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Home My WebLink About2009-11-04 Packet• •fflqoRG Regular• COUNCILCIVIC CENTER 11 Seminary Avenue Ukiah, CA 95482 November 11 11 • 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Storm Water Awareness Week Proclamation & Poster Contest Award 5. APPROVAL OF MINUTES a. Special Joint Council/UVSD Minutes of October 22, 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. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well b. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Gobbi Street Water Well C. Approval Of Notice Of Completion For Manhole Rehabilitation And Sewer Pipe Lining, Specification No. 09-07 d. Award Purchase Of 10 Schneider Electric IMA Modules For Surge Protection To Maltby Electric Supply Co, Inc, For The Amount Of $6960.00. e. Notification To The City Council Of The Emergency Repair Of Sewer Line In Various Locations By Wipf Construction For A Time And Materials Amount Of $28,577.37 f. Approve Budget Amendment And Approve Amendment To Professional Services Agreement With Rau And Associates, Inc. In An Amount Not To Exceed $3,065 For Additional Design Work Related To The Preparation Of Bid Documents For South Dora Street Rehabilitation g. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status h. Report To City Council Of Staff Evaluation Regarding Participation In California Energy Commission Grant Opportunity And Possible Future AB811 Program For Ukiah i. Adopt By Resolution The Wastewater Enterprise Budget For Fiscal Year 2009/2010 Approved By Motion On October 22, 2009 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. 10. UNFINISHED BUSINESS a. Report To City Council Regarding Outcome Of FY 2008/2009 Revenues And Expenditures In The General Fund. Report On Status Of General Fund Budget For FY 2009/10, Including Modifications To Revenue And Expenditure Projections. Adoption Of Work Force Reduction Plan For FY 2009/10 To Address Projected FY 2009/10 General Fund Deficit. b. Adoption Of Amendment To FY 2009/2010 General Fund Budget To Provide Stipend For Planning Commissioners, And/Or Direction To City Staff Regarding Inclusion Of Stipend And/Or Training Expenditures In General Fund Budget C. Discussion And Direction Regarding The Process Of Compliance Of The Sewer Lateral Ordinance Testing And Inspection Requirements Based On The Relining Of The Sewer Main d. Approve Plans And Specifications No. 09-16 For Ukiah Skate Park. 11. NEW BUSINESS a. Discussion And Possible Introduction Of Ordinance Amending City Code Section 3962, Subsection B.2, Regulating How Multi -Unit Properties With Submeters Charge Tenants For Sewer Service To A Master Meter Serving Those Facilities. b. Discussion and Consideration for Ukiah Redevelopment Agency to Approve Acquisition of Real Property on Cleveland Lane for Low and Moderate Senior Housing; Ukiah Redevelopment Agency to Approve Acquisition of Real Property on Clay Street; Authorization for City Manager/Executive Director to Execute all of the Necessary Agreements; and Approval of Corresponding Budget Amendments. 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 002-255-02, 022-255-03, 001-181-05 and 001-050-11 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Unified School Dist Under Negotiation: Price & Terms d. 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 ;L�AIIILOJIIII :►11 ►'1 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 30th day of October, 2009. JoAnne M. Currie, City Clerk 3A OF THE CITY OF UKIAH NovemberStorm Water Awareness Week 00 WHEREAS, storm water runoff typically drains directly, without filtration or treatment, to the nations waterways; and WHEREAS, non -point source pollutants in storm water runoff - such as pesticides, fertilizers, oils, grease and eroded soils - have been identified as the largest single source of surface water contamination in the nation's waterways; and WHEREAS, pursuant to US Environmental Protection Agency's National Pollutant Discharge Elimination System, the City of Ukiah has implemented a Storm Water Management Program to control polluted storm water runoff; and WHEREAS, public education and community involvement vis-a-vis the minimization and control of non -point runoff pollutants is an essential component of the City's Storm Water Management Program; and WHEREAS, the Ukiah City Council desires to increase public awareness of storm water runoff issues, NOW, THEREFORE, BE IT RESOLVED that I, Phil Baldwin, Mayor, and my fellow Ukiah City Council members Benj Thomas, Mari Rodin, Douglas F. Crane, and Mary Anne Landis do hereby proclaim November I - 7, 2009 as: "Storm Water Awareness Week" Signed and sealed, this 4th day of November in the year Two Thousand and Nine. Philip E. Baldwin, Mayor CITY OF JOINT• SANITATIONUKIAH VALLEY - COUNCILSPECIAL MEETING MINUTES CIVIC CENTER 300 Seminary Avenue Ukiah, CA 95482 a .. - 11 re . 1. Roll Call The Ukiah City Council and the Ukiah Valley & meeting on October 22, 2009, the notice for whic 2009. Mayor Baldwin called the meeting to orde following Councilmembers present: Landis, Councilmembers absent: Thomas. City Staff Director of Finance Elton, Director of Public WorF Rapport, and City Clerk Currie. Sanitation Distrix Paulin, Vice -Chair Pallesen, and Chair Ronco. Director Porter. UVSD Staff present: UVSD D Clerk Clark. 2. Joint Public Hearing between the Ukiah City Council: a. Consideration and Adoption of'F • Overview of Proposed Sewer F Address Outstanding Issues • Review of ,Budget Issues not Ct a 5a initation District met at a special joint h being legally noticed on October 21, r at 6:01 pm. Roll was taken with the Crane, Rodin, and Mayor Baldwin. present: City Manager Chambers, :s/City Engineer Eriksen, City Attorney A Board present: Directors McNerlin, Sanitation District Board absent: istrict Manager Kennedy and District 10 Sewer Fund Budget Budget by City Staff and Proposal to 'ently Resolved between City and District unts and Receive Recommendations from District Manager o City/District Joint Sewer Operations Fund 612 o City/District Joint Sewer Construction Fund 611 o Sanitation District Capital Improvement Fund 650 o Sanitation District Special Fund 641 o Sanitation District Sewer Rate Stabilization Fund 642 m Joint Public Hearing to Receive Public Comment on Proposed Joint Sanitation District Sewer Fund Budgets :ussion and Action on Proposed City/District Budget for Joint Sewer ds 611, 612, and 614 and Sanitation District Funds 641, 642, and 650 City Manager Chambers and Finance Director Elton presented the item. Recommended Action(s): Adopt Proposed Budget for FY 2009/2010, 2) Defer Discussion of Disputed Items to Completion of Study, 3) Direct City Manager to Initiate Study. 1. 65/35 percentage split between sewer and water for the water/sewer maintenance crew which is fund 612-3510. Resolved. CC UVSD 10/22/09 Page 1 of 3 Councilmember Crane proposed creating a written metrics to have a good tool to work with to calculate the split from budget to budget. A 50/50 split for the 2009/2010 budget, and the 2009/2010 actual will set the percentage for 2010/2011 and this would be on going year after year; that each year's actual division of costs is the tool for determining the following year. 6:38:21 PM Recessed 7:02 pm Reconvened 7:16 pm Both City Council and UVSD Board agreed to the proposal and that a metrics could not be created that night. The District Board will participate in a binding agreement. At the next quarterly joint 'meeting a resolution will be presented that will set the metrics so that the succeeding budget is set by the determination of the field crew's previous year's operation expense. And this year's split will commence the agreement with a 50/50 baseline. 7:16:26 PM 2. Seventh Water/Sewer Attendant not currently filled. Resolved. 7:20:56 PM 3. $50,000 for undesignated engineering consultant services. Resolved. 7:34:25 PM 4. Gross Revenue Coverage shown for Funds 612 and 641. Resolved. 7:36:20 PM 5. Explanation of the additional $90,000 +/- in FY 08/09 over the budgeted allowance of $5,000 subaccount 612.3505.690. 7:37:02 PM Not part of the budget discussion. 6. District's administration expenses and Fund 612. Unresolved. MIS Rodin/Landis to: (1) approve the recommended action and change the 65/35 split for the sewer and water field crew under 612.3510. 100 to a 50/50 split for 2009/2010 budget (2) develop a written ' metrics to determine all future labor allocations of water/sewer maintenance crew expenses based on the proportion of time field crews spent in each enterprise in the previous year, e.g., the allocation of water and sewer expenses for 2010/2011 will be determined by the proportion of time the water/sewer maintenance crew spends in each enterprise in 2009/2010; and (3) disagree with the UVSD's administrative expenses being paid from fund 612. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Rodin. NOES: Mayor Baldwin. ABSENT: None. ABSTAIN: None. 7:37:25 PM 8:40:43 PM Recessed 8:44 pm Reconvened 8:56 pm UVSD M/S Pallesen/Paulin to approve the budget subject to either initiating dispute resolution pursuant to paragraph 6.2 of the participation agreement or resolution by agreement between the District and the City Council concerning the dispute of not transferring the District's administrative cost of $141,985 from fund 612 to 641. 8:56:36 PM CC UVSD 10/22/09 Page 2 of 3 3. Cl UVSD M/S Pallesen/Paulin to agree that budget details are to be worked out between Gordon Elton and General Manager Rick Kennedy and a commitment to calculate the split between sewer and water field crew for future budgets is based on the previous year's actuals. 9:01:59 PM City Clerk Currie stated for the record on March 26, 2009, the quarterly, joint meetings were set for the first month of each quarter on the second Thursday. The next quarterly meeting is January 14, 2010, 6:00 pm. Councilmember Crane, Mayor Baldwin, Directors Pallesen and Paulin, and both legal councels to attend the Ad Hoc meeting November 10, 2009, 4:30 pm at the UVSD office and examine the agreement and how administration might be allocated and to create the metric for the water sewer crew split. Public Comment None. Adjournment There being no further business, the meeting CC UVSD 10/22/09 Page 3 of 3 M - • is X" MEETING DAT City oJ- ukiah AGENDA SUMMARY -O- 7a November 4, 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. HDR Engineering has completed the plans and specifications for the pump house. They are being reviewed by Public Works Staff. Continued on Page 2 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: o Approved: Ja`6,e Chambers, City Manager ITEM NO.: 7b MEETING DATE: November 4, 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. K.G. Walters' is currently demobilizing their equipment for the site. The Gobbi Well pump house is complete. At its meeting of November 18, 2009, the emergency will be rescinded. 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: Approved: J�ri' Chambers, City Manager -ITEM N• MEETING D� 'City of Z1khafi AGENDA SUMMARY November 4, 2009 SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR MANHOLE REHABILITATION AND SEWER PIPE LINING, SPECIFICATION NO. 09-07 Background: For sewer rehabilitation work for $383,500 was approved for fiscal year 2008-2009 budget, in account numbers 614.3510.810.002, 614.3510.810.003, and 614.3510.810.004. The City Council awarded the contract for Manhole Rehabilitation and Sewer Pipe Lining on June 3, 2009 to Pacific Liners, Inc./J.F., Vacaville, CA (contractor) in the amount of $353,645.00. Discussion: The work of the contract was completed by the contractor in substantial conformance with the approved specifications on October 2, 2009. The final contract cost, based on actual quantities constructed and one approved change order was $316,841.00. 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. In addition to mobilization and traffic control, the work accomplished the rehabilitation of 50 manholes (341 vertical feet), lining 5,424 linear feet of 6 -inch diameter pipe, 928 linear feet of 8 -inch diameter pipe and 1,309 linear feet of 10 -inch diameter pipe. The terms of the Healthy Water Ways Study were taken into account in prioritizing the sewer mains and manholes for this year. In addition to cleaning and inspecting the entire sewer system in four (4) years, the City was also responsible in its settlement with River Watch to determine if human wastewater was present in the creeks. Two surface water bodies within the City, Mendocino drainage and Doolan Creek, tested positive for Bacteroides -Prevotella bacteria, the presence of which indicates direct human fecal inputs. No direct connection between the City's sewer system and the fecal matter was established. It is highly likely that the material comes from the human activity in and around the creek. In fact, City Staff has observed on numerous occasions large quantities of what appears to the human fecal matter in the creeks and on the banks. (Continued on Page 2) 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 Manhole Rehabilitation and Sewer Pipe Relining, Specification No. 09-07. Alternative Council Option(s): N/A Citizens advised: Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Ann Burck, Deputy Director of Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: 1. Notice of Completion 2. Map of Sewer Main Repair Area Approved: Jane tubers, City Manager Subject: NOC Manhole Rehab and Sewer Pipe Lining, Spec. 09-07 Meeting Date: November 4, 2009 Page 2 of 2 Even though there was no direct correlation between the sewer and what was found in the creek, the City proceeded to fix the lines to assure public health and safety, and also to replace old mains. Most of the sewer lining was done out to 200 feet. By lining these sewer mains, in addition to repairing a section of the City's sewer system, Staff was able to satisfy one of the conditions of the settlement with River Watch. This project gives the City a good beginning to rehabilitating the entire sewer system. Fiscal Impact: Budgeted FY 09/10 F7 New Appropriation ® Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 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 Manhole Rehabilitation & Sewer Pipe Relining Specification No. 09-07 of all said owners is that of fee simple. 3. That on the 6th day of October 2009, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is JF Pacific Liners, 70 Union Way, Vacaville, CA 95687. 