HomeMy WebLinkAbout2003-11-05 PacketMotion carried by the following roll call vote: AYES: Councilmembers Rodin,
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: ,;one.
ABSENT: None. u~s~~~`~ , ,
y: ';a Lip..
rf: iA
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City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the ~ Council of
the City of Ukiah, Amending in its entirety Chapter 11, Article 2 of ~ ~f Ukiah
Municipal Code, Regulating Cable, Video, and Telecommunications, `~ ice ~ ~,;;,
M/S Smith/Andersen Introducing Ordinance, carried by the folio'"' roll
AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, ~ Mayon , ,Sc
None. ABSTAIN: None. ABSENT: None. ,~F~~s~ :;,
7. UNFINISHED BUSINESS d S~~r
7b. Introduction of Ordinance Amendin UC ction 3
City Attorney Rapport explained that at the," t 6, 20 E, ity Council meeting,
Council agreed that appeals of Planning Co "." si cisi : " , "er Ukiah City Code
Section 1203 should be filed within 10 days of the dat'~h ,.,; ~,scision is made and should
be contained in a writing that sets forth the reasons fob ppeal. He prepared the
proposed ordinance amending Section 1203 to make those m";,,,,ges. , _
M/S Rodin/Smith Introducing
call vote: AYES: Council
Larson. NOES: None. A ",.
City Clerk Ulvila read the title of tl
the City of Ukiah Amending Section
members of the Cita~~ouncil or the ~
M/S i Intro "ng Ordir
Rodin,; . „dersen,
ABS ° : None.
8.
8a.
the Park9'
the City C~
the vacan~
application
Title Only, and carrl""' ;`the following roll
En dersen, Smit~~,t, aldwin, and Mayor
onea~"i,~
e, "An ance of the City Council ofeUkiah,~jr Code concerning appeals by
by the following roll call vote: AYES:
and Mayor Larson. NOES: None.
Ulvila '"" d at on March 18, 2003, the City Clerk's office received
rom Perry ~ y, Men's Golf Club representative, of his resignation from
creation. Golf Commission. The Men's Golf Club submitted a letter to
it reco mending that Joe Chiles be appointed by the City Council to fill
reated by Mr. Ramsey's resignation. Mr. Chiles has completed an
z:
ppointment for Council's consideration.
Smith nominating Joe Chiles as the Men's Golf Club representative to the
eation and Golf Commission, carried by the following roll call vote: AYES:
nbers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
None. ABSENT: None.
Regular City Council Meeting
August 20, 2003
Page 3 of 10
M/S Smith/Carson adopting Resolution 2004-07 making appointment of Joe Chiles to
the Parks, Recreation, and Golf Commission to fill the unexpired term of office for a
representative from the Men's Golf Club to expire June 30, 2004, carried the
following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Bah ~ci
Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. ,, ,.Y ~,`
8. UNFINISHED BUSINESS ;' ' ~ ~ .:,.r~;,
8b. Discussion and Possible Direction Re ardin Noise - Ba An n
Councilmember Baldwin stated that noise pollution is mostly rel to mann" =8nd
civility. It was his opinion that the Ukiah community is today increas interrupt:
the noise of mechanized gadgets, certain vehicles, and sq ,. equip ;. He stag
that noise causes stress and can cause other health probe ~ ..:~~I;~~
ri3 r f1, ~},-
He suggested that the City provide education in it .:: ~rterly newsletter regarding the
unhealthy pollution of leaf blowers and the corr ding ial benefits of reducing
blower use. He reviewed recommended hour ~ ration, ~' opted in his Report to
Council. He also recommended that the Clr'p a.,.f'" local landscaping
companies encouraging their offering "Quiet-No Blow' ': ,~~ce'. Additionally, the City
could provide a $5 City rebate on the purchase of rakes '' ptdoor brooms.
In regard to car stereos, he
noise ordinance to the great
paying a $100 fine or three F
that the City enfoi a w and its local
ble. Offenders could' ~~en the choice of
nement with to ppositional music".
He recommended that the City e° , ° . c
possible and that amplified music n
majority of residents nearest the pa
series in Todd G rk is sufficient t
also suggest ''x,a limit to the
events to 5 Year .°;
the ~`< ' ~ to the maximum extent
I in par i~hout a petition signed by a
elt that , Sundays in the Park concert
that no others be allowed in other parks. He
x Plaza and School Street amplified sound
He s ed a letter R'~ent to all heliF'Eer operators requesting they first fly east,
then ° e ~Irvliighw their destination is north or south. He also
recommend 'e sen mmercial carrier/couriers requesting their use of
Noise Abatem *e off and landing patterns in all clear weather.
that a pre" C' ; ;ouncil adopted a resolution recommending that the Army
Corps ~ ,, k, { gineers ih `a policy to close Lake Mendocino to internal combustion
water go 'i .ehicles ndays and Mondays during the season of September 15 to
May 1, an ondays`° '"nd Tuesdays after 5:00 p.m. during the season of May 1 to
September ~~#1i He felt the City Council should readopt such a resolution.
