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Home My WebLink About2011-06-01 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 1, 2011 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation: U.S. Army Week b. Proclamation: 20th Anniversary of Sundays in the Park C. Presentation: Ukiah Airport Day June 11, 2011 d. Presentation: "State of the Pavements" by Phil Dow and Nephele Barrett, MCOG 4. PETITIONS AND COMMUNICATIONS 6. APPROVAL OF MINUTES a. Regular Council Meeting of 5/18/11 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. Mendocino Solid Waste Management Authority (MSMWA) Annual Report, Budget Review Of Fiscal 2010/2011, And Proposed Budget For Fiscal 2011/2012 b. Report To Council For The Purchase Of Laserfiche Maintenance/Support From ECS Imaging For The Period Of 6/20/2011 thru 6/19/2012 In The Amount Of $5,376.00 C. Approval Of Notice Of Completion For The Riverside Park Phase One Grading Project, Specification No. 10-13. d. Notification To City Council Of The Purchase Of A Laboratory Refrigerator For The Wastewater Treatment Plant Laboratory From Helmer, Inc, In The Amount Of $5562.58. e. Approval Of Publishing Services By Ukiah Daily Journal For Fiscal Year 2011/2012, In The Amount Of $6.25 Per Column Inch For The First Insertion And $4.26 Per Column Inch For Additional Insertions Of The Same Advertisement, Plus A Non -Optional First Run Online $1.25 Charge f. Notification Of Purchase Of A Cisco Secure Access Control Server Appliance From AT&T Datacom For $8,014.57 g. Report To Council Of Contract To HF&H Consulting In The Amount Of $5,227.50 For Preparation Of Fiscal Information Related To Pending Discussions With Ukiah Valley Sanitation District Regarding Detachment Of Overlapping Service And Customer Areas h. Authorize Additional $600, Plus DMV Fees, Expenditure Towards The Approved Purchase Of Used Utility Truck In An Amount Up To $24,000 With Funds Already Budgeted For Fiscal Year 2010/2011 And Corresponding Budget Amendment, Bringing The Total Amount To $24,600 Plus DMV Fees. i. Authorization Of City Manager To Sign Two Letters Of Intent Regarding Comprehensive Efficiency And Conservation Measures Program With Honeywell International Related To Four Capital Project Components: Letter #1 Includes Replacement Of Water Meters, Installation Of Leak Detection Equipment; Energy Saving Retrofits And Refurbishment To Conference Center; Biogas Cogeneration At Waste Water Treatment Plant. Letter #2 Includes Ukiah Municipal Golf Course Irrigation Improvements, Renovation And Driving Range Creation j. Authorize The Electric Utility To Issue A Rebate From The City Of Ukiah's Energy Conservation Program For The Ukiah Players Theatre HVAC Upgrade Project And Authorize The City Manager (Or Her Designee) To Negotiate And Execute All Of The Related Agreements. 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. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Award Of Contract For Gobbi Street Electric Substructure Project, Specification No 11-06, To Valley Utility Service In The Amount Of $344,979.25. (EUD) b. Reject Bid For Riverside Park Phase One Trail And Revegetation Project Specification No. 11-04 And Approve Specification No. 11-09. C. Approve Acquisition Of Professional Consulting Services From Green Valley Consulting Engineers In The Amount Of $20,025 For Design, Construction Management, And Inspection Of A Guard Rail For The Babcock Lane Bridge Approach, Authorize City Manager To Execute Amendment To Contract, And Approve Budget Amendment 13. NEW BUSINESS a. Authorize City Manager To Renew And Sign Contract For Three -Year Master Microsoft Server And PC Software Licensing Agreement With Dell Computers, Inc. For $38,231.71 Per Year For A Three Year Period. b. Adoption Of Resolution In Support Of A 1/8 Cent Sales Tax Measure For The November 2011 Ballot To Support Mendocino County Libraries C. Approve City Council Response To Grand Jury Report Titled: "Ricochet Bullets—No Problem!" 14. CLOSED SESSION — Closed Session may beheld at any time during the meeting a. Conference with Legal Counsel —Existing Litigation Government Code Section 54956.9 Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183 b. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Electric, Miscellaneous, Management, and Department Head Units C. Conference with Real Property Negotiators (§ 54956.8) Property: 3495 Taylor Drive Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and David Koball and Amy Smith 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 27th day of May, 2011. JoAnne Currie, City Clerk 3a PROCLAMATION UNITED STATES ARMY WEEK JUNE 11-17,2011 Whereas: The United States Army was established by the First Continental Congress on the 14th day of June, 1775; and, Whereas: The United States Army exists to defend the freedom of our citizens and our nation's security interests; and, Whereas: Many citizens of Ukiah have served their nation and given the ultimate sacrifice in defense of our freedoms, as members of the United States Army; and, Whereas: It is proper to recognize the United States Army annually on its birthday, and to thank those who have served and those who are presently serving. NOW, THEREFORE, I, Mari Rodin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Douglas F. Crane, Benj Thomas, and Mary Anne Landis hereby proclaim June 11 through 17, 2011, as United States Army Week in Ukiah, and exhort all citizens to join with me in this salute to express our gratitude to those who have served and those who are now serving to protect our Nation and its freedoms. Signed and sealed, this 1st day of June, in the year Two Thousand and Eleven. ✓Hari Rodin, .1{lador 3b PROCLAMATION SUNDAY'S IN THE PARK, TWENTIETH ANNIVERSARY WHEREAS, each summer, thousands of families and friends gather in beautiful Todd Grove Park to enjoy six free concerts that showcase a diverse genre of performers. After 19 years the Sundays in the Park series has become a cherished local tradition. It has also become the highest attended event in Mendocino County where families and friends gather from all walks of life to listen, dance, eat and enjoy a true sense of community. This year the series will celebrate its twentieth anniversary, and WHEREAS, the City would like to recognize and thank the local businesses and community members whose dedicated sponsorships make this event series possible, and WHEREAS, the concert's have been voted "The Best Free Entertainment in Mendocino County' many times, the true essence of the series is the people, the children, the families and the sense of who we are as a community when we come together. Folks from all walks of life come and bring their friends, their neighbors, and their out of town guests to have fun and enjoy a wide variety of music. Regardless of your age, race or social class there is always a place for you. In such a diverse community Sunday's in the Park allows for its members to co -exist harmoniously, if even for just a few hours. WHEREAS, there have been over 120 musical groups and hundreds of local businesses that have generously supported the series. It is estimated that a total of 10,000 to 15,000 people attend the series each summer. Many members of the community schedule their vacations around favorite acts playing during the series. Over the years attending the series has become a tradition and for many of those who were kids when the series began, they now bring their kids to run around, play and dance at the event. NOW, THEREFORE, I, Mari Rodin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, do hereby designate the summer of 2011, as the TWENTIETH ANNIVERSARY OF THE SUNDAY'S IN THE PARK CONCERT SERIES and urge all community members to get out to Todd Gove Park and enjoy a concert this summer. Signed and sealed, this 1st day of June in the year Two Thousand and Eleven. Mari Rodin, Mayor FREE PARKING FREE ADMISSION Saturday June' D `^ I Oam ® 3pm Come see the many ways the Ukiah Airport serves our community *Private an4 Corporate eying Tackaq.e Delivery *Air AwWance Fire Fighting Search 2n4 Rescue *Local Businesses THE DAYS EVENTS INCLUDE: FLYING DEMOS -BUY AN AIRPLANE RIDE •UNUSUAL AIRCRAFT ON DISPLAY -WARBIRDS, EXPERIMENTAL AIRCRAFT • CAL FIRE TANKERS -CAL STAR -US COAST GUARD. LOCAL CAR CLUBS HOT RODS -JUMP HOUSE WATER SLIDE "FOOD AND DRINK BY LOCAL NONPROFITS, AND LOCAL BUSINESSES Questions? Call the Ukiah Airport 707-467-2855 E-mailus at; airportday@cityofukiah .com l `fir 4:6 Al fr- 'Ile riful, bitj 1341,'1 lt$ru)qw-4 -Wit , 1, � *t a,: 4i, luAncy A JA"AU.VY fJ- A )H Ulkll %A-') aoq 44 I -A - -RA �1*1-11 -ov Elio r-) 'a- ul s. . M. •,"I jv- aw C�-- What Is A Pavement rh Management Program? A tool to make cost-effective decisions about streets Answers 4 main questions: — What does Ukiah have in the street network? — What condition is it in? — What repairs are needed and when? — How much money is required to maintain or improve streets cost-effectively? — Cost-effective use of existing funding We use MTC's StreetSaver® software I' Capabilities of StreetSave" • Allows different maintenance strategies • Analyzes impacts of different funding scenarios and measures: — Resultant pavement conditions — Deferred maintenance — % of pavements in good/fair/poor conditions I' Benefits of Good Pavemer #ry • Allows policies providing for — Sustainable communities — Environment — Local economy • Creates an acceptable quality of life for residents and visitors — Smoother rides — Lower maintenance costs for vehicles • Ensures taxpayer's investment in transportation infrastructure is protected 1A r. General Information t5 • 53.5 centerline miles • Estimated $54 million investment Functional Class Total Miles Res idential/Local 32.5 ,1 2 Cry PCI Descriptions e Condition Description No or little distress, with the exception of utility patches in good condition, or minor to moderate hairline cracks; Typically lightly weathered. No treatments assigned if PCI > 90. Light to moderate weathering, light load -related base failure, moderate linear cracking 250-49 Poor Moderate to severe weathering, light to moderate levels of base failure, moderate to heavy linear cracking. PMExtensive weathering, moderate to heavy base failure, failed patches, extensive network of moderate to heavy linear cracking. [fi 2010 Average PCI Average PCI = 54 PCI Range = 0 to 100 Good (70-100) ® Al Risk (50-69) QPool -49) Q Faailediled(0-24) '% of pavement area m to PCI by Functional Class `r of pavement area ,t Good (70-100) c ::ax At Risk ) ® Poor (25-49)-49) Failed (0-24) 5 C6 Historical PCI Class 2001 2006 2010 Arterials 64 56 59 Collectors 65 59 56 Residentials Total 69 67 58 51 58 54 m 14 PCI by Functional Class `r of pavement area ,t Good (70-100) c ::ax At Risk ) ® Poor (25-49)-49) Failed (0-24) 5 How Do Other Agencies Compare? 100 100 90 87 80 92 84 80 N 330 72 76 66 70 q .2 8 S26 60 n 50 40 60 30 20 10 0 Mendocino Willits Ukiah Fort Bragg PointArena County Note: PCIs are from 2010 survey data. m 16 Unconstrained Budget ;3.7 M/vear for 10 vears $40 100 $36 87 80 92 84 60 N 330 72 76 66 80 70 q .2 8 S26 64 66 61 64 60 $20 60 40 8 110.2110.5 110.9 30 310 f9.6 f8.2 f9.7 57.9 20 S6 $5.6 .110 SO 30.0 0 ,O � 1 1' ^t. 5 6 1 0 9 �O tio tio tio^ tio tio tio^ ,So^ tio^ tio^ tio^ tio 6 a E C Maintain PCI at 54, $1.6 M /year is needed $6o too f36 60 80 f30 a f27. 70 e �'p f36 f2t.7f f. d { K f5 K K f21.) $227 66 - f $20 60 0 $16.6 8 f16 311.2 f15.t 10 ft1.7 30 f10 0 20 f6 t0 $0 0 2010 2011 2012 2013 201/ 2015 2016 2017 2018 2018 2020 f 130,—d Maintenance �Pav ant Conditbn Index (PCU fir.. Existina Budaet ($1M /year S40 too $36 $36.6 $31.8 90 $30 f 8 80 $26.8 70 tS # f26 K 60 $22.6$ 6 80 e f L s20 63 61 60 60 m n516,3$17.3 $+a.+ 8 E 8 $16 do c E _ ft2.3 30 s10 d 20 56 10 300 20102011201220132016201620162017201820182020 7 How Did We Get Here? 'h �,� - Pavements are deteriorating v w rapidly •Asphalt prices 372' have increased five -fold since a » 1999 • Funding has not kept up V, Questions? Questions? 11 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 5/18/2011 1. ROLL CALL Ukiah City Council met at a Regular Meeting on May legally noticed on May 13, 2011. Mayor Rodin c 1. Roll was taken with the following Councilme Baldwin, and Mayor Rodin. Councilmemb . abs Manager Chambers, Assistant City Mana, Sangiac Clerk Currie, Community Services Admi >` - or Merz, of Human Resources Harris, Director anning and Director of Public Works and City Engin riksen, ani 2. PLEDGE OF ALLEGIANCE David Vilner led the Pledgemance. 3. P 4. P 5. 6. 7. APPROVAL 01 MINUTE v a. Regular C I Meeti ;, of 5/4/11 a J"A Item 5a E011, the notice for which being meeting to order at 6:05 pm. kesent: Landis, Thomas, Crane, None. Staff Present: City o ity Attorney Rapport, City Direc > . r Finance Elton, Director Comm � : ft:. Development Stump, i Project/ dministrator Mills. Regular Council Meeting of 5/4/11, as a. Repo # Disburser nts For The Month Of April 2011 b. Adoptio Ordin a Amending Portions Of Division 3, Chapters 1 And 2 Of The Ukiah Cit d ining To The Adoption Of Appendix G In The 2010 California Building Co - d Repealing Existing Flood Plain Management Regulations Contained In C pter 6, Division 9 Of The City Code C. Adoption Of Resolution Approving And Incorporating The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, Flood Boundary And Floodway Maps And Related Supporting Data Along With Any Revisions Thereto As Of July 19, 1982. d. Item pulled from Agenda. e. Approval Of Memorandum Of Understanding Between The Mendocino County Local Agency Formation Commission And The City Of Ukiah For The Preparation Of The City Of Ukiah Municipal Service Review f. Approval Of Notice Of Completion For Manhole Rehabilitation & Sewer Pipe Page 1 of 6 5/18/2011 Relining Specification No. 10-11 g. Authorize The Electric Utility To Issue A Rebate From The City Of Ukiah's Photovoltaic Incentive Program For The Ukiah Community Center/Food Bank's 29.4 Kw Photovoltaic Grid -Tie System And Authorize The City Manager (Or Her Designee) To Negotiate And Execute All Of The Related Agreements And Approve The Corresponding Budget Amendments M/S Crane/Thomas to Approve Items 7a -7g. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None 9. COUNCIL REPORTS Councilmember Thomas reported on his trip p shington DC, which included a lobbying and information sharing effort along .;ern California Power Authority (NCPA). May 4, Councilmember Thomas at ' a M ft. cino County Library Advisory Board meeting. A topic of discussion was — ential ballo 1} 'ative to increase sales tax to help support libraries. The item has through the firs :fading at the Mendocino County Board of Supervisors. Thoma ' quests endorsement 'ty he ballot initiative be added to a June agenda. w Councilmember Landis reps Supervisors meeting will be initiative. Councilmember boundaries that the City limit 9J Mayor Rodin reps; a. Adopt Resolution Declaring The Property And Warehouse Structure Located At 292 East Gobbi Street A Public Nuisance And The Intent To Commence Abatement Proceedings Director of Planning and Community Development Stump presented the item. Since the staff report was written the structure was demolished; a new resolution was submitted to City Council. Recommended Action(s): Adopt the Resolution declaring the dilapidated warehouse structure located at 292 East Gobbi Street to be a public nuisance and the City's intent to commence with abatement of the building. MIS Crane/Landis to approve Recommended Public Comment Opened 6:25 pm Public Speaking to the item: Lisa Ma for the homeless people who called g Change Order rd, expressed her concern None bers Landis, ENT: None. Jon Engineered Steel s Bid Alternate #1) tion To $543,778 And Budget Amendments %ineerto MPI and Assistant City Manager Sangiacomo edA � (s): Approve Change Order #1 for Anton e,�l uilding Specification No. 11-02 (Phase 1 ending tdt&.lYamount awarded to Ferranti Construction to . Manager to make any necessary budget amendments MCity funds, and approve authorizing staff to approve > i he amount of 10% of the new contract amount whichever is greater, if necessary, without further Council e read a statement for the record, which is attached. Public Comment opened 6:54 pm Public Speaking to the Item: Bob Hardy, member of stakeholders group and John Frank, SHN, construction managers for the project. Public Comment Closed 6:58 pm MIS Baldwin/Landis to approve Recommended Action. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas, and Baldwin. NOES: Councilmember Crane and Mayor Rodin. ABSENT: None. ABSTAIN: None Page 3 of 6 5/18/2011 C. Report On $3 Million Grant Award For Grace Hudson Cultural Center Project Community Services Administrator Marsolan and Museum Director Smith -Ferri presented the item. Recommended Action(s): Receive report on grant award for Grace Hudson Cultural Center. Public comment opened 7:16 pm Public Speaking to the Item: Lisa Mammina requested the homeless be considered on a future agenda with the fencing of the Grace H < <son Park. Public comment closed 7:19 pm City Council received the report. d. Discussion And Direction On River106 Park Community Services Administra ., arsolan presented tf, .'tem. Ann Baker and Marsolan provided a PowerPoint sentation. Recommen ction(s): Receive status report and direct staff toerfect the a erred Concept (attachment #4 of the s report) as Na R o the Riverside - rk Conceptual Plan so that staff may c�'ia n the prep A_MJn of grant application process. Public Comment opened Public spe osition Audubo iety suppo Fine, tra concerns, , ne H Comment coed 8: City forts 1 f1ifies: Roger Foote, Peregrine thr ,v. 01 (preferred concept); Ernie Vishnu 0 parking is enough. four eball fields: JR Ashcraft, Ukiah Youth Little �ir�rtten Reed Rinehart, President Ukiah Youth usan Knopf and Lisa Mammina. with the following comments: Councilmen1%MVIdwin supports concept 1 but can live with the preferred concept, an onsite carr, locate the mini -dog park where remote car track was, has a traffic and parking concern with expansion of sports, supports parking south of the BMX track, and disallow amplified sound. Councilmember Thomas supports the preferred concept. Councilmember Landis supports the preferred concept. Councilmember Crane supports narrow parking that wraps around the fields and acts as a separator between active and passive use, a 4 field layout, and an onsite caretaker. Page 4 of 6 5/18/2011 Mayor Rodin supports the preferred concept and an onsite caretaker. Recessed 8:47 pm and Reconvened 8:53 pm 13. Adji pm. 14. e. Approval To Use Up To Three Parking Spaces For The Bike Corral And Outdoor Dining Pilot Project And Authorization To Negotiate And Execute A Conditional Encroachment Permit With Patrona Restaurant And Lounge For The Use Of The Area For Outdoor Dining. Assistant City Manager Sangiacomo Engineer Eriksen presented the item. temporary use of up to three parking Street and Standley Street and 2) Autl conditional encroachment permit wit temporary use of the area for outdoold Public Comment opened at 9:21 Public Speaking in opposition to the It'd Nicholas Thayer and N ple Martensen the letter written by Nic ayer and and Di H Co for of Public Works and City ed Action(s): 1) Approve the the northwest corner of School staff to negotiate and execute a staurant and Lounge for the hember Lant mina, for the a letter from agrees with JYft Actions 1 and 2. YES: Councilmembers Landis, uncilmember Crane. ABSENT: Ukiah Redevelopment Agency at 9:28 Con ce with L ( Counsel -Existing Litigation Gover x ` > t Code tion 54956.9 Name of e' Valley Sanitation District v. City of Ukiah, SCUK1057183 Conference or Negotiator (§ 54957.6) Agency Repre tative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Electric, Miscellaneous, Management, and Department Head Units C. Conference with Real Property Negotiators (§ 54956.8) Property: 3495 Taylor Drive Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and David Koball and Amy Smith Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§ 54956.8) Property: Parcel located between Waugh Lane and Perkins Street Page 5 of 6 5/18/2011 Negotiator: Jane Chambers, City Manager Negotiating Properties: City of Ukiah and, NCRA Under Negotiation: Price & Terms of Payment Reconvened in Open Session at 10:30 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:30 pm. JoAnr Page 6 of 6 5/18/2011 The Art of Agenda Summary Report Writing 5/18/11 As part of the art of selling, ASRs sometimes leave out the reasons to not buy an idea or a product. In the case of the replacement Anton Stadium building there are some points that should be considered that do not appear in the ASR. The plans and specifications call for precast concrete tiers and stairs. The award of the contract by City Council to the low bidder was based on those plans and specifications. Community members put together the plans and specifications with the goal of a durable structure that could serve the community for many decades with minimal maintenance. As you may recall the original stadium was lost due to a lack of maintenance, so minimizing the need for maintenance is a benefit. Concrete is more durable than wood, not combustible, not bug food, does not dry or wet rot, is less subject to damage from vandalism. The wood "seating" referred to in the ASR is the front edge of the tiers that are/were to be 3' wide by 14" tall precast concrete units, like stair tread and riser units. It is somewhat misleading to characterize the tiers as seats since they are really the floor and riser that people could sit on until the long term seating is installed. The long term goal for seating was steel brackets secured to the tiers supporting wood seats and back rests, a great service club or community project in the future. The declared advantage of the ability to remove the wood flood/tiers to replace the wood or for access to the structure below as for cleaning or maintenance overlooks the need for more maintenance with the wood. Not a benefit. At our last Council meeting Staff suggested a demountable system for the test decking for the School Street parking space conversion with a material cost of over $83 per square foot. The precast tier and stair materials cost less than $23 per square foot delivered to the job from the manufacturer, including sales tax for a permanent installation. Maybe with RDA dollars $83 is a bargain since RDA dollars are more plentiful and may be going out of existence. As awarded the entire structure would be incombustible, Type II construction. If wood replaces the precast the construction will drop to Type V, the lowest in the California Building Code. The community should have a durable building not a cheap building. My preference is for the more durable solution"Where do we find the will and the funds to accomplish that? Respectfully submitted, Douglas Crane ITEM NO.: 7a MEETING DATE. AGENDA SUMMARY REPORT June 1, 2011 SUBJECT: MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSMWA) ANNUAL REPORT, BUDGET REVIEW OF FISCAL 2010/2011, AND PROPOSED BUDGET FOR FISCAL 2011/2012 Background: Pursuant to the joint powers agreement, the Board of Commissioners of the Mendocino Solid Waste Management Authority (MSWMA) adopts a proposed budget for the upcoming fiscal year and refers it to the member jurisdictions for any comment. Discussion: Attached are MSWMA's annual report and proposed budget for Fiscal 2011/2012 for City Council's review and possible comment. Fiscal Impact: ❑ Budgeted FY 08/09 ❑ New Appropriation ❑X Not Applicable ❑ Budget Amendment Required Recommended Action(s): Accept the Report. Alternative Council Option(s): Remove from Consent Calendar to discuss/comment. Citizens advised: Mike Sweeney, MSMWA Requested by: Jane Chambers, City Manager Prepared by: Linda Brown, Admin Asst. to the City Manager Coordinated with: Attachments: MSMWA Annual Report/Budget Review Approved: Ja Chambers, City Manager Management Authority A joint powers public agency May 18, 2011 Mayor Mari Rodin City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: MSWMA annual report and budget review Dear Mari: ATTACHMENT General Manager P.O. Box 123 Ukiah, CA 95482 (707) 468-9710 sweeney@pacific.net Enclosed is MSWMA's annual report which includes the budget for FY 2011/12 as proposed by the MSWMA Board of Commissioners on May 11, 2011. Pursuant to the joint powers agreement, each MSWMA jurisdiction may review the budget and provide any comments it wishes to the MSWMA Board of Commissioners prior to fmal adoption. Please let me know if this item appears on a City Council agenda so that I can attend. Sincerely, �4t ((R,— Mike Sweeney General Manager Enclosure cc: City Council members City Manager Mendocino Solid Waste Management Authori Annual Report / Budget Review May, 2011 BAN THE BAG: Sage Sorensen of the Ukiah High School Environment Club wears the "bag monster" costume rented by MSWMA to show how many throw -away plastic bags are used by the average American each year. MSWMA 2011 annual report & budget review — page 1 Summary MSWMA moved ahead with planning for a new HazMobile base facility in Ukiah. Support for the jurisdictions' proposed ordinances to ban plastic carryout bags will be a major project for MSWMA. The first year for MSWMA serving as solid waste contract administrator for the County of Mendocino was extremely busy. MSWMA. has sponsored AB 384 that will provide a potential site for a Fort Bragg - area transfer station. An austerity budget is planned for 2011-12 to allow continuation of MSWMA services within available resources: Programs HazMobile. Our three -county household hazardous waste service (Mendocino, Lake and northwestern Sonoma) registered a total vehicle count of 6,874 in 2010, a decline from the previous year that probably resulted from low economic activity, particularly concerning resale of houses. The HazMobile is staffed by three full-time technicians, a decrease of one from the previous year, assisted occasionally by temporary help. To, reduce crowding at collections, customers are encouraged to visit the permanent oil drop-offs and use the HazMobile only when they have other hazardous wastes to dispose of. With only one collection per month, the Lake County collections experience the largest participation. County contract administration. In August, 2009, the County of Mendocino asked MSWMA to assume administration of the 11 County's solid waste franchise and hauling contracts. The first year of this duty was extremely busy with development of new contracts with Solid Wastes of Willits to assume operation of six County -owned transfer stations. Paint recycling continued to be a popular program in 2010 with 8,140 gallons of discarded latex paint received by the HazMobile, processed by MSWMA for reuse and distributed free to the public. Demand for our paint exceeds supply. In addition, MSWMA operates a "Free Store" at our base facility in Ukiah for household products received by the HazMobile that are reusable in their original containers. Electronics recycling changed substantially because the private operators of the. Ukiah and Willits Transfer Stations took over the function as "collector" at their facilities which entitled them to receive the state reimbursements formerly paid to MSWMA. This reduced MSWMA income significantly and caused the MSWMA Board of . Commissioners to increase the surcharge from $4.50 to $5.00 per ton effective January 1, 2010. This partially replaced the lost revenue. Appliance hazardous waste removal continues to be a major activity that requires considerable allocation of MSWMA resources. Our staff removes freon refrigerants, MSWMA 2011 annual report & budget review —page 2 lubricating oils, and mercury -containing switches from 3,680 appliances in 2010. -S-VR&A—provides-this-cervi-ee-at no-charge-to-the-transfer-stations,—lrrorder-to-reduce--th cost to the public of disposing of old appliances. Sharps disposal was taken over by MSWMA in 2008 following termination of this activity by the County Public Health Department. In cooperation with the transfer stations, MSWMA provides a free disposal drop-off for household sharps and has begun to accept business -generated sharps for a pass-through fee. Illegal dump cleanup requires consistent attention to prevent an accumulation of trash on county roads. Numerous citizen complaints of dumping are referred to MSWMA each year. MSWMA carried out 203 roadside illegal dumping cleanups in 2010. In addition, MSWMA carries out larger cleanup projects like the railroad right-of-way north of Ukiah. MSWMA has acquired specialized equipment and techniques to safely deal with dumping on steep slopes. Transfer. station development in the central coast area has been managed by MSWMA with the goal of replacing the inefficient "pod" trucks and debris -box -hauls with a conventional transfer station. Assemblyman Wes Chesbro agreed to sponsor MS WMA's AB 3 84 to provide an option for a potential site on Jackson State Demonstration Forest. The bill has passed the Assembly and is expected to win Senate approval as well. At that point, the siting process can move ahead. Plastic carryout bag bans have been given conceptual approval by Fort Bragg, Ukiah and the County. To minimize the possibility of litigation, environmental impact reports are necessary. MSWMA will prepare the EIRs, using similar EIRs from other California jurisdictions as starting points. Reporting, planning & compliance with complex state requirements on waste diversion has been provided by MSWMA for our member jurisdictions since 1992. This includes filing the annual reports to the CIWMB, tracking disposal tonnage, and most recently, assisting the City of Fort Bragg and County of Mendocino in the central coast transfer station siting project. MSWMA also assists member jurisdictions in contract issues with franchised haulers and transfer station operators, upon request. Free tire recycling using state grant funding is another MSWMA program that helps control illegal dumping. This annual event at four disposal sites around the county collects about 8,000 tires without charge for recycling.` A new grant for $22,971 was. received for free tire collection events in 2011. Recycling information & promotion has been provided by MSWMA since 1992 to help the public take advantage of waste diversion programs and help the jurisdictions comply with state recycling mandates. Our printed Recycling Guide will be condensed to point the public toward our website, www.MendoRecycle.org, and the Recycling Hotline. MSWMA 2011 annual report & budget review — page 3 MSWMA's office manager serves as our recycling outreach representative, doing site visits on request. Site development for our new HazlVlobile base facility at 3200 Taylor Drive, Ukiah moved ahead with a contract for design, engineering and construction drawings from DobleThomas & Associates, to be done in June, 2011. MSWMA has applied for a state Household Hazardous Waste Grant to help fund construction. A decision on whether and when to proceed to construction bids will be made later in 2011. Organization--------------------------------------------- The Mendocino Solid Waste Management Authority is a joint powers authority established in 1990 by the County of Mendocino, City of Ukiah, City of Fort Bragg and City of Willits, for the purpose of carrying out activities of mutual benefit in the solid waste field. MSWMA is governed by a Board of Commissioners consisting of two county supervisors and one councilmember from each city. Current board members are: Meg Courtney, City of Fort Bragg (chair) Victor Hanson, City of Willits (vice -chair) Mary Anne Landis, City of Ukiah John Pinches, County of Mendocino Dan Hamburg, County of Mendocino MSWMA has five full-time employees --a general manager, three hazardous waste technicians, and an office manager. 2010-11 Budget The MSWMA Board approved a proposed 2011-12 budget on May 11, 2011, and referred it to the member jurisdictions for comment. This is an austerity budget that includes no pay increases and reductions in several expenditure lines. The following 4 pages contain: 1. Proposed MSWMA revenue budget 2. Proposed MSWMA expenditure budget 3. Income & expenditure detail notes MSWMA 2011 annual report & budget review — page 4 PROPOSED MSWMA BUDGET, 2011-12 FISCAL YEAR (See expenditures on next page) MSWMA 2011 annual report & budget review — page 5 Revised 2010-11 budget Proposed 2011-12 budget INCOME 1 County services payment 85,327 85,327 2 Employee health premiums 4,200 4,200 3 Electronics recycling income 0 0 4 HHW service 150,000 130,000 5 Interest 2,000. 1,500 6 Recycling block grant 50,000 25,000 7 Revenue, misc. 5,000 5,000 8 Sales, compost bin 1,000 0 9 Surcharge 310,000 287,000 10 Tire Grant income 16,000 23,000 .11 Used oil block grant income 30,000 30,000 12 Transfer from reserve fund 12,000 0 13 Sale of surplus truck . 0 0 14 Willits Transfer station contract fee 7,000 7,000 15 TOTAL INCOME 6729527 598,027 (See expenditures on next page) MSWMA 2011 annual report & budget review — page 5 MSWMA GENERAL FUND BUDGET, 2011-12 FISCAL YEAR -- continued MSWMA 2011 annual report & budget review - page 6 I EXPENDITURES Revised 2010-11 Proposed 2011-12 16 Advertising 3,000 500 17 Audit 6,200 6,200 18 CPSC dues 100 500 19 Compost bin purchases 0 0 20 County A-87 service charges 35,997 0- 21 Electronics recycling costs 1,000 0 22 Fuel 6,500 6,500 23 Health insurance 49,200 49,200 24 HHW disposal expense 100,000 110,000 25 HHW facility costs & development 12,000 10 26 HHW supplies 16,000 16,000 27 Illegal dump fees & cleanup costs 22,000 7,000 28 Liability insurance 16,000 13,000 29 Miscellaneous 5,000 4,000 30 OSHA penalty 13,000 0 31 Office supplies 7,000 7,000 32 Oil grant expense 5;000 5,000 33 Payroll expense, regular 250,000 230,000 34 Payroll, Used Oil Recycling Grant 27,000 27,000 35 Pension SEP -IRA 23,400 24,000 36 Pollution insurance 7,600 7,600 37 Postage 600 600 38 Printing 2,000 700 39 Recycling Block Grant Expenditure 15,000 0 40 Rent 4,800 4,800 41 Sales tax 0 0 42 Telephone (communications) 5,500 5,000 43 Tire recycling amnesty collections 16,000 20,000 44 Training fees 3,000 1,500 45 Trash disposal 0 2,500 46 Transfer to depreciation reserve 14,000 14,000 47 Vehicle maintenance 15,000 8,000 48 Vehicle mileage 5,000- 3,500 49 Worker's compensation insurance 23,500 23,500 50 TOTAL EXPENDITURES 710,297 597,600 51 NET (37,770) 427 MSWMA 2011 annual report & budget review - page 6 LINE ITEM DETAIL DISCUSSION TITNITL T 1. County services payment. Per MSWMA contract with Mendocino County for contract administration. Reduced by $4,148 discount per Board action 3/3/11. 2. Employee health premiums. Anticipated revenue at $50 per covered employee or dependent. 3. Electronics recycling income. Expected to end now that private haulers have taken this over. 4. HHW Service. Charges to Lake County, Sonoma County, businesses, and households with HHW over the daily limit. 5. Interest. Paid by County Treasurer and Savings Bank. 6. Recycling block grant. Pooled grants to MSWMA members from CalRecycle. 7. Revenue, miscellaneous. Mostly scrap metal sales. 8. Sales, compost bin. This program is being discontinued because of widespread availability of comparable compost bins at local businesses. 9. Surcharge. Based on new surcharge of $5.00/ton effective January 1, 2010. 10. Tire Grant income. Expected reimbursement from annual grant from CalRecycle. 11. Used oil block grant income. Pooled grants to MSWMA members from CalRecycle 12. Transfer from reserve fund. For development costs at new HazMobile site, which cannot be anticipated at this time. 13. Sale of surplus truck. Completed 09-10. 14. Willits transfer station contract administration fee. Paid for contract administration pursuant to.County-FB-Willits contract with SWOW. EXPENDITURES 16. Advertising. HazMobile ads and other miscellaneous ads, to be reduced in number. 17. Audit. Annual audit by outside CPA. 18. CPSC dues. California Product Stewardship Council if Board wishes. 19. Compost bin purchases. None planned. 20. County A-87 service charges. MSWMA ceased using Auditor -Controller for checks and deposits in December, 2009. 21. Electronics recycling costs. None anticipated. 22. Fuel. Covers 3 trucks based at HazMobile facility. 23. Health insurance. Covers 5 full-time employees and opt -out agreement for 1. 24. HHW disposal expense. Vendors who haul away different categories of HHW for disposal or recycling. 25. HHW facility costs & development. Cannot be anticipated at this time. 26. HHW supplies. 27. Illegal dump fees & cleanup costs. Hiring equipment contractors for large cleanups. MSWMA no longer pays for county abandoned vehicle program trailer demolition. 28. Liability insurance. $10 million from Special District Risk Management Authority. MSWMA 2011 annual report & budget review - page 7 29. Miscellaneous. 30. OSHA penalty. Fine for 2007 accident n id in 7010_ 31. Office supplies. 32. Oil grant expense. Mostly used oil recycling charges for transfer station dropoff tanks. 33. Payroll expense, regular. 'Salaries, wages and payroll taxes not included in (34). 34. Payroll, Used Oil Recycling Grant. Portion of payroll charged under this grant. 35. Pension SEP -IRA. MSWMA contribution to Simplfied Employee Pension -Individual Retirement Accounts for employees with 3 years' service. 36. Pollution insurance. $1 million policy. 37. Postage. 38. Recycling Block Grant expenditure. Zero because this effort included in other expenditure lines. 39. Printing. Smaller recycling guide will refer public .to our website for details. 40. Rent. MSWMA office, 101 W. Church St. Ukiah. 41. Sales tax. For compostbin sales. 42. Telephone (communications): Telephones, internet, web site. 43. Tire recycling amnesty collections: Paid 100% by state tire grant line (10). 44. Training fees. OSHA -mandated training, physicals, drug testing. 45. Trash disposal. 46. Transfer to depreciation reserve. 47. Vehicle maintenance. 48. Vehicle mileage. Paid at IRS rate for use of employee vehicles. 49. Worker's compensation insurance. With Special District Risk Management Authority. MSWMA 2011 annual report & budget review — page 8 ITEM NO.: MEETING DATE: city ,f:zrafr. AGENDA SUMMARY REPORT 7b June 1, 2011 SUBJECT: REPORT TO COUNCIL FOR THE PURCHASE OF LASERFICHE MAINTENANCE/SUPPORT FROM ECS IMAGING FOR THE PERIOD OF 6/20/2011 THROUGH 6/19/2012 IN THE AMOUNT OF $5,376. Background: The City's document management system (DMS) was purchased from ECS Imaging in March of 2004 for the purpose of archival and indexing of Council, Planning, and Commission Meeting agendas and minutes, Ordinances, and Resolutions. On February 7, 2007 Council authorized the purchase of an update to the City's DMS from ECS Imaging, Inc. Laserfiche serves the needs of not only the City Clerk's office but the document management system needs of the entire city organization. Discussion: This is a report to Council for the purchase of Laserfiche Software maintenance/support from ECS Imaging for the period of 6/20/11 through 6/19/12. Fiscal Impact: X Budgeted FY 10/11 F� New Appropriation ❑ Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $9,700 City Clerk 100.1101.250.000 Recommended Action(s): Receive Report Alternative Council Option(s): N/A Citizens advised: Requested by: Prepared by: JoAnne M. Currie, City Clerk Coordinated with: None Attachments: None Approved: �/', -,4" Ja I Chambers, City Manager ITEM NO.: MEETING DATE: city pJ"Vk1aft AGENDA SUMMARY REPORT 7d June 1, 2011 SUBJECT: NOTIFICATION TO CITY COUNCIL OF THE PURCHASE OF A LABORATORY REFRIGERATOR FOR THE WASTEWATER TREATMENT PLANT LABORATORY FROM HELMER, INC, IN THE AMOUNT OF $5562.58. Background: Section 1522 of the Municipal Code requires a report to the City Council of purchases from $5,000.00 to $10,000.00. In accordance with the above-mentioned section, this report is submitted to the City Council Discussion: On April 26th, 2011, a request for bid was released to seven companies for the purchase of a laboratory refrigerator. One bid was received from Helmer Inc. for a HLR245-SB Horizon Series Double Door Refrigerator in the amount of $5562.58, which includes tax and shipping. The Helmer line of laboratory refrigerators is of a good quality, and highly respected in the industry. Funds for this equipment have been budgeted in the WWTP Operation and Maintenance Fund under account number 612.3580.800.000 and adequate funds are available for the purchase. Fiscal Impact: Budgeted FY 09/10 F-1 New Appropriation ❑ Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Approp. Requested $5562.58 Treatment Plant Equipment 612-3580-800-000 none Recommended Action(s): Receive and file notification of the purchase of laboratory refrigerator for the WWTP Laboratory to Helmer, Inc for a not to exceed amount of $5562.58. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Loren Clifton, Deputy Director of Public Works — Water & Sewer Division Prepared by: Andrew T. Luke, WWTP Supervisor Coordinated with: Jane Chambers, City Manager Attachments: N/A Approved: J n Chambers, City Manager ITEM NO.: MEETING DATE. C'x.cy _/7 'ztaFi AGENDA SUMMARY REPORT 7e June 1, 2011 SUBJECT: APPROVAL OF PUBLISHING SERVICES BY UKIAH DAILY JOURNAL FOR FISCAL YEAR 2011/2012, IN THE AMOUNT OF $6.25 PER COLUMN INCH FOR THE FIRST INSERTION AND $4.26 PER COLUMN INCH FOR ADDITIONAL INSERTIONS OF THE SAME ADVERTISEMENT, PLUS A NON -OPTIONAL FIRST RUN ONLINE $1.25 CHARGE Background: As the Ukiah Daily Journal is the only newspaper that qualifies for the designation as "a newspaper having general circulation" in Ukiah, a formal process requesting bids for legal publishing services was not used. Discussion: The Ukiah Daily Journal submitted a letter outlining its proposed 2011/2012 fiscal year contract rates for legal advertising with the City of Ukiah. There is no increase from the 2010/2011 rates. It is proposing $6.25 for the first run, and $4.26 per column inch for additional insertions, remaining the same as the last three years. The Journal also has a $1.25 per online ad charge which they have indicated is not optional. Upon approval by the City Council, Staff would issue a Purchase Order to the Ukiah Daily Journal for legal advertising costs. Fiscal Impact: ❑X Budgeted FY 11/12 1-1 New Appropriation F-1 Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $10,500.00 Legal Advertising 100.1101.232.000 Recommended Action(s): Approve the legal publishing services of Ukiah Daily Journal for fiscal year 2011/2012, in the amount of $6.25 per column inch for the first issue and $4.26 per column inch for additional issues, first run of online $1.25 per ad charge. Alternative Council Option(s): Citizens advised: N/A Requested by: N/A Prepared by: JoAnne M. Currie, City Clerk Coordinated with: N/A Attachments: 1. Proposal letter from Ukiah Daily Journal dated May 23, 2011 Approved: Ja Chambers, City Manager ine uman �Y The Ukiah Daily Journal DAI UR--N-A-L P.O. Box 749 Ukiah, CA. 95482 May 23, 2010 JoAnne M. Currie, City Clerk City of Ukiah 463-6217 Ukiah, California 95482 Dear JoAnne M. Currie, This letter serves as our proposed rate structure between The Ukiah Daily Journal and the City of Ukiah for legal advertising for the period of July 1, 2011 to June 30, 2012. The legal Advertising rates for the City of Ukiah will remain the same, as the past four years, at $6.25 per column inch for the fust insertion and $4.26 per column inch for each subsequent insertion of the same advertisement. The first tun of any legal ad can enjoy online placement for $1.25 if requested. In addition to the following guidelines, all contract terms, conditions and general information specified on The Ukiah Daily Journal's current rate card (available online) apply to this agreement between The Ukiah Daily Journal and the City of Ukiah: Errors and omissions: The Ukiah Daily Journal is liable only for the cost ofthe space containing an error and is not responsible for costs associated with omissions. legal ads received and published after established. deadlines will not be eligible for credit or a re -run in case of error. Copy Acceptance: copy for legal ads will be accepted from printed copy, via email (as a text attachment only), on a CD (in text format only), and via fax. Proofs will be made available for copy received before deadline upon request. Second requests for tear sheets after 30 days from publication are to be provided by electronic means (adobe PDF format). These will incur an additional charge of $5 per request. Requests for ads to run after published deadline will be considered as space and time allows, with no guarantee of publication. Cancellations: Ads canceled after published deadlines will incur a 25% cancellation penalty, if indeed we have not printed said ad, in those cases the charges will stand. Advertiser must notify The Ukiah Daily Journal within 30 days of receipt ofbill of any discrepancies. The bill will be due in full 15 days upon receipt. Finance charges will not be charged to the City of Ukiah. Any previous contracted terms expire 30 days after the date of this notice. Thank you, e ' cC ell ^� blis T kiah Daily Journal Mendocino County's Local newspaper. C -4V cJ-- Ukiah ITEM NO.: 7f MEETING DATE: June 1, 2011 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF PURCHASE OF A CISCO SECURE ACCESS CONTROL SERVER APPLIANCE FROM AT&T DATACOM FOR $8.014.57 Background: Access to the City's network resources are controlled via individual's user accounts stored in Active Directory. Extending users electronic identity to additional functions such as remote access via Virtual Private Networking (VPN) and wireless networking had been provided by utilizing Remote Authentication Dial -In User Service (RADIUS) server to perform authentication, authorization, and accounting of all network access. Advances in our Active Directory environment required an upgrade of our current RADIUS server. Discussion: In order to continue to support the existing secure remote access and wireless networking capabilities as well as position the organization for other improved services requiring authentication, authorization, and accounting of all network accesses the Cisco Secure Access Control Server Appliance was purchased from AT&T Datacom leveraging the State of California's CALNET 2 Master Services Agreement (MSAs) for $8014.57. 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. 