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HomeMy WebLinkAbout2009-05-14 Packet - SpecialCITY OF UKIAH CITY COUNCIL AGENDA Special Meeting 3. Discussion and Consideration of Mandatory Water Conservation Measures Required of all City of Ukiah Water Users 4. Discussion and Consideration of Project to Provide Recycled Water for Fire Fighting Purposes (no staff report) 5. Consideration of Resolution of the City of Ukiah Finding a Severe Fiscal Hardship will Exist if Additional City Property Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California 6. PUBLIC COMMENT 7. ADJOURNMENT Please be advised that the City needs to be notified 24 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 24 hours prior to the meeting set forth on this agenda. Dated thisl3th day of May, 2009. Linda Brown, City Clerk Summary: Per Section 22039 of the Public Contracts Code, Staff is requesting Council's approval of Specifications 09-09 for the construction of a well at Oak Manor Drive. Staff is also requesting approval to issue a well drilling contract for this well to Zim Industries. Zim's well drilling cost estimate for the Oak Manor Well is $250,960, the same as its bid for the Gobbi Street Well. There is a cost reduction for the mobilization and demobilization for Oak Manor since Zim is already on site in Ukiah; however, because more sound panels will be required for the Oak Manor Well, the well drilling cost remains the same. Discussion: Staff is proposing to drill a well at Oak Manor Park, between the east end of the tennis courts and the sidewalk. A 5-inch diameter test bore was drilled at this site to a depth of 310 feet. The drill logs and a-logs indicate water-rich coarse sands and fine to medium sized gravels in three distinct zones: 25-200 feet, 215-255 feet and 265-290 feet. The break with the younger alluvium to the older continental deposits looks to occur right about 200 feet - there is big break on the a-log and a transition from lots of gravel to finer sediments right at that location. The driller and geophysical logging company estimate the yield to be 1,500 gallons per minute (2.16 million gallons per day). The proposed test well site meets all the well siting criteria. The property at Oak Manor Drive is located within Recent Alluvium gravel and is of adequate thickness. The regional natural water quality is expected to be good toward the center of the valley, where the site is located. The property is owned by the City and is situated in close proximity to utilities infrastructure. It is located almost 3,000 feet from the river. Continued on Paae 2 Recommended Action(s): 1) Adopt Specification for the Oak Manor Drive Well, City Job #09-09, 2) Issue a Sole Source Contract to Zim Industries for the Construction of the Oak Manor Drive Well, and 3) Authorized a Budget Amendment in the amount of $250,960 and transfer of funds into Account # 820.3908.250.001. Sources for these funds will be determined at the City Council meeting. Alternative Council Option(s): n/a Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director of Public Works - Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: 1. Cover Sheet - Specifications Page 2. Oak Manor Well Site Approved: 61~~ Ja Chambers, City Manager 7 Subject: Oak Manor Well Meeting Date: May 7, 2009 Page 2 of 4 The following data is being collected and analyzed by Taber Consultants from the Gobbi Street Well and the three test bores (Water Treatment Plant, Oak Manor, and mid-point between Gobbi Street Well and Well #4) to identify unique groundwater chemistry signatures that should allow underfloor to be distinguished from percolating groundwater: • Total Dissolved Solids (TDS) by EPA Method 160.01 • Nitrate/Nitrite as Nitrogen by EPA Method 300.0 • Nitrate as N03 by EPA Method 300.0 • Total Kjeldahl Nitrogen (TKN) by EPA Method 351.2 • Ammonia Nitrogen by EPA Method 350.2 • Anion Scan (Cl, F, SO4, P04, Br) by EPA Method 300.0 • Cation Scan (Mg, K, Na, Ca) by EPA Method 6010 • Aluminum, Arsenic, Barium, Boron, Cadmium, Copper, Iron, Lead, Manganese, Mercury, Nickel and Zinc by EPA Method 6010 • Hydroxide, Carbonate and Bicarbonate by EPA Method 310.1 • pH, Alkalinity (as CaC03), and Hardness by STDM/EPA methods Data from these samples will be compared to the same data from samples for the existing wells, the Ranney Collector (which is obviously underflow) and a few river samples, as well. River gauge data will also need to be compared to water levels in the wells to track trends there. Since the Emergency Resolution was adopted by the City Council on March 4, 2009 authorizing the contruction of the Gobbi Street Well without going through a competitive bidding process, there has been a new development which further negatively impacts Ukiah's water supply. At the May 6, 2009 State Water Resources Control