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HomeMy WebLinkAbout2005-01-19 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 19, 2005 6:30 p.m. 4:30 - 6:00 P.M. - WATER WORKSHOP 1. ROLL CALL 2. PLEDGE OF.ALLEGIANCE 3. PROCLAMATION/INTRODUCTION/SPECIAL PRESENTATION a. Proclamation Supporting the Martin Luther King Day Event on January 16 & 17, 2005 b. Introduction of New Associate Planner Sandra Liston c. Special Presentation 4. APPROVAL OF MINUTES a. Regular Meeting of December 15, 2004 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of December 2004 b. Adoption of Ordinances Regulating Pan Handling and Camping in the City of Ukiah c. Adoption of Resolution Approving Records Destruction d. Approval of Contract Addendum with EBA Engineering for Environmental Services at the Former Leslie Street Gas Plant e. Award of Bid of Approximately 70 Dry Tons of 30% Sodium Hydroxide(Caustic Soda) From Pioneer Americas, Inc. for $550.00/Dry Ton f. Award Purchase of Sodium Hypochlorite, 12.5% Solution to Pioneer America's Inc. in the Amount of $58,444.00 g. Authorize Execution of Amendment No. 9 to the Agreement with EBA Engineering in an Amount Not to Exceed $8,437 for Preparation of Feasibility Study / Corrective Action Plan at the Corporation Yard and Approve Budget Amendment in the Amount of $8,437 h. Approval of Lease with Gary Gallo, DBA Ukiah Equipment Repair for a Portion of the Ukiah Municipal Airport and Authorization of City Manager to Execute Agreement 1 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. UNFINISHED BUSINESS a. Consideration and Adoption of Resolution Establishing Policies for Amplified Sound in Parks and Outdoor City Owned Facilities b. Continued Item: Approve Amendments to the Ordinance as Introduced Amending Section 1985, 6058, and 6060 of the Ukiah City Code Regarding Noise Regulations c. Discussion of Possible Sales Tax Ballot Measure d. Authorization to Proceed with Adoption of Zoning Ordinance Regulating the Growing of Marijuana in the City Limits Sm NEW BUSINESS a. Consideration of Applicants for Community Development Block Grant General Allocation Funds and Authorization to Submit a Grant Application b. Adoption of Resolution of the City Council of the City of Ukiah Endorsing Application for an Urban Streams Restoration Grant and Determining Appropriate Environmental Impact Document, Conditionally Accepting Grant if Offered, and Designating Contract Manager and Fiscal Agent c. Authorize City Manager to Submit Applications for Membership in CSCDA and Pursue Participation in California Vehicle License Fee "Gap" Receivable Bond Sale d. Authorize City Manager to Approve Bartle Wells Associates, Contract for Consulting Services Related to Financing the Upgrade and Expansion of Water and Wastewater Systems e. Approval of Joint Sponsor Agreement with United States Army Corps of Engineers for Feasibility Study 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION a. G. C. §54957.6-Conference with Labor Negotiator Employee Organization: Management Unit Agency Designated Representative: Candace Horsley, City Manager 13.ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. CITY OF UKIAH CITY COUNCIL AGENDA SPECIAL MEETING WATER WORKSHOP COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 19, 2005 4:30 - 6:00 p.m. 1. ROLL CALL 2. WATER WORKSHOP: The Water Treatment Plant is currently being upgraded to meet State requirements and the City has contracted with the firm of Bartle Wells Associates for financial planning, rate reviews and ultimately bond sales services to provide long-term financing for the project. They will host a workshop to present to the Council their analysis of the City's current water rate structure and future needs, including recommendations to make rates more equitable in compliance with national standards, while encouraging water conservation and generating the additional revenue needed to support the bond financing. 3. ADJOURNMENT observance of the JVah'o#al ltolida~l cekbrolin~ Rev. Dr. J~arh'n Luther King, Jr. day; and ~Itereas, 7~is event was establls~ed in Uldak in 1994 to promote ~uman harmonl/ and encourage the eliminah'on of pr~/udice ~nd discriminah'on of all people; and I~Y"~~, /la~ and discrimination continues to be challenging i~sues confronh'ng Jlmerlca todal/; and ~/4erea~, I~Y'e are oil responsible fbr t/~e ac~ievemenl ~f peace, equalit~l, unit/], andjush'cefor o~l in ~is J~Ta~ion ~rwe are to ma/ce ]~ev. Dr. King's dream a JVow ~fore, be it resol~ that D~e U~'~ Cit~l Council recognize# D~e ach'v~'es of t~e .~/endocino Coun~ .~]arlin Luther King, Jr. Organi~ah'on (.~c~W~K) in observance of P,~w. Dr. King's birtkdal/ and legac~; and Be it~ resol~ that the ~ CiO/Council recognize J~c.~LK's mission to J~ove Beyond Tolerance bi~ Enhancing t~e Innate Npir~ of Human ROCLAMAT I ON 3a ~.3! ]~f~=retzs, ./anua;'.q 16 and 17, 2005 will be UL~'o/t's eleventh ann~ .. Ki~~; th~~ i~gra~, ~, and~~. ~ ' ' ~0~ ~~~~ L ~ark ~s~ ~apor ~t~e ~'~ ~'~, on beha~ ~m~llow Ci~ Cou~~b~s, Phil B~dwi~ ~a~ ~di~ John ~cCow~, a~ Do~ Crane ~ h~eb~ ~ our ~ort ~ being held on Janua~j 10 and 1~, 2005. and urge all citizens to acM~IM patti.'pate in the scheduled ach'~'h'es and projects to honor the mem°r~t and ~f~ . sign~cant contribuh'ons of tills outstanding human being. ITEM NO: 3 t~ DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - SANDRA LISTON, ASSOCIATE PLANNER II SUMMARY: I am pleased to introduce our new Associate Planner, Sandra Liston, to the City Council. Sandra began her career as a professional planner working for a number of private firms, and then attended law school at the University of San Francisco. She completed law school, passed the bar exam and went to work for a small law firm in Lake County. She has since decided to return to the land use and environmental planning field with particular interests in community design and housing. Since joining the Department, Sandra has become familiar with our Municipal Code, General Plan, and other important planning documents. She has also learned our permit processing procedures, is assisting the public at the front counter, and is managing a number of permit applications. Sandra has been with us for about a month, and has brought a new set of skills to the Department. She is very bright, hard working, organized, and has a strong passion for planning. Please welcome Sandra Liston to the City of Ukiah team. RECOMMENDED ACTION: Council welcome Associate Planner II Sandra Liston to the City. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, City Manage% MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 15, 2004 The Ukiah City Council met at a Regular Meeting on December 15, 2004, the notice for which had been legally noticed, at 6:32 p.m. Roll was taken and the following Councilmembers were present: McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Public Works Director/City Engineer Steele, City Attorney Rapport, Public Utilities Director Ziemianek, and City Clerk Ulvila 2. PLEDGE OF ALLEGIANCE M a yo r As h i k u led t h e P led g e of A I leg i a n ce. City Manager Horsley advised that Staff is reque~i,g':'that ite~::':i~:':::i~i~.Public Hearing for "Approval of Resolution Establishing an On-S,~ii~affic Signal M:'ii~i~tjon Fee for the Airport Industrial Park" be pulled from the::~:: "~a to allow Staff ti~;~:~,:tO speak with interested parties before bringing the matte('i~re Counci!i City Attorney Rapport advised that the Public":~:~i~ ~uld need to be re-noticed. MIS McCowenlBaldwin to contin:a~ ite~gb to a f~e date; carried by unanimous consent of the City Council. ::~ :::~::?~::~:?~:~ ..... 3. NT ODUCT ON SENTATi 3a. nt,odu tion Comp i.n e Coordinatq~:~::~::?::::~:: :~ ~: , Planning Direct~ ~tump intrOdUced the'~i~ys new Code Compliance Coordinator, Kevin Ingram, to t:~ City C;~!~:.::~:. ::H:e di~Ssed Mr. Ingram's interest in land use planning a~::::~:~:~:: he i~?:~~!~:::i~~~S:~;~:' professional planner. and excited to have this oppo~unity. 3,~ 3b. PY~S~ntation by ~!i!d Wa~te Systems: Status Report on Operations Jim Salye~i President d?;~.Solid Waste Systems, advised that Rick Powell, who has been preside~:~:::of Solid ~Ste Systems, recently retired. He stated he would regularly be attending futare :::~:~;,~=bil meetings. He explained that Solid Waste Systems has implemented a ~O~l:i:~~: recycling system at the transfer station to help with traffic congestion on Satur~:'~Ys. Mr. Salyers explained that new State regulations effective December 31, 2004 will require Solid Waste Systems (SWS) to retrofit some of the garbage trucks to reduce particulate matter emitted from the diesel engines. SWS is reviewing the feasibility of using bio-diesel to reduce the particulate matter to an acceptable level. However, bio- diesel has not yet been certified for use as an acceptable fuel. Regular Ukiah City Council Meeting December 15, 2004 Page 1 of 11 Rick Holliday, representing Motor-Carrier Specialists, explained that his company has been hired by North Bay Corporation to establish a systematic procedure/action plan for auditing the garbage trucks within the parent company to ensure safety standards and best practices are appropriately maintained, similar to CHP safety practices/procedures. They have been contracted for one year to help organize and train SWS staff. City Manager Horsley commented that Solid Waste Systems is doing a free fall leaf pickup in December at no extra charge to the customer. Upon questioning by Councilmember McCowen as to whe~;,~Ws has complied with the California Air Resources Board (CARB) and whet~e:i~:!:~:~,~01id Waste Systems has been working with the Mendocino County Air Quality .~Str!~ :Felatwe to grant assistance, Mr. Salyers replied that he had applied for grants tbr~ai~:h the: ~t~te but was not aware that grant assistance was available from the M:e~.~:~ocino Count~ ~,ir Quality Control District. Mr. Salyers stated that the yard waste an~?~[bage at ::~e~: transfer stat~h have been reduced to the level where they should be. T~ ~e~0rge~i°n of Solid waste Systems will address the issue of properly handling of re~!~,~terials. He does not anticipate that recycling and collection to be ~ :~::lgm in the f~e. Paul Caylor, stated, as Deputy Dirtier ~:~~po~at~:~:;~?~i~ charge of solid waste for Uendocino County, he is p~eased to h~the c:~~y::~:~i~ ~ing lo,ara with improving their vehicle mainten~....~ctices. ~'~:'~.~::~e: ~:::~?~s'~a~::~::??;?~?:::~he safety inspection repo~s conducted by the C:~:~::::':'~¥6::~::':'::~:.~::~ garbag~:~:~:~::~pany o~ating under the No~h Bay Corporation. 4. INTERVlEW~ ~ AIR~~::~QM.MIS~i~N APPLICANTS 4a. Cou.n~i:.~l~:~l:.nte~i::~~:~6~:i:i:~:~ ~i!a~::~::~Runter and Carl Steinmann City Cl~~i~:i~i~D~D. ou~ ~hat Mr. ca'r/~inmann contacted her office and informed her ~h::~: will n~:~?:~?~:~ebl&~:~;~ttend this meeting, but hopes that Council will take his appli~0n under co~i~rati~ Allan Hd~te:r fielded que~{~ns from Council concerning operations at the Airpo~. . ..................... Sherrie Stei~ann ad~i~d that her husband, Carl, is out of state and he asked that she aEend the~:~ti~ ~nd answer any questions in his place. Council asked her questions about ::~~:~sband's background and interest in se~ing on the Airpo~ Commission. 5. APPROVAL OF MINUTES 5a. Regular Meetinq Minutes of November 17, 2004 It was the consensus of the Council to continue the minutes to the next City Council meeting. = APPROVAL OF MINUTES Regular Meeting Minutes of December 1, 2004 Regular Ukiah City Council Meeting December 15, 2004 Page 2 of 11 It was the consensus of the Council to continue the minutes to the next City Council meeting. 5. APPROVAL OF MINUTES 5c. Special Meeting Minutes of December 7, 2004 City Clerk Ulvila recommended a correction to the time that the meeting began. should be 9:00 a.m., rather than p.m. MIS McCowenlCrane approving the Regular Meeting minute~:~:~[:~,December 7, 2004, as amended, carried by the following roll call vote: AYES: G~bilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None,,~:~i:~::~TAIN: None. ABSENT: None 6. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 7. CONSENT CALENDAR City Manager Horsley commented on ag~'~a~i~, ,item :,i ~ai::i::and stated th:~ County of Sonoma prepared the contract. The County of :~a~ desires to make the following changes: 1) Include section 4.3, ~h~i~h !ists key p~t~eDnel, and 2) Add language that allows the City to administrate su~6 ~~:~ as m':~b~ authorized by the Board of Directors. The City of Ukiah is t~:;:~ad~i~[~.ive ~~y for the Russian River Watershed Association. ~::'~:~;~ ~?~: MIS McCowenlRodi~: ~ ~: ~ . items oug"e" of the Consent Calendar as follows' : a. Approved Dis6~Sements fo:~nth of N~mber 2004; b. Awarded Bid fo~::::~?~;:~35, 4~~:;~9~a~d 7~Oot Class 3 Western red Cedar Poles to Bell Lu~[ ~. P $23,646.48; c. App a~?~B~ditu'~[p the AmoU"A~t~':'of $100,000 for Legal and Engineering Se:~i~S Rela{:~a~e:Re~gg and Extending the Annual Contract with Weathedord d. Afi~ed Consultin~:~ree~::~:::.:with Data Instinct for Sewices to the Russian River Wa t e~ h:~:d A s s o c i ati o ~:;~?~: .: e. Awarded :; Bid for Sev~: 50 KVA and Five KVA Pole Mount Transformers in the Amount of $~ 5,876.22:~: Motion carried b~?.~:~:::~{~6 following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Richard Seizer stated he is the Chairman of the Employers Council, and they recommend implementing a new sales tax measure. The initiative would be a one-half cent increase in the existing sales tax with a five-year sunset. If the City Council is not able to place this measure on a special election with the necessary number of signatures, the Employers Council would undertake that task. Furthermore, if the Regular Ukiah City Council Meeting December 15, 2004 Page 3 of 11 measure failed to pass, the Employers Council would pay the cost of the special election up to $10,000. Councilmember McCowen inquired whether the Employers Council would be willing to campaign on behalf of the sales tax ballot measure. Mr. Seizer replied "yes." James Connerton thanked the City Police and the Parks and,~::,~iEecreation Departments and Planning Director Stump for initiating clean up of the Oa:.~:i~ek bench. Warren Sawyers welcomed Mayor Ashiku and Counci:t~~Crane and UcCowen to the Ukiah City Council. He briefly discussed pr;Q~:~i~'~:s r~::~r{ding the reading his electrical meter. He is working with the City ai~'::~,~ anticipate~'::"::':i~:~he problem will be resolved ...... 9. PUBLIC HEARING (6:45 P.M.) 9a. Ten~tive Ce~ification of Environm~?,?=' i..~::.~ ..... Im::...~.~.::..':~¢~E(~?Repo~ for th6 Orr Creek Bridge and Orchard Avenue Extension";:~ei~t Planning Director Stump repo~~=.~he backg~~ process for preparation of the EIR, and stated that an Addendu~::~?~E[E was r~[!y prepared to update ce~ain information on public se~ice provid~°':=:;~~=bat t~?~!~ is current and to address c,an es ong- er . CHDC unit apa~ment proj~ .,t, dete~d.:=~:'~=::~:~'~::?~:~icUlar project would not be substantially differenl ~~d for th~='~:Ubject parcel and identified in co,s ruc o. of the proposed e and str:e~t improvements, as well as future g~o~h-inducing impacts that could p~t of the 95-acre Brush Street Triangle area. ~mmended for those impacts identified as significant. However,:~=~the EIR identifies one significant gro~h- inducin?~mpact successfully mitigated or avoided with buildout that stat~ ==~Buildout tra~ ~ould~=~uIt in insufficient vehicula~ storage capacity on East accom~ate eastboun~ ~affic. ~A Statement of Overriding Consideration has been prepared ~:iS included [~he proposed Resolution. Mr. Stump st~:.:~===~be ~i~Y and County staff also prepared a Land Use and Road Improvement Agr~ ~:t concerning future development in the Brush Street Triangle that was approved ~:by both the City Council and the Board of Supe~isors. The Agreement requires the County to adopt an Ordinance requiring discretiona~ review before the City can ce~ify the EIR. Subsequently, the County Board of Supe~isors adopted a 45-day urgency/interim Ordinance on December 7, 2004, to allow the City to move fo~ard with EIR ce~ification. The ~mff EIR, Final EIR, and EIR Addendum comprise the EI~ to be ce~ified. He recommended ~ouncil tentatively ce~i~ the EI~ and direct staff to prepare a Mitigation Monitoring Program and Resolution ce~ifying that the EIR complies with the CEQA requirements for adoption at the next regular meeting. Regular Ukiah City Council Meeting December 15, 2004 Page 4 of 11 Leonard Charles stated he is the consultant who prepared the EIR for the City's Orr Creek Bridge and Orchard Avenue extension project. He stated the RCHDC project in the unincorporated area is required to have its own environmental study prepared to address the more specific impacts for this particular project. He stated, in his opinion, requiring RCHDC to prepare a "specific plan" for the area may not be fundamentally necessary, because an apartment project is not a commercial development which was assumed for the Triangle. Consequently, the City Council may desire to change the mitigation measure to articulate that a "specific plan" be.~:ereated before the first commercial development application is submitted. Mr. Charle~ ~i~cussed other reasons as well. Councilmember Baldwin commented the bridge w¢~'i~liii~elp"~the City's objectives for relieving traffic on Ford Street without causj~i!~ny signifiC~i~traffic impacts. He referred to page 40 of the FIR, and noted the~:~~ent requiring ~'~raffic signal at the intersection of State Street and Ford Street is','~radictory. Mr. Leonard replied the traffic mitigation mea§~'~;~e~ are i~ed on "buildout" '°f the entire area, including new developments in the City. C:~i~t~ti~n of the new bridge would not directly cause the need for a traffi~i~ig~.al at the i~ection of State Street and Ford Street. It is the future developmen(~i ~ii~g.r as a ~i!~ of the new bridge along with other developments in the City th~i ~0~i~ii!i~eate th~?"~ed. He added that MCOG conducted their own traffic study of t~i Brush ~t :~ria~!~i and their recommended mitigated measures ar~.~,~i;::jn the E:i;;i~i ~ ~ ;i~g~i~t recently made between the City and County state~:~:~~::~::::,:.¢evelo~~i:;::'~in the ar:~~ will be required to meet and pay the cost for ~it~ ?8~are of t~i;!,.,improV~nts identified in the MCOG traffic study and/or for another'~affic study ~t~may late~i?~iBe required. A general of designating open space to meet the squar~ ~::perc~=:~e requirem~'~'i~commended in the FIR. Mr. ~ard stated ~ii :~ew p~'~i~Cts would be required to go through CEQA review. Council~e~ber BaldWii::~=~;~:::=~:commented the FIR does not specifically state that 20 percent of t;h:.~ area shall b~et aside for open space. He further commented regarding the CEQA r~i~, and.ii~ired how many adjacent developments received Negative Declarations rai~i~:=~ EIR after the EIR for Wal-Mart was prepared. He was not in favor of applying t~::.-ei:.~AiP development standards as a model for development of the Brush Street Triangl~i Councilmember Baldwin expressed concern regarding the concept of "piece-meal" development. He stated it was his understanding that there is an immediate request for water facilities for another housing project adjacent to the RCHDC affordable housing project. He stated "piece meal" development was allowed in the AlP, and expressed concern that such development will occur in Brush Street Triangle without a specific plan. Regular Ukiah City Council Meeting December 15, 2004 Page 5 of 11 Councilmember Baldwin referred to page 10 of the EIR Addendum regarding water and questioned how reissuing a new water license/permit from the State increases the amount of water available for use by the City. City Attorney Rapport commented that the City has applied to the State to extend its 10-year period to another 10 years. This would allow the City to put more water to beneficial use, provided the permit is granted for 10 more years. Councilmember Baldwin stated the original EIR mentions:~::::,~he need to develop a "specific plan" for the area, but development in the cQ~:~ercial context was not mentioned in any of the Mitigation Monitoring Program mea~ites. Mr. Leonard stated it became apparent that a .~:~pec~flc p a~,,?: :. !:s necessary before commercial development occurs in the Brush Str~i~riangle. Councilmember McCowen commented it~=:,,~i~ be the buildout of ~:~, development that would generate traffic rather than the ~t:ruction ~i~i[he bridge. In:~i~:~opinion, by building the bridge and not connecting it to a'~:r s~{?there would be:~ significant amount of additional traffic in the Fo~d Street are~:~?~?~:~.:~??~? Mr. Leonard agreed that the bridg~~?~e~.distribu~ffic. Mr. Stump stated this is the reason :'~ :brid~':~::~:~:;[ega:;~~ as an "enhancement" to the K-Ua~. He stated ~(?~be bridgeheads ~f~::r~i;;~:~ in the K-Mad environmental document as a mitigati~=:::~:'~:~:~::~re. Councilmember::M~Cowen ste~ the brid~:could be built, but not opened until later when the appropria~i[m be~?made to Brush Street. However, there is a need ta:.~a:~e the bridge because not doing so could potentia[i~ ~:~di~e fu a 6g and/or allo~::~the corresponding documents to become :: Publi~'~earing Opene~ ~:45 Members'~ the audienc~hat spoke to the issue were: Judy Pruden, Jack Cox, Susan Kno~[~en A~ on, Maxine Stevens, Haleru Hoser, Dan Holbrook, Lee Howard, Dian~:~.~:;~u:cE~?~:John Mayfield Emme~ Jones, Dwayne Hill and Bill Randolph. ::::: ' ' : Public Hearing Closed: 9:11 p.m. Considerable discussion followed relative to the EIR for the Orr Creek Bridge and Orchard Avenue Extension project. Topics discussed included the results of the traffic study, delaying a decision on the matter to allow time to address the concerns expressed by the Wagonseller's Neighborhood with regard to traffic congestion once the bridge is built, the possibility of traffic congestion once RCHDC builds their proposed housing project, and obtaining further information from the City's annexation consultant. Regular Ukiah City Council Meeting December 15, 2004 Page 6 of 11 Mr. Charles clarified the purpose of the EIR and explained that building the bridge will improve traffic in the area and noted thal everyone will be assessed their fair share of the costs. There was further discussion regarding the issues of constructing the bridge and traffic circulation, CEQA, whether the mitigation fees are adequate, the need for housing in Ukiah, the possibility of annexing the area in the Brush Street Triangle, creating a sufficient area of open space in the Brush Street Triangle, and the possibility that commercial development in the area would trigger the need fo~:::~:~ specific plan. It was noted by Staff that the City cannot mandate a specific plan ~Q~i ~bperty that is not in the City limits. A meeting with the Wagonseller's NeighbQ,,¢~ and RCHDC was also suggested Staff advised that it is unknown when the'::~:.~i e traffic stud would be completed. Staff also discussed how the grant ~6~ wo~'i~.be used. The Citys history of working with County representatives waS~i~i~cussed, a~ ~::was noted by Staff that dialogue between the City and County conti~i~i City Attorney Rapport discussed the term;§?~gd procesS:~for the agree~gt. He also discussed the impacts of delaying the certi~!~ion EIR. He r%ommended Council focus on whether there ~re any addressed so that Staff can bring discuss Council making findings He explained that it is the City's in the EIR that need to be can be certified. He went on to mitigation monitoring plan. unless the requestor annexes the property to theCity, papers. It was the consensu~!~!:~:~il to di~ ~ff to ad~Ss the four points of concern expressed by Co,~iii~ember:~'~:~'~ldwin :~ report to Council at its next meeting. Further, Staff shd~i~ ~rovide C, ............................ with a:~i~i~ff resolution certifying the EIR document including language'~'~testal f°~e RCHDC property and that allows any residential ~j~. to M/S M~!~en/~:~i ?~iii~;ely certifying the EIR for the Orr Creek Bridge and Orc~r~ Avenue Ext~:~i~n p~J~t, based on the consensus of the Council with regard to dir~tion to staff, an~"~' ~i,~ecti~?::.;'~aff to prepare a Mitigation Monitoring Program and Resoluti~ ~o~:~ formally c~::~ify the EIR for the City Council's adoption; carried by the following r61i::~all vote: A~: Councilmembers McCowen, Crane, Rodin, Baldwin, and MayorAshik~!:~.~ES: :~:,~. ABSTAIN: None. ABSENT: None. Recessed' 10:22~:~'~i~i Reconvened: 10:35 p,m, 9. PUBLIC HEARING (6:45 P.M.) 9b. Approval of Resolution Establishing an On-Site Traffic Signal Mitigation Fee for the Airport Industrial Park Matter continued to the next Council meeting. 10. UNFINISHED BUSINESS Regular Ukiah City Council Meeting December 15, 2004 Page 7 of 11 lOa. Discussion of Fundin.q Mechanisms for the Acquisition and Development of Properties and Projects for Paths, Open Space, and Creeks Within the City of Ukiah Community Services Director DeKnoblough discussed his Staff Report regarding potential funding sources for the acquisition and development of properties and projects identified by the Paths, Open Space, and Creeks Commission (POSC). He discussed funding sources through the California State Parks and Fish and Game Grants, Conservation Easements and Land Trusts, as well as additional funding through the California Department of Forestry. Additionally, the City:~.:~::Quncil has previously designated in the budget $185,000 in the Special Project~:.Reserve Fund for open space acquisition. As no properties have been recom~ed for acquisition, these funds remain in reserve. Councilmember Rodin suggested that it could ,,~i?i~he role of ~ ',BOSC to make the appropriate contacts with land owners and ~:ibe the progra~'~ ~he difficult part would be to come to an agreement with ~iiii!~::nd owners. She e~!ained that the Department of Conservation offers an agric~iii~al prese~a~ien grant. Mayor Ashiku stated that during,:,.., this time '~'~i~i i~ City has severe economic challenges, even supplying matchi~iiiii~nds could b'~i:~i~i~?~i~hallenge. Judy Pruden suggested the POSC :~J~'~iei[~with t'~'~:~ ~kiah Valley Trail Group. Community Developm,~' ~:~:[rector::'~::~',~K,::~:i~'~'~'; ~dvised that POSC member, Howie Hawks, is a ~:~:~'~:~:~::~f:,:that g~:';~"~nd he '~iil contact him about funding mechanisms Councilmember C°~cil hear agenda item 10b next. Council was polle( 10. 10b: ~':iscussion a~iiii~os~::~i~i~Jntroduction of Ordinance Amending City Noise :~el:lulations a~iii~;,,,~, Co~deration and Possible Adoption of Noise R~:~:~'~lations~ ~,~,,.~. for C~i::~'::~'~:''~:i~':.~i~ ParkS' and Facilities Councilm~i~.r Baldwi~ili!?i!iexpressed his concerns with amplified music in parks especially aS~::~i~:~:~elates.~the impact on neighborhoods where City parks and other outdoor 6i~ A~orney Rap~oA explained the proposed changes to the current Noise Ordinance, as presented in the Staff RepoA. He also explained the proposed Resolution establishing specific amplified sound policies for the City's parks, streets, and public areas. Discussion followed with regard to changing the classification of violations to infractions, as proposed by Staff, and setting the amount of the fine for penalties. It was noted by City Attorney Rapport that the proposed fine is the maximum amount in every case and the judge hearing the case can impose a fine up to that amount. Discussion continued concerning fines for subsequent offences. Regular Ukiah City Council Meeting December 15, 2004 Page 8 of 11 Police Chief Williams discussed the issues related to enforcement and court proceedings. MIS BaldwinlMcCowen introducing Ordinance amending City noise regulations by title only; carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. NOES' None. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read the title of the Ordinance, "An Ordinagi~! of the City Council of the City of Ukiah Amending Ukiah City Code Sections 6Q~!Si~i?/~'hd 6060 in Division 7, Chapter 1 Article 6, Entitled "Noise Regulation" and Sectie!~;~ii~85 in Division 1 Chapter 12 Entitled: "Parks and Recreation Facilities". MIS BaldwinlMcCowen introducing Ordinance;.~:,~¢ied by the fStl~wing roll call vote: AYES' Councilmembers UcCowen, Crane, Re~::[~i!i!!!ii!~aldwin, and U~::~shiku. NOES' None. ABSTAIN: None. ABSENT: None. It was the consensus of the City Council~ ~.ntinU~ ~ maEer of adOPtion of the Resolution establishing policies regulating ampl~B:/~nd in parks, streets, and other City owned outdoor areas to the ne~Gi[y Council ~ting. 11. NEW BUSINESS :~:::~:.:~:: ......... 11a. Adoption of Resolution Maki~App~::~~atto ~/:~Airpo, Commission After a brief discussio~:~S~:.the co'~:.~e.n:s[~?;Sf::~ ~i~ty Council to direct Staff to bring the matter back~ ~::~::~:~bcil for ~i~ration a~ the ne~ Airpo~ Commission meeting so that ~ AirpoA: ~ommis~::~i~ to provide the City Council with a recommendation: : ;: 11b. reval of M~'~randum of Mutual Understanding for in a North Coast Integrated Regional Water City M~ager Horslei staff is requesting Council's approval on a Memora~d:,Um of Mutual U:~::~derstanding so that Prop 50 money will be available to the City. Vari~:~',a.spects of t~MOU were discussed. MIS Mccowe~:'~.j:~ i~!~Proving the Memorandum of Mutual Understandin~ for pa~icipation in a~~velopment of the ~o~h Coast Integrated Regional Water Management ~lan p0rsuant to Chapter 8 of ~roposition 50; carried by the followin~ roll call vote' AYfiS: Councilmembers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. ~O[S' ~one. ABSTAIn' ~one. ABSfi~T: ~one. 11. NEW BUSINESS 11c. Assignment of Ukiah City Councilmembers to Various Committees Mayor Ashiku discussed his list of recommendations for Councilmember appointments to various committees and heard from Council with regard to their interests. He concluded that his recommended appointments be assigned and will be subject to review in the future. He noted that each Councilmember represents the entire City Regular Ukiah City Council Meeting December 15, 2004 Page 9 of 11 Council on the committee and discussed the importance of Councilmembers providing reports at Council meetings of the committee meetings they attend. Councilmember Rodin noted the importance of a Councilmember bringing issues before the Council to obtain a consensus or direction from the entire Council concerning how they should vote on specific issues. 11. NEW BUSINESS 11d. Selection and Appointment of Vice-Mayor City Manager Horsley briefly explained the duties of the:~i~Mayor and noted that Councilmember Baldwin is the senior member of the Cou~ii ~nd has held the position of Vice-Mayor since December 1998. appointing Councilme~,b~i:'~:Baldwin-' :':: ~!i~Mayor of the City MIS McCowenlAshiku Council; carried by the following roll call v~i i~YEs: Council~;~bers McCowen, Crane, Rodin, Baldwin, and Mayor Ashiku. :Ni~i~?~: None. ABSTAIN: ~:ne. ABSENT: N o n e. ~:i?,:, 11. NEW BUSINESS 11e. Authorization to File with Redwood Valley Water West Fork Russian River City Attorney Rapport explained applications with the Wa~:~.~:!i~ uses from Mill Creek a',~:~ ~he Wesl [esources Control Board of Water From C~i=~ty Water District has filed priate water for multiple the RU§Sian River. There were many unanswered questig~i~S'about th~$e app and they could impact the City's water rights. This is a:~rOtective fi.!i~ to insur~ ~bat the City has standing to protect its interests in procee~i!~:.:.bef0,~ . MIS Ro:~i!~ili~i~, au~i~ii~ing Robert ::~'~ner to file protest contained in Attachment 1 of t~ ~i~ff Re~ ~ be:~l~::~gf the City of Ukiah; and carried by the following roll call vote~ ~ES: Councii~mber:~?~Cowen, Crane, Rodin, Baldwin, and Mayor Ashiku. '~ ~ e::]:~:~SENT NOE one. ABSTAI on :None. 11f. Ove~ ~:~:~of Cou~i:~ilPlanning Commissioner Appointment Process City Manager ~==6~Sle~;~:~bvided an ove~iew of the Planning Commission appointment A brief discussion followed Commissioners, and the appointments. regarding the new procedure, terms of the Planning rotation process for Councilmembers making the 11. NEW BUSINESS llg. Consideration and Possible Approval of Settlement Aqreement in McCann, Templeton v. Ukiah City Attorney Rapport explained that the matter would be discussed in Closed Session. Any action by Council would be taken in open session. Regular Ukiah City Council Meeting December 15, 2004 Page 10 of 11 12. COUNCIL REPORTS No reports. 