Councilm 'er Andersen stated that he requested the Council agendize an item
jQgncerni ' . } ise pollution in review of the Noise Element of the General Plan and how
i~ dressed in the Ukiah Municipal Code. The most frequent complaints he
people are regarding barking dogs and boom car stereos. He explained
of advocate the banning of leaf blowers in the City limits. He expressed
Regular City Council Meeting
August 20, 2003
Page 4 of 10
ITEM NO. 6R
DATE: November 5. 2003
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN
AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002
With the passage of the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Bond Act of 2002 (Proposition 40), the City of Ukiah is entitled to apply for General Allocation Grant
funds, which are being dispersed statewide on aper-capita basis. The City of Ukiah along with other
smaller cities with a population below 45,531 will receive a minimum per capita allocation of
220,000. Procedurally, the City Council must adopt a resolution to encumber these funds.
The Per Capita Grant Program is intended to maintain a high quality of life for California's growingpopulationbyprovidingacontinuinginvestmentinparksandrecreationalfacilities. Specifically, it is for
the acquisition and development of neighborhood, community, and regional parks and recreation
lands and facilities in urban and rural areas. Per Capita grant funds can only be used for capital
outlay. No local match is required to apply for these funds.
A portion of the Proposition 40 Per Capita funds were placed in the Park Development Fund (Fund
140) of the current budget in anticipation of receipt and are targeted for completion at ObservatoryParkandOrchardPark. The remaining funds will be needed to replace/renovate playground
equipment and amenities throughout the park system. The City Council will have the opportunity to
review and approve remaining park and playground upgrades as project proposals and plans are
completed.
RECOMMENDED ACTION: ADOPT RESOLUTION APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER,CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine the application for Per Capita Grant funds is inappropriate at this time and do not move
to adopt the resolution.
wizen Haviseo: NiA
Requested by: State of California Parks and Recreation Department
Prepared by: Sage Sangiacomo, Community Services Supervisor
Coordinated with: Candace Horsley, City Manager and Larry W. DeKnoblough, CommunityServicesDirector
Attachments: 1. Proposed Application Resolution
APPROVED: ~ > r~V
Candace Horsley, City Hager
ITEM N0:
9b
MEETING DATE: November 5. 2003
AGENDA SUMMARY REPORT
SUB7ECT: I. ADOPTION OF ORDINANCE ADOPTING CHAPTER 8.C OF
DIVISION 1 OF THE UKIAH CITY CODE IMPOSING A
TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE
STATE BOARD OF EQUALIZATION
II. ADOPTION OF RESOLUTION CALLING FOR A SPECIAL
MUNICIPAL ELECTION FOR TWO BALLOT MEASURES
At the October 15, 2003 City Council meeting, the Council directed staff to prepare the
necessary documents for two ballot measures to place on the March 2004 election. The
first ballot measure was to request the voters' approval of making the position of City
Clerk appointive rather than elective. The second measure was to adopt a special one-
half percent sales tax to fund public safety services.
Continued on page 2)
RECOMMENDED ACTION: Adopt ordinance approving sales tax increase and approve
resolution calling for a special municipal election.
ALTERNATIVE COUNCIL POLICY OPTIONS: Provide alternate direction to staff.
Citizens Advised:N/A
Requested by:Candace Horsley, City Manager
Prepared by:Candace Horsley, City Manager
Coordinated with:Dave Rapport, City Attorney
Attachments: 1.Resolution calling for special municipal election
2.Proposed ordinance approving sales tax increase
3.Agreement between Mendocino County and
election services
4.SB 566, Sales Tax Measure
5.Letter from Board of Equalization
Approved:
Candace Horsley, Ci Manager
4: CAN/ASR. BallotM easures.110503
City of Ukiah for
Attached for Council's review is a resolution which calls for a special municipal election,
consolidating the municipal with the Presidential primary election and presenting ballot
Measure A for the office of City Clerk to be appointive, and Measure B for the adoption
of a transactions and use tax of one-half percent. Measure A can be approved by a
simple majority of voters, while Measure Brequires atwo-thirds vote for adoption.
The Sales Tax Measure, SB 566, as signed by the Governor on October 8, 2003 is
attached for your review. This bill adds two new sections to the revenue and taxation
code, which authorize cities to adopt sales tax measures. To increase the sales tax, the
City Council, by two-thirds vote, must approve an ordinance imposing the tax and the
ordinance must include an expenditure plan, describing the specific areas for which the
revenues from the tax must be expended.
In order to enact this ordinance and proceed with the sales tax ballot measure, the
Board of Equalization must be involved in approving our ordinance, as they are
responsible for administering any sales tax increase. The City Manager received a call
from the Board of Equalization to inform the City of the requirements. The steps
required by the Board of Equalization are:
1. The City must prepare an ordinance, based on the Board of Equalization's
model, and then have them "bless the ordinance" for City Council adoption.
At this time, the Board of Equalization has approved the City Attorney's
version of the ordinance, which is attached for Council's adoption.
2. The day after the election, the City is required to contact the Board of
Equalization to let them know whether the measure passed. Two contracts
will be prepared, one to pay for the set up of the new sales tax, and the
second to pay for ongoing administration of the tax.