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 $ 8014.57 Machinery and Equipment 100.1965.800.000 Recommended Action(s): Receive notification of purchase of Cisco Secure Access Control Server Appliance from AT&T Datacom for $8014.57 from account 100.1965.800.000, Machinery & Equipment. Alternative Council Option(s): N/A Citizens advised: Requested by: Steven Butler, IT Supervisor Prepared by: Steven Butler, IT Supervisor Coordinated with: Attachments: Approved: 41�� J e Chambers, City Manager City aJ Txkidf. ITEM NO.: 7g MEETING DATE: AGENDA SUMMARY REPORT June 1, 2011 SUBJECT: REPORT TO COUNCIL OF CONTRACT TO HF&H CONSULTING IN THE AMOUNT OF $5,227.50 FOR PREPARARATION OF FISCAL INFORMATION RELATED - TO PENDING DISCUSSIONS WITH UKIAH VALLEY SANITATION DISTRICT REGARDING DETACHMENT OF OVERLAPPING SERVICE AND CUSTOMER AREAS Background: HF&H Consulting provided professional services to develop the five year rate study for both water and wastewater enterprise funds that were adopted by the City of Ukiah in 2010. The City of Ukiah and Ukiah Valley Sanitation District (UVSD) are engaged in discussions regarding a range of issues between the two agencies. One of those issues is the fact of overlapping service and customer areas between the two agencies that occurs within the city limits of Ukiah. HF&H was asked by the City Manager to utilize the recent rate study work to provide foundational fiscal analysis necessary for detachment discussions. The City Manager utilized funds in the City Manager's budget to conduct this work. That work has now been completed by HF&H, and is under review by City staff. Discussion: The work completed by HF&H exceeded the purchase order by $227.50. City staff is completing review of the data provided by HF&H, prior to scheduling a discussion of this information with the City Council. HF&H Consultants were selected for this work due to their access and familiarity with the complete financial scope of the Ukiah Wastewater Enterprise Fund. Fiscal Impact: Budgeted FY 10/11 F-1NewAppropriation Not Applicable Budget Amendment Required RI Amount Budgeted Source of Funds title and # Account Number Addit. Appropriation Re uested $10,000 City Manager Contracts 100.1201.250.001 Recommended Action(s): Receive the Report Alternative Council Option(s): Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Mary Horger, Purchasing Supervisor Attachments: Approved: v Jaa Chambers, City Manager ITEM NO.: 7h MEETING DATE: June 1, 2011 city of zrkiah AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE ADDITIONAL $600, PLUS DMV FEES, EXPENDITURE TOWARDS THE APPROVED PURCHASE OF USED UTILITY TRUCK IN AN AMOUNT UP TO $24,000 WITH FUNDS ALREADY BUDGETED FOR FISCAL YEAR 2010/2011 AND CORRESPONDING BUDGET AMENDMENT, BRINGING THE TOTAL AMOUNT TO $24,600 PLUS DMV FEES. Summary: The Parks Division, in conjunction with the Purchasing Supervisor, has been actively seeking to purchase a used utility truck to replace two trucks that are no longer operational. Staff presented the appropriation of the needed vehicle to Council in April of this year and was authorized to move forward with the expenditure. A used truck is now available, however when all taxes, fees and licensing are accounted for the total purchase price is $600 (plus DMV fees) over the amount initially approved. Staff is bringing this item back before Council to justify the additional expense and receive authorization to finalize the purchase. Background: As Council may recall there are two parks trucks (identified below) that are no longer operational and scheduled to go to auction. The used utility truck would help to fill the void in equipment that the loss of these two vehicles has caused. Truck # 2630, a 1974 Dodge D300 is currently out of service due to a failed transmission. During its lifespan the vehicle has had a number of large service repairs including the motor being replaced twice. This vehicle has accumulated over 155,000 miles. The estimated cost to repair is over $3,500. Truck # 2620, a 1982 Chevrolet C30 has a faulty engine and transmission. During the lifetime of this vehicle, it has received repairs including two motor replacements and two transmission replacements. This vehicle has accumulated over 135,000 miles. The cost to repair would exceed $6,000 to bring the vehicle back to operational standards. Additionally, these repairs would not address the body work that needs to be fixed as the service doors on the body of the truck have also failed. Continued on Paae 2 Recommended Action(s): Authorize staff to use an additional $600 plus DMV fees to purchase a used utility truck with funds already budgeted for fiscal year 2010/2011 and correspondina amendment. Alternative Council Option(s): Remand to staff with direction. Prepared by: Maya Simerson, Community Services Mary Horger, Purchasing Supervisor Coordinated with: Sage Sangiacomo, Assistant City Manager Tom Hamblet, Parks/Golf Superintendent Attachments: Approved: Ja hambers, City Manager Discussion: Since January, Parks staff worked with the Purchasing Supervisor to prepare a request for bid and list of desired features which include: One ton truck with a nine to eleven foot service body, 2003 or newer year model, maximum accrued mileage at 60,000 miles, utility body and so forth. During that process staff discovered that when these vehicles become available they do not stay on the market long enough to allow staff time to bring the item to City Council for discussion, award and purchase. We have experienced difficulty in finding a supplier who is willing to hold a truck. Staff continues to feel confident that purchasing a used vehicle is the most cost effective solution. Recently a truck that meets our specifications has become available. The retail price for the vehicle is $22,495.00, however with taxes, fees & licensing the total cost is $24,589.70, plus DMV fees. This same truck new would retail at $38,000 to $40,000. . The City of Ukiah Garage staff has completed a thorough inspection of the truck in question and found that it passed all points of inspection. Therefore they feel confident with approving the purchase. In conclusion, staff is recommending that Council authorize staff an additional $600, plus DMV fees, bringing the total investment up to $24,600.00 from funds budgeted for fiscal year 2010-20111, to purchase the used utility truck. Fiscal Impact: x I Budgeted FY 10/11 Q New Appropriation 0 Not Applicable 0 Budget Transfer Required Amount Transfer Source of Funds (title and #) From Account Number To Account Number $15,600 + DMV fees Parks: Utilities 100.6001.210.000 100.6001.800.000 $9,000 Parks: Port -o -lets 100.6001.250.002 100.6001.800.000 ITEM NO.: 7i MEETING DATE: AGENDA SUMMARY REPORT June 1, 2011 SUBJECT: AUTHORIZATION OF CITY MANAGER TO SIGN TWO LETTERS OF INTENT REGARDING COMPREHENSIVE EFFICIENCY AND CONSERVATION MEASURES PROGRAM WITH HONEYWELL INTERNATIONAL RELATED TO FOUR CAPITAL PROJECT COMPONENTS: LETTER #1 INCLUDES REPLACEMENT OF WATER METERS, INSTALLATION OF LEAK DETECTION EQUIPMENT; ENERGY SAVING RETROFITS AND REFURBISHMENT TO CONFERENCE CENTER; BIOGAS COGENERATION AT WASTE WATER TREATMENT PLANT. LETTER #2 INCLUDES UKIAH MUNICIPAL GOLF COURSE IRRIGATION IMPROVEMENTS, RENOVATION AND DRIVING RANGE CREATION Background: In late summer 2010, the City Manager initiated exploration with Honeywell regarding financing for various capital improvement projects that could have significant impact on the City's financial future and its ability to generate energy and cost savings for its operations. Honeywell, with city staff support, evaluated the feasibility of several proposed projects and presented that information to Capital Improvement Program (CIP) Ad Hoc committee members Crane and Landis, on December 1, 2010. The Ad Hoc discussed the projects and recommended that the concept and projects be presented to the City Council. At the January 5, 2011, the City Council received a staff report outlining the proposed relationship with Honeywell and the proposed projects, and authorized the City Manager to sign a decision schedule with Honeywell. The time line of the decision schedule has been adhered to by both city staff and Honeywell, so that a preliminary feasibility analysis has been conducted by Honeywell and presented to the City Council members, first at a work shop meeting held April 14, 2011, and then again at a regular City Council meeting held May 4, 2011. At the May 4, 2011 Council meeting, the City Council received as part of the staff report, two draft letters of intent with Honeywell. The first letter covered a scope of services including the replacement of water meters, installation of leak detection equipment; energy saving retrofits and refurbishment to conference Continued on Paae 2 Recommended Action(s): Authorize the City Manager to Sign Letters of Intent # 1 and #2 with Honeywell International Alternative Council Option(s): (A) Authorize the City Manager to Sign Letter of Intent #1 only. (B) Authorize the City Manager to Sign Letter of Intent #2 only. (C) Provide direction to City staff regarding alternative action Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Attachments: 1) Letter of Intent #1 2) Letter of Intent #2 3) Record of Previous Discussion Approved: J n Chambers, City Manager center; and biogas cogeneration at waste water treatment plant. The second letter included the Ukiah municipal golf course irrigation improvements, renovation, and driving range creation. The staff recommendation, approved by the City Council, was to have the City Attorney and city staff complete review and comment on the draft letters of intent, and to return with final recommended letters of intent on the consent agenda at the May 18, 2011 meeting. Final Letters of Intent were not completed in time for that meeting and have been brought forward for the Council's action on June 1, 2011. Discussion: The letters of intent reflect the City Attorney's input into the agreements and are acceptable to Honeywell. The letters provide for the City to enter contracts with Honeywell provided that the City Council determines that the projects and proposed financing are acceptable to the community, can be approved in compliance with California Environmental Quality Act, and that Honeywell develops a contract that meets certain specific criteria. The letters of intent are attached for Council's review as Attachments #1 and #2. Staff has provided Attachment #3, which is comprised of the staff reports and workshop meeting materials to date. Signed letters of intent will begin the process of developing the detailed analysis and data necessary to determine how or if, a project, and its components, should move forward. The team of persons that Honeywell has proposed for the Ukiah projects also worked with the City of Antioch. The team completed an energy savings project, using the letter of intent as a basis to begin the in depth feasibility study necessary to implement a significant street light replacement project. City staff has confirmed that project was completed by Honeywell and resulted in the promised energy savings projected. The Antioch staff member contacted added that the City of Antioch has had a long and successful relationship with Honeywell on a number of other projects, and the Honeywell team members' performance on those projects has been professional and of high quality. Fiscal Impact: Honeywell uses the letter of intent as a basis on which to go forward and complete the detailed analysis necessary to prepare a project and contract (s) for the City Council's consideration. The letter of intent outlines the conditions Honeywell must meet in order for a contract to come forward. No break fee will be paid to Honeywell if the projects move forward. The City would be required to make payment if Honeywell meets the conditions outlined in the letters of intent, but the City Council chooses not to proceed with the project (s) for reasons other than those covered in the letter of intent. In its May 4, 2011 report, city staff identified that if payment were made to Honeywell for the break fee, funds for that payment would be made from the fund balance in each of the respective enterprise accounts, with the provision that funding from the City, only, portion of the joint sewer fund with UVSD be used. Budgeted FY 10/11 ❑ New Appropriation ❑X Not Applicable F-1 Budget Amendment Required ATTACHMENT__I, City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 May 18, 2011 Robert Falco Energy Services Account Executive Honeywell International Inc. 353 A Vintage Park Drive Foster City, CA 94545 Re: Letter of Intent Regarding Comprehensive Efficiency and Conservation Measures Program Dear Robert, This letter is to confirm that the City of Ukiah ("City") intends to proceed with Honeywell, Inc. toward finalizing a contract for energy efficiency, water conservation, operational and facility improvements of City -owned facilities and equipment. The purpose of the contract is for Honeywell to offer a turn -key program for design, implementation and financing, utilizing 3rd party financing vehicles such as a tax- exempt municipal lease instrument, for capital improvements resulting in.improved efficiency, revenue generation from City owned assets, conservation savings, and operational improvements for the City. This Letter of Intent shall be effective for 180 days or until superseded by an executed contract between the parties. During the time this Letter of Intent remains in effect, the City of Ukiah shall not negotiate with any party other than Honeywell concerning the comprehensive efficiency and conservation measures described in this letter. Additionally, Honeywell.will undertake certain activities including, but not limited to, an investment grade assessment and Contract documents creation for the following Scope of Services: 1. Comprehensive replacement of water meters with Advanced Meter Reading technology and leak detection equipment 2. Comprehensive Conference Center Equipment and Furnishings Refurbishment and Design including implementation of energy saving retrofits to include HVAC, Controls, Lighting, and Life Safety. 