13. CITY MANGER/CITY CLERK REPORTS City Manager Horsley distributed a capital improvement list to Council. Councilmember Baldwin reported that he attended a meeting of the Ukiah Valley Sanitation District earlier today and one of the agenda item~?~iii:concerned the use of grease traps. Some members of the audience challenged itS'~i~ii¥~ity and requested the District conduct a workshop on its use. ::~:~:, i Adjourned to Closed Session: 11:50 p.m. ~:~:,::::: ::~::i'. !':~i:;~:~ ..... ::~:~,?~::i',i:~:~i~::i~::.:,::. 13. CLOSED SESSION a. G, C, ~54957,6-Conference with.~,~::~ Negotiator Employee Organization: Electricai~iii!i':~i~ii~t Agency Designated Representative? ~.~,'~i~anda~e ~i~rsley, City Manager b, G, C, _654956.9 (a) .. ~ with Counsel- Existin~ Litigation McCann, Templeton v. S~?:No. SCUK CVG 0391282 11g. Consideration and Possible Templeton v. U MIS Rodin/Baldwin settle~ Ukiah case; carried ~himous:~bsent ofi~ City Council. 14. ADJOURN~~ T h e re b e in g:~:~n Q.. fu rt h ~;.i~ i~i~~ ~u ~:~1 Marie Ui~ila, City Clerk : :: reement in McCann, the McCann, Templeton v. meeting was adjourned at 12:03 a.m. Regular Ukiah City Council Meeting December 15, 2004 Page 11 of 11 DRAFT - 1/13/2005 - 2:24 PM, , .............................................. _. -' i Deleted: 1:16 PM CITy 0F UKIAH ~ CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 19, 2005 6:30 n.m. 4:30 - 6:00 P.M. - WATER WORKSHOP 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATION/INTRODUCTION/SPECIAL PRESENTATION a. Proclamation Supporting the Martin Luther King Day Event on January 16 & 17, 2005 b. Introduction of new Associate Planner Sandra Liston c. Special Presentation 4. APPROVAL OF MINUTES a. Regular Meeting of December 15, 2004 . RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. . CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval Of Disbursements For Month Of December 2004 b. Adoption of Ordinances Regulating Pan Handling And Camping in the City of Ukiah c. Adoption of Resolution Approving Records Destruction d. Approval of Contract Addendum With EBA Engineering For Environmental Services At the Former Leslie Street Gas Plant Award of Bid of Approximately 70 Dry Tons of 30% Sodium Hydroxide(Caustic Soda) From Pioneer Americas, Inc. for $550.00/Dry Ton Award Purchase of Sodium Hypochlorite, 12.5% Solution to Pioneer America's Inc. in the Amount of $58,444.00 Authorize Execution Of Amendment No. 9 To The Agreement With EBA Engineering In An Amount Not To Exceed $8,437 For Preparation Of Feasibility Study / Corrective Action Plan At The Corporation Yard And Approve Budget Amendment In The Amount Of $8,437 e. 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. Candace ...... 8. UNFINISHED BUSINESS a. Consideration and Adoption of Resolution Establishing Policies for Amplified Sound in Parks and Outdoor City Owned Facilities b. Continued Item: Approve Amendments to the Ordinance As Introduced Amending Section 1985, 6058, and 6060 of the Ukiah City Code Regarding Noise Regulations c. Discussion of Possible Sales Tax Ballot Measure - Ashiku d. Authorization to Proceed with Adoption of Zoning Ordinance Regulating the Growing of Marijuana in the City Limits 9. NEW BUSINESS Larry ............ a. Discussion of Possible CDBG Applications Diana ........... b. Adoption of Resolution of the City Council of The City of Ukiah Endorsing Application For An Urban Streams Restoration Grant And Determining Appropriate Environmental Impact Document, Conditionally Accepting Grant If Offered, And Designating Contract Manager And Fiscal Agent c. Authorize City Manager to Submit Applications For Membership in CSCDA and Pursue Participation in California Vehicle License Fee "Gap" Receivable Bond Sale Mike ............ d. Approval of Increase in Fees to Bartle Wells Associates For the Water and Wastewater Bond Financing Services Contract e. Approval of Joint Sponsor Agreement With United States Army Corps of Engineers for Feasibility Study 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION Ca'dace ....... a. G. C. §54957.6-Conference with Labor Neqotiator Employee Organization: Management Unit Agency Designated Representative: Candace Horsley, City Manager 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO.: 6a DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF DECEMBER 2004 Payments made during the month of December 2004, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 59109-59177, 59259-59446, 59511-59624 Accounts Payable Manual check numbers: none Payroll check numbers: 59179-59257, 59447-59510 Payroll Manual check numbers: 59107-59108, 59178, 59258 Void check numbers: 59106 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 December 2004. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Mike McCann, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Candace Horsley, City M~,~ager KRS:WORD/AGENDADEC04 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF DECEMBER 2004 Demand Payments approved: 59109-59177, 59259-59368, 59369-59446, 59511-59624 FUNDS: 100 General Fund $147,864.23 131 Equipment Reserve Fund $30,757.90 140 Park Development $618.30 141 Museum Grants $2,992.29 143 N.E.H.I. Museum Grant 150 Civic Center Fund 200 Asset Seizure Fund $285.19 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 204 Federal Asset Seizure Grants 205 Sup Law Enforce. Srv. Fund (SLESF) 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $817.72 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 260 Downtown Business Improvement 290 Bridge Fund 301 2107 Gas Tax Fund 310 Special Aviation Fund $22,962.43 315 Airport Capital Improvement $1,104.00 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant 333 Comm. Development Block Grant $28.75 334 EDBG 94-333 Revolving Loan 335 Community Dev. Comm. Fund 340 SB325 Reimbursement Fund 341 S.T.P. 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund $7,727.99 550 Lake Mendocino Bond 575 Garage $1,762.76 PAYROLL CHECK NUMBERS 59107-59108,59178-59257 DIRECT DEPOSIT NUMBERS 22560-22714 PAYROLL PERIOD 11/21/04-12/04/04 PAYROLL CHECK NUMBERS: 59258, 59447-59510 DIRECT DEPOSIT NUMBERS 22715-22851 PAYROLL PERIOD 12/5/04-12/18/04 VOID CHECK NUMBERS: 59106 600 Airport 611 Sewer Construction Fund 612 City/District Sewer 615 City/District Sewer Replace 620 Special Sewer Fund (Cap Imp) 640 San Dist Revolving Fund 650 Spec San Dist Fund (Cap Imp) 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 661 Landfill Corrective Fund 664 Disposal Closure Reserve 670 U.S.W. Bill & Collect 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. 975 Russian River Watershed Assoc 976 Mixing Zone Policy JPA TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $49,184.88 $763,182.08 $30,855.26 $21,160.51 $7,299.70 $22,887.23 ($342.36) $31,666.00 $2,958.90 $301.96 $5,218.08 $22,364.59 $769,283.89 $9,086.50 $10,337.91 $68,993.99 $761,217.01 $6,299.83 $392.70 $46,178.82 $265,782.64 $1,334.68 $35.52 $10,000.00 $763.58 $43,662.40 $3,168,694.52 $64,322.65 $113,196.70 $340,118.78 $3,686,332.65 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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The Ordinances are now being presented to Council for adoption. RECOMMENDED ACTION: 1) Adopt the Ordinance regulating panhandling in the City of Ukiah, and 2) adopt the Ordinance regulating camping in the City of Ukiah ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt the Ordinances and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Marie Ulvila, City Clerk Candace Horsley, City Manager and David Rapport, City Attorney 1. Ordinance for Adoption Regarding Panhandling 2. Ordinance for Adoption Regarding Camping APPROVED: Candace Horsley, City M~,ager ASR: Adoption of Ordinances ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING DIVISION 7, CHAFFER 1, ARTICLE 9, ENTITLED "UNLAWFUL PANHANDLING" TO THE UKIAH CITY CODE The City Council of the City Council of the City of Ukiah hereby ordain as follows. SECTION ONE. FINDINGS AND DECLARATIONS. 1. Within the last two years there has been a substantial increase in aggressive panhandling in the City of Ukiah. . The number of people engaging in this activity has increased in parking lots, at entrances to business establishments, such as grocery stores, and on streets and major intersections and freeway on- and off-ramps in the City. o When this activity occurs in such places, it interferes with the safety, privacy, and security of the people who are approached for contributions of money, goods or services. . Panhandling of operators or other occupants of motor vehicles on public streets or freeway on- or off-ramps impedes traffic and endangers those who may enter the roadway to negotiate or complete an exchange of money, goods or services. , Panhandling in parking lots or within close proximity to the entrance to financial institutions, supermarkets or retail stores can be intimidating or threaten people using such facilities and undermine their sense of safety, privacy and quality of life. ° Reasonable time, place and manner restrictions on panhandling will avoid these negative effects, and will not unreasonably restrict the expressive activity of people engaging in panhandling. SECTION TWO Article 9, entitled, "Unlawful Panhandling," is hereby added to Chapter 1, Division 7 of the Ukiah City Code to read as follows. §6090: Definitions: For purposes of this Article the following words shall have the following meaning, unless the context clearly indicates otherwise. 1. "Aggressive manner" shall mean: A. Approaching or speaking to a person, or following a person before, during or after panhandling, if that conduct is likely to cause a reasonable person to: (i) fear bodily harm to oneself or to another, damage to or loss of property, or (ii) otherwise be intimidated into giving money or other thing of value; or if the conduct is intended to have these effects. B. Approaching an occupied vehicle by entering into the roadway when traffic is either stopped or moving, before, during or after panhandling; C. Knocking on the window of, or physically reaching toward or into an occupied vehicle before, during or after panhandling; D. Continuing to solicit from a person after the person has given a negative response to such panhandling; E. Intentionally touching or causing physical contact with another person without that person's consent in the course of panhandling; F. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact before, during or after panhandling; G. Using violent or threatening gestures toward a person before, during or after panhandling; H. Using profane, offensive or abusive language toward a person before, during or after panhandling; I. Panhandling while under the influence of alcohol or any illegal narcotic or controlled substance; or, J. Following a person while panhandling, with the intent of asking that person for money, goods or other things of value. 2. "Panhandling" shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Panhandling shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. 3. "Public place" shall mean a place where a governmental entity has title or to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, plaza, transportation facility, shopping center, school, place of amusement, park, or playground. 4. "Check cashing business" shall mean any person duly licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Section 1789.31 of the California Civil Code. 5. "Automated teller machine" shall mean a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. 6. "Automated teller machine facility" shall mean the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers after regular banking hours. {[6091: Unlawful Panhandling: It is unlawful and a public nuisance for any person to: A. Panhandle in an aggressive manner in any public place. B. Panhandle within twenty feet of any entrance or exit of any check cashing business, supermarket or retail store, or within twenty feet of any automated teller machine without the consent of the owner/agent of the property or another person legally in possession of such facilities; provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility. Co Panhandle an operator or other occupant of a motor vehicle while such vehicle is located on any street or highway on-ramp or off-ramp, for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting donations or the sale of goods or services; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle. D. Panhandle in any public transportation vehicle, or in any public or private parking lot or parking structure. §6092: PENALTY FOR VIOLATION: Any violation of this Article shall be deemed an infraction punishable by a fine not to exceed three hundred dollars ($300.00) for a first offense, and, for a second or subsequent offense, a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or imprisonment in the County jail for a period not to exceed three months or by both fine and imprisonment. SECTION 3 The provisions of this Article are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Article, or the validity of its application to other persons or circumstances. SECTION 4 Nothing in this Article shall limit or preclude the enforcement of other applicable laws. SECTION 5 This Ordinance shall become effective 30 days after its adoption and shall be published as required by law. Introduced by title only on January 5, 2005 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None Adopted on ., 200_, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk KI'[ACHM EN'T~ ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH REVISING THE UKIAH CITY CODE BY REPEALING DIVISION 2, CHAPTER 4, THEREOF, ENTITLED "TRAILERS AND TRAILER CAMPS" AND ADDING THERETO DIVISION 7, CHAPTER 1, ARTICLE 8, ENTITLED "CAMPING" The City Council of the City of Ukiah hereby ordains as follows. SECTION ONE. FINDINGS AND DECLARATIONS The City Council hereby finds and declares as follows. 1. Within the last two years, Ukiah has seen a dramatic increase in the number of persons traveling to the City who do not have a place to live. 2. Many of these transients do not take advantage of public services available to persons who are sometimes called "homeless." 3. The transient homeless who do not avail themselves of temporary shelter or other local social services camp on public and private property, creating a number of public nuisance impacts, including: a. Unsanitary conditions resulting from human waste and trash; b. Interference with the use of public property by other members of the public; c. Interference with the use of commercial property by businesses located there and other private property by owners or others in lawful possession; and d. A risk of uncontrolled fires from camp or cooking fires. 4. The problems described in items 1-3 above result from camping in cars, trucks and other vehicles as well as from camping in the open. 5. State law now comprehensively regulates commercial camping in organized camp grounds and Recreational Vehicle parks, making the provisions of the Ukiah City Code regulating "trailer camps" obsolete. 6. The streets and public areas within the city should be readily accessible to residents and the public at large. 7. Private property within the City should be reserved for lawful use as approved by the owners of said property. 8. The use of public and private property within the City for camping purposes or storage of camping paraphernalia and related personal property interferes with the rights of others to use these areas for the purposes for which they were intended. 9. Such activity frequently lacks adequate provision for fire safety, sanitation and refuse disposal and therefore constitutes a public health and safety hazard which adversely affects the public health, safety and welfare of the community, as well as private property rights. 10. The purpose of this Ordinance is to maintain streets, parks and other public and private areas within the City in safe, clean, sanitary and accessible condition in order to adequately protect the health, safety and public welfare of the community, and to limit camping to circumstances that do not create public and private nuisance and adverse public safety impacts. SECTION 2 Sections 2450-2470 in Chapter 4, Division 2 of the Ukiah City Code are hereby repealed. SECTION 3 Article 8, entitled "Camping," is hereby added to Chapter 1, Division 7 of the Ukiah City Code to read as follows. §6080: DEFINITIONS: The following words shall have the following meaning, when used in this Article, unless the context clearly indicates otherwise. "Camp" or "Camping" means the activity of living temporarily in the outdoors, including to place, pitch, or use camp facilities or camp paraphernalia for such purposes. "Camp facilities" include, but are not limited to, tents, huts, motor vehicles, Recreational Vehicles or temporary structures, when established, maintained or operated to Camp "Camp paraphernalia" includes, but is not limited to, bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, items used for cooking food or similar equipment. Camp paraphernalia also includes other personal effects, when used or stored with Camp paraphernalia as described herein. "Establish" means setting up or moving equipment, supplies or materials on to public or private property to Camp. "Human Habitation" means use of a parked motor vehicle or Recreational Vehicle to Camp. "Maintain" means keeping or permitting equipment, supplies or materials to remain on public or private property in order to Camp or operate Camp facilities. "Operate" means participating or assisting in establishing or maintaining a Camp or Camp facility. "Private property" means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land. "Public Property" means all public property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land and parks. "Recreational Vehicle" means a Recreational Vehicle as defined in California Health and Safety Code Section 18010. "Recreational Vehicle Park or Mobile Home Park" means any area of land within the City licensed pursuant to the California Health and Safety Code as a Mobile Home Park, as defined in California Health and Safety Code Section 18214, or a Special Occupancy Park as defined in California Health and Safety Code Section 18862.43, which has a currently effective City business license, and in which space is rented or held out for Camping. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. "Street" means a street, alley, way or place of whatever nature, publicly or privately maintained for purposes of vehicular travel. "Street" includes highway, as that term is defined in the California Vehicle Code. §6081: UNLAWFUL CAMPING: Except as provided in Subsections B.1-4, below, it is unlawful and a public nuisance for any person to Camp, establish, maintain, operate or occupy Camp facilities, or use Camp paraphernalia in the following areas: A. Any public property; or B. Any private property, provided, however, that this prohibition does not apply to: , Overnight camping on private residential property by friends or family of the property owner or person in lawful possession of the property, so long as the owner or lawful occupant consents, and the camping does not create a public or private nuisance; 2. Mobile Home Parks and Special Occupancy Parks; 3. Camping in public parks pursuant to Section 1967; and 4. Camping on public or private property in connection with a special event, when authorized pursuant to Section 6082. {}6082: SPECIAL EVENT PERMT: The City Manager or his or her designee may issue a permit pursuant to this Section authorizing overnight camping on public or private property for a special event, provided he or she can find that the event will not cause a public or private nuisance, when conducted in accordance with reasonable conditions intended to avoid nuisance impacts. "Special event," as used herein, means an event sponsored by the City or a non-profit or community-based organization of not more than 72 hours duration which is conducted for the purpose of promoting sports, education, or other charitable activities. o The City Manager or his or her designee shall require a written application from the sponsoring organization for camping in connection with a special event. No such application shall be required for a City sponsored event. The application shall contain such information as the City Manager shall determine necessary in order to assure compliance with this Section. . The sponsoring organization must agree in writing to abide by any reasonable conditions imposed in connection with the issuance of a permit, which shall include, at a minimum: a, Special event insurance with coverage and policy limits determined to be adequate by the City in consultation with its liability insurer; b. An agreement to indemnify and defend the City against any claims arising out of the event; c. Provision for adequate sanitation and trash collection facilities; and d, Measures to control noise and other conditions which could disturb the peace and quiet enjoyment of neighboring properties. e Any failure to comply with a condition imposed on a sponsoring organization shall be considered a violation of this Article, shall entitle the City Manager to deny a future application by such organization, and shall be subject to any other remedies authorized by this Code or other provisions of law. §6083: STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE PROPERTY: It is unlawful and a public nuisance for any person to store camp paraphernalia in the following areas: A. Any public property; or B. Outside a structure on any private property without the prior written consent of the owner. §6084: USE OF VEHICLES FOR HUMAN HABITATION: It is unlawful for any person to use any motor vehicle or Recreational Vehicle for human habitation on or in any public or private street, alley, or parking area or any public or privately owned off-street parking facility/area which is held open for common public use. §6085: PENALTY FOR VIOLATION: Any violation of this Article shall be deemed an infraction punishable by a fine not to exceed three hundred dollars ($300.00) for a first offense, and, for a second or subsequent offense, a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or imprisonment in the County jail for a period not to exceed three months or by both fine and imprisonment. SECTION 4 The provisions of this Article are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Article, or the validity of its application to other persons or circumstances. SECTION 5 Nothing in this Article shall limit or preclude the enforcement of other applicable laws. SECTION 6 This Ordinance shall become effective 30 days after its adoption and shall be published as required by law. Introduced by title only on January 5, 20005 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Adopted on AYES: NOES: ABSTAIN: ABSENT: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None ,200_, by the following roll call vote: AT'FEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk ITEM NO. 6c DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING RECORDS DESTRUCTION The Personnel and Payroll Departments have reviewed Records Destruction Notices and identified certain records boxes to be destroyed. The City's Records Retention Schedule was adopted by City Council in 1999. The City Attorney has reviewed the Records Destruction Notices for each archival box and has approved those boxes designated for destruction. Funds have been allocated in the City Clerk's budget for shredding of documents. RECOMMENDED ACTION: Adoption of Resolution Authorizing Destruction of Certain Records ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Marie Ulvila, City Clerk ~/~,'Z: ~.. ~' ~, ~:~:~~:_~,,t_ Candace Horsley, City Manager and David Rapport, City Attorney 1. Resolution with attachment authorizing the destruction of certain records ASR: Records D s udct ne2 0° s ey' City aersonnel &er ^TTACHUENT._~_~ RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the City Clerk's Department has reviewed and approved the list of records provided by the Personnel and Payroll Departments that are ready for destruction; and WHEREAS, the attached list of City records represents records which are no longer necessary and may at this time be destroyed. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records. PASSED AND ADOPTED this 19th day of January, 2005, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk Resolution 2005- Page 1 of 1 EXHIBIT A RECORDS DESTRUCTION NOTICE FOR CITY OF UKIAH~ Date: December 21,2004 Department: Personnel Records Coordinator: Marie Ulvila,' City Clerk Current retention schedules show that the records listed are now ready for destruction. Instructions: 1. Review this listing. 2. Obtain Department Head's Signature. 3. Return this notice, signed, no later than January 5, 2005 t° City Clerk. Thank you for your cooperation in keeping our records management system working smoothly and' legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION COMMENTS .. DATES 698 1968 Recrui[ment Files & Worker's1987-1997 5 years Comp Files 699 1969 Misc. Personnel Files 1990-1998 5 years 7-,-, 2014 Personnel Recruiiment Files 1987-1996 Close + 5 years , Signatures Authorizing Destruction Department Head . City Clerk Date: //'x-//'~,:5~ Date: /- '-/'-.~ ~* Destroyed By Date: Reports: Destroy-Finance 2002 LU LU Ii,, Z 0 u.I 0 Z Z RECORDS DESTRUCTION NOTICE FOR CITY OF UKIAH IDate: December 21, 2004 Department: Payroll Records CoordinatOr: Marie Ulvila, City Clerk' Current retention schedules show that the records listed are now ready for destruction. Instructions: 1. Review this listing. 2. Obtain Department Head's Signature. 3. Return this notice, signed, no later than January 4, 2005 to City Clerk. Thank you for your cooperation in keeping our records management system working smoothly and legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION COMMENTS DATES 232 638 Legers & Print Outs 1962-1975_ 597 1455 Payroll Validation 1/10/92- ~..~Audit + 2 ¥~,~ 12/24/92 Or 1/20/2018? , 701 1971 Payroll Register 12/31/95- ~ ,:, ,.......,, 8/23/97~ ....... 703 1 973 Payroll Register 8/24/97- 12/08 984 2460 Time Sheets 6/6/93- 5 9e~r$ ................ 1050 2526 Payroll Checks 1980-1981 /~b3it~ 5 Signatures Authorizing Destruction Department Head Date: ,//~-/'/,~~ Destroyed By Date: Reports: DestroY-Finance 2002 : Z 0 ~ %~1 0 'c~ ~ o 0 m,, [:LO · · · o :~. iii i i i i i Il I II IllN~l'd~/'\~:'~ I I .. ,-'.. ~ . . .. · -~ ~ ~ . 0 ~ :~ . .. 0 . ~ ~ Y: '.~ ~ ~ . '"' ~ ~ 0 . . .~ ~ .':.... .... '~ ~ -. ~". ~' ,:L,~ ~ .:.. ~ ~ 0 ": .- .. O. · ~ ~ ~.. ~,, · ' ~ -~ '"k ~P 0 U ''- 0 . ~ "., ~. ~ b--,"~ ', ~ '.. -.."- :.- .... ~ 0 · '~, . [[ ~ [ [ [ [ I [ AGENDA ITEM NO: 6,] MEETING DATE: January 19, 2005 SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT ADDENDUM WITH EBA ENGINEERING FOR ENVIRONMENTAL SERVICES AT THE FORMER LESLIE STREET GAS PLANT The City Council approved a contract with EBA in April 2003 for $56,535, due to the fact that the City had received a letter from the Regional Water Quality Control Board (SWQCB) regarding potential contamination issues on a Leslie Street parcel. This property was previously owned by the City of Ukiah, and a gas production plant was operated there between the 1920's and early 1940's. Soil samples collected and analyzed from the site showed that there was some contamination on the soil surface. The original work plan outlining further testing was submitted to the SWQCB and was approved. A year's worth of testing and monitoring has been performed, but due to the results, another year of groundwater monitoring and offsite soil testing is required. Any discussion of potential cleanup is over a year away. Staff is requesting Council approval of an amendment to the contract with EBA for $19,938. RECOMMENDED ACTION: Approval of contract amendment with EBA for $19,938. ALTERNATIVE COUNCIL POLICY OPTIONS: Discuss and provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A 1. Cost estimate Approved' Horsley, City gerCandace 4:CAN/ASR.EBAAdendum.011905 KN~INK~RIN~ CIVIL & ENVIRONMENTAL EIVOINEER$ January 3, 2005 Ms. Candace Horsley City of Ukiah 300 Seminary Avenue Ukiah, California 95482 SUBJECT: COST ESTIMATE FOR ENVIRONMENTAL SERVICES FORMER LESLIE STREET GAS PLANT UKIAH, CALIFORNIA EBA PROJECT NO. 03-1004 Dear Ms. Horsley: Pursuant to your request, the following presents a cost estimate for the ongoing environmental investigation activities at the former Leslie Gas Plant site located in Ukiah, California. SCOPE OF WORK The scope of work at the project site will consist of the following: Conduct quarterly groundwater monitoring and sampling of the new monitoring wells for a period of one year to more accurately document and understand concentration trends, groundwater flow direction, and hydraulic gradient proximal to the subject site. Prepare a Work Plan to conduct an off-site soil and groundwater investigation to the east of the project site which would address both the lateral and vertical extent of impacts resulting from past site use(s). Prepare a Sensitive Site Receptor Survey to identify groundwater plume and vapor receptors. The survey will locate and map the following: o Preferential pathways and vapor accumulation points, including subsurface utilities, basements, and utility vaults within a 250-foot radius of the project site; L:\proj ect\ 1004\Corr\cost estimate 0105.doc 825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (707) 544-0784 FAX (707) 544-0866 Also in Southern California O Groundwater plume receptors such as water supply wells, surface waters, and sensitive environmental habitats within a 1,000-foot radius of the project site; and o Municipal water supply wells within a ½-mile radius of the project site. COST ESTIMATE The work will be performed on a time and materials basis and will not exceed $19,937.50. A detailed cost estimate is enclosed for your review. ASSUMPTIONS For the purposes of developing the scope of work and the cost estimate, the following assumptions were made: · There is free and open access to the property. · The wells will be sampled on a quarterly basis and quarterly reports will be submitted to the North Coast Regional Water Quality Control Board for review and comment. · Purge water generated from the well sampling will be stored on-site in DOT approved 55- gallon drums. Costs for disposal of these items are not included in this cost estimate. CONCLUSIONS Throughout this project additional new information may become available. This new information may result in a change in the Scope of Work, which may result in a change in the cost of the project. EBA will notify the client when there is a change in the cost and will not proceed without prior approval of the changes from the client. Throughout the project, EBA will make every effort to reduce the cost of the project by negotiating with regulatory agencies to eliminate unnecessary procedures and/or analytical costs. Thank you for allowing EBA this opportunity to perform environmental services for you. Should you have any questions or comments regarding this cost estimate, please contact me at (707) 544-0784. Erely, /,~ D~t~id Noren, Manager Environmental Services Attach: Detailed Cost Estimate L:\project\l O04\Corr\cost estimate 0105.doc AGENDA SUMMARY REPORT ITEM NO. 6.e. DATE: January 19, 2005 SUBJECT: AWARD OF BID OF APPROXIMATELY 70 DRY TONS OF 30% SODIUM HYDROXIDE (CAUSTIC SODA) FROM PIONEER AMERICAS, INC. FOR $550.00 / DRY TON. Pursuant to City of Ukiah Municipal Code Section 1530, this is to notify request that the City Council award of bid of 30% Sodium Hydroxide to Pioneer Americas, Inc. This product is used primarily for pH adjustment and corrosion control for the reduction of lead and copper salts in the city's drinking water. Pioneer Americas, Inc. was the second lowest qualified bidder with a price that is effective from 2/05 through 1/06. The lowest bidder, LA Chemical at $542.00 / Dry Ton, had a stipulation of being able to raise the price, capped at $50.00 / Dry Ton, each quarter. This could essentially raise the price to $642.00 / Dry Ton when the City consumes the majority of this product. Therefore staff's recommendation is to purchase these required chemicals from Pioneer Americas, Inc. RECOMMENDED ACTION: Award bid of 30% Sodium Hydroxide to Pioneer Americas, Inc. for the amount of $550.00 / Dry Ton. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Director of Public Utilities Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager None APPROVED:' Candace Horsley, City Mar~ger ITEM NO. 6 f DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: AWARD PURCHASE OF SODIUM HYPOCHLORITE, 12.5% SOLUTION TO PIONEER AMERICA'S INC. IN THE AMOUNT OF $58,444.00 SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of 76,000 gallons of Sodium Hypochlorite 12.5% be awarded to Pioneer America's Inc. in the amount of $0.769 per gallon for a total value of $58,444.00 plus tax. The material is used at the Wastewater Treatment Plant for disinfecting effluent prior to discharge in the percolation ponds and the Russian River. In response to the City's Request for Bids, two bids were received and opened by the City Clerk at the prescribed time for public bid opening. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Pioneer America's Inc. with a base bid of $0.769 per gallon of Sodium Hypochlorite plus tax. Funds for chemical treatment materials have been budgeted in the City/District Wastewater Enterprise Fund under account number 612-350-520-000 and adequate funds are available for the requested purchase. RECOMMENDED ACTION: Award bid to Pioneer America's Inc at $0.769 per Gallon for a total value of $58,444.00 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject the proposal and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Jerry Gall, Wastewater Treatment Supervisor Jerry Gall, Wastewater Treatment Supervisor Bernie Ziemenek Public Utilities Director 1. Bid Opening Results 2. Initial page of bid from Pioneer America's Inc. AP P ROVE D: t.~~._~.,--0.,,~~.. Candace Horsley, City M'~ager AGENDA SUMMARY ITEM NO. 6g DATE: January 19, 2005 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 9 TO THE AGREEMENT WITH EBA ENGINEERING IN AN AMOUNT NOT TO EXCEED $8,437 FOR PREPARATION OF FEASIBILITY STUDY / CORRECTIVE ACTION PLAN AT THE CORPORATION YARD AND APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $8,437 SUMMARY: In September 2004 EBA Engineering (EBA) completed the excavation and removal of approximately 670 cubic yards of petroleum hydrocarbon impacted soil located at the site of the former fueling island at the Corporation Yard. Contamination is believed to have originated in the vicinity of the pipeline connection to the fuel pumps. Three underground storage tanks (10,000 gallons, each), associated piping, and fuel pumps were removed in 1997. EBA prepared a report on the recent soil excavation work and filed it with the North Coast Regional Water Quality Control Board (NCRWQCB). The NCRWQCB responded with a letter dated December 21, 2004 (Attachment 2) requiring the completion of a Feasibility Study / Corrective Action Plan (FS / CAP) by March 18, 2005. Since the FS / CAP are not included in EBA's current scope of work staff requested a proposal to complete the additional work. An Amendment (Attachment 1) is included to provide the formal mechanism to complete the F S / CAP. A budget amendment is also required since funds for this work are not in the current budget. Staff has filed a claim with the State of California Underground Storage Tank Cleanup Fund and expects full reimbursement of expenses related to this project. Staff recommends authorization of Amendment Number 9 with EBA Engineering and approval of the budget amendment. RECOMMENDED ACTION: 1. Authorize Execution of Amendment No. 9 to the Agreement with EBA Engineering in an amount not to exceed $8,437 for Preparation of Feasibility Study / Corrective Action Plan at the Corporation Yard. 2. Approve an amendment to the 2004/2005 budget increasing expenditures in account 100.3301.250.000 by $8,437. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other firms and report back to Council. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City En~inee~/~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Amendment No. 9 to the Agreement 2. letter from NCRWQCB 3. Cost Estimate from EBA Engineering 4. Fiscal Year 2004~2005 budget sheets 5. Budget Amendment Worksheet APPROVE -.,, Candace Horsley, City Manager RJS: AGebaProfSvcs13 ~k CITY OF UKIAH Aftachrnent # AMENDMENT NO. 9 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED AUGUST 26, 1998 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services dated August 26, 1998; the Amendment dated December 15, 1998; the Second Amendment dated May 5, 1999; the Third Amendment dated July 5, 2000; the Fourth Amendment dated August 23, 2001; the Fifth Amendment dated September 23, 2002 the Sixth Amendment dated February 27, 2003; the Seventh Amendment dated October 20, 2003; and the Eighth Amendment dated October 4, 2004 shall remain in force and effect except as modified by this ninth amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 9. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the January 7, 2005 letter from EBA Engineering. A copy of said letter is included in this ninth amendment. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $8,437. EBA ENGINEERING CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 9 to Agreement for Professional Consulting Services Dr. Alan Lloyd Secretary for Environmental Protection Attachment # California Regional Water Quality Control Board North Coast Region ,, William R. Masse},, Chairman bttp://w~v.waterboards.ca, gov/northcoast 5550 Skylane Boulevard, Suite A, Santa Rosa, California 95403 Phone 1-877-721-9203 Office (707) 576-2220 FAX (707) 523-0135 Arnold Schwarzenegger December 21, 2004 Mr. Richard Seanor . City of Uldah Department of Public Works 300 Seminary. Drive Ukiah, CA 95482 Dear Mr. Seanor: RECEIVED DEC 2 2 2004 CITY OF UKiAH DEPT. OF PUBLIC WORK8 Subject: File: Comments on Report of Investigation- Soil Excavation Ukiah City Corporation Yard, 1320 Airport Road, Ukiah, CA, Case No. 1TMC201 I have reviewed the Report of investigation - Soil Excavation (Report) prepared by EBA Engineering dated December 1, 2004. Following are my comments on the recommendations presented in the Report: I concur with your consultant's recommendation to develop and implement a feasibility study/corrective action plan (FS/CAP). The FS/CAP should be submitted to this agency by March 18, 2005. I concur with your consultant's recommendation to further define the extent of groundwater contamination off-site to the east. A workplan that describes the proposed investigation should be submitted to this agency by March 18, 2005. The hydrogeologic element of the workplan must be signed and stamped by a California Registered Geologist or California Registered Civil Engineer. I concur with your consultant's recommendation to continue quarterly ground water monitoring at the site. The next quarterly groundwater monitoring report should be submitted to this agency by December 31, 2004. California En vJronm en tM Pro tection Agency Illlll I Recycled Paper Mr..Richard Seanor -2- Attachment # ,~ December 21, 2004 Again, please submit the FS/Cap and workplan to define the extent of groundwater contamination by March 18, 2005. Please notify me at least five (5) business days prior to the next quarterly groundwater-sampling event so that the field procedures may be observed. The next quarterly groundwater monitoring report is due by December 31, 2004. If you have any questions, please call me at (707) 576-2671. Sincerely, Daniel L. Warner Environmental Scientist .. 122104_DLW_UC CY 15_S oilExcavationComments CC.' Mr. Wayne Briley, Mendocino County Health Department, 501 Low Gap Road, Room 1326, Ukiah, CA 95482 Mr. Eriksen Phenix, EBA Wastechnologies, 825 Sonoina Avenue, Santa.Rosa, CA 95404 CMif o rnia ~En viron men tal Pro tec tion Agency Recycled Paper ~NQiN~RINQ CIVIL & ENVIRONMENTAL ENGINEERS January 7, 2005 I I J III _ IIIII _ I RECEIVED JAN 1 2'2005 CITY OF UKIAH DEPT. OF PUBLIC WORKS Mr. Rick Seanor Department of Public Works City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 RE: COST ESTIMATE FOR PREPARATION OF FEASIBILITY STUDY / CORRECTIVE ACTION PLAN CITY OF UKIAH CORPORATION YARD UST INVESTIGATION 1320 AIRPORT ROAD, UKIAH, CALIFORNIA EBA Project No. 98-621 Dear Mr. Seanor: EBA En~4neering is pleased to present this cost estimate for the preparation of a Feasibility Study / Corrective Action Plan (FS/CAP) related to the underground fuel storage tanks formerly located at the Ukiah Corporation Yard. The FS/CAP was requested by the North Coast Regional Water Quality Control Board (NCRWQCB) in a letter dated December 21, 2004. The following presents a detailed scope of work and an estimated cost for the completion of the scope. SCOPE OF WORK The FS/CAP will include the preparation of a work plan to further define the extent of groundwater contamination to the east ofthe project site, as requested bythe NCRWQCB. The FS/CAP will also include a presentation of the estimated soil and groundwater contaminant mass remaining, an evaluation of the effectiveness of previous remedial activities, and a technical evaluation of various treatment methodologies. As part ofthe evaluation oftechnically viable treatment methodologies, the estimated future contaminant removal rates, estimated duration ofremediation, a full assessment of possible impacts, and associated capital and operations and maintenance (O&M) costs will be presented. The FS/CAP may also include proposals for pilot studies to provide data for technical evaluation of the proposed treatment methodologies. cosT ESTIMATE SUMMARY The estimated cost to implement the above scope of work is not-to-exceed $8,437.00. A detailed breakdown of the cost estimate is attached. L:~n,Aust~621 uldahcorp~o~ ~stimat ~s\~:ost ~'tF S C AP. doc 825 Sonoma Avenue,'Suite C 1 Santa Rosa, California 95404 (707) 544-0784 Also in Southern California FAX (707} 544-0866 Attachment CONCLUSIONS Throughout this project, additional new information may become available. This new information may result in a change in the Scope of Work, which may result in a change in the cost of the project. EBA will notify the client when there is a change in the cost and will not proceed without prior approval of the changes from the client. Throughout the project, EBA will make every effort to reduce the cost of the project by negotiating with regulatory agencies to eliminate unnecessary procedures and/or analytical costs. Thank you for allowing EBA this opportunity to perform environmental services for you. Should you have any questions or comments regarding this cost estimate, please contact EBA at (707) 544-0784. EBA will implement this Scope of Work immediately upon your approval. Sincerely, EBA ENGINEERING Erik Phenix Environmental Specialist Attach: Detailed COst Estimate L:~nv~sfi621 ukiahcorp~ost estin~es~cost~--tFSCAP.doc Attachment # N iii LU 0 >.. ~' > i i ITEM NO. 6h DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE WITH GARY GALLO, DBA UKIAH EQUIPMENT REPAIR FOR A PORTION OF THE UKIAH MUNICIPAL AIRPORT AND AUTHORIZATION OF CITY MANAGER TO EXECUTE AGREEMENT Staff has been attempting for several months to lease the property located at the northwest corner of the Ukiah Municipal Airport. The property was previously leased by Maacama Industries for its landscape maintenance operations and has been vacant since Maacama's relocation. Access to the property is from State Street and Hastings Road. The property is not connected to the taxiway and is not currently suitable for aviation purposes. A request for proposals was published in the newspaper and posted at the airport. Several interested parties responded and the proposals were submitted to the Airport Commission for consideration. The Airport Commission recommended staff pursue negotiations with Hertz Rentals for a new location of its airport automobile rental facility. After several months of negotiations, Hertz determined to remain in its current location and withdrew its proposal. (Continued on Page 2) RECOMMENDED ACTION: Approve lease with Gary Gallo, DBA Ukiah Equipment Repair, for a portion of the Ukiah Municipal airport ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine approval of lease requires further consideration and remand to staff with direction. 2. Determine approval of lease is inappropriate at this time and direct staff to not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Ukiah Equipment Repair Larry W. DeKnoblough, Community Services Director' ~1 Candace Horsley, City Manager, Paul Ritchey, Airport Manager Proposed Lease APPROVED: LD/C Gallo.Asr Candace Horsley, City Manag%. Staff then contacted Mr. Gary Gallo, owner of Ukiah Equipment Repair, who was the Airport Commission's second preference. Negotiations with Mr. Gallo have been successful and staff has prepared a draft lease for the property (Attached). The term of the lease is for three years in the amount of $500 per month with a CPI escalation clause, which is a $50 per month increase over the Maacama lease and is equivalent to other leases on the Airport. The lease also includes a 90 day termination clause in the event the City should determine to do so for any reason. Ukiah Equipment Repair is a small garden type equipment repair business which has been in operation in Ukiah for several years. A use permit for the business to be located on the Airport was required and approved by the Planning Commission on December 8, 2004. The conditions of approval adopted by the Commission for the project have been incorporated into the lease as Exhibit "C" to ensure compliance. Ukiah Equipment Repair is an established local business seeking an opportunity to expand and grow, which would be facilitated by leasing this property. Staff believes the proposed lease is a fair value for the property and will provide beneficial revenue to the Airport and is recommending approval of the lease and authorization of the City Manager to execute the agreement. Attachment LEASE AGREEMENT This Lease, made this 1st day of January, 2005, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Gary Gallo, DBA Ukiah Equipment Repair, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code 37380, 37389 and 37395 to lease municipal and airport property. 2. Under Government Code section 37389 the Lessor has the authority to lease airport property for a term not to exceed fifty (50) years for the construction and maintenance of hangars and related purposes. 3. Lessee intends to lease airport property and a hangar from Lessor for aviation related purposes. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor the real property located at the Ukiah Regional Airport, known as "the leased premises", as illustrated in Exhibit "^" 2. TERM. The term of this lease shall commence on the date indicated above, and shall continue in effect for a period of three years (3), expiring at midnight on February 1,2008. Lessee shall have the right to extend this lease contingent upon the terms and conditions agreed upon at that time. 3. RENT. 3.1 Amount. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $500 per month for the use of said property for the first year of this agreement. Commencing on February 1,2006, and each subsequent year thereafter, the rent shall increase at the rate equal to the Bay Area Consumer Price Index (CPI), however not to exceed 5%. 3.2 When due; late fees and interest. Rent shall be due on the fifth (5th) day of each month and shall be considered delinquent if not received by the Lessor's Finance Department located at 300 Seminary Avenue in Ukiah by 5:00 p.m. on the tenth (10th) day of the month. Lessee shall pay a late fee of $10, if the payment is delinquent. In addition, Lessor may charge Lessee interest on the unpaid portion of the delinquent payment until paid in full as provided in Ukiah City Code section 2051. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes, and assessments imposed on the leased premises, property located on or affixed to the lease premises or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. 4.1 Condition of the leased premises. Lessee hereby agrees to accept the use of the leased premised in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee assumes the obligation at its own expense to remove and properly dispose of any toxic or hazardous substances that may exist on the premises, if such substances are to exist on the premises and must be removed in order for Lessee to make use of the leased premises. Lessee represents that it has made a thorough in- spection of the premises and has undertaken to repair or been adequately warned of any conditions on the premises that might constitute a hazard or danger to persons using or present on the leased premises. 4.2 Use of Premises. Lessee shall use the leased premises in compliance with all conditions stated in Use Permit No. 04-55 attached as Exhibit "C". If Lessee fails to use the Leased Premises in compliance with said conditions for a period of ninety (90) days, the lease shall terminate and Lessee shall restore possession to Lessor. Lessee shall keep the premises neat and orderly, and clear of all cans, rags, boxes, excess aircraft parts, and other items. Lessee shall not interfere with the use of the airport by others and shall not maintain or allow a nuisance on the Premises. 4.3 Improvements and modifications. Lessee shall not make any improvements without the prior written approval of Lessor through its City Manager or his or her designee. 4.4 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements. 4.5 Storage or use of toxic or hazardous substances. Lessee shall not dispose or permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or toxic substances are disposed of or released on the leased premises during the term of this lease, Lessee shall assume the entire obligation to clean up any such substances and shall fully indemnify, defend and hold harmless the Lessor and its officers, agents and employees from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. 4.6 Permits. Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises. 4.7 Compliance with laws. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased' premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California, and the Federal Government. 4.8 Utilities. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or sublet the said premises or any part thereof without the written consent of the City Manager or designate. Lessor may terminate this lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assignment" includes both voluntary assignments and assignments that occur involuntarily or by operation of law. 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the leased premises, any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all claims, liability, loss, cost, or other obligation, including reasonable attorneys' fees, on account of or arising out of Lessee's use of the leased premises. 6.2 Liability insurance. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute a material breach of the lease and furnish grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event, Lessor shall have the right to terminate this lease and retake possession of the lease premises and any improvements which upon termination of the lease become of the property of Lessor. Lessor or Lessee, each at their sole option shall have the right to terminate this lease on ninety (90) days' prior notice of termination. If Lessee has not breached the lease at the time the lease terminates and Lessor determines to relet the premises to non-governmental persons or entities for hangar purposes, Lessee shall have a right of first refusal to relet the Premises on the same terms and conditions the Lessor offers to such other persons or entities, if Lessee notifies Lessor that it wishes to exercise such right within ten (10) days of the date it is notified by Lessor that Lessor intends to relet the Premises. 8. HOLDING OVER. Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, to enter upon the leased premises, or any part thereof, to inspect the same and all buildings and other improvements erected and placed thereon. 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs and attorneys' fees. 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. Any written notice required hereby shall be deemed given and received when personally served or placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: TO CITY: Gary Gallo 337 North Barnes Street Ukiah, CA 95482 City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 14. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 15. PREVIOUS AGREEMENTS. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 15. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: By: City Clerk LESSEE Its: // ' - - - LD/AGRZIP GalIo.AGR Lease area ,. II I/ ..;.t q % ,~1[ ,I / ,00~ Exhibit ~_ / 1 · ,00¢_ C Il A P T E R F I V E Exhibit ~,t INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise frown or In connection with the Lessee's operation and use of tile leased premises. The cost of such .insurance shall be borne bs' tile Lessee. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability, coverage ("occurrence' form CG 0001). 2. Workers' Compensation insurance as requi,red by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property Insurance against all risks of loss to any tenant improvements or betterments. Minimum Li~nits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 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 tl~is proje, ct/location or the general aggregate limit shall be twice the required occurrence Ii,nit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of tile City, either: the insurer sl~all reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of tile premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. I~,su~anae R~lulremes~t~ isa Contracts 27 C 11 A I) T IL R I;' i V E 3. Each insurance policy required l}y this clause sisal1 be endorsed to state tl~at coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers -Insurance is to be placed with insurers with a current A.M. Best's rating of no · less than A:VII. Verification of Coverag_e Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. ]~sura~ce ll'~luirement5 in Contracts 28 CONDITIONS OF APPROVAL: The following Conditions Of Approval shall be made a permanent part of Majo~ Use Permit No. 04-55, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: lo All use, construction, or occupancy shall conform to the application approved by the Planning Commission, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. '"'~ , , . , . , Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission. In .addition to any particular condition imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. Applicant shall be required to obtain and maintain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. The approved Use Permit may be revoked through the City's revocation process if the approved project related to the Permit 'is not being conducted 'in compliance with the stipulations and conditionS of approval; or if the project is not established within two years of the effective date of' approval; or if the established and use for which the permit was granted has ceased or has been suspended for twenty-four (24) consecutive months. Except as otherwise specifically noted, the Use Permit shall be granted only for the specific purposes stated in the action approving the Permit and shall not be construed as eliminating or modifying any building,' use, or zone requirements 'except as to such specific purposes. The applicants shall submit a Final Parking Plan to the Planning Department and this plan shall be approved by the Director of Planning pdor to the issuance of any permits to allow substantial site preparation or paving on the site. This plan shall include, but not be limited to the location and dimensions of all on-site parking, access lanes, and drive-through lanes. The applicants shall submit a Final Landscape Plan to the Planning Department and this plan shall be approved by the Director of Planning pdor to the issuance of any permits to allow substantial preparation or paving on the site and all plants included in this Plan shall be planted pdor to the issuance of an Certificate of Occupancy for the commercial structure unless the Director determines that an alternate planting schedule would be more favorable to the plants. This plan shall include, but not be limited to the following: (a) The use of bush and tree species that will not exceed a maximum crown height of 15 feet; (b) The use of bush and tree species that that grow well in the Ukiah climate, including native vegetation; : (c) The planting of deciduous trees in the perimeter areas along the parking lot's western and .southern sides; MAJOR USE PERMIT AGREEMENT NO. 04-55 . 10. 11. 12. 13. 14. (d) The location and species of all trees designated as Street Trees for the South State frontage area; (e) A planting legend that includes the names, location, coverage area, and the anticipated' maximum height and canopy cover of all vegetation at the time of maturity; (f) A planting schedule for all vegetation inStalled on the site; and (g) A maintenance schedule for existing or proposed vegetation, including a watedng schedule and irrigation system design. All landscaping shall be maintained in a neat, weed-free manner, and mayS'not be 'removed or substantially altered unless the Director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poody located on the site. Any vegetation removed from the site shall be replaced with similar vegetation approved by the Planning Director. The applicants shall submit a Final Lighting. Plan to the Planning Department and this plan shall be approved by the Director of Planning prior to the issuance of a Building Permit for the construction of the commercial building. This plan shall include, but not be limited to the following: (a) The exact location, type, and height of luminaries, including both building and ground. mounted fixtures; .. (b) The use of lighting standards that are hooded, shielded, fully cut-off and/or aimed downward; (c) The restriction of any light aimed'toward the night sky, adjoining buildings, or passing motorists; and (d) The limitation of all outdoor lighting to subdued displays and the minimal wattage necessary to provide security and safety. The applicants shall submit the final designs and samples of building materials for all signs installed on the subjeCt property to the Planning Department. and these signs shall be approved by the Director of Planning. and the Ukiah Airport Manager as signs that are consistent with the approved Sign Program. Minor deviations or modifications to the approved signs may be permitted so long as it is determined that the changes represent improvements to the approved signs, are compatible with the overall design and intent of the Sign Program, and are consistent with the Sign Code provisions and Commercial Development Design Guidelines provisions in effect at the time the sign changes are proposed. The Planning Director shall approve 'the final location and final designs for the required storage structure and any other appurtenant structures on the site. These structures shall utilize designs and building materials that are consistent with those approved for the primary commercial building. Motorcycles, all-terrain vehicles, or other small vehicles shall not be outdoors unless they are placed in a secure and screened storage area that has been reviewed and approved by the Director of Planning and the Ukiah Airport Manager. Ali conditions that do not contain Specific completion periods shall be completed prior to release of final building inspection and issuance of a Certificate of Occupancy for the building.. M. ASOR USE PE~ AGR.EE~ NO. 04-55 ITEM NO. 8a DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION ESTABLISHING POLICIES FOR AMPLIFIED SOUND IN PARKS AND OUTDOOR CITY OWNED FACILITIES Due to the lengthy agenda, Council continued this item from the January 5 meeting. As no revisions to the resolution have been made staff has attached is the report which was provided to Council at that time. RECOMMENDED ACTION: Adopt Resolution establishing policies for amplified sound in the parks and outdoor city owned facilities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution requires further consideration and remand to staff with direction. 2. Determine adoption of resolution is inappropriate and do not move to approve. LD/ZIP2 Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Council Member Baldwin Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager, David Rapport, City Attorney, Sage Sangiacomo, Community Services Supervisor Attachment: January 5, 2005 Agenda Summary Report APPROVED: Candace Horsley, City I~nager ITEM NO. 8b DATE: January 5, 2005 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF POLICY RESOLUTION FOR AMPLIFIED SOUND IN PARKS AND OUTDOOR CITY OWNED FACILITIES At the last meeting, Council discussed several issues related to noise control within the City including a revised ordinance and a policy resolution for amplified sound in the City's parks and other outdoor City-owned facilities. At that time Councilmember Baldwin expressed concern that consideration of the proposed resolution would require more extensive discussion and requested the item be continued. The Council voted to introduce the ordinance which is on this agenda for adoption. Current city policy only requires a permit to be issued by the Community Services Director when amplified music is played by a group which has reserved a park site. This requirement does not apply if a park site is not reserved. These policies also provide time limits as to when and how long the music can be played. Other than these limitations, the citywide noise ordinance is the only other restriction on amplified sound in the parks. (Continued on Pa,qe 2) RECOMMENDED ACTION: Adopt Resolution establishing policies for amplified sound in the parks and outdoor city owned facilities. ALTERNATIVE couNCIL POLICY OPTIONS: ' 1. Determine resolution requires further consideration and remand to staff with direction. 