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HomeMy WebLinkAbout1994-11-02 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 2, 1994 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Introduction of New Employee a. Gordon Elton, Finance Director . Approval/Correction of Minutes of Regular Meeting, October 19, 1994 . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. 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. Deny and Refer the Claim Received from Patricia E. Walker to City Insurance Carrier b. Award of Bid for Various Electrical Transformers c. Authorize Execution of Grant of Easement to PG&E for Overhead Electrical Facilities at the City of Ukiah Landfill AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council 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. 8. NEW BUSINESS . 10. 11. a. Adoption of Resolution Supporting the Efforts of the Charter Committee to Form a Girls and Boys Club of Ukiah b. Designate Councilmember as Alternate to Mendocino Council of Governments c. Adoption of Resolution Opposing Proposition 188 d. Adoption of Resolution Declaring 273 Clay Street a Public Nuisance and Declaring City Council's Intent to Commence Abatement Proceedings e. Consideration of City Committment to Economic Development Financing Corporation of Mendocino County f. Approval of Demolition Permit Application to Demolish a Single Family Residence Over 50 Years Old Located at 351 South Oak Street, as filed by Ukiah Redevelopment Agency g. Authorize Approval to Purchase Grant Funded Radar Trailer and Begin Implementation of Program CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. As per Gov. Code Section 54956.9(b.l.3A) - Conference with Legal Counsel Regarding Anticipated Litigation Regarding Regional Water Quality's Direction to Drill 3rd Well 12. ADJOURNMENT To November 10, 1994 at 2:30 in Council Chambers for Interviews of City Treasurer Applicants The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ¢IT¥ OF UKI-~tober 19, 199~ The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll call was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and .Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant City Manager Horsley, Acting Planning Director Stump, City Engineer/Public Works Director Kennedy, Public Works Analyst Goodrick, Public Utility Director Barnes, Assistant Redevelopment Director DeKnoblough and Acting Interim Finance Director Thomas, Finance Director Elton and Assistant to the City Manager Harris. 2.Invocation/Pledge of Allegian¢c The Invocation was read by Mayor Schneiter and the Pledge was led by Councilmember Wattenburger. SPECIAL ORDER OF BUSINES~ 3a. Commendation to Shirley Grovel Mayor Schneiter read and presented a special Commendation to Shirley Grover, Public Safety Office Supervisor, for over 35 years of dedicated service to the City of Ukiah. Mrs. Grover expressed her appreciation to the City for this special presentation and commented she has enjoyed working for the City of Ukiah and is planning on working two more years, until retirement. 4. Approval/Correction of Minutes Reaular Meetinq of October 5~ 1994_ - - Councilmember Shoemaker made the following corrections to the minutes of the regular meeting of October 5, 1994; Page 3, Item 9b., 1st paragraph, 5th line, change "Mayor" to "Council"; Page 3, Item 9d., 3rd paragraph, 3rd line, delete "surrounding the Ukiah Landfill and" and insert wording "The City needs to know exactly how much capacity is left in the landfill. But it is not necessary to have this information prior to the City Council making a policy decision on the 3M proposal or Ukiah taking all of the County garbage. A transfer station will eventually be assessed.,, Councilmember Mastin noted a spelling correction to Page 5, Item regarding Councilmember Mastin reports change "rodeo" to "roadeo". , M/S Shoemaker/Mastin to approve the minutes of the regular meeting of October 5, 1994, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. RIGHT TO APPEAL DECISIO~ Mayor Schneiter reviewed Section 1094.6 of the Government Code regarding the appeal process. ~ONSENT CAT.~NDAR M/S Shoemaker/Malone to approve the Consent Calendar as follows; 6a. Received and approved the report regarding September 1994 disbursements. 6b. Approved demolition permit for brick warehouse over 50 years old located at 263 N. State Street - Dorothy Cox. 6c. Approve demolition permit for three cabin structures over 50 years ~ld located at 273 E. Clay Street - Beverly Balletto. Reg. Mtg. October 19, 1994 Page 1 The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Emergency Agenda Item M/S Schneiter/Malone to add a New Business Item to the agenda regarding Authorize the Mayor to Execute Supplement No. Three to the Northern California Power Agency's Join%-Powers Agreement to Reflect Membership of the Port of Oakland in to Northern California Power AgenQ¥, as this matter of business arrived at the City after the preparation of this agenda and Council action is necessary prior to the next regular scheduled Council meeting. The motion was carried by a unanimous voice vote of all AYE. This matter ~f business then became New Business Item 10c. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Robert Reid, 1141 West Standley Street, commented the new fence under construction behind Giorno Field will effectively cut off public thoroughfare to City parks, that has traversed through Mr. Gil Fiedler's property, with his permission, for the past 30 years. He expressed concern that this fence will affect the whole upper westside neighborhood, and noted Mr. Fieldler is upset that the City would construct a fence to protect Mr. Mayfield's property. He urged Council to look at this new fence and see how existing fencing should be continued south to Gibson Creek and not east and west. He stated that City staff says there will be no lock on a gate, but expressed concern that it is only a matter of time when one could be put installed. The Assistant City Manager/Community Services Director commented this fence was installed at the rear of Giorno Park to reduce damage caused by bicycles to the slopes owned by the City which contains newly installed drains, constructed by Mr. Mayfield, as per an agreement with Mr. Mayfield. Mayor Schneiter requested staff to view the site with him and report back to Council as to alternative locatio~ of fencing. UNFINISHED BUSINES~ 9a. Set Date and Time for Interviews of City Treasurer Applicants It was the consensus of Council to set the time of 2:30 p.m. on Nov. 10, 1994, to conduct one half hour interviews of the four Planning Commission applicants, Patrick Cohen, Lee Lowery, Ray Worster, and Allan Johnson. NEW BUSINESS 10a. Review of League of California Cities Proposed Resolutions for October 23-26~ 1994 Annual Conferenc~ ~ Council reviewed a portion of the proposed League of California resolutions and discussed in general their views, and provided informal direction to League of California Cities voting delegate Councilmember Shoemaker, who will be attending the upcoming conference. It was the consensus of Council to continue this item of business until after the Public Hearing. PUBLIC HEARING - 7:00 p.m. Sa. Consideration of Resolution Adiustin~ Rates for GarbaGe an~ Recycling Collection Servi~c - - - The Public Works Administrator reported on the determination of an increase of residential and commercial garbage rates for City collection services. She reviewed the City Manager's report which addresses~.the needs based on consumer price index rate adjustment Reg. Mtg. October 19, 1994 Page 2 of 1.9%, the landfill gate fee increase on August 3, 1994 of 13.8%, recovery of tipping fees for August/September for Commercial increase of %3.7 and residential increase of %2.8, AB 939 State mandated recycling surcharge increase for increased curbside serve of %2.5 and Solid Waste Systems audit report. Discussion ensued regarding garbage rate comparison chart, enhancements to recycling services, past audit report showed garbage hauler loss, the need for a new recycling collection truck, the garbage haulers agreement and how the cost figure of $175,071 for the full cost of the residential, multi-family, commercial recycling and yardwaste collection programs. PUBLIC HEARING OPENED - 7:29 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:30 P.M. M/S Malone/Mastin to adopt the resolution approving the revised schedule of fees and rates for garbage and recycling collection service. Councilmember Shoemaker queried staff and Bruce McCracken, Ukiah Solid Waste Systems, Inc. Manager regarding paper recycling procedures, glass containers weight problems, and multi-family recycling programs. Councilmember Shoemaker stated the City of Ukiah recyclable diversion rate of 30% is excellent as it adds life to our landfill. He noted that labeling this program as a mandate of AB 939 should be discontinued and Ukiah should take full credit for a successful program. He further explained he cannot support the recommendation to make this rate increase retroactive, as it is not fair to assess businesses or residents in arrears. He noted that after citizens are informed, they should be allowed time to change their service. Councilmember Malone, the maker of the motion, agreed to amend his motion on the floor to adopt Resolution No. Res. 95-22 with the change for the effective date of the rate increase to November 1, 1994, instead of the recommendation for October 1, 1994, with approval from Councilmember Mastin, the maker of the second to the motion. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Shoemaker. NOES: Mayor Schneiter. Mayor Schneiter noted his noe vote only signifies his objection to the effective date of November 1, 1994. Recess - 7:45 p.m. Reconvened - 7:58 p.m. 10a. Review of League of California Cities Proposed Resolutions for October 23-26~ 1994 Annual Conferencc Council finished reviewing the proposed League of California resolutions with discussion and direction to League of California Cities voting delegate Councilmember Shoemaker, who will be attending the upcoming conference. 10b. Consideration of MCOG Joint Powers Aareement Amendmen~ M/S Mastin/Wattenburger to authorize the Mayor to execute MCOG JPA amendment to allow for appointment of alternate members. The motion was carried by a unanimous voice vote of all AYE. 10c. Emergency Item Added to Agenda - Authorize the Mayor ~, Execute Supplement No. Three to the Northern California Powe] Agency's Joint Powers Agreement to Reflect Membership of the Port of Oakland into the Northern California Power Agency, The Public Utility Director reported NCPA voted unanimously to adopt a r~solution directing the general manager to accept the Reg. Mtg. October 19, 1994 Page 3 . Port of Oakland's application for membership to the NCPA. He explained City approval is required to approve this supplement No. 3 to NCPA's Joint powers agreement, which will allow Port of Oakland's membership. Mayor Schneiter reported that the addition of the Port of Oakland will be beneficial to all members of NCPA. M/S Mastin/Malone to adopt Resolution No. 94-24 authorizing the Mayor to execute supplement No. 3 to the Northern California Power Agency's joint power agreement to allow membership of the Port of Oakland into the Northern California Power Agency. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 11. CITY COUNCIL/REPORTS Councilmember Mastin Reported he attended a neighborhood meeting surrounding Clara Avenue issues, and noted their concerns regarding lack of street lighting in the alleys and speeding cars on Clara. Councilmember Malone Reported the upcoming annual membership Main Street dinner will be on October 28, 1994, and encouraged Council to attend. Councilmember Wattenburger Reported on his participation as a pumpkin weigh-in judge last weekend, noted he is receiving good comments from students regarding the Ukiah High School police officer Kevin Devries, and reminded Council that the High School Homecoming is this weekend. Councilmember Shoemaker Commended City staff for their work conducting the pumpkinfest weighing competition, noted he looks forward to receiving the Ukiah Valley Conference Center quarterly report'and the State Board of Equalization sales tax reports; reported the Mendocino Solid Waste Management Authority has postponed it's meeting to November 2, 1994, and stated he keeps getting great reviews on the Museum's Frolic Exhibit. Mayor Schneiter Requested staff to agendize a resolution of support for Proposition 188 for the next Council meeting, noted he attended an Ad Hoc committee meeting at the Farm Bureau regarding Eel River Water issues and requested City staff to attend all future meetings as the City of Ukiah is a major player in Russian River Water rights, and noted he will be attending a Mayors/Managers meeting in Ft. Bragg regarding County Wide Emergency Services. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager briefly reported on other topics which were discussed at a recent Mayor/Manager,s meeting regarding consolidated Police dispatch and the new Drunk Driver diversion program with Ford Street Project. 13. CLOSED SESSION - NONE 14. ADJOURNMENT There being no further business the meeting was adjourned at 9:12 p.m. to a Solid Waste Workshop on November 1, 1994, 5:00 p.m., in the Civic Center Council Chambers CCMIN.177 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. October 19, 1994 Page 4 ITEM NO: 6a MEETING DATE: November 2, 1994 AGENDA SUMMARY REPORT SUBJECT: Claim for Damages, Deny and Refer to Insurance Carrier The claim from Patricia Walker received by the City Clerk on October 21, 1994, for alleged personal injury received when she fell on a uneven sidewalk. RECOMMENDED ACTION: Deny the claim for damage received from Mary L. Davis, and refer it to the City's insurance carrier. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not take action therefore extending the amount of time in which the claimant may file suit, 2. Approve the claim and authorize payment of damages. Acct. No. (if NOT budgeted): N/A Acct. No: Appropriation Requested: N/A Citizen Advised: N/A Requested by: Claimant ~ t Prepared by: Cathy McKay, City Clerk ~~ Coordinated with: Charles L. Rough, Jr., City Mar~ager Attachments: Copy _ of claim. / 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 CI]'Y CLE.¢d& DLU'i:,K I tvlEN'f IN THE MATTER OF THE CLAIM OF ) ) PATRICIA E. WALKER ) ) Claimant, ) ) VS. ) CITY OF UKIAH ) ) ) CLAIM.FOR DAMAGES FOR PERSONAL INJURY Claimant PATRICIA E. WALKER makes the following claim aga the City of Ukiah pursuant to the provisions of CalifornJ Government Code § 900 et seq. 1. Identity of Claimant: PATRICIA E. WALKER, 590 Nor~ Dora St., Ukiah, California. 2. Basis of Claim: On August 13, 1994 at approximatel, 8:00 p.m. PATRICIA WALKER tripped and fell over a broken sidewa] section located on the south side of Grove Avenue approximately 90 feet north of Dora Street. As a result of the crack the sidewall surface on the east side of the crack is raised approximately inch and a half above the surface on the west side of the crack. 3. Nature of Injuries: Although the full extent of PATRICl WALKER'S injuries remain undetermined, she did sustain a fracture¢ 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 wrist, a fractured cheek bone and whiplash injury to her neck, injury to her head and various cuts and bruises. PATRICIA is still undergoing medical treatment as a result of the accident. In addition, PATRICIA WALKER lost her half-time job as a result the injuries sustained and it is not known when she will be able locate substitute employment and return to work. 4. Responsible Employee: The names of any publ employees responsible for the crack in the sidewalk are unknown PATRICIA WALKER. 5. Amount of claim: Insofar as PATRICIA WALKER is receiving medical treatment and the extent of the inj ' sustained are not presently known, she is unable to state amount of her claim. Based on this lack of information · states that jurisdiction over the claim would rest in su~ court. 6. Notice: PATRICIA WALKER has retained Richard J Henderson as her attorney in this matter and asks that al communications regarding this claim be addressed to him at: Henderson & Mayo, 327 N. State St., suite 206, ukiah, CA 95482; Telephone: 707/468-8959. Dated: October ~, 1994 PATRICIA E. WALKER, Claimant ITEM NO. 6b DATE: November 2, 1994 AGENDA SUMMARY REPORT SUBJECT' AWARD OF BID FOR VARIOUS ELECTRICAL TRANSFORMERS A Request for Quotations (RFQ) for the following transformers were written: a) Five (5) 15KVA polemounts for overhead maintenance. b) Seven (7) 25KVA polemounts for overhead maintenance. c) Nine (9) 37.5KVA polemounts for overhead maintenance. d) Five (5) 50KVA polemounts for overhead maintenance. e) Four (4) 75KVA 208Y/120 volt padmounts for replacement of unit installed at the Beacon Station and to replace three high-risk transformers. f) Three (3) 150KVA 208Y/120 volt padmounts for replacement of three high-risk transformers. (Continued on Page 2) RECOMMENDED ACTION: Award bid for: five 15KVA, seven 25KVA, nine 37.5KVA, five 50KVA, two 300KVA and one 500KVA transformers to General Electric Supply Company for $5,258.75, $8,419.67, $14,717.70, $8,464.70, $22,139.62 and $11,615.28, respectively; four 75KVA, three 150KVA and two 300KVA to Western States Electric for $21,214.04, $19,456.23 and $17,052.76, respectively; and one 150KVA transformer to Westinghouse Supply Company for $6,268.76 ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and request new bids. Acct. No. (if NOT budgeted):N/A Acct. No.' 800-3646 Appropriation Requested: N/A Distribution Plant Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Martin Wobig, Electrical Distribution Eng. 463-6296 Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Equivalent Cost of Ownership Sheets mw:asr g) One (1) 150KVA 240A/120 volt padmount for replacement of unit installed at Maverick Enterprises Two (2) 300KVA 208Y/120 volt padmounts for the Airport Business Park warehouse and back-up stock. i) Two (2) 300KVA 240A/120 volt padmounts for 955 N. State St. and replacement of one high-risk transformer. J) One (1) 500KVA 208Y/120 volt padmount for the Mendocino County Administrative Building The City sero sixteen bids and seven bids were returned. The bids were opened by the City Clerk on October 25, 1994 at 2:00 p.m. Each bid was evaluated using an equivalent cost of ownership formula as stated in the specifications. This formula calculates the transformer energy losses and adjusts the vendor's bid to the actual cost of the unit over its projected life. The Equivalent Cost of Ownership Summary Sheet ranks the units in descending order to adjusts costs. The evaluated low equivalent cost bidder for each unit is as follows: Five (5) 15KVA General Electric Supply Company $5,258.75 b) Seven (7) 25KVA General Electric Supply Company $8,419.67 c) d) Nine (9) 37.5KVA General Electric Supply Company Five (5) 50KVA General Electric Supply Company $14,717.70 $8,464.70 e) Four (4) 75KVA Western States Electric $21,214.04 Three (3) 150KVA Western States Electric $19,456.23 g) One (1) 150KVA Westinghouse Supply Company $6,268.76 Two (2) 300KVA General Electric Supply Company $22,139.62 Two (2) 300KVA Western States Electric $17,052.76 J) One (1) 500KVA General Electric Supply Company $11,615.28 Bids include total tax and delivery. The funds to purchase these transformers are budgeted and approved for Fiscal Year 1994/95 in Account No. 800-3647. o ~8°°~ z w 0 wO >- 13:(/) W',~ ~W UJ ~ ~ o o ~ = ~o<~ ~ ~ z ~ o ~ ~ ~ ~ ~ ~WWWo0 Z 0 w cc 13: W ~ o~Dn 0 ~ < ,,, Z' n" II mO0 O0 OXX~ Z~ W II og + o o~9o OXX~ Z~ 0 wO 0 n- O n" ! WO ~ O0 ~Z 0 W ~ II z~+ Ocl~ o Oxx~ Z o3 iz3 w ~ 0 o Z ~"' ('~1 (~1 (~1 II "r' (/) + n" (/.j 0 -- ozO, n Oxx~ Z o3 Iz3 w~. .-I o ',~" o ~ o 0 ~,"~ ~~ ~ > ~ ~o~ ~ ~ O~ z ~~ 03n W ~W 0 O0 ~ O0 ~Z 0 II "1- (.0 + Z + Oor~ OZ._iCI Oxx~ m 0 W ILl ~ 03 Z o 0 ~o~ ~0 rr ,.. 0 O0 z 8° ~<~ > I--. I.- W UJ o,~1- 0 °g 0 "~w w~ UJ ~w ~ ~o0 0 ~ ~o °o~ ~ o~°o II "1-- o Oxx~ Z~ ,,,~ ~~oo :Zi'w w~ n o~o~ 0 ~ < ~o ~ z e o~ o ~~o z I ITEM NO. 6e DATE: NOVEMBER 2, 1994 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE EXECUTION OF GRANT OF EASEMENT TO P.G. & E. FOR OVERHEAD ELECTRICAL FACILITIES AT THE CITY OF UKIAH LANDFILL To facilitate the future enlargement of-the eastern sedimentation basin and to provide electrical power to the future site for the truck scale, Staff requested P.G. & E. to relocate an overhead power line along the east side of the landfill and to place a new service pole at the future scale pad. The relocation and new pole work has been completed. It is now necessary to grant a pole line easement to P.G. & E. which will incorporate the location of the relocated pole line. This easement would prohibit the City from erecting or constructing any building or other structure, or drill or operate any well under or within 10.0 feet of the center line of the described pole line. The Director of Public Works/City Engineer has reviewed the proposed easements and easement restrictions, and finds the descriptions and conditions satisfactory. It is recommended that the attached Grants of Easement be executed by the City. The City Attorney has reviewed the easement documents and his comments have been addressed. RECOMMENDED ACTION: Authorize the Mayor to execute the attached Grants of Easement over Assessor Parcel Numbers 178-210-01 and 178-130-01 (P.G. & E. Reference No. GMl134410 and SD75E81499) on behalf of the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS- None Acct. No. (if NOT budgeted):N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer 463-6280 Coordinated with: Charles L. Rough, Jr., City Manager Attachments: Grant of Easement Documents APPROVED: R: 1 \LAN DFILL:kk Al'GE AFTER RECORDING, RETURN TO: PACIFIC GAS AND ELECTHIC COMPANY 2641 North State Street O7dah, CA 95482 Transfer Tax $ Full Valu~ of Property Conv~'yod, or ] Coml~xl oa rndl Valu~ I.t~ Lice, & F-acumbran~' 'l"m~ of Sale.. $i..,,--,,~ of d~:l~mn~ or tl~at d~n-ttfit~ tax (SPACE ABOVE FOR RECOILD~-'~-'S USE ONLY) EASEMENT CITY OF UKIAH, a municipal corporation, hereinafter called first party, hereby grants to PACEFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a mute as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the City_ of Ukial! County of Mendocino , State of California, described as follows: (APN 178-210-01 & 178-130-01) I. The parcel of land, situate ia the City of Ukiah, described in the deed from Leonida Franceschi and others to the City of Ukiah dated December 17, 1993 and recorded in Book 2138 of Official Records at Page 557, Mendocino County Records. II. The parcel of land described in the deed from Forrest MacDonald and wife to the City of Ukiah dated January 31, 1955 and recorded ia Book 389 of Official Records at Page 557, Mendociao County Records. Said facilities shall consist of: Such poles, aerial wires, cables, electrical conductors with associated crossarms, braces, transformers, anchors, guy wires and cables, fixtures, and appurtenances, as second party deems necessary located along the route described as follows: Commencing at the found 1/2 - inch iron pipe tagged R.C.E. 22623 accepted as marking the northeast comer of LOT 70 as shown upon the Final Map of Vichy Springs Community Homes Unit One filed for record ia Map Case 2, Drawer 51 at Page 51, Mendocino County Records, and running thence (a) north 7° 16.1' east 700.2 feet to a point ia an existing line of poles erected on said lands under and by virtue of the unrecorded deed from Salvatore Franceschi and wife to Pacific Gas and Electric Company dated October 5, 1959, being the TRUE POINT OF BEGINNING of this description; thence (1) north 0° 51.1' east 191.5 feet; thence (2) north 33° 02.7' east 325.2 feet; thence (3) north 52° 30.2' east 981.6 feet to a point in an existing line of poles erected on said lands under and by virtue of the unrecorded deed from the City of Ukiah to Pacific Gas and Electric Company dated June 4, 1965. First party further ~ants to and confirms in second party all necessary rights for second party's existing poles, wires and other appurtenances located on said lands., as depicted on the map, attached hereto, and incorporated herein. The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Pacific Gas and Electric Company pursuant to Section 8730 (c) of the Business and Professions Code. SHEET A- 1 Second party shall also have the right from time to time to trim and to cut down and clear away or otherwise control any and all trees and brush now or hereafter on said strip or said parcel of land or along said route, as herein before set forth, and shall have the further right from time to time to trim and to cut down and clear away any trees on either side of said strip or said parcel of land or along said route, as herein before set forth, which now or hereafter in the opinion of second party may be a hazard to the facilities installed hereunder by reason of the danger of falling thereon, provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of the first party, but all branches and brush shall be burned or removed by second party. Firstarty shall not erect or construct any building or other structure or drill or operate any well underPwithinor 10.0 feet of the center line of second party's electrical conductors and within said strip of land. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated ,19 . Executed in the presence of: City of Ukiah, a municipal corporation Wimess NORTH COAST DMSION, UKIAH OFFICE GM 1134410, SD 75E81499 MAP S-17, S-17-18, UK-1001 T15N, R12W, MDB&M SEC. 10, SE 1/4 of SE 1/4 SEC. 15, NE 1/4 of NE 1/4 D&C# Prepared By: WRL Checked By: NOR By. By. /. ~.~ // ~ o' ~.~' E I~ - ~ ,,,., /~,,,,.,o,, ,~:, C1,7 O; o,, t /; ~1~ hltd: l~-l~-~g / / Exist. Pole Fd. I1~' icon Unless o ~her~ise sho~ ~ Cl~ ~ ' ~ 51 e~ ~ ~.t~ to o-~ -- ~ ' ~ OTHER REFERENCES: along bo~darle$ or lines , CITY UKIAH [ COUNTY OF MENOOCINO 178 - 21~ t 178- 13~] STATE OF COUNTY OF On personally appeared before me, !-1 personally known to me - OR - I-! proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me the he/she/they executed the same in his/hedtheir authorized capacity(les), and that by hislhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. $4GNAI'URI= OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 1-1 INDIVIDUAL I-I CORPORATE OFFICER TITLE(S) I"I PARTNER(S) r-I LIMITED l"! GENERAL r"1 A'I-I'ORNEY-IN,FACT I"I TRUSTEE(S) I"1 GUARDIAN/CONSERVATOR 1"! OTHER: DESCRIPTION OF ATTACHED DOCUMENT PG&E RIGHT OF WAY TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PIERSON(S) OR ENTTTY(IES} SIGNER(S) OTHER THAN NAMED ABOVE ITEM NO. 8a DATE- November 2, 1994 AGENDA SUMMARY REPORT SUBJECT' ADOPTION OF RESOLUTION SUPPORTING THE EFFORTS OF THE CHARTER COMMITTEE TO FORM A GIRLS AND BOYS CLUB OF UKIAH The City Council is well aware of many worthwhile efforts to help the young people of our community. One such effort is by a group of concerned citizens who have formed a Charter Committee to form a Girls and Boys Club of Ukiah. They have received significant support from many parents, local businesses and agencies, and are requesting a resolution by the City Council to demonstrate that their efforts have the support of local government. Staff recommends adoption of the resolution, and believes the efforts by this group of citizens positively compliments the City's Youth Service Ukiah Program, the Ukiah Chapter of the P.A.L. Program, and other valuable programs for our young people. All of these efforts, taken in their totality, have the potential of making a real difference in our community, and the lives of our young people. RECOMMENDED ACTION- Adopt resolution as presented. ALTERNATIVE COUNCIL POLICY OPTIONS- 1. Amend or modify resolution as presented. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised- N/A Requested by: Charter Committee of the Boys and Girls Club of Ukiah Prepared by- Charles L. Rough, Jr., City Manager Attachments: 1. Letter, dated October 19, 1994, from the Charter Committee of the Girls and Boys Club of Ukiah 2. Resolution R: 4/CM ASRBOY · TO: MAYOR FRED SCHNEITER & MEMBERS OF THE UKIAH CITY COUNCIL FROM: THE CHARTER COMMITTEE OF THE GIRLS AND BOYS CLUB OF UKIAH OCT. 19,1994 We have come before you to ask for a resolution of support for our efforts to establish a Girls .and Boys Club in the City of Ukiah. Our group, comprised of concerned citizens, came together last winter out of a mutual desire to help the young people of the Ukiah Valley. We saw a great, need for a facility-based activity program, where our children could feel comfortable and safe. The Girls and Boys Club of Ukiah will primarily be a guidance program, using a variety of acUvities to foster the social, cultural, physical, and educational development of the youth of Ukiah. Since our inception, we have received a great deal of support from the community. Many parents, local businesses, and agencies, have expressed their enthusiasm and support for our efforts. After spending several months evaluating all our options we have chosen to go forward with opening the club. To date we have filed our Articles of Incorporation, applied for tax exempt status, and have organized a site selection and finance committees. We will use this resolution of support to show the Boys and Girls Clubs of America, and other national support agencies, that we have the backing of the local government, as well as the private sector. We would be happy to answer any further questions the council may have concerning our plans. Thank you for your time and efforts on our behalf. · Sincerely, ~ M. MCAVOY JR. :o:: THE GIRLS AND BOYS CLUB OF UKIAH 6 7 8 9 10 11 12 13 14 1,5 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE EFFORTS OF THE CHARTER COMMITTEE TO FORM A GIRLS AND BOYS CLUB OF UKIAH WHEREAS, a group of concerned citizens has come together out of a mutual desire 'to help the young people of the Ukiah Valley; and WHEREAS, this group of people sees a great need for a facility-based activity program, where the children and their families could feel comfortable and secure; and WHEREAS, the Girls and Boys Club will primarily be a guidance program, using a variety of activities to foster the social, cultural, physical, and educational development of the youth of Ukiah; and WHEREAS, since inception, this group of parents has received a great deal of enthusiasm and support from other parents, local businesses and agencies, and after "several months of planning and evaluating all the options, this group of concerned .parents has decided to go forward with this project; and WHEREAS, Articles of Incorporation have been filed, tax exempt status has been applied for, and site selection and financing committees have been established. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that the City hereby supports the efforts of the Charter Committee in their efforts to form a Girls and Boys Club of Uklah. vote: AYES: NOES: ABSENT: ATTEST: PASSED AND ADOPTED this 2nd day of November, 1994, by the following roll call Fred Schneiter, Mayor Cathy McKay, City Clerk R:4/Res:Boys ITEM NO. 8b DATE: November 2, 1994 AGENDA SUMMARY REPORT SUBJECT: DESIGNATE COUNCILMEMBER AS ALTERNATE TO MENDOCINO COUNCIL OF GOVERNMENTS At the October 19, 1994 City Council meeting, the City Council approved a request from the Mendocino Council of Governments (MCOG) to establish a system of alternates from each member jurisdiction to MCOG, so that representation from each, as well as a quorum, can be assured at the monthly MCOG meetings. Our current designated City Council representative to the Mendocino Council of Government is Councilmember Jim Wattenburger. This evening the Council is being asked to consider designating a City Councilmember as the alternate City representative to MCOG. RECOMMENDED ACTION: Council designate a City Council representative as alternate to the Mendocino Council of Governments. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council chooses to delay designation of an alternate representative to MCOG. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested- N/A (if budgeted) Citizen Advised- N/A Requested by- City Manager Prepared by: Charles L. Rough, Jr., City Manager Attachments- 1. List ~f Cu~rrent Committee Assignments APPROVED' ~~ j~ R:4/CM ASRCOG COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Mendocino Council of Governments (MCOG) Mendocino Council of Governments Economic Development Steering Committee MTA Board of Directors Ukiah Valley Sanitation District City Selection Committee Mendocino Solid Waste Management Authority (JPA) County Overall Economic Development Committee Northern California Power Association NCPA Alternate Redwood Empire Municipal Ins. Fund (REMIF) Alternate Redwood Empire Financing Authority (REFA) Chamber of Commerce Liaison League of California Cities Liaison Sun House Guild Ukiah Players Board Mayor/Managers Committee Valley Wide Task Force Valley Wide Water Task Force October 5, 1994 ASSIGNED TO Wattenburger Mastin Mastin Mayor or Vice-Mayor Mayor (Required) Shoemaker City Manager designee Schneiter City Manager or Electric Utility Director City Manager Asst. City Manager City Manager (By Resolution) Malone Shoemaker Malone City Manager Mayor/City Manager Shoemaker/Schneiter City Manager or Shoemaker/City Manager or his designee his Downtown Master Plan Committee Redevelopment Finance Review Committee Main Street Board of Directors North Coast Opportunities Board Mastin Agency Chairman/ Wattenburger Mastin-Alternate Malone/City Manager Schneiter/City Manager-Alternate AGENDA SUMMARY ITEM NO. 8C DATE' November 2t 1994 REPORT SUBJECT' ADOPTION OF RESOLUTION OPPOSING PROPOSITION 188, THE "CALIFORNIA UNIFORM TOBACCO CONTROL ACT" This City Council adopted a far-reaching smoking control ordinance in October, 1993, which bans smoking in all public places, restaurants, and worksites. Adoption of this ordinance by the City Council followed an extensive public opinion survey which .indicated that the majority of resident and business respondents favored this tougher approach to protecting citizens from second-hand smoke in public places. Proposition 188, which is on the November ballot, would establish a statewide smoking standard and repeal all existing local and state ordinances that restrict the use, sale, distribution, or promotion of tobacco. Today, more than 300 communities have some kind of smoking or tobacco control law in place. All would be repealed by Proposition 188. Cities would be forbidden, forever, from enacting the smoking laws desired by residents in the community, and would be stuck with a law that is weaker than existing state statutes and many communities' local ordinances. Over 60% of the population of California lives in cities and counties which have tougher tobacco controls than contained in Proposition 188, and would suffer reduced protection from environmental tobacco smoke if Proposition 188 passes. (Continued on Page 2) RECOMMENDED ACTION- City Council adopt resolution opposing Proposition 188, the "California Uniform Tobacco Control Act" ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Council adopt amended resolution. 2. Council determine resolution is not necessary at this time. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by- Prepared by- Attachments- APPROVED- R'4/CM ASR188 Acct. No.- (if budgeted) Charles L. Rough, Jr., City Manager Supporters of Proposition 188 maintain that the state needs a uniform statewide standard for tobacco regulation. But, California already has a statewide standard for enclosed places of employment. This year California enacted AB 13, by Assembly Member Terry Friedman, which establishes a statewide smoking prohibition for most enclosed places of employment (including restaurants and most work places). Equally important, AB 13 allows communities to regulate smoking in areas not covered by the state standard. The California League of Cities has taken a position in opposition to Proposition 188. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH OPPOSING PROPOSITION 188, THE "CALIFORNIA UNIFORM TOBACCO CONTROL ACT" WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (ETS), or second hand smoke, has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to ETS kills an estimated 40,000 persons every year; and WHEREAS, the State of California, as well as many counties and municipalities, conduct aggressive public education campaigns to discourage tobacco use, particularly among children; and WHEREAS, Ukiah passed a smoking control ordinance in October 1993 which bans smoking in all public places, restaurants and worksites in order to protect against exposure to ETS; and WHEREAS, Proposition 188, mistitled the "California Uniform Tobacco Control Act" would repeal the local smoking control ordinance passed in Ukiah and replace it with a state wide law which could permit smoking in every restaurant and workplace in the State; and WHEREAS, over 60% of the population of California lives in cities and counties which have tougher tobacco controls than contained in Proposition 188, and would suffer reduced protection from ETS if Proposition 188 passes; and WHEREAS, Proposition 188 is being sponsored by Phillip Morris, the largest cigarette manufacturing company in the world, and they 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 do not deny it; and WHEREAS, Proposition 188 prohibits local government from ever passing any tobacco control legislation in the future, and prohibits community organizations from monitoring the illegal sale of cigarettes to minors through tobacco purchase surveys or "sting" operations utilizing minors attempting to purchase tobacco; and WHEREAS, the ventilation standards proposed in Proposition 188 for application to indoor smoking will remove the odor of smoke from the air, but not the cancer causing substances which pose a threat to public health. NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council opposes Proposition 188; and BE IT FURTHER RESOLVED that the Ukiah City Council will take immediate steps to inform the residents of the negative impact of Proposition 188 on the community. PASSED AND ADOPTED this 2nd day of November, 1994, by the following roll call vote: AYES: NOES: ABSENT: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk 4: Res: 188 ITEM NO. 8d MEETING DATE: 11/2/94 AGENDA SUMMARY REPORT SUBJECT: Resolution declaring 273 Clay Street a public nuisance and City Council's intent to commence abatement proceedings SUMMARY: 273 Clay Street contains 10 detached buildings currently owned by Beverly Balleto who lives in Redwood Valley. She has applied to the Building Department for a permit to demolish three of the buildings: two residential rental units and one storage unit. The remaining seven buildings are rented as residential dwellings. The City Council approved the issuance of the demolition permit, since the buildings are over 50 years old. The rental units for years have been called "Cohen's cabins." The cabins are uninhabitable and represent a health and safety hazard to the occupants and the general public. These conditions constitute a public nuisance as defined in Ukiah City Code Section 3300. Recent efforts to correct the conditions include a letter from the City Manager to the owner dated April 28, 1993 (Attachment 1), followed by a meeting May 12, 1993, between City staff and Ms. Balleto. (See May 12, 1993 letter from Mike Harris - Attachment 2.) In that meeting Ms. Bellato agreed to an inspection of the property and the cabin which was, in her opinion, in the best condition. Based on the results of the inspection she was to propose a plan to correct the deficiencies by May 24. By May 26 the staff would respond to her proposed plan. At that time, staff indicated that they would request the City Council to determine whether to initiate nuisance abatement proceedings. (Continued on next page) RECOMMENDED ACTION: Adopt resolution declaring nuisance and intent to commence abatement proceedings. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide additional opportunities to abate conditions prior to commencing formal abatement proceedings; determine that conditions do not warrant abatement. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizens Advised: N/A Requested by: Charles L. Rough, City Manager Prepared by: David J. Rapport, City Attorney Community Develop~n~ Coordinated with: Director of ' / Public Works C~ ~ /~f/~~ Dire~tprj Attachments: Attachments 1 - 6, Res~i~n , Approved: s:\u~docs94~agenda.coh 1 October 28, 1994 (Continued from page one) The City Building Inspector and Fire Marshall inspected the property on May 13, 1993. The results of that inspection are set forth in a memorandum from Cliff Shepard, dated May 18, 1993. (Attachment 3.) An inspection of the "best unit" on the property revealed a foundation consisting of unbraced 4" x 4" posts resulting in a pronounced slope in the floor, walls without top plates or bracing, windows nailed shut, inadequate sanitation facilities, 30 amp electrical service in a dangerous condition, drain pipes that have sagged out of alignment, leak, are improperly vented, and have unused openings that allow sewer gases and sewage to escape, a space heater that is improperly installed and vented, a gas water heater that is improperly installed and vented, and unrepaired fire damage both inside and outside the cabin. The Fire Marshall also identified numerous violations of the Uniform Fire Code. (See April 22, 1993 memo from Fire Marshall - Attachment 3.) Following these inspections, by letter to Ms. Balleto, dated May 19, 1993, the Director of Community Development confirmed the previous agreement under which the inspection had been conducted and requested Ms. Balleto to propose a plan for correcting the dangerous and inadequate condition of the cabins. On May 24, 1993, Ms. Balleto proposed a four year plan to upgrade the units. On May 26, 1993, the Director of Community Development rejected a four year time period, but agreed to six months subject to stated conditions. (August 26, 1993, letter from Mike Harris - Attachment 4.) On March 23, 1994, the property was reinspected by the City's Code Enforcement Officer. He found the same conditions with no improvement. (See Inspection Report, dated March 31, 1994, from Carl Tuliback - Attachment 5.) Despite these efforts to secure the property owner's voluntary compliance with applicable codes, the property remains a fire hazard and a danger to occupants and members of the public. Pursuant to Government Code Section 38773.5, the City has adopted Ukiah City Code Sections 3300-3310. These sections provide a procedure for abating a nuisance and making the cost of abatement a special assessment against the parcel where the nuisance exists. The resulting assessment may be collected at the same time and in the same manner as ordinary property taxes. Failure to pay the assessment is subject to the same penalties and the same procedure and sale that are used to collect delinquent property taxes. s:\u\docs94\agenda.coh October 28, 1994 2 Under those Code Sections, the City Council starts the process by adopting a resolution which declares the existence of the nuisance and its intention to commence proceedings to the abate the nuisance. A resolution is attached for this purpose. The resolution is recorded in the county property records. The Building Official posts a notice on the property and a notice is sent to the property owner. A copy of the proposed notice is attached as Attachment 6. The City Council must conduct a hearing not sooner than 30 days after the notice has been posted and served. At the hearing, the City Council must hear and consider all objections and protests and the testimony of the owner, witnesses or interested parties. After hearing all of the evidence and argument, the City can adopt a resolution ordering the Public Works Director to repair or remove the structures or other conditions creating the nuisance. The Public Works Director must wait thirty days before commencing work. The City Council can make this order, if it finds that good and sufficient cause does not exist why the buildings should not be removed or repaired. The resolution provides the necessary authority to enter upon private property for that purpose. A copy of the resolution must be served on the owner. Within the thirty days, the owner can remove or repair the buildings at his or her own expense. The City would also have to post an order requiring any tenants to vacate the premises, if the Public Works Director determines to demolish the buildings. If the Public Works Director abates the nuisance, he provides the City Council with an itemized report showing the costs of abating the nuisance. The City can include its costs in preparing notices, specifications, contracts, service and mailing. Prior to submitting the report, he must post a copy of it on the property for five days and serve a copy on the owner. The City Council shall set a time for hearing the report. After conducting the hearing, the City Council adopts a resolution confirming or correcting the report. A copy of the resolution is delivered to the Assessor and Tax Collector. They are required to include this amount as a special assessment and collect it in the same manner as other property taxes. [End] s:\u\docs94\agenda.coh October 28, 1994 3 ,:..'.(,':. / i. ~' 300 SEMI~RYAVE., UKIAH, ~ 95482-5400 ,..~......- ., · ~MIN. 707/4634200 · PU~IC ~ 463-6242/6274 · F~ I 7071463-6204 · Ms. Boverly Ballo~o 500 kau~hlin Way ~o0woo0 Valloy, GA ~5470 CERTIFIED April 28, 1993 Dear Ms. Balletto, This is a follow up to the conversations you have been having with Mike Harris, our Director of Community Development, regarding your property at 273 East Clay Street. The City of Ukiah is very concerned with the living conditions existing on the subject property. The situation is such that formal action by the City is necessary to bring the units up to minimum acceptable levels for human habitation. We appreciate your efforts to supply the community with affordable housing, but we must ensure that the health and safety of our residents is maintained. On April 20 the Building Official and the Fire Marshal conducted inspections of the property and found the grounds and structures substandard relative to the safety and welfare of occupants. The Building Official's observations indicate the situation is such that compliance with Chapter 10 of the Housing Code is absolutely necessary. Chapter 10 does not specify particular code requirements but identifies general standards for acceptable living conditions. A listing of the pertinent points identified by the Building Official is attached for your information. The Fire Marshal's comments (copy attached) are more specific, but cannot be implemented until the general conditions are drastically improved. Because of the extensive problems on the site, you will be required to completely upgrade the property and bring the units into code compliance prior to occupancy of the fire damaged units and even continued use of the other "dwellings". Demolition of the structures may be necessary in which case rebuilding for residential uses within this C-2 zone would not be allowed. We will have to evaluate how extensive the upgrades would be in the context of the zoning code allowances. In light of these facts, a meeting between yourself and pertinent City staff will be scheduled for the Week of May 3-7 to discuss the options available to you for the property. If you have a preference for time or date please contact me or Mike Harris immediately. Until this meeting, any construction on the property requiring building permits by the City of Ukiah cannot take pla.ce. er ly, ~sl~L.~14~(~'. City Manager O' City Council City Attorney ,/Director of Community Development Building Official Fire Marshal Attachment 1, Page 1 of 3 Items Within Uniform Housinq Code Chapter 10- Substandard Buildinq~ Identified By Buildinq Official As Applicable to 273 East Clay Street Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following: Improper water closet, lavatory, bathtub or shower in a dwelling unit. Lack of adequate heating facilities. Lack of minimum amounts of natural light and ventilation required by this code. Room and space dimensions less than required by this code. Lack of required electrical lighting. General dilapidation or improper maintenance. Structural Hazards. Structural hazards shall include but not be limited to the following: Deteriorated or inadequate foundation. Defective or deteriorated floodng or floor supports. Members of walls, partitions or other vertical supports that lean, list due to deterioration. Members of ceilings, roofs which sag, due to deterioration. Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner. Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures. Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. Faulty Weather Protection, which shall include but not be limited to the fOllowing: Deteriorated or ineffective waterproofing of extedor walls, roof, foundations or floors, including broken windows or doom. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. Potential Substandard Items: - ° Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. Nuisance. Any nuisance as defined in this code. Fire Hazards. any building or portion thereof, device, apparatus, equipment, combustible waste Attachment 1, Page 2 of 3 or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensily of fire or explosion arising from any cause. Faulty Materials of Construction. All materials of construction except those which are specifically allowed approved by this code and the Building Code, and which have been adequately maintained in good and safe condition. Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards. MU:REPORT'S~SUBCODE Attachment 1, Page 3 of 3 · ADMIN. 