3. Biogas Cogeneration system for Ukiah Waste Water Treatment Plant. The City of Ukiah intends to enter into a contract with Honeywell International Inc. provide that (1) the City Council determines that the projects and proposed financing are acceptable to the community; (2) can be approved in compliance with California Environmental Quality Act; and (3) Honeywell develops a contract that meets the following criteria: • The proposed project savings and/or additional revenue projections allow the project to be paid for in not more than 13 -years out of savings in energy, operational costs and new revenue generation. • The proposed project costs do not increase the total energy and operational expenditures for the facilities above the level spent in 2010 beyond the adjustment for CPI. • Honeywell financially guarantees the proposed annual energy savings under terms mutually negotiated with the City. The City of Ukiah uses the savings to pay the debt instrument. • Honeywell arranges financing for the Projects on terms mutually negotiated with the City. City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 • The proposed project Contract Documents will address the overall intent of this Letter of Intent which is a project consisting of capital improvements paid for through energy savings, operational savings and/or additional revenue generation forecasts. • Other mutually agreed contract terms, provided that both Honeywell and the City negotiate in good faith. The project's final scope of work, to include all asset improvement measures, will be co-authored and agreed to by both Honeywell and the City. If Honeywell meets the requirements listed above, and the City decides not to enter into a Contract for a final project with Honeywell, then the City shall reimburse Honeywell $85,000. At that time, Honeywell will present an itemized listing of all Assessment Grade Investment Grade Activities associated with the break fee. Sincerely, Jane Chambers City Manager City of Ukiah ATTACHMENT City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 May 18, 2011 Robert Falco Energy Services Account Executive Honeywell International Inc. 353 A Vintage Park Drive Foster City, CA 94545 Re: Letter of Intent Regarding Comprehensive Efficiency and Conservation Measures Program Dear Robert, This letter is to confirm that the City of Ukiah ("City") intends to proceed with Honeywell, Inc. toward finalizing a contract for energy efficiency, water conservation, operational and facility improvements of City -owned facilities and equipment. The purpose of the contract is for Honeywell to offer a turn -key program for design, implementation and financing, utilizing P party financing vehicles such as a tax- exempt municipal lease instrument, for capital improvements resulting in improved efficiency, revenue generation from City owned assets, conservation savings, and operational improvements for the City. This Letter of Intent shall be effective for 180 days or until superseded by an executed contract between the parties. During the time this Letter of Intent remains in effect, the City of Ukiah shall not negotiate with any party other than Honeywell concerning the comprehensive efficiency and conservation measures described in this letter. Additionally, Honeywell will undertake certain activities including, but not limited to, an investment grade assessment and Contract documents creation for the following Scope of Services: 1. Design and implementation of Ukiah Municipal Golf Course irrigation improvements, "Flip-flop" renovation and Driving Range creation. The Investment Grade Assessment of the Ukiah Municipal Golf Course improvements is contingent upon the acquisition of a parcel of land adjacent to the golf course currently owned by the Ukiah Unified School District. Honeywell will proceed with Investment Grade Assessment activities as soon as the referenced parcel of land for this item is in escrow. Should negotiations with the District continue for a period of 180 days beyond the effective date of this Letter of Intent, the City will work with Honeywell to either extend the term of the Letter of Intent or abandon the golf course improvement program. Unless the City is successful in obtaining the property in question, the City will have no financial obligation to Honeywell for this item. The City of Ukiah intends to enter into a contract with Honeywell International Inc. provide that (1) the City Council determines that the projects and proposed financing are acceptable to the community; (2) can be approved in compliance with California Environmental Quality Act; and (3) Honeywell develops a contract that meets the following criteria: • The proposed project savings and/or additional revenue projections allow the project to be paid for in not more than 13 -years out of savings in energy, operational costs and new revenue generation. City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 • The proposed project costs do not increase the total energy and operational expenditures for the facilities above the level spent in 2010 beyond the adjustment for CPI. • Honeywell financially guarantees the proposed annual energy savings under terms mutually negotiated with the City. The City of Ukiah uses the savings to pay the debt instrument. • Honeywell arranges financing for the Projects on terms mutually negotiated with the City. • The proposed project Contract Documents will address the overall intent of this Letter of Intent which is a project consisting of capital improvements paid for through energy savings, operational savings and/or additional revenue generation forecasts. • Other mutually agreed contract terms, provided that both Honeywell and the City negotiate in good faith. The project's final scope of work, to include all asset improvement measures, will be co-authored and agreed to by both Honeywell and the City. If Honeywell meets the requirements listed above, and the City decides not to enter into a Contract for a final project with Honeywell, then the City shall reimburse Honeywell $25,000. At that time, Honeywell will present an itemized listing of all Assessment Grade Investment Grade Activities associated with the break fee. Sincerely, Jane Chambers City Manager City of Ukiah City 0J_ ZUk uf. ATTACHMENT ITEM NO.: 11 c MEETING DATE: AGENDA SUMMARY REPORT 1/5/2011 SUBJECT: REPORT TO CITY COUNCIL OF PROPOSAL TO EXPLORE COMPREHENSIVE EFFICIENCY AND CONSERVATION MEASURES PROGRAM AND AUTHORIZATION OF CITY MANAGER TO SIGN DECISION SCHEDULE WITH HONEYWELL Background: In late summer 2010, the City Manager initiated exploration with Honeywell regarding financing for various capital improvement. projects that could have significant impact on the City's financial future and its ability to generate energy and costs savings for its operations. Mr. Robert Falco, Account Executive Energy Services for Honeywell had worked previously with City staff on proposals for replacement of water meters. No proposal.f-or. Council consideration was-made-as_a-result of that initial work due to a number --of factors: - Honeywell- provides financing for automation and control solutions and -energy savings, and -works with local governments to offer a turn -key program for design, implementation and financing of. projects that result in efficiency and conservation savings for Cities. Due to the City's near future and long term financial issues, the City Manager was interested in looking at options to pursue capital projects that could result in lowering operations costs and/or increasing sources of revenue through improved use of existing city assets and services, and asked Mr. Falco to look at a number of projects that could achieve these results. Honeywell would develop the project financing as well as project implementation, making it feasible for the City of Ukiah to complete a number of capital projects together from both a staff capacity and financing standpoint, and complete them on a much earlier time frame than could be achieved without this type of assistance. After some initial work with City staff to identify and evaluate a number of projects for consideration and feasibility, a meeting with the Capital Improvement Program (CIP) Ad Hoc was held on December 1, 2010. Council members Crane and Landis received a verbal report from the City Manager and Mr. Falco about four specific projects that appear to be feasible for consideration. The two Ad Hoc members agreed that the concept has merit and should be presented to the City Council. Continued on Page 2 Recommended Action(s): Receive Report and Authorize the City Manager to Sign Decision Schedule with Honeywell. Alternative Council Option(s): Provide City staff with alternate direction Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Gordon Elton, Finance Director Attachments: 1) Decision Schedule 2) Letter of Intent Approved: Jane Chambers, City Manager The next step in the process is for further exploration by Honeywell to look at financing packages and actual . project components to see if a program can be put together for the City Council's consideration. Of immediate concern to the Ad Hoc members as well as City staff, was the question of obligation to Honeywell for the work completed to date and any future work necessary, until the City Council is presented with the opportunity to make decisions about projects going forward. Also of concern was the question of using -only -Honeywell's -services -for -financing -and- implementation of -the -projects-; should-they-prove.feasible. Honeywell has prepared a Decision Schedule which is included as Attachment #1.. This Decision Schedule outlines the process that Honeywell and the City will undertake together to explore feasibility of developing an efficiency and conservation measures program including capital improvement projects for the City of Ukiah. The City Council and City of Ukiah are under no obligation to Honeywell for the work that they do prior to a decision point to proceed or abandon the project. That decision point is shown as occurring in March/April of 2011. The Council may determine that it wants to pursue the projects through another means. A draft Letter of Intent is attached as Attachment #2. Entry into the Letter of Intent would obligate the City to pay -Honeywell --a- fee for the work it. completes on scope -and -financing -program -options.. This work would - occur after the Letter of Intent is signed. The Letter will state that fee. After the Letter of Intent is signed, Honeywell Will -prepare 911 of `the documentation -and-financing-necessary -to-proceed-witK tM project: ' All of the financing and project decisions, however, would still need to be approved by the City Council. The Council can decide not to go forward with the project at any time after the Letter of Intent, but would then owe Honeywell the Fee stated in the Letter of Intent. There are many future decision points ahead before the City is committed to proceeding with the projects. What is before the Council now is the Decision Schedule which acknowledges that Honeywell and the City of Ukiah are going to take a series of steps together, primarily by Honeywell, to complete the preliminary feasibility analysis necessary to see if a project program can be put together that is financially beneficial for the City of Ukiah and its residents.. Discussion: The Ad Hoc Committee felt there was significant potential benefit for City residents and the City's financial interests to pursue the proposal. The projects under consideration are: Ulaah Municipal Golf Course and Driving Range • Protect the long-term viability of this City -owned asset • Increase revenue (driving range, green fees, clubhouse events) Water/electric meter upgrade (AMR/AM][) • Efficient and real-time data to capture production vs. sales of water • Immediate notification of waterleakage/loss incidents - Conference Center Equipment and Furnishings Refurbishment • Make Conference Center attractive to potential business partners/investors looking to expand in Ukiah • Increase revenue Evaluate renewable energy options WWTP • Development of stand-by capacity • Reduce reliance on purchased power to run WWTP Fiscal Impact: The projects to be examined have the potential of significant savings in costs for energy of major city operations such as the Waste Water Treatment Plant, and the potential to refurbish and expand revenue earnings for two significant City facilities, the Ukiah Municipal Golf Course and the Conference Center. The City's ability to more accurately capture water and electric use will provide options for management of use --as-well-as-improvements-for- effective billing --and collection: Part of -the -project forthe Golf Course -includes looking at a new irrigation system, which could have significant impact on water use savings and could be used to prepare the Golf Course for use of recycled water. Given the near and future term outlook for the City's General Fund, it is unlikely that funding for these types of project can be made in the next five to ten years. Without some refurbishment effort, the City's asset in both the Conference Center and the Golf Course is subject to the affects of further deterioration, which may well result in reduced revenues from these sources over time. For these reasons, the City has significant business interests in looking at possible means to address energy use and other conservation measures. Budgeted FY 10/11 r_1 New Appropriation Fx_1 Not Applicable F-1 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ $ City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Date (TSD) Attention: Robert Falco, Energy Services Account Executive, Honeywell Subject: Letter of Intent Regarding Comprehensive Efficiency and Conservation Measures Program Dear Robert: This letter is to confirm that the City of Ukiah intends to proceed with Honeywell, Inc. toward finalizing a contract for energy efficiency and conservation improvements of City -owned facilities and equipment. The purpose of the contract is for Honeywell to offer a turn -key program for design, implementation and financing, utilizing a tax-exempt municipal lease instrument MIM -1 as the funding vehicle, for capital improvements resulting in efficiency and conservation savings for the City. This Letter of Intent shall be effective for 90 days or until superseded by an executed contract between the parties, or until canceled by either party's providing written notice to the other at least five (5) business days in advance of the intended cancellation date, whichever shall first occur. During the time this Letter of Intent remains in effect, the City of Ukiah shall not negotiate with any party other than Honeywell concerning comprehensive efficiency and conservation measures. During the time this Letter of Intent remains in effect Honeywell may, at its discretion an�ption, undertake certain preparatory activities including, but not limited to, an investment grade audit of(msert�tems There : If, upon finalizing its recommendations, Honeywell can produce results that meet or exceed: a. the City's scope and financial requirements for a project that addresses utility cost savings opportunities and revenue enhancement opportunities and b. requirements of California Code 4217 for Energy Savings Performance Contracts for Public Entities, then the City intends to enter into an agreement with Honeywell. If Honeywell meets all requirements listed above, and the City decides not to enter an agreement for a final project, then the City shall reimburse Honeywell for costs associated with the detailed engineering audit, in the amount of amount rTBD)` The project's final scope of work, to include all asset improvement measures, will be co-authored and agreed to by both Honeywell and the City. It is understood and agreed between Honeywell and the City of Ukiah that there is no obligation on either party to reach agreement on a contract. It is further understood that except as specifically set forth in this Letter of Intent, no agreement or obligation, expressed or implied, is created or intended between Honeywell and the City of Ukiah. Sincerely, Jane Chambers City Manager City of Ukiah Page 1 of 1 City of Ukiah Decision Schedule Purpose: In cooperation with the City of Ukiah, create a plan of action to identify steps necessary to develop, finance and implement a comprehensive efficiency and savings improvement program. Decision Maker Meeting September 13, 2010 ➢ Understand City of Ukiah needs/objectives Follow up Meeting November 2, 2010 ➢ Confirm/prioritize needs and estimated costs/savings for efficiency improvements; 1. Ukiah Municipal Golf Course and Driving Range 2. Water/electric meter upgrade (AMR/AMI) 3. Conference Center Equipment and Furnishings Refurbishment (Kitchen, Media upgrade) 4. Evaluate renewable energy options for WWTP Next Steps, meet with CIP committee December 1, 2010 ➢ Develop mutually agreeable path forward ➢ Decision Schedule tasks and dates confirmed ➢ Agreement to proceed with Preliminary Feasibility Analysis ➢ Present concept, draft Decision Schedule and sample Letter January 5, 2011 of Intent language to Council ➢ecsion,S„chedule, Signed January, 2011 Preliminary Feasibility Analysis January - March 2011 ➢ Confirmation of funding options (grants, rebates, subsidies, low-interest loans) ➢ Collaborative analysis of measures, pricing, tentative timeline for implementation Preliminary Findings Workshop March 2011 ➢ Presentation of Preliminary Findings ➢ Cost/Benefit Analysis ➢ IDecsion,to proceed/abandon City of Ukiah Budget Meetings March/April 2011 ➢ Discuss findings and budget impact ➢ Ogc'sion to proceed/abando Staff Report for City Council April/May, 2011 ➢ Draft Letter of Intent to proceed with scope and financing program options ➢ Proceed: City Council approval April/May, 2011 ➢ Signed Lettex of Intent (not to=exceed break fee identified) April/May, 2011 Joint Development of Solution June 2011 ➢ Confirm selected measures to be implemented ➢ Complete financing package and proposal ➢ Confirm implementation timeline IM= Final Proposal Verification Meeting July 2011 ➢ Implementation Schedule ➢ Technical/Financial Issues Resolved ➢ City Council Staff Report submittal July/August 2011 Final Contract August 2011 ➢ Present Contract to City Council for Review and Signature ➢ Mobilization meeting and Program Implementation Authorization to proceed: Jane Chambers, City Manager City of Ukiah, CA Robert Falco, Account Executive Honeywell �� //Z/ /// i ature Date A04c4F Signature Date CITY OF UKIAH CITY COUNCIL AGENDA Special Meeting Conference Room #3 300 Seminary Avenue Ukiah, CA 95482 April 14, 2011 4:30 p.m. WORKSHOP 1. ROLL CALL 2. PRESENTATION Honeywell Presentation and Discussion of Project Concepts for Capital Projects related to the Municipal Golf Course, Water and Electric Meters, Conference Center, and Waste Water Treatment Plant (for water savings and revenue enhancements). 