2. Determine adoption of resolution is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: o N/A Councilmember Baldwin Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager, David Rapport, City Attorney, and Sage Sangiacomo, Community Services Supervisor Proposed Resolution Councilmember Recommendations A PPROVED:"-~~'~~~ LD/C Candace Horsley, City Manger AmplifiedSound Park05.Asr The proposed resolution requires a permit for all amplified sound in the parks and other city- owned outdoor facilities, limits the number of permits which can be issued for events that continue past 8:00 p.m., and provides that such events cannot last longer than four hours. The resolution also declares that violation of the resolution or the terms of a permit issued under the resolution constitute violations of the City noise ordinance and are subject to the penalties for violating the ordinance. Councilmember Baldwin has submitted a list of recommendations, identifying a specific number of allowable events for Todd Grove Park and Alex R. Thomas Plaza. He also recommends prohibiting all amplified sound at Vinewood, Orchard, Observatory, McGarvey, River Park, or at any other City owned open space or property. Council should note that Observatory and Orchard are not officially parks and River Park is only partially developed and not generally open to the public. Councilmember Baldwin's recommendations are provided as Attachment #2. While the use of City parks in the peak summer season is extensive and many private and community events occur each weekend, staff has received less than 5 complaints over the last three to four years regarding the use of amplified sound at these events and only two of these were based on volume or frequency. Staff is returning this item to Council for further discussion and possible adoption of the proposed resolution. ~achrnent .,~_ / RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING POLICIES REGULATING AMPLIFIED SOUND IN PARKS, STREETS, AND OTHER CITY OWNED OUTDOOR AREAS WHEREAS, on the City Council adopted Ordinance No. amending Ukiah City Code ("UCC") Sections 6058 and 6060 entitled "Noise Regulation" and Section 1985, entitled "Parks and Recreation Facilities, for the purpose of better regulating noise throughout the City; and WHEREAS, the City Council wishes to preserve a reasonable balance between the need to protect the quiet enjoyment of residential neighborhoods and the use of City parks, streets (when used pursuant to a City issued encroachment permit) and other City-owned outdoor facilities for community events; and WltEREAS, to achieve this objective the City Council of the City of Ukiah wishes to establish specific policies for the regulation of amplified sound in parks, streets, and other City owned outdoor facilities. "Amplified sound" is defined as any sound that is broadcast through electronically amplified equipment or sound that is electronically enhanced. NOW, THFREFORE, BE IT RESOLVED that to provide guidance in the implementation of the City's Noise Ordinance (UCC Sections 6045-6062), the City Council of the City of Ukiah does hereby adopt the following policies and regulations for the use of City parks, streets, and City-owned outdoor areas. The regulations numbered 1-7, below, will apply to the use of City parks pursuant to a permit issued in accordance with UCC Section 1922 as well as all other users of City parks, streets (when used pursuant to a City issued encroachment permit) and City-owned outdoor facilities. They do not apply to City sponsored events: There shall be no amplified sound from live music, disc jockeys, bullhorns or public address systems without a prior approved permit from the Director of Community Services. . Amplified sound is prohibited prior to 10:00 a.m. or after 7:00 p.m., Sunday through Thursday and 8:00 p.m. on Friday and Saturday, unless authorized by a permit issued pursuant to this resolution. . There shall be no more than three (3) permits issued for any single location in any single year which authorizes amplified sound from live music, disc jockeys, bullhorns or public address systems after 8p.m. Any such event shall not use amplified sound from such sources after 10 p.m. . No event, group, or individual shall be permitted to produce amplified sound for a period greater than four (4) hours. . Any use of amplified sound, including at permitted events, shall be maintained at a level that does not unreasonably interfere with the overall enjoyment of a park or public area by others. . In issuing a permit pursuant to this resolution, the Director of Community Services shall not consider the content of the sound being amplified or the identity of the individual or group submitting the application, the sole concern of this resolution being the time, place and manner in which amplified sound is used on City-owned outdoor property. Any applicant who believes a permit has been denied based on the content of the sound it seeks to produce or the identity of the applicant shall have a right to an immediate appeal of that decision to the City Manager who must decide the appeal within twenty-four hours after it is filed. The appeal may be made by filing a written request for an appeal with the City Clerk. The City Manager' s decision shall be final for the City and shall be subject to immediate judicial review. . Failure to comply with these regulations shall be deemed a violation of the Noise Ordinance and UCC Section 1985 and may result in either summary revocation of the subject party's permit or a fine pursuant to UCC Section 6060 or both. BE IT FURTHER RESOLVED that City sponsored events shall be conducted so as to not unreasonably interfere with the quiet of residential neighborhoods, while, at the same time, making City parks, streets (when used pursuant to a City issued encroachment permit) and City-owned outdoor facilities reasonably available and useful for community events, such as, but not limited to, the summer Concerts in the Park. PASSED AND ADOPTED this AYES: NOES: ABSENT. day of ,2005 ATTEST: Mark Ashiku, Mayor Marie Ulvilla, City Clerk LD/C Noise04.Res To: Ukiah City Council From: Phil Baldwin Date: December 18,2004 Attachment # ~-~ A Suggested City Policy on Amplified Music Allowable Outdoor Amplified Sound Events in City Limits of Ukiah. Todd Grove Park (15 days) 1. Six City Sponsored Concerts 2. July 4th Celebration by permit application 3. Memorial Day Celebration by permit application 4. Veterans Day Celebration by permit application. 5. Mothers Day Celebration by permit application. 6. Two Theatrical Performance in the Park by permit application. 7. One City Sponsored Ukiah Symphony Orchestra Concert in the Park 8. Two day Traditional Ukiah Swim Meet by permit application There should be NO amplified sound (which can be heard from 100 feet)from any source for private parties and picnics allowed in Todd Grove Park. No permits should be issued for amplification beyond the fifteen noted above. Four tasteful signs in English and Spanish should be placed at the Park perimeter to this effec[ Downtown Plaza & School Street (38 days) 1. Cinco de Mayo Celebration 2. Taste of Downtown 3. Pumpkin Festival 4. Five Summer City Sponsored Movie or Concert Nights 5. 30 additional days by permit application. Fair Grounds: A problem but controlled by State appointed Fair Board There should be NO amplified sound at the following Parks: Vinewood, Orchard, Observatory, McGarvey, River or any City owned open space or property. (Conceivably there might be exception at River Park but o__nlg for BMX and baseball events.) AGENDA ITEM NO: MEETING DATE: 8b January 19, 2005 SUMMARY REPORT SUBJECT: CONTINUED ITEM: APPROVE AMENDMENTS TO THE ORDINANCE AS INTRODUCED AMENDING SECTIONS 1985, 6058, AND 6060 OF THE UKIAH CITY CODE REGARDING NOISE REGULATIONS Due to time constraints at the January 5 Council meeting, this item was continued. The complete January 5 agenda summary report is attached. RECOMMENDED ACTION: Approve amendments to ordinance as introduced amending City noise regulations and noise regulations for City parks and facilities. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager Patsy Archibald, Risk Manager and David Rapport, City Attorney 1. January 5 Agenda Summary Report, Item 8c Approved: Candace Horsley, Cit'. nager 4:CAN/ASR.NoiseRegulafions.011905 ITEM NO. 8c DATE: . January 5, 2005 AGENDA SUMMARY REPORT SUBJECT: APPROVE AMENDMENTS TO THE ORDINANCE AS INTRODUCED AMENDING SECTIONS 1985, 6058, AND 6060 OF THE UKIAH CITY CODE REGARDING NOISE REGULATIONS At the City Council meeting of December 15, 2004 a report regarding possible amendment to the City Noise Regulations Ordinance was introduced. The Ordinance was introduced by a 5 to 0 vote of the City Council. Since Council's introduction of the Ordinance, staff realized that under 'Section Two, Section 1985: Amplifiers', that the Ordinance did not reflect the proposed resolution regarding Amplified Sound in City Parks and therefore, staff has revised this section of the Ordinance. If the Council agrees with this amendment they will need to approve this change at tonight's meeting and adopt the Ordinance at the January 19, 2005 Council meeting. Attached is the report and revised Ordinance to amend Ukiah City Code Sections 6058 and 6060 in Division 7, Chapter 1, Article 6, entitled "Noise Regulation" and Section 1985 in Division 1, Chapter 12 entitled "Parks and Recreation Facilities". Staff is recommending the a~endments to the City Ordinance be approved as written. RECOMMENDED ACTION:' Approve Amendments to Ordinance as Introduced Amending City Noise Regulations and Noise Regulations for City Parks and Facilities. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Patsy Archibald, Risk Manager Candace Horsley, City Manager; David Rapport, City Attorney 1. ASR from December 15, 2004 meeting for introduction of Ordinance Amending City Noise Regulations and Noise Regulations for City Parks and Facilities. 2. Ordinance Amending Sections 1985, 6058 and 6060. ... Candace Horsley, ~ty Manager ITEM NO. DATE: Attachment # December 15, 2004 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE INTRODUCTION OF ORDINANCE AMENDING CITY NOISE REGULATIONS AND CONSIDERATION AND POSSIBLE ADOPTION OF NOISE REGULATIONS FOR CITY PARKS AND FACILITIES The City Council requested a review of the City's noise ordinance and the City policies governing the use of amplified sound in City parks and other outdoor facilities. The Council wanted to make the noise ordinance more effective and to address concerns expressed about the impact of amplified sound on neighborhoods where City parks and other outdoor facilities are located. Based on that direction, City staff, including the City Attorney, Police Chief, City Manager and Parks and Recreation Director, conducted a review of the noise ordinance and noise regulations affecting City parks. The City has an ordinance regulating noise in the City limits. (See Ukiah City Code (UCC) Sections 6045-6062. (Copies attached as Attachment 1.) That ordinance regulates sound in two principal ways: (1) it imposes decibel limits in different zoning districts, based on time of day (see {}6048), and (2) it establishes a "general noise regulation" which makes it unlawful for any person to willfully make "... any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort' or annoyance to any reasonable person of normal sensitiveness residing in the area." (See Section 6058.) As currently written Section 6058 requires the use of ten listed "standards" to determine whether a violation has Continued on Page 2 RECOMMENDED ACTION: Introduce by title only the ordinance amending Sections 6058, 6060 and 1985 of the Ukiah City Code and introduce the ordinance, after the title is read by the City Clerk ALTERNATIVE COUNCIL POLICY OPTIONS: Leave these sections unchanged or propose alternative amendments to the City noise regulations. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council David J. Rapport, City Attorney, Larry DeKnoblough, Director of Parks and Recreation Candace Horsley, City Manager, John Williams, Police Chief 1. UCC Sections 6045-6062, 2. Ordinance Amending Sections (Clean), 3.Ordinance Amending Sections (Redlined) APPROVED: Candace Horsley, City Manager CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION - SETTLEMENT AGREEMENT December 15, 2004 Page 2 of 2 occurred. In practice, the Police Chief reports that his department would not issue a citation for a violation of this section, unless several residents of a neighborhood complained about a particular incident. In reviewing the noise ordinance the City staff concluded that it would be more enforceable, if three changes are made. 1. Objections could be made that Section 6058 is too vague to be enforceable because of the language requiring the use of all ten of the listed standards and because the standards themselves are unclear as written. Accordingly, staff proposes amending the section to make use of one or more of the standards permissive rather than mandatory and the description of some of the standards is revised to make them clearer and easier to apply. 2. Currently, Section 6060 makes a violation of the noise ordinance a misdemeanor punishable by a fine, imprisonment in the County jail or both. As a result, if a citation is issued for a violation of the ordinance, the defendant is entitled to a jury trial. If a trial is requested, the district attorney must prosecute the case. To reduce the time and cost of prosecuting such violations, staff proposes amending Section 6060 to make a violation an infraction punishable by a fine only. The fine goes up for multiple offenses within one year. With this change most violations can be resolved in court without the participation of lawyers and the defendant is not entitled to a jury trial. 3. Section 1985 addresses the use of amplifiers in City parks and provides that the noise ordinance will apply to that use, unless the City Manager or the Director of Recreation and Parks has issued a permit pursuant to Section 1992 which allows for the exclusive use of all or a portion of a park. If the permit is issued, the use of amplifiers, including decibel limits, is regulated by conditions in the permit. No provision is made for the Concerts in the Park or other City sponsored events. To avoid the complaint that City sponsored events may violate the decibel limits in the noise ordinance or the general noise regulation, Staff proposes amending this section to make an exception for City sponsored events and to authorize the City Manager to adopt regulations for City sponsored events. A copy of the ordinance amending these sections in a clean and a redlined version is attached as Attachments 2 and 3, respectively. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE SECTIONS 6058 AND 6060 IN DIVISION 7, CHAPTER 1, ARTICLE 6, ENTITLED "NOISE REGULATION " AND SECTION 1985 IN DIVISION 1, CHAPTER 12 ENTITLED: "PARKS AND RECREATION FACILITIES." The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections 6058 and 6060 in Division 7, Chapter 1, Article 6 of the Ukiah City Code, entitled "Noise Regulation" are amended to read as follows: §6058: GENERAL NOISE REGULATIONS: Notwithstanding any other provisions of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Standards which may be considered in determining whether a violation of the provisions of this Section exists include, but are not be limited to, the following: A. The level of the noise; B. The intensity of the noise; C. Whether the nature of the noise is unusual; D. Whether the noise stands out against the level and intensity of the background noise, if any; F. The proximity of the noise to residential sleeping facilities; G. The nature and zoning of the area within which the noise emanates; H. The density of the inhabitation of the area within which the noise emanates; I. Whether the noise occurs at a time of day when most people expect relative quiet; ORDINANCE NO. 1 J. Whether the noise occurred only once for a shod period of time or occurs more than once and for longer periods of time: and, K. Whether the noise is produced by a reasonable commercial activity during normal business hours. 6060: VIOLATIONS; INFRACTION: Any person violating any of the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each additional violation within one year of committing the first offense. SECTION TVVO Section 1985 in Division 1, Chapter 12 of the Ukiah City Code, Entitled "Park and Recreation Facilities" is hereby amended to read as follows. 1985: AMPLIFIERS: The Noise Ordinance of the City shall be effective in City parks and other City owned outdoor facilities unless a permit has been obtained or the park is being used by the City for a City sponsored event. The City Manager or the Director of Recreation and Parks shall have the authority to issue the permit described herein and to establish policies for City sponsored events under reasonable decibel limitations. Any person failing to abide by the decibel limitations in the conditions of such permit may have the permit summarily revoked by a police officer or other duly authorized City representative. SECTION THREE This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption Introduced by title only on ,200_, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on AYES: ,200_ by the following roll call vote: ORDINANCE NO. 2 NOES: ABSENT: ABSTAIN: , Mayor ATTEST: , City Clerk . I I IIIII -- ~ -- ORDINANCE NO. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE SECTIONS 6058 AND 6060 IN DIVISION 7, CHAPTER 1, ARTICLE 6, ENTITLED "NOISE REGULATION "AND SECTION 1985 IN DIVISION 1, CHAPTER 12 ENTITLED: "PARKS AND RECREATION FACILITIES." The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections 6058 and 6060 in Division 7, Chapter 1, Article 6 of the Ukiah City Code, entitled "Noise Regulation" are amended to read as follows: §6058: GENERAL NOISE REGULATIONS: Notwithstanding any other provisions of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Standards which may be considered in determining whether a violation of the provisions of this Section exists include, but are not limited to, the following: A. The level of the noise; B. The intensity of the noise; C. Whether the nature of the noise is unusual; D. Whether the noise stands out against the level and intensity of the background noise, if any; E. The proximity of the noise to residential sleeping facilities; F. The nature and zoning of the area within which the noise emanates; G. The density of the inhabitation of the area within which the noise emanates; H. Whether the noise occurs at a time of day when most people expect relative quiet; ORDINANCE NO. 1 I. Whether the noise occurred only once for a short period of time or occurs more than once and for longer periods of time: and, J. Whether the noise is produced by a reasonable commercial activity during normal business hours. 6060: VIOLATIONS; INFRACTION: Any person violating any of the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each additional violation within one year of committing the first offense. SECTION TWO Section 1985 in Division 1, Chapter 12 of the Ukiah City Code, Entitled "Park and Recreation Facilities" is hereby amended to read as follows. 1985: AMPLIFIERS: The Noise Ordinance of the City shall be effective in City parks and other City owned outdoor facilities unless a permit has been obtained or the park is being used by the City for a City sponsored event. The City Manager or the Director of Community Services shall have the authority to issue the permit described herein and to establish policies for City sponsored events. Any person failing to abide by the conditions of such permit may have the permit summarily revoked by a police officer or other duly authorized City representative. SECTION THREE This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption Introduced by title only on ,200_, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on AYES: NOES' ,200_ by the following roll call vote: ORDINANCE NO. 2 ABSENT: ABSTAIN: , Mayor ATTEST: , City Clerk ITEM NO. DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF POSSIBLE SALES TAX BALLOT MEASURE SUMMARY: As discussed at the last City Council meeting attached as Attachment 1 is an ordinance for enacting as a general tax a ~ cent sales tax increase in the City. In addition, I have done some additional research on how two ballot measures could be used to enact a sales tax increase in the City. One measure would enact a ~ cent sales tax increase as a general tax. The other measure would be an advisory measure indicating the intent of the voters as to how the additional sales tax revenue should be spent. In Coleman v. Santa Clara County (CA 6 1998) 64 Cal. App. 4th 662, the court of appeal upheld the use of two such measures and concluded that the sales tax measure was a general tax, requiring only a simple majority vote to pass, despite the fact that it was accompanied by a separate advisory measure indicating voter intent as to how the additional tax revenue should be spent. Ukiah could use this same device to reduce from 2/3 to a simple majority the number of yes votes required to enact a sales tax increase in the City, while, at the same time, allowing voters to indicate how the City Council should spend the additional revenue. Under Elections Code Section 9603, the results of the advisory vote will in no manner be controlling on the City Council, and it would be free to use the revenue generated by the tax for any general fund purpose. However, in making its decisions the City Council could be guided by the results of the advisory measure, and the voters would have the opportunity to indicate how they would like the funds to be spent. RECOMMENDED ACTION: Discuss ordinance and provide direction to staff ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: None Requested by: City Council Prepared by: City Attorney Coordinated with: City Manager Attachments: 1. Draft general sales tax ordinance APPROVED: Candace Horsley, ¥ity Manager Sales Tax Ordinance December 15, 2004 Page 2 of 2 Opponents of the sales tax increase may challenge the use of an advisory measure by saying that it doesn't impose a legally enforceable obligation on the City Council to spend the tax increase as specified in the measure. In my opinion, however, if the separate ballot measure imposed a legally enforceable obligation on the City Council to use the proceeds of the tax for specific purposes, the two measures, taken together, may constitute a special tax requiring a 2/3 majority vote to pass. The content of a general sales tax ordinance is prescribed by Revenue & Taxation Code §7285.9 and the State Board of Equalization. (See Attachment 1 .) Examples of alternate advisory measures will be prepared for the Council meeting. ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF UKIAH ADOPTING CHAPTER 8C OF DIVISION 1 OF THE UKIAH CITY CODE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of Ukiah hereby ordains as follows: A new Chapter 8C of Division 1 is hereby added to the Ukiah City Code to read as follows: Article 1. General. §1735: TITLE: This ordinance shall be known as the City of Ukiah Transactions and Use Tax Ordinance. The City of Ukiah hereinatter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. §1736: OPERATIVE DATE: "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. {}1737: PURPOSE: This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax as authorized by Revenue and Taxation Code Section 7285.91 in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be effective and operative if a 2/3 majority of the City Council adopts this ordinance and a simple majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions ATTACHMENT 1 and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. E. To raise revenue for the general fund purposes of the City of Ukiah as further provided herein. § 1738: CONTRACT WITH STATE: Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execUtion of such a contract. Article 2. Transactions and Use Tax §1739: TRANSACTIONS TAX RATE: For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated and unincorporated territory of the City at the rate of one-half of one percent (.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. {}1740: PLACE OF SALE: For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carder for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. §1741: USE TAX RATE: An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-half of one percent (.5%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. §1742: ADOPTION OF PROVISIONS OF STATE LAW: Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. §1743: LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES: In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: ATTACHMENT 1 A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. §1744: PERMIT NOT REQUIRED: If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. §1745: EXEMPTIONS AND EXCLUSIONS: A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraf~ to be used or consumed principally outside the County in which the sale is 3 ATTACHMENT 1 made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carder for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional fight to terminate the contract or lease upon notice, whether or not such fight is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carders of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4 ATTACHMENT 1 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. Article 3. Permissible Uses of Transactions and Use Tax §1746. USES OF TAX: The revenues generated by this tax shall be deposited in the General Fund of the City of Ukiah and may be used for the general governmental purposes of the City of Article 4. Miscellaneous {}1747: AMENDMENTS: All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. ATTACHMENT 1 §1748: ENJOINING COLLECTION FORBIDDEN: No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. SECTION THREE 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon its approval by the voters as provided in Section 1737.A. Approved on Council: ., 2005 by the following roll call vote of the Ukiah City AYES: NOES: ABSENT: ABSTAIN: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk ITEM NO. 8d DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION TO PROCEED WITH ADOPTION OF ZONING ORDINANCE REGULATING THE GROWING OF MARIJUANA IN THE CITY LIMITS SUMMARY: At its meeting on January 5, 2005, the City Council discussed a preliminary draft zoning ordinance that would regulate the growing of marijuana in the City. The City Council suggested a number of changes and additions to the draft ordinance. These included the following: 1. Limiting the number of plants that can be grown on a parcel in a residential zoning district to six (6); 2. Requiring a use permit to grow marijuana anywhere in the City; 3. Requiring that all marijuana be grown indoors in a secure location; 4. Prohibiting marijuana from being grown on a parcel within 300 feet of the grounds of an educational facility, park or recreation center, religious assembly, or facility catering to children, the elderly or the infirm; 5. Requiring the property owner(s) to sign a statement acknowledging that growing marijuana may violate the federal Controlled Substances Act with potential penalties for the property owner, including forfeiture of the property, consenting to the use of the property for this purpose, and agreeing to release the City from any liability to the property owner or the applicant for issuing or administering the use permit; and 6. Issuing the use permits for no more than a one year period and requiring a renewal application to extend the permit for each additional year. Continued on Page 2 RECOMMENDED ACTION: Authorize staff to initiate procedures to adopt the proposed amendment to the City zoning ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: Request changes to the draft ordinance. Elect not to proceed with the enactment of the ordinance Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: None City Council City Attorney City Manager, Police Chief, Planning Director 1. Redlined draft ordinance. 2. Clean version of draft ordinance Candace Horsley, Ci~ Manager Marijuana Ordinance January 19, 2005 Page 2 of 2 The attached draft ordinance contains all of these changes. (See Attachments 1 and 2, a redlined version of the draft ordinance, showing the changes from the prior version, and a clean copy of the revised ordinance, respectively.) It is divided into five subsections A- Definitions, B - Requirements for Residential Zoning Districts, C- Requirements for Non-Residential Zoning Districts, D - Requirements for Applications for the Use Permit, and E - Permit Renewal. In addition to requiring a major use permit for growing marijuana anywhere in the City, the attached draft ordinance establishes different limitations for residential zoning districts (see Attachment 1 or 2, Section 9254.B) and non-residential zoning districts. (Section 9254.C.) In a residential district, no more than six marijuana plants may be grown on a parcel. In non-residential districts no more than six mature and 12 immature plants per patient may be grown on a parcel. In residential districts only a qualified patient who has the legal right to possession of the parcel can grow marijuana on the parcel. In non- residential districts, a primary caregiver can grow marijuana in addition to a qualified patient. In non-residential zoning districts the applicant is subject to a criminal history investigation. That is no required in residential districts of qualified patients. In non- residential districts a primary caregiver must provide evidence for each patient he or she claims to be growing marijuana for, and that he or she will only receive payments from a qualified patient that constitute bona fide reimbursement for his or her actual expense of cultivating and furnishing marijuana for the patient's approved medical treatment. In non-residential districts marijuana may not be smoked or consumed on the parcel where it is grown. That is not true in residential districts. In all districts the applicant must agree to inspections of the property to verify compliance with the ordinance, must provide information showing that the indoor cultivation will be undertaken in compliance with uniform codes and will not create a fire, health or safety hazard, and must provide evidence that he or she has lawful possession of the property (in addition to the owner consent, etc.). The use permit will be processed using the procedures that apply generally to use permits under Ukiah City Code Section 9262, which, among other things, requires 10 days prior written notice of a public hearing by newspaper publication and direct mail to owners of property within 300 feet of the subject parcel. To grant the permit, the Planning Commission must make certain findings, including that the proposed land use is compatible with surrounding land uses and shall not be detrimental to the public's health, safety and general welfare. It may also impose conditions of approval that promote the safe and orderly use of the property and assure compatibility with surrounding land uses. The conditions may include a prohibition on the use, until an inspection verifies compliance with any conditions which have been imposed. Since the proposed ordinance will be added to the City zoning ordinance, it may be adopted only after both the Planning Commission and the City Council hold at least one noticed public hearing each. (See UCC §9265.) Once the City Council approves the text of the proposed ordinance, it should authorize staff to proceed with the procedures for amending the zoning ordinance. Attachment ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 9254, ENTITLED: "MARIJUANA CULTIVATION," TO DIVISION 9, CHAPTER 2, ARTICLE 19 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE The City Council hereby finds and declares as follows: 1. In November 1996, the voters of California approved Proposition 215, the Compassionate Use Act of 1996, which enacted Health and Safety Code Section 11362.5. Under the Compassionate Use Act, Health and Safety Code Section 11357, making it a crime to,possess marijuana, and Section 11358 making it a crime to cultivate marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. 2. Since the enactment of the Compassionate Use Act, 264 persons with residence addresses in the City of Ukiah have been issued medical marijuana identification cards by the Mendocino County Sheriff's Department. 3. The number of parcels in the City used to grow marijuana has increased substantially. The City Police Department estimates that, up to 250 parcels are currently being used to grow marijuana throughout the City's residential neighborhoods. 4. Marijuana plants as they begin to flower and for a period of 2 months or more dudng the growing season (_~u_g_u~t_~Q_q._t_o_b__e_r)_produce an extremely strong odor, offensive to many people, and detectable far beyond property boundaries. One popular strain of marijuana is called "Skunk" or "Super Skunk" and has a strong odor that resembles the smell of a skunk. 5. The strong smell of marijuana advertises its presence in the neighborhood and creates both an attractive nuisance and the risk of robbery and armed robbery. 