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HomeMy WebLinkAbout2009-10-07 PacketROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. A Proclamation Of The Ukiah City Council In Recognition Of "Domestic Violence Awareness Month, October 2009" 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of September 16, 2009 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report To City Council On Claims Received For Money Or Damages Against The City, Rejected By The City Manager And Referred To Redwood Municipal Insurance Fund b. Receive Report Of The Expenditure Of $9,920.78 For The Purchase Of 2 Seats Of AutoCAD Software (Autodesk Map 3D 2010) For The Electric Department C. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Gobbi Street Water Well d. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well e Approve Budget Amendment And Award Of Professional Services Agreement To Rau And Associates, Inc. In An Amount Not To Exceed $18,081 For Preparation Of Bid Documents For South Dora Street Rehabilitation; Designate Additional $1,808 For Design Contingencies f. Award Purchase Order To Evergreen Job And Safety Training To Provide Training Services For Electric Meter Readers/Technicians In The Amount Of $15,451.92. g. Approval Of Notice Of Completion For Street Striping 2009, Specification No. 09- 04 h. Approval Of Bid From Weck Laboratories In The Amount Of $5865.00 To Analyze Drinking Water Samples Submitted For The Detection Of Disinfection Byproducts Report To Council And Approval Of The Purchase Of A Telephone System And Services From Telecom Services, Inc. For The New Wastewater Treatment Plant Facility In The Amount Of $11,073.44 Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. PUBLIC HEARINGS (6:15 P) 10. UNFINISHED BUSINESS a. Status Report And Possible Direction Regarding The Code Compliance Program b. Adoption of Resolution of the City Council of the City of Ukiah Approving the Conceptual Plans for Neighborhood Enhancement on Clara Avenue, Betty Street, and Lorraine Street C. Concerns re Outcome of Mobile Home Park Ordinance Governing Utility Billing d. Discussion And Possible Action: (1) To Fund Completion Of The Alex Rorabaugh Center; (2) For City Of Ukiah Community Services Department To Assume Management And Operation Of The Facility; And (3) For City Manager/Executive Director To Negotiate And Execute All Necessary Contracts And/Or Agreements To Implement These Actions e. Discussion And Direction Regarding Agreement Among Parties Contributing Funds Toward Local Sponsor Share Of The Army Corps O Engineers Coyote Dam Feasibility Study 11. NEW BUSINESS a. Proposed Adoption Of New Resolution Replacing Resolution 87-45 Governing Establishment of Aviation Fuel Prices at Ukiah Regional Airport b. Award Of Contract For The Redwood Business Park Electric System Reliability Improvement Project, Specification No 09-13, To Wipf Construction In The Amount Of $98,147.20 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERIC REPORTS 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units b. Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9(b)(1) Significant Exposure To Litigation (1 case) C. Conference with Real Property Negotiators (§54956.8) Property: APN 178-130-01, 178-210-01 Agency Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Solid Waste Systems, Inc. Under Negotiation: Price & Terms d. Conference with Real Property Negotiators 54956.8); Property: APN 002-281-15-00, 002-281-29-00, 002-281-02-00, 002-281-03-00, and 002-281-04-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Hardy Schmidbauer Under Negotiation: Price & Terms 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 2nd day of October, 2009. JoAnne Currie, City Clerk 3a. FRUCLAMATION A Proclamation of the Ukiah City Council in Recognition of "Domestic Violence Awareness Month, October 2009" WHEREAS, October 2009 marks the 23`d annual commemoration of National Domestic Violence Awareness Month; and WHEREAS, home should be a place of warmth, unconditional love, tranquility and security; but, for many Americans, is tainted with violence and fear; and WHEREAS, every woman, child, and man in America has the-right to live free from violence in their homes, neighborhoods, and communities; and WHEREAS, children who are subjected to domestic violence often grow up to inflict violence on others, creating a circle of violence that must be stopped; and WHEREAS, domestic violence is a public health issue that impacts people of all races, ages, income levels and gender; and WHEREAS, the US Department of Justice estimates that one million women are victimized by domestic violence each year, with less than half of all crimes actually reported; and WHEREAS, efforts to end domestic violence require collaboration and commitment from criminal and juvenile justice agencies, victim assistance organizations, physical and mental health care organizations, legal communities, schools, social services, and civic and community leaders, as well as the strength and courage of survivors; and WHEREAS, continued education and intervention efforts improve public awareness of the severity of domestic violence, help to prevent violence and reduce the related costs to society; and WHEREAS, from 2008-2009 Project Sanctuary offices served more than 1,229 domestic violence victims, sheltered 56 battered women and children which included 3,288 nights of safe shelter, distributed food and clothing to 82 victims, and helped 179 people obtain temporary restraining orders, provided prevention education to preschoolers, kindergarten through the 12th grade students, as well as for college students and other adults in our communities. NOW, THEREFORE, BE IT RESOLVED, that in honor of those who have survived domestic violence, in remembrance of those who have not, and in gratitude to all who devote themselves to ending domestic violence, I, Phil Baldwin, Mayor of the City of Ukiah, on behalf of my fellow City Council members Mari Rodin, Benj Thomas, Mary Anne Landis and Doug Crane do hereby proclaim October 2009 as "Domestic Violence Awareness Month" Signed and sealed, this 7th day of October, in the year Two Thousand and Nine. Philip E. Baldwin, Mayor 5a 1. ROLL CALL Ukiah City Council met at a Regular Meeting on September 16, 2009, the notice for which being legally noticed on September 11, 2009. Vice Mayor Thomas called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin, and Vice Mayor Thomas. Councilmembers absent: Mayor Baldwin. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Director of Public Works/City Engineer Eriksen, Director of Public Works - Engineering and Streets - Seanor, Community Services Supervisor Merz, Community Services Project Analyst Simerson, and City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation for Local Shopping 6:01:18 PM Vice Mayor Thomas read the proclamation and presented it to Spencer Brewer. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6. RIGHT TO APPEAL DECISION 6:06:11 PM 7. CONSENT CALENDAR M/S Rodin/Landis to approve the Consent Calendar items 7a-7i: a. Report Of Disbursements For Month Of August 2009 b. Report Of The Acquisition Of Professional Services From SHN Consulting Engineers And Geologists In The Amount Of $5,279.21 For Land Surveying Services C. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well d. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Gobbi Street Water Well e. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status f. Award Purchase Order To Evergreen Job And Safety Training For Services To Provide Job And Safety Training For A Period Of Three Years At A Total Cost $33,835.77 g. Award Purchase Of 4,500 Feet Of 15kv, AL 4/0 Cable To HD Supply Utility, Inc., Benicia, CA In The Amount Of $12,625.88 CC 9/16/09 Page 1 of 4 h. Award Purchase Of Pole Mount & Pad Mount Transformers For The Total Amount Of $22,814.68 i. Award Of Bids For The Purchase Of Electric Utility Vaults For The Redwood Business Park Electric System Reliability Improvement Project In The Amount Of $31,472.25 Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, and Vice Mayor Thomas. NOES: None. ABSENT: Mayor Baldwin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:08:16 P'N'I None. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Adopt Plans And Specifications And Approve Advertisement For Bids For The Perkins Street And Orchard Avenue Intersection Improvements, Specification No. 09-14. 6:09:16 PVM Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): Adopt plans and specifications for Perkins Street and Orchard Avenue Intersection Improvements, Spec. No. 09-14 and approve advertisement for bids. Councilmember Crane requested to have all plans and specifications online and in Council packets in addition to the counter at city hall. This change would allow the public and Council improved and more convenient access to these documents prior to approval. Councilmember Crane will vote No on principle. Public Comment Opened 6:15 pm Public Speaking to the item: Linda Sanders. Public Comment Closed 6:16 pm MIS Rodin/Thomas to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Rodin, and Vice Mayor Thomas. NOES: Councilmember Crane. ABSENT: Mayor Baldwin. ABSTAIN: None. By Consensus, City Council requested staff to address Councilmember Crane's concerns at a future meeting. 6:16:24 PM b. Award Of Contract For 2002 STIP Realignment Of Gobbi Street, Oak Manor Drive, And Babcock Lane Intersection, Specification No. 09-02 6:16:43 PM Director of Public Works/City Engineer Eriksen and Deputy Director of Public Works - Engineering and Streets - Seanor presented the item. Recommended Action(s): Approve budget amendment and fund transfers and award the construction contract for $878,813 (with designation of funding in the amount of $87,881.3 for authorized change orders) for the 2002 STIP Realignment of Gobbi Street/Oak Manor Drive/Babcock Lane Intersection, Specification No. 09-02 to Granite Construction Company of Ukiah. CC 9/16/09 Page 2 of 4 Public Comment Opened 6:26 pm Public Speaking to the item: Linda Sanders. Public Comment Closed 6:27 pm MIS Crane/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, and Vice Mayor Thomas. NOES: None. ABSENT: Mayor Baldwin. ABSTAIN: None. 11. NEW BUSINESS a. Award Of Contract For Orrs Creek Bank Stabilization Work From The Damages Sustained During The 2005/2006 New Year's Flood As Approved By FEMA. 6:28:34 PM Community Services Project Analyst Simerson and Community Services Supervisor Merz presented the item. Recommended Action(s): Award contract for Orrs Creek Bank Stabilization work from damages sustained during the 2005/2006 New Year's Flood as approved by FEMA to the low bidder, Valley Paving, in the amount of $28,596.50. Councilmember Landis requests that the CIP committee review the bidding process in the hope to reduce the number of irregular bids to ensure the city is requesting information in a clear format. City Manager Chambers stated the city has started taking steps to look at the bidding process and supports the request. 6-31 -19 PM Public Comment Opened 6:33 pm Public Speaking to the item: Linda Sanders Public Comment Closed 6:35 pm MIS Crane/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, and Vice Mayor Thomas. NOES: None. ABSENT: Mayor Baldwin. ABSTAIN: None. b. Approve Plans And Specifications For Ukiah Civic Center Roof Renovation Project And Approval Of Corresponding Budget Amendment Utilizing Capital Project Reserves. 6:36:16 PM Community Services Project Analyst Simerson and Community Services Supervisor Merz presented the item. Recommended Action(s): Approve Plans and Specifications for Ukiah Civic Center Roof Renovation Project and Approval of Corresponding Budget Amendment Utilizing Capital Project Reserves. MIS Landis/Rodin to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Rodin, and Vice Mayor Thomas. NOES: Councilmember Crane (due to the plans and specifications only being available at the counter in city hall. ABSENT: Mayor Baldwin. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Rodin reported that she will be attending the League of California Cities meeting. 6:43:02 PM CC 9/16/09 Page 3 of 4 Councilmember Landis reported that the biomass group she has been working with is close to submitting an EDA grant application for funding the feasibility study. 6:43:21 PM Councilmember Thomas reported on his attendance at the Library Advisory Board meeting and that the book sale starts September 25 for those who are Library Guild Members. 6:43:39 PM 13. CITY MANAGER/CITY CLERK REPORTS 6:44:43 PM City Manager Chambers reported the Strategic Planning is scheduled for September 30, 2009, meeting and the September 29 meeting will be rescheduled. City Manager Chambers inquired as to which Ad-Hoc, Finance or CIP, is meeting with the Ukiah Valley Sanitation District. Consensus of the Council was to have Mayor Baldwin make the decision. Adjourned to closed session concurrent with the closed session for Ukiah Redevelopment Agency at 6:46 pm. 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units b. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(b)(1) - Significant Exposure To Litigation (1 case) Reconvened in Open Session at 8:09 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 8:09 pm. JoAnne M. Currie, City Clerk CC 9/16/09 Page 4 of 4 City of-`Zlkjah ITEM NO.: 7a MEETING DATE: AGENDA SUMMARY REPORT October 7, 2009 SUBJECT: REPORT TO CITY COUNCIL ON CLAIMS RECEIVED FOR MONEY OR DAMAGES AGAINST THE CITY, REJECTED BY THE CITY MANAGER AND REFERRED TO REDWOOD MUNICIPAL INSURANCE FUND Background: The City Council adopted Resolution No. 2009-34 on August 19, 2009, authorizing the City Manager to reject and deny claims filed with the City Clerk under the Government Claims Act and to refer them to the Redwood Municipal Insurance Fund (REMIF). The City Council requested that Staff provide them a periodic report of all claims rejected and referred to REMIF for informational purposes. CLAIMANT NATURE OF CLAIM DATE OF INCIDENT DATE REFERRED TO REMIF David E. Prince Tree Limb 7/18/09 7/20/09 A copy of the above referenced claim form is attached for City Council's review. Recommended Action(s): Council receive report of Claims Rejected and Referred to REMIF. Alternative Council Option(s): N/A Citizens advised: NIA Requested by: City Council Prepared by: Melody Harris, Risk Manager Coordinated with: Jane Chambers, City Manager Attachments: Claim for Damages - Pages 1-3 Approved: U- vw Janee hambers, City Manager 'Waw-' File With: 2zW City Clerk CLAIM FOR MONEY OR City of Ukiah DAMAGES AGAINST THE 300 Seminary Avenue CITY OF UKIAH Ukiah, CA 95482 RESERVE FOR FILING STAMP CLAIM NO C~VC~ A claim must be presented, as prescribed by the Government Code of the State of Californ a, by the claimant or a acting on his/her behalf and shall show the following: City Of Ukiah If additional space is needed to provide your information, please attach sheets, identifying the paragi being answered. Name and Post Office address of the Claimant: Name of Claimant: Post Office Address: C'L 2. Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: Telephone: to ) tr_6-? act g - Post Office Address: 2(2:7 , ~1 a 3. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted Date of Occurrence: 4 5 Time of Occurrence: l/~r Location: 41OLI 0C ,1 f, I C ' Circumstances giving rise to this claim: A 'k General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. 1 a a J_/74_~~/''Ze~X~C~1~C GAG. ~ r, ~ ca n 214-1 The name or names of the public employee or employees causing the injury, damage, or loss, if known. Page 1 of 3 Revised 12/2006 A 6. If amount claimed totals less than $10,000: The amount -claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of an damage,-or loss, insofar as it may be known at the time of the presentation of the claim, together rwi hethe basis of- computation of the amount claimed. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be'ihcluded in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) D Limited Civil Case 0 Unlimited Civil Case You are required to provide the information requested above, plus your signature on page 3 of this form, in order to comply with Government Code §910. In addition, in order to conduct a timely investigation and possible resolution of your claim, the city requests that you answer the following questions. 7. Claimant(s),Date(s,) of Birth: 8. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 9. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. 10. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: (y Telephone: Address: 1100 d I ~1F f9 Q s rnm'.aeff g-A :t! / Insurance Policy No CP/ eg¢,I$~ Insurance Broker/Agent: n, . Telephone: Address: ~ l ~ Claimant's Veh. Lic. No.: -7 Vehicle MakefYear: Claimant's Drivers Lic. No.: faOVS,~:79,~ Expiration• If applicable, please attach any repair bills, estimates or similar documents supporting r your claim. Page 2 of 3 Revised 12>2oo6 READ C For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If /Agency Vehicle was involved, designate by letter "A" location of /Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw AREFULLY /Agency Vehicle; location of /Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at. the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not-fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK ~y CURB ___t _'--n -L,~~ I r2r✓ G, PqrIC PARKWAY SIDEWALK V~! L G y Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP §1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Date: 7 / ';?o t~ r J6 s (VI Page 3of3 Revised 12/2006 SUBJECT: RECEIVE REPORT OF THE EXPENDITURE OF $ 9,920.78 FOR THE PURCHASE OF 2 SEATS OF AUTOCAD SOFTWARE (AUTODESK MAP 3D 2010) FOR THE ELECTRIC DEPARTMENT. Background: This report is regarding fees to be paid for 2 seats of AutoDesk Map 3D 2010 software. Discussion: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the expenditure costing more than $5,000 but less than $10,000. The Electric Department has updated its AutoCAD software to eliminate issues between older and newer software versions, provide vendor support services requested by the Information Technology Division and provide additional features to facilitate work flow. Two features of the updated software are the ability to directly integrate aerial photography into the drawings and the capability to export AutoCAD drawings directly into PDF format for viewing by customers and vendors using a PDF viewer. The cost per seat, with tax, is $4,960 (or $9,920 for both seats). This amount has been budgeted in account number 800.3642.800.000. Fiscal Impact: Not Applicable Budget Amendment Required ® Budgeted FY 09/10 F-1 New Appropriation F-1 r Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $110,000 Electric department 800.3642.800.000 Recommended Action(s): RECEIVE REPORT OF THE EXPENDITURE OF $ 9,920.78 FOR THE PURCHASE OF 2 SEATS OF AUTOCAD SOFTWARE (AUTODESK MAP 3D 2010) FOR THE ELECTRIC DEPARTMENT. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Mel Grandi, Electric Utility Director Prepared by: Robert Mandel, GPS Supervisor and Mel Grandi, Electric Utility Director Coordinated with: Mary Horger, Purchasing Supervisor, IT Division Attachments: None Approved: Jap'hambers, City Manager City of Ukiah ITEM NO.: FETING DATE: AGENDA SUMMARY REPORT 7c October 7, 2009 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF GOBBI STREET WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at the corner of Gobbi Street and Orchard Avenue. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, and 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process. According K.G. Walters' "Three Week Schedule", the Gobbi Well pump house is expected to be completed by October 2, 2009. The schedule submitted by K.G. Walters is attached to this report. Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works - Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Three Week Look Ahead Schedule Approved:' e Chambers, City Manager 61 cu Cf) T S 0 0 C) .b, ti L (V ~C G 7 A z 0 6 .bs S C 0 rn sa 4p 6' ° ash te, G O1 V CD CD (D r i CY m. L Co .2 0 CO L Cy, C Cn CY. = ' L 0 ( ^^xx W s= E Q Q a •L a) CCs 3 y ~ X w = Ca a C w Cr. a2S t~ . J to U) ` C C ~ -0 0 D O O 'O Ne O co N 0 m (A J -Q co y L ~ a S O (n O om O U 5 d S O U- co a e~ LL 0 p 7E5 ® a) 0 c' O o L rn 0 T~ L d ~ C G Z 0 CC~n x x o~ s a 4 a 0 0 xx Gal L A (D Y a 0 U O ( 6 cr- C C U Q c o a o o Co aa) > = ca S ° ~ aa) Co o w a) U (D m Q N Q N ° :D C/) a) 023 U U Q E CL CL E tC -0 m 0- d U d U C/3 CD U 7d October 7, 2009 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF OAK MANOR DRIVE WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process, and 4) on May 28, 2009, the State Water Resources Control Board amended Order WR 2009-0027-DWR. The amended Order approved the reduction in minimum instream flow requirements for the upper Russian River. The effective date was changed from July 1, 2009 to July 6, 2009 Recommended Action(s): Receive the report. Continued on Paqe 2 Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works - Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Approved: ne Chambers, City Manager Page 2 Zim Industries removed the sound wall. The technical specifications for the pump and motor have been completed. The design engineering construction, HDR Engineering, is working to complete the plans and specifications for the pump house. City o,' Z1kiah ITEM NO.: 7e FETING DATE: AGENDA SUMMARY REPORT October 7, 2009 SUBJECT: APPROVE BUDGET AMENDMENT AND AWARD OF PROFESSIONAL SERVICES AGREEMENT TO RAU AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $18,081 FOR PREPARATION OF BID DOCUMENTS FOR SOUTH DORA STREET REHABILITATION; DESIGNATE ADDITIONAL $1,808 FOR DESIGN CONTINGENCIES Background & Discussion: Staff distributed a request for proposals to 6 firms seeking professional consulting services for preparation of bid documents for the rehabilitation of South Dora Street, from the northernmost intersection of Luce Avenue to Washington Avenue. Three firms responded with proposals. Staff reviewed the proposals with the consultant selection board and selected Rau and Associates, Inc. for submitting the most responsive proposal. Selection of professional consultants must be made by qualifications, not by fee amount. Other proposals received included Green Valley Consulting Engineers at $20,880 and Coastland Civil Engineering at $39,272. To allow for contingencies in the anticipated consultant scope of work of $18,081, staff recommends that the purchase order be authorized for $19,889, which is 10 percent above the contract not to exceed amount. The construction phase of this project will be funded by the American Recovery & Reinvestment Act (ARRA) through the Mendocino Council of Governments. A budget amendment will also be required since an expenditure account had not been identified for this project. Staff recommends award of a professional services agreement to Rau and Associates, Inc. for the preparation of bid documents for rehabilitation of South Dora Street. Fiscal Impact: H Budgeted FY 09/10 ❑ New Appropriation Not Applicable 1X I Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $ STP d(1) 341 341.9661.801.000 $19,889.00 Recommended Action(s): Approve budget amendment and award a professional services agreement to Rau and Associates, Inc. in an amount not to exceed $19,889 for preparation of bid documents for rehabilitation of South Dora Street. Alternative Council Option(s): Select another firm (not recommended). Citizens advised: None Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Ben Kageyama, Senior Civil Engineer Coordinated with: Jane Chambers, City Manager Attachments: None Approved: a' Jan hambers, City Manager City vJ: Ukiafz ITEM NO.: 7f MEETING DATE: AGENDA SUMMARY REPORT October 7, 2009 SUBJECT: AWARD PURCHASE ORDER TO EVERGREEN JOB AND SAFETY TRAINING TO PROVIDE TRAINING SERVICES FOR ELECTRIC METER READERSITECHNICIANS IN THE AMOUNT OF $15,451.92. The State of California Division of Occupational Safety and Health - Title 8 regulations require electrical safety training for Finance and Electric Department personnel that work with disconnecting and reading electric meters. The safety training includes providing six (6) onsite training sessions each year for a three year period that cover the following areas: Emergency response procedures, electrical switching & safety, hearing-testing/conservation, job briefing and observation, CPR & First Aid, single phase & poly phase meter Installation and change-outs, meter safety, and basic electrical theory. A Request for Proposal was issued, sent to three known companies, and posted on the City's website. Evergreen Job and Safety Training, the current training contractor for the Electric Department personnel, was the only company that responded. In our area, sources for these services that cover this range of training topics are limited. Evergreen's proposal was reviewed and found acceptable at a cost of $4,950 for the first year (FY 09/10); $5,148 for the second year (FY 10/11); and $5353.92 the third year (FY 11/12). The total contract cost for all three years will be $15,451.92. It is Staff's recommendation that City Council award this purchase to Evergreen Job and Safety Training in the amount of $15,451.92. Adequate funds ($5,562) were budgeted in FY 09/10 budget no. 800.3765.160.000 for the first years cost of $4,950. Fiscal Impact: ® Budgeted FY 09/10 ❑ New Appropriation ❑ Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $5,562.00 Electric, Training & Conf. Exp. 800.3765.160.000 N/A Continued on Paqe 2 Recommended Action(s): Award purchase order to Evergreen Job and Safety Training to provide training services for Electric Meter Readers/Technicians in the amount of $15,451.92. Alternative Council Option(s): Do not award this purchase and provide further direction to Staff. Citizens advised: NIA Requested by: Mary Horger, Purchasing Supervisor, and Colin Murphy, Electric Supervisor Prepared by: Mary Parker, Purchasing Assistant Coordinated with: Mel Grandi, Electric Utility Director and Jane Chambers, City Manager Attachments: N/A Approved:i Ja Chambers, City Manager 7g October 7, 2009 SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR STREET STRIPING 2009, SPECIFICATION NO. 09-04 Background: This project was funded in the FY 2008-2009 budget adopted by the City Council. Discussion: The City Council awarded the contract on August 5, 2009 to Sierra Striping Inc. of Loomis, California (contractor) in the amount of $33,915.53. The work of the contract was completed by the contractor in substantial conformance with the approved plans and specifications on September 11, 2009. The final contract cost, based on actual quantities constructed and the approved change orders, is $35,327.64. Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion is filed with the County Recorder. Fiscal Impact: Budgeted FY 09/10 7 New Appropriation ® Not Applicable Budget Amendment Required F Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested Recommended Action(s): 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Street Striping 2009, Specification No. 09-04. Alternative Council Option(s): N/A Citizens advised: Ron Johnson, Sierra Striping Inc. Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Alan Hasty, Assistant Engineer Coordinated with: Jane Chambers, City Manager Rick Seanor, Deputy Director of Public Works - Engineering & Streets Attachments: 1. Notice of Completion Approved: ~~-L Jane hambers, City Manager F Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE IS HEREBY GIVEN: NOTICE OF COMPLETION 1. That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Street Striping 2009, Specification No. 09-04 of all said owners is that of fee simple. 3. That on the 11th day of July 2009, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is Sierra Striping Inc., 6141 Angelo Court, Loomis, CA 95650. 5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as various streets within the City of Ukiah. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation By: Date JoAnne Currie, City Clerk State of California Date County of Mendocino ~'1ry P~ ~f.1~~ZrGfZ ITEM NO.. 7h FETING DATE: AGENDA SUMMARY REPORT October 7, 2009 SUBJECT: APPROVAL OF BID FROM WECK LABORATORIES -IN THE AMOUNT OF $5,865.00 TO ANALYZE DRINKING WATER SAMPLES SUBMITTED FOR THE DETECTION OF DISINFECTION BYPRODUCTS. Background: Weck Laboratories, with a bid total of $5,865.00, was the lowest bidder from four bids submitted. The requested work will be to analyze drinking water for Disinfection Byproducts. This bid amount will cover three years of quarterly analyses from October 2009 through July 2012. Discussion: The USEPA and the CDPH require the City of Ukiah to analyze their drinking water quarterly for Disinfection Byproducts (D/DBP). These include Total Trihalomethanes (TTHM) and Haloacetic Acids (HAAS). These are carcinogens that are created when chlorine disinfectants react with normally occurring organic compounds found in surface waters. The City of Ukiah falls far below the Action Levels, 64 and 48 parts per billion respectively, set forth by the regulators. Fiscal Impact: Budgeted FY 09/10 F] New Appropriation F7 Not Applicable Budget Amendment Required I Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $ 50,000 Water Production 820.3908.250.000 $ 0 Continued on Page 2 Recommended Action(s): Approve bid of $5865.00 from Weck Laboratories in the amount of $5,865. Alternative Council Option(s): Reject bid and direct staff on alternative. Citizens advised: Requested by: Tim Eriksen, Director of Public Works Prepared by: Alan Jamison, WTP Supervisor Coordinated with: Attachments: Bid Tabulation Sheet Approved: _C42" C4,4__- Jang~ohambers, City Manager .C CO C 0 N a m N co C Q U) 'p O O N > ~ m~ "~O 0 U ,20 .C 6 = C"0 N 0 O U ~N (D D) N U) 2 a c O F~ m M ~i C c"a O CC 'a m O cc _~co cC < N C~ N i+ W O O o 0 o O O o 0 0 0 0 N N o0 co ~ C.19 {o C7 ~ _ C t O O O O O O O O - C33 Q1 C=5 a7 C=5 C37 ~ tf} Ei-} Ef} Cf3 4R O O O O O -a 0 0 0 0 0 C3 -C3 o 0 ca 00 o co 0 0 0 D cfl co c~ r- r X r- r- T N Q W Efl- 69 Goa f~ G, O O O O O O O O q O ® O GO ~ r d- CF tf3 6F? ft3- ES} ~ O o O O O ~ O O O O O o CQ O CQ o Cfl o LC> O M N LC7 LC7 LCD al CO - ~ ~ Cfl W EF3 f~ J V3- G F9 O O O O E13 O O O O zt=! C=5 O M C M M _ tf} CfS _ Ef3 Ef} SAY E~ S ~ O O O d C~O.~ O (DO o 00 O C~ Lc-.> arl, M M M 1~- OC9 X r LC'~ I L1 'CA3 G,9 ff3 if3 O O O O H3 o O O o LC-3 LC5 LC.> LC> C r L-9 V9 ~ Cf} C" i CQ co co CO - L Q Q~ CD C] n cl, o Col.) ~ N cY LCD N N N CV C c O N N C U co o r- 7:3 O p Co co N CV r - O O N N N N O C= ca O ~ N N a > CD a cu M co o v =3 -c a O Cc$ Q --5 C O O O O O N ~ N ~ v c i i N N N LC> f r r o L t J ..fir ~ V Q ~ R V sa Q f/7 m N C Q j je a Ci i y tyJ "Ukiah ITEM NO.. 7i FETING DATE: AGENDA SUMMARY REPORT October 7, 2009 SUBJECT: REPORT TO COUNCIL AND APPROVAL OF THE PURCHASE OF A TELEPHONE SYSTEM AND SERVICES FROM TELECOM SERVICES, INC. FOR THE NEW WASTEWATER TREATMENT PLANT FACILITY IN THE AMOUNT OF $11,073.44 Background: As part of the planned renovation of the City's Wastewater Treatment Plant Facility, a new operations building was constructed to provide for office and lab space. In the past, basic telephone services were leased through AT&T, outside of the City's telephone system. As part of the development, the City's core Mitel telephone system was expanded to the facility. Discussion: With the increased number of lines and services required at the new facility, the IT Department recommended extending the City's internal Mite[ phone system to the Wastewater Treatment Plant facility. This eliminated the City's need to continue to lease and maintain basic telephone services from AT&T and integrates the system with the City's current phone system. In addition to eliminating the monthly service charges from AT&T, the new system expands functionality including 4 digit dialing, voicemail, call forwarding, etc. In the future, the Mitel system can be leveraged to support onsite paging and other integrated services. The City has made a significant investment in its core Mitel telephone system. The choice of the expansion was made recognizing that investment. Telecom Services, Inc. is the City's designated Mitel service vendor. Equipment required for the expansion was $9,325.00, the cost for installation & setup was $932.50 and the sales tax was $815.94 for a total of $11,073.44. The purchase was a planned and budgeted expenditure. As a matter of procedure, the item should have come to-Council for approval prior to the purchase, but was overlooked given the single vendor option. Subsequently, this report is being filed with Council to report and approve the purchase. Fiscal Impact: X Budgeted FY 08/09 7 New Appropriation Not Applicable F1 Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $11,073.44 City/Dist Sewer Construction 611.7410.800.009 $0 Recommended Action(s): Receive the report and approve the purchase of the telephone system and services from Telecom Services, Inc. for the amount of $11,073.44 for the Waste Water Treatment Plant. Alternative Council Option(s): N/A Citizens advised: NIA Requested by: Waste Water Treatment Plant Prepared by: Steven Butler, IT Supervisor Coordinated with: Sage Sangiacomo, Assistant City Manager Attachments: 1. Invoice Approved: _ F e`Chambers, City Manager Attachment #1 TeleCom Services Co. 710 South State St. Suite D Ukiah, CA 95482 Phone: 707463-2083 Fax: 707-463-1909 INVOICE 6/1612009 0000004041 0000490 T 7 1 0? City Of Ukiah 300 Seminary Avenue Ukiah, CA 95482 ,I =T Wastewater Treatment Plant Plant Road Ukiah, CA 95482 Net 30 Install Mitel 3300 ICP phone system at new Wastewater Treatment Plant Installed Mitel 3300 CX controller and 12 5330 IP phones per quote - programmed & interconnected IP trunking to Civic Center system - Setup centralized voice mail - connected existing analog line - all op. OK 1.00 Materials Per Quote 9325.00 9325.00 1.00 Labor Per Quote 932.50 932.50 TER JUL 0 6 2009 CITY F UKIA FINANCE DEPT. 1 _ \ s SUBTOTAL $10257.50 TAX $815.94 TOTAL $11073.44 City aJ 'Zjkiahz ITEM NO.: Tj FETING DATE: AGENDA SUMMARY REPORT 10/6/2009 SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE. (Attachment #1) The resolution contains recitals setting forth the drought conditions and the response to those conditions by the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control Board which the resolution seeks to address. Please refer to those recitals for details. Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined actions that the City is taking, responded to SCWA's request for water use information, and included an outline of the City of Ukiah's water conservation program for 2009. As a result of the drought, the City Council has considered many different aspects of the water shortage issue. Under Council's direction, staff has implemented a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. On June 17, 2009, the City Council adopted the mandatory water conservation measures. 1. 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; 2. Use of water which results in flooding or runoff in gutters or; 3. Use of water through a hose for washing cars, buses, boats, trailers or other vehicles in the public right of way or any other location that creates runoff in gutter or streets; Continued on page 2 Recommended Action: City Council receive the status report on water shortage emergency, and provide further direction on water shortage activities as needed. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Ann Burck, Deputy Director of Public Works, Attachments: Attachment 1 - Resolution Attachment 2 - Letter to SCWA Approved: - -R Ja `Chambers, City Manager SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Page 2 4. Use of water through a hose for washing buildings, structures, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or other hard-surfaced areas that creates runoff in gutter or streets; 5. Service of water by any restaurant except upon the request of a patron; 6. Use of water to flush hydrants, except where required for public health or safety. 7. Use for more than minimal landscaping in connection with new construction. Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004 quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an outside consulting firm. Developments from the SWRCB On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR 2009-0027-DWR, Order WR 2009-0034-EXEC. The amended order conditionally approves Sonoma County Water Agency's (SCWA) petition to reduce the flow in the Russian River-from July 6 through October 2, 2009 to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre- feet. The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004) from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and municipal Russian River water user to reach a water conservation goal of 25 percent in Sonoma County and 50 percent ;in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009). The amended order modified the original order issued on April 6, 2009. From July 6) through October 2, 2009, minimum in stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet). The order by the State Water Resources Control Board ends on October 2, 2009. The City of Santa Rosa has also lifted there conservation efforts on October 3, 2009. At this time City of Ukiah Staff is still recommending the continued effort for conservation. ATTACHMENT / RESOLUTION NO. 200947 RESOLUTION OF TEM CITY COUNCIL OF THE CITY OF UICIfAH DECLARING A LOCAL, EMERGENCY PURSUANT TO T EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF TEM UICIAH CITY CODE WHEREAS, 1. Lake Mendocino and the Russian River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; 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. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; 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 approximately 53,000 acre feet on April 1, 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. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("S WRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWA") to reduce in-stream flows in the Russian. River to 75 cfs from April 6-June 30, 2009 and to as low as 25 cfs for the period July 1-October 2, 2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April 1 -June 30, 2009; and 11. The order approving temporary changes to the minimum in-stream flows required by the appropriative rights permits issued to SCWA is subject to several conditions, including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to `obtain the cooperation and participation of agricultural and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009)"; and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) 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 City 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 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 a declared local emergency, local agencies may provide"mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code 8631-86-34); and 15, In a declared local emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency; and - 16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate provisions of Division 4, Chapter 1, Article 11 of the Uldah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as maybe required to reduce water demand to coincide with available supply; and 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian. River or water stored in Lake Mendocino; and 19. Stage II and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on "nonessential water use° in a Stage II water emergency and a limit on the daily use of water by different classes of water user in a Stage III emergency, and 2 20. The City can declare a Stage II or Stage II emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate reduction in the use of Russian River water or in water use generally to meet the available supply; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares a local emergency due to drought under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Ukiah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 ("Conservation Period', and to report back t6 the City Council at each City Council meeting field during that same time period on the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to snatch the available supply and to recommend a Stage H or III emergency, if necessary to achieve that level of water use; c, at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in a Stage H or III Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the State Water Resources Control Board; c. to work with other local governments in the County, including the incorporated cities and county water districts, 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 d. to coordinate mutual aid efforts to address the IocaI emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E. aldwhL Mayor ATTEST. •.y L d ro ity Clerk 3 '2 April 28, 2009 ` Lynn Florey Sonoma County Water Agency Principal Program Specialist P.Q. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. I do not know when your letter was received by the City of Ukiah, but it arrived-at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current drought conditions directly to my office, as that will assist ifs in making timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced since.2004 by 13%. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use. Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please find the City of Ukiah's Water Conservation Program which outlines current activities the City is taping to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City of Ukiah must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wells 43 and A. The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well #3 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well A, which is percolated groundwater. On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone* 707/463-6200 Fax# 7071463-6204 Web Address: www.ollyofuklah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant. At the current time, it is anticipated that the wastewater treatment plant could begin to produce recycled water by August of 2009. A distribution system is under design and plans will be developed within the next few months. Funding for this important resource delivery project will be explored from all possible resources, as the City fully recognizes the value of using recycled water to lower the demand for surface water in our area. Although a recycled water distribution system cannot be in place for this summer, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fuse 5. Shutoff and reconnection fee The City will identify water wasters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463- 6213 if you have questions regarding this information. Sincerely, ?ze A. Chambers Manager Attachments: I . City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Uldah Water Use Annual Water Use MG 2008 1192.968 -11.4,% 2008/2004 2007 1219.964 -9.3% 2007/2004 2005 1248.424 -7.2% 2006/2004 2005 1223.542 -9.1% 2005/2004 2004 1345.744 Water Use (MG) 2004 2007 2{108 2009 2007/2004 2008/2004 April 96.743 87.507 87.865 -10% -9% May 145.402 121-505 132.345 -16% -9% June 162.897 149.782 143.469 -8% -12% July 185.876 164.473 158.899 -12% -15% August 179.326 162.859 157.056 -9% -12% Sept. 156.798 134.481 130.508 -14% -17% Oct. 109.224 83.777 91.724 -23% -16% Total MG 1036.266 904.385 901.866 -13% -13% ac-ft 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 57.046 27.598 62.754 -52% 10% May 112.803 72.833 111.365 -35% -1% June 129.493 109.976 102.115 -15% -21% July 131.935 105.631 109.09 -20% -17% August 126.768 104.658 101.593 -17% -20% Sept. 117.755 88.134 85.313 -25% -28% Oct. 96.734 72.864 73.465 -25% -24% Total MG 772.534 581.694 645.695 -25% -16% ac-ft 2371 1785 1982 The City of Ukiah Water Conservation Program 2009 The unpredictability of its water supplies and ever Increasing demand on California's complex water resources have resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to Implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined In the MOU are generally recognized as standard definitions of water conservation measures. 1. CUWCC Demand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late 1970's. During the past five years, the City has expanded its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.4% in 2008 compared to 2004. Currently, the City's conservation program includes the following DMMs: DMM 1. Water survey programs for single-family residential and multi-family residential connections. The City tests customer meters upon request and instructs customers in how to use their water meter to determine if there is a leak on the demand side of the meter. The City provides toilet leak detection tablets to customers. DMM S. System water audits, leak detection, and repair. The City performs leak detection and repair on an ongoing basis. The City, also, calculates system water losses annually and reports this information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City is currently replacing old meters in the system. The new meters will provide a more accurate reading of water use within the City. The City recently went through a rate re-structuring that is believed will reduce water uses in the future. DMM S. Large landscape conservation programs and Incentives. The City's Planning Department reviews all landscape plans proposed for new developments. Included in the City's Municipal Code is a requirement for all landscape planting to be "those which grow well in Ukiah's climate without extensive irrigation." City staff reviews the water use of its top 5 water users and holds meetings with them on a regblar basis to discuss landscape conservation programs. DMM 7. Public information programs. The City believes public awareness of water conservation issues is an important factor in ensuring a reliable water supply. The City promotes public awareness of water conservation through occasional bill stuffers, distribution of the Consumer Confidence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional information at local expositions and fairs, and on the City webslte advertised to the community on a banner across a City thoroughfare. The City also provides free of charge water conservation yard signs to encourage minimal use of water for lawn Irrigation. Water conservation Information and assistance is routinely provided to the public by the water utility maintenance staff` and meter readers while in the field. Field staff receives conservation training to better assist customers and promote conservation. Ooor hangers are used to remind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. DMM 8. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools tours of its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and institutional accounts The City has only two Industrial customers: Maverick Industries and Red Tail Ale Brewery. The City surveys the water usage of these Industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. DMM 11. Conservation pricing. In 2005, the City Increased and re-structured its water rates to encourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place on the water system. DMM 42. Conservation Coordinator. The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator is responsible for implementing and monitoring the City's water conservation activities. In practice, the City's water conservation program includes the efforts of the Conservation Coordinator and all stafff. DMM 13. Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customer's premises the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. if the condition is not corrected within five days after the written notice, service may be discontinued if necessary. DMM 14. Residential Ui_FT replacement programs. Since October 1992, the sale of toilets using more than 1.6 gallons per flush has been prohibited by State and Federal regulations. These regulations are'enforced in the City. If. Additional Water Conservation Measures In addition to the DMMs, the City has also taken the following actions: 1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the use of waterless urinals in all City facilities and in the public sector. The use of these urinals has received very positive feedback from Facilities staff who would like to install these in the Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Agencies, and the Sonoma County Water Agency. 