Board's (Water Board) Workshop in Sacramento to receive comments on Sonoma County Water Agency's (SCWA) Petition for Temporary Urgency Change to Reduce the Discharge from Lake Mendocino, Pam Jeane, Deputy Chief Engineer of Operations for SCWA testified before the Water Board that SCWA does not believe there is anyway there will be a total inflow of 25,000 acre feet into Lake Mendocion by June 30, 2009 and consequently she also believes the Russian River instream flow requirements for the upper Russian River will be reduced from 75 cubic feet per second (cfs) to 25 cfs from July 1 to October 2, 2009. Victoria Whitney, Deputy Director for Water Rights, Water Board concurred with Ms. Jeane's assessment. On July 1, when the instream flow requirements are reduced from 75 cfs to 25 cfs, the long term impact on the pumping capacity of the Ranney collector well and Well #3 is not known. In the past, staff has seen a direct relationship between the amount of flow in the Russian River and the pumping capacity of these wells. As the flow in the river drops, the water level in the well drops. If the water level drops too low, the pumps have to be turned off to prevent the well from being pumped dry and destroying the pump. The Gobbi Street Well is scheduled to be operational by July 2009. However, this is a new well with no performance history and no proven pumping capacity. The geotechnical data indicates, the pumping capacity should be in excess of 1,500 gpm. However, actual pumping capacity won't be know until the well has been in use for a period of time. As the City Council has been informed previously, the casing on Well #4 has significantly deteriorated. In January 2007, emergency repair work was required on Well #4. The televideo inspection of the well casing found a large gash and sediment at 180 feet, the bottom of the well. The original well depth had been 213 feet. There was a significant amount of iron oxide scale on the inside of the well casing and loss of casing wall thickness. The Specifications for the construction of the Oak Manor Well are essentially the same as the Specifications for the Gobbi Street well, which are available for City Council and public review at the Civic Center Planning Department, 300 Seminary Avenue, Ukiah, California. Fiscal Impact: ❑ Budgeted FY 08/09 X❑ New Appropriation F-1 Not Applicable FX1 Amt. Budgeted Source of Funds (title and Account Number $0 To be Determined 820.3908.250.001 Budget Amendment Required Addit. Approp. Requested $250,960 ATTACHMENT #1 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR OAK MANOR DRIVE WELL SPECIFICATION NO. 09-09 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: April 6, 2009 12:00 p.m. Office of City Clerk L- ® Q) w 3 N N C N C y ? N co m a> .3 o ~ co .ta ii O 5 vJ w k\l @ LH ~o E T ~ a C Q aoo c,j N ~CD T am~~ o-~ a N C G ~ o U i Q & ~y RESOLUTION NO. 2009- ACCOUNTING ACT AND THE UKIAH CITY CODE. WHEREAS: 1. At a special meeting on May 14, 2009, the City Council for the City of Ukiah considered whether an emergency exists warranting the construction of a water well in Oak Manor Park on an emergency basis under Public Contract Code Section 22050 without providing notice inviting bids or awarding the contract on the basis of competitive bids; and 2. The City staff also recommended that the City Council authorize the City Manager to contract with Zim Industries to drill a well at Oak Manor Park as soon as it completes construction of a well at Gobbi and Orchard Streets in the City; and 3. Based on the findings as set forth below the City Council has determined to authorize a budget amendment of $305,000 to perform this Work, which includes well drilling supervision by Taber Consultants (Taber), an organization of geotechnical engineers and geologists; and 4. Taber will develop data concerning the chemistry and the source of the water produced by the well; and 5. The City will use the analysis of the data developed by Taber and other information to determine the water right and procedures that will govern the City's use of the water produced by the well; and 6. For the reasons set forth below, this determination and the procedures, if any, followed in the lawful use of the water produced by the well will be pursued on an emergency basis; and 7. The City staff will seek additional City Council authority, including a budget amendment, to perform the necessary additional work to convert the well into an additional water source to the City water system this summer at which time it will also recommend the procedures, if any, that the City should pursue for the lawful use of the water produced by the well; and 8. These agenda items were scheduled for a special meeting, because the following facts require the construction of the well in less time than would be required, if notice for bids