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Home My WebLink About2001-12-19 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 19, 2001 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS a. Introduction: Fire Department Career Employees b. Introduction of Accounting Manager Mike McCann 4. APPROVAL OF MINUTES a. Regular Meeting of November 7, 2001 w RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Sm CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of November 2001 b. Adoption of Resolution Authorizing City Manager to Execute Lease Agreement with Federal Aviation Administration for Automated Surface Observing System at the Ukiah Regional Airport c. Report to City Council Regarding the Execution of a Consultant Contract of Less than $10,000 for the Preparation of a Habitat Enhancement and Public Access study for Doolin Creek d. Notification to Council Regarding Award of Bid to Innovative Utility Products for the Purchase of a "Fault Wizard," in the Amount of $8,078.50 g AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. ag PUBLIC HEARING (7:00 P.M.) a. *Approval of Application to Demolish a Building Over 50 Years Old Located at 828 Cypress Avenue *This Public Hearing requires a quasi-judicial action; each City Councilmember must visit the site prior to the meeting. Failure to accomplish this task shall constitute grounds for recusal. 9. UNFINISHED BUSINESS a. Approval of HOME Downpayment Assistance Program Policies and Procedures Including an Increase in Maximum Loan Limits b. Consideration of Revised Resolution Calling on the State of California to Take Certain Actions to Effectively Reduce Litter on Highway 101 and Throughout the State Highway System (Councilmember Baldwin) 10. NEW BUSINESS a. Adoption of Resolution Application b. Supporting Downtown Rebound Planning Grant Report to Council Regarding City Security Measures c. Discussion of Water Issues for Mendocino County Inland Water and Power Commission Video d. Consideration of Cancellation of January 2, 2002 City Council Meeting 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13. CLOSED SESSION a. G.C. §54957.6 - Conference with Labor Neqotiator Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsley 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA SUMMARY ITEM NO. 3a DATE: December 19, 2001 REPORT SUBJECT: INTRODUCTION OF FIRE DEPARTMENT CAREER EMPLOYEES The Fire Department Career Employees for the "A" shift will be introduced. An organization chart of the Ukiah Fire Department is attached for the Council's information. Bill Woodworth is the Fire Captain/Shift Commander. Bill has been employed by the City of Ukiah for the past 19 years. He began his career as a Firefighter and served as a Fire Apparatus Engineer before being promoted to his current assignment. Captain Woodworth lives in Redwood Valley with his wife and two children. He is a certified Paramedic and Haz-mat Specialist. Terry Israel is a Fire Apparatus Engineer/Paramedic. She has been employed by the City of Ukiah for the past eight years and served as a Volunteer Firefighter prior to that. Terry serves as an Acting Captain. She enjoys white water rafting, camping, and snow skiing. Terry has an interest in genealogy and is currently working with the Toys for Tots program. Pete Bushby is a Firefighter/Paramedic. He has been employed by the City of Ukiah for the past nine years and served as a part-time FirefightedEMT prior to that. He serves as an Acting Fire Apparatus Engineer and Acting Captain. Pete lives in the town of Talmage and enjoys fishing and gardening. Larry Goodman is a Firefighter/Paramedic. He has been employed by the City of Ukiah for the past five years and served as a Volunteer Firefighter prior to that. Larry serves as an Acting Fire Apparatus Engineer. He grew up in Ukiah and attended grammar school at the fire station (old Yokayo School). Larry enjoys outdoor activities like hiking, biking, swimming, and triathlons. William Fairfield is a Firefighter/Paramedic. He has been employed by the City of Ukiah for the past two years. He came to us from the Sonoma Fire Department. William recently moved to Ukiah and enjoys hunting, fishing, and riding dirt bikes. Paul Eaton is a Firefighter/Paramedic. He was hired on October 15, 2001 and comes to us from Alameda County. Paul currently lives in Santa Rosa where his hobbies and interests include home beer and winemaking, scuba diving, and camping. He is proud to be a part of our Ukiah Fire Department team. Tanner Moulding is a part-time Apprentice Firefighter/EMT-1. He has been employed by the City of Ukiah for the past nine months and has served as a Temporary Firefighter. Tanner is a paramedic student at Mendocino College and also works at the Blood Bank of the Redwoods. Tanner lives in Santa Rosa and likes to snowboard and camp. RECOMMENDED ACTION: Receive introductions of Fire Department "A" Shift career personnel. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: N/A Prepared by: Dan Grebil, Interim Fire Chief Coordinated with: Candace Horsley, City Manager Attachments: Organizatio.~al Chart for the Ukiah Fire Department APPROVED: ~'ac(~ H~)~:slev. Cit~ Manager ITEM NO. 3b DATE: December 19, 2001 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - Mike McCann I am very pleased to introduce our new Accounting Manager, Mike McCann, to the City Council. Mike brings experience in both the private and not-for-profit sectors to our Finance Department. Most recently, Mike served as Chief Financial Officer for Serendipity Land Yachts, Ltd. During his service with Serendipity, he was responsible for all accounting operations, including cash management and budget, as well as working with computer networks and managing their annual audit. Previously Mike worked for the Mendocino Private Industry Council (MPIC) and Blue Shield of California. In these positions, Mike has worked with budgets, analysis and forecasting, supervision and policy development and implementation. After completing service in the Army with tours in Vietnam and Japan, Mike earned a Bachelor's degree in Accounting from San Jose State University. Living in the community since 1988, Mike is involved with a variety of community organizations, including the Boys and Girls Club of Ukiah, Mendocino County Workforce Investment Board, MPIC, and the Ukiah Valley Cultural and Recreation Center committee. Currently residing in Deerwood with his wife Anne and teenage daughters Maggie and Amy, Mike enjoys bicycling and backpacking in his spare time. We look forward to Mike providing the accounting expertise necessary for implementing the new financial reporting rules we are facing and providing financial information that our customers require. Please welcome Mike McCann, Accounting Manager to the City of Ukiah team. RECOMMENDED ACTION: Council welcome Mike McCann as the City's new Accounting Manager. ALTERNATE COUNCIL POLICY OPTIONS: None Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N lA Gordon Elton, Finance Director Gordon Elton, Finance Director/ Candace Horsley, City Manager None APPROVED: candaCe ~rsley~citY Manager MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, November 7, 2001 The Ukiah City Council met at a Regular Meeting on November 7, 2001 the.~==~fi~for which had been legally noticed and posted, at 6:30 p.m. in the Civic Ce.~'Cou~ii Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken a~ii~.followin~~ ''~ ~ Councilmembers were present: Larson, Smith, Libby, Baldwin, ~i~:'~,~:::::Ashiku (arrived at 6:52 p.m.). Staff present: Public Utilities Director Barne~i',~"~:inan~i ~ector Elton Assistant City Manager Fierro, Interim Fire Chief Grebil ~¥~ Manager~::~get Officer Harris, City A~orney Rappo~, Community Se~ices Supe~isor S~como, De Public Works Director Seanor, Police Chief Williams, and Ci~?~:~terk ulvii~? URGENCY ITEM Vice Mayor Baldwin announced that there is an U=~Cy Item and the need for actioh came to the aEention of the City subsequent to.=~ ~genda b~g=~.posted. The Urgency Item concerns: Rejection of Claim for Damag~~acob ~ ~nes, and Referral to ~=. ~[~=:~= [~ ...... ~ ~ ~ ~ ~=:=:~:=:=:~:=:=:~ =:~: ::::::::::::::::::::::: :::::::: :::::::::: :: ,o.n. ,ower. M/S Larson/Smith to include the urgency item on the Agend~:~Conseg=~[ Calendar item 6h; carried by unanimous consen~=,=~th Mayor Ashiku absent. 3. PROC~MATION/INTRODU~!ON :~ ~:~::~:~ ~?:~ ........................ ........... . 3a, Proclamation: November as ~!~Way Mo~i:~'n the City of Ukiah Vice Mayor Bald~:?~:~d the Proclam~ designating November 2001 as United Way month in the C~¥?~'~i~ ~and urged su~ from eve~ citizen, to the e~ent possible, for this camp~?i'ts volun~ workers, ag~~ ~hd program. YvonS~;?~!!, accepting~e~mclamatiod?~ behalf of the Lake' and Mendocino County Cha~rs, ~~: th~?~;~~ I for the City declaring November as United Way month and f°~?~~Po~ of the":~~Unity. ~i~nt City Ma~:.::Fier:[~ advised that item 10a is removed from Agenda and will be br~::~a:~:~ck to Cou~il.:~:~t~::~bbsequent meeting. 3. IN~DUCTI~ 3b, Fire '~~.~: a~ment Career Employees Interim Fire?~hief Grebil introduced Ukiah Fire Depa~ment Career Employees Mark Clark (Fire Appar~ Engineer/Paramedic), Skip Williams (Firefighter/Paramedic), Mike Todd :::~ (Firefig hte~ramedic) Bobby Banks (Firefighter/Paramedic) Todd Roach :::~(Ei[efigb~t/Paramedic), Michael Stewa~ (Tempora~ Firefighter), and Andrea Bray (Fire D:~~'nt Administrative Secreta~)to Council. Regular Meeting November 7, 2001 Page Vice Mayor Baldwin read the appeal process~:~iii?~?'?~'"~:::':~,i', M/S Smith/Larson approving items a through h of the Con=:~i~t;,Calenda[ as follows: a. Approved Disbursements fo[:~Month of October 2001; b. Received Report to City i!iiiiii~egarding Purchase of ~~'?Tablets for the Ukiah Municipal Swim~ p'~'~i ~=~ncoln Equipmentiii~ii~e Amount of $6,899.36; '~:::~ ~:~ ?~?~ ~- c. Awarded Bid for Hig~::~9olta~i i[ine Clea~~ ~ ~rimming At Various Locations Within the City of 0~b to:::?~i:ly Tre~ ~i'ce in an Amount Not to Exceed $30,000; ~:~::~:~?~ ?? ~;?~:' d. Received NetEi~tion to the Cit~~ncil Regarding the Purchase of a Chlorine AnalyZ? ~~ii~:o For the Su~ $6,165 Plus Tax; e. Auth~d Sole::~rce Procurem~:e!i~blice Transcription Se~ices From · r~Positions, N~ io Exceed $20,~? f. Bud( ,ndment::~of~?~$'28,094 to Lake Mendocino Hydroelectric :~:~PI, Se~ices, Account ~800.5536.250. 000 Repair g. Awarded~'~iS~:;!or the Purchase of Liquid Polymer to Jenchem, Inc. for the Sum ~ected C~ai~?'~D~ages from Jacob A. Barnes, and Referred to Joint Powers ~~rity, Redw~~mpire Munic~ ~ ~nd. Motion car~;,~:: by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Vice-M~r Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None. AU:.~]:~:NCE COMMENTS ON NON-A6ENDA ITEMS ::;~!: R,::;~iS;Shing, Ukiah, spoke concerning the se~ices provided by the Ukiah City Fire ¢~~~nt, Ukiah Valley Fire Depa~ment, Ukiah Police Depa~ment, Ukiah Ambulance :::::::::::::::::::::::::::::: ~ ~ :::~:. :: :~:: Regular Meeting November 7, 2001 Page ~ of ~4 4. APPROVAL OF MINUTES 4a. Regular Meeting of September 19, 2001 Councilmemb,,er Libby recommended a correction to page 5, second paragraph ~ :=?the bottom to read Councilmember Libby made a motion to amend the motion that increase in the Junior Golf Program rates Motion died for lack of a second,,~iii;,i',???;'~'~ She also recommended a correction to page 12, 3rd paragraph to read~i~:~i~iimember Libby was of the opinion that Council needed to decide whether to fui~?i:=~950,~'~....~Q[ the geothermal expansion out of the Public Benefits Program. If not, the~'?:i~at money C~be allocated elsewhere. M/S Larson/Smith approving the minutes of the Regular::~M~"i:'~:~'~ ~t, Septe~:ber 19,2001, as amended, carried by unanimous consent with May~::~'~iku:::..:..:~ ~, Service, Ukiah Valley Medical Center, E.R. staff, Linkages Community Care, and his personal physician, Dr. James R. Cruise. He explained that he has several severe medical conditions and that these organizations have saved his life on many occasions. He asked Council to show its appreciation in the form of better salaries, medical benefits, reti~ent benefits, family support services, and whatever else that would make their life~er.~!~.~ more enjoyable Steve Crawford addressed Council concerning for bid awarded to Fa.mi~"?~ ~ervices under Consent Calendar item 6c. He explained that the Family Tree;~ice p~:~d their vehicle near his business and le~ hydraulic equipment fluid in ~:~parking expressed concern with this leakage going into City streets a~d reco'~ended the~ inspect their equipment prio to conducting work in the City~::::~~; 9. UNFINISHED BUSINESS ....... ~::'~ ~?~: 9a. Consideration and Approval of Amended ~~cts ................. ~h Solid Waste SystemS~ Inc. for the Transfer Station and Garba~bllectiod~hd Recycling Finance Director Elton repoAed that the m~::~:~?~ ~[e C0~ii?~is the completion of actions taken at the September 19, 2001 CoUncil ~Dg ~nc~:~hing revision of the Transfer Station contract and the revision of the Ga~~::~?ollection and Recycling contract. At that meeting, Council directed the City AE~y~:~and st~ff to revise the contracts to include the changes approved by Council. There::Y~ c:~e made to the points previously considered: Sq~~e:~::~ystems has ~greed t~:~i~~:ent and maintain the $50.50 Tipping Fee even i~?~ :~::~ ~9~y doesnt comm:[t?~/ong term contract. The desire to have Mendoci~?~°~ com::~¥{?:~~:~b.e Transf~::~:~tation on a long-term basis is unchanged. He dis~ssed~ghlights 9~?~~e~ Station agreement and the Garbage Collection agreement. The:~ont~":~:::Culmin~:~:~ effo~s to assure an orderly collection and disposal of garbage g:'~:~::~ from w~i~ the City for the foreseeable future. With the~::i~i~mentation of sin~:Stream recycling, the stage is set for another significant ste~~~ ~ recycling tar~'~ established by the State. 6:52 p.~:~??:'Mayor Ashi~ arrived at me~'~ . i~ :~he revised contracts. M/S Smith/Lar~ ~Pproving the Transfer Station contract be~een Solid Waste Systems, ~ ~q:~h Bay C~~ ion,.::~nd the City of Ukiah; carried by the following roll call vote: .............. ~~ ~?ncilmemb:~ ~n, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSE~ ~one. ABS~?:None. M/S Smit Idwin approving the Amendment to the Contract for Collection, Transpo~ati~ and Disposal of Garbage, Refuse, and Rubbish and Recycling of Recyclable~M~terials from within the City of Ukiah; carried by the following roll call vote' ~:.~.~: ~.~:~YES: Ca~ilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. EN~??~:°ne. ABSTAIN: None. Regular Meeting November 7, 2001 Page 3 of 14 10. NEW BUSINESS 10a.Adoption of Ukiah Utilities Demand-side Energy Management Program Proposal Assistant City Manager Fierro advised that this item would be continued to the~?,n.ext Council meeting. 10. NEW BUSINESS 10b.Authorization For Procurement of a Temporary Pedestrian~,:,~.=!!!~~..~ssinq Gibson Creek For Use at the Intersection of Oak Manor D iii~nd E~i~Qbbi Deputy Public Works Director Seanor advised that the prqp,0sal b~e,~,,,,Council authorization for procurement of a tempora~ pedestrian brid~~Oss GiS~h Creek in Oak Manor Park area. The City of Ukiah has recently bee~=~i¥~:~hat it wiI~ receive State Transpo~ation Improvement Program (STIP) funding tQ~ ~nstruc(=::~e intersection of East Gobbi Street, Oak Manor Drive, and Babcock Lan~:~?~::~:.~:~. ~aff s~b:mi~ed an application for: competitive funding to MCOG this year that was se~ed for fu :~:;ig~g, The project includes realignment of the intersection from the current?~:~~ion t9~::,~,~?:~Oss type intersection, widening of the bridge, and construction of n~ sid ~,~:~?:~: ~:~:~fo~nately, the way the funding program works through the STIP, the earliest t~:~::~y would be able to expend money under this new project would be July 2002, This woUi~?~!ay cons~uction to the fall of 2002, Prior to the MCOG application, staff submiEed an a~ii~on ~6 ~altrans for the Safe Routes to School program ..... date, staff has not re~i~:~:0tice of approval of this application, If the Call ......... the Safe ~i~::~ to School project, staff will return the STIP mo~t0::~:~OG areas;: He explained the total purchase priC::~.$1 ~::i~:~::~0 to c~t~'Uction the tempora~ bridge by Skip Gibbs Company, a local sup~i~[~:~:ilcar brid~::~:' They provided a quote for a buy back of the:::.b~ge~::~::: Once the Cit~ i~:~:'~inished and'ready to move fo~ard with the remainder of:~ ~~ ~e tempora~ ~dge ~[[! no longer be necessa~. The buyback amount fra~ ~::ibbs, le~e cost of tran~~?the assembly from the site, is $2,935, resulting?i~?~ net cost to:~ City of appro~i~i~ly $10,718.90. He called aEention to an error i~?:~:?~:Staff Repo::~:~:~el~te.d to the pr~bt being eligible for funding from the Trans- Traffi~:C°~:~Stion ~~?~~ ~~earching the ma~er, staff determined that this pa~icular tyP'~ ~:?: ~:nse is ~or that funding. He discussed the ma~er with Finance Direct~::~::~n and Budget Officer Harris, and it was determined that, should : :?:~ ?~?~::~:: ~:~~./~!:aut onze t~?:~[ocur:~ment, the C~ty would be able to expend street maintenance ............ ~'~:~:~ ~is time an~?::'~i~:~hsfer monies allocated in the budget for traffic congestion relief t~ ~:::~e the ~ain~Ce of that effo~ to the Street Maintenance Depa~ment. He requeste~:'??~Uncil s a~:~rization to proceed with this procurement. Councilme~r Baldwin inquired if the reconstruction of the intersection would make the area pedes~n safe. ::~::~?~See~::explained that the full reconstruction of the intersection has already been a~ ~::::' With that reconstruction, the City will widen the bridge on Gobbi Street and that Regular Meeting November 7, 2001 Page 4 of ]4 will allow the construction of a sidewalk on the north side. The project that the City has not yet received notice of funding concerns the Safe Route to Schools program. It is basically the same application but a different source of money. Oouncilmember Libby explained that this project began in the Spring of 1999:~::~':i~:.e was contacted by some residents of the Oak Manor area that were con~i~d ab6~ pedestrian safety. She continued to discuss the progress of the project ag~i~ed delays due to weather and response times by Caltrans and the Department ?f ~i~iii!~.: Game related to funding. She continued to discuss funding sources and aPi~i~ti°nS':::~~itted..._ :~:.~:.:: . by staff under the state Safe Routes to School Program and She explained that the earliest construction date for the lar~g~i~:~ject w6~]B begin in fall of 2002. The temporary footbridge would be appropd~i~?~nfi]~: ~h~e larger project could begin. She felt this neighborhood has been very patie~:,~i'~ng the'~:'~st two years to make the area safer. She noted that the project has beeD,~?~geted::~::~nd carried forward eve~ : year so that it would be completed. Joyce Mills, representing the Oak Manor are~i~?"~exp~i~,,,~,,,:h~ ~o~:'~'~rn for the safety of children and adults who walk in the area. She discus~i~i?eaking to Councilmember Libby about the matter two years ago and recommended C~:~.il:~move ~9,rward ................... ..................... with the p r o j e c t. ~:.~::~:~ ~'~ "~ ~ ~::~ ~:i ~::: i:/i~ :~ i: :~ ~. :~',:,~.~, :, Dana Franz, President of t confirmed there are childre~?i?~b live in the area, the are~. She recommended Council consider the proposal and .... ,,~::~,~,~,~,,~,,~,:::: .... . ............................................................................................. Pinky Pushner sup, ported the prop~!,~:,i!,~i~:::~::~felt thati~ii?/~mporary bridge would allow Council an oppo:~Di~:::,,~o evaluate wh~"~'::to have a P~destrian bridge separate from a Counci!~ber Baldw!i~?inquired if this [~5f footbridge meets all state standards for City b~~:~::~ ...... ~::~:?/ ....................... .... Mr. Seanor :r~~~:a':affirmati::~i~?~e noted that it has a handrail on the side. }!member ~ n ing~ired if the buyback is obligato~. He also inquired if staff ........... ~:~ ~sider incor~ [~:~?~he footbridge into the design of the reconstruction of the interse~:~:~or as an in~::~dent walkway. Mr. Seano~:~lained that staff could look into that option. He noted that approval has been receiv~::~or the widening of the street, which is necessary for pedestrian and bicycle ~:~: idg traffic cros the br e. ~:?~:~:~ :nci.~~ber Libby noted the option of relocating the footbridge over another creek City. ......................... Regular Meeting November 7, 2001 Page 5 of 14 M/S Baldwin/Libby authorizing the procurement of a temporary pedestrian bridge crossing Gibson Creek for use at the intersection of Oak Manor Drive and East Gobbi Street; carried by the following roll call vote: AYES' Councilmembers Larson, Smith, Libby, Baldwi~i and Mayor Ashiku. NOES' None. ABSENT: None. ABSTAIN' None. 8. PUBLIC HEARING .... 8a. Supplemental Law Enforcement Services Fund, Citizens o~'f~iiiPublic Safety (COPS) Grant of $100,000 and Approval of Spendi~ii~'lan ;: Police Chief Williams explain,ed that a public hearing by t,he City ~cil is approve the Police Department s spending plan for this year s ~llocati~::~ i~i~$100,0001 ~ ~~ the current fiscal year, the Police Department plans to use t~?::~unds f~:~ ~hree project~ At the October 17, 2001 Cit~ Council meeting, the Couo~¢i~ ~d~ a bid to Masterson Communications for the City s Radio CommunicationsJ~~eme~;~/:~roject. It is proposed: that $9,394 of the COPS funding be used to compl.~.~h~is proj::~:~t. Other funds are to used for the new Civic Center Addition and Police::~ ~idence F~]!i~ies and to reconfigure the existing evidence area in the Police Depa~~¥~;~ ~0re e~i~?:operational activities after the move. :~' .... .... Councilmember Baldwin inquired if the use of COPS mon::~y?::~eets the ~irit of that law. He thought that most of the coPs~:=~:p~[ggrams were geared toW~d?~=:g::~Ei:~6fficers into the community and with community::~:~ ~yP:e work. .::~:~:.::~.~ Chief explained ° community and allow officers to not only coll:~:ct evi 6ce and p~~~:~0:store it. This is e~remely impo~ant in the Depa~ments day-t0::~y open'ns. ' ........ ~ ??:: Public Hearing ~ : ::~d' 7'17 p.m, M/S :::~~~:~aldwin::~::~ ~:[~::::~he U:::~j~;~olice Depa~ment three pa~ depa~mental spending ~=:i~}~:?lu~ [~ ~bnications Improvement Project, Police Evidence facility, and r~ ~ation of cu"i:~~epa~ment space; carried by the following roll call vote: AYES: C~tmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: ~]~:~::::~:~BSENT: ~:~:.~::AB~TAIN: None. ran, o, Spe~jj~] Plan, and Adoption of Budget Amendment Police Chiej::::::~lliams explained that the CLEEP funding, as defined in State law, has bee des~g~ed to supplement existing se~ices, and shall not be used to supplant any ~xisting fu:~:~g for law enforcement se~ices." For this fiscal year, the Police Depa~ment :'~:~:~:s te~ ~:e these funds to purchase high technology evidence collection related e:~j.~~ for the new Police Evidence Facilities. The Depa~ment has established a ................. Regular Meeting November 7, 2001 Page 6 of ]4 planning committee to research and plan for technical evidence processing equipment, evidence collection equipment, evidence inventory equipment, and evidence storage equipment. Public Hearing Opened' 7:19 p.m. No one came forward Public Hearing Closed: 7:19 p.m. M/S Smith/Baldwin approving the Ukiah Police Department Sp::e~iii~g PI~ ~0[: the California Law Enforcement Equipment Program (CLEEP) Grant an~i~get ame:~i~pt 10c. Adoption of Resolution Makin.q ADDo! ~ts::to the','~~, ic Engineerinq Committee ....... City Clerk Ulvila advised that due to the resignation of D:~i~ Zucker (public member) and Stephen Turner (MTA representative), there is a need to fill':~~::.vacanc.ie$ on the Traffic Engineering Committee. A letter ~ps sent to MTA requestin:~:~ ~ec~'bndation for a representative and the City re~~ ~::~.::ppplication from Dou'~~?to be their new representative. As of the dea~~f'::::~~ ~[:!, 2001, applications: were sub~iEed by Kevin Cotroneo and Steph~?:~u~r to fiii::~::~ ~ as a ~'blic member on the CommiEee. Per City policy~'~'::~:~he n~]~Bations ~ ~~]~CommiEee vacancies are rotated among Councilmembers wit~:~:~:unc[~ber Li~~Ving the initial nomination to the Commi~ee. M/S Libby/~~?~ ting Kevin ~0neQ~as the "public member" to the Traffic Engineeri~ ~'mmi~e~rried by the f~~~?~roll call vote: AYES: Councilmembers Ubb , w,n. None. A.S .T: None. There was :::~ ~??~:iscusSi~::~:~'~:~;:~:: whether Council needed to appoint MTA's representative :~~ Traffic Engineering Commi~ee. It was noted that organizations recom:~datio~ for representation on the Commi~ee. M/S L~~ shiku a~~ Resolution 2002-20:, Making Appointments to the Traffic Engineeri:~ommi~?~~f Kevin Cotroneo as the public member and Doug Pilant to represent ; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libb¢~ ~aldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None BUSINESS of Selection of Local Streets for ~ehabilitation Work to be Funded Regular Meeting November 7, 2001 Page 7 of 14 Through the 2002 State Transportation Improvement Program Deputy Public Works Director Seanor advised that the Mendocino Council of Governments (MCOG) has approved a new cycle of funding available for highways/streets/roads projects through the 2002 State Transportation Impr0~ent Program (STIP). In January of 2001, there was a County-wide MCOG meeting,~iii~:~ii~ ~ formula was established for distribution of funds. By that formula, the City o~,,~,.~h will ::b~: :~ receiving $952,000. A deadline of November 30, 2001 has been establi~.~=~:~y MCOG~ for jurisdictions to submit their Project Study Reports complete projects, to suppo~ the expenditure of the aforementioned fund~D~;:~:~:~ Staff::~ the Pavement Management System (PMS) to select the streets. Th~?~: is based:~D a projection of the best expense of the funds to m~imize the.~q~0nditiofi:?:~D~:~?~he City system. He discussed conditions of various City streets th~h~the ud~]ay of a larg~~ City map. The map identified school locations, street I~~=~~at have already been completed, the 2000 STIP project approved by Coun~~Ch haS~=~:et to be constructed, and the proposed street sections for the 2002 STIp~r:~==~ year~::::.~r the 2002 STIP, staff iS proposing to do asphalt concrete overlays. Anot~?.~Unding c~eie:is expected in 2004. Mayor Ashiku inquired about the Maple AvenUe secti~:~:~::~?~:~::?~:: Mr. Seanor explained that Maple Avenue sta~s from the~:~:Side of F~ay Drive and goes up the hill to the end of Mapl~9~::~::~: ....... :~.~:~?~?~?~?: ::?~:::~:~ ~ ?~. Mayor Ashiku advised that he;~:~~:~~hiD~elf from this ma~ ~:::~:ecause his home is located on the section of M~i~~ hue sc:~~~[:improve~ts. Discussion followed regarding possiS~ ~:onfli~ ~"~intereSt ~ncilmembers live within 300 feet of a project. Councilme~~?~~i~ inquired if t~ arD~:some streets that are not going to be that reconstruct~Uring thi'~ ~ding cycle be~s~ey are in too much disrepair, and in order to~:.~=~'ir them pro~y, it would req~ ~greater potion of these funds. Mr. S~an~ ............................. gave the City the best value for e~ending the overall con( streets. S6~:'~:~:~:~treets are in worse condition than staff's proposal andwill cost mo~?~:~[epair properly. He fu~her discussed the 2004 STIP funding whereby ~n look at a~Ssing streets that are in worse condition at that time. 7:30 p.m, ........... Ma or Ash~?'~ecused himself from meeting concerning this ma~er. Vice-Mayo¢~ldwin chaired meeting. : Mr. SeanoC~Xplained that he did not print out the dollar cost for each of these street ~:?Sections, D~g that staff had to stay within it's approved funding. It was impo~ant to ~ :~ ~n ce:~:~d ollar amounts. Regular Meeting November 7, 2001 Page 8 of 14 Assistant City Manager Fierro concerns can go before the agendizing those matters. working with a residents of Dolly McDonald, Ukiah, advised that as a handicapped person, she appreciates the bike lanes provided on streets so she can travel in her motorized wheelchair. She stressed the importance of the bike lanes being wide enough to accommodate handicap wheelchairs. She discussed the area of Talmage Road near the car wash and also the bridg:~,~iii~ng Waugh Lane as dangerous areas. She inquired if the City planned to install ~,,~'~ k along Talmage Road. She also requested the sidewalk along South State Safeway, be finished to make it easier for pedestrians and handicapped perS~hs to travel. Vice-Mayor Baldwin explained that the portion of Talmage Roa~i?;~?Ms'~ i~9~ald referenced is still part of the state highway system. During the past S'~,,[al years, t~ ~,.i~y has been working with the state regarding reconstruction before:the Ci{:~?,~s that of roadway into the City system. There is a separate sec~ie~i~f,~MCOG~::~ ~tansportati~ funds that can be used for pedestrian and bike lanes, an:d:,ii~i~::~':~i~,'~,:',if it woUld be possible for the City to be able to use some of this money for p:~'rian a~:8~" bike paths. Mr. Seanor explained that one of the projects thst.:ii~i;iCity has¥~ived STIP funding this is to construct a sidewalk along the State ~i~i~tage..~t~ iEairgrounds. It is his year understanding that if there is a gap in the sidewalk; '=~,,,?~i~(~ w~"~ld rank higher than repairing existing sidewalks. that some of ~'~ii ~.D~i~s issues and Committee and h~ii~i! ~i~' staff to look into improvemenLS~;ii~=''''' Leslie Street and Tom Waters, representing KUKI ra~i;!=,;.rec~?ded t City plans to dig up the streets within the next couple years, i~!i!~e~i~'?be ~. repairing the streets. M/S Smith/ :~iiiii~i~~pg the select:i~iii:,:,:of lacal streets for rehabilitation work to be funded thr~:'::'::'the 200~ii~TIP as recom ~iiii~'by Staff. There;: ~:;~i~i~brief d ',oncerning:~;:~ets that are in worse condition than those listed :ih th~:?:~B ................ them. Motion carrie~:;~;~;~'~"~he following roll call vote: AYES: Councilmembers Larson, Smith, i:.;?:~pd Vice-M~ ~ald~..~8. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None. to the eet, n,. ::' 10e. ConS~eration of Resolution Designating Potions of Mendocino National Fore~nd Park Lands as Wilderness Areas Under the Federal Wilderness Act explained that he submiEed for Council's consideration a proposal with ce~ain publicly held lands within Mendocino County to be designated as Regular Meeting November 7, 2001 Page 9 of ]4 Wilderness Areas under the Wilderness Act of 1964. It is important to note that there are no privately owned lands being considered for this resolution. This is federal land in Mendocino County because of its tremendous value for recreational purposes and scenic value to be preserved Joan Kelly, Ukiah, provided letters of support to Council. She Barbara Boxer is in the final stages of choosing wilderness areas that wi!~!!ii~ii~i!iD, cluded in Co no r the Mendocino County area. She advised that the definition of wil~~Ss iS~::~'~ed on the Wilderness Act of 1964 and requires that the areas be roadles~?:~t they ar~?D90 acres or more, and that after they are designated they remain roadle~;~?~but are ope~ ~6: hiking, fishing, hunting, horseback riding, and grazing. :::::::::::::::::::::::::::::: Ellen Drell, Willits, identified the six areas being prop~?~°r wild~ness designation, as~ ~: noted on a large map. She also described their a~i~bs. :::~.::~: ::~ ~ ::::::::::::::::::::::::: Mayor Ashiku noted that existing roads would~:~?::::~cted if ~:~ere in use and met the road standards. :~?:~ .......... :':~::~'::?:~ :::::::::::::::::::::::::::: Mrs. Drell explained that in some areas, road corridors wod~ :~:::Jeff ope~s:o that some of the areas will be accessible by v~b:.:icle. She noted that a r~;~ffo~.~.~.~s made when citizens inventoried these areas,~:~~g~t::.:areas that have tradit:~l~;~ by hunters who used to be able to get to tr :i~::::~::~:~~?~:~=mps. In eve~:~', that access was Councilmember Libby inquired if ~ pro~::~::~;:"has '~::~~esented to the Willits City Council. ~ Mrs. Drell e~~~~ey have disc'~ed th~ ma~er with individual Councilmembers in Willits b~?~e not ~ a formal pre~a~~ to the Council as a whole. ::::::::::::::::::::::::::::: Davi~~?scussed ~ ~[~.ess whe[~n invento~ was conducted of eve~ piece of fede~i~::'la~:::~~alif~ ~ ~ under the Wilderness Act. Once that invento~ process was:::~ ~:?~he citize~':':':'l::~~:~ was then checked and numerous meetings took place between ~al land management agencies, Forest Se~ice, and the Bureau of emen~:::.~ke ~ure those inventories were in conce~ with the perception of th, ............... land man:~~i agency. The areas proposed have been approved as meetin~::~::~:~ criteria for ~?~ilderness Act. Councilme~r Libby inquired if there is any privately owned land that would be landlocked d~ to this designation. She expressed concern that prope~y owners have adequate a~ss to their parcels and be able to obtain permission to drive through the ~ldernes~:~ ~?~access to their prope~y. ~~i?~xplained that when a piece of private prope~y becomes pa~ of a wilderness Regular Meeting November 7, 2001 Page ]0 of ]4 area, the access they have at the time of the designation is retained. Use of their property is in no way altered by the wilderness designation and all of their rights are retained. He further explained that if they have trail access now, then they would retain the trail access under the Wilderness Act. Once the area is designated wilderness, it would be :.~n!iRely that they would be able to obtain improved access. ~ ::::~::'~'~ :'~':~'::~:' ~: Dolly McDonald addressed Council concerning the public being able wilderness areas and if the federal government would maintain the lan~ii i~:::~'~ :;as in the case of landslides. Mrs. Drell explained that the federal government will be tb:::e land"~::~::'~ards and~'~i~ , Wilderness Act provides for management options in case of::dii~Sters, sU~ ~,as fire. UpOh questioning by Ms. McDonald as to whether the area wQ~ ii~:i?~Cessible boat, Mrs. by Drell explained that the area would be open to non-m~i~d ve~¥~ies. David Rounds, 501 Canyon View Court, Ukiah, ~e~ iS wond~!':~Opportunity for Council to further along the preservation of these landSi Nancy Commons, Yokayo Drive, Ukiah, was of the opini~i;~bat designating these areas as wilderness will draw more people to visit Ukiah and the ~'~t~erness ar~s. Dan Holbrook, Ukiah, explaine~iiii~i~iibe:J:ived in Covelo for ab~'~i~ ~ars and felt the main impact will be to the C~i~i~,~:~ii'~ii!~~,?~,,~::~:~alley area. H:e~?:i~ght it would be a wonderful opportunity for R~:~':~'~y to s~¥~i~:~ii~e[e land. ~::~i~ent on to explain how much of the land in the Rou~'~ Vall~"~rea ha~;ii~i~"i?'iii~~'~ ~¥ four wheel drive vehicles tearing up the hillsides. He is suppo~e of p~rving ?~?'~reas. Linda Gray, Orr,~:~Sp ~ Road, Ukiah, '~:~i~d~Ussed Sonoma County purchasing millions of dollars worthOf ~'~i~?,i e land. This ~pos~! is an opportunity for us to do the same thing at nD~::'::to the t~yer. She suP~~i~e proposal. Peg! discu,, 9 pro~ii~ii"~'this area becoming more valuable when it is SU Councilmemb~e~ii~!E!bby- ~:i!i~iiiili~!?':': observed that she did not see any letters from landowners who ~; ib~ land Iocked'!'?:':~:~i ~ii:?~ ..... ars, O~ii ~xplained th'~ i~:~;e are a handful of landowners and they are not always easy to contact? :y do ha~ii~etters that were submitted from neighboring landowners to these areas and ~ have all been positive. She discussed "in holders" and that many are negotiating ~ the Forest Service to sell some of their property. She did not anticipate opposition ~use in all of those cases, they already have road access and it guarantees ~ ::;~ ~,~eir abilit~ ~?arw on wi~h whatever they want to do with their land. She noted it is her th~{~iI in holdings have road access. Regular Meeting November 7, 2001 Page 11 of 14 Councilmember Baldwin inquired if there were any restrictions regarding prohibited activities in the wilderness areas that include aircraft. Mrs. Drell was not aware if aircraft are prohibited from flying over the wilderness:~,~s. :::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: M/S Smith/Ashiku adopting Resolution 2002-21, supporting the designati~ Federal lands in Mendocino County as wilderness through Federal Wilder [egislation: Councilmember Baldwin commented that it is significant that We;?ii[i~b doi~::~h':is for ourselves and other generations after us. He discussed noise bei~i~ ~D elemen{~at is detracting from our quality of life even in Ukiah. He explaine~,.that t~.::~i!~erness allow access, protection and prese~ation of open space,~:.::~.~[[g0es ha~?~in hand with::? access as long as it's not motorized access. Motion carried by the following roll call vote: AYES:.~:~~ilme~ers Larson, Smith, LibbY~ : Baldwin, and Mayor Ashiku. NOES: None. ABSE~:~:~' None. TAIN: None. 11 COUNCIL REPORTS Councilmember Larson reposed that he recently a~end~?~h:e Pumpkinfest and worked on behalf of the Ukiah Senior Center to raffled a truck. He ~~d the M~A reception for Doug Pilant who assumed Steve ~:~:rner's position at MTA. H::~ ~~e Skateboard Comm~ee and representat~ves~:~:~D~?::~:?~aTers ~n an a~empt~ ~ ~ress the Uk~ah ~aTer~ concerns ~bout the ~~:;~ ~~::~. near the Uk~a:~~ers complex. Most of the discussions focused~:~:?th~ed fo'~:::~ ~::~:~analysi~?:?'He explained that the acoustics is a ve~ real probi'em at ~t Iocation~:~~ ~..~D~inues to look for other sites where a skate park may be located. ::~:~OE: ~:~?