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HomeMy WebLinkAbout2008-11-05 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 5, 2008 6:00 p.m. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of 10/15/08 b. Regular Minutes of 10/17/07 c. Regular Minutes of 11/7/07 6. 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. 7. 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. Notification of Purchase of Two Digital Radios in the Amount of $6,495.18 to Motorola, Inc. b. Rejection of Claim for Damages Received from Scott Nicoll and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Progress Report on Purchase of Fire Department Ladder Truck d. Report to Council of the Expenditure of $7,434.41 to Power Monitors Inc., c/o Honn Company for the Purchase of Two Meter Recorders for the Electric Meters Division of the Public Utilities Department e. Report of the Acquisition of Professional Services from Winzler & Kelly in the Amount of $9,650 for Permit Application Assistance for the 2002 STIP Gobbi Street/Oak Manor Drive/Babcock Lane Intersection Realignment Project f. Designation of Applicant's Agent Resolution for Office of Emergency Services (OES) g. Award of Bid to Summerwood Products in the Amount of $9,236.87 for Replacement of an Announcers Booth at Riverside Park that was Damaged Beyond Repair During the 2005/2006 New Year's Flood as Approved by FEMA. 8. 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. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Report and Approval of Criteria for Establishing Insurance Limits for Encroachment Permits and Construction Contracts b. Receive and Consider Skate Park Committee's Request to Explore Low Gap Regional Park as Site for Ukiah's First Skate Park c. Discussion and Possible Action on Scope of City's Authority to Regulate How Mobile Home Parks Served Through a Master Water Meter Charge Tenants for Water and Sewer Service d. Electric Utility Report on Energy Efficiency Through the Public Benefits Program e. Approve Amendment 1 to the Professional Services Agreement between Efficiency Services Group, LLC and the City of Ukiah and Authorize the City Manager to Approve Up to Two Yearly Contract Extensions f. Discussion and Possible Action on Items Remaining from the September 17, 2008 Joint Meeting between the Ukiah Valley Sanitation District Board and the Ukiah City Council 11. NEW BUSINESS a. Approve Relocation of CALSTAR Operations to Hangar 9 Pending Approval of Use Permit to Comply with CalTrans Aeronautics Division Finding that Current Location is Unsafe for CALSTAR's Current Operation; Authorize City Manager to Approve CALSTAR's Lease 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION -Closed Session may be held at any time during the meeting 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 31st day of October, 2008. Linda C. Brown, City Clerk ITEM NO.: Urgency Item MEETING DATE: AGENDA SUMMARY REPORT November 5, 2008 SUBJECT: APPROVAL OF THE CHANGE ORDER FOR FEMA FUNDED MUSEUM GALLERY REPAIR WORK IN THE AMOUNT OF $9,688 FOR REPLACEMENT OF CEILING DRYWALL AND AUTHORIZATION TO ALLOW CITY MANAGER TO APPROVE FURTHER CHANGE ORDERS, IF DETERMINED TO BE REASONABLE, WITH A CUMULATIVE TOTAL NOT TO EXCEED $6,500 OR 10% OF ORIGINAL BID. Background & Discussion: Since the Council's Oct. 1, 2008 Award of Contract for the Grace Hudson Museum Gallery and Roof Repair work (necessitated by damages stemming from the 2005/2008 New Year's flood as approved by FEMA) City staff, along with Thomas Hise, AIA, Project Engineer, and Cupples & Sons Construction, Inc., the Project's General Contractor, have been proceeding within the approved scope of work. As detailed by this scope of work, Museum staff has cleared out the three back galleries of all Museum artwork, baskets and artifacts, placing these treasures in the on-site storage vaults; the Museum's suspended multi-track lighting grid has been dismantled and removed; and all ceiling mounted hardware, HVAC vent panels, loudspeakers, etc. have been taken down. Only after these preparatory tasks had been completed could the gallery's walls and ceiling be safely repaired. ommended Action(s): 1. Approve the Change Order for Additional Repairs in the Museum's Hart Gallery ceiling in the amount of $9,688. 2. Authorize the City Manager to approve additional change orders, if determined by Project Engineer and City Staff to be necessary, with cumulative totals not to exceed $6,500 or 10% of original bid. rnative Council Option(s): 1. Reject the proposed Change Order and charge Project Engineer and City Staff to find another solution for repair of the Museum's Hart Gallery ceiling. 2. Do not authorize the City Manager to approve additional change orders with cumulative totals less than $6,500, but require Project Engineer and City Staff to bring any new change orders to City Council for review and approval. Gmzens atlvisetl: N/A Requested by: N/A Prepared by: Sherrie Smith- Ferri, Museum Director, and Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager and Sage Sangiacomo, Community Services Director Attachments: 1. Hise Letter 2. Carson Letter 3. Cupples Construction Proposed Change Order Approved: !' ~ ~ alt- ~ ~.~ J Chambers, City Manager Subject: Museum FEMA Project 115 Meeting Date: November 5, 2008 Page 2 of 2 At this point, as required by the project specifications, the Contractor provided 2' x 2' inspection holes at various points in the gallery's walls and ceiling, as determined by the Project Engineer, to assess moisture damage to the sheetrock. In addition, an independent drywall consultant, Brad Carson, was brought in to examine the sheetrock panel butt joints and the drywall mud and tape used in the original Level 4 smooth wall finish of the gallery to assess the extent of the moisture damage and what steps should be taken to ensure the restoration of this Level 4 smooth wall finish. In this consultant's opinion, and in accordance with the Project Engineer's professional experience (see Attachments 1 & 2), the extent of the moisture damage was such that the restoration of the Level 4 smooth wall finish could not be achieved by merely putting "a drywall skim coat over entire gallery, including ceiling and walls," as called for in the City of Ukiah's Addendum No. 1 of Spec. No. 08-13 for the "Interior Finishes" schedule for "Repairs to the Grace Hudson Museum". Instead, the old sheetrock panels from the gallery's ceiling need to be removed, new sheetrock panels need to be hung, the new joints taped, and then the whole ceiling needs to be skim coated to a Level 4 smooth wall finish. A change order was thus issued by the General Contractor in the amount of $9,688 to cover the additional costs necessitated by the proposed new work (see Attachment 3). Since this amount exceeds the contingency threshold (i.e, 10% of the Project Award's costs or $5,000, whichever is greater), City Council approval is legally required to proceed. This item is coming before the Council for approval on an Emergency basis, so as not to slow down the Contractor's progress towards completion of the project. The proposed change falls within the scope of work already approved for FEMA reimbursement, since it will merely return the ceiling of the gallery to its former state of a Level 4 smooth wall finish. Staff has been in communication with our state representative from the Office of Emergency Services and a letter requesting a time extension for this project has been submitted and approval for this request is expected. In addition, we are asking for City Council authorization to allow the City Manager to approve possible future project change orders, not to exceed a cumulative total of $6,500 (10% of the original bid award), as they might arise in the course of continuing work. Legally, Council approval would be required for any additional change orders in this project, no matter how small, since the 10% threshold has already been exceeded with the ceiling drywall work change order. This would free City staff, the project's General Contractor, and the Project Engineer from having to wait for City Council approval for any reasonable future change orders, therefore not holding up the project completion schedule. Staff recommends the approval of both requested actions. The change order, if approved, will be charged to the Grace Hudson Museum's 100.6150.250.000 (FEMA 115) account and coded for FEMA reimbursement. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Amount Budoeted Source of Funds (title and #) Account Number Addtl. Aoorooriation Requested FEMA 115 100.615p.250.000 $9,688 Attachment 1 T H O M A S H I S E A I A A R C H I T EC T/ B U I L D E R - DATE: November 3, 2008 PROJECT: Grace Hudson Museum Storm Damage Repairs 431 S. Main Street Ukiah, CA' 95482 ATTN: Sherrie Smith-Ferri Museum Director SUBJECT: Hart Gallery Drywall Repairs FROM: Thomas Hise AIA PAGES: One (1) including this cover sheet. Dear Sherrie Smith-Ferri, After a careful review of the moisture damage to'the Hart Gallery, and my on-site discussions with the Drywall Contractor and his industry consultant, Brad Carson of Westpac Materials, in my opinion, removing and replacing the entire Ceiling, is the only reasonable way to successfully restore the ceiling tp it's pre-storm damage condition. Accordingly I requested that the Contractor prepare a cost estimate for this option. This additional work and associated cost should be recoverable from FEMA. Sincerely, ~, Thomas Hise AIA Architect .707 / 744-1921 1241 E1 Dorado Road Ukiah CA 95482 CA License No. C14042 B369767 email: hiseaia@pacific. net •70V-03-00 07:3© Frum~VFSTPRC r~IFfTERIF7.5 719bJ ryl:1J3 Attachment 2 Westpoc Materials Uctobtt 31, 2008 Mr. erad Mox~ Brad Moss Arywall Ukiah, CA Subject, Grace I~Iudson Museum Ukiah, CA, Ikar Hrad, To:7074851986 l' '-'1 With reference to our meeting regarding the subject matter, the drywall joint deformation and tx~rrd failuro of joint reinforcement on the walls and cei lint,~s on thin project is the result of long term humidity exposure. The plan, dcvcloped at the meeting, imolvir>S increased attic ventilation end the addition of expansion beads to the irterior surfatxs will reduce the likelihood of recurrence of these arsmetie iasuea. Considering flu; amoutri of drywal{ that has already been removed around the perimeter of the ceiling sod the amount of labor involved .in repairing the deforuted joints, 1 canatt with your analysis. To produce the best finished product, alt the Ceiling gypsum wallboard should be removed and installed cttncclly with expansionjnints, Special attention should lx provided to job conditions during the ttsCOnstruction and to minimizingjoint build-up nn'butt-joints' when refinishing the new ceiling. If you require any furth~Y acsistancc, please do trot hesitate to onntad me. Regards, S/L Pr/ ~ad ~ n Q _ AC,/Id 741 West Mee[s Avcnua Oron9e, Culiforni0 97665 Phone.' (lta/ 974.6677 Toll Free: (86679/4-68.17 faX: (7141 63 7-90.13 Attachment 3 C~ppLES 8r SONS' CONSTRUCTION, INC. 221 Olive Lane, Suite O Ukiah, CA 86482 PHONE (707)467-0674 FAX (707)467-0646 10!30/2008 Project: Grace Hudson Museum Storm Damage Repair 431 South Main Street UKIAH, CA 95482 PCO fW3: Remove and Dispose of Damaged Drywall On Entire Ceiling Area In The Hart Gallery. Replace Drywall And Finish To A Level 4 Smooth Wall With a Skim Coat Per Specification No. 18-13, September 2008, Consistent With The Ceiling Finish Prior To The Storm Damage Material and Labor Tsai Material - sheetrock, tape and mud $652 Labor $11,381 Equipment $0 Handling & Delivery Charge inc Sales Tax inc Total Material 8 Labor Contractor Mark Up (10%) 512,033 51,203 Credit For Base Contract Work In Hart Gallery~.,.~ Contractor Mark Up (5%) S 461 Total PCO #3 Extra 59,688 Cupples & Sons Construction CITY OF UKIAH 5a CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 15, 2008 6:00 p.m. ROLL CALL Ukiah City Council met at a Regular Meeting on October 15; 2008, the notice for which being legally noticed on October 10, 2008. Mayor Crane called the meeting to order at 6:04 pm. Roll was taken with the following Councilmembers present: Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Councilmembers absent: None. City Treasurer present: Carter. Staff present: City Manager Chambers, City Attorney Rapport, Electric Utility Director Grandi, Director of Finance Elton, Finance Controller Newell, Director of Public Works/City Engineer Eriksen, Deputy Director of Public Works/City Engineer Seanor, Director of Community and General Services Sangiacomo, Director of the Grace Hudson Museum Smith-Fepri, and'Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE6:05:03 PM 3. PROCLAMATIONS/INTRODUCTIf3N3iPRESENTATION$6:06:01 PM a. Proclamation Declaring Storm Watie Mayor Crane read the Proclamation received the Proclamation. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTESG:12:04 PM a. Regular Minutes of 10/03107 b. Regular Minutes of 9/19/0 c. Regi~Iar Minutes 16/1/08 ess Week, October 20-26, 2008. Director of Public Works Seanor 'MIS Rodin/McCowen to approve the Regular Minutes of 9/19/07 as submitted and the Regular Minutes of 1:0!3/07 with the following corrections: page 6, item 12, paragraph 1 add °Brock" before Dolan, add "Valley" after Potter and 10/1/08 with the following correction: page 1, item 3b correct spelling of Tawny Bailey and page 2 item 10a correct spelling of Ian Caliendo. Motion carried by an all AYES voice vote of the members present. 6. RIGHT TO APPEAL DECISION6:14:10 PM CONSENT CALENDAR 6:14:37 PM Councilmember Rodin requested 7n, Councilmember Baldwin requested 7e, and a member of the public, Don Larson, requested 7j to be withdrawn from the consent calendar. M/S McCowen/Baldwin to approve the Consent Calendar items 7a through 7d, 7f-i, 7k- 7m, and 70: Report of Disbursements for the Month of September 2008 CC 10/IS/OS Page I of 7 b. Rejection of Claim for Damages Received from James Morgan and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Award Purchase of Fluke T140ft-20 Thermal Imaging Camera to Horizon for the Amount of $12,920.77 for Detection of "Hot Spots" in Wastewater Treatment Plant Electrical and Mechanical Equipment d. Reject Bid for 115KV Radial Feed Transmission Line Pole Replacement e. .~mrna-Aq~~~ I f T T ~~ \/~ 1 ...~..F.. n {he !`"1....f I IL'~L. ~n MOVED to New Business 11.h f. Report Expenditure for Emergency Purchase of Sodium Hypochlorite Solution for the Wastewater Treatment Plant from Chem-Quip in the Amount of $5, 963.00 g. Request for Budget Amendment in the Amount of $26,850 for Professional Services Contracts with RFS Utility Consulting Prevjously Approved by the City Council for Services Supporting the Ukiah Electric Utility. Department with the North American Electric Reliability Corporation Reliability's Standards Compliance h. Award of Bid for Purchase of 3000 Gallons of Aluminum Chlorhydrate to Sterling Water Tech of Columbia, TN @ $4.74 /Gallon for an Approximate Total Amount of $14,220.00, Plus Tax i. Award Purchase of Liquid Po{ymer Alkyjamine to Ashland, Inc. at the Unit Price of $0.93 per Pound for an Approximate TbtalrAmount of $55,800 plus Tax MOVED to New Business 11.1 k. Adoption of Resolution Removing Vin-Street Parking and Establishing Bus Loading Zones on Clara Avenue between Sidnie Street and Orchard Avenue I. Report to the City Council Regarding the Purchase of Two Autocad Workstations for the Electric UtifityDepartment in the Amount of $7,466.07 m. Award of Bid to Mike's Painting in the Amount of $9,600 for the Exterior Painting of the Observatory Park House and Office; Approval of Budget Amendment in the Amount of $17;600 Utilizing Funds from the Special Project Reserve Fund 699.260.007 Allocatedfor©bservatory Park Buildings for Painting ($9,600) and an Additional $8,000 for Windoix and Carpentry Materials & Supplies n: ` MOVED to New Business 11.j o. Award of Bid to Musco Sports Lighting, LLC for the Purchase of Field Lighting System for Anton Stadium in the Amount of $97,997.00 Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 623:18 PM 6:23:43 PM Jan Allegretti-CARE (Compassion for Animals, Respect for the Earth) Co- coordinator, requested changing the Ukiah City Code from owner to guardian when pertaining to animals. She submitted a packet with this information plus letters of support from Julie Knudsen, SNAP (Spay-Neuter Assistance Program) Board Member; Muhasibi Shalom, M.A. - L.M.F.T; and Heng Yin, Girls Division Principal of Instilling Goodness Elementary School/Developing Virtue Secondary School. 6:28:16 PM Katy Sommers, D.V.M., co-owner of Mendocino Animal Hospital, spoke in support of changing the Ukiah City Code in the above comment and provided a letter of support. cc ionvoa Pale 2 of 7 6:31:29 PM Sage Mountainfire, an individual, spoke in support of changing the Ukiah City Code in the above comment and provided a letter of support. 9. 11 Councilmember Rodin requested this topic be added to a future agenda. 