6. Recently, the City planning and police departments have received numerous odor complaints related to the growing of marijuana in residential neighborhoods. The Mendocino County Air Quality Management District ("MCAQMD") reports an accelerating ORDINANCE NO. 1 Delel~l: the Deleted:, at least, increase in formal air quality complaints associated with the growing of marijuana in residential neighborhoods in the City of Ukiah. In 2002, the MCAQMD received two such complaints; in 2003, five complaints; and by October 31, 2004, it had received over 20 formal complaints for 2004. In addition, in 2004 MCAQMD received an additional two dozen informal calls complaining about marijuana odor in residential neighborhoods in the City. 7. Several highly publicized recent events have called attention to the impact on public safety caused by the growing of marijuana in residential neighborhoods of the City. In one recent incident a property owner was shot in the hand by an intruder caught stealing marijuana from the property owner's backyard. The intruder gained entrance through a neighboring property and passed the neighbor's bedroom window, carrying a loaded handgun. ,In 2004 the City police department reports numerous calls to the department to respond to incidents related to the growing of marijuana in residential neighborhoods. 8. At a City Council meeting on November 3, 2004, several members of the public testified to problems in their neighborhoods related to marijuana cultivation, including impacts associated with intense cultivation of as many as 100 mature plants, growing as tall as 14 feet, within a 100 square foot area. These impacts ranged from increased traffic to acts of violence and intimidation. 9. The Mendocino County District Attorney refuses to prosecute persons who grow marijuana as long as the person claims to be growing it pursuant to Proposition 215 and within a 100 square foot area on his or her property. As a result, City Police have been unable to take enforcement action, even where cultivation of marijuana for sale is suspected. 10. The City of Ukiah is a relatively small city with a population of approximately 15,000 people. It has three full-time planners in its Planning Department, one part-time code enforcement officer and one building inspector. It has limited resources available to engage in extensive regulation of marijuana cultivation. 11. Limiting the number of plants per parcel that,medical marijuana patients may .qrow in residential neiqhborhoods and requiring that that they be grown indoors within a secure structure should alleviate a number of the above-described problems. ,These requirerments should substantially reduce the public nuisance caused by the odor of mature plants. It should make marijuana cultivation less visible and less attractive to young people or potential thieves. It should prevent cultivation for sale and the associated public safety problems., 12. The US government has established a medical marijuana dose range of between one half and three quarters of a pound per patient per month.~ After reviewing 1 See: Chronic Cannabis Use in the Compassionate Investigational New Drug Program: An Examination of Benefits and Adverse Effects of Legal Clinical Cannabis. ORDINANCE NO. 2 Deleted: can be grown in residential neighborhoods by Delet~cl: At the same time, a simple limit on the number of plants should keep administration and enforcement of this ordinance within the limited resources of the City's planning, building, and .p0!i~e departments. the dose range established by the federal govemment, the Oakland City Council adopted a limit of three pounds per year per patient, with a related plant-count limit for cultivation. In Sonoma County medical marijuana patients are allowed to possess enough cannabis to support their personal use of up to three pounds per year. Other communities have set limits per patient of between one-half to two pounds. 13. According to Cannabis Yields by the DEA, various types of,cannabis plants under various,planting conditions may yield averages of 236 grams, or about one half pound, to 846 grams, or nearly two pounds. A weighted average results in an average domestic plant yield of 448 grams, or approximately 1 pound per plant.2 14. While a particular patient under Health and Safety Code Section 11362.77 may be exempt from cdminal prosecution under state law, if he or she possesses six ,mature plants, or twelve immature plants, six mature plants can yield ~__~ to,twelve pounds of marijuana which should provide access to sufficient marijuana for the medical use of most patients under the Compassionate Use Act. Any additional marijuana required by a patient can be obtained from other sources, including marijuana dispensaries in the Ukiah area, or from cultivation permitted under this ordinance in non-residential zoning districts. 15. Given the above-described public nuisance and public safety problems associated with growing marijuana in residential neighborhoods within the City, a,~_.X_ plant per parcel limit strikes a reasonable balance between a medical marijuana patient's requirements and the quality of life in the City's residential neighborhoods. 16. It is the City Council's intention that nothinq in this Ordinance shall conflict with federal law as contained in the federal Controlled Substances Act, 21 U.S.C. Section 801 et seq., nor to otherwise permit any activity that is prohibited under that Act. It is further the City Council's intention that nothinq in this Ordinance shall be construed to (1)_allow persons to enqa.qe in conduct that endanqers others or causes a public nuisance, (2) allow the use of marijuana for non-med!cal purposes, or (3) allow any activity relating to the cultivation, distribution, or consumption of mariiuana that is otherwise illeqal. SECTION TWO Section 9254 is hereby added to Division 9, Chapter 2, Article 19 of the Ukiah City Code to read as follows. §9254: MARIJUANA CULTIVATION: Marijuana ,may be grown in the zoning districts of the City of Ukiah, if at all, only in accordance with the provisions of this Section, 2. See study at: Cannabis Yields, June 1992, DEA. Information from Marijuana Patient Use And Cultivation Limits, Martin Martinez, Lifeline Foundation at www.cannabismd.orq/foundation. Deleted: outdoor Deleted: or more Deleted:, three '..D_~!?_ _t~!_!_ three Deleted: six Deleted: three ; i Deleted: can ~ ! Deleted: · ORDINANCE NO. 3 Cultivation of marijuana on parcels within the City that does not comply with this Section constitutes a violation of the zoning ordinance and is subject to the penalties and enforcement as provided in Article 22, commencing with § 9350. A. ~efinitions: For purposes of this Section, the following terms shall have the following meanings: Formatted: Underline 1. , "Evidence" means with respect to a qualified patient, the information described in Health and Safety Code §11362.715(a)(2) or a medical marijuana identification card issued by the Mendocino County Health Department or Sheriff's Department, and with respect to a primary caregiver, evidence that the caregiver's patient is a qualified patient and a written designation from the caregiver's qualified patient designating him or her as that patient's primary caregiver, and additional information demonstrating that the primary caregiver satisfies the definition of primary caregiver in Health and Safety Code Section 11362.7(d). 2. "Owner" means the owner or owners of record of a parcel as shown on the last equalized assessment roll maintained by Mendocino County. 3. "Parcel" means property assigned a separate parcel number by the Mendocino County Assessor; 4. "Person in lawful possession" means the person who has the legal right to occupy and use a parcel on which medical marijuana is cultivated. 5. "Primary caregiver" means a "primary caregiver" as defined in Health and Safety Code Section 11362.7(d). 6. "Qualified patient" means a "qualified patient" as defined in Health and Safety Code Section 11362.7(f). 7. "Secure location" means a space within a building or structure which can only be entered through a locked door that requires a key or combination to open and which is secure against unauthorized entry. B. Marijuana Cultivation in Residential Zoninq Districts. Marijuana cultivation,may '... be permitted in the R-l, R-2, and R-3 residential zoninq districts,in the City,,subiect to first /~ securinq a use permit pursuant t__o the_provisions in Section 9262 and compliance with the following additional requirements, ,1. No more than six marijuana plants may be grown on a parcel. · ~. The person,with legal possession of the,parcel must be a qualified patient. Only the qualified patient may grow marijuana on a parcel. Growing marijuana by a pri_mar¥_ca~r_e.qiver is not permitted by_ this Section or otherwise permitted in an R-I, R-2 or R-3 district. ORDINANCE NO. 4 Delet~l: "Cultivation statement" means a form developed and adopted by the Planning Department which calls for the information required by subsection B.5 below.¶ 2. . Deleted: is allowed Delel~i-" but only in Deleted: ¶ 1. No more than three marijuana Plants may be grown on a parcel. Formatted: Justified, No widow/orphan control Deleted: 2. The person with legal possession of the parcel must be a qualified patient. Only the qualified patient may grow marijuana on a parcel. Growing marijuana by a primary caregiver is deemed a commercial use of residential property and is not permitted by this Section or otherwise permitted in an R-l, R-2 or Deleted: ¶ .3. The parcel must be located not less than 1,000 feet from the grounds of an educational facility, park or recreation center, religious assembly, or building or facility catering to children between the ages of 8-18, unless cultivation occurs in an indoor, secure location on the parcel. ¶ Formatted: Left, Widow/Orphan control I)elel~,d." 4. The plants are not visible from any public street or public 5. Delel~,d: in lawful I:)elel~l." property has filed with the City planning and police departments, a "cultivation statement," containing or attaching the following information: ,3. The property owner or owners have siqned and filed with the Planninq Department a, form adopted by the Planninq Department in consultation with the City Attorney that contains all of,~he followinq: · ,a. Acknowledgment that growing_marijuana on the.pro_perty ma&, constitute a violation of the federal Control Substance Act with potential civil and criminal penalties, includin.q (1) imprisonment for up to five (5) years and a fine of up to $250,000 or both, and (2) the possible forfeiture of the property pursuant to 21 USC .~ 853; ,b. Consent to,the use of,~he property, for..,growin.q marijuana in accordance with this ,Section,; and c. An aqreement releasin.q the City and its officers, employees and a.qents from any liability to the applicant and the owner for issuinq a use permit and for the acts or omissions of the City and its officers, employees and aqents in the administration of this Section. 4. The parcel must be located not less than 300 feet from the .qrounds of an educational facility, park or recreation center, reli.qious assembly, or facility caterin.q to children, the elderly or the infirm. 5. The plants must be located in an indoor secure location. 6. The facilities or equipment used in the indoor cultivation must comply with the Uniform Fire Code, Uniform Electrical Code, and not be deemed to create an undue fire hazard by the City's Fire Marshall, or a health or safety hazard to persons present in the buildinq or structure where the marijuana is beinq .qrown. 7. As a condition of receiving a use permit, the applicant must siqn an a.qreement that, for the entire time that the permit application is pendin.q and the permit is in effect, consents to inspection of the parcel and any buildin.q or structure on the parcel by an~L~Cit e~plo~yee with responsi_bili_Lv for verifyLQg co_m_pliance with this Section. C. Marijuana Cultivation in Non-residential Zonin.q Districts. Marijuana cultivation may be permitted in the C-N, C-1, C-2, M, A, and A-E zoning districts in the City, subject to first securing a use permit pursuant to the provisions in Section 9262 and compliance with the following additional requirements. 1. No more than twelve immature and six mature plants per qualified patient may be grown on a parcel. 2. The person with legal possession of the property must be a qualified patient or a primary caregiver. If the person is a primary caregiver: a. the limits in subsection C.1 above apply to each qualified patient ORDINANCE NO. 5 Delel~.d:. Name, address, Assessor's Parcel Number, and number Deleted: plants; Deleted: . ¶ b. Statement under penalty of i perjury that the person submitting the i statement is in lawful possession of the 'parcel;¶ :~ Deleted: c. Evidence of status as i qualified patient; and Deleted: d. Deleted: inspection I~le~-' parcel by City emplo~e with i responsibility I~let~l: veri~ing compliance Oelet~l:. he or she is a primary caregiver for; and b. a use permit shall not be approved, unless the City makes a Ifinding based on,a report from the Police Chief or his designee that the applicant,does not have a cdminal ,hiStorY that WOuld poSe a threat of marijuana sales, the diversi°n of marijuana to non-medical uses or of conduct that endangers others. 3. The parcel must be located not less than ,300 feet from the grounds of an educational facility, park or recreation center, religious assembly, or building or facility catering to children, the elderly or thejnfirm. 4. The plants must be grown indoors in a secure location. 5. The facilities or equipment used in the indoor cultivation must comply with the Uniform Fire Code, Uniform Electrical Code, and not be deemed to create an undue fire hazard by the City's Fire Marshall, or a health or safety hazard to persons present in the building or structure where the marijuana is being grown. 6. Marijuana may not be smoked or consumed on the parcel. 7. As a condition of receiving a use permit, the applicant must sign an agreement that, for the entire time that the permit application is pending and the,permit is in effect, consents to inspection of the parcel and any building or structure on the parcel by any City employee with responsibility for verifying compliance with this Section. · 8.. The property owner or owners have siqned and filed with the Planninq Department a form adopted by the Planninq Department in consultation with the City Attorney that contains all of the followin(:[ a. Acknowled.qment that growing marijuana on the property may 'constitute a violation of the federal Control Substance Act with potential civil and criminal penalties, including (1) imprisonme_n_t foru~ five 5~(.~_~ears and a fine of up to $25_0,000_ or both, and (2) the possible forfeiture of the pr.0pert¥ pursuant to 21 USC .~ 853; b. Consent to the use of the pr_operty_for growing mariiuana in accordance with this Section; and c. An aqreement releasin.q the City and its officers, employees and agents from any liability to the applicant and the owner for issuinq a use permit and for the acts or omissions of the City and its offi_c_Ers, employees and aqents in the administration of this Section. D. Applications for Use Permits under Subsections B and C. In addition to complying with the provisions of Section 9262, applications for a use permit under Subsections B and C, above, shall comply with the followinq requirements. ORDINANCE NO. 6 Deleted: the recommendation of the Deleted: is a person:¶ (1) of good character, honesty, and integrity, ¶ (2) whose prior activities, Delet~l: record ( if any), reputation, habits, and associations do not DeJet:ed: 1,000 Deleted: between Deleted: ages of 8-18 . Deleted: ¶ · D. Applications for Use Permits under Subsection C. In addition to complying with the provisions of Section 9262, applications for a use permit under Subsection C, above, shall comply with the following requirements.¶ 1. The use permit shall be considered a major use permit and the Planning Commission shall conduct the initial public hearing.¶ 2. The application shall be accompanied by an additional fee established by resolution of the City Council that covers the full cost of the background investigation required by Subsection C.2.b.¶ Formatted: Left, Widow/Orphan control Deleted: .3. A primary caregiver applicant must (1) submit to the City Police Department his or her fingerprints, (2) complete a background investigation questionnaire developed by the Police Department, and (3) consent to the release of information sought in connection with conducting a background investigation of the · applicant* 1. The use permit shall be considered a major use permit and the Planninq Commission shall conduct the initial public hearinq. 2. The application shall be accompanied by an additional fee established by resolution of the City Council that covers all costs of processinq the application, includinq any renewal~j incl_udin_g, but not limited to, the full cost of the criminal history report required by Subsection C.2.b. 3. A primary care.qiver applicant must (1) submit to the City Police Department his or her finqerprints and his or her criminal history for use in investiqatin.q the applicant's criminal history throu.qh the Criminal Justice Information System (CJIS) and information maintained by the United States Federal Bureau of Investi.qation (FBI) and (2) to the extent re_qgired by_Ja_w_~_a __w__ritte_n consent to the use of the CJIS and FBI data base and to the use of the information obtained in actin.q on the application for a use permit. A public hearing shall not be scheduled until the Police Chief, or his designee, submits to the Planning Department his or her written recommendation concerning the findings required by Subsection C.2.b, above. 4. The application must include all of the following information: plants; a. _Name, address, Assessor's Parcel Number and number of I b. Evidence that the applicant is in lawful possession of the parcel; c. Evidence of status as a qualified patient or evidence of status as a primary caregiver as to each patient the applicant claims to be a primary caregiver for. d. Site plan showing location of plants and plans demonstrating satisfaction of the requirements of Subsections B.4 and B.5 or C.4 and C.5. e. Sufficient information to determine that a primary caregiver will only receive payments from a qualified patient that constitute bona fide reimbursement for his or her actual expense of cultivating and furnishing marijuana for the patient's approved medical treatment. 5. The use permit granted pursuant to this Section is personal to the applicant, cannot be assigned or transferred_does not run with the land. and expires twelve months after it is issued, unless renewed pursuant to Subsection E. E. Permit Renewal. The use permit must be renewed annually_in connection with which the City shall conduct an inspection of the premises to w~rify compliance with the requirements of this Section. The permit shall expire and thereafter marijuana cultivation on the parcel shall be subject to a new use permit application, unless a renewal application accompanied by the required fee is received by the Planninq Department no later than forty-five days prior to the anniversary date of the issuance of the use permit. ORDINANCE NO. 7 Deleted: and Deleted:. A hearinq on the renewal of the use permit shall be conducted before the Zoninq Administrator, as for a minor use permit, accordin.q to the procedures in Section 9262. In addition to any other determinations permitted or required by Section 9262, the Zonin.q Administrator shall refuse to renew the permit, if he or she determines that the applicant has willfully violated any material conditions of the permit or the requirements of this Ordinance. SECTION THREE 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on AYES: NOES: ABSENT: ABSTAIN: ,200,~_, by the following roll call vote: Adopted on AYES: NOES: ABSENT: ABSTAIN: ,200~ by the following roll call vote: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. 8 Attachment # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 9254, ENTITLED: "MARIJUANA CULTIVATION," TO DIVISION 9, CHAPTER 2, ARTICLE 19 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE The City Council hereby finds and declares as follows: 1. In November 1996, the voters of California approved Proposition 215, the Compassionate Use Act of 1996, which enacted Health and Safety Code Section 11362.5. Under the Compassionate Use Act, Health and Safety Code Section 11357, making it a crime to possess marijuana, and Section 11358 making it a crime to cultivate marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. 2. Since the enactment of the Compassionate Use Act, 264 persons with residence addresses in the City of Ukiah have been issued medical marijuana identification cards by the Mendocino County Sheriff's Department. 3. The number of parcels in the City used to grow marijuana has increased substantially. The City Police Department estimates that up to 250 parcels are currently being used to grow marijuana throughout the City's residential neighborhoods. 4. Marijuana plants as they begin to flower and for a period of 2 months or more during the growing season (August - October) produce an extremely strong odor, offensive to many people, and detectable far beyond property boundaries. One popular strain of marijuana is called "Skunk" or "Super Skunk" and has a strong odor that resembles the smell of a skunk. 5. The strong smell of marijuana advertises its presence in the neighborhood and creates both an attractive nuisance and the risk of robbery and armed robbery. 6. Recently, the City planning and police departments have received numerous odor complaints related to the growing of marijuana in residential neighborhoods. The Mendocino County Air Quality Management District ("MCAQMD") reports an accelerating ORDINANCE NO. 1 increase in formal air quality complaints associated with the growing of marijuana in residential neighborhoods in the City of Ukiah. In 2002, the MCAQMD received two such complaints; in 2003, five complaints; and by October 31,2004, it had received over 20 formal complaints for 2004. In addition, in 2004 MCAQMD received an additional two dozen informal calls complaining about marijuana odor in residential neighborhoods in the City. 7. Several highly publicized recent events have called attention to the impact on public safety caused by the growing of marijuana in residential neighborhoods of the City. In one recent incident a property owner was shot in the hand by an intruder caught stealing marijuana from the property owner's backyard. The intruder gained entrance through a neighboring property and passed the neighbor's bedroom window, carrying a loaded handgun. In 2004 the City police department reports numerous calls to the department to respond to incidents related to the growing of marijuana in residential neighborhoods. 8. At a City Council meeting on November 3, 2004, several members of the public testified to problems in their neighborhoods related to marijuana cultivation, including impacts associated with intense cultivation of as many as 100 mature plants, growing as tall as 14 feet, within a 100 square foot area. These impacts ranged from increased traffic to acts of violence and intimidation. 9. The Mendocino County District Attorney refuses to prosecute persons who grow marijuana as long as the person claims to be growing it pursuant to Proposition 215 and within a 100 square foot area on his or her property. As a result, City Police have been unable to take enforcement action, even where cultivation of marijuana for sale is suspected. 10. The City of Ukiah is a relatively small city with a population of approximately 15,000 people. It has three full-time planners in its Planning Department, one part-time code enforcement officer and one building inspector. It has limited resources available to engage in extensive regulation of marijuana cultivation. 11. Limiting the number of plants per parcel that medical marijuana patients may grow in residential neighborhoods and requiring that that they be grown indoors within a secure structure should alleviate a number of the above-described problems. These requirerments should substantially reduce the public nuisance caused by the odor of mature plants. It should make marijuana cultivation less visible and less attractive to young people or potential thieves. It should prevent cultivation for sale and the associated public safety problems. 12. The US government has established a medical marijuana dose range of between one half and three quarters of a pound per patient per month.~ After reviewing 1 See: Chronic Cannabis Use in the Compassionate Investigational New Drug Program: An Examination of Benefits and Adverse Effects of Legal Clinical Cannabis. ORDINANCE NO, 2 the dose range established by the federal government, the Oakland City Council adopted a limit of three pounds per year per patient, with a related plant-count limit for cultivation. In Sonoma County medical marijuana patients are allowed to possess enough cannabis to support their personal use of up to three pounds per year. Other communities have set limits per patient of between one-half to two pounds. 13. According to Cannabis Yields by the DEA, various types of cannabis plants under various planting conditions may yield averages of 236 grams, or about one half pound, to 846 grams, or nearly two pounds. A weighted average results in an average domestic plant yield of 448 grams, or approximately 1 pound per plant? 14. While a particular patient under Health and Safety Code Section 11362.77 may be exempt from criminal prosecution under state law, if he or she possesses six mature plants or twelve immature plants, six mature plants can yield six to twelve pounds of marijuana which should provide access to sufficient marijuana for the medical use of most patients under the Compassionate Use Act. Any additional marijuana required by a patient can be obtained from other sources, including marijuana dispensaries in the Ukiah area, or from cultivation permitted under this ordinance in non-residential zoning districts. 15. Given the above-described public nuisance and public safety problems associated with growing marijuana in residential neighborhoods within the City, a six plant per parcel limit strikes a reasonable balance between a medical marijuana patient's requirements and the quality of life in the City's residential neighborhoods. 16. It is the City Council's intention that nothing in this Ordinance shall conflict with federal law as contained in the federal Controlled Substances Act, 21 U.S.C. Section 801 et seq., nor to otherwise permit any activity that is prohibited under that Act. It is further the City Council's intention that nothing in this Ordinance shall be construed to (1) allow persons to engage in conduct that endangers others or causes a public nuisance, (2) allow the use of marijuana for non-medical purposes, or (3) allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal. SECTION 'I'VVO Section 9254 is hereby added to Division 9, Chapter 2, Article 19 of the Ukiah City Code to read as follows. {}9254: MARIJUANA CULTIVATION: Marijuana may be grown in the zoning districts of the City of Ukiah, if at all, only in accordance with the provisions of this Section. 2. See study at: Cannabis Yields, June 1992, DEA. Information from Marijuana Patient Use And Cultivation Limits, Martin Martinez, Lifeline Foundation at www.cannabismd.or.q/foundation. ORDINANCE NO. 3 Cultivation of marijuana on parcels within the City that does not comply with this Section constitutes a violation of the zoning ordinance and is subject to the penalties and enforcement as provided in Article 22, commencing with § 9350. A. Definitions: For purposes of this Section, the following terms shall have the following meanings: 1. "Evidence" means with respect to a qualified patient, the information described in Health and Safety Code §11362.715(a)(2) or a medical marijuana identification card issued by the Mendocino County Health Department or Sheriff's Department, and with respect to a primary caregiver, evidence that the caregiver's patient is a qualified patient and a written designation from the caregiver's qualified patient designating him or her as that patient's primary caregiver, and additional information demonstrating that the primary caregiver satisfies the definition of primary caregiver in Health and Safety Code Section 11362.7(d). 2. "Owner" means the owner or owners of record of a parcel as shown on the last equalized assessment roll maintained by Mendocino County. 3. "Parcel" means property assigned a separate parcel number by the Mendocino County Assessor; 4. "Person in lawful possession" means the person who has the legal right to occupy and use a parcel on which medical marijuana is cultivated. 5. "Primary caregiver" means a "primary caregiver" as defined in Health and Safety Code Section 11362.7(d). 6. "Qualified patient" means a "qualified patient" as defined in Health and Safety Code Section 11362.7(f). 7. "Secure location" means a space within a building or structure which can only be entered through a locked door that requires a key or combination to open and which is secure against unauthorized entry. B. Marijuana Cultivation in Residential Zonin,q Districts. Marijuana cultivation may be permitted in the R-l, R-2 and R-3 residential zoning districts in the City, subject to first securing a use permit pursuant to the provisions in Section 9262 and compliance with the following additional requirements. 1. No more than six marijuana plants may be grown on a parcel. 2. The person with legal possession of the parcel must be a qualified patient. Only the qualified patient may grow marijuana on a parcel. Growing marijuana by a primary caregiver is not permitted by this Section or otherwise permitted in an R-l, R-2 or R-3 district. ORDINANCE NO. 4 3. The property owner or owners have signed and filed with the Planning Department a form adopted by the Planning Department in consultation with the City Attorney that contains all of the following: a. Acknowledgment that growing marijuana on the property may constitute a violation of the federal Control Substance Act with potential civil and criminal penalties, including (1) imprisonment for up to five (5) years and a fine of up to $250,000 or both, and (2) the possible forfeiture of the property pursuant to 21 USC § 853; b. Consent to the use of the property for growing marijuana in accordance with this Section; and c. An agreement releasing the City and its officers, employees and agents from any liability to the applicant and the owner for issuing a use permit and for the acts or omissions of the City and its officers, employees and agents in the administration of this Section. 4. The parcel must be located not less than 300 feet from the grounds of an educational facility, park or recreation center, religious assembly, or facility catering to children, the elderly or the infirm. 5. The plants must be located in an indoor secure location. 6. The facilities or equipment used in the indoor cultivation must comply with the Uniform Fire Code, Uniform Electrical Code, and not be deemed to create an undue fire hazard by the City's Fire Marshall, or a health or safety hazard to persons present in the building or structure where the marijuana is being grown. 7. As a condition of receiving a use permit, the applicant must sign an agreement that, for the entire time that the permit application is pending and the permit is in effect, consents to inspection of the parcel and any building or structure on the parcel by any City employee with responsibility for verifying compliance with this Section. C. Marijuana Cultivation in Non-residential Zoninq Districts. Marijuana cultivation may be permitted in the C-N, C-1, C-2, M, A, and A-E zoning districts in the City, subject to first securing a use permit pursuant to the provisions in Section 9262 and compliance with the following additional requirements. 1. No more than twelve immature and six mature plants per qualified patient may be grown on a parcel. 