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 sewer mains and manholes within the City of Ukiah. City Council Approval CITY OF UKIAH, a Municipal Corporation By: DATE JOANNE CURRIE, City Clerk DATE STATE OF CALIFORNIA) COUNTY OF MENDOCINO) I, JoAnne Currie, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows the content thereof and the same is true of her own knowledge. JOANNE CURRIE, City Clerk Subscribed and sworn to before me this day of , 2009. Amanda Davis, Notary Public in and for the County of Mendocino, State of California rn p Dt ALRIGHT 10 m ALl g AVE. I (n rn ALICE AVE. A S D, RAST rn LSOIJTH, ST. ST. 9mm I m O DENSVE. I 40641110a 14UMT-1y" City oaf`ilk afr November 4, 2009 SUBJECT: AWARD PURCHASE OF •DFOR PROTECTION TO MSUPPLY ALTBY ELECTRICCO, INC, FOR• OF $6960.00. Background: Submitted for the City Council's consideration and action is Staff's recommendation for the purchase of ten (10) Schneider Electric IMA surge protection modules from Maltby Electric Supply Co, Inc, for the amount of $6960.00. These units are to replace those damaged in a power outage earlier this month. The expense for these units was not budgeted for as it was not know that such an event would occur. It is anticipated that funds expended on these units may be reimbursed by insurance once the event has been further investigated. Discussion: Bids were solicited from three suppliers with responses received from all three. Maltby Electric Supply was the low bidder at the total bid amount of $6960.00 Fiscal Impact: New Appropriation Not Applicable Budget Amendment Required ® Budgeted FY 08/09 Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $6960.00 Elect. Equip. Maint & Repair 612-3580-302-004 none Continued on Page 2 Recommended Action(s): Award bid to Maltby Electric Supply Co, Inc, for the purchase of ten (10) Schneider Electric IMA Modules for surge protection in the amount of $6960.00. Alternative Council Option(s): Reject all bids and provide further direction to Staff. Citizens advised: NIA Requested by: N/A Prepared by: Andrew T. Luke, WWTP Supervisor Coordinated with: Jarod Thiele, Purchasing Technician Attachments: Bid Tabulation Approved: - Jan'Chambers, City Manager 10 Schneider Electric unit Graybar 690.73 Steven Engineering 725.11 Maltby Electric 640.00 #MA41MA24 total 6907.30 7251.10 6400.00 subtotal 6907.30 7251.10 6400.00 shipping 0.00 40.00 0.00 tax 604.39 634.47 560.00 bid total 7511.69 7925.57 6960.00' Free Freight ITEM A• MEETING DATE: NOTIFICATION TO THE CITY COUNCILOF OF LINE IN VARIOUS • • • • FOR A TIME AND AMOUNTMATERIALS OF Background: Pacific Liners was awarded the bid for the Manhole and Relining Project. During the relining process, Pacific Liners discovered that the City's cleanouts were 90 degree bends and they were unable to perform the necessary work, therefore all of the nine cleanouts needed to be reconstructed so that they could complete the Manhole and Relining Project. Discussion: Immediate replacement was necessary in order for Pacific Liners to complete the project. The equipment that the contractor must use to perform this work would not fit in the unique sewer cleanouts that exist in the City of Ukiah. Public Works staff inspected the sewer main cleanouts and determined the work plan for the emergency sewer main cleanout replacements. Wipf Construction began the replacement work on July 2, 2009. The replacement work was completed on October 9, 2009. Nine cleanouts were reconstructed at the various locations and three sewer main lines were repaired. Two of the three sewer main lines were repaired on Mendocino Drive due to offset joints and protruding laterals. The other sewer main line was repaired on Cherry Street due to it being deteriorated to the point of having almost no structural support. Most of the work by Wipf was completed in about two weeks. However, there were a few locations that had to be plated with steel plates rented from Wipf until Pacific Liners was finished with their work. Fiscal Impact: ❑ Budgeted FY 08/09 F-1 New Appropriation F Not Applicable F� Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 45,000 Sewer System Maintenance 614.3510.810.005 Continued on Paae 2 Recommended Action(s): Report to Council of the Emergency Replacement of Sewer Line and Sewer Cleanouts by Wipf Construction for an Amount of $28,577.37. Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director of Public Works-Water/Sewer Division and Dan Hunt, Water/Sewer Maintenance Supervisor Coordinated with: Jane Chambers, City Manager Attachments: 1. Invoice from Wipf Construction Approved: c- - Ja Chambers, City Manager P. O. Box 234 Ukiah, CA 95482 Phone: (707) 462-8741 Fax: (707) 462-5409 I Date Invoice # 10/14/2009 27953 Bill To City of Ukiah 300 Seminary Ukiah, CA 95482 P.O. No. Project Service Date Item Description Hours/Qty Rate Amount FIND EXACT LOCATION OF 6" SEWER CLEAN OUT COVER, BACKFILL CLEAN OUT, ALICE AVE- DIG UP SEWER LATERAL, BACKFILL CLEAN OUT, MENDOCINO & HILLCREST, DIG UP CLEAN OUTS,POUR BAK SIDEWALK BACKFILL CLEAN OUTS CHERRY & STATE STREET, PAVE- CHERRY, ALICE, MENDOCINO 7/2/09 THRU 10/9/09 Labor LABOR 16,128.60 16,128.60 Equipment EQUIPMENT 10,055.00 10,055.00 Materials MATERIAL 2,393.77 2,393.77 We appreciate your prompt payment. Total $28,577.37 y Vr DATE:FIr MEETING AGENDA 7f November 4, 2009 APPROVElGET AMENDMENT AND APPROVE AMENDMENTTO PROFESSIONAL SERVICES AGREEMENT WITH RAU AND AS •! ! AMOUNT• TO EXCEED $3,066FOR ■ •NAL DESIGN WORK RELATEDTO THE PREPARATION OF BID DOCUMENTS FOR SOUTH DORA STREET REHABILITATIO,10 Background & Discussion: On October 7, 2009 City Council awarded a professional services agreement to Rau and Associates, Inc. for the preparation of bid documents for the South Dora Street Rehabilitation project. During initial design work staff determined that additional design work related to structural section evaluation was required. Staff requested a proposal from Rau and Associates, Inc. for this additional work. Since the cost of the additional work exceeds the 10% for approved change orders, staff is seeking City Council's approval of the additional design work. The construction phase of this project will be funded by the American Recovery & Reinvestment Act (ARRA) through the Mendocino Council of Governments. Staff recommends approval of the budget amendment and approval of the amendment to the professional services agreement with Rau and Associates, Inc. for the preparation of bid documents for rehabilitation of South Dora Street. Fiscal Impact: II Budgeted FY 09/10 F] New Appropriation Not Applicable 7X Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Additional Appropriation Requested $ STP d(1) 341 341.9661.801.000 $3,065.00 Recommended Action(s): Approve budget amendment and approve amendment to the professional services agreement with Rau and Associates, Inc. in an amount not to exceed $3,065 for additional design work related to the preparation of bid documents for rehabilitation of South Dora Street. Alternative Council Option(s): NIA Citizens advised: None Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works — Engineering & Streets Coordinated with: Jane Chambers, City Manager RV Attachments: 1. Amendment No. 2 Approved:( , Janie Chambers, City Manager CITY OF UKIAH Attachment # AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED OCTOBER 7, 2009 All terms and conditions of the Agreement for Professional Consulting Services dated October 7, 2009; shall remain in force and effect except as modified by Amendment No. 1 dated October 29, 2009 and this second amendment. Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 2. Work authorized by this amendment shall include that only that work related to the structural section evaluation described in the October 29, 2009 letter from Rau & Associates, Inc. A copy of said letter is included in this second amendment as Attachment «A„ Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $3,065. N George C. Rau Jane Chambers City Manager Amendment No. 2 to Agreement for Professional Consulting Services Rau & Associates Inc. GEORGE C. RAU, P.E. PRESIDENT JAVIER J. RAU VICE PRESIDENT WALTER HAYDON, P.L.S. ROGER VINCENT, P.E. CATHY A. McKEON, P.E. CIVIL ENGINEERS - LAND SURVEYORS Mr. Tim Eriksen, Director of Public Works Mr. Rick Seanor, Deputy Director of Public Works City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482 October 29, 2009 Job Number R09135 RE: AMENDMENT #1 TO AGREEMENT FOR SERVICES FOR THE PREPARATION OF THE PLANS, SPECIFICATIONS AND ESTIMATE FOR THE SOUTH DORA REHABILITATION PROJECT Gentlemen: Rau and Associates, Inc. (RAU) was requested to provide an additional cost to 1) Design Mid -Block Bulb - outs at a Cross Walk between Washington Street and Observatory Avenue and 2) Sample and Test Five Locations along the South Dora Street Route for R -Values and Calculate the Required Structural Section. Project Description: Design of Mid -Block Bulb -outs between Washington Street and Observatory The project included design of a pair of ADA compliant ramps at mid -block between Washington Street and Observatory Avenue. Upon reflection, the City is of the opinion that "bulb -outs" to the edge of the bike lane will provide significant safety enhancement to pedestrians since they will be protected by a curb and change in appearance until they reach the edge of the bike lane where they will be much more visible to motor vehicles and bicyclists. The scope of work is increased since curb returns out to the edge of bike lane are required to be designed as well as two drainage structures to carry the gutter flow through the bulb -out. The drainage is desired to be in a channel which is readily accessible for maintenance, but is covered with an ADA compliant grate or other cover which can be removed easily for maintenance. The additional cost to perform this design and include it in the PS&E required under the agreement for services is estimated to be $1,808. Structural Section Evaluation The additional work is to sample five locations, approximately equally spaced, at approximately 300 foot intervals, over the 1800 linear feet of project. The sampling will be accomplished as scheduled repairs by City Crews at service laterals into the sanitary sewer main. City Crews will be opening up a pit to make the repair and RAU will simply coordinate its work to be available at the scheduled time to sample the underlying soil and to document the amount of base thickness at each location. The work is intended to confirm that grinding 5 -inches of existing surfacing and replacing it with 5 -inches of asphalt concrete pavement will provide for a Traffic Index (TI) of 8.0 after it is complete. Since there is no documentation as to the existing structural section, direct observation is the only way of obtaining this information. A brief letter report will be done upon completion of the analysis, with recommendations to allow the design to go forward as planned or to add additional remediation in areas where the appropriate TI cannot be achieved with the planned work. 100 NORTH PINE STREET • P.O. BOX M ® UKIAH, CALIFORNIA 95482 9 707-462-6536 ® FAX 707-463-2729 www.rauandassoc.com Mr. Tim Eriksen, Rick Seanor, October 29, 2009 Page 2 RAU will have Taber Consultants of West Sacramento perform the actual R -Value tests in their laboratory. The additional cost to perform the tasks related to the structural section evaluations is $3,065. The total additional cost for the work described as Amendment #1 is $4,873. Task -hour breakdowns are included as attachments. The total authorized not -to -exceed amount after Amendment #1 is approved will be $18,081 + $4,873 = $22,954. Schedule: The mid -block bulbouts will be included into the PS&E schedule previously agreed upon. The R -Values will be taken as the City Crew Schedule permits. If there are differences in the planned structural section and what is recommended after the evaluation, the project plans will be amended as soon as possible after the evaluation is completed. Attachment: Task -Hour Summary vs C9 ' UJ C 21908 ri °G Exp. 09-3045208 AN f'nnS Very truly yours, e, A� George C. Rau, P.E. 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C N O O a N > C Q ww LU) m c� ca L 3 CU a� r, O� d U U c° -_- 0- m S w 2 C S E '� � 0 v v� o oawm-i ccccc 0 HF-cocaiLU =a) 0aa))O N N N a) C � V U .0 V U C W 'V = 00,_ " °) li a) O w n n c o w 'c C C C t0 m 'c '� C7 MC :" "= -a fl O CAS. p N>A U U U C=.),+`''p.�U,.�U. U.CY0 -,�--� G a) U L .0 C Co - () a) N a) U) U N C O N N h Cp O a) is O N �CCQdJw_ cb1-F-1-1- 0�2:2 F -i X- 00-0000' m m a) O N CD a) rr. •' PIITEM Y DATE: SUMMARYCity q1',zjkx:ah AGENDA . SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE 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 1, 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 ,fiction: 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: NIA 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, Water and Sewer Division, Lauren McPhaul, Water/Sewer Program Coordinator Attachments: Attachment 1 — Resolution Attachment 2 — Letter to SCWA Approved: - J! %`C ambers, City Manager 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). On October 27, 2009 the County of Mendocino Water Agency discussed the current water storage situation in the Ukiah Valley. The discussion led to the consideration of repealing the County emergency order for all water purveyors to limit water usage by 50%. The Agency was not comfortable with the language in the repealing order as prepared by staff and requested staff to bring the order back for adoption at the next regularly scheduled meeting. ATTACHMENT. / RESOLUTION NO. 2009-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UIC[AH DECLARING A LOCAL EMERGENCY PURSUANT TO TIM EMERGENCY SERVICES ACT AND A STAGE I WATER EAIERGENCY UNDER SECTION 3602 OF THE UIGAII CITY CODE 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 reducM 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 ("SVVRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWXto reduce in -stream flows in the Russian River to 75 cfs from April. 6 -Tune 30, 2009 and to as low as 25 efs 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 SVV`RCB 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 may. be 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 H and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on "nonessential water -use" in a Stage H water emergency and a limit on the daily use of water by different classes of water user in a Stage IH emergency, and N 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, TMREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares a local emergency due to draught 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 D, and to report back to 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 match the available supply and to recommend a Stage H or IIT 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 Iocal 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 local 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. aldwin, Mayor ATTEST? Lid ro ity Clerk 3 April 28, 2009 61i Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. 