Attached for Council's review and adoption are the documents prepared by the City
Attorney which include the resolution calling for a special municipal election for the City
Clerk and Sales Tax ballot measures; the ordinance adopting the sales tax increase to
be administered by the State Board of Equalization; and the agreement between the
City and County for election services. Staff is requesting Council's adoption of the
resolution and ordinance.
2
SRGHPvIEtdl'~_
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH CALLING FOR A SPECIAL MUNICIPAL
ELECTION, CONSOLIDATING SPECIAL MUNICIPAL
ELECTION WITH PRESIDENTIAL PRIMARY ELECTION,
PRESENTING TWO BALLOT MEASURES (1) TO MAKE
THE POSITION OF CITY CLERK APPOINTIVE RATHER
THAN ELECTIVE, AND (2) TO ADOPT AN ORDINANCE
IMPOSING A SPECIAL ONE-HALF PERCENT
TRANSACTIONS AND USE TAX TO FUND PUBLIC
SAFETY SERVICES, TRANSMITTING MEASURES TO
CITY ATTORNEY FOR IMPARTIAL ANALYSIS AND
AUTHORIZING ARGUMENTS AND REBUTTAL
ARGUMENTS IN FAVOR OF MEASURES.
WHEREAS,
1. Election Code Section 10403 authorizes the City Council of the City of Ukiah ("City")
to request the Mendocino County Board of Supervisors to consolidate a special municipal
election with the statewide presidential primary election scheduled for March 2, 2004; and
2. The City Council shall set forth in the resolution the exact form of any ballot measures
to appear on the election ballot and other matters necessary or convenient to call a special
municipal election and consolidate it with a statewide election;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council hereby calls a special municipal election for March 2, 2004.
2. The City Council authorizes ballot propositions for said election as follows:
a. The following ballot propositions in the following form shall be presented to
the voters at the consolidated election:
MEASURE A
Shall the office of City Clerk be appointive?
Yes
No
MEASURE B
Shall Ordinance No. be adopted to impose a transactions
sales) and use tax at a maximum rate of one-half of one percent to
be used exclusively for the provision of public safety (police, fire
and emergency medical) services within the city limits of the City
of Ukiah.
Yes
No
b. Measure A shall be considered approved if a simple majority of the voters
voting in said election cast a "yes" vote. Measure B shall be considered approved, if a two-thirds
majority of the voters voting in said election cast a "yes" vote.
c. Measure B form: City of Ukiah Ordinance No. _, enacted by the voters
pursuant to subsection 2.b of this Resolution, shall be in the form set forth in Attachment 1.
3. The City Council hereby requests the Mendocino County Board of Supervisors to
consolidate the special municipal election with the statewide presidential primary election
scheduled for March 2, 2004, and to enter a contract with the City for the provision of election
services by the County in the form set forth in Attachment 2.
4. The City Clerk shall transmit a copy of the ballot measures set forth in section 2.a of
2
this Resolution to the City Attorney for the prepazation of an impartial analysis as required by
Elections Code Section 9280.
5. By no later than November 14, 200, the City Clerk shall post notice of the deadline for
filing ballot arguments for or against a measure. Ballot azguments for or against a measure must
be filed by November 25, 2003. Rebuttal azguments must be filed by December 5, 2003. If any
azgument is submitted in opposition to the measure, the Mayor is hereby authorized to file a
rebuttal azgument on behalf of the City Council as authorized by Elections Code Section 9285.
PASSED AND ADOPTED by the City Council of the City of Ukiah on this _ day of November
2003, by the following roll call vote:
AYES:
NOES:
ABSTAINING
ABSENT:
Eric Lazson, Mayor
ATTEST:
Marie Ulvila, Deputy City Clerk
ATTACHMENTI
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:
SECTION ONE.
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 hereinafter 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 calendaz
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 7286.24 of Part 1.7 of
Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a 2/3
majority of the City Council adopts this ordinance and a 2/3 majority of the electors voting on the
measure 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 aze 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 Boazd 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
ATTACHMENTI
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 public safety services as further provided herein.
1738: CONTRACT WITH STATE: Prior to the operative date, the City shall contract with
the State Boazd 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 Boazd 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 calendaz 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 aze
consummated at the place of business of the retailer unless the tangible personal property sold is
delivered by the retailer or his agent to anout-of--state destination or to a common carrier for
delivery to anout-of--state destination. The gross receipts from such sales shall include delivery
chazges, when such charges are subject to the state sales and use tax, regazdless 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 aze
consummated shall be determined under rules and regulations to be prescribed and adopted by
the State Boazd 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 chazges aze subject to state sales or use tax regazdless of the
place to which delivery is made.