6:32:48 PM Don Larson spoke on an article in the New York Times, October 6, 2008, Mailing Our Way to Solvency, regarding returning to the use of postal savings banks. He provided a copy of the article. PUBLIC HEARINGS (6:15 PM) NEW BUSINESS 6:35:59 PM d. Discussion and Possible Direction to the City Attorney Regarding Resale of Water and Sewer Utility Services Councilmember McCowen presented the item. Recommended Action: Discuss the issue and provide direction. Public Comment Opened 6:42 pm Public Speaking to the item: David "~Iner b:51:03 PM and Lisa Hillegas, Managing Attorney for Legal Services fore Northern California, is supportive of tightening up City Ordinances. Public Comment Closed' 7:04 pm By Consensus, City Council directed: City Attorney Rapport to research the City's authority to regulate how pass-tfirougtt costs are calculated and then billed to residents arld bring the item back'to a future meeting. Adoption of Resolution Removing On-Street Parking and Establishing Bus Loadirsg-Zones on'North Dora between Walnut Avenue and Grove Avenue (Was item 7j) Deputy Director of Public WorksfGity Engineer Seanor presented the item. Recommended Action: Adopt a resolution removing on-street parking and establishing bus loading zones along North Dora Street between Walnut Avenue and Grove Avenue. Public Comment Opened 7:09 pm Public Speaking in support of the item: Dan Baxter, Mendocino Transit support PubNc Speaking in opposition of the item: Don Larson. Public~Gomment Closed 7:19 pm M/S Rodin/Thomas to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin. and Mavor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 10. UNFINISHED BUSINESS a. Approve Electric Utility Revised Resource Adequacy Program and Authorize the City Manager the Authority to Execute Resource Adequacy Alternatives within the Pooling Agreement Structure 7:20:4() PM Electric Utility Director Grandi presented the item. Recommended Action: City Council adopt the replacement Resource Adequacy Program and authorize the cC loilsios Page 3 of 7 City Manager the authority to execute Resource Adequacy alternatives within the Pooling Agreement structure. M/S McCowen/Thomas to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. b. Request for City Council Approval of the Amended and Restated Northern California Power Agency Pooling Agreement, and Authorize the City Manager to Execute Agreement 7:28:03 YM Electric Utility Director Grandi presented the item. Recommended Action: City Council approve the amended and restated Northetn:California Power Agency Pooling Agreement, and authorize the City Manager to execute agreement. M/S Rodin/McCowen to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas; McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. c. Purchase of a Mini Push 2020 Portabfe TV lnspection System for Sewer Maintenance from Cues, Inc. per HGAC'Gontract # SC01-08 in the Amount of $9,985.14 and Authorize Budget Amendment for Same 7:32:07 PM Director of Public Works/Cit}+ Engineer Eriksen presented the item. Recommended Action: 1) Award purchase of Mini Push 2020 Portable TV Inspection system for Sewer Maintenance' o Cues, Inc. per HGAC Contract # SC01-08 in the amount of $9,985.14; 2) Authorize budget amendment for same using funds from Fund 612 City/District Sewer Operations Fund Balance. MIS Baldwin/Thomas to approve the Recommended Action. Motion carried by the following. roll cell vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and-Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. d. Authorize Execution of Amendment to Professional Services Agreement with Winzler & Kelly in an Amount Not to Exceed $45,000 for Engineering Services for a Right Turn Lane on Perkins Street at Orchard Avenue 7:35:07 PM Director of Public Works/City Engineer Eriksen presented the item. Recommended Action: Authorize execution of amendment to professional services agreement with Winzler & Kelly in an amount not to exceed $45,000 for engineering services for a right turn lane on Perkins Street at Orchard Avenue. M/S McCowen/Baldwin to approve the Recommended Action. Motion carried by the following roll calf vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS a. Report on the Fact Act (2003) and the Plan for Implementation 7:41:37 PM Finance Controller Newell presented the item. Recommended Action: Receive and file the report of implementation of the Fact Act. CC 10/15/08 Page 4 of 7 By Consensus, City Council received the report. b. Consideration and Adoption of Revisions to the Investment Policy of the City of Ukiah 7:46:78 PM Finance Director Elton presented the item. Recommended Action: Adopt the revised statement of investment policy as recommended by the Investment Oversight Committee. M/S RodinlMcCowen to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. c. Council Review and Discussion of Potentiab impacts of California State Legislation, A632 (California Global Warming Solutions Act of 2006) and S6375, Related to Greenhouse Gas Emissions and Local Land Use Authority 7:52:09 PM Mayor Crane presented the item. Recommended Action: Discuss potential impacts of legislation and provide any policy direction. By Consensus, City Council directed staff to do further research and report back in the early part of 2009 with ideas on how the City might move forward collectively with fellow cities and`within the region; how to address the issue as an economic development issue, and'educating the business community. Recessed at 8:46 pm Reconvened at 8:56 pm e. Adoption of Resolution Authorizing Examination of Sales and Use Tax Records 8`.36:17 PM Gity Manager Chambers presented the item. Recommended Action: Adopt ResolutitsrtAuthorizing the Examination of Sales and Use Tax Records by Authorized Representatives of the City. M/S McCowenlThomas to approve the Recommended Action. Motion carried by the following toll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwih, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None: Award of Bid to Roberts Mechanical and Electrical, Inc. in the Amount of $50,698 for the Purchase of High Efficiency Heating and Air Conditioning Units for the Grace Hudson Museum and Approval of a Corresponding Budget Amendment 8:57:16 PM Director of Community and General Services Sangiacomo presented the item. Recommended Action: Approval of award of bid to Roberts Mechanical and Electrical, Inc. in the amount of $50,698 for the purchase of high efficiency heating and air conditioning units and approval of a corresponding budget amendment in the amount of $39,220 using funds from the Public Benefits Fund 806, Energy Conservation Account. CC 10/15/OS Paee 5 of 7 MIS McCowenlBaldwin to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. Award Agreement for Tree Trimming at Various Locations in the City of Ukiah to Asplundh Tree Expert Company in the Amount Not to Exceed $150,000 for the Fiscal Year 2008/2009 9:00:32 PM (Was item 7e) Electric Utility Director Grandi presented the item. Recommended Action: Award Agreement for Tree Trimming at Various Locations in the City of Ukiah in the amount not to exceed $150,000 for the fiscal year 2008/2009 to Asplundh Tree Expert Company. M/S Rodin/McCowen to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thom~S, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None.;4BSTAIN: None. Authorize City Manager to Negotiate and Execute Agreement for Concession Services at the Ukiafi Sports Complex (Was item 'in) Director of Community and General Services, Sangiacomo presented the item. Recommended Action: Authorize the City Manager to negotiate and execute the concession agreement for the Ukiah Sports Cbmplex. Public Comment Opened 4:13 pm Public Speaking to the item: Zia Poya, co-proprietor of The Pub. Public Comment Closed 9:1& pm M/S Rodin/Baldwin to approve the Recommended Action. Motion carried by the fok4owing rol{ calf vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, aril Mayor Crane. NOES: Nane. ABSENT: None. ABSTAIN: None. Adjourn as_C'rtyCouncil and convene as Ukiah Redevelopment Agency at 9:21 pm. Recessed to Closed Session forboth City Council and Ukiah Redevelopment Agency at 9:23 pm g. Adoption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit -Fire Unit Recommended Action: Adopt Resolution approving 2008-2010 Memorandum of Understanding for the Fire Unit. M/S Rodin/McCowen to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None 12. COUNCIL REPORTS 10:12 pm Councilmember Thomas reminded the Councilmembers the Arbor on Main Street is having their open house on October 22, 2008. Councilmember Rodin reported on her attendance to an informational meeting about the Mendocino County General Plan which gave an overview and update. CC ioiisios Page 6 of 7 Councilmember McCowen reported on a revenue sharing meeting held with Mendocino County and it is moving forward. The Board of Supervisors will be holding a workshop on Monday, October 20, 2008. Councilmember McCowen brought forward the City's insurance requirement concerns he has received from citizens. City Manager Chambers responded that staff is aware of recent concerns and this item will be coming back to the City Council for their review. Councilmember Baldwin reported on the Inland Water Power Commission meeting and provided a handout listing the Coyote Dam feasibility study expenditures. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers asked City Councilmembers to report to City Clerk Brown their availability to attend the October 29, 2008, Strategic Planning Meeting from 6:00 pm to 10:00 pm. 14. CLOSED SESSION -Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§54957.6) Agency Representative: Jane Chambers, City Manager Employee Organization: Fire Unit` Reconvened in Open Session at 70:10 pm; see item-ll.g for reportable action on item 14.a. 15. ADJOURNMENT There being no further business, the meeting adjourned at 14'17 pm. JoAnne M. Currie, Deputy City Clerk CC 10/15/08 Paae 7 of 7 CITY OF UKIAH 5b CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 17, 2007 6:00 p.m. 4:00 PM Joint Meeting with Ukiah Valley Sanitation District: Municipal Services Review ROLL CALL The Ukiah City Council met at a Regular Meeting on October 17, 2007, the notice for which being legally noticed on, October 12, 2007. Mayor Rodin called the meeting to order at 6:04:04 PM Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, Baldwin and Mayor Rodin. Absent: None. Staff present: City Manager Horsley, City Attorney Rapport, Planning and Building Director Stump, Building Inspector Willoughby, Fire Marshall Yates, Director of Community Services Sangiacomo, Airport Manager Richey, Purchasing Supervisor Horger, Purchasing Technician Thiele, Information Technology Supervisor Butler, IT Specialist Shaver, and City Clerk Brown. Consultants Present: Bob Wagner, Wagner & Bonsignore; Anthony Hansen, R. W. Beck; Emmett Jones, CPA. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Introduction of New Employee-Jarod Thiele. Purchasing Technician 6:05:45 PM Mary Horger introduced Jarod Thiele to the City Council. b. Introduction of New Employee -Scott Shaver, IT Technician 6:04:16 PM Steve Butler introduced Scott Shaver to the City Council. 4. PETITIONS AND COMMUNICATIONS None. 5. APPROVAL OF MINUTES None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR John Graff requested that items 7b, c, e, and g be removed from the Consent Calendar. M/S Crane/Thomas to approve Consent Calendar items 7a, d, and f; a. Report of Disbursements for the Month of September 2007 b. . Moved to 11 b. c. Moved to 11c d. Rejection of Claims for Damages Received from Roneisha Roberts and C.R. Christiansen for Insufficiency e. . Moved to 11d f. Award of Bid for Purchase of Mobile Computer Terminal Equipment from Williams USA, in the Amount Not to Exceed $80,334.00 and Authorize Budget Amendment 9 (_o ner~.l Ce..i no T. nLc ....IN I Ililih. D...Jien F... 4L.c Dn.Lc ~... rl (_ener'.I (_r.vcmmen4 Moved to 11e Motion carried by an all AYES voice vote. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Jim Mulheren offered his congratulations to the City on an excellent Pumpkin Fest event; but wanted to encourage the City to have smoke free events in the future. 6:10:03 PM John Graff, representing the Employers Council, spoke about policies and procedures concerning the future purchase of city vehicles and provided Council with a handout. City Manager Horsley noted that on Council's direction staff had put together a committee to work on some of the issues, which are almost finalized--having combined both city divisions, which she thinks will be efficient and effective and give the City good tools based on what the Council indicated they wanted to see. 9. PUBLIC HEARINGS (6:15 PM) a. Conduct Public Hearing on Urban Water Management Plan Uodate and Possible Adoption of Plan 6:13:43 PM City Attorney Rapport presented the item, and Bob Wagner of Wagner & Bonsignore was present to elaborate on his analysis flow data. RECOMMENDED ACTION: Conduct a public hearing and adopt the resolution (Attachment 5) adopting the revised update to the City's Urban Water Management Plan. Public Hearing Opened: 7:06:57 PM Cliff Paulin -Commented regarding the recoverable amount of ground water in the basin. Frank McMichael 7:11:29 PM provided written comment. Linda Sanders -7:16:39 PM provided written comment. Paul Zellman -provided written comment. 7:20:11 PM Ellen Falkner, Redwood Valley - 7:23:33 PM spoke to a conservation focus. 7:29:26 PM Barbara Spacek, Russian River Flood Control District, provided written comment. 7:31:37 PM Pinky Kushner provided written comment. 7:37:58 PM Ken Budroe, spoke to underflow and ground water terms. 7:38:33 PM Gary Akerstrom spoke to ground water, and stream flow. 7:45:05 PM Lee Howard spoke about riparian water rights and pumping. Public Hearing Closed: 7:52:54 PM M/S McCowen/Crane to continue this item to November 7, and that staff revise the draft Urban Water Management Plan to reflect the plan boundaries being consistent with the 1995 sphere of influence and make additional changes as based on our discussion and that in their judgment are warranted based on the public comment. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. Recessed: 8:36:00 PM Reconvened: 8:49:06 PM b. Adoption of the Building Codes and the Safety/Fire Code and Amendments Thereof. Building Inspector David Willoughby and Fire Marshall Yates presented the item. RECOMMENDED ACTIONS: 1) Introduce by title only the ordinance amending to portions of Division 3, Chapters 1 and 2 of the Ukiah City Code pertaining to Building; and 2) Introduce by title only the ordinance amending Division 6, Chapter 3, Articles 1 and 2 of the Ukiah City Code pertaining to Safety/Fire. M/S Crane/McCowen to introduce by title only; Opened Public Hearing: 8:57:52 PM Susan Knopf commented on lighting and dark sky issues. Dennis Slota also spoke to dark sky and lighting. Closed Public Hearing: 9:07:36 Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. The clerk read the titles to both ordinances. M/S Crane/McCowen to introduce the Ordinances. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None: ABSTAIN: None. 10. UNFINISHED BUSINESS b. Discussion and Pc $490,287; Authorize Citv Manager to Negotiate Contract: Authorize Budget Amendment for Same 9:13:31 PM City Manager Horsley introduced Anthony Hansen of R. W. Beck in the absence of Liz Kirkley. RECOMMENDED ACTION: Discussion and possible approval of R.W. Beck recommendations for Gobbi Substation Capacity Upgrade and Hydro Express Feeder (Phase II) as outlined in attached proposal (Attachment 1) in the amount of $490,287; Authorize City Manager to negotiate contract; Authorize budget amendment for same. M/S CranelMcCowen to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. a. Water Districts 9:22:46 PM City Attorney Rapport introduced the item. RECOMMENDED ACTION: Discuss and provide staff with direction. Public Comment Opened: 9:37:49 PM Speaking to the topic: Will Carson, Board Member of Millview Water District; Lee Howard; and Gary Akerstrom. Public Comment Closed: 9:46:31 PM By Consensus the City Council appointed Mayor Rodin and Councilmember McCowen as a subcommittee to meet with the State Water Resources Control Board and Millview and Willow water districts to discuss the two issues of place of use and point of diversion and continue this to a future meeting. c. Companies by Buyers 10:03:48 PM Attorney Rapport introduced the item and introduced Emmet Jones, CPA. RECOMMENDED ACTION: Receive status report, discuss, provide direction to the subcommittee and schedule an adjourned regular or special meeting to consider a subcommittee recommendation on the request. Emmett Jones, CPA, an outside consultant specializing in the waste collection field, indicated that we are close to making a recommendation, which information was provided to the subcommittee this morning, and we hope to have it finalized before the end of the month. Public Comment Opened: 10:12:18 PM Speaking to the item: Pinky Kushner Public Comment Closed The Council subcommittee will plan to meet with the new owners shortly to resolve some outstanding issues and then bring it back to City Council. d. Status Report, Discussion and Direction Concerning the Historic Ranch House Structure Located at 1325 Airport Park Boulevard 10:20:21 PM Director Stump presented the item. RECOMMENDED ACTION: 1) Find the revised Preservation Plan consistent with the required mitigation measure contained in the adopted Mitigated Negative Declaration; and 2) Approve the Building Permit to disassemble and relocate the structure to 270 Kunzler Ranch Road. Public Comment Opened: 10:23:29 PM Speaking to the item: Gary Ackerstrom, and Judy Pruden. Public Comment Closed M/S Thomas/McCowen to approve the recommended action to include the finding it is not economically feasible to preserve the structure, and direction to the City Attorney to review the CEQA issue that has been raised. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, and McCowen; NOES: Councilmember Baldwin, and Mayor Rodin ;ABSENT: None; ABSTAIN: None. e. Stump presented the item. RECOMMENDED ACTION: Receive report. The City Council received the report. 11. NEW BUSINESS b. Award the Acquisition of Half Ton Pickup Truck with Extended Cab to Ukiah Ford in the Amount of $20,983.37. (was item 7b.) 11:05:11 PM John Graff stated his concern that the City has too many vehicles. M/S McCowen/Crane recommended approval of the former consent calendar items 7b, 7c, 7e, and 7g--which are now 11 b, 11c, 11d, and 11e, based on information provided by staff and previously approved during the budget hearings. Motion carried by an all AYES voice vote. C. Award the AGQUISItIOn OT Luna rUll J¢~ the Amount of $18,216.14 (was item 7c.) (See all inclusive motion in item 11 b., above.) d. (See all inclusive motion in item 11b., above.) (was item 7e.) e. item 7g.) (See all inclusive motion in a. $1,000 and Authorize Budget Amendment for Same City Manager Horsley presented the item. RECOMMENDED ACTION: 1. Approve award of construction contract to Morrison Drilling & Pumping Inc. for test hole drilling to evaluate potential aquifer for municipal wells at a compensation of $30,600.00; 2. Authorize staff to negotiate a change order for the pumping capacity and water sample analysis not to exceed a funding level of $a-,080 OA; $2,000.00; 3. Authorize Budget Amendment transferring $31,600.00 from Fund 820 Water Fund Balance to account number 820.3901.250.000. Ms. Horsley indicated with new information received there is a recommended change to the recommended action not to exceed funding level of $2,000, instead of the $1,000 budget amendment, based on water sampling. 1 1:32:52 PM There was a question raised about not paying an extra $500 per well, if the work was required under State law. Attorney Rapport recommended that once the City awards the bid as submitted, we look at the law, then go back and try to negotiate a change order, if appropriate. M/S McCowen/Crane to approve the recommended action, modifying it to $2,000 with the proviso that staff look into the issue and make the best argument we can in any subsequent negotiation. Motion carried by an all AYES voice vote. 12. COUNCIL REPORTS Councilmember Thomas suggested the Council receive a presentation from Brock Doleman on global water issues11:40:09 PM and also from Rachael Olgary a hydrologist. 