Loading...
HomeMy WebLinkAbout2009-03-26 Packet - Special, Joint UVSDCITY OF UKIA JOINT CITY COU CIL/UVSD AGENDA Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 26, 2009 6:00 p.m. 1. ROLL CALL 2. DISCUSSION AND POSSIBLE ACTION - NEW BUSINESS a. Possible Award of Consultant Service Agreement for Water and Wastewater Rate Studies and Approval of Budget Amendments for Water and Sewer Funds. b. Discussion and Possible Action Regarding the Formation of a City Ad Hoc Committee to Work with District's Technical and Planning Committee to Clarify Maintenance, Repair and Capital Replacement as it Pertains to Replacing Sewer System Infrastructure and the Assignment of Cost to Funds 612 and 614. C. Discussion and Possible Action or Direction to Staff Concerning the Establishment of Protocol for Agendizing Discussion Items and for the Scheduling of Joint City/District Meetings. d Discussion and Possible Action of Sanitation District to Work With City Capital Improvement Program (CIP) Ad Hoc Committee to Discuss and Make Recommendation Regarding City/District Overlap Areas (verbal report) e. City Council Consideration and Adoption of Resolution Requesting Mendocino County Board of Supervisors to Declare a "Local Emergency" in Mendocino Because of the Existence of Conditions of Extreme Peril to the Safety of Persons and Property due to Drought (verbal report) 3. DISCUSSION AND POSSIBLE ACTION - OLD BUSINESS a. Discussion and Possible Approval of Sharing the Cost of Services Provided to the Joint Sewer Ad Hoc Committee by the County Deputy Chief Executive Officer. b. Discussion and Possible Action Concerning the Recommendations Developed by the Joint Sewer Ad Hoc Committee Concerning Governance of the Combined Sewer System. C. Presentation of the WWTP Expansion and Rehabilitation Project Status Report d. Discussion regarding Ordinance Amending Sections 3798x, 3704.2 and 3706.7, Regulating the Use of Grease Traps Under the City's Sewer Ordinance and Updating References to Building and Related Codes in Sections 9277.A and J, 9278.13 and 9543.A of the Ukiah City Code (verbal report) 4. OTHER BUSINESS a. Public Expression b. Announcements/Other Business/Matters from Staff C. 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 this 25th day of March, 2008. Linda Brown, City Clerk 2a March 26, 2009 SUBJECT: POSSIBLE AWARD OF CONSULTANT SERVICES AGREEMENT FOR WATER AND WASTEWATER RATE STUDIES AND APPROVAL OF BUDGET AMENDMENTS FOR WATER SEWER FUNDS Background: This item was before the Ukiah City Council on March 18, 2009. The report for that meeting is attached as well as the report from the Sanitation District Manager. 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 $ -0- 612.260.000 Fund Balance 612.3505.250.000 $ 33,474 $ -0- 820.260.000 Fund Balance 820.3901.250.000 34,151 Total additional appropriation 67,625 Recommended Action(s): 1) Authorize the City Manager to enter into a professional service agreement with HF&H Consultants, LLC to perform a water and wastewater rate study and approve budget amendments in the Water fund in the amount of $34,151.00 and the amount of $33.474.00 in the Wastewater Fund contingent on budget amendment approval from the UVSD; OR 2) Provide alternate direction to staff. Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager Attachments: 1. District Managers Report 2. City Council Report March 18, 2009 Approved: Jane Chambers, City Manager Item No. UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT FOR THE JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE UKIAH CITY COUNCIL MARCH 26, 2009 DISCUSSION AND POSSIBLE ACTION ACCEPTING PROPOSALS FOR WATER AND WASTEWATER RATE STUDIES AND CONSIDERATION OF BUDGET AMENDMENTS FOR THE WATER AND SEWER FUNDS SUMMARY AND DISCUSSION At their regular meeting of March 18, 2009, the City Council received a recommendation from City staff that an award of a Consultant Service Contract for water and wastewater rate studies be made and the related budget amendments to the appropriate Funds be approved at the joint Meeting between the City and the District on March 26, 2009. Staff provided an alternative option seeking authorization for the City Manager to enter into a professional service agreement with HF&H Consultants. The City's agenda summary report is attached. FISCAL IMPACT If an award is made to HF&H Consultants at a total fee of $64,625 for the performance of the two studies, a budget amendment to fund account 612.3505.250.000 in. the amount of $33,474 will be required. The funds would be taken from the unobligated fund balance of Fund 612, the joint Sewer Fund. RECOMMENDED ACTIONS The District Manager has not reviewed the proposals as of the preparation of this Report and he will provide a verbal recommendation to the Board at the meeting. The District Manager does recommend that a re-analysis of the sewer connection fee be performed as expressed in the District Manager's Agenda Summary Report dated September 17, 2008. ALTERNATIVE ACTIONS Provide other direction to staff ATTACHMENTS 1. City Agenda Summary Report dated March 18, 2009 2. District Agenda Summary Report dated September 17, 2008 without Attachment No. 3. Ric Kennedy, E, UVSD District Manage SUBJECT: DISCUSSION AND POSSIBLE ACTION ACCEPTING PROPOSALS FOR WATER AND WASTEWATER RATE STUDIES AND CONSIDERATION OF BUDGET AMENDMENTS FOR THE WATER AND SEWER FUNDS Background: In 2005, the City adopted multi-year rate schedules for both water and wastewater customers. The rates were established as part of the capital improvement and expansion plans for both utilities. The final water rate adjustment was implemented in November 2008. The final wastewater rate adjustment will be implemented in July 2009. During budget development for fiscal year 2008/2009, it was identified that revenue was not meeting expectations and rates would need additional review. One of the requirements, instituted as part of the sale of the construction bonds, is generation of net revenue (basically revenue net of operating expenses and debt payments) of 25% of the amount of the debt annual payment. This is a contractual agreement between the governing body and the bond owners to entice them to lend money to the City. This is a standard commitment when governments sell bonds. Discussion: Staff developed a request for proposals (RFP) for water and wastewater rate study services. This RFP was distributed in February and responses were due on March 6th. The RFP identified seven study objectives: 1. Propose Water and Wastewater rates that are fair and objective and reflect the cost of the services. 2. Propose Water and Wastewater rates that encourage water conservation. 3. Review and update miscellaneous fees. 4. Recommend a prudent reserve policy for operations, capital replacement and emergencies. 5. Develop Water and Wastewater connection "buy-in" fees for future new service hookups. 