1742: ADOPTION OF PROVISIONS OF STATE LAW: Except as otherwise provided in
this ordinance and except insofaz 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:
2
ATTACHMENTI
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 Boazd of Control, State Boazd 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 necessazily 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 shal- 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-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There aze 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 aircraft to be used or consumed principally outside the County in which the sale is
3
ATTACHMENTI
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 carrier 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 anout-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 right to
terminate the contract or lease upon notice, whether or not such right 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 carriers 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
ATTACHMENTI
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: EXPENDITURE PLAN:
A. Use of the tax proceeds. The revenues received by the City from the tax imposed by
this Chapter ("Proceeds") together with any interest earned by the Proceeds shall be used
exclusively to provide public safety services within the City. As used herein, "public safety
services" means law enforcement and crime prevention services provided by the Ukiah Police
Department, and fire protection and prevention and emergency medical services provided by the
Ukiah Fire Department. The Proceeds may be used to pay the salaries, including overtime and
specialty pay, and fringe benefits of public safety officers and support staff working in the Police
Department and of firefighters, emergency medical technicians and support staff working in the
Fire Department, and for the purchase of vehicles, equipment and supplies used exclusively by
the Police and Fire Departments. In no event shall the amount of general fund revenues budgeted
in any future fiscal year for public safety services in the City be less than an amount necessary to
5
ATTACHMENTI
maintain public safety services at the level available in the City in the 2003-2004 fiscal year,
when those general fund revenues are combined with the Proceeds; provided, however, that this
requirement shall not prevent the City from reorganizing or changing the method of providing
public safety services.
B. Accounting for tax revenue. All revenues produced by the tax imposed by this
Section and all interest on said revenues shall be placed in an account separate and apart from the
general fund, designated the "Public Safety Services Fund," and shall be designated for use and
used only in accordance with subsection A of this Section 1746. The income to and expenditures
from the Public Safety Services Fund shall be accounted for sepazately in the financial reports
and records of the City of Ukiah.
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.
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 TWO
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 declazes 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 declazed 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 approval of the ordinance by
not less than a 2/3 vote majority of the City Council and a 2/3 majority of the electors voting on a
measure to approve this Ordinance at an election called for that purpose.
Approved on 2003 by the following roll call vote of the Ukiah City
Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
6
ATTACHMENTI
Eric Larson, Mayor
ATTEST:
Marie Ulvila, Ciry Clerk
w0~9EPd1 'JJ
ATTACHMENT 2
AGREEMENT BETWEEN THE CITY OF UKIAH AND
MENDOCINO COUNTY FOR ELECTION SERVICES
WHEREAS, a special Municipal Election has been set for March 2, 2004, the same day as the
Statewide Presidential Primary Election, and the City Council of the City of Ukiah desires that the
County Clerk shall conduct the election of Mazch 2, 2004, for two (2) ballot measures submitted to
the Boazd of Supervisors with the request for consolidation at least 88 days before the election.
1. The County Clerk shall provide the following services in connection with conducting the
March 2, 2004 Municipal Election, on the City's behalf:
a. Establish precinct boundaries to coincide with Statewide Election.
b. Designate polling places and appoint election officers.
c. Notify election officers of their appointment and instruct inspectors concerning
their duties.
d. Appoint and pay election officers.
e. Arrange for the availability of polling places, all supplies necessary for casting
ballots, and setting up of voting booths.
f. Publish lists of precincts, election officers, polling places, and hours polls will be
open.
g. Provide sample ballots to each voter.
h. Receive absent voter applications: supply absent voter ballots to applicants; accept
absent voter ballot returns; retain custody of absent voter ballots; and count absent
voter ballots.
Provide Certificate of County Clerk as to result of the Canvass, for approval by the
City Council.
2. The City Clerk of the City of Ukiah shall be responsible for:
a. All functions of the City Clerk relative to azguments concerning City measures as
set forth in Article 4, Chapter 3, Division 5 (§ 5012) of the Elections Code,
including filing and accepting notices required.
b. Publication of the Notice of Election.
C.\WINDOWS\TEMPoRARY INTERNET FILES\OLKS225WTTACH2.ELECT.SERVICES.DOC
c. Receipt of campaign statements and disclosure statements as required by law.
3. In consideration of the services rendered by the County Clerk and described herein, the City
of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal
Election, and a ten percent (10%) chazge for associated overhead based upon a detailed invoice
prepared by the County Clerk and presented to the City for payment.
4. Payment for services due under this agreement shall be made after billing is submitted by
the County of Mendocino.
DATED:
CITY OF UKIAH, CALIFORNIA
By:
Eric Larson, Mayor
ATTEST:
By:
Gordon Elton, City Clerk
BOARD OF SUPERVISORS
MENDOCINO COUNTY, CALIFORNIA
By:
Richazd Shoemaker, Chairman
By:
Kristi Furman, Clerk of the Board
C'\WINDOWS\TEMPORARY INTERNET FILES\OLK8225\A77ACH2ELECT.SERVICESDOC
ATTACHMENT I
Senate Bill No. 566
CHAPTER 709
An act to amend Sections 7251.1, 7285, and 7285.5 of, to add Chapter
2.3 (commencing with Section 7285.9) to Part 1.7 of Division 2 of, and
to repeal Sections 7251.3 and 7251.4 of, the Revenue and Taxation
Code, relating to taxation.
Approved by Governor October 8, 2003. Filed with
Secretary of Srate October 9, 2003.]
LEGISLATIVE COUNSEL'S DIGEST
SB 566, Scott. Transactions and use tax: maximum allowable rate.