707/463-6200 · PUBUC SAFE'i~ 463-6242/6274 · FAX It 707/463-6204 · CERTIFIED MAIL May 12, 1993 Ms. Beverly Balletto 500 Laughlin Way Redwood Valley, CA 95470 Dear Beverly, We appreciate meeting with you this afternoon t° resolve the issues regarding the housing conditions on your property at 273 East Clay Street. This is a written recap of the meeting identifying the schedule and process we agreed too. By tomorrow, Thursday May 13, you will provide Clif Shepard, Building Official, with the unit you believe is in the best condition of any on the site. This will be the single unit will inspected by Clif and Roe Sandelin, Fire Marshall, being the basis for the written report on the property. It is your responsibility to make arrangements with the tenants and City staff for the inspections. The written evaluation of the unit will be submitted to you by Wednesday, May 19. This will describe the provisions of the building code which are lacking in the identified unit. From this listing you should be able to determine the extent of the situation and create a program to comply with the codes for the entire residential complex. To reiterate, this will reflect the inspection of your "best" unit, so the deficiencies in the others should be Considerably more extensive. Accordingly, you are to return to us on Monday, May 24, a complete proposal of what you plan to do with all of the units. This program will include: 1) how the project will be financed, 2) a precise schedule of when the work will occur, 3) what will be done to each unit and what the priority of the work will be, and 4) how you will provide interim housing for the current occupants. Clif, Roe, the City Manager, and I will analyze your proposal and determine if it will satisfactorily meet the City's requirements by Wednesday, May 26. I'm sure we will discuss this with you to insure we completely understand your objectives. From these we will recommend a course of action. That action will be agendized for the City Council Council's Wednesday, June 2 meeting. At that meeting we will be recommending whether or not the City Council should initiate nuisance abatement proceedings for the property. Attachment 2, Page ] of 2 '~Ve Are Here To Serve" 300 SE · ADMIN. 707/463-6200 · FAX # 707/463-6204 Beverly Balletto May 12, 1993 page 2 UKI^H, CA 95482-5400 PUBUC SAFETY 463-6242/6274 · As I noted in our meeting, we appreciate your attempts to provide low and moderate income housing in the community, but we must be satisfied it meets the minimum standards for human habitation. If you have any questions or we can provide any additional information, don't hesitate to contact me. We look forward to working with you to resolve the situation. Sincerely, Michael F. Harris Director of Community Development C: City Manager Building Official Fire Marshall City Attorney rnh;wp51/hou~ng balletto2. Attachment 2, Page 2 of 2 '~Jrv'e Are Here To Serve" MEMORANDUM DATE: April 22, 1993 TO: FROM: SUBJECT: Chuck Rough, City Manager Roe M. Sandelin, Fire Marshal 273 E. Clay Street On April 20, 1993, an inspection of the premises at 273 E. Clay Street was conducted to determine compliance with fire safety regulations. The following deficiencies were identified: a. Each dwelling unit is required to have a fully functioning smoke detector installed according the manufacturers guidelines. Some units do not have smoke detectors. (Health and Safety Code 13113.7) b. Fire extinguishers must be provided for use by tenants in case of fire. Extinguishers must be located within 75 feet travel distance, be readily accessible, and be classified as 2A:10BC, minimum. An alternative would be to place one extinguisher classified as 1A:10BC in each individual dwelling unit. Compliance could not be verified. (Uniform Fire Code 10.505) c. Approved numbers must be placed on all buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers must contrast with their background. (Uniform Fire Code 10.301) d. Heating appliances shall be installed and maintained in accordance with their listings and the Uniform Building, National Electric and Uniform Mechanical Codes. Clearance from combustible material shall be maintained as set forth in the Uniform Building and Uniform Mechanical Codes and the product listing. (Uni[orm Fire Code 11.404) e. Combustible rubbish kept or accumulated within or adjacent to buildings or structures shall be stored in approved containers or in rooms or vaults constructed of noncombustible materials. The term "rubbish" as used in this code section refers to "waste material including, but not limit6d to, garbage, waste paper and debris from construction or demolition. (Uniform Fire Code 11.302. a) Attachment 3, Page 1 of 2 273 E Clay St. page 2 f. Fire apparatus access roads are required to be provided for every facility, building or portion of a building when any portion of an exterior wall is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. The existing driveway system provides the necessary access but is often obstructed by parked vehicles and discarded appliance. The driveway must be identified as a fire lane and maintained in an open condition to the approval of the fire department. (Uniform Fire Code 10.203) Attachment 3, Page 2 of 2 · ADMIN. 707/463-6200 · PU~C ~ 463-6242/6274 · F~ ~ 707/463-6204 Ms. Beverly Balletto 500 Laughlin Way ~edwood Valley, OA g5470 CERTIFIED MAIL August 26,' 1993 Dear Beverly, This will verify the City of Ukiah's position regarding your proposal to complete improvements to the residential units at 273 E. Clay St. As we have discussed on several occasions, the four years you have indicated is too long, but six (6) months would be acceptable. This will require combining the tasks identified in your May 24 letter so that all repair and reconstruction is completed by March 1994. We had originally thought a two year period could be accomodated, but the situation is such a health and safety concern that the most expeditious time frame must be imposed. All necessary permits required for these repairs and rebuilding shall be secured prior to commencing the work. This will entail plans prior to issuance of the building permits. Monthly inspections of the work will be conducted to insure compliance with this proposal. In the event satisfactory progress is not made, the entire project will be terminated, and you will be required to secure other accommodations for the tenants, and the structures removed. Immediate action must be given to removing the illegal trailer on the site. This matter was brought to your attention some time ago, citations have been issued by the Police Department, and it still remains on the property, as verified by on-site inspection last Friday, August 13, 1993. If this violation is not rectified by September 7, it will be considered as a failure to comply with the whole upgrading effort and require us to abandon the agreement noted above and initiate abatement proceedings. It should be noted that the trailer is in specific violation of Ukiah City Code section 2461, which is over and above the general deterioration of the units. We thank you for your continued willingness to work with the City to rectify this situation. I'm sure you understand, however, the necessity to resolve the matter in a rapid manner. If you have any questions, or l can be of any further assistance don't hesitate to contact me. Director of Community Development c: Charles L. Rough, Jr., City Manager Clif Shepard, Building Official Roe Sandelin, Operations Chief David Rapport, City Attorney Attachment 4, Page 1 of 2 ¢ rrr~lote dems 1 and.(:}, 2 for additional services. ~ ~ r:D 9t¢ ~ems 3. and 4a & b r:r T '¢3Ur name and address (,n the reverse of this form so that we can ret ~r~ ~hls card to you. · %f~]ch tins form to the front of the mailpiece, or on the back if space cof~s rlo~ permit. · ','~ :e 'Return Receipt Requestud" on the mailpiece below the article number. · the Return Receipt wdl show [o whom the article was delivered and the date del:vered. >' PS Form 3811 December 1991 I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a. Article Number o ReerViceType gistered [] Insured~,,,~ [] Certified []~n [] Express Mail Re.cE eturn Receipt for Merchandise 7. Date of Delivery 8. Addressee's Address (Only if requested and fee is paid) *u.s.G,o: ,gg2-,~3-4o2 DOMESTIC RETURN RECEIPT P 611 747 281 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) [Street and_No. . PO., Slate and ZIP.t"x~de Postage ~ , Certified Fee !Special Delive~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return~~ to whom, Dat~n~r~ ~live~ TOIAL~os,~J~~ 0 Attachment 4, Page 2 of 2 DATE: TO: FROM: SUBJECT: INSPECTION REPORT March 31, 1994 Michael F. Harris, Director of Community Development Charles Rough, City Manager Carl Tuliback, Code Enforcement Officer 273 East Clay Street On March 23, 1994 a complaint was received and an inspection of the premises at 273 East Clay Street was conducted to determine compliance with Uniform Housing Code, Zoning Ordinance, and Uniform Building Code. While on the premises I met with Charlotte Wright who is the manager and occupies #3. Mrs. Wright allowed me to view the inside of unit #3. Findings are listed on the Substandard Housing Report. The following violations were identified: Structural Hazards: . . 5. 6. 7. 8. 9. 10. 11. 12. 13. Deteriorated and inadequate foundation. Deteriorated and unstable floor and floor supports. Floor supports have buckled to the extent that other structural portions are wracking, warped, and buckled. Floor covering is dilapidated and deteriorated. Wall members and vertical supports are leaning and buckled due to deterioration. Ceiling members and materials are sagging, split, and buckled. Roof members are wracking, warped, and have settled due to deterioration. Roof covering and materials are deteriorated, leaking, and missing. Exterior siding/covering is not sufficient strength or stability, not anchored in place. Exterior materials are warped, buckled, and deteriorated. Doors have settled due to building's wracking causing inability to close. Windows are nailed closed, boarded over, and broken out. Stairs and landings are unstable, unsupported, and deteriorated. Hazardous Electrical Wirinq_.' . 2. 3. 4. Electrical repairs are not in accordance with accepted construction practices. Service amperage is insufficient for imposed loads. Electrical wires have been damaged from past fires. Outlet and switches are not covered and are arcking. Attachment 5, Page 1 of 7 . 6. 7. 8. 9. Exterior lights, outlets, and switches are not of G.F.I. or weather tight. Water leaking on/and electrical wires lying directly in water. Exterior wiring is of non-approved exterior type. Service wiring not properly supported and in direct contact with structures. Wiring has deteriorated and is bare and exposed in places. _Hazardous Plumbing: . 2. 3. 4. 5. . . Building sewer is not water tight. Sewer line lacks property clean outs. Sewer joints are leaking and improperly installed. Sewer pipe is totally unsupported and not protected from physical damage. Sewer piping has not been maintained in good working condition. Sewer piping and its connections are not installed in accordance with general construction practices. . D.W.V. system is unsupported and insufficient per fixture units. D.W.V. system is broken at joints and leaking under floor. Hazardous Mechanical System.'_ . Hot water heaters are: A. Not vented properly. B. Unsupported at their base. C. No pressure, temp relief valves. D. Lacks seismic braces. E. Exposed to all elements. F. Under size gas fittings and piping. G. Most hot water heaters are rusting and deteriorated due to direct exposure to weather. Weather Protection: . . All exterior walls, roofs, foundations, floors, windows, doors, and mechanical equipment are deteriorated and lack proper weather proofing. Exterior siding lacks proper paint. Windows and doors are not weather striped. Ail structures lack proper insulating materials. Other Hazardous Conditions: . Accumulation of trash and debris to include, but is not limited to, junk, automotive parts, furniture, appliances, scrap wood, exposed and bagged garbage, stagnant water, combustible materials, weeds, vegetation, rat and rodent harborage, and abandoned and inoperative vehicles. Violation of City Ordinance No. 4420. Attachment 5, Page 2 of 7 . Parking and living in a travel trailer or camper shell violation of City Ordinance No. 2401 and 2460. Summary: Inspection of the outside and accessible areas of all buildings on the premises, along with the inside of unit #3, I have come to the following evaluation: . Alterations or repairs have been performed or installed not in accordance with generally accepted construction practices and without permits. . Endangers the life, limb, health, property, safety, and welfare of the public or the occupants, therefore should be deemed substandard. . All structures are in conditions outlined in Abatement Of Dangerous Building Code Sections 3021 through 16 and shall be deemed Dangerous. . All structures are in conditions outlined in Uniform Housing Code Sections 1001 A through M and shall be abated. Whenever for any reason building or structure or any portion thereof, is manifestably unsafe for the purpose for which it is being used, shows 33% or more damage or deterioration of its supportive members or 50% damage or deterioration of it non- supporting members, damaged by fire, constructed, exists, maintained in violation of any specific requirement or is inadequately maintained, dilapidated, decayed, damaged or faulty shall be deemed dangerous and abated. MU:CODE~2.73CLAY Attachment 5, Page 3 of 7 Property A(ldress: Type of Structure: Other Structure(s)? AREA AND ITEM .