6. Develop a model for new sewer hookup demands over the next 15 year period. It is anticipated the model will be based on projected future economic conditions. Continued on Pape 2 Recommended Action(s): 1) Discuss report and direct staff to add award of contracts for water and wastewater rate study services and the related budget amendments to the planned joint meeting with the Ukiah Valley Sanitation District. Alternative Council Option(s): 1) Authorize the City Manager to enter into a professional service agreement with HF&H Consultants, LLC to perform a water and wastewater rate study and approve budget amendments in the Water fund in the amount of $34,151.00 and the amount of $33.474.00 in the Wastewater Fund contingent on budget amendment approval from the UVSD; OR 2) Provide alternate direction to staff. Citizens advised: Ukiah Valley Sanitation District General Manager Requested by: Gordon Elton, Director of Finance Prepared by: Gordon Elton, Director of Finance Coordinated with: Public Works Director & Deputy Director; Jane Chambers, City Manager Attachments: RFP response from HF&H Consultants, LLC and FCS Group Approved: e Chambers, City Manager Subject: Water and Wastewater Rate Study Meeting Date: March 4th, 2009 Page 2 of 3 7. Develop a connection fee schedule adequate to fund the portion of the annual debt payment allocated to capacity expansion. The RFP also identified the following services to be provided by the consultant: 1) TASK 1 - WATER RATES a) Conduct a detailed review of the existing Water rates and status of the Water Funds, and develop a general familiarity with the City of Ukiah's billing system. b) Meet or confer with staff as needed and attend one meeting (evening) with the City Council to present the interim status of the water study and obtain their input. c) Attend the separate public hearings (evening) where the Water rates are considered for adoption. d) Conduct analyses as required to address the scope of work. e) Preliminary Report: (i) Prepare a preliminary study report and tentative rate structures. (ii) Submit 15 copies. (iii) Present preliminary report and tentative rate structures to the City Council. f) Final Report (i) Incorporate changes pursuant to comments received at the first presentation. (ii) Submit 15 copies, plus one reproducible copy. (iii) Provide a disk with report in MS Word format, with spreadsheets in Excel format. (iv) Present the final report and recommended rate structures to the City Council and members of the public at a regular, or special, Council meeting. g) Develop the public notification required for compliance with Proposition 218. h) Supply a time schedule for developing the preliminary and final reports. The final report shall be delivered to the City sixty (60) days after Council award. i) Provide an easy-to-use electronic rate model in MS Excel for the City of Ukiah to use in future rate setting. j) Consultant must comply with the City requirements for insurance, business license, and any other standard requirements. 2) TASK 2 - WASTEWATER RATES a) Conduct a detailed review of the existing Wastewater rates and status of the Wastewater Funds, and develop a general familiarity with the City of Ukiah's billing system. b) Meet or confer with staff as needed and attend one meeting (evening) with the City Council and the District's Board at a joint working session to present the interim status of the wastewater study and obtain their input. c) Attend the separate public hearings (evening) where the Wastewater rates are considered for adoption. d) Conduct analyses as required to address the scope of work. e) Preliminary Report: (i) Prepare a preliminary study report and tentative rate structures. (ii) Submit 15 copies. (iii) Present preliminary report and tentative rate structures to the City Council and to the Ukiah Valley Sanitation District Board at a Council and Board Work Sessions. f) Final Report (i) Incorporate changes pursuant to comments received at the first presentation. (ii) Submit 15 copies, plus one reproducible copy. (iii) Provide a disk with report in MS Word format, with spreadsheets in Excel format. (iv) Present the final report and recommended rate structures to the City Council, the Ukiah Valley Sanitation District, and members of the public at a regular, or special, Council and Board meetings. Subject: Water and Wastewater Rate Study Meeting Date: March 4th, 2009 Page 3 of 3 g) Develop the public notification required for compliance with Proposition 218. h) Supply a time schedule for developing the preliminary and final reports. The final report shall be delivered to the City sixty (60) days after Council award. i) Provide an easy-to-use electronic rate model in MS Excel for the City of Ukiah to use in future rate setting. j) Consultant must comply with the City requirements for insurance, business license, and any other standard requirements. Responses were received from seven interested parties. A review committee consisting of the Director of Finance, Public Works Director/City Engineer, Deputy Public Works Director for Water and Wastewater, and the UVSD General Manager was established. Committee members were asked to independently review the proposals and rank them. The UVSD General Manager was unable to review the proposals by the time this report was prepared, but is engaged in his review of the proposals and will be making his recommendation for award in time for award consideration at the joint UVSD/City of Ukiah board meeting scheduled for March 26, 2009. Two firms, HF&H Consultants, LLC and FCS Group, were selected as the top two by the city reviewers. Consistent with personal service contracting procedures, qualifications were evaluated without consideration of the costs of the proposed services. Once the top two proposals were identified and the ranking was established, based on the review of the proposals, the cost proposals were opened. The costs for the combined water and wastewater rate studies are $67,625 and $71,225. If additional meetings are required, beyond the four that are included in the proposal, additional costs will be incurred. A very aggressive completion schedule was adopted - 60 days - with the idea that the results will be implemented into the fiscal year 2009/2010 budget. Since the proposition 218 procedures must be followed before any rate changes can be implemented, the public hearing to consider formal opposition to any proposed rate changes is unlikely to be scheduled before July. The final budget proposals, developed in June may include the anticipated effects of any proposed rate changes. Fiscal Impact: Interested parties were requested to propose fees for the services separately for each utility, as if they were awarded separately or at different times. It was the intent of staff to have both water and wastewater rates reviewed concurrently to maximize the effectiveness of staff interfacing with the consultants as well as the consultants' time. The proposal for providing concurrent rate studies is significantly less costly that the price of two separate studies. The $67,625 fee for the combined study is $86,680 (a 28% increase) if the work is performed as two separate processes. The breakdown of the costs between water and wastewater is 50.5% for water and 49.5% for wastewater. This ratio of costs is recommended for the distribution of the fee for the combined study. Funds for these services were not included in the budget for fiscal year 2008/2009. Therefore a budget amendment must be adopted as part of the approval of a contract for services. Additionally, the agreement between the City and the Ukiah Valley Sanitation District (UVSD) requires budget approval of significant budget amendments; and, since the next joint meeting with the UVSD is pending for later in March, staff recommends award of a contract for water and wastewater rate study and the related budget amendments be place on the joint meeting agenda to be held later in March. Not Applicable ® Budget Amendment Required Budgeted FY 08109 ® New Appropriation F Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested $ -0- 612.260.000 Fund Balance 612.3505.250.000 $ 33,474 $ -0- 820.260.000 Fund Balance 820.3901.250.000 34,151 Total additional appropriation 67,625 Background: City Staff is in favor of the Ad Hoc committee to work with the Ukiah Valley Sanitation District Technical Committee. However, the City's CIP committee should be the committee to discuss this item and so the recommendation from City staff slightly varies from that of the District. Ukiah Valley Sanitation District Report is attached Recommended Action(s): 1. The City Council and District Board discuss the merits of directing this issue to either Ad Hoc Committees or Standing Committees 2. The City Council authorize the CIP Committee consisting of two Council members and the Public Works Director to work with the District's committee to define when and where capital replacement expenses are to be assigned and to make recommendations to both political bodies at a joint session for formal action. 