Existing law authorizes various local governmental entities, subject
to certain limitations and approval requirements, to levy transactions
and use taxes in accordance with the procedures and requirements set
forth in the Transactions and Use Tax Law.
Existing law provides that the combined rate of all transactions and
use taxes imposed in accordance with that law, in any county, may not
exceed 1.5%, except in the County of San Mateo and the City and
County of San Francisco.
This bill would authorize any city to levy, increase, or extend a
transactions and use tax in accordance with the Transactions and Use Tax
Law. This bill would provide that the combined rate of transactions and
use taxes in any county may not exceed 2%. This bill would make
conforming changes to related provisions.
The people of the State of California do enacd as follows:
SECTION 1. Section 725 t.l of the Revenue and Taxation Code is
amended to read:
7251.1. The combined rate of all taxes imposed in accordance with
this part in any county may not exceed 2 percent. No tax shall be
considered to be in accordance with this part if, upon its adoption, the
combined rate in the county will exceed 2 percent.
SEC. 2. Section 7251.3 of the Revenue and Taxation Code is
repealed.
SEC. 3. Section 7251.4 of the Revenue and Taxation Code is
repealed.
SEC. 4. Section 7285 of the Revenue and Taxation Code is amended
to read:
94
Ch. 709 - 2 -
7285. The board of supervisors of any county may levy, increase, or
extend a transactions and use tax for general purposes at a rate of 0.25
percent or a multiple thereof, if the ordinance proposing that tax is
approved by atwo-thirds vote of all members of the boazd of supervisors
and the tax is approved by a majority vote of the qualified voters of the
county voting in an election on the issue. The board of supervisors may
levy, increase, or extend more than one transaction and use tax under this
section, if the adoption of each tax is in the manner prescribed in this
section. The transactions and use tax shall conform to Part 1.6
commencing with Section 7251).
SEC. 5. Section 7285.5 of the Revenue and Taxation Code is
amended to read:
7285.5. As an alternative to the procedure set forth in Section 7285,
the boazd of supervisors of any county may levy, increase, or extend a
transactions and use tax for specific purposes. The tax may be levied,
increased, or extended at a rate of 0.25 percent, or a multiple thereof, for
the purpose for which it is established, if all of the following
requirements are met:
a) The ordinance proposing that tax is approved by atwo-thirds vote
of all members of the boazd of supervisors and is subsequently approved
by atwo-thirds vote of the qualified voters of the county voting in an
election on the issue.
b) The transactions and use tax conforms to the Transactions and Use
Tax Law Part 1.6 (commencing with Section 7251).
c) The ordinance includes an expenditure plan describing the
specific projects far which the revenues from the tax may be expended.
SEC. 6. Chapter 2.3 (commencing with Section 7285.9) is added to
Part 1.7 of Division 2 of the Revenue and Taxation Code, to read:
CHAPTER 2.3. CITIES TRANSACTIONS AND USE TAXES
7285.9. The governing body of any city may levy, increase, or
extend a transactions and use tax for general purposes at a rate of 0.25
percent or a multiple thereof, if the ordinance proposing that tax is
approved by atwo-thirds vote of all members of that governing body and
the tax is approved by a majority vote of the qualified voters of the city
voting in an election on the issue. The governing body may levy,
increase, or extend more than one transaction and use tax under this
section, if the adoption of each tax is in the manner prescribed in this
section. The transactions and use tax shall conform to Part 1.6
commencing with Section 7251).
7285.91. As an alternative to the procedure set forth in Section
7285.9, the governing body of any city may levy, increase, or extend a
94
3 - Ch. 709
transactions and use tax for specific purposes. The tax may be levied,
increased, or extended at a rate of 0.25 percent, or a multiple thereof, for
the purpose for which it is established, if all of the following
requirements are met:
a) The ordinance proposing that tax is approved by atwo-thirds vote
of all members of the governing body and is subsequently approved by
atwo-thirds vote of the qualified voters of the city voting in an election
on the issue.
b) The transactions and use tax confomu to the Transactions and Use
Tax Law Part 1.6 (commencing with Section 7251).
c) The ordinance includes an expenditure plan describing the
specific projects for which the revenues from the tax may be expended.
7285.92. The authority of a city to impose transactions and use taxes
under this chapter is in addition to any authority to impose these taxes
contained in Chapters 2.6 (commencing with Section 7286.20) to 2.99
commencing with Section 7286.80), inclusive, of this part. The
authority of a city to impose transactions and use taxes under any
provision of law is subject to the rate limitation specified in Section
7251.1.
O
94
a,7'ACHPa1Etia ~, _®v
STATE OF CALIFORNIA
STATE BOARD OF EQUALIZATION
LOCAL REVENUE ALLOCATION SECTION
CAROLE MIGDEN
First Dismct, San Frandsco
450 N STREET, SACRAMENTO, CALIFORNIA
PO BOX 942879, SACRAMENTO, CALIFORNIA 94279-0027
BILL LEONARD
Sewntl District, Onlano
TELEPHONE (918) 324-3000
FAX (91 fi) 324-3001
CLAUDE PARRISH
ThiM Dlstnc( Lone Beach
www.boe.ca.9ov
JOHN CHIrWG
October 24, 2003 Fouts District, Los Angeles
STEVE WESTLV
CITY OF UKIAH
Stata Controller, Sacramento
CITY MANAGER
300 SEMINARY AVE Interim Executive D~ecEor
UKIAH CA 95482
23033
SB 566 AUTHORIZES CITIES TO IMPOSE
TRANSACTIONS AND USE (DISTRICT) TAXES
Senate Bi11566 adding sections 7285.9 and 7285.91 to the Revenue and Taxation Code will become
effective on Januazy 1, 2004.