~?~ot con ~ them regarding the results of their soils analysis on the other p~t?:j~ated on Gap Road. He a~ended the Housing Forum twe~:::w~ks ago and fo~ :~ ve~ intere:~ting. Counc,,~e~~ S~,~'~Po~ed that t~:~::~:';:~:.~;~?M~n Street ~oard o~ D,rectors meet~ tomorr~~ one th~n~ ~ w,~ take und~~derat~on ,s an ~c~e ~rom the November issue:~~:.s Journa/~( t[ashes Ukia.b?~ noted that there is also an a~icle about it in toda~::"~~ ~a#y ~ ~i~ ~hded the reception ~or Doug P~ant at MTA. The MTA Board ~:~:~ ~!l~:ing the ;~::~~:' and ~nst~tuted action to ~mp~ement the ~mm~nent domain proces~:'::~ ~e Fjords prope~y located at the Crossroads Shopping Center for a ~h:.~ransit cen:~:~ ~e[ MT~. He was unable to a~end the NCPA meeting, however, .......... ~::~:~i~itities Direct~::~~:::~::~did a~end. He plans to a~end another NCPA meeting later this m~~Both he a~ ~:::~ncilmember Larson plan to a~end the League of California c,t,esco, ce,n ber. e ~ e cai led th at th e Co Councilm r Larson r re had been a notation in the reviousuncil tes that ~e co fe ey had bee ed to the Leag minu n fence mon n return ua nci!~ber Smith explained that the conference had been rescheduled to later in Regular Meeting November 7, 2001 Page ]2 of ]4 Councilmember Libby displayed a rendering of the Cultural and Recreation Center for Ukiah. The Recreation Committee has been diligently working on this project and continues to move forward with the project. Yesterday Dianne Brown, a prof~==pal campaign consultant, presented a workshop. They are in the process of funding for the project, i"i"~:~? ...... She reported attending the Mendocino College Business Summit lun.~i~::'~'~ii:,:~,f~und it very interesting. A representative from the state spoke about the e[~ situafi~ ~She also attended the Pumpkinfest. :~":::~,~:!':~:~,~?~i'~i:~::, She explained that she read the article in the newspaper ab~ M~A's d~"~i~ion to purS~ imminent domain proceedings. She felt this it is a strong:~,~i~'':::'~ ment fOr MTA to say they are going forward with proceedings for acquisitio.n'~'~i~f!?~ropert~:~:~hrough the imminent :~ domain process. Since Councilmember Smith reprobate§ the ~i~y on the MTA Board, she~ felt that perhaps he should have consulted with:.:.,~:~ ~ity Cou~i!??gn an issue this large. She inquired of Council concerning their Mayor Ashiku recommended the matter be agendized at:~:=~ ~ext meeting concerning how the City's representatives on governing boards will deal ~[~::ure issues of imminent domain. Councilmember Baldwin di the statu~i!i!~?~he community. He encouraged everyone to City~: n~a'Y Yokayo Bowl and the truck stop. It was his opinion that t'~e has n{ on our highways and especially in the area of the North ~e exit t~i:,~,!i~:~i~ery before. He hoped that Council would consider taking a ..................... pt-~.!i~i~i~ii~hway program. He explained that a sign is plac:~i~,~,~e highway e and the clean up occurs four times each Mayor .~iii~u, after co~lting with Cou~i~mber Baldwin, requested the matter be agen~!~i ~ the ne~',ii~:.~,~:~il meeti~g~'i::i::~'arding a recommendation concerning the Ado~¥~::~-~~ay p ~i?~i~~s to the state concerning the program. He reported thai~:~i~[e is a mediation meeting scheduled for November 14 with the Fire wanted cause he has been working with the Fire Unit concerning Council revealed that Mayor Ashiku and Councilmember Larson Id attend th Unit meeting. He directed"i~istant City Manager Fierro to make sure that someone talks to Mr. Bishop and Mark AS~i~u about erecting some security fencing between their hangars. The fencing would keep:,~icles off the runway. He noticed that someone drove a vehicle through the i::~ence on t~ ~orth end of the roadway and onto Hastings Road and the fence needs to be ire::~iiii i~ also noted that Claudia from Ace Aerial requested the status of the hangar d::~!ii~:.~ Council approved for purchase for her hangar. He requested Assistant City Regular Meeting November 7, 2001 Page ]3 of ]4 Manager Fierro contact her about the matter. 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS Assistant City Manager Fierro reported that last Saturday, staff and Mendocino~,..:~Re!~eaf planted approximately 40 trees in Todd Grove Park. The second installment o~::,,~iii for the Millennium Project that Council approved will be planted on Novemb~ ~i~. T~ will be phasing in the trees during the next two years and are looking at pl~i~ ~rees nea~ the Airport .... : :::::::: ::::: ::::;::::: :: :: :: ..... City Clerk Ulvila advised that she would be out of the office on NoV~ r 8 and A mailing to contractors will be sent next week soliciting applications f°:~i~ie 2002 QuaJ~ Contractors List. The deadline for submittal of application%~,i~ ~embe~':ii?,~, 2001. S~ continues to work on transcribing minutes of City Mayor Ashiku noted an item of correspondence reg"~i~::':the:annual Police Department~ dinner that will take place on December 1st ,~,::::~::~.,,::. g City Clerk Ulvila reported the Second Annual S'~'d( November 16th in Petaluma and inquired if any She noted that possibly some members of the City's Parks S~:'~mit is scheduled for r had interest in attending. wo:~!d be attending. Regular Meeting November 7, 2001 Page 14 of 14 ITEM NO.: 6a DATE: December 19, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF NOVEMBER 2001 Payments made during the month of November, 2001, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 35679-35774, 35867-36023, 36024-36108, 36189-36269 Accounts Payable Manual check numbers: 28749-27852 Payroll check numbers: 35579-35678, 35775-35866, 36109-36188 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of November, 2001. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Ap p ROVE D: ~~,,~Z~~~_ce C'~Uanager Horsley, , KRS:W ORD/AGENDANOV01 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF NOVEMBER 2001 Demand Payments approved: Check No. 28749-27852, 35679-35774, 35867-36023, 36024-36108, 36189-36269 FUNDS: 100 General Fund $199,756.47 652 131 Equipment Reserve Fund $4,747.44 660 142 National Science Foundation 664 143 N.E.H.1. Museum Grant 665 150 Civic Center Fund 670 200 Asset Seizure Fund 675 203 H&S Education 11490(B)(2)(A)(I) 678 204 Federal Asset Seizure Grants 679 205 Sup Law Enforce Srv. Fd (SLESF) 695 206 Community Oriented Policing 696 207 Local Law Enforce. BIk Grant $3,249.60 697 220 Parking Dist. #10per & Maint $530.32 698 230 Parking Dist. #1 Revenue Fund 699 250 Special Revenue Fund $90,765.73 800 260 Downtown Business Improvement 805 332 Federal Emerg. Shelter Grant $8,681.21 806 333 Comm. Development Block Grant $1,720.31 820 334 EDBG 94-333 Revolving Loan $2,388.35 900 335 Community Dev. Comm. Fund 910 410 Conference Center Fund $7,700.33 920 550 Lake Mendocino Bond $642,158.94 940 555 Lake Mendocino Bond Reserve ($32,774.93) 950 575 Garage $430.35 960 600 Airport $19,893.10 962 612 City/District Sewer $28,256.91 965 615 City/District Sewer Replace 966 REDIP Sewer Enterprise Fund Sanitary Disposal Site Fund Disposal Closure Reserve Refuse/Debris Control U.S.W. Bill & Collect Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Special Projects Reserve Electric Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 35579-35678 DIRECT DEPOSIT NUMBERS 11681-11791 PAYROLL PERIOD 10/14/01-10/27/01 PAYROLL CHECK NUMBERS 35775-35866 DIRECT DEPOSIT NUMBERS 11792-11913 PAYROLL PERIOD 10/28/01-11/10/01 PAYROLL CHECK NUMBERS 36109-36188 DIRECT DEPOSIT NUMBERS 11914-12029 PAYROLL PERIOD 11/11/01-11/24/01 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $41,252.62 $16,641.32 $2,443.75 $27,372.05 $1,092.56 $9,002.41 $67,850.49 $695.90 $12,658.75 $26,050.00 $22,694.00 $1,006,524.62 $12,240.28 $11.56 $55,965.95 $10,657.69 $169,919.89 $1,956.07 $169.77 $10,113.00 $9,238.00 $316,467.82 $2,798,522.63 $81,664.75 $228,952.8O $437,440.51 $3,546,580.69 VOID CHECK NUMBERS: NONE CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance ~D > <2> (D 0 ~ 0 -1- > o,1 o (D CD CD CD [-~ o cD o o o c) o o ~-~ ,ri c~ o~ o'h o~ ~:h lib ['-- o o cq oo cq cq o o o o o o~ o~ o~ c~ L~ L~ L~ Ln O~ co co o CD o o 0 u,4 ~ 0 · o o o CD O O CD · ~° cq ~D · cFI >m o~o ~0 ~0 000~ HHHH ~~O H ~ O,~ E~OO O ~m D-10 ~ O F-z1 Z~. Oo Z 0 Z ~ 0 ~ Z ~ 0~ Z ~ Z 0 ~ H Z~ H> 0 ~ Z OZ ~0 ~ , ~>~ r. az rj~ ~ 0 D~ 0 ~ Z Z u~ U h~ >> 0 Z 0 0 m · 0 u n, E~ 0 U 0 ~ ~Z Z~ 0 ~ Z H ~ © -2- 0 O0 O0 0 0 o o o 0 o 0 ~ 0 H ~ ~0~0 '~0 0~::> o~oo~o~o 0 O0 0 0 °~°o ~0 ~0 ~ ......... 0 oZZ Z H 0 0 C) o 0 0 · . . c) 0 0 c~ oh 00 Z~- Oo o > z o~ o z m o ~ ~ooooooooo ~ ~ z zz z z z ZZ Z ,~ ~ooooooooo mz 0 H O~ H Z 0 H ~ Z ~o © moo o z H 0 -3- O~ c~ t~ L~ L~ 0 CZ) 0 0 0 0 ~ C~ O0 o o o L~ ~0 ~ 0 0 CD o8o ~H~O Z , 0 ~ 0 E~O~ ~0 ~0 OOM oog · . . 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OOOOOO O ~O ~~OO ~ ~O UUUD. ~Z H ~Z ~~m~ ~ O~ HHHH ~ [ ZO~ ZZZZ~Z ~ ~~O ~ ~ O HHHH~ ~ ~ Z'~ O~ U~ U~ Z O ZH ~ U Ora Z~ > Z mZ ~ ~0 0 O~ ~ ~ 0 ~0 ~ Z ~0 ~ ~ 0~ 4Z DJ H H~: H~ ~0 ~0,~ UZ ~m ~ou ~ o z -47- z 000000000 000000000 000000000 0 ~ o o o o o o r-i o o o o ogg 2~ z Z ~ o ~ o o ooooo o o 0 ~ 00~ O0 o~o~o~ ~ oo~: o ~o ~ O0 ~ Z~ ZZZ ~ OZ ~o ~o ~o o>o' DDD~ 0~0~0 H~O~ o ~ H > ZZZZZZZZZ ~000000000 ~UUUUUUUUU ~UUUUO000 ~0000~~ 0 H o m~ Z ~ o r.D H O U zo o Z Z~ E~ ~ ~UUUUU ~00000 ~00000 o -48- ~ · og CD 0 00 0 , 0 r~ CD , 0 oo~°oo ~°~o 00000000000 0 O0 0 0 0 0 0 0 0 0 ~ 0 000 0 0 O0 0 0 0 0 0 U ' ~ ~ ~o~ ~ ~ ~ ~ o o ~ o o o~o o o ~ o ~ ~ o o ~ o o~o o ~ ~ ~ ~ o ~ ~ ~ ~ .......... ~ ~ ooo o o oo o ~ o o o o ~ o ooo o o oo o ~ o o H~O H ~ ( ~ i H 0 ~oo~oo~oo O0 O0 O0 00000000000 000000~0000 ~oo~oo~~ 0 ~ ~ 0 Z 0 > 0 ~000 ~H~ Z Z~ ~ 0 0 ~ Z ~ 0 ~ ~ Z ~ o0 ~ ~ ~ ~0 O~ 0 0 M~ ~ ~ ~ ~0 ~ HO H~ ~ ~ ~0 ~ ~ ~ O~ 000 ~ O~ ~ ~ ~H ~0 no n~a p ~m 4~ a~ ~ >~ ~H~H~HHH~ DDDDDDDDDDD -49- o o ,--q O0 ['~ ~ UUU ~q c~ c~ o o o ,-4 ~ U ~0 E~ U O ~0 E~ 00~ oo°~g g o~ OOO O O OO °°° ~ ~ 0 000 0 0~ 000 ~ ~ ~0 oo~ ooo o ~ 00~ ~ 0 0 oo 0000000000 O ~O ~0 oo~o~ooo O0 ~0 ~00 UUUUUUUUUU H DDDDDDDDDD Z 0 Z~ ~ O 0 m U Q) H~ ~ZZ © Z E~ ~Z O~ U U~ 0000 HUO~ 0~ ~ZZZ Z 0 o ~ O ~ E~ OME~ -50- ~ o~ 00000000000 00 00 o o t~ t~ o~o u u ~o DDD~ Soooo~oo~o 0000000 0 00000000000 00~00~000 0~00~000~0 00000000000 oz ~o Z~Z oo~ Z~ U~ z o 00000 ~UUUUU -000 ~UUU OO00 ZUUU o oZ z~ DD o o~o~ o O z z~ o 00000000000 ~UU~UUUUUOOU zoo ~oo © © r.~ -51- I-4 ¢,1 > LD o o ~ t'~ o o 0 O0 O0 000 O0 000 oo~~~~~~~o ooo ooooo O0 000 0 O0 O0 0 0 0 0 0 ~o E~ E~ E~ E~E~ oo~ o~oo ZZ E~ ~ Z Z U H ~2~ OOOOOOOOOOOOOOOOOOOOO ..................... °~~~°~X~°~~° 0 0 O0 o Z ZZ Z Z Z ~ Z Z Z Z~ZZ ~ ZZ Z Z Z Z ~ 000000000000000000000 o~o Z~ O~ Z o Z o HHHHHHHHHHHHHHHHHHHHH ~ Z Z ZZ Z Z Z ZZZ ~Z Z Z Z Z ZZ Z Z Z ~000000000000000000000 i -52- O< H U · ".ID O H O HHHHH UUUUU OOOOOOOO OOOOOOOO oo~~~o OOOOOOOO OOOOOOOO OO OOOO ',~ Ln O~ O10~ O O O ~ CO CO t"- ["'- O CD O O ~.4 D.-, O °88 HHH ~~O ~H~ HHH~O UUU~ UUUUU~ Ln ¢q ,-4 C) CX] C'q ~ C0 8 r...) ~ E~ Ho~O U °°88°o8 OO OO OOOOOOO OOOOOOO OOO~OO~ OO~O~O o°888°8~°o o OHHH~HH~O 88 O U ZZ 00,¢ 0 Z~ OC~ Z 0 > ~HH~ ~0000 H~~ Z HH O OOOOO U~ > ,< ~ O 0~: > H ~UUUUUUUU ~HHHHHHHH ~00 0~ -5S- rU , t.~ 0 > o :D o 0 o u3 U o ¢4 ~) ~1 · u7 0 ¢b · U r.D ~ C> i.--i o -54- o o z o > -55- -56- Z 0 > Z Z ~0 ~ 0 -5'7- AGENDA SUMMARY ITEM NO. 6b DATE: REPORT December 19, 2001 SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE LEASE AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION FOR AUTOMATED SURFACE OBSERVING SYSTEM AT THE UKIAH REGIONAL AIRPORT The Department of Commerce, National Oceanic and Atmospheric Administration, on behalf of the Federal Aviation Administration (FAA), has constructed an Automated Surface Observing Station (ASOS) at the Ukiah Regional Airport. The ASOS automatically provides real time aviation weather information to aircraft and pilots via automated radio broadcast (119.27 MHz.) or telephone (462-7343). It also supplies the required altimeter information necessary to use the instrument landing approach during inclement weather. This system replaces the outdated Automated Weather Observation System (AWOS) that was constructed after the Flight Service station closed in 1996. This agreement allows the FAA to continue using that area on the East side of the Airport adjacent to the segmented circle and windsock. This area is not suitable for future airport development and allows the instrumentation of the ASOS to function properly. This agreement is a standard no fee agreement with the FAA for the area needed for the ASOS. In return, the aviation public is provided with the reliable and accurate weather information required for safe flight operations. With the exception of the land provided, there is no cost to the City of Ukiah. RECOMMENDED ACTION: Adopt Resolution Authorizing the City Manager to execute lease agreement with the Federal Aviation Administration. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Authorize City Manager to execute revised agreement. 2. Do not authorize City Manager to execute agreement and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Federal Aviation Administration Don Bua, Airport Manager Albert Fierro, Assistant City Manager 1. 2. Manager and Candace Horsley, City Resolution for Adoption, including Lease Agreement as Exhibit 1 Letter from Hector Placencia Candace Horsley, Cit~Manager 4:ACM:ASRLease,01 A'i-I'ACHMENT 1 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION FOR AUTOMATED SURFACE OBSERVING SYSTEM AT THE UKIAH REGIONAL AIRPORT WHEREAS, the City of Ukiah operates the Ukiah Regional Airport; and WHEREAS, the Federal Aviation Administration (FAA) had constructed an Automated Surface Observing Station (ASOS) at the Ukiah Regional Airport for the purpose of automatically providing real time aviation weather information to aircraft and pilots via automated radio broadcast (119.27 MHz.) or telephone (462-7343); and WHEREAS, the City of Ukiah wishes to enter into a Lease Agreement with the FAA for placement of the necessary equipment to facilitate this service at the Ukiah Regional Airport; and WHEREAS, the precise location of the leased premises is as described in the attached Lease (Exhibit 1). NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE that: 1. The City of Ukiah is hereby authorized to enter into a Lease Agreement with the United States government for the FAA's ASOS located on Runway 15-33 at the Ukiah Regional Airport; and 2. The City Manager is hereby authorized to execute said Lease Between the City of Ukiah and The United States of America for the purposes stated above and for the terms and conditions as outlined in Exhibit 1 attached hereto. PASSED AND ADOPTED this 19th day of December, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 4:Res:ASOS12.01 Resolution No. 2002- Page 1 of 1 FEDERAL AVIATION ADMINISTRATION Lease No.' Facility: U.S. Department of Transportation DTFA08-02-L-21368 Automated Surface Observing System (ASOS) Ukiah Municipal Airport Ukiah, California LEASE Between CITY OF UKIAH and THE UNITED STATES OF AMERICA This Lease, made and entered into this by and between city of Ukiah whose address is: 300 Seminary Avenue Ukiah, Califomia 95482 day of ~r~_~ in the year for itself and its successors, and assigns hereinafter referred to as Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz.: Please see Page lA Federal Aviation Administration Page 1 (10/98) DTFA08-02-L-21368 Ukiah Municipal Airport ASOS Lease Description Property Lease legal description The beginning of the ASOS property lease more or less described as follows: At the ARP of Runway 15-33, thence proceed North 19° 25' 37.2" East for a distance of 889.54' to center of the ASOS tower, then proceed South 11 ° 40' 10" East for a distance of 45' to point of beginning (POB). Beginning at the POB, thence proceed South 78° 19' 50" West 30 feet, thence proceed North 11 o 40' 10" West 100 feet, thence proceed North 78° 19' 50" East 60 feet, thence proceed South 11 ° 40' 10" East 100 feet, thence proceed South 78° 19' 50" West 30 feet to the true POB. The plot containing 0.138 acre more or less. All bearings are based on California Plane Coordinate System. Together with a clear area which shall be kept free of all buildings, trees, vehicular parking and vegetation over 6 in. tall which would affect the accuracy of weather instrument readings; and described as follows: An area encompassed by a circle of 100.00-foot radius the Center of which is the center of the ASOS wind tower. A plot of land containing 0.721 acres more or less. Lease will also include the Acquisition Control Unit (ACU) located in the FAA equipment room, in the old Flight Station Building (next to rack #4). Also, a "UHF" Radio Antenna and a "GTA" Antenna are located on the roof of the old Flight station building, ~ Ukiahrnoni Airport. Federal Aviation Administration Page lA Lease No.- DTFA08-02-L-21368 (a) Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. TERM For the term beginning October 1,2001 and ending September 30, 2001. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day of September 2021. 3. CONSIDERATION The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. Federal Aviation Administration Page 2 (10/98) Lease No.: DTFA08-02-L-21368 4. NON-RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Govemment may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 5. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. 6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the Lessor, except, when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government.. 7. HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. Federal Aviation Administration Page 3 (10/98) Lease No.' DTFA08-02-L-21368 8. QUIET ENJOYMENT The Lessor warrants that they have good and valid title to the premises, and fights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 9. HOLDOVER If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall, continue in force and effect on a month to month basis. This period shall continue until the Government has signed a new lease with the Lessor, acquired the property in fee or vacated the leased premises. 10. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 11. COVENANT AGAINST CONTINGENT FEES The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the fight to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 12. ANTI-KICKBACK The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3). Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. Federal Aviation Administration Page 4 (10/98) Lease No.: DTFA08-02- L-21368 13. PROTEST AND DISPUTES All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after the lessor or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this contract, a contract dispute by the lessor against the govemment shall be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. 14. SPECIAL STIPULATIONS FOR THE INSTALLATION AND OPERATION OF AUTOMATED WEATHER OBSERVING SYSTEM (ASOS) UNDER THE TERM OF THIS LEASE. 14.1 Lessor shall maintain vegetation to less than 10 inches in height within 100 feet of the FAA's ASOS site(s). 14.2 Lessor shall notify FAA's airport operation maintenance office when construction or agricultural (tilling, mowing, harvesting, etc.) activity is scheduled or occurs that produces abnormal amounts of dust at the FAA's ASOS sensor equipment site(s). 14.3 Lessor shall not construct adjacent to FAA's ASOS sensor(s) site, major paved surfaces, irrigated or drainage areas, or test/mn-up facility that may significantly alter temperature, humidity, or wind measurement. 14.4 Lessor shall not create topographical surface changes (excavation or mounding) within 500 feet of ASOS sensor(s). Smooth and gradual surface changes are essential to representative wind measurement. 14.5 Lessor shall keep trees within a 1000' radius of the FAA's ASOS sensor site(s) and on airport property trimmed and thinned so that growth does not progressively degrade the representativeness of wind measurements from the base line conditions that existed upon installation. 14.6Lessor agrees to plan airport developments so new buildings and construction: 14.6.1 Do not degrade wind speed/direction or temperature/humidity measurements. 14.6.2 Do not block or electronically interfere with the UHF data-link line-of-site between ASOS sensor site(s) and F AA's ASOS ACU processor located in ATCT. 14.6.3 Do not interrupt or endanger the steady supply of electrical power to the FAA ASOS sensor site(s) and ASOS processor, located in the ATCT. Federal Aviation Administration Page 5 (10/98) Lease No.' DTFA08-O2-L-21368 14.6.4 Or so that acceptable alternative measures are jointly agreed to by the Lessor and the FAA before potentially disruptive construction or development is undertaken. 14.7 The Lessor shall provide for the power access to the FAA ASOS and associated electrical equipment and cables to the FAA ASOS equipment. 15. LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 16. NOTICES All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other)' TO LESSOR: City of Ukiah 300 Seminary Avenue Ukiah, Califomia 95482 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Real Estate & Utilities Team, AWP-54B P.O. Box 92007 Los Angeles, CA 90009-2007 17. The following are attached and made a part hereof: Site Location Plan, Site Civil Layout Plan at Rwy 15-33 and Site Electrical Layout Plan Federal Aviation Administration Page 6 (10/98) Lease No.' DTFA08-02-L-21368 18. The following changes were made in this lease prior to its execution: None This lease supersedes Lease obtained by the Department of Commerce, which expires by limitation on October 30, 2012. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR (Signature) (Official Titm) THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Date: Contracting Officer, Real Estate & Utilities Team, AWP-54B Federal Aviation Administration Page 7 (10/98) U'kiah, CA Ukiah Municipal Airport (UKi) Rev. 0 :..~. - I SOUTH STATE S~ ~:L~; ~~~~ '" · ~:~', , ~ ..... :.' .,~ ~ ~~ , ~ ~'~ '~ ~. ' . ~ ~r ~. ~ ' ~ ~' ~ ..,~. ~: .~ ~ . .. ~ ~ ~.~... ~ :~ ~ . ~ .,. ., . ,~:~. ~.: . ..... . ~ ~ ~ " ,I . LOCATION '~i !['. ._ . ,, , , .~~!~N ,.. .... PHOTORmSED (1975) ~~ P~, CA 0 ~000' 2000' PHOTOR~SED (1975) . Plan I SITE LOCATION 'PLAN _ I I II II I 1:24,000 6 Ukiah Municipal Ai~ort (UKi) November 24, 1997 Rev. 1 FENCE ~R~HOLD POWER POLE PLANNED WIND TOWER LOCA'nON AREA 100' RADIUS PLANNED ELECTRICAL EQUIPMENT MOUNllNG FRAME SEE PLAN 4 PAVED ROAD ~CESS ROAD CIRCLE PLANNED ASOS SENSOR GROUP LOCAllON DOSTiI~ FENCE NWS WIND TOWER P~N i SCALE 1" = 200' mos SENSOR GROUP LO~llON PAVED ROAD [~ ASOS SENSOR AREA N (~ PHOTO NLJWBE:R 200' 400' Plan 2 SITE CIVIL LAYOUT PLAN AT RWY 15-55 SCALE: 1' = 400' Ukiah, CA Ukiah Uuni¢ipal Airport (UKI) Rev. 1 November 24., 1007 /--- DISPLACED THRESHOLD /--- BRL FENCE POWER POLE PLANNED EQUIPMENT MOUNTI FRAME SEE PLAN 4 PAVED ROAD IPROVIDE (1) 2~C. ~10, TYPE MC ~ POWER CABLE. C~LE W~LL aE ROUTa7 INSIDE OF FENCE UNE TO MOUNTIN(~ FRAUD AT POWER POLE. DIRECT BURY AT 36' UIN. BELOW GRADE PLANNED ASOS WIND TOWER LOCATION PAVED ROAD PLANNED ELECTRICAL EQUIPMENT MOUNTING FRAME SEE PLAN 5 PLANNED ASOS SENSOR GROUP LOCATION ACCESS ROAD SEGMENTED CIRCLE PLANNED ASOS SENSOR GROUP LOCATION FENCE PLAN SCALE: 1'= 200' PROVIDE (1) 2/C ~8, TYPE IdC POWER CABLE TO SENSOR GROUP 'DCP. DIRECT BURY AT 36" MIN. BELOW GRADE ASO$ SENSOR AREA EXISTING BUILDING (~ PHOTO NUMBER SITE ELECTRICAL LAYOUT PLAN AT RWY 15-35 SCALE 1' = 400' Plan 3 8 U.S. Deparl'ment of Transportation Federal Aviation Administration Western-Pacific Region Logistics Division P. O. Box 92007 Los Angeles, CA 90009-2007 Ukiah Municipal Airport Mr. Don Bua Airport Manager 1403 S. State Street Ukiah, California 95482 Dear Mr. Bua: Ukiah Municipal Airport ASOS License As you may be aware, the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Acquisition Office on behalf of the Federal Aviation Administration (FAA) purchased the Automated Surface observing System (ASOS). The ASOS Site survey contract was initially managed by the NOAA Central Administrative Support Center in Kansas City, Missouri. Since the FAA has been maintaining the equipment it has been determined that the FAA will assume ownership of the equipment and would like to replace the existing lease with a new lease between the FAA and the City of Ukiah. Enclosed for your review and approval are three (3) copies of our Lease #DTFA08-02-L-21368 for the FAA's ASOS located on Runway 15-33 at the Ukiah Municipal Airport. After you review this document and find it meets with your approval, have all three (3) copies signed by an authorized official. Please return two (2) copies of the signed document to this office along with evidence of authority, such as a certified copy of the resolution-authorizing signature by the party signing on behalf of the City of Ukiah. You may retain the third copy of the document for your records until a fully executed copy can be returned to you. Thank you for your attention in this matter. If you have any questions, Please contact Dean Flowers at (310) 725-7539. Sincerely, Hector Placencia Realty Specialist/Contracting Officer Real Estate & Utilities Team, AWP 54-B Enclosures ITEM NO: 6c DATE: December 19, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE EXECUTION OF A CONSULTANT CONTRACT OF LESS THAN $10,000 FOR THE PREPARATION OF A HABITAT ENHANCEMENT AND PUBLIC ACCESS STUDY FOR DOOLIN CREEK SUMMARY: The 2000-2001 City budget contains $10,000 for the preparation of a Habitat Enhancement and Public Access Study for Doolin Creek. This project is the third phase of a General Plan implementation program focused on the enhancement and restoration of our local creeks. The first two phases involving Studies for Orrs and Gibson Creeks were prepared and approved by the City Council over the past two years. The purpose of this Agenda item is to provide a report to the City Council, pursuant to the requirements of the Ukiah Municipal Code, concerning the execution of a contract of less than $10,000. Staff recently sent a Request for Proposals (RFP) to 14 qualified consulting firms to prepare the Study. While no local firms bid on the project, we did receive two bids from planning consultants who have performed work for the City in the past. After a difficult selection process, staff awarded the contract to the RRM Design Group, who indicated they could complete the Study for $9,500. The other bid, submitted by Leonard Charles and Associates, came in at $14,980. The RRM Design Group assisted the City with the Concept Plan for Gobbi Street Riverside Park. They are an award winning full-service planning firm that recently established a new office in Healdsburg. Their work on the Santa Rosa Creek / Prince Memorial Greenway Master Plan received the Award of Excellence from the California Chapter of the American Planning Association. Staff has prepared a standard professional services contract to formally engage the services of the RRM Design Group, and has targeted January for a "kick-off" meeting. RECOMMENDED ACTION: Receive report regarding the consultant contract of less than $10,000 for the preparation of a Habitat Enhancement and Public Access Study for Gibson Creek. ALTERNATIVE COUNCIL POLICY OPTION: Do not receive the report and provide direction to staff. Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. RRM Design Group consultant contract APPROVED: ' /'[~- ~ Candace Horsley, City IVl~nager CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF A CREEK ENHANCEMENT STUDY DOOLIN CREEK HABITAT ENHANCEMENT AND PUBLIC ACCESS STUDY This agreement shall be considered a contract, and is entered into this __ day of__ , 2001, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and RRM Design Group, a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Site design Study, more particularly described in CONSULTANT's bid proposal, dated November 16, 2001 referred to as Exhibit "A", and attached to this agreement. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of such study which are determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional services as described in Exhibit "A," which consists of the Bid Proposal from RRM Design Group dated November 16, 2001, which is attached hereto and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 1.03 1.04 1.05 1.06 1.07 1.08 2.01 2.02 2.03 The absence, omission, or failure to include in this agreement items which are agreed by both CITY and CONSULTANT to be a part of normal procedure for a study of this type or which involve professional judgment, shall not be used as a basis for submission of inadequate work or incomplete performance. CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all findings, recommendations, studies, and reports shall be made and prepared in accordance with generally accepted professional practices. When the agreement calls for the preparation of studies and reports, they shall be in a form acceptable to the CITY. CONSULTANT shall bear the expense of all printing and reproduction costs not included as reimbursables in the proposal, until final reports are accepted by the CITY, at which time CONSULTANT shall turn over to CITY all documents. The schedule for the project, and the preparation of all work products shall be consistent with the schedule detailed in the bid proposal identified as Exhibit "A" (attached). Changes to the agreed upon schedule detailed in the proposal may be made only upon written consent by the CITY. Time is of the essence and of the utmost importance in the performance of the agreement. CONSULTANT shall prepare and deliver all draft and final work products consistent with the bid proposal. CONSULTANT shall be responsible for attendance at all meetings with staff, the general public, and decision-making bodies consistent with the submitted bid proposal. CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." Upon request, and its expense, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. CITY will examine the required site design study, reports, or other submittals from CONSULTANT and will render, in writing, decisions or comments pertaining to their adequacy and acceptability within fourteen (14) calendar days of receipt thereof. 3.01 3.02 3.03 3.04 3.05 4.01 4.02 5.01 5.02 ARTICLE III TERM OF AGREEMENT The term of this agreement shall be pursuant to the proposal submitted by CONSULTANT as contractor's bid response and in accordance with paragraph 1.05 above. This agreement may be extended on its same terms and conditions for a period not to exceed thirty (30) days, upon written agreement between the Planning Director and CONSULTANT. The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph 1.05 above. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 and 8.04 and consistent with sound professional practices. If CITY requests significant modifications or changes in the scope of this project, the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY consistent with sound professional practices. ARTICLE IV COST OF SERVICES CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed $9,500.00, which includes all reimbursables, on a job completion basis. Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A." ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. Payment scheduling: Total payment not to exceed $9,500.00, which includes all reimbursables. Fees for professional services as outlined herein shall be paid subsequent to the receipt of monthly invoices from CONSULTANT. 5.03 5.04 5.05 6.01 6.02 7.01 7.02 Payments to CONSULTANT shall be based on monthly invoices submitted by CONSULTANT, with work items reported as set forth in Section 10.0 of Exhibit "A." Payments will be made by CITY within thirty (30) days from the date CITY receives invoice from CONSULTANT. If CITY substantially alters the scope of work to include additional analyses, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS CITY acknowledges that the original studies, maps, plans, reports and documents together with such backup data as required by this agreement ("Documents") were produced by CONSULTANT for the design of Riverside Park as discussed in Exhibit "A." CITY acknowledges that the documents were not prepared by CONSULTANT for any other purpose and that CONSULTANT does not assume any responsibility for the Documents if they are used by the CITY for any other purpose, or if they are disclosed by the CITY to any third party who uses the documents for any other purpose. CITY assumes the risk of using the Documents for any other purpose and shall not seek to hold the CONSULTANT responsible in any manner if the CITY uses the Documents other than for the design and construction of the Riverside Park. CITY shall only disclose the Documents only to third parties if required to do so by law. In any such disclosure the CITY shall include a notice that the CONSULTANT assumes no responsibility for the use of the Documents by third parties for any purpose. CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non-employees of the public agency exceeds $5,000.00." 8.01 8.02 8.03 8.04 ARTICLE VIII TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided (subject to the provisions of paragraph 8.04), CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least ten (10) days prior to the date of termination specified in the notice. During this ten (10) day period CONSULTANT may use its best efforts to correct any performance issues identified in the notice. CITY, in its sole discretion, shall determine whether CONSULTANT has satisfactorily corrected its deficient performance. Upon Such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01,5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement, provided that the amount of damages does not exceed the amount of the contract. CONSULTANT is not responsible for delays caused by factors beyond the CONSULTANT'S reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of god, failure of any governmental or other regulatory authority to act in a timely manner, failure of CITY to furnish timely information or approve of disapprove of CONSULTANT'S services or work product promptly, or delays caused by faulty performance by CITY or by contractors of any level. When such delays beyond CONSULTANT'S reasonable control occur, CITY agrees that CONSULTANT is not responsible for damages, nor shall CONSULTANT be deemed to be in default of this agreement. 9.01 10.01 11.01 12.01 13.01 ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury is caused by the active and sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. ARTICLE Xl GENERAL COMPLIANCE WITH LAWS It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. ARTICLE Xll ENDORSEMENT OF DOCUMENTS It is understood and agreed that, the CONSULTANT will endorse studies, reports, and documents in accordance with applicable portions of the Business and Professions Code of the State of California. ARTICLE Xlll NONDISCRIMINATION CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, 13.02 14.01 15.01 15.02 15.03 16.01 16.02 religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contract sanctions as it may determine to be appropriate including, but not limited to: al Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS This Agreement shall be binding on each party's heirs, successors or assigns. Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVl EXTENT OF AGREEMENT This agreement shall consist of this agreement, the proposal submitted by RRM Design Group dated November 16, 2001 identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. 