3. The District Board directs its Technical and Planning Standing Committee or authorizes the formation of an Ad Hoc Committee consisting of two Board members and the District Manager to work with the City's committee to define when and where capital replacement expenses are to be assigned and to make recommendations to both political bodies at a joint session for formal action. Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager Attachments: 1. District Managers Report Z Approved: ,.Jane Chambers, City Manager Item No. UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT FOR THE JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE UKIAH CITY COUNCIL MARCH 26, 2009 DISCUSSION AND POSSIBLE ACTION REGARDING THE FORMATION OF A CITY AD HOC COMMITTEE TO WORK WITH THE DISTRICT'S TECHNICAL AND PLANNING COMMITTEE TO CLAIFY MAINTENANCE, REPAIR AND CAPITAL REPLACEMENT AS IT PERTAINS TO REPLACING SEWER SYSTEM INFRASTRUCTURE AND THE ASSIGNMENT OF COST TO FUNDS 612 AND 614 SUMMARY Submitted for joint consideration and action by the City Council and the District Board is a recommendation from staff that the City Council authorize the formation of an Ad Hoc Committee consisting of two Council members and the Public Works Director to work with the District's Standing Technical and Planning Committee for the purpose of clarifying when and to which fund expenses for the replacement of the sewer collection infrastructure are to be assigned. DISCUSSION At the City Council's regular meeting of December 3, 2008, the Sewer and Water Division of the Public Works Department submitted a report to City Council of the expenditure of funds for the emergency replacement of a sewer main at Orr Creek and North State Street by Wipf Construction for the amount not to exceed $22,000. The work involved the replacement of approximately sixty (60) linear feet of steel pipe and fifteen (15) linear feet of pvc pipe and the construction of a sewer manhole. The funds were expensed to the Contractual Services subaccount of the 612 Sewer Fund. The report was pulled from the Consent Calendar at the request of the District Manager so as the matter could be discussed. The District Manager opposed the expense of the sewer line replacement and the construction of the manhole to the joint Sewer Fund 612 opining that the expense should have been assigned to the City's subaccount within Fund 614 because the work involved capital replacement and not maintenance. The District Manager further opined that only maintenance activities should be expensed to joint Fund 612. The City Council discussed the issue with no direction being provided to staff and received the report as was recommended. Fund 614 was established to reserve revenue derived from the monthly sewer fee for capital replacement and rehabilitation of the sewer collection system. The five year sewer rate program adopted in December of 2005 included a set-aside of approximately $1.6 million per year for capital replacement/rehabilitation projects and these monies are distributed between the City and District based on the ESSU ratio which generally represents each agencies share of contributed revenue. Each agency owns its sewer collection system and the District's collection system is maintained by the City under the 1995 Participation Agreement. The District Manager opines that it is inappropriate that the District and City rate payers pay for collection system capital expenditures incurred by the other agency. Inequalities can develop because one system is older than the other and the older system will conceivably require more capital replacement. Given the complexity of the issue, it is recommended that the issue be discussed at the committee level and any recommendations of the committees be forwarded to their respective political bodies in a joint session. The District has established a Technical and Planning Standing Committee and it is requested that City Council authorize an Ad Hoc Committee or a Standing Committee to work with the District's Committee. Unless the District authorizes an Ad Hoc committee to address this issue, all committee meetings will have to be agendized and noticed. FISCAL IMPACT Expensing sewer main replacements to the Sewer Capital Project Fund 614 will reduce future charges for sewer pipe replacement to Fund 612. RECOMMENDED ACTIONS District Manager recommends that: 1. The City Council and District Board discuss the merits of directing this issue to either Ad Hoc Committees or Standing Committees 2. The City Council authorize the formation of an Ad Hoc Committee or a Standing Committee consisting of two Council members and the Public Works Director to work with the District's committee to define when and where capital replacement expenses are to be assigned and to make recommendations to both political bodies at a joint session for formal action. 3. The District Board directs its Technical and Planning Standing Committee or authorizes the formation of an Ad Hoc Committee consisting of two Board members and the District Manager to work with the City's committee to define when and where capital replacement expenses are to be assigned and to make recommendations to both political bodies at a joint session for formal action. ALTERNATIVE ACTIONS Provide other direction to staff ATTACHMENTS 1. City Agenda Summary Report dated December 3, 2008 Rick Kennedy, PE, VSD District Ma ager 2 7c December 3, 2008 SUBJECT: NOTIFICATION TO THE CITY COUNCIL OF THE EMERGENCY REPLACEMENT OF SEWER MAIN AT ORR CREEK AND NORTH STATE STREET BY WIPF CONSTRUCTION FOR A NOT TO EXCEED AMOUNT OF $22,000 Background: A leak in a 6-inch steel sewer main was discovered by Public Works staff on Thursday afternoon, October 30, 2008. The leak occurred at the northern end of the main underneath the Orr Creek bridge on North State Street. Water/Sewer Field Operations staff was able to temporarily repair the leak by installing a sleeve clamp over the damaged area. Discussion: This section of sewer main is under the bridge and crosses Orr Creek. Immediate replacement was necessary due to the location and corrosion of the steel sewer pipe. The following morning, Wipf Construction and Public Works staff inspected the sewer main and temporary repair to determine the work plan for the emergency sewer main replacement. Due to the weather, Wipf Construction was not able to began the replacement work until Tuesday, November 4, 2008. The replacement work was completed on Thursday, November 06, 2008. Sixty feet of steel pipe was replaced; 15 feet of plastic pipe on either side of the steel pipe was replaced and a new manhole was installed north of the bridge for future maintenance and emergency pumping access to protect Orr Creek. Fiscal Impact: Budgeted FY 08/09 E New Appropriation ❑X Amount Budgeted Source of Funds (title and $ 105,000 Sewer System Maintenance Contractual Services Not Applicable F-1 Budget Amendment Required Account Number Addit. Appropriation Requested 612.3510.250.000 Continued on Page 2 Recommended Action(s): Report to Council of the Emergency Replacement of Sewer Main at Orr Creek and North State Street by Wipf Construction for A Not To Exceed Amount of $22,000. Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Interim Water/Sewer Operations Superintendent and Dan Hunt, Acting Water/Sewer Field Operation Supervisor Coordinated with: Jane Chambers, City Manager Attachments: none Approved: Jane Chambers, City Manager Item No. 2c UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT FOR THE JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE UKIAH CITY COUNCIL MARCH 26, 2009 DISCUSSION AND POSSIBLE ACTION OR DIRECTION TO STAFF CONCERNING THE ESTABLISHMENT OF PROTOCOL FOR AGENDIZING DISCUSSION ITEMS AND FOR THE SCHEDULING OF JOINT CITY/DISTRICT MEETINGS SUMMARY AND DISCUSSION This item is an issue raised by City staff but no current agenda report summary (ASR) has been received from the City. Attached is an ASR prepared for the City Council's meeting of October 1, 2008. The District Manager attended the City Council's meeting of October 1 to object to the recommendation that the City Council would identify those items desired for joint discussion by the District that it would agree to discuss in joint session. The District Manager opined that it was inappropriate for the City Council or for the District Board to decide unilaterally which items would be denied discussion in joint session. The City Council tabled the matter for future discussion. FISCAL IMPACT N/A RECOMMENDED ACTIONS To be reserved. ALTERNATIVE ACTIONS Provide other direction to staff ATTACHMENTS 1. City Agenda Summary Report dated October 1, 200 Rick Kennedy, PE, UVSD District Ma er 11c October 1, 2008 SUBJECT: DISCUSSION AND DIRECTION TO STAFF ESTABLISHING PROTOCOL FOR JOINT MEETINGS BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE CITY COUNCIL Background: On September 17, 2008 the Board of Directors representing the Ukiah Valley Sanitation District (Sanitation District) and the City Council of the City of Ukiah had a joint 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 Sanitation District Board, the District Manager coordinated the September 17 joint meeting by producing and sending to City staff, district staff reports related to these action items. However, the City Council did not get the opportunity, independently of the Sanitation District Board, to give direction to City staff about review or recommendations for these items. Prior to the hiring of a District Manager, who represents the first staff member for the District, joint meetings between the two bodies were infrequent and largely limited to a single purpose. Therefore, no protocol has been established to support the City Council's deliberation regarding action items included on joint meeting agendas. City staff requests that the City Council establish such a protocol for these joint meetings that will clarify the City Council's expectation for the agenda preparation and staff reporting process necessary to support the City Council's deliberations on action items considered at future joint meetings. Discussion: At the September 17, 2008 joint meeting, the Sanitation District Board included a number of items on the agenda. These issues were very diverse. The Sanitation District staff had been given direction from the Board to agendize these items. Sanitation District staff then prepared staff reports for each item on Continued on Page 2 Recommended A►ction(s): Direct Staff to: 1. Coordinate a joint meeting with the Ukiah Valley Sanitation District for purpose of hearing 3 items. 2. Identify items the Council would like to discuss and agendize. 3. Prepare agenda reports and recommendation for the agendized items. 4. Include an item for discussion of protocol regarding future joint meetings, locations and arrangements and inform District Manager of this additional item. Alternative Council Option(s): Citizens advised: Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works/City Engineer 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 Approved: vt ,L t.-~ t9 6 Chambers, City Manager Subject: PROTOCOL FOR JOINT MEETINGS BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE CITY COUNCIL Meeting Date: October 1, 2008 Page 2 of 2 the agenda. Because City staff had not yet discussed these issues with the City Council, and therefore, did not feel it was appropriate to assume Council direction on these items, City staff did not know how to proceed with preparation of the joint meeting agenda and materials for that meeting. The City Council had not had the opportunity to agree that they were interested in considering action on any of these items. City staff recommends that the following procedure be adopted as protocol for future joint meetings. When a request for a joint meeting and each item to be on the agenda is received from the Sanitation District staff, City staff will prepare an agenda summary report for the next regularly scheduled Council meeting. Staff will ask direction on: a) participating in a joint meeting, b) items to be included on the agenda, and c) development of staff recommendations for those items. 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). If the Council concurs, city staff will prepare staff reports with recommendations for the City Council's review on each of these items, and will work with the Say l'tation District staff to schedule the joint meeting at which these items will be discussed. In addition, protocol for conducting the joint meetings should be established by the parties. With the election of a five member board, neither the City Council Chambers nor the Board of Supervisors Chambers are suited for joint meeting locations, as the entire elected board officials cannot be seated. Future joint meetings could be held at the Conference Center, in a configuration that sets up each Board with its supporting staff in close proximity. An agreement should be reached on how the meetings will be managed. These meetings would be best served if they are run in the same manner for each meeting. It would also make sense that the room set up is the same for each meeting. It may be awkward for City staff and District staff to be next to one another if they are presenting different points of view on a specific topic. Fiscal Impact: Budget Amendment Required F] Budgeted FY 08/09 ❑ New Appropriation ~ Not Applicable F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested NIA N/A N/A N/A 2e RESOLUTION NO. WHEREAS, 1. Lake Mendocino and the East and Main forks of the Russian River are currently the primary sources of water for domestic water systems and agricultural operations in inland Mendocino County; and 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches; and 3. This is the third year in a row with rainfall substantially below average; and 4. Average rainfall for April - June is 4.8 inches; and 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held 52,621 acre feet on March 22, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. The State Water Resources Control Board ("SWRCB") has declared 2009 a normal water year for Lake Mendocino. As a result of this declaration the Sonoma County Water Agency ("SWA") will be required to increase