Mendocino-Lake Community College District Michael F. Harris, Deputy Redevelopment Director~jj~a~,,~.~.~_?'J~~ Candace Horsley, Executive Director 1. Resolution for adoption, page 1; 2. May 23, 2004 letter from the Mendocino College, pages 2-4. Ap p ROVE D: ~.L"'~"~"'~~ Candace Horsley, Ex')~,utive Director mfh:asrura04 0721ColHousing URA RESOLUTION NO. 2005- RESOLUTION OF THE UKIAH REDEVELOPMENT AGENCY APPROVING THE USE OF $5,000 OF MENDOCINO-LAKE COMMUNITY COLLEGE DISTRICT LOW AND MODERATE INCOME HOUSING FUNDS (COLLEGE COURT) WHEREAS, the agreement between the Ukiah Redevelopment Agency and the Mendocino-Lake Community College District regarding redevelopment specifies that the Agency shall designate 10% of the mandatory 20% Iow and moderate income housing setaside fund for use by the College; and WHEREAS, the agreement further specifies the use of monies requested by the College shall be reviewed and approved by the Agency prior to disbursement; and WHEREAS, the College proposes to repair the parking lot within College Court, a seven unit Iow and moderate income qualified project within the Redevelopment Area through contract with the Community Development Commission of Mendocino County using $5,000 of Redevelopment/College monies, and has requested the Agency to disburse these funds for this use; and WHEREAS, the Ukiah Redevelopment Agency has reviewed the proposed use of the funds, finds that the project meets State statutes for use of Iow and moderate income housing monies, is to be located within the City of Ukiah, and will be subject to an agreement between the College, The Community Development Commission of Mendocino County, and the Ukiah Redevelopment Agency to assure financial compliance with State statutes. NOW, THEREFORE, BE IT RESOLVED, the Ukiah Redevelopment Agency approves the use of $5,000 of Mendocino-Lake Community College District Iow and moderate income housing setaside funds (Account 962.5602.250.010), authorizes the Executive Director to execute an agreement for the use of these funds, and approves disbursement. PASSED AND ADOPTED this 21st day of July 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Chairman ATTEST: Shannon Riley, Secretary - t" URA Resolution No. 2005- Page 1 of I Mendocino College Mendocino-Lake Community College District Excellence in Education and Service Attachment ~ Z ,,, May 23, 2004 Candace Horsley Ukiah Redevelopment Agency 300 Seminary Avenue Ukiah, CA 95482 Subject: Request to Allocate URDA Low & Moderate Income Housing Funds from Mendocino-Lake Community College District's Account Dear Ms. Horsley: This is to authorize on behalf of the Mendocino-Lake Community College District, and to request fi.om the Ukiah Redevelopment Agency Low & Moderate Income Housing Funds in the Mendocino-Lake Community College District account an amount not to exceed $5,000. These funds are authorized for parking lot repairs at College Court, in accordance with the attached March 30, 2004 letter fi.om Roy Tindle, Executive Director, Community Development Commission of Mendocino County, together with accompanying invoice. As you will recall, College Court was constructed as Low & Moderate Community College student housing utilizing approximately $90,000 fi.om Mendocino-Lake Community College District's Low & Moderate Housing Funds in the URDA account. Please give me a call at 468-3068 if you have any questions. Thank you very much. Sincerely, Vice President of Administrative Services Enclosures cc: Roy Tindle, Executive Director, CDC Ukiah Campus 1000 Hensley Creek Road Box 3000, Ukiah, CA 95482 Lake Center 1005 Parallel Drive Lakeport, CA 95453 Willits Center 11 Marin Street Willits, CA 95490 www. mendocino.cc.ca.us 83/38/2884 15'29 7874634188 CDC ~'~/'/' / "' PAGE 02/03 March 30, 2004 CO3I IYNI DEVELOP KI';[T CO ISSION Of Me.&ciao Co.ne 1076 N. State St., Ukiah, CA 95482 707/465-5462 FAX: 707/463-4188 I'DD: 707/463-5697 Mr.. Tom Kesey Vice President of Administrative Services Mendocino-Lake Community College District 1000 Hcnsley Creek Road Ukiah, CA 95482 Dear Mr. Kesey: I am writing to you to request assistance in the form of'the mount :,fup to $5,000 from the Mendocino Community College District's allocation of the Uki i.h Redevelopment Agency's Low and Moderate Income Setaside toward the College Il ourt Student Apartments. Settling and weather erosion over time has resulted in low spots in the asphalt. These are now tripping hazards. We have requested and a tracheal a bid from Ferranti Construction to remedy the problem..The cost for the wot ~. is $3,362. We are asking for up to $5,000 to cover any additional costs due to eontin~[ 4meies or unforeseen conditions. College Court Student Apartments .have been an excellent source Community College students seeking affordable housing. Of thc student households as residents, one does not and one is vacant. ¥, vigorously marketing to fill the vacant unit with another student hc Mendoeino :yen units, ..five have currently are Itsehold. We appreciate the opportunity to work with Mendocino Commun.il the affordable housing needs of our community and look forward to do so. If you have any questions, please contact me at 463-$46~ College to address other opportunities XlI2. Roy Tin~e Executive Director lnc:. Enclosures M r30r 1.04 03130/2004 15:29 0~/20/2e04 18;43 7874634188 7074850300 CDC ~ANII GDNS7 PAGE 83103 Ferranti ConstrUction, Inc. a.~wood valay, ¢.,A 9~470 lq'lONE 707-485-0095 FAX LICENSE: 385543 Estimate , , i 3. In t,,, m orl~Sm~m, the ps~'~lins party h ~t~ m ~l~ ~1~ ~ ~ ~s ~ ~~ ~ ~ ~~ i~ ~ ~ will ~ ~ u~ ,, ....