3. PUBLIC COMMENT 4. ADJOURNMENT Please be advised that the City needs to be notified 24 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 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 24 hours prior to the meeting set forth on this agenda. Dated this.13th day of April, 2011. JoAnne M. Currie, City Clerk Preliminary Findings Wow City of Ukiah April 14, 2011 Honeywell Honeywell o„ Special Thanks • City of Ukiah: Jane Chambers, Sage Sangiacomo, Gordon Elton, Katie Merz, Tim Eriksen, Mel Grandi, Jim Bauer, Steve Beamann, Maya Simerson, Kerry Randall, Terry Nelson, Andy Luke, Linda Brown • Ukiah Municipal Golf Course: Frank Johnson • WeatherTrak: Ben Slick • National Meter & Automation: Kathy Richards z Honeywell � 11 .] Decision Schedule The City of Ukiah and Honeywell are working together to confirm/prioritize needs and estimate costs/savings/revenue for efficiency improvements in the following areas: 1. Ukiah Municipal Golf Course 2. Water & Electric meters 3. Conference Center Equipment/Furnishings 4. WWTP (renewable energy options) Honeywell Objectives • Identify and present options for capital projects that will result in lowering operational costs and/or increase sources of revenue through improved use of existing city assets and services. • Honeywell to provide turn -key services for design, implementation and financing of projects that result in efficiency and conservation savings for Ukiah. 2 Honeywell , , Potential Opportunities Ukiah Municipal Golf Course Dedicated irrigation improvements Flip-flop renovation I. Install replacement holes #7&8 2. Install driving range Honeywell Benef[ts Irrigation System Improvements • Water bill savings: $29,000/yr • Improved playing conditions, more green, less brown • Better for the environment, less water waste • Protectthe long-term viability of this City -owned asset 3 iw.tatr...fr. , w iron6 =" ' moi• JP lip w fi Covered Range (16 stalls) • I Honeywell - — ! J4__Vl Phased Approach? Phase 1 • Dedicated Irrigation improvements • Flip-flop renovation Phase 2 4, Complete irrigation system replacement Clubhouse refurbishment .............. * .............. ........ *"**'* ............ ** .......... * ............... * ....... Financial Considerations for Phase a 1. Leverage driving range/golf course revenue to offset Phase 2 investment:: 12. Leverage back 9 debt ($70k/yr) ..................................................................................... .......................... I Honeywell Potential Opportunities Water/electric meter upgrade • Retrofit/Replace City -owned Electric and Water meters with improved AMR technology (upgradable) • Federal WaterSmart Grant application submitted February 16, 2011, award notification scheduled for April, 2011 (potential $300,000) Water Meter and AMR transmitter 10 0- 5 I Honeywell Benefits Electric/Water Meter Retrofit/Replacement • More accurate billing • Projected water meter revenue: $460,000/yr. • Instant tracking of leaks and customer usage • Improved customer service • Reduced truck rolls and carbon emissions o«,mm�mrea iamb I Honeywell Potential Opportunities Leak Sensor Conference Center Equipment Refurbishment I want to attract more and apologize less." Kerry Randall, Ukiah Valley Conference Center Needs: • Powerized folding doors in main conference room • 8 -hour chairs • Dedicated kitchen ventilation system • Building Management (EMS) • Security/Access (Keyless entry) HVAC/Controls refurbishment Video technology upgrades, powered screens no, Honeywell Benefits Conference Center Upgrades • Make Conference Center attractive to potential business partners/investors looking to expand in Ukiah ® Increase revenue: $60,000/yr, (projection) "We believe an upgrade in technology and client comfort will result in higher rental rates. As this building and equipment age out, so will our ability to attract new and repeat customers that are looking for an appropriate place to meeUl Kerry Randall, Ukiah Valley Conference Center Honeywell Potential Opportunities Renewable energy options for WWTP pj2�� - Burns methane gas in IC engines to generate electricity for the plant - Uses waste heat from engines to heat digesters - Additional consideration: sludge drying A V16GAS fM PACK 7 Honeywell , .. Belvifits Renewable energy / Plant improvements. Reduced methane flaring Lower energy costs, $88,000/yr 9i educed sludge hauling/tipping fees Honeywell Next Steps • Letter of Intent (May 4th) to authorize. - Final engineering and firm estimates to deliver the project with no change orders, Tentative Schedule Finalize scope and financing options June 2011 Workshop to Review Proposed Projects and July 2011 Financing Options * Present Contract to City Council for approval August 2011 w Project Mobilization and Implementation of September 2011 selected measures 16 I m a� O L IL v m d E E O m L 0 E = Y CO) D O O E N V d _ r ITEM NO.: 12c MEETING DATE: AGENDA SUMMARY REPORT May 4, 2011 SUBJECT: CONSIDERATION OF AND DIRECTION TO STAFF FOR PROPOSED LETTERS OF INTENT REGARDING COMPREHENSIVE EFFICIENCY AND CONSERVATION MEASURES PROGRAM WITH HONEYWELL INTERNATIONAL RELATED TO FOUR CAPITAL PROJECT COMPONENTS: (1) REPLACEMENT OF WATER METERS, INSTALLATION OF LEAK DETECTION EQUIPMENT; (2) ENERGY SAVING RETROFITS AND REFURBISHMENT TO CONFERENCE CENTER; (3) BIOGAS COGENERATION AT WASTE WATER TREATMENT PLANT; (4) UKIAH MUNICIPAL GOLF COURSE IRRIGATION IMPROVEMENTS, RENOVATION AND DRIVING RANGE CREATION Background: At a City Council Workshop Session April 14, 2011, representatives of Honeywell International presented findings of initial study with regard to the feasibility of combining four capital projects under a proposal by Honeywell to offer a turn -key program for design, implementation and financing of these projects that would result in improved efficiency, revenue generation from City owned assets, conservation savings, and operational improvements for the City of Ukiah. Prior to the April workshop, Honeywell had made a presentation to the City Council in January 2011 which outlined how projects such as the four proposed could be combined together and financed in such a turn- key program to the benefit of the community. That presentation also included the reasons why these four particular projects were selected out of several reviewed for possible inclusion into one turn -key project effort. Discussion: The presentation at the recent workshop indicated that each of the proposed projects were feasible, and if combined together, were estimated to produce possible savings in current costs for utilities of $117,700, and recovered/created new revenues of $619,000, for total savings/new revenues of $736,700 on an annual basis. Continued on Page 2 Recommended Action(s): Consideration Of and Direction to Staff For Proposed Letters of Intent Regarding Comprehensive Efficiency and Conservation Measures Program with Honeywell International Related to Four Capital Project Components: (1) Replacement of Water Meters, Installation of Leak Detection Equipment; (2) Energy Saving Retrofits and Refurbishment to Conference Center; (3) Biogas Cogeneration at Waste Water Treatment Plant; (4) Ukiah Municipal Golf Course Irrigation Improvements, Renovation and Driving Range Creation for consent agenda item May 18, 2011, after further review and comment by the Citv Attornev and Citv staff. Alternative Council Option(s): Provide alternative direction to City staff regarding these projects Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Rob Falco, Honeywell; Mel Grandi, Electric Utility Director, Gordon Elton, Finance Direction Attachments: 1) Draft LOI non -Golf Course 2) Draft LOI Golf Course 3) Choice Connect l Approved:--_- J� Chambers, City Manager The investment to achieve these savings and/or new revenues was estimated at $7.1M, with a pay -back for that investment time period of 9.7 years for the combined projects. Further detailed investigation is necessary to determine the scope and cost of the projects proposed, and that is what is provided through the letter of intent process. Because this initial study has yielded results that indicate the City of Ukiah could achieve significant new use and savings from the project components proposed, the City Council directed staff to return with the next step in the process, that of entering a Letter of Intent (LOI) with Honeywell, for the Council's further consideration. There are two draft LO1 letters attached. The first is for the non -golf course projects (1) Replacement of Water Meters, Installation of Leak Detection Equipment; (2) Energy Saving Retrofits and Refurbishment to Conference Center; (3) Biogas Cogeneration at Waste Water Treatment Plant. The second attached draft LOI is for (4) Ukiah Municipal Golf Course Irrigation Improvements, Renovation and Driving Range Creation. The draft 1_O1's do not include provision for replacement of electric meters as initially proposed at the April workshop. Honeywell and city electric utility staff continue to work together to determine the most cost effective means of addressing this portion of the work. Staff recommends that the draft LOI letters be reviewed by City staff and the City Attorney in consultation with Honeywell, prior to the Council's next regular meeting of May 18, 2011. Staff and the City Attorney will incorporate any necessary changes in the 1_O1's for Council's consideration of a consent agenda item to authorize the City Manager to sign each of the LOI with Honeywell. As part of the April Workshop discussion, and in anticipation of some questions related to the concept and project components, Honeywell has offered the following further information regarding this proposal, and included Attachment #3 as information related to concerns about use of new meter technology: What benefit does the water rate paver receive from installation of a new meter? Conservation: It is critical to conserve this natural resource. Modern meters and leak detection sensors help reduce the amount of unaccounted for water that is introduced to the system and becomes lost, either through inaccurate meters or system leaks. Accuracy; As meters age, they become less accurate especially when measuring low flow. Approximately 16% of all domestic water consumption occurs at flow rates of less than one gallon per minute Equity in billing; Accurate meters require customers to pay for the water they are using. That policy rewards business and consumers who are conserving and removes them from subsidizing other consumers who may not be as conscientious with their water usage. Ukiah's rate structure was developed and adopted by the City to be fair for all consumers. New water meters help ensure that the City's rate structure will be applied fairly across the board as was intended when adopted. Will Hone ell be making unchecked profits in small-town Ukiah? Honeywell practices open -book pricing and Council will be able to view the due diligence of Honeywell's activities and bottom line profit. No surprises. What is the risk/impact to either General Funds or Enterprise Funds?: The program as proposed requires no upfront funds from the City. The program will be paid for entirely through a combination of energy savings and recovered or generated revenue, mitigating any risk to General or Enterprise funds. In addition, the program will substantially reduce maintenance and operating expenses, though these have not been calculated as a means to pay for the program. Can the City negotiate directly with Honeywell? Why doesn't the City bid evervthina out? Under the terms of California Code 4217 for Energy Savings Performance Contracts, Public Entities are permitted to negotiate with state approved Energy Service Companies (ESCOs). Honeywell has been willing to invest in the design, development and implementation of the proposed program and will assist in identifying third party funding sources. In addition, each LOI requires Honeywell to develop a contract that meets specific criteria. Will the City be able to negotiate terms and contract details with Honeywell? What flexibility does the City_ have in adjusting the amounts of anticipated savings/revenue from the identified measures' Honeywell will prepare a contract based on the proposed measures collective viability to either generate savings and/or revenue. Typically conservative estimates are offered; however, if the City wishes to negotiate these amounts, Honeywell is willing to discuss the pros/cons and amend per mutual agreement. Fiscal Impact: All four of these projects are accounted for in the City's financial system and budget as Enterprise Funds. This means that they are stand alone activities requiring that the revenues received fully support the cost of operations for these activities. Although the Golf Course and Conference Center are often considered to be directly supported by the City's General Fund, the fact remains that both of these activities have been operated independently of the General Fund. Combined, these two activities produced revenue of $1.2M for FY 2009/10. These earnings covered expenditures for the two operations by a margin of $32,648 last fiscal year. Often residents and employees alike tend to think closure of these two operations would generate either a significant savings in the General Fund or funds that could be used for other purposes. Neither is true, since these two operations are Enterprise funds, the result of closure of either enterprise would be loss of revenues with a corresponding reduction in expenditures, but no net appreciable gain to the General Fund to spend on other activities of the City's operations. One of the key reasons to consider the