17.01 18.01 ARTICLE XVll PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVlII NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Senior Planner CONSULTANT/ CONTRACTOR: RRM Design Group 3701 South Higuera Street San Luis Obispo, CA 93401 ATTN: T. Keith Gurnee, Principal 19.01 20.01 ARTICLE XlX DUPLICATE ORIGINALS This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of County Corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Candace Horsley, City Manager Date CONSULTANTICONTRACTOR T. Keith Gurnee, Principal IRS IDN Number Date APPROVED AS TO FORM: David Rapport, City Attorney Date November 16, 2001 RRM DESIGN GROUP EXHIBIT "A" Mr. Charlie Stump Planning Director City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Re: Restoring Doolin Creek Dear Mr. Stump: "From neglect to respect...' Such is the transition that communities who want to rediscover their urban creek .systems must make to ensure that their creeks can become and remain a source of environmental richness and recreational opportunity, while continuing to service a public safety need. While too few communities have embraced this concept, Ukiah has proven itself to be a progressive community interested in unlocking the potential of its urban creeks. Indeed, Ukiah is being viewed a leader in such efforts. Ukiah has three tributary creek systems that traverse the City from the mountains immediately west of the community to the Russian River to the east. Ukiah has already completed concept plans envisioning the restoration and enhancement of Orrs Creek and Gibson Creek. Now it is Doolin Creek's turn. Developing conceptual plans for the enhancement of Doolin Creek will pose a number of challenges. The fact that Doolin Creek is largely a disturbed riparian corridor that has been channelized -- and in some cases undergrounded -- in certain sections of the community will demand a creative and understanding approach. In observing many of the conditions along the corridor, including ,miscellaneous bridges, gabions, and fencing, it is clear that Doolin does present issues of flooding and erosion that will need to be respected by this effort. Yet, its potential as a restored riparian corridor with visible and viable public enhancements is there waiting to be unlocked. At RRM Design Group, a multi-disciplinary planning and design firm with extensive experience in the restoration, planning, and environmental design of urban creek systems, we are excited at the opportunity to of help Ukiah unlock the potential of Doolin Creek. In the process of helping the City of Ukiah to devise concept plans for its Gobbi Riverfront Park, we developed a great deal of affection for Ukiah, and with our office in Healdsburg in northern Sonoma County, we are very interested in continuing to grow our business in the Mendocino County area. As such, we intend to invest in the Mendocino County market by donating a considerable amount of our time beyond the level of work outlined in the scope of work and budgets attached to this letter to ensure that the work products are attractive, viable, and useable. San Luis OIdsl,O · (),~kdale . Hcaldsbur,g . Los 3765 South Higuera Street, Suite ~o2 · San I.uis ()bispo, California 934oa · Phone: 8o5/543--~794 · Fax: 8uS/g4~-46o9 - www. rrmdcsign.cmn A C,dl[orui,~ t'orl,o~.ti~,. · ['~ t4,r M,,~lXo.tcrg. Ardut,'ct 'ct tram · It'rry ,%I~rhm'l. R~ '1~ 't1,,~o~. IN 't,27, · 1~'~[ I ,'~l~t'h I..'1 '2S4.1 Mr. Charlie Stump Page 2 November 16, 2001 Consistent with our mission as a design firm, we are looking forward to "Creating enVironments people enjoy..." along Doolin Creek and devising concept plans in close concert with the City of Ukiah for this unique creek corridor. Should you have any questions regarding our proposal of services, please don't hesitate to give us a call. Otherwise, we look forward with great anticipation interviewing with your community on this important project. Sincerely, RRM DESIGN GROUP T. Keith Gumee Principal Enclosure (mg)c/xp01103\tkg-CovrLtr. Stump Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services November 16, 2001 I. Our Understanding of the Doolin Creek Project... The City of Ukiah is interested in obtaining expert planning, landscape architecture, and environmental analysis assistance in preparing a concept plan for the Doolin Creek corridor. This is the third of three creek corridor enhancement studies the City has been pursuing in recent years. Doolin Creek traverses southern Ukiah draining the foothills west of the community, to the east along Talmadge Road corridor where it ultimately intersects with the Russian River. The creek meanders through a variety of residential and commercial areas, and much of the upland section of Doolin Creek has been culverted to address historic flooding concerns. Part of the creekway is undergrounded, and while there are property owners along the creek who have respected its potential as both an environmental and design feature, there are also areas where the creek has been encroached upon, walled off, and ignored. Nonetheless there remains great potential to restore, beautify, and provide appropriate access to the creek while allowing it to continue to serve its purpose as a key drainage while minimizing its flooding characteristics. It will be up to the chosen design consultant to work with Ukiah in unlocking that potential. The City's goals are to create a plan that will evaluate existing conditions of the Doolin Creek corridor along each of its in-City segments, identify areas for potential restoration and public access and trail projects, and set forth in methodologies and manners in which that restoration could and should occur. The study of Doolin Creek must include the following components: · Identify areas along the creek as it passes through the City where the natural habitat has been damaged or removed and where it may be feasible to perform restoration work. · Make recommendations concerning the type of restoration work appropriate for identified impact areas. · Show how and why the recommended restoration techniques would not interfere with the existing or future flood water carrying capacity of the creek. Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services Prepare a conceptual public access plan where such access would be appropriate along the creek. · Identify and evaluate the possible federal, state, and local funding sources for implementing recommendations of this study. This study will involve the final preparation of a Concept Plan Report including text, diagrams, photographs, and other components that would present its recommendations, findings, and conclusions. It will be important that the analysis and recommendations recommend a reasonable and feasible approach to the restoration cf the Doolin Creek corridor, take into account flood control issues, and embrace a strategy for providing public access where such access is appropriate and feasible to develop. The City's budget for this effort is extremely limited. As such, this planning process will need to be a compact and well-organized one that will need to take place within a short timeframe. Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services II. Our Approach to the Project... In approaching the Doolin Creek Restoration and Enhancement Plan project, RRM Design Group and Golden Bear Biostudies will work in a focused and seamless way with the community of Ukiah in preparing the work products, analyses, and recommendations associated with this project. For an overall price of $9,500, including expenses, the RRM Design Group team will complete the services outlined below: Task A: Client / Team Kickoff Meeting: This meeting to be attended by RRM and Golden Bear Biostudies is intended not only to execute the contract and proceed with the effort, but to serve as a working session with the City staff. It will involve conducting a field trip along the entire length of Doolin Creek within the City limits of the City of Ukiah. This meeti, ng will also be used to resolve project scheduling issues, communication protocols, and to obtain all necessary information to be evaluated in the context of this effort. Task B: Prepare Project Area Base Map: A base map of Doolin Creek corridor will be prepared in ink on mylar at the largest scale possible to fit on a 30" x 42" mylar sheet. This exhibit will service the basis for all graphic presentations, including vignette sketches and sections. Task C: Data Gathering and Analysis: The RRM team will accumulate and evaluate all available existing data from the City of Ukiah, including topographic survey and aerial photo information, 100 year flooding inundation mapping, mapping of ownership adjacent to the creek, as-builts of existing flood control structures on Doolin Creek, and any planning, design, or environmental studies that have been completed on the corridor. We will also review the creek corridor studies for Ukiah's other creeks Task D: Preparation of Opportunities and Constraints Exhibit: This exhibit will be a graphic overlay to the base map depicting existing conditions along Doolin Creek, areas identified as potentially appropriate for restoration and public access, etc. Task E: Creek Enhancement Design Public Workshop: RRM would facilitate a public workshop to generate design and restoration ideas for Doolin Creek. To involve the facilitation of a design charette, as well as the preparation of a report on the outcome of the meeting. Task F: Prepare Initial Sketch of Concept Plan: An initial sketch of the concept site plan will be prepared in ink on mylar as an overlay to the base map. To include vignette site plan sketches of key sections of Doolin Creek, as well as cross section concepts for suggested improvements and enhancements. Task G: Preparation of the Final Concept Plan: This final plan, including vignette and cross section sketches, will be prepared in ink on mylar as an overlay to the base map and will include a full-color rendition of the Plan on a black line print. Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services Task H: Task I: Preparation of Final Report on Findings and Recommendations: This report will outline the process pursued in preparing the concept plans, report on the public workshop process, present the findings associated with opportunities and constraints, outline a list of recommendations, and conclusions on restoration and enhancement and public access potential, and outline potential sources for federal, state, and local funding to achieve implementation of the recommendations. Client / Team Communication, and Correspondence During the Study: To include up to three (3) meetings with City staff beyond those meetings already identified during the course of this study. Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services III. The RRM Design Group Team... RRM Design Group, a firm known for its expertise in devising successful restoration plans for creeks and waterways throughout the State of California, and its public facilitation experience associated with such efforts will lead this endeavor to address the restoration and enhancement of Doolin Creek. RRM Design Group's Healdsburg office will be responsible for coordinating with the City of Ukiah and overseeing all work products associated with this effort. Indeed, it is RRM Design Group's Healdsburg office that recently completed the successful restoration and urban design plans for Santa Rosa Creek's Prince Memorial Greenway in downtown Santa Rosa, a project that continues to be implemented wi~h RRM Des;,gn Group's involvement. That same office completed the Gobbi Street Riverfront Park concept plan for the City of Ukiah nearly two years ago. RRM Design Group's efforts will be led by T. Keith Gurnee, Principal and owner of the firm and leader of the Healdsburg office, who will also involve Josh Rowland, Landscape Architect, and Demae Tillotson, Landscape Designer and Assistant Planner, on completing the written and graphic products associated with the study. Assisting the RRM team will be Marco Waaland of Golden Bear Biostudies. RRM Design Group has teamed with Mr. Waaland before on Prince Memorial Greenway, and we have found Mr. Waaland's environmental and biological credentials to be impeccable in addressing the unique needs of this study. Resumes on all of these individuals are presented on the following pages. Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services IV. . . . We've Done It Before... RRM Design Group Gobbi Street Riverfront Park, Ukiah, CA RRM Design Group was retained by the City of Ukiah to prepare a Master Plan for a 43-acre park site on the Russian River at the eastern edge of the community of Ukiah. Funded by the California Coastal Conservancy, this effort involved holding a community workshop to ex.,plore different alternative recreation programs for the property, and developing a Master Plan for the site that envisioned active-use play fields, significant restoration of the river corridor, and provision for a kayak put-in facility. The City approved the plan developed by RRM Design Group and subsequently used it to obtain further Coastal Conservancy funding to solve many of the proposed improvements. Contact: Charlie Stump, Planning Director City of Ukiah 707/463-6219 Prince Memorial Greenway Master Plan, Santa Rosa, CA RRM Design Group recently completed this award winning Master Plan for a stretch of Santa Rosa Creek, approximately one-half mile long. The intensive community participation program and design effort resulted in the adoption of a plan which blends restoration goals with the urban restoration and recreational enhancement of the creek corridor. RRM Design Group prepared the design development plans and construction documents for this $8 million project. The first phase was completed in May 2001 and the second phase is due to be completed in late Spring 2002. RRM is now in the process of preparing construction documents for the Third and Final phase of the project that just won the Statewide American Planning Association Award of Excellences for Special Projects. Contact: Mike Sheppard City Planner City of Santa Rosa 707/543-3184 Bob Jones Bikeway Study, San Luis Obispo, CA RRM has been retained by the City of San Luis Obispo to prepare an alignment and design study for a bikeway recreation trail to two primary locations. The Bob Jones Trail will generally follow the San Luis Obispo Creek from Madonna Road overpass to Los Osos Valley Road, ultimately connecting to the existing Avila Beach trail segment. A tributary trail segment will be routed from Laguna Lake along the Prefumo Creek to Calle Joaquin near LOVR. A second separate trail alignment is a part of this study and includes the Railroad Recreational Trail. Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services This study is examining the best routing and design of an RRT from the Amtrak Station to Foothill Blvd. The study coordinates the efforts of Cal Poly, the City of San Luis Obispo, the County of San Luis Obispo and various consultants involved with the hydraulic studies of the Creek. The work product will consist of property lease and acquisition agreements, a preferred route and design, preliminary engineer and cost analysis and environmental clearance. The City intends to move quickly in to construction of a number of specific segments following completion of this work. Contact: Terry Sanville, City of San Luis Obispo i Phone: 805/781-7178 4. Pierson Reach Concept Plan, Santa Rosa, CA The City of Santa Rosa retained RRM Design Group to develop a Creek Enhancement and Public Access Plan for the Pierson Reach portion of Santa Rosa Creek immediately downstream from the Prince Memorial Greenway Project. After preparing and securing City adoption of the Concept Plan, grants were obtained by the City to develop the multi-use paths recommended in the Concept Plan. Constructions Documents have been completed, and the project is expected to start construction in the Spring of 2002. Contact: Mike Sheppard City Planner City of Santa Rosa 707/543-3184 5. Ventura River Estuary Enhancement Plan Preparation of a revegetation and restoration program, plans and specifications for the restoration of a 35-acre site co-managed by the City, California State Parks and Recreation and State Coastal Conservancy. The effort focused on creating public trails / access, removal of exotic vegetation, native plant replacement and educational interpretive exhibits. The project involved a coalition of volunteers who provide the framework for long-term success of the estuary enhancement. RRM was recently presented a "Quality of Life" Award of Excellence and Honor by the American Society of Landscape Architects for the project. The interpretive program, "The River's Edge", depicts historical, geological, and biological information in a walking tour format. Contact: Brenda Buxton California Coastal Conservancy 510/286-1015 Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services Golden Bear Biostudies Provided the ecological conservation and endangered species preservation component for the City of Sebastopol's Laguna Park Master Plan. The plan received a Certificate of Merit from ABAG's San Francisco Bay Trails Project. In association with Hyden Associates (916-689-7404). Provided the ecological component for the Santa Rosa Creek Master Plan, a linear greenbelt/restoration project. The plan received an Honorable Mention from the APA, Cal. Chapter. In association with Ralph Alexander Associates, Mill Valley. Contact Fro~nk Kasimov, City of Santa Rosa (707-524-5486). Provided the ecological component for the Steelhead Beach Regional Park Master Plan, a park being developed on the Russian River. In association with Hyden Associates. Provided ecological component for the Crane Creek Regional Park Master Plan. Provided ecological component for the Foothill Regional Park Master Plan. In association with Singer and Hodges. (mg)c/xp01103\tkg-Proposal Doolin Creek Restoration and Enhancement Concept Plan Proposal for Services V. Resumes RRM DESIGN GROUP T. KEITH GURNEE Principal Project Role: Principal-in-Charge, Project Manager Strengths · Waterfront, Creek, and Greenway Design · Adaptive Reuse Planning · Downtown Revitalization and Design Plans · Complex Political Strategy Management · Land Conservation Strategies · Public Outreach and Consensus Building · Planning and Design for Sensitive Sites · Conservation and Open Space Easements · Preparation and Processing of Specific Plans Project · · · · · · · · · · · · · · Experience Prince Memorial Greenway Restoration Plan, Santa Rosa, CA Venice Beach Oceanfront Walk Refurbishment Plan, Venice Beach, CA Pismo Pier / Waterfront Revitalization Program, Pismo Beach, CA Morro Bay Waterfront Revitalization Project, Morro Bay, CA Port of Los Angeles Consensus Planning Process, Los Angeles, CA Ports O'Call Concept Plan, San Pedro, CA Foot of Avalon Master Plan, Wilmington, CA Suisun City Downtown Revitalization Plan, Suisun City, CA Avila Beach Front Street Enhancement Plan, Avila Beach, CA Harford Pier and Landing Master Plan, Avila Beach, CA Capitola Village Master Plan, Capitola, CA Arroyo Grande Creek Master Plan, Arroyo Grande, CA Diamond Match Specific Plan and Comanche Creek Greenway, Chico, CA Calabasas Creek Improvement Plan, Calabasas, CA Education Califomia Polytechnic State University, San Luis Obispo, Califomia School of Architecture and Environmental Design Bachelor of Science, City and Regional Planning, 1973 Professional Experience RRM Design Group - Principal, Senior Vice Pres. Director of Planning Division: 1983 - Present Kingcorp - Project Planning Director: 1981 - 1983 City of Morro Bay - Community Development Director: 1979 - 1981 Planning and Design Consultant - private clients: 1978 Humboldt County Planning Department - Associate Planner: 1977 - 1978 City of San Luis Obispo - Council Member: 1971 - 1977 Affiliations American Planning Association, Member Urban Land Institute, Member San Luis Obispo City Council, 1971-77 San Luis Obispo Planning Commission, 1989-1991 San Luis ()bispo · ()akdah' . Ih'aldstmrg · I,os An,qch's 376s South t]igucra Street, Suite m2 · San l.uis ()bispo, California 9~4~i · Phmlc: ~(~s/s4~-;794 ' l'ax: S~5/54~-46o9 · www. rrmdcsign.~om ,'1 t ~hto~ ~,* t ~,~ t,,~tz~tt~tt · ~'h tot ,%Io,~t~omcr M. ''~*~ hm'~ t "~ ~ :,,,;,, · 1,'~ ~ y .Xl~ h,*,'t R~ I , ~,~,~, I ~ %:? · J,'[t I ,'tbc~, I ~ RRM DESIGN GROUP JOSHUA ROWLAND Assistant Planner/Landscape Designer Project Role: Landscape Designer Strengths · Waterfront Revitalization and Urban Design · Downtown Revitalization and Design Plans · Streetscape and Traditional Neighborhood Design · Park / Plaza and Village Design · Sports Park and Playground Design · Urban Infill and Adaptive Reuse Planning · Planning and Design for Sensitive Sites Project · · · · · · · · · · · · · · · Experience Driftwood Waterfront Plaza, Sttisun City, CA Prince Memorial Greenway, Santa Rosa, CA Pierson Reach Greenway, Santa Rosa, CA Avila Beach - Front Street Restoration Plan, Avila Beach, CA Venice Beach Boardwalk and Beachfront Park Restoration Plan, Venice, CA Martell Mill Site Reuse Plan, Martell, CA Twelve Bridges Master Plan, Lincoln, CA Cambria Pines Estates, Cambria, CA Dixon Streetscape Plan, Dixon, CA Barney Schwartz Park, Paso Robles, CA Leimert Village Streetscape Enhancement Plan, Los Angeles, CA Julliard Park Playground Retrofit, Santa Rosa, CA Monterey Catellus Waterfront Revitalization, Monterey, CA Port of Los Angeles Revitalization Planning Strategies, San Pedro, CA Arguello Park Master Plan, San Carlos, CA Education University of Arkansas, Fayetteville -- AR. Bachelors Degree in Landscape Architecture Professional Experience RRM Design Group, Assistant Planner/Landscape Designer -- July 1998 to present San l.uis ()l, ispo . ()akdah' . th'ahtsburg · South t ligucra Street, Suite 1o2 * Sill1 l.uis ()bispo, California 9t4()1 · [)hOllt,: 8~)~/q4~-ITt).1 · lax- So~/~4~ 4(n)9 · www. r~mdesign.tom RRM DESIGN GROUP DEMAE K. TILLOTSON Associate Planner Project Role: Graphics / Workshop Assistance Strengths · Site Analysis and Planning · Computer Graphics / AutoCAD Skills · Urban Design · City and Regional Planning · Construction Document Preparation · Document Preparation · Client Coordination Project Experience · Prince Memorial Greenway, Santa Rosa, CA · Cloisters Restoration, Morro Bay, CA · Monterey Catellus Waterfront Revitalization, Monterey, CA · Ventura County Transportation Company, Santa Paula, CA · Port of Los Angeles Waterfront Master Plan, San Pedro, CA · Avila Beach Master Plan, Avila, CA · Venice Beach Master Plan, Venice, CA · Santa Clarita Beautification, Santa Clarita, CA Education California Polytechnic State University, San Luis Obispo, CA Bachelor of Science in Landscape Architecture, 2000 Professional Experience RRM Design Group, San Luis Obispo, CA - 1997 to present San Luis ()bispo . ()akdalc . Ih'aldsburg . 1.~,~ South )tiguera Street, Suite ~;2 · San l.uis ()bispo, ('a]ifornia 9t4~)~ · Phone: 8~5/~,D-~794 · Fax: 8o~/~4t-46~ GOLDEN BEAI~ BIOSTUDIES Ecologica/ Restoration · Wet/and Permitting · I~/t/gat/on Banks. Endangered Species A~$essrnent . Natural Resource P/anning MARCO ERIC WAALAND Principal Ecologist STRENGTHS · Habitat Restoration · Nature Preserve Planning · Natural Area Range Management · Biological Impact Assessment · Wetland Delineations · Permitting and Mitigation Planning · Mitigation Banks · Endangered Species Studies PROJECT ROLE: Project Ecologist RELEVANT PROJECT EXPERIENCE · Laguna Park Master Plan, Sebastopol · Prince Memorial Greenway Plan, Santa Rosa · Santa Rosa Creek Master Plan, Santa Rosa · Place to Play Park, West 3rd St., Santa Rosa · Place to Play Park, SCAPOSD, Santa Rosa · Kelly Farm Demonstration Marsh, Sebastopol · Vernal Pool Ecosystem Preservation Plan, Santa Rosa Plains · Endangered Plant Protection Program, Santa Rosa Plains · Stemple Creek/Estero de San Antonio Watershed Enhancement Plan, Sonoma/Marin Counties · Biological Management Plans, SCAPOSD · Southwest Santa Rosa Vernal Pool Preservation Bank · Gravenstein Way Park, Cotati · Crane Creek Regional Park Master Plan, Sonoma County · Steelhead Beach Regional Park Master Plan, Sonoma County · Foothill Regional Park Master Plan, Windsor · Vernal Pool Habitat Conservation Plan Sacramento County · Marsh Enhancement Plan, City of Marina, Monterey County EDUCATION Utah State University, Logan -- Master of Science, Range Ecology, 1985 Humboldt State University, Arcata -- Bachelor of Science, Natural Resource Planning & Interpretation, 1982 PROFESSIONAL EXPERIENCE Golden Bear Biostudies, Santa Rosa, CA -- 1987 to present Harding-Lawson, Novato, CA- 1986-87 WESCO (RMI), Novato -- 1986 Department of Public Works, Environmental Section, County of Sonoma -- 1985-86 Planning Department, County of Sonoma -- 1984-85 Graduate Assistantship, Utah State University, Logan Utah -- 1983-84 REGISTRATION Certified Ecologist, 1990, Ecological Society of America AFFILIATIONS Society for Ecological Restoration and Management California Native Plant Society AWARDS Certificate of Merit from the San Francisco Bay Trail Project for the Sebastopol-Laguna Master Plan (1995) Honorable Mention from the American Planning Assoc., California Chapter, Northern Section for the Santa Rosa Creek Master Plan (1994) 536 B S'l'l~EEq' · SANq'A ROSA, CA 95401 · PIIONE/FAX: (707) 573-1770 Prov,d¢ Safety and Londscap~ Improvements in Gobbi Street R~gh? of Way Concesi Blackberry ~cce~k~s~ New Security Interpretive Environmental '! ~ "~.. Vicinity ~ap o~~ Scale: / Fire~ / / / ~cin9 Gobbi Street Riverside Park z T j. RRM Design Group recently completed a Master Plan for a stretch of Santa Rosa Creek, approximately one-half mile long. The intensive community participation program and design effort resulted in the adoption of a plan which blends restoration goals with the urban restoration and recreational enhancement of the creek corridor. RRM Design Group prepared design development plans and construction documents for the $8 million project. Contact: Phone: Mike Sheppard, City Planner, City of Santa Rosa 707/543-3184 .Creating Environments People Enjoy RRM DESIGN GROUP www. rrm-design.com EXHIBIT "B" INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with he pedormance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. Al Be Ce MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrenCe" form CG 0001). . Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Eabor Code of the State of California and Employers Liability insurance, if CONSULTANT has employees who will directly or indirectly provide service or support CONSULTANT in his provision of services under the Agreement. MINIMUM LIMITS OF INSURANCE CONSULTANT shall maintain limits no less than: General Liability: $1,0000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City of Dt Ukiah. At the option of the City of Ukiah, either the insured shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: t. General Liability and Automobile Liability Coverages so The City of Ukiah, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. bo The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance of officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Ukiah, its officers, officials, employees or volunteers sl~all be excess of the CONSULTANT'S insurance and shall not contribute with it. C, Any failure to comply with reporting provision so the policies shall not affect coverage provided to the City of Ukiah, its officers, officials, employees or volunteers. d. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the City of Ukiah. 3. Ail coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Ukiah. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Ukiah before work commences. The City of Ukiah reserves the dght to require complete, certified copies of all required insurance policies, at any time. G. SUBCONTRACTS CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. ITEM NO.: 6d DATE: December 19, 2001 A,,,,G,E N D A, .... s u M,,M A R Y R E P O R T SUBJECT: NOTIFICATION TO COUNCIL REGARDING AWARD OF BID TO INNOVATIVE UTILITY PRODUCTS, % PACIFIC UTILITIES SUPPLY CO., FOR THE PURCHASE OF A "FAULT WIZARD", IN THE AMOUNT OF $8,078.50 On November 16, 2001, the Electric Department purchased a "Fault Wizard", a piece of testing equipment for identifying the location of underground primary faults, from the lowest bidder, Innovative Utility Products. Bids received from four vendors are summarized as follows: Vendor Bid Total Innovative Utility Products Wesco Graybar Electric Southwest Power, Inc. $8,078.50 $8,505.00 $8,747.25 $8,790.05 The Electric Department budgeted for this type of purchase in the 2001/2002 fiscal year in account number 800.3646.690.000 (System Betterment). Sufficient funds are available. RECO~NDED ACTION: Receive and file report regarding the award of bid to Innovative Utility Products for purchase of the "Fault Wizard" in the amount $8,078.50. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested b¥: Stan Bartolomei, Electrical Supervisor ~i Prepared by: Paul Ammendolia, Electrical Engineering Technician Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: Candace Horsley, ~C'i't~ Manager ITEM NO: 8a DATE: December 19, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF APPLICATION TO DEMOLISH A STRUCTURE OVER 50 YEARS OLD LOCATED AT 828 CYPRESS AVENUE SUMMARY: The owner of the property located at 828 Cypress Avenue has applied for a Demolition Permit to demolish a single-family residence on the site. The home was built in 1924, is in disrepair, and the owners have indicated that they cannot secure insurance on it. After demolition, the owners plan to construct a new single-family residence on the property. They will also be removing two small accessory structures from the property that are exempt from the formal review process. The single-family residential structure is over 50 years old, and therefore, according to the Ukiah Municipal Code (UMC), the City Council must conduct a public hearing to review and consider the historical and architectural significance of the structure. On December 4, 2001, the City Demolition Permit Review Committee considered the application and Historical Profile prepared by Judy Pruden, and unanimously found that none of the criteria in UMC Section 3016(E) (attachment 4) applied, and therefore the structure is not historically or architecturally significant. Accordingly, Staff is recommending approval of the Demolition Permit. RECOMMENDED ACTION: Approve the Demolition Permit for the structure located at 828 Cypress Avenue based on the finding the structure does not have historical or architectural significance. ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the Demolition Permit, and provide processing direction to staff as to the structure's future disposition. Citizen Advised: Noticed according to the requirements of the Ukiah Municipal Code Requested by: Mickey Pope, Property Owner Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: . 2. 3. 4. 5. 6. Demolition Permit Application Location Map Historical Profile (Pruden) Ukiah Municipal Code Section 3016 Demolition Permit Review Committee Minutes, Dated December 4, 2001 CEQA Exemption APPROVED: Candace Horsley, City M~ager IDC)' /\ /--2- DEMOLITION PERMIT APPLICATION SURVEY (FOR STRUCTURES OVER 50 YEARS OLD) CITY OF UKIAH CODE SECTION 3016 Property Owner: r/V~ ;z_~e.~ ~ gr,_~.,~... ~,.~,¢~,T J Applicant: General. Plan Designation: Property Address: Zoning: [-~ Assessor's Parcel No.: t -- D--'/i - t-7 Age of structure: g "7 ~?~-~ How was age determined? __ Is property located in the City of Ukiah Architectural and Historical Resources Inventory? If yes, 1) Is it one of the 200 individually analyzed properties? · 2) Is it included in a potential Historic District? Which one? 3) is it one of the properties not considered worthy of specific analysis? Describe structure's current condition: ~" Describe purpose of demolition: Describe all salvageable archaic materials and any salvage plans: Can the structure be moved? ~1~'-~ ~/~ ?~l[_Are there plans to move the structure? fit) Describe any moving plans (location, timing, etc.): General comments regarding historic, architectural, or cultural significance of building/property: Describe any unique features of building or property: Recommendation for City Council action: Describe the Demolition Permit Review Committee's actions on the application (page 2). / '" ~ 11/14/01 828 C~ress Avenue Manner and method of demolition. We or a licensed contractor will dismantle the house into small pieces and stack them in dump bins and have them taken to the dump. UKIAH MUNICIPAL GOLF COURSE ANTON STADIUM UKIAH MUNICIPAL GOLF COURSE TODD GROVE NUldiCIPAL PARK POMOLITA SCHOOL LOCATION MAP 828 Cypress Avenue M'E'M'O'R.A.N.D.U.M DATE: TO: FROM: RE: December 3, 2001 Charley Stump, Director of Planning Judy Pruden, Chairman Demolition Permit Review Committee 828 CY. PRESS AVENUE We have received an application for demolition of three structures at 828 Cypress Avenue. The structures are a vacant single-famly residence, a woodshed, and small stucco out building at the rear of the lot. The property is a double lot in the Ukiah north addition, sub- dividied in 1892 from old Todd Ranch. With the arrival in 1889 of the railroad, Ukiah anticipated a building boom which did not occur. Many lots were bought in this area by speculators which did not sell for years. 828 is a small cottage, probably built as a seasonal house in 1924. Many such cottages were built near the City park in the 1920's because of the completion of the Redwood highway (101). The City of Ukiah actively promoted auto tourism and many people from the Bay area spent summers or falls in this area owning or renting this seasonal cottage. The Gallaher family owned the property the longest, from mid 1940's to 1994. The family used the cottage as both a rental and personal home. The property is unique in two ways. First, it is one of the last seasonal cottage's remaining in nearly original condition. Secondly, the heavily wooded lot is one of the best examples of what the original park neighborhood looked like before World War II. However, the house is "cheap" construction; it was not designed to last 100 years or even be a year- round home. The design is so modest as to have little style. The ownership is modest in terms of contributing anything of historical importance to our community. The house does have double routed siding which is usually in demand as salvage material. The lack of maintenance has affected the salvage value of the structures. The landscaping is a significant contributing element to the neighborhood character and extra care should be taken to retain as much landscaping as possible in the redevelopment of the lot. (As part of a wish list) The eventual replacement house would fit well into the area if it reflected the 1890 to 1920's building styles. R:I~PLANNING MSTUMP.2 3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE: mo The section of the Uniform Building Code, relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. Bo The section of the Uniform Building Code, relating to permit issuance, is modified to require that, as to buildings constructed fifty (50) years or more prior to the date of application, the Director of Planning or his/her designee shall determine whether: 1. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection D of this Section, unless the building is subject to demolition under subsection B2 of this Section. 2. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the public health or safety. Co If subsection B 1 or B2 of this Section applies to the building, no further review shall be required under this Section and the permit shall be issued in accordance with the provisions of the Uniform Building Code. Do If the Planning Director finds that neither of the exceptions in subsection B 1 or B2 of this Section applies to the building, the demolition permit shall be subject to further review in accordance with this Section. The Planning Director shall transmit the proposal to the Demolition Permit Review Committee, or other official reviewing body established by the City Council, for review, comment, and a recommendation to the City Council. Once the Demolition Permit Review Committee formulates a recommendation concerning the disposition of the proposed demolition permit, the Planning Director shall schedule and duly notice the matter for a public hearing and decision by the City Council. The public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner: 1. Publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. 2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner. F. O. 3. First class mail notice to all owners (as shown on the latest available Mendocino County Tax Assessor's equalized assessment roll) of property within three hundred feet (300') of the subject property. In reviewing proposed demolition permits, and formulating recommendations to the City Council, the Demolition Permit Review Committee shall consider any information provided during the meeting, and shall use the following criteria. The structure: 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or 2. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or 3. Is strongly identified with persons or events significant in local, State, or national history. If the Demolition Permit Review Committee finds that any of the criteria listed in subsection E of this Section apply to the building proposed for demolition, it shall recommend denial of the demolition permit to the City. 1. The City Council shall conduct a public hearing pursuant to subsection D of this Section to consider the recommendation of the Demolition Permit Review Committee, and to determine if any of the criteria listed in subsection E of this Section apply to the building proposed for demolition. If the City Council determines that any one of the criteria apply, it shall make a corresponding finding to that effect. 2. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and the uses of the property allowed under existing or probable future zoning regulations. The City Council shall consider such evidence offered by the applicant and any other information presented at the meeting by any interested party or by staff, to determine whether or not a viable market exists. "Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable retum" means the average rate of return on real estate investments in the Ukiah Valley. 3. If the City Council determines that a viable market exists: a. It shall so notify the Building Official who shall not issue the demolition permit. The City Council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, it may assume that a viable market exists, if the applicant fails to present substantial evidence that a viable market does not exist; b. Not more than once within any twelve (12) month period, the applicant may submit a new application for a demolition permit and the City Council may reconsider whether a viable market exists: (1) Upon a showing by the applicant that market conditions have changed; or (2) Based upon new information that in the exercise of reasonable diligence the applicant could not have produced at the first hearing. 