~' IP~STAHI'~AP, I~,, tlOUSING ]~ISPECTION. FORM No. of Sleeping Rooms YES NO BATHROOM 1. Is toilet in good working order? 2. Is wash basin available? 3. Is bathtub/shower in good repair? q. Is water pressure adequate? 5. Are drains functioning properly? 6. Is there at least one electrical lighting fixture in good repair? 7. Is there at least one electrical outlet in good repairS. ~.~_~ ,, 8. Type of Ventilation Adequate? 9. Are windows in good repair? Weathertight? 10. Are the doors 'in good repair? 11. Are the walls in good repair? 12. Is the ceiling in good repair? 13. Is the floor in good repair? Comments: 2.~_~{} 3 4 {} 5.{)~ 9. { } {~i~, ~0. {)~ ~. { ) ~. 13. KITC[IEN l. Is the sink in good repair? 1. {~{ } 2. Are drains functioning properly? 2. { } ~ 3. Is stove properly ~nstalled? 3. { } ~ q. Is stove in good repair and fit for the use intended? 4. { } 5. Is there one electrical lighting fixture in good repair? 6. Is the electrical in good repair? 7. Are the windows equal to 10% of the floor space? 8. Are the windows in good repair? 9. Are the windows weathertight? 10. Are the walls in good repair? 11. Is the ceiling in good repair? 12. Is the floor in good repair? Comments: 5.~{} 6. { }-~ 8.{}~ 9. { } .,~ ~o. {}~ ~.{} 12. {} LIVINGROOM 1. Are there electrical wall outlets in good repair' OR is there electrical wall outlets and electrical lighting fixtures in good repair? 2. Are the windows in good repair? 3. Are the windows weathertight? q. Are the doors in good repair? 5. Are the doors weathertight? 6. Are the walls in good repair? 2. { } ,~.. 3. [}~ 4. {}~ 5.{} 6. { } ~<~' Attachment 5, Page 4 of 7 " ',_ ! v I IIGROOM ( Con t. ) 7. I s the ce i 1 i,lg i n good repa i r? 8. Is the floor in good repa~ir? Comments: SLEEPING ROOM #1 1. Are there electrical wall outlets in good repair OR is there electrical wall outlets and electrical lighting fixtures in good repair? 2. Are the windows in good repair? 3. Are tile windows weathertight? q. Are the doors in good repair? 5. Are the walls in good repair? 6. Is the ceiling in good repair? 7. Is tile floor in good repair? 8. Is the room size adequate for the use intended? Comments: 3. {} ~ 5.{} 6. { }~~~_~ 7. {} 8.{} SLEEPING ROOM //2 1. Are there electrical wall outlets in good.-repair OR is there electrical wall outlets and electrical lighting fixtures in good.'r~pa~~~ 2. Are the windows in good repa!r.~ 3. Are the windows weathert?~. Are the doors ~n_~epair? 5. Are the w~n good repair? s the floor in good repair? ~ 8. Is the room size adequate for the use intended? Comments: 2. {) {) 3. {){) 4.{){) 5.{){} 6. {){) 7. {){) S. {){) SLEEPING ROOMS //3 1. Are there electrical wall outlets in good repair OR ~s there electrical wall outlets and electrical lighting, fi. xtures in good repair.~,/ 2. Are the windows in good repair? 3. Are the windows weathertight? 4. Are the doors in good re~.~- 5. Are the walls in~epair? 6. Is the cern good repair? 7. e floor in good repair? ~. Is the room size adequate for the use intended? Comments: 2. {} {} 3. {} [} q.{}{} 5. {}{} 6.{}{} 7. {}{} 8.{}{i · COMMON AREAS AND EXITS 1. Are the interior common hallways properly illuminated? 1. 2. Are the windows in good repair? 2. { 3. Is the interior entrance door equipped with a 3. { } locking device in good repair? 4. Are the ceilings in good repair? 4. 5. Are the walls in good repair? 5. { Attachment 5, Page 5 of 7 COI,1IqON AREAS AND EXITS (Cont.) 6. A~-e the floors in good repair? 7. ;;~'e the stairways in good repair? 8. Arc- the handrails in good repair? 9. Are the landings in good repair? 10. Are there sufficient and properly maintained exits? Comments: 7. {}~ s. {} 9. {} ~o. {} SAFETY INFORMATION 1. Are there Smoke Detectors present? 2. Are the Smoke Detectors property located? Comments. ~- {}l~ WEATHERSTRIPP[NG 1. Doors? 2. Windows? Comments- 1. { ):~ z. {) FIREPLACE 1. Is the damper operational? 2. Are there firepl~ - 3, Ar~M'~~'T~' conditions acceptable~ -~.omments. 2. {}{} 3. {} { } ATTIC SPACE 1. Is the condition of roof boards & rafters acceptable? 1. { } { } 2. Is there evidence of water seepage? 2. { 3. Is there proper ventilation of attic space? 3. { } { } 4. Is the electrical wiring & fixtures acceptable? Comments- · 4. { } { ELECTRICAL SERVICES ~ o AMPS VOLTS 1. Is there proper electric service installation? 2. Is the conditions of electric wiring outlets & fixtures adequate? 3. Are there other items pursuant to Housing Code? Comments- ~. {){) 2. {} {} 3. {} { } MECHANICAL SYSTEMS 1. What type of heating system? 2. Is the heating plant installe-d properly? 3. Is the heating plant operational? 4. Is there a combustion venting system? 5. Are the required safety controls provided? 6. Are there other items pursuant to Housing Code? Comments · ¢~~~,,,,~_.~ --x': ~,-~xm,~n,~~.~.~5 WOODSTOVE 1. Installation? 2. Operational? 3. ls there a combustion venting system? 4. Are the required safety controls provided? Comments: 2. {}~ 3.'~{ } 5. { } ~.~. 1. { } {'~ 2. } Attachment 5, Page 6 of 7 AREA AND ITEM Y F S NO PLUMBING 1. Are there proper waste & vents? 2. Is there a floor drain & cover? 3. Is there a main cleanout, plug intact? q. Are there proper plumbing fixtures? 5. Is there proper water piping? 6. Is there gas piping (all floors)? 7. Are there other items pursuant to Housing Code? Comments: ~.()~ 3. {} {~ 5. {) 6. {){) WATER HEATER 1. Is it in good condition? 2. Installation? 3. Is there proper venting of Water Heater? 4. Is 'there a Temperature/Pressure Relief Valve' and Discharge Pipe? Comments' · , EXTERIOR PORCHES 1. Are electrical lighting 'Fixtures properly located? 2. Are the railings in good repair? 3. Are the floors in good repair? 4. Are supportive structural members in good repair? 5. Are the columns in good repair? 6. Are the stairways in good repair? 7. Are the handrails in good repair? Comments' 1. {}~ 2. {) l' {} ~ 2. {} 3. {}i 5.{) >~ 6. { }- ~._ 7.{) ~ EXTERIOR 1. Is the chimney in good repair? 2. Is the roof in good, re. pair? 3. Is 'the siding in good repair? 4. Is the foundation in good repair? 5. Are there adequate trash recepticles with covers? 6. Is the exterior yard kept clean? Comments' -~-~~~,~,~.~ ~,~.~._ ~.~..~ ~~~~ GENERAL 2. {) {.~)~. 4. {){}-~ 1. Are the services operational and useable? 1. { } 2. Is temporary wiring in use? Where? ~-~v~=-~-- 2.--~{ } 3. Is there evidence of insect/rodent infestation? 3.~{ } Where? ~~~~_~='- A BUILDING PERMIT IS REQUIRED YES ~0 { } DATE C IN.,PECTOR BID-O09 Attachment 5, Page 7 of 7 NOTICE OF HEARING TO ABATE BUILDING OR STRUCTURE REMOVAL OR REPAIR Notice is hereby given that on the 2nd day of November, 1994, the City Council of the City of Ukiah passed a resolution declaring that the certain unsafe or dilapidated building(s) or structure(s) consisting of six detached residental rental units located or standing upon that certain lot, piece or parcel of land situated in the City, County of Mendocino, State of California, known and designated as Number 273 Clay Street, in said City and more particularly described as 273 Clay Street, Ukiah,~California 95482, Mendocino County Assessor's Parcel No. 002-281-04, in said City of Ukiah, and that the same constitutes a public nuisance and must be abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s) otherwise the same will be removed or repaired and the nuisance will be abated by the municipal authorities of the City, in whch case the cost of such removal or repair shall be assessed upon the lots and land on which said unsafe or dilapidated building(s) or structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots or land until paid. Reference is hereby made to said resolution for further particulars. Ail persons having any objection to, or interest in, the proposed removal or repair of such unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the City Council of the City to be held in the City Hall, on the day of , 19 at the hour of M., of said day, when their objections Wil~ be heard and given due consideration. Dated: This day of , 19 s: \u\docs94 \Abate. Not October 26, 1994 I Attachment 6, Page 1 of 1 RESOLUTION NO. WHEREAS, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING THE PROPERTY LOCATED AT 273 CLAY STREET A PUBLIC NUISANCE AND ITS INTENT TO CO--CE ABATEMENT PROCEEDINGS PURSUANT TO UKIAH CITY CODE SECTIONS 3300 ET SEQ. 1. The property located at 273 East Clay Street in the City of Ukiah and also known as Mendocino County Assessor's Parcel Number 002-281-04 and the buildings and structures located thereon ("the Property") are and have been for a substantial period of time a public nuisance. 2. The Property contains 10 detached buildings used as dwelling units, each of which is currently rented, except for two which the property owner as applied to demolish. The owner has also applied to demolish a storage unit located on the Property. Inspections of the Property by the Building Official, Fire Marshall, and Code Enforcement Officer have determined that each of the buildings on the Property constitute a public nuisance in that the foundations are deteriorated and unstable, floors and floor supports have buckled and are dangerous and inadequate, rooves are in poor condition and are leaking, ceiling members are sagging, split and buckled, walls are improperly supported causing them to lean or list, exterior materials are warped and buckled, doors can't close, windows are nailed closed, boarded over and broken out, stairs and landings are unstable, unsupported and dangerous, sanitation facilities are improperly installed or are inadequate, electrical wiring and outlets are in a dangerous condition, kitchen and bathroom fixtures are improperly installed and maintained or are inadequate, sewer lines are improperly installed and maintained and are leaking under the floors, hot water heaters are not vented and otherwise are improperly installed and maintained. In addition, trash and debris have been allowed to accumulate on the Property, including garbage and refuse, junk, automotive parts, appliances, scrap wood, abandoned and inoperable vehicles, combustible materials, and weeds and other vegetation; and 3. The conditions on the property violate provisions of the Uniform Building Code, Uniform Electrical Code, Uniform Plumbing Code, Uniform Fire Code and Ukiah City Code ("UCC") Sections 4420 (prohibiting the accumulation of garbage), 3701.4 (requiring all sewage to be disposed of through the proper use of the City's public sewer system, and 3702.4 (prohibiting the occupancy of any building that does not comply with all of the City's sewer use regulations); and s:\u\resos94\cohen.abt October 28, 1994 1 4. The property owner has failed and refused to clean up the property and repair the rental units located thereon, despite repeated efforts to gain voluntary abatement of the conditions creating the nuisance and compliance with the applicable codes and ordinances; and 5. UCC Section 3301 authorizes the City Council to commence proceedings to abate a public nuisance by declaring the same and its intention to commence abatement proceedings; and 6. Such proceedings are authorized, whenever buildings are structurally unsafe, are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes, and which constitute a fire menace or are dangerous to human life, or are a likely resort for vagrant or dissolute persons; and 7. The conditions on the Property constitute a public nuisance, a fire menace and are dangerous to human life and should be abated as further provided herein; NOW, TI{EREFORE, BE IT RESOLVED that: 1. The Property is hereby declared to constitute a public nuisance as provided in UCC Section 3300. 