improvements proposed for both the golf course and conference center is to create the possibility of increased margins (earnings) for these operations, while at the same time, securing the community's previous investments in these assets for the next decade and beyond. Should the City decide not to proceed with a project as outlined in the draft LO1, for projects 1-3, the City would reimburse Honeywell $85,000. The Golf Course project has been separated from the others for the reasons stated in the draft LOI, and should the City decide not to proceed with that project as outlined in the draft LOI, the City would reimburse Honeywell $25,000. Staff recommends that the. funds to make such a payment would be generated from the fund balances in each of the respective Enterprise Funds. In the case of the Sewer Fund (Waste Water Treatment Plant project), City staff recommends that the funding would come from the City only portion of the joint fund. It is certainly the intention of staff and Council to include Ukiah Valley Sanitation District in discussions regarding this project and possible financing, during the investigative work to be undertaken under the LO1. Budgeted FY 10/11 E New Appropriation X Not Applicable Budget Amendment Required May 18, 2011 Robert Falco Energy Services Account Executive Honeywell International Inc. 353 A Vintage Park Drive Foster City, CA 94545 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 A7TACNMEMT -- % Re: Letter of Intent Regarding Comprehensive Efficiency and Conservation Measures Program Dear Robert, This letter is to confirm that the City of Ukiah intends to proceed with Honeywell, Inc. toward finalizing a contract for energy efficiency, water conservation, operational and facility improvements of City -owned facilities and equipment. The purpose of the contract is for Honeywell to offer a turn -key program for design, implementation and financing, utilizing Yd party financing vehicles such as a tax-exempt municipal Iease instrument, for capital improvements resulting in improved efficiency, revenue generation from City owned assets, conservation savings, and operational improvements for the City. This Letter of Intent shall be effective for 180 days or until superseded by an executed contract between the parties. During the time this Letter of Intent remains in effect, the City of Ukiah shall not negotiate with any party other than Honeywell concerning comprehensive efficiency and conservation measures. Additionally, Honeywell will undertake certain activities including, but not limited to, an investment grade assessment and Contract documents creation for the following Scope of Services: I. Comprehensive replacement of water meters with Advanced Meter Reading technology and leak detection equipment 2. Comprehensive Conference Center Equipment and Furnishings Refurbishment and Design including implementation of energy saving retrofits to include HVAC, Controls, Lighting, and Life Safety. 3. Biogas Cogeneration system for Ukiah Waste Water Treatment Plant. The City of Ukiah intends to enter into a contract with Honeywell International Inc., under the terms of California Code 4217 for Energy Savings Performance Contracts for Public Entities provided that Honeywell develops a contract that meets all of the following criteria: • The proposed project savings and/or additional revenue projections allow the project to be paid for in not more than 13 -years out of savings in energy, operational costs and new revenue generation. • The proposed project costs do not increase the total energy and operational expenditures for the facilities above the level spent in 2010 beyond the adjustment for CPI. • Honeywell financially guarantees the proposed annual energy savings. The City of Ukiah uses the savings to pay the debt instrument. • The proposed project Contract Documents will address the overall intent of this Letter of Intent which is a project consisting of capital improvements paid for through energy savings, operational savings and/or additional revenue generation forecasts. Page 1 of 2 If Honeywell meets the requirements listed above, and the City decides not to enter into a Contract for a final project with Honeywell, then the City shall reimburse Honeywell $85,000. The project's final scope of work, to include all asset improvement measures, will be co-authored and agreed to by both Honeywell and the City, Sincerely, Jane Chambers City Manager City of Ukiah Page 2 of 2 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 May 18, 2011 ATTACHMENT Attention: Robert Falco, Energy Services Account Executive, Honeywell Subject: Letter of Intent Regarding Comprehensive Efficiency and Conservation Measures Program Dear Robert: This letter is to confirm that the City of Ukiah intends to proceed with Honeywell, Inc. toward finalizing one or multiple contracts for energy efficiency, water conservation, operational and facility improvements of City - owned facilities and equipment. The purpose of the contract is for Honeywell to offer a turn -key program for design, implementation and financing, utilizing 3`d party financing vehicles such as a tax-exempt municipal lease instrument, for capital improvements resulting in improved efficiency, revenue generation from City owned assets, conservation savings, and operational improvements for the City. This Letter of Intent shall be effective for 180 days or until superseded by an executed contract between the parties. During the time this Letter of Intent remains in effect, the City of Ukiah shall not negotiate with any party other than Honeywell concerning comprehensive efficiency and conservation measures. Additionally, Honeywell will undertake certain activities including, but not limited to, an investment grade assessment and Contract documents creation for the following Scope of Services: 1. Design and implementation of Ukiah Municipal Golf Course irrigation improvements, "Flip-flop" renovation and Driving Range creation. The Investment Grade Assessment of the Ukiah Municipal Golf Course improvements is contingent upon the acquisition of a parcel of land adjacent to the golf course currently owned by the Ukiah Unified School District. Honeywell will proceed with Investment Grade Assessment activities as soon as the referenced parcel of land for this item is in escrow. Should negotiations with the District continue for a period of 180 days beyond the effective date of this Letter of Intent, the City will work with Honeywell to either extend the term of the Letter of Intent or abandon the golf course improvement program. Unless the City is successful in obtaining the property in question, the City will have no financial obligation to Honeywell for this item. The City of Ukiah intends to enter into a contract with Honeywell International Inc., under the terms of California Code 4217 for Energy Savings Performance Contracts for Public Entities provided that Honeywell develops a contract that meets all of the following criteria: • The proposed project savings and/or additional revenue projections allow the project to be paid for in not more than 13 -years out of savings in energy, operational costs and new revenue generation. • The proposed project costs do not increase the total energy and operational expenditures for the facilities above the level spent in 2010 beyond the adjustment for CPI. • Honeywell financially guarantees the proposed annual energy savings. The City of Ukiah uses the savings to pay the debt instrument. • The proposed project Contract Documents will address the overall intent of this Letter of Intent which is a project consisting of capital improvements paid for through energy savings, operational savings and/or additional revenue generation forecasts. Page 1 of 2 If Honeywell meets the requirements listed above, and the City decides not to enter into a Contract for a final project with Honeywell, then the City shall reimburse Honeywell $25,000. The project's final scope of work, to include all asset improvement measures, will be co-authored and agreed to by both Honeywell and the City. Sincerely, Jane Chambers City Manager City of Ukiah age 2 of 2 ChoiceConnectTM 100 Series Radio Frequency FAQ Overview ATTACHMENT 3 This document Tprovides general information about radio frequency (RF) electromagnetic fields from ChoiceConnect wireless communication equipment. This information has been provided by Itron which has evaluated the ChoiceConnectTM eauioment for RF emissions. The ChniraCnnnartTM Fnuinmant hac h, -.-n rartifinr4 h„ the Federal Communications Commission (FCC). /iron C 2010, itron Inc. All rights reserved. /iron Frequently Asked Questions What frequencies are used by the devices being installed? 1...1.1......1. Low frequency Fields Choice ConnectTM wireless communication equipment operates in the Industrial, Scientific and Medical (ISM) bands at frequencies from 902 megahertz (MHz) to 928 MHz. The Food and Drug Administration (FDA) and the FDA's Center for Devices and Radiological Health (CDRH) have classified radiation emitted by devices operating at these RF frequencies as non -ionizing. Other types of non - ionizing radiation include visible and infrared light. t AC outlet ph+K laptop mputer power Imes Non -Ionizing Radiation ltadlotroquehcles Visible light e.ieNebA oeppbees sunshine Intl ired Where can I go to learn more The FCC's document OET Bulletin 65 Edition 97-01, Evaluating Compliance radio uttrriio+et rU/elete r,3 Collector sunshine Intl ired Where can I go to learn more The FCC's document OET Bulletin 65 Edition 97-01, Evaluating Compliance about Regulatory uttrriio+et rU/elete Compliance? eoatroi taanleg hed Frequency in hertz (Hz) OHz 10KHz 300GHz 1THz 2 Where can I go to learn more The FCC's document OET Bulletin 65 Edition 97-01, Evaluating Compliance about Regulatory with FCCguidelines for Human Exposure to Radiofrequency Electromagnetic Compliance? Fields details how to measure or calculate levels of RF radiation and to determine compliance of RF facilities with exposure limits. Additionally, FCC OET Bulletin 65 Supplement C Edition 01-01 (known as OET-65C), provides further guidance on determining compliance for portable and mobile devices. These documents may be found at www.fcc.gov/oet/rfsafety. 3 How often do the The Choice Connect" endpoint devices transmit data in Mobile mode less ChoiceConnect7m devices than 1.5 minutes per day, with very short pulses. transmit data? 2 © 2010, Itron Inc. All rights reserved. Water SafeSource RF FAQs �!f:M *�i `��t�TKF lh 4:C T1 ,Fye( S`•�2Y'::i fi !-t7:dth :"_ 1aR i .:1.. t.•n.4, '-- i. :•I -• s:1. ..,.... ar.. y �J y�.j •... -. }.. 4 What is the power output from the ChoiceConnect"' devices when they are transmitting data? The maximum power output for the ChoiceConnect' Endpoint devices is less than % watt. In comparison, portable transmitters used by consumers typically operate over the output power range of less than 100 milliwatts (mW) to several watts. 5 Are there any health hazards The World Health Organization (WHO) notes in its Fact Sheet 304: associated with associated with the t devices? "[T]o date, the only health effect from RF fields identified in Choiscientific reviews has been related to an increase in body temperature (> 1 °C) from exposure at very high field intensity found only in certain industrial facilities, such as RF heaters. The levels of RF exposure from base stations and wireless networks are so low that the temperature increases are insignificant and do not affect human health." See WHO Fact Sheet 304 for more information about RF fields at http://www.who.int/mediacentre/factsheets/fs304/en/index,html. Are there RF exposure The FCC has established rules requiring transmitting facilities to comply with standards for the RF exposure guidelines. The limits established in the guidelines are ChoiceConnect' devices? designed to protect the public health with a very large margin of safety, We are informed that these limits have been endorsed by federal health and safety agencies such as the Environmental Protection Agency (EPA) and the FDA. The FCC has established exposure guidelines for RF devices operating in the 300 kilohertz (kHz) —100 GHz range. These safety guidelines are outlined in the publication, OET Bulletin 65 Edition 97-01, Evaluating Compliance with FCC guidelines for Human Exposure to Radiofrequency Electromagnetic Field and can be found at www.fcc.aov/oet/rfsafety. The general population exposure limits set by the FCC for the frequency range utilized by the EndPoint and other devices like cordless phones and baby monitors, is 0.6 milliwatts per centimeter squared (mW/cm') at 902 MHz. When a typical endpoint device is transmitting at its maximum power level, the exposure to radio frequency energy at a distance of 20 centimeters from the endpoint is 0.08 mW/cm2 at 902 MHz, or almost 7.5 times lower than the exposure limit set by the FCC. For more information on the effects of RF energy exposure, please visit the following sites: FCC: Questions regarding potential RF hazards from FCC -regulated transmitters can be directed to the Federal Communications Commission, Consumer & Governmental Affairs Bureau, 445 12th Street, S.W., Washington, D.C. 20554; Phone: 1-888-225-5322; E-mail: rfsafety@fcc.sov; or go to: www•fcc.gov/oet/rfsefety. FDA: For information about radiation from microwave ovens and other consumer and industrial products contact: Center for Devices and Radiological Health (CDRH), Food and Drug Administration. http://www,fda.Rov/cdrh/radhealth/ OSHA: The Occupational Safety and Health Administration's (OSHA) Health 02010, Itron Inc. All rights reserved. /tron Oft ;tiA l�l�t5�1►,@tt, A(i,t� {.