were given and the construction contract for this work were awarded through a competitive bidding process in accordance with the City Code and the Uniform Construction Cost Accounting Act. a. An emergency due to drought has been declared under the Emergency Services Act by the Governor, the County of Mendocino and the City Council. b. The City Council has declared a water shortage emergency under its City Code. c. Given the drought conditions, Victoria A. Whitney, Deputy Director for Water Rights for the Water Resources Control Board (Water Board) issued a letter, dated February 26, 2009, encouraging water permit holders to find alternative sources of water, including groundwater wells. d. The Water Board has granted a petition by the Sonoma County Water Agency (SCWA) to reduce the minimum flows in the Russian River between July 5 and October 1 to levels established in Water Board Decision 16 10 for a critically dry water year. As a condition of granting the petition, the Water Board has directed the SCWA to seek the cooperation of Mendocino Russian River water users to achieve a conservation goal of a 50% reduction in water use. e. The SCWA urgency change petition and the Water Board order granting the petition were based on the fact that storage of water in Lake Mendocino at the beginning of the dry summer season is at its lowest level since the Coyote Dam was constructed. At approximately 55,000 acre feet, the storage of water in the Lake is 66% of its storage capacity and at its average level for October. f. If releases from the Lake are not reduced substantially below the rate required in Decision 1610 for a normal water year, there could be insufficient water for the fall return of Chinook salmon to the Russian River. g. The City currently has one well (Well No. 4) that is not dependent on releases from Lake Mendocino which produces roughly 1 Million gallons per day (GDP). h. Well No. 4 is over 50 years old and could fail at any time. i. To supplement Well No. 4, the City Council authorized the construction on an emergency basis of a new well at Gobbi and Orchard Streets in Ukiah. j. The Gobbi/Orchard Well is under construction and looks promising, but its output and reliability are currently unknown. Even if it reliably produces very substantial quantities of water, the combination of reduced flows in the Russian River and a possible failure 2 of Well No. 4 could leave the City with less water than it needs to meet demand, even if water use is reduced by 50% or more, or to satisfy fire flow requirements in the event of a fire in the City, resulting in substantial damage to property and public health. k. A test boring at a well site in Oak Manor Park, performed in connection with the construction of the Gobbi/Orchard Well, suggests that a well at that location would be a high production well; 1. The well driller constructing the Gobbi/Orchard Well is nearing completion and will demobilize and leave the area within the next few days. If procurement of the Oak Manor Well is undertaken on an emergency basis, the well driller could move his drilling rig to that site and construct the well immediately. m. Given the time required to give notice for bids and the reduced availability of well drillers during the busy summer season and in particular during the current drought conditions, the City could not construct the well and have it on line for use this summer, unless it procures construction of the well on an emergency basis. 9 At or prior to its special meeting on May 14, 2009, the City Council was presented with evidence to substantiate each of the above factual findings; NOW, THEREFORE, BASEL) ON THE FOREGOING FACTS, IT IS HEREBY RESOLVED, as follows: 1. Substantial evidence has been provided to the City Council to allow it to determine and declare that an emergency water situation exists requiring the City to take immediate action to obtain an additional alternative supply of water to ensure that the City and its residents do not run out of water this summer and that there is sufficient water available for fire flows through the City's fire hydrants. 2. In order to ensure that the residents of the City of Ukiah have a sufficient quantity of water this summer to meet their most basic water needs and that sufficient water is available in the event of a fire emergency, the City needs to take immediate action to construct the Oak Manor Well in addition to the Gobbi/Orchard Well. 3. There is not sufficient time to construct the Oak Manor Well, have it on line and have the water from the well available to the residents of the City of Ukiah this summer, if the City goes through the formal competitive bid process required under the Uniform Construction Cost Accounting Act. 4. For the foregoing reasons, the City Council directs the City Manager to take all necessary direct and immediate action to construct the Oak Manor Well without going through the formal competitive bid process by contracting with Zim Industries to drill the well in accordance with Specifications 09-09. 