2. The City Council intends to commence proceedings under UCC Sections 3301-3310 to abate by repair, rehabilitation, removal or demolition the conditions on the Property that constitute a public nuisance. 3. The owner of the Property is hereby ordered to repair each building as previously described to fully comply with all applicable codes and ordinances or remove or demolish said buildings. . 4. The City Clerk is hereby directed to forward a certified copy of this resolution to the County Recorder of Mendocino County for recordation. 5. Notice of hearing shall be posted on the Property and given to the owner as shown on the last equalized assessment roll as provided in UCC Sections 3303-3305. 6. The City Council shall conduct the hearing required by law not sooner than thirty (30) days after the notices have been posted and served as required by law. III III III III III III s:\u\resos94\deed.cdc October 28, 1994 PASSED ANDADOPTED this roll call vote: AYES: NOES: ABSENT: day of November, 1994, by the following ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk s:\u\resos94\deed.cdc October 28, 1994 NOTICE OF HEARING TO ABATE BUILDING OR STRUCTURE REMOVAL OR REPAIR Notice is hereby given that on the 2nd day of November, 1994, the City Council of the City of Ukiah passed a resolution declaring that the certain unsafe or dilapidated building(s) or structure(s) consisting of six detached residental rental units located or standing upon that certain lot, piece or parcel of land situated in the City, County of Mendocino, State of California, known and designated as Number 273 Clay Street, in said City and more particularly described as 273 Clay Street, Ukiah, California 95482, Mendocino County Assessor's Parcel No. 002-281-04, in said City of Ukiah, and that the same constitutes a public nuisance and must be abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s) otherwise the same will be removed or repaired and the nuisance will be abated by the municipal authorities of the City, in whch case the cost of such removal or repair shall be assessed upon the lots and land on which said unsafe or dilapidated building(s) or structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots or land until paid. Reference is hereby made to said resolution for further particulars. Ail persons having any objection to, or interest in, the proposed removal or repair of such unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the City Council of the City to be held in the City Hall, on the day of , 19 at the hour of M., of said day, when their obje-~ons w--~i be heard and given due consideration. Dated: This day of , 19 · _ s:\u\docs94\Abate.Not October 26, 1994 ITEM NO. 8e DATE: November 2, 1994 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF CITY COMMITMENT TO ECONOMIC DEVELOPMENT FINANCING CORPORATION OF MENDOCINO COUNTY In early 1991, then Congressman Frank Riggs was able to secure an $850,000 grant through the Department of Housing and Urban Development for the purpose of regional economic development among north coast counties. The grant was to be administered by the Redwood Regional Economic Development Commission (RREDC) of Humboldt County with funds distributed to Humboldt, Del Norte, and Mendocino Counties. With knowledge of the grant, the City of Ukiah took the lead and initiated a series of meetings among key public and private sector agencies to determine the appropriate use of Mendocino County's apportionment of $250,000. During the processing of the grant and over a period of approximately two years, that steering committee continued to meet and determined to use these funds as an opportunity to create a new non-profit economic development agency for Mendocino county-wide activities. That process has continued to evolve through the facilitation of Mendocino Council of Governments as the appropriate County-wide JPA. With the work of the initial committee completed in 1993, MCOG recruited a second steering committee to attain the highest level of public input and to ensure that any agency ultimately created would represent the broad range of interests and needs of Mendocino County. That committee has recommended, and MCOG has approved, the use of the HUD funds for the establishment of the Economic Development and Finance Corporation of Mendocino County. This agency is an independent, private, non-profit corporation, with a 12-member Board of Directors. The City of Ukiah will retain a voting seat on that Board, which is currently filled by Councilmember Mastin. (Continued on Page 2) RECOMMENDED ACTION: Council direction after consideration of City commitment to Economic Development Financing Corporation (EDFC) ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): N/A Acct. No.: ~propriation Requested- N/A (if budgeted) Citizen Advised- N/A Requested by: Prepared by' Larry W. DeKnoblough, Assistant Redevelopment Director~~ Coordinated with- Charles L. Rough, Jr., City Manager Attachments~ ,~. 1. ED~i ~~ · C Bu~ge~ and Board of Directors ~PROVED · /~~ ' 4/CM:AS~DFC Funds designated from the HUD grant have provided for the agency's start-up costs, including facilities staffing and equipment. However, both the initial steering committee, as well as the MCOG representatives, determined that to ensure the long-term survival of the EDFC, some initial financial commitment from the four cities and the County of Mendocino would be necessary. Both committees also felt it was essential that the public participation be at a minimum so as to create an agency which could ultimately stand independent of local public funding assistance. Funding distribution is proposed through a dollars-per-population ratio intended to proportionately distribute funding among the various public agencies. The formula arrived at provides for $.75 per person for the four municipalities of Ukiah, Willits, Fort Bragg, and Point Arena; and $.50 per person for the unincorporated populations and paid by Mendocino County. Based upon that formula, the respective funding from the public agencies would be approximately: Mendocino County $28,000 Ukiah 11,290 Fort Bragg $4,500 Willits $3,750 Point Arena 300 TOTAL $47,840 Ukiah's contribution is determined on a population of 15,050. Staff is presenting this item to the Council for consideration and action on a conceptual basis only. While staff recommends approval of the funding conceptually, we would also recommend that final appropriation of funding by the Council be determined at a later date allowing for the actual set-up of the EDFC and providing the Council an opportunity to consider the specific services the EDFC can provide to the City of Ukiah. 8~.NT BY;Xerox Tet-ecOp,~r 'iuz'~ ~,-{U;~;:~4'"; . ............. EDFC D~AFT BUDGET January- June, 1995 , , '-- 'il. I . I Men~oci~o Co~=y 150 2,400 $,000 ~,OOO ~52, SSO Notes . . I .11 . - I 4,12:2 1.,200 1,50D 1,2S0 2,000 3OO $3uo ~er $~9 po~ mon~,b C~p~mr, fun&cure and m~mA~m~; N~T O~)~SRAT:EHg BUD~T $3g,886 ZDF¢ DP.~FT BUDGET ,R eve. n u e,s/G'x.p_-,_~_ di I .. I I Jla II .I III Admini moralize Funding: Mondomino Count7 City o~ Polnc &ran~ Ci~¥ oC Fo~t Chambe~ oE Commerce RLF Revenue F~HA, ReB=G (1) HUD Z and Z l O~her. Revenue A/~oun C $13,500 11,~00 15,000 29,000 300 ¢,700 10,000 2,000 8~000 15,975 15.000 .... $0,5o p~r restart $0,7~ per ~si~nt GO.V~ pe~ ~esi~nc clerical SUp~o~ Supplies Phone/~ax Audi~ con=ingenc¥ ~os~age One cim® Expenditures Total F,,wp4mdACurem MBT O~BP~TLN~ BUDOIT $ 3,384 $,244 1,200 2,400 1,SO0 1,250 4,000 $101,$J? $100 per~on~h __l.I I ....... I __J I ~, ReB~ ~O, gO0 Medicine Catty ~3o~ o00 C~ty o~ Fore ~agg ~, City a~ ~ia~ 10,300 ~a~e:a o~' C~exce 2, R~ Re.hue Other Revenue 4S. 000 · aell ~aue ~%30,4SO ~enditureg Clerical $up~ort S,24¢ gu~lies 1,2O0 Phone/Fax 2,400 Audit 1.500 ~eCage ~00 Cont~n~en~ 4,000 One :i~e Sxpend~turee , ~,O~Q a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable and scientific purposes and which has established its tax-exempt suatus under Section 501 (C)(3) of the lntm'nal Revenue Code. Dated; Allgust .. _, 1994 Li~da Bailey, Director Peter Caton, Director ~-rac~ Dupont, Director Oene Edi~ger, Director i Monte 'Hill, ~)irector James Kollenbom, Director' ~illiam Lex, Dire"ctor ' James Little, Director James Mastin, DirectOr James May'field, Director ~uzan~e McAllister, Director AGENDA SUMMARY ITEM NO. ef DATE: ~,,~,_ t, ez- 2, ].994 REPORT SUBJECT: APPROVAL OF A DEMOLITION PERMIT APPLICATION TO DEMOLISH 'A SINGLE FAMILY RESIDENCE OVER FIFTY YEARS OLD LOCATED AT 351 SOUTH OAK STREET SUMMARY: On October 28, 1994, the Demolition Permit Review Committee voted 3-1 to approve a demolition permit application to demolish the single family residence located at 351 South Oak Street. The purpose of the demolition project is to remove the residence and create additional area for the new Downtown City Plaza parking facility. The 85-year old residence fronts on South Oak Street, and was originally constructed as a second dwelling unit to a larger residence that was demolished, removed or bumed prior to world war II. The area surrounding the structure was originally a residential neighborhood, but has slowly evolved into component of the commercial downtown. After careful review and considerable discussion, the Committee concluded that the structure does not have significant historical or architectural value to warrant preservation. However, concern was expressed regarding the loss of an historic residential neighborhood, and the fact that the historic Hoffman House, located at 308 South School Street would be left as the only remaining residence from that neighborhood. An ad has been placed in the Daily Journal announcing an opportunity to acquire the house at no charge. Staff is currently working with several individuals who have expressed an interest in removing the residence, however, no agreements have been initiated by these parties. The request for demolition is contingent upon failing to secure relocation of the structure. The committee recommended that if the demolition permit is approved, the applicant be strongly urged to continue efforts to have the building relocated and/or the materials salvaged. RECOMMENDED ACTION: City Council approve the Demolition Permit for the single family residence over 50 years old located at 351 South Oak Street. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that the subject structure is historically significant, and deny the Demolition Permit. 2. Remand the demolition proposal back to staff for further research and evaluation into the historical significance of the structure. Acct. No. (if not Budgeted): N/A Acct. No.: (if budgeted) Appropriation Requested: N/A Citizen Advised: None Requested by: City Redevelopment Agency Prepared by: Charley Stump, Senior Planner Coordinated with: Charles L. Rough, Jr., City Manager and Bob Sawyer, Planning Director Attachments: 1. Location Map and Historical Evaluation Letter (Pruden) 2. Demolition Permit Review Committee "Minutes" APPROVED: (~z,3r~'s L. Rough, Jr., City Ma;nager STAF-RP'r~)EM3-AGN.SU M S~J'2Z .4,'Z~',¢~. ,~ · /5z · /U 12' // /0 so e Fee t. /0/. PO BJ. JO .. ? Ms. Judy Pruden Ukiah History Specialist Bldg. Preservation & Research 304 South Hortense Ukiah, CA 95482 707-462-4945 Date: October 27, 1994 TO: Bob Sawyer, Planning Director FROM: Judy Pruden SUBJECT: 351 South Oak Street 351 South Oak was built in 1909. It was built for Mr. & Mrs. L.W. Babcock as a second living unit on their property. They owned the south half of Block 19, with the additional land of 1428 square feet from the north half of the block. The Babcock's primary residence was 320 South School, as shown on the 1911 Sanborn Fire Map. 320 was demolished, burned or removed before World War II. L. W. Babcock came to Ukiah in 1882 as a school teacher. From 1885-1893 he was the principal of Ukiah Grammar School. Professor Babcock went on to become the first principal of Ukiah High School in 1894 and later the Superintendent of Education in Mendocino County. Biographical material indicates he was a prominent and popular citizen in Ukiah. The Babcock's moved to Southern California about 1916-1917 for health reasons. Professor Babcock died in El Monte at the age of 73 in 1919. The second unit, 351 South Oak, was built either as a rental, retirement home or for the adult children living in the area. It is not known at this time which purpose or purposes it served. The property as it now