3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it impacts water-related issues. The City Council reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. Ill. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of its water utility. A tiered inclining block rate structure and excess use charge are being evaluated to-encourage water conservation. The City has submitted a pre-applicatlon to the State Water Resourbes Control Board State Revolving Fund to construct a recycled water system, The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.5 MGD In the winter of Title 22 unrestricted use recycled water. Other immediate and long-term conservation measures include: ® Installation of waterless urinals and dual flush toilets in all City buildings (immediate) ® Slgn the California Urban Water Conservation Council's Memorandum of Understanding Regarding Urban Water Conservation and implement the 14 best management practices (long term) Water efficiency standards for new single-family development (long term) Water-efficient landscaping (long term) Water waste ordinance prohibiting: (immediate) 1, gutter flooding 2. carwash fundraisers 3. non-recycling decorative water fountains 4. breaks or leaks in the water delivery system Incentives for Retrofits (long term) 1. low flow shower heads 2. toilet displacement devices 3. toilet flappers 4, faucet aerators 5. high efficiency washing machines 6, ultra-low flow toilets 1(2_ O'q DAVID E. SHELL ATTORNEY AT LAW 206 SOUTH OAK STREET UKIAH, CALIFORNIA 95482-4802 TELEPHONE (707) 462-1896 FACSIMILE (707) 463-1119 October 1, 2009 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 This office represents Mr. and Mrs. Hatch, owners of Shady Grove Mobilehome Park. My clients are in receipt of a recent questionnaire from you inquiring about rental rates and past increases. It appears that this questionnaire is designed to elicit information to enable the City to impose some form of rent control on mobilehome tenancies. Mobilehome parks should be encouraged by the City of Ukiah - not discouraged. Often overlooked is the fact that mobilehomes are ideal for low income persons to acquire something of value in which they can build an equity and provide stability in their lives. While rent must still be paid to the landowner, that rent is far less than what it would cost to rent a full two or three bedroom house with a small yard anyplace else. Unfortunately, it seems that too often mobilehome parks become the recipient of bad publicity rather than being rewarded for the benefit that they provide to society as a whole and low income people in particular. You should be encouraging mobilehome living rather than trying to burden and penalize those who least deserve it with additional paperwork and requirements. There is already far too much regulation of parks (approx. 30 pages in the Civil Code alone -the "Mobilehome Residency Law"), none of which applies to apartments or single family dwellings. In summary, your actions and what appears to be plans for future actions serve to discourage the supply of low income housing. Why would a landlord want to own a park or develop a new park under the present scenario? Instead of taking tactics to make it more and more difficult for mobilehome parks, you should be encouraging such valuable resources and try to provide low income housing where people can take control of their future without the need for you to subsidize them at government expense. IL9=-2-Oci From the Ukiah Landfill as as Force October 7. 2009 To the Ukiah City Council Thank you for the time and attention to this important issue regarding the use of LFG and Biomass as a local energy resource. Financing experts, this company trough EPA grants and loan guaranties is willing to give the city estimate and a free City hall presentation. The LFG task force hopes for understanding of this importance issue and contact Manti Goodal at wwv,.'' ° ^ _®-asF'- n n e ` m ion co for information. Respectfully Ike Heinz 4I~3caFz city of ITEM NO.: 10a MEETING DATE: October 7, 2009 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT AND POSSIBLE DIRECTION REGARDING THE CODE COMPLIANCE PROGRAM DISCUSSION: This item is intended to provide the City Council with a status report regarding recent code compliance activities. After the loss of the Code Compliance Coordinator last April (due to workforce reduction in light of reduced revenues), the City Police Department assumed a more prominent role in the Code Compliance Program. The Police Department has worked very closely with the Planning Staff and the Building Official to manage code violation issues. This added workload on all City personnel involved in the program has been challenging. Code compliance cases require significant administrative work, consistent follow-up on a series of steps, and a learning curve for each case. The Police Department has recently been engaged in 14 major cases, 6 of which have been resolved. The Building Official has been actively involved in 5 major cases that are still pending and 17 minor cases, 2 of which have been successfully resolved. The Planning Staff have provided crucial assistance to both the Police Department and Building Official. Some of these cases were inherited from the Code Compliance Coordinator after he left employment, and some are the result of citizen complaints. Others, particularly some of the building code violations, are cases resulting from observations in the field when performing routine inspections of building projects. Staff would like to schedule a meeting with the City Council Code Compliance Committee (Crane and Thomas) to discuss the program. A number of issues could be discussed including Staff workload/capacity, case prioritization, alternative approaches, and possible new tools that could assist with enforcement. Fiscal Impact: H Budgeted FY 09/10 1-1 New Appropriation Fx_1 Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Continued on Paqe 2 Recommended Action(s): Receive report and provide direction to Staff. Alternative Council Option(s): NIA Citizens advised: N/A Requested by: Mayor Baldwin Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager, David Rapport, City Attorney, Chris Dewey, Police Chief, Trent Taylor, Police Captain, and David Willoughby, Building Official Attachments: N/A Approved: J e`Chambers, City Manager LO. -7-09 1C) 08-27-09 City of Ukiah Traffic Engineering Committee CITY OF I AUG 7 2009 C! CLERK DEPARTMENT RE: Attached 3 ages Notice of Dismantled, or inoperative or parts therof as a public notice of intention to abate and remove abandoned wrecked, nuisance Section 7605 o the Ukiah City ode Dated 08-18-09 by Andrew Snyder to Rodger Schwartz I am also requesting the Traffic Engineering Committee to determine which of the vehicles may remain at my property in public view and which can remain out of public view. Also the determination of the committee, the sups necessary for each vehicle to comply with their determination. Lastly, I-would enjoy a determination as to "why" my boat CF7693EW currently registered through 2009 and it's associated trailer 4DH3766 currently on PTI is listed as inoperative, abandoned or wrecked, scheduled for abatement and removal from y property. I would like to see the code or law that stags I can't own and have at my place of residence or business a boat. Ukiah, CA 95482 (707)468-9569 _ ~ . 1 .z. ~ _ ~ ( 1~ C .-1 , ~ l 1ji. j / i ~ z._ ~ `(F , l_~ _ ATTACHMENT "N' LOCATION OF NUISANCE VEHICLES (S) OR PARTS OF VEHICLE (S). b e OA(- (-Y4R b 11G~ Address DESCRIPTION OF NUISANCE VEHICLES (S) OR. PARTS (S): 10 (4 G T O eK ~ 1 l'X w L' t 3 ATTACHMENT "N' LOCATION OF NUISANCE VEHICLES (S) OR PARTS OF VEHICLE (S): Address DESCRIPTION OF NUISANCE VEHICLES (S) OR PARTS (S): !wZSG~ 4 TESTERED OR LEGAL OWNER OF NUISANCE VEHICLES (S) OR PARTS OF VEHICLE (S): 7 4/17A14A i.r~ :1 M 117 ISD 83VR (REV. 02'200^0) SATEG GFGRA _ A Public Service Agency gg oil MO.~aSi€' ~la 14 (I I' ~I~i~ I~~h~ ' I ( u]GliL~ ~ulll i ICh i iiilE I~IAIE_ilU 510 RATED ° VEHICLE TI WEIGHT FEE $0 SPECIAL PLATE FEE $0 COUNTYIDISTRICT FEES $10 OWNER RESPONSIBILITY FEE $0 Qom' THIS 1 T ILLa PLEASE READ THE L W M F7 T ` J Our records show that you have reported that this vehicle is not in operation. If your vehicle will continue to he ( stored and not operated, parked or touted on the streets or highways, disregard this notice and pay no fees. The vehicle will retain its previous expiration date and nonoperated status. Before operating, parking, or towing this vehicle on the streets or highways during the registration period of 01/26/2006 to 01/26/2009, renew the registration by mailing the fees and documents indicated below, with the bottom portion of this form. Pay I'he REGISTRATION FEE $41 tP94~ ~ J l~dV ) r 5B 4. (See reverse side or notice) LICENSE FEE (May be an income tax deduction) $2 IIf~JI~~IIMl~1V~°V~liIV1!II~If~111114111~1iINIIIM9MiIP~N!IIIIINIIINI4NNIVNV~~~~~~~IIIWIIuY'~~~ill 111111111111 MAKE YR MODEL YR IST SOLD STUDS 1955 1955 BODY TYPE MODEL MP MO CP G NM TYPE VEHICLE USE DATE ISSUED AUTOMOBILE 01/16/07 REGISTERED 014NER SCHWARTZ RODGER IVAL 668 S ORCHARD AVE UKIAH CA 95482 LIENHOLDER PNO-REG DEFERRED VLF CLASS *YR TYPE VEH AD 2005 120 CC/ALCO DT FEE RECVD PIC 23 01/16/07 9 1965 5TUDL TYPE LIC LICENSE NUMBER 11 1MRJ692 VEHICLE ID NUMBER G935100 REG EXPIRES: 01/26/200' AMOUNT PAID $ 17.00 AMOUNT DUE AMOUNT RECVD $ 17.00 CASH CHCK 17.00 CRDT H00 535 38 0001700 0033 CS H00 011607 11 1MRJ692 100 s , 6 REQUIRED: 7609: TI REQUIRED: http://www.sterlingcodifiers.com/CAfMah/ 10008000000010000.htm A ton (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be moil by registered moil to the owner of the land and to the owner o the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of intention shall be in substantially the following forma-: Ed d. i✓LL._ OR 9 Atu '6 TS 9 > fwd . i.sa a" e RJBLIC (Name and adc." h;ss of oym-ier of the land) 3 gar in person at any hearing requested by you or the owner- of the vehicle or, in lieu sa_ _ _r. ._g .a ,..-:~.8,..~ >,$,,-.~:,~vrs.~mab ~r rz8'rs a^rcc+~s a<^9 ia-e $isa~t3 ;P'>-"~r .•at'3e3c*at'~Ge'^_:f'3'tt ~9 !s$ NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, RECITED, DISMANTLED OR INOPERATIVE 11PI-4101 J' nP AI?T.q T4FPF F AS A PUBLIC NUISANCE !ENT ACTION: http://www.stertingeodifiers.com/CAJUkiah/ I0008000000009000.htm I of 1 10/7/2009 11:35 AN Background: In December 2008, the City entered into a professional services agreement with Coastland Civil Engineering, Inc. (Consultant) for the preparation of plans for Neighborhood Enhancement on Clara Avenue, between State Street and Orchard Avenue, and Betty Street and Lorraine Street, between Marlene Street and Talmage Road. Conceptual plans have been developed for the three streets by the Consultant, which includes the preliminary design of curb, gutter and sidewalk, cross-walks, storm drains, and pavement reconstruction. A public workshop was held on July 14, 2009 and was well attended by residents of the affected neighborhoods. Feedback on the conceptual plans was generally positive from those in attendance, and the Consultant has completed revisions to the conceptual plans based on the comments that were received. Discussion: Upon adopting a resolution approving the conceptual plans by the City Council, the Consultant will complete the preliminary plans for Clara Avenue, Betty Street and Lorraine Street. Final improvement plans will then be prepared for Clara Avenue, along with Clara Avenue Phase 1 plans, specifications and estimate (PS&E) ready for construction bid. The Clara Avenue Phase 1 project will have a budget of $400,000 to be paid from Proposition 1 B funds. Currently, no funding sources have been identified for the future Clara Avenue Phase 2 project, or for the improvement of Betty Street and Lorraine Street. Staff recommends City Council adopt the resolution approving the conceptual plans as presented for Clara Avenue, Betty Street and Lorraine Street. It is the intent that the adoption of this resolution will guide all future improvements in the affected areas and that all required improvements shall be designed to the criteria in these plans. Fiscal Impact: Budget Amendment Required Budgeted FY 09/10 F7 New Appropriation Fx-l Not Applicable F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Recommended Action(s): Adopt resolution approving conceptual plans for Clara Avenue, Betty Street and Lorraine Street. Alternative Council Option(s): Provide comments and direction to staff. Citizens advised: All adjacent property owners and residents Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ben Kageyama, Senior Civil Engineer Coordinated with: Jane Chambers, City Manager Attachments: 1. Resolution and Conceptual Plan Exhibit Approved: Jane Chambers, City Manager RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE CONCEPTUAL PLANS FOR NEIGHBORHOOD ENHANCEMENT ON CLARA AVENUE, BETTY STREET AND LORRAINE STREET WHEREAS, in January 2008, the City received Proposition 1 B funds; and WHEREAS, the City Council directed staff to design pedestrian, drainage and other necessary improvements for Clara Avenue, between State Street and Orchard Avenue, and Betty Street and Lorraine Street, between Marlene Street and Talmage Road; and WHEREAS, on November 19, 2008, the City Council directed staff to hire the consulting firm of Coastland Civil Engineering, Inc. to prepare plans for Neighborhood Enhancement on Clara Avenue, Betty Street and Lorraine Street; and WHEREAS, a community workshop was conducted on July 14, 2009 to receive comments from adjacent property owners and residents on the draft conceptual plans, and the conceptual plans have been revised based on those comments; and WHEREAS, the City Council finds that the Conceptual Plans for Neighborhood Enhancement on Clara Avenue, Betty Street and Lorraine Street are complete, and fulfill the requirements of the California Environmental Quality Act, based on Exemptions 15303 Class 3 and 15306 Class 6; and WHEREAS, it is intended that the approved conceptual plans will guide all future improvements in the affected areas and that all required improvements shall be designed to the criteria in these plans. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby approves the Conceptual Plans for Neighborhood Enhancement on Clara Avenue, Betty Street and Lorraine Street, attached as Exhibit "A". PASSED AND ADOPTED this 7t" day of October 2009, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Philip E. Baldwin, -Mayor JoAnne Currie, City Clerk Resolution No. 2009- Page 1 of 1 a ~ a 8 ap 'z~ °w z' o z u~ z~ z ° N J W U OZ p OFWp U1N CC OW ar' ~WQ'U XN F- W QS W O w~o° o NaW~ aw aoz~ ~oNW~ Zaa°o ~FZWpo z~ 0R1 ~N~W I110JW~Q QW V)Q~ J~ O 7Qi H ZN ODMrnNOh'] OU CL ~m4]~W UK O~h~~NV1N ~-~CC¢ ~OZdU1W }W G+i N~`1HHWN O~~(9 N~FF=F-Oi ma I~11 V~1 vlpOrF JWO[L 1Y/1UN~~ON 6aQ F-I-V1N ~~Z O~~y~mQ~ X00 0000000 03~ (}~UOt11N p }00_ jij F,Na >CLJZ O> ~Na °oo°op~o0 S~ a ¢~a?o a w Naa0'm CO a UWUW~COW 026 HIQ FQ-NNaQ N~I-N W~a OZWIi w7W VlNVl1 ll-t- QNOa 00mWQ~0 X00 NU] W Q ONF-ZE N Q. 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W N Q Q ~ 0 Q ~ {i a M F ~ F --'ter: , , - 3 0 ~ ~ ~ o - ~ o I W ' I v~ w ~y u - ~ ~ w x o a z I LL ~ -amp' ~ ~ ~ o W~~ ~ y Z i °U~ o - - _ .-Q _ W. _ N~ ~ m ¢ a0 6133HS ~3S 2% MAX. ~ 09+66 'b'1S - 3NI1 H~1'dW :~ivq 10~a T'Nq~9U £I ~d61s 6CPZ YZ ~wA Iald B IoaK :wmN 1 sl "P -tt¢aZ P~it3Z6Z s ad olgn0 P~1 ~41o,d 53H~NI NI SI 3~~.~,a~t~~-~cat~~POS-oiai~kaa-vam-ds-itltisa~~Pal-itlaa~ 31an: ~1!r~ anlva<I~s os~ara~ln~all,a,ovA~l~cora~rmor;6u,tea-3N,vaan:6~a-va~u~?•I-veara ~6ow ~ Z l 0 3w1 `SNa1d 03~f1fl3~ aO~ 10c October 7, 2009 SUBJECT: CONCERNS RE OUTCOME OF MOBILE HOME PARK ORDINANCE GOVERNING UTILITY BILLING Background: At its meeting of June 3, 2009, the City Council adopted an Ordinance governing the process by which owners of mobile home parks may charge residents for water and sewer services provided by the City of Ukiah. The purpose of the ordinance was to assure that residents of mobile home parks were not charged more than the cost of these services as charged by the City's water and sewer utilities. It has come to the City's attention that the implementation of the ordinance by one Mobile Home park owner has resulted in increased bills for some residents. Attached is a letter from Harold's Square Mobile Home Estates owner William Nicolet outlining the impact of the ordinance on park residents. Lisa Hillegas of Northern California Legal Aide has also contacted the City Attorney and city staff to express concern on behalf of an individual client, with regard to the impact of the applied formula. Discussion: The letter from the park owner outlines a proposed resolution to the matter that would be consistent with an approach also suggested by Legal Aide. The proposal would change the formula for passing through sewer charges by the City to tenants. Under the proposal the total of the submeter readings for January would be deducted from the master meter reading for January. The difference-is assumed to be the amount of water lost due to leaks in the distribution system within the mobile home park. This difference would be apportioned equally to all tenants by dividing it by the number of spaces in the park. The amount of the bill attributed to tenant use (the total of the submeter readings) would be apportioned to each tenant based on his or her individual submeter reading. This solution would result in a lowering of the highest bills, but an increase to others at the lower range of the billing. The reason for the wide fluctuation and variation in the bills appears to be as a result of higher than average water use by some tenants which is compounded by the large amount of water lost through leaks in the Continued on Paae 2 Recommended Action(s): City Council receive the letter from William Nicolet, and provide direction to City Staff regarding any further actions. Alternative Council Option(s): Citizens advised: Lisa Hillegas, Northern California Legal Aide, William Nicolet, Harold's Square Requested by: Prepared by: Jane Chambers Coordinated with: David Rapport Attachments: Letter from William Nicolet with attached billing data s' 7 Approved: ne Chambers, City Manager Subject: Concerns Re Outcome Of Mobile Home Park Ordinance Governing Utility Billing Meeting Date: October 7, 2009 Page 2 of 2 park's water system. The owner is making a concerted effort to reduce the number of leaks, and reports that the water use in the park attributed to leaks has been reduced significantly in recent months, and now represents about one-third of the overall water use being charged to the park. The owner has installed a pressure regulator that he thinks will reduce water use further. The owner bases his formula for spreading costs on 100 gallons per unit, which is a different unit basis than applied by the City.' Individual bills from the park have been presented to the City for interpretation, and staff has been unable to reconcile the billing, perhaps due to this formula difference. Although this factor may have no bearing on the issue, it may have added to the confusion for those attempting to reconcile the park's billing with the overall city bill issued to the park owner. The City Attorney advises city staff that the proposal outlined in the letter from Harold's Square would require a change to the ordinance formula. Staff is requesting the Council's direction with regard to changing the ordinance. Fiscal Impact: F] Budgeted FY 09/10 ❑ New Appropriation ❑X Not Applicable Budget Amendment Required F 1 The City defines a "unit" as one hundred cubic feet ("hcf') or 748.1 gallons of water, since some water meters measure in cubic feet and others in gallons. City Manager's Office Attn: Jane Chambers Ukiah City Hall 300 Seminary Ave Ukiah, CA 95482 955 Edgecliff Way Redwood City, CA 94061 Sept. 14, 2009 Subject: Submetering at Harold's Square Mobile Home Estates Gentlemen: The initial bills, using the new billing formulation, were sent to the residents in August. In comparing the August bills with the previous month's bills (July), the average dropped by $7.00, and 41 residents saw a decrease in their bills; while, 16 saw an increase. However, there were some nasty side effects. The previous bills, based on the residential rate formulation, tended to keep all the bills in a fairly tight group (around $65); where as, the new formulation creates big winners and losers. I've included a spread sheet showing the bills sent out in August, labeled "Current Formulation." Note that the sewer charges range from a low of $5.51 (Space #7) to a high of $201.42 (Space # 10). We warned the residents to watch their usage in January. Clearly, some of their did not pay attention. Still, paying this large a penalty for a full year seems excessive. I also question the fairness of making all the costs proportional to the usage. Should a high user pay for a higher share of the leaks, system maintenance, billing costs, etc? It seems to me that these costs should be spread evenly among the residents. I realize the parks without submeters are allowed to spread all the costs evenly; but that doesn't seem fair either. In casting about for a better billing methodology, I've come up with the approach suggested in the following paragraph which can be implemented in the real world without a great deal of pain. Suppose we separate out the cost associated with the leaks, and bill them evenly to each resident. The remaining usage costs to each resident would be billed as is presently done. This would reduce to the present formulation as the leaks are eliminated, and it would tighten the range of the bills. It would also spread one of the larger costs more fairly. I've included a second spread sheet herein (Alternative Formulation), showing what the August bills would have been. Note that the range of sewer bills is now from $$36.83 (Space #7) to $105.63 (Space # 10). I'm sure that the resident in Space #7 would not be wildly happy, but the change might keep the resident in Space # 10 in the park and off the street. This approach does have the effect of increasing the average bill slightly, as the utility bill for the manager's space (Space #1) is paid for by the park and that payment is decreased. I would be happy to answer any questions about the above material. I can be reached by phone at 650-368-1732, or by e-mail at williaiiinicolet(@.comcast.net However, I will be out of the country for most of the month of October. Sincerely, William Nicolet Managing Partner Nicolet Family Partners. LP HS#1-AUG H2O Gal/1 I H2O $ Sew Gal/1 Sewer $ 1 Storage I Rents I Credits Total Bill $ Clt H2O QClt H2O $Cit Sew 3 Space #1 _ Space #2 81 50 0 9.64734 71 46 _ 0 126.74 1 10 400 546.387 1 514 $743.81 $3174 Space #3 39 7.52493 23 63.3698 400 470.895 Total Utilities Billed Space #4 32 6.1743 36 82.6563 400 488.831 ( 3274.42 Dollars Space #5 51 9.84029 15 41.3281 1 400 451.168 Space #6 13 2.50831 10 1 27.5521 390 420.06 Total Utilities Paid City Space #7 1 0.19295 2 5.51042 390 395.703 3917.81 Dollars Space #8 37 7.13903 33 1 90.9219 390 488.061 Space #9 42 8.10377 19 52.349 400 ( 460.453 Total Thru Submeters Space #10 77 14.8569 73 20193 400 1 1 615.987 226.8 units Space #11 15 2.8942 12 33.0625 400 1 435.957 Space #12 23 4.43778 8 22.0417 1 10 1 390 1 1 426.479 Total Leaks Space #13 I 0 1 0 f f 0 287.2 units Space #14 39 7.52493 28 77.1458 400 1 484.671 Space #15 62 11.9627 23 63.3698 400 475.332 Laundry Space #16 48 9.26145 34 93.6771 400 502.939 6 1/100 Space #17 45 8.68261 28 77.1458 400 485.828 Space #18 24 4.63072 25 68.8802 390 463.511 Space #19 17 3.2801 10 27.5521 400 430.832 Space #20 26 5.01662 21 57.8594 400 462.876 Space #21 2 0.38589 13 35.8177 390 426.204 Space #22 20 3.85894 12 33.0625 400 436.921 Space #23 16 3.08715 1 15 41.3281 390 434.415 1 Space #24 Space #25 Space #26 12 18 16 2.31536 3.47304 3.08715 13 14 21 35.8177 38.5729 57.8594 1 1 400 400 400 ! 