4. If the City Council determines, based on substantial evidence, that a viable market does not exist, the issuance of the demolition permit shall be stayed for a period of ninety (90) days. a. During that ninety (90) day period, the City shall do the following: (1) Determine whether other alternatives to demolition exist, which are acceptable to the applicant, that would preserve the historic, architectural or cultural significance of the building; (2) Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase on terms acceptable to the applicant; or (3) If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain. b. If within the ninety (90) days, the City does not reach agreement with the applicant or commence acquisition of the building, the Building Official may issue the permit in accordance with the provisions of the Uniform Building Code. c. If within the ninety (90) day period, the City either: 1) reaches agreement with the applicant or 2) commences acquisition of the building, the Building Official shall not issue the demolition permit. d. However, the Building Official shall continue to process the application for a demolition permit in accordance with the Uniform Building Code, if the City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. e. The City Manager or his/her designee shall inform the Building Official whenever the m. City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. f. If the Building Official has issued a demolition permit under this subsection and the permittee applies to extend the permit an additional one hundred eighty (180) days in accordance with the applicable provisions of the Uniform Building Code then in effect, the Building Official shall refer the application to the City Manager for an initial determination as to whether market conditions have changed. The City Manager shall make the determination within ten (10) days after the application is referred by the Building Official. If the City Manager determines that market conditions may have changed and that a viable market may exist for the property, he or she shall schedule the matter for a hearing before the City Council to be noticed and conducted in accordance with subsections D and G of this Section. However, at the hearing the City shall have the burden of proving by a preponderance of the evidence that market conditions have changed and a viable market exists. If the City Manager determines that market conditions have not changed, he or she shall so notify the Building Official and the applicant. Upon such notification, the Building Official shall further process the application to extend the term of the demolition permit in accordance with the requirements of the Uniform Building Code then in effect. If the City Council conducts a hearing upon referral by the City Manager, the City Clerk shall provide written notification to the Building Official and the applicant of the City Council decision. If the City Council decides that a viable market exists, the Building Official shall not issue the permit, but the provisions of subsection G3b of this Section shall apply. If the City Council decides that a viable market does not exist, the Building Official immediately shall proceed to further process the application in accordance with the applicable provisions of the Uniform Building Code then in effect. 5. "Diligently pursue acquisition" means taking all steps within the time required by law to acquire the building by eminent domain. 6. References to "applicant" herein shall include the building owner. The Planning Director shall provide a written notice of the City Council determination to the applicant. The written notification shall be mailed or hand delivered within five (5) days from the date of the City Council's decision. The notice shall include the finding(s) and decision made by the City Council and a copy of this Section. The applicant for a demolition permit for a building determined to have historic, architectural or cultural significance shall salvage the building materials for reuse to the maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition. J. Reconsideration Of Decisions: 1. Grounds For Reconsideration: The City Council may reconsider a decision under this Section within sixty (60) calendar days from the date the decision was made, if information that may have materially affected the decision was: a) misrepresented by the applicant, or b) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the City Council decision. "Information" as used herein means matters of fact or law. A decision may not be reconsidered, if all three (3) of the following have occurred. The demolition permit: a) has been issued, b) did not at the time it was issued violate any provision of the Uniform Building Code, as adopted by the City, or any other City ordinance or State or Federal law, and c) the permittee has commenced demolition in good faith reliance on the permit. 2. Procedure On Reconsideration: Reconsideration of a decision under this Section may be placed on the agenda for a regular City Council meeting by any member of the City Council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agenda shall be provided in accordance with subsection D of this Section. If already issued, the permit shall be suspended from the date that an eligible City Council member requests that the matter be placed on the agenda and until the City Council makes a final decision upon reconsideration. The Building Official shall notify the applicant in writing of the permit suspension. At the meeting, the City Council shall determine, based on evidence provided to the City prior to or during the meeting, whether reconsideration is permitted under subsection J1 of this Section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the City Council makes a different decision, the City Clerk shall provide notice of that decision to the Building Official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the City Council determines that a building has historic, architectural, or cultural significance, and the Building Official has issued a demolition permit based on the previous decision, the Building Official shall revoke the permit. If the previously issued permit has expired, the Building Official shall deny an application for a new permit, unless the permit is issued in accordance with subsection G4 of this Section. (Ord. 838, §1, adopted 1984; Ord. 927, §1, adopted 1992; Ord. 1014, §1, adopted 1998) DEMOLITION PERMIT REVIEW COMMITTEE MEETING December 4, 2001 MEMBERS PRESENT Diana Steele Charley Stump Carl Tuliback Judy Pruden, Chairman Cathy Elawadly, Recording Secretary OTHERS PRESENT None MEMBERS ABSENT The regular meeting of the City of Ukiah Demolition Review was called to order by Chairman Pruden at 10:08 a.m. in the Conference Room 1, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. 3. APPROVAL OF MINUTES: November 7, 2001 Chairman Pruden recommended the following changes to the November 7, 2001 minutes: Page 1, Paragraph 8, Second sentence, reads, "She reported there are three structures for the proposed demolition to include a barn, small guest cottage containing no plumbing, and a duplex," be amended to read, "She reported there are three structures for the proposed demolition, which includes a barn, small guest cottage containing no plumbing, and a duplex." Page 2, Paragraph 1, Third sentence, reads, "The second demonstration request for this parcel was in 1995 for a small home," be amended to read, "The second demolition request for this parcel was in 1995 for a small home." Page 2, Paragraph 1, Last Sentence, reads, "The existing structures requested for demolition are in poor condition and there appears to be no architectural significance and no reason to prohibit demolition," be amended to read, "The existing structures requested for demolition are in poor condition and there appears to be no architectural and historical significance and no reason to prohibit demolition. ON A MOTION by Member Stump, seconded by Member Steele, it was carried by an all AYE voice vote of the member present to approve the November 7, 2001 meeting minutes, as amended. 4. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS No one from the audience came forward. Demolition Permit Review December 4, 2001 5. APPEAL PROCESS Chairman Pruden read the appeal process to the audience. For matters heard at this meeting, the final date for appeal is December 14, 2001. 6. DEMOLITION PERMIT REVIEW AND RECOMMENDATIONS A. 828 Cypress Avenue (Assessor Parcel Number 001-071-'17) Mickey Pope Chairman Pruden advised them was no representation by the applicant. Member Stump reported the applicant was advised of the meeting time and date and the project was appropriately noticed. Chairman Pruden drew attention to her Memorandum, dated December 3, 2001, in the above-referenced project. She reported there are three structures proposed for demolition, which include a vacant single-family residence and/or small cottage, a woodshed, and small stucco out building at the rear of the lot located in the westside Park area. She noted the property is unique in that it is one of the last seasonal cottage's remaining in early original condition and the heavily wooded lot is one of the best examples of what the original park neighborhood looked like before World War II and, therefore, the landscaping is a significant contributing element to the neighborhood character and should be maintained accordingly. She stated landscaping issues are not customarily reviewed during demolition hearings as discussions usually pertain to property history and architecture. She recommended the owner provide care in retaining as much landscaping as possible in the redevelopment of the lot so as to preserve the character and respectfulness of the neighborhood. She further recommended the eventual replacement home architecturally reflect the 1890 to 1920s building styles. A copy of the above-referenced Memorandum will be forwarded to the applicant to provide some history relative to the property. The cottage encompasses very little style and/or design in terms of contributing anything of historical importance to the community. The cottage possesses double routed siding, which can be salvaged. Member Tuliback commented the cottage materials were in relatively good condition. He noted, in his opinion, the building was not constructed with longevity in mind as no significant improvements have been made. Chairman Pruden noted again the home was seasonally utilized and was not built to be lived in year-around. She reported there were durable bungalows constructed for longevity purposes as well as continually improved in the general vicinity. She stated, however, no significant findings could be formulated preventing the structures from being demolished. It was the consensus of the Members present to recommend demolition of the subject structures. Demolition Permit Review December 4, 2001 Page2 Member Tuliback will recommend and/or suggest at the Building Permit phase the owner salvaged as much housing materials as possible and that the plot plans accurately reflect the number of trees to remain on the property. He noted the Planning/Building Department does not have the authority to actually impose the above-referenced recommendations. ON A MOTION by Member Tuliback, seconded by Member Steele, it was carried by an all AYE voice vote of the members present to recommend demolition of the structures located at 828 Cypress Avenue to the City Council, and that the criteria outlined in Section 3126(e) of the Ukiah Municipal Code do not apply to the project, as provided in the Memorandum dated December 3, 2001, and as discussed above. 7. NEW BUSINESS None. 8. ADJOURNMENT There being no further business the meeting adjourned at 10:22 a.m. Judy Pruden, Chairman Cathy Elawadly, Recording Secretary Demolition Permit Review December 4, 2001 TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Mendocino Courthouse Ukiah, CA 95482 FROM: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 PROJECT TITLE: Pope Demolition Permit DESCRIPTION OF PROJECT: The project involves the demolition of a single family residence over 50 years old with no historical or architectural significance. LOCATION OF PROJECT: 828 Cypress Avenue, Ukiah, CA (APN 001-071-17) PUBLIC AGENCY APPROVING PROJECT: City of Ukiah NAME OF PROJECT APPLICANT: Mickey Pope. Owner CEQA EXEMPTION STATUS: 'U Ministerial '/ Declared Emergency · '._.~ Categorical Exemption Section 15301, Class 1(I) '..J Statutory Exemption Section REASONS WHY PROJECT IS EXEMPT: The structure possess no historical or architectural significance, and otherwise complies with the CEQA exemption criteria in terms of number and location of demolitions. LEAD AGENCY CONTACT PERSON: ~StumD TITLE:~~/~g D~'~ctorJEnvironmen;~oordinator DA TE: / ITEM NO. 9a DATE: DECEMBER 19, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF HOME DOWNPAYMENT ASSISTANCE PROGRAM POLICIES AND PROCEDURES INCLUDING AN INCREASE IN MAXIMUM LOAN LIMITS In 2000 the City of Ukiah was awarded a $375,000 HOME grant for a local First Time Home Buyer Program. In July of this year we were awarded a $206,500 CalHome Program grant for a Downpayment Assistance Program. Both of these programs are administered by the Community Development Commission of Mendocino County (CDC) and are combined for a First Time Home Buyer Downpayment Assistance Program. In November 2000 the City Council approved modifications to the original program increasing the loan limit from $30,000 to $50,000 to provide greater opportunities for potential purchasers in the tight housing market found within the city limits. CDC is requesting another loan limit increase and approval of the Downpayment Assistance Program Policies and Procedures. The housing market continues to be extremely tight, with the few purchase opportunities being consistently higher in cost than the affordability range for "lower- income" families or individuals (equal to or less than 80 percent of the County median income). To date only two families have been able to qualify for the program within the city limits. (Continued on page 2) RECOMMENDED ACTION:Approve Downpayment Assistance Program Policies And Procedures, Including Increase Of Loan Limit From $50,000 To $70,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine Polices and Procedures are to be modified, identify changes, and approve revised document. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Community Development Commission of Mendoci..no,,,Cour~ I Michael F. Harris, Risk ManagedBudget Officer~o,.,,..~,, Candace Horsley, City Manager ~ ' 1. Program information from CDC, pages 1-4; 2. City of Ukiah Policies and Procedures Downpayment Assistance Program, pages 5-59. Canda~e'~orsiey, %ty Manager APPROVAL OF HOME DOWNPAYMENT ASSISTANCE PROGRAM POLICIES AND PROCEDURES INCLUDING AN INCRASE IN MAXIMUM LOAN LIMITS December 19, 2001 Page 2 With the infusion of CalHome funding, CDC is proposing to raise the downpayment loan limit for single family residential purchases from $50,000 to $70,000. This greater downpayment reduces the mortgage amount thus allowing a lower qualifying income by the purchaser. Payment of the downpayment loan is deferred for 30 years or is due upon sale of the residence. Thus the homeowner manages only one loan at a time, which is based upon ability to pay. This significantly increases the number of potential participants in the program and the number of for sale units which can be considered by the "lower- income" group. The combined total of the first mortgage and the downpayment loan may not exceed the market value of the property, thereby retaining a positive debt/value ratio for the entire term of the loan. The Downpayment Assistance Program Poficies and Procedures are based upon both the Federal and State HOME program manuals and thus address the requirements as specified by the funding sources. These changes do not require additional local match from the City. Staff believes this use of the CalHome funds is very appropriate and enhances this joint effort to help first time homebuyers with downpayment financial assistance. Approval of the Polices and Procedures, including the $20,000 increase in the loan limit is recommended. mfh:asrcc01 1219HOME Affect on Milestones for City of Ukiah due to Proposed Downpayment Assistance Program Change Current Milestone: 13 units based on $375,250 in available funds. This works out to an expected average loan of $28,865. Have so far made three loans with an average of $30,000. However, have not been able to make a loan for the past eleven months. Projected number of units to be assisted will not decrease in raising the maximum loan limit from $50,000 to $70,000. Reason for this is that maximum loan limit of $50,000 was established when there was one funding source, the HOME Program. Since then, the City of Ukiah has applied for and received $200,000 for making first-time homebuyer downpayment assistance loans from the CalHome Program. This program has a requirement of an overall loan average of $20,000. Thus, could raise the maximum loan limit while not affecting current milestone projections by utilizing up to $50,000 from the HOME Program and $20,000 from the CalHome Program. In considering this change, the current housing situation needs to be addressed in some more detail in relation to this program. This program is means, or income, based. Thus a household has to be below 80% of the median income for Mendocino County. The current numbers are as follows: Number in 1 2 3 4 5 6 7 8+ Household Income $22,800 $26,050 $29,300 $32,550 $35,150 $37,750 $40,350 $43,000 Limit As an estimate, a conventional lender will loan 3 times a household's yearly income. Using the numbers from above, this gives the following amounts that a household may be eligible for from a mortgage lender: Number in 1 2 3 4 5 6 7 8+ Household Estimated $68,400 $78,150 $87,900 $97,650 $105,450 $113,250 121,050 129,000 Mortgage Amount These mortgage estimates do not take into account any credit problems or the debt that is likely to be incurred with more people in the household. Any credit problems would reduce the estimated amount a lender would lend. But using these as estimates and then adding the current limit of $50,000 in downpayment assistance provides the following amounts qualified potential homebuyers would have to purchase a home in the City of Ukiah: Number in 1 2 3 4 5 6 7 8+ Household Estimated $118,400 $128,150 $137,500 $147,650 $155,450 $163,250 $171,050 $179,000 Amount Available to Purchase a Home To help address the rapidly rising prices of housing in the City of Ukiah and the County of Mendocino as a whole, the Community Development Commission of Mendocino County conducted a housing price survey and with this information was able to have the FHA loan limits raised to $175,750 for all of Mendocino County at the end of September of 2001. The FHA loan limit is also by program guidelines the maximum purchase price for homes bought utilizing the downpayment assistance program. Attached is what is currently listed (12/7/01) in the City of Ukiah for single-family homes. This illustrates the difficulty for people in finding a house giving the total amount of assistance for which they are eligible. Adding $20,000 to the maximum loan amount under the downpayment assistance program would make them able to find housing they could purchase in the City of Ukiah while not affecting the projected milestones for the funding sources. REALTOR.com: Find a Home - Search Results Page 1 of 3 of homos for sa~,'~ B lhe 3flicial Sit~ o1' the NATIONAL ASSOb' IATION OF REALTC:~:S ~ find a home J Click now to get 10% off Furniture Purchase! hbo~oodSJinsurance[rno,¢lng[improvementJdecoratlngI laen garden [&~lbctr°nicsl/ ~? ~/ find a lender I find a neighborhood I for REALTORS~ Home > Find a Home > California > BAREIS > Property Types/Nearby Areas > Search Criteria > Search Results SearchResults We found 6 homes that meet your Search Criteria. < Back to Search Criteria < Previous I of 1 Next > L~ Save this Search ... Access Saved Items 1 $139,000 No photo available See Listing Details 100% Match 2926 Mill Creek Road UKIAH, CA 95482 Beds: 2 Baths: 1 Sq. Ft.: 910 MLS #20117483 Grocery Toys Babies & Children See on a Map Save This Listing .. This single stow, single level detached home has 2 bedroom(s), 1 full bath(s) and is approximately 910 sq. ft. Rooms include a laundry room. Other features include fireplace(s). This home has a 1 car garage. The lot is partially fenced. GARBOCCI VAN HOUSEN REALTY Office: (707) 462-5005 Sponsor Offers Want a FREE copy of your credit report? Debt consolidation ...even if your credit isn't perfect. 2 $139,900 No photo avaiiab[e See on a Map Save This Listing 3 $156,500 No photo available See Listing Details 100% Match 161 Ellis UKIAH, CA 95485 Beds: 3 Baths: 1 Sq. Ft.: 1000 MLS #20108344 This single stow, single level detached home built in 1960 has 3 bedroom(s), 1 full bath(s) and is approximately 1000 sq. ft. Rooms include a kitchen/dining room. Other features include fireplace(s). The lot is located on a cul-de-sac, fenced, partially fenced. SANHEDRIN CO Office: (707) 743-1184 See Listing Details 100% Match 122 Clara Avenue UKIAH, CA 95482 Beds: 2 Baths: 1.5 MLS #20107287 presented by: Betty Bullard ~O Visit My Website How much are homes selling for ~n your neighborhood? Research Comparable Sales Check the price history of your home Find out what other homes sold for on your street Suggestion Box Send us comments about our site. Get answers to Frequently Asked Questions here. See on a Map Save This Listing This single stow, single level detached, vintage home has 2 bedroom(s), I full bath(s), 1 half bath(s). This home has 5 rooms. Rooms include a living/dining room combination, office, laundry room. COLDWELL BANKER MENDO REALTY Office: (707) 462-5400 4 $169,000 See Listing Details http ://www.realtor.com/FindHome/HomeListings. asp?mlsttl=BAREIS & frm=bycomm&pgnum= 1 &mls=b... 12/7/2001 REALTOR.com: Find a Home - Search Results Page 2 of 3 No photo avai!ab[e 100% Match 234 GARRETT DRIVE UKIAH, CA 95482 Beds: 3 Baths: 1 Sq. Ft.: 1000 MLS #20115300 presented by: MARGARET NORTH (707) 467-3624 0 Visit My Website .~ Email this REALTOR® Chat with REALTOR® See on a Map Save This Listing This single story, single level detached, traditional home built in 1955 has 3 bedroom(s), 1 full bath(s) and is approximately 1000 sq. ft. Rooms include a kitchen/dining room. Other features include hardwood floors, ceiling fan(s). This home has a 1 car garage. Recreation amenities include swimming pool. The lot is fenced. REALTY WORLD-Seizer Realty Office: (707) 462-6514 OVisit this Office's Website ~ Email Office $175,000 See Listing Details 100% Match UKIAH, CA 95482 Beds: 3 Baths: 2 MLS #20001174 Save This Listing This single story detached home has 3 bedroom(s), 2 full bath(s). The property is located on 2.20 acre(s). CENTURY 21 LES RYAN REALTY Office: (707)468-0423 ~ Visit this Office's Website ..~ Email Office 6 $175,000 No photo available See Listing Details 100% Match 242 Irvington Drive UKIAH, CA 95482 Beds: 3 Baths: 1 Sq. Ft.: 990 MLS #20117760 See on a Map Save This Listing This single story, single level detached home built in 1950 has 3 bedroom(s), I full bath(s) and is approximately 990 sq. ft. This home has 5 rooms. This home has a 1 car garage, patio. The lot is fenced. CENTURY 21 LES RYAN REALTY Office: (707)468-0423 ~Visit this Office's Website ~ Email Office < Back to Search Criteria < Previous I of 1 Next > Access Saved Items homes · apartments · neighborhoods · finance & insurance · moving · home improvement · decorating · safety & security · lawn & garden appliances & electronics · kitchens & recipes · car & garage · shopping · home services · senior housing & care find a home · find a lender · find a neighborhood · for REALTORS® All About Homestore.com · Corporate News & Info · Help · Hiring Contact Us · Advertise With Us · Business Development · Help Using this site means you agree to our Terms of Use and Privacy Policy. ._ q _ © 1995-2001 NATIONAL ASSOCIATION OF REALTORS® and Homestore.com Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at http ://www.realtor.com/FindHome/HomeListings.asp?mlsttl=BAREIS&frm=bycomm&pgnum= 1 &mls=b... 12/7/2001 CITY OF UKIAH POLICIES AND PROCEDURES DOWNPAYMENT ASSISTANCE PROGRAM CITY OF UKIAH POLICIES AND PROCEDURES DOWNPAYMENT ASSISTANCE PROGRAM I. THE PROGRAM ............................................................ 4 Limits ................................................................. 4 Resale-Assumptions ...................................................... 5 Special Circumstances .................................................... 5 II. ELIGIBILITY .............................................................. 6 Conflict of Interest ....................................................... 6 Income ................................................................ 7 Income Inclusions ................................................. 7 Income Exclusions ................................................. 8 Tenants ......................................................... 10 Lease Options .................................................... 10 III. PROPERTY ............................................................. 10 Location .............................................................. 10 Occupancy ............................................................. 11 Title .................................................................. 11 Condition ............................................................. 11 IV. TYPES OF FINANCING ................................................... 11 Maximum Loan Amount ................................................. 11 Deferred Payment Loans ................................................. 11 Below Market Interest Rate Loans .......................................... 11 Determining Eligibility .................................................. 11 Determining Loan Amounts ............................................... 12 V. LOAN DOCUMENTS ...................................................... 12 Closing .............................................................. 12 Security .............................................................. 12 VI. OCCUPANCY REQUIREMENTS/TRANSFER OF TITLE ........................ 13 Owner Occupied ........................................................ 13 VII. HOUSING COUNSELING ................................................. 13 Home ................................................................ 13 Individual Development Accounts .......................................... 14 Policy & Procedure Rev 11/1/01 Page 2 VIII. APPLICANT SELECTION AND LOAN CLOSING ............................. 14 Loan Committee .................................................. 14 Purpose ......................................................... 14 Composition ..................................................... 14 Meetings ........................................................ 14 Action .......................................................... 15 Application Selection .................................................... 15 Loan Approval ........................................................ 16 Loan Closing .......................................................... 16 Appeals .............................................................. 16 IX. INSURANCE ............................................................ 17 Hazard Insurance ........................................................ 17 Flood Insurance ........................................................ 17 X. DELINQUENCIES DEFAULTS AND FORECLOSURES ......................... 17 Policy ................................................................ 17 XI. AFTER PURCHASE PROPERTY MAINTENANCE ............................ 18 Policy ................................................................ 18 Procedure ............................................................. 19 XII. REUSE PLAN .......................................................... 20 XIII. AMENDMENTS ........................................................ 20 XIV. RELOCATION POLICY .................................................. 20 ATTACHMENT A ......................................................... A-1 Loan Documents ..................................................... A-2 ATTACHMENT B .......................................................... B-1 Reuse Plans .......................................................... B-2 ATTACHMENT C .......................................................... C-1 Income Limits ........................................................ C-2 Policy-Procedure HOME Rev. 11/1/01 Page 3 I. THE PROGRAM The City of Ukiah Down Payment Assistance Program (DAP) will make below market interest rate deferred loans to qualifying low-income first-time home buyers to purchase homes in the incorporated area of the City of Ukiah. Participants must qualify by not having owned a home in the last three years, must qualify under low-income guidelines and occupy the unit as their principal residence. The DAP loans may include closing costs, unless not eligible under the requirements of the original funding source. The buyers will be required to make a minimum contribution of four percent (4%) of the sales price for the City of Ukiah program. At least half of the buyer's share must be from their own funds, the remaining half may come from gift funds. Applicants will be required to attend Housing Counseling given by The Community Development Commission of Mendocino County (CDC). The City of Ukiah will impose certain requirements on each assisted purchase: . At transfer of title to the first-time home buyer, the home must pass Section 8 Housing Quality Standards as determined by a staff inspector. A Community Development Housing Inspector will perform the inspection. This requirement will be part of the purchase offer. . The DAP loan(s) will be recorded on the purchased property directly behind the primary purchase financing. . Repayment of the loan(s) will be required upon sale (except for approved assumptions, see below), transfer of title (except for approved transfers, see below), if the property is no longer the primary residence or after 30 years. The principal plus three percent annual interest will be repaid. 4. A document restricting resale and ensuring affordability for 15 years will be recorded. o For properties purchased, CHFA financing should be used whenever possible to meet matching funds requirement(s) of original funding source(s). 6. DAP loans can not be used for refinancing of existing loans. LIMITS: In an attempt to address the needs of a variety of low-income persons, some limits are designed into the program. Maximum purchase price will be limited to FHA limits. DAP loans will have a maximum total limit of $70,000 and the total loan(s) amount from the DAP program must be less than the financing from the primary lender. The true limiting factors will be income status, Policy-Procedure HOME Rev. 1 l/1/01 Page 4 household debt/income ratio, overall debt/income ratio and the size of a first mortgage that an applicant may obtain. Individual funding source limits are as follows: CalHome $30,000/unit; however, must maintain maximum $20,000/unit average during contract HOME $50,000/unit The income limits for the program will be those published by HUD for Mendocino County. Specifically, the limits are 80% of median income adjusted for family size. Assistance will be limited to those families qualifying as "lower-income." RESALE-ASSUMPTIONS: A recorded document will contain provisions restricting resale. For a 15-year period, these conditions will apply: mo Any purchaser of the property must be a qualifying low-income household that will reside in the property. Bo The sale price must permit the low-income purchaser to maintain affordability (mortgage, taxes and insurance should be no more than 35% for income eligible applicants). C. There must be a fair return on investment to the seller. When these terms are met, DAP loan(s) may be assumable. The new purchaser must execute an assumption agreement confirming agreement with the terms of the DAP loan. If these terms are not met, the DAP loan funds will be recaptured to the local DAP account(s). The homeowner may recover the initial investment. However, assumptions are not allowed if not eligible under the funding source of the loan(s). CalHome loans are not assumable under any circumstances. Proceeds from sales will be recycled into eligible activities with the same regulations and procedures of the original funding source. See Attachment B for Reuse Plans. SPECIAL CIRCUMSTANCES: A. Flood plain: Units in the 100-year flood plain will not be eligible. g. Lead Paint: Lead-base paint requirements for properties constructed prior to 1978 will be addressed prior to purchase. These requirements include: requirement that lead-base paint notification be given to purchasers. Please contact the CDC office Policy-Procedure HOME Rev. 11/1/01 Page 5 for the most current information regarding Lead Based Paint and home purchases. Co Notice to Sellers: It will be a requirement that an acquisition notice containing the items below be provided to seller prior to making the purchase offer: the purchaser has no power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement; an estimate of the fair market value of the property; if an acquisition notice will not be provided prior to the purchase offer, a provision that the seller may withdraw from the agreement after this information is provided. D. Tenant-Occupied Properties: Tenant occupied properties will not be eligible, unless the tenant is the first-time homebuyer making the purchase. An exemption to this is possible if the landlord and tenant have a "rent until the property is sold" agreement and the tenant signs a statement that they were renting with this understanding, they understand their relocation rights and waive these rights. II ELIGIBILITY CONFLICT OF INTEREST: No member of the City Council of the City of Ukiah and no other official, employee, or agent of City of Ukiah government, and the Community Development Commission of Mendocino County, who exercises policy, decision-making functions, or responsibilities in connection with the planning and implementation of the program shall directly or indirectly be eligible for this program, unless the application for assistance has been reviewed and approved according to applicable California Department of Housing and Community Development (HCD) guidelines. This ineligibility shall continue for one year after an individual's relationship with City of Ukiah or Community Development Commission of Mendocino County government ends. FIRST-TIME HOMEBUYER: "First-time homebuyer" means an individual or individuals or an individual and his or her spouse who have not owned a home during the three-year period before the purchase of a home with HOME assistance, except that the following individual or individuals may not be excluded from consideration as a first-time homebuyer under the definition: o a displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve-month period and who has been unemployed or Policy-Procedure HOME Rev. 11/1/01 Page 6 , o underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without renumeration to care for his or her home and family; a single parent who, while married, owned a hoe with his or her spouse or resided in a home owned by a spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody or is pregnant; and an individual or individuals who owns or owned, as a principal residence during the three-year period before the purchase of a home with HOME assistance, a dwelling unit whose structure is: ao bo not permanently affixed to a permanent foundation in accordance with local or state regulations; or not in compliance with state, local, or model building codes and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure. INCOME: To receive First time HOME BUYER assistance, households must have incomes at or below 80% of the Mendocino County Median Income adjusted for household size, as reported by the United States Department of Housing and Urban Development. The income limits for Mendocino County are included in Attachment C. Family members as determined under our program guidelines exclude: 1. Foster Children 2. Live-in aides and children of Live-in aids 3. Unborn children 4. Children being pursued for legal custody or adoption who are not currently living with the household. 