Section 7285.9 authorizes cities to impose a general purpose transactions and use tax at a rate of 0.25%
or increments thereof with the approval of a majority of the voters voting on the issue.
Section 7285.91 authorizes cities to impose a special puroose transactions and use tax at a rate of
0.25% or increments thereof with the approval of a 2/3 majority of the voters voting on the issue.
The Local Revenue Allocation Section is responsible for the preparatory functions leading to a locally
imposed tax being placed on the ballot. Accordingly, if your city is contemplating imposing a district
tax, or if you have questions regarding SB 566, please contact Cleveland Turner at (916) 324-1386 or
Debby Nelson at (916) 324-1334 to discuss the steps to be taken before the election date.
Thank you for your cooperation.
Sincerely,
L.D. Micheli, Supervisor
Local Revenue Allocation Section
LDM/DGN
cc: District Administrators
I lti'~CNi.1E?1 ~,~
PROPOSED AMENDMENTS 6-16-03
BOS AGREEMENT # 96-156
JOINT EXERCISE OF POWERS AGREEMENT FOR THE
FORMATION AND IMPLEMENTATION OF THE
MENDOCINO COUNTY INLAND WATGER AND POWER
COMMISSION (COMMISSION)
THIS JOINT EXERCISE OF POWERS AGREEMENT, is made and
entered into by and between the following Public Agencies within
the State of California, that is, Mendocino County Water Agency,
Water Agency), Mendocino County Russian River Flood Control &
Water Conservation Improvement District (Flood Control), Redwood
Valley County Water District (Redwood), the Potter Valley
Irrigation District (PVID), and City of Ukiah (Ukiah). The
foregoing parties are collectively referred to herein as "the
Signatories".
RECITALS: This Agreement is made with reference to the
following facts:
A. WHEREAS, the Russian River and its tributaries are
valuable resources vital to economic development, environmental
quality and general well being of the signatories and their
constituents.
B. WHEREAS, the Eel River diversions into the Russian
River Watershed are absolutely vital to that economic development,
environmental quality and general well being;
C. WHEREAS, the signatories recognize that a united
voice is required of all of the signatories when it comes to issues
relating to (1) the continued Eel River Diversion; and (2) the
viability of the PG&E Potter Valley Project; and (3) the potential
sale by Pacific Gas & Electric (PG&E) of the Potter Valley Project;
and (4) to conduct negotiations and enter into agreements with
agencies and entities located outside Mendocino County and with the
State and Federal Government respecting Eel River and Russian River
waters.
D. WHEREAS, this Commission will require financial
resources to pay the costs of administration thereof and the cost
of acquisition of water works, power works and related assets, as
may from time to time become necessary.
E. WHEREAS, Title I, Division 7, Chapter 5 (commencing
with Section 6500) of the Government Code of the State of
California authorizes the joint exercise by agreement of two or
more public agencies of any power common to them.
F. WHEREAS, pursuant to Section 25680 et seq. of the
Government Code, the parties hereto possess in common the power to
study, discuss, formulate and recommend policies, action plans, and
procedures for (1) the acquisition of water works and power plants
and related assets and rights; and (2) to undertake any act
necessary for preservation of the continued Eel River diversion
into the Russian River watershed; and (3) to undertake any act
necessary for the maintenance of the viability of the PG&E Potter
Valley Project; and (4) to purchase or otherwise acquire the same;
and (5) to conduct negotiations and enter agreements with persons,
agencies and entities located outside of Mendocino County and with
State and Federal Governmental agencies respecting Eel River and
Russian River Waters.
2
G. WHEREAS, the parties hereto recognize that the
exigencies of the problems in this area and within their respective
jurisdictions require that they ~ unify and coordinate their
efforts in solving said problems by entering into this agreement to
provide for the joint exercise of their said powers in aiding and
assisting in (1) the acquisition of water works and power plants and
related assets and rights; and (2) to undertake any act necessary for
preservation of the continued Eel River diversion into the Russian
River watershed; and (3) to undertake any act necessary for the
maintenance of the viability of the PG&E Potter Valley Project; and
4) to purchase or otherwise acquire the same; and (5) to conduct
negotiations and enter agreements with persons, agencies and
entities located outside of Mendocino County and with State and
Federal Governmental agencies respecting, Eel River and Russian River
Waters; and (6) to formally establish a joint powers agreement to
formulate, implement and execute such a plan, and to officially
establish and structure the Board of Directors of said Joint Powers
Agency;
NOW, THEREFORE, in consideration of the mutual benefits,
covenants and agreements set forth herein, the parties hereto agree
as follows;
ARTICLE I - AUTHORITY
SECTION 1.01. Legal Authority. This Joint Exercise of
Powers Agreement is made under the authority of Title I, Division
7, Chapter 5 (commencing with Section 6500) of the Government Code
of the State of California.