1 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, aim 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 taking 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 Ran'ney collector and Well 43 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 #4, 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 Phone4707/463-6200 Fax#707/463-6204 Web Address: wwwc1tyofuk1ah.CDM 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 Ietter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 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, ?;e A. Chambers Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Uldah Water Use Annual Water Use MG 2009 1292.968 -11.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2% 2006/2004 2005 1223.542 -9-1% 2005/2004 2004 1345,744 Water Use (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 95.743 87.507 87.865 -10% -9% May 145.402 121.506 132.345 -16% -9% June 162.897 149.782 143.469 -8% -12% July 185.876 164.473 158,899 -171% -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 -16510 Total MG 1035.266 904.385 901.866 -23% -13% ac -ft 3280 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% -15% ac -ft 2371 1785 1982 The City ofUkiah ' Water Conservation Program 2009 The unpredictability of its water supplies and ever � 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 1. CUWKCC 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. CurnsnUy, the City's conservation program Includes the following D[NK0o: OK8D0Y,Water survey programs for single-family residential and nnolti-faWn/8/rem��'othd connections. - The City tests customer meters upon request andinstructs customers /nhow bouse their water meter bzdetermine if there /ooleak oOthe demand side o[the meter. The City provides toilet leak detection tablets tocustomers. ' O&M3.System water audits, leak detection, and repair. The City performs leak detection and repair onanongoing basis. TheQhy, also, calculates system water losses annually and reports this information bmOVVR. 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 /ecunonUvreoao/ngold olobano|n thesystem.ThanmwmatorawiUproNdeamoneaoounabsreodingof'--to'use within the Oib/ The CDxrmoonUywent through orate re-struotUdngthat iybeRwvadwill —reduce water uses in'the O88M 5. Large landscape conservation programs and inuem§ves. The City's Planning Department revk*ms all landscape plans proposed hornewdoYeopnnen1a. 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 regbiar 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 website 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. Door 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 B. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools fours 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 Tall 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 Assoclatio, n (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place an the water system. DMM 12. 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 conserveflon program includes the efforts of the Conservation Coordinator and all staff. DIVIM 13. Water waste prohibition. The City has adopted regulations that state in part: "Whore negligent orwasteful use ofwater exists onacustomer's premises ... the City may discontinue bhsaanvice'.."kC/b/K4unkdpa|Code �4�b�7.SeoUon8571)'The CK��customers wasteful practice and asking for correction. |fthe condition kanot corrected within fiwodays after the written notice, service may bediscontinued ifnecessary. DK88Q14~Residential DLFT replacement programs. Since October 1SB2.the sale oftoilets using more than 1.8gallons �per flush has been prohibited byGbteand Federal naQu|aDone'These nagu|aUonoonaenfonoodinthe City. 11. Additional Water Conservation Measures |naddition tothe DK8Mo.the City has also taken the following actions: 1. Installation offive waterless urinals inthe Ukiah Civic Center hzsupport and promote the use of waterless urinals in all City facilities and /nthe public sector. The use of these urinals has received very positive feedback from Facilities staff who would like to install these inthe Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County VVatarAgoncy,the Russian River Public Water Aoenoioo.and the Water ~ 3. The Ukiah City Council adopted the AhwahnaoWater Principles onApd|4.3OO7. The Principles contain ideas for protecting andenhonc|ngwabar|ib/ improving ter availability, making more efficient use of water, and conserving water as a scarce '~~~~'~~' The Principles suggest ap/vve*wfor improving decision-making ee(timpacts wahepreletedksoUoo' 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 navonuo utility. Atiered indin' block n�oo�� ucnoand excess use charge are being evaluated bzonoounsevvater � The City has submitted a pre-applicafion to the State Water Resourdes; Control Board '9tate 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: 0 Installation ofwaterless urinals and dual flush toilets in all City " Sign the Qyb�mm�Urban VVo�rOonsenx��nCoundyaP� Mer - 'Undenabo'd-'' '= RegardingWater ° Water efficiency standards for new single -family development (long term) = Water-efficient landscaping (long term) = Water waste ordinance prohibiting: /hnmediaba 1. outterflomdinQ 3. coomashfUndnaismns ' 3' non-raoyo|ingdecorative water fountains ' 4. breaks orleaks inthe water delivery system ° Incentives Retrofits (long be l. low flow shower heads 2. toilet displacement devices B. toilet flappers 4. faucet aerators 5. high efficiency washing machines . A% ITEM NO.: 7h MEETING DATE: November 4, 2009 City a -f Ukiah AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL OF STAFF EVALUATION REGARDING PARTICIPATION IN CALIFORNIA ENERGY COMMISSION GRANT OPPORTUNITY AND POSSIBLE FUTURE AB811 PROGRAM FOR UKIAH Discussion: City staff has been contacted by the Director of Program Development at the Renewable Energy Development Institute, (REDI), an educational and scientific non-profit organization located in Willits. The purpose of the contact was to share information with City staff regarding application for a grant from the California Energy Commission (CEC) that would provide funding for establishing a Municipal Financing District (MFD) to set up an AB 811 program. Council may recall previous discussions regarding a possible AB 811 program; one in particular discussed the feasibility of Mendocino County Organization of Governments ( MCOG) taking the lead on establishing such a program. AB 811 is legislation that provides California counties and cities the ability to form a contractual assessment program to provide loans for the installation of solar panels, energy efficiency and water conservation improvements to interested property owners. The loans are paid back over time through assessments collected on the property tax bills. The loan becomes part of the title of the property and if the property is sold, the loan becomes the responsibility of the new owner and payments continue according to the payment schedule. City staff, including the Economic Development Coordinator, Finance Director, City Manager, and the Director of Electric Utility have worked together to evaluate if the City of Ukiah should apply at this time for such a grant. At first it appeared that the City's efforts to apply for such a grant could be limited to minor administrative details, with REDI taking the lead. However, upon further investigation into the process, city staff has identified a number of questions and key areas where significant staff time and attention would be necessary in order to successfully launch a program at this time. Although there are many benefits that could be brought to the residents of Ukiah through such a program, the upfront costs for time and funding of the program would be extensive, in addition to the grant funds, if approved. The City of Ukiah would need to fund the loan program up front, with at least $1 million dollars. Oversight and establishment of a program would require significant time of the Finance Department, in addition to efforts by the Economic Development Coordinator, City Manager, and others, even if REDI provides the grant application. At this time, all of these parties lack capacity to undertake establishment of a significant new program, due to the current work load of obtaining a new financial software package, the on-going financial and budgetary issues, and capital improvements work load for the electric utility department. Recommended Action(s): City Council receive report. Alternative Council Option(s): City Council provide alternative direction to City staff Citizens advised: Requested by: Renewable Energy Development Institute Prepared by: Cathleen Moller, Economic Development Manager Coordinated with: Jane Chambers, City Manager, Mel Grandi, Electrical Utility Director and Charley Stump, Community Development Manager Attachments: None Approved: a e Chambers, City Manager Given the lack of capacity at this time for a program to be set-up and administered, City staff recommends to the City Council that the Economic Development Coordinator continue to work with third party providers to see if Ukiah residents can become eligible for programs that are already being established in the region. City staff will pursue contacts with the County of Sonoma and with other entities establishing such programs to see what opportunities there may be for extending these programs to Ukiah residents. This process may entail the City making a contribution to the funding, but avoiding the addition of a significant new program work load. City of Ukiah residents currently have access to the CDBG rehabilitation funding for housing, if they meet income guidelines, and can utilize those funds for energy retrofits and other improvements to property. There also continues to be home equity loans and other instruments to assist homeowners who want to do solar and other installations, where there is adequate equity. ITEM NO.: 7i MEETING DATE: November 4, 2009 Background: After multiple committee meetings and workshop sessions reviewing and discussing the Wastewater enterprise budgets for fiscal year 2009/2010, the City Council met with the Ukiah Valley Sanitation District Board of Directors in joint session on October 22, 2009. At the culmination of the budget discussion, the Council adopted the fiscal year 2009/2010 budget by motion. Historically and traditionally, budgets are adopted by Resolution. Resolutions provide a mechanism for historical documentation of the action taken that is not available for actions taken by motion alone. Therefore staff has prepared the attached resolution for Council consideration and action. Discussion: The budgets included in the Wastewater Enterprise are: Fund Title Proposed Expenses Adopted Expenses City Budgeted Funds Cit /District Joint Operating Budget #612 4,159,055 4,063,730 Cit /District Sewer Construction Fund #611 4,531,200 4,531,200 Cit /District Sewer Capital Projects Fund #614 1,140,000 1,140,000 City Capital Improvement Fund #620 -0- -0- City Sewer Rate Stabilization Fund #622 -0- -0- Total City Wastewater Enterprise Expenses 9,830,255 9,734,930 The Council and Board agreed to change the allocation of the Water/Sewer Field crew from a 35/65 distribution to a 50/50 distribution. In addition to the expenses, there are various transfers between funds identified in the budget documents attached to the proposed resolution. The amounts of the transfers were modified to implement the effect of the reduction of expenses in the adopted budget. The District Special Fund #641 records the revenue generated by District customers and then records a payment to the City/District Joint Operating Fund #612 for the District's share of the joint expenses. The District's share of the joint operating expenses is effectively shown in two places: the District's Special Fund #641 and in the City/District Joint Operating Fund #612. This is also true on the revenue side of these funds. Therefore if Continued on Page 2 Recommended Action(s): Adopt by Resolution the Wastewater Enterprise budgets for Fiscal Year 2009/2010 Alternative Council Option(s): Not adopt the proposed Wastewater Budget Resolution Citizens advised: UVSD General Manager Requested by: Gordon Elton, Finance Director Prepared by: Gordon Elton, Finance Director Coordinated with: Jane Chambers, City Manager Attachments: Resolution with Budaet Schedules attached Approve . y e Chambers, City Manager Subject: Adoption of a Resolution for the Wastewater Budget Resolution for Fiscal Year 2009/2010 Meeting Date: November 4, 2009 Page 2 of 2 the expenses or the revenues of all the District's Funds and the City/District Funds are totaled, the result overstates the revenue and expenses by $3,692,577. The District's separate Funds are: Fund Title Proposed Expenses Adopted Expenses District Budgeted Funds District Special Fund #641 3,901,716 3,856,437 District Capital Improvement Fund #650 292,854 292,854 District Sewer Rate Stabilization Fund #642 -0- -0- The Council and District Board did not resolve the question of payment of the District's administrative/operational expenses from the Joint Operating Fund #612. Both entities must agree for this to occur. Therefore, these budget documents include the District's administrative/operational expenses in the District's Special Fund #641. Staff recommends adoption of the proposed resolution to document and confirm the action taken by motion on October 22, 2009 which approved a budget for fiscal year 2009/2010 for the City's Wastewater Enterprise. 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 z4:6*11101IM01101 • 1J' BE IT RESOLVED by the City Council of the City of Ukiah, State of California, that the Budget for the City of Ukiah Sewer Funds for the Fiscal Year beginning July 1, 2009, and ending June 30, 2010, is hereby adopted with expenditures summarized as follows: Fund Title Proposed Expenses Adopted Expenses City Budgeted Funds Cit /District Joint Operating Budget #612 4,159,055 4,063,730 Cit /District Sewer Construction Fund #611 4,531,200 4,531,200 Cit /District Sewer Capital Projects Fund #614 1,140,000 1,140,000 City Capital Improvement Fund #620 -0- -0- City Sewer Rate Stabilization Fund #622 -0- -0- Total City Wastewater Enterprise Expenses 9,830,255 9,734,930 PASSED AND ADOPTED this 4t" day of November, 2009, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip E. Baldwin, Mayor ATTEST: JoAnne M. 