13. CITY MANAGER/CITY CLERK REPORTS 11:44:41 PM City Manager Horsley proposed cancelling the regular November 21 meeting, since it falls the day before Thanksgiving. City Council agreed. Recessed to Closed Session: 1 1:45:21 1'M 14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting a. Labor Negotiations; Management Unit (§ 54957.6); Negotiator: Candace Horsley, City Manager b.. Conference with Real Prooertv Negotiators (§ 54956.8); Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); Negotiator: Candace Horsley, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero Reconvened at 12:03 AM; No discussion of item b., and no action on item a. 15. ADJOURNMENT There being no further business, the meeting adjourned at 12:03 AM Linda C. Brown, City Clerk CITY OF UKIAH 5c CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 7, 2007 6:00 p.m. ROLL CALL The Ukiah City Council met at a Regular Meeting on November 7, 2007, the notice for which being legally noticed on, November 2, 2007. Mayor Rodin called the meeting to order at 6:04:30 PM Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. Absent: None. Staff present: City Manager Horsley, City Attorney Rapport, Community Services Director Sangiacomo, Planning and Building Director Stump, Building Inspector Willoughby, Public Works Director Eriksen, Deputy Public Works Director Seanor, Fire Marshall Yates, Police Chief Dewey, and City Clerk Brown. Consultants present: Bob Wagner, Wagner & Bonsignore 2. PLEDGE OF ALLEGIANCE PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Workshop Minutes of 10/3/07 b. Special Adjourned Minutes of 10/29/07 M/S McCowen/Thomas to approve both sets of minutes with a correction to October 29 Minutes that instead of representing the Ratto Group, David Carroll, et al, were representing the new owners of the Company and also that John Shea was not present. Motion carried by an all AYES voice vote. 6. RIGHT TO APPEAL DECISION G:05:41 PM 7. CONSENT CALENDAR Jim Mulherin requested item 7c be removed from the consent calendar; and Councilmember Baldwin asked that 7g be removed. M/S Crane/Thomas approving the consent calendar items 7a, 7b, 7d, and 7f through 7h. removing items 7c and 7g, with items 7c and 7g becoming new business items 11d and 11e; a. Report of Disbursements for the month of October 2007 b. Adoption of Resolution Authorizing the Submittal of an Application, Acceptance of an Allocation of Funds and Execution of a Grant Agreement with the California Department of Transportation, fora 2.5% Matching Grant in the Amount of $4,875.00, for Federal Aviation Administration (FAA) Approved Project Under Airport Improvement Program (AIP) No. 3- 06-0268-10; Authorize the City Manager to Sign Grant Documents Resolution of the City Council of the City of Ukiah C. MOVED TO New Business 11d d. Notification to Council of ESRI Geographical Information System Software Maintenance Renewal Agreement in the Amount of $8,144.97 e. Adoption of Ordinance Rezoning Assessor Parcel Numbers 003-130-52,54,56, 57 and Establishing aMixed-Use/Professional Office Planned Development f. Police Department Strategic Planning Process 9 ~ MOVED TO New Business 11e h. Approval of Purchase of Small Utility Cart from Rainbow Agricultural Service in the Amount of $6,142.40 Motion carried by an all AYES voice vote. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Dottie Coplen reported on the November 6. 2007 Board of Supervisors meeting regarding the criminal justice system site. 6_10:23 PM 9. P a. 6:19:06 PM Chief Dewey presented the item. Hearing for the COPS Grant FY 2007/08; 2. 2007/2008 SLESF Grant as presented in this Public Hearing opened : 6:20:40 PM No public members spoke to the item. Public Hearing Closed: 6:20:54 PM RECOMMENDED ACTION: 1. Hold Public Authorize departmental spending plan for FY report. M/S McCowen/Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. b. 6:21:31 PM Director Sangiacomo presented the item. RECOMMENUED Ac i ivNS: nnonon the following required findings: (1) The renovation of the tennis courts at Ukiah High School are of benefit to the Project Area; (2) There are no other reasonable means of financing the improvements; and (3) Correction of the environmental deficiencies with tennis courts will assist with the elimination of blighting conditions in the Project Area and is consistent with the Agency's Implementation Plan. And, authorize disbursement of Ukiah Unified School District's portion of Redevelopment Funds in the amount of $300,000 from the Ukiah Unified School District Capital Outlay Fund. Director Sangiacomo indicated there are three findings that must be made as part of the motion, which are included in the recommended action. The School District Board has made the finding that there are no other funds available for this project other than these funds. The School Board did take action in a resolution to make that specific finding. Attorney Rapport added that under the agreement with the School District we are required to authorize use of those funds in the capital outlay fund as long as those three findings can be made, and the Council can make them. As long as sufficient information is presented to the Council to support those findings under the contract, Council are supposed to approve that use of the funds. Director Sangiacomo added that the RDA doesn't have any discretion as to being able to use those funds for other projects other than those that are recommended by Ukiah Unified School District. The argument was made that run down schools are not good for economic development and that schools in good repair foster a better community atmosphere and climate for economic development, and the City Attorney has offered the opinion that that is sufficient justification to support the finding. M/S McCowen/Crane to approve the recommended action; Pubic Hearing Opened: 626:01 PM No public members spoke to the topic. Closed Public Hearing: 6:26:13 PM Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. C. GOnLlnue YUDIIC nearma On UfDafl YYilier WIBI~s1U6n1Cni r~au vNUa~c a~w rvaannc Adoation of Plan 6:27:03 PM Attorney Rapport presented the item and noted that Bob Wagner, Wagner & Bonsignore, was present. RECOMMENDED ACTION: Continue the public hearing and adopt the resolution (Attachment 2), adopting the revised update to the City's Urban Water Management Plan. Revisions were made since the last meeting reducing the future service area which lowered the population estimates to be served, which came from Leonard Charles, but he wanted land use assumptions. In order to make those projections we based those on the 1995 General Plan. We also prepared appendix H. which summarizes all the written comments up to that point. We have made some changes to the plan based on the questions we have received. Public Hearing Opened :7:19:16 PM Pinky Kushner stated she provided written comments to City Staff. Paul Zelman 7:24:59 I'M stated since the Plan has no teeth, we should adopt it and move on. Linda Sanders 7:32:00 PM commented that page 19 regarding stream creek enhancement plans for Doolan Creek shouldn't be mentioned; thinks a gray water program should be included; suggested storm water and water quality be addressed in the document; expressed her hope the City is serious about doing a water table groundwater study in future; suggested inclusion of Ahwahnee water principles; and a commitment statement from City that water and managing it well is important to the City. Public Hearing Closed: 7:37:55 PM By Consensus of the Council the item was continued to a subcommittee of McCowen/Rodin to fine tune the Plan, and to bring it back to present it at a special meeting in November for final presentation to Council and the public. 7:44:43 PM 10. 11 a. DISCUSS YOSSIOIe UnreIOTOTG6O IYIaSOnrV oW~umU VPNreuc uwcu uvca ai~u r~vr~uc Direction to Staff 6:10:42 PM Director Stump and Building Inspector Willoughby presented the item. RECOMMENDED ACTION: Discuss options and alternatives for developing an unreinforced masonry building incentive program and provide direction to Staff. By Consensus of the Council a subcommittee of Crane/Thomas was formed to work with Director Stump to consider establishing a citizens committee and to report back to Council with a recommendation. b. Status Reoort Reaardina Downtown/Perkins Street Form Based Code Project Mayor Rodin and Councilmember McCowen recused themselves from discussion and left the dais due to a potential conflict of interest. Vice Mayor Crane presided. Director Stump presented the item 7:49:45 PM. RECOMMENDED ACTION: Report 7:57:33 E'M There was no public comment given. The report was received. 8:01:28 PM Mayor Rodin and Councilmember McCowen returned to the dias. c. Receive Status 8:01:30 PM Director Eriksen and Deputy Director Seanor presented the item. RECOMMENDED ACTION: Determine the term of contract and authorize the appropriate expenditure for environmental compliance services at the Ukiah Solid Waste Disposal Site. There was no public comment given 8:05:04 PM . M/S McCowen/Baldwin to approve the recommended action, with the 2 year option. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. a. ApOOLIOn Oi KBSOIUiIOa Npprovmq use JIf11N 1/VCIY4U11 Ir1a1V~ .auuwr~a ~..~~ ~.... ....-+.. Located at 1165 South Dora Street B:Ob:l2 PM Director Stump presented the item. RECOMMENDED ACTION: 1) Adopt the Resolution approving the Smith/Delucchi Tentative Subdivision Map No. 06-40 for 1165 South Dora Street. No public comment was given 8:07:12 PM . M/S Crane/ Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. b. Implementation of Proposition 16: Local Street and Road Funds 8:08:02 PM Director Eriksen presented the item. RECOMMENDED ACTION: Discuss the generation of a Proposition 1 B list and direct staff to finalize the list and return to the City Council for adoption of the list. Opened Public Comment: 827:08 PM Speaking to the item: Lisa Mammina, and Linda Sanders. Closed Public Comment: 8_3926 PM Staff will bring back a list with recommendations. City Manager Horsley indicated any report on item ttc would take place after Closed Session d. Thereof. (from consent item 7c) Building Inspector Willoughby and Fire Marshall Yates presented the item. RECOMMENDED ACTION: Adopt the ordinances amending the City code relating to the triennial code adoption process for Building and Fire. Public Comment Opened: 8:54:47 PM Speaking to the item: Jim Mulherin, and Lisa Mammina. Public Comment Closed M/S CranelThomas to eliminate the International Building Maintenance Code pps 30-13 section from the proposed Building Code Ordinance, adopt the remaining portion of the Ordinance tonight, and then bring back the removed section to a future meeting for possible adoption. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. M/S Crane/McCowen to Adopt the Safety/Fire Code Ordinance. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. e. Attorney Rapport presented the item, reporting on ambiguity in the bids. RECOMMENDED ACTION: Report to Council. 8:58:00 PM The City Council accepted the report. 8:59:39 PM Adjourned to a recess to be followed by the Ukiah Redevelopment Agency meeting. Reconvened to City Council: 10:05:38 PM 12. COUNCIL REPORTS Councilmember Crane reported that the Sewer ad hoc and Fire ad hoc committees continue to meet. Mayor Rodin reported she received a package from Mendocino Environmental Center (toxics committee) that had sent a letter to the State requesting oversignt in the Masonite property. She asked to schedule a meeting for Strategic Planning to discuss downtown and the courthouse and redevelopment issues; City Manager Horsley suggested November 15, and Council concurred. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley reported there is a new grant that looks like it could be spent on groundwater studies and suggested a possible joint ground water study with the County water agency. Recessed to Closed Session: 10:13:07 PM 14. CLOSED SESSION -Closed Session may be held at any time during the meeting a. Labor Negotiations' Management Unit (§ 54957.6) Negotiator: Candace Horsley, City Manager b. Conference with Real Property Negotiators (§ 54956.8); Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); Negotiator: Candace Horsley, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero; c. Conference with Real Propety Negotiators (§ 54957.6) Property: 107 E. Oak Street, Ukiah; Negotiator: Lisa Mammina d. PUBLIC EMPLOYMENT (§ 54957} Title: City Manager Reconvened to General Session at 12:05 AM. Reportable action included Adoption of Memorandum of Understanding for the Management Unit, see item 11 c., below. 11 c. City Manager Horsley presented the item. RECOMMENDED ACTION: Adopt resolution approving Memorandum of Understanding for the Management Unit. M/S Thomas/Crane to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None. 15. ADJOURNMENT There being no further business, the meeting adjourned at 12:06 a.m. Linda C. Brown, City Clerk CYeJ of z~k=~/~ ITEM NO.: 7a MEETING DATE: November 5, 2008 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF PURCHASE OF TWO DIGITAL RADIOS IN THE AMOUNT OF $8,495.18 TO MOTOROLA, INC. Background: Included in the fiscal year 2008/2009 budget is the purchase of two vehicles including radios and other safety equipment for the Police Department. Our existing radios are well past their service life, and are no longer supported by the manufacturer. As a result, two new radios were needed to equip these vehicles. Discussion: In October of this year, staff submitted bids to radio vendors, for the purchase of two new radios, which comply with the FCC specifications for police digital radio systems. Bids were opened and Motorola, Inc. had the lowest overall bid of $6,495.18, including sales tax. Staff awarded the bid for the two police radios to Motorola, Inc., in the amount of $8,495.18, with payment to be divided equally between accounts 105.2001.800.000 (Police Department, Machinery and Equipment) and 698.2001.800.00 (Equipment Replacement Fund, Police Department). In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000.00 or more, but less than $10,000.00. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Amount Budgeted Source of Funds (title and #) $3,247.59 Public Safety Police Dept. Machinery & Equipment 800 Account Number Addit. Appropriation Requested 105.2001.800.000 N/A $3,247.59 Equipment Replacement Fund Police Dept. 800 Continued on Recommended Action(s): 1. No action required, notification of purchase of two police radios budgeted in fiscal year 2008/09 from Motorola, Inc. in the amount of $6,495.18, divided equally between accounts 105.2001.800.00 and 698.2001.800.000. Alternative Council Option(s): Citizens advised: N/A Requested by: N/A Prepared by: Darren Wojcieszak, Police Captain Coordinated with: Chris Dewey, Director of Public Safety and Jane Chambers, City Manager Attachments: N/A 698.2001.800.000 N/A Approved: ~" 2~?v=~ C~ ~~~_ e Chambers, City Manager ITEM NO.: MEETING DATE: C~itJ of 7l~fnfi AGENDA SUMMARY REPORT 7b November 5, 2008 SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM SCOTT NICOLE AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND Background: A claim from Scott Nicoll was received by the City of Ukiah on October 10, 2008 alleging his vehicle's mirror was damaged by the street sweeper on Mill Street. Discussion: Pursuant to City policy, it is recommended the City Council reject this claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Recommended Action(s): Reject claim for damages received from Scott Nicoll and refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. Alternative Council Option(s): Alternative action not advised by the City's Risk Manager. Citizens advised: Yes Requested by: Claimant Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Jane Chambers, City Manager Attachments: 1 -Claim of Scott Nicoll, pages 1 - 3 Approved: .l .>~ C,~ ~vLL.Eti-ti._ a e Chambers, City Manager __._ - Fife With: City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 IE._,,,r 1 ~~ ~ [~e~ C. f 7 4~ /hG ~., t°"~ ~ ~" CL~ll~l'FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH A claim must be presented, as prescribed by the Government Code of the State of acting on his/her behalf and shall show the following: RESERVE FOR FILING STAMP CLAI or a person If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. Name and Post Office address of the Claimant: Name ofCtaimant: jCo-~k A/.~~,j~ Post Office Address: 7U p j: ~n~;n q_ ~~ 2. 3. 5. Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: ~ c ~,-j.( f~ ~ Q ~ ~ Telephone: ~~ 07> ~I bZ - ~/77Z Post Office Address: 7no .S, r,`~,;,;,; ;-{ The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurcence: /o~L~7~' ooS Time of Occurrence: ~. mow... - (_,:;nn,H Location: r~.'/f ~~ General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. The name or names of the public employee or employees causing the injury, damage, or loss, if known. M NO. ~ ~~~~~~ ~ OCT 14 2008 City of Ukiah Page t of 3 Revised 12/2006 ,~rye~C c~v Mytrrr rv^r ~ra~ 6. If amount claimed totals less than $70,000: The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, ipsofar as it may be known at the time of the presentation of the claim, together with the basis of computatiorf of ttie amount claimed. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) Limited Civil Case ~ Unlimited Civil Case !,You are required to provide the information requested above. plus your signature on page 3 of this form, in order to comply with Government Code §910. In addition, in order to conduct a Hmely investigation ands possible resolution of your claim, the city requests that you answer the following questions. Claimant(s) Date(s) of Birth: S/r i/s,` 8. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 9. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: if applicable, please attach any medical bills or reports or similar documents supporting your claim. 10. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance BrokerlAgent: Telephone: Address: Claimant's Veh. Lic. No.: ~M7.-(37 "'7 Vehicle Make/Year. Z~s~,' ~%~,,v ~,,"!<_ Claimant's Drivers Lic. No.: ~ ys z 1 ~~l ~~ Expiration: ~ . 1 y - ~~~; ~, If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 Revisetl 1212006 READ C For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If /Agency Vehicle was involved, designate by letter "A" location of /Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw 4REFULLY !Agency Vehicle; location of (Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X:' NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. ~\\~~ `t' SIDEWALK CURB ~it~an CURB -'l. PARKWAY SIDEWALK 7 Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP §1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: j c~~%~~"a~~ Date: /o - !~~- cr3 Page 3 of 3 Revised 12/2006 r ITEM NO.: 7c MEETING DATE: November 5, 2008 r ,~,~ „~~•n~~~.,~, AGENDA SUMMARY REPORT SUBJECT: PROGRESS REPORT ON PURCHASE OF FIRE DEPARTMENT LADDER TRUCK Background: The purpose of this report is to update the City Council on the progress of replacing the Fire Department's ladder truck. On December 19"', 2007, the Ukiah City Council authorized Fire Chief Clarabut to purchase a replacement ladder truck for the Fire Department, from Fund 698 (Equipment Replacement Fund). During the Spring of 2008, both Fire Chief Clarabut and Fire Chief Ritter met with manufacturer representatives to confirm pricing and specifications based upon the specifications provided to the City Council. Construction of the replacement ladder truck began in August of 2008, and it is estimated that delivery of the ladder truck will occur in February or March of 2009. During construction our Department will be conducting two pre-delivery inspections of the vehicle to make certain the vendor is meeting the specifications desired. The first inspection of these vehicle inspections will be completed during the week of November 17`" to the 20`h. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Recommended Action(s): No action desired -Informational only. Alternative Council Option(s): Provide Staff with alternate direction. Citizens advised: N/A Requested by: N/A Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: N/A __ ~ -, ~ Approved: '~- v~-c-a---L-- Jan Chambers, City Manager ['icy .,~-'7 ~/.~:.N: ITEM NO.: 7d MEETING DATE: November 5, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL OF THE EXPENDITURE OF $7,434.41 TO POWER MONITORS INC., C/O HONN COMPANY FOR THE PURCHASE OF TWO METER RECORDERS FOR THE ELECTRIC METERS DIVISION OF THE PUBLIC UTILITIES DEPARTMENT. Background: Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the City Council to advise of the purchase of a Power Monitor iVS-3S Three Phase Meter Socket Recorder, and a Power Monitor Eagle 120 Receptacle Power Quality Recorder. The recorders were purchased from Power Monitors, Inc., C/O Honn Company for the amount of $7,434.41 with funds from account 800.3650.800.000 (Fiscal Year 2008-09 budget), which were specifically budgeted and available for this purpose. City staff requested bids from a total of 5 companies. Two of the companies responded with a no bid. A bid tabulation of the three responding bidders is below for Council's review. Vendor Total Price of both recorders, inc. Tax & Frt. Power Monitors, Inc., (C/O Honn Company) $7,434.41 Power Monitors, Inc., (Direct) $7493.98 Peak Measure $8191.79 Power Monitors, Inc. C/O Honn Company was awarded the Purchase Order. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $17,500.00 Electric Utility Fund 800 800.3650.800.000 Distribution -Meters Recommended Action(s): Receive report on expenditure for recorders purchase in the amount of $7437.41 from Power Monitors Inc., C/O Honn Company. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Mel Grandi, Public Utilities Director, Colin Murphey, Electric Division Supervisor, Mary Horger, Purchasing Supervisor Prepared by: Mary Parker, Purchasing and Warehouse Assistant Coordinated with: Jane Chambers, City Manager Attachments: Approved: ~ ,~_ J Chambers, City Manager c,~y ~>~ .u,C«ti ITEM NO.: 7e MEETING DATE: AGENDA SUMMARY REPORT November 5, 2008 SUBJECT: REPORT OF THE ACQUISITION OF PROFESSIONAL SERVICES FROM WINZLER & KELLY IN THE AMOUNT OF $9,650 FOR PERMIT APPLICATION ASSISTANCE FOR THE 2002 STIP GOBBI STREET/OAK MANOR DRIVE/BABCOCK LANE INTERSECTION REALIGNMENT PROJECT Background: This project has been included in the FY 2008-2009 budget adopted by the City Council. Discussion: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of professional consulting services costing more than $5,000 but less than $10,000. The Public Works Department obtained a proposal from Winzler & Kelly for permit application assistance for the 2002 STIP Gobbi Street/Oak Manor Drive/Babcock Lane intersection realignment project. Staff reviewed the proposal and found the proposed fee of $9,650 to be commensurate with the scope of work. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Amount Budoeted Source of Funds (title and #) Account Number Addtl. Appropriation Reauested $722,000 STIP Transportation Funds 330.9813.250.000 Recommended Action(s): Receive and file report of the acquisition of professional services from Winzler & Kelly in the amount of $9,650 for permit application assistance for the 2002 STIP Gobbi Street/Oak Manor Drive/Babcock Lane intersection realignment project. Report is submitted pursuant to City Code. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works /City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works ~~ Coordinated with: Jane Chambers, City Manager Attachments: None. ~ J ~ Approved: ~~Q ,~-- J~n Chambers, City aM Hager ITEM NO.: MEETING DATE: ['i n~ ~~~ 4/k+uli AGENDA SUMMARY REPORT 7f November 5, 2008 SUBJECT: DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR OFFICE OF EMERGENCY SERVICES (OES) Background: The City received a letter from the Office of Emergency Services asking the City Council to designate the City's Agent and execute a Resolution authorizing the action. This Resolution will be filed with the OES for the purpose of obtaining certain federal financial assistance in disaster relief situations. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Recommended Action(s): Authorize the Resolution naming the City Manager, or City Finance Director, or the Director of Public Safety as authorized agent for obtaining certain federal financial assistance in the event of disaster relief. Alternative Council Option(s): Citizens advised: n/a Requested by: Office of Emergency Services, State of California Prepared by: Linda Brown, City Clerk Coordinated with: Jane Chambers, City Manager Attachments: 1 - OES Resolution Approved: L- ,, G' ~»~-~`~-~- Jan ambers, City Manager e otCYilomia ~~oEElca oP EMERGENCY SERVICES (Name and Title) (Name and Title) (Name and Title) CERTIFICATION duly appointed and _ DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY THE Ukiah City Council OF THE City of UKiah (Goveming Body) (Name of Applicant) THAT City Manager OR (Title of Authorized Agent) Finance Director __, OR (Title of Authorized Agent) Director of Piihlir Rafaty (Title of Authorized Ageut) is hereby authorized to execute for and in behalf of the City of Ukiah , a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal fmancial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the City o f Ukiah , a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Passed and approved this day of P.A. No.: ,20 (Title) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the of the (Goveming body) day of , 20 Date: Position) (Name of Applicant) of on the OES Form 130 (11.02) DAD Form ITEM NO.: 7g MEETING DATE: November 5, 2008 C'i[y oJ~?Jkink AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO SUMMERWOOD PRODUCTS IN THE AMOUNT OF $9,236.87 FOR REPLACEMENT OF AN ANNOUNCERS BOOTH AT RIVERSIDE PARK THAT WAS DAMAGED BEYOND REPAIR DURING THE 2005/2006 NEW YEAR'S FLOOD AS APPROVED BY FEMA. Background & Discussion: During the New Year's Flood of 2005/2006 the announcer's booth located in the BMX Bike Club section of Riverside Park was damaged beyond repair. This portion of the project was listed in the scope of work for the FEMA Project number 93 and authorizes the City to purchase and replace this structure. The scope o1 work from the project worksheet was utilized when the City sought quotes. Quotes were received from two vendors. Summerland Wood Products secured the low bid with a quote in the amount of $9,236.87. The alternate bid was entered by Cabana Village in the amount of $9,860.20. These were the only two vendors that were able to provide a kit building that suited the scope of work for this project. If awarded, this bid will be used to complete the scope of work cited on FEMA project number 93. The purchase will be made from account number 140.6050.800.012 and coded for FEMA reimbursement. Staff recommends awarding this project to the low bidder, Summerwood Products. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $9,236.87 Park Develop/ Riverside BMX 140.6050.800.012 Recommended Action(s): Award bid to Summerwood Products in the amount of $9,236.87 for an announcers booth at Riverside Park, to be reimbursed by FEMA. Alternative Council Option(s~: 1. Reject the low bid and award to alternate or remand to staff with further direction. 2. Reject all bids and remand to staff with further direction Citizens advised: Requested by: Rusty Bowl BMX Club Prepared by: Maya Simerson, Community Services Department Coordinated with: Jarod Thiele, Purchasing Technician Attachments: none L Approved: L~ ~~-C~~~ J Chambers, City Manager ITEM NO.: MEETING DATE: t't<<i <~/ ~z ~l~.dr AGENDA SUMMARY REPORT 10a November 5, 2008 SUBJECT: REPORT AND APPROVAL OF CRITERIA FOR ESTABLISHING INSURANCE LIMITS FOR ENCROACHMENT PERMITS AND CONSTRUCTION CONTRACTS Background: On February 20, 2008, City Council discussed Staff and REMIF's (Redwood Empire Municipal Insurance Fund) recommendation to increase insurance limit requirements for contracts, long term facility rent/lease agreements, professional services agreements, and encroachment permits from $1 million to $2 million. By consensus, the City Council directed staff to leave the standard insurance limit requirement at $1 million and increase the limit based on assessment of the perceived risk. Staff was directed to review the process and report back to Council at a later date. Discussion: In implementing the Council's directive to retain $1 million coverage and increase the limit to $2 million where there is an assessment of perceived risk, staff determined it necessary to require $2 million coverage for major construction projects and encroachment permits. The $2 million was required because of the perceived risk inherent in these two activities where heavy equipment, roofing, plumbing, electricity, excavation work was being done for construction, or where high traffic demand, frequent pedestrian travel, security of the site, and use of large machinery or equipment for a prolonged amount of time during encroachment provided significant risk exposure. For construction projects and/or encroachment permits that did not include this level of risk, the insurance amount required was reduced to $1 million. Under the contracts and encroachment permits sections below, there is a complete explanation of how staff has administered this policy. Contracts Prior to the release of a Request for Bid (RFB) or Request for Proposal (RFP), the Risk Manager worked with both the Purchasing Supervisor and Department Director, as necessary, in determining the level of insurance to be requested. $2 million had been requested for larger construction projects involving heavy equipment, roofing, plumbing, electricity, excavation, etc. Remodeling construction projects (i.e. sheetrock, painting, windows) required a $1 million minimum limit of general liability insurance. Professional service contracts all required the $1 million limit. Recommended Action(s): Council review Attachment 1 -Risk Analysis Matrix, make changes as necessary and direct staff on specific criteria to use particularly when evaluating the level of risk for encroachment permits and construction contracts. Alternative Council Option(s): 1) Choose not to use higher limits and require $1 million insurance limits on all contracts, long term facility rent/lease agreements, professional services agreements, and encroachment permits; 2) Provide alternate direction to staff. Citizens advised: N/A Requested by: Sue Goodrick, Risk Manager/Budget Officer; Jane Chambers, City Manager Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Jane Chambers, City Manager; Tim Eriksen, Director of Public Works; Mary Horger, Purchasing Supervisor Attachments 1 -Risk Analysis Matrix Approved: v ll ~ G~ ^ ~~ Ja Chambers, City Manager Subject: Approval of Criteria For Establishing Insurance Limits for Encroachment Permits and Construction Contracts Meeting Date: November 5, 2008 Page 2 of 2 For construction contracts, staff has procured approximately sixteen (16) of which eight (8) were set with the $2 million insurance limit. Those contracts involved tree trimming, roof replacement and electrical types of repairs. Encroachment Permits Based on City Council direction to evaluate "perceived" risk, staff had initially determined that encroachment permits would require $2 million in general liability insurance (and revised its forms to reflect this higher level) for the following reasons: • Job oversight and safety precautions were not within the City's control • Projects generally occurred in street or thoroughfare where there was potential for frequent foot or vehicle traffic. Project such as sidewalk orcurb/gutter work might cause foot traffic to detour into roadway resulting in potential public safety concern. • Length of project -projects that extended beyond a single day could not be controlled during non- work hours (evenings/weekends), regardless of the security measures established. • Use of heavy construction equipment would block or protrude into the roadway. • Required lane closures that require a traffic control plan. Since February, staff had been working through these new requirements and made adjustments to accommodate encroachment permits for smaller jobs. The majority of the encroachment permit projects applied for to date have been smaller with a lower level of risk. As such, for those projects, Staff has reduced the insurance limit requirement from $2 million to $1 million based on the following: Project would be completed in one day. Contractor was on site for the entire duration of the project thereby having full control over job site (i.e. open trenches) at all times. • No large machinery or equipment would be operated or used in the vicinity of the job site. Project didn't preclude pedestrian access to sidewalk/curb for long period of time. • Project was not in street or thoroughfare where there was potential for frequent foot or vehicle traffic. Summary: In total, 25 encroachment permits have been issued since the Council's direction in late February. Of those, 7 provided $2 million in General Liability insurance coverage; 18 of the permits were issued under the $1 million insurance coverage. Understanding this process is subjective, Staff has recently been challenged on a number of occasions for its determination/judgment that a project required the use of the higher insurance limit requirements for encroachment permits. It is staff's belief that to better serve our customers, it may be prudent to establish Council approved criteria which will take the subjectivity out of the insurance limit determination. Attachment 1 is a Risk Matrix identifying how staff is presently determining insurance limits. Staff is requesting Council review this matrix, make changes as necessary and direct staff on specific criteria to use particularly when evaluating the level of risk for encroachment permits and construction contracts. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required ATTACHMENTI CITY OF UKIAH RISK ANALYSIS MATRIX rrors Igoe Omissions Waiver of General Automobile Workers' or Prof Builder's Pollution Liability & ACtIVIt Liability Liability Comp* Liability Risk Liability Indemnif Aquatics, facility use $4-5 mil $1 mil X onstructton rolects, Value of Major - hry equip useage, Complt'd roofing $2 mil $1 mil $1 mil Proj X onstructlon projectslremodeling - windows, sheetrock, painting $1 mil $1 mil $1 mil X Electricity; use of, electrical work, repair $2 mil $1 mil $1 mil X Food; service, sales $1 mil $1 mil $1 mil X Golf Cart Use $500k X Lessees $1 mil $1 mil X Medical services, skilled $2 mil $1 mil $1 mil X Miscellaneous services (instructors, vendors) $1 mil $1 mil $1 mil X Permits: Building $1 mil Wideload $750k X Banner $1 mil X ncroac men - rg roj in main st wl footlveh traffic, more than'I day, use of hry equip $2 mll X Encroachment -small prof 1 day, no hry equip, not on main X st $1 mil Encroachment -sidewalk signs $1 mil X um mg sewer; maintenance, construction, repair $2 mil $1 mil $1 mil X Pro essional services - environmental $1 mil $1 mil $1 mll $1 mil X Pro esslona services/consultants engineering, architectural $1 mil $1 mil $1 mil $1 mil X RecreationlDay Camp X Special Events, use of City facilitieslproperty $1 mil X Suppliers $1 mil X Taxis*' $1 mil $1 mil Toxics; use or handling of $1 mil $1 mil $1 mil X Trucking, transportation $1 mil $1 mil $1 mil X Tunneling; excavation (3'or requires OSHA Shoring) $2 mil $1 mil $1 mil X Welding; cutting with torch $2 mil $1 mil $1 mil X "Established by Resolution No. 93-46 `Statutory % ~ G~i.ty ~ oj' Ukiah. Department of Public Works 300 Seminary Avenue Ukiah, California 95482 Phone: 707-463-6284 / 6203 Fax: 707-463-6204 FiAM(J{~ V4 ~~ ~~~ I (~ I i I (1 ) ~'~ ~)f _ !~ r i i1~5 t ~ tU ~ SPECIAL ENCROACHMENT PERMIT `~ E NUMBER: TYPE AND LOCATION OF PROJECT (SUBMIT DETAILS_WITH SEPARATE PLANS OR DRAWINGS) ^~: , _ ~ i- , ~- (ll~Y' ~ !i~}11 5~~~ ~~ r)( ;, A I .t.~~n~~l ~ ./ I(- ~ ~~c-r i _,, ~.)t., ~ ~,_( ~- > > ;:~I 1),-. L.~--I.~ r~~ v(~,la,i d~~ :~).~f~r1~ ., ._~. ~.: 17~ -1.~'i'~h~a~S~ l,c~C~~_ 'ai.~ ANTICIPATED START DATE: 1 1 ANTICIPATED COMPLETION DATE: ~ (! ~(1 '~~Q ~I ,4 1 (,~-r{emu `S' ~.lC' LIST NAMES AND ADDRESSES AND CONTRACTOR'S LICENSE NUMBERS OF ANY SUBCONTRACTORS INVOLVED WITH ~~~ i THIS PROJECT (SEE CONDITION tk3 BELOW): 7 ~ (~ ~i (, n(/`~ __ ~~~ i 1 i^ r r ~.~ t' ~,.~~/-! r1..~ j !` (.~f~~ ~~'~`-- ji i~-~ 1 Si.~`t~ I~--'~ ~_~ 1~_~ ! ~ _{ Validation of this permit is subject to the following conditions: The term of this permit shall be as designated by above time frame unless altered by City Engineer. 2. The City of Ukiah reserves the right to extend, amend, or revoke this permit as deemed necessary by the City Engineer. 3. Valid Business Licenses must be obtained from the City of Ukiah Director of Finance by all contractors nr subcontractors associated with work authorized by this permit in accordance with City of Ukiah Municipal Code sections 2110-2114. 4. Work shall conform to the details and location specified on the plans submitted by the Permitee and approved by the City Engineer. The Permitee shall notify the City Public Works Department approximately forty-eight (48) hours prior to commencement of any work to arrange for necessary inspections. 5. An Encroachment Permit Fee of 3% of the estimated construction cost shall be paid to the City of Ukiah to cover permit processing, plan checking and inspections. A minimum charge of $45.00 shall apply to all encroachment permits issued. 6. Permitee shah have its insurance company furnish on City forms Proof of Insurance for General Liability and Property Damage in the amount of at least $2,000,000 with separate special endorsement Commercial General Liability #CG 20 12 07 98 naming the City of Ukiah as Additional Insured. Please send insurance forms to the attention of the Engineering Division. 7. If work is in the street, two-way traffic shall be maintained at all times through work area unless specifically authorized by the City Engineer. Traffic control shall be maintained in accordance with Encroachment Permil 2008 CERTIFICATE OF LIABILITY INSURANCE DP ID i acoRO DATE (MM,°D;YYYY' ._ CRANE-1 09 24 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (WC) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 200 1350 Carlback Ave ALTER THE COVERAGE AFFORDED 0Y THE POLICIES BELOW. , Walnvt Creek CA 94596 Phone: 925-934-8500 Fax: 925-934-8278 ~ INSURERS AFFORDING COVERAGE 'I NAIC A INSURED wsuRER A: Admiral Insurance Company ____ _ __ _ INSURER B' American 3[acee ine a co. _ Crane o£ Ukiah Inc INSURER C: __ _ _ _ _ . 200 Oir $ rin4S Rd. INSURER D: Ukiah CA 95482 - ---~ _.__--- INSURER P. COVERAGES THE cOLICIES CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN$UREp NAMED ABOVE FOR THE POLICY PERIOOINOICATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH R ESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR .,A~ PERTAIN, THE I NSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH PGLIGIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. INSR AOD'C--.. -__ - _~_ -.