2. The person with legal possession of the property must be a qualified patient or a primary caregiver. If the person is a primary caregiver: a, the limits in subsection C.1 above apply to each qualified patient ORDINANCE NO. 5 he or she is a primary caregiver for; and b. a use permit shall not be approved, unless the City makes a finding based on a report from the Police Chief or his designee that the applicant does not have a criminal history that would pose a threat of marijuana sales, the diversion of marijuana to non-medical uses or of conduct that endangers others. 3. The parcel must be located not less than 300 feet from the grounds of an educational facility, park or recreation center, religious assembly, or building or facility catering to children, the elderly or the infirm. 4. The plants must be grown indoors in a secure location. 5. The facilities or equipment used in the indoor cultivation must comply with the Uniform Fire Code, Uniform Electrical Code, and not be deemed to create an undue fire hazard by the City's Fire Marshall, or a health or safety hazard to persons present in the building or structure where the marijuana is being grown. 6. Marijuana may not be smoked or consumed on the parcel. 7. As a condition of receiving a use permit, the applicant must sign an agreement that, for the entire time that the permit application is pending and the permit is in effect, consents to inspection of the parcel and any building or structure on the parcel by any City employee with responsibility for verifying compliance with this Section. 8. The property owner or owners have signed and filed with the Planning Department a form acknowledgment and release/hold harmless agreement adopted by the Planning Department in consultation with the City Attorney that contains all of the following: a. Acknowledgment that growing marijuana on the property may constitute a violation of the federal Control Substance Act with potential civil and criminal penalties, including (1) imprisonment for up to five (5) years and a fine of up to $250,000 or both, and (2) the possible forfeiture of the property pursuant to 21 USC § 853; b. Consent to the use of the property for growing marijuana in accordance with this Section; and c. An agreement releasing the City and its officers, employees and agents from any liability to the applicant and the owner for issuing a use permit and for the acts or omissions of the City and its officers, employees and agents in the administration of this Section. D. Applications for Use Permits under Subsections B and C. In addition to complying with the provisions of Section 9262, applications for a use permit under Subsections B and C, above, shall comply with the following requirements. ORDINANCE NO. 6 1. The use permit shall be considered a major use permit and the Planning Commission shall conduct the initial public hearing. 2. The application shall be accompanied by an additional fee established by resolution of the City Council that covers all costs of processing the application, including any renewal application, including, but not limited to, the full cost of the criminal history report required by Subsection C.2.b. 3. A primary caregiver applicant must (1) submit to the City Police Department his or her fingerprints and his or her criminal history for use in investigating the applicant's criminal history through the Criminal Justice Information System (CJIS) and information maintained by the United States Federal Bureau of Investigation (FBI) and (2) to the extent required by law, a written consent to the use of the CJIS and FBI data base and to the use of the information obtained in acting on the application for a use permit. A public hearing shall not be scheduled until the Police Chief, or his designee, submits to the Planning Department his or her written recommendation concerning the findings required by Subsection C.2.b, above. 4. The application must include all of the following information: a, Name, address, Assessor's Parcel Number and number of plants; b. Evidence that the applicant is in lawful possession of the parcel; c. Evidence of status as a qualified patient or evidence of status as a primary caregiver as to each patient the applicant claims to be a primary caregiver for. d. Site plan showing location of plants and plans demonstrating satisfaction of the requirements of Subsections B.4 and B.5 or C.4 and C.5. e. Sufficient information to determine that a primary caregiver will only receive payments from a qualified patient that constitute bona fide reimbursement for his or her actual expense of cultivating and furnishing marijuana for the patient's approved medical treatment. 5. The use permit granted pursuant to this Section is personal to the applicant, cannot be assigned or transferred, does not run with the land, and expires twelve months after it is issued, unless renewed pursuant to Subsection E. E. Permit Renewal. The use permit must be renewed annually in connection with which the City shall conduct an inspection of the premises to verify compliance with the requirements of this Section. The permit shall expire and thereafter marijuana cultivation on the parcel shall be subject to a new use permit application, unless a renewal application accompanied by the required fee is received by the Planning Department no ORDINANCE NO. 7 later than forty-five days prior to the anniversary date of the issuance of the use permit. A hearing on the renewal of the use permit shall be conducted before the Zoning Administrator, as for a minor use permit, according to the procedures in Section 9262. In addition to any other determinations permitted or required by Section 9262, the Zoning Administrator shall refuse to renew the permit, if he or she determines that the applicant has willfully violated any material conditions of the permit or the requirements of this Ordinance. SECTION THREE 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on ,2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on AYES: NOES: ABSENT: ABSTAIN: ,2005 by the following roll call vote: Mark Ashiku, Mayor ATTEST: Made Ulvila, City Clerk ORDINANCE NO. 8 ITEM NO. 9a DATE: January 19, 2005 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF APPLICANTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT GENERAL ALLOCATION FUNDS AND AUTHORIZATION TO SUBMIT A GRANT APPLICATION Each year the Department of Housing and Community Development (HCD) provides cities and counties with Community Development Block Grant (CDBG) funds for several purposes including a General Allocation category of grants. These are competitive grants in a maximum amount of $500,000. Eligible projects include housing, public works, community facilities, and public services. The City may be apply for funds to complete a public improvement project such as utility extension or fire station, or apply on behalf of a non-profit for a community facility or provision of services. The primary qualifying criteria, regardless of the project, is that the project or program must provide benefit to the Iow and moderate income population. (Continued on Page 2) RECOMMENDED ACTION: application for CDBG funds. After discussion provide direction to staff regarding ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine application for CDBG requires further consideration and remand to staff with direction. 2. Determine application for CDBG funds is inappropriate at this time and direct staff to not apply. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Larry W. DeKnoblough, Community Services Director~-~.~ Candace Horsley, City Manager 1. Space Request 2. Plowshares Request 3. Pacific West Communities Request 4. Ford Street Request APPROVED: LD/C CDBG.05.Asr ~~ Mana r Candace Horsley, City In recent years the City has assisted several organizations in completing key projects through this grant program. Most recently, the Ukiah Valley Cultural and Recreation Center received $1,000,000 over a two year allocation for the construction of the new recreation center at Grace Hudson School. Prior to that the City applied for funds to assist the Ukiah Community Center in the purchase of its current North State Street site. For the 2005/06 CDBG funding cycle, staff has received four requests for assistance from non- profit organizations seeking grant funds to complete projects. Requests have been submitted by the School for Performing Arts and Cultural Education (SPACE), Plowshares, Pacific West Communities, and the Ukiah Ford Street Project. All requests are for the 2005/06 allocation only and in the full amount of $500,000. Staff has attached the letters submitted by each organization and is providing a brief background description in this report of each proposal. SPACE SPACE submitted its request on September 1, 2004. The organization is in the process of completing an extensive renovation and addition to the building which previously housed St. Mary's church. The project includes conversion of the church into performing arts education center with classes and a theater. It has been partially completed through private grants and donations and the CDBG funds will be used to complete the final phase of the project. While SPACE is a fee based organization, it does include a scholarship program for Iow income families. Plowshares Plowshares has purchased property on South State Street for the purpose of constructing a new facility and plans to relocate from its current Luce Street site. Plowshares is currently limited in its ability to expand dining services to the homeless and needy by its location adjacent to a residential neighborhood. Its goal in relocating the operation is to be able to expand services to include evening meals and grow its Meals on Wheels program. The new facility will include an expanded dining room with outreach to Iow income school children and families as well. Pacific West Communities This organization recently completed a Iow income multi-family development on Gobbi Street and is now proposing a 20 unit project on Talmage Road, east of the freeway. The company specializes housing developments which emphasize Iow income families. The proposal will develop a 4.75 acre parcel with a residential unit mix of two, three, and four bedroom units in two or three story buildings. The CDBG funds would provide only a part of a project financing package that may include additional redevelopment funds as well as outside financing. Ukiah Ford Street Project The Ford Street Project is proposing to construct a transitional family housing complex adjacent to its current facilities located on Ford Street. The project will include 24 units within six two story structures. Construction will be phased based upon funding availability. The transitional housing will provide homes for families in need of temporary residence during rehabilitation or while seeking employment. The City may also apply for grant funds for its own purposes to complete qualified public improvement projects. While there are several capital projects planned for the future, staff has indicated there are no projects planned for this fiscal year which could utilize these funds. Should Council determine to proceed with an application there will be some impact on staff time. In the past, the City has required the non-profit to procure grant writing services and provide any required match funds at its own expense. The cost to the City is the staff time to assist with the grant application preparation, budget preparation to establish and maintain the receipt and expenditure of grant funds, and overseeing the grant administration during the completion of the grant. As only one application may be submitted to HCD for the funds, staff is presenting this item to Council for discussion and direction as to the selection of an applicant and authorization to proceed with preparation and submittal of an application. In recent years the City has assisted several organizations in completing key projects through this grant program. Most recently, the Ukiah Valley Cultural and Recreation Center received $1,000,000 over a two year allocation for the construction of the new recreation center at Grace Hudson School. Prior to that the City applied for funds to assist the Ukiah Community Center in the purchase of its current North State Street site. Attachment ~ 145 East Church Street * Ukiah, CA 95482 · 707 462-9370 * space@pacific, net Laurel Near & Paulette Amold, Co-Directors September li 2004 candai:eHorsley, City.M~ager City of U~ah ~00 Sem{na~y Av¢~ Ukiah, CA 954~2 ,/i? We are,~ting t6 request the City of Ukiah's assistance in securing a general: allocation c0mmuni~DeVelopment Block Grant in the amount of $500,000. This grartt,~ll go towardthe:fmal p~e of renovation of the former St. Mary of the Angels Catholic ChUrCh.int° the' SPACE Theater, a performing arts center for families and(~oung people. us that the notice of funding availabili~ keep us apprised of this funding o ~nformati0n bec~me~ available and feel free to call if you have any questi6~s. LaurelNear Paulette Arnold.'! _ · . SPACE. is a tax exempt 501 (c) (3) organization. Federal identification Number 68-0379044 .Plowshares ... ^,o¢, ,, %. ~ . ,' :' PEACE &'JUSTICE CENTER ~ COMMUNITY DIN:ING ROOM-· .MEALS-ON.WHEELS 150 Luce Ave.. · P.O. Box .475 · Ukial-,, CA 95482 ° 707-~t62-8582 / fax 462:0320 ° ploWshares@pacific:net .. ~lowshareSfeeds.org . Candace Horsley, City Manager City'ofUki:'ah · _ 300 Seminary AVenue 'Ukiah, CA 95482 - Dear candace: · . .January 11,2005 ,- ...We.:w~uld !ike to. request ' that the City 0fUkiah apply' for aGeneral Allocation community vevel-opmeiit BloCk Grant-for $500,000 -for fiscal ye~' 2005-06;. tOward, ' o.r.tmctio.n'.costs associated with Plowshares' Comm'~' ltv Dirdn~ l~),~,m ~,;;~';-- - rolect, ms facility.:will .all0w PloWshares t° Provide.'free/"nutritio°u~;"l~0'~':~n~e'~i~'s'~tUring evening, hours'to many more of.the needy'who now go: to .bed, hungry~ ona regular · bas~s~h,o°~child~r.e~ni'a~'.dl°~yinc°mew°~ng ad~ts~as'well as' con~uingT~/0- '. pr°vine tV.m'ms--0n-v~.neels't°dlsabled, homeboUndseniors On an expanded.dc'ale.. · . "'This is. the same PrOJecf:'for. whichWe'secUred,a citY,;f. Ukiahsponsor~d' .. Pl'annin~' ' g~d Te~cat:As~istance cDBGgrant'in2003, in'p~eParati°r~ for the larger': grant: '-Thank you_ very-much-f0ryo~r sUpPort of.Our effoi:ts ~to addresS'the unmet needs,of'the less:f°rtUhate of Ukifih,". ' - . .' -. · . ~ -. .~ '..-'-' ·. ~: :. ._ .'. '.'sincerely,. ...'.'..- _. _. .. ~~.ey~~ ~'... -' Executive Director . . . _ . F. . - PACIFIC WEST COMMUNITIES Attachment Cour ar Affordable Housing Proposal 20-Resident Multifamily Rental Commtmity Vicinity of Talmage Submitted OCtober 8, 2004 Site Location: East End of Old. Talmage Road APN: 003-160-57 ReferenCe #29 ' Ukiah 2003 Vacant and Underutilized Land Survey {Pacific ~/est Communities q:amify 7-lousing ~£ps fam~ w~ are econom~y poor guifrf a foun&tion for t~ future. The mission of Pacific West Communities is to develop and operate permanently affordable housing that builds strong and stable communities through resident participation and leadership. Pacific West Communities experience includes all facets of the real estate development and financing process with special emphasis directed tOward site acquisition, feasibility evaluations, financing and construction. Dan Johnson, Principal Expertise Development & Constrm 5251 Ericson Way, Arcata CA 95521 Phone: (707) 825-1527 Fax: (707) 822-9596 · Pager: (707) 269-5013 djohnson~dancobuilders. Com Caleb Roope, Principal Expertise Financing & Development 13 12th Avenue South, Nampa ID 83651 Phone: (208) 461-0022 x3015 Fax: (208) 461-0033 Wireless: (208) 250-4488 Pager: (707) 269-5013 calebiroope~yahoo.com r. of ffor, ra re Cousing ,ffects r. ocar .cono ,.~ ':'. The lack of affordable housing affects every community. The most recent figures show that only 27% of Californians can afford to buy their own home (doWn from 34% in 2001). When people spend more than 30% of their gross income on housing, they have trouble spending on other goods, and local small businesses suffer. Further up .the economic ladder, employers will have a more difficult time attracting a high quality workforce if employees cannot pay the rent or buy a home. The workforce will simply go elsewhere. $enefits to Community Pacific West Communities affordable rental housing development is designed to address the barriers that low and very low income residents face in accessing affordable housing. Ukiah Courtyards project will meet the housing needs by offering a mix of two, three and four bedroom apartments. Rents will be structured to be affordable to residents at 50-60% (average) of area median income. Courtyar Project Summary · Vicinity: · Size of Site: · Assessor's Parcel Number: · Zoning: · Flood Zone: · Construction Type: · Number of Buildings: · Number of Units Proposed: · Unit Mix East end of Talmage Frontage Road 4.75 Acres (2+ acres in flood Zone) 003-160-57 R-2 Portion'of Property in Flood Zone Two or Three story wood frame Unknown 20 Two, Three & Four Bedroom Units inancin Strategy HOME Grant The HOME Program, authorized by the Cranston-Gonzalez National Affordable Housing Act of 1989, is a federal block grant program which provides money to state and local governments for the development and rehabilitation of owner-occupied and rental units. Schedule: Application to Housing & Community Development October 2005. Actual date based on Notice of Funding Award. Amount: $3,500,000.00 REDEVELOPMENT FUNDS Redevelopment funds would be required to offset the 1.2 million land purchase price. Schedule: Amount: Determined by City $700,000 RUFF + ASSOCIATES Attachment #, ~/ Architecture · Planning ° Development January 13, 2005 Mr. Larry DeKnoblough City of Ukiah, Asst. Director of Redevelopment 300 Seminary Avenue Ukiah CA 95482 Dear Larry, On behalf of the Ford Street Project, Ruff + A'ssociates, Inc. is requesting that the City of Ukiah apply for the general allocation of Community Development Block Grant (CDBG) funds in the amount of $500,000.00 for the 2005/06 allocation. This funding is sought for development of 24 transitional housing units, and the grant funds will be used exclusively for development of the project, not administrative costs. Attached you find a detailed narrative describing the project more fully. Richard P. Ruff, Architect Ruff + Associates, Inc. 100 West Standley St.. Ukiah, CA95482 · 707-472-0525 · Fax 707-472-0527 www. ruffarchitect,com · emaii:richard@ruffarchitect.com · CA Lic Cl1736 S31VIDOSSV + -I-IFI~I SFIdWvD J.33~i1S CI~O:I RUFF + ASSOCIATES Architecture · Planning · Development Cost Effective Design Amenities The proposed new Ford Street Campus will be io'cated in the City of Ukiah, California, immediately adjacent to the existing Ford Street facility. The site has views of the mountains to the west and east and is bordered by Orrs Creek along its south property line. By locating the new facilities next to the existing Ford Street Project, a cohesive, focused, and centralized environment will be created to better facilitate the needs of the people being served. 1. Site Location and Amenities: Ford Street Campus will be composed of six (6) four-unit buildings enclosing a central court, with an interior street and associated parking proposed along the perimeter of the site. Each of the units will open to the central green space, creating a community feeling, while meandering paths crisscrossing the site will create a campus atmosphere. Each unit will have a screened porch, allowing for a private outdoor space for the tenants, while the community green area provided will feature tenant gardens, children play lots, and outdoor gazebos. It is felt these are especially important amenities, geared to help foster a safe and nurturing family environment for tenants who have children. 2. Compatibility with Neighborhood: The campus must present two faces. The buildings are limited to twostory structures with overhanging 'hip roofs and porches, to give the buildings a residential look and scale on the inside, while the fa(;ade facing Ford Street Campus and the public maintains an urban feeling. The Ford Street Campus fa(;ade will be broken up into a series of vertical planes, designed to recede from the public sidewalk and create a rhythm that continues to the main entrance. This sidewalk will be a curving path, with new landscaping and street lighting to enliven the vehicular and pedestrian ways.and provid.e a distinct identity and friendly face to the surrounding neighborhood. 3. Fundamental Design Analysis: Critical to the success of the Ford Street Campus project is flexibility of use. Utilizing a system of sound-proof doors, the development as proposed will allow the configuration of unit types to vary, consisting of one, two, or three bedroom units depending on the needs of the tenants. This will allow the Ford Street Project to better serve and meet the specific needs of their clients. One-bedroom units are proposed to be 600 square feet, two-bedroom units will 'be 750 square feet, and three-bedroom units will be 900 square feet, not including the private outdoor porches. The units will be identical, allowing for ease of maintenance and construction. 100 West Standley St. · Ukiah, CA95482 · 707-472-0525 · Fax 707-472-0527 www. ruffarchitect.com · email:richard@ruffarchitect.com · CALicCl1736 Of paramount concern in the design and layout of the new campus was tenant privacy and security, in order to promote a sense of belonging and community among the tenants. Visitors and tenants will enter the facility via a gated entryway ont° the interior street, and must pass the Administration building for the project before proceeding into the campus. Exiting is proposed through a gate at the other end of the site. These are the only two access points into the campus, and all of the buildings and public spaces are visually screened from these access points. Cost Effective Special Design Features 1. Environmental Efficiencies: Ford Street Campus will utilize both passive and active environmental technologies. Passive environmental methods involve building siting, land use, and building form, while active environmental technologies involve specific materials or machines which help the structure operate more efficiently and use the least resources. A. Passive Environmental Technologies: The entire Ford Street Campus is oriented to maximize the southern exposure of the units, in order to use of the sun to heat the living spaces and provide for natural light into living spaces during the winter months. During the summer months when the sun's altitude is greater, overhanging porches and roof overhangs help shade the units from the sun's hottest rays. The building footprints are compact, and buildings are arranged within the site to allow the maximum amount sun to reach the central community green space. Green landscaped space on the site was maximized, while paved areas were kept to a minimum, to keep the sitecooler by reducing the urban heat island effect. The parking and the interior street, located adjacent to Orrs Creek, is a cooler, treed environment which further helps to draw heat gained away from the campus. The amount of green landscaped space also helps facilitate storm water management, allowing it to be absorbed directly into the ground. The drainage will filter and percolate naturally through the soil, rather than putting unnecessary burden on existing storm water drainage systems. B. Active Environmental Technologies: Each building will feature a high-efficiency heating and cooling system with ceiling fans in the living spaces. All units will have Energy Star rated appliances and solar tubes to provide natural lighting into hallways and living spaces. The hot water heaters will also be centrally located and high efficiency systems. Environmentally friendly materials are also being used extensively. Bamboo flooring (instead of traditional wood flooring) will be used in the living spaces, while recycled carpet backer will be used under carpets in bedrooms. Concrete mixed with fly ash will be used for slab construction, and all windows will be operable, with dual-glazing and Iow E glass. 2. Space Use Analysis All of the units have 9'-0' ceiling heights, giving them a spacious and open feeling. Each unit has separate living and dining areas and a full-service kitchen with a pantry. The bedrooms are generously sized and each has a large closet. There is a full bath with linen closet in each unit. Light-commercial grade hardware and accessories will used throughout the units. Conclusion: It was the intent of the design team of Ruff & Associates, Inc. and the Ford Street Project to create a safe, healing transitional environment for the proposed tenants. In light of this goal, the following immortal words of master architect Bernard Maybeck were kept foremost in our thoughts. "There is something bigger and more worth while than things we see about us, the things we live by and strive for. There is an undiscovered beauty, a Divine excellence, just beyond us. Let us stand on tiptoe, forgetting the nearer things and grasp what we may." AGENDA SUMMARY ITEM NO: 9b DATE: January 19, 2005 REPORT SUBJECT: ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ENDORSING APPLICATION FOR AN URBAN STREAMS RESTORATION GRANT AND DETERMINING APPROPRIATE ENVIRONMENTAL IMPACT DOCUMENT, CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT E Center Mendocino Fisheries Program has prepared an application for Department of Water Resources Urban Streams Restoration Grant Program funding totaling $417,070.33. The proposed stream restoration projects total approximately $467,725. The balance of the funding will be in the form of in-kind contributions from landowners and E Center, and includes a contribution of up to 80 hours of Public Works staff time for consultations and guidance. Staff met with E Center representatives who requested the City agree to be a "Co-sponsor" on the application and for City Council to pass a resolution to that affect, which is a requirement of the grant. A resolution for Council's approval is included with this report as Attachment 1. These grants are geared toward projects on urban streams prone to problems of erosion and/or flooding. E Center is proposing projects on all four of the streams in Ukiah: Orrs Creek, Gibson Creek, Mendocino Creek and Doolan Creek. The proposed projects number sixteen, ten of which are inside the City limits. The other projects fall just outside City limits. Mendocino Fisheries Program staff has prepared project descriptions, justifications and cost estimates, provided photos, and obtained access permission from adjacent landowners. The E Center Board of Directors has passed a similar resolution, a copy of which is attached as Attachment 2. Excerpts of the application showing the locations and describing the work are attached to this report as Attachments 3 and 4. A copy of the complete application is available for review in the Department of Public Works. RECOMMENDED ACTION: Adopt resolution endorsing application for an Urban Streams Restoration Grant and determining appropriate environmental impact document, conditionally accepting grant if offered, and designating contract manager and fiscal agent. ALTERNATIVE ACTION: Choose not to approve the resolution and provide direction to Staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works/City Engineer Diana Steele, Director of Public Works/City Engineer Candace Horsley, City Manager & David Rapport, City Attorney 1. Proposed Resolution for Adoption 2. E Center Resolution 3. Map of Project Locations 4. Description of Projects from Grant Application Approved: ~-'~' ~'~"~'"~-~"'~'~'C ity~ n a g e r Candace Horsley, Aflachrnent e I RESOLUTION 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ENDORSING APPLICATION FOR AN URBAN STREAMS RESTORATION GRANT AND DETERMINING APPROPRIATE ENVIRONMENTAL IMPACT DOCUMENT, CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT. WHEREAS, the California Department of Water Resources, Division of Planning and Local Assistance Urban Streams Restoration Program ("DWR") has announced the availability of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the City Council of the City of Ukiah is willing to cosponsor a grant application with E Center, subject to the provisions of this Resolution; and WHEREAS, the City Council has concluded the project proposed for funding with the grant funds would be environmentally beneficial and it will comply with all requirements of CEQA as those requirements apply to the grant application, acceptance of the grant and the implementation of the project; NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council of the City of Ukiah approves the joint application with E Center for an Urban Streams Restoration Program grant, a true and correct copy of which is on file at the Department of Public Works. 2. If offered such a grant, the City Council (a) authorizes the CEO of E Center and the Mayor of the City of Ukiah to accept the grant and to sign any contract for administration of the grant funds, if the grant and contract terms are approved as to form by the City Manager and City Attorney and (b) authorizes Mr. Joseph D. Scriven, Director of the Mendocino Fisheries Program, to act as Project Manager for the project. 