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CD C� tD O EO Z: 'o Frt Ul: (D Gt X x CD w Yi M E a) a -g =) — > :m MO tn Z UJ LLJ CL x': x ul w 0 C ca C%j LO LLC} co C\T C6 CQ CQ 0 C14 0 LO LO 00 Cf) CC) 0 0 Ci co to 0 0 0 0 0 0 C5 0 0') 'IT C14 r 'IT 0 LO WOWWN—Ito -a .o , co I , LO co to CD U- LL LL U- NO- 40- 40- -F - I]-- F- FH At, FETING DATE: 11/4/2009 SUBJECT: REPORT TO CITY COUNCIL REGARDING OUTCOME OF FY 2008/2009 REVENUES AND EXPENDITURES IN THE GENERAL FUND. REPORT ON STATUS OF GENERAL FUND BUDGET FOR FY 2009/10, INCLUDING MODIFICATIONS TO REVENUE AND EXPENDITURE PROJECTIONS. ADOPTION OF WORK FORCE REDUCTION PLAN FOR FY 2009/10 TO ADDRESS PROJECTED FY 2009/10 GENERAL FUND DEFICIT. Background: This staff report will address three major items for City Council consideration with regard to the status of the City of Ukiah General Fund. The first item to be discussed under this ASR is the outcome of FY 2008/2009. Year end figures for FY 2008/2009, both revenues and expenditures, are now complete, subject to audit adjustments. The second item to be discussed will be the status of revenues and expenditures in the General Fund for FY 2009/2010. The third item to be discussed will be the City Manager's recommendation for adoption of a Work Force Reduction Plan for FY 2009/2010 to mitigate the projected deficit for this current year and to lower expenditures in the General Fund for FY 2010/2011. The City Council adopted the FY 2009/2010 General Fund budget in June 2009. At the time of adoption, several assumptions were made in the budget with regard to further projected decline in sales tax revenues, receipt of stimulus grant funds for police officer retention, and use of one-time interest earning funds to offset deficit spending projected for the FY 2009/2010 year. Discussion: Item (1): The City Council adopted a FY 2008/2009 General Fund budget in July 2008. That budget projected $13,633,579 in Revenues, and $14,306,570 in Expenditures. The City Council directed the City Manager to report back to the City Council on efforts to reduce expenditures to mitigate the Continued on Paae 2 Recommended Action(s): (1) The City Council Acknowledge receipt of the status report for Revenues and Expenditures in the General Fund for FY 2008/2009. (2) The City Council Approve modifications to Revenue and Expenditure projections for the General Fund FY 2009/2010 budget, as shown on attached Exhibit A. (3) The City Council direct the City Manager to implement the Work Force Reduction plan as outlined in this ASR in order to mitigate the deficit currently projected FY 2009/2010. Alternative Council Option(s): (1) The City Council Acknowledge receipt of the status report for Revenues and Expenditures in the General Fund for FY 2008/2009. (2) The City Council Approve modifications to Revenue and Expenditure projections for the General Fund FY 2009/2010 budget as shown on attached Exhibit A. (3) The City Council reject the proposed Work Force reduction plan, and/or provide direction to the City Manager with regard to any other steps to be taken. Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Gordon Elton, Finance Director Attachments: 1) Combined Public Safety and General Fund Summary, 2) Status of General Fund, 3) Status with Proposed Work Force Reduction, 4) Workforce Layoff f, Approved: J e Chambers, City Manager Subject: Budget Outcomes and General Fund Status Meeting Date: November 4, 2009 Page 2 of 4 projected deficit of $872,991 for that fiscal year. As we all are aware, the economic meltdown experienced in the Fall of 2008 began to reduce City revenues in the General Fund, and appears to be continuing to do so a year later. The City Council took measures early in 2009 to address the reduced revenues for the fiscal year by approving staff recommendations for work force reduction and other savings. The following steps were taken: 1). With the timely and helpful cooperation of all labor units, a 5% salary reduction was put into place. Lay- offs were made to four filled positions. Eight part-time seasonal positions were eliminated. 2). Five full time vacant positions were eliminated, which were three police officer positions, one firefighter, and one Risk Mgmt/Budget Officer position. 3). Expenditures were reduced for the remainder of the year by careful oversight of each Department Director. 4). An additional police officer position became vacant, and was subsequently eliminated from the 2009/2010 budget, making a total of four police officer positions eliminated overall. Results: These efforts resulted in savings of $731,464 to the General Fund. Revenues for the year dropped $550,612 from the previous year. Through the actions taken to address the downturn, the General Fund deficit for FY 2008/09 was limited to ($415,000). Had actions not been taken, the deficit amount for FY 2008/09 would have exceeded $1.1 M. Item (2): At the time of adoption of the FY 2009/2010 General Fund budget, City staff advised the City Council of assumptions that were included in the budget preparation. The budget was prepared in accordance with the Budget Guidelines adopted by the City Council in February, 2009. The budget included an assumption of receipt of COPS Stimulus grant funds for Five Police Officer positions, and the assumption that one-time interest earnings in the amount of $355,000 would be used to off -set the deficit projected for FY 2009/2010. The budget itself reflected numerous cost reduction efforts and re -organization of business operations made by the collective efforts of management and staff. The City Council approved a General Fund budget for FY 2009/2010 that included savings of over $1 M from the original request for FY 2009/2010. These savings included savings from work force reductions made in FY 2008/09. The City received approval for only one of the five Police Officer positions requested. The Finance Director has revised revenues based on actual cash receipts for sales tax revenues. Although the reports are not in yet for the period July through September 2009, the receipts appear to indicate a further erosion of sales tax revenue at about a 15% decline for the similar period a year ago. Revenues for FY 2009/2010 are now projected at $12,210,359, with Expenditures at $13,699,480. If nothing is done to mitigate this deficit, there will be a deficit of $1,489,121 for FY 2009/2010. This amount could be reduced by application of the one- time interest earnings of $355,000 as originally adopted for the FY 2009/2010 budget. However, the City Manager is recommending that these funds be used in another manner, as contained in the Workforce Reduction Plan item E below. This projected deficit for FY 2009/2010 is coupled with a currently projected deficit of at least $1.5M for FY 2010/2011. If nothing is done to address expenditures, the City will completely exhaust its General Fund reserve well before June 2011. Item (3): One of the most difficult issues presented for the City in this fiscal crisis is the fact that 78% of the General Fund's expenditures are for payroll. Over $10.6 M of expenditures are for the work force, leaving only about $3M for operations. By the math alone, it is unlikely that the City could reduce expenditures by half in operations to preserve its ability to retain the current work force. Even if this were somehow managed, it is unlikely that such a cost reduction for operations could be sustained over time. Subject: Budget Outcomes and General Fund Status Meeting Date: November 4, 2009 Page 3 of 4 Over the course of the summer and fall, the City Manager has been in conversation with labor unit representatives with regards to further reduction in salaries as a means to address a portion of the deficit issue. The outcome of these discussions has not indicated a means by which labor and management can go forward to reduce the amount of expenditures necessary to address the deficits. Given the fact of reduced revenues forecast for the next several years, the City Manager has concluded that the most prudent action to take at this time is further work force reduction, and recommends that the City Council adopt the following work force reduction plan for FY 2009/10. This plan includes three essential elements with five major work steps: (1) Work Force Reduction A. Work Force reduction to take place as of February 2010. The City Manager has prepared a list of positions that will save the General Fund between $500,000 and $678,000 in the five month period between February and June, 2010. Attachments #3 and #4 show the impact of these proposed reductions. Positions to be eliminated have been chosen by the City Manager and were selected based on the most mathematical reduction value to the general fund. General Government lost four full time equivalents (FTE) in 08/09, and was further reduced through reorganization in the FY 2009/2010 budget. Fewer positions were available in General Government meeting the criteria for reduction value as a result. To implement this reduction, positions currently targeted for elimination are: General Government 1 FTE, 1 PT Public Safety 7 FTE Public Works 4 FTE Community Services 5 FTE, 3 or more PT Total 17 FTE, 4 or more PT B. In November, the City Manager will meet with affected labor units and other affected parties to discuss work force reduction and plan for any mitigations and changes necessary as a result those reductions. Labor units do not need to agree to the work force reduction, but they must be notified and the impacts on other unit members discussed. A final list naming positions will be presented to the City Council for its approval at the meeting of January 6, 2010, with lay-off notices issued to employees the following day, and effective as of Friday, February 6, 2010. (2) Golden Handshake and Vacancies: C. City employees have all received notice of an offer of "Golden Handshake" for employees who are eligible and may consider retirement with 2 years additional credit. The City Council will be acting upon initiating the process for "Golden Handshake". The window for these retirements will occur, if the process moves as anticipated, during February through June, 2010. D. Between now and January 2010, ,the City Manager will finalize a list of work force reductions to achieve as much savings as feasible, using any projected savings from proposed retirements and vacancies, to mitigate lay-offs as much as possible. Any significant improvement in revenues projected will also be used to mitigate work force reductions, although neither the City Manager or Finance Director anticipate that revenues will improve to the extent necessary to allow the City to go forward with the current staff numbers. Revenues would have to improve by more than 10% to begin to balance the gap that currently exists between revenues and expenditures in the General Fund. Subject: Budget Outcomes and General Fund Status Meeting Date: November 4, 2009 Page 4 of 4 (3) Use of One -Time Funding to Ease Transition: E. The City Manager recommends that the one time interest earning funds of $355,000 that were to be applied to reduce the deficit for FY 2009/2010 instead be used in another way. The work force reduction will relieve the General Fund of significant on-going obligations to payroll, thereby contributing to immediate cost reductions in the General Fund. However, it is anticipated that some of the services impacted by the work force reduction could be delivered by alternative means and would not need to be eliminated altogether, and that some of the work force reductions may result in residual costs to the City. The City Manager recommends that the one-time interest earnings funds be used selectively to offset costs, at least initially for the remainder of the fiscal year between February and June 2010. The City Manager is also recommending that a portion of these funds be used to pay for the management analyst assistance necessary to assist staff in re -working business operations to achieve greater efficiency and effectiveness. By using the funds this way, the City can proceed to eliminate significant on-going obligations while at the same time, using one-time funds to mitigate the initial impacts of service elimination and to provide the business analysis necessary to revise business practices to continue services by another means. Using the one-time funds in this manner may achieve the best long-term benefit to the organization other than using the funds to basically underwrite costs that are essentially unaffordable at this time. Although taking action to further reduce the City's workforce is extremely difficult for all concerned, it is the strong recommendation of the City Manager that these steps be taken in order to assure the sound fiscal future of the City of Ukiah. Without a sustainable financial and business plan, the City cannot assure services for its residents. It appears prudent in the face of continued down -turn in revenues, to down -size the work force to a level compatible with the resources forecast over the next few years. The sooner that these steps are taken, the sooner the organization and community can adjust and move forward for the work at hand. Once the work force reduction is completed, the City Manager and Management Team can focus energy on developing the FY 2010/2011 budget, complete with review of business operations and any further re- organization necessary to achieve the most efficient and effective local government services within the limits of the funds currently available to the organization. The Work Force Reduction as recommended will not cure all of deficit faced for FY 2010/2011, but should provide enough immediate relief in expenditures to allow for careful deliberation and evaluation of any further reductions necessary to achieve a balanced budget or nearly that, for the FY 2010/2011 year. Fiscal Impact: Budgeted FY 09/10 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested �+DA Vl z D U. 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ATTAcHME�►T 0) r O r c c O r 00 V o d T- r O I;t CD G) LO i LL O Cli O or) r LO L O p N N N O r O N LLL 60- CD c`? .-. r r N r `p N O 00 O c J O ® N >- r r 69 U L- 0 O H L O to E R O O O =3 C -p C CCT la) 0 C.0Q 691 W m rn m I- V- 7-7 1 Quarterly Sales Tax by Calendar Year $1,200,000 $1,150,000 --- - -- --- -- __. $1,100,000 -------- - �__ 4th Qt $1,050,000 3rd Qtr $1,000,000 1st Qtr $950,000 2nd Qtr $900,000 fistQ -- — _ 3rd Qtr $850,000 4th Qtr -----•-�--------- -- -- - Estimated Estimated <-Estimated $800,000 - -• $750,000 $700,000 2005 2006 2007 2008 .2009 Sales Tax Revenue Quarter 3rd & 4th Qtr 2009 estimated 1,100,000 1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr x-2005 2006 —e-2007 2008 2009 To: Jane Chambers, City Manager From: City of Ukiah Management Unit David Willoughby, Chairperson Greg Owen, Vice Chairperson Rick Seanor, Secretary -Treasurer CG: Ukiah City Council Members Date: November 4, 2009 Re: Salary savings Since our units meeting on September 21, 2009 with Melody Hams, Human Resources Director and the City s negotiator, the City of Ukiah Management Unit has been actively meeting and discussing options regarding potential salary savings for the City. Our unit is committed to helping the City through this period of financial difficulty. Last April, the management unit expressed its willingness to help the City through a furlough which resulted in a 5% salary savings for the last 3 months of FY 2008-2009. To address the current crisis, management unit members are again proposing salary savings through a furlough with or without closure of City Hall. In voting for a furlough, management unit members indicated their support for a furlough contingent upon receiving similar support for a furlough or equivalent savings from the other units. Furloughs will provide added benefits to the City through cost savings and maintaining good employee morale in difficult budget times as employees are asked to do more with less while providing the best possible services to the public with the resources available. Furthermore, each furlough day taken by an employee will: 1. Eliminate one day of driving to work (vehicle wear and tear and fuel costs which can be significant for employees who commute. An added benefit would be reducing greenhouse gases). 2. Eliminate the cost of one day of day care for employees with young children. 3. Allow an additional day to find and perform additional work for pay thus supplementing the family income (outside work as approved by Department Head or Supervisor if required). 4. Allow employees additional time to spend with their family which is important and something which this City has strongly supported in the past. In addition to supporting a furlough as a means of reducing the City s expenses and thereby helping to balance the general fund, the management unit has some other alternatives for cost savings which it would like to bring to the table for negotiations. The management unit is interested in continuing negotiations and resolving methods for cost savings. However, we do not support the proposal for work force reductions. O Idsm ITEM P"jr MEETING DATE: AGENDA SUMMARY REPORT 1e November 4, 2009 SUBJECT: ADOPTION OF AMENDMENT TO FY 2009/2010 GENERAL FUND BUDGET TO PROVIDE STIPEND FOR PLANNING COMMISSIONERS, AND/OR DIRECTION TO CITY STAFF REGARDING INCLUSION OF STIPEND AND/OR TRAINING EXPENDITURES IN GENERAL FUND BUDGET At the City Council meeting of October 21 the City Council discussed reinstatement of the Stipend for the Planning Commission. In past years, a stipend of $6,000 has been provided for Planning Commissioners which had been broken into increments of $50 per meeting per Commissioner. This stipend was eliminated from the 2009/2010 FY Budget as a cost savings measure. If the City Council would like to reinstate the stipend, it could be done by budget amendment adding an additional $6,000. A part of the October 21, 2009 Council discussion included suggestions that the Council use portions of its travel budget to offset the stipend cost. Finance Director Elton notes there is $1,644 remaining in the City Council's travel budget. Council members expressed interest in assuring that Planning Commissioners have access to training opportunities, and use of Council travel funds could allow Planning Commissioners training opportunities. An alternative to reinstatement of the Planning Commission stipend, or use of current Council funds, could be to instruct City staff to include a training budget for the Planning Commission in the FY 2010/2011 Budget preparation. This training budget could identify specific training opportunities for the Commissioners in that fiscal year. This is one way that the concerns about providing adequate training opportunities for Planning Commissioners could be met without reinstatement of the stipend. Should it choose, the City Council could also direct staff to reinstate the stipend, in addition to a training budget, as part of the FY 2010/2011 expenses. In the current year, the Planning Commission is being exposed to training through a number of venues. The Commission is receiving background and process information on a number of items, including extensive information on the downtown code process, and will be receiving detailed information on the CEQA process as well. The Commission also receives education materials supplied by the Director on a routine basis. Recommended Action(s): Direct City staff to include a training budget with specific training opportunities outlined as part of the FY 2010/2011 General Fund budget preparation. Alternative Council Option(s): Approve a budget amendment reinstating a stipend for the Planning Commission at $6,000 or another sum as directed by the City Council. Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Gordon Elton, Finance Director, Charley Stump, Director Community Development Attachments: Approved: Jai . Chambers, City Manager Fiscal Impact: FIBudgeted FY 09/10 1-1NewAppropriation Not Applicable � Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 100.1501.250 $6,000.00 .,fir • Ir7 ' MEETING DATE: AGENDA SUMMARY REPORT 10c November 4, 2009 SUBJECT: DISCUSSION AND DIRECTION REGARDING THE PROCESS OF COMPLIANCE OF THE SEWER LATERAL ORDINANCE TESTING AND INSPECTION REQUIREMENTS BASED ON THE RELINING OF THE SEWER MAIN BACKGROUND: Submitted for the City Council's discussion and direction is staff's recommendation on the proposed process to be followed for adhering to the Sewer Lateral Inspection, Testing, and Repair Program (Program) as a result of the sewer relining project that was completed this fall. The Program was adopted by ordinance in February 2008 as an alternative to the previously adopted "point of sale program". Staff is recommending that the first step is to identify, at the cost of the City, how many and which laterals need to be replaced DISCUSSION: The Program is triggered when sewer mains to which the lateral is connected are repaired or rehabilitated. There are also other triggers. When the Program is triggered, the property owner who also owns the lateral is required to have the lateral tested within a year of the triggering event. If the lateral inspection proves that the lateral is sound, the property owner is issued a certificate that is recorded with the Mendocino County Recorders Office. If the inspection indicates that the lateral is not sound, then the property owner has two years to replace the lateral and have it re -inspected. The triggering event for this discussion was the "MANHOLE REHABILITATION AND SEWER PIPE LINING, SPECIFICATION NO. 09-07". This project is scheduled to have its notice of completion approved at this Fiscal Impact: Budgeted FY 08/09 ❑ New Appropriation 1XI Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $441,000 Sewer Capital Projects 614.3510.810 Continued on Paae 2 Recommended Action(s): Direct Staff to: 1) Obtain bids for the cleaning, testing and CCTV of sewer laterals affected by the sewer main relining project 09-07 2)Present bids to the City Council with a recommendation for funding and a schedule of work completion as well as a sample letter to be sent to all affected property owners notifying them of the service. Alternative Council Option(s): Provide alternative direction to staff Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager Attachments: none Approved:r Jt# Chambers, City Manager Subject: Discussion And Direction Regarding The Process Of Compliance Of The Sewer Lateral Ordinance Testing And Inspection Requirements Based On The Relining Of The Sewer Main Meeting: November 4, 2009 Page 2 meeting as part of the consent calendar. This would cause the notice to be filed on November 5, 2009 which would cause all property owners whose laterals are connected to these sewer main lines to be inspected no later than November 5, 2010. In order to test a lateral, a contractor must clean, test and CCTV the line. The cost of this procedure varies based on the condition and length of the lateral. However, it is estimated that a "standard test would cost approximately $300. Currently it appears that there are approximately 130 properties that have laterals connected to the affected sewer mains. This would be a total of $39,000 for customers on an individual basis. Staff suspects that if the City bid the work, the City could get a unit price per foot of inspection, and the economy of scale could reduce the cost for each individual inspection. City staff recommends that the City undertake the inspections and bid the work on a linear foot basis, and that the City absorb the cost of the inspections as part of its operations of the sewer enterprise. Property owners would need to cooperate and allow the inspections to take place on their private property. A notice could be mailed to property owners requesting their cooperation with scheduling of inspections. Once the tests were performed, staff would more clearly be able to quantify the magnitude and the number of laterals that will need to be replaced. These tests would also identify the location of the failing lateral that may provide an opportunity for multiple replacements at one time. Staff estimates that all of the inspections could be completed by Spring of 2010. When testing is completed, staff will know the condition of the laterals for every property to which owners granted access for inspection. Once the number of repairs is known, letters can be mailed to property owners outlining their responsibility for repairs. Sources of assistance to homeowners can be identified, including use of the current grant program funds in Fund 614. Other sources of funding for assistance may be identified depending upon the number of laterals that will need to be addressed. t. ITEM NO.: iod op- MEETING DATE: November 4, 2009 city qj-,ukiah AGENDA SUMMARY REPO?.,T Background & Discussion: In 2005 the City of Ukiah was awarded a $500,000 competitive grant from the State of California Department of Parks and Recreation for the development of the Ukiah Skate Park. The scope of the grant for Ukiah Skate Park Development Project includes the following components: • 20,000 square foot skate park consisting of a self-contained concrete structure with bowls, ramps, rails and other features common to such parks. ® Landscaped park encompassing the skate structure. • Additional amenities include seating, picnic facilities, restrooms, and parking enhancements. As a requirement of the grant, the City must raise at least $214,857 in matching funds. The match can include monetary/material donations and volunteer labor/equipment. To date, the Ukiah Skate Park Committee has raised $232,787 and secured various labor/material donations including irrigation materials and trees from Mendocino ReLeaf. In addition, the City currently has $58,333 in per capita park funds dedicated from the County on behalf of Supervisor Wattenburger along with an additional $50,000 Prop 40 funds for a restroom facility. Based on the current engineer's estimate, it appears that this project is underfunded by $150,000. Staff recommends moving forward with the bid process to see if the project benefits from the current market conditions contributing to bids lower than engineer estimates, and to allow the City Council an opportunity to fully discuss options to either proceed with the project and/or retain the plans for some future funding if it is determined that funding over and above the current allocation is not available. The scope of work and technical specifications for this project were developed by Wormhoudt, Inc and attached to the Request for Bid. The plans and specifications no. 09-16 for Ukiah Skate Park are available for City Council and public review at www.cityofukiah.com website and at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Recommended Action(s): APPROVE PLANS AND SPECIFICATIONS NO 09-16 FOR UKIAH SKATE PARK. Alternative Council Option(s): (1) Reject Approval, (2) Provide Staff with other direction. Citizens advised: iah Skate Park Committee Requested by: n/a Prepared by: Guy Mills, Project & Grant Administrator Coordinated with: Mary Horger, Purchasing Supervisor Attachments: Bid Document and Specifications Approved: Ja1Ve Chambers, City Manager Subject: Meeting Date: Page 2 of 2 With approval from City Council, the Request for Bid will be noticed and released immediately. A start date for construction can be estimated for early January 2010. Fiscal Impact: Budgeted FY 09/10 7 New Appropriation Not Applicable F-1 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $714,286 Park Development Skate Park 140-6050-800-005 $0 City aJ ukzczh ITEM NO.: 11a !Z -0- November 4, 2009 SUBJECT: DISCUSSION AND POSSIBLE INTRODUCTION OF ORDINANCE AMENDING CITY CODE SECTION 3962, SUBSECTION B.2, REGULATING HOW MULTI -UNIT PROPERTIES WITH SUBMETERS CHARGE TENANTS FOR SEWER SERVICE TO A MASTER METER SERVING THOSE FACILITIES. SUMMARY: On June 3, 2009, the City Council adopted an ordinance regulating how the owners of Multi - Unit Properties (mobile home parks and apartment complexes) charge tenants for water and sewer service provided by the City through a master meter serving those properties. That ordinance in Section 3962, subsection 13.2 contains a formula for pro -rating the City charges for sewer service among tenants in mobile home parks or apartment complexes that have installed submeters. That formula allows the owner to pass through to the tenants 100% of the city charges based on the submeter reading for each tenant. The ordinance became effective July 3, 2009, and began affecting tenants in Harold Square Mobile Home Park in August. As reported in a September 14, 2009, letter from William Nicolette, 41 tenants saw a decrease in their charge for sewer service and 16 tenants saw an increase. Prior to the August bills, tenants at Harold Square were all paying about $65 per month. In August, the lowest bill to a tenant was $5.51 and the highest bill was $201.42. For those tenants with an increase, the monthly bills went up by more than $100. The park owner and Lisa Hillegas from Legal Services of Northern California, representing one of those tenants, indicated the inequality resulting from the ordinance was imposing an undue hardship on the tenants whose bills had gone up. Both Ms. Hillegas and Mr. Nicolette blamed the harsh increase on the requirement in the ordinance that each tenant pay a pro -rata share of the entire City sewer bill based on the tenant's submeter reading. Mr. Nicolette says that a substantial amount of water passing through the master meter is lost through leaks in the mobile home park's water distribution system and is not used by the tenants. This accounts for the substantial difference in the amount of water measured by the master meter and the total of the submeter readings. They both suggested that since the tenants do not use the water lost through leaks and have no control over those losses, they should not share that portion of the bill based on their individual use of water as Continued on Page 2 Recommended Action(s): If the City Council wants to amend UCC §3962.6.2, it should adopt a motion to introduce Attachment 1 by title only, followed by a motion to introduce the ordinance Alternative Council Option(s): N/A Citizens advised: Requested by: Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager Attachments: 1. Ordinance Amending UCC §3962 Approved: !E� � Jan hambers, City Manager According to Mr. Nicolette's calculations, that would narrow the range in the bills to the individual tenants to a low of $36.83 and a high of $105.63. Both Mr. Nicolette and Ms. Hillegas maintain that this would be both more equitable and less harsh to the tenants with an increased sewer bill. Attachment 1 is an ordinance amending Ukiah City Code Section 3962 to pro -rate the City's sewer charges among tenants in mobile home parks using submeters, using the formula advocated by Mr. Nicolette and Ms. Hillegas. Ms. Hillegas requested that if the City Council were willing to make this change, it should be made retroactive or adopted as an urgency measure so that the tenants who have the substantially increased bills could get relief as soon as possible. After reviewing Government Code Section 36937, 1 don't believe there are sufficient facts to support the required finding that adopting the ordinance as an urgency measure is necessary for the "preservation of the public peace, health or safety." The facts before the City Council suggest that immediate adoption will affect less than 16 people and there are no facts demonstrating that a 45 day delay will affect peace, health or safety of even those few people. In my opinion, the City cannot make the ordinance apply to bills that have already been paid without infringing the rights of those tenants who paid less than would be required under the amendments in Attachment 1, who greatly outnumber the tenants who would be entitled to a refund. However, the ordinance in Attachment 1 is declared to apply to any bill from the City received after the ordinance is adopted, even though the ordinance won't become effective until 30 days after it is adopted. Fiscal Impact: Not Applicable Budget Amendment Required Budgeted FY 09/10 7 New Appropriation ® Amount Budgeted Source of Funds (title and #) Additional Appropriation Requested ATTACHMENT 1 The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Section 3962, subsection B.2 is amended to read as follows B. Submeters. * * * 2. Sewer service: The Pro -Rata share of the City Charges for sewer service shall be determined by two separate calculations which are added together to determine the tenant's Pro -Rata Share as follows: 1. The total units of water from all of the submeter readings for the Sewer Service Period is subtracted from the total units of water used by the Multi -Unit Property for the Sewer Service Period as shown by the master meter ("Master Meter Total"). That number is divided by the Master Meter Total to produce a fraction or percentage. That fraction or percentage is multiplied by the City Charges for sewer service. The resulting dollar amount is pro -rated equally among the tenants by dividing it by the total number of rented spaces or apartments in the Multi -Unit Property. 2. The remaining portion of the City Charges for sewer service is pro -rated among the tenants by creating a fraction for each tenant with the numerator being that tenant's submeter reading for the Sewer Service Period and the denominator being the total submeter readings for the Sewer Service Period. The tenant's pro -rata share of these remaining City Charges is computed by multiplying those charges by this fraction. SECTION TWO. 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment. 2. SEVERABILITY. The provisions of this Ordinance are not intended to limit or conflict with any provision in Civil Code, Division 2, Part 2, Title 2, Chapter 2.5, commencing with Section 798, and, in particular, Article 4, thereof, commencing with Section 798.30. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption; provided, however, that the Pro -Rata Share shall be computed in accordance with this ordinance for any City Charges received by a Multi - Unit Property on or after the date this ordinance is adopted. Introduced by title only on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: JoAnne Currie, City Clerk ITEM NO.: 11b PTW MEETING DATE: November 4, 2009 City of ,Ukiah COUNCILCITY SUMMARYAGENDA REPORT SUBJECT: DISCUSSION AND CONSIDERATION FOR UKIAH REDEVELOPMENT AGENCY TO APPROVE ACQUISITION OF REAL PROPERTY ON CLEVELAND LANE FOR LOW AND MODERATE SENIOR HOUSING; UKIAH REDEVELOPMENT AGENCY TO APPROVE ACQUISITION OF REAL PROPERTY ON CLAY STREET; AUTHORIZATION FOR CITY MANAGER/EXECUTIVE DIRECTOR TO EXECUTE ALL OF THE NECESSARY AGREEMENTS; AND APPROVAL OF CORRESPONDING BUDGET AMENDMENTS. Summary: In June 2009, the Agency successfully purchased three private parcels on Cleveland Lane and Main Street adjacent to the Grace Hudson Museum. At the onset of this planned purchase the Agency indicated a desire to assemble these parcels with the already owned City property to create a sizeable land bank of undeveloped property in the downtown region for an infill, low and moderate senior housing development. The Agency is required under California Redevelopment Law to use 20% of the tax increment to increase, improve, and preserve the community's supply of affordable housing. To complete the assembly the City of Ukiah will sell the remaining parcels on Cleveland Lane to the Redevelopment Agency. With the property transfer complete the Agency would have the desired land bank of undeveloped property and could then move forward with seeking development proposals for the desired project. The City owned parcels on Cleveland Lane are a component of the Museum facility and provide for future Museum development/use. Likewise, at the time the Cleveland Lane Museum property was acquired, there were stipulations placed in the property documents which require its use for the purpose Continued on Paae 2 Recommended Action(s): Ukiah City Council: 1. Approve the Purchase Agreement for the City of Ukiah to sell parcels on Cleveland Lane to the Ukiah Redevelopment Agency for a future low and moderate senior housing project utilizing the Agency's housing fund. 2. Authorize a $525,460 "budgeted loan" of the Cleveland Lane sale proceeds ($371,460) and Museum Endowment contribution ($154,000) to the URA for the acquisition of property on Clay St., pursuant to paragraph 2.2 of the Loan Agreement between the Ukiah Redevelopment Agency and the City of Ukiah, dated January 1, 1987 ("Loan Agreement"), and approval of corresponding budget amendments. 3. Authorize the City Manager to negotiate and execute the necessary agreements and documents. Alternative Council Option(s): Do not approve and provide direction to staff. Citizens advised: Grace Hudson Museum Guild/Endowment Requested by: n/a Prepared by: Sage Sangiacomo, Assistant City Manager and Katie Merz, Community Services Supervisor Coordinated with: Jane Chambers, City Manager/Executive Director and David Rapport, City Attorney Attachments: 1. Parcel Map 2. Purchase Agreement: Cleveland Lane 3. Purchase Aareement: Clav Street Approved: Jane Cha,,rnVers, City Manager of the Museum. The Museum Guild/Endowment requests that proceeds from the sale of property on Cleveland Lane, if approved, be used to purchase property on Clay Street to continue the potential for future Museum development. The Guild/Endowment has determined that the Clay Street property on the northern boundary of the Museum is of greater benefit to the Museum than the property on Cleveland Lane which the City intends to sell to the Agency. Likewise, the property on Clay Street was formerly owned by the Carpenter -Hudson family and there is a long-standing goal to reassemble the historic property. The City Attorney and the City Engineer have reviewed the deeds to the Cleveland Lane property that the City is selling to the Agency and have determined that there are no restrictions that the sale would violate. The Museum and City Council have long supported the acquisition of the Clay Street Property. Therefore, the Agency, City, and Museum Guild are seeking to utilize the proceeds of the Cleveland Lane sale to purchase property on the north side of the Museum. While the Agency project area on Cleveland Lane has been identified as a future infill, low and moderate senior housing development, the Agency has also expressed an interest in the Clay Street location for undetermined use. The proximity of the Clay Street property to the undeveloped North Coast Rail Authority property to the east and the downtown to the west presents future redevelopment possibilities such as added parking. The City is also participating in the renovation of the Railroad Depot facility which neighbors the Clay Street location. There are a number of potential projects for the Clay Street Property. Likewise, for the Agency to complete the land -bank assembly on Cleveland Lane the City must be a cooperative seller and identify a suitable alternative for the Museum property sale proceeds and the future development of the Museum. This Agenda Summary Report outlines two potential transactions: 1) Redevelopment Agency to acquire property on Cleveland Lane, and 2) Redevelopment Agency and City to acquire property on Clay Street. Background: Cleveland Lane In March 2008, the Ukiah Redevelopment Agency (URA) began discussions regarding the Low and Moderate Housing Reserve as it nears the statutory excess surplus threshold. In particular, staff suggested identifying property potentially suitable for acquisition and development of affordable housing. Acquisition of land has long been a tool for redevelopment agencies to facilitate desired development in that an agency controls where and how development takes place. Specifically, the Agency would be able to control many aspects of development including location, density, target populations/income levels, amount of open space, building design, etc. Once land is acquired, the Agency would be able to solicit proposals from private and non-profit developers for the desired project type. The land would be used as the Agency's contribution to the development rather than direct funding for construction the costs of which tend to fluctuate greatly. In the past, the Agency has provided substantial grants or loans for the construction of low and moderate housing only to be re -solicited for additional funds midway through project development. This has forced the Agency to approve funding or risk losing the previously invested funds. Furthermore, acquisition of property for low and moderate housing projects has been identified as a major obstacle given that suitable property and funding are not usually available at the same time. This often results in less than suitable property being acquired and developed. Rural Communities Development Corporation (RCHDC), Community Development Commission of Mendocino County (CDC), the Low and Moderate Housing Committee, and a number of private housing development firms have expressed a favorable response to the acquisition approach. For these reasons the Agency is assembling the parcels on Cleveland Lane and desires to purchase the City/Museum owned parcels. A parcel map is included as Attachment #1. The two City owned parcels are 10,293 square feet and 8,070 square feet with a combined total of 18,363 square feet at a purchase price of $371,460 based on the appraised value of the adjacent vacant land purchased of similar size (APN 002-281-18) by the Agency for this project. A draft sale/purchase agreement between the City and Agency is included as Attachment #2 for review and consideration. Clay Street The City Council and Ukiah Redevelopment Agency have previously discussed purchase of the Clay Street property. For the past 10 years the property owner and members of City staff and Museum Guild/Endowment have actively discussed property negotiations. Members of the City Council have viewed the Clay Street property and have encouraged staff to continue communication with the property owner. On June 17 Council gave direction to staff to commission the appraisal of three parcels on Clay Street. The appraisal was completed July 22 and the highlights are summarized below. Parcel Sq Feet Description Appraisal 7/22/09 002-281-02 12,012 C2: Undeveloped $190,000 002-281-03 25,908 C2: Warehouse 10,980 sq ft $450,000 002-281-04 21,500 C2: Undeveloped $285,000 TOTAL 59,420 TOTAL $925,000 In the past negotiations for the Clay Street property, the City and previous property owner were unable to settle on an agreed price for the property. The previous asking price for the property was in excess of $1,200,000. After a series of recent negotiations, the current property owner is willing to sell the property at the appraised value of $925,000. The property owner has not publicly listed the property, but has instead worked directly with the City. Attachment #3 is a signed purchase agreement from the current Clay Street property owner for review and consideration. Discussion: The proposal supported by the Museum Guild/Endowment is for the City to loan the Redevelopment Agency the proceeds from the Cleveland Lane sale in the amount of $371,460' and an additional $154,000 contributed by the Museum Guild/Endowment for a proportionate share of the Clay Street property that has a future benefit for the Museum. The Ukiah Redevelopment Agency will use redevelopment funds for the $524,535 balance of the purchase price. If the purchase is approved, the Agency will take title to the properties. The Agency may convey interests in the properties to the Museum Guild/Endowment or the City in the future in compliance with the Community Redevelopment Law. The Museum Guild/Endowment has the greatest interest in parcel 002-281-02 as it borders the existing museum facility. Likewise the Museum Guild/Endowment desires a portion of parcel 002-281-03 or 002- 281-04 as a future egress to the Museum property. For that reason, the proceeds from the sale of Cleveland Lane will be directed to the Clay Street property along with an additional contribution from the Museum Guild/Endowment. The additional parcel area on Clay Street remain desirable to the Agency due to the proximity to the downtown area. If the recommended action is approved, staff will take additional steps to complete the property transactions. As stated in the property agreements the transactions are contingent upon phase one environmental inspections and completion of formal CEQA process. Staff requests direction from the Agency and the Council to move forward with this item. 'A 1987 Agreement between the City and the Agency authorizes the City to budget funds for use by the Agency for redevelopment activities, including land acquisition, such funds being treated as a loan from the City to the Agency at 6% annual interest to be repaid upon demand of the City. Fiscal Impact: Budgeted FY 09/10 F] New Appropriation Not Applicable Fx] Budget Amendment Required Purchase of Cleveland Lane Property by the URA from the City Amount Budgeted Source of Funds Account Number Addit. Appropriation Requested $371,460 Housing Fund (Land Acquisition) 962.5602.800.060 $0 Purchase of the Clay Street Properties by the URA in the amount of $925,000 Revenue Amount Source of Funds Account Number Addit. Net Appropriation Requested $154,000 Museum Contribution TBD $0 $371,460 Cleveland Lane Proceeds TBD $0 $0 URA Contribution TBD $524,535 plus associated closing costs 10/05/2009 10:09 4087021210 SILICON LABS PAGE 02 This Agreement is entered on 14141 t 2009 (`Effective Date), in Ukiah, California, by and among the Uld RedevTlo-pment -Agency ("Buyer"), the redevelopment agency for the City of Ukiah, and H & L Schmidbauer Properties, LLC ("Seller''). 1. Sale of Premises., Seller agrees to sell and Buyer agrees to buy that certain real property located in the City of Ukiah, Mendocino County, California known as East Clay Street, unimproved real property, 281 East Clay Street, including the warehouse building located thereom. and 273 East Clay Street, unimproved real property, respectively Mendocino County Assessor Parcel (11APYI) Numbers 002-281-02, 002-281-03 and 002-281-04 ("the Property"), and more particularly described in the attached Exhibit A. which is incorporated herein by this reference. The Property includes the personal property located thereon. 2, Purchase Price: Seller agree to accept from Buyer one Hundred and. Ninety Thousand Dollars ($190,000) for Fast Clay Street, Four Hundred and Fifty Thousand Dollars ($450,000) for 281 East Clay Street and Two Hundred and Eighty Thousand Dollars ($295.000) for 273 East Clay Street, totaling Nine Hundred and Twenty Five Thousand Dollars ($925,000) as the ffill purchase price for the Property. 3. Condition of Title: Title to the Premises shall be free and clear of all liens, except for taxes not yet due, and all leases, easements and encumbrances not approved by Buyer. 4. Conditions to Buyer's Obligation to Purchase: Buyer shall have no obligation to buy the Property from Seller, unless or. until: i. Buyer has complied with the California Environmental Quality Act O'CEQA") by detemming that the purchase does not require environmental review or by adopting a notice of exemption, negative declaration or environmental impact report, as determined by Buyer, ii. Buyer approves a Phase I Environmental Site Assessment (ESA) for the property performed in general accordance with ASTM Designation E 1527-05, Standard Practice for Environmental Site Assessments. iii. Escrow between Buyer and the, City of Ukiah. for the purchase of the property known as Mendocino Assessor's Parcel No.'s 002=281-29 and 002-281-15 are ready to close under the terms of the agreement. 5. Escrow: Buyer shall open escrow with a title company of its choice within five (5) days from the effective date of this Agreement and deposit with the title company $1,000, wWob shall be applied toward the total purchase price. The parties shall deliver escrow instructions to the escrow agent within 14 days from the Eff-cotive Date or such other date as prescribed by the title company, which shall include the following: 1 10105/2689 10:69 4087021210 SILICON LABS PAGE 03 to, -L tol ,�ecentber .,Oct a. c3osing daw. iEscraw shoU close by-"b� uniess WMded by Mutug wriv= ageomant of ilm parties. b. prdimWgry title rgi)W sLud fide inamrance: Buyer shall have 10 days from the F ,f 6xdve Date to approve preliminary tift reports, If Dbyer disapproves a rcpur4 it roust provide W&M noticr, of mh cUsapproval to Seger. Buyer " leave no fm-ther obligad=a under this Agreement and shall be a`flied to the M= Of MY IR0110Y Or dooments ftorited with the escrow agent if it eves Seller timely wAttim not ce that it disapproves of title as set forth in a prelbtinary title reports, If B -MM MIS to PrOTWO such timely wdum notice, it "I be d"mod to have waived all objections tO fitle- The tide CoWguy must j$sw prior to Cloft a CLTA tide jymmnes policy, alpove4 by Buyer, io the amomt of the tcUd p=chpse price, listing truly those w=pfions approved by Buyer. a. Imspecdom and Condition of Premises: (1) rxcept far FmNiro=cntd Coutaminwtiojr4 as dafted Wow, Buyer is purchasing the Pmpedy in its AS IS condition without any representAou or warrmy ftom ScHor as to its wn4t!*A. Buyer shall have 45 days fim the Wactive, Dak to obtain and approve any insertions ofthe Promises as it deem necoMY. Sadler SW provide Buyer audits jopectors vdth wasonable atom to the Promises for WSPSOtionFurposcs. if Ryer wants to poribm any destructive testing, it shall so naffy S6.1krwhich shall gVae tea the t,-Sftg or juspootion, provided Buyer qpfts W mtom the iMP%ftd or tested MPULY to the condition it was in prior to the test or kVwdon, if BuM decides to twalmft this Apftment. if Buyer disapprovos a timely inspo ction nPUA it must Provide wddw n0fice of such disapproval to Seller. Buy% shall bgve, 110 ftiba oblUptions under this Agmmew and shall be andtled. to the return of any money or doeuments deposited vft the escrow agent, if it geode Scigar timely written notice that it disapproves of a timely inspection rcpqn a copy of which it has provided to Seller. If Buyer WS to Provide SuOh ply wjittea notice, it shall be dozzued to have w&W all objcr.,tious to the condition of the ProMises. (2) EvApt for camfitim disclosed under subs=flou d, below, Seger Warrants mW represcu% that as of the 33recdw Date and the Closing them is and will be no coudifloo of Envitotmental Contmninstion. ol-4 under or originating ftm the PwPertY. The P'llme ,%njronmmtaj CanumfmatlM�" as used in this Agreamcnt, means arty co titer above lave ls pwWtWA by law of the smfaoe6 soil or waters of or an the Pwporty, or originaft on -Wr, Pmpe* atd migraft to adjacent land or water by any toxic or bamrdous substance, as defined in any local, state or fedeml statute or regulation, including, but ,asst limited to, the CzMrnia liamdous Substances Acwwt Act; the Porter Cologne Water Quably Ac4 the Clean Water Act, the Comprahewive EUv=0meAt01 Rc4ouse. Comptusadon. and Liability Am (CEKCLA). and the Resou= Consorvatiou find Rmovery Act (`IRUWY). ZO 39Vd SEV-1 MOOT US OTMOL800 CE:LT 600Z/6Z,/0T 10106/2009 15:56 4087021210 SILICON LABS PAGE 02 Seiler agrees to fully and completely indemnify and defend Buyer from and against any claim, liability or expense of any nature whatsoever arising out of or based on Environmental Contamination, actual or allepol existing on or before close of escrow. Buyer shall indemnify and defend Seller from and against any' expense or liability for Environmental Contarninatio'n created after close of escrow. d. Seller's Disclosures: Seller discloses the following information it has concerning the condition of the Property and the Easement. (1) Flood Hazard Area Disclosure., The Property or a portion thereof is not located within a Federal Emergency Management Agency (FEMA) "Special Flood Hazard Area." Per disclosures when the property was purchased it maybe in a flooding zone if Lake Mendocino Ilam breaks. (z) Geologic Hazard Zone: The Property is not located within a Special Studies Zane as, designated under Public Resources Code §§ 2021-2625. (3) Environmental Contatninaiiojo: No known environmental contamination. Per disclosures when the property was purchased there was an underground storage tank removed in 1990. The tank was rcmovcd with county permit AS #76. Soil samples taken at the time of the extraction showed no detection of any contamination. A copy of the permit and soil pample result arc attached with the purchase agreement e. Closing costs: Buyer shall pay all escrow and title insurance costs of said conveyance. Real property taxes, assessments and insurance premiums, if any, shall be prorated betty= the parties frozethe date the deed is recorded in the official records of Mendocino County. All pro -rations shall be made on the basis of 365 day year or 30 day month as applicable. f Payment of purchase: Buyer shall deposit by check or wire transfer the balance of the purchase price prior to close of escrow. h. TaxWithholding: Under the Foreign Investment in Deal Property Tax Act (FIRPA; 26 USC §1445), every buyer of U.S. real property must, unless an exemption applies, deduct and withhold from a seller's proceeds 10% of the gross sales price. No withholding is required if the Seller certifies under penalty of perjury that it is not a foreign person within the meaning of the Act. The Seller hereby certifies under penalty ofperjury that it is not a "foreign person" within the meaning of FMPA. and Buyer is not required to and shall not withhold any portion of the gross sales price for state or federal capital gains tax. i. Tax Deferred Exchange: Buyer acknowledges that Seller plans to structure this transaction as a tax deferred exchange of like kind property within the meaning of Section 1031 of the Internal Revenue Code. Buyer agrees to provide reasonable cooperation with the Seller to effect such an exchange; provided however, that. (i) the Buyer shall not be required to acquire or take title to any exchange property; (ii) the Buyer shall not be required to incur any cost, expense or liability whatsoever in connection with the exchange 10/05/2009 10:09 4087021210 SILICON LABS PAGE 05 brokerage or other costs incurred with respect to the exchange, (iii) no substitution of the Seller shall release Seller from their obligations, representations or warranties under this Agreement; (iv) the close of escrow shall not be delayed by nor deemed conditioned upon the closing of any such exchange; (v) the Seller shall. be solely responsible for negotiating and preparing all agreement,, documents and escrow instructions (collectively, the "Exchange Documents") with respect to the exchange, at their sole expense; and (v%) the Seller shall be solely responsible fox tttel.org all determinations as to the legal sufficieney, tax consequences and oilier considerations relating to the proposed exchange, the Exchange Documents and the transactions contemplated thereby, and the Buyer shall in no event be responsi for, or in any way be deemed to represent or warrant any tax or other consequences ofthe exchange transaction. 6, Right of Possession: Buyer's right of possession shall commence upon close of escrow. 7. Force Majeure: The time for performing any condition under this Agreement shall be extended., and the obligations of Buyer suspended, by the number of days during which the ,performance of that condition is prevented due to fire, flood, unusual weather events, stril<.es, labor disputes, shortages, utility curtailments, .power failures, explosions, civil disturbances, the time required to satisfy government regulatory requirements beyond the minimum periods permitted by law, ants of Cod, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties or any other reason beyond the reasonable control of the Buyer. 8. Notice: Whenever notice is permitted or required under this Agreement, it shall be deemed given when personally served by personal delivery, fax or overnight courier, or when deposited in the United States mail with proper first class postage affixed thereto and addressed. as follows: Ukiah Redevelopment Agency C/o Jame Chambers, Executive :Director Ukiah Civic Center 300 Seminary Ave. FAX: (707) 462-6204 H & L Schmidbauer, LLC :Hardy & Liltauue Scbmidbauer 800 Cordova Court Morgan Hill, CA. 950 7 FAX Either patty may change its official address by giving notice as provided in this paragraph. 9. Counterparts: This Agreement may be executed in counterparts. 4 10/05/2009 10:09 4087021210 SILICON LABS PAGE 06 10. Partial Invalidity: If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 11. Waivers: hitt waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act will be deemed an extension of time for pert'onnanee of any other obligation or act except those of the waiving party, which will be extended by a period of time equal to the period of the delay. 12. Successors and Assigns: This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of tb,o parties hereto. 1.3. Professional Fees: Neither Buyer nor Seller have used a licensed realtor or other agent in connection with the purchase of the Property and neither party is liable to any such realtor or agent for a commission or fee. If either party is determined to have an obligation to pay any such fee or commission, it shall be the sole responsibility ofthat party to pay the fee or commission and that party shat.! indemnify and defend the other party from against any cost or liability arising out of the obligation to pay any such fee or commission. 14. Entire .Agreement: This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed by the party to be charged. 15, Time of Essence: Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision hereof. 16. Construction: This Agreement has been prepared by Seller and its professional advisors and reviewed by Buyer and its professional. advisors. Seller and Buyer and their respective advisors believe that this Agreement is the product of all of their efforts, that it expresses their agreement and that it should not be interpreted in favor of or against either Buyer or Seller. The parties flurtber agree that this Agreement will be construed to effectuate the normal and reasonable expectations of a sophisticated Seller and Buyer. 17. GoverAting Law: The parties hereto expressly agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. The parties mutually consent to jurisdiction and venue in the courts of !Mendocino County and waive any objections to the jurisdiction or venue of such courts. 18. Paragraph Headings: The paragraph beadings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. k 10/05/2009 10:09 4087021210 SILICON LABS FOPM, the Parties have entered this Agreement on the Effective Date. LTKIAH REDEVELOPMENT AGENCY 1-0 Jane Chambers, Executive, Director CITY OF UMAH M Jane Chambers, City Manager A M. M-11 M PAGE 07 LW JA M AAA -L illianne Schmidbatier, Member Hardy Sob;&dbauer Lillianne— wnr Lillianne Sebmidbauer 10/05/2009 10:09 4087021210 SILICON LABS PAGE 08 V The land referred to herein is described as follows: All that certain real property situate, lying and being in the City of Ukiah, County of Mendocino, State of California, more particularly described as follows: Parcel. One: Beginning at the Northwest corner of the land. conveyed by Jesse A Watson, et w; to Earl W. Fullerton, et ux, by deed dated February 25, 1948 and recorded in Liber 198, Official Records, page 121, Mendocino County Records; thence South 110.2 feet; thence East 109 feet; thence North 00 30" Fast to the Northerly line of said Fullerton land, thence Westerly along said Northerly line 109 feet, more or less, to the point of beginning. Parcel Two: Beginning at a point in the Southerly line of Clay Street in the Town of Ukiah distant thereon in d Westerly 172 feet from the Westerly I e of the right of way of the Northwestern Pacific Railroad, said point of beginning being the Northeast corner of that certain Parcel of land conveyed by B.B. Fox, et ux, to I.W. Hudson by deed recorded in Book 102 of Deeds, page 628, Mendocino County Records; thence North 88" 04' West along said Southerly line of Clay Street 216.0 feet; thence South 110.2 feet; thence East 109.0 feet, thence South 01' 30; West, 94.5 feet to a point fa the Southerly line of said lands so conveyed by Fox to Hudson; tbence along said Southerly line South 84' 42' East 120.5 feet to the Southeast corner of said lands; thence along the Easterly line of said lands North 3' 24' West 208.8 feet to the point of beginning. Excepting therefrom, the following described Parcel of Land: Beginning at the Northwest comer of the land conveyed by Jesse M. Watson, et ux, to Earl W. Fullerton, et ux, by deed dated February 25, 1948 and recorded in Liber 198, Official Records, page 121, Mendocino County Records: thence South 110.2 feet; thence East 109 feet; thene e North 01' 301 East, to the Northerly line of said Fullerton land; thence Westerly along said Northerly line 109 feet, more or less, to the point of beginning. APN: 002-281-03 I0/05/2009 10:09 4087021210 SILICON LABS PAGE 09 Parcel Three: Commencing on the South side of Clay Street in the City of Udab at a point 72 feet Westerly from the Northeast comer of lands )tow or formerly owned by B.B. Fox where the same adjoins the lands of N.W.P Railroad Company; thence running Westerly along the South line of said Clay Street 100 feet; thence Southerly 215 feet to the North line of land now or formerly owned by Grace Hudson; thence Easterly and along the North line of said lands now or formerly owned by Grace Hudson 100 feet to the Southeast corner of the land formerly ommed by O.C. Willdnsou; thence Northerly to the place of beginning. Being a portion of the property dcscribedixi. a Dead beating date June 29, 1932 and recorded in Book 80 of Official Records at page 595, et seta., Mendocino County Records. M OKI. PAGE 10 THIS PERMIT 18 REVOCABLE SUEWECT TO ALL STATE LAWS AND AT ANYTIME LOCAL OnDINANCES 'NON TRANSFERABLE This permit is issued by PERMIT079- NO. DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 12/12 ,189 ISSUANCE DATE jg/j3Z90 TYPE Or. PFFIMIT -ABANDOISM CP 1 TANK EXPIRATION DATE (1-500 Gal. Gawline) BUSINESS ADDRESS: 265 East Clay Stmt Mdah OWNER' Zbllerb= BLISINESS NAME,----- MUM= •Why YAILING ADDRESS: Q& 390 =t=n. Bnd- Craig M. McMillan, M.D. fs�abf C!mli 4 1 m QqAn!,� Health Agency Director 1010512009 10:09 4087021210 SILICON LABS PAGE 11 Alpha fjiN46cal Laboratories Inc, m SW Waugh Lane, H-1, Ukiah, California 95462 468-0401 CKMXC741210V Itl3poAT07) , Page Lee Havalyd Construction Date Savaplad: 09/12/90 1 3900 Parduaci Road Time Sampled: 094.30 - -Ukiah, C. 95482 . Sampled By: Lea Howard ittn: Lee. Howard mate Received: : 0s/14/90 3.1-112 sample 9f' a Soil 144thad Raoul to unite BUG Batch 40-0914-493 conilleted of 1 ftopte and 5 Tests sample 1 Fullerton 19-90-1. Soil `STH salines LUFT ND ug/ g 1 Benzene EPA 8020 IBD tag/g .05 Toluane EM 8020 ND u9/9 .05 Ethylklenzane EPA 8020 STD ug/g .05 xylenex EPA 8020 ND tatecl .05 MOL - Mini 00tgan t.imit - Rom Detected Bruce L. Bove 'q , Leloratory Director dote Printed M. /$0 10/05/2009 10:09 4087021210 SILICON( LABS PAGE 12 ;a Alpha Analytical Laboratories Inc. augh Lade, H-1, Ukiah, California 9W2 707) 46$•0401 CHEMICAL 1TION REPORT g _._ Howard construction Date sampled*09/12/90 39co parducci Road Time Sampled.: 16:10 Ukiah, CA 95482 Sampled by: T.Aa Howard Attn: Lee HOWard Data Received: 09114/90 saxplaTypesSail Gasoline I O A Benzene EPA 8020R uci/g .09 Toluana EPA 8020 ND ug/g .05 Ethylbertzene EPA 8020 Y UgIg Xylenes EPA B020 ND ug/ci .05 L - Hinimn Detection Limit ND - Norm Detected ItQii:$n Bruce L. Gave oulea. Lebuntery Director Date Printed: /20/90 10/05/2009 10:09 4087021210 SILICON LABS M UKIAH FIN DIPARTMBI(T OCTI; gemlTsif 4nmua. ukolpt. A. M1 [a 7X71AAMAM-4 APPUCATION 7— sum ran pe'. NON Address 'city, $04" a zip Phone FIT�IIrk atore. hindle, hm foriia: uff, oldfor inofhWtowrwM PR on OPE 74' RATION TO BE COND=ED. 7 g 02" ft briefly *hat Is V* be done and ANu what h•m"bus flowho "W) A ponat."I amftm purmullon to "imin, st6m uncir twnditi.matfirtak, or to witcluet, ombftsi Whfch%pi odued ar*"tiom honrfttm w 11(a or propartV, or to install squipawnt und In am"Wellim VAth mull MIVII&A. A pftwAt qWI *J*6*W Plate Of *nY Ikonr@qWrwd by low., A owum �wh a perW of tilm m FIM Ooft shalt Continua UMII revoked or for dblinstocl-doo:diVia tionof isivance. A PaMit vhWI rm belraftfehM* and any dwme in um, doft"., �� *r'*"mvfP gull Mquirs a now Permit. PAGE 13 t Q s #, 131 4 t r This Agreement is entered on , 2009 ("Effective Date"), in Ukiah, California, by and between the Ukiah Redevelopment Agency ("Buyer"), and the City of Ukiah ("Seller"). 1. Sale of Premises: Seller agrees to sell and Buyer agrees to buy that certain real property located in the City of Ukiah, Mendocino County, California known as Cleveland Lane and Mendocino County Assessor Parcel ("APN") Numbers 002-281-29 and 002-281-15 ("the Property"), as more particularly described in the attached Exhibit A, which is incorporated herein by this reference. 2. Purchase Price: Sellers agree to accept from Buyer three hundred and seventy one thousand and four hundred and sixty Dollars ($371,460) as the full purchase price for the Property. 3. Transaction Costs: All transaction costs shall be paid by Buyer. 4. Condition of Title: Title to the Premises shall be free and clear of all liens, except for taxes not yet due, and all leases, easements and encumbrances not approved by Buyer. 5. Payment of Purchase Price: Upon recordation of a deed, Buyer shall transfer the purchase price plus transaction costs to the account specified by the Seller, and Seller shall show the deduction of the Purchase Price from the appropriate account within the Low and Moderate Income Set Aside Fund. 6. Conditions: Buyer's obligation to purchase the Property is subject to the following conditions: a. Buyer has complied with the California Environmental Quality Act ("CEQA") by determining that the purchase does not require environmental review or by adopting a notice of exemption, negative declaration or environmental impact report, as determined by Buyer. b. Buyer shall pay all closing costs, including, but not limited to, title insurance, land surveys, CEQA compliance, escrow fees, document preparation fees, and legal fees. c. Escrow to close forty five days from the Effective Date, unless the parties agree in writing to an earlier or later closing. 7. Right of Possession: Buyer's right of possession shall commence upon recordation of the deed. 8. Partial Invalidity: If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to 1 the fullest extent permitted by law. 9. Waivers: No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act will be deemed an extension of time for performance of any other obligation or act except those of the waiving party, which will be extended by a period of time equal to the period of the delay. 10. Successors and Assigns: This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto. 11. Professional Fees: Neither Buyer nor Sellers have used a licensed realtor or other agent in connection with the purchase of the Property and neither party is liable to any such realtor or agent for a commission or fee. If either party is determined to have an obligation to pay any such fee or commission, it shall be the sole responsibility of that party to pay the fee or commission and that party shall indemnify and defend the other party from against any cost or liability arising out of the obligation to pay any such fee or commission. 12. Entire Agreement: This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed by the party to be charged. 13. Paragraph Headings: The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. WHEREFORE, the parties have entered this Agreement on the Effective Date. UKIAH REDEVELOPMENT AGENCY an Jane Chambers, Executive Director ATTEST: JoAnne Currie, City Clerk 2 CITY OF UKIAH in Phil Baldwin, Mayor ATTEST: JoAnne Currie, City Clerk ID►:4:11.30II\ Parcel 1: All that certain real property situate, lying and being in the City of Ukiah, County of Mendocino, State of California, more particularly described as follows: The land described in the deed to Mark A. Carpenter, et ux, recorded February 5, 1951 in Book 286 of Official Records, Page 48, Mendocino County Records, as follows: Beginning at a point on the Northerly line of Cleveland's Lane, which is the Southwest corner of the land now or formerly owned by Jay C. Smith et ux and which point is distant 120 feet Westerly from the Southeast corner of that certain real property conveyed by S. S. McGarvey to G. Lucchesi, by deed dated the 24th day of January, 1918, and recorded on the 20' day of January, 1918, in Book 146 of Deeds, page 459, Mendocino County Records; and thence from said point of beginning running Westerly along the Northerly line of said Cleveland's Lane a distance of 60 feet; thence running Northerly and parallel with the Easterly line of Main Street in said City of Ukiah to the Northerly line of the real property conveyed to G. Lucchesi by S. S. McGarvey, as aforesaid; thence running Easterly along the Northerly line of the aforesaid land conveyed by S. S. McGarvey to G. Lucchesi as aforesaid, a distance of 60 feet, more or less, to the orthwest corner of the lands of Jay C. Smith and Dorothy Lee Smith; thence running Southerly along the Westerly line of the said Smith lands to the Southwesterly corner of the said Smith lands and the point of beginning, being a portion of Block M. of the City of Ukiah, Mendocino County, California. Excepting therefrom that portion described in the deed to Thomas F. Johnson, recorded June 2, 2003 as 2003-13962, Mendocino County Records, as follows:`Beginning at the Southeast corner of said PARCEL ONE as shown on a map recorded in Map Case 2, Drawer 38, Page 47, Mendocino County Records; thence along the East line of said parcel as shown on said map North 10° 48' S4" West, 176.39 feet (Record per said map: 176.40 feet) to the Northeast corner of said parcel; thence along the easterly extension of the North line of said parcel North 88° 49' 06" East (Record per said map: North 88° 49'07" East), 23.45 feet; thence leaving said easterly extension South 3° 39'09" East, 174.06 feet to the North line of Cleveland Lane as shown on said map; thence along said North line of Cleveland Lane South 88° 43' 02" West (Record per said map: South 88° 19' 00" West), 1.43 feet to the point of beginning and the end of this description." APN: 002-281-29(ptn.) Parcel 2: The land referred to herein is described as follows: All that certain real property situate, lying and being in the City of Ukiah, County of Mendocino, State of California, more particularly described as follows: Beginning at a point on the Northerly line of Cleveland's Lane, which said point is distant 60 feet Westerly from the Southeast corner of that certain real property conveyed by S. S. McGarvey to G. Lucchesi, by deed dated January 24, 1918, recorded January 24, 1918 in Book 146 of Deeds, Page 3 459, Mendocino County Records; thence from said point of beginning running Westerly along the Northerly line of said Cleveland's Lane, a distance of 60 feet; thence funning Northerly and parallel with the Easterly line of Main Street in the City of Ukiah, a distance of 170 feet, more or less, to the Northerly line of the real property conveyed to G. Lucchesi by S. S. McGarvey as aforesaid, a distance of 60 feet; thence running Southerly in a direct line to the Northerly line of Cleveland's Lane and the point of beginning, being a portion of Block M of the City of Ukiah, County of Mendocino, State of California. APN: 002-281-15 91 �, �, # �. i; � l � M � � � `! :' ! ,' �; ,� �, ��, • � ,. � � � � � � � � �' ! y �, �� ' �.a � � � , i '� •_ ! t 1 � � � !. !' , � � � �� _,� . s �� .` • • rM � „ �, �� ! ,' ', M �.-. �:,: �,. k -.,. t' �. � � � �, ., � � �. � 7; ;. #� �,:. s, � , �, � � .., ! .- � • �` t ,' • � � �, • ! � � � � � �; � , w � � � ' � � � � . * � , • � � � � � , �: � �' __ � � � � � ; a � ,' �, � � � �' •, � � � .; s � • • ., •; s + � s � � � � • � �; � !- � .� � .: � ' �, �: � + � �� ' � � - � �.�� r> i ��:, €,;..