stands was subdivided from the Babcock's larger lot by 1918. Tax rolls show that the Babcock's sold their primary residence, 320 South School, by 1919 but retained ownership of 351. It is not known at this time when the widow Babcock sold the property. Leonard Nix, well known real estate agent, owned 351 from 1944-1980, using it as a primary residence form 1946-1951. I was not able to do an interior inspection. The exterior condition appears to be in average condition for its age. There has been some remodeling but within the confines of its original foot print. The structure has had continual occupancy since 1909 as a residential unit. Ms. Judy Pruden Ukiah History Specialist Bldg. Preservation & Research 304 South Hortense Ukiah, CA 95482 707-462-4945 The request for demolition is not about the condition of the house, nor economic hardship. The request is about it being in the way for a proposed parking lot. At one time Block 19 had four homes on it, if this demolition or removal is approved, there will only be one house left. Although 351 South Oak does not demonstrate architectural merit, nor is it the primary residence of the Babcock's, it does have a certain historical significance as a contributing factor to an historical neighborhood. An important issue is not to leave the Hofman House, 308 South School, National Reg~er property, like a "duck out of water", i.e. a home without a neighborhood. An additional issue would be trading an 85 year old house of viable condition for 10 parking spots. Which serves the community better? s/Judy Pruden MINUTES DEMOLITION PERMIT REVIEW COMMITTEE OCTOBER 28, 1994 MEMBERS PRESENT OTHERS PRESENT Clif Shepard Charley Stump for Bob Sawyer Larry Woods for Rick Kennedy Judy Pruden, Chairperson Marie Ulvila, Recording Secretary Larry DeKnoblough, Assistant Redevelopment Director MEMBERS ABSENT Thomas Parducci CALL TO ORDER The meeting of the Demolition Permit Review Committee was called to order at 10:04 a.m., in Conference Room 3, 300 Seminary Avenue, Ukiah, California by Chairperson Judy Pruden. ROLL CALL Roll was taken with the results listed above. MINUTES - OCTOBER 11, 1994 ON A MOTION by Committee Member Clif Shepard, seconded by Committee Member Charley Stump, it was carried by an all AYE vote of those present to approve the Minutes of October 11, 1994, as presented. DEMOLITION PERMIT REVIEW AND RECOMMENDATIONS Chairperson Judy Pruden inquired as to why City Engineer Rick Kennedy had not attended the past few meetings and discussed the matter of the City Council appointing staff members for a purpose, rather than designates, to serve on the Committee. Larry Woods, representing Rick Kennedy, advised that Mr. Kennedy could not attend the meeting today because he had to attend a MCOG meeting. He noted he is an extremely busy person. DEMOLITION PERMIT REVIEW COMMITTEE Page 1 OCTOBER 28, 1994 Chairperson Pruden was of the opinion that Mr. Kennedy should attend the meetings, since the City Council appointed him. She inquired if it would be appropriate for her to question him about the matter. Charley Stump, representing Bob Sawyer who is on vacation, suggested that it is appropriate for an alternate to attend the meetings, as long as the Department is represented. Assistant Redevelopment Director Larry DeKnoblough recommended Chairperson Pruden discuss the matter with Assistant City Manager/Personnel Director Candace Horsley. ReQuest for demolition of structure located at 351 South Oak Strcct, Assessor's_ Parcel No. 002-262-04, owned by Ukiah Redevelopment AQency. Chairperson Judy Pruden explained that the property was difficult to research and that she was notified on Friday, October 21, 1994 of the request to demolish the structure. She read her staff report, noting there is still some information concerning the subdivision which she was unable to obtain. She discussed the 1911 Sanborn Map. She inquired why no parcel map or documentation from the applicant was received. She discussed subdivisions not being recorded in deed books. Mr. Stump advised that it was not a City requirement to file a parcel map for subdividing property in 1918. Chairperson Pruden advised that she did not have an opportunity to research the 1920 tax rolls to see if Mrs. Babcock returned to the community and used the house. She felt she is in a quandary over the demolition because she likes the property, although it is not in the inventory and does not have outstanding architectural value. It was obvious at the time of the inventory it was a secondary house. It was a common occurrence that on the west side of Ukiah, many second units were constructed. She explained that although the City is proposing a parking lot at this location, she does not like to see old properties torn down and felt the City should make an effort to relocate the house. She expressed her concern for the Hofman House being isolated in the block since there would be no other residences in the block. She noted that she is not as found of parking lots as she is of older houses and felt this house is a contributing factor to the neighborhood. Mr. Stump noted that the neighborhood is predominently commercial at this time. Discussion followed concerning the possible removal/relocation of the house, Salvaging materials from the house and perspective persons who are interested in the salvaging process. Mr. DeKnoblough apologized for the short time in which the application for demolition DEMOLITION PERMIT REVIEW COMMITTEE Page 2 OCTOBER 28, 1994 had been on file and explained that the Ukiah Redevelopment Agency (URA) has been pursuing relocating the house, noting that several persons have expressed an interest. Salvaging of materials will occur on project as soon as the present occupants have vacated the premises. The URA will award the contract for demolition on November 2, 1994 and will need to have the house removed from the property by November 23, 1994. There is an advertisement in the paper for those interested in taking the house, and the URA will need to set up appointments for viewing the inside of the house. He noted the difficulty in viewing the interior of the house while it is still occupied. There is also a need to inspect under the house to determine if it can be moved. The URA would, prefer to move the house. If they can't get someone to move the house, they would like to have it demolished within a certain time frame. Chairperson Pruden advised that she has been contacted regarding the relocation of the house, but noted the person was looking for cheaper property outside of Ukiah in which to relocate it. She expressed her concern with the context of the neighborhood and felt the Hofman House should not be isolated in the block. Mr. Stump explained that the Hofman House is currently being used for offices. He determined from a site visit that both structures seemed out of context in the neighborhood. Mr. Woods inquired what the impact would be if the house were to remain at its present location. Mr. DeKnoblough advised they are trying to tie in all of these lots into the parking lot. Approximately 10 or 15 spaces would be lost due to reconfiguring the traffic circulation. The subject parcel ties in with the parcels on Clay and Oak Streets, and ties in with streetscape and visual pattern to make it into one parking lot. The fiscal impact would be approximately $75,000, and would mean the parking would need to be acquired at a different location. Clif Shepard felt the structure is an old house and has outlived its usefulness. The City needs parking lots to help with traffic control and revitalization. Mr. Stump noted he values old buildings, such as the Hofman House, as assets to the community, but from a long range planning perspective it is a difficult decision. He was leaning in favor of the demolition, with a message to the City Council that they make a concerted effort to move the structure or salvage the materials. Although there will be a loss with its removal, there will also be a gain as well. Discussion followed concerning the Committee being aware of the parking lot project and possible demolition of the structure, however, being given such short notice for the Committee to conduct research and make a decision on the mater. It was noted that DEMOLITION PERMIT REVIEW COMMITTEE Page 3 OCTOBER 28, 1994 many members of the Committee wear many "hats" and it would be better to have ample notification before the Committee meets. A MOTION WAS MADE by Committee Member Larry Woods, seconded by Committee Member Clif Shepard, to approve the demolition of the residential structure, as submitted, with a strong recommendation to the City Council. Mr. Shepard withdrew his second to the motion and Mr. Stump then seconded the motion. Mr. Woods withdrew his motion. A MOTION WAS MADE by Committee Member Larry Woods, seconded by Committee Member Charley Stump, to approve the demolition of the residential structure, with a recommendation that an effort would be made to give the Committee more notice in the future as to the disposition of buildings which are part of some ongoing plan. Mr. Stump withdrew his second to the motion. Mr. Woods withdrew his motion. A MOTION WAS MADE by Committee Member Charley Stump, seconded by Committee Member Larry Woods, to approve the demolition of the structure at 351 South Oak Street, Assessor's parcel No. 002-262-04, and to urge the City Council to direct the Ukiah Redevelopment Agency to make a strong effort to have the structure relocated or salvaged. Chairperson Pruden advised that regardless of being aware of the parking lot project, she does not conduct evaluations in advance unless requested. ROLL CALL VOTE ON THE PREVIOUS MOTION WAS AS FOLLOWS: AYES: NOES: ABSTAIN: ABSENT: Committee Member Shepard, Stump, and Woods. Chairperson Pruden. None. Committee Member Parducci. Chairperson Pruden inquired if the Committee has any objection to the Recording Secretary typing her report onto her letterhead. Consensus of the Committee was that the report she submitted is very legible and it made no difference to them if it was retyped. DEMOLITION PERMIT REVIEW COMMITTEE Page 4 OCTOBER 28, 1994 Chairperson Pruden advised that the Demolition Permit Review Committee will recommend approval of this demolition permit to the City Council at their November 2, 1994 meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 10:45 a.m. Chairperson Judy Pruden Marie Ulvila, Recording Secretary DEMOLITION PERMIT REVIEW COMMITTEE Page 5 OCTOBER 28, 1994 ITEM NO. 8g MEETING DATE_November 2, 19~)4 AGENDA SUMMARY REPORT SUBJECT: TRAFFIC GRANT FOR A RADAR TRAILER Recently, the State of California, Office of Traffic Safety, approved the Ukiah Police Department's request for the purchase and use of a mobile radar display trailer. This mobile radar display trailer will be a self-contained, solar powered trailer that will display both posted speed limits and the actual speed of passing vehicles. This radar trailer will be used to inform and educate our community regarding speed laws, personal driving habits, and serve as an information base on vehicle speed conditions in areas of the City, along with their relationship to collisions within these areas. The radar trailer will be located in areas having higher collision rates, areas where the primary cause of collisions are speed violations, and requests and concerns from our community, providing an immediate police presence to the concerns and complaints of the community concerning vehicle traffic violations. In addition, the trailer will be used in concert with the established community policing program to help officers meet the specific needs of their communities. The State of California, Office of Traffic Safety, has authorized the purchase of the radar trailer ($13,985.40) and continued training in the use of traffic grants, and using traffic grants as future solutions to traffic concerns within our community ($3,000). The Office of Traffic Safety will reimburse the City of Ukiah for the entire cost of the purchase of the trailer and training funds on a quarterly basis. RECOMMENDED ACTION: Authorize approval to purchase grant funded radar trailer and begin implementation of this program. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject grant. Acct. No.: N/A Acct. No.' (if NOT budgeted) Appropriation Requested: N/A Citizen Advised: N/A ~ ~.~~ Requested by: Fred W. Keplinger, Director of Public S ' i., Prepared by: Chris Dewey, Police Corporal Coordinated with' Charles L. Rough, Jr., City Manager Attachments: None