5. The City Council is taking this action pursuant to Public Contracts Code § 22050, which authorizes the City Council to contract for the construction of public facilities without going through the competitive bid process, when such action is necessary in order to respond to an emergency situation. 6. The City Council shall review the actions taken by the City Manager to implement this resolution at its regular meeting on May 20, 2009, and at each regular meeting thereafter, to determine by a four-fifths vote whether there is a need to continue the action, including the authorization of additional steps and additional work to use this summer the water produced by the well, and shall terminate the action at the earliest possible date that conditions warrant. PASSED AND ADOPTED this 14"' day of May, 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phil Baldwin, Mayor ATTESTED: Linda Brown, City Clerk 4 CO) CO) i LLI i t% 0 a id 06 0 r 3 V W Co Cl 6V $V A F e+ v D_ r 0 yF 7 m C t+ 3 m C 0 F 0 J v r w 0 n 3 m L c~ G Y M C g® V L d City o,/ lzh~iafi ITEM O.: 3 MEETING DATE: 5/14/2009 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND DISCUSSION OF MANDATORY WATER CONSERVATION MEASURES TO BE REQUIRED OF ALL CITY OF UKIAH WATER USERS Background: The City of Ukiah has been monitoring the continuing drought conditions for its impacts upon the high demand season of water use, which has typically been the months June through September. During these months, water utility users generally demand about 6 million gallons daily (mgd), (versus the usual 1.5 or 2 mgd ) with the largest volume of use related to summertime irrigation. The City's water delivery system is based on utilizing water resources from both wells and Russian River facilities for peak summertime demand. As the drought issues have unfolded, with continued lack of winter rain, on-going Lake Mendocino water storage, and Russian River summer stream flow issues, the City of Ukiah has been planning for greatly reduced water availability for the peak demand season of 2009. Although voluntary conservation measures have been instituted by the City of Ukiah, and have resulted in an overall reduced consumption of water by 13% since 2004, more aggressive water conservation will be required for summer 2009. More aggressive water conservation, or restriction of use, will be required as a result of the following factors: • Recognition that clean water is a precious and limited resource • Use of clean drinking water for purposes other than drinking must be limited in the interest of preserving this precious resource • A 50% reduction in Russian River water use, or draw, in keeping with valley wide water agency reductions in this source, is likely for summer 2009. • In a worst case situation, the City's resource for summer 2009 could be limited to Well #4, with production at 1 mgd. If the water utility is limited to only Well #4, it would mean a 83% reduction in resource for utility customers and would result in water use limited to drinking and sanitation purposes only. Continued on Page 2 Recommended Action(s): Consideration and Possible Adoption of Mandatory Water Conservation Measures Alternative Council Option(s): N/A Citizens advised: Requested by: Prepared by: Coordinated with: Attachments: Approved: 4n Chambers, City Manager Aging wells and other water utility facilities in the Ukiah system cannot withstand overuse. Overuse could easily occur when water resources from either the wells and/or the river, are restricted so that one part of the delivery system is substituting for another under peak demand conditions. To protect against equipment failure in the system, demand must be reduced. Although new well resources may be available for summer 2009, how these resources will perform is unknown. The City Council took action March 4, 2009, to mitigate the severe impacts of a projected water shortage for the summer months of 2009 by declaring that an emergency under provisions of the Public Contracts Code to allow for immediate design and construction of the Gobbi Street and Orchard Avenue well. This well would provide protection against equipment failure in aging Well #4. The City Council acted further on April 15, 2009, to declare an emergency related to water shortage. This action allows the City Council to impose conditions on water use without declaring a full Stage Two emergency. Discussion: Given the conditions outlined above in the background section of this report, it appears prudent for the City Council to consider mandatory restrictions in water use for the summer of 2009. There are