3
ARTICLE II - DEFINITIONS
SECTION 2.01. General. Unless the context otherwise
requires, the words and terms defined in this Article II shall, for
the purposes hereof, have the meaning specified below;
SECTION 2.02. Act. "Act" means Title I, Division 7,
Chapter 5 (commencing with Section 6500) of the Government Code of
the State of California.
SECTION 2.03. Commission. "Commission" means the
Mendocino Inland Water and Power Commission created pursuant to
this agreement.
SECTION 2.04, Fiscal Year. "Fiscal Year" means the
period from July 1 to and including the following June 30.
SECTION 2.05. Board of Directors. "Board of Directors"
means the governing board of the Commission established pursuant to
this agreement.
SECTION 2.06. State. "State" means the State of
California.
SECTION 2.07. Administrative Expense. "Administrative
Expense" means those sums of money required to be expended by the
Commission from an administrative expense fund, to be established
and maintained by the Commission, to finance those costs of
administering this agreement and for carrying out the powers and
functions authorized in this agreement, which is not payable from
the proceeds of either State or Federal grants.
SECTION 2.08. Member. "Member" means a member of the
Board of Directors of the Commission and includes an alternate
4
member.
SECTION 2.09. Eel River and Russian River Waters. "Eel
River and Russian River Waters" means any water originating in, or
g flowing through the territory of this commission in the Eel
River 9~ or Russian River watersheds.
SECTION 2.10. Potter Valley Project. "Potter Valley
Project" means all of the real and personal property and other
assets and works operated by Pacific Gas & Electric Company in
connection with Federal Energy Regulatory Commission, Project No.
77.
SECTION 2.11. NEW WATER. "New Water" means the
development of additional water for appropriation either by
diverting or storing water not already subject to a valid water
right.
SECTION 2.12 MEMBER AGENCY. `\Member Agency" means an
Agency which has signed and become a party to this Agreement.
SECTION 2.13 SURPLUS FUNDS. "Surplus funds" means
funds of the Commission which are not needed for its current
operations (existing monthly expenses or expenses it will incur
within ninety [90] days), to satisfy short tem debt (debts due and
payable within ninety [90] days), or obligated under the terms of
project specific participation agreements as authorized by Section
6.02(A)(5) or other valid agreements of the Commission.
m,~I~m o~~I-~m nc nrrC TT \\D:.. L\fi ..F F:.-..~
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1-L.•L F..... a~Y. C....• /h7 ;ri G\ /r 1
JTELTISa
r\ /C\ mL... n.. «....:1.~t1 1. -..... ~L... .+l v e ~t to l••zrT-ro-/-srx~--cvz~a¢x 3o iv rQ zvFi s z g zz a.PP xY
5
SECTION 2.3314. GENDER: Where the masculine gender is
used in this document it shall be interpreted as referring to both
masculine and feminine gender.
ARTICLE III - PURPOSE
SECTION 3.01. Purpose. It is the purpose of this
agreement to provide a united, coordinated, orderly, positive and
more effective means for the following purposes: (1) the
acquisition of water works and power plant and related assets and
rights; and (2) to undertake any act necessary for preservation of
the continued Eel River diversions into the Russian River
watershed; and (3) to undertake any act necessary for the
maintenance of the viability of the PG&E Potter Valley Project; and
4) to purchase or otherwise acquire the same; and (5) to conduct
negotiations and enter agreements with persons, agencies and
entities located outside of Mendocino County and with State and
Federal Governmental agencies respecting Eel River and Russian
River Waters; and (6) to create sinking funds, and; (7) to raise
7
wages, fees and other compensation of such planning, engineering,
legal, financial, or other technical and professional personnel,
consultants, and other employees of the Commission.
SECTION 5.07. Non-Civil Service. Nothing herein contained
shall be construed as making the Commission a department of any
party to this agreement or as placing any of the officers, counsel,
personnel, or employees of the Commission under any other form of
specially protected employment right or status.
CLE VI - POWERS
SECTION 6.01. Subject to the limitations on the
Commissions powers set forth in Section 7.01 of this agreement, the
Commission is hereby authorized, in its own name, to do all acts
necessary for the exercise of the foregoing powers to accomplish the
purposes of this agreement including, but not limited to, any
Or all of the following:
A. As provided in the Act, the Commission shall be a public
entity separate from the parties hereto. The Commission
shall have the power to aid and assist in the formulation,
administration and implementation of:
1) to acquire water works and power plants and related
assets and rights;
2) to undertake any act necessary for the preservation of
the continued Eel River diversion into the Russian River
watershed;
3) to undertake any act necessary for the maintenance of the
viability of the PG&E Potter Valley Project;
15
9) to purchase or otherwise acquire the same;
5) to conduct negotiations and enter agreements
with persons; agencies and entities located outside of Mendocino
County and with State and Federal Governmental agencies respecting
Eel River and Russian River Waters;
6) to develop other sources of water for the
benefit of the commission's constituents either alone or in
conjunction with other agencies;
7) to raise the funds necessary to support the
administration o£ the Commission and the purpose of this agreement
by (a) imposing taxes, (b) incurring bonded indebtedness and
issuing bonds, (c) by levying benefits of assessment, (d) by
imposing user Fees, and (e) by securing grants and loans from
government agencies and others;
8) to establish appropriate operation and advisory
Committees to conduct public hearings, to assist the Commission in
carrying out the purposes of the Commission, and to assist the
Commission in the implementation of projects and programs to carry
out the purposes of the Commission; and
9) to further administer, coordinate, promote,
carry out and implement the purposes of this agreement as referred
to in Section 3.01 of Article III hereof.