3. The City Council hereby delegates authority to the Project Manager to manage the administration of the grant in compliance with the terms of the grant and the contract with DWR, and to delegate authority to others to provide management and support services required for performance of the work and administration of the contract; provided, however, that the delegation of authority to the Project Manager to submit invoices requires written consent by both grantees which will be provided to the Department of Water Resources. PASSED AND ADOPTED on January 19, 2005 by the following Roll Call Vote: Ayes: Noes: Abstain: Absent: ATTEST: Marie Ulvila, City Clerk Mark Ashiku, Mayor Attachment Resolution of the E Center Board of Directors Resolution endorsing application for an Urban Streams Restoration Grant and determining appropriate environmental impact document, conditionally accepting grant if offered, and designating contract manager and fiscal agent. WHEREAS, the California Department of Water Resources, Division of Planning and Local Assistance, Urban Streams Restoration Program has announced the availability of funds for grants; and WTIEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the City of Ukiah has proposed to cosponsor a grant application with E Center; and WHEREAS, we have concluded the project proposed for funding with the grant funds would be environmentally beneficial; and we will comply with all requirement of CEQA prior to implementation of the project. WHEREAS, we consider the prospects of receiving a grant to be reasonably likely. NOW, THEREFORE, BE IT RESOLVED We the E Center approve the joint application with the City of Ukiah for an Urban Streams Restoration Program grant. If offered such a grant, we authorize Thomas F. Wagner, C.E.O. to accept the grant and sign any contract for administration of the grant funds, and Joseph D. Scriven, Director, to act as Project Manager for the project. We hereby delegate authority to the Project Manager to manage the Agreement, and to delegate authority to others to provide management and support services required for performance of the work and administration of the Agreement. The delegation of authority to submit invoices requires consent by both grantees, which will be provided to the Department of Water Resources. Signature Thomas F. Wa~er C.E.O. E Center Title / / Date KUKt Eed~c Tower°i Attachment Presswood Name: UKIAH Date: 1/6/2005 Scale: 1 inch equals 2000 feet Location: 039~ 08' 4990" N 123° 12' 1916" W Caption: Ukiah Streams Restoration Project Site Map Copyright (C 2002, Maplech, Attachment Ukiah's four streams drain the western foothills and flow into the upper Russian River. Over the past 100 years, development has channelized and paved over significant sections of the streams, and the riparian community has been reduced. The upper reaches continue to maintain surface flow (perennial), and the lower reaches in the flood plain become dry in the summer (ephemeral). According to the Russian River Basin Plan 2002: "Habitat conditions in the Ukiah sub-basin are highly variable for salmonids. Generally, the smaller tributaries and headwater portions of larger tributaries serve as the primary rearing and spawning areas of anadromous fish, while, the larger tributaries currently go sub-surface in summer in the alluvial plains. Many of the direct tributaries have been channelized in the lower areas resulting in aggradation, loss of riparian, and dewatering. Within Ukiah most tributaries have been culverted, boxed, and/or paved over, with the adjoining floodplain removed or developed." One 200-yard section of the North Fork Mendocino Creek within the Ukiah city limits maintains surface water year around, and contains an assemblage of fish species yet to be determined. In general, the stream channels are very confined, with not much potential to expand during high flows. There are several culverts that are undersized, and several areas where the streams flow beneath streets and buildings. There are no dams on these streams. Undersized culverts, encroaching exotic vegetation, and illegal disposal of large appliances cause channel constrictions. b. Is there a watershed planning effort under way for this stream? If so, please describe. The Russian River Basin Plan Draft, produced by the California Department of Fish and Game in 2002, briefly presents a watershed planning effort for these streams. Recommendations include: decreasing water temperature, increasing riparian stability, improving fish passage, increasing pools and pool complexity. This proposal represents a significant step towards our goal of implementing eight components to address stream health concerns, preventing property damage, and improving habitat for protected salmonids and other riparian community organisms. Our work in Ukiah's streams over the past four years represents the only comprehensive planning effort for these watersheds. , a. Describe the project site conditions in the context of the stream reach. Discuss flooding/erosion problems at the site, including information on property damage, bank failure, sedimentation and safety hazards. Orrs Creek · Site 1: This site was first addressed in 2000. A landslide approximately 60' long and 15' high is on the right bank (facing downstream) on Pomolita Middle School property. This site is located within 20' of a footpath used by schoolchildren on their way to and from school. E Center's Mendocino Fisheries Program (MFP) planted and irrigated the slide with willows and cottonwoods in 2002. Due to safety concerns we installed exclusionary fencing to protect the site from foot traffic. High flows in 2003 caused a 20-foot portion of the bank to fail on the upstream end of the slide. If left untreated, the bank failure will continue to erode and further constrict the footpath. Approximately 400 feet upstream, 120 feet of both banks remains unvegetated. The right bank (facing downstream) contains a 60-foot length of gabion revetment, overgrown with Himalayan blackberry. Site 2: A 2-foot diameter oak tree on the left bank has been significantly undercut over the past three years. Approximately half of the root system is now exposed, and further erosion will undermine the tree's stability. If this tree falls into the channel, it will expose a left bank backyard to erosive damage, and constrict the channel with potentially devastating effects. The tree will also deflect flows downstream to the right bank and negatively effect bank stability and existing native riparian plants. Site 3: A 15-foot diameter stand of Arundo donax exists on the right bank at this site. The stand is beginning to encroach upon the channel and contribute viable nodes during high flow events. Site 4: A well established stand of Arundo donax (45' long x 20' wide) exists on the right bank at this site. Several stems are growing within bankful height, and if left unchecked the stand will reduce flow capacity in this neighborhood. Site 5: This site is located behind the City Water Treatment Plant and has been the focus of riparian restoration since 2000. The lower 400 feet of the reach have re-vegetated nicely, but the upper 600 feet contains several locations with no riparian vegetation on the left bank. These barren reaches are prone to erosion during moderate and high flow events. In addition, a small stand of Arundo donax (10' diameter) exists on the bank and is contributing viable nodes downstream during high flows. Two sheet-pile checkdams were installed in the stream in the early 1980's to serve as grade control structures for the Highway 101 abutments. Although the checkdams contain flow notches, the steel is jagged and sharp, and concrete rubble below the flow notches prevents adequate depth as a jump pool for migrating adult steelhead. 6ibson Creek · Site 6: This 400-foot reach was planted in 2003 during our last contract with DWR. The site has been irrigated and monitored, and has shown incredible growth. During the summer of 2004, approximately 50 alders died for unknown reasons. Two stands of Himalayan blackberry, approximately 30'x 10' each, are beginning to grow into the channel and reduce flow capacity. Site 7: The Leslie Street box culvert was assessed by Ross Taylor and Associates in 2002. The culvert was determined to be significantly undersized and a complete barrier to fish passage. · Sites 8 and 9: These two 4-foot diameter culverts constrict the flow of Gibson Creek and cause premature flooding of Babcock Lane every year. Mendocino Creek · Site 11: The North Fork of Mendocino Creek was planted and irrigated in 2003 through our last contract with DWR. The majority of plants have survived and are over six feet high. In 2004, City of Ukiah maintenance personnel used brush cutters to clear Himalayan blackberry from the channel. Unfortunately, they also cut several riparian plantings that did not survive. Doolin Creek · Site 10: Ross Taylor and Associates assessed this double bay box culvert under Babcock Lane in 2002. One bay is 2/3 full of sediment, and the culvert is significantly undersized. This causes premature flooding of Babcock Lane each winter. Site 12: A 10-foot diameter stand of Arundo donax exists on the left bank at this site, and actively contributes viable nodes to the channel during moderate and high flows. If left unchecked, it will continue to grow down to bankful height and constrict the channel. Site 13: A large stand of Arundo donax (80' long x 20' wide) exists on the left bank at this site, and is also contributing viable nodes to the channel. This site has grown significantly over the past three years. Site 14: Both banks of this 100-foot reach were planted in 2003 through our last DWR contract. Unfortunately, the right bank landowner has withdrawn support to irrigate our plantings on his property. The left bank landowner continues to support this project. A 50-foot stand of Himalayan blackberry exists on the left bank and is encroaching upon the channel, thus reducing flow capacity. Site 15: This tri'butary to Doolin Creek flows behind backyard fences, and is very confined. In the past three years a pulse of sediment has deposited in this reach, raising channel elevation two to three feet. Backyard flooding is relatively common during the winter months. Site 16: Three California bay laurel trees on the left bank have become severely undercut over the past 10 years. The potential for these trees to fall due to de-stabilized root systems is very high, and if that occurs nearby structures would likely be damaged. Flow diversion and flood capacity reduction may also occur if/when they fall. These are large trees (-50' tall) and provide shade and bank stability to Gibson Creek. b, Discuss environmental concerns about vegetation (e.g. natives, exotics), wildlife and aquatic species habitat, water quality and other issues. Vegetation In general, Himalayan blackberry, English ivy, Vinca major, and Arundo donax are the primary exotic plant species in Ukiah's four streams. Himalayan blackberry and Arundo donax have the potential to crowd the channel and reduce flood flow capacity. Vinca ma]or and English ivy do crowd the channel in some locations, out-competing native vegetation, and serve to destabilize streambanks due to their shallow root structure. We propose to address five Arundo donax colonies and four Himalayan blackberry stands in this project where they are constricting the channel and out- competing native vegetation. Once the exotic colonies are confirmed to be eradicated through monitoring, we will replant and irrigate native willows, cottonwoods and other riparian species to stabilize the streambanks. By increasing their food supply and cover, local wildlife (birds, mammals, reptiles, amphibians) will benefit by improving the native riparian community along the stream corridors. Aquatic species and water quality will benefit by stabilizing the streambanks, increasing shade canopy, and providing a source of allochthonous material to the channel. The other stands of Himalayan blackberry, English ivy, and Vinca major will require more planning to pursue eradication of those plants. We expect that the momentum this project has gained since 2000 will enable us to expand our exotic plant eradication efforts in the City of Ukiah. Stream cleanup Our annual clean up has gathered a following of dedicated volunteers and landowners that has enabled us to expand the clean up length to approximately five miles of channel in four streams. The effort typically occurs in late summer or early fall, after school reconvenes. Although the annual weight and volume of trash removed is showing a decreasing trend, it is still necessary to clean the channels before the fall rains occur. We believe that water quality in these streams and the Russian River has benefited by removing trash, toxic materials, and non-native deflectors (appliances) over the past five years. In order to properly dispose of refrigerators and other "charged" appliances, we will need to employ an air conditioning and refrigeration subcontractor to remove the coolant charges from the appliances. Culvert assessment, flood prevention and fish passage improvement Four culverts have been identified for assessment of flood prevention, fish passage, and associated costs of modification or replacement. The Leslie Street culvert was assessed in 2002, and was determined to be a velocity barrier to fish migration and is severely undersized. The other three culverts on Babcock Lane are undersized, but do not limit steelhead miqration. The Babcock Lane culverts flood prematurely. A tributary to Doolin Creek floods backyard~; (Tappin et al.) each winter. We propose to investigate the sediment source that has raised the streambed elevation and determine appropriate methods and costs for its repair. The flow notches at the two checkdams on Orrs Creek will be modified by a welder to remove the steel burrs and provide a smooth surface over which adult steelhead can pass without injury. The design will not change the flow notch elevation, so that no effect on grade control occurs. A mini- excavator will be used to create a jump pool below each flow notch by re-locating the mid-channel concrete rubble toward the streambanks (see plan view diagram). Two vehicle chassis will also be removed from the channel. Education Educating our local youth about the importance of stream health and the environment has proven to be one of the biggest successes over the history of this project. Several classes have participated in the clean up and planting components. They receive a 20-minute presentation prior to hiking in the stream to discuss safety, ecology, and watershed issues. The teachers have incorporated the topics covered into their curricula to round out the environmental unit. Teaching students about stream stewardship is probably the most effective method of preventing further abuses of our streams. Are there other stream-related problems? Streams that have been paved over unnecessarily represent the largest problem that we will not address in this project. We hope that the momentum gained over the life of this project will enable us to begin a dialog with the City of Ukiah to determine "day lighting" possibilities. 4. Describe the stream restoration or watershed management techniques you will use. Riparian restoration Native riparian planting and irrigation There are ten sites we have planted and irrigated over the past five years. We utilize local willow and cottonwood cuttings, rooted alder from the California Conservation Corps, and conifers. Willow and cottonwood cuttings are installed according to the attached "MFP Planting Methodology" description. Portions of these sites have not been planted due to resource limitations, and some plant mortality has occurred for various reasons. We plan to plant the barren portions of these sites to increase canopy cover. New sites will not be added during this contract unless additional funding can be secured. A few existing riparian restoration sites will be expanded. The irrigation systems will be re- installed and activated according to weather conditions. Frequency and duration of irrigation depends upon the landowner's water sources, but the goal is to deliver 10 gallons of water per week to each plant during the dry summer months. The plants that have received three or more years of irrigation will be removed from the irrigation system to prevent waste of water. Exotic plant eradication Eradication of the Arundo donax stands will occur with a combination of hand and equipment removal. The initial step involves a digging a perimeter trench to ensure no lateral root nodes exist beyond the main stand. Once the perimeter is established, the hand crew lays down large tarps in a nearby area to receive the plant biomass. The crew cuts the stems with loppers and delivers them to the tarps. Maintaining a sterile "Arundo-free" work site is critical to prevent spreading the plant to other locations. With the stems cut 4-8" above the ground, the work of removing the root systems begins. When appropriate, a mini-excavator will dig out the Arundo donax roots and place them on a nearby tarp. If the use of equipment is not possible, the hand crew will manually grub the roots and transport them to a sterile area. Soils removed with the Arundo donax roots get sifted to remove any viable nodes, then the soil is placed back into the sterilized hole from where it came. If tarping the site is necessary to prevent re-growth, at least two layers of sunlight-impenetrable tarps are placed on the ground, and anchored to prevent movement. After a season of monitoring to confirm eradication, native plants will be installed and irrigated at the sites. Himalayan blackberry stands exist along the streambanks in several locations, and are reducing channel capacity. In this project, we will manually and mechanically cut the vines and grub the roots in four locations. Tarping similar to the Arundo donax site will be done to prevent light from reaching the blackberries. Proper disposal of Arundo donax and Himalayan blackberry roots and biomass will be done at the local solid waste transfer station. Monitoring of planting sites, irrigation systems, and eradication sites Monitoring the treatment sites to ensure native plant survival and exotic plant eradication is one of the most important task in the riparian restoration component. The irrigation systems require regular monitoring and maintenance to ensure plant survival. Limiting the damage caused by high temperatures, wildlife, and vandalism will guarantee that water delivery occurs according to schedule, without wasting water. Monitoring and maintaining the irrigation systems requires a significant time commitment throughout the summer, and entails observing the systems when they are pressurized and active. This typically occurs in the early morning hours unless the landowner has restricted the site visits for whatever reason. If an irrigation system is scheduled to water in the evening, then the monitoring crew will activate the battery-powered timer to charge the line to observe it under pressure. Monitoring the plant eradication sites will occur on a monthly basis, and simply entails observing the sites to determine if re-growth is occurring. If exotic plants are growing at the sites, the hand crew will be mobilized to grub the new growth and add new tarps if necessary. Stream clean up The 2005 Ukiah Streams Cleanup will mark the sixth consecutive year we have implemented this event. The crew from E Center's Mendocino Fisheries Program will serve as guides and team leaders for the community volunteers and classes. For safety purposes, we hike the stream reaches prioF to cleanups and identify which reaches are appropriate for students and community volunteers. In the past, Ukiah Solid Waste Systems has donated 20 and 30 cubic yard industrial disposal bins for the clean up. Although this has served as a significant contribution to the project, we cannot expect their donation every year due to their budgetary constraints. In September or October 2005 we will work with classes from the Ukiah Unified School District and local charter schools to remove trash from the four Ukiah streams. Integral to the cleanup is the presentation of safety issues, salmonid life cycles, stream health, water quality, and watershed ecology principles prior to venturing to the streams. All students have responded favorably to the presentations and stream activities, and the teachers have been very enthusiastic about including these topics in their curricula. For insurance purposes, class participation must occur during school hours, and will require one week to complete. The Saturday following the students' cleanup will be scheduled for public participation, which will cover the reaches not cleaned by the students. Community and student involvement over the years has received excellent coverage from the local newspaper, thus highlighting issues of stream health and salmonid ecology. We believe that community involvement does have a positive and measurable effect. Culvert assessment and fish passage improvement The four culverts and the tributary to Doolin Creek (Tappin et al. site) will be assessed to determine how flooding can be prevented and salmonid passage improved. The process of evaluating the culverts will be to gather already collected survey data, or to collect the data itself. With that information we will be able to run Hec Ras software to model flood flow capacity and fish passage. The results will identify the proper cross-sectional areas of the crossings and slope of placement. We will present design options and associated costs to the landowners to determine which appears to be the most favorable for their needs, while answering the problem of flood prevention and improved fish passage. The Tappin et al. site will require a bit more investigation to determine water and sediment sources, and what has changed in the past ten years to cause the backyard flooding problem. Outreach to upstream landowners for interviews, research on development history, and evaluation of pre-development natural contours should indicate where the problem lies. Identifying the problem and presenting options for the remedy will be reported to the appropriate landowners and agencies. Education The environmental education component will follow E Center's model of the Watershed Education and Training (WET) Project in Covelo, that has been so successful over the past two years. The WET Project has combined portions of curricula from the California Coastal Commission, AmeriCorps Watershed Stewards, and the California Department of Fish and Game's Salmon in the Classroom. The curriculum units, in order presented are: Conservation and Sustainability Watersheds, Water, and the Water Cycle Ecosystems Fish, Wildlife, and Macroinvertebrates. Covelo students in grades 3 - 8 have responded very enthusiastically about the topics of watershed ecology, salmonids, the water cycle, and riparian communities. We have three teachers in Ukiah that would like to participate in the WET Project as soon as possible. Classroom visits will occur once every two weeks, and begin with a team-teaching effort by the Project Manager and Environmental Educator for the first few months. These classes will also participate in the stream clean up and, when appropriate, in planting native riparian species. Site Specific Prescriptions Orrs Creek Site 1: Plant and irrigate a 20-foot streambank failure and an 110-foot (both banks) barren reach. Site 2: Use a mini-excavator to place 10 cubic yards of ¼ to 1-ton boulder beneath the undercut oak tree. Key the boulders in -3 feet below channel elevation. Plant and irrigate 20 feet upstream and downstream of the oak tree. Site 3: Manually and mechanically cut Arundo donax stalks and grub the roots of the stand. Dispose of plant material properly. Double-tarp the eradicated site. Site 4: Manually and mechanically cut Arundo donax stalks and grub the roots of the stand. Dispose of plant material properly. Double-tarp the eradicated site. Site 5: Plant and irrigate the 600-foot upper barren portion of this reach. Manually cut the Arundo donax stalks and use an excavator to remove the roots. Dispose of plant material properly. Use an excavator to remove two vehicle chassis from the channel, and reconfigure the jump pools beneath the check dams. Treat the check dam flow notches by removing the sharp burrs and welding steel pipe to improve fish friendly passage. Gibson Creek Site 6: Replant approximately 150 feet of this reach where plants did not survive, and irrigate entire 400-foot reach of riparian plantings. Using a mini-excavator and by hand, remove two stands of Himalayan blackberries by cutting the vines and grubbing the roots. Double-tarp the sterilized area and monitor. Site 7: Gather cross-sectional survey data on Leslie Street box culvert. Perform longitudinal survey from Warren Avenue up to Perkins Street culvert. Run Hec Ras software to determine appropriate stream crossing area. Research costs of box culvert modification or crossing replacement and present to City of Ukiah. Sites 8 and 9: Perform cross-sectional surveys at crossings. Research costs of crossing replacement and present to appropriate agencies and landowners. Doolin Creek Site 10: Perform cross-sectional survey at crossing. Research costs of crossing replacement and present to appropriate agencies and landowners. Mendocino Creek Site 11: Re-plant approximately 200 feet of this 600-foot reach that was cleared by maintenance crews in 2004. Irrigate entire 600-foot reach of riparian plantings. Site 12: Manually and mechanically cut Arundo donax stalks and grub the roots of the stand. Dispose of plant material properly. Double-tarp the eradicated site. Site 13: Manually and mechanically cut Arundo donax stalks and use mini-excavator to grub the roots of the stand. Dispose of plant material properly. Double-tarp the eradicated site. Site 14: Plant 300 feet of the north bank and 200 feet of the south bank and irrigate. Manually and mechanically remove stand of Himalayan blackberries by cutting the vines and grubbing the roots. Double-tarp the sterilized area and monitor. Site 15: Research development history of sub-basin above the project site. Work with City of Ukiah staff to determine drain locations and patterns. Outreach to landowners to gather information on flooding occurrences and to identify potential sediment sources. Use hand crew to dig out channel -1 foot to buy some time. Site 16: Manually remove stand of Himalayan blackberry by cutting the vines and using mini- excavator to remove the roots. Dispose of plant material properly. Do not tarp the blackberry eradication area. Use mini-excavator to install ¼ to ½ ton boulder on left bank (facing downstream) for 93 feet. Core trench to be 3 feet beneath channel elevation, keyed into the bank approximately 3 feet (120 cubic yards). Place 3 or 4 1-ton boulder in void beneath undercut California bay laurel, and pack smaller rocks in interstitial spaces. Plant and irrigate 15 coast redwoods and 10 California bay laurel. 5. Describe the benefits of your project: a. How will your project contribute to the health of the watershed? The stream clean up activities Will remove trash from Ukiah's streams before fall rains take it to the Russian River and pollute aquatic habitats downstream. Riparian Restoration will promote bank stabilization and improve riparian canopy in the coming years Fish passage improvement will enable federally threatened steelhead trout to access additional spawning and rearing habitats. AGENDA ITEM NO: 9c MEETING DATE: January 19, 2005 SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO SUBMIT APPLICATIONS FOR MEMBERSHIP IN CSCDA AND PURSUE PARTICIPATION IN CALIFORNIA VEHICLE LICENSE FEE "GAP" RECEIVABLE BOND SALE Staff is evaluating an opportunity for the City of Ukiah to participate in a special bond issue which should result in a one-time cash receipt of approximately $240,000. While there is a lot of history to this the bottom line is that the State failed to include expected "backfill" payments with Vehicle License Fee payments in the fall of 2003, leaving a "gap" in total payments due to the City in the 03-04 fiscal year. Passed last November, Proposition lA obligated the State to pay this gap to us, creating a "receivable" with local governments, due by 2006, with an escape clause that gives them until 2008 if there is a financial emergency. This bond issue finances that receivable, in exchange for an immediate payment of roughly 90% of the face amount, and maybe most importantly, making it the bondholders' problem to collect from the State. Bondholders will have no recourse to the City. (continued on page 2) RECOMMENDED ACTION: Authorize City Manager to submit applications for membership in CSCDA and participation in the VLF Program, develop a VLF Receivables Sale Resolution and return to Council for approval on or before February 16, 2005. ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize the City Manager to pursue participation in the program and provide alternative direction to staff. Citizens Advised: Prepared by: Coordinated with: Attachments: N/A Mike McCann, Finance Director Candace Horsley, City Manager None Ap p roved: ~---_(~~~~-~-'~-i Ca-h-dace Horsley, City ~anager This Agenda Item requests authority to pursue participation in the issue and return to Council with the appropriate Resolutions, on or before February 16, 2004. No obligation of any kind accrues to the City until such Resolutions are enacted. Background Vehicle License Fees and VLF Gap Repayment: Vehicle license fees ("VLF") were historically assessed in the amount of 2% of a vehicle's depreciated market value for the privilege of operating a vehicle on California's public highways. Beginning in 1999, the VLF paid by vehicle owners was offset (or reduced) to the effective rate of 0.65%. In connection with the offset of the VLF, the Legislature authorized appropriations from the State General Fund to "backfill" the offset so that local governments, which receive all of the vehicle license fee revenues, would not experience any loss of revenues. The legislation that established the VLF offset program also provided that if there were insufficient State General Fund moneys to fully "backfill" the VLF offset, the percentage offset would be reduced proportionately (i.e., the license fee payable by drivers would be increased) to assure that local governments would not be disadvantaged. In June 2003, the Director of Finance under the Davis Administration ordered the suspension of VLF offsets due to a determination that insufficient State General Fund moneys would be available for this purpose, and, beginning in October 2003, the VLF paid by vehicle owners were restored to the 2% level. However, the offset suspension was rescinded by Governor Schwarzenegger on November 17, 2003, and State offset payments to local governments resumed. Local governments received "backfill" payments totaling $3.80 billion in FY 2002-03. "Backfill" payments totaling $2.65 billion were paid to local governments in FY 2003-04. However, approximately $1.2 billion was not received by local governments during the time period between the suspension of the VLF offsets and the implementation of higher fees and is still owed them by the State (the "VLF Gap Repayments"). The City's share of the VLF Gap Repayment is $268,433.89 (the "VLF Receivable"). As part of the 2004 Budget Act negotiations, an agreement was made between the State and local government officials (the "State-local agreement") under which the VLF rate will be permanently reduced from 2% to 0.65%. The State-local agreement also provides for the repayment by August 15, 2006 of the approximately $1.2 billion VLF Gap Repayment. In order to protect local governments, the reduction in VLF revenue to cities and counties from this rate change will be replaced by an increase in the amount of property tax they receive. Under the State-local agreement, for FY 2004-05 and 2005-06 only, the replacement property taxes that cities and counties receive has been reduced by $700 million. Commencing in FY 2006-07, local governments will receive their full share of replacement property taxes and those replacement property taxes will now enjoy constitutional protection against transfers by the State due to the approval of Proposition lA at the November 2004 election. Pending Bond Sale The California Vehicle License Fee("VLF") Gap Repayment Program was instituted by the California Statewide Communities Development Authority ("CSCDA") in 2004, as authorized under SB 1096, to enable the California cities and counties to sell their respective VLF Receivables to CSCDA for an upfront fixed purchase price estimated to be 9+% of the VLF Gap Repayments. Ukiah's VLF Receivable is $268,433.89. Note: This is a one-time event. CSCDA is planning to issue notes ("VLF Notes") and to use the note proceeds to purchase the VLF Receivables and pay financing costs. The actual purchase price of the VLF Receivables will depend on the total amount of VLF Receivables that cities and counties sell to CSCDA and on bond market conditions at the time the VLF Notes are priced. If the City sells its VLF Receivable under the VLF Program, CSCDA will pledge the City's VLF Receivable to secure the repayment of a corresponding portion of the VLF Notes. The City's sale of its VLF Receivable will be irrevocable. Bondholders will have no recourse to the City if the State does not make the VLF Gap Repayment. VLF Gap Loan Program Sponsor CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. The member agencies of CSCDA include approximately 230 cities and 54 counties throughout California. The City of Ukiah is not already a member of CSCDA and will need to become a member by adopting a separate resolution provided by CSCDA and executing the applicable joint powers agreement. Current VLF Payment Status In each of FY 2004-05 and 2005-06, cities and counties across the State will lose a total of $700 million annually in property tax payments to the Educational Revenue Augmentation Fund ("ERAF"), which benefits the State. Accordingly, the City's General Fund is projected to lose approximately $189,412.38 in each fiscal year. The Redevelopment Agency will lose an additional $326,834.70 per year. These loses are currently included in our budget. This loss in property tax revenue in FY 2004-05 and 2005-06 will be followed by an increase in revenues in FY 2006-07 due to the cessation of ERAF payments in that year. Mendocino County Plans On February 4, 2004 Dennis Huey, County Auditor-Controller, presented this item to the Board of Supervisors and received direction to proceed and return with the final Resolution. Their was discuss of the nearly 10% cost of the bonds (discount from face amount of the debt), but the final consensus was that in exchange for payment in spring 2005 vs. late 2006 or even 2008, the true cost was reasonable. It is staff's recommendation that the City Manager is authorized to submit applications for membership in CSCDA and pursue participation in the State's VLF program. AGENDA ITEM NO: 9 d MEETING DATE: January 19, 2005 SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO APPROVE BARTLE WELLS ASSOCIATES, CONTRACT FOR CONSULTING SERVICES RELATED TO FINANCING THE UPGRADE AND EXPANSION OF WATER AND WASTEWATER SYSTEMS. The Water Treatment and Wastewater plant improvements are major capital projects requiring substantial debt financing. Staff decided to secure assistance from professionals with credentials and experience in debt issuance and the rate setting structures needed to demonstrate repayment capacity to potential bond holders Bartle Wells Associates ("BWA") was selected by Public Utility and Finance staff from three bidders (Agenda item 8d, July 7, 2004) and a contract was signed on September 21,2004. Staff have worked extensively with BWA and feel that their work has been conscientious, authoritative and forward thinking. The contract is supported by purchase order 035789 encumbering account 840.3850.250.000: Water Capital Improvement-Contractual Services-Plant Expansion, and requires no General Fund expenditures. (continued on page 2) RECOMMENDED ACTION: Authorize City Manager to sign contract amendment to increase Phase One total to $74,000 plus reimbursable expenses as outlined in this report and increase funds budgeted for the project ALTERNATIVE COUNCIL POLICY OPTIONS: Provide Alternative direction to staff Citizens Advised: Prepared by: Coordinated with: Attachments: Mike McCann, Finance Director Candace Horsley, City Manager None Approved'~'~-.~~..-.,. Candace Horsley, C anager As we moved through the process of evaluating our current rate structure and financial position we found that there where serious shortcomings in the rate and financial information originally supplied to BWA. We made several passes through the utility billing data bases to generate information that BWA could apply to standard rate models in order to generate revenue and consumption forecasts. Similarly, significant work was required to produce the financial model we needed to understand the cash and reserve flows. As a result of the preliminary work the project has grown in scope and complexity. Water rate structure needs complete restructuring, Proposition 218 requires mailing notices to property owners, water and wastewater rate reviews have been decoupled and UVSD rates must be addressed separately from City rates. In order to fund this expanded work load, BWA has asked for additional "Phase One" funding in the amount of $44,000. Doug Dove, President of BWA and Principal Consultant on the project has supplied the following comments and cost summary for the Council's consideration: "The changes to the project schedule are due to the complexities and inequities in the existing water rate structure and the magnitude of increases needed in wastewater, in addition to the fact that wastewater will be moving to a consumption based structure. While we rarely ask clients to amend our contracts, we know that to get the 'job done right' we also need to add the following tasks to the original scope of service: · Complete restructuring of the water rate structure - our original scope envisioned simple across-the-board rate increases in water and wastewater. · Separate adoptions of water and wastewater rate increases - we originally envisioned concurrent rate hearings and adoption. · Drafting of rate ordinances and Prop 218 mailers - our original scope did not include the Prop 218 mailers · Development and implementation of a communications and public education campaign · Analysis and update of connection fees for water · Analysis and update of connection fees for wastewater- City of Ukiah · Analysis and update of connection fees for wastewater- UVSD · Review and update of wastewater rate structures for the City of Ukiah · Review and update of wastewater rate structures for the UVSD The updated project schedule we have attached outlines our estimate of time and fees to complete the water and wastewater rate analyses and move onto Phases 2 & 3(Project Financing). The updated project schedule shows an estimate of $15,840 in professional time and $2,000 for expenses for water and an estimate of $18,010 in professional time and $3,000 for expenses for wastewater. We have been billing out of Phase 2 since we exhausted the Phase 1 budget. Our billing records show that we billed $6,202 out of Phase 2 in October -- which was the work we did on Gordon Elton's direction for the interim financing. In November 2004 we billed $9,112 out of Phase 2 which was for the work on the updated water rate structure, development of rate alternatives and the work group presentation with the City Manager. The $15,312 already billed under Phase 2 is not included in the updated project schedules we have attached so we would have to put the $15,312 back into the Phase 2 budget in order to accomplish all the tasks of Phase 2." CITY OF UKIAH & UVSD Financial Advisory & Utility Rate Consulting Services Upgrade & Expansion of Water & Wastewater Systems Task Number Task Phase 1 - Comprehensive Eater & Wastewater Financial Plans & Rate Reviews . , 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Phase 1 Expenses Project kickoff meeting Information gathering/data collection Revenue source identification Review of operating, maintenance and replacement expenses Projected timeline and project phase-in Review of agreements (City of Ukiah/UVSD) Analysis of financing options for capital projects Recommend amount, time and type of financing Develop cash flow projections Develop preliminary financing plan Review and analysis of water rate structure & B&C wastewater rate study Recommend water rate adjustment Public education and consensus building Develop communication strategy Public presentations with Council & Citizens Prepare final report Original Cost $ 2,240 2,745 1,810 2,930 75O 75O 1,500 75O 3,120 1,500 1,130 1,130 2,810 1,440 3,895 1,500 $30,000 Revised Cost $ 3,200 7,500 4,000 4 8OO 2000 2 000 4.500 2000 5 800 3 000 2,200 4,500 8,500 8,500 8,500 3,000 $74,000 Net Change $ 96O 4,755 2,190 1 87O 1 250 1 250 3 000 1 25O 2 680 1 500 1,070 3,370 5,690 7,060 4,605 1,500 $44,000 Phase 2 - Procurement of Funding/Bond Sale for Water Projects . . 4. 5. 6. 7. 8. Preparation of Plan of Finance Method of Sale and Schedule Assist the City in Preparing RFPs &Assembling the Financing Team Underwriter Selection Terms and Conditions Public Presentations Preliminary Official Statement Underwriter Contact 1,995 1,840 2,185 2,550 3,525 3,085 2,190 3,455 1,995 1,84O 2,185 2,550 3,525 3,085 2,190 3,455 Negotiated Sale 9. Negotiated Sale 10. Negotiated Sale 11. 12. Phase 2 Assist underwriter with preparation and distribution of information regarding bond sale Bond Rating and Insurance Services Assist underwriter in discussions with rating agencies and bond insurers if appropriate Sale and Delivery of the Bonds Represent the City in bond pricing negotiation with selected underwriter. Oversee pricing activity at preliminary pricing and order period. Monitor Premarketing Activities Preparation of Final Official Statement and Bond Sale Report 3,240 3,240 3,085 3,085 0 0 1,930 1,930 1,000 1,000 $30,000 $30,000 Phase 3 - Procurement of Funding/Bond Sale for Wastewater Projects . . 4. 5. 6. 7. 8. Negotiated Sale 9. Negotiated Sale 10. Negotiated Sale 11. 12. Phase 3 Preparation of Plan of Finance Method of Sale and Schedule Assist the City in Preparing RFPs &Assembling the Financing Team Underwriter Selection Terms and Conditions Public Presentations Preliminary Official Statement Underwriter Contact Assist underwriter with preparation and distribution of information regarding bond sale Bond Rating and Insurance Services Assist underwriter in discussions with rating agencies and bond insurers if appropriate Sale and Delivery of the Bonds Represent the City in bond pricing negotiation with selected underwriter. Oversee pricing activity at preliminary pricing and order period. Monitor Premarketing Activities Preparation of Final Official Statement and Bond Sale Report 2,620 2,620 2,810 2,810 3,120 3,120 4,240 4,240 3,870 3,870 4,395 4,395 3,120 3,120 3,655 3,655 4,550 4,550 3,87O 3,87O 1,870 1,870 2,000 2,000 $40,000 $40,000 Total consulting fee estimate $100,000 $144,000 $44,000 AGENDA ITEM NO: 9e MEETING DATE: January 19, 2005 SUMMARY REPORT SUBJECT: APPROVAL OF JOINT SPONSOR AGREEMENT WITH UNITED STATES ARMY CORPS OF ENGINEERS The Army Corps of Engineers (ACE) has approved a feasibility study on the potential raising of Coyote Dam. ACE requires a local sponsor for the project, of which the Inland Water and Power Commission (IWPC) has now been designated. This local sponsorship also requires a 50/50 cost share for the Feasibility Study. Four agencies are represented on the IWPC, including The Russian River Flood Control and Water Conservation Improvement District, Potter Valley Water District, Redwood Valley Water District and the City of Ukiah. The feasibility study is estimated to cost $4 million, with the local share being $2 million. The study will look at increased storage capacity (with the Dam being raised anywhere from 10 to 46 feet), safety issues, environmental impacts, other potential options for increased water such as dredging, and impacts to the recreational areas. The study will take three to four years to complete once it is begun. ACE initially did a reconnaissance study to determine if a feasibility study would be worthwhile. They have made the determination that it is worthwhile to go forward, even though they are not making the reconnaissance study available for public review. The RECOMMENDED ACTION: Approval of agreement between the Army Corps of Engineers and Inland Water and Power Commission for the Coyote Dam feasibility study. ALTERNATIVE COUNCIL POLICY OPTIONS: Discuss and provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager David Rapport, City Attorney 1. Coyote Dam Feasibility Study Approved:' Candac'e Horsley, C~'t,~Manager 4:CAN/ASR.CoyoteDamFeasibility.011905 Potter Valley Water District and Russian River Flood Control and Water Conservation Improvement District have supported the concept of the feasibility study along with funding participation and are currently reviewing the contents of the ACE agreement. Redwood Valley Water District has stated that they will support the project; however, they are concerned that the County of Mendocino Water Agency is not currently involved, and are therefore apprehensive about the potential costs and have not committed to a cost share. ACE has allocated $200,000 this year for the study, and will be expecting a cost share of $200,000 from the local sponsor, which equals $66,667 each for the three agencies, or $50,000 each if Redwood Valley Water District commits. The City Attorney has reviewed the agreement between ACE and the Inland Water and Power Commission for the Coyote Dam feasibility study and has one concern as follows: "The one concern I have is Art. II.H which makes the Sponsor financially responsible for any cost of developing a response plan for addressing any hazardous substances "... existing in, on or under any lands, easements or rights-of-way that the Government determines to be required for the construction, operation, and maintenance of the project." Since the project is raising an existing dam, the agreement somehow makes the Sponsor responsible for all costs associated with developing a response plan, if there are hazardous substances in, on or under the existing dam as well as any other land or fights of way required. At a minimum, we should get some clarification from the Corp as to what this provision requires and why these costs are the exclusive responsibility of the Sponsor." Staff is requesting Council's approval of the agreement with ACE, with the caveat that further clarification of the response plan will be provided by the ACE which will satisfy the City Attorney's concerns. Attachment # AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE INLAND WATER AND POWER COMMISSION FOR THE COYOTE VALLEY DAM FEASIBILTY STUDY THIS AGREEMENT is entered into this day, of ,2005, by and between the Department of the Army (hereinafter the "Government"), represented by the District Engineer executing this Agreement, and the Inland Water and Power Commission (hereinafter the "Sponsor"), WITNESSETH, that WHEREAS, the Congress (Senate and/or House Committees) has authorized the Coyote Valley Dam, formerly the "Lake Mendocino Project" in Section 204 of the 1950 Flood Control Act (Public Law 516, 81 st Congress, 2nd Session) for the initial stage of the plan; and WHEREAS, the U.S. Army Corps of Engineers has conducted a reconnaissance study of the deferred water supply elements of the authorized Federal project, and any additional flood control and sedimentation requirements, to determine Federal interest in potential improvements to the project pursuant to this authority, and has determined that further study in the nature of a "Feasibility Phase Study" (hereinafter the "Study") is required to fulfill the intent of the study authority and to assess the extent of the Federal interest in participating in a solution to the identified problem; and WHEREAS, Section 105 of the Water Resources Development Act of 1986 (Public Law 99-662, as amended) specifies the cost sharing requirements applicable to the Study; WHEREAS, set forth and terms of this the Sponsor has the authority and capability to furnish the cooperation hereinafter is willing to participate in study cost sharing and financing in accordance with the Agreement; and WHEREAS, the Sponsor and the Government understand that entering into this Agreement in no way obligates either party to implement a project and that whether the Government supports a project authorization and budgets it for implementation depends upon, among other things, the outcome of the Study and whether the proposed solution is consistent with the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies and with the budget priorities of the Administration; NOW THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS For the purposes of this Agreement: A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this Agreement, from Federal appropriations or from funds made available to the Government by the Sponsor, and all negotiated costs of work performed by the Sponsor pursuant to this Agreement. Study Costs shall include, but not be limited to: labor charges; direct costs; overhead expenses; supervision and administration costs; the costs of participation in Study Management and Coordination in accordance with Article IV of this Agreement; the costs of contracts with third parties, including termination or suspension charges; and any termination or suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or obligations and to properly safeguard the work already accomplished) associated with this Agreement. B. The term "estimated Study Costs" shall mean the estimated cost of performing the Study as of the effective date of this Agreement, as specified in Article III.A. of this Agreement. C. The term "excess Study Costs" shall mean Study Costs that exceed the estimated Study Costs and that do not result from mutual agreement of the parties, a change in Federal law that increases the cost of the Study, or a change in the scope of the Study requested by the Sponsor. D. The term "study period" shall mean the time period for conducting the Study, commencing with the release to the U.S. Army Corps of Engineers San Francisco District of initial Federal feasibility funds following the execution of this Agreement and ending when the Assistant Secretary of the Army (Civil Works) submits the feasibility report to the Office of Management and Budget (OMB) for review for consistency with the policies and programs of the President. E. The term "PSP" shall mean the Project Study Plan, which is attached to this Agreement and which shall not be considered binding on either party and is subject to change by the Government, in consultation with the Sponsor. F. The term "negotiated costs" shall mean the costs of in-kind services to be provided by the Sponsor in accordance with the PSP. G. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal year begins on October 1 and ends on September 30. ARTICLE II - OBLIGATIONS OF PARTIES A. The Government, using funds and in-kind services provided by the Sponsor and funds appropriated by the Congress of the United States, shall expeditiously prosecute and complete the Study, in accordance with the provisions of this Agreement and Federal laws, regulations, and policies. B. In accordance with this Article and Article III.A., III.B. and III.C. of this Agreement, the Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs other than excess Study Costs. The Sponsor may, consistent with applicable law and regulations, contribute up to 25 percent of Study Costs through the provision of in-kind services. The in-kind services to be provided by the Sponsor, the estimated negotiated costs for those services, and the estimated schedule under which those services are to be provided are specified in the PSP. Negotiated costs shall be subject to an audit by the Government to determine reasonableness, allocability, and allowability. C. The Sponsor shall pay a fifty (50) percent share of excess Study Costs in accordance with Article m.D. of this Agreement. D. The Sponsor understands that the schedule of work may require the Sponsor to provide cash or in-kind services at a rate that may result in the Sponsor temporarily diverging from the obligations concerning cash and in-kind services specified in paragraph B. of this Article. Such temporary divergences shall be identified in the quarterly reports provided for in Article III.A. of this Agreement and shall not alter the obligations concerning costs and services specified in paragraph B. of this Article or the obligations concerning payment specified in Article 1II of this Agreement. E. If, upon the award of any contract or the performance of any in-house work for the Study by the Government or the Sponsor, cumulative financial obligations of the Government and the Sponsor would result in excess Study Costs, the Government and the Sponsor agree to defer award of that and all subsequent contracts, and performance of that and all subsequent in-house work, for the Study until the Government and the Sponsor agree to proceed. Should the Government and the sponsor require time to arrive at a decision, the Agreement will be suspended in accordance with Article X., for a period of not to exceed six months. In the event the Government and the sponsor have not reached an agreement to proceed by the end of their 6 month period, the Agreement may be subject to termination in accordance with Article X. F. No Federal funds may be used to meet the Sponsor's share of Study Costs unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. G. The award and management of any contract with a third party in furtherance of this Agreement which obligates Federal appropriations shall be exclusively within the control of the Government. The award and management of any contract by the Sponsor with a third party in furtherance of this Agreement which obligates funds of the Sponsor and does not obligate Federal appropriations shall be exclusively within the control of the Sponsor, but shall be subject to applicable Federal laws and regulations. H. The Sponsor shall be responsible for the total cost of developing a response plan for addressing any hazardous substances regulated under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, (codified at 42 U.S.C. Sections 9601-9675), as amended, existing in, on, or under any lands, easements or rights-of-way that the Government determines to be required for the construction, operation, and maintenance of the project. Such costs shall not be included in total study costs. ARTICLE III - METHOD OF PAYMENT A. ~The Government shall maintain current records of contributions provided by the parties, current projections of Study Costs, current projections of each party's share of Study Costs, and current projections of the amount of Study Costs that will result in excess Study Costs. At least quarterly, the Government shall provide the Sponsor a report setting forth this information. As of the effective date of this Agreement, estimated Study Costs are $ and the Sponsor's share of estimated Study Costs is $__ In order to meet the Sponsor's cash payment requirements for its share of estimated Study Costs, the Sponsor must provide a cash contribution currently estimated to be $ [EQUAL TO THE SPONSOR'S SHARE LESS THE VALUE OF IN-KIND SERVICES TO BE PROVIDED BY THE SPONSOR]. The dollar amounts set forth in this Article are based upon the Government's best estimates, which reflect the scope of the study described in the PSP, projected costs, price-level changes, and anticipated inflation. Such cost estimates are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Sponsor. [USE OPTION I (PARAGRAPH B) IF ALL REQUIRED FUNDS ARE TO BE PROVIDED BY THE SPONSOR AT THE BEGINNING OF THE STUDY, OTHERWISE, USE OPTION II (PARAGRAPH B)] OPTION I B. The Sponsor shall provide its cash contribution required under Article II.B. of this Agreement in accordance with the following provisions: 1. No later than thirty (30) calendar days prior to the scheduled date for the Government's issuance of the solicitation for the first contract for the Study or for the Government's anticipated first significant in-house expenditure for the Study, the Government shall notify the Sponsor in writing of the funds the Government determines to be required from the Sponsor to meet its share of Study Costs. No later than thirty (30) calendar days thereafter, the Sponsor shall provide the Government the full amount of the required funds by delivering a check payable to "FAO, USAED, San Francisco" to the District Engineer. 2. The Government shall draw from the funds provided by the Sponsor such sums as the Government deems necessary to cover the Sponsor's share of contractual and in-house financial obligations attributable to the Study as they are incurred. 3. In the event the Government determines that the Sponsor must provide additional funds to meet its share of Study Costs, the Government shall so notify the Sponsor in writing. No later than 60 calendar days after receipt of such notice, the Sponsor shall provide the Government with a check for the full amount of the additional required funds. OPTION II B. The Sponsor shall provide its cash contribution required under Article II.B. of this Agreement in accordance with the following provisions: 1. For purposes of budget planning, the Government shall notify the Sponsor by [SPECIFIC DATE] of each year of the estimated funds that will be required from the Sponsor to meet the Sponsor's share of Study Costs for the upcoming fiscal year. 2. No later than sixty (60) calendar days prior to the scheduled date for the Government's issuance of the solicitation for the first contract for the Study or for the Government's anticipated first significant in-house expenditure for the Study, the Government shall notify the Sponsor in writing of the funds the Government determines to be required from the Sponsor to meet its required share of Study Costs for the first fiscal year of the Study. No later than thirty (30) calendar days thereafter, the Sponsor shall [SELECT ONE OF THE FOLLOWING MECHANISMS: [1] provide the Government the full amount of the required funds by delivering a check payable to "FAO, USAED, San Francisco" to the District Engineer. [2] verify to the satisfaction of the Government that the Sponsor has deposited the required funds in an escrow or other account acceptable to the Government, with interest accruing to the Sponsor. [3] present to the Government an irrevocable letter of credit acceptable to the Government for the required funds.] 3. For the second and subsequent fiscal years of the Study, the Government shall, no later than sixty (60) calendar days prior to the beginning of the fiscal year, notify the Sponsor in writing of the funds the Government determines to be required from the Sponsor to meet its required share of Study Costs for that fiscal year, taking into account any temporary divergences identified under Article II.C. of this Agreement. No later than thirty (30) calendar days prior to the beginning of the fiscal year, the Sponsor shall make the full amount of the required funds available to the Government through the funding mechanism specified in paragraph B.2. of this Article. 4. The Government shall draw from the [INDICATE MECHANISM: [1] funds [2] escrow or other account [3] letter of credit] provided by the Sponsor such sums as the Government deems necessary to cover the Sponsor's share of contractual and in-house fiscal obligations attributable to the Study as they are incurred. 5. In the event the Government determines that the Sponsor must provide additional funds to meet its share of Study Costs, the Government shall so notify the Sponsor in writing. No later than sixty (60) calendar days after receipt of such notice, the Sponsor shall make the full amount of the additional required funds available through the funding mechanism specified in paragraph B.2. of this Article. [USE PARAGRAPH C WITH EITHER OPTION I OR II] C. Within ninety (90) days after the conclusion of the Study Period or termination of this Agreement, the Government shall conduct a final accounting of Study Costs, including disbursements by the Government of Federal funds, cash contributions by the Sponsor, the amount of any excess Study Costs, and credits for the negotiated costs of the Sponsor, and shall furnish the Sponsor with the results of this accounting. Within thirty (30) days thereafter, the Government, subject to the availability of funds, shall reimburse the Sponsor for the excess, if any, of cash contributions and credits given over its required share of Study Costs, other than excess Study Costs, or the Sponsor shall provide the Government any cash contributions required for the Sponsor to meet its required share of Study Costs other than excess Study Costs. D. The Sponsor shall provide its cash contribution for excess Study Costs as required under Article II.C. of this Agreement by delivering a check payable to "FAO, USAED, San Francisco" to the District Engineer as follows: 1. After the project that is the subject of this Study has been authorized for construction, no later than the date on which a Project Cooperation Agreement is entered into for the project; or 2. In the event the project that is the subject of this Study is not authorized for construction by a date that is no later than 5 years of the date of the final report of the Chief of Engineers concerning the project, or by a date that is no later than 2 years after the date of the termination of the study, the Sponsor shall pay its share of excess costs on that date (5 years after the date of the Chief of Engineers or 2 year after the date of the termination of the study). ARTICLE IV - STUDY MANAGEMENT AND COORDINATION A. To provide for consistent and effective communication, the Sponsor and the Government shall appoint named senior representatives to an Executive Committee. [THE EXECUTIVE COMMITTEE SHALL NORMALLY INCLUDE THE DISTRICT'S CHIEF, PLANNING DIVISION, AND THEIR COUNTERPARTS FROM THE SPONSOR.] Thereafter, the Executive Committee shall meet regularly until the end of the Study Period. B. Until the end of the Study Period, the Executive Committee shall generally oversee the Study consistently with the PSP. C. The Executive Committee may make recommendations that it deems warranted to the District Engineer on matters that it oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider such recommendations. The Government has the discretion to accept, reject, or modify the Executive Committee's recommendations. D. The Executive Committee shall appoint representatives to serve on a Study Management Team. The Study Management Team shall keep the Executive Committee informed of the progress of the Study and of significant pending issues and actions, and shall prepare periodic reports on the progress of all work items identified in the PSP. E. The costs of participation in the Executive Committee (including the cost to serve on the Study Management Team) shall be included in total project costs and cost shared in accordance with the provisions of this Agreement. ARTICLE V - DISPUTES As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. Such costs shall not be included in Study Costs. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI - MAINTENANCE OF RECORDS A. Within sixty (60) days of the effective date of this Agreement, the Government and the Sponsor shall develop procedures for keeping books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will properly reflect total Study Costs. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to state and local governments at 32 C.F.R. Section 33.20. The Government and the Sponsor shall maintain such books, records, documents, and other evidence in accordance with these procedures for a minimum of three years after completion of the Study and resolution of all relevant claims arising therefrom. To the extent permitted under applicable Federal laws and regulations, the Government and the Sponsor shall each allow the other to inspect such books, documents, records, and other evidence. B. In accordance with 31 U.S.C. Section 7503, the Government may conduct audits in addition to any audit that the Sponsor is required to conduct under the Single Audit Act of 1984, 31 U.S.C. Sections 7501-7507. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits shall be included in total Study Costs and shared in accordance with the provisions of this Agreement. ARTICLE VII - RELATIONSHIP OF PARTIES The Government and the Sponsor act in independent capacities in the performance of their respective rights and obligations under this Agreement, and neither is to be considered the officer, agent, or employee of the other. ARTICLE VEIl - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE IX - FEDERAL AND STATE LAWS In the exercise of the Sponsor's rights and obligations under this Agreement, the Sponsor agrees to comply with all applicable Federal and State laws and regulations, including Section 601 of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of Defense Directive 5500.11 issued pursuant thereto and published in 32 C.F.R. Part 195, as well as Army Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE X - TERMINATION OR SUSPENSION A. This Agreement shall terminate at the conclusion of the Study Period, and neither the Government nor the Sponsor shall have any further obligations hereunder, except as provided in Article I]I.C.; provided, that prior to such time and upon thirty (30) days written notice, either party may terminate or suspend this Agreement. In addition, the Government shall terminate this Agreement immediately upon any failure of the parties to agree to extend the study under Article I].E. of this agreement, or upon the failure of the sponsor to fulfill its obligation under Article 11I. of this Agreement. In the event that either party elects to terminate this Agreement, both parties shall conclude their activities relating to the Study and proceed to a final accounting in accordance with Article m.c. and m.D. of this Agreement. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to both parties. B. Any termination of this Agreement shall not relieve the parties of liability for any obligations previously incurred, including the costs of closing out or transferring any existing contracts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer for the U.S. Army Corps of Engineers, San Francisco District. DEPARTMENT OF THE ARMY INLAND WATER AND POWER COMMISSION BY Colonel, Corps of Engineers District Engineer San Francisco District BY (Title)