in-stream flows in the Russian River from 85 cubic feet per second to 125 cfs in the lower Russian River, and from 75 cfs to 150 cfs in the upper Russian River; and 10. If these increased in-stream flows are maintained throughout the summer, Lake Mendocino will go dry before the fall Chinook salmon run and before the next rainy season with devastating impacts on domestic and agricultural water users and endangered species; and 11. The Mendocino County Board of Supervisors is empowered under these conditions to declare a local emergency under the Emergency Services Act; and 12. A local emergency is defined as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the County caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual local governments within the County and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In periods of local emergency, political subdivisions and state agencies have full power to provide mutual aid despite restrictions which might otherwise limit that mutual aid, and may allow the extraordinary costs of mutual aid to constitute a legal charge against the state; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby requests the Board of Supervisors of Mendocino County: 1. To declare a local emergency due to drought under the Emergency Service Act; 2. To work with other local governments in the County, including the incorporated cities and county water districts, for an immediate reduction in the minimum in-stream flow requirements in the Russian River below Lake Mendocino to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River, and 3. To coordinate mutual aid efforts between and among political subdivisions in the County and state agencies, including the SWRCB. PASSED AND ADOPTED on March 26, 2009, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk 2 f t ~L -1 1 ti 17 ITEM NO.: 3a MEETING DATE: AGENDA SUMMARY REPORT March 26, 2009 SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF SHARING THE COST OF SERVICES PROVIDED TO THE JOINT SEWER AD HOC COMMITTEE Y THE COUNTY DEPUTY CHIEF EXECUTIVE OFFICER Background: This item was before the Ukiah City Council on November 5, 2008. The report for that meeting is attached as well as the approved minutes; see item 2e in that report. Recommended Action(s): 1) Not authorize any expenditure by the joint 612 sewer fund; OR 2) Provide alternate direction to staff. Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager Attachments: 1. Agenda Summary Report for November 5, 2008- item 1 Of 2. Minutes for November 5. 2008- Da 5, item 2e Approved: --°1--~ 6 Chambers, City Manager 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 dirpct,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 Continued on Page 2 Recommended Actions): 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 Option(s): 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 Approved: /~Xdja 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. 3. 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: 1-1 Budgeted FY 08/09 F~ New Appropriation ® Not Applicable Budget Amendment Required MIS Rodin/Thomas to approve the Recommended Action and change the dollar amount to $7434.41. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: Councilmember Baldwin. 10. UNFINISHED BUSINESS 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 10:55:12 PM Director of Public Works/City Engineer Eriksen presented the item. Recommended Action: Discuss the three items remaining from 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. Regarding Item 2b, master meter policy, City Council is in agreement with the staff recommendation. Regarding Item 2c, re-analysis of sewer connection fees, City Council is in agreement with the staff recommendation. Regarding Item 2e, City financially participating in reimbursing the County of Mendocino for the services of the Deputy CEO during his participation of the Ad Hoc Committee, Councilmembers Rodin, Baldwin, and McCowen support staffs recommendation and Mayor Crane and Councilmember Thomas oppose staff's recommendation. By Consensus, City Council directed staff to add to the Sanitation District Joint meeting agenda discussion on the Will Serve Policy and Cap on Sewer Fees Issue. 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 11:34:34 PM Airport Manager Owen Recommended Action: Approve relocation pending the approval of the use permit. Authorize City Manager to negotiate and execute CALSTAR's lease. MIS McCowen/Baldwin 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. Urgency item c. Approval of the Change Order for FEMA Funded Museum Gallery Repair Work in the Amount of $9688 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 $6500 or 10% of Original Bid CC 11/5/08 Page 5 of 6 3b March 26, 2009 SUBJECT: DISCUSSION AND POSSIBLE ACTION CONCERNING THE RECOMMENDATIONS DEVELOPED BY THE JOINT SEWER AD HOC COMMITTEE CONCERNING GOVERNANCE OF THE COMBINED SEWER SYSTEM. Background: On February 6, 2008, the formation of a Joint Ad Hoc Committee was approved by the City Council and the Ukiah Valley Sanitation District. The Committee's Final Report was presented to the District Board and the City Council in joint session on September 17, 2008. The minutes from that meeting are attached. The Council was careful to not promise the implementation of the measures in the report prior to a more thorough review of those recommendations. Staff sees this joint meeting as an excellent opportunity to discuss the recommendations in the report. Recommended Action(s): 1. Discuss the recommendations contained in the Committee's Final Report. Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager Attachments: 1. District Managers Report 2. Minutes from the September 17, 2008 meeting item, 2a Approved, JOe Chambers, City Manager Item No. UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT FOR THE JOINT MEETING BETWEEN THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE UKIAH CITY COUNCIL MARCH 26, 2009 DISCUSSION AND POSSIBLE ACTION CONCERNING THE RECOMMENDATIONS DEVELOPED BY THE JOINT SEWER AD HOC COMMITTEE CONCERNING GOVERANCE OF THE COMBINED SEWER SYSTEM SUMMARY Submitted for the Board of Director's and the City Council's discussion and possible direction are recommendations developed by the joint Sewer Ad Hoc Committee (the Committee) concerning the governance of the combined sewer system. The Committee's recommendations for improving the organization, administrative structure and governance of the Wastewater Collection and Treatment System are presented in the attached Final Report. Chairman Ronco and Director Paulin were members of the Committee and can respond directly to specific questions regarding the recommendations. DISCUSSION By action of the District Board of Directors and the Ukiah City Council on February 6, 2008, the formation of a joint Ad Hoc Committee was authorized to review and examine the current government structures and the 1995 Participation Agreement for the purpose of improving efficiency in the governance of the sewer system, improving delivery of sewer system services and to resolve what the District Board believed to be unworkable or undefined agreement provisions. The Committee's Final Report was presented to the District Board and the City Council in joint session on September 17, 2008 with a recommendation from District Manager that direction be provided to both City staff and the District Manager for formulating what subsequent measures should be taken to implement the recommendations. Both the District Board and the City Council received the Final