___ POLTEYE IV P6LICP~PIR7~TIb _- __ _.__- .. LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDOIYY GATE MMIDDIYV LIMITS GENERAL LIA&UTY I- I MMERCIAL GENERAL LIABILITY i CA00000026506 A X X '', CO 07/09/06 ( 07/06/09 EACH OCCURRENCE 81 000,000 DAhTAGE7D R~~__. --_ ._ -_-. PREMISES (Ea uurence)_ s50 000_ _ I CLAIMS MADE j "' J DCCUft MEO EXP (Any an person) S S , 000 _ PERSOrwL s ADV INJURY ~ 5 1 , 000_, 000 '.. GENERAL AGGREGATE ''~ s 2 , 000 , 000 G[N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS ~COMPIOP AGG 82,000,000 ~ '~~ POLICY X JECT LOC I I r AUTOMOBILE LIABILITY I ' I ~ ' COMBINED SINGLE LIMIT 51 000,000 ', ANY AUto O1CE 6165610 B X X 07/01/08 07/01/09 , (Ea academy I I,. ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) r HIRED AUTOS ~ I~ BDDILV INJURY ~, $ '. NON.ONMEp AUT05 (Per accident) ~II _ ~~PROPERTV DAMAGE 5 i (Par accidenq RAGE LIgBILITY G I AUTO ONLY FA ACC DF.Ni 4 - _ _ ANY AUTO 1 ! OTHER THAN EA ACC I S __-~-- -- AUTO ONLVI AGG 3 LIABILITY I E%CESSIUMDREL ~, EACH OCCURRENCE S -----~~~--- _ I~ CLAIMS MADE OCCUR __ AGGREGATE 5 I 9 - _ _. T __ DEDUGTIDLE - _ _ -_. + ~ 5 REI ENTIDN S '~ $ ', WORRERS COMPENSATION AND ~~. ~ TORY LLMRS ER 1 _ _ _ -- _ ' [MPLOYERS'LIABILITY I ~- - E.L. EACH ACCIDENT I S ANV PRDFRIETORIPARTNERIE%ECUTIVF. ' --~--~-------- OFFICERMEMBEREXCLUDED? EL. DISEASE-EA EMPLOYEE 5 ryes desc~iee under 'SPECIAL PROVISIONS belwi - -~ E. L. DISEASE-POLICY LIMIT 5 OTHER B ~~I Equipment Floater O1CE 6165619 07/01/09 07/01/09:; DESCRIPTION OF OPERATION51 LOCATIONS / VEHICLE51 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS PROJECT: AS ON FILE WITH THE INSURED. PER BLANE~T CG2010 7/04 ATTACHED TO THE POLICY (COPY ATTACHED) IF REQUIRED ~ BY WRITTEN CONTRACT OR AGREEMENT THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES b VOLUNTEERS ARE ADDED AS ADDITIONAL INSURED, INSURANCE IS PRIMARY, WAIVER OF SUBROGATION APPLIES, ...Cont... CERTIFICATE HOLDER CANCELLATION UKIAH-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O~ DAYS WRITTEN NOTICE TO THE CERiIFIOATE HDLDER NAMED TO THE LEFT, BUT FAILURE i0 DO SO SHALL CITY OF UKIAH IMPOSE NO OBLIGATION OR LIABILITY OF ANV NIND UPON THE INSURER, ITS AGENTS GR DEPT. OF PUHLYC WORKS 300 SEMINARY AVE REPRESENTAnvE S . . UKIAH, CA 95982 AUTHOR NTATIVE FF ~~ pp ACORD 25 (2001/08) ©ACORD CORPORATION 1988 c: -ity of 4Jkftrfi ITEM NO.: 10b MEETING DATE: November 5, 2008 AGENDA SUMMARY REPORT SUBJECT: RECEIVE AND CONSIDER SKATE PARK COMMITTEE'S REQUEST TO EXPLORE LOW GAP REGIONAL PARK AS SITE FOR UKIAH'S FIRST SKATE PARK. Background: The Skate Park Committee held a meeting on October 27`", 2008 to discuss the progress of the Skate Park development. The meeting concentrated on timelines for funding and the current status of the Leslie Street property. During the meeting staff shared information specific to the timelines for investigation and remediation at the Leslie Street property and the leased portion of the North Coast Railroad Authority (NCRA) as set forth by EBA Engineering. Additionally, the current grant award of $500,000 from the state grant requires that the Skate Park be constructed, completed, and all grant reimbursement filed by December 31, 2011. The 2011 deadline is approaching quickly as development issues at the Leslie Street and NCRA property are still unresolved. EBA Engineering estimated timeline of October 2009 to acquire approval and acceptance of soil remediation from North Coast Regional Water Quality Control Board (NCRWQCB) is based on multiple parties' cooperation. Unfortunately, this timeline is only a projection and can change significantly. Factors that still need to be considered include: additional environmental concerns that may surface at the site, property owners or NCRWQCB being unreceptive to EBAs recommendations, and securing the necessary funds for the required soil remediation. It is still unknown at this time if site grading could occur at the same time as remediation ar if grading will need to be conducted after remediation has occurred. The Low Gap Regional Park was once the preferred location of the Skate Park Committee prior to the Leslie Street /Railroad location becoming available. The Committee approved Low Gap Regional Park as the alternative site for development of the Ukiah Skate Park. The site has a Geotechnical Investigation on file and based on the findings is suitable for a Skate Park to be constructed. Wormhoudt Inc, the Skate Park design firm has reviewed the report and the site survey and confirms the site is suitable for development. Staff reported to the Park, Recreation and Golf Commission at their October 14, 2008 Commission meeting. The Commission discussed the progress of the Skate Park development and received a verbal update regarding the property and the funding timelines. The Commission voted unanimously to recommend the Low Gap Park location as the Ukiah Skate Park site. Continued on Paoe 2 Recommended Action(s): Receive and consider Skate Park Committee's w Low Gap Regional Park as an alternative site for development of Skate Park. request to explore Alternative Council Option(s): N /A Citizens advised: Ukiah Skate Park Committee Requested by: Ukiah Skate Park Committee Prepared by: Guy Mills, Project 8 Grant Administrator Coordinated with: Sage Sangiacomo, Community/General Services Director and Jane Chambers, City Manager Attachments: 1. Low Gap Park Site Layout 2 Written Request from Skate Park Committee i / Approved: l'~ ~-~i~. e Chambers, City Manager Subject: Request to Explore Low Gap Regional Park as Site for Skate Park Meeting Date: November 5, 2008 Page 2 of 2 Staff has had preliminary discussions with Ukiah Players Theatre, County of Mendocino and Ukiah Unified School District about the possible relocating of the Skate Park to this location. All parties have shared their concerns with this site namely around noise, vandalism, and parking. As part of exploration of the Low Gap site, City staff will meet with these immediate neighbors to discuss their concerns and identify possible mitigations that could be made. Discussion: The Skate Park Committee has provided a written request to Council (Attachment #2) to approve exploring the relocation of the Skate Park to Low Gap Regional Park on the site between Ukiah Players Theatre and the tennis courts. The reason for the change in location is due to the uncertainty in the timeline for development based on soil remediation that needs to occur on the Leslie Street and leased portion from NCRA properties and the timeline of State Park Grant for completion. The Low Gap Regional Park site allows the best alternative at this time to complete Ukiah's first Skate Park complex. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required F {~ .:F 1. v ~ ~ ~~~,. ~ % > r ' ir ~; 2 ; ~ ~ ~. ~ ~1 C v,. H 'e' F ~X ~~s l ~t ;,~ yYp Z~ .~tV ~ ~ } R f ' Y?. ;A~ ~.. M {~ * ~ i ~ 3 Mix, a ,~ .. ` l f ~ flair i' r rh,. "" 1'~l ~ y ,i: ~ t '_ ~, ~ t :~ ~. ~ J~~ ~.~~ ~~ ~I ~. 4F ~ k 1 rtt p $ . n ~ ' ~ 'S V Es O t ~; ~. ' ~t }S~e' ... ~ ~ v, ~~ ~... i f i'].. 111 ~1 J H* a fA °'. ",... _.. `,,r°', n Y~. y~ ~~ ~. i ~ ~,rt 1 11 N j~ ~~ 9 l f a H 9 ('1 M ~/c1AM Directors President Justin Capri Vice President Matt Wilson Treasurer Joy Beeler City of Ukiah Guy Mills City Council Member Doug Crane The Mission of the Ukiah Skate Park Association is to provide a well designed skate park that promotes healthy recreational activities for our children and our community. ATTACHMENT Ik2 October 28, 2008 Ukiah City Council City of Ukiah 300 Seminary Ave. Ukiah, Ca. 95482 Dear Mayor Crane and Council Members, I am writing to urge you to place on your next agenda an item discussing the contaminate issues with the Perkins Street skate park site. The Skate Park Committee has great concerns of the possibility of further delay and lack of funding to resolve such a large cleanup. We would like to request that a second option site be explored as a possible alternative to the Perkins Street site. The alternate site that the committee is interested in pursuing is the City property at Low Gap Park. Best Regards, Justin Capri President Ukiah Skate Park Committee 200 S. School St, Ukiah CA 95482' (707) 463-6729' (707) 462-2088 hax" caprisk8(8 pacbell.net www.ukiahskatepark.com ITEM NO.: 10c MEETING DATE: AGENDA SUMMARY REPORT November 5, 2008 SUBJECT: DISCUSSION AND POSSIBLE ACTION ON SCOPE OF CITY'S AUTHORITY TO REGULATE HOW MOBILE HOME PARKS SERVED THROUGH A MASTER WATER METER CHARGE TENANTS FOR WATER AND SEWER SERVICE Background: At its meeting on October 15, 2008, the City Council considered Council Member John McCowen's proposal to regulate how mobile home parks served through a master water meter charge their tenants for City furnished water and sewer service. The issue arose out of a controversy at a mobile home park in Ukiah which had recently installed sub-meters for each tenant, but appeared to be charging tenants at a different rate than the City charged the mobile home park for water and sewer service. The City Attorney had expressed the opinion that the City Code currently allows the owner of a mobile home park receiving City water through a master meter to charge its tenants for water and sewer service, but does not regulate how or how much the owner charges. Council member McCowen asked the City Council to discuss whether it wanted to regulate how and how much a mobile home park charges its tenants for water and sewer service. The City Council appeared to support some regulation, but wanted the City Attorney to report back on the scope of the City's authority to impose such regulation on a mobile home park and to discuss some options for these regulations. Conclusion: City has authority to regulate. In my opinion, the City has the authority to regulate how a customer who receives water through a master meter to serve multiple units, such as in an apartment complex or mobile home park, charges tenants for City water and sewer service. The City has statutory authority to establish rates for City furnished water and sewer service, which includes the authority to place conditions on how master meter customers charge tenants for these services, and no provision of state law prevents the City from imposing these regulations on mobile home parks. itinued on Paoe 2 Recommended Action: After considering the City Attorney's advice, provide direction to the City Attorney on options to incorporate in ordinance/resolution for City Council consideration. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Council Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager Attachments Attachment 1 -Excerpts of applicable laws Approved: ~~ emu- ~~ ~t~E. ne Chambers, City Manager Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 2 of 11 City has broad discretion as to content of regulations. The City has broad discretion in adopting this type of regulation. The City Council appeared to favor allowing mobile home parks to pass-through to tenants the actual charges the mobile home park pays for City furnished water and sewer service. The Council also appeared to favor allowing mobile home parks to recover the actual costs incurred in administrating, operating and maintaining the water and sewer facilities within the park. However, the City Council also appeared to favor prohibiting the mobile home park owner from making a profit on the provision of water and sewer service to its tenants. In my opinion, the City has the authority to impose all of these requirements on mobile home parks. City has discretion as to method of apportioning costs among tenants. The City Council also discussed alternative ways to apportion these costs among the mobile home park tenants. A member of the public spoke in favor of simply dividing all of the costs by the number of spaces in the mobile home park. He argued that the cost of sub-metering exceeded any benefits resulting from apportioning cost based on actual water usage by each tenant. Others argued that sub- meters are the fairest way to apportion costs and give each tenant some control over the amount of his/her monthly bill by reducing water use. Mayor Crane pointed out that by comparing sub-meter readings with the master meter reading, water leaks could be more easily detected, and tenants would not pay for water they did not use. In my opinion, the City has the authority to require apportionment by either method. The City Council was also told that the Ukiah Valley Sanitation District (UVSD) has adopted a cap on the monthly charge for sewer service the UVSD can impose on a mobile home park. The cap is based on the average water consumed by a single family residence. The imposition of this cap just for mobile home parks results in some mobile home park tenants paying less than some tenants in apartments. It also has resulted in a modest reduction in annual revenue to the UVSD. If the City Council elects a different method for regulating sewer charges to mobile home park tenants, it may want to approach the UVSD about reconsidering this cap. City Council should consider administrative burden in adopting regulations. In selecting an alternative, the City Council should also consider the administrative burden and expense to the City. For example, if the City adopts a rule that allows a mobile home park owner to recover its actual costs of administrating, operating and maintaining the water and sewer facilities within the park, to police this requirement, City staff may be required to engage in a detailed investigation and analysis of these charges for each mobile home park in the City. To reduce this administrative burden, the City could: Limit administrative charges by a mobile home park to an amount that does not exceed a percentage of the City charges for water and sewer service (such as 5%) plus documented actual costs for repairs, upgrades and replacements. Require the park owner to separately state City charges and actual costs and to disclose the basis for actual cost charges. In addition, the City could provide each tenant with the right to contest the park owner's statement of its actual costs. This would place the enforcement burden on the tenant but give the tenant access to the information needed to verify the charges. Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 3 of 11 Adopt a general standard, require disclosure and authorize tenants to enforce the requirements, such as: Master meter customers may not charge tenants more than the amount charged by the City for water and sewer service plus the customer's actual and reasonable costs to administer, operate, and maintain its on-site water and sewer facilities. These costs shall be apportioned among the tenants on a reasonable basis. Each month the customer shall provide the tenant with a statement of the amount charged by the City for water and sewer service, the amount of those charges apportioned to the tenant and the basis for that apportionment, and the itemized actual cost of any other expenses incurred by the customer to provide water and sewer service to each tenant. Within 5 days of a request by any tenant or his/her authorized representative, the customer shall allow the tenant to inspect and copy all writings in its possession documenting City charges and the other charges by the customer for water and sewer service to its tenants. The tenant shall have the right to file an action in any court of competent jurisdiction, including small claims court, to recover any amounts paid to the customer for water or sewer service that exceed the amounts authorized herein. Analysis: Article XI, §9 of the California Constitution, entitled: "Public Utilities," authorizes cities to "establish, purchase, and operate public works to furnish its inhabitants with light, water, power, heat, transportation, or means of communication." The Legislature has implemented this authorization in Government Code §§ 38730 [referencing water, water rights, reservoir sites, rights of way for pipes, aqueducts, flumes, or other conduits] and 39732 [referencing bus lines, street railways, steam railway spur tracks, telephone and telegraph lines, gas and other works for light, power, and heat, public libraries, museums, gymnasiums, parks, and baths]. Sewer service is not included in these references to public utilities which cities are authorized to own and operate. At the same time, the construction and operation of sewers derives from a city's police power under Cal. Const., Art. XI, §7, and is generally regarded as a governmental rather than a proprietary function along with the construction of streets and storm drains. (See, e.g. Gov. Code §38900 ["A city legislative body may construct, establish, and maintain drains and sewers.']