5. A child who is subject to a shared-custody agreement in which the child resides with the household less than 50% of the time. Calculation of Income. Income is defined as monetary benefits from any source whatsoever, before deductions or exemptions, anticipated to be received during the twelve months following application for a grant. If all or part of income is derived from irregular employment or includes Policy-Procedure HOME Rev. 11/1/01 Page 7 earnings from occasional overtime work, such income received during the preceding twelve months will be used as a basis to anticipate income for the succeeding twelve months. The income of the applicant includes the income of the head of household and any other person or persons who are on title and permanently reside in the same dwelling unit. The household's income includes; Income INCLUSIONS: Income is determined at the time of initial occupancy of property or at the time the DAP funds are invested, which ever is the latter. Income is projected for the next 12 months. "Income" under the DAP program for Mendocino County, Include: a. Gross Annual Income to determine eligibility. b. Income from all adult household members. c. All wages, salaries, commissions, tips etc. (Before any payroll deductions) d. Net income from businesses. e. Interest, dividends & other net income of any kind from real or personal property. f. Any withdrawal of cash or assets from an investment over $5,000. g. All gross periodic payments from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including lump-sum payments for the delayed start of a periodic payment (except Social Security) h. Payments in lieu of earnings, such as unemployment, worker's compensation and severance pay. Welfare Assistance. Alimony & Child Support payments. Other regular contributions or gifts received from a person not residing in home. All regular pay, special pay, and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Family, spouse, or other person whose dependents are residing in the unit. m. All income received from any source io Adjusted income is derived from HUD or U.S. Census. Income EXCLUSIONS: a. Income from employment of children (including foster children) under the age of 18 years. b. Payments received for the care of Foster Children. c. Lump-sum additions to Family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), Page 8 do eo g° ho ko capital gains and settlement for personal or property losses. Amounts received by the Family that are specifically for, or in reimbursement of, the cost of Medical Expenses for any Family member. Income of a live-in aide. Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the Government to a veteran, for the use of the costs of tuition, fees, books, equipment, materials, supplies, transportation, and miscellaneous personal expenses of the student. Any amounts of such scholarships or payments to a veteran not used for the above purposes that is available for subsistence are to be included in income. The special pay to a Family member serving in the Armed Forces who is exposed to hostile fire. Amounts received under training programs funded by HUD. Amounts received by a Disabled person that are disregarded for a limited time for Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS). Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) And that are made solely to allow participation in a specific program. Temporary, nonrecurring, or sporadic income (including gifts) Reparation payments from foreign governments in connection with the Holocaust. Lump sum payments of SSI and Social Security benefits. Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the 1937 ACT, including; The Value of the allotment provided to an eligible household under to Food Stamp Act of 1977 Payments to volunteers under the Domestic Volunteer Service Act of 1973 (employment through VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offenders incarceration alternatives, and senior companions.) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626 (a) Income derived from certain sub-marginal land of the U.S. that is held in trust for certain Indian Tribes (25 U.S.C. 259e) Payments or allowance made under the Department of Health and Human Services Low-Income Home Energy Assistance Program (42 U.S.C. 8624(0 Payments received under programs funded in whole or in part under the Job Training Partnership Act. Income derived from the disposition of funds of the Grand River Band of Ottawa Indians. The first $2,000, of per capita shares received from judgment of funds awarded by Page 9 the Indian Claims Commission, or the Court of Claims (25 U.S.C. 1407-1408), or from funds held in trust for an Indian Tribe by the Secretary of Interior (25 U.S.C. 117) Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal work-study program or under the Bureau of Indian Affairs student-assistance programs.(20 U.S.C. 1087 uu) Payments received from programs funded under Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 (f) Any earned income tax Credit. Payments received after January 1, 1989, from the Agent Orange Settlement Fund or any other funds established pursuant to the settlement in the In Re: Agent Orange product liability litigation, MDL No. 381 (E.D.N.Y) The value of any child care provided or arrange (or any amount received as payment for such are or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 USC 9858q) Payments received under the Maine Indian Claims Settlement Act of 1980. TENANTS: Tenants may purchase the home through the DAP program, if all other qualifications apply. (Location, condition of property and income) LEASE OPTIONS: Under certain circumstances lease option purchases may be allowable under the DAP program. The contract must be entered into within the time frame allowed in the grant, and must close within the allowable time frames. III. PROPERTY: To be eligible for program financing, properties must comply with the following criteria: 1. Location Units to be purchased with DAP funds must be located in the incorporated area of the City of Ukiah, excluding portions subject to flooding. The City of Ukiah Page 10 reserves the option of completing the "eight step" process for areas subject to flooding, converting to exempt status, and including these areas at the discretion of the Community Development Manager. 2. Occupancy 3. Title This program is for first time home-buyers. (Have not owned a home in three or more years) This is for a principal residence, owner occupied. Property owners shall hold land in fee title. 4. Condition To qualify the home must meet local building codes. IV. TYPES OF FINANCING AND TERMS Maximum Loan Amount Maximum total assistance with DAP funds is $70,000. Total indebtedness against property will not exceed 100% for the entire term of the loan(s). Deferred Payment Loans (DPLs) A DPL is a loan secured by a deed of trust with no payback required until the borrower sells or transfers title or discontinues residence in the dwelling during the affordability period. When specific circumstances occur, the DPL becomes immediately due and payable. Payments may be made voluntarily on a DPL. Below Market Interest Rate (BMIR) Loans DPL loans secured by a deed of trust will bear a fixed simple interest rate of Three per cent (3%) per annum on the unpaid principal balance. The term of all loans will be for 30 years unless a longer period is deemed necessary to protect the integrity of the loan. There will be no prepayment penalty. Determining Eligibility Applicants must have incomes below 80% of the median income for Mendocino County Page 11 adjusted for family size. Affordability is based upon applicant qualifying for a first mortgage payment of no more than 35% of gross income applied to housing costs (this may be reviewed and adjusted on a case by case basis). Housing costs include mortgage payments on the subject property, real estate taxes and insurance (PITI). Determining Loan Amounts DAP loan amount(s) should be decided on the criteria of minimum amount necessary to make the home buying possible. This ensures the maximum number of eligible homebuyers may be assisted through the program. Besides this, the program will have a standard household debt/income ratio maximum of 35% for primary financing (This may be reviewed on a case to case basis; however, the absolute maximum is not to exceed 40%). The overall debt to income ratio is not to exceed 50% (This may be reviewed on a case to case basis). V. LOAN DOCUMENTS Examples of all loan documents are to be found in Attachment A. CLOSING COSTS Closing costs incurred during the processing of a loan application will normally be paid by the applicant out of loan proceeds. These costs which may vary among applications, may include: credit report fee(s), appraisal fee, title insurance fee, escrow fee, pest control report fees, and recording fees and other miscellaneous fees. These may be part of the DAP loan, if allowed under the guidelines of the original funding source. However, it is preferred that closing costs be paid from the buyer's contribution to the purchase. SECURITY Property to be purchased shall act as security for the loan(s). All loans shall be secured by a Promissory Note and Deed of Trust which shall be recorded. The DAP loan(s) will serve in a junior lien position(s). Lien position of the loan(s) from DAP will depend on the position requirements of the particular funding source. CalHome loans must always be in second position. Page 12 VI. OCCUPANCY REQUIREMENTS/TRANSFER OF TITLE A. Owner-Occupants 1. In the event that an owner-occupant sells, transfers title, or discontinues residence in the rehabilitated property for any reason, the loan is due and payable. If, however, the owner-occupant who qualifies for DAP financing dies, and if the heir to the property lives in the house and is income-eligible, the heir may be permitted, upon approval of the CDC to assume the loan at the rate and terms he or she qualifies for under current participation guidelines. bo If the owner-occupant who qualifies for DAP financing dies and the heir is not income-eligible, the loan is due and payable. If the owner-occupant who qualifies for DAP financing dies and the heir is not income-eligible, but he or she chooses to rent the unit to low-income families and agrees to comply with owner-investor restrictions, the heir may be permitted, upon approval of the CDC to assume the loan at the same rate and terms offered investors under current program guidelines. If the heir does not comply with investor restrictions, the loan is due and payable. d. A transfer where the spouse becomes an owner of the property. A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or A transfer into an inter vivos trust in which the homebuyer is and will remain the beneficiary and occupant of the property. 2. If an owner wants to convert the property to any commercial or non-residential use, the loan is due and payable. VII. HOUSING COUNSELING 1. Home buyer Education Learning Program (HELP) Page 13 CDC will provide housing counseling seminars. The program is a HUD approved seminar consisting of 5 modules: mo B. C. D. E. Budgeting for your home purchase Shopping for your home Shopping for your lender Now you are ready to close How to care for your home after closing 2. Individual Development Accounts For qualified individuals and families who successfully complete may be eligible for up to $10,000 in matching funds. Please contact the CDC office for details. VIII. APPLICANT SELECTION AND LOAN CLOSING A. Loan Committee . Purpose The function of the Loan Committee will be to review and act on applications recommended by program staff for financing. The Committee shall review applications based on: eligibility, compliance with all program requirements, consistency of staff recommendations regarding loan terms and type(s) of assistance to be provided. 2. Composition The Committee will consist of one member of the Community Development Commission or person designated by the Commission, one person designated by the Community Development Commission Board, and the Executive Director of the Community Development Commission of Mendocino County. 3. Meetings The Loan Committee shall meet periodically to review and act on applications. A quorum shall exist and all minutes shall be recorded. A quorum is a simple majority of the full committee. Page 14 4. Action Action of the Loan Committee shall be by majority vote. Be Application Processing Staff shall gather any necessary financial information to determine applicant eligibility and repayment ability. An application consists of: An application form containing financial and household information regarding the potential home-owners. . A form containing necessary income and household information. All applicants over the age of 18 years of age will have their income verified by use of one or more of the following forms. ao Request for Verification of Employment Verification of Public Assistance Three years Income tax information (1040s, etc.) Benefit letters for sources of public assistance or pensions . . Credit evaluations and income, employment and mortgage verifications as obtained by staff. Preliminary Title Report and Appraisal of current market value will be required. Ce Application Selection A Loan Committee Report (LCR) will be prepared for all loan applications determined by staff to be eligible for DAP loan(s). The LCR and the application will be brought before the Loan Committee for approval. General lending criteria that will be used to assist in evaluating the applications of eligible applicants for financial assistance will include: . The ability and willingness of an applicant to repay the primary loan. The housing debt/income ratio not to exceed 33% except on a case by case basis. All existing liabilities and new housing payment ratios are not to exceed 41%, except on a case by case basis. Page4-0' . All recommendations for loans shall be developed by the Housing Loan Specialist and submitted to the Loan Committee. The Housing Loan Specialist's recommendations shall be submitted in written form and shall propose the terms of the loan, interest rate, special conditions, and whether the loan should be approved or denied. All applications shall be submitted for consideration regardless of whether the recommendation is for approval or denial. Loan Approval All DAP Loans must be approved by the Loan Committee. In order to obtain DAP financing, applicants must meet all property and income eligibility guidelines and attend Housing Counseling Programs in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be provided to the applicants in writing. An appropriate funding cut off point established for each review period will determine the number of applications that may be approved for funding at that particular time. Ee Loan Closing The Housing Loan Specialist or Staff will provide the execution of all necessary loan documents to submit to the Title Company. Fe Appeals Objections by any applicant as to policy, procedures, method of operation or decisions by the Program CDC staff or Loan Committee will be referred to the Executive Director. The Executive Director will schedule a hearing for the applicant and establish hearing procedures. Decisions of the Loan Committee will be based upon its interpretation of the Program Policies and Administrative Procedures. Page 16 IX. INSURANCE A. Hazard Insurance The borrower shall maintain hazard insurance on the property for the duration of the loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the City of Ukiah as Loss Payee for the amount of the loan(s). Proof of insurance shall be provided to the Community Development Commission of Mendocino County. B. Flood Insurance Properties in Flood Prone areas are not eligible for DAP financing. In the event the property is designated a "flood prone" area after purchase, owners agree to purchase flood insurance. This policy must designate the City of Ukiah as Loss Payee. X. DELINQUENCIES, DEFAULTS AND FORECLOSURES A. Policy DAP loans are deferred payment loans. Payments may be made on a voluntary basis, but are not required unless the applicant defaults on the terms of the loan. In those incidences The Community Development Commission of Mendocino County acknowledges that circumstances beyond a borrower's control may temporarily limit his/her ability to meet loan terms. CDC desires to be flexible enough so that in cases of: death of a family member, loss ofjob, divorce and major illness loan terms may be modified. While the Community Development Commission of Mendocino County, in this policy, outlines a system that can accommodate crises that restrict borrowers' ability to meet loan terms, it should in no way be misunderstood. Loan terms must be fulfilled. The Community Development Commission of Mendocino County will pursue all legal means to ensure fulfillment of loan terms. City as a Junior Lienholder It is the City's policy to prepare and record a "Request for Notice" on all junior leins (any lien after the first position) placed on properties financed by a loan or loans through the 1999 HOME program. Page 17 This document requires any senior lienholder to notify the lender (City) of initiation (recordation of a "Notice of Default") of a foreclosure only. This is to alert the junior lienholder that they are to monitor the foreclosure with the senior lienholder. The junior lienholder may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount must be obtained by contacting the senior lienholder. This amount will include all delinquent payments, late charges, advances (fire insurance premiums, property taxes, property protection costs, etc.) And foreclosure costs (fees for legal counsel, recording, certified mail, etc.) Once the City has the information on the reinstatement amount, staff must then determine if it is cost effective to protect their position by reinstating the senior lienholder, keeping them current by submitting a monthly payment thereafter, foreclosing on the property possibly resulting in owning the property at the end of foreclosure, protecting the property against vandalism, and paying marketing cost (readying the home for marketing, paying for yard maintenance, paying a real estate broker a sales commission). If the City decides to reinstate, the senior lienholder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sales date" This "foreclosure sales date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the City fails to reinstate the senior lienholder before five (5) days prior to the foreclosure sale date, the senior lienholder would then require a full pay off of the balance, plus costs to cancel foreclosure. If the City determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lienholder to complete foreclosure, the City's lien may be eliminated due to insufficient sales proceeds. XI. AFTER-PURCHASE PROPERTY MAINTENANCE A. Policy ALL DAP Loans require the borrower: o To protect and preserve said property and to maintain it in good condition and repair; Page 18 . Not to remove, demolish or materially alter any building or any improvement thereon. . To complete or restore promptly and in good workmanlike manner any building or improvement that may be constructed, damaged or destroyed thereon and pay when due all costs incurred therefor; and to comply with all of the terms of any loan agreement between Trustor and Beneficiary; 4. Not to commit or permit waste of the property; o To comply with all laws, covenants, conditions or restrictions affecting the property; o To cultivate, irrigate, fertilize, fumigate, prune and do all other acts that from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. These conditions help assure that the property does not revert to a substandard state. B. Procedure When the Community Development Division becomes aware that property is not being properly maintained it shall: 1. Provide the borrower in writing: ao a list of needed repairs or maintenance items a recommendation as to a solution to the deficiencies a request that the repairs be performed within 60 days , At the end of the 60-day period, Community Development staff shall inspect the property. If the needed repairs have not been performed, staff shall set an appointment with the borrower to discuss why maintenance has not been performed. o Following the visit and inspection, the borrower will be given 60 days to make the necessary repairs. The borrower will be given written notice at the start of this phase that if repairs are not performed within 60 days the borrower will be considered to be in default. o If repairs are not performed within 60 days of the notice outlined in Item 3, the Community Development Commission of Mendocino County may begin foreclosure proceedings. Page 19 XII. REUSE PLAN All repayments of loan principal and interest shall be deposited to separately maintained reuse accounts. , Funds in the reuse accounts shall only be used for eligible activities as defined by the original funding source and shall only be used in eligible areas as defined by the original Standard Agreement. 3. Reuse Plans for the different funding sources are in Attachment B. XIII. AMENDMENTS Amendments to these Policies and Procedures may be made by the City of Ukiah and will be submitted to the California Department of Housing and Community Development for approval. Where changes in the guidelines would adversely affect program applications already under review, such applications will be evaluated under the guidelines in effect at the time of application. XIV. RELOCATION POLICY RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN COUNTY OF MENDOCINO The jurisdiction will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 470.606 (b) (1) and 24 CFR 92. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the jurisdiction will make public and submit to the Department the following information in writing: Page 20 1. A description of the proposed assisted activity; The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. 5. The source of funding and a time schedule for the provision of replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate- income dwelling unit for at least 10 years from the date of initial occupancy. The jurisdiction will provide relocation assistance to each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the jurisdiction will take the following steps to minimize the displacement of persons from their homes: A. Steps to Minimize or Prevent Displacement 1. Use CDBG funds to provide seed money grants or loans, long-term mortgage loans at favorable rates, or capital grants to tenant groups of multi-family buildings to help them convert to cooperatives. 2. Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, working with empty building or groups or empty units first so they can be rehabilitated first and tenants moved in before rehab on occupied units or building is begun. 3. Establish temporary relocation facilities in order to house families whose displacement will be of short duration, so they can move back to their neighborhoods after rehabilitation or new construction. 4. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue financial burden on long-established owners or on tenants of multi-family buildings. Page 21 5. Provide counseling via Government or non-profit organizations to assist homeowners and renters to understand the range of assistance that may be available to help them in staying in the area in the face of revitalization pressures. 6. Shift the concentrated demand generated by intense investment in one or two neighborhoods to other neighborhoods by: (a) targeting public improvements into several other neighborhoods with potential for revitalization; (b) conduction of advertising campaigns to attract interest in other neighborhoods. B. Steps to Assist Displaced Persons to Remain in their Present Neighborhood 1. Provide lower-income housing in the neighborhood through HUD housing programs; purchase units as is; rehabilitate vacant units; 2. Give Priority in assisted housing units in the neighborhood to area residents facing displacement. 3. Target Section 8 existing program certificated to households being displaced, and recruit area landlords to participate in the program. 4. Provide counseling and referral services to assist displacees find alternate housing in the neighborhood. 5. Work with area landlords and real estate brokers to locate vacancies for household facing displacement. C. Steps to Otherwise Mitigate Adverse Effects of Displacement 1. Use of public funds, such as CDBG funds, to pay moving costs and provide relocation payments, or require private developers to provide compensation to persons displaced by development activities. 2. Give displacees priority in obtaining subsidized housing units. 3. Provide counseling and referral services to assist diplacees to locate elsewhere in the community or metropolitan area. D. Additional Procedures for Acquisition of Single-Family Homes (HOME funds) When the jurisdiction uses HOME funds to obtain a single-family home, or to provide financial assistance in such a transaction, the URA and its implementing regulations (49 CFR part 24) will be adhered to. Policies and Procedures described in HUD Handbook 1378, Chapters 1 through 6 and Chapter 8 will be implemented, and those specific to the HOME Page 22 program described on pages 8-17 through 8-23, will be followed. 1. Unit occupied by home owner: The home owner will be notified in writing that the jurisdiction will not use its power of eminent domain to acquire the property. The home owner will be informed in writing of the jurisdictions estimate of the fair market value to the property. These notices will be issued at the earliest possible date. 2. Unit occupied by tenant: The home owner will receive the notifications stated above. In additions, the tenant will be issued a notice at the earliest possible date. The notice will include all information required under URA including a caution not to move prematurely, and information on relocation assistance. Information on comparable replacement units will be provided, as well as material on social services and housing programs. Upon moving, the tenants will be provided with moving expenses and rent differential, (per URA) where applicable. A notice informing tenants of the date they will be required to move will be issued. If a unit is vacant at the time of negotiation of sales, or becomes vacant later, any prospective tenant will be notified of the pending sale, informed that they may be required to move, and that they will not be entitled to relocation assistance. The issuing of all notices and the processing of relocation assistance will be the responsibility of the Community Development Commission of Mendocino County. These guidelines are current as of November 1, 2001. The CDC will not be responsible for any errors or omissions. Page 23 ATTACHMENT A LOAN DOCUMENTS ^-! "PUBLIC AGENCY BUSINESS: FREE." This document is presented for recording pursuant to Gov. Code 6103. Community Development Commission of Mendocino County. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Community Development Commission 1076 North State Street Ukiah, CA 95482 CITY OF UKIAH DOWN PAYMENT ASSISTANCE LOAN DEED OF TRUST THIS DEED OF TRUST CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS RESALE AND RECAPTURE FEATURES THIS DEED OF TRUST is made this w day of ,2000 between as Trustor; Redwood Empire Title Company of Mendocino County_ as Trustee and THE City of Ukiah, as Beneficiary. TRUSTOR, in consideration of the indebtedness recited and the trust created in this Deed of Trust, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the City of Ukiah, State of California: "This Deed of Trust is Junior and Subordinate to the Deed of Trust recording concurrently herewith for the benefit of (the Beneficiary)." Together with all the improvements now or hereafter erected on the property, which has the address of and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given in this Deed of Trust to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property, are referred to in this Deed of Trust as the "Property." The loan evidenced by the Note and secured by this Security Instrument (the "Loan") is being made pursuant to (the Home Investment Partnerships Program and the regulations issued thereunder (Title II, A-2 _-zcx _ the Cranston-Gonzalez National Affordable Housing Act, Public Law No. 101-625, 104 Stat. 4079 (1990), 24 C.F.R. Part 92) (the "Home Program")). TO SECURE to Lender (a) the repayment of the indebtedness evidenced by Borrower's note dated, and incorporated by reference in this Deed of Trust (the "Note") in the principal sum of ($XXXX) plus contingent interest on the principal sum in the amount and on the terms described in the Note; the payment of all other sums, with interest thereon, advanced to protect the security of this Deed of Trust; and the performance of the covenants and agreements of the Borrower contained in this Deed of Trust in the Note. Borrower covenants that Borrower is lawfully seised of the estate conveyed by this Deed of Trust and has the right to grant and convey the Property, that, with the exception of a prior deed of trust securing a loan in the principal amount of SXXXXX. Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property. Borrower and Lender covenant and agree as follows: Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. . Occupancy. Borrower and his or her immediate family shall be the sole occupants of the Property conveyed by this Deed of Trust. This restriction includes, but is not limited to, prohibition of Borrower's renting or otherwise leasing the Property. . Sale or Transfer of Property. Before sale or transfer of title, the Borrower, or the Borrower's representative, shall notify the Lender of his or her intention to sell or otherwise transfer title. Except as otherwise provided in this Deed of Trust, when Borrower transfers title, the entire Loan which is evidenced by the Note shall be immediately due and payable. Where title is transferred to or otherwise altered to include or favor a spouse or person signing the Note, and such spouse or person resides on the Property conveyed in this Deed of Trust and is independently eligible for assistance under the Program, the transfer or alteration in title shall not result in acceleration of the Loan evidenced by the Note. Similarly, when a spouse or person signing the Note takes title to the Property which secures this Deed of Trust by devise, descent or by operation of law upon the death of a joint tenant and such spouse or person resides on the Property and is independently eligible for assistance under the Program, the transfer of title shall not result in acceleration of the loan evidenced by the Note. . Resale-Recapture Provisions. The following provisions restricting resale per HOME regulations will apply for a period of 10 years. This is known as the "affordability period". The net proceeds shall be repaid to the State Recipient. (City of Ukiah) to assist another first-time homebuyer to obtain a home within the City of Ukiah. The amount of the HOME subsidy repaid to the State Recipient (City of Ukiah), at sale, is called "net proceeds." Net proceeds includes the sales price minus loan repayment and closing costs. If the net proceeds are insufficient to repay both the HOME investment plus the homeowner's investment, the City of Ukiah may forgive a prorated A-3 share of the net proceeds based on the amount of time the homeowner occupied the unit during the afford ability period. When the net proceeds are not enough to repay the full HOME investment, the homeowner will not recover more than his or her investment. o Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust when due. Borrower shall promptly pay when due all installments or payments required by and comply with all obligations of any deed of trust that is prior to this Deed to Trust. . Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgagee clause in favor of and in a form acceptable to Lender. Subject to the rights of the holder of a prior deed of trust, Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carder and Lender. Lender may make proof of loss, if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible, or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be treated as if received from a sale of the Property, or, of that part of the Property damaged and shall be applied, in the manner described in Section 11 herein below, to the sums secured by this Deed of Trust. If the property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carder offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. . Subordination. Agency and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust, or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, installing fixtures or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of a foreclosure of the First Deed of Trust, or an assignment of the Deed of Trust to the Secretary of Housing and Urban Development, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), A-4 ..:&~ _ receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that the Agency has been given written notice of a default under the First Deed of Trust and the Agency shall not have cured the default under the First Deed of Trust, or diligently pursued curing the default as determined by the Senior Lien Holder, within the 60-day period provided in such notice sent to the Agency. o Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. . Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including but not limited to, default on or foreclosure or a prior deed of trust, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by Lender pursuant to this Section 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from date of disbursement at the rate of 15 percent per annum, unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this Section 9 shall require lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 11. Condemnation. Subject to the rights of the holder of a prior deed of trust, the proceeds of any award or claim for damages, director or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be treated as if received from a sale of the Property. 12. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 13. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 14. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements contained in this Deed of Trust shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of Section 17 hereof. All covenants and agreements of Borrower shall be joint and several. 15. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided in this Section 15; and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's addresses stated in this Deed of Trust or to such other address as Lender may designate by notice to Borrower as provided in this Section 15. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 16. Governing Law; Severability. This Deed of Trust shall be governed by the law of California. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 17. Transfer of the Property. If all or any of the Property or an interest in it is sold or transferred by Borrower, excluding permitted transfers to a spouse or other person signing the Note in the manner described in Section 3 above, all the sums secured by this Deed of Trust shall be immediately due and payable. In the event of such an acceleration, Lender shall mail Borrower notice of the acceleration in accordance with Section 15 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by law, including but not limited to power of sale. 18. Default by Borrower. Upon default by Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Lender may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Lender, shall sell said property at the time and place fixed by it in said notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce covenants of this Deed of Trust relating to sums due and payable by Borrower discontinued at 20. 21. any time prior to five days before the Property is first scheduled for sale pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust, if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, and (b) the Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies, including but not limited to, reasonable attorney's fees; and © Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property, and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed under this Deed of Trust. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address which is the Property Address and to the Lender at: COMMUNITY DEVELOPMENT COMMISSION 1076 NORTH STATE STREET UKIAH, CA 95482 A-7 IN WITNESS THEREOF, Borrower has executed this Deed of Trust. Borrower Date Borrower Date State of Califomia: City of Ukiah: ss. On (date), before me, the undersigned, a notary public for the state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize capacity (ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires (Signature of Notary) (Printed Name) (Seal of Notary) DAPADOT. 