immediate mandatory restrictions that can be put into place that will assist with conservation going into the summer months, and are outlined as follows as restrictions 1 through 12. These restrictions should not result in loss of property or financial hardship on utility customers, but prohibit nonessential and unauthorized water use, including: 1. Use for more than minimal landscaping in connection with new construction; 2. Use through any meter when the City has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to effect such repairs within five days; 3. Use of water which results in flooding or runoff in gutters or streets; 4. Use of water through a hose for washing cars, buses, boats, trailers or other vehicles. 5. Use of water through a hose for washing buildings, structures, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or other hard-surfaced areas; 6. Use of water to clean, fill or maintain levels in decorative fountains; 7. Use of water for construction purposes unless no other source of water or other method can be used; 8. Service of water by any restaurant except upon the request of a patron; 9. Use of water to flush hydrants, except where required for public health or safety; 10. Use of water for filling any existing or new swimming pool or hot tub; 11. Use of water for car wash fund raising activities 12. Outdoor watering that exceeds 3 days a week, and mandatory adherence to the alternate day watering schedule established by the City of Ukiah. Enforcement of these mandatory restrictions would be progressive and could include: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee Additional mandatory restrictions related specifically to irrigation during the summer months may be imposed by the City Council at a later date, depending upon the outcome of the State Water Resources Board ruling and directives with regard to the Sonoma County Water Agency petition and its impact on Mendocino County, and also, dependant upon the resource of water anticipated to be available to City of Ukiah users after July 1, 2009. Additional mandatory restrictions could include restriction of irrigation for outside landscaping to drip irrigation systems only, for residential properties, and once a week watering for commercial and public use properties. Such a restriction will result in financial and property losses, but less than can be anticipated if a complete restriction on outdoor watering is imposed. Restriction of all outdoor watering is a final step the City Council can take, should that be necessary. This step will absolutely result in financial and property losses for users of the system. Fiscal Impact: Mandatory use restrictions for water utility customers will result in loss. of projected revenues for the utility. This loss must be addressed as part of the rate considerations now under study. As of this writing, staff has not had the opportunity to develop projections of loss of revenues based on any of the mandatory measures under discussion. ❑ Budgeted FY 08/09 F-1 New Appropriation 7x Not Applicable F-1 Budget Amendment Required Ann urck From: Ann Burck Sent: Wednesday, May 13, 2009 6:20 PM To: Jane Chambers Cc: Tim Eriksen Subject: Cost Estimate for Recycled Water Fire Protection System Importance: High Jane, The preliminary cost estimate for a recycled water fire protection system is: 1. 9,000 feet of 12-inch diameter purple PVC laid under dirt -9,000 x $ 41.00 = $ 369,000 2. 9,800 feet of 12-inch diameter purple PVC laid under asphalt -9,800 x $ 75.00 = $ 735,000 3. 22 fire hydrants (1 hydrant every 500 feet, except line from WWTP to Hastings (3 hydrants) - 22 x $ 5,200 = $ 114,400 4. Pump station at WWTP - $ 400,000 Total construction cost estimate + design engineering + contingency = $ 2,000,000. The tentative route would be north beside the railroad track from the WWTP to Hastings Ave., across So. State Street then along Washington Ave. to Dora St. The recycled pipeline would continue north on Dora St. and terminate on Grove Ave. The total length of the pipeline would be approximately 19,000 feet. If construction began by June 1St, the system could be completed by August 3, 2009. This system would provide a secure source of water for firefighting and water for irrigation to sustain a limited amount landscaping to minimize dry fuel sources in the event of a major fire, and preserve limited potable water supplies for drinking and hygiene needs. This system could be expanded in the future if the City receives Water Board SRF funds from ARRA to provide a significant and sustainable amount of water for irrigation at City, County and State facilities and for agricultural use to replace the use of potable water. 