B. To make and enter into contracts;
C. To employ agents, employees, consultants, and
independent contractors;
D. To acquire, hold or dispose of real, personal and
16
Memorandum to City Council
Subject: Proposed changes to IWPC JPA
Date: September 25, 2003
ANALYSIS
The Right of First Refusal
dae 2
The "right of first refusal" essentially prevents any member agency' from applying for additional water rights
or to otherwise develop new water without giving the Commission the right to apply for that right or additional
water first. (See Section 2.14, proposed to be stricken.) The right of first refusal would not apply to a project
which a member agency undertook to investigate before the effective date of the JPA.
Under the right of first refusal, the member agency is required to present a proposed project to the
Commission. The submission must include the amount of water, the points of diversion and storage, the
dates of diversion and storage, a description of the physical improvements, an estimate of the cost, and a
schedule for making application and constructing the improvements. If within six months of the submissionZ
the Commission fails to notify the member agency that it will make the application and construct the
improvements, the member agency may pursue the project on its own. If the Commission provides the
required notice but subsequently fails to make application or construct the improvements in accordance with
the schedule, the member agency may pursue the project on its own.
Impact of Removing the Right of First Refusal
Removing the right of first refusal will not prevent the Commission from applying for water rights or pursuing
water development projects. It will allow member agencies to pursue such projects on their own without
being required to present them to the Commission first.
If the right of first refusal were removed from the JPA, the Commission would still have the power under
Article VI to acquire water works and power plants and related assets and rights, to undertake any act
necessary for the preservation of the continued Eel River diversion into the Russian River watershed, to
undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project, to
purchase or otherwise acquire same, to conduct negotiations and enter agreements, to develop other
sources of water along or with other agencies, and to raise funds by imposing taxes, incurring bonded
indebtedness, levying assessments, imposing user fees or securing grants and loans.
Under Section 6.02A, the member agencies still may delegate to the Commission the right to act on behalf
of any or all of them to negotiate for or otherwise acquire the Potter Valley Project, to undertake any act to
preserve the continued Eel River diversion into the Russian River, and to apply for and otherwise develop
water and water rights. However, under Section 6.02A as it currently reads, before the Commission can
undertake such a project, there must be a participation agreement among those member agencies
Mendocino County, Potter Valley Irrigation District, Redwood Valley County Water District, the
Flood Control District, and the City of Ukiah
ZOr a shorter time, if the member agency demonstrates that a shorter response time is necessary
to maintain its proposed schedule
ITEM NO. 9e
DATE: November 5. 2003
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF THE RAILROAD DEPOT POCKET PARK PLAN
While Perkins Street has experienced significant improvement in the past few years, the depot
site and surrounding railroad property has remained undeveloped and in need of maintenance.
The current proposal is for the City to install street trees along the Perkins Street frontage and
construct a small pocket park on the triangular piece east of the railroad tracks, between Perkins
Street and Gibson Creek. With direction from the City Council, Staff has secured an agreement
with the North Coast Railroad Authority (NCRA) to develop the park.
Since the initial discussion with Council, Staff has revised the conceptual landscape plan forthe
site (Attachment #1) to include several trees of various species, landscape pockets featuring a
variety of colorful low maintenance plants and a stamped and colored asphalt walking path. A
large portion of the area will be planted with groundcover to provide passive greenspace and
mounded to provide increased screening of the interior depot property. Tree species such as
Hackberry, Red Maple, American Sweetgum, Scarlet Oak, and Black Locust are recommended
as they will provide substantial shade with a mix of seasonal color. Other park amenities include
six benches and an information signboard.
Continued on Pape 2)
RECOMMENDED ACTION: Approve The Railroad Depot Pocket Park Plan
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine the Railroad Depot Pocket Park is inappropriate at this time and do not move
to approve the plan.
2. Determine Railroad Depot Pocket Park plan requires revision and provide staff with
additional direction.
Citizen Advised: N/A
Requested by: City Manager
Prepared by: Sage Sangiacomo, Community Services Supervisor
Coordinated with: Candace Horsley, City Manager, Larry W. DeKnoblough, Community
Services Director and Brian Keefer, Associate Planner I
Attachments: 1. Proposed Depot Park Plan
APPROVED: ~
Candace Horsley, Cit Manager
SLS/HD/ASR
DepotPa rkbudgetamen dment.asr