. See, also, Los Angeles County Flood Control Dist. v Southern California Edison Co. (1958) 51 Cal 2d 331 [The laying of sewers is a governmental as distinct from a proprietary function]. In addition to the above-referenced laws, the Legislature has provided cities with ample authority to establish rates for both water and sewer service. (See Kennedy v. City of Ukiah (1977) 69 Cal. App. 3d 545, citing to Health and Safety Code § 5471, relating to sewer rates, and the alternative authorities in Government Code § 36810 and § 54300 et seq., relating to water rates.) This authority necessarily includes the authority to impose restrictions on how a master meter customer in a multi-unit residential complex, such as a mobile home park or an apartment complex, charges its tenants for water and sewer service furnished by the City. State laws establishing rules for how mobile home parks charge tenants for utilities are contained in Civil Code Sections 798.38 and 798.41, and Public Utilities Code § 739.5. (See Attachment 1, which contains these and other statutes and cases citied in this ASR.) The Civil Code sections don't impose any limits on the City's general authority to adopt rates for water and sewer service to mobile home parks. The Public Utilities Code § 739.5 specifically addresses a "master-meter customer" who provides service to tenants in a mobile home park, apartment building or similar Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 4 of 11 residential complex. It requires the customer to charge each user of the service at the same rate which would be applicable if the user were receiving the service directly from the utility. However, this section only applies to gas or electric service furnished by gas or electric corporations. This section does not apply to water or sewer service and the City is not a gas or electric corporation, as defined in the Public Utilities Code. (See PUC §§ 204, 205, 218 and 222 in Attachment 1.) As a point of interest, Kenney v. City of Ukiah, supra, 69 Cal. App. 3d 545, cited above, upheld water and sewer rates imposed by the City of Ukiah on a mobile home park. Fiscal Impact: ^ Bud g$~ e9 FY ^ ~ Not Applicable ^ BudgR uired ment O O App opriation q Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 5 of 11 ATTACHMENT 1 Civil Code § 798.38. Utilities; Separate statement; Posting of rate schedule; Third-party billing agent (a) Where the management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his or her meter. The management shall post in a conspicuous place, the prevailing residential utilities rate schedule as published by the serving utility. (b) If a third-party billing agent or company prepares utility billing for the park, the management shall disclose on each resident's billing, the name, address, and telephone number of the billing agent or company. § 798.41. Utility service fees (a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provide otherwise, the park management may elect to bill a homeowner separately for utility service fees and charges assessed by the utility for services provided to or for spaces in the park. Any separately billed utility fee and charges shall not be deemed to be included in the rent charged for those spaces under the rental agreement, and shall not be deemed to be rent or a rent increase for purposes of any ordinance, rule, regulation, or initiative measure adopted or enforced by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent, provided that at the time of the initial separate billing of any utility fees and charges the rent chargeable under the rental agreement or the base rent chargeable under the terms of a local rent control provision is simultaneously reduced by an amount equal to the fees and charges separately billed. The amount of this reduction shall be equal to the average amount charged to the park management for that utility service for that space during the 12 months immediately preceding notice of the commencement of the separate billing for that utility service. Utility services to which this section applies are natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service. (b) This section does not apply to rental agreements entered into prior to January 1, 1991, until extended or renewed on or after that date. (c) Nothing in this section shall require rental agreements to provide for separate billing to homeowners of fees and charges specified in subdivision (a). (d) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. Public Utilities Code § 739.5. Master meter and submeter service; Uniform rates; Public safety customer services; Maintenance and repair; Itemized bill; Notification of responsibilities; Response to complaints (a) The commission shall require that, whenever gas or electric service, or both, is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer shall charge each user of the service at the same rate which would be applicable if the user were receiving gas or electricity, or both, directly from the gas or electrical corporation. The commission shall require the corporation furnishing service to the master- Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 6 of 11 meter customer to establish uniform rates for master-meter service at a level which will provide a sufficient differential to cover the reasonable average costs to master-meter customers of providing submeter service, except that these costs shall not exceed the average cost that the corporation would have incurred in providing comparable services directly to the users of the service. (b) Every master-meter customer of a gas or electrical corporation subject to subdivision (a) who, on or after January 1, 1978, receives any rebate from the corporation shall distribute to, or credit to the account of, each current user served by the master-meter customer that portion of the rebate which the amount of gas or electricity, or both, consumed by the user during the last billing period bears to the total amount furnished by the corporation to the master-meter customer during that period. (c) An electrical or gas corporation furnishing service to a master-meter customer shall furnish to each user of the service within a submetered system every public safety customer service which it provides beyond the meter to its other residential customers. The corporation shall furnish a list of those services to the master-meter customer who shall post the list in a conspicuous place accessible to all users. Every corporation shall provide these public safety customer services to each user of electrical or gas service under a submetered system without additional charge unless the corporation has included the average cost of these services in the rate differential provided to the master-meter customer on January 1, 1984, in which case the commission shall deduct the average cost of providing these public safety customer services when approving rate differentials for master-meter customers. (d) Every master-meter customer is responsible for maintenance and repair of its submeter facilities beyond the master-meter, and nothing in this section requires an electrical or gas corporation to make repairs to or perform maintenance on the submeter system. (e) Every master-meter customer shall provide an itemized billing of charges for electricity or gas, or both, to each individual user generally in accordance with the form and content of bills of the corporation to its residential customers, including, but not limited to, the opening and closing readings for the meter, and the identification of all rates and quantities attributable to each block in the applicable rate structure. The master-meter customer shall also post, in a conspicuous place, the applicable prevailing residential gas or electrical rate schedule, as published by the corporation. (f) The commission shall require that every electrical and gas corporation shall notify each master- meter customer of its responsibilities to its users under this section. (g) The commission shall accept and respond to complaints concerning the requirements of this section through the consumer affairs branch, in addition to any other staff that the commission deems necessary to assist the complainant. In responding to the complaint, the commission shall consider the role that the office of the county sealer in the complainant's county of residence may have in helping to resolve the complaint and, where appropriate, coordinate with that office. § 204. "Corporation" "Corporation" includes a corporation, a company, an association, and a joint stock association. § 205. "Person" "Person" includes an individual, a firm, and a copartnership. § 216. "Public utility" (a) "Public utility" includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 7 of 11 (b) Whenever any common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation performs a service for, or delivers a commodity to, the public or any portion thereof for which any compensation or payment whatsoever is received, that common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation, is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part. (c) When any person or corporation performs any service for, or delivers any commodity to, any person, private corporation, municipality, or other political subdivision of the state, that in turn either directly or indirectly, mediately or immediately, performs that service for, or delivers that commodity to, the public or any portion thereof, that person or corporation is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part. (d) Ownership or operation of a facility that employs cogeneration technology or produces power from other than a conventional power source or the ownership or operation of a facility which employs landfill gas technology does not make a corporation or person a public utility within the meaning of this section solely because of the ownership or operation of that facility. (e) Any corporation or person engaged directly or indirectly in developing, producing, transmitting, distributing, delivering, or selling any form of heat derived from geothermal or solar resources or from cogeneration technology to any privately owned or publicly owned public utility, or to the public or any portion thereof, is not a public utility within the meaning of this section solely by reason of engaging in any of those activities. (f) The ownership or operation of a facility that sells compressed natural gas at retail to the public for use only as a motor vehicle fuel, and the selling of compressed natural gas at retail from that facility to the public for use only as a motor vehicle fuel, does not make the corporation or person a public utility within the meaning of this section solely because of that ownership, operation, or sale. (g) Ownership or operation of a facility that has been certified by the Federal Energy Regulatory Commission as an exempt wholesale generator pursuant to Section 32 of the Public Utility Holding Company Act of 1935 (Chapter 2C (commencing with Section 79) of Title 15 of the United States Code) does not make a corporation or person a public utility within the meaning of this section, solely due to the ownership or operation of that facility. (h) The ownership, control, operation, or management of an electric plant used for direct transactions or participation directly or indirectly in direct transactions, as permitted by subdivision (b) of Section 365, sales into the Power Exchange referred to in Section 365, or the use or sale as permitted under subdivisions (b) to (d), inclusive, of Section 218, shall not make a corporation or person a public utility within the meaning of this section solely because of that ownership, participation, or sale. § 218. "Electrical corporation" (a) "Electrical corporation" includes every corporation or person owning, controlling, operating, or managing any electric plant for compensation within this state, except where electricity is generated on or distributed by the producer through private property solely for its own use or the use of its tenants and not for sale or transmission to others. (b) "Electrical corporation" does not include a corporation or person employing cogeneration technology or producing power from other than a conventional power source for the generation of electricity solely for any one or more of the following purposes: (1) Its own use or the use of its tenants. Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meefing Date: 11/5/08 Page 8 of 11 (2) The use of or sale to not more than two other corporations or persons solely for use on the real property on which the electricity is generated or on real property immediately adjacent thereto, unless there is an intervening public street constituting the boundary between the real property on which the electricity is generated and the immediately adjacent property and one or more of the following applies (A) The real property on which the electricity is generated and the immediately adjacent real property is not under common ownership or control, or that common ownership or control was gained solely for purposes of sale of the electricity so generated and not for other business purposes. (B) The useful thermal output of the facility generating the electricity is not used on the immediately adjacent property for petroleum production or refining. (C) The electricity furnished to the immediately adjacent property is not utilized by a subsidiary or affiliate of the corporation or person generating the electricity. (3) Sale or transmission to an electrical corporation or state or local public agency, but not for sale or transmission to others, unless the corporation or person is otherwise an electrical corporation. (c) "Electrical corporation" does not include a corporation or person employing landfill gas technology for the generation of electricity for any one or more of the following purposes: (1} Its own use or the use of not more than two of its tenants located on the real property on which the electricity is generated. (2) The use of or sale to not more than two other corporations or persons solely for use on the real property on which the electricity is generated. (3) Sale or transmission to an electrical corporation or state or local public agency. (d) "Electrical corporation" does not include a corporation or person employing digester gas technology for the generation of electricity for any one or more of the following purposes: (1) Its own use or the use of not more than two of its tenants located on the real property on which the electricity is generated. (2) The use of or sale to not more than two other corporations or persons solely for use on the real property on which the electricity is generated. (3) Sale or transmission to an electrical corporation or state or local public agency, provided, however, that the sale or transmission of the electricity service to a retail customer shall only be provided through the transmission system of the existing local publicly owned electric utility or electrical corporation of that retail customer. (e) The amendments made to this section at the 1987 portion of the 1987-88 Regular Session of the Legislature do not apply to any corporation or person employing cogeneration technology or producing power from other than a conventional power source for the generation of electricity that physically produced electricity prior to January 1, 1989, and furnished that electricity to immediately adjacent real property for use thereon prior to January 1, 1989. § 222. "Gas corporation" "Gas corporation" includes every corporation or person owning, controlling, operating, or managing any gas plant for compensation within this state, except where gas is made or produced on and distributed by the maker or producer through private property alone solely for his own use or the use of his tenants and not for sale to others. Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 9 of 11 "Gas corporation" shall not include a corporation or person employing landfill gas technology for the production of gas for its own use or the use of its tenants or for sale to a gas corporation or state or local public agency, except that if the gas produced is of such insufficient quality or heating value that it is unacceptable for introduction into the line, plant, or system of a gas corporation or state or local public agency, the person or corporation employing landfill gas technology may without becoming a gas corporation for purposes of this part sell the gas so produced to not more than four other corporations or persons. § 739.5. Master meter and submeter service; Uniform rates; Public safety customer services; Maintenance and repair; Itemized bill; Notification of responsibilities; Response to complaints (a) The commission shall require that, whenever gas or electric service, or both, is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer shall charge each user of the service at the same rate which would be applicable if the user were receiving gas or electricity, or both, directly from the gas or electrical corporation. The commission shall require the corporation furnishing service to the master- meter customer to establish uniform rates for master-meter service at a level which will provide a sufficient differential to cover the reasonable average costs to master-meter customers of providing submeter service, except that these costs shall not exceed the average cost that the corporation would have incurred in providing comparable services directly to the users of the service. (b) Every master-meter customer of a gas or electrical corporation subject to subdivision (a) who, on or after January 1, 1978, receives any rebate from the corporation shall distribute to, or credit to the account of, each current user served by the master-meter customer that portion of the rebate which the amount of gas or electricity, or both, consumed by the user during the last billing period bears to the total amount furnished by the corporation to the master-meter customer during that period. (c) An electrical or gas corporation furnishing service to a master-meter customer shall furnish to each user of the service within a submetered system every public safety customer service which it provides beyond the meter to its other residential customers. The corporation shall furnish a list of those services to the master-meter customer who shall post the list in a conspicuous place accessible to all users. Every corporation shall provide these public safety customer services to each user of electrical or gas service under a submetered system without additional charge unless the corporation has included the average cost of these services in the rate differential provided to the master-meter customer on January 1, 1984, in which case the commission shall deduct the average cost of providing these public safety customer services when approving rate differentials for master-meter customers. (d) Every master-meter customer is responsible for maintenance and repair of its submeter facilities beyond the master-meter, and nothing in this section requires an electrical or gas corporation to make repairs to or perform maintenance on the submeter system. (e) Every master-meter customer shall provide an itemized billing of charges for electricity or gas, or both, to each individual user generally in accordance with the form and content of bills of the corporation to its residential customers, including, but not limited to, the opening and closing readings for the meter, and the identification of all rates and quantities attributable to each block in the applicable rate structure. The master-meter customer shall also post, in a conspicuous place, the applicable prevailing residential gas or electrical rate schedule, as published by the corporation, (f) The commission shall require that every electrical and gas corporation shall notify each master- meter customer of its responsibilities to its users under this section. (g) The commission shall accept and respond to complaints concerning the requirements of this section through the consumer affairs branch, in addition to any other staff that the commission deems necessary to assist the complainant. In responding to the complaint, the commission shall consider the Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date; 11/5!08 Page 10 of 11 role that the office of the county sealer in the complainant's county of residence may have in helping to resolve the complaint and, where appropriate, coordinate with that office, COUNTY OF INYO, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; LOS ANGELES DEPARTMENT OF WATER AND POWER, Real Party in Interest S.F. No. 23990 Supreme Court of California 26 Cal. 3d 154; 604 P.2d 566; 161 Cal. Rptr. 172; 1980 Cal. LEXIS 131 January 7, 1980 DISPOSITION: The order of the Public Utilities Commission is affirmed CASE SUMMARY PROCEDURAL POSTURE: Petitioner county sought review of a ruling by respondent public utilities commission (PUC) (California), which held that it did not have jurisdiction over municipally owned utilities unless expressly provided by statute, and that the legislature had not granted the PUC such jurisdiction. Petitioner had sought to have respondent PUC regulate the water rates charged by the respondent city department of water and power, real party in interest. OVERVIEW: Petitioner county sought review of respondent public utilities commission (PUC)'s ruling that it did not have the authority to regulate the water rates being charged citizens of petitioner county by respondent city department of water and power, real party in interest. Petitioner emphasized the need for respondent PUC to regulate because petitioner's residents were unable to vote in municipal elections and therefore, lacked any political leverage to prevent exploitation by respondent city department of water and power. ey purchasing water rights, the city had acquired virtually complete control of valley water. The city's authority to acquire the water rights were granted to it by Cal. Const. art. XI. & 9 and Los Angeles, Ca., City Charter 211 ' .The court agreed with respondent PUC that it lacked the authority to regulate the water rights in the county. The court held that California statutes failed to grant respondent PUC any authority over municipal utilities other than common carriers, and the legislature had the authority under Cal. Const. art. XI, 5 5, to grant the authority. The order of respondent PUC was upheld. OUTCOME: The order of respondent public utility commission that it lacked authority to regulate the water rates being charged residents of the county by the city department of water and power was affirmed, because the commission had no inherent or statutory authority to regulate the water rates for the county. Kennedy v. City of Ukiah, 69 Cal. App. 3d 545 CALIFORNIA OFFICIAL REPORTS SUMMARY In a mandamus proceeding, brought to challenge the validity of sewer and water charges that had been imposed by the resolutions of the city council of a general law city, the trial court found that the charges had been properly adopted and that they were not "standby" charges, but were charges for services actually provided, and denied a writ of mandate. At a regularly scheduled meeting of the five- member city council, the three council members present had unanimously adopted the two resolutions. The first resolution imposed a monthly sewer service charge of $ 3.25 on each dwelling or family unit (including mobile homes, apartments, and similar units), and the second resolution imposed a monthly water charge of $ 2.50 per dwelling unit (in excess of one unit) on each unit of multiple dwelling units served by a master water meter. (Superior Court of Mendocino County, No. 35361, Timothy W. O'Brien, Judge.) Subject: Regulation of charges by mobile home park for City furnished water and sewer service Meeting Date: 11/5/08 Page 11 of 11 The Court of Appeal affirmed. With respect to the sewer service charge, the court held that Health & Saf. Code. 5 5471 (which authorizes a legislative body to set sewer system rates by an ordinance approved by atwo-thirds vote of its members) was not the sole, nor necessarily the controlling, means for revising sewer service rates, and that the sewer service charge was properly adopted in compliance with the Revenue Bond Law of 1941 (Gov. Code, 5 54300 et seq.}, under which the city had financed and built its sewer system, and in compliance with the quorum requirement of Gov. Code. 5 36810. The court also held that no notice of, or hearing on, the resolution imposing the sewer service charge had been necessary. With respect to the water charge, the court defined a "standby" or "immediate availability" charge (as those terms are used in Gov. Code, 5 38743) as fees exacted for the benefit that accrues to property by virtue of its having water available to it, and held that the water charge was not a "standby" or "immediate availability" charge such that the city was required to provide notice of, and a hearing on, the resolution that imposed the charge. The court also rejected the contention that the water charge on multiple dwelling units constituted a violation of the equal protection of the laws with respect to the residents of such units. (Opinion by Scott, J., with Draper, P. J., and Good, J., z concurring.) ITEM NO.; 10d MEETING DATE: November 5, 2008 AGENDA SUMMARY REPORT SUBJECT: ELECTRIC UTILITY REPORT ON ENERGY EFFICIENCY THROUGH THE PUBLIC BENEFITS PROGRAM. Background: The purpose of this report is to update the Council on the progress in energy efficiency savings associated with the Public Benefits program compared with the performance goals set by the City Council. In addition, this report is intended to provide a legislative update on reporting requirements and direction of future programs. California's comprehensive restructuring legislation, AB 1890, became effective in September 1996. That law requires utilities such as the City of Ukiah to establish a Public Benefit Fund/charge. The money collected (2.85% of revenue) is to be used for public benefit programs in one or more of four categories: (1) Cost-effective Demand-side Management; (2) Renewable Energy Resources and Technologies; (3) Research, Development and Demonstration programs; and (4) Services for Low Income Electric Customers (including Rate Subsidies) The Ukiah City Council retains the authority for allotment of its Public Benefit funds to each of the categories listed above. This presentation (attachment 1) outlines the Demand-side Management program progress, electric sales, Public Benefit Legislation, City set target goals for energy conservation, program performance and future enhancements and new programs. Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Recommended Action(s): Informational only, no action by Council is required. Alternative Council Option(s): N/A Citizens advised: None Requested by: Prepared by: Mel Grandi, Electric Utility Director Coordinated with: Jane Chambers, City Manager Attachments: 1 -Presentation, Electric Utility Report on Energy Efficiency Through Public Benefits. Approved: tiT ~ ~ ~ ~~~ Jang ~ ambers, City Manager A7-iACHME~`JT ~ ~ pr"'-, G.. 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Background: On July 19, 2006, the Council awarded a contract to Energy Services Group LLC (ESG) for Public Benefits program assessment, revision, turn-key administrating, and reporting. The initial program assessment and program revisions were completed in the second quarter of 2007 at which time the turn-key and reporting phases of the contract were started. To date ESG has developed and maintained Ukiah's Energy Efficiency programs and has maintained program compliance with the California state requirements. Amendment 1 addresses the contractor's higher travel costs, additional record and reporting requirements, and authorizes the City Manager to extend the contract up to two, one-year extensions. Specific changes include: 1) increase the charge for each added day of field work and travel cost both due to increased travel and lodging expense, 2) increase the scope of services -insuring compliance with AB 2021 and other on- going reporting changes, 3) ESG to attend Public Benefit meetings (this cost is shared between a total of four utilities), and 4) authorize the City Manager to approve two additional one year contract extensions. The amendment (Attachment 1) itemizes the proposed fee changes. California's comprehensive restructuring legislation, AB 1890, became effective in September 1996. That law requires utilities such as the City of Ukiah to establish a Public Benefit Fund/charge. The money collected (2.85% of revenue) is to be used for public benefit programs in one or more of four categories: (1) Cost-effective Demand-side Management; (2) Renewable Energy Resources and Technologies; (3) Research, Development and Demonstration programs; and (4) Services for Low Income Electric Customers (including Rate Subsidies) Continued on Page Recommended Action(s): Approve amendment 1 to the professional services agreement between Efficiency Services Group, LLC and the City of Ukiah, and authorize the City Manager the authority to approve up to two yearly contract extensions. Alternative Council Option(s): Council reject Amendment 1 and provide further direction to staff. Citizens advised: None Requested by: Mel Grandi, Electric Utility Director Prepared by: Mel Grandi, Electric Utility Director Coordinated with: Jane Chambers, City Manager Attachments: 1 -Amendment 1 to the Professional Services Agreement Between GBH Efficiency Services Group and the City of Ukiah Approved: ~ ~~ ' ~~ Ja Chambers, City Manager Subject: Amendment to Professional Services Agreement -Efficiency Services Group Meeting Date: November 5, 2008 Page 2 of 2 Fiscal Impact: The fiscal impact of this amendment will increase contract expenditures by an additional $ 9,600.00 per year based on current projections. The funds for this amendment are available within the approved 2008/09 Budget. Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 62,000.00 E U-Public Benefit Services 806.3765.250.007 ATTACHMENT / CITY OF UKIAH AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENT BETWEEN GBH EFFICIENCY SERVICES GROUP and THE CITY OF UKIAH This Amendment No. 1, entered on 2008, revises the Agreement for Professional Services dated August 29, 2006 ("ESG Contract', between the City of Ukiah and GBH Efficiency Services Group, LLC (ESG), for professional consulting services relating to the City of Ukiah's Public Benefts Program for Assessment, Development Administration, Auditing and Energy Reporting. This Amendment No. 1 addresses the expanded scope of services associated with AB 2021 evaluation, monitoring and verification requirements, AB 1 Solar Program Support and attendance of monthly Public Benefit meetings. All prices are not to exceed targets. Billing will be actual expenses. The term of this ESG Contract and Amendment No. 1 are for three years effective July 1, 2008 with yearly contract extensions authorized by City Manager at or near July 1 of each year. Contract changes of work scope or cost increases will be approved by the Ukiah City Council. Except as expressly amended by this Agreement, all other terms and conditions of the EGS Contract remain unchanged and in full force and effect. Exhibit A, Page 5 of 9, Pricing: DESCRIPTION: 1. Additional days of field work in Ukiah (beyond 12 per year) would be charged at a daily rate of $800 per day. 2. Travel and overnight costs will be in addition to the costs listed above and are expected to be approximately $450 per trip. ADDITIONAL SERVICES: 3. Expanded scope of services associated with compliance with AB 2021 evaluation, monitoring and verifcation that includes all reporting analysis and field monitoring. 4. Additional solar program support related to SB 1, legislative and regulatory monitoring, program development and implementation associated with state mandated changes. 5. Attendance monthly NCPA/Public Benefit Meetings. Change $60 per day $60 per day $300 per month $200 per month $200 per month IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS Amendment to the EBA Contract on the Effective Date: BY: PRINT NAME: IRS IDN Number BY: Jane Chambers CITY MANAGER ATTEST Linda Brown CITY CLERK Date Date Date ITEM NO.: MEETING DATE: ( Ill/ ,l~ ~l/~Il(ll AGENDA SUMMARY REPORT 10f November 5, 2008 SUBJECT: DISCUSSION AND POSSIBLE ACTION ON ITEMS REMAINING FROM THE SEPTEMBER 17, 2008 JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE UKIAH CITY COUNCIL Background: On October 1, 2008 staff brought forward a discussion of procedures for staff to follow regarding joint meetings with the City Council and the Ukiah Valley Sanitation District (Sanitation District). Though this discussion did air many concerns that staff had with the probable joint meeting demands from the Sanitations District, a formal procedure was not adopted. Council did direct staff to agendize the items that remained from the September 17, 2008 joint meeting for a future Council meeting. Three items from this meeting remain to be acted upon and were held over for a new joint meeting to be scheduled. In response to direction from the Council, staff has prepared some data for the three items listed below. Staff will be preparing agenda items for the future joint meeting and would like to give the City Council an opportunity to review these items and direct staff to gather any other information on these items that may be helpful in presenting these items at the joint meeting. Discussion: Specifically with respect to the September 17, 2008 meeting, there were three items that were not discussed. These items were items were 2b, 2c and 2e on the agenda (Attachment 1). Also attached are the three staff reports from the District Manager (Attachment 2, 3 and 4). In order to not be repetitive in this report items one through three that follow are comments on the District Managers recommendations. 1. The first item 2b (Attachment 2) is the modification of the master meter policy for multifamily and mobile home parks. The District Manager is not in favor of a change to a master meter for these types of facilities. City staff agrees that the master meter policy would be a difficult policy to implement. A master meter on these facilities would make it difficult to collect delinquent bills from ed on Recommended Action(s): Discuss the three items remaining form the September 17, 2008 joint meeting and provide direction on any additional data that the City Council may want included in the staff reports that will be prepared for the future joint meeting with the Sanitation District. Alternative Council Citizens advised: Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works/City Engineer; Ann Burck, Interim Water and Sewer Operations. Supervisor. Coordinated with: Jane Chambers, City Manager Attachments: 1. Agenda joint meeting September 17, 2008 2. Sanitation District Report 2b 3. Sanitation District Report 2c 4. Sanitation District Report 2e 7 Approved: ~" + ~ J Chambers, City Manager INFORMATION ON ACTION ITEMS REMAINING FROM THE SEPTEMBER 17, 2008 JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE UKIAH CITY COUNCIL Meeting Date: November 5, 2008 Page 2 of 2 customers. The City would have no ability to disconnect service. It would also add aditional effort to track tenants that we currently do not have as customers. This would lead to decreased revenues and significant increase in staff expenses. 2. The second item 2c (Attachment 3) is the re-analysis of the sewer connection fee. The District Manager is concerned that the rate of new connections is low and that the rate should be re- analyzed in order to pay the annual debt payments. A study of this kind would be a considerable expense. The rate of connections sold, that was determined for the debt payment, will not be accurate for a small sampling of years. The rate of new connections will fluctuate over each year. The rate was determined over a twenty year period. The rate of new connections was based on growth projections in both the City and District using historical population trends. Staff would be concerned that this approach would lead to a re-analysis every few years. The third item 2e (Attachment 4) is regarding the City financially participating in the Sanitation Districts responsibility to reimburse the County of Mendocino for the services of the Deputy CEO (Paul Cayler) during his participation of the Ad Hoc Committee. The District Manager's general position is that the City Council authorized the formation of the Ad Hoc Committee and therefore should share in the cost that was borne by the committee. City staff's general opinion is that the City Council did appoint the Ad Hoc Committee however, did not authorize any expenditure and was not informed that there would be any costs to this committee therefore these expenses should not be paid for by the joint 612 sewer fund. The amount for these services to the 612 fund would be $919.15. Staff is requesting Council direction on responding to the recommendations of the Sanitation District's Manager on behalf of the City. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required ATTACHMENT CITY OF UKIAH SPECIAL MEETING AGENDA Joint Meeting Between the City Council and Ukiah Valley Sanitation District CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 17, 2008 4:30 p.m. ROLL CALL 2. a. b. Discussion and Possible Action Concerning the Modification of the Master Meter Policy Pertaining to Multi-family Residential Units and Mobile Home Parks of More than Four Units or Spaces and the return to Individual Sewer Billing c. Discussion and Possible Direction to Staff Regarding a Recommendation to Perform a Re- analysis of the Sewer Connection Fee d. Discussion and Possible Direction to Staff Regarding Joint Participation in a Public Awareness Program for a Pending Pick-up Program of Unwanted or Expired Pharmaceuticals Being Considered by the Mendocino Solid Waste Management Authority (MSWMA) e. Discussion and Possible Approval of Sharing the Cost of Services Being Provided to the Joint Sewer Ad-Hoc Committee by the County Deputy. Chief Executive Officer 3. 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 far everyone tc be heard, please limit your comments to three (3) minutes par person and not mare than ten (10) minuses 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. 4. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or Interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate Individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after dlstrfbutlon of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board et the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 12th day of September, 2006. Linda Brown, City Clerk ATTACHMENT ~ ITEM N0. 2b UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT FOR THE JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT AND THE UKIAH CITY COUNCIL SEPTEMBER 17, 2008 DISCUSSION AND POSSIBLE ACTION CONCERNING THE MODIFICATION OF THE MASTER METER POLICY PERTAINING TO MULTIFAMILY RESIDENTIAL UNITS AND MOBILE HOME PARKS OF MORE THAN 4 UNITS OR SPACES AND THE RETURN TO INDIVIDUAL SEWER BILLING. SUMMARY As requested by Mayor/Director Crane and as directed by the District Board, this matter is being submitted for joint discussion, consideration and possible action by the District Board of Directors and the Ukiah City Council. As a result of public comment and interest, the District Board has been considering the merits of revising the master meter policy as that policy pertains to multifamily residential complexes and mobile home parks of more than four units or spaces to allow for individual tenant sewer billings. Currently, under the master meter policy, the owners of apartment complexes and mobile home parks or the individual who has applied for and is responsible for the water bill for the particular property is issued and is responsible for the sewer bill. The property owner or property manager subsequently invoices the tenants for sewer service either separately or as part of the rent. DISCUSSION On August 27, 2008, the District Manager submitted a recommendation to the District Board that the master meter policy as it pertains to the referenced customer classification not be modified to allow the issuance of sewer bills to the tenants. The basis of the recommendation is presented in the attached Agenda Summary Report to the District Board and dated August 27, 2008. As requested by Supervisor/Director Delbar and as directed by the District Board, the District Manager was directed to return to the Board with (1) current and historical data pertaining to delinquent sewer billings and (2) a mode] agreement between the District and a Property Owner making the property owner responsible for paying their tenants delinquent sewer bills should the District allow the property owner an option of receiving either a composite or individual tenant sewer billing. Delinquent Sewer Billin¢s The Aged Accounts Receivables for UVSD as of 1/31/08 indicate that: 1. $92,342.37 delinquent over 90 days 2. $17,879.04 delinquent between 61 and 90 days The Aged Accounts Receivables for UVSD as of 2/29/08 indicate that: 1. $96,524.76 delinquent over 90 days 2. $18,410.39 delinquent between 61 and 90 days The Consumer Accounts Receivable-Bad Debts for UVSD dated 3/5/08 indicate $180,964.88 in bad debt The Debtor Status Report Prepared for the City of Ukiah by Credit Bureau of Ukiah, Inc. dated 5/19/08 (appears to be District customers based on listed addresses) indicate that $143,204.70 of bad debt has been referred to them for collection and that $97,766.63 remains to be collected. Oldest date of account in arrears is 1998. Based on the service address provided in the listing, it appears that the majority of the delinquent payments are tenants of apartments. Regarding the model agreement in support of an elective sewer billing program, County Counsel is in the process of crafting a draft document. FISCAL IMPACT If the current master meter policy as it pertains to sewer billings for multifamily residential units and mobile home parks of more than 4 units or spaces is modified to require individual billings to the tenants of the referenced complexes, it is anticipated that delinquent accounts will increase and revenue needed by the District to support the maintenance, operation, and debt service of the Sewer Collection and Treatment System will be reduced. RECOMMENDED ACTIONS Jointly discuss and consider the issues and provide direction to staff. The District Manager continues to recommend that the current master meter policy not be revised to permit individual sewer billings. ALTERNATIVE ACTIONS Please refer to other options as provided in the attached ASR to the District Board dated August 27, 2008 ATTACHMENTS Agenda Summary Report to the UVSD Board dated August 27, 2008. Rick Kermedy, PE, UVSD District Manager 3 ATTACHMENT ITEM NO. 2c UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT FOR THE JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT AND THE UKIAH CITY COUNCIL SEPTEMBER 17, 2008 DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING A RECOMMENDATION TO PERFORM A RE-ANALYSIS OF THE SEWER CONNECTION FEE SUMMARY On August 27, 2008, the District Manager submitted a recommendation to the District Board that a review and re-analysis of the sewer connection fee be performed. Based on discussions with the City Finance Director and follow-up calculations, the District Manager had concerns that the current fee amount for the sewer connection fee may not generate sufficient revenue to payoff the remaining debt service related to the expansion component of the Wastewater Treatment Plant (WWTP). The District Manager further recommended to the Board that they submit a request to the City that a Financial Consultant be hired to perform a review and re-analysis of the sewer connection fee. As requested by Mayor/Director Crane and as directed by the District Board, this matter is being submitted for joint discussion, consideration and possible action by the District Board of Directors and the Ukiah City Council. DISCUSSION The annual debt payments of principal and interest for the expansion component of the Wastewater Treatment Plant Upgrade and Expansion Project are $638,000 and $344,000 for the District and City, respectively. These payments are to be made unti12036 requiring 27 annual payments totaling $17,226,000 for the District and $9,288,000 for the City. As of the August 20, 2008 ESSU Accounting Report, there remains 978 and 620 ESSUs to be allocated within the District and City, respectively. Of the ESSUs that have been allocated within the District, there are approximately 372 ESSUs that have been allocated via Will Serve Letters or Conditional Will Serve Letters and not paid for. These allocated and unpaid ESSUs are assigned to RCHDC Lakewood Homes Subdivision (62), Ukiah Land Mixed Use Project (210), and Ukiah Land Multifamily Project (100). Combining the allocated and unpaid ESSUs with the remaining unallocated ESSUs for the District, there are 1350 ESSUs for which payment will be received in the future. Attached to this Agenda Summary Report as Attachment 1, is the "Report on Sewer Connection Fee' prepared by Bartle Wells Associates (BWA) and dated December 26, 2005 (the Report). As indicated on page 4 of the Report, there are two parts to the Sewer Connection fee. The first part of the fee is the "Buy-in Fortiori' and it has been determined to be $1,426 per ESSU based on an estimated System Evaluation of $15,207,000. The second part is the "Marginal Portion" which represents the cost to add the capacity to the WWTP. The "Marginal Portion' of the connection fee was calculated to be $9,485 per ESSU based on the estimated costs of the Project which are shown on page 3 of the Report. With 1350 ESSUs remaining to be allocated and remaining to be paid within the District, $12,804,750 will be generated from the "Marginal Portion' of the fee. As stated above, the District will make 27 annual payments totaling $17,226,000 and subtracting the anticipated remaining revenue potential of $12,804,750, interest income of $4,421,250 from the Fund Balance within the District's Capital Fund, Fund 650, is needed. The "Buy-in Portion' of the connection fee will generate anticipated revenue of $1,925,100 for the remaining 1350 ESSUs to be allocated and/or paid for within the District. As indicated in the 8 Exhibits attached to this Agenda Summary Report as Attachment 2, timing of ESSU allocation and payment is critical. As can been seen from comparing Exhibits 1 and 2, a difference of 6 years in the remaining period within which the ESSUs may be allocated can mean a 2036 Ending Fund Balance of $3,429,990 for a period of 17 years versus a Fund Balance of $43,199 for a period of 23 years. Under the assumed parameters of Exhibit 1, an additional $1,504,890 is realized in the Fund Balance over the amount needed for the "Buy-in Fortiori' ($1,925,100). Under the parameters for exhibit 2, a deficit of $1,881,901 in the "Buy-in Fortiori' is created. Attached to this Agenda Summary Report as Attachment 3 are ESSU Accounting Reports dated August 20, 2008 and August 20, 2007 and the ESSU Statistics Report for March 2008 and March 2007. In comparing the two ESSU Statistics Report, it can be seen that 7 ESSUs were allocated/paid during the one year period for the District. In comparing the August ESSU Accounting Reports, it is noted that 114 ESSUs were allocated but of this total, 100 ESSUs were recently allocated to the Ukiah Land Multifamily Project. Payment far these 100 ESSUs may not be forthcoming unti12009. The District must "sell" 58.5 ESSUs per year to make the annual debt service payment for the expansion. But as shown from the results of the Exhibits, a positive fund balance is needed to create investment income which is needed to retire the debt. With the downturn in the housing industry, we can expect to sell limited ESSUs. The District Manager is recommending that the services of a Financial Consultant be obtained to create various financial scenarios that represent the financial market and to develop worst case financial situations that could occur and to provide recommendations that, if implemented, could correct potential shortfalls. FISCAL IMPACT The downturn in the housing construction has reduced the need for new sewer connections creating a reduction in the Fund Balance of the District's Capital Improvement Fund, Fund 650. To offset the annual debt service payment of $638,000, 58.5 ESSUs must be allocated and payment received per year. As indicated in the approved 08/09 budget, the connection fee receipt for 07/08 is projected to be $162,867 (equal to 15 ESSUs). It is anticipated that the downturn in housing starts will continue during the new fiscal year. It is imperative that the assumptions utilized in the Connection Fee Study be reviewed and new analyses be performed and, if necessary, revisions be made to the amount of the connection fee. RECOMMENDED ACTIONS Direct staff to acquire the services of a Financial Consultant as soon as possible for the purpose of reviewing the assumptions made in the BWA Connection Fee Report, to perform analyses for various financial conditions and ESSU allocation and payment timing, and to make recommendations for remedial measures. ALTERNATIVE ACTIONS Provide other direction to staff ATTACHMENTS 1. Report on Sewer Connection Fees prepared by Bartle Wells Associates and dated December 26, 2005. 2. Exhibits 1 through 8 with differing ESSU allocation timing 3. ESSU Accounting Reports for August 2008 and 2007 and ESSU Statistics Report for March 2008 and 2007 Manager Rick Kennedy, PE, UVSD District 3 ATTACFiP~I[NT _,,,,,~~ ITEM NO. 2e UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT FOR THE JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT AND THE UKIAH CITY COUNCIL SEPTEMBER 17, 2008 DISCUSSION AND POSSIBLE APPROVAL OF SHARING THE COST OF SERVICES BEING PROVIDED TO THE JOINT SEWER AD HOC COMMITTEE BY THE COUNTY DEPUTY CHIEF EXECUTIVE OFFICER AND POSSIBLE APPROVAL OF BUDGET AMENDMENT TO FUND 612 SUMMARY Submitted for joint consideration and approval by the Board of Directors and the City Council, is a request from the District Board that the expenses incurred for services provided to the Joint Sewer Ad Hoc Committee by the Deputy CEO (Paul Cayler) be jointly shared by the District and City and expensed to the Joint Sewer Fund 612. As reported by the Deputy CEO, 15.5 hours were expended assisting the Joint Sewer Ad Hoc Committee with the taking and publishing of minutes and the publishing and posting of agendas at a cost of $919.15. It is requested that a budget amendment in the amount of $919.15 be made to account 612.3505.250 of Fund 612, that the authorized expenditure limit for the account be increased accordingly from funds within the unobligated Fund Balance of Fund 612 and that the District be reimbursed $919.15. DISCUSSION By joint action of the District Board of Directors and the Ukiah City Council on February 6, 2008, the formation of the Joint Ad Hoc Committee (the Joint Committee) was authorized for the purpose of examining and making recommendations regarding sewer system governance. Paul Cayler, Deputy CEO, provided minute taking, minute publishing and the posting of agenda's for the Joint Committee's meetings as requested. From March 3, 2008 to June 23, 2008, Mr. Cayler expended 15.5 hours in providing the requested services to the Joint Committee as shown on the attached time log and at a cost of $919.15. On August 27, 2008, the CEO's claim for various services provided to the District including the effort provided to the Joint Committee was submitted to the District Board for payment approval. The District Board approved the total payment of $5,915.18 but the District Board noted that it was not appropriate to charge the Disfrict's Fund 3870 for the expenses related to the services provided to the Joint Committee since the Joint Committee was exercising its duty pursuant to joint directives from the District Board and the City Council. Although the District Board approved the payment and authorized the expense of the entire claim to Fund 3870 so as not to delay payment to the County, the District Board directed the District Manager to seek reimbursement for the expenses related to the services provided to the Joint Committee. FISCAL IMPACT Expenses related to services being provided to the Joint Committee were not budgeted within the Joint Sewer Fund 612. It is recommended that the referenced Joint Committee expense be charged to account 612.3505.250.000, Contractual Services. The authorized funding limit for this account is not sufficient to cover the expense of $919.15 and it is recommended that the funding limit for account 612.3505.250.000 be increased by re- assigning an equal amount of funds from the unobligated fund balance of Fund 612; the Projected Fund Balance Ending for Fund 612 would be reduced by $919.15. RECOMMENDED ACTIONS 1. Approve the budget amendment request to account 612.3505.250.000 in the amount of $919.15, said funds to be taken from the unobligated fund balance of Fund 612. 2. Direct the Finance Director to issue a check in the amount $919.15 to the Ukiah Valley Sanitation Disfrict. The District Manager is directed to deposit the funds in the District's Fund 3870. ALTERNATIVE ACTIONS Provide other direction to staff ATTACHMENTS 1. Claim from the County Executive Office and Time Log 2. Agenda Summary Report to the District Board for the meeting of August 27, 2008 Manager Rick Kennedy, PE, UVSD District 2 ITEM NO.: MEETING DATE: r-,~,~ ~,~ z~ti;«F, AGENDA SUMMARY REPORT 11a November 5, 2008 SUBJECT: APPROVE RELOCATION OF CALSTAR OPERATIONS TO HANGAR 9 PENDING APPROVAL OF USE PERMIT TO COMPLY WITH CAL TRANS AERONAUTICS DIVISION FINDING THAT CURRENT LOCATION IS UNSAFE FOR CALSTAR'S CURRENT OPERATION; AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE CALSTAR'S LEASE. Background: Approximately five years ago, Cal Trans Aeronautics Division determined that CALSTAR's current location was unsafe due to the close proximity of the helicopter rotor blades during landing and takeoff to a hillside. In addition, there were safety concerns related to the closeness in which the CALSTAR helicopter must fly to light fixed wing aircraft where the rotor air blast could cause damage to the light fixed wing aircraft flight controls. Discussion: At this time, there is no location on the airport that is ideal for CALSTAR's operation. The most suitable location at this time is the recently vacated hangar 9 formerly used by DHL for air cargo operations. The hangar 9 area offers a safer and larger space for CALSTAR to operate in. The hangar 9 area will put CALSTAR 180 feet from the closest tie down area of light fixed wing aircraft. CALSTAR's current location has less than 50 feet from the light fixed wing aircraft tie down area. Both CALSTAR and Cal Trans Aeronautics have agreed to this location as much safer for CALSTAR operations. With the City Council's approval of the proposed relocation, CALSTAR will continue with the use permit process with the City Planning Department to ensure all proper compliance with the City, County, State and Federal rules and regulations. The Airport Commission, with a 3-1 (1 absent) vote, voted in favor of this proposed relocation. The Ukiah Airport Lease Summary is included as Attachment 1. CALSTAR President, Joseph Cook, has requested more time to review the proposed lease and may request some minor adjustments of a technical nature. Staff is requesting the City Council authorize the City Manager to negotiate and execute the final lease document. Recommended Action(s): Approve relocation pending the approval of the use permit. Authorize City Manager to negotiate and execute CALSTAR's lease. Alternative Council Option(s): Provide Staff with alternate direction. Citizens advised: Airport Commission Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager; David Rapport, City Attorney Attachments: 1 -Ukiah Airport Lease Summary 2 - Photos of new location and current location. Approved: Ja Chambers, City Manager Subject: Meeting Date: Page 2 of 2 Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required CALSTAR's current lease is $530.00 per month. The new lease area including hangar and ground rent would increase their monthly rental rate to $1,798.08 per month. The impact to the airport budget might be as much as an additional $15,216.96 per year depending upon the projection used in the development of the Fiscal Year 08/09 budget, which staff is now reassessing for the budget review update. The relocation would also allow additional lease opportunities at CALSTAR's current location. ATTACHMENT UKIAH AIRPORT Lease Summary Type of Agreement LEASE OF BUILDING AND ASSOCIATED AREAS AT UKIAH AIRPORT Lessor City of Ukiah Lessee California Shock Trauma Air Recue Representative Christian R. Giller (Chief Operations Officer) Phone 916-921-4095 Notice Address Lessee Lessor California Shock Trauma Air Recue City of Ukiah 4933 Bailey Loop 1403 South State St McClellan, Ca 95652 Ukiah, CA 95482 Initial Term Five years commencing on Effective Date of Agreement Termination The last day of the sixty (60`") full calendar month following the Effective Date Leased Premises 1. Approximately 3,000 sf of Hangar space identified as Building 9 as shown on Exhibit A 2. Approximately 14,400 sf of air-side paved ground as shown on Exhibit A 3. Approximately 9,112 sf of landscaped area as shown on Exhibit A 4. Approximately 5,760 sf of land-side parking as shown on Exhibit A 5. A roximatel 384 sf of Modular offices ace as shown on Exhibit A Rent lease Year 1: 3,000 sf Hangar space at $0.28 per sf per month $ 840.00 14,400 sf air-side paved ground at $0.03 per sf per month $ 432.00 9,112 sf landscaped area at $O.OOper sf per month $ 0.00 5,760 sf land-side parking at $0.03 per sf per month $ 172.80 384 sf Modular office space at $0.92 per sf per month $ 353.28 $ 1,798.08 Rent Increases CPI adjustments annually July 1. (Reference 2.04 (c)) Security Deposit Initially $3596.16, thereafter adjusted based upon 2 months Base Rent. Utilities Lessee Responsibility. (Reference Section 2.06) Maintenance Most performed by lessee. (Reference Section 2.10) Other Fees Reference Sections 2.06 - 2.09, 2.11, 3.05, 3.11, 3.13, 3.14, 3.20, 3.22, 3.27, 3.38 and 3.50 Authorized Use(s) 24 hour per day Air Ambulance Service, and the sale of CALSTAR Membership. Minimum Insurance Per Exhibit B, summarized as: General Aggregate: $1,000,000 Products Com /O A re ate: $1,000,000 Personal & Adv. Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Damage: $ 1,750,000 Automobile Liability: $1,000,000 Workers' Compensation: Statutory Employer's Liability: $1,000,000 per accident for bodily injury or disease Auto Liability $X million Cargo Legal Liability $XXXXXX Workers Compensation Statutory Employers Liability $X million Note: This Lease Summary is presented as a reference o(the Lease information at the time of Axecution. if there is a discrepancy between the information contained in this Lease Summary and the requirements contained in the remainder of this Lease, the requirements as stated in the remainder of this Lease will be applied. ATTACHMENT ~ _ . _ FEDex Neyv .y ~~'~'~ _ _ ~~ _w. _ ~. y ~ i ~~ ~a~.~~~~ r r r. 1 , ~~e~~~ e- .x .,, ..