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MUNICIPAL .I I P ryDN OR. 3 p 0. `-T 1 II .1.' fl"* AIRPORI1 n m JEFFEPGON zu R ~ z 9m N. p ~ I z N ~LjEW u• RCHEST oraµP Sr I FIP~Q ~ ~ ~ I °o Ix SIELOW v' CpURT ~ BO RBDYt \N IlORixx 4 tl !x D c VI Pp vi F~ G . o vA L Np~ ~apPl flD. tCYdd flD. pT. Yg- OAK ky @ a O o~ QSm MEADGWRROOK p~ ¢ oQ t`~ ¢ WHITMORE LN. 5 RD U m D N9a o a x x'01! OR. AK TA x r~^ Lro / HDu GOBALET LN. RD, - .x SY PLAN7 0 ux = HOWELL CREEK RD. . 2 - srnnav _ I~ s 5 April 14, 2009 SUBJECT: CONSIDERATION OF RESOLUTION OF THE CITY OF UKIAH FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA It was suggested this item be placed on the Agenda for City Council Discussion. Fiscal Impact: Budgeted FY 08/09 7 New Appropriation 7 Not Applicable Budget Amendment Required Continued on Paae 2 Recommended Action(s): Consider Adoption of Attached Resolution Finding Severe Fiscal Hardship will Exist if Additional City Property Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California Alternative Council Option(s): Take no action. Citizens advised: Requested by: Prepared by: Linda Brown, City Clerk Coordinated with: Jane Chambers, City Manager Attachments: Resolution Approved: - 6 a Chambers, City Manager RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused city officials to reopen already adopted budgets to make painful cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $8.6 billion of city property tax revenues statewide to fund the state budget even after deducting public safety program payments to cities by the state; and WHEREAS, in FY 2007-08 alone the state seized $895 million in city property taxes statewide to fund the state budget after deducting public safety program payments and an additional $350 million in local redevelopment funds were seized in FY 2008-09; and WHEREAS, the most significant impact of taking local property taxes has been to reduce the quality of public safety services cities can provide since public safety comprises the largest part of any city's general fund budget; and WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial constitutional protections for local revenues, but the legislature can still "borrow" local property taxes to fund the state budget; and WHEREAS, on May 5 the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services; and WHEREAS, in the past the Governor has called such "borrowing" proposals fiscally irresponsible because the state will find it virtually impossible to repay and it would only deepen the state's structural deficit, preventing the state from balancing its budget; and WHEREAS, the Legislature is currently considering hundreds of bills, many of which would impose new costs on local governments that can neither be afforded nor sustained in this economic climate; and WHEREAS, state agencies are imposing, or considering, many regulations imposing unfunded mandates on local governments without regard to how local agencies will be able comply with these mandates while meeting their other responsibilities; and WHEREAS, the combined effects of the seizure of the City's property taxes, increasing unfunded state mandates, and the revenue losses due to the economic downturn have placed the city's budget under serious fiscal pressure; and WHEREAS, our city simply can not sustain the loss of any more property tax funds or to be saddled with any more state mandates as they will only deepen the financial challenge facing our city; and WHEREAS, a number of the City's financial commitments arise from contracts, including long term capital leases and debt obligations which support securities in the public capital markets, that the City must honor in full unless modified by mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF UKIAH has determined that the City will experience a severe fiscal hardship if the recommendation of the Department of Finance to "borrow" $2 billion of local property taxes is supported by the Governor and the Legislature; and RESOLVED FURTHER, that the City Council strongly and unconditionally opposes the May 5 proposal of the Department of Finance and any other state government proposals to borrow or seize any additional local funds, including the property tax, redevelopment tax increment, and the city's share of the Prop. 42 transportation sales tax; and RESOLVED FURTHER, that the City Council strongly urges the state legislature and Governor to suspend the enactment of any new mandates on local governments until such time as the economy has recovered and urges the state to provide complete funding for all existing and any new mandates. RESOLVED FURTHER, that the City Clerk shall send copies of this resolution to the Governor, our state senator(s), our state assembly member(s) and the League of California Cities. PASSED AND ADOPTED this 14th day of May, 2009, by the following roll call vote: AYES: NOES: PRESENT: ABSTAIN: Philip E. Baldwin, Mayor ATTESTED: Linda C. Brown, City Clerk