Report and the City Manager announced that she wanted the opportunity for City staff to review the recommendations and to confer and discuss with the City Council any staff concerns and/or objections to the Committee's recommendations. The attached Final Report from the Committee outlines the methods taken in their research and review of the existing governance structure and how the Committee approached the governance recommendations. FISCAL IMPACT NA RECOMMENDED ACTIONS Discuss the recommendations contained in the Committee's Final Report and provide direction to staff as to what subsequent measures should be taken. ALTERNATIVE ACTIONS Provide other direction to staff ATTACHMENTS 1. Final Report from the joint Sewer Ad Hoc Committee RA Kennedy, PE, UVSD District Manager 2 Final Report of the City of Ukiah/Ukiah Valley Sanitation District Joint Ad Hoc Committee August 14, 2008 Committee Organization: The City of Ukiah/Ukiah Valley Sanitation District Joint Ad Hoc Committee was organized in February 2008 by action of the Ukiah City Council and the Ukiah Valley Sanitation District Board of Directors for the purpose of examining and making recommendations. regarding sewer system governance. Committee Membership: The following members were appointed to the Ad Hoc Committee by the Ukiah City Council and Ukiah Valley Sanitation District Board of Directors: Doug Crane (Chair), John McCowen (Vice Chair), Ernie Wipf, Howard Egan, Jim Ronco, John Graff, Mike Johnson, Matt Froneberger, Clifford Paulin, Steve Scalmanini, and Butch Carpenter. The following citizens and staff also participated in Ad Hoc Committee Meetings: Lee Howard, Dennis Scoles, Frank Michael, Pat Thompson, Paul Cayler, Rick Kennedy, and Tim Ericksen. On July 24, 2008, the Ad Hoc Committee appointed a subcommittee of Clifford Paulin and Jim Ronco to review and recommend to the full committee a draft final report. On August 14, 2008, the Ad Hoc Committee completed its review of subcommittee recommendations (See Pages 3 and 4), and authorized preparation of Final Committee Report. Committee Mission: The Committee adopted the following Mission Statement to guide its activities: "The purpose of the Sewer Ad Hoc Committee is to research and make recommendations regarding the organization, administrative structure and governance of the wastewater collection and treatment system, which is jointly operated and separately owned by the City of Ukiah and the Ukiah Valley Sanitation District. The Committee will work toward developing sound management recommendations based on data. The mission of the Committee will be to research and develop recommendations for the best sewer service organization to serve the citizens of the community. The Committee wily operate as an open public forum that encourages constructive dialog and respectful discourse in order to achieve balanced solutions that are economically feasible, protective of the environment, and beneficial to the rate payers. In addition, the Sewer Ad Hoc Committee will review and comment on the Ukiah Valley Sanitation District's proposed General Manager position. The Committee's recommendations will be presented to the Ukiah City Council and the Page 1 of 4 .e-- Ukiah Valley Sanitation District Board of Directors with a goal of August 15, 2008." Committee Meetings: The Committee met regularly on the first and third Thursday evening at 5:30pm in the County Administration Center (501 Low Gap Road) Conference Room C. Meeting were typically 120 minutes. Meeting agendas were published and posted at the County Administration Center and the Ukiah Civic Center. Detail meeting minutes were kept and approved by the Committee. An email list serve of all Committee members, and interested staff and citizens was maintained to distribute Committee documents. Committee Methods and Research: In order to methodically and systematically uncover and discuss all issues related to sewer system governance, the Ad Committee first conducted a workshop with City of Ukiah Wastewater Collection and Treatment staff. The Ad Committee then conducted a structured brainstorming and categorization exercise. The question posed was as follows: "What are the Sewer System Challenges? This exercise identified a list of 58 ideas where the sewer system faced challenges. From this list of 58, the Ad Committee then placed each idea in one of five categories: l) Infrastructure; 2) Governance; 3) Operations and Maintenance; 4) Finance; and 5) Regulation. The list of Governance issues were identified as follows: 1) Complex system 2) One system / 2 governing boards 3) Long range goals for growth 4) Lack of consistency 5) Deferred maintenance 6) Accountability & transparency 7) Communications 8) Consolidations 9) Complete overhaul of management 10) Participation agreement needs revision 11) Agreement by both political bodies 12) City/district overlap areas 13) Duplication of admin/mgmt 14) Recruitment & retention of qualified employees 15) Inconsistent political will 16) Systematic review of system maintenance 17) Lack of district staff 18) Right of way fund held by City for District 19) No proactive work; crisis management (i.e. no time for proactive work due to preoccupation with constant reactive work 20) Inconsistent & inappropriate representation on BoS (e.g. District 3 or 4 Supervisor Representing the San. District that is in Districts 1 & 2) Page 2 of 4 The Ad Committee defined what "Good Governance" meant. Using resources available on the internet, the Ad Committee agreed that the term "Good Governance" has eight major characteristics. It is participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive, and follows the rules of law. The Ad Committee then assigned each of the identified sewer system governance issues to at least one of the eight major characteristics. Through this systematic and structured approach the Ad Committee fully discussed all identified governance issues. Committee Approach to Governance Recommendations: The Ad Committee had wide ranging discussions on how the sewer system may be reorganized to achieve good governance. The one overriding comment that was repeated is that the City of Ukiah and the Ukiah Valley Sanitation District "cannot afford a divorce", therefore a practical and workable solution must be derived under the existing structure and intergovernmental agreements. There was discussion of a complete system overhaul to include one elected sanitation board of directors controlling and operating the entire system. This solution was viewed to have numerous advantages, however this solution was dismissed due to the unlikely outcome of deep seated vested interests agreeing to such a dramatic system overhaul, as well as the structure of the current bond finance arrangements for the upgraded and improved wastewater treatment plant. The Ad Committee examined the idea of forming a joint powers authority (JPA), however this idea was dismissed based on the present governance arrangements under the current Participation Agreements are not that dissimilar from a potential JPA, and that a JPA would be an additional layer of bureaucracy. In the end, the Ad Hoc Committee's recommendations for good governance improvements focused on areas where the current Participation Agreements may be improved to provide greater clarity and accountability. Committee Recommendations: The Ad Hoc Committee recommends that the Ukiah City Council and Ukiah Valley Board of Directors should consider revision of the July 1995 Participation Agreement to add language, which: Section 1: ✓ Sets forth a systematic review and audit of all Equivalent Sewer Service Units (ESSU's). ✓ Establishes a system of cost allocations for the collection system based on actual annual costs for repair and maintenance within District and City areas. Section 3: ✓ Clarifies that certain trunk lines are under District ownership. ✓ Allows future expansion at District cost of the City's wastewater treatment plant to service existing development and growth within the District. ✓ Allows future expansion of District's trunk lines to service existing development and growth within the City. Page 3 of 4 Section 5: ✓ The City and District develop a policy to determine when annexation of existing development is appropriate. Investigate the utilization of package or pre-treatment facilities to service newly annexed areas. Section 6: ✓ Requires more frequent City/District Joint Meetings than the presently prescribed once per year. Section 9: ✓ Defines the terms "good repair" and "reasonable period of time". ✓ Provides for District alternatives if the City does not provide repairs or construct new sewer lateral extensions. Section 10: ✓ Provides for District alternative if the City does not enforce District rules or ordinances. Section 12: ✓ Maintains a rate system that funds the depreciation of system value over time. ✓ Implement and maintain a data collection system. Section 13: ✓ Provides for an accounting system that uses work orders for all system maintenance and repair in order that actual expenses between the District and City may be known, and a more accurate cost allocation method established. ✓ Provides for a system of equipment and vehicle ownership wherein the City and District are charged a reasonable rate for equipment and vehicles used in the actual operation and maintenance of the collection system. New Section: ✓ Grants the District proportional rights to recycled water when produced at the wastewater treatment plant. Additional Committee Recommendation Not To Be Included In The Participation Agreement: District and City should review their rate structures. Page 4 of 4 CITY OF UKIA SPECIAL MEETING MINUTES 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 The Ukiah City Council and the Ukiah Valley Sanitation District met at a special meeting on September 17, 2008, the notice for which being legally noticed on, September 12, 2008. Mayor Crane called the meeting to order at 4:36 pm. Roll was taken with the following Councilmembers present: Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Sanitation District Board present: Directors Wattenburger, Delbar, and Crane. Staff present: City of Ukiah Director of Public Works/City Engineer Eriksen, UVSD City Attorney Rapport, City Manager Chambers, City of Ukiah Deputy City Clerk Currie, District Manager Kennedy, and Board of Supervisors Clerk Fuhrman. 2. Discussion & Potential Action Items a. Receipt of Final Report of the City of Ukiah/Ukiah Valley Sanitation District Joint Ad Hoc Committee and Recommendation on Further Actions by Ukiah City Council Recommended Action: City Council to receive the report of the Ad Hoc Committee, both verbal and written, and provide direction to staff. UVSD District Manager Kennedy presented the item. Clifford Paulin and Jim Ronco gave a verbal presentation on the Final report. Public Comment: Mike Johnson A Motion was also made and carried by the unanimous voice vote of the UVSD Board of Directors present regarding accepting the final report and directing staff to schedule the matter on the first agenda with the new District Board of Directors, with the recommendation that the Ad-Hoc Committee's recommendations be implemented. Councilmember McCowen made a motion to accept the report as presented, direct staff to consult with the District Manager to begin identifying policy issues that will need to be discussed and the results of those discussions be brought back to the City Council for their consideration. Motion Failed due to lack of a second. Councilmember Baldwin made a motion to accept the report. Motion withdrawn. M/S Rodin/Baldwin to accept the final report and appoint two Councilmembers to an Ad-Hoc Committee, Councilmember Rodin and Mayor Crane subcommittee members to work with staff to discuss policy issues and implications of the report and bring back for discussion. Public Comment: None Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 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) UVSD District Manager Kennedy presented the item. The District Board is recommending the District and the City participate jointly in some manner in a public awareness program related to a pending pickup program of unwanted or expired pharmaceuticals being developed by MSWMA board. Public Comment: John Graff and Jim Rickel A Motion was also made and carried by the unanimous voice vote of the UVSD Board of Directors present to jointly participate in a public awareness program announcing the MSWMA Pick-up Program of Unwanted or Expired Pharmaceuticals after the program is finalized and implemented; decide on the level of participation, which may include all or some of the following actions/courses: direct staff to prepare/process bill insert announcing the program; authorize the expenditure of $1,000 from Fund 612 for placement of a commercial ad in the local newspaper and direct staff to prepare a budget amendment; authorize the expenditure of Fund 612 monies for mailing via first class mail a notice of the program to District ratepayers not receiving consolidated utility bills and direct staff to prepare a budget amendment; direct staff to place the notice of the program on the City's website; direct staff to make a request to the County for the placement of the notice of the program on the County's website. M/S Rodin/McCowen to jointly participate in a public awareness program announcing the MSWMA Pick-up Program of Unwanted or Expired Pharmaceuticals when the program is finalized; participation my include some or all of the following recommendations from the Ukiah Valley Sanitation District's staff report which are: Direct staff to prepare/process bill insert announcing the program, authorize the expenditure of $1,000 from Fund 612 for placement of a commercial ad in the local newspaper and direct staff to prepare a budget amendment; authorize the expenditure of Fund 612 monies for mailing via first class mail a notice of the program to District ratepayers not receiving consolidated utility bills and direct staff to prepare a budget amendment; direct staff to place the notice of the program on the City's website; direct staff to make a request to the County for the placement of the notice of the program on the City's website. Staff is to work out the details. Public Comment: None Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 3d ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIA AMENDING SECTIONS 3798A, 3704.2, 3706.7, 3000, 8336, 9150, Subsections 13 and J, 9277, Subsection 13, 9278, and 9543, Subsection A of the Ukiah City Code. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Sections 3798A, 3706.4, and 3706.7, of the Ukiah City Code are hereby amended to read as follows: §3798A: PURPOSE, POLICY, AND ADMINISTRATION: (a) The purpose of this Article is the regulation of the generation and disposal of grease interceptor waste for the protection of the City of Ukiah (City) Sewage Treatment Plant (POTW) and the environment. (b) The objective of this Article is to reduce the operational and maintenance costs of maintaining the POTW and ensure compliance of State Water Resources Control Board (SWRCB) permits, including the City's National Pollutant Discharge Elimination System (NPDES) permit by preventing the accumulation of Grease within the collection system. (c) This Article shall apply to the City of Ukiah and to persons outside the City and the Ukiah Valley Sanitation District (District) who, by contract or agreement with the City or the District, are users of the City's POTW. 3704.2: DESIGN AND CONSTRUCTION REQUIREMENTS: Design and construction of building laterals and street laterals shall be in accordance with the requirements of the district and/or city as adopted from time to time, including, but not limited to, the California plumbing code as adopted by the City. 3706.7: IMPLEMENTING PROVISIONS: F. Interceptors Required: In accordance with Article 17 of Chapter 2, Division 4 of the Ukiah City Code, commencing with Section 3798.A, grease, oil and sand interceptors shall be provided when in the opinion of the City they are necessary for the proper handling of liquid wastes, containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredient; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity currently designated by the California Plumbing Code, and shall be so located as to be readily and easily accessible for cleaning and inspection. In addition, commercial or industrial waste discharges may be required to provide holding tanks with provision for neutralization, temperature control or rate-of-discharge control to avoid slug loadings or excessive flow rates. The Director of Public Works may require screening of any flow of commercial or industrial sewage as is required to protect the usefulness of the sewage system of the City. Such screens shall have the equivalent to twenty (20) meshes to the linear inch, both directions. No insoluble material of such size that will not pass through the screen herein required, may be discharged or permitted to enter the sewage system of the city. G. Maintenance of Interceptors: All grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all times, and corrected immediately on notice of deficient operation, and In accordance with Article 17 of Chapter 2, Division 4 of the Ukiah City Code, commencing with Section 3798.A. SECTION TWO Sections 3000, 8336, 9150, Subsections B and J, 9277, Subsection B, 9278, and 9543, Subsection A of the Ukiah City Code are hereby amended to read as follows: 3000: ADOPTION OF MODEL CODES: Except as amended or modified by other provisions of this division, the city council hereby adopts by reference and makes effective within the city, the following: The versions of the model codes and specific appendices, as listed and defined in sections 3001 through 3010 of this chapter, which have been adopted by the state of California within title 24 of the California Code of Regulations, as they are adopted, amended, or repealed from time to time pursuant to chapter 2 of part 1.5 of division 13 of the Health and Safety Code (commencing with section 17920) including the California Code of Regulations, California building code, California electrical code, California mechanical code, California plumbing code, California energy code, California elevator safety construction code, California historical building code, California existing building code, and the California referenced standards code 8336: GRADING AND EROSION CONTROL: Every map approved pursuant to this Chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in the California Building Code as from time to time adopted by the City. 9150: DEVELOPMENT STANDARDS: Condominium developments, either new structures or the conversion of existing structures originally built for sale or lease, shall be permitted in any district upon the securing of use permit, provided that the following standards are met: B. Classification: Residential condominiums shall be classified as follows: 1. Horizontal condominiums shall be buildings in which single-family units are constructed, either as separate structures or as self-contained units, within a common structure having individual entrances and utility connections, no opening in any wall common to two (2) or more units and no part of any unit on top of any part of any other unit. 2. Vertical condominiums shall be any duplex, triplex or apartment house, as defined in the California Building Code of the City (Chapter 1, Division 3) in which condominium any part of any dwelling units is on top of any part of any other dwelling unit. J. Occupancy Type: Condominiums shall be Group 1 occupancy as defined in the California Building Code (Chapter 1, Division 3 of this Code). 9277: TERMINOLOGY: B. "Building Official" means the person designated by the California Building Code, as adopted by the City, as responsible for enforcement and administration of the building code. 9278: DEFINITIONS: FLOOR AREA, GROSS: The total enclosed area of all floors of a building, measured to the surfaces of exterior walls, including halls, stairways, elevator shafts, service and mechanical equipment rooms, light wells, courts, and basement, cellar or attic areas deemed usable by the building official or habitable by the California Building Code. 9543: ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES: A. Creation by Resolution: By resolution the City Council shall establish such capital improvement fees as it determines are necessary to contribute toward the financing of public facilities. Each such resolution shall: 1. Establish and describe the benefit and impact area within which the fee shall apply; 2. Set forth the specific amount of the fee; 3. List the specific public improvement or improvements to be financed; 4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering services and administrative costs; 5. Describe the reasonable relationship between the fee and the types of new development to which it will apply; 6. Set forth the time when the fee must be paid as follows: a. As to residential development that time shall not be sooner than the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. The City shall not furnish utilities to occupants of any such residential development prior to final inspection and the issuance of a certificate of occupancy. The City shall disconnect utilities furnished to a residential development if that development is occupied prior to final inspection and the issuance of a certificate of occupancy. In accordance with the §§2136 to 2137, the City shall revoke the business license issued pursuant to Division 2 of this Code to any person (as defined in §2100) engaged in a business (as defined in §2101), if such person participates as seller, broker or otherwise in the sale of a residential development to an occupant of that development before final inspection and issuance of a certificate of occupancy. The City shall not issue a new business license to a person whose license is revoked as provided herein for a period of two (2) years. b. As to all other development that time shall be at the time a building permit is issued. c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are paid. "Building permit," "final inspections," and "certificate of occupancy," as used in this Section, have the same meaning as described in the California Building Code, as adopted by the City of Ukiah. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on February 4, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Rodin, and Mayor Baldwin NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on , 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk