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2010-11-03 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 3, 2010 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation: Stop Polio Now 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Joint Council/UVSD Minutes of 9/29/10 b. Regular Meeting Minutes of 10/20/10. 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report To Council On Award Of Bid For The Purchase Of Ballistic Vests From Quartermaster Uniforms In The Amount Of $9,243.64 b. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well C. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status d. Notification To City Council Of The Purchase Of Repair Services To The Sludge Heating System At The Wastewater Treatment Plant From Reliance Enterprises In The Amount Of $5909.41. e. Approve Amendment No.1 For Engineering Services Related To The Nitrate Study Workplan For The Waste Water Treatment Plant 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. PUBLIC HEARINGS (6:15 PM) a. Conduct A Hearing On Proposed Curbside Waste Collection Fee Increases Pursuant To Proposition 218 And Division 4, Chapter 6, Article 1 Of The Ukiah City Code, Commencing With Section 3950 And Adoption Of A Revised Schedule Of Fees And Charges For Curbside Waste Collection 10. UNFINISHED BUSINESS a. Long-term Waste Management Plan / East Lake Landfill (Clearlake) / Prop 218 Process & Prop. Rate Increase (Verbal Report) 11. NEW BUSINESS a. Discuss And Introduce For Possible Adoption The 2010 California Fire Code With Additions Or Amendments To Address Local Issues, And Establish A Resolution Of The City Of Ukiah Making Findings Of Fact And Need For Changes Or Modifications To The State Building Standards Code Because Of Local Conditions. b. Introduction Of An Ordinance Amending Portions Of Division 3, Chapters 1 And 2 Of The Ukiah City Code Pertaining To The Adoption Of The Building Codes And Amendments Thereof. C. Resolution Authorizing The Application And Acceptance Of A Grant From The Water Recycling Facilities Planning Grant Program 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Legal Counsel - Existinq Litigation Government Code Section 54956.9 Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183 b. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to subdivision c of Government Code Section 54956.9: (1 case) C. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Miscellaneous Unit and Management Unit d. Conference with Real Property Negotiators (§54956.8) Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, North Coast Railroad Authority, Weston Solutions Inc, and Administrative Office of the Courts Under Negotiation: Price and Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-01, 02, 03, 11, 14 and 18 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Administrative Office of the Courts Under Negotiation: Price and Terms f. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: Ukiah Redevelopment Agency and Northwest Atlantic (Costco) Under Negotiation: Price & Terms 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 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 29th day of October 2010. JoAnne Currie, City Clerk 3a PROCLAMATION "Stop Polio Now" Whereas, since 1988, Rotary International and its partners in the Global Polio Eradication Initiative (GPEI) - the World Health Organization, UNICEF, and the U.S. Centers for Disease Control and Prevention - have worked to wipe polio from the face of the earth, and Whereas, Rotary's main responsibilities are fundraising, advocacy, and volunteer recruitment and Whereas, Rotary has to date contributed more than US$900 million to the polio eradication effort, and Whereas, with over 33,000 clubs in more than 200 countries and geographical areas, Rotary is able to reach out to national governments worldwide to generate crucial financial and technical support for polio eradication, and Whereas, since 1995 the advocacy efforts of Rotary and its partners have helped raise more than $8 billion from donor governments, and Whereas, thanks to Rotary and its partners, the world has seen polio cases plummet by more than 99 percent, preventing five million instances of child paralysis and 250,000 deaths, and Whereas, when Rotary began its eradication work, polio infected more than 350,000 children annually and in 2009, fewer than 1,700 cases were reported worldwide, and Whereas, the polio cases represented by that final one percent are the most difficult and expensive to prevent because of the challenges that include geographic isolation, worker fatigue, armed conflict, and cultural barriers, and Whereas, the South Ukiah Rotary has taken on the responsibility and commitment to support and sustain this international effort, Therefore, I, Benj Thomas; Mayor of the City of Ukiah, on behalf of my fellow councilmembers, Phil Baldwin, Douglas Crane, Mary Anne Landis and Mari Rodin, do call upon residents of our city and of the wider community to admire and support with their contributions and their deeds the work of the many dedicated individuals and businesses are part of the South Ukiah Rotary, and to express our gratitude for their efforts on behalf of children around the world. Signed and sealed, this 3rd day of November, in the year Two Thousand and Ten. Se4 77iomas, Mayor CC Page 1 of 2 Item 5a CITY OF UKIAH JOINT CITY COUNCIL UKIAH VALLEY SANITATION DISTRICT MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 29, 2010 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Special Joint Meet' "of the Ukiah City Council and the Ukiah Valley Sanitation District on September ,'2010, notice for which having been legally noticed on September 24, 2010. Mayo~Thomas S"fed the meeting to order at 6:00 pm. Roll was taken with the folio g Councilmembers pre ent: Landis, Crane, Baldwin (arriving at 6:08 pm), and Ma homas. Councilmem absent: Rodin. City Staff present: City Manager Chambers, , 1*ctor of Fi nce Elton, ctor of Public Works/City Engineer Eriksen, City Attorney po nd City Clerk urrie. Sanitation District Board present: Dire Ronco, Port rlin, and Vice-Chaiallesen. Sanitation District Board ab it Paulin. Lt 0 Staff present: UVSD District Manager/Clerk Kennedy, Cour~ril Walker, dn,Board Secretary Clark. 2. DISCUSSION CO RNING T OTIC` F DEI=: UENT SEWER SERVICE CHARGES A ISTRICT' TIO TH . ROLL FOR THE COLLECTI SEW SERVIC S OSSIBLE DIRECTION TO STAFF City Counci V consen directed staff to work with UVSD staff on a short and long term resolutionthe ss of UVSD notification of delinquent sewer accounts in the district. 3. DISCUSSION CONCERNING THE USE OF A THREE MONTH AVERAGE OF WINTER WATER USE IN LIEU OF THE JANUARY WATER USE FOR CALCULATING THE CONSUMPTION COMPONENT OF THE SEWER BILL AND POSSIBLE DIRECTION TO STAFF District Manager Kennedy presented the item. UVSD Recommend Action(s): Direct the District Manager to submit for introduction a proposed ordinance modifying Section 8.12.D(2) of District Ordinances 12 and 25. It is recommended that the City Council provide a similar direction to City Staff. CC Page 2 of 2 Public Comment Opened 6:47 pm. Public Speaking to the item: Jenny Barker and JR Rose. Public Comment Closed 6:52 City Council by consensus directed staff to work with UVSD staff to explore changing from the current one month to a three month winter water usage consumption to calculate sewer rates and bring back to City Council. 4. DISCUSSION AND POSSIBLE ACTION TO ENGAGE DAVID W. SMITH SERVICES TO ASSIST DISTRICT BOARD AND CITY COUNCIL, AS WELL AS DISTRICT STAFF AND CITY STAFF, IN IMPROVED GOVERNANCE FUNCTIONS FOR WASTEWATER UTILITY. b City Manager Chambers presented the item. a rn ded Action(s): Direct the City Manager to work with the Ad/Hoc committe e U nd City of Ukiah to finalize the scope of services and 2) The City Cou uthorize t ity Manager to sign a contract engaging the services of Davi - mith for an am I ntqnot to exceed the FY' 2010/2011 appropriation of $50,000. "it Public Comment: None. UVSD M/S Porter/Ronco to)engaW basis that either body can can Directors Ronco, McNerlin, Po Chair Paulin. ABSTAIN: None. M/S Baldwin/, 19ne to h*'rA,~rove aut[ engaging th ices of D~'d W. appropriation o © 000. nded discussion of the oar, arding 2-9-Roftrfor'.alo Y s. N None. e C nager to sign a contract an amou of to exceed the FY.2010/2011 acknowledgement of the motion and at-will aspect of the contract. Motion uncilmembers Landis, Crane, Baldwin, iouncilmember Rodin. ABSTAIN: None. OF DED NDMENTS TO THE PARTICIPATION AGREEMENT E FO TIO AND DIRECTION TO AD HOC COMMITTEES 5. NtheANDF is item was not heard. ome of i14 4, th W 6. , PUBLIC COM akr JR Rose, senior adv. te, spoke to sewer rate concerns for the single occupant residence. 7. ADJOURNMENT . There being no further business, the meeting adjourned at 8:02 pm. JoAnne M. Currie, City Clerk CC Page 1 of6 Item 5b CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 20, 2010 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on October 20, 2010, the notice for which being legally noticed on October 15, 2010. Mayor Thomas called the meeting to order at 6:03 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. Counkcilme:mbers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacom'o, City Attorney Rapport, Community Services Administrator Merz, Director of Human Resources Harris, Director of Public Safety Dewey, Director of electric Utility Grandi, Director of Public Works and City Engineer Eriksen, Deputy Director of Public Works Engineering and Street Division Seanor, Project/Grant Administrator Mills and City Clerk 'Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Storm Water Awareness Week 114 Councilmember Landis read and presented the proclamation to Deputy Director of Public Works Engineering and Streets Division Seanor. Seanor announced this is the fifth year of the stormwater program and the city is starting the next five-year program. 4. F E61ITIONS AND COMMUNICATIONS 5. ARk. OVAL OF MINUTES a. Regular Minutes of August 18, 2010 b. Regular Minutes of Septerihber 1, 2010 M/S Landis/Baldwin to Approve the Regular Minutes of August 18 and September 1, 2010, as submitted. Motion carried by an all AYE voice vote. 6. RIGHT TO APPEAL-DECISION 7. CONSENT CALENDAR M/S Rodin/Landis to Approve the Consent Calendar items 7a-7k: a. Report of Disbursements for the Month of September 2010 b. Notification of the Expenditure of $8287.75 for the Creation and Installation of Two (2) Computer Programs to Enhance Pumping Operations at the Water Treatment Plant ($7,500) and Some Unrelated Additional Maintenance Charges ($787.75) C. Report to Council of the Expenditure in the Amount of $9,814.98 to WIPF Construction for Emergency Pipe Repair at the Hydro Plant for the Electric CC Page 2 of 6 Utility Department (EUD) d. Adoption of Ordinance for the City of Ukiah Amending Section 1965 and Adding Section 2000.3 to Chapter 12 (Parks and Recreation Facilities) of Division 1 (Government) of the Ukiah City Code e. Report of Acquisition of Professional Consulting Services from EBA Engineering for Preparation of Mandated Reports for the Ukiah Landfill f. Rejection of Claim for Damages Received From Barry Vogel, Esq. on Behalf of Krissa Arnold-Klein, and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund g. Approval of Revisions to the City of Ukiah's Owner-Occupied Housing Rehabilitation Program Guidelines h. Award OF Bid for Roof Replacement at the Ukiah Aviation Building L Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status j. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite, Construction of Oak Manor Drive water well k. Approve Budget Amendment in the Amount of $22,743 for Oak Manor Well Construction Contract, Specification No. 09-17 Motion carried by the following roll call vote,: AYES:'Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. 9. PUBLIC HEARINGS f}6:15 PM) 10. UNFINISHEQ,,BUSINESS a. Adoption of Mobilehome Rent Stabilization Ordinance City Attorney Rapport presented the item. Recommended Action(s): Direct the City Clerk to read the ordinance by ti Wonly and adopt the ordinance. City Clerk Currie read the ordinance. Public Comment, opened: 6:36 pm Public speaking'in opposition of the item: Jerold Carroll, Attorney for Rancho del Ray. Public speaking in support of the item: JR Rose, Senior Advocate; Jon Burton, Rancho del Ray: Bob Jones, Manor Oaks; Lan Carlson, Commissioner of Rent Appeal Board in Rohnert Park; Al McQuiry, Rancho del Ray; Roger McConnell, President of the Santa Rosa Manufactured Homeowners Association; Bob (Robert) Fleak, Regional Manager Golden State Manufactured-Home Owners League, Inc. (GSMOL); Bart Clark, Manor Oaks Mobilehome Park; Lisa Hillegas, and Managing Attorney of Legal Services of Northern California. Public Comment closed at 7:12 pm. Mr. Carroll readdressed City Council. CC Page 3 of 6 M/S Baldwin/Rodin to Approve adoption of Mobilehome Rent Stabilization Ordinance. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas. NOES: Councilmember Crane. ABSENT: None. ABSTAIN: None. Recessed at 7:20 pm Reconvened 7:31 pm e. Discussion on the Ukiah Municipal Pools Renovation Project, Consideration on Funding Through City Resources and Authorization of Corresponding Budget Items Community Services Administrator Merz and Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Authorize budget amendment for $42,308 Park Development Fees collected in fiscal year 2010- 2011 to be allocated to the pool renovation project and authorize $148,000 internal loan to the pool renovation project to be repaid by future development fees, donations, and grants, and all corresponding budget amendments. Public Comment opened 7:44 pm Public speaking to the item: Pinky Kushner and Belinda Nash Mobley. Public Comment closed 7:50 pm M/S Crane/Landis to Approve Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES:. None. ABSENT: None. ABSTAIN: None. d. Discuss and Provide Direction Regarding the Gobbi Street-Babcock Lane- Oak Manor Drive Realignment Project Conflict with PG&E Joint Pole Director of Public Works/City Engineer Eriksen and Deputy Director of Public Works:, Engineering and Street Division Seanor presented the item. Recommended Action(s): Discuss, and provide direction regarding the Gobbi Street-Babcock Lane Oak Manor Drive realignment project conflict with PG&E joint pole. Public Comment opened 8:06 pm Publi Speaking to the item: Marsha DePriest; Steven McKanzie; and Linda Sanders, Friends of Gibson Creek and Ukiah resident. Public comment closed 8:15 pm By consensus, the City Council directed staff to proceed with the plan to temporarily pave around the PG&E pole and write a letter to the State Public Utilities Commission regarding the issue for the City Council to sign. C. City of Ukiah Public Benefit Program Presentation and Possible Action on Program Enhancements and Authorize Budget Amendment in the Amount of $120,000. (EUD) Electric Utility Director Grandi presented the item. Recommended Action(s): Approve the recommendations for the City of Ukiah Public Benefits Program for CC Page 4 of 6 Public Assistance and Energy Conservation programs as described on Attachment 1 of Agenda Summary Report and 2)Authorize a budget amendment in the amount of $120,000 from the Public Benefits Fund Balance. Councilmember Rodin left the dais 8:17 pm Councilmember Rodin returned to the dais 8:19 pm M/S Crane/Baldwin to Approve Recommended Actions 1 and 2. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. b. Request Approval for the Purchase of Additional Musco Sports Cluster Green System Replacement Lighting for Giorno Field at Anton Stadium From Musco in the Amount of $10,200 (Plus Tax and Freight) and Change Order for Installation to Ferranti Construction in the Amount of $3,826 Assistant City Manager Sangiacomo and Project and Grant Administrator Mills presented the item. Recommbnded Action(s): Approve request for purchase of additional Musco Sports Cluster Green System for Giorno field at Anton Stadium in the amount of $10,200 (plus tax and freight) from Musco and approve a change order in the amount of $3,826 to Ferrpti Construction for installation M/S Crane/Rodin to Approve the Recommended Action(s). Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS a. Report Regarding New Building and Fire Codes Effective on January 1, 2011 Building Official Willoughby and Direcfor of Public Safety Dewey presented the item. Recommended Action(s): Receive report. City Council received the report. b. Approve the Purchase of A Sewer/Vacuum Truck to Vac-Con, Inc. in the Amount of $303,349.88 Director of Public Works/City Engineer Eriksen presented the item. Recommended Actions(s): Approve the purchase of the Vac-Con Sewer/Vacuum demonstration unity, Model V350LHA/850 from Vac-Con Inc in the amount of $303,349.88. M/S Crane/Landis to Approve the Recommended Action(s). Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Landis reported there is a Woody Biomass educational outreach meeting October 26 from 5-7 pm at the Sun House. Landis also stated a few meetings ago the City Manager provided a summary of the locally awarded contracts that were CC Page 5 of 6 approved that evening and it would be nice to continue with that summary in the City Manager's report. Mayor Thomas reported on being asked by Ukiah Valley TV to provide a report on City Council activities. The information he provided regarding Council's direction to staff on the Orr Creek Bridge was not verbalized correctly. The true direction given to staff was to bring back proposals that contained the option of a pedestrian and bike bridge but would maintain the viability of the bridge for vehicle traffic. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported on the manhole art project brought forward by Dennis Slota at the October 6, 2010, meeting. The Ukiah Main ,Street Program is looking at the subject of art in the downtown with the Assistant City Manager. Staff is deferring the stormdrain art topic until Main Street has time to discuss it. Adjourned to closed session and conv6ne,as the Ukiah Redevelopment Agency at 8:56 pm. 14. CLOSED SESSION - Closed Session may, be held at any time during the meeting a. Conference with Legal Counsel - Anticipatced Mitigation Government Code Section 54956.9(b)(1) - Significant exposureto litigation (1 case) Not heard. b. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision c of Government Code Section 54956.9: (1 case) Not heard. C. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Miscellaneous Unit and Management Unit' Not heard. d. Conference with Real Property Negotiators (§54956.8) Property: APN 002-232-12,13 and 002-282-18 and 19 APN 002-232-09,10, 11 Negotiator. Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, North Coast Railroad Authority, Weston Solutions Inc,.and Administrative Office of the Courts Under Negotiation: Price and Terms Not heard. e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-01, 02, 03, 11,14 and 18 Negotiator: Jane Chambers, Executive Director CC Page 6 of 6 Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Administrative Office of the Courts Under Negotiation: Price and Terms Not heard. Reconvened in Open Session at 9:59 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:59 pm. JoAnne M. Currie, City Clerk City a,!'rrkiar ITEM NO.: 7a MEETING DATE: AGENDA SUMMARY REPORT November 3, 2010 SUBJECT: REPORT TO COUNCIL ON AWARD OF BID FOR THE PURCHASE OF BALLISTIC VESTS FROM QUARTERMASTER UNIFORMS IN THE AMOUNT OF $9,243.64. Background: In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City'Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Each year the department issues ballistic vests to new officers and replaces existing vests which are no longer serviceable. Ballistic vests are a required safety equipment item for officers, and sized for proper fit and protection. When vests are damaged, they must be immediately replaced before an officer can return to work in the field. In anticipation of this need, staff submitted bids to ballistic vest vendors for the purchase of up to ten vests, which comply with the Ukiah Police Department specifications for protective ballistic vests. Discussion: Request for bids were sent to 10 known distributors for Point Blank Body armor which meet the Ukiah Police Department specifications and the National Institute of Justice standard #0101.06. Two bids were received. Below is a tabulation of the bid results: Vendor Extended Price (including tax & shipping) Quartermaster Uniforms $9,243.64 Uniforms Julian $11,065.31 Staff awarded the bid up to ten ballistic vest purchases this fiscal year to Quartermaster Uniforms in the amount of $9,243.64 or $924.36 per vest including tax and shipping from account 105.2001.800.000. Fiscal Impact: Budgeted FY 10/11 F] New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $9,500.00 Machinery and Equipment 105.2001.800.000 N/A Recommended Action(s): No action required, notification of purchase of up to ten ballistic vest purchases this fiscal year to Quartermaster Uniforms, in the amount of $9,243.64, from account 105.2001.800.000. Alternative Council Option(s): None Citizens advised: Requested by: Prepared by: Darren Wojcieszak, Police Captain Coordinated with: Jane Chambers, City Manager, Chris Dewey, Director of Public Safety Attachments: Approved: ti- Ja hambers, City Manager ITEM NO.: MEETING DATE: City of ukiaF AGENDA SUMMARY REPORT 7b November 3, 2010 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 number 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. Gobbi Well The date of the bid opening for construction of the Gobbi Street well head and pump house was June 18, 2009. The contractor mobilized their equipment on site on July 13. Substantial completion of this project Recommended Action(s): Receive the report. Continued on Paqe 2 Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Lauren McPhaul, Public Works Water & Sewer Project Coordinator Coordinated with: Jane Chambers, City Manager Attachments: None. Approved: Ja Chambers, City Manager Subject: Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well Meeting Date: November 3, 2010 Page 2 of 2 was November 10th. The time required from the bid opening to substantial completion of the Gobbi Street well head and pump house was approximately five months. Oak Manor Well In the December 16, 2009 Agenda Summary Report, Item 7d, a best case schedule was developed assuming the Oak Manor well head and pump house bid in December 2009 and construction started no later than January. With this schedule it was possible the Oak Manor well (Well #8) would have been completed in May 2010. This completion date assumed a shortened bid period and no delays due to weather or other circumstances. Bids were issued on January 8, 2010. The revised schedule includes the January bid date and a 30 day noticing period with bids due February 9th. The lowest, qualifying bid was submitted by Wipf Construction in the amount of $377,000 and was approved by Council on February 17th. Construction began April 26, 2010. The pump house at Oak Manor well #8 is complete. All equipment is in place and DPW staff is waiting on the City's electrical department for power. Staff anticipates that this well will be in operation within the next two months. DPW has confirmed all conduits from Gobbi Street to the Oak Manor intersection well site are in place. ITEM NO.: MEETING DATE: AGENDA SUMMARY REPORT 7c November 3, 2010 SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage Emergency as a Stage I, II or III emergency. At its meeting of April 15,2009, the City Council adopted a RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE. (Attachment #1). The resolution contains recitals setting forth the drought conditions and the response to those conditions by the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control Board which the resolution seeks to address. Please refer to those recitals for details. Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined actions that the City is taking, responded to SCWA's request for water use information, and included an outline of the City of Ukiah's water conservation program for 2009. As a result of the drought, the City Council has considered many different aspects of the water shortage issue. Under Council's direction, staff has implemented a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. 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 Continued on page 2 Recommended Action: 1. City Council receive the status report on water shortage emergency Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Lauren McPhaul, Public Works Water & Sewer Project Coordinator Coordinated with: Tim Eriksen, Director of Public Works and City Engineer Attachments: Attachment 1 - Resolution Attachment 2 - Letter to SCWA Approved: , /-J , - ~ , - - Ja7Pambers, City Manager Subject: Drought and Water Shortage Status Meeting Date: November 3, 2010 Page 2 of 2 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. On November 3, 2009 the County of Mendocino retracted the 50% conservation requirement. However, the Board of Supervisors recommended that each water district strive to achieve 25% conservation on a voluntary basis. The City of Ukiah in the coming weeks must consider how to address this voluntary request by the County of Mendocino. Updated Staff Actions Staff has continually monitored this issue in response to the City Council concerns about this emergency and the length of time that it has been in effect. On December 16, 2009 City Council repealed the mandatory water rationing, however, Stage I voluntary rationing is still in place. Lake Mendocino storage is now 73,740 acre-feet. The state is predicting a dry year so staff recommends the continuation of the voluntary conservation measures. It should be noted that the construction of the pump house at Oak Manor well #8 is completed. Staff anticipates that this well will be in operation within the next two months. Once the City Electric Department can get power to the facility, the well should be fully operational. Regional Issues The administrative draft of The Water Supply Assessment for the Ukiah Valley Area Plan (UVAP) has been released for comment. This plan was originally drafted a few months ago. The original was flawed with inaccurate data. County staff has done an admiral job at rewriting this document. However, with the recent changes in county staff at the water agency, the status of this study is uncertain. ATTACHMENT RESOLUTION NO. 2009-17 RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y OF UKM DECLARING A LOCAL EMERGENCY PURSUANT TO THE EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF THE U10AH CITY CODE WHEREAS, 1. Lake Mendocino and the Russian River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and ' 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total throughMarch 2009 is 23 inches; and 3. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April June is 4.8 inches; and • 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SVJRCB") has approved an Urgency Change Petition faed by the Sonoma County Water Agency 0 SC'7VA") to reduce in-stream flows in the. Russian River to 75 efs from April 6-June 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 14une 30, 2009; and 11. The order approving temporary changes to the minimum in-stream flows required by the appropriative rights permits issued to SCWk is subject to several conditions, including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to "obtain the cooperation and participation of agricultural and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009)" and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual local governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide'mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction ofthe 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 Uldah 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 I I of the Uldah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue aproclamation 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 II 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 III emergency; and 2 20. The City can declare a Stage II or Stage u 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, i EREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares, a local emergency due to dr6ught under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Uldah 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 Perio(P), and to report back t6 the City Council at each City Council meeting field during that same time period on the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b, to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a. Stage H or ITT 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 lI or ill 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; to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the 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, NOES: None ABSTAIN: None ABSENT: None ATTEST Lied ro ity Clerk Thomas, Crane, Rodin, and Mayor Baldwin AV, . Philip E. aldwin, Mayor 3 17 r April 28, 2009 et Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. FIorey; This letter is written in response to your letter dated April 17, 2009. I do not Itnow when your letter was received by the City of Ukiah, but it arrived-at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current. drought conditions directly to my office, as that will assist us 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 161/6 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 #4. The Ranney and Well #3 draw water from an alluvial zone along the Russian River; The pumping capacity of both the Ranney collector and Well #3 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well 44, which is percolated groundwater, On February 27, 2009 Governor Arnold Schawarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE' UKIAH, CA 95482-5400 Phane# 7071463.6200 FseTM 7071463-6204 Web Address www.ellyofukiah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant. At the current time, it is anticipated that the wastewater treatment plant could'begin to produce recycled water by August of 2dO9. A distribution system is under design said plans will be developed within the next few months. Funding for this important resource deliArmy 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: L Educational letter 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, ?an~e A. C ambers Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 1009 City of Uldah Water Use Annual Water Use MG 2008 1192.968 -11.435 2008/2004 2007 1219.964 -9.3% 2007/2004 2005 1248.424 7.2% 2006/2004 2005 1223.542 -9.1% 2005/2004 2004 1345.744 Water Use (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 96.743 87.507 87.855 -10% -9% May 145.402 121.505 132,345 -16% -9% June 162.897 149.782 143.469 -8% -12% July 185.876 164.473 158,899 -12% -1590 August 179.326 162.859 157.056 -9% -12% Sept. 356.798 134.481 130.508 -1496 -17% Oct. 109.224 83.777 91324 ;2390 -3690 Total me 1036,266 904.385 901.866 -13% ac-ft 3180 22775 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 -2096 -17% August 126,768 104.658 101.593 -17% -20% Sept. 117.755 88.134 85,313 -25% -28% Oct, 96.734 72.864 73,465 -25% -24% Total MG 772,534 581.694 645.695 -25% -16% ac-ft 2371 1785 1982 The City of Ukiah Water Conservation Program 2009 The unpredictability of its water supplies and ever Increasing demand on California's complex water resources have. resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, anti other interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building.effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation In California, as amended September 16,1999, among parties, which` formalizes an agreement to implement these DMMs'and makes a cooperative effort to reduce the,consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined in the MOU are generally recognized as standard definitions of water conservation measures. 1. CUWCC Demand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late 1970's. During the past five years, the City has expanded Its program and public outreach. The City reduced the amount of water it used by over 9.36/a In 2007 and 11.4% in 2008 compared to 2004. Currently, the City's conservation program includes the following DMMs: DMM 1. Water survey programs for single-family residential and multi-family residential connections. The City tests customer meters upon request and instructs customers in how to use their water meter to determine if there is a leak on the demand side of the meter. The City provides toilet leak detection tablets to customers. DMM 3. System water audits, leak detection, and repair. The City performs leak detection and repair on an ongoing basis: The City, also, calculates system water losses annually and reports this information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City is currently replacing old meters in the system. The new meters will provide a more accurate reading of water use within the City. The City recently went through a rate re-structuring that is believed will reduce water uses in the future. DMM S. Large landscape conservation programs and incentives. The City's Planning Department reviews all landscape plans proposed for new developments Included in the City's Municipal Code is a requirement for all landscape planting to be "'those which grow well in Ukiah's climate without extensive irrigation;" City staff reviews the water use of Its top 5 water users and holds meetings with them on a regular 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 wafer 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 white 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 8. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools tours of Its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and institutional accounts. The City has only two industrial customers; Maverick Industries and Red Tail Ale Brewery. The City surveys the water usage of these Industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. DMM 41.. Conservation pricing. In 2005, the City Increased and re-structured Its water rates to encourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size In proportion to the potential demand a customer can place on the water system. DMM 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 conservation program includes the efforts of the Conservation Coordinator and all staff. DMM 13. Water waste prohibition. The City has adopted regulations that state In part:, "Where negligent or wasteful use of water exists on a customer's premises...the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service maybe discontinued if necessary. DMM 14. Residential ULFT replacement programs. Since October 1992, the sate of toilets using more than 1.6 gallons per flush has been prohibited by State and Federal regulations. These regulations are enforced in the City. if. Additional Water Conservation Measures In addition to the DMMs, the City has also taken the following actions; 1. Installation oftive waterless urinals in the Ukiah Civic Center to support and promote the use of waterless urinals In all City facilities and In the publio sector. The use of these urinals has received very positive feedback from Facilities staff who would like to Install these in the Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Agencies, and the Sonoma County Water Agency. 3. The Ukiah City Council adopted!the Ahwahnee Water Principles on April 4, 2007. The Principles contain ideas for protecting and enhancing water quality, improving water availabliltyr making more efficient use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it Impacts water related issues. The City Council reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. 111. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of Its water utility. A tiered inclining block rate structure and excess use charge are being evaluated to-encourage water conservation. The City has submitted a pre-application to the State Water Resources Control Board State Revolving Fund to construct a recycled water system. The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.5 MGD In the winter of Title 22 unrestricted use recycled water. Other immediate and long-term conservation measures include: - Installation of waterless urinals and dual flush toilets in all City buildings (immediate) Sign the California Urban Water Conservation Council's Memorandum of Understanding Regarding Urban Water Conservation and implement the 14 best management practices (long term) • Water efficiency standards for new single-family development (long term) • Water-afficlent landscaping. (long term) • Water waste ordinance prohibiting; (Immediate) 1, gutter flooding 2. carwash fundraisers 3. non-recycling decorative water fountains 4. breaks or leaks in the water delivery system • Incentives for Retrofits (long term) low flow shower heads 2. toilet displacement devices S. toilet flappers 4. faucet aerators s. high efficiency washing machines 6. ultra-low flow toilets PP city cy UkJart ITEM NO.: 7d MEETING DATE: AGENDA SUMMARY REPORT November 3, 2010 SUBJECT: NOTIFICATION TO CITY COUNCIL OF THE PURCHASE OF REPAIR SERVICES TO THE SLUDGE HEATING SYSTEM AT THE WASTEWATER TREATMENT PLANT FROM RELIANCE ENTERPRISES IN THE AMOUNT OF $5909.41. Background: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is reporting to City Council the repair services to the sludge heating system at the Wastewater Treatment Plant which provides heat input to the digesters to maintain the temperature required for the proper anaerobic decomposition and stabilization of sludge removed from the wastewater. Central to this system are the two "boilers" which fire digester gas or utility (PG&E) gas to heat the water circulated through the system to maintain temperature. Discussion: During annual inspection and adjustment of the system, it was found that several components of the digester gas control system had either failed, or were in danger of imminent failure, necessitating replacement in order to restore this equipment to safe and reliable operation. Funds for this service have been budgeted in the WTP Operation and Maintenance Fund under account number 612.3580.302.003 Fiscal Impact: Not Applicable Budget Amendment Required ❑X Budgeted FY 09/10 1-1 New Appropriation F-1 F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $5909.41 Treatment Process Equip. 612.3580.302.003 none Recommended Action(s): Receive and file notification of the purchase of repair services to the sludge heating system at the Wastewater Treatment Plant from Reliance Enterprises in the amount of $5909.41. Alternative Council Option(s): N/A Citizens advised: N/A Requested by Tim Eriksen, Director of Public Works Prepared by: Andrew T. Luke, WWTP Supervisor Coordinated with: Jane Chambers, City Manager Attachments: N/A Approved: _ Z~~ Jane hambers, City Manager PP City aJ,-Tjkiaft ITEM NO.: 7e MEETING DATE: AGENDA SUMMARY REPORT November 3, 2010 SUBJECT: APPROVE AMENDMENT NO.1 FOR ENGINEERING SERVICES RELATED TO THE NITRATE STUDY WORKPLAN FOR THE WASTE WATER TREATMENT PLANT Background: The City's Waste Water Treatment Plant is required to submit a Nitrate Study Work Plan in compliance with the City's National Pollutant Discharge Elimination System (NPDES) permit. The work plan is intended to identify and report the levels of nitrates at various stages of the treatment process including raw wastewater, return waste streams, intermediate process streams, and final effluent. The data helps determine where additional unit processes could be utilized to remove nitrates if needed. In October of 2008, staff contracted with Winzler & Kelly to assist in the preparation of this report resulting in the compilation of data, review and analysis of data, presentation of the results and technical memoranda which included all of the information. This nitrate work plan was implemented on July 1, 2009. At this time, the City is required to prepare a Nitrate Engineering Study in compliance with the NPDES Permit. Staff has requested amendment number 1 to the original contract with Winzler & Kelly to prepare the Nitrate Engineering Study on our behalf at a cost not to exceed $9,950. Fiscal Impact: Budgeted FY 10/11 F1 New Appropriation ❑X Not Applicable Budget Amendment Required F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $10,000 WWTP Contractual Services 612.3580.250.015 $0 Continued on Page 2 Recommended Action(s): Approve amendment number 1 for the preparation of a Nitrate Engineering Study for compliance with the Waste Water Treatment Plant's NPDES Permit Alternative Council Option(s): None recommended Citizens advised: - Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Jarod Thiele, Public Works Administration Coordinated with: Jane Chambers, City Manager Attachments: Amendment No. 1 Approved: J Chambers, City Manager WINZLER&TKELLY Attachment # Ref: 02502-08-002 October 1, 2010 Tim Eriksen Director of Public Works/City Engineer Ukiah Utilities 411 West Clay Street Ukiah, CA 95482-5400 Re: Proposal to prepare Nitrate Engineering Study - Amendment No.1 Dear Tim: This letter is in response to your request for a scope and fee proposal for the referenced study. It is our understanding that the compliance schedule within the City's National Pollutant Discharge Elimination System (NPDES) permit requires a Nitrate Engineering Study for the Wastewater Treatment Facility (WWTF) to be submitted before October 1, 2010. The study is to include: 1. Russian River nitrate analysis 2. New WWTF evaluation 3. New WWTF operation modifications evaluation 4. New WWTF alternative analysis 5. Mixing Zone Study From discussions with WWTF staff, we understand also that item 1 - the Russian River nitrate analysis has been initiated by the WWTF staff with the monitoring of nitrate levels upstream and downstream of the discharge point. We understand that staff has collected effluent samples in accordance with the nitrate monitoring plan beginning July 1, 2009, and that this data collection satisfies the intent of item 2 - the New WWTF evaluation. The facility improvements have been completed as of the summer of 2009. Since the anticipated discharge limit of nitrate (10 mg/1) has been attained during periods of discharge, it is believed that Items 3 and 4 are not necessary to complete. We understand also that item 5 - the mixing zone study will not be necessary since the discharge has met the anticipated nitrate limit (10 mg/1). Because our original proposal (submitted on August 17, 2010) has not yet been accepted by the City, the October 1, 2010 deadline cannot be achieved. Therefore, an extension of the study submission deadline needs to be -requested of the board. An extension of six weeks would be required. The work associated with requesting this extension will be included with the first task. Based on our discussions with WWTP staff, we recommend the following scope of services to complete the Work Plan: ♦ 495 Tesconi Circle, Santa Rosa, CA 95401.4696 tel 707.523.1010 fax 707.527.8679 www.wandk.com WINZLER8v KELLY Mr. Tim Eriksen October 1, 2010 Page 2 SCOPE OF SERVICES We propose to complete the following tasks: 1. Contact the Northcoast Regional Water Quality Control Board (NCRWQCB) - Winzler & Kelly will contact the NCRWQCB to request a revised study submission date and to confirm the understanding of the scope of work necessary to satisfy the order in relation to the nitrate engineering study. 2. Collation of Acquired Information - Winzler & Kelly will review all of the data obtained by the WWTF staff including nitrate sampling analysis, flow data, and river nXonitoring data. 3. Data Analysis - Winzler & Kelly will perform data analysis for the nitrate engineering study including evaluation of nitrate discharge compliance and a nitrate concentration balance of the river sampling data. 4. Draft Report - Winzler & Kelly will develop a draft report and submit to the WWTF staff for review. 5. Final Report - Winzler & Kelly will review and finalize the report based on comments from the City staff and submit to the NCRWQCB for review. If additional work is necessary to satisfy the compliance order as determined by the discussions the NCRWQCC13, and additional task order could be negotiated with the City. ENGINEERING FEE Winzler & Kelly can provide the above described scope of services for a fixed fee of $9,950 based on our current fee schedule. Services not included in this proposal will be provided on a time-and-materials basis or by a negotiated fee. SCHEDULE We propose to begin work immediately upon receipt of the signed Amendment No. 1. The first task will be to get the board to authorize a later submittal date. Assuming a 6 week extension can be obtained, data will be collected by the WWTF personnel and we propose to complete the draft report by November 1, 2010 so that comments can be obtained from staff for finalization and submission of report to the NCRWQCB by November 15, 2010. If you have any questions please don't hesitate to call me. Sincerely, WINZLER & KELLY Dave Coleman, P.E. Project Manager Attachment - Amendment No. 1 o 0 W&K Project No. VVINZZERSi:KELI,Y AMENDMENT TO AGREEMENT BETWEEN CLIENT AND CONSULTANT 02502-08-002 Amendment No. 1 to Agreement dated October 4. 2008 between Winzler & Kelly (Consultant) and City of Ukiah (Client). Project: Nitrate Study Work Plan. Client hereby requests and authorizes Consultant to perform additional and/or revised services as set forth in this Amendment. Scope of services as set forth below or in specified attachment(s). See attached Scope of Services. Terms of compensation as set forth below or in specified attachment(s). Time and Materials basis not to exceed $9,950.00. All provisions specified in the original Agreement. dated October 4, 2008 are in effect. No other agreements, guarantees, or warranties are in effect. IN WITNESS. WHEREOF, the parties hereby execute this amendment upon the terms and conditions stated above, Client City of Ukiah Consultant Winzler & Kelly By By Print Name Print Name Alex J. Culick Title Title Managing Principal Date Date Original Agreement $3000.00 Amendment No. 1 $9 950.00 TOTAL $12,950.00 Rev. 5/06 ANA* ITEM NO: 9a Meeting Date: November 3, 2010 AGENDA SUMMARY REPORT city cif' ukiah CONDUCT A HEARING ON PROPOSED CURBSIDE WASTE COLLECTION FEE INCREASES PURSUANT TO PROPOSITION 218 AND DIVISION 4, CHAPTER 61 ARTICLE 1 OF THE UKIAH CITY CODE, COMMENCING WITH SECTION 3950 AND ADOPTION OF A REVISED SCHEDULE OF FEES AND CHARGES FOR CURBSIDE WASTE COLLECTION Overview: At the regular City Council meeting of September 1, 2010, the Council established November 3, 2010 as the date for a public hearing on proposed garbage rates. The City's franchise for garbage collection services provides for annual rate adjustments. Recent court decisions have established that garbage rates established by a City Council must. be adopted in conformance with Prop. 218. Proposition 218 requires mailing a notice to customers at least 45 days prior to the date of the public hearing. This notice identifies the proposed rate changes and describes the process the customer must follow if they wish to object to the rate change. Ten thousand nine hundred eighty-two notices were mailed to customers and property owners on September 15, 2010. The notice required pursuant to Municipal Code section 3953 was published on October 20, 2010. As of Wednesday, October 27, 2010, twenty-one letters of protest were received. Background: The provisions of the City's franchise agreement with Solid Wastes Systems, Continued on page 2 RECOMMENDED ACTION: 1) Hold the public hearing on the proposed garbage rates according to the requirements of Prop 218 and the City Municipal Code for adjusting garbage rates. 2) After considering comments from the public during the hearing and the written protests of the rate adjustment, adopt the proposed rate schedule including the CPI based adjustments in 2011 and 2012. ALTERNATIVE COUNCIL POLICY OPTION: Identify and adopt alternate rate adjustments. Requested by: Ukiah Waste Solutions Inc. Prepared by: Gordon Elton, Finance Director Coordinated with: Council Solid Waste Committee; Jane Chambers, City Manager; Emmett Jones, Consultant; Ukiah Waste Solutions Inc. staff. Attachments: 1) Exhibit "A" - Proposed Rate Schedule; 2) Prop 218 Notice. Approved: Jane C bers, City Manager Consideration of the rate adjustment for garbage rates - continued Nov. 3, 2010 Item No: 9a Inc., for the collection, transportation and disposal of garbage and the recycling of recyclable materials within the City limits of Ukiah requires that an annual adjustment be made to the garbage and recycling collection rates. In two of every three years, this adjustment is made by applying a rate factor equal to 75% of the change in the U. S. Department of Labor, Bureau of Statistics, Consumer Price Index (CPI-U), U. S. City Average, June to June (Contract CPI). Every third year, the City Council shall conduct a rate hearing pursuant to UCC Sections 3950-3957 to determine what, if any, adjustment should be made to the garbage collection and recycling rates, taking into consideration the annual audits of the contractor's operations and all other factors deemed relevant by the City Council. In fiscal year 2001/2002, the Refuse Collection and Recycling Franchise Agreement was modified to require the implementation of single-stream recycling with the resultant changes in the sizes of containers available for specific containers designed for use with a mechanical arm on the collection truck. The small ten-gallon containers were maintained to encourage recycling efforts. , The fee schedule was revised in December 2001 to accommodate these standardized containers. The fee schedule adopted at that time utilized the gallons per week approach to determine the fee, which provides a simple method for computing a customer's cost. The size of the container(s) times the number of containers times the number of pickups per week equals the number of gallons per week. The total gallons per week times the rate per gallon for the calculated quantity equals the monthly fee. Container sizes are: 10 gallons, 20 gallons, 32 gallons, 68 gallons, and 95 gallons. Multiple containers are allowed for commercial customers needing more than 95 gallons per pickup. Under special circumstances, customers requiring multiple smaller containers are allowed. The basic concept of promoting recycling efforts by reducing the cost for customers who dispose of less garbage is retained in the proposed fee schedule. In 2008, a plan for meeting the Air Resources Board Refuse Rule to reduce emissions from diesel powered equipment was developed. The plan replaced the existing fleet of three side-loader trucks, one front-loader truck, one container delivery truck, one roll-off truck, and a back-up side-loader truck and a back-up front-loader truck, which are shared 50% with non-Ukiah locations, with later model used vehicles retrofitted to meet the State emission requirements. This plan was completed. Discussion: To evaluate the fee increase requested by UWS for fiscal year 2010/2011, the City Finance Director, the City Manager, and Emmett Jones, a CPA and consultant with experience in waste collection accounting, met with UWS, reviewed the request and submitted a recommendation to the Solid Waste Ad Hoc Committee, consisting of Mayor Thomas and Council member Landis. Initially UWS requested a 7.75% increase in the curb-side collection rates to offset the requested cost adjustment at the transfer station which is primarily needed due to the SAFinance\xfered from FINANCESHARE on FS4 (fs4)\So1id Waste Systems\2010\11-3-10\Garbage rate ASR 11-14 0.docx Page 2 Consideration of the rate adjustment for garbage rates - continued Nov. 3, 2010 Item No: 9a increase in disposal fees at the Potrero Landfill. Staff requested additional information from UWS representatives to understand the operating costs of the collection company. Staff performed an analysis of the request and prepared a revised calculation based on the revised proposal for transfer station costs. This revised increase of 6.22% was presented to the Solid Waste Ad Hoc Committee at the meeting on August 2nd. The proposed 2010 adjusted rate schedule is included as Attachment 1 - Exhibit ""A". After the proposed rate increase, the rates for garbage service in Ukiah remain significantly lower than in Willits, Lakeport, Fort Bragg, or the surrounding unincorporated area of Mendocino County (see chart on page 5). The calculation for the currently proposed rate increase was developed for the period beginning November 2010. The CPI based increases included in the franchise agreement will apply for October 2011 and October 2012. These CPI based increases are also identified in the Prop 218 notifications. Any rate adjustment in 2013 will be considered at a 3-year rate hearing. Sample of proposed month) Curb Service rates * Current Proposed Increase - Minimum week) fee 4.15 4.41 .26 10 gallon week) service 4.15 4.41 .26 20 gallon week) service 8.72 9.26 .54 32 gallon week) service 15.68 16.64 .96 One and bin week) service 103.62 110.07 6.45 One and a half and bin week) service 122.46 130.08 7.62 Rate per and for two and or larger bins 81.64 86.72 5.08 * Pack-out and Remote area service have higher rates see attached schedule for details Approximately 87.5% of the residential garbage customers utilize a 32 gallon or smaller container. Therefore, the majority of customers will experience an increase of $..96 per month or less. This equates to three cents (3~) per day. The increase for a customer with the 10 gallon weekly service is less than a penny a day additional. Staff recommends the Council hold the public hearing on the proposed garbage collection rates and fees and after consideration of the public input, adopt the proposed schedule of rates and fees in attachment ""A". SAFinance\xfered from FINANCESHARE on FS4 (fs4)\So1id Waste Systems\2010\11-3-10\Garbage rate ASR 11-1-10.docx Page 3 Consideration of the rate adjustment for garbage rates - continued Nov. 3, 2010 Item No: 9a Impact on Residential Customers • Customers Cost per day 12.5% $ .01 YES! One cent per day • 19.3% $.02 Two cents per day • 55.9% $.03 Three cents per day • Average $.03 Three cents per day • 59 customers $ .11 per day • 4 customers $ .17 per day (the largest increase) Impact on Residential Customers Average Increase 3 cents per day Residential of Current Proposed Monthly Increase Service Desc~ri~tion Count Customers Rate Rate Increase Per Day_ ur~rcnr~uc - rcca[ucrv [ [ru, acrc v 1-10 Gal can„ 523 12.5%', „4.15 4.41 026 1-20 Gal can . 801; 191°x. q..f2.... 9.2b , . ;......054.....; .._....002 I-32 Gal can 2337: 55.8% 15.68 16.64 0.96 0.03 1-6$,9alcpn. :.._...414_... 100%.. .3699.._ 3930 231.. 0.08. 1-95 Gal can 59 1.4% 52.. .16 55.39 3. 2.3 0.11 2-68 Gal can 4: 0.1% 82.42 87.58 5.16 0.17 3.10 Gal can L 14.70 15.60 090 0.03 2-20 Gal can I: 0.0%g,_ . 2116 „ 23.12 1.36 0.04 2 32 Gal can.... 0.07 1-10. Gal can pack out . 1 0.076" _ 6.40. 6.80 :__014 ,.....0 40 0.01 1-20 Gol can..pack.out... 0.2% 10.94 11.62 . 0.68 0 02 1-32 Gal can pack. out.,, a O .M% 19.20 2038 1.18 0.04 l'-§4 Gol can pack out 1 0.0% 45.08 47.87 2.79, 0.09 , 2-20 Gal can pack ouf 1 0 0%„ 26.52 28.16 1 64 Q05 _ 1-10 Gal can remote.._.., _ 2'_ 0.0%.. 1280_... 13.60 080 0.03 1-20 Gal can remote 2! 0.0% 17.34 18.A2 1.08 0.04 1.32 Gal can remote 13 0.3% 25.60 27.18 1.58 0.05 168 Gal, can remote..... 4 . 0.1% , 51.48. 54.6 319 .0.19.._.._ 2.32 Gal can remote . 1' 0.0% 48.83 51.86 3.03 0.10 S:\Finance\xfered from FINANCESHARE on FS4 (fs4)\Solid Waste Systems\2010\11-3-10\Garbage rate ASR I1-1-10.docx Page 4 Consideration of the rate adjustment for garbage rates - continued I T W rrr~rr L~ a Q E 0 U L a c ° L 0) C. H ed ~o E O T C ~ 7 N V a e e N U m x LL °c m ° d u° x bo O N C ~ v a c ~ o a 0 T V t ro 0 Nov. 3, 2010 Item No: 9a Page 5 cq m 0 q of p ut 4 Vl to V1 N t~h ~ ~ N M ATTA13VI Me4 r CITY OF UKIAH Agenda item: 9a Exhibit "A" Schedule of Garbage Collection rates as of November 2010 PROPOSED RATE STRUCTURE No service/ 10-gallon 20-gallon 32=gallon 68-gallon 95-gallon Service Type minimum fee container container container container container (basic fee) Curb Sevice Current Rate 4.15 4.15 8.72 15.68 36.99 52.16 Increase 0.26 0.26 0.54 0.96 2.31 3.23 Proposed rate 4.41 4.41 9.26 16.64 39.30 55.39 Packout Sevice Current Rate 4.15 6.40 10.94 19.2 45.08 65.08 Increase 0.26 0.40 0.68 1.18 2.79 4.08 Proposed rate 4.41 6.80 11.62 20.38 47.87 69.16 Remote Sevice Current Rate 4.15 12.8 17.34 25.6 51.48 71.48 Increase 0.26 0.80 1.08 1.58 3.19 4.48 Proposed rate 4.41 13.60 18.42 27.18 54.67 75.96 Costs for other combination of cans is based on the total gallon capacity of the containers. 0 to 10 al. 11 to 20 al. 21 to 32 al. 33 to 68 al. 69 to 95 gal. More than 95 al. Rate per gallon for combinations Curb Sevice 0.441 0.463 0.520 0.578 0.583 0.644 Packout or RemoteSevice 0.680 0.581 0.637 0.704 0.728 0.728 Additional fee: Service fee for remote service $ 6.80 $ 6.80 $ 6.80 $ 6.80 $ 6.80 $ 6.80 Bin service Fees for bins (in cubic yards) 1 and 1.5 yards 2 yards 3 yards 4 yards 6 yards Once weekly service 110.07 130.08 .173.44 260.16 346.88 520.32 Multiple services per week is calculated at the once weekly service times the number of services per week Other sizes are calculated at the rate of : $86.72 per yard Listed rates are multiplied times the number of pickups Der week for multiple pickup service. Debris box rental fee Container size 15 and 20 and 30 and 7 day rental fee + tipping fee Additional days $ 203.94 $ 11.03 $ 203.94 $ 11.03 $ 203.94 $ 11.03 Ti in fee is the rate charged at the transfer station Miscellaneous and Special Services Current Increase Proposed 3 yard box per dump (3 day rental), includes tipping fee 126.69 (36.69) 90.00 Appliances, plus tipping fee 20.54 2.10 22.64 Tires, each (up to 4 automobile or motorcycle sized on regular collection route) 4.33 0.44 4.77 Large truck sized tires or more than 4 auto/motorcycle tires (special trip), plus tipping fee 20.54 2.10 22.64 Furniture and other items (special trip), plus tipping fee 20.54 2.10 22.64 Locking bin, one-time setup charge 27.47 2.80 30.27 Compactors, per dump, plus tipping fee 159.60 44.34 203.94 * Basic charge applies to all residences per Municipal Code Section 4443 ATTACHMEW _±L City of Ukiah NOTICE OF PROPOSED INCREASE IN RATES FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICE NOTICE IS HEREBY GIVEN that the City of Ukiah C' City) proposes to increase solid waste collection and disposal (garbage) rates applicable to all parcels in the City of Ukiah, including the parcel for which you are shown as the property owner of record based on the County of Mendocino 2009/2010 Secured Tax Roll, and/or at which you are shown as the customer billed for garbage service. If adopted, the rate increases will be reflected on utility bills dated on or after December 1, 2010. NOTICE IS FURTHER GIVEN that on November 3, 2010, at 6:15 p,m. or as soon thereafter as the matter may be heard, at 300 Seminary Avenue, Ukiah, California 95482, in the City Council Chambers, the City Council will conduct a public hearing on the proposed rate increase. At the public hearing, the City Council will consider all written protests against the proposed fee or charge, and all other comments submitted in writing prior the hearing or expressed during the hearing. If written protests against the proposed fee or charge are presented by a majority of owners, including renters, of the identified parcels, the City will not impose the fee or charge. The City will consider only one protest per parcel, even if it receives protests from more than one owner or tenant of that parcel If you want to file a written protest, prior to the hearing, you must submit the protest to the City Clerk at the Ukiah Civic Center, 300 Seminary Ave. Ukiah CA 95482. You may also submit a written protest at the hearing. To be considered, the written protest must include your name, the address or Mendocino County Assessor's parcel number of the parcel you own or rent, a representation that you are the legal owner of the parcel or that you are a lawful renter of the property who pays the garbage bill, a statement that you protest the proposed rate increase, and your signature. The City reserves the right to verify whether any person filing a protest is an owner or a renter legally obligated to pay the fee. To assist with this verification, the City requests inclusion of the applicable utility account number on the protest. The Amount of the Fee Imposed on Each Parcel: The proposed rate increase as of December 2010 is 6.22%. The increase for subsequent years, including October 2011 and October 2012, will be based on 75% of the percentage change in the Consumer Price Index ("CPI") over the previous year, in accordance with the Contract for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish and Recycling of Recyclable Materials from within the City of Ukiah, originally dated March 23, 1992 ("Waste Collection Contract"). After the December 2010 rate increase, the City Council may conduct a rate hearing in accordance with the Ukiah City Code and California Constitution Article X1II.D.6, and make further adjustments in the rate. In the absence of a subsequent rate hearing, the rates will automatically increase each year in accordance with the Waste Collection Contract (see below). The City Council may reduce the amount of the annual increase by conducting a rate hearing in accordance with the Ukiah City Code. The following table indicates the existing and proposed monthly solid waste service rates for residential and commercial service to each parcel in the City of Ukiah: Residential Service Current October 2010 Current October .2010 Current October 2010 Service Level Curb service Pack-out service Remote Service No service $ 4.15 $ 4.41 $ 6.40 $ 6.80 $ 12.80 $ 13 60 1-10 n1lon service 4.15 4.41 6.40 6.80 12.80 . 13 60 11-20 gallon service 8.72 9.Y6__ 10,94 11.62 17.34 . 18 42 21-32 gallon service 15.68 16.64 19.20 20.38 25.60 . 27 18 33-68 gallon service 36.99 39.30 45.08 47.87 51AS . 54 67 69-95 gallon service 52.16 55.39 65.08 69.16 71.48 . 75 96 96 + gallon service $:606/ al $.644/ al $.685/gal $3281 $.685/ al * . $.728/ al 1 and bin .$103.62 -$110.07 . N/A N/A N/A N/A 1.5 and bin 118.01 130.08 N/A N/A N/A N/A L er bins at per yard rate 81.64 86.72 . N/A N/A N/A VA * Plus remote service fee of $6.40 which is chan ' to $6.80 Miscellaneous and Special Services will also increase b 6.22% The Reason for and Basis Upon Which the Fee Increase was Calculated: The proposed rates were calculated based on the Waste Collection Contract with the City's franchised waste hauler, which is a private company. Under that agreement, rates.are adjusted as follows. Unless altered by the City Council at a rate hearing, which may be held once every three years, rates are automatically adjusted by.seventy-five percent (75%) of the percentage change in the CPI from the previous year*. At the optional rate hearing, the City Council may consider the annual audit of the waste collection business and any other financial information considered relevant by the City Council, to determine whether the rates fully compensate the franchised. waste hauler for the cost of providing the service. If the rates were adjusted for the period commencing December 2010 by 75% of the CPI, the rates would increase by .79%. The higher proposed rate increase was calculated by carefully evaluating the annual audit for the period ending December 31, 2009, and the) increased gate fee at the Taylor Drive Transfer Station. The proposed increase represents only the cost of the increased gate fee. * U.S. City Average Consumer Price Index (CPI-U) from June to June. , a7- . The Next Generation of Waste Management in Mendocino and Lake Counties teat is Walt Manage It Plan introduction. Purpose of this Document ~ our plan: Recognizes innovative systems and emerging technologies to recover and manage waste materials into the future Offers long-term, locally appropriate programs Increases diversion, generates renewable energy, recovers additional recyclable materials, reduces greenhouse gas and creates jobs Addresses all aspects of the municipal solid waste stream Provides long term disposal for non-recoverable residues ® In partnership with our jurisdictions, we will investigate each program and report our findings ® Some programs may turn out to be feasible, others not -P 2 C&S Waste Solutions Ukiah, CA November 3, 2010 ubjectives cif the Plan Minimize landfilling of collected municipal solid waste Maximize energy and resource: recovery Provide Long,-term,disposal in a manner which allows flexibility for future opportunities Reduce greenhouse gas production Create jobs o Be practical and affordable Allow for phased implementation as.projects and grograms become viable a3 v MEN 17 3 Proposed New Programs . Separate food waste collection and conversion to compost and energy using state-of-the-art technologies 2. Long-term, flexible and cost-effective landfill disposal 3. New Resource Recovery Facility to process MSW from Ukiah Valley and Lake County/Clearlake 4. MSW energy conversion (Waste to Energy) w w o- Program 1 - Food and Conversion Masts Collection Food waste is the largest component of the waste stream still landf i l led ® State of the art technologies: In-vessel aerobic composting Anaerobic digestion/fuel cell @ WWTP ® We will conduct a demonstration food-waste collection program Design and implement full-scale food waste collection and diversion rograms based on results . .4a ,z ~l n 5 fi41lr G'Q;4 In-Vessel Food Waste Composting p Open air composting - more difficult to mitigate odor and water quality impacts v We prefer leading edge, fully contained systems that minimize odor, air and water quality impacts They.produce much higher quality compost ® Start small and increase capacity in a modular fashion d V ate" 6 gCGy\ti Michael D. Brown, P.E. Michael Brown has more than 30 years of engineering and business experience with municipal solid waste management, climate change, energy efficiency and renewable energy projects including wind, solar, biomass, landfill gas, municipal, agricultural and industrial wastes. For the past seven (7) years, he has been focusing on the conversion of municipal solid waste into energy utilizing state of the art technologies. He served as Founder and President of Brown, Vence & Associates, Energy and Environmental Engineers and later as National Director of Energy and Waste Management for HDR Engineers. He is currently a Principal Engineering Consultant, serving public and private sector clients in the waste management and renewable energy fields. Mr. Brown has been involved with raising over $3 billion in capital for energy and environmental projects. He has authored several texts on waste management and is a regular speaker at conferences and contributor to technical journals. He served as the Project Director for small and large scale projects for public and private sector clients in the United States, Eastern Europe, Asia, North Africa and Latin America. He is an effective Project Manager with an untarnished track record for completing projects on time, within budget, and with the highest level of professional competence. Mr. Brown is a licensed mechanical engineer and holds a Bachelor's Degree in Environmental Engineering and a Master's Degree in Business Administration. C~ ci~- I~ 3 lu ,S O c w n O N A M O o 3 C O- N O R : K N rj Q v M C) X p ro On N K N O Q1 O X W o ro x c ~a a a O C "t O a C ao 0 a m 0 3 ma _cu_ f V O 7 ~ C r ^ 1 penul;uoo - sales 96egae6 aol luewlsnfpe ales eqj }o uol}eieplsuoo e6 :ON w8ll 0 GOZ `E 'noN d V Q vi 0 vi G u O city vf' Elkiah. ITEM NO.: 11 a MEETING DATE: November 3, 2010 AGENDA SUMMARY REPORT SUBJECT: DISCUSS AND INTRODUCE FOR POSSIBLE ADOPTION THE 2010 CALIFORNIA FIRE CODE WITH ADDITIONS OR AMENDMENTS TO ADDRESS LOCAL ISSUES, AND ESTABLISH A RESOLUTION OF THE CITY OF UKIAH MAKING FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE STATE BUILDING STANDARDS CODE BECAUSE OF LOCAL CONDITIONS. Background: The California Fire Code is part of the California Building Standards Code, and a new edition is published every three years by order of the California State Legislature. These new building and fire standards take effect January 1St, 2011 unless otherwise stipulated. A City may establish more restrictive standards reasonably necessary because of local climatic, geological or topographical conditions. These findings of local conditions and adopted local standards must be filed with the California Building Standards Commission to become effective, and previous additions and amendments do not apply without appropriate adoption. Discussion: The City of Ukiah Fire Department has begun the process of adopting the updated 2010 California Fire Code, and amending the City of Ukiah's current Fire Prevention Code Sections to include the. changes of the 2010 California Fire Code and other considerations to increase safety. In an effort to provide more consistency in the application of the Fire Codes within the greater Ukiah Valley, the City of Ukiah Fire Department has worked closely with both the Ukiah Valley Fire District and the Hopland Fire District in evaluating the changes to the 2010 Fire Code and creating additions and amendments to address local issues. A new proposed City of Ukiah ordinance has been created, which adopts the 2010 California Fire Code and appendixes, and creates additions and amendment to address local issues. Fiscal Impact: Budget Amendment Required H Budgeted FY 10/11 F-1 New Appropriation ❑X Not Applicable F Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested Continued on Page 2 Recommended Action(s): 1. Discuss and introduce a Fire Prevention Code Ordinance, to adopt the 2010 Edition of the California Fire Code, including additions and amendments thereto to address local conditions, and; 2. Establish a resolution of the City of Ukiah establishing findings of fact and need for changes or modifications to the State Building Standards Code because of local conditions. Alternative Council Option(s): Provide Staff with alternative direction. Citizens advised: Ukiah Valley Fire District, Hopland Fire District Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: Proposed Fire Code Ordinance and Proposed Finding of Fact Resolution Approved: -Z~r~ J Chambers, City Manager Subject: INTRODUCE AND DISCUSS FOR POSSIBLE ADOPTION THE 2010 CALIFORNIA FIRE CODE WITH ADDITIONS OR AMENDMENTS TO ADDRESS LOCAL ISSUES. Meeting Date: November 3rd, 2010 Page 2 of 3 These amendments and additions to the 2010 California Fire Code, which are within the City of Ukiah Fire Prevention Code include: Section One: Adopts the California Fire Code 2010 Edition, and Appendices. (Required by the Fire Code) Section Two: Inserts into the Code, Title, Violation Penalties and Failure to Comply Penalties. (Required by the Fire Code) Section Three: A. Specifies that the Chief of the Fire Department is responsible within the City of Ukiah for enforcement of the Fire Code. (Required by the. Fire Code) B. Creates a "self-inspection program" to assist in assuring that certain building code occupancies are inspected on an annual basis for fire safety. (The self-inspection program was included in the previously adopted 2007 Ukiah Fire Code and is continued by including this addition to the 2010 Edition) UCC Section 5213: Section 505.4 Map Directories: Will require multiple unit housing projects over 15 units to have a lighted Map Directory installed at each driveway entrance to assist emergency personnel in quickly locating the location of an emergency. Only applies to projects constructed after January 1, 2011. (NEW ADDITION. Because of limited on-duty personnel, automatic aid and mutual aid responses are common, Lighted Map Directories will help to assist emergency personnel in quickly locating the location of an emergency.) Section 605.3.1.1 Alternate Power Sources: Requires that all alternate power sources are approved, by the City Building Inspector, and installed according to applicable codes. Includes warning signage at each electrical panel of alternative power sources. (NEW ADDITION: Because of the growing popularity with alternative power sources such as solar power, it is critical that emergency personnel receive a warning that when disconnecting power, that alternative power sources may still be active within a building.) Subject: INTRODUCE AND DISCUSS FOR POSSIBLE ADOPTION THE 2010 CALIFORNIA FIRE CODE WITH ADDITIONS OR AMENDMENTS TO ADDRESS LOCAL ISSUES. Meeting Date: November 3Id, 2010 Page 3 of 3 UCC Section 5216: Section 903.2 Automatic Sprinkler Systems, Where Required: This section defines when automatic sprinkler systems are required in new buildings, additions to existing and remodeled buildings and structures. Typically, sprinkler systems are required when a new building requires a fire flow of 2,000 gallons per minute, where an addition to a structure increases the structure to a fire flow of 2,000 gallons per minutes, or where the construction of the new building or addition increases the building height to over 30 feet. (PREVIOUSLY ADOPTED, 2007 AMENDMENT TO UKIAH FIRE CODE. This section was adopted in 2007 by both the Ukiah Valley Fire District and the City of Ukiah based upon the ability of our existing resources to effectively provide gallons per minute fire flow for larger structures.) UCC Section 5218: Section 506.2.3 Emergency Electrical Disconnects: This section requires a remote main electrical panel disconnection, where access to the main panel requires entry and passage through a building to an interior location which presents unsafe conditions to emergency personnel. (PREVIOUSLY ADOPTED, 2007 AMENDMENT TO UKIAH FIRE CODE: This section was adopted in 2007 by the City of Ukiah to assist in disconnecting power from larger structures, when main electrical panels are located within buildings.) Section Four: Section 3404.2.9.6.1, Section 3406.2.4.4, and Section 3804.2 Geographic Limits: Defines geographic limits for storage of Class I and Class II liquids and liquefied petroleum. (Required by the Fire Code) Recommendations: 1. Staff desires to discuss and introduce a Fire Prevention Code Ordinance, to adopt the 2010 Edition of the California Fire Code, including additions and amendments thereto to address local conditions, and; 2. Establish a resolution of the City of Ukiah establishing findings of fact and need for changes or modifications to the State Building Standards Code because of local conditions. ATTACA ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 3, ARTICLES 1, 2 AND 3 OF THE UKIAH CITY CODE, ENTITLED: FIRE PREVENTION CODE, TO ADOPT THE 2010 EDITION OF THE CALIFORNIA FIRE CODE, INCLUDING ADDITIONS OR AMENDMENTS THERETO TO ADDRESS LOCAL CONDITIONS The City Council of the City of Ukiah does ordain as follows: SECTION ONE Ukiah City Code. Section 5200 is hereby amended to read as follows: SECTION 5200: ADOPTION OF CALIFORNIA FIRE CODE: A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Ukiah, being marked and designated as the California Fire Code, 2010 edition, including Appendix Chapter 4 and Appendices A, B, BB, C, CC, D, F and I, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Ukiah, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Division 6, Chapter 3, Articles 2 and 3 of this Code. SECTION TWO A new Section 5200.5 is hereby added to the Ukiah City Code to read as follows: SECTION 5200.5: INSERTIONS INTO CERTAIN SECTIONS OF THE CALIFORNIA FIRE CODE, 2010 EDITION: The following sections of the California Fire Code, 2010 edition, are hereby revised by inserting information specific to the City of Ukiah so that these sections read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Ukiah, hereinafter referred to as "this code." 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction for a continuing violation exceeding three (3) days or three (3) violations in any twenty-four (24) months or a misdemeanor, for a continuing violation of four (4) days or more or for a fourth or subsequent violation within any twenty-four (24) months punishable, if an infraction, by a fine of not more than $100 for a first offense, $500 for a second offense and $1,000 for a third or subsequent offense, and if a misdemeanor, by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $100 dollars or more than $1,000 dollars. SECTION THREE The following sections of the Ukiah City Code are hereby amended or repealed as follows: 1. Section 5202 is hereby amended to delete "Appendix 1," from subsection B and to delete subsection C, so that the amended section reads as follows: SECTION 5202: ENFORCEMENT A. The California fire code (CFC) herein adopted shall be enforced by the chief of the fire department of the city who is hereby appointed to supervise the bureau of fire prevention and such regularly employed members of said department in accordance with the applicable provisions of the California fire code. B. Section 104.3 of the California Fire Code is amended by adding subsection 104.3.2 thereto as follows: For the purpose of providing and maintaining functions necessary for the prevention of fire and for the protection of life and property from fire and panic, there is hereby established a "self-inspection program" assuring that certain California building code (CBC) group B, F, H, L, M, and S occupancies within the city are inspected on an annual basis for fire safety. The Ukiah fire department shall deliver, by hand or by mail, "self-inspection worksheet" and "business and emergency record" forms as established from time to time by said 2 department to certain CBC group B, F, H, L, M, & S occupancies within the city on an annual basis, or as may be initiated through the business license application process. The owner or manager of said occupancy or person in highest authority in said occupancy shall be allowed thirty (30) days from issue date, as noted on the self-inspection worksheet, in which to conduct an inspection for fire safety, correct any deficiencies, complete said forms, and return completed forms to the Ukiah fire department as directed by the fire chief or his designee. Any person who fails to comply with the requirements to return said forms duly completed and to correct the deficiencies noted in said occupancies within thirty (30) days of the issuance of said forms shall be guilty of an infraction, punishable by a fine of $100 for a first offense, $500 for a second offense and $1,000 for a third or subsequent offense. 2. Section 5213 is hereby amended to read as follows: SECTION 5213: ADDITIONS AND AMENDMENTS TO SECTIONS 505 AND 605 OF THE CALIFORNIA FIRE CODE, 2010 EDITION: Section 505.4 is hereby added to read as follows: Section 505.4 Map Directories. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks constructed after January 1, 2011, where the numbers of units in such projects exceed 15. Section 605.3.1.1 is hereby added to read as follows: Section 605.3.1.1 Alternate power sources. All permanent installations of electrical generators, wind generators, solar cell, or other power sources shall be approved by the building code official. All applicable provisions of the National Electrical Code, the Uniform Fuel Gas Code, the California Building Code, and the Code shall be followed for any such installation. Permanent engraved and affixed signage, red in color, reading "WARNING - This premise is provided with an Alternative Power Source. Disconnection of commercial power may not disable the electrical power source". Lettering shall be a minimum of %2" tall and shall be permanently' affixed on each electrical panel subject to back-feed from alternate power sources. Any and all power disabling switches shall be clearly labeled. 3 Section 5214 is REPEALED in its entirety. 4 Section 5216 is amended to read as follows: SECTION 5216: AMENDMENTS TO SECTION 903.2 OF THE CALIFORNIA FIRE CODE, 2010 EDITION: Section 903.2 (not including sections 903.2.1 and all subsections thereof) of the California Fire Code, 2010 Edition, is amended to read as follows: Section 903.2 Where required. Approved automatic sprinkler systems in new, additions to existing, remodeled, added to or altered buildings and structures shall be provided in the locations described in this section. A. Approved automatic sprinkler systems shall be provided in new buildings and structures requiring a fire flow of 2,000 gallons per minute (GPM) or greater as determined by Appendix B of this code. B. Approved automatic sprinkler systems shall be provided in additions to existing structures where the new total building area would require a fire flow of 2,000 gallons per minute (GPM) or greater as determined by Appendix B of this code. C. Approved automatic sprinkler systems shall be provided in existing structures which are remodeled, added to or altered, except for ordinary maintenance and repair not involving structural alterations, requiring a fire flow of 2,000 gallons per minute (GPM) or greater as determined by Appendix B of this code, and when the cost of such remodels, additions, or alterations within any 36 month period exceeds $60,000. Exception: Projects which are solely complying with statutory regulations (examples may be Health and Safety Codes, earthquake/seismic, American Disabilities Act (ADS), or fagade improvements) will not trigger this requirement. D. Approved automatic sprinkler systems shall be provided in new structures exceeding 30 feet in height above the lowest grade level. E. Approved automatic sprinkler systems shall be provided in those new, additions to existing, remodeled, added to or altered buildings and structures which require a fire flow, as determined by Appendix B of this code, in excess of the capability of the available water supply. 5 Section 5218 is amended to read as follows: SECTION 5218: AMENDMENTS TO SECTION 506.2.3 OF THE CALIFORNIA FIRE CODE, AS ADOPTED IN UKIAH: Section 506.2.3 of the California Fire Code, 2010 Edition, is added as follows: Section 506.2.3 - Emergency electrical disconnects. Where access to main electrical control panels requires entry to, and passage through, portions of a structure which may be involved with fire, smoke, gasses, hazardous materials, or which otherwise present unsafe conditions to emergency personnel, the Chief may require that a means of remotely disconnecting electrical service to the structure be provided. This means of remotely disconnecting electrical service shall be by a secured key switch mechanism approved by the Fire Department. 4 6. Section 5223 is REPEALED in its entirety. SECTION FOUR The geographic limits referred to in certain sections of the 2010 California Fire Code are hereby established as follows: Section 3404.2.9.6.1 The geographic limits referred to in Section 3404.2.9.6.1 of the 2010 edition of the California Fire Code in which storage of Class I, Class II and liquids in outside aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the City of Ukiah. Section 3406.2.4.4 The geographic limits referred to in Section 3406.2.4.4. of the 2010 edition of the California Fire Code in which storage of Class I, Class II and liquids in aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the City of Ukiah. Section 3804.2 The geographic limits referred to in Section 3804.2 of the 2010 edition of the California Fire Code in which storage of liquefied petroleum gas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 liters), is restricted, are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the City of Ukiah. SECTION FIVE 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. 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. Introduced by title only on , 2010, by the following roll call vote: 5. AYES: NOES: ABSENT: ABSTAIN: Adopted on , 20105 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk 6 ATTA 9 ' -9n _ RESOLUTION 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE STATE BUILDING STANDARDS CODE BECAUSE OF LOCAL CONDITIONS CHANGES OR MODIFICATIONS: Pursuant to Section 13869.7, 17958.5, 17958.7, 17922 and 18941.5 of the State of California Health and Safety Code, the City of Ukiah in its ordinance adopting and amending the 2010 Edition of the California Fire Code with reference to the 2009 Edition of the International Fire Code, changes or modifies certain provisions of the 2010 California Building Standards Code (Title 24, Part 9) as it pertains to the regulation of buildings used for human habitation. A copy of the text of such changes or modifications is attached. Findings: Pursuant to Sections 17958.5, 17958.7, 17922 and 18941.5 of the State of California Health and Safety Code, the City of Ukiah has determined and finds that the attached changes or modifications to the 2010 California Building Standards Code are needed and are reasonably necessary because of local climatic, geographic and topographic conditions. Local Conditions: Local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the 2010 California Fire Code, 2009 International Fire Code and the 2010 California Building Standards Code in order to provide a reasonable degree of property security and fire and life safety in the City of Ukiah Below are listed adverse local climatic (see No. 1), geographic and topographic (see No. 2) conditions. 1. Climatic a. Precipitation. Precipitation ranges from 13 to 71 inches per year with an average of approximately 37 inches per year. Approximately eighty-nine percent (89%) falls during the months of November through April, and eleven (11%) from May through October. b. Relative Humidity. Humidity generally ranges from 35% during daytime to 85% at night. It drops to 12% during the summer months and occasionally drops lower. C. Temperatures. Temperatures have been recorded as high as 115 degrees F. Average summer highs are in the 86 to 91 degree range. d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 3 - 18 mph range, gusting to 33 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. e. Summary. These local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to the ignition of structure fires which have the potential to burn into the vegetation (wildland), and vice versa. The winds experienced in this area can have a tremendous impact upon structure fires in buildings of close proximity to one another, commonly found in the residential neighborhoods throughout the Ukiah Valley. During structure, or wildland fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fire back into the building and create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts. 2. Geographic and Topographic a. The fire environment of a community is primarily a combination of two factors: the area's physical geographic characteristics and the historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area's fire protection needs. The service area of the City of Ukiah Fire Department has a varied topography and vegetative cover. A conglomeration of valley floor, mountainous slopes and ridges make up the terrain. Development has occurred on the flat lands in the central portion of the City. However, over the last thirty years, development has spread onto the surrounding mountainous slopes. b. Seismic Location. The relatively young geological processes that have created the San Francisco Bay Area are still active today. The City of Ukiah sits on the Maacama fault between the San Andreas fault to the west and the Bartlett Springs fault to the east. c. Size and Population. The City of Ukiah Fire Department covers approximately 5 square miles including a residential population estimated at 15,500. During day time hours it is estimated that population within the City of Ukiah can double in size, as the City of Ukiah hosts approximately 5,000 K-12 Students, 15,000 employed adults, and serves as the geographical hub for medical, retirement, governmental, and retail services. The City of Ukiah 2 Fire Department responds to more than 2,500 calls for service a year. The City of Ukiah has one fire station and a total of 46 career, volunteer and explorer personnel. The City of Ukiah handles diverse responsibilities including Wildland Fire, Urban Fire, Freeway and Auto Collision Response, and Advanced Life Support Medical Response, Hazardous Material Response, Urban Search and Rescue, and Swift Water Rescue Response. d. Roads and Streets. The roadway systems within the City of Ukiah are for the most part a grid or loop system. Many of the roads servicing residential areas on the west foothills of the City are narrow and winding affording difficult ingress to emergency apparatus. Ingress and egress into the foothill areas will be made extremely difficult by large-scale emergencies such as earthquake and wildland fire. e. Topography. The City's service area is a conglomeration of valley floor, and mountainous slopes. The flatter lands are found in the Urban portion of the City. Most of the existing urban and suburbanized areas are on relatively flat lands (0 - 5% slope). Correspondingly, there is much diversity in slope percentages to the west of the valley floor. Slopes on the west side of the City average 48% and range from 6-80%. Slope is an important factor in fire spread. As a basic rule of thumb, the rate of spread will double as the slope percentage doubles, all other factors remaining the same. L Vegetation. The Ukiah Valley's semi-arid Mediterranean-type climate produces vegetation similar to that of most of Mendocino County, with specific growth a result of topography and prevailing wind. The west facing slopes are heavily wooded from lower elevations to ridge with oak, madrone, Douglas-fir, Redwood, and minor shrubs of the general chaparral class. Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage. Often such dwellings are completely surrounded by highly combustible vegetation. g. Hydrology. The City of Ukiah adjoins Lake Mendocino, the Russian River, Mill Creek, Robinson Creek and multiple ephemeral streams. Annual precipitation at or above the annual average of 37 inches can result in flooding along the Russian River and its tributaries. These flooding events lead to increased emergency response times for apparatus responding through or around the flooded roadways. h. Summary. The above local geographic and topographic conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Ukiah Fire Department. 3 Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. The majority of the Ukiah Valley's industrial/commercial complexes are located in close proximity to the Maacama fault. This fault zone also contains the largest concentration of hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. The City's resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single-dwelling or structure fires. Other variables may tend to intensify the situation: 1) The extent of damage to the water system; 2) The extent of isolation due to bridge and/or freeway overpass collapse; 3) The extent of roadway damage and/or amount of debris blocking the roadways; 4) Climatic conditions (hot, dry weather with high winds); 5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 6) The availability of timely mutual aid or military assistance; Conclusion: Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake, or flood, and subsequent fire. Therefore it is found to be reasonably necessary that the California Fire Code and the State Building Standards Code be changed or modified to mitigate the effects of the above conditions. Furthermore, California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the City of Ukiah finds that the following table provides code sections that have been modified pursuant to Ordinance which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to local climatic, geological and topographical reasons. Section Number Local climatic, geological and topographical conditions 505.4 le, 2c 605.3.1.1 le, 2h 903.2 le, 2h 506.2.3 1e, 2h NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that the Fire Chief of the Ukiah Fire Department shall file a copy of the change or modification together with a copy of this resolution with the California Buildings Standards Commission, and shall obtain an endorsed copy from said department to be filed with the City of Ukiah. PASSED AND ADOPTED, by the Ukiah City Council, County of Mendocino, State of California on November 3rd, 2010, by the following vote: PASSED AND ADOPTED by the Ukiah City Council on March 3, 2010, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk 5 City qj- U;tiah- ITEM NO.: MEETING DATE: 11b November 3, 2010 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING PORTIONS OF DIVISION 3, CHAPTERS 1 AND 2 OF THE UKIAH CITY CODE PERTAINING TO THE ADOPTION OF THE BUILDING CODES AND AMENDMENTS THEREOF. SUMMARY: On October 20, 2010, Staff reported to the City Council that the State had adopted new building codes and the City would be required to adopt an ordinance amending the City Code accordingly. The purpose of this Agenda item is to introduce an ordinance that would make amendments to the City Code provisions related to Building regulations. As indicated, the amendments are prompted by new building codes that were adopted by the State of California and will become effective on January 1, 2011. The proposed amendments to Division 3, Chapters 1 and 2 concern the adoption of the California Code of Regulations (Title 24) with appendices and amendments. The proposed amendments are summarized below along with background information. Proposed Amendments to Division 3, Chapter 1 and 2 (Building) The following list is a summary of the primary proposed changes: 1. References to various codes have been changed to reflect the Codes being adopted by the State. 2. In the Modifications to the Building Code section, amendments to the Building, Residential, Mechanical and Plumbing Codes were added to clarify and define when a permit expires. Continued on Paae 2 Recommended Action(s): Introduce ordinance by title only Alternative Council Option(s): Do not introduce ordinance and provide direction to Staff. Citizens Announcements sent to local architects, engineers, contractors, builders, advised: real estate professionals, and other interested persons. Requested by: David Willoughby, Building Official Prepared by: David Willoughby, Building Official Coordinated with: Jane Chambers, City Manager and Charley Stump, Director of Planning and Community Development Attachments: 1) Ordinance Approved: _ Z--~ J Chambers, City Manager BACKGROUND: Development in the methods and materials in the building industry and the degree of public safety required has constantly changed over the years. Because of this, the codes regulating buildings have also changed. In order to speed up the code changing process, California and other states have implemented a triennial review, modification, and adoption process. On January 1, 2011 California will enforce the new Title 24 Code of Regulations which includes the Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, Green Building Standards and the Referenced Standards Codes. California Building Standards (Title 24 Code of Regulations) are applicable to all occupancies throughout California, whether or not the local government takes an affirmative action to adopt those California Building Standards. By locally adopting an ordinance pertaining to Building Codes the City of Ukiah is: 1) Affirming the California Building Standards and 2) Able to add appendices and amendments to these Standards. Appendices: Adopting the appendices allows the City to include important regulations not contained in the body of the various codes. An example of this is Appendix J in the Building Code which addresses regulations for grading. Without adopting this the City would not have codes and standards to regulate grading operations. Amendments to Standards: Adopting amendments to the California Building Standards allows the City of Ukiah to establish more restrictive standards which are reasonably necessary because of local climatic, geological, or topographical conditions. If local amendments changing Title 24 regulations, other than administrative regulations, are adopted locally, the ordinance must be filed with the California Building Standards Commission before the changes to the Codes become effective. Since the only amendments staff is proposing for this code cycle are administrative changes, the ordinance does not need to be filed with the California Building Standards Commission and the changes will become effective 30 days from adoption of the ordinance. ENVIRONMENTAL (CEQA) DETERMINATION: Staff has determined that the code amendment project is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15061(b)(3) because based on the information contained in the record, it can be seen with certainty that there is no possibility that the code amendments would cause a significant effect on the environment. RECOMMENDATION: 1) Introduce the ordinance by title only amending portions of Division 3, Chapters 1 and 2 of the Ukiah City Code pertaining to Building regulations. Fiscal Impact: ❑ 10Budge /11 ted FY [I ANew ppropriation I-Xu ot Applicable 11 RBud eqiired Amendment N A1TAf.~'ll>~I~~ ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PORTIONS OF DIVISION 3, CHAPTERS 1 AND 2 OF THE UKIAH CITY CODE, PERTAINING TO THE ADOPTION OF THE BUILDING CODES AND AMENDMENTS THEREOF. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Ukiah City Code Sections 3000 to 3013 and 3030 to 1333 being part of Division 3, Chapters 1 and 2, of the Ukiah City Code, are hereby amended or repealed as follows. § 3000: ADOPTION OF MODEL CODES: Except as amended or modified by other provisions of this Division, the City Council hereby adopts by reference and makes effective within the City, the following: the versions of the Model codes and specific appendices, as listed and defined in Sections 3001 through 3011 of this Chapter, which have been adopted by the State of California within title 24 of the California Code of Regulations, as they are adopted, amended, or repealed from time to time pursuant to Chapter 2 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with section 17910) including the California Administrative Code, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code and the California Referenced Standards Code. § 3001: CALIFORNIA ADMINISTRATIVE CODE: The term "California Administrative Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Administrative Code" with the year of the edition designated. § 3002: CALIFORNIA BUILDING CODE: The term "California Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Building Code" including the following appendices: H (Signs) and J (Grading) with the year of the edition designated. § 3003: CALIFORNIA RESIDENTIAL CODE: The term "California Residential Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Residential Code" including the following appendices: H (Patio Covers), J (Existing Buildings and Structures), and K (Sound). § 3004: CALIFORNIA ELECTRICAL CODE: The term "California Electrical Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Electrical Code" with the year of the edition designated. § 3005: CALIFORNIA MECHANICAL CODE: The term "California Mechanical Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Mechanical Code" including all of the appendices with the year of the edition designated. § 3006: CALIFORNIA PLUMBING CODE: The term "California Plumbing Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Plumbing Code" including the following appendices: A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste and Vent Systems), D (Sizing Storm water Drainage Systems), G (Gray water Systems), I (Installation Standards), K (Private Sewage Disposal Systems) with the year of the edition designated. § 3007: CALIFORNIA ENERGY CODE: The term "California Energy Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Energy Code" including Appendix 1-A with the year of the edition designated. § 3008: CALIFORNIA HISTORICAL BUILDING CODE: The term "California Historical Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Historical Building Code" including Appendix A with the year of the edition designated. 2 § 3009: CALIFORNIA EXISTING BUILDING CODE APPENDIX CHAPTER Al: The term "California Existing Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Existing Building Code Appendix Chapter A1" with the year of the edition designated. § 3010: CALIFORNIA GREEN BUILDING STANDARDS CODE: The term "California Green Building Standards Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Building Standards Code" with the year of the edition designated. § 3011: CALIFORNIA REFERENCED STANDARDS CODE: The term "California Referenced Standards Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Referenced Standards Code" with the year of the edition designated. § 3012: JURISDICTION: The term "Jurisdiction" or "This Jurisdiction" as used in any of the model codes herein adopted shall mean the City of Ukiah. § 3013: ADMINISTRATIVE AUTHORITY: The term "Administrative Authority" as used in any of the model codes herein adopted shall mean the Building Official of the City. § 3030: CALIFORNIA BUILDING CODE SECTION 105.5 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. § 3031: CALIFORNIA RESIDENTIAL CODE SECTION R105.5 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of 3 the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. § 3032: CALIFORNIA MECHANICAL CODE SECTION 114.4 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. § 3033: CALIFORNIA PLUMBING CODE SECTION 103.3.4 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. SECTION TWO. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall be in full force and effect on January 1, 2011. Within fifteen days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within 15 days after its adoption. Introduced by title only on November 3, 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 Adopted on , 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk city oj--Wkiah ITEM NO.: 11c MEETING DATE: AGENDA SUMMARY REPORT November 3, 2010 SUBJECT: RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE OF A GRANT FROM THE WATER RECYCLING FACILITIES PLANNING GRANT PROGRAM. Background: On September 1, 2010 City Council approved the draft request of proposals for Engineering Services for the preparation of a Recycled Water Master Plan and authorized staff to distribute to Engineering Firms. Proposals were sent out on September 14, 2010 and were received at the Department of Public Works until 5 p.m. on October 12, 2010. Staff received 5 proposals from Engineering Firms and will request that City Council approve the selection committees' recommendation at a later time as the proposals are still under review. Discussion: Staff has identified a Grant Program through the California State Water Resources Control Board which will pay a maximum of $75,000 towards the preparation of a Public Agency's Recycled Water Master Plan. Authorization from the governing body of the City of Ukiah by way of resolution is required for the application into this grant program. Funds are budgeted for the current fiscal year in the fund shown below,should our grant application not be accepted. Fiscal Impact: Budgeted FY 10/11 F New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $150,000 WWTP Contractual Services 615.3580.250.007 $0 Recommended Action(s): Adopt the resolution authorizing the application and acceptance of a grant funds from the Water Recycling Facilities Planning Grant Program and direct staff to proceed with the application process. Alternative Council Option(s): None recommended Citizens advised: Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Jarod Thiele, Public Works Administration Coordinated with: Jane Chambers, City Manager Attachments: Resolution Approved: C Jan ambers, City Manager ATTACH RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ENDORSING THE APPLICATION OF GRANT FUNDS FOR IMPROVEMENTS RELATED TO THE RECYCLED WATER MASTER PLAN WHEREAS, the City of Ukiah (City) operates and maintains water, sewer, electrical and storm water utilities infrastructure; and WHEREAS, from time to time regional, state and federal agencies make available grant and loan funding to support activities that allow for improvements to the City's infrastructure; and WHEREAS, the City wishes to take advantage of funding opportunities when the purpose of the funding program aligns with the City's goals for providing service. NOW, THEREFORE BE IT RESOLVED by the City Council hereby: 1. Authorizing and encouraging the filing of grant and loan applications that support the City's purpose and mission; and 2. Authorizing and designating the Director of Public Works to sign such grantor loan applications; and 3. Authorizing and designating the Director of Public Works as its representative in negotiations with various funding agencies for the purpose of securing funding for City's activities. PASSED AND ADOPTED this 3rd day of November, 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne M. Currie, City Clerk