438.133 442.046 460.947 Space #27 161 31.0644 22 60.6146 ( 400 ( 491.679 Space #28 91 1.73652 18 49.59381 400 ( 451.33 Space #29 23 4.43778 20 55.1042 400 j 459.542 i - Space #30 3 0.57884 5 13.776 390 404.3551 ( Space #31 8 1.54357 10 27.5521 400 429.096 ( Space #32 1 1 Space #33 8 1.54357 6 16.5313 3901 408.075 Space #34 7 1.35063 9 24.79691 4001 426.148 ( Space #35 7 1.35063 28 77.14581 1 400 - 478.496 Space #36 17 3.2801 17 46.83851 1 390 440.119 Space #37 361 6.94609 46 126.741 1 4001 533.686 Space #38 Space #39 Space #40 Space #41 Space #42 Space #43 Space #44 11 8 48 25 30 34 34 2.12242 1.54357 9.26145 4.82367 5.7884 6.56019 6.56019 23 15 10 19 18 144 17 63.36981 41.3281 27.5521 52.349 _49:5938 38.5729 46.83851 1 _ 1 400 400 F----4 00 400 400 400 400 ~ 465.492 442.872 436.814 457.173 455.382 445.133 . 453.399 Space #45 11 2.12242 13 35.8177 ( 3901 427.94 Space #46 34 6.56019 10 27.5521 f 390 424.112 Space #47 S# 48 Space #49 4 38 83 : 0.77179 7.33198 16.0146 7 18 30 19.2865 49.5938 82.6563 20 390 400 400 410.058 476.926 498.6711 Space #50 S ace #51 Space #52 Space #53 ,Space #54 40 16 57 8 0 7.71787 3.08715 10.998 1.54357 34 16 151 12 0 93.6771 44.0833 41.3281 33.0625 ( 4001 4001 400 400 ~ ~ 0 501.3951 447.17 452.326 434.606 rays i HS#1-AUG H2O Gal/1 l H20$_ Sew Gall1~ , Sewer $ 1 Storage I Rents I Credits f Total Bill $!Cit H2O tCit H2O ~ Clf Sew Space #55 Space #56 Space #57 16 18 33 3.08715 3.47304 6.36725 12 15 ( 17 33.0625 41.3281 46.8385 1 1 400 400 390 1 436.151 1 1 444.8011 1 443.2061 1 Space #58 19 3.66599 15 41.3281 390 434.9941 1- Space #59 17 3.2801 5 13.776 400 417.0561 1 Space #60 otal 18 1701 3.47304 312.574 19 1146 52.3491 2961.851 40 400 22650 1 2559684 21 T Page 2 HS#1-AUG 1 H2O $:'Space #2'.. H2O $:'Space #60'=('H20 Gal/100':'Space #2'..'H20 Gal/100':'Space #60' )/City H2O Units:'Space #1' *Clty H2O $:'Space #1' 17.5 2 'Sew Gal/100'.-Total =SUM('Sew Gal/100:'Space #1'.. 'Sew Gal/100TSpace #60' } 3 Sewer $:'Space #2'.. Sewer $:'Space #60' =City Sew $:'Space #1' /('Sew Gal/100':Totai +City H2O $'Space #16' )*('Sew Gal/100TSpace #2' 'Sew Gal/100TSpace #60') 4 'H2O Gal/100':Total =SUM('H20 Gal/100TSpace #1'..'H20 Gal/100 .'Space #60' } 5 Total Bill $:'Space #2'.. Total Bill $:'Space #60'=H20 $:'Space #2'.. H2O $:'Space #60' +Sewer $:'Space #2'.. Sewer $:'Space #60' +Storage:'Space #2' Storage:'Space #60' +Rents:'Space #2'.. Rents:'Space #60' -Credits'Space #2'.. Credits:'Space #60' 6 H2O $:Total =SUM(H20 $:'Space #2'.. H2O $:'Space #60') 7 Sewer $:Total =SUM(Sewer $:'Space #2'.. Sewer $:'Space #60') 8 Storage:Total =SUM(Storage:'Space #1' Storage:'Space #60') 9 Rents:Total =SUM(Rents:'Space #2'.. Rents: Space #60' ) 10 Total Bill $:Total =SUM(Total Bill $:'Space #1'.. Total Bill $:'Space #60') 11 City H2O $:'Space #4'=H20 $:Total +Sewer $:Total 12 I City H2O $:'Space #7' =City H2O $.°Space #1' +Clty Sew $:'Space #1' 13 City H2O $:'Space #10' ='H20 Gal/100':Total /7.5 14 City H2O $:'Space #13' =Clty H2O Units:'Space #1' -City H2O $:'Space #10' 15 Page 3 HS#1-SPC H2O Gal/1 I H2O $ Sew GaU1 Sewer $ 1 Storage I Rents I Credits I Tot Bill $ IClt H2O QCI H2O $ CI Sew $ Space #1 81 0 1 71 1 1 I 1 514 $743.81 1 $3174 Space #2 Space #3 Space #4 50 39 32 9.647341 7.524926 6.174298 1 46 79.44204 1 23157.11727 30163.91177 10 1 400 1 400 1 400 1 1 - 1 1499.0894 1464.6422 1470.0861 1 I Total 1 l Utilities 13339.187 1 Billed (Dollars Space #5 Space #6 Space #7 51 13 1 9.840288 2.508309 0.192947 1 15149.35214 1 10 44.49892 1 2 136.73379 400 390 390 1459.1924 437.0072 426.9267 1 Total Utilities 3917.81 I Paid City Dollars Space #8 37 7.139032 33 66.8237 1 ) 390 1 ( 463.9627 Space #9 Space #10 42 77 18.103767 ( 14.85691 53.2347 19 73 105.6494 ( - 400 l 400 l 1461.3385 520.5063 1 Total Thru Submeters 226.8 units Space #11 15 2.894202 12 46.44021 1 400 449.3344 Space #12 23 4.437777 8 42.55764 10 390 446.9954 Total Leaks Space #13 0 0 1 0 287.2 units Space #14 39 1 7.524926 28 61.97048 400 469.4954 Space #15 Space #16 62 48 11.9627 9.261447 23 57.11727 34 67.79434 400 400 469.08 477.0558 Laundry 45 gal/100 Space #17 45 8.682607 28 61.97048 400 1470.6531 Space #18 Space #19 Space #20 Space #21 Space #22 Space #23 24 17 26 2 20 16 4.630724 3.280096 5.016617 0.385894 3.858936 3.087149 25 59.05856 10 44.49892 21 55.17599 13 47.41085 12146.44021 15 49.35214 390 400 400 1-390 1 400 390 1 1 1 F - 453.6893 447.779 460.1926 1437.7967 1450.2991 I 442.4393 Master Meter SeN 436 Reading 1 Units Space #24 12 2.315362 13 47.41085 1 I 400 1 1449.7262 1 Space #25 18 3.473043 14 48.38149 1_ 1 400 1451.8545 I Space #26 16 3.087149 21 55.17599 ( 400 1 458.2631 Space #27 161 31.06444 22 56.14663 400 1 487.2111 Space #28 91 1.736521 18 52.26406 400 1 454.0006 ( 1 Space #29 23 4.437777 20154.20535 1 400 1 458.6431 1 Space #30 Space #31 3 8 0.57884 1.543575 5 39.64571 10 1 44.49892 390 400 430.2246 446.0425 Space #32 14 2.701256 12 46.44021 ( 400 449.14151 1 Space #33 8 1.543575 6 40.61636 3901 432.1599 Space #34 7 1.350628 9 43.52828 ( 400 444.8789 1 Space #35 7 1.3506281 28 61.97048 400 463.32111 Space #36 17 1 3.280096 17 51.293421 -1 390 444.5735 ( Space #37 36 6.946086 46 79.44204 400 486.3881 _ Space #38 11 ( 2.122415 23 57.11727 400 459.2397 Space #39 8 1.543575 15 49.35214 400 450.8957 Space #40 48 9.261447 10 44.49892 400 453.7604 Space #41 25 4.823671 19 53.2347 400 458.05841 Space #42 30 5.7884051 18 52.26406 400 458.0525 Space #43 34 6.560192 14 48.38149 400 454.9417 Space #44 34 6.560192 17 51.29342 400 457.8536 Space #45 11 2.122415 13 47.41085 390 1 439.5333 Space #46 34 6.560192 10 44.49892 390 441.0591 Space #47 4 0.771787 7 41.587 390 432.3588 Space 6 0 2© ace #49 S 83 16.01459 30 63.9 1 77 1 400 479 9264 Space #50 Space #51 Space #52 S ace #53 S ace #54 40 16 57 8 1 0 7.717873 3.087149 10.99797 1.543575 0 34 67.79434 16 50.32278 15 49.35214 12, 46.44021 1 400 400 400 4001 1 1 0 475.5122 453.4099 460.3501 447.9838 ray= i HS#1-SPC H20Gal/1 1 H20$ Sew Gal/1 Q Sewer $ I Storage I Rents I Credits I Tot Bill $ ICIt H2O LICIt H2O ~Cit Sew $ Space #55 Space #56 16 18 3.0871491 121 3.473043 15 1 46.44021 49.35214 I 4001 400 1 449.5274 452.82521 1 1 I I 1 Space #57 33 6.3672451 17 1 51.29342 3901 447.66071 S ace #58 19 3.665991 15 49.35214 3901 - 443.0181 Space #59 Space #60 _ 17 18 3.280096 I 3.473043 19 39.64571 53.2347 400 ( 400 11 442.9258 456.7077 1 I Total 1701 312.5739 1146 3026.613 40 226501 1 26029.191 1 ~1 Page 2 HS#1-SPC 1 H2O $:'Space #2'.. H2O Space #60'=('H20 Gal/100':'Space #2'..'H20 Gal/100 :'Space #60' )/City H2O Units: Space #1' *City H2O $:'Space #1'17.5 2 'Sew Gal/100':Total =SUM('Sew Gal/100': Space #1' 'Sew Gal/100':'Space #60') 3 Sewer $:'Space #2'.. Sewer $:'Space #12' =City Sew $:'Space #1' /(7.5*Clty H2O $:'Space #19' )*('Sew Gal/100':'Space #2' 'Sew Gal/100':'Space #12' +(7.5*Clty H2O $'Space #19'-'Sew Gal/100':Total -City H2O $:'Space #16')158) 4 Sewer $'Space #14'.. Sewer $:'Space #49' =Clty Sew $:'Space #1' /(7.5*City H2O $:'Space #1 g' )*('Sew Gal/ 100TSpace #14'.. 'Sew GaU100':'Space #49' +(7.5*Clty H2O $'Space #19'-'Sew Gal/100':Total -City H2O $:'Space #16')/58) 5 Sewer $:'Space #51'.. Sewer $:'Space #60' =City Sew $:'Space #1' /(7.5*City H2O $:'Space #19' )*('Sew Gal/ 100':'Space #51'.. 'Sew Gal/100TSpace #60' +(7.5*Clty H2O $:'Space #19' 'Sew Gal/100':Total -City H2O $:'Space #16')/58) 6 'H2O Gal/100':Total =SUM('H20 Ga11100':'Space #1'..'H20 Gal/100':'Space #60') 7 Tot Bill $:'Space #2'.. Tot Bill $:'Space #60'=H20 $:'Space #2'.. H2O $'Space #60' +Sewer $'Space #2'.. Sewer $'Space #60' +Storage:'Space #2'.. Storage:'Space #60' +Rents'Space #2'.. Rents:'Space #60' -Credits:'Space #2'.. Credits:'Space #60' 8 H2O $:Total =SUM(H20 $:'Space #2'.. H2O $:'Space #60') 9 Sewer $.Total =SUM(Sewer Space #V.. Sewer $:'Space #60') 10 Storage:Total =SUM(Storage:'Space #1' Storage'Space #60') 11 Rents:Total =SUM(Rents'Space #2'.. Rents:'Space #60') 12 Tot Bill $:Total =SUM(Tot Bill $:'Space #1'.. Tot Bill $:'Space #60') 13 City H2O $:'Space #4'=H20 $.Total +Sewer $:Total 14 City H2O $:'Space #7' =City H2O $:'Space #1' +Clty Sew $'Space #1' 15 City H2O $:'Space #10' ='H20 Gal/100':Total 17.5 16 City H2O $:'Space #13' =Clty H2O Units:'Space #1' -City H2O $:'Space #10' 17 Page 3 ITEM NO.: 10d MEETING DATE: October 7, 2009 AGENCY COUNCIL & UKIAH REDEVELOPMENT AGENDA SUMMARY REPORT BACKGROUND: Over the past year the City Council and the Ukiah Redevelopment Agency have conducted a series of discussions on the Ukiah Valley Cultural and Recreation Center (UVCRC) also known as the Alex Rorabaugh Center (ARC). The Alex Rorabaugh Center is a 21,000 square foot multi-purpose community center and gymnasium located at 1640 S State Street. The discussion items included the potential for the Ukiah Redevelopment Agency to provide funding for the completion of the ARC gymnasium facility and the potential for the City of Ukiah Community Services Department Recreation Division to manage the operations of the ARC facility. SUMMARY: At its meeting on December 3, 2008, the City Council approved the recommended action to use up to $500,000 of Ukiah Redevelopment Agency Funds for the completion of the Alex Rorabaugh Center (ARC) located at the Grace Hudson Elementary School and to approve the associated budget Continued on Page 2 Recommended Action(s): 1. City Council and Ukiah Redevelopment Agency to approve the use of up to $500,000 of Redevelopment Funds for the completion of the ARC. 2. Authorize the City Manager/Executive Director to negotiate and execute agreements to facilitate the District's and the Agency's contributions toward the completion of the ARC in the approximate amount of $500,000 each, including: a. Amending the 1989 Redevelopment Agreement between the District and the Agency to pay to the District as direct pass-through funds up to $1,000,000 on condition that those funds are used to complete the ARC; b. Agreeing that the Agency shall, at the request of the District, use up to $500,000 of Agency funds not set aside in the District's Capital Outlay Fund for a capital project selected by the District, subject to compliance with all applicable laws governing the Agency's use of Redevelopment Funds. 3. City Council to authorize City Manager to negotiate and execute management operating agreement for Community Services Recreation Department to manage the ARC. 4. City Council to adopt operating budget, for the period January 2010-June 2010, for the Community Services Department Recreation Division to manage the ARC. Alternative Council Option(s): Remand to staff With direction. Citizens advised: N/A Requested by: City Council Prepared by: Sage Sangiacomo, Assistant City Manager, Katie Merz, Community Services Supervisor Coordinated with: Jane Chambers, City Manager/Executive Director, David Rapport, City Attorney Attachments: 1. Draft Management Agreement 2. Draft Center Operating Plan n n Approved: k'.. - Jan hambers, City Manager/Executive Director amendment, contingent upon the demonstration of commitments for the total amount of funding needed to complete the facility. The Council also directed staff to prepare a final draft of a management operating agreement for the City Council's consideration. The Council action made clear that the commitment of Agency funds was contingent upon the participation of other agencies and also that a sustainable management plan for the facility be developed. Since that action was taken, Mendocino County and Ukiah Unified School District ("UUSD") have each taken the following steps to commit funds to the completion of the project: ® On March 10, 2009, the Ukiah Unified School District Board of Directors unanimously approved to support the completion of the ARC with funds from their Capital Outlay fund with the Ukiah Redevelopment Agency, not to exceed $500,000 in two payments with Board approval, and asked for a revised memorandum of understanding between the ARC and UUSD to address facility use and maintenance expenses. ® On July 14, 2009, the Mendocino County Board of Supervisors unanimously approved an action that directed staff to return with a proposal to utilize $500,000 of the County's Redevelopment Agency funds to assist with the completion of the ARC, provided there is participation by two or more other public agencies that would provide a total of $1.5 million sufficient to complete the project. The purpose of this Agenda Summary Report is to 1) Report on the proposed mechanism to fund completion of the ARC, and 2) Report on the management and operation plan. Discussion: Mechanism for Funding The City Attorney and Assistant City Manager participated in a conference call with County staff and attorneys representing the County, Ukiah Unified School District ("District") and the City, including an attorney representing the City and an attorney representing the County who specialize in the laws governing redevelopment agencies and community redevelopment. The purpose of the conference call was to explore ways to legally fund the completion of the Alex Rorabaugh Center ("ARC") from County and City Redevelopment funds, including the capital outlay funds set aside for the District under the 1989 agreement between the Ukiah Redevelopment Agency ("Agency") and the District. As described in more detail below, the conclusion of the attorneys is that there is a legally defensible way to allow funds currently under the control of the Agency to be applied to completion of the gymnasium at the ARC. Under the 1989 agreement between the Agency and the District, the annual increase in property tax revenue attributable to the 2% annual increase in the assessed value of real property, which the District would have received, if the Agency had not been established (so-called "pass-through funds"), is set aside in a fund, which the District can use for land acquisition or capital improvement projects. Only projects that comply with all community redevelopment laws that apply to the Agency can be funded with these set aside funds. The District elected to have the Agency set aside these funds rather than receive them directly from the County Tax Collector, because of the belief in 1989 that the state would reduce its funding to the District by the amount of the pass-through funds, if the District elected to receive them directly. Because the ARC is located outside City limits, the City Attorney and the City's special counsel on redevelopment both had serious concerns about the legality of using Agency funds to complete the ARC. In the conference call both the City's special counsel for redevelopment and the County's redevelopment law specialist were of the following opinions: 1. The District does not need to set aside pass-through funds in a special Agency capital outlay fund in order to avoid a reduction in state funding. Provisions in the Health and Safety Code and the Education Code allow the District to receive pass-through funds directly without a commensurate reduction instate funding, if the District uses the funds for capital projects authorized in the Education Code. 2. Without triggering any adverse consequences, the City and the District could amend the 1989 agreement to allow the District to receive as pass-through funds, subject only to the restrictions in the Education Code, funds which have accrued in the capital outlay fund. 3. Under the Education Code the District could use those funds for capital improvements to District owned buildings located anywhere within the District boundaries, including at the Grace Carpenter Hudson School and the ARC. 4. To date there are approximately $3 Million which have accrued in the District's capital outlay fund. 5. The Agency, District and County have discussed each paying 1/3 of the cost to pay-off existing construction loans and complete the construction and furnishing of the gymnasium. The total of these expenses is currently estimated at $1.5 Million. As discussed, the Agency, District and County would each contribute $500,000 in redevelopment funds. 6. The Agency and the District could amend the 1989 Agreement to provide that the District rescinds as to $1 Million of the funds currently accrued in the capital outlay fund its election to deposit those funds with the Agency and elects instead to receive this money as statutory pass-through funds. The Agency would agree to release such amount upon a showing satisfactory to the Agency that those funds will be used to complete the ARC with the balance of the accrued capital outlay funds and any future amounts accruing to the fund to be used as currently provided in the agreement. 7. As part of the same amendment or in a separate agreement, the Agency could agree to use $500,000 of Agency funds for a capital improvement project selected by the District within the Agency's project area. This agreement would have the effect of reimbursing the District for the Agency's contribution to the ARC completion project which the District, a result of number 6 above, would, in effect, be making on behalf of the Agency. Facility Management With regard to management of the facility, staff has previously provided analysis and a sample operating agreement for consideration. The management agreement was structured to provide a clear exit strategy and limit liabilities. The agreement utilizes the City's experience in recreation/leisure programming and facility management while ensuring that the UVCRC remains responsible to its mission and financial performance. The management plan is created with a Management Agreement (Attachment #1) which acts as a contract for services and outlines the terms and the exit strategy. The Center Operating Plan (Attachment #2) involves day-to-day operating plans as well as outlining procedures for facility maintenance, management, staffing, budgeting, accounting and reporting. The Center Operating Plan also includes a budget for the term January -June 2010 and July 2010-June 2011. If approved, City staff will begin management of the ARC on January 1, 2010. During the months of October, November and December staff will transition by organizing work tasks, reaching out to user groups and integrating operations into the seasonal programming for the Winter-Spring period and beyond. Fiscal Impact: ® Budgeted FY 09/10 Amount Budgeted $500,000 New Appropriation F-1 Not Applicable F-1 Budget Amendment Required Source of Funds (title and City of Ukiah RDA Community Enhancement 965.5618.250.001 Additional Appropriation Requested $0 $500,000 Ukiah Unified School District Capital Outlay $0 965.5603.250.011 CITY OF UKIAH AND UKIAH /ALLEY CULTURAL AND RECREATION CENTER MANAGEMENT AGREEMENT FOR THE ALEX RORABAUGH CENTER This Agreement ("Agreement") is made this day of , 2009 ("Effective Date"), by and between the City of Ukiah, a California general law city ("City"), and the Ukiah Valley Cultural and Recreation Center, a California non- profit corporation (UVCRC") for operations of the Alex Rorabaugh Center ("ARC") located at 1640 South State Street, Ukiah, California. Recitals A. The UVCRC owns the newly constructed ARC, a 21,000 square foot community recreation center which includes multipurpose rooms, gymnasium, court yard, office space, and kitchen. B. The City of Ukiah is experienced in operating community facilities and collaborative recreation/leisure activities in the Ukiah Valley area. C. The City and the UVCRC desire to take advantage of the City's experience in recreation/leisure programming and facility management while ensuring that the UVCRC remains responsible to the mission of expanding access to recreational opportunities for children and youth while improving the health of youth, families, and the community for the ARC's operations including its financial performance. D. The parties believe they can maximize the programs offered and better control the expenses of operating the ARC if the City, using City employees, manages the operation of the facility. E. The parties desire to set forth the terms and conditions of their relationship in this Agreement with further details of the actual ARC operations to be set forth in a Center Operating Plan. The initial Center Operating Plan ("COP") is attached to this Agreement as Exhibit A; however it is intended that specific services provided by each party and the operating relationships may change over the course of this Agreement in order to meet community needs. F. The City and UVCRC commit themselves to work together in the spirit of partnership for the success of the ARC, subject to the terms and conditions of this Agreement, and to deal with each other with fairness, respect, cooperation, and good faith in the operation of the ARC and performance of this Agreement. The City and UVCRC commit to promptly resolve disputes over this Agreement and/or ARC operations. Management Agreement Page 1 NOW THEREFORE, the parties agree as follows. Agreement Parties to the Agreement. City is the City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482, with its principal contact for purposes of this Agreement as follows: Assistant City Manager 300 Seminary Avenue Ukiah, CA 95482 Phone: 707-463-6221 Fax: 707-463-6740 UVCRC is the Ukiah Valley Cultural and Recreation Center, P.O. Box 561, Ukiah, California 95482, with its principal contact for purposes of this Agreement as follows: Executive Director, UVCRC P.O. Box 561 Ukiah, CA 95482 Phone: 707- 462-8562 Fax: 2. Term. 2.1 The term of this Agreement shall commence on the Effective Date and shall terminate on June 30, 2013, unless earlier terminated by either party as provided in Section 2.2 or extended as provided in Section 2.3. 2.2 In addition to the provisions of Section 5.6 and 5.7 below, either party may request an early termination of this Agreement after June 30, 2010. Such a request must be made in writing, and must be made a minimum of six months in advance of proposed termination date, unless City and UVCRC mutually agree to a lesser time. Provided that such written request is timely made, termination shall occur upon the specified termination date. This Agreement may be extended for two additional five-year terms upon the written mutual agreement of the parties which agreement must be reached no later than December 31, 2012, for the first extension, and December 31, 2017, for the second extension. The parties may mutually agree to additional extensions beyond this date. Prior to each extension, the parties shall prepare an evaluation of the ARC operations and present it to the City Council and the UVCRC Board of Directors. Management Agreement Page 2 3. Management and Staffing. City and UVCRC agree to cooperatively manage and operate the ARC as a successful recreation center for the benefit of the public. A "Recreation Supervisor," or other classification as determined by the City, shall be employed by the City and responsible for all ARC operations. The initial Center Operating Plan (COP) is attached to this Agreement and is incorporated into this Agreement by this reference. The COP, among other things, details staff duties and operating relationships. The parties hereby authorize the City of Ukiah City Manager ("City` Manager") and the UVCRC Board President ("UVCRC President") to modify in writing the COP from time to time as may be necessary to facilitate efficient operations of the ARC consistent with the intent of this Agreement. The Recreation Supervisor shall be employed by the City. The City shall provide the UVCRC with opportunities for meaningful and substantial input on the ongoing performance of the Recreation Supervisor. The Recreation Supervisor shall have operational authority for the management and operation of the ARC. The duties and responsibilities of the Recreation Supervisor shall include, but not be limited to: a. Managing the ARC so that it is developed and maintained as a successful recreational center. b. Managing rentals and use of the facility. C. Preparing and administering the annual budget and work plan for development and operation of the ARC. d. Preparing the progress reports and annual budget for the preceding fiscal year for approval by the City Council. e. Organizing, scheduling, and directing City employees, volunteers, and independent contractors assigned to the ARC. f. Reporting on status of operations at the ARC as requested, including, but not limited to, providing a reports intended for the City Council and UVCRC Board of Directors. g. Performing all duties that are usual and customary and normally associated with the position of a recreation supervisor of a public recreation center. Notwithstanding the parties' agreement to cooperatively manage and operate the ARC, City employees working at the ARC are employed solely by the City, and the City retains all responsibilities associated with their employment. UVCRC employees working at the ARC are employed solely by the UVCRC, and the UVCRC retains all responsibilities associated with their employment. The parties agree to cooperate fully with each other in resolving any employment issues. The UVCRC agrees to indemnify and hold the City, its agents, officers and employees harmless from any claim or damage resulting from an employment matter involving a ARC UVCRC Management Agreement Page 3 employee acting within the scope of employment. The City agrees to indemnify and hold the UVCRC, its agents, officers and employees harmless from any claim or damage resulting from an employment matter involving a ARC City employee acting within the scope of employment. The City shall consult the UVCRC Executive Director prior to the selection of the candidate by the City for the position of Recreation Supervisor, either at the initial hire or in future hiring actions. Performance issues on the part of the Recreation Supervisor may be raised by either party and addressed through the dispute resolution process provided for in Section 9.1 of this Agreement. The ARC staff may be comprised of employees of both the City and the UVCRC. It is acknowledged and agreed between the parties that to achieve the optimum performance of the total ARC staff, City employees may be directed to work at the ARC on UVCRC activities within the scope of this Agreement and UVCRC employees may be directed to work at the ARC on City activities within the scope of this Agreement. The Recreation Supervisor for the City and the UVCRC Executive Director shall meet periodically to evaluate ARC operations and shall prepare no later than December 31 of each year and present as soon as practicable thereafter an annual report on ARC operations to the City Council and the Board of Directors of the UVCRC. The report shall include user satisfaction data as well as data on the financial performance of the ARC. The Director and Executive Director may involve other City and UVCRC staff in development of the annual report as desired. 4. Grounds and Facilities. The UVCRC shall retain title to the grounds, buildings, structures and all other improvements, and its equipment. Subject to approval of the Recreation Supervisor, certain equipment owned by the UVCRC may be used at the ARC; provided, however, any such equipment must be identified in a writing attached to the COP and the equipment must be clearly marked as UVCRC property on the equipment itself. The City and UVCRC agree that both parties shall continue joint use of the grounds, buildings, equipment and other improvements at the ARC in furtherance of this Agreement. The Recreation Supervisor shall determine the most effective use of the ARC grounds, buildings, equipment and other improvements subject to the approval of the City's Director of Community and General Services, or such other individual designated in writing by the City Manager, in consultation with the Executive Director for the UVCRC, or such other individual designated in writing by the UVCRC Board President. Management Agreement Page 4 5. Budget and Funding. 5.1 The parties agree that it is the intent of the arrangement governed by this Agreement that revenues generated by ARC programs and usage will be sufficient to cover operating expenses (including, but not limited to, maintenance and contributions to any capital improvement reserves established in the budget). (For purposes of this Agreement, "fiscal year" shall mean the twelve consecutive months beginning July 1 of the year first referenced and ending June 30 of the year last referenced. For example, "fiscal year 2008109" means the period beginning July 1, 2008 and ending June 30, 2009.) a. In February of each year, the Recreation Supervisor and the Executive Director of the UVCRC ("Executive Director") shall develop budget assumptions related to the ARC operating budget for the following fiscal year. b. Before March 15, or on another mutually-agreed upon date, the Recreation Supervisor and Executive Director shall develop the preliminary proposed annual ARC operating budget and workplan. The budget will include estimated costs and revenue from rental and activities as well as agreed-upon capital improvement reserves. The UVCRC may agree to the preliminary proposed ARC operating budget and workplan or terminate this Agreement subject to the notification provisions of section 5.6. C. The proposed annual budget and work plan and the latest progress report will be included in the City Manager's Recommended Budget, which must be submitted to the City Council no later than May 15 each year. Once the City Council has established the annual operating budget, the UVCRC may agree to the ARC operating budget or terminate this Agreement subject to the notification provisions of section 5.6. d. Once the annual budget and work plan is approved by the City Council, that annual budget and work plan shall be implemented by the Recreation Supervisor for the upcoming fiscal year. 5.2 The City shall pay an agreed-upon amount for City programs held at the ARC and other identified usage including but not limited to rental of office space. The foregoing payments shall be made quarterly to the ARC revenue fund managed by the City of Ukiah and shall be due by July 15, October 15, January 15 and April 15. City will provide detailed usage Management Agreement Page 5 reports along with the documentation of the payments to the UVCRC Executive Director. 5.3 The City and UVCRC may agree to a mid-year budget adjustment to the ARC budget in special circumstances including, but not limited to, a significant unexpected expense affecting the ARC operations which could not be reasonably anticipated or controlled. 5.4 The City shall provide UVCRC with quarterly reports on the operating position of the ARC. Both parties agree to maintain agreed-upon customer service standards and accessibility over the course of the year, while recognizing that operations may change over the year in order to meet financial objectives for ARC operations. 5.5 As part of the annual budget and work plan `adoption process, the parties will agree on a method for separately accounting for fee-based activities and usage. A budget worksheet for the initial year is included in the Center Operating Plan (COP). A final annual budget reconciliation shall be prepared no later than October 1 of each year. Any net operating gain or loss shall follow the procedures as set forth in the COP "Budgeting Section". 5.6 In the event that the UVCRC does not agree to the annual budget and work plan as approved by the City Council, this Agreement shall terminate. The UVCRC will notify the City in writing that this Agreement shall be terminated six months from the date of notification, or on another date as agreed-upon by the parties. Distribution of net operating gain or loss shall be suspended during the six month notice period. Likewise, the UVCRC shall not be obligated to pay the amount of revenue shortfalls, as described in section 5.5, during the six month notice period. The parties acknowledge and agree that such a termination will require a substantial amount of time to accommodate ongoing obligations at the ARC and to enable full separation of responsibilities and obligations of the parties. The parties agree to cooperate reasonably one with the other in such an event to facilitate such a separation as expeditiously as possible. Termination of this Agreement as provided in this Section (with each party bearing its own costs) shall be the sole remedy of the parties. 6. Programming and Pricing_ 6.1 The City and UVCRC will agree upon programming and pricing as part of the annual budget and work plan process. This includes rates for office rental and room rental. 6.2 The parties acknowledge that the scope of community services offered at the ARC, including youth, family, intergenerational, special event, and adaptive programming, may evolve over time. Management Agreement Page 6 6.3 It is intended that the annual City Council approval of the budget and work plan will authorize the City Manager to adjust prices and programming as needed in accordance with a City Council adopted policy or directive. 7. Revenues and Marketing. 7.1 The parties agree that Ukiah Valley residents are intended to be the primary beneficiaries of the ARC, although the ARC will be available for the use of non-residents as well. To that end, the parties desire to develop a marketing plan and activity program pricing structure that will accomplish the foregoing goal and will provide adequate revenues to cover annual operating expenditures. The parties also intend to jointly and/or individually seek grants or other sources of funding which may be available to provide existing or expanded> services and programs at the ARC. Both parties agree to cooperate fully, one with the other, in such endeavors. 7.2 The parties agree that there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, disability, national origin, sexual orientation, or 'ancestry, in any activity or membership offered pursuant to this Agreement. 8. Audits, Record Retention and Inspection. The parties understand and agree that the City is a public entity and as such is subject to various laws including, but not limited to, the California Public Records Act, and as such members of the public as well as representatives of governmental agencies have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or other records of each party relating to this Agreement. Such material, including, but not limited to, all pertinent costs, accounting, and financial records shall be retained by each party for a period of at least five (5) years after their creation date. Each party grants the other party, at the requesting party's expense, the right to conduct at any reasonable time an audit and re-audit of the books, records and business conducted related to this Agreement and observe the operation of the business so that the accuracy of the above records and any of the invoices for services provided can be confirmed. In the event of any dispute between the parties as to financial matters, the parties agree, as their sole remedy, to mutually choose an independent auditor to conduct an investigation of the disputed matter. If the parties are unable to mutually choose an independent auditor, each party shall identify one auditor and those two auditors shall choose a third, independent auditor to conduct the investigation. The auditor so named Management Agreement Page 7 shall be deemed to have been mutually chosen by the parties. If, as a result of the investigation of the mutually chosen auditor, any adjustment in payment is required by either party, such payment shall be made within sixty (60) days of receipt of written demand for same. The decision of the mutually chosen auditor shall be final and binding upon the parties. 9. Dispute Resolution. 9.1 Operational Issues. Except as otherwise specifically set forth in this Agreement, any dispute concerning day to day operational decisions in the implementation of this Agreement as further detailed in the COP shall be resolved by the Director of Community/General Services and the Executive Director of the UVCRC. For any disputes which cannot be resolved by these individuals, either party may request that the Ukiah City Manager resolve the dispute after first consulting with the UVCRC Board President. The decision of the City Manager shall be final. 9.2 Other Issues. Should other disputes arise between the parties for which a dispute resolution mechanism or remedy is not otherwise specifically set forth in this Agreement, and the parties are unable to resolve such matters between themselves by negotiation after the complaining party has provided the other party written notice of the complaint and a reasonable opportunity to cure the problem, then such disputes shall be resolved in the courts of the County of Mendocino County in accordance with applicable law and procedure, including any claims procedures that may be required by law with respect to a general law city. 9.3 Termination Option. If either party seeks judicial redress of a dispute as set forth in section 9.2, that action shall give either party the opportunity to terminate this Agreement by providing the other party six months advance written notice of such desire to terminate. The action to terminate this Agreement described in this section is not intended nor shall it adversely affect the process set forth in section 9.2. 10 Indemnification. 10.1 The City agrees to indemnify, defend and hold harmless UVCRC, its agents, officer and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with City's operations or its services under this Agreement, including any Worker's Compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the City by any person pursuant to this Agreement. City's duty to indemnify UVCRC shall survive the expiration or other termination of this Agreement. Management Agreement Page 8 10.2 The UVCRC agrees to indemnify, defend and hold harmless City, its agents, officer and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with UVCRC's operations or its services under this Agreement, including any Worker's Compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the UVCRC by any person pursuant to this Agreement. UVCRC's duty to indemnify City shall survive the expiration or other termination of this Agreement. 11. Insurance. 11.1 General Requirements. Without limiting UVCRC's indemnification of City or limiting City's indemnification of UVCRC,UVCRC and City shall each provide and maintain at its own expense throughout the term of this Agreement the hereinafter listed programs of insurance covering its operations hereunder. Such insurance provided by UVCRC and by City shall be provided by insurers satisfactory to City's Risk Manager and satisfactory to the UVCRC's Executive Director, respectively, and a certificate or other evidence of coverage and certified copies of additional insured endorsements satisfactory to City and UVCRC, respectively, shall be delivered to the City's Risk Manager and to the UVCRC's Executive Director, respectively, before the effective date of this agreement. It is recognized that City currently provides general liability, workers' compensation, and auto liability insurance coverage through a combination of self insurance, pooled coverage, and purchased excess insurance coverage. Such evidence of coverage shall specifically identify this Agreement and shall contain the express condition that City or UVCRC, as applicable, is to be given at least thirty (30) days advance written notice of any modification or termination of any program of insurance. All such insurance provided by UVCRC shall be primary to and not contributing with any other insurance maintained by City. With the exception of workers' compensation insurance, all such insurance provided by UVCRC and by City shall name "City of Ukiah, its elected officials, officers, employees, agents and representatives" and "Ukiah Valley Cultural and Recreation Center, its officers, employees, agents, and representatives," respectively, as additional insureds. At all times during the term of this Agreement, UVCRC and City shall provide and maintain the following forms and amounts of insurance: a. Liability. Comprehensive General Liability Insurance written on a commercial general liability form or on a comprehensive general liability form covering the hazards of premises-operations, products/completed operations, independent contractors, advertising, contractual, broad form of property damage, and Management Agreement Page 9 personal injury with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and an aggregate limit of not less than Four Million Dollars ($4,000,000). b. Workers' Compensation. Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability. C. Comprehensive Automobile Liability. Endorsed for all owned, non- owned, and hired vehicles with a combined single limit of not less than Two Million Dollars ($2,000,000) per accident. d. Failure to Comply. Failure on the part of UVCRC or City to procure or maintain required insurance shall constitute a material breach of contract upon which City or UVCRC, respectively, may immediately terminate this Agreement. Notwithstanding this requirement, in the event that UVCRC or City fails to procure or keep in effect at all times the insurance coverage required herein, City or UVCRC, respectively, may in its discretion procure said insurance on behalf of UVCRC or City, respectively, and charge UVCRC or City, respectively, the full cost of the insurance and administrative costs. 11.2 The parties agree and will ensure that all ARC staff are trained in all safety related matters as required by law or appropriate for the services provided at the ARC. This includes criminal history checks as part of pre- employment screening. Management Agreement Page 10 12. Notices. Any notice, consent, authorization or other communication to be given shall be in writing and deemed duly given and received when (a) delivered personally, (b) transmitted by facsimile, (c) one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or (d) three business days after being mailed by first class mail, charges and postage prepaid, and in all cases properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed. In the case of notices to be given to the City, notice shall be addressed as follows: City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Phone: 707-463-6200 Fax: 707-463-6740 With a copy to: City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Phone: 707-463-6200 Fax: 707-463-6740 In the case of notices to be given to the UVCRC, notice shall be addressed as follows: Board President Ukiah Valley Cultural and Recreation Center P.O. Box 561 Ukiah, CA 95482 Phone: 707- 462-8562 Fax: Either party may change its address or other contact information by giving notice in writing to the other party as specified in this section. Management Agreement Page 11 13. Amendments. This Agreement shall only be amended by a writing signed by both parties after approval by the City Council and UVCRC Board of Directors. 14. Appropriations. The payment of any obligations of the City described in this Agreement is subject to the annual appropriation of funds for said payments by the City Council. This provision does not affect any obligation of the City for payment of funds attributable to a fiscal year for which an annual budget has been approved. 15. Miscellaneous Provisions. 15.1 Good Faith and Cooperation. The City and UVCRC agree that it is in their mutual best interest and in the best interest of the public that the ARC be operated and managed as herein agreed and, to that end, the parties shall in all instances cooperate and act in good faith in compliance with all of the terms, covenants, and conditions of this Agreement and shall deal fairly with each other. 15.2 Severability. If any provision of this Agreement, or the application of such provision to any party or circumstance, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to such party or circumstance other than those to which it is held to be invalid or unenforceable, shall not be affected thereby. 15.3 Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California, without regard to that state's conflict of laws principles. 15.4 Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all prior to contemporaneous written or oral negotiations, correspondence, understandings and agreements between the parties regarding the subject matter hereof. 15.5 Parties in Interest. Nothing in this Agreement shall confer any rights or remedies under or by reason of this Agreement on any party other than the UVCRC and the City nor shall anything in this Agreement relieve or discharge the obligation or liability of any third party to any party to this Agreement nor shall any provision give any third party any right of subrogation or action over or against any party to this Agreement. Management Agreement Page 12 15.6 Waiver. Failure of either party to complain of any action, non-action or default of the other party shall not constitute a waiver of such party's rights hereunder with respect to such action, non-action or default. Waiver by the UVCRC or City of any right or any default hereunder shall not constitute a waiver of any subsequent default of the same obligation or for any other default, past, present or future. No payment by a party, or acceptance by the other party, of a lesser amount than shall be due from one party to the other shall be treated otherwise than as a payment on account. The acceptance by a party of a check for a lesser amount, with an endorsement or statement thereon, or upon any letter accompanying such check, that such lesser amount is payment in full, shall be given no effect, and a party may accept such check without prejudice to any rights or remedies which it may have against the other party. 15.7 Construction. This Agreement has been negotiated by the parties and their respective legal counsel and will be fairly interpreted in accordance with its terms and without strict construction in favor of or against any party. 15.8 No Assignment. This Agreement, nor any part of it nor any right or obligation arising from it shall be assigned without the express written consent of the parties. 15.9 Independent Contractor Status. The parties shall at all times be acting as independent contractors. This Agreement is not intended, and shall not be construed to create the relationship of agent, servant, employee, partner, joint venture or association as between the parties. The parties understand and agree that any of their personnel furnishing services to the ARC under this Agreement are employees solely of the party which hired such personnel for purposes of workers' compensation liability and for purposes of receiving all other types of employee benefits. The parties shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any personnel hired by them for injuries arising from or connected with services performed under this Agreement, and shall. bear the sole responsibility and liability for furnishing all other employee benefits to any personnel hired by them. Management Agreement Page 13 I WITNESS WHEREOF, the UVCRC and the City have executed this Agreement as of the day and year first above written. Approved as to form: David Rapport City Attorney UVCRC By: Name: Title: City of Ukiah By: Name: Jane Chambers Title: City Manager Management Agreement Page 14 Center Operating Plan For The RORABAUGH GYM, CULTURAL-MCREAUONAL CENM TI Ev TABLE CONTENTS INTRODUCTION PURPOSE CAPACITY AND READINESS COMMUNITY SERVICES ORGANIZATIONAL CHART GENERAL POLICIES & PROCEDURES FACILITY MANAGEMENT AND STAFFING MARKETING FACILITY MAINTENANCE SECURITY SYSTEMS INSURANCE BUDGETING ACCOUNTING, BOOKING AND FINANCIAL REPORTING OPERATING BUDGET APPENDICES A) PREVENTIVE MAINTENANCE SCHEDULE 1. PREVENTIVE MAINTENANCE SCHEDULE B) LEASING AND OCCUPANCY I. LEASING AND OCCUPANCY II. MOVE IN PROCEDURES III. MOVE OUT PROCEDURES IV. SECURITY DEPOSITS V. RENT COLLECTION POLICIES AND PROCEDURES VI. CONTRACTS AND DISBURSEMENTS VII. TENANT RELATIONS VIII. CONTRACT ADMINISTRATION IX. EVICTION PROCEDURES 1 1 3 4 5 6 6 7 9 10 12 14 INTRODUCTION This plan has been developed to set forth the scope of activities relating to the property management of the Alex Rorabaugh Gymnasium, Cultural-Recreational Center (hereinafter ARC) as managed by City of Ukiah (hereinafter City) working under contract with the Ukiah Valley Cultural & Recreational Center Inc (Hereinafter UVCRC). It will outline the responsibilities of Management Staff as described below, and details the policies and procedures to be observed in the management of the ARC. "The Plan" will be subject to an annual review and modification by the City and the UVCRC. Any modifications to "The Plan" will be made in writing, dated and approved by both parties. PURPOSE We create community through people, parks, and programs. The Community Services Department plays an important role in creating a healthy community through diverse and innovative recreation programming. We provide space to learn & play, space to be safe & secure. and space to create & imagine. Space to Learn & Play The Community Services Department provides space to: °Foster human development for children, youth, teens, adults and seniors •Increase cultural unity °Promote health and wellness •Provide recreational experience Space to Be Safe & Secure The Community Services Department provides space to: ®Strengthen community image and sense of place *Support economic development *Strengthen safety and security Space to Create & Imagine The Community Services Department provides space to: ®Facilitate community problem-solving *Facilitate diverse programming ®Protect and preserve community resources Center Operating Plan Pagel Benefits to Our Community The Community Service Department provides essential community benefits, including: 'Healthier residents 'Sense of well-being in the community ®Safer neighborhoods •A higher quality of life 'Increased property values 'Opportunities for: • Community • Families • Children & Youth/Teens • Seniors • Special Populations 'Partnership opportunities 'Cultural expression and unity Benefits of Partnering with the Community Services Department 'Access to a broad mix of community residents 'Successful history of facility management and operations 'Successful history of collaboration with community groups, businesses, tribes, and schools °Responsive to Community's Needs 'Access to a wide range of indoor and outdoor facilities 'Trained professional staff 'Ability to leverage various existing resources •We work to build a better community every day Center Operating Plan Page2 CAPACITY AND ADINEsS The City of Ukiah Community Services Department provides a variety of services, facilities, programs, activities and events. The Department is organized into six divisions; Golf, Parks, Museum, Conference Center, Building Maintenance, and Recreation. Recreation Division The Recreation Division provides indoor and outdoor activities for all ages. Some of the current programs include youth and adult sports leagues, athletic training programs, aquatics programs, youth programs, as well as music, arts and leisure classes. These activities are managed by the Recreation Supervisor, Recreation Coordinator, the Receptionist and hundreds of part time programming staff. In addition, the Recreation Division produces a seasonal print brochure, maintains all activity information available online and tracks all participants through a registration system. The Division provides fee waivers to youth participants through a scholarship program which enables all applicants to attend youth programming. Not only is the Recreation Division successful with serving a variety of diverse participants through recreation services. they also partner with numerous community agencies to provide collaborative activities, services and events. Conference Center The Conference Center Division provides facility management for the Alex R Thomas Plaza, the Grace Hudson Museum Meeting Room. the Todd Grove Clubhouse Facility, and the 26,000 square foot Ukiah Valley Conference Center. The Conference Center team is made up of the Facility Administrator, the Event Coordinator Assistant and two Facility Attendant positions. These individuals provide comprehensive event planning, room rental services, and catering services. In addition. the Division maintains lease agreements for their tenants and returning renters. The Division maintains all records and coordinates a number of users while meeting insurance requirements, providing competitive rate structure, implementing policies and procedures in a Finn but flexible mariner, managing staff in the maintenance and set-up of rooms, as ,vell as collecting deposits, rental fees and appropriate payment schedules. The Community Services Department has the capacity and readiness to successfully operate the ARC facility. The Department has access to a number of staff and resources outside of the Recreation or Conference Center staff. Center Operating Plan Page3 v v t~ s b!l c~ x v v 0 c 0 v ~ E 4J v L a M M v v o n~ v o v v v 4-1 ~ c E 0 E +m' 0 v v ~ v 7 ~ v 0 C B n tD w Center Operating Plan Page4 GENERAL POLICIES AND PROCEDURES A. It shall be the responsibility of the City in collaboration with the UVCRC Board of Directors to establish the general policies under which the ARC will operate. The Management Staff shall implement the policies and carry out the day-to-day operations for the ARC. B. City and UVCRC shall review this Management Plan on an annual basis. Changes to the plan shall be submitted to both the UVCRC Board of Directors and the City; from which approval is required prior to implementing such changes. Such Changes will be in writing and dated. C. The established procedures shall be followed to ensure effective ongoing operation of the ARC. D. The Facility Administrator and Recreation Supervisor will, by means of a status report during weekly department meetings, advise the Director on the operation of the ARC. Such status report shall include, at a minimum, the following: 1. Recent or upcoming tenant changes or changes to rentals 2. Recent or upcoming maintenance and capital improvement requirements including tenant improvements 3. Updates on current vacancy rates, operating costs and comparable market rental rates E. The Management Staff will meet regularly with the Director for the purpose of reviewing policies, management procedures and discussing problems or concerns related to the ARC. Center Operating Plan Pages FACILITY MANAGEMENT AND STAFFING A. City will incorporate the management of ARC into the Community Services Department. The Community Services Supervisor under the direction of the Assistant City Manager will take overall lead management responsibility, with the Recreation Supervisor overseeing all management aspects, including the preparation of financial reports relating to the management of the ARC. B. The Recreation Supervisor will develop and implement a program for the ongoing maintenance and scheduling of the facility. This will incorporate a schedule for routine repair of buildings and systems and management of staff performing maintenance and repair work, as well as management of outside contractors hired to perform such routine work. C. The Recreation Sports Coordinator and the Community Services Receptionist under the direction of the Recreation Supervisor will be responsible for overseeing the day-to-day rental operation of ARC. This includes room rental administration and tenant/landlord relations. Office hours will be maintained Monday through Friday from Sam to 5pm at the Ukiah Civic Center Annex. The Recreation Department will track all use of the facility including classes and room rentals. D. City will utilize qualified maintenance staff that will be responsible for carrying out all cleaning, maintenance and repair work in accordance with the property management plan. E. City will employ and train two or three part-time Facility Attendants who will be responsible for overseeing facilities use when City is not in use of the building. The Facility Attendant(s) will have the responsibility to supervise needed equipment, unlock and lock the facility, and be in attendance in case of emergencies. MARKETING Marketing of the facility will fall in line with existing marketing services used by the City of Ukiah Community Services Department. Currently, the CS Department uses a tri-annual publication (19,000 copies - 40 or 48 page brochures) to advertise the entire Department's programs and activities; we also rely heavily on community press releases transmitted via both print and broadcast media. Further marketing is secured through partnerships with Powerhouse Media/Mendo-Lake Exchange, Family Life Magazine, Home Town Shopper, and Ukiah Daily Journal. Additionally, marketing information is provided to local students who receive program flyers through classroom distribution (6,000 copies - 6 to 8 times per year) that we distribute in conjunction with large community activities as well as with the timing of major registration periods. Center Operating Plan Page6 FACILITY MAINTENANCE The City shall be responsible for managing facility maintenance of the interior of the ARC building. At all times the ARC and its equipment will be maintained in a safe, clean, and operational manner. All staff will be responsible to assist in keeping the facility clan as part of their daily duties, along with the regularly scheduled custodial work. On an annual basis the City will: Operate all equipment to assure it is functioning properly. Incomplete work and missing or non-functioning items will be duly noted and referred to a General Contractor for resolution. In the event of any failures, malfunctions or breakage of equipment and fixtures the Recreation Supervisor shall immediately notify the UVCRC Executive Officer of the issue. The UVCRC will then refer the items for resolution to one of the following: The general or sub-contractor; An outside contractor or firm recommended by the general contractor; Ongoing Maintenance Program The City in conjunction with the UVCRC shall develop a long term capital improvement and maintenance schedule which will act as a general outline for capital replacement and maintenance. The Recreation Supervisor shall use this schedule to prepare a live year plan for preventive maintenance and repair of installed equipment. This work will be performed by skilled contractors or a maintenance person who has received training in the type of services required, including record-keeping of regular repairs and maintenance. Routine repairs of appliances, electrical, plumbing, and heating equipment will be performed by a maintenance person, or independent contractors as needed. Preventive annual unit inspections shall be undertaken by a maintenance person to regularly and consistently ascertain the condition of the ARC. Maintenance problems discovered during these inspections shall be addressed and schedule for repair. Preventive regular inspections and inspections of common areas and equipment shall be undertaken by staff, and regular schedules for maintaining same shall be prepared by the Recreation Supervisor. Maintenance of exterior areas shall include keeping grounds free of litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such as restrooms, lobbies, and interior corridors will be swept and cleaned daily and kept free of trash and other debris. Tenants/Renters will be instructed in the proper placement of rubbish in the bins provided. Extermination services will be contracted as necessary, so as to provide a high level of sanitation and cleanliness. Center Operating Plan Pagel SECURITY SYSTEMS The security system for the UVCRC incorporates standards applied to other high quality commercial projects. Specifically, the security system shall include: Entries - Entry to the office spaces of the building and rental spaces shall be accessible by key. Each tenant will have a set of keys to the building, as well as to the tenant/renter's offices. City Staff will have master keys. UVCRC staff will have a key(s) to non-office areas of the facility. The Recreation Supervisor will be responsible for a key schedule to monitor all keys issued. Lighting - Security lighting shall be provided for all parking lots, entry doors, alcoves, hallways, and adjacent outdoor areas. Security lighting will be operational from dusk until dawn. Windows - All accessible windows will be secured on the inside with a locking device capable of withstanding prying or ,vrenching. Alarms - City shall determine whether or not to provide entry alarm systems within office or industrial space for tenant/renter use. The Recreation Supervisor will consult regularly with tenants/renters and agency staff to discuss the need for any special security provisions which may arise. Center Operating Plan Page8 INSURANCE A. The city shall arrange for the ARC to be insured against loss by fire and such other hazards, casualties, liabilities and contingencies. B. All insurance policies and renewals thereof shall be issued by a carrier and in a form acceptable to City and the UVCRC. In addition to naming the City as primary insured under any property or liability policy, the following shall be named as Additional Insured: 1. UVCRC 2. Lender, Northern California Commmunity Loan Fund (covered by UVCRC Insurance policy) 3. Ukiah Unified School District C. The City's Risk Manager and/or attorney will report, investigate and pursue the resolution of all accidents or claims in connection with the operation of the ARC. D. Tenant/Renter shall provide evidence of insurance as required by contract terms, prior to occupying tenant/renter's unit. In addition to naming the tenant/renter as primary insured, tenant/renter's insurance shall name the following as additional insured if required by the contract terms: 1. UVCRC 2. Lender, Northern California Community Loan Fund (covered by UVCRC Insurance policy) 3. Ukiah Unified School District E. The Recreation Supervisor shall send written notice to new tenants/renters prior to occupancy, reminding them of their insurance requirements, and informing them that they will not be allowed to utilize the ARC until evidence of such insurance is provided in the forin of certificates of insurance showing all named insured as required by the contract. Center Operating Plan Page9 BUDGETING A. City will incorporate the ARC Annual Operations budget into the Community Services Department Budget and will review and report as regularly scheduled. B. The ARC Annual Operations Budget shall be submitted for consideration, by the Director, to the UVCRC Board of Directors and the Ukiah City Council for consideration. After approval by both the UVCRC and the City Council, these projections shall become the approved Annual Operating Budget. C. The City shall contribute to a Capital Replacement Reserve Account for the property to be funded from revenues generated from the annual operation of the building by the City and supplemented with joint fundraising and grant efforts by the City and the UVCRC. The purpose of the Capital Replacement Reserve Account is to set aside funds for capital improvements, repairs, and replacement that will be needed during the life of the property to maintain and support the desired functions. Management of the Capital Reserve Account shall be the responsibility of UVCRC. UVCRC in consultation with City will develop and review on an annual basis a 30 year projection of estimated capital needs. The target funding for the account is as follows: 1. The ARC Capital Replacement Reserve Account will be funded initially by the UVCRC at $10,000 with ongoing deposits. The City will add $10,000 during the fiscal year period 2010-2011. The annual contribution will be equal to the previous year plus $2,500 if revenue allows. 2. Further contribution rates and "the cap" will be determined when the 30 year replacement schedule is established. This is a fund for replacement and not routine normal maintenance or minor repair of systems, equipment and building or tenant improvements. In addition, the reserve is not be used for administrative expenses by UVCRC or the City. D. Partners in the ARC shall pay a proportionate share of the budget, therefore as revenues increase over time partner investments may decrease by that proportionate amount. The City shall monitor expenses and report all operating records to the UVCRC board. 1. On a quarterly basis throughout the city's fiscal year the city Recreation Supervisor will keep the Executive Director of the UVCRC apprised of potential revenue shortfalls or windfalls. 2. Should a shortfall be anticipated the City and the UVCRC will meet and confer to implement measures to mitigate and address the shortfall. 3. The ARC Operating Reserve Account will be established and held by the City to cover an operating shortfall. The Operating Reserve Account will start with a balance of $15,000, funded by the UVCRC. Center Operating Plan Page10 4. In the event of revenue above the approved budgeted expenses, the amount above the budgeted expense will be deposited to the ARC Operating Reserve Account. The target balance for that account will be equal to 50% of the previous year's approved expense budget. After the prescribed ARC Operating Reserve target amount is met, the revenue above annual approved expenses will be deposited in the UVCRC Endowment Fund. The purpose of the UVCRC Endowment fund is to establish a significant balance in perpetuity that allows the use of a portion of the interest income to reduce ARC operating costs as well as reduce costs to the public for use of the facility. 6. In the first year of the management agreement the UVCRC will contribute $5,000 (five thousand dollars) to the City of Ukiah ARC Operations budget. The UVCRC will fund the ARC Operating Reserve Account in the amount of $15,000 (fifteen thousand dollars). 7. In the event of the management contract cancellation the balance of the "ARC Operating Reserve" will be distributed to the City of Ukiah and the UVCRC in equal shares. - - - Center Operating Plan Page 11 ACCOUNTING, BOOKING AND PORTING A. Financial accounting, reports and records shall be in conformance with standard accounting procedures, and responsive to the guidelines provided by any regulatory agencies with reporting requirements related to the ARC/UVCRC. Accordingly, the Management Staff will maintain accurate files of all tenant/landlord transactions, revenues, and expenditures and prepare quarterly reports containing the following information for the ARC: 1. General Ledger Report. This report is available to see a summary of accounts receivable and how funds are posted to accounts. 2. Operating expenses are available through print-outs from the financial software and presented in the quarterly & year to date comparisons. 3. Quarterly and year-to-date budget comparisons will show all accounts receivable and accounts payable in a side-by-side comparison to the Annual Operating Budget. This report will be updated at the end of September, December, March and June. For each quarter, the report will be available 20 days following the close of said month. 4. A rental report will be prepared at the close of each month. The report will include a table listing rental details such as days, times, hours, services provided, renter name, address, fees collected, etc. This rental report will be reviewed by the Director and available to the UVCRC one month following the close of said month. Center Operating Plan Page 12 B. The following accounts shall be established, and Management Staff shall be responsible for all bookkeeping related to these accounts 1. ARC General Operating Account, into which rent, carrying charges, room deposits and other miscellaneous income will be deposited and from which the ARC operating expenses will be paid. 2. ARC Capital Replacement Reserve Account to be funded as described in the "Budgeting Section". This account level will be based on a capital improvements schedule of anticipated useful life and replacement needs of major items. 3. Security Deposit Account is to be funded by tenants' security deposits. Policies and procedures for administering this account are noted in Appendix B, Section IV. 4. ARC Operating Reserve Account to be funded as described in the "Budgeting Section". This account will be based on the annual operating budget. C. Management Staff shall maintain a General Ledger program which shall be continually updated to meet the accounting and reporting needs of the City and the UVCRC to produce a quality audit trail. D. The Facility Administrator shall maintain the ARC files and records in accordance with reporting and accounting requirements established by City, UVCRC, and the requirements of any other agencies administering funds contributing to the development and operation of the ARC. E. In order to ensure strict compliance with the budgeting and accounting guidelines, the Community Services Supervisor will establish a manual of instructions, schedules and files indicating relevant deadlines, reporting formats, etc. F. Vacancies and monthly rent losses will be noted and recorded in the accounting reports summarizing monthly financial activities for the UVCRC. Such losses will also be noted in the monthly variance reports indicating budgeted versus actual income. Center Operating Plan Page 13 CITY OF UKIAH ARC General Operating Account EXPENSE January-June FY 09110 ACCOUNT NO. 6 months No gymnasium 111 Salaries, Non-Regular $ 15,600 .000 3 Facility Attendant (20 hours per week @ $10.00 per hour, 26 weeks) 115 Salaries Overtime and Holidays $ 500 141-156 Employee Benefits $ 1,896 .000 Retirement, Workers Compensation Insurance, Group Insurance, Unemployment Insurance, FICA, Medicare. 210 Utilities $ 91000 .000 City and PG&E utilities (without gym open; Increase to $24000 wt Gym } 220 Telephone $ 1,000 .000 Maintenance aareement. Iona distance and svstem charges. 250 Contractual Services $ 3,000 .000 Pest Control, Routine Carpet Cleaning 280 Burglar Alarm Maintenance $ 800 301 Building Maintenance and Repair $ 1,500 .000 Building maintenance and repair 302 Equipment Maintenance and Repair $ 21000 .000 Heating, air conditioning, and miscellaneous equipment. 340 Insurance $ - .000 earthquake and flood insurance costs. 711 Contribution to Replacement Reserve (699) $ 51000 DEPARTMENT TOTAL EXPENSE $ 44,296 REVENUE Room & Office Rentals $ 20,000 City Recreation Program Revenue $ 4,500 Youth Basketball Adult Sports $ 1,500 Recreation Classes $ 3,000 New Programs: Preschool or Soccer Partner by MOU $ 15,000 Boys & Girls Club Start-Up Contribution $ 5,000 UVCRC DEPARTMENT TOTAL REVENUE $ 44,500 PROFFITtLOSS $ 204 Center Operating Plan Page 14 CITY OF UKIAH ARC General Operating Account EXPENSE ACCOUNT NO. FY 10111 111 Salaries, Non-Regular $ 31,200 .000 3 Facility Attendant (20 hours per week @ $10.00 per hour) 115 Salaries Overtime and Holidays $ 1,000 141-156 Employee Benefits $ 3,772 .000 Retirement, Workers Compensation Insurance, Group Insurance, Unemployment insurance, FICA, Medicare. 210 Utilities $ 22,000 .000 City and PG&E utilities (with gym open) 220 Telephone $ 2,500 .000 Maintenance aareement. Iona distance and svstem charaes. 250 Contractual Services $ 5,000 000 Pest Control. Routine Camet Cleanina 280 Burglar Alarm Maintenance $ 800 301 Building Maintenance and Repair $ 2,500 .000 Building maintenance and repair 302 Equipment Maintenance and Repair $ 3,000 .000 Heating, air conditioning, and miscellaneous equipment. 340 Insurance $ .000 ARC's share of the citywide general liability, property, and 711 Contribution to Replacement Reserve (699} $ 10,000 DEPARTMENT TOTAL EXPENSE REVENUE Room & Office Rentals City Recreation Program Revenue Youth Basketball Adult Sports Recreation Classes $ 6,000 $ 3,000 $ 3,000 $ 5,000 $ 88,772 $ 42,000 $ 17,000 New Programs: Preschool or Soccer Partner by MOU Boys & Girls Club DEPARTMENT TOTAL REVENUE PROFFITILOSS $ 30,000 $ 89,000 $ 228 Center Operating Plan Page 15 APPENDIX A. 1. PREVENTATIVE MAINTENANCE SCHEDULE A. Interior painting of individual units shall occur as occupancy changes, as required by contract terms or as the Facility Administrator may otherwise deem necessary. B. All items needing repair or replacement, whether reported by the tenants or agency staff, or discovered by Management Staff, shall be recorded on a Maintenance Work Order form by the staff or Facility Administrator. 1. The form shall be completed in triplicate; one copy each shall be given to the tenant/renter or agency staff person, one copy to the service provider (Janitor or outside contractor), and one copy shall be retained by the Facility Administrator in a suitable ledger for follow-up as the work proceeds. 2. The Maintenance Work Order form shall indicate the costs of labor and materials and the Facility Administrator shall determine any charges to tenant or agency for damages beyond normal wear and tear. Business Manager will bill tenants/renters or agency promptly for damages they cause, and tenant or agency will be required to reimburse the City within the time period stipulated in the contract or operating agreement. 3. Once the work is completed and the tenant/renter or agency staff person has acknowledged this by signing a copy of the work order, the ledger copy shall be placed in the permanent file assigned to the tenant/renter's or agency's unit space. C. Maintenance Response Schedule 1. Routine maintenance requests will be completed within 72 hours, unless prevented by unavailability of parts, disaster, or Act of God. 2. All emergency repairs or replacements, regardless of the time of day they occur, shall be handled promptly. Emergency needs shall be defined as those situations posing immediate threat to the health and safety of tenants/renters or agency staff and/or the integrity of the grounds, buildings, and equipment, including: the interruption of services, hot or cold running water, electricity, gas, adequate heat and plumbing; glass breakage which deprives tenants/renters or agencies of security or heat; or repairs that if not performed would expose them to injury. In case of an emergency after business hours, the number to City Dispatch will be provided. Center Operating Plan: Appendices a D. The Facility Administrator will establish a system that assures tenants/renters and agency staff will have the ability to reach an individual from the Management Staff during all hours in the event of an emergency related to the ARC. E. Major Projects and Capital Improvements 1. Major redecorating of common areas, exterior painting and projected replacements to building infrastructure, heating and ventilation systems shall be integrated into a capital improvements schedule which shall serve as a basis for computing and establishing the ARC Capital Replacement Reserves. APPENDix B. . LEASING AND OCCUPANCY A. All recruitment and screening of tenants/renters for the ARC will be the responsibility of the Facility Administrator and will be handled in accordance with policies and procedures for such activities. B. Prior to approving a new long term rental of longer than 45 calendar days, Facility Administrator shall obtain and review the following: 1. Tenant/Renter Application 2. Tenant Credit Report 3. Reference 4. Copy of Tenant's bank statements from prior three months C. Facility Administrator shall provide a copy of the information described in Section V.A.1. to the Director for review and approval. If the rental is to be more than 180 day the CPO will submit it to the UVCRC for written approval. D. Upon receiving approval from the Director and, if required, by the UVCRC, the Facility Administrator shall complete a contract for the new tenant/renter and provide it to tenant/renter for review. E. Director shall participate in any negotiations with potential tenants as deemed necessary. Rental discounts must be pre-approved by the UVCRC Center Operating Plan: Appendices b F. The Facility Administrator will send a welcoming letter to all new tenants/renters and provide all tenants/renters with written orientation material including general information about the property, a list of emergency numbers and other information regarding emergency procedures. G. The Facility Administrator will provide all new tenants/renters with a tour of the facilities in order to acquaint them with the physical layout of the ARC and the location of fire alarms, fire extinguishers, and fire exits, as well as a review of fire precautions and evacuation procedures. H. The Facility Administrator will meet with new tenants/renters to thoroughly review Rules and Regulations for the ARC and each tenant/renter will be provided with a copy of the above documents. 11. MOVE-IN PROCEDURES A. Facility Administrator shall conduct a walk through and orientation for all new tenants/renters. The walk through and orientation shall include the following: 1. Inspect tenant/renter's space prior to occupancy. A checklist of the unit's condition will be signed by both parties. 2. The location of all emergency equipment and alarms. Long term tenants will be provided with information about procedures for locking the facilities and keys will be provided to all tenants as appropriate. 3. Written documents explaining the use and care of the facilities and equipment in the facility as well as maintenance and service request procedures, security systems and emergency procedures. 4. Any signage the renter/tenant wishes to utilize will require approval of the Facility Administrator. B. Tenant/Renter shall not be provided keys to tenant/renter's space until the Facility Administrator has received a copy of tenant/renter's certificate of insurance showing coverage limits stipulated in tenant/renter's contract, and additional insured named as required by rental agreement. . MOVE-OUT PROCEDURES A. At the time a tenant/renter moves out of the facility, the Facility Administrator shall conduct a walk through with the tenant/renter to identify any "Tenant/Renter Caused Damage", the costs for which will be charged to the Tenant/Renter. Facility Administrator shall complete an Inspection Report and obtain the Center Operating Plan: Appendices tenant/renter's signature confirming the "Post Occupancy" condition of the premises. This inspection shall be conducted within 24 hours of a tenant/renter vacating the space. Facility Administrator shall also note on the Inspection Report, items which must be repaired prior to re-leasing or renting, but which are not the responsibility of the tenant/renter. Facility Administrator shall schedule such work to be completed within 5 days of tenant/renter vacating the space. B. At the time the tenant/renter moves out of its rented space the Facility Administrator shall undertake the following: C. Collect all keys to the premises which have been provided to the tenant. D. Cancel any alarm code which has been used by the tenant and have a new alarm code assigned to the space in question. The new alarm code shall then be provided to the new tenant renting the vacated space. E. Make sure that tenant/renter has had all signage removed from the building, and if the tenant has not performed this task, then have the signage removed and shall charge tenant/renter for the cost of such removal. F. Make sure that the space for renting to a new tenant/renter in accordance with the items listed in the Procedures for Vacancy Preparation and Repair. IV. SECURITY DEPOSITS A. Tenants/Renters shall be required to make a refundable security deposit in accordance with the terms of their contract. The security deposits for uses longer than 45 days shall be held in a separate account with a depository insured by an agency of the federal government of a comparable federal deposit insurance program. The balance of this account shall at all times equal or exceed the aggregate of all outstanding deposits. B. Interest earned on the Security Deposit Account shall accrue to the tenant/renter's account if so required by the terms of the rental agreement. If the lease does not require interest to accrue to tenant/renter's account, then interest earned on security deposits shall be transferred into the Replacement Reserve Account twice a year. C. When a space has been vacated, the Facility Administrator will perform a move-out inspection to determine any damages to be corrected or cleaning necessary over and above normal wear and tear, which shall be charged against the security deposit. A tenant/renter may, but will not be required to, participate in this inspection. The move-out inspection form will be compared to the move-in inspection form to determine the extent of tenant/renter caused damages. Center Operating Plan: Appendices d D. Within 5 days from the date of move-out, the Facility Administrator shall prepare a security deposit refund form indicating: 1. Security deposit on hand 2. Amount of rent or unpaid charges owing as of the date of move-out 3. Amount of damage or cleaning charges to be assessed. An itemized list of work and actual costs will be attached to the forms for repair, cleaning, or replacement of items above normal wear and tear. 4. The balance of the security deposit after deductions for outstanding rent, fees, charges, cleaning and damages will be refunded to the tenant/renter with this form and itemization of costs. E. As part of the tenant/renter orientation, tenants/renters shall receive an explanation of the use of security deposits. V. RENT/AGENCY FUND COLLECTION POLICIES AND PROCEDURES A. The tenant/renter orientation information (both written and oral) for the ARC shall address monthly rent collection policies and procedures. Such policies and procedures shall be strict, consistent, easily understood and firmly enforced. This information will be provided to all tenants/renters at move-in as well as to all Management Staff. B. The Facility Administrator shall collect and record all rent and tenant/renter charges and shall promptly deposit daily receipts to the appropriate account(s). C. All monthly rents will be due and payable on the first day of the month but in no event later than five (5) working days after the due date. Method, time and place for payment will be made clear to the tenants/renters and will specify that payment is to be made to City/ARC office at 1640 South State Street, Ukiah, California either by check or money order. No cash may be accepted from tenants/renters. D. Tenants/renters who do not pay their rent by the tenth (10th) of the month shall receive a three (3) day notice to pay or quit. E. Partial monthly rent payments (except for pro-rated fees involving a mid- month move-in date) will only be accepted in very special cases approved by the Director. F. Tenants/Renters having financial problems that affect payment of their monthly rent shall be referred to the Facility Administrator. Facility Administrator shall evaluate the tenant/renter's situation and determine whether to pursue some Center Operating Plan: Appendices e alternative payment method with the tenant/renter in question. If the Facility Administrator determines that, based upon the history and actions of the tenant, such an alternative payment plan should be considered, he/shall develop such a plan and submit a written proposal to the Director for approval. Upon receiving written approval of such plan from the Director, the Facility Administrator shall proceed to formalize and document such arrangements with tenant/renter. Until such time as alternative payment arrangements are formalized and documented with the tenant/renter, the Facility Administrator shall continue to follow all policies and procedures for rent collection and eviction in the event tenant/renter has not paid rent in full. Alternative payment plans longer than 180 days requires UVCRC approval. G. Rent increases shall be anticipated in the Annual Operation Budget and implemented in new contracts as the needs of the ARC and current market conditions dictate. Rent increases shall be implemented in conformance with the requirements of the contracts. The Director, in conjunction with the Facility Administrator shall be responsible for calculation of new rent levels and shall be responsible for providing notice to tenant/renter of rental increase at least thirty (30) days prior to the adjustment date as defined in tenant/renter contract or earlier if required by the terms of the contract. H. Should a tenant/renter cause damage to the premises in the course of his/her occupancy, the tenant/renter will be billed for the repair of such damages when they occur in order to avoid using the tenant/renter's security deposit for payment. Facility Administrator shall make the Director aware of such damage and shall provide the Director with a copy of the invoice for repairs from the vendor and the Facility Administrator will send an invoice to tenant/renter. These damage charges will appear on the tenant/renter's monthly rent ledger card and will show as a balance due until paid in full. However, should these charges still be owed when the tenant/renter vacates the unit, such charges will be deducted from the security deposit refund. Remaining charges for damages in excess of the security deposit will be recovered by referring the case to an attorney or professional collection service. 1. Tenants/Renters will be charged for tenant/renter-caused or tenant/renter- requested replacements and repairs. Charges for these items will be at a rate which does not exceed the actual cost paid for labor and materials. J. A service fee of $25.00 will be charged for returned checks. Following the occasion of two (2) checks being returned by the bank, rent payment by cashier's check or money order will be required. Legal costs incurred in pursuing collections of fees and/or eviction procedures shall be shall be paid out of the General Operating Account and repayment by tenant/renter shall be pursued in accordance with tenant/renter's lease. Center Operating Plan: Appendices f K. Facility Administrator shall maintain a "Monthly Rent Roll" for each the ARC, regularly updated, indicating unit space, name of tenant/renter or agency occupying space, principals of tenant/renter's business, contract commencement and expirations dates, rent amount, other monthly charges, and current payment status for each of the units in the commercial properties. L. Payment of rent from a tenant/renter for whom eviction proceedings have been instituted shall be accepted only under the terms and conditions advised by the attorney handling such eviction proceedings and acceptance of such rent must be approved by the Director. VI. CONTRACTS AND DISBURSEMENTS A. Standard City purchasing and accounts payable requirements shall apply. VI 1. TENANT/RENTER RELATIONS A. Relations between property management and tenants/renters or agency staff, shall be based on a policy of cooperation and communication. Occupants of the ARC shall be encouraged to understand that their involvement is important and therefore their ideas, priorities, suggestions and concerns, are both sought and valued. The Facility Administrator shall work closely with the tenants/renters and staff and shall enlist their support and participation in the following areas: B. Problem Solving: Facility Administrator shall solicit tenant/renter participation in solving problems generated by other tenants/renters, such as excessive noise or other disturbances. Facility Administrator will encourage tenants/renters to act as a cohesive body to see that policies affecting the community as a whole are enforced. Tenants/Renters with a complaint against one another may present their situations to the Facility Administrator who can work directly with tenants/renters. C. Ongoing Communication: Tenants/Renters and staff shall be encouraged to offer suggestions to the Management Staff in a variety of areas of concern, such as security, maintenance, and operations. Tenant/Renter and agency staff involvement in planning can result in more relevant, sensitive and effective management policies and also recognizes the principle that "participation brings commitment." Facility Administrator shall schedule periodic meetings with tenants/renters to encourage tenant/renter involvement in the development of effective policies and procedures. D. Tenants/Renters will be provided copies of the Rules and Regulations and other materials pertaining to policies governing their occupancy in the ARC. Management Staff will provide the tenants/rentals and agency staff with a list of emergency numbers, as well as the phone number of the management office and back-up information in the event of emergencies when the office is closed. Center Operating Plan: Appendices 9 Tenants/Renters and agency staff will also receive information about energy conservation and what each tenant can do to reduce energy waste, along with information about recycling office materials. E. A copy of the Emergency Response Plan which has been developed for the ARC will be provided to all tenants/renters. This plan is designed to maximize the health and safety of the tenants/renters or agency staff in the event of an emergency such as a fire, earthquake, mudslide, or power outage. The plan will be distributed to all tenants/renters and agency departments at the time of initial occupancy and periodic drills may be scheduled to give occupants the opportunity to practice their response to an emergency situation. VI 11. CONTRACT ADMINISTRATION A. The Facility Administrator will keep a "Tickler File" with the contract termination date, or anniversary of the commencement date for all tenants/renters and for contracts in which City is contracted. B. Ninety (90) days prior to a tenant/renter's contract termination date, Facility Administrator shall notify the Director of such upcoming termination date. Upon such notification, the Director shall review tenant/renter status and shall instruct Facility Administrator to proceed with negotiations to renew contract, or to pursue other activities. C. Sixty (60) days prior to a tenant/renter's contract termination date, Facility Administrator will send a letter to the tenant/renter, advising tenant/renter of its impending contract termination date and outlining options for requesting a renewal, or in the absence of such a request, the policies and procedures for move-out. IX. EVICTION PROCEDURES A. The Facility Administrator shall enforce the terms of each tenant/renter contract as they apply to eviction policies and procedures. B. Cases involving nonpayment of rent shall be handled as follows: 1. As stated above in Section V.F., tenants/renters having financial problems that affect payment of their rent or other charges shall be referred to the Facility Administrator for consideration of its problems. Any rent payment workouts resulting from the above will be in writing and signed by Director and the tenant/renter. Such documentation will become part of the tenant/renter's permanent file. 2. Notwithstanding the above, tenants/renters who do not pay their rent by the tenth (10th) of the month shall receive a three (3) day notice to pay Center Operating Plan: Appendices h or quit. Such notice shall be in accordance with the California Code of Civil Procedures. If the tenant/renter does not comply with such notice and Management Staff is unable to work out a suitable payment program with the tenant/renter, an unlawful detainer action will be filed and the matter will be referred to a professional eviction service or attorney specializing in this area of the law. 3. If the rent and other charges are paid in full during the eviction process, City will have the option to continue eviction proceedings to completion, or to reinstate tenancy, and the Director shall notify Facility Administrator of such decision, so that Facility Administrator may take appropriate action. C. Cases involving a violation of the contract, including Rules and Regulations shall be handled as follows: 1. Facility Administrator will keep tenants/renters and agency staff advised, through memo's, reminders or written warning notices, of policies in place at the commercial properties. Facility Administrator will work with tenants/renters and agency staff and enlist their support as required to prevent recurrent violations. Tenant/renter evictions will take place as a last resort. 2. Tenants/renters shall receive written notice of minor infractions of the contract, including Rules and Regulations. The initial notice shall advise tenants/renters that such infractions are violations of the contract. Upon issuance of the third warning notice of the same violation, Facility Administrator will issue a 30-day notice of Intent to Terminate Tenancy. D. Any notice of termination or eviction shall contain a statement of the facts constituting the cause of the termination or eviction and a statement of the tenant/renter's rights under the Grievance Procedures. E. Tenant/Renter complaints shall be processed according to the Grievance Procedure attached as Exhibit 1. This procedure allows for both informal and formal hearings, while not waiving the rights of either the tenant/renter or management to any judicial resolution of the matter. F. Tenants/Renters in violation of the contract will be subject to the eviction procedures as described above. Center Operating Plan: Appendices i ITEM NO.: 10e MEETING DATE. AGENDA SUMMARY REPORT 10-06-09 SUBJECT: DISCUSSION AND DIRECTION REGARDING AGREEMENT AMONG PARTIES CONTRIBUTING FUNDS TOWARD LOCAL SPONSOR SHARE OF THE U.S. ARMY CORPS OF ENGINEERS COYOTE DAM FEASIBILITY STUDY Background: Mayor Phil Baldwin serves as a Commissioner for the City of Ukiah on the Inland Water & Power Commission (IWPC). In that capacity, he has participated in discussions at IWPC meetings regarding the efficacy of the group continuing with participation in the cost of a U.S. Army Corps of Engineers Feasibility Study on Coyote Dam, and the cost and progress made to date on this study. A cost sharing agreement has been drafted and amended by the City Attorney (Attachment 1). Discussion: The agreement has been reviewed by all participating agencies of the IWPC. The agreement has been approved by the governing bodies of the County of Mendocino and the Potter Valley Irrigation District. This Item is agendized on the October 8, 2009 IWPC meeting. Given the fact that this issue is being discussed by IWPC, it is appropriate for the City Council and its representative to the commission discuss this matter as well. Fiscal Impact: HBudgeted FY 08/09 New Appropriation ® Not Applicable Budget Amendment Required I Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Recommended Action(s): Approve the first amendment to the IWPC agreement among parties contributing funds toward local sponsor share of the U.S. Army Corps of Engineers Coyote Cam Feasibility Study. Alternative Council Option(s): Revise agreement and send the revisions back to the IWPC. Citizens advised: Requested by: Phil Baldwin Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Phil Baldwin, David Rapport Attachments: First Amended Agreement Approved: JaChambers, City Manager FIRST ENDED AGREEMENT AMONG PARTIES CONTRIBUTING FUNDS TOWARD LOCAL SPONSOR SHARE OF THE U.S. ARMY CORPS OF ENGINEERS COYOTE DAM FEASIBILITY STUDY Comment [DJR1]: This First Amended Agreement is entered on 2009 ("Effective Date") in Ukiah, California, among the Mendocino County Inland Water and Power Commission ("Commission") and those of its members who participate in funding the local sponsor's share of the cost of the Army Corp of Engineers Coyote Dam Feasibility Study ("Study Participants"). It amends and suoercedes the AG EY-,- ;T AMONG PARTIES CONTRIBUTING FUNDS TOWARD LOCAL,- DR ; C r THE U.S. ARMY CORPS OF ENGINEERS COYOTE DAM FEi.Z: ;.'LITY STU. (,dated 2006. Study Participants consist of two groups: (1) those Study Participants who sign this Agreement on the Effective Date ("Initial Study Participants"), and (2) those Study Participants who sign this Agreement after the Effective Date and who do not make an Initial Contribution toward the Local Sponsor's share of the project costs ("Subsequent Study Participants"). RECITALS This Agreement is made with reference to the following facts: 1. The Commission is a joint powers authority comprised of the Potter Valley Irrigation District, the Redwood Valley County Water District, the City of Ukiah, Mendocino County and the Mendocino County Russian River Flood Control and Water Conservation Improvement District and such additional agencies as may in the future sign the Joint Powers Agreement ("JPA") creating the Commission and thereby join the Commission. 2. The Commission has entered an Agreement between the Department of the Army and the Inland Water and Power Commission for the Coyote Valley Dam Feasibility Study, dated 2005 (the "Feasibility Study Agreement"). Under the Feasibility Study Agreement, the Army Corp of Engineers ("ACOE") agrees, pursuant to a Project Study Plan, attached as an exhibit to the agreement, to study the feasibility of various options to improve flood control and increase the storage capacity and/or yield of Lake Mendocino, including (1) raising the existing earth-fill dam, (2) dredging the reservoir and (3) changing the operating conditions of the dam (the "Feasibility Study"). A copy of the Feasibility Study Agreement is attached hereto as Exhibit A and incorporated herein by this reference. 3. The Commission is designated as the "Local Sponsor" in the Feasibility Study Agreement, which is obligated to contribute 50% of the cost of the Feasibility Study, 25% of which may consist of certain in-kind services as specified in the agreement. 4. The Feasibility Study Agreement makes clear that there is no guarantee that any of the alternatives examined will be determined to be feasible or become a federally sponsored project. -1- 5. The members of the Commission who are the initial signatories to this Agreement, the Initial Study Participants, are willing to contribute funds to meet the Local Sponsor's funding obligation under the Feasibility Study Agreement, and assume the risk that the funds contributed toward the study may not result in the construction of a project that produces additional water that is available to the Study Participants, provided that-, subject to the provisions of this Agreement, any benefits that do result from the study, including additional water supplies, are shared by the hiitial Study Participants in proportion to each Initial Study Participant's contribution toward the Local Sponsor's share of the study and that any Subsequent Study Participants can become Subsequent Study Participants only as further provided in this Agreement. AGREEMENT In consideration of the above-recited facts and the terms and conditions as further stated below, the parties agree as follows. Definitions: 1. Initial Stud Participant - A member of the Commission which contributed its proportionate share of the local matching funds from the beginning of the Coyote Dam Feasibility Study 2. Subse went Stud Participant - A member of the Commission which did not participate in the Coyote Dam-Feasibility Stud when it began, but has requested to become a Study Participant and has satisfied the requirements in Section II 3. Stud Participant - A commission member which is participating in the Coyote Dam Feasibility Stud b paying its ro ortionate share of the local matching funds regardless of when it began such participation or whether it withdrew and later reinstated its Participation, as provided in Section IV 1. CONTRIBUTION OF INITIAL STUDY PARTICIPANTS 1.0 Each hiitial Study Participant agrees to contribute an equal share of matching funds required under the Project Study Agreement as of the Effective Date. That share equals of the matching fund payment of $ Initial Study Participant. or $ per 1.1 The payment specified in section 1.0 above must be received by the Commission by , 2006. If the Commission has not received a payment from a Study Participant by this deadline, it shall provide written notice to the Study Participant that its failure to make the payment within 10 days from the date the notice is given shall result in the Study Participant being subject to Section 3.2 of this Agreement. -2- 1.3 The current Stud Participants and the amount the have each contributed as Formatted: Indent: Left: 0.5", Hanging: 0.56" their proportionate share of the local match as of the Effective Date, are as follows: II. SUBSEQUENT STUDY PARTICIPANTS 2.0 A Commission member may request to become a Subsequent Study Participant by submitting a written request to the Commission. Upon receipt of the request, the Commission shall determine the amount that member would have paid toward the Feasibility Study, if it had been an Initial Study Participant. T4w-Gv II~r ~.,,i ti==gzia~~m~=~ _ In addition a Subsequent Study P~tParticipant must pay a pro ortional share of administrative costs for the two near period, ending on the date it reouests participation as a Study Participant The Commission shall add to these the amount of interest those funds would have earned_ during that time period if invested in the Local A encv Investment Fund maintained by the State of California under the authority of Sections 16429.1 et sect. of the California Government Code eha- g 1 004 , + ~e-artniial iinteres~ f"Buy-in InterestD on that amount The Commission may impose additional charges it deems appropriate based on considerations the Commission deems nz~elevant including, but not limited to the time remaining for the completion of the study the contents of the study at that time and the Federal participation m the funding of the study The titotal of these amounts constitutes the "buy-in" that the member will be required to pay before it will be permitted to become a Subsequent Study Participant. hi addition, a Subsequent Study Participant must agree to any other conditions which the Commission imposes based on considerations deemed relevant by the Commission, including, but not limited to the time remainin for the completion of the study, the contents of the study at that time and the Federal partici ation in the funding of the study 2.1 The Commission shall allocate among the Initial Study Participants the funds received as a result of a buy-in in proportion to each participant's share of the matching fund payments prior to the addition of the Subsequent Study Participant. 2.2 No member may become a Subsequent Study Participant, unless all of the Initial Study Participants approve the addition of the member as a Subsequent Study Participant. The Subsequent Study Participant's Project Entitlement and the -3- commensurate adjustment of the existing Study Participant's Project Entitlements shall be determined by the Initial Study Participants concurrently with approval of the Subsequent Study Participant's participation. 2.3 A member shall become a Subsequent Study Participant, subject to the rights and obligations in this Agreement, upon approval of the Subsequent Study Participant by the Initial Study Participants, payment of the buy-in, and approval of this Agreement by the governing body of the member and execution of this Agreement by an authorized representative of the member. 2.4 Upon admission of a Subsequent Study Participant, the payment obligations of the Study Participants shall be adjusted so that each Study Participant pays an equal share of the Local Sponsor match required by the Feasibility Study Agreement. III. STUDY PARTICIPANT PAYMENT OBLIGATIONS 3.0 As long as the Commission continues as the Local Sponsor and agrees to continue making matching fund payments under the Feasibility Study Agreement, each Study Participant shall pay its proportional share of the matching fund payment. Its payment must be received by the Commission not less than ten (10) days prior to the date the Local Sponsor's payment is due under the Feasibility Study Agreement. 3.1 The Study Participants may provide "in kind services" in lieu of cash as a means of meeting cost share obligations if said in kind services are approved by the other Study Participants and the ALOE. The cash value of any in kind services rendered will be determined by the ALOE. 3.2 hi the event a Study Participant fails to make a payment as required under this Agreement, it shall forfeit its Project Entitlement. However, in the event a Study Participant elects to terminate this Agreement or defaults in the payment of its share of matching funds under the Feasibility Study Agreement, whether "study costs" or "excess study costs" as defined in the Feasibility Study Agreement, that Study Participant is not relieved of liability for any such obligations arising and forfeits the full amount of all contributions paid prior to its payment default or termination of its participation under this Agreement. 3.3 In the event of the failure of a Study Participant to pay, the resulting costs and benefits shall be shared equally among the remaining Study Participants. Those Participants may agree to a different allocation of such costs and benefits. IV. WITHDRAWAL D INSTATEMENT OF STUDY PARTICIPANTS. 4.0 Redwood Valley County Water District ("RVCWD") has terminated its 4----- Formatted: Indent: Left: 0.5' artici ation m ties A eement on 2008. It ma reinstate its -4- IV. VI. participation under this Agreement as an Initial Study Participant if it both notifies the Commission of its election to reinstate and a s the Commission a reinstatement fee b 2009 which is one year from the date this Agreement is amended by the current Study Participants The reinstatement fee is the amount the Study Participants each would have paid during the period RVCWD was not a Study na af0articipant if RVCWD had not terminated its participation under this Agreement The Commission shall add to that the amount of interest those funds would have earned during that time period, if invested in the Local Agency Investment Fund maintained by the State of California under the authority of Sections 16429.1 et seq of the California Govermnent Code If RVCWD fails to reinstate under this Section 4.0 it may reinstate under Section 4.1, below. 4.1 Subiect to Section 4.0 above in the case of RVCWD any Study Participant which terminates its participation under this Agreement to "Terminating Participant") on or before January 30 2011 may reinstate as a Study Partici ant if within twenty-faur (24} months from the effective date of its termination of this Agreement, the Termmahng ~'~'aniParticipant notifies the Commission of its election to reinstate as a Study Participant and mays a reinstatement fee. The reinstatement fee is the amount the Stud Partici ants each would have aid during the period when the Termm in Part icipant terminated its participation as a Study Participant if the Terminating Participant had not terminated its participation under this Agreement including administrative costs lus 10% simple annual interest on that amount 4.2 A Terminating Participant that terminates its participation after January 30, 28011, may reinstate its participation as a Study Participant as provided in Section 4.1; provided, however that the Commission may imposed additional charges or other requirement9M99 erminating Partici ent based considerant b the Commissut not limited o the timcoin letion of the sts of the studat hat time, icipation in the funding of the stud STUDY MANAGEMENT AND COORDINATION 54.0 The Feasibility Study Agreement requires the ACOE and the Local Sponsor to appoint a representative to an Executive Committee. The members of the Executive Committee are required to appoint representatives to a Study Management Team. All decisions of the Commission in relation to the Feasibility Study Agreement, including appointments to the Executive Committee and the Study Management Team shall be made by majority vote of the Project Entitlements, through their representatives on the Commission Board of Directors. ALLOCATION OF PROJECT BENEFITS -5- - Formatted: Font: Not Bold, No underline 56.0 Definitions - The following terms shall have the following meaning when used in this Agreement: "Project Costs" means the portion of the costs to construct a feasible project, including design, construction management and similar costs, in addition to the actual construction costs, and any other costs required to make Project Benefits available to Study Participants, including costs expended to apply and obtain approval for water rights. "Project Benefits" means additional water produced by a feasible project which is available to the Study Participants for beneficial use within the areas served by the Study Participants pursuant to the terms of this Agreement. "Project Entitlement" means the percentage of Project Costs and Project Benefits to which a Study Participant is entitled under the terms of this Agreement, or upon completion of a project, of Project Benefits only. 65.1 If no feasible project is identified at the conclusion of the Feasibility Study, then, for the purposes of this Agreement, it will be assumed that there are no Project Benefits to distribute among the Study Participants. 6-5.2 If the Feasibility Study identifies a feasible project with Project Benefits, then each Study Participant that has paid its full share of the Local Sponsor matching funds required under the Feasibility Study Agreement and that is in full compliance with its obligations under this Agreement shall be entitled to its Project Entitlement. The details of how a Study Participant or its assignee will participate in the construction of any such project and receive Project Benefits shall be set forth in a "Construction Project Agreement," to be negotiated and executed among the Study Participants at the conclusion of the Coyote Dam Feasibility Study. No Study Participant shall receive any Project Benefit, until the Study Participants execute a Construction Project Agreement. VII. OTHER TERMS AND CONDITIONS 71. ParticipantAss&nments This Agreement, and the rights, duties and benefits given in it, may not be assigned by a Study Participant without the advance written consent of the other Study Participants and the U.S. Army Corps of Engineers. However, at the conclusion of the Feasibility Study, if a construction project is determined to be feasible, a Study Participant may assign all or any portion of its Project Entitlement to another IWPC member. However, before it may do so, it must first provide written notice to the other Study Participants, offering that portion of its Project Entitlement to the other Study Participants on the same terms and conditions. If no other Study Participant agrees in writing to accept such assignment on those same terms and conditions within ninety (90) days after such -6- notice was given, then the Study Participant may assign that portion of its project Entitlement, but only on those same terms and conditions. 7.2. Term This Agreement commences on the Effective Date and shall remain in effect until the earlier of the following: (i) a determination by the parties to withdraw from further participation in the Feasibility Study before its completion, (ii) the completion of the Feasibility Study and determination by the ACOE that a construction project is not feasible, or (iii) the effective date of a subsequent agreement among the parties, including a Project Construction Agreement. Nothing in this Agreement shall be construed in any way by any signatory or any other party hereto to effect or result in any current or future change, modification, reduction, diminishment, or apportionment of any existing water rights, water rights permits, water rights applications or filings, or existing water supplies or allocations that are held by or which have been applied for by an individual member of the IWPC prior to the date of this Agreement. 7.3. Counterparts This Agreement may be executed in several duplicate counterparts, each of which shall be an original. MENDOCINO COUNTY INLAND WATER AND POWER COMMISSION By Chairwoman Date Attest: Date: Secretary of Inland Water and Power Commissioner Initial Study Participants: City of Ukiah Potter Valley Irrigation District By: By: -7- Its: ATTEST: City Clerk Its: Mendocino County Russian River Flood Control and Water Conservation Improvement District By: Its: Redwood Valley County Water District By: Chairperson Attest: By Secretary -8- SUBJECT: PROPOSED ADOPTION OF NEW RESOLUTION REPLACING RESOLUTION 87-45 GOVERNING ESTABLISHMENT OF AVIATION FUEL PRICES AT UKIAH REGIONAL AIRPORT Background: Fuel prices at the Ukiah Airport are currently governed by Resolution 87-45. Fuel prices are based on a formula that requires staff to survey Airports within 50 miles of the coast between Napa and Arcata. The only Airports in the survey area that offer full service fuel are Napa County Airport and two vendors at Sonoma County Airport. The current formula requires that aviation fuel prices at the Ukiah Municipal Airport be set not higher than 25 percent below the highest and not less than the average pump price for aviation fuel of surveyed airports. This current formula results in two different fuel prices, and both prices conflict with the stated intent of the Resolution. Discussion: Working with the Airport Commission, staff has proposed a new pricing markup that will better meet the needs of the Ukiah Airport and its fuel customers, and resolve conflicting price issues. The proposal is to establish that the markup price for full service 100LL (Avgas) be set at .95 cents above the total cost the City pays for the fuel, and that the markup price for full service Jet A be set at $2.10 above the total cost the City pays for the fuel. To provide for price fluctuations that occur in the fuel markets, the Airport Manager shall be allowed to change these marked up prices by 30% higher or lower, depending upon current market conditions. If there is a need to go lower than 30% due to the fuel market, the City Manager will be consulted, and will provide direction to the Airport Manager in writing. These new provisions will assure that the Ukiah Regional Airport is selling fuel at a price consistent with market conditions and good business practices in the aviation industry. Fiscal Impact: x I Budgeted FY 09/10 0 New Appropriation Not Applicable F7Budget Amendment Required Staff used an average of these markups when preparing 09/10 budget. Recommended Action(s): Adopt Resolution changing how Staff establishes fuel prices. Alternative Council Option(s): Provide Staff with alternate direction: Citizens advised: Airport Commission, Public Noticed Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager Attachments: 1-Resolution, 1-Resolution #87-45 Approved: - / _ Jan O'hambers, City Manager ATTACHMENT 1 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING FUEL PRICES AT THE UKIAH REGIONAL AIRPORT WHEREAS, the City of Ukiah owns and operates the Ukiah Regional Airport; and WHEREAS, the City of Ukiah provides full service retail sales of Jet A and 100LL(Avgas) fuel at the Ukiah Regional Airport ; and WHEREAS, The City of Ukiah staff has recommended a method establishing the price. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Ukiah hereby adopts the markup price for full service 100LL (Avgas) is to be set at .95 cent above the total cost the City pays for the fuel. The markup price for full service Jet A is to be set at $2.10 above the total cost the City pays for the fuel. The Airport Manager shall be allowed to change these marked up prices by 30% higher or lower depending on the current market. If there is a need to go lower than 30% the City Manager may do so in writing. PASSED AND ADOPTED this 7 day of October 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor - ATTEST: JoAnne M. Currie, City Clerk Resolution No. 2009 Page 1 of 1 RESOLUTION NO. 87-45 RESOLUTION OF THE CTTY COUNCIL. OF THE CITY OF UKIAH ESTABLISHING AVIATION FUEL PRICES AT THE UKIAH MUNICIPAL AIRPORT WHEREAS, The City of Ukiah owns and operates the Ukiah Municipal Airport, and WHEREAS, The City of Ukiah provides retail sales of aviation fuel at the Ukiah Municipal Airport, and WHEREAS, The City of Ukiah staff has recommended a method establishing fuel prices, NOW, THEREFORE, The City Council of the City of Ukiah does hereby RESOLVE: That aviation fuel prices at the Ukiah Municipal Airport be set not higher than twenty-five percent (25%) belosi the highest and not less than the average pump price for aviation fuel of those airports surveyed within fifty (50) miles of the coast, between Napa and Arcata. PASSED AND ADOPTED This 15thday of April , 1967 by the following roll call vote: AYE S. Councilmembers Schneiter, Shoemaker, Hickey, and Mayor Henderson NOES. None ASSENT: Councilmember Kier _ ATTEST: Mayor 5 11b October 7, 2009 SUBJECT: AWARD OF CONTRACT FOR THE REDWOOD BUSINESS PARK ELECTRIC SYSTEM RELIABILITY IMPROVEMENT PROJECT, SPECIFICATION NO 09-13, TO WIPF CONSTRUCTION IN THE AMOUNT OF $98,147.20. Summary: Staff is requesting the award of contract for the Redwood Business Park Electric System Reliability Improvement Project, Specification No 09-13, to the lowest responsive bidder, Wipf Construction in the amount $98,147.20. Background: This project will install electric substructures (conduit and vaults) across State Street (south of Washington Street), along Hastings Street and at the south end of Airport Road. All of the construction under this contract will be on City of Ukiah property. Overhead construction is not an option since a majority of the construction will be on or within the proximity of the City of Ukiah Municipal Airport. Currently, the commercial development along Airport Park Boulevard is being fed by a dead-end (radial not looped) 12 kV circuit. Some if not all of the commercial customers on Airport Park Boulevard could be at risk of experiencing significantly long power outages during periods of equipment failure, reconfiguring of the system for new loads, or during maintenance activities. The underground substructures will allow the Electric Utility Department (EUD) to install 12 kV underground cable looping the Cherry and Gobbi circuits eliminating this situation, thereby keeping a potential power outage to a minimum and in some cases eliminating the outages altogether. Discussion: Council approved the plans and specifications for the Redwood Business Park Electric System Reliability Improvement Project, Specification No 09-13 on August 5, 2009. Following the approval, the City distributed the plans and specifications to the required builders' exchanges, publicly advertised this project in the Ukiah Daily Journal, sent copies of the Notice to Bidders to all licensed Class A and C-10 contractors on the City's 2009 Qualified Contractors List, and posted them to the City's website. Sealed proposals were received and opened by the City Clerk on September 10, 2009. Bids were received from eleven (11) contractors. Attachment #1 details the bid results. After evaluating the bid responses, Staff is recommending award to the lowest responsive bidder, Wipf Construction in the amount of $98,147.20. If the contract is awarded, construction would be scheduled to start in mid to late October 2009. Continued on Paqe 2 Recommended Action(s): Award of contract for the Redwood Business Park Electric System Reliability Improvement Project, Specification No 09-13, to Wipf Construction in the amount of $98,147.20. Alternative Council Option(s): (1) Reject Bids; (2) Provide Staff with other direction. Citizens advised: n/a Requested by: Mel Grandi, Electric Utility Director Prepared by: Al Smatsky, Electric System Designer Coordinated with: Mary Horger, Purchasing Supervisor and Jane Chambers, City Manager Attachments: (1) Bid Tabulation Approved: fU` Ja 01 Chambers, City Manager Subject: Award of Contract/Redwood Business Park Electric System Reliability Improvement Project Meeting Date: October 7, 2009 Page 2 of 2 Fiscal Impact: Budgeted FY 09/10 0 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. 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