99HOME-0406 Rev 8/3/00 CITY OF UKIAH DOWN PAYMENT ASSISTANCE LOAN PROMISSORY NOTE UKIAH, CALIFORNIA FOR VALUE RECEWED, THE UNDERSIGNED, Borrower(s) promises to pay on order THE CITY OF UKIAH, Lender, the principal sum of ($XXXXX) with interest from the date of execution on the unpaid principal at the simple interest rate of Three percent (3) per annum, until paid or upon the sale of the property located at: which secures this promissory note on all that certain real property situated in the City of Ukiah, State of California and being more particularly described as follows: All notices shall be sent to the following agency which shall provide service on this loan: Community Development Commission of Mendocino County 1076 North State Street Ukiah, CA 95482 Maturity date on this Note includes sale of property; change of title; or when property ceases to be primary residence of loan recipient. Payment of both principal and accrued interest is deferred until the earlier of (1) The expiration of 30 years from the date of execution of this note by the Borrower(s), or (2) The voluntary or involuntary transfer of title to or any interest in the real property that is the security for this Note, except a transfer to a Borrower's surviving spouse, or (3) Borrower and his or her immediate family are no longer occupants of the Property, at which time the whole of the unpaid principal and interest, plus applicable fees, charges and penalties, is immediately due and payable in full, unless otherwise approved by the County in its absolute discretion. The City may approve loan assumption, at its option, only if subsequent purchasers or transferee of the property meet the eligibility requirements then in effect per the Home Investment Partnership Program (HOME) regulations, Title 25 California Code of Regulations. Should loan assumption be approved the new purchaser must execute an assumption agreement confirming the agreement with the terms of the DAP loan. DAPADOT. 99HOME-0406 Rev 8/3/00 The whole of the unpaid principal and interest, plus applicable fees, charges and penalties, shall also become immediately due and payable in full, at the option of the City should the real property described above be refinanced or further encumbered without the City's written consent. Failure of the City to exercise such option shall not constitute a waiver of such default, regardless of subsequent acceptance of any payment hereunder by the City. The undersigned reserves the right to prepay at any time all or any part of the principal amount of this Note, without the payment of penalties or premiums. All payments shall be credited first on interest then due, then on principal. Interest shall thereupon cease on principal so credited. This NOTE is secured by a Deed of Trust given to as trustee, and duly filed for record in Mendocino County. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated, or to such other address as Borrower may designate by notice to the Lender. Any notice to the Lender shall be given by mailing such notice by certified mail, return receipt requested, to the Lender at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. This indebtedness evidenced by this Note is secured by a Deed of Trust and reference is made to the Deed of Trust for rights as to acceleration of the indebtedness evidenced by this Note, including Section 17, which provides as follows: "Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower, excluding permitted transfers to a spouse or other person signing the Note in the manner described in Section 3 of the Deed of Trust, all the sums secured by this Note shall be immediately due and payable. In the event of such acceleration, Lender shall mail Borrower notice of acceleration in accordance with Section 15 thereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sum declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by law, including but not limited to power of sale." Dapnote. 99HOME-O406/Rev,8/3/O0 A-10 -~o'2 -' IN WITNESS WHEREOF, this note has been duly executed by the undersigned as of its date. Bo~ower Dated: Dapnote. 99HOME-0406/Rev,8/3/00 A-11 -~IB - NO FEE - COUNTY BUSINESS Government Business Code 6103 RECORDING REQUESTED BY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Community Development Commission of Mendocino County 1076 North State Street Ukiah, CA 95482 CITY OF UKIAH CALHOME PROGRAM FIRST-TIME HOMEBUYER DEED OF TRUST NOTICE TO BORROWER THIS DEED OF TRUST CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS Loan No. This Deed of Trust is made on ,2O , by (the "Borrower") and (the "Trustee"), whose business address is in favor of the City of Ukiah ("Lender") or Assignee, whose address is 300 Seminary Avenue Ukiah, CA 95482. 1. BORROWER, IN CONSIDERATION OF THE INDEBTEDNESS HEREIN RECITED AND THE TRUST HEREIN CREATED, HEREBY IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee in trust, with power of sale and right of entry and possession, all of Borrower' s right, title and interest now held or hereafter acquired in and to the following: (a) all of that certain real property (the "Property") located at (Street) (City and Zip Code) which is more particularly described as: in the County of Mendocino, and the State of Califomia, Legal Description , Mendocino County Records. APN # and all buildings, improvements and fixtures now or hereafter erected thereon, and all appurtenances, easements, and articles of property now or hereafter affixed to, placed upon or used in connection with the Property, together with all additions to, substitutions for, changes in or replacements of the whole or any part Dap/forms Rev 11/7/01 A-12 -~eX -- of said articles of property; all of which are hereby pledged and assigned, transferred, and set over onto Trustee, and for purposes of this Deed of Trust declared to be part of the realty; provided, however, that furniture and other personal property of Borrower now or hereafter situated on said real property are not intended to be included as part of the Property. "This Deed of Trust is Junior and Subordinate to the Deed of Trust recording concurrently herewith for the benefit of (the Beneficiary)." 2. FOR THE PURPOSE OF SECURING: 2.1. Repayment of the indebtedness evidenced by that certain Promissory Note of the Borrower dated ,20 , and entitled County of Mendocino CalHome Program First-time Homebuyer Promissory Note "Loan No. "(the "Note") of the Borrower in the principal amount of Dollars ($ ), together with simple interest on such indebtedness according to the terms of the Note, and any and all amendments, modifications, extensions or renewals of the Note. The Note and this Deed of Trust are subject to the terms, conditions, and restrictions of the State of California CalHome Program as set for the in the Health and Safety Code section 50650 et seq. and implementing guidelines or regulations adopted by the California Department of Housing and Community Development, all of which are hereby incorporated by reference. 2.2. Payment of such additional sums, with interest thereon: (a) As may hereafter be borrowed from Lender by the then-record owner of the Property and evidenced by a promissory note or notes reciting that it or they are so secured and all modifications, extensions, or renewals of the Note; and (b) As may be incurred, paid, or advanced by Lender, or as may otherwise be due to Trustee or Lender, under any provision of this Deed of Trust and any modification, extension, or renewal of this Deed of Trust; and (c) As may otherwise be paid or advanced by Lender to protect the security or priority of this Deed of Trust. 2.3. Performance of each obligation, covenant, and agreement of Borrower contained in this Deed of Trust, the Note, or any other document executed by Borrower in connection with the loan(s) secured by this Deed of Trust, and all amendments to these documents whether set forth in this Deed of Trust or incorporated in this Deed of Trust by reference. 3. BORROWER COVENANTS: Borrower hereby covenants to maintain and protect the security of this Deed of Trust, to secure the full and timely performance by Borrower of each and every obligation, covenant, and agreement of Borrower under the Note and this Deed of Trust, and as additional consideration for the obligation(s) evidenced by the Note, Borrower covenants as follows: 3.1. Title. That Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that Borrower will warrant and defend generally the title of the Property against all t)ap/forms }~ev ~ ~/7/0~ A- 13 _.eq 0 claims and demands subject to any declarations, easements, or restrictions listed in the schedule of exemptions to coverage in any title insurance policy insuring Lender's interest in the Property. 3.2. Payment of Principal and Interest. That Borrower shall promptly pay, when due, the principal and interest on the Note, and such other charges as are provided in the Note, and such other amounts as are provided under this Deed of Trust. 3.3. Maintenance of the Property. (a) To keep the Property in a decent, safe, sanitary, tenantable condition and repair and permit no waste thereof; (b) not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable; (c) remove, demolish or structurally alter any buildings and improvements now or hereinafter located on the Property; (d) to repair, restore or rebuild promptly any buildings or improvements on the Property that may become damaged or be destroyed while subject to the lien of this Deed of Trust; (e) to comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; (f) not to initiate or acquiesce in any change in any zoning or other land use or legal classification which affects any of the Property without the Lender's written consent; and (g) not to alter the use of all or any part of the Property without the prior written consent of the Lender. 3.4. Appear and Defend. Borrower shall appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Lender or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which the Lender or Trustee may appear, and in any suit brought by the Lender to foreclose this deed. 3.5. Payment of Taxes and Utility Charges. Borrower shall pay, at least ten (10) days before delinquency all taxes and assessments affecting the Property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, fines and impositions attributable to the Property, leasehold payments or ground rents, if any, and any interest on the Property or any part thereof; all costs, fees and expenses of this trust. Borrower shall make such payments when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and Borrower shall promptly furnish to Lender receipts evidencing all such payments made. 3.6. Insurance. To keep the Property insured with loss payable to the Lender, against loss or damage by fire and such other hazards, casualties and contingencies and by such companies on such forms and in the amount of the replacement cost of the Property, and to deliver the original of all such policies to the Lender, together with receipts satisfactory to the Lender evidencing payment of the premiums. All such policies provide that the Lender shall be given thirty (30) days advance written notice of the cancellation, expiration or termination of any such policy or any material change in the coverage afforded by it. Renewal policies and any replacement policies, together with premium receipts satisfactory to the Lender, shall be delivered to the Lender at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the Lender shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. All insurance proceeds for such losses must be utilized for the relair or restoration of the insured irole7. 3.7. Payments and Discharge of Liens. Borrower will pay, when due, all claims of every kind and nature which might or could become a lien on the Property or any part thereof; provided, however, that the following are excepted from this prohibition: (a) liens for taxes and assessments which are not delinquent although by law are given the status of a lien, and (b) such of the above claims as are, and only during the time they are, being contested by Borrower in good faith and by appropriate legal proceedings, and Borrower shall post security for the payment of these contested claims as may be requested by the Lender. Borrower shall not default in the payment or performance of any obligation secured by a lien, mortgage or deed of trust which is superior to this Deed of Trust. Dap/formsRev 11/7/01 A-14 -t.4 ~ _ 4. IT IS MUTUALLY AGREED THAT: 4.1. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and Section 2.1 shall be applied by Lender first to interest payable on the Note and then to the principal due on the Note. 4.2. Future Advances. Upon request by Borrower, Lender, at Lender's option, may make future advances to Borrower. All such future advances, with interest thereon, shall be added to and become a part of the indebtedness secured by this Deed of Trust when evidenced by promissory note(s) reciting that such note(s) are secured by this Deed of Trust. 4.3. Disbursements to Protect Lender's Security. All sums disbursed by Lender to protect and preserve the Property, this Deed of Trust, or Lender's security for the performance of Borrower's obligations under the Note shall be and be deemed to be an indebtedness of Borrower secured by this Deed of Trust. 4.4. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearance, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by Lender pursuant to this Section 4.4, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this Section 4.4 shall require Lender to incur any expense or take any action hereunder. 4.5. Inspection. Lender or its agent may make or cause to be made reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to any such inspection specifying reasonable cause for the inspection 4.6. Awards and Damages. Alljudgrnents, awards of damages, settlements and compensation made in connection with or in lieu of(a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be paid to the Lender. The Lender is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the Lender shall determine at its option. The Lender shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Lender may be released to Borrower upon such conditions as the Lender may impose for its disposition. Application of all or any part of the amounts collected and received by the Lender or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sum secured by this Deed of Trust. Dap/formsRev 11/7/01 A-15 -- q L- 4.7. Prohibition on Transfers of Interest. With the exception of the transfers permitted in Section 4.11 below, if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Security Instrument to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with Section 6.9 hereof. Such notices shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by Section 5.2(a) hereof. 4.8. Sale or Forbearance. No sale of the Property, forbearances on the part of the Lender or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Borrower either in whole or in part. 4.9. The Lender's Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) The Lender may, at its sole discretion, (I) release any person now or hereafter liable for payment of any or all such indebtedness. (II) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (III) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the written request of the Lender, may reconvey all or any part of the Property, consent to the making of any map or plot thereof, join in granting any assessment thereon, or join in any such agreement of extension or subordination. 4.10. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing indebtedness secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. 4.11. Requirement of Owner-occupancy and Permitted Transfers. Borrower shall occupy the Property as Borrower's principal place of residence during the term of the Note. Notwithstanding any other provision of the Note or this Deed of Trust, the following transfers shall not be deemed to be a default under the Note or this Deed of Trust: (a) The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant. (b) A transfer of the Property where the spouse becomes an owner of the property; (c) A transfer of the Property resulting from a decree of dissolution of marriage, legal separation or from an incidental property settlement agreement by which the spouse becomes an owner of the Property. (d) A transfer to an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property. Dap/forms Rev 11/7/01 A-16 -- q'b- 5. EVENTS OF DEFAULT 5.1. Events of Default. Any one or more of the following events shall constitute a default under this Deed of Trust (a) failure of the Borrower to pay the indebtedness secured hereby or any installment thereof, whether principal, interest or otherwise, when and as the same become due and payable, whether at maturity or by acceleration or otherwise; or (b) failure of Borrower to observe or to perform any covenant condition or agreement to be observed or performed by Borrower pursuant to the Note or this Deed of Trust including but not limited to the occupancy of property by Borrower provision; or (c) the occurrence of any event which, under the terms of the Note, shall entitle the Lender to exercise the rights or remedies thereunder; or (d) the occurrence of any event which, under the terms of the First Note and First Deed of Trust shall entitle the Lender to exercise the rights or remedies thereunder. 5.2. Acceleration and Sale. (a) Acceleration. Except as provided in Section 4.7, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, upon Borrower's failure to make any payment or to perform any of its obligations, covenants and agreements pursuant to the Note, Lender shall mail notice to Borrower as provided in Section 6.9 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, no less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees. (b) Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower will have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if: (1) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note, had no acceleration occurred; (2) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, remedies including, but not limited to, reasonable attorneys' fees; and (3) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred. (c) Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Borrower Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Borrower, Trustee or the Lender, may purchase at such sale. Upon such sale by Trustee it shall Dap/forms Rev 11/7/01 A-17 .. q q _ deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee and of this Deed of Trust, Trustee shall apply the proceeds of sale to the payment of the principal indebtedness hereby secured, whether evidenced by the Note or otherwise, or representing advances made or costs or expenses paid or incurred by the Lender under this Deed of Trust, or the secured obligations or any other instrument evidencing or securing any indebtedness hereby secured and to the payment of all other sums then secured thereby, including interest as provided in this Deed of Trust, the secured obligations or any other such instrument, in such order as the Lender shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto. (d) Assignment of Rents; Appointment of Receiver; Lender in Possession. Upon acceleration under paragraph (a) of Section 5.2 hereof or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property (if any) including those past due. All rents collected by Lender or the Receiver shall be applied first to payment of the costs of management of the Property and collection of rents including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. The provisions of this paragraph and paragraph (a) of Section 5.2 shall operate subject to the claims of prior lien holders. 5.3. Exercise of Remedies; Delay. No exercise of any right or remedy by the Lender or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Lender or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. 5.4. Trustee Substitution. The irrevocable power to appoint a substitute trustee or trustees hereunder is hereby expressly granted to the Lender, to be exercised at any time hereafter, without specifying any reason therefore by filing for record in the office where this Deed of Trust is recorded a deed of appointment, and said power of appointment of successor trustee or trustees may be exercised as often as and whenever the Lender deems advisable. The exercise of said power of appointment, no matter how often, shall not be deemed an exhaustion thereof, and upon recording of such deed or deeds of appointment, the trustee or trustees so appointed shall thereupon, without further act or deed of conveyance, succeed to and become fully vested with identically the same title and estate in and to the Property hereby conveyed and with all the rights, powers, trusts and duties of the predecessor in the trust hereunder, with the like effect as if originally names as trustee or as one of the trustees. 5.5. Remedies Cumulative. No remedy herein contained or conferred upon the Lender or Trustee is intended to be exclusive of any other remedy or remedies afforded by law or by the terms hereof to the Lender or Trustee but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. 6. MISCELLANEOUS PROVISIONS 6.1. Successors, Assigns, Gender, Number. The covenants and agreements contained in this Deed or Trust shall bind, and the benefit and advantages under it shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties. Wherever used, the singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. Dap/forms Rev 11/7/01 A-18 _ q,g .- 6.2. Headings. The headings are inserted only for convenience of reference and in no way define, limit, or describe the scope or intent of this Deed of Trust, or of any particular provision thereof, or the proper construction thereof. 6.3. Actions on Behalf of the Lender. Except as otherwise specifically provided herein, whenever any approval, notice, direction, consent, request or other action by the Lender is required or permitted under this Deed of Trust, such action shall be in writing. 6.4. Terms. The words "the Lender" means the present Lender, or any future owner or holder, including pledgee of the indebtedness secured hereby. 6.5. Obligations of Borrower. If more than one person has executed this Deed of Trust as "Borrower," the obligations of all such persons hereunder shall be joint and several. 6. 6. Incorporation by References. The provisions of the CalHome Program security instruments and the documents relating to that program are incorporated by reference as though set out verbatim. 6.7. Severability. If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. 6.8. Indemnification. Borrower will indemnify and hold the Lender, its officers and agents harmless against any and all losses, claims, demands, penalties and liabilities which the Lender, its officers or agents may sustain or suffer by reason of anything done or omitted in good faith pursuant to or in connection with this Deed of Trust and not assert any claim against the Lender, its officers or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend, indemnify, save and hold the Lender, its officers and agents harmless from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise), causes of action (whether legal or equitable in nature) asserted by any person, firm, corporation or other entity arising out of this Deed of Trust and Borrower shall pay the Lender upon demand all claims, judgments, damages, losses or expenses (including reasonable legal expense) incurred by the Lender as a result of any legal action arising out of this Deed of Trust. 6.9. Notice. Except for any notice required under applicable law to be given in another manner (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail directed to the Property Address or any other address Borrower designates by notice to Lender as provided herein; and, (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's mailing address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall deem to have been given to Borrower or Lender when given in the manner designated herein. 6.10. Statement of Obligation. Lender may collect a fee not to exceed $15 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. 6.11. Use of Property. Borrower shall not permit or suffer the use of any of the Property for any purpose other than as a single family residential dwelling. 6.12 Termination of Restrictions on Property. Per HUD Mortgageee Letter 94-2, "all restrictions relating to affordable housing programs that are otherwise allowed by HUD policy must automatically and permanently terminate upon foreclosure, deed-in-lieu of foreclosure, or assignment of the insured mortgage to the United States Secretary of Housing and Urban Development." Dap/forms Rev 11/7/01 A-19 - q k,_ IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth above. By signing below, Borrower agrees to the terms and conditions as set forth above. SIGNATURE OF BORROWER(s): Borrower Date Borrower Date State of California: County of Mendocino: ss. On (date), before me, the undersigned, a notary public for the state, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize capacity (ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) Dap/forms Rev 11/7/01 A-20 _ak-/_ CITY OF UKIAH CALHOME PROGRAM FIRST-TIME HOMEBUYER PROMISSORY NOTE NOTICE TO BORROWER THIS DOCUMENT CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS AND IS SECURED BY A SECOND DEED OF TRUST ON RESIDENTIAL PROPERTY Loan No. FOR VALUE RECEIVED, the undersigned, (the "Borrower") hereby promises to pay to the order of City ofUkiah of Mendocino ("Lender") at the following address 1076 North State Street Ukiah, CA 95482 or at such other place as the holder may fi.om time to time designate by written notice to Borrower, in lawful money of the United States, the sum of Dollars ($ ) with simple interest at the rate of percent per annum on the unpaid principal balance fi.om the date of this Note, until paid. The obligation of the Borrower with respect to this Note is secured by that certain CalHome Program First-Time Homebuyer Deed of Trust Loan No. (the "Deed of Trust"), and executed by the Borrower concurrently herewith. Borrower's Obligation. This Note evidences the obligation of the Borrower to the Lender for the repayment of funds loaned (the "CalHome Loan") to finance the purchase of that certain real property (the "Property"), which has the address of (Street) Califomia, more fully described as: (Zip Code) Legal Description , Mendocino County Records. APN # (city) . . Borrower(s) Acknowledge(s) and Agrees: that the CalHome Loan is subject to the terms, conditions, and restrictions of the State of Califomia CalHome Program as set forth m Health and Safety Code section 50650 et seq. and implementing guidelines or regulations adopted by the Califomia Department of Housing and Community Development, all of which are hereby incorporated by reference. Repayment of Loan Principal and Interest. No periodic payments are required hereunder. Borrower agrees to pay the unpaid principal balance, unpaid accrued interest, and any other amounts due under this Note upon the earlier of: (a) 30 years fi.om the date of this Note; or (b) Upon refinancing of any debt that is secured by a lien on the Property; or Dap/forms Rev 11/7/01 A-2 1 -- "-{'b-- (c) Upon sale, transfer, lease, or encumbrance of all or any interest in the Property, except for a transfer permitted in Paragraph 4; or (d) Upon the maturity date, or full repayment, of any debt that is secured by a lien on the Property that is semor to the Deed of Trust; or (e) Upon Borrower's failure to occupy the Property as Borrower's principal place of residence. 4. Permitted Transfers. The CalHome Loan is not assumable except under the following limited circumstances: (a) The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant. (b) A transfer of the Property where the spouse becomes an owner of the property; (c) A transfer of the Property resulting from a decree of dissolution ofmamage, legal separation or from an incidental property settlement agreement by which the spouse becomes an owner of the Property. (d) A transfer to an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property. . Acceleration of Pament. The principal amount of this loan, together with any then outstanding accrued interest thereon shall become immediately due and payable, at the option of the holder and without demand or notice, upon the occurrence of any of the following events: (a) In the event .fa default under the terms of this Note or the Deed of Trust; (b) In the event that the Borrower shall cease to occupy the Property as Borrower's principal place of residence; or (c) In the event of any sale, transfer, lease, or encumbrance of the Property in violation of Paragraph 4 of this Note. . Effect of Due-on Sale Clause. Failure of the holder to exercise the option to accelerate payment as provided in Paragraph 5 of this Note will not constitute waiver of the right to exercise this option in the event of subsequent cause for acceleration. Failure by Borrower to occupy the Property as Borrower's principal place of residence shall be considered an on-going event of default under this Note. . Place and Manner of Payment. All amounts due and payable under this Note are payable at the principal office of the Lender set forth above, or at such other place or places as the Lender may designate to the Borrower in writing from time-to-time. . Application of Payments. All payments received on account of this Note shall be fu'st applied to accrued interest, if any, and the remainder shall be applied to the reduction of principal. . Attorney's Fees. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by the Lender in the enforcement of this Note. r)ap/fo~ns Rev ~/7/0~ A-22 "' '4 ~ - 10. Default and Acceleration. All covenants, conditions and agreements contained in the Deed of Trust are hereby made a part of this Note. The Borrower agrees that the unpaid balance of the then principal amount of this Note, together with all accrued interest thereon and c 'harges owing, shall, at the option of the Lender or, if so provided in this Note and Deed of Trust executed by the Borrower, shall automatically, become immediately due and payable, and thereafter until paid bear interest at the rate of % per annum, upon the failure of the Borrower to make any payment hereunder as and when due; upon the failure of the Borrower to perform or observe any other term or provision of this Note, or upon the occurrence of any event (whether termed default, event of default or similar term) which under the terms of the Deed of Trust, shall entitle the Lender to exercise fights or remedies thereunder. 11. Notices. Except as may be otherwise specified herein, any approval, notice, direction, consent, request or other action by the Lender shall be in writing and must be communicated to the Borrower at the address of the Property, or at such other place or places as the Borrower shall designate to the Lender in writing, from time to time, for the receipt of communications from the Lender. Mailed notices shall be deemed delivered and received five (5) working days after deposit in the United States mails in accordance with this provision 12. Prepayment Policy: Borrower may prepay this Note at any time without penalty. 13. Governing Law. This Note shall be construed in accordance with and be govemed by the laws of the State of Califomia. 14. Severability. If any provision of this Note shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 15. No Waiver by the Lender. No waiver of any breach, default or failure of condition under the terms of the Note or Deed of Trust shall thereby be implied from any failure of the Lender to take, or any delay by the Lender in taldng action with respect to such breach, default or failure or from any previous waiver of any similar or unrelated breach, default or failure; and a waiver of any term of the Note, Deed of Trust, or any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver. 16. Successors and Assigns. The promises and agreements herein contained shall bind and inure to the benefit of, as applicable, the respective heirs, executors, administrators, successors and assigns of the parties. Dap/forms Rev 11/7/01 A-23 - ~ - Executed as of the date set forth above at ,Califomia Borrower Date Bo~ow~ Date Dap/forms Rev 11/7/01 ATTACHMENT B REUSE PLANS CDC PageB-1 ...~Z --- 12/7/2001 REUSE PLAN GOVERNING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)-ASSISTED ACTIVITIES FOR THE CITY OF UKIAH ADOPTED ? I. Purpose The purpose of this plan is to establish guidelines on the policies and procedures for the administration and utilization of program income received as a result of activities funded under the State Home Investment Partnerships (HOME) Program. II. Need for Plan Governing Reuse of Program Income This Reuse Plan is intended to satisfy the requirements specified in Federal statute and regulation at 24 CFR 92.503 (a). These statutory and regulatory sections permit a recipient to retain program income for HOME-eligible activities. III. Program Income Defined Program Income is defined in federal regulation at 24 CFR 92.2 which specifies that program income means gross income received by the participating jurisdiction, State recipient, or a subrecipient directly generated from the use of HOME funds or matching contributions. When program income is generated by housing that is only partially assisted with HOME funds or matchng funds, the income shall be prorated to reflect the percentage of HOME funds used. Program Income Definition (from the California Department of Housing and Community Development Program Management Manual [Revised 3/30/00]): "Program Income Definition: For the purposes of the HOME Program, Program Income (PI) means the gross income received by the participating jurisdiction (PJ) or State Recipient, or by another party at the direction of the PJ or State Recipient (or its contractor subrecipient) which is directly generated from the use of HOME Program or match funds. Income from open and closed HOME Program contracts generated under loan or grant security documents of all HOME Program projects remains PI and retains that identity throughout. The following are some of the most common examples of PI in the HOME Program: 1) Payments of principal and interest on loans made using HOME Program funds 2) Interest eamed on PI pending its disposition and on HOME Program funds held in a local account CDC Page B-2 -.. t=o-~o -. 12/7/2001 3) Net proceeds for the disposition by sale or long-term lease of real property purchased or improved with HOME Program funds 4) Gross income from the use or rental of real property that has been constructed or improved with HOME Program funds and that is owned (in whole or in part) by the State Recipient/CHDO [Community Housing Development Organization] PI includes interest earned on HOME Program funds during the 15-day period between the State's receipt of new HOME Program funds from IDIS [the State] and actual disbursement of the funds." IV. Reuses of Program Income The City of Ukiah's program income will be used only to fund eligible HOME activities as specified in federal statute at 24 CFR 92.205(a): 1) HOME funds may be used by a participating jurisdiction to provide incentives to develop and support affordable rental housing and homeownership affordability through the acquisition (including assistance to homebuyers), new construction, reconstruction, or rehabilitation of non-luxury housing with suitable amenities, including real property acquisition, site improvements, conversion, demolition, and other expenses, including financing costs, relocation expenses of any displaced persons, families, businesses, or organizations; to provide tenant-based rental assistance, including security deposits; to provide payment of reasonable administrative and planning costs; and to provide for the payment of operating expenses of community housing development organizations. The housing must be permanent or transitional housing. The specific eligible costs for these activities are set forth in 92.206 through 92.209. 2) Acquisition of vacant land or demolition must be undertaken only with respect to a particular housing project intended to provide affordable housing. 3) Conversion of an existing structure to affordable housing is rehabilitation, unless the conversion entails adding one or more units beyond the existing walls, in which case, the project is new construction for purposes of this part. 4) Manufactured housing. HOME funds may be used to purchase and/or rehabilitate a manufactured housing unit, or purchase the land upon which a manufactured housing unit is located. Except for existing, owner-occupied manufactured housing that is rehabilitated with HOME funds, the manufactured housing unit must, at the time of project completion, be connected to permanent utility hook- ups and be located on land that is owned by the manufactured housing unit owner or land for which the manufactured housing owner has a lease for a period at least equal to the applicable period of affordability. Program Income must be disbursed from the State Recipient's local account for an eligible HOME Program activity prior to drawing down additional HOME Program CDC Page B-3 .... ,~.~t4 ... 12/7/2001 funds. Up to 10 percent of PI dollars has to be spent on administrative and planning costs as per 24 CFR Section 92.206(d)(6). The City of Ukiah reserves to itself the options of utilizing program income to fund a HOME-eligible activity that has been written into a general allocation grant application; or, to amend an open HOME grant to include an additional HOME-eligible activity that will be funded from program income. Program Income received shall be substantially expended at the end of the Program Year. The City of Ukiah shall comply with all State HOME reporting requirements, including submittal of the required Annual Program Income Report. The City of Ukiah shall ensure that the use of program income under this Plan complies with all HOME program requirements. To ensure ongoing compliance with HOME requirements, the City of Ukiah shall utilize the latest available State HOME Program Grant Management Manual for guidance on compliance procedures and policies. Reuse Plan01 CDC Page B-4 _ e_~,~ _ 12/7/2001 REUSE PLAN GOVERNING PROGRAM INCOME FROM CALHOME- ASSISTED ACTIVITIES FOR THE CITY OF UKIAH ADOPTED ? I. Purpose The purpose of this plan is to establish guidelines on the policies and procedures for the administration and utilization of program income received as a result of activities funded under the State CalHome Program. II. Need for Plan Governing Reuse of Program Income This Reuse Plan is intended to satisfy the requirements specified in CalHome program requirements. These requirements permit a CalHome recipient to retain program income for CalHome-eligible activities. Under guidelines adopted by the State of California's CalHome program, recipients are permitted to retain program income so long as the recipient has received advance approval from the state of a local plan that will govern the expenditure of the program income. This plan has been developed to meet that requirement. III. Program Income Defined and Account Requirements Program Income is defined in the CalHome Operations Handbook [June 2001] as: "All repayments of loan principal and any loan interest." All program income will be deposited into a separately maintained CalHome reuse account. IV. Reuses of Program Income The City of Ukiah's program income will be used only to fund eligible CalHome activities. According to the CalHome Operations Handbook [June, 2001]: "Funds in the reuse account shall only be used by the Recipient for: 1. Loans to individual homeowners or homebuyers as allowed pursuant to CalHome Program requirements; . The cost of Homebuyer Education provided pursuant to the requirements of the CalHome Program, for each first-time homebuyer receiving mortgage assistance from the reuse account; CDC Page B-5 --. ~ to -- 12/7/2001 ge , A CalHome loan processing fee or activity delivery fee, as applicable, in accordance with CalHome Program requirements; and Up to 5% of funds deposited may be used towards the costs of loan servicing by the Recipient or the cost of third-party loan servicing contracted by the Recipient." The City of Ukiah shall comply with all State CalHome reporting requirements. The City of Ukiah shall ensure that the use of program income under this Plan complies with all CalHome program requirements. To ensure ongoing compliance with CalHome requirements, the City of Ukiah shall utilize the latest available State CalHome Program Grant Management Manual for guidance on compliance procedures and policies. Reuse Plan01 CDC Page B-6 '- ~o '~ --- 12/7/2001 ATTACHMENT C INCOME LIMITS FOR MEND COUNTY OCINO CDC Page C-1 - ~ ~ _ 12/7/2001 1NCOME LIMITS FOR ALL OF MENDOCINO COUNTY - 2001 Number 1 2 3 4 5 6 7 8+ of Persons in Household Income $22,800 $26,050 $29,300 $32,550 $35,150 $37,750 $40,350 $43,000 Limit (Yearly) CDC Page C-2 _,-~o°-\ _ 12/7/2001 ITEM NO. 9b DATE: December 19, 2001 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF REVISED RESOLUTION CALLING ON THE STATE OF CALIFORNIA TO TAKE CERTAIN ACTIONS REGARDING LITTER ON HIGHWAY 101 (VICE MAYOR BALDWIN) At the December 5, 200! Council meeting, Vice Mayor Baldwin presented two resolutions asking the state to discontinue the Caltrans Adopt-A-Highway Program. The Council discussed several aspects of the removal of litter along our state highways and agreed to consider a revised resolution, to be provided by Vice-Mayor Baldwin for the December !9 meeting. The local Adopt-A-Highway Program is administered by Caltrans from its Eureka office. Each business or non-profit group signs an agreement to clean up litter for two years on a designated section of the highway. Caltrans requires that the clean up occur on a quarterly basis during a calendar year or as needed. Caltrans provides the business with an encroachment permit, bags for collection, and a sign with the business name placed on the freeway section that is being cleaned. The business pays a fee to have its logo included on the sign. ]:n exchange, the business is required to clean up one day per quarter, or four times a year. Vice Mayor Baldwin is asking for Council's discussion and possible adoption of the revised resolution. RECOMMENDED ACTION: Council consider revised resolution for possible adoption. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine adoption of revised resolution is appropriate. 2. Determine adoption of resolution is not appropriate at this time. Citizen Advised: Requested by: Prepared by: Attachments: N/A Vice Mayor Baldwin Candace Horsley, City Manager 1. Resolutions presented at December 5 City Council meeting 2. Revised Resolution. APPROVED: 4:ura. ASRLitter 12a.01 Candace Horsley, City Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING ON THE STATE OF CALIFORNIA TO TAKE CERTAIN ACTIONS TO EFFECTIVELY REDUCE LITTER ON HIGHWAY 101 AND THROUGHOUT THE STATE HIGHWAY SYSTEM WHEREAS State Highway 101 running through the City of Ukiah is suffering an unprecedented level of littering; and WHEREAS this State Highw~ litter within Ukiah City limits reflects negatively on this community and thereby discourages visitors important to our local economy; and WHEREAS State highways throughout northern California beyond Mendocino County are, as well, experiencing an equal deluge of litter;, and WHEREAS this problem reflects a tear in the social fabric and a serious decline in respect for law and community; and WHEREAS 80% of this increased highway litter is waste from the fast food, gas mart, and convenience store industry; and WHEREAS the Adopt-A-Highway has proven ineffective as currently practiced; NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council calls on the State of California to initiate action to effectively reduce litter on our freeways and other highways; and to enact a trial deterrence and enforcement plan to catch, then punish the perpetrators of this deluge of litter on our highways; BE IT FURTHER RESOLVED that this Council calls on State officials to consider funding this initiative by establishing a quarter cent Litter Removal Tax on non gasoline sales at all fast food, gas mart, and convenience stores located within 500 feet of any freeway exit. PASSED AND ADOPTED this RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING ON THE STATE OF CALIFORNIA TO TAKE CERTAIN ACTIONS TO EFFECTIVELY REDUCE LITTER ON HIGHWAY 101 AND THROUGHOUT THE STATE HIGHWAY SYSTEM WHEREAS State Highway 101 running through the City of Ukiah is suffering an unprecedented level of littering; and WHEREAS this State Highway litter within Ukiah City limits reflects negatively on this community and thereby discourages visitors important to our local economy; and WHEREAS State highways throughout northern Califomia beyond Mendocino County are, as well, experiencing an equal deluge of litter, and WI-IEREAS this problem reflects a tear in the social fabric and a serious decline in respect for law and community; and WHEREAS 80% of this increased highway litter is waste from the fast food, gas mart, and convenience store industry; and WHEREAS the privatized Adopt-A-Highway has proven a failure as currently practiced; NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council calls on the State of California to terminate the privatized Adopt-A-Highway program and to retrieve for the State responsibility to effectively reduce litter on our freeways and other highways; and to enact a trial deterrence and enforcement plan to catch, then punish the perpetrators of this deluge of litter on our highways; and BE IT FURTHER RESOLVED that this Council calls on State officials to fund this initiative by establishing a half cent Litter Removal Tax on non gasoline sales at all fast food, gas mart, and convenience stores located within 500 feet of any freeway exit. PASSED AND ADOPTED this RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING ON THE STATE OF CALIFORNIA TO TAKE CERTAIN ACTIONS TO EFFECTIVELY REDUCE LITTER ON HIGHWAY 101 AND THROUGHOUT THE STATE HIGHWAY SYSTEM WHEREAS State Highway 101 running through the City of Ukiah is suffering an unprecedented level of littering; and WHEREAS this State Highway litter within Ukiah City limits reflects negatively on this community and thereby discourages visitors important to our local economy; and WHEREAS State highways throughout northern California are, as well, experiencing an equal deluge of litter; and WHEREAS an increasing amount of highway litter is waste from the fast food, gas mart, and convenience store industry; and WHEREAS the privatized Adopt-A-Highway is, as presently conceived, leaving our highways not only as a littered mess but with ever more invasive commercial logos as well; NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council calls on the State of California to reevaluate the Adopt-A-Highway program and to consider whether or not it can be made to effectively reduce litter on our State freeways and other highways; and BE IT FURTHER RESOLVED that this Council encourages the the State to enact a trial deterrence and enforcement plan to apprehend, then punish the perpetrators of this torrent of litter on our highways PASSED AND ADOPTED this ITEM NO: DATE: December 19, 2001 AGENDA SUMMARY REPORT SUBJECT:ADOPTION OF RESOLUTION SUPPORTING DOWNTOWN REBOUND PLANNING GRANT APPLICATION SUMMARY: Last February, staff submitted a Grant application to the State Department of Housing and Community Development (HCD) for the preparation of a Downtown Infill Housing and Mixed-Use Study. We missed receiving the grant by two points in the HCD scoring system, and are prepared to reapply during the second funding cycle prior to the end of the year. While not required as part of the application material, a supporting Resolution from the City Council can strengthen the application and help us receive the $75,000 grant. A draft Resolution is attached for consideration. Purpose of Study: The Downtown Rebound Planning Grant program provides an opportunity for the City of Ukiah to begin building the foundation for a new and creative approach to addressing the housing issues in our community. The Study will greatly assist our efforts to revise our General Plan Housing Element, which must be certified by the State Department of Housing and Community Development in late 2003. We envision having a vacant and redevelopable site inventory prepared that will include a listing of constraints and opportunities for developing each parcel. The inventory will also focus on those sites that are prime for demolition of older structures and the development of new creatively designed infill housing. (continued on page 2) RECOMMENDED ACTION: Adopt the Resolution supporting the Downtown Rebound planning grant application. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Resolution and provide direction to staff. Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution for Adoption APPROVED: Candace I:-Ior:sley, City M~nager Page 1 The Downtown Infill Housing and Mixed-Use Study would also provide an opportunity to develop a realistic Strategic Plan for promoting and encouraging infill housing on property in and adjacent to our defined downtown area. The Plan would include the identification of properties prime for rezoning to medium and high density residential; sites appropriate for mixed (commercial-residential) land uses; the development of potential financial and regulatory incentives; and strategies for the adaptive reuse of existing structurally sound buildings. If we receive the grant, it is Staff's intention to contract with a professional planning consultant to prepare the Downtown Infill Housing and Mixed-Use Study. We would manage the consulting team, and process the final product through the review and adoption process. RECOMMENDATION: Adopt the Resolution supporting the Downtown Rebound planning grant application. Page 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE DOWNTOWN REBOUND PLANNING GRANT APPLICATION WHEREAS, the City of Ukiah adopted a new General Plan in 1995; and WHEREAS, the State certified the General Plan Housing Element in 1995; and WHEREAS, there is very little vacant residentially zoned land left in the City, and property values and rental prices have risen sharply in the past two years; and WHEREAS, the 2000 census reveals that the local population increased from approximately 15,000 people in January of 1999 to approximately 15,497 in January 2000; and WHEREAS, the incidence of overcrowding in residential units has increased; and WHEREAS, the City recognizes that providing adequate housing for the local citizens is a high priority with many challenges to overcome; and WHEREAS, the City is applying for a Downtown Rebound Planning Grant from the State Department of Housing and Community Development to have a Downtown Infill Housing and Mixed-Use Study prepared; and WHEREAS, the Study will provide an opportunity for the City of Ukiah to begin building the foundation for a new and creative approach to addressing the housing issues in the community; and WHEREAS, The Study will greatly assist the City of Ukiah's efforts to revise the General Plan Housing Element, which must be certified by the State Department of Housing and Community Development in late 2003. Resolution No. Page I of 2 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby declares its interest and support for a Downtown Rebound Planning Grant from the State Department of Housing and Community Development. PASSED AND ADOPTED on this 19th day of December 2001, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Page I of 2 ITEM NO. 10b DATE: December 19, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL REGARDING CITY SECURITY MEASURES BACKGROUND In response to the events of September 11, 2001, all levels of government, from federal to the smallest municipalities, have developed new policies, established and coordinated increased training, and reviewed existing protocols and procedures for emergency response to any type of disaster. In order to ensure the continuation of essential services to our citizens, it is imperative that any emergency is dealt with rapidly, effectively, and with sufficient recovery to guarantee support for on-going City operations. For example, the City of Ukiah has received and implemented new protocols, developed and distributed to local jurisdictions by the State Office of Emergency Services, for handling mail under the potential threat of Anthrax or other biological materials. Through the coordinated efforts of County and local municipal police departments, response training has occurred, and is continuing to be conducted at all operational levels. (Continued on Page 2) RECOMMENDED ACTION: Receive report regarding security measures and provide staff with input relative to additional information to include in current and future seCurity procedures. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager All Departments 1. Educational materials and brochures 2. City of Ukiah Site Plan / APPROVED: ~' '. ~'L..~L./'~ ~ ~'~ Ca'dace H-orsley, City Manager 4:Can:ASRSecure 12.01 -1- Current Planning and Activities The City of Ukiah has developed and implemented plans and training to counter potential terrorist activities and has initiated a series of training sessions for all employees. Though much of this training is a review of existing emergency response and recovery plans, it has given us an opportunity to evaluate how increased awareness can be incorporated into our everyday work routines. Discussed below are the three areas of analysis and preparation, which are the focus of the City's emergency response program, including employee training and response, potential facility and operations threat analysis, and public education and coordination with other agencies. 1. Employee Training and Response A series of training sessions has been initiated for our employees in several areas, including updating procedures for our Emergency Operations Center (EOC), with scheduled trainings at least twice per year to update all Supervisors and Directors. A staff committee has been formed to coordinate the EOC training and develop staff materials from our Emergency Operations Plan. Training has also been provided to our employees through the Police Department for emergency evacuation, how to safely handle bomb threats, violent customers, and other potential threats that could be encountered during the business day. In addition, based on the Council's approval during the June budget hearings, a Request for Proposals has been sent to various vendors to enhance building security through the use of card lock entry system and video cameras at various locations within the building such as the cashier's counter. Written procedures have been developed for various emergency situations and all employees will be able to keep copies of these materials for future reference. Planning ahead of an emergency is key to a successful response, but all employees must follow up with preparedness. To ensure the accomplishment of this goal, training will be conducted on these procedures on an annual basis. 2. Potential Facilities and Operations Threat Analysis All Departments have reviewed and analyzed their respective facilities, operations, and infrastructure to determine potential threats and risk factors. Once these factors were identified, staff began planning for response actions and assessed reasonable preventative measures that may be taken to secure all City facilities and related operations. This effort is focused on balancing the potential risks with an appropriate level of response in providing needed security measures. Where resources are currently lacking, we can fill the gaps through coordination with other agencies and mutual-aid agreements until future budget funding is available. -2- 3. Public Education and Coordination with Other Agencies The City receives daily reports from the Office of Emergency Services at both the state and federal level. These materials are duplicated and released to the appropriate Departments and to the public. Enclosed for your information are two such pamphlets regarding planning and preparing for emergencies, with tips on preparing for terrorism, which have recently been sent to us for distribution to our citizens. City Departments are also coordinating with the County and Mendocino Emergency Services Authority to prepare protocols for biological disasters and other emergencies so the various agencies within the County are coordinated in any response. Health Care has been identified as a critical support function in cases of biological disasters and therefore policies for threat assessment and risk have also been coordinated with various Departments and hospital staff for any future threat or disaster. SUMMARY Although the recent events have been tragic for our nation, they have provided a great stimulus for local government as a whole to improve our analysis, response, and training programs for any type of disastrous event. The City of Ukiah, through the management and expertise of the appropriate staff, is implementing the Emergency Response Program outlined above. Any additional input or direction the Council may offer would be greatly appreciated. -3- © O~ TERRORISM RESPONSE · e/vv0t0 How are local governments planning and training to counter terrorism? By Beth Wade, Managing Editor ust as New York's physical landscape ii was catastrophically altered by the events of Sept. 11, so was the psychic landscape of America's cities and coun- ties. Local governments that had terror- ~sm response plans prior to the attacks are now reviewing their preparedness, and those without plans are taking the first hur- ried steps to produce them. It is a monumental task, but locals are not as far behind the curve as one might imag- ine. Many of the nation's larger cities began planning and training years ago, and they -- along with state and federal agencies -- can provide guidance and technical assistance for others. A terrorism response plan is developed as part of a community's overall emergency man- agement plan, with contingencies for manmade disasters as opposed to natural ones. It makes sense, then, that planning for terrorism begins with a review of existing protocols. "It is appropriate for cities to review their exist- ing emergency response and recovery plans and then seek out best practices from cities of compa- rable size or the next level of government, like a county or a district or a state," says Marcus Aurelius, emergency management coordinator for Phoenix. "That gives them an understanding of the kinds of programs already in existence and how they could incorporate those into their local practice." Communities that are starting from scratch or from outdated plans can begin their planning pro- cess by contacting their states for assistance, says John Clark, emergency management director for Oklahoma City. "Every state has an Office of Emer- gency Management, and they have several plan- ning courses and planning templates that can be fit to individual jurisdictions," he notes. Traditionally, the review process is a function of the community's emergency manager," Aurelius says. "By 'emergency manager' I mean a stand-alone emergency manager or someone (e.g., the sheriff, the police chief, the fire chief or, in some cases, the public works person) with that assigned function. He puts together the initial planning, and that is reviewed by city management to ensure that they know what the practices are and what the respon- sibilities associated with [them] are." Planning will address four major questions: · What is the city's critical infrastructure (e.g., water, electricity, fuel, communications)? · What are the threats to that infrastructure? 2O November 2001 AMERICAN CITY & COUNTY AMERICAt · How vulnerable is the community to those threats? ~ · What is the community's risk (e.g., how likely is it to sustain a major loss)? Once those factors are identified, the emergency manager can begin planning for response and assess- ing the community's resources for equipment and per- sonnel. Input from department heads is critical at both stages, Clark says. "Your three big players are police, fire and public works," Clark notes. "But you're going to [need input] from other departments like transit, water, wastewater, information technology, animal welfare and airports. Oklahoma City has 26 departments, and I requested information from all of them." Clark and Aurelius both note that department heads should supply a list of department positions, arranged in a chain of succession. As was demonstrated at the World Trade Center, the risk of injury or death for first or even second responders is high, and it is critical for incident commanders to know who is in charge at all times. "Sometimes, departments really don't want to [deter- mine succession]," Clark says. "They have two or three or more people on the same lateral level, and they really don't want to choose someone. But [the emergency man- ager] has to know that line because, if someone is killed in the event [or out of town], someone's got to take their place. Continuity of government is imperative; the gov- ernment has to go on, regardless of what happens." Identifying risks is the first step in establishing an Incident Command System (ICS, a protocol for responding to an event and resolving it), and risks will differ from community to community. For one city, major risks may come in the form of an airport or sports stadium, where large numbers of people gather at once; for another, the greatest risk may be a warehouse of vol- atile chemicals in an industrial area. Based on logistics and the type of attack that can be expected incendiary, biological or chemical managers have to plan for response, deter- Emergency Support Functions (ESFs), includ- i:ing the type and quantity of equipment and personnel :needed to manage the event. Initially, managers have to look at home and deter- :. mine their community's response limitations. If resources lacking, they can fill the gaps through coordination ~ ~vith other agencies and through mutual-aid agreements. example, if a community needs a particular piece it might turn first to the county, then to state and then to Federal Emergency Management perform a search, Clark says. may not be necessary to purchase all the equip- id agreements have become common~ management, and .-they provide means for neighboring jurisdictions: to formalize offers of technical and specialty personnel in the'~ ever, communities should not assume that ~ coming without an agreement; they need t6 agreements and keep them on file as part gency management plan, Clark notes. As the ICS is assisting parties will grOw, ure the impact of new According to Joseph for Kansas City, Mo., the tions horizontally (across departments communities, and with : orgamza- tions) and vertically (with state and federal agenCies) Most cities should already be familiar with State a~id federal networking, Aurelius says. "If you have an emer- gency response and recovery plan, you know who you can reach out to and who your contacts are at different The NLD roots The Defense Against Weapons of Mass Destruc- tion Act of 1996, otherwise known as the Nunn-Lugar-Domenici (NLD) legislation, called for a nationwide effort to train first responders for response to terrorist incidents involving weapons of mass destruction. In 1997, the U.S. Department of Defense (DOD) began offering that training under the auspices of the NLD Domestic Preparedness Program. Selecting 120 cities, based primarily on size, the DOD provided a week of training, delivered locally, that focused on first response and hospital pre- paredness. It also provided a six-hour Senior Offi- cials Workshop for each city's mayor and cabinet. The week's finale was a day-long tabletop exercise. (Trainers prepared during that initial week were dispatched to instruct additional personnel in the city, leading up to a second phase of training: a full field exercise.) At the same time, the U.S. Department of Jus- tice (DC)J) was establishing its own, much smaller, training program for EMTs, firefighters and, later, police. The DOJ and DOD programs merged last year, and DOJ now spearheads all response training. At the time of the merger, 68 of the 120 cities had completed their training. Thirty-seven others had received partial training, and the remaining 15 had received no training. Chris Rizzuto, a spokesman for DC)J's Office of Domestic Prepared- ness, says training for those cities will take another two years to complete. ~ AMERICAN CITY ~ COUNTY www. americancityandcounty, com November 2001 Getting started Online resources: · Federal Emergency Management Agency, www.fema.gov/pte.htm · International Association of Emergency Managers, www. iaem.com * U.S. Department of Justice, www. ojp.usdoj.gov/terrorism/whats_new, htm · U.S. Environmental Protection Agency, www. epa.gov/swercepp/cntr~ter, html · The Center for Nonproliferation Studies at the Mon- terey Institute of International Studies provides a list of cities that have received training under the Nunn- Lugar-Domenici Domestic Preparedness Program. It also provides a breakdown of federal agencies that have provided funding for terrorism response measures. CNS, cns.miis.edu/research/cbw/120city, htm. Publications: · '~taxia: The Chemical and Biological Terrorism Threat and the US Response," by Amy Smithson and Leslie- Anne Levy, can be ordered at www. stimson.org. · "Chemical and Biological Terrorism: Research and Development to Improve Civilian Medical Response," published by the National Academies Press. This and other NAP counter-terrorism reports can be read at www. nap.edu/terror. · "Domestic Terrorism: Resources for Local Govern- ment,'' published by the National League of Cities, can be downloaded at www. nlc.org. · "Volume I, Domestic Preparedness Program in the Defense Against Weapons of Mass Destruction," the Department of Defense Report to Congress. It is avail- able for viewing at www. defenselink.mil/pubs/domestic/ toc.html. ~ levels," he notes. "You're supposed to be going to meetings and dealing with your team members so that you have a relationship." However, a terrorism annex will require emergency managers to expand that network. (At last count, approximately 40 fed- eral agencies had some role in domestic terrorism preparedness.) "Start networking with the alphabets in the federal organiza- tion: DOJ, DOD, DOE, DOT," Aurelius says. "Because, in one way or another, they could descend on you to provide assistance, and you need to know how they will fit into the local echelon." The name of the game is Planning, but it is a losing prop- osition unless the players read and practice the final product. "People have to read the plan," Clark says. "They have to know what's in it. If something happens, it's too late to start reading." Emergency managers can help ensure preparedness by for- malizing training, says Billy Zwerschke, president of the Inter- national Association of Emergency Managers, based in Falls Church, Va. "If you don't do an exercise, they won't read it," he warns. Many local governments already are familiar with emergency response training provided through the Emergency Manage- ment Institute, based in Emmitsburg, Md. Ann Simank, a council member in Oklahoma City, credits EMI training for her city's preparedness in the 1994 bombing of the Murrah Federal Building. "That training was invaluable," she says, noting that it included all municipal department heads, representatives of the school system and local business leaders. Oklahoma City later participated in training specific to ter- rorism, provided by the U.S. Department of Defense and the U.S. Department of Justice (see "The NLD Roots" on page 21). That week-long event focused on preparation for response to weapons of mass destruction, Clark says. "The five major areas of study were awareness, ICS, operations, hazmat and hospital- provider," he explains. "It involved police, fire, public works, city officials, the mayor, the city council, hospitals, doctors, nurses, EMS -- everyone. I invited over 350 people from all of the juris- dictions in and around Oklahoma City to participate." Like Oklahoma City, Minneapolis participated in feder- ally sponsored training in 1998. A follow-up field exercise in 1999 involved 200 "victims" across Minneapolis and St. Paul, as well as an Emergency Operations Center exercise for the Minneapolis mayor and city council. As a result, the city identified several deficiencies, especially in communica- tions, equipment and decontamination procedures, says Dick Turner, deputy fire chief for Minneapolis. Since then, the city has staged "some sort of exercise every year," he notes. Oklahoma City practices regularly as well. "You really need to do that, whether the sessions are tabletops or full field functional exercises," he notes. "You ought to make your mis- takes in those exercises and not in the real deal." The DOD/DOJ program emphasizes training the trainer -- meaning that personnel who are trained in those sessions are then certified to instruct others in their communities. Those certified personnel are excellent resources for local governments seeking training assistance, Clark says. For a list of certified trainers in a particular area, emergency manag- ers can contact their state Office of Emergency Management. For additional details about the Domestic Preparedness Pro- gram, they can contact DOJ by calling (800) 368-6498 or by logging on to www. ojp.usdoj.gov/odp. As cities and counties train for terrorism response, a list of universal weaknesses has begun to emerge. Already, com- munications and health care have been identified as critical support functions in desperate need of attention. "Communications is a serious problem," Aurelius notes. "We're fortunate in Phoenix because our fire department dispatches for about 20 different cities in the immediate area, so there are common frequencies. But that's not the case in other places. So communications is an absolute nightmare for most." Among the unlucky is Oklahoma City, where agencies are using different frequencies. "I can't talk to hardly any of the 22 November 2001 AMERICAN CITY & COUNTY _~ad.it," ' .rgency anage- ank, a 'aining of the uable," rtment usiness to ter- nd the tge 21). )nse to ~r areas ospital- ~ks, city nurses, te juris- feder- xercise tnd St. xercise dr, the ~unica- is Dick :n, the otes. ly need tll field ur mis- trainer essions mities. ,r local or a list nanag- :ement. '.ss Pro- '8 or by .', a list y, cam- critical , notes. rtment nediate .~ot the bsolute cies are t of the ~OUNTY suburbs," Clark says. "Police can't talk to fire; fire can't talk to public works; we can't talk to the ambulances." Having recently passed a bond issue to address the prob- lem, the city is in the process of developing an 800 Mega- hertz communications system for the area. However, that points up another problem, Clark says. "Cities have to have redundant systems," he notes. "Even when we get the new system, it can go down. We need backup systems. That is a problem for everybody, including Oklahoma City." Backup of another sort is the major problem for health care. Over the years, hospitals have honed their staffs and capacity according to average numbers of patients and types of traumas typically seen. "There is no surge capacity left in the local communities," Waeckerle explains. Perhaps because of that, the U.S. Department of Health and Human Services is funding the development of Metropolitan Medical Response Systems (MMRSs) in several cities. Similar to an ICS, the MMRS establishes a protocol for cities and medi- cal personnel to manage a mass-casualty event. Minneapolis, Phoenix and Oklahoma City have participated in the MMRS program, and they will incorporate the resulting protocols into their overall emergency response and recovery plans. Of course, funding any type of emergency response is dif- ficult, and terrorism response can be especially expensive. Pharmaceuticals, protective suits, breathing apparatuses and communication gear -- just to name a few of the items needed -- carry hefty price tags, and some of them have to be replenished after one use. (Pharmaceuticals have to be replaced when they are used or expire, and decontamination suits, which can cost thousands of dollars each, are designed for one-time use.) Cities that participated in federally sponsored training received money for equipment purchases, but they will retain the cost of ongoing training and equipment maintenance. According to Aurelius, the federal government remains the most likely source of funding for any community that is plan- ning or outfitting a terrorism response plan. Resources have been bolstered with the recent allocation of billions of dol- lars for terrorism preparedness. Although funding is an open question for most communi- ties, local governments cannot afford to ignore the changing landscape. The resources for helping them create or revise their plans are available -- for free -- from a variety of sources, including neighboring jurisdictions, states and the federal government (see "Getting Started" on page 22). ~ Scott Baltic, a Chicago-based freelancer, contributed to this article. Free literature or video. Call 800-247-2464 On-line: www. cementech.com Whether it's a new sidewalk, a culvert repair, or a roadway patch, you need short loads every day. But there's no shorting the quality. That's why municipalities across the U.S. turn to CemenTech. Our mobile concrete dispensers let you make concrete where you want it, when you want it and in just the right amounts. "We have a need for several short loads a week and timely delivery is important to not only the staff with the City of Fayetteville, AR, but its residents." Randy Allen, City of Fayetteville, AR "CemenTech has been very helpful in accommodating the specific needs of the Dept. of Public Works." Brian Winslett, City of Shaker Heights AMERICAN C1TY & COUNTY Circle No. 45 on Reader Service Card November 2001 23 City of Ukiah Site Plan December 2001 City of Ukiah Site Plan INTRODUCTION A. PURPOSE: The purpose of this Site Plan is to provide essential emergency information to all persons who work inside the City of Ukiah Civic Center, located at 300 Seminary Avenue, Ukiah, California. The plan not only provides for the well-being of the site occupants, but also enhances the City of Ukiah's Emergency Plan. B. BACKGROUND: With the initiation of the City Emergency Plan and the development of the Emergency Operations Center (EOC) in the facility, it has become imperative that any emergency is dealt with rapidly, effectively and with sufficient recovery to support the remainder of the city government. C. SCOPE: The site plan is restricted to immediate responses as the result of an emergency occurring on the Civic Center premises. It is designed to save lives and minimize injury. It is not a replacement for the City Emergency Plan, which addresses disasters on a much larger scale. The plan does not preclude the use of the City Emergency Plan, since a major event on the premises would probably affect the operations of the entire City. D. RESPONSIBILITIES: Except for specific functions outlined later in this document, it is the responsibility of every supervisor to assure that all employees are familiar with the procedures outlined here and periodically test skill levels. It is the responsibility of every employee to be knowledgeable about the emergency responses outlined here and to use the plan as a reference during an actual emergency. It is the responsibility of the City's Emergency Operations Center Committee to periodically review, revise and test the procedures to determine their conformance with current laws and rules, and test their effectiveness in dealing with sedous incidents. City of Ukiah ...... __Si!e Plan I. FIRE PROCEDURES IMMEDIATE ACTIONS A. ALARM: There is no alarm system within the main building. Any alarm given will be through the public address/paging system or by word of mouth. If the fire is an immediate threat due to size or location: 1. Proceed quickly and calmly to the nearest exit and evacuate. DO NOT attempt to evacuate any properly or personal items not in your immediate possession. 2. Exit the building and proceed to a safe assembly area. The designated areas are: a~ PRIMARY ASSEMBLY POINT will be the front parking lot on the East side of the Civic Center. b. SECONDARY ASSEMBLY POINT will be the rear parking lot on the West side of the Civic Center. 3. Once you have assembled in the assembly area, stay with the group and await fudher instructions. All personnel will join at the Primary Assembly Point or the Secondary Assembly Point based upon the situation. There will be a roll call. When the building is found safe, you will be instructed to return. B. . At the assembly point, all employees will be accounted for by their immediate supervisors. All employee roll calls will be repoded to the communications (dispatch) center including any employee unaccounted for. YOU DISCOVER A FIRE' In the event you are present when a fire occurs, or you find one: 1. REMAIN CALM. Remember the "Three C's"' CLEAR the area of all persons in the immediate area of danger. CALL the Fire Depadment (9-9-1-1 or ext. 6262) CONFINE the fire, if possible, by closing doors to contain the spread of the fire. At this time you can attempt to extinguish SMALL fires ONLY. o SOUND THE ALARM. Use the paging system and use word of mouth. City of Ukiah Site Plan 3. NOTIFY THE FIRE DEPARTMENT. . EVACUATE THE BUILDING and repeal to the appropriate assembly area. C. CITIZENS AND PHYSICALLY IMPAIRED PERSONS: There may be physically impaired persons inside the facility dudng an emergency. If they are escoded guests or prisoners, the person sponsoring them will escod them. If the person is not being escoded or in a public area, then the nearest department employee will automatically be responsible for escorting the individual from the building through the closest safe exit. D. SAFETY RULES: 1. WALK- DON'T RUN. . REACT IMMEDIATELY TO ALARMS - Do not assume they are false. 3. REMAIN CALM. . CLOSE DOORS BEHIND YOU, IF YOU ARE THE LAST ONE OUT. 5. IF YOU ENCOUNTER SMOKE - STAY LOW. o If you must open a closed door- FEEL THE DOOR WITH THE BACK OF YOUR HAND. IF IT FEELS WARM - DO NOT OPEN. 7. STAY TO THE RIGHT in halls and passageways. . Check rooms and STORAGE areas on the way out to make sure someone did not get lost or disoriented by fear or panic. 9. CLOSE VAULTS OR AREAS THAT STORE VALUABLES. City of Ukiah Site Plan II. EARTHQUAKE PROCEDURES A. GENERAL: 1. THE THREAT: There have been numerous earthquakes in the three to four magnitude range in the surrounding areas. Although the area has not experienced a very strong earthquake in decades, damage to structures and roads along the Highway 101 corridor could severely impact the area. The California Division of Mines and Geology estimates the probability of a 7.0. or larger earthquake at over 50% in the next 30 years. 2. PREPAREDNESS: It is imperative that every person, every family, every employer and every location be ready for this event. The rule of thumb for years has been "be ready to survive for 72 hours without help." That was the estimated time it would take before emergency services personnel could arrive to help. Experience indicates that a FIVE-day period is more likely- so prepare for at least SEVEN. Remember, the people who work in this facility ARE the emergency service personnel the entire community depends upon. It is incumbent on us as individuals and as a team to be capable of surviving the event, securing our own families and respond to the needs of the less fortunate in minutes - not hours or days. B. BEFORE THE EARTHQUAKE: Earthquakes happen without warning. You must identify in advance what hazards can be eliminated or reduced to eliminate death or injury at home and in the work place. . CAUSES OF INJURY/DEATH: caused by: Most injuries and deaths are ao Falling ceilings, tiles and/or light fixtures, unsecured appliances and heavy objects. b. Falling pictures, plaster, bdcks and mirrors. c. Fallen power lines. d. Fires resulting from broken gas lines or spilling/leaking of flammable liquids. City_ of Ukiah Site Plan 2. PREVENTIVE MEASURES: There are a great number of actions you can take at home and at work, which will reduce the possibility of injury and damage to you, your family and co-workers. It is impodant that any action you take is not a "One time fix" but rather a continual effod to improve conditions and survivability. Some of the positive steps you Can take include: 4 Evaluate your home and work place and identify anything that could be thrown about by the force of an eadhquake. b. Secure book cases, filing cabinets, large appliances and similar items to studs in the wall to keep them from flying across the room or "creeping" into dangerous areas. Co Remove loose objects stacked on the top of filing cabinets - keeping a neat area really does help. Decorative items, or small machines should be secured with some form of restraint. do Secure typewriters, computers, televisions and kitchen appliances with special tapes or other restraining devices. It will protect you and also reduce the possibility of damage to the items. eo Use curtains, blinds or plastic coatings to reduce the possibility of flying glass from broken windows. Store emergency supplies and equipment in a location, which is likely to survive, and will be easy to reach, even with damage to the site. This should include a fire extinguisher. go Have a set of clothing available which would be suitable for living and working in a hazardous area. This should include: sturdy shoes, trousers, long sleeve shid, socks, work gloves, a dust mask and safety goggles. Include them in your emergency kit. h. Prepare a cache of essential survival items for your home, vehicle, and work place. Include supplies of any prescription drugs and spare eyeglasses (the last pair you replaced). City of Ukiah Site Plan C. DURING AN EARTHQUAKE: What you do during the few seconds an eadhquake occurs could mean the difference between life and death. It is extremely important that you practice at work and at home so your reactions become automatic. 1. Remain calm. Do not panic (it is contagious). . Act quickly- not recklessly. Move away from windows or glass partitions. DUCK Get as Iow as you can and use taller objects like desks and tables to protect you. COVER Cover your head and neck with your hands. Get underneath a desk or table for added protection. HOLD Hold onto the object you are using for protection so you move with it and it does not become something that begins to hit you. DO NOT RUN OUTSIDE DURING AN EARTHQUAKE. FALLING OBJECTS MAY HIT YOU. . If you are in an open area or hallway, move to an intedor wall. Lean against it and then lean forward. Cover your head and neck with your hands. . If you are outside, move away from buildings, walls, poles, and power lines. If you are ddving, pull to the side of the road and stop. Make sure the area is clear before you proceed. D. AFTER THE EARTHQUAKE: Be prepared for aftershocks and go through the same DUCK, COVER, HOLD process each time they occur. Remember, aftershocks may not be as strong, but they can cause as much or more damage than the odginal event - everything is weaker. Do not go outside immediately, unless you are in extreme danger, due to collapse, fire, water leaks, sewer leaks, or gas leaks. Do the following: 1. Make a quick check in the immediate area for injured or trapped persons. Provide emergency first aid as needed. Do not move seriously injured persons unless they are in immediate danger. Call for assistance. City of Ukiah Site Plan o Check for safety hazards. Survey around your location. If possible, correct any problems or dangerous conditions. Check for the following: Fire, loose wires, smoke, broken pipes, leaks, damaged ceiling fixtures and structural damage. Report your findings to a supervisor. . Upon direction, evacuate the building. If the building has been cleared for use by proper authority, then make any effort you can to help restore emergency services. E. CONTACTING YOUR FAMILY: If you are on duty at the time a major earthquake occurs, you may be asked to stay on duty until released. You will want to contact your family to make sure that they have survived and are able to cope with the situation. It may be difficult to call because telephone lines will be congested, or have been destroyed. Sometimes, the phone company will intentionally block lines to avoid overloading circuits. o At the first opportunity, you should attempt to contact your family. Remind them of the emergency procedures they should follow and where they should go if they need help. This should be part of your family emergency plan. . If you are not able to complete a local call, or one within the state, you may be able to call long distance. Part of your family emergency plan should include calling an out-of-state fdend or relative who will relay information between those who call-in periodically. . If you are not able to make any contact, then advise your supervisor. Part of the City's Emergency Plan requires the department to contact families of on-duty personnel either by telephone, messenger or assistance from another agency. Any message you wish delivered (brief) should be given to the supervisor. When your family is contacted, you will be advised of their status and location. . If your family has been forced from their residence because of danger or damage, they may come to the City and report to the Civic Center or our Evacuation Center. The City Emergency plan requires the City to support displaced employee families until they are able to make better arrangements. City of Ukiah Site Plan o If your family is not able to make it to Ukiah's shelter, then they should go to the nearest public shelter and register with the American Red Cross. The American Red Cross will establish a Iocator file and message system, which will eventually provide you with basic information on family status. . If you have children who attend school, and may be isolated for a period of time, the school should also have the out-of-state contact number. Your children should know that part of the City Emergency Plan requires the department to contact families of on-duty personnel either by telephone, messenger or assistance from another agency. City of Ukiah Site Plan III. BOMB THREAT/TERRORIST ACTIVITY/SUSPICIOUS MAIL OR PACKAGE A. GENERAL: There is a possibility that you could receive a threat while at work. Civic Centers, Police Departments and Fire Departments sometimes become a "favorite" target for certain individuals or groups. Although the majority of threats are false, they should ALL be taken seriously. Planning and proper actions at the time can avert a potentially dangerous situation. People involved in the use of threats can be classified into four categories: . TERRORISTS - intent on achieving recognition of their goals or group. . CRIMINALS - to gain access to something or cover up another action. . DISGRUNTLED PERSONS - expressing their resentment of a company or person for a real or imagined insult. . MENTALLY DERANGED- expressing a grudge against an individual or group, or may simply delight in the reactions to their threat. B. ACTIONS: Many authorities do not recommend evacuation of a building because the movement itself may cause more injury. Experience has shown that pranksters or disturbed persons generally make the calls. However, a search should be conducted. Evacuation of the facility will be at the discretion of the senior person available. However, if a suspicious object is located, or if a suspicious object has not been located, but the caller has indicated a detonation time, the building should probably be evacuated. Personnel should not re-enter the facility until 30 minutes after the indicated detonation time. 10 City of Ukiah Site Plan C. TELEPHONE THREATS: The majority of bomb threats are made by telephone. When the call is received, the person getting the call should get as much information as possible. Do NOT put the caller on "HOLD" or tell them to wait for someone else to come to the telephone. The proper collection of information will assist in the determining the proper course of action and also assist with the investigation. TAKE NOTES and ask the following questions: 1. When is the bomb going to explode? 2. Where is the device right now? 3. What does it look like? 4. Who are you? 5. Why are you doing this? 6. Is there something I can do to help you? It is very important that the person receiving the call encourage the continuation of the conversation to get as much information as possible. Remain calm, friendly and congenial. TAKE NOTES during the conversation. Try to get answers to: WHEN, WHERE, WHAT, WHO and WHY. Have the caller repeat as much information as possible. Take note of any background noises, other voices, and accents. Upon completion of the call, notify your supervisor or senior person in the building. Write down you observations IMMEDIATELY and pass the information to the investigating officer as soon as possible. During the course of the conversation, you should try to gain the attention of another employee and inform them of the circumstances so action can be initiated as soon as possible. 11 City of Ukiah Site Plan D. MAIL THREATS: If the threat is received through the mail, the letter or materials should be preserved for the investigation. In addition to threats, you should be aware of packages that contain a foreign object or material. DO NOT HANDLE any item once you realize what it is. Immediately notify a supervisor and initiate an investigation. There are certain indicators, which may give you a warning before you open the mail or package: Make sure to use common sense and your experience while scanning mail. I · Foreign mails or Special Delivery (especially not through the Post Office). 2. Restrictive markings such as: Confidential, Personal, etc. 3. Excessive postage. 4. Stains or discoloration on the outside packaging. 5. No return address, or fictitious address. 6. Protruding wires, foil wraps or unusual lumps and bulges. E. SEARCHES: When a bomb threat is received, you may be asked to search your own work area and assist with other portions of the facility. The reason you will be asked is because you are the most familiar with the items normally located there. You will be looking for something out of place. You should conduct the search as discretely as possible. The fewer people who realize what is occurring, the less likely there will be associated problems. 1. WHERE TO SEARCH: The search should start where you would begin to conduct a "Fire Evacuation" search. Begin by circling your immediate area and then work toward the center of the room. Coordinate your actions with anyone else occupying the office or room. Make sure you overlap. DO NOT ASSUME anything. Do not rush the search, you may miss something. You are looking for something "out of the ordinary" or that "does not belong". Question anything. Get an answer or explanation. If there is none, consider the object suspicious. 2. HOW TO SEARCH: Use a pattern for your search· Overlap and repeat. Start at floor level and search to waist level. Go back to the same area and search from waist level to eye level. Go back once again and search from eye level to the ceiling. Make sure you are looking carefully. Don't just scan. 12 City of Ukiah Site Plan All portions of the facility must be searched thoroughly. Police personnel should be involved in supervising and conducting the search. Include the following areas in the search: a. Restrooms - Search stall areas, trash bins and rest areas. bo Conference rooms - Search under fumiture, on top of cabinets, inside drawers, behind curtains, etc. C. General Office Areas - Search under furniture, on top of and inside desks and cabinets, under counters, and inside boxes. 3. WHAT TO LOOK FOR: When searching for a suspicious object, look for anything out of the ordinary or out of place. Always keep in mind that the design of the bomb depends solely on the imagination of its builder. It could be a briefcase, lunch box, thermos, teddy bear or a book. Bombs may also be disguised as a letter or package and mailed directly to the intended victim. Letter bombs are usually designed to detonate only when opened. Some of the items, which should gain your attention, include: Packages/bags Pieces of pipe Suitcases Books Packs of Cigarettes Boxes (lunch, shoe, etc.) Brief cases Thermoses Flashlights Purses/Wallets o FINDING A SUSPICIOUS OBJECT: If a suspicious object is found, observe the following precautions: 1. Do not 2. Do not 3. Do not 4. Do not 5. Do not 6. Do not 7. Do not 8. 9. 10. touch, jar, shake or move. attempt to open. lift a cover of a box or package. cut or untie a string around a box or package. turn a cylindrical object. unscrew a cover or cap. transmit on any radio. Do not cover or uncover the object CALL DISPATCH AND LET THE BOMB SQUAD TAKE CARE OF THE OBJECT. ISOLATE THE AREA AND DO NOT LET ANYONE "INVESTIGATE" THE OBJECT. 13 · City of Ukiah Site Plan IV. CIVIL DISTURBANCES A. GENERAL: 1. Civil disturbances may take a variety of forms. They may include picketing, marches, demonstrations, riots and sometimes sabotage. Civil disobedience is not unlawful in itself; however, when lives and property become threatened, a higher level of reaction is necessary. Planned or not, there is always the possibility of escalation to the point of a major incident. Serious situations can be minimized or avoided by prompt action. Pre-planning and training is essential. 2. There is a possibility that there will be advanced warning. Posters, handouts, telephone calls, remarks on local radios/TV stations, and warnings from concerned citizens are probable sources. Any employee who becomes aware of such information should advise a supervisor immediately. The information can be used to estimate the seriousness of the threat to the facility to include, size, duration and likelihood of involvement. B. PREPARATION: Employees should be prepared to cope with a civil disturbance at all times. Persons working in the building need to be especially aware, since they will be the first line of defense in minimizing the impact. Prepatory steps include: 1. AWARENESS: Maintain an awareness of current events affecting the Civic Center, or law enforcement in general which may result in some sort of protest at or near the facility. 2. OBSERVATION: Always be aware of persons or vehicles around the facility - especially those that seem out of place. Note any gathering of people who are not conducting business inside. 3. SECURITY: Know the location of locks and how they operate so the building may be secured immediately. Ensure that emergency equipment in your area is inspected periodically to make sure they will work when needed. 14 City of Ukiah Site Plan C. DURING A DISTURBANCE: Specific action to be taken will depend on the type and seriousness of the event. The level of action or reaction will rest on the judgment of the supervisor present. No employee should attempt to resolve the situation alone. 1. NOTIFY: When it becomes evident that some sort of disturbance is or is about to occur, notify a supervisor and the Police Department immediately. Describe the size and demeanor of the demonstration and any equipment or materials you have observed. 2. SECURE: Secure the building by closing windows, locking doors and spreading a quiet alert throughout the facility. If the group is gathered outside, but does not appear intent on invadi~qg the facility, it will be the discretion of the senior person present whether to admit anyone into the building, or let uniformed officers provide services outside the doors. 3. AVOID CONTACT: Avoid contact with the individuals involved. Unnecessary or inappropriate comments could lead to arguments and an escalation in activity. Let officers assigned to the incident handle the situation. Do not participate unless asked to help. 4. DENY ACCESS: It is important to deny access to the building by demonstrators. There are very few internal barriers and once inside, a large group would be very difficult to manage. If demonstrators do enter the facility, take immediate steps to protect employees, visitors and property. Notify dispatch. Tactfully request that the demonstrators leave the building and suggest a gathering point outside which might serve their purpose. 5. AVOID OVER REACTING: Remain calm and collected. If you show any fear or panic, it will only encourage the demonstrators. Conversely, do not become ovedy aggressive. A combative stance may also inspire the demonstrators to act more violently. If you cannot talk them out of the building, let uniformed officers resolve the matter. 6. EVACUATION: If demonstrators begin rioting, or weapons are seen, immediately lock all doors, and move away from windows and glassed areas. Get out of sight. If the decision is made to evacuate the building, exit from the doors furthest away from the demonstrators. Make sure that they have not surrounded the facility, first. You should meet at a pre-determined point to wait for further instructions. 15 City of Ukiah Site Plan 7. STAYING IN PLACE: If violence erupts and you are not able to evacuate, move away from all windows and close all draperies and blinds. Move to the safest area available taking fire extinguishers, first aid supplies and defensive materials with you. Notify Communications of your location. Be prepared to move rapidly to another location. DO NOT MAKE ANY PHYSICAL CONTACT WITH THE DEMONSTRATORS UNLESS IT IS ABSOLUTELY NECESSARY TO CLOSE A DOOR OR FREE SOMEONE WHO IS IN DANGER. D. AFTER A DEMONSTRATION: After a demonstration is over, do not assume the danger has passed. There is a possibility that booby traps or other devices have been left behind. If the building was invaded, there is the possibility that property was stolen or access was gained to confidential information. 1. SEARCH: After the area has been secured, search your work area or the outside of the building for any weapons, booby traps, unusual packages, or other out of place items. If you locate anything, report it to a supervisor. Any packages or unusual items should be treated as a bomb. After the search is complete, the area may be declared SAFE. 2. INSPECT: Inspect your work area for any damage or missing items. Report the results to your supervisor so the information may be included on a police report. Any breach of confidential information should be reported to the supervisor in charge of that information. 3. REPAIR: Repair any damage that you can and restore normal operations as soon as possible. Work Orders and Purchase Orders should be completed by a supervisor as soon as possible. 4. DEBRIEF: Employees involved in the incident should be debriefed within 24 hours. The debriefing may reveal additional investigative leads. More important, it will permit employees to discuss that incident and evaluate the actions taken. The lessons learned should be recorded in an after-action report and used for later training and improvement to the plan. 16 ~ of Ukiah Site Plan V. EVACUATION PROCEDURES A. EVACUATION GUIDELINES: Evacuation or padial evacuation is the emergency movement of people to a safe location either within or outside a building. It is best accomplished under supervision. There are several different types of movement: 1. EVACUATION: Involves leaving the building. 2. RELOCATION: The movement of person across the same floor to a safe area or escape site. B. EVACUATION EXECUTION: Evacuation of the facility will be at the discretion of the senior person available. The Police and Fire Depadments have concurrent jurisdiction in emergencies involving the evacuation of the Civic Center and will attempt to coordinate their decision to evacuate or relocate personnel with the City Manager's Office. As a practical matter, decisions whether to relocate personnel or evacuate the Civic Center may be made by the senior personnel of the agency with pdmary responsibility at the scene of the incident in a crisis situation. C. EVACUATION TO ASSEMBLY POINT: In the event of a complete or partial evacuation of the Civic Center, employees will assemble at a Pre-designated assembly point. . Proceed quickly and calmly to the nearest exit and prepare to evacuate. DO NOT attempt to evacuate any property or personal items not in your immediate possession. 2. Exit the building and proceed to a safe assembly area. The designated areas are: a4 PRIMARY ASSEMBLY POINT will be the front parking lot on the East side of the Civic Center. bo SECONDARY ASSEMBLY POINT will be the back parking lot on the West side of the Civic Center. . Once you have assembled in the assembly area, stay with the group and await fudher instructions. There will be a roll call. When the building is found safe, you will be instructed to return. 17 City of Ukiah Site Plan . At the assembly point, all employees will be accounted for by their immediate supervisors. All employee roll calls will be reported to the communications (dispatch) center including any employee unaccounted for. D. SAFETY RULES: 1. WALK- DON'T RUN. . REACT IMMEDIATELY TO ALARMS - Do not assume they are false. 3. REMAIN CALM. . CLOSE DOORS BEHIND YOU, IF YOU ARE THE LAST ONE OUT. 5. IF YOU ENCOUNTER SMOKE - STAY LOW. . If you must open a closed door - FEEL THE DOOR WITH THE BACK OF YOUR HAND. IF IT FEELS WARM - DO NOT OPEN. 7. STAY TO THE RIGHT in halls and passageways. . Check rooms and STORAGE areas on the way out to make sure someone did not get lost or disoriented by fear or panic. E. CITIZENS AND PHYSICALLY IMPAIRED PERSONS: There may be physically impaired persons inside the facility during an emergency. If they are escorted guests or prisoners, the person sponsoring them will escort them. If the person is not being escorted or is in a public area, then the nearest department employee will automatically be responsible for escorting the individual from the building. F. EVACUATION CENTERS: In the event that an evacuation of the Civic Center is needed for an extended pedod of time, an evacuation center will be established for all city employees. All essential city operations will be moved to the evacuation center including an Emergency Operations Center, Mobile Communications Center and other cdtical services, Electric Department Operations, Water Department Operations, Street Department Operations, and any other operational departments cdtical to servicing the City and the Community. 1. Ukiah Conference Center- Ist Option for Evacuation Center. 2. Todd Grove Room - 2"d Option for Evacuation Center. 18 City of Ukiah Site Plan G. COMMUNICATIONS (DISPATCH) CENTER EVACUATION: In the event that it is necessary to evacuate the City of Ukiah's Communication Center, a number of procedures should be put into place if time allows. (Steps to be taken by the Communications Center Personnel) 1. Notify Willits Police Department of the evacuation and have Willits Police Department take over the answering of all 911 emergency telephone traffic. 2. Activate the Mobile Communications Vehicle prior to evacuating. 3. Activate Call Forwarding for 463-6262 to a Mobile Communications Vehicle Cell Phone. 4. Notify Surrounding Police and Fire Agencies of the Evacuation. 5. Establish the Mobile Communications Vehicle at the designated Evacuation Center. H. HAZARDOUS MATERIAL INCIDENTS: The following evacuation procedures are unique to hazardous matedal incidents. A perimeter will be established around a Hazardous Material Incident. Only trained and authorized personnel will be allowed entrance into the area. All entrance into the scene will be controlled from a single entrance point. If- employees or citizens have been exposed to hazardous materials, an emergency decontamination procedure will be established prior to transportation to the hospital. 19 City of Ukiah Site Plan EVACUATION PROCEDURES CHECKLIST: (Steps to be taken by the scene supervisor) 1. Who declared the emergency 2. Establish a command post 3. Prepare a situation estimate, including: a. Location of the crisis b. Type of crisis c. Actual area involved d. Potential area for involvement e. Entrance / Exit routes for emergency services f. Number of emergency personnel needed 4. Determine location of evacuation center 5. Prepare evacuation notice, including: a. Type of evacuation b. Best available routes out of the area c. Location of the evacuation center d. Anticipated duration of the crisis e. Time remaining before the situation becomes critical 2O Site Plan City of Ukiah INDEX: Introduction ................................................................ Purpose Background Scope Responsibilities I. Fire Procedures ...................................................... Immediate Actions II. Earthquake Procedures ........................................... General Before the Earthquake During an Earthquake After an Earthquake Contacting Your Family III. Bomb Threat / Terrorist Activity / Suspicious Mail or Package General Actions Telephone Threats Mail Threats Searches 10 IV. Civil Disturbances .................................................... General Preparation During a Disturbance After a Demonstration V. Evacuation Procedures ............................................. Guidelines Execution Staging Points Safety Rules Citizens / Physically Impaired Persons Evacuation Centers Communications Center Evacuation Hazardous Material Incidents Supervisor Checklist 14 17 21 ITEM NO. lo¢ AGENDA SUMMARY DATE: December 19, 2001 REPORT SUBJECT: DISCUSSION OF WATER ISSUES FOR MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION VIDEO The City received a letter from Janet Pauli, Chair of the Inland Water and Power Commission (IWPC) regarding the production of a 15 to 20 minute video that can be used for public education on the various water issues in our valley. She is requesting each of the member agencies of IWPC to prepare a brief list of prioritized issues for the video. Some of the substantial and critical issues that have been discussed by IWPC over the last several years include the PG&E Potter Valley Project and Eel River diversion, the endangered species designations that have recently been placed on fish in the Russian River, and most recently, the issues with the Russian River Flood Control and Water Conservation District. The City of Ukiah also has several issues that are of priority, including the need for 3.5 million gallons of additional water reservoir space and the impending expansion of the water plant facility due to the loss of capacity in the City's wells. George Borecky, the City's Water/Sewer Operations Superintendent, will be in attendance at the Council meeting to discuss these issues with the Council and to answer any questions you may have regarding our water operations. Though the City's specific issues with its reserve capacity may not be of particular value for the video, it will be a good opportunity to learn more about our water system while we are discussing what would be appropriate to recommend as topics for the IWPC video. RECOMMENDED ACTION: After discussion, Council advise staff regarding desires for content of IWPC video. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine participation in the IWPC video is not necessary at this time. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A IWPC Candace Horsley, City Manager George Borecky, Water/Sewer Operations Superintendent Letter, dated November 12, 2001, from Janet Pauli APPROVED" ,...~'~'JJ~ ~ (A Candace Hor'sle'-~, (~it~Manager 4:Can:ASP. WaterZ2.0! Mendocino County Inland Water and Power Commission P.O. Box 751 Ukiah, CA 95482 (707) 462-1961, FAX (707) 462-5681 November 12, 2001 Phil Ashiku, Mayor City of Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Ashiku and City Councilmen, As a member of the Mendocino County Inland Water and Power Commission (IWPC) you are aware that we were formed to protect our current water ~upplies and water rights, and to look to the future by securing the water rights and developing new water necessary for our communities. Over the last five years we have successfully represented and protected our water supply during the ongoing Potter Valley Project license amendment process. We have been proactive in representing you during the Pacific Gas and Electric Company's (PG&E) divestiture attempt, the ESA Section 7 cOnsultations on both the Eel River and the Russian River and in the pursuit of Federal funding for the Army Corp of Engineer's reconnaissance and feasibility study for increasing storage in Lake Mendocino (which was recently budgeted for fiscal year 2002!). We are continuing to closely watch the PG&E bankruptcy filing. The issues we have dealt with to date are ongoing and, unfortunately, we will be facing new, and increasingly difficult water issues in the near future. Some of the concerns we deal with are unique to each of our agencies and may not ever come to the IWPC, but our mutual concerns require continued and increased vigilance. Bedause of this, I believe we have an important role to play beyond communications with agencies that control water rights and compliance. We are involved day to day with the urgency of our water situation and the issues are very clear to us. This is not always the case, however, for our constituents. Often we find that the public lacks understanding of our history and the water needs of our communities. The IWPC has always been a forum for public comment, and now we feel it is important to expand that role to one of actively communicating with and educating the people we represent. Towards that goal we will be producing a 15-20 minute video that can be used in any public forum in the county. The video will give a brief history, the current water situation and clearly define our mutual concerns'regarding the future. We need to start telling the story.of our water. .. I have written this letter to ask each of the member agencies of the IWPC to prepare a brief report, or list, of prioritized issues. This will help us produce the format and clearly AGENDA SUMMARY ITEM NO. 10ct DATE: December 19, 2001 REPORT SUBJECT: DISCUSSION OF CANCELLATION OF JANUARY 2, 2002 CITY COUNCIL MEETING Due to the Christmas and New Years Eve holidays, I am requesting Council's consideration of canceling the January 2, 2002 Regular City Council meeting. After polling each of the Directors relative to any critical items of business for their Departments, it appears there are no pressing items that cannot be scheduled for either the December 19, 2001, or January 16, 2002 City Council meetings. Therefore, staff is recommending cancellation of the January 2 meeting to avoid conflicts surrounding this busy holiday where individuals on the City Council as well as staff may be traveling out of town. RECOMMENDED ACTION: Cancel January 2, 2002 City Council meeting ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine meeting is necessary and take no action. 2. Determine alternate date and time to conduct City Council meeting and advise staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: As appropriate City Manager Candace Horsley, City Manager Department Directors None. APPROVED: L~-'"~~_ 4:Ca,:^s,c,n~2.02 Candace Horsley, City,Manager November 12, 2001, Page 2. delineate our most important concerns for the narrative of the video. This will also give us a starting point for the production of a series of articles and public meetings in which we can go into more depth as we continue to tell the story. After all, collectively, we are the story of water!! This will very likely be the first in a series of requests for information as we progress towards telling the story as completely as we can. Please provide your comments to the IWPC at the address above or give them to your Commission representative. Thank you in advance for your timely response. Sincerely, .,.,,/Janet K.F.Pauli, Chairman cc: Candace Horsley, Ukiah City Manager