� , Response Team has been involved in studies related to occupational exposure to RF radiation. http://www.osha.gov/SLTC/radiation nonionizing/index.html WHO: The WHO's Electromagnetic Fields information page is located at: http:/Iwww.who.int/peh-emf/en/. © 2010, Itron Inc. All rights reserved. City o " Ukiah ITEM NO.: 7i MEETING DATE: UKIAH CITY COUNCIL AGENDA SUMMARY REPORT June 1, 2011 SUBJECT: AUTHORIZE THE ELECTRIC UTILITY TO ISSUE A REBATE FROM THE CITY OF UKIAH'S ENERGY CONSERVATION PROGRAM FOR THE UKIAH PLAYERS THEATRE HVAC UPGRADE PROJECT AND AUTHORIZE THE CITY MANAGER (OR HER DESIGNEE) TO NEGOTIATE AND EXECUTE ALL OF THE RELATED AGREEMENTS. SUMMARY: The Ukiah Players Theater (UPT) is located immediately adjacent to the new Ukiah Skate Park. As previously discussed with Council during the site selection for the Ukiah Skate Park, upgrades to the existing heating and cooling units (HVAC) on the theater building would be necessary due to their inefficiency and the potential sound conflict that may arise from park use. In an effort to mitigate the potential sound conflict, staff identified the City's Electric Utility Energy Conservation Program as a potential source of funding to replace the old and inefficient HVAC units. DISCUSSION: Based upon a professional inspection of the existing units and facility, the total project cost for the replacement of the HVAC units is estimated at $47,000 includes 4 split systems and a heat pump/air handler system. If approved, the Ukiah Players Theatre will be required to obtain a minimum of three quotes and will be completely responsible for executing the project. Staff is returning the item to City Council for official approval. The replacement units at a minimum of a 16 SEER rating will have a significant energy savings and also will mitigate potential sound intrusion from the adjacent park activities. Staff recommends approving a rebate not to exceed $47,000 from the City's Electric Utility's Energy Conservation Program. Fiscal Impact: ❑X Budgeted FY 10/11 F1New Appropriation Not Applicable Budget Amendment Required Available Funds Source of Funds (title) $109,384 Energy Conservation Program Account Number Appropriation Requested 806.3765.250.005 Not to exceed $47,000 Recommended Action(s): Approve a rebate in an amount not to exceed $47,000 from the City of Ukiah's Energy Conservation Program for the Ukiah Players Theatre HVAC Upgrade Project and approve the City Manager (or her designee) to negotiate and execute all related agreements. Alternative Council Option(s): (1) Decline to proceed, or provide direction Citizens advised: Ukiah Players Theatre Requested by: N/A Prepared by: Sage Sangiacomo, Assistant City Manager, Maya Simerson, Project Analyst Coordinated with: Mel Grandi, Director of Public Utilities & Jane Chambers, City Manager Attachments: N/A Approved: _��0,4� L e Chambers, City Manager ci.t•y of 4I%ah ITEM NO.: 12a MEETING DATE: AGENDA SUMMARY REPORT June 1, 2011 SUBJECT: AWARD OF CONTRACT FOR GOBBI STREET ELECTRIC SUBSTRUCTURE PROJECT, SPECIFICATION NO 11-06, TO VALLEY UTILITY SERVICE IN THE AMOUNT OF $344,979.25. (EUD) Summary: Staff is requesting the award of contract for the Gobbi Street Electric Substructure Project, Specification No 11-06, to the lowest responsive bidder, Valley Utility Service, in the amount of $344,979.25. Background: This project will install electric, phone and cable substructures (conduits and vaults) from the new Gobbi Substation to the NCRA right of way on Gobbi Street. The duct system and vaults will be installed along the north side of East Gobbi Street within the street right of way and provide a pathway for all utilities to underground the overhead facilities in the future. On the electric side, the duct system will provide routes for three (3) new 12 kV circuits and two (2) future circuits that will be installed for system operational needs. A significant improvement is the new route for the Perkins Circuit, which will eliminate the hazardous working conditions for employees on Orchard Avenue and reduce long outages that customers have experienced during electric system repairs. Since this project is a shared benefit for all utilities, the cost for some portions of the project will be divided according to space occupied and footage of trench. ATT will pay approximately 25% and Comcast will pay approximately 17% of the trenching, backfill and compaction and asphalt concrete costs. For the City, the new 12 kV circuits will increase the reliability of the overall electric system, reduce outage time and provide for future system expansion. Of the new 12 kV circuits, two (2) will be installed at this time and the third will be installed as the City expands to the south. Discussion: Council approved the plans and specifications for the Gobbi Street Electric Substructure Project, Specification No. 11-06 on March 16, 2011. Following the approval, the City distributed the plans and specifications to the required builders' exchanges, publicly advertised this project in the Ukiah Daily Journal, sent copies of the Notice to Bidders to all licensed Class A and C-10 contractors on the City's 2011 Qualified Contractors List, and posted them to the City's website. Sealed proposals were received and opened by the City Clerk on May 11, 2011. Bids were received from eight (8) contractors. Attachment #1 details the bid results. After evaluating the bid responses, Staff is Continued on Page 2 Recommended Action(s): AWARD BASE BID AND ADDITIVE BID ITEM NO. 1 FOR GOBBI STREET ELECTRIC SUBSTRUCTURE PROJECT, SPECIFICATION NO 11-06, TO VALLEY UTILITY SERVICE IN THE AMOUNT OF $344,979.25. (EUD) Alternative Council Option(s): (1) Reject Bids, (2) Provide Staff with other direction. Citizens advised: Requested by: Mel Grandi, Electric Utility Director Prepared by: Al Smatsky, Electric System Designer Coordinated with: Mary Horger, Purchasing Supervisor, and Jane Chambers, City Manager Attachments: Bid Tabulation Approved: Ja hambers, City Manager recommending award of the base bid ($294,939.25) and additive bid item no. 1 ($50,040.00) to the lowest responsive bidder, Valley Utility Service, in the amount of $344,979.25. If the contract is awarded, construction would be scheduled to start in early June 2011. Note: Additive bid will be field determined if necessary to jack and bore in vicinity of storm drains. Fiscal Impact: ❑X Budgeted FY 10/11 ❑ New Appropriation ❑ Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $1,570,000.00 Overhead Maintenance 800.3728.930.000 . Gobbi Street Joint Utility Substructure Project, Spec, 11-06 Owner: City of Ukiah Bid Opening: 05/11/12 Valley Utility Services, Inc. Tennyson Electric, Inc Newland Entities Inc. Cal Electro Inc. WipfConstruction K.O. Construction Pfister Excarvating Inc. Underground Construction 1779 Tribute Rd Suite B Sacramento, CA 95815 7275 National Drive Suite A2 Livermore, CA 94550 PO Box 3102 Yuba City, CA 95992 5199 Airport Rd Redding Ca, CA 96002 PO Box 234 Ukiah, CA 95482 102 Wolfskill Street Winters, CA 95694 PO Box 4312 Vallejo, CA 95482 5145 Industrial Way Benecia, CA 94510 Base Bid item# Item Desnim! QTY UOM Unit Prix Item Total Unkprke Item Total Unitprke Item Tobl Unit Prix item Total Unitpdo, Rem Total Unit Pure Item Total un/prix item Taal Unit Pd. item Toml EXCAVATE, TRENCH, BACKFILL AND 1 COMPACTION (GOBBI STREET -24"TRENCH) 550 LF $99.00 $54,450.00 $75.00 $41,250.00 $84.18 $46,299.00 $196.47 $108,058.50 $135.25 $74,387.50 $116.00 $63,800.00 $143.00 $78,650.00 $175.00 $96,250.00 EXCAVATE, TRENCH, BACKFILL AND 2 COMPACTION (GOBBI STREET-301 TRENCH) 570 LF $110.00 $62,700.00 $90.00 $51,300.00 $91.21 $51,989.70 $197.58 $112,620.60 $139.14 $79,309.80 $121.00 $68,970.00 $153.00 1 $87,210.00 $195.00 $111,150.00 EXCAVATE, TRENCH, BACKFILL AND 3 COMPACTION (GOBBI STREET-36" TRENCH) 180 LF $120.00 $21,600.00 $95.00 $17,100.00 $131.80 $23,724.00 $199.80 $35,964.00 $146.00 $26,280.00 $126.00 $22,680.00 $167.00 $30,060.00 $195.00 $35,100.00 EXCAVATE, TRENCH, BACKFILL AND 4 COMPACTION (OPEN AREA) 350 LF $65.00 $22,750.00 $60.00 $21,000.00 $67.93 $23,775.50 $202.02 $70,707.00 $101.70 $35,595.00 $63.00 $22,050.00 $70.00 $24,500.00 $105.00 $36,750.00 REMOVE AND REPLACE ASPHALT CONCRETE 5 (GOBBI STREET-24- TRENCH) 2440 SF $5.20 $12,688.00 $10.00 $24,400.00 $10.35 $25,254.00 $3.61 $8,808.40 $23.00 $56,120.00 $17.50 $42,700.00 $5.75 $14,030.00 $9.00 $21,960.00 REMOVE AND REPLACE ASPHALT CONCRETE 6 (GOBBI STREET-30" TRENCH) 2135 SF $5.20 $11,102.00 $10.00 $21,350.00 $10.35 $22,097.25 $3.61 $7,707.35 $23.00 $49,105.00 $17.50 $37,362.50 $5.75 $12,276.25 $9.00 $19,215.0011 REMOVE AND REPLACE ASPHALT CONCRETE 7 (GOBBI STREET-36- TRENCH) 720 SF $5.20 $3,744.00 $10.00 $7,200.00 $10.35 $7,452.00 $3.61 $2,599.20 $23.00 $16,560.00 $17.50 $12,600.00 $5.75 $4,140.00 $9.00 $6,480.00 8 SIDEWALK REMOVAL AND REPLACEMENT 104 SF $16.00 $1,664.00 $10.00 $1,040.00 $15.53 $1,615.12 $61.05 $6,349.20 $20.00 $2,080.00 $37.00 $3,848.00 $20.00 $2,080.00 $40.00 $4,160.00 6" PVC SCH 40 CONDUIT (ELECTRIC) INCLUDING 9 INSTALLATION 8957 FT $6.25 $55,981.25 $10.00 $89,570.00 $5.13 $45,949.41 $3.33 $29,826.81 $5.10 $45,680.70 $6.50 $58,220.50 $10.00 $89,570.00 $8.00 $71,656.00 4' PVC SCH 40 CONDUIT ELECTRIC INCLUDING 10 INSTALLATION 1670 FT $4.00 $6,680.00 $6.00 $10,020.00 $5.16 $8,617.20 $1.89 $3,156.30 $2.77 $4,625.90 $5.50 $9,185.00 $8.00 $13,360.00 $5.00 $8,350.00 4" PVC SCH 40 CONDUIT (ATT) INCLUDING 11 INSTALLATION 3800 FT $4.00 $15,200.00 $6.00 $22,800.00 $4.51 $17,138.00 $1.33 $5,054.00 $2.57 $9,766.00 $4.85 $18,430.00 $8.00 $30,400.00 $4.00 $15,200.00 2" PVC SCH 40 CONDUIT (COMCAST) INCLUDING 12 INSTALLATION 4620 FT $2.50 $11,550.00 $3.00 $13,860.00 $3.42 $15,800.40 $0.89 $4,111.80 $1.83 $8,454.60 $3.50 $16,170.00 $5.50 $25,410.00 $3.00 $13,860.00 11 INDUIT (COMCAST) INCLUDING 13 INSTALLATION 20 FT $5.00 $100.00 $6.00 $120.00 $7.76 $155.20 $22.20 $444.00 $3.00 $60.00 $4.85 $97.00 $10.00 $200.00 $4.00 $80.00 EXCAVATE, BACKFILL, COMPACTION AND 14 INSTALL CABLE SERVICE BOX(ES) (COMCAST) 4 EA $500.00 $2,000.00 $500.00 $2,000.00 $582.31 $2,329.24 $133.20 $532.80 $1,500.00 $6,000.00 $1,990.00 $7,960.00 $400.00 $1,600.00 $5,000.00 $20,000.00 SIDEWALK REMOVAL AND REPLACEMENT FOR 15 INSTALLATION OF CABLE SERVICE BOX(ES) 48 SF $20.00 $960.00 $10.00 $480.00 $19.41 $931.68 $61.05 $2,930.40 $20.00 $960.00 $39.50 $1,896.00 $30.00 $1,440.00 $40.00 $1,920.00 A , IIACKFIU� CUM 16 INSTALL CONCRETE VAULT(CITYTO PROVIDE) 3 EA $1,355.00 $4,065.00 $1,500.00 $4,500.00 $12,940.24 $38,820.72 $1,110.00 $3,330.00 $5,085.00 $15,255.00 $4,875.00 $14,625.00 $6,000.00 $18,000.00 $7,000.00 $21,000.00 EXCAVATE, BACKFILL, COMPACTION AND 17 INSTALL CONCRETE VAULT(CITYTO PROVIDE) 1 EA $1,000.00 $1,000.00 $2,200.00 $2,200.00 $9,705.18 $9,705.18 $1,332.00 $1,332.00 $5,085.00 $5,085.00 $2,350.00 $2,350.00 $5,000.00 $5,000.00 $5,200.00 $5,200.00 BACKFILL, COMPACTION 18 INSTALL ELECTRIC PEDESTAL (CITY TO PROVIDE) 1 EA $400.00 $400.00 $3,000.00 $3,000.00 $1,617.53 $1,617.53 $999.00 $999.00 $2,000.00 $2,000.00 $1,400.00 $1,400.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 EXCAVATE, BACKFILL, COMPACTION AND 19 INSTALL PADMOUNT SWITCH BOX PAD(CITYTO 1 EA $425.00 $425.00 $3,000.00 $3,000.00 $970.52 $970.52 $949.88 $949.88 $2,000.00 $2,000.00 $4,300.00 $4,300.00 $1,500.00 $1,500.00 $2,700.00 $2,700.00 REMOVE AN D REPLACE LANDSCAPE - 217 E 20 GOBBI STREET 1 LS $2,980.00 $2,980.00 $12,500.00 $12,500.00 $8,411.16 $8,411.16 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $2,600.00 $2,600.00 $4,000.00 $4,000.00 $1,200.00 $1,200.00 21 11ANE STRIPING 100 FT $29.00 $2,900.00 $5.00 $500.00 $15.53 $1,553.00 $15.00 $1,500.00 $22.80 $2,280.00 $20.00 $2,000.00 $30.00 $3,000.00 $45.00 $4,500.00 Bid List II $349,190.00 $354,205.81 $408,981.24 $443,104.50 $413,244.00 $447,926.25 $499,231.00 Additive Bid Item No. l Item# item DesaipUonI QTY UOM vailpria,11 Item Total Unit Prix Item Total Unit Prix Item Thal Unit Price Item Total Unit Prix item Toml Unil price item Ta[ol Unit Price Item Total Unit Prix item Total 1 BORING ANDIACKING 26" STEEL PIPE (ELECTRIC) 36 LF $750.00 $27,000.00 $400.00 $14,400.00 $500.00 $652.00 $23,472.00 $335.00 $12,060.00 $945.00 $34,020.00 $820.00 $29,520.00 $1,100.00 $39,600.00 BORING =JACKING 12" STEEL PIPE (ATT & 2 COMCAST) 36 LF $640.00 $23,040.00 $290.00 $10,440.00 $350.00 �$18OOO....000 $480.00 $17,280.00 $187.25 $6,741.00 $770.00 $27,720.00 $620.00 $22,320.00 $1,000.00 $36,000.00 Bid Ust $50,040.00 $24,840.00 $40,752.00 $18,803.00$61,740.00 $51,840.00 $75,600.00 Total Bid Amount $344,979.25 $374,030.00 $449,733.24 $461,905.50 $474,984.00 $499,766.25 $574,831.00 Listed Subs A&BAsphalt Sealing- LACO Associates Padfie goring Swisher, Wayne Td County Grading Walter C. Smith AC Co. Drilling Walter C.Smith Pacific Boring Walter C. Smith ITEM NO.: MEETING DATE: City a,J' 4lk�rr.Fz, AGENDA SUMMARY REPORT 12b June 1, 2011 SUBJECT: REJECT BID FOR RIVERSIDE PARK PHASE ONE TRAIL AND REVEGETATION PROJECT SPECIFICATION NO. 11-04 AND APPROVE SPECIFICATION NO. 11-09. Summary: The City of Ukiah Community Services Department is managing the Riverside Park Development Project funded by the California Resources Agency River Parkways Grant program. Background: In June of 2008, the California Resources Agency announced their River Parkways Grant Program Awards to 31 cities in the state of California with the City of Ukiah receiving an award for $810,000 for Riverside Park. Riverside Park is located at the east end of Gobbi Street. The grant project area or "Phase 1" includes improvements to the entry area, construction of the main trail, one river access trail and one loop trail. The improvements will meet the River Parkways criteria for restoration of the riparian habitat by removing invasive vegetation and replanting native species. Phase 1 will include approximately 2,500 linear feet of trail and 1,200 linear feet of river bank riparian restoration. The rough grading and removal of debris portion of the project has already been completed under a separate competitive bid contract. Discussion: The City advertised the Riverside Park Phase One Trails and Revegetation Project Specification No. 11-04 through a prequalification process and received one bid on May 10, 2011. The bid tabulation is included as Attachment #1. The bid in the amount of $694,999 is significantly higher than the engineer's estimate of $545,000 - $592,000. Furthermore, City staff has reviewed the bid and identified a number of items that appear Continued on Page 2 Recommended Action(s): Reject Bid for Riverside Park Phase One Trail and Revegetation Project Specification No. 11-04 and approve Specifications No. 11-09 for release. Alternative Council Option(s): 1) Approve Plans and Specifications with modifications; or 2) Reject Plans and Specifications and provide Staff with other direction. Prepared by: Katie Marsolan, Community Services Administrator Mary Horger, Purchasing Supervisor Coordinated with: Warren McClung, ASLA, Ann Baker Landscape Architecture, and RRM Design Group Attachments: #1. Bid Results Draft Plans and Specifications (Available online at www.citvofukiah.com located under the Purchasing Department and at the Ukiah Civic Center. 300 Seminary Avenue) Approved: �Ie Chambers, City Manager to be priced high. For example, the unit price for a bench was listed at $2,940 and a picnic table was $5,700. As recognized as a concern during the Council discussion at the onset of the project, the prequalification process was likely too restrictive and not as competitive as desired. While the process did not achieve the desired results, staff learned a number of lessons in the first attempt to implement a prequalification process that can be applied in future solicitations for specialty projects, when appropriate. In an effort to move the project forward, staff is recommending that Council reject the bid and re- release the request for bids in a conventional competitive solicitation that doesn't require a prequalification process. Given the initial bid process, the specifications for this project have now been well vetted. Staff has worked with Warren McClung ASLA in collaboration with Ann Baker Landscape Architecture and RRM Design Group to prepare an update to the specifications. The project work generally consists of selective removal of non-native invasive plants, site grading, construction of stabilized aggregate trails, native plant restoration, landscaping, site furnishings, and signage. Some of the updates to the specifications include incorporating addenda items that were issued during the first bidding process and overall refining the specification details. If the Council approves the revised specifications, they will be immediately released for bidding. Due to the size of the document, the plans and specifications No. 11-04 for Riverside Park Phase One Trails and Revegetation Project are available for City Council and public review at www.citvofukiah.com website located under the Purchasing Department and at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. This work is budgeted in the Park Development Fund and is reimbursed by the River Parkways Grant Program. Fiscal Impact: XI Budgeted FY 10/11 ❑ New Appropriation F-1 Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addict. Appropriation Requested $679,141 Park Development: Riverside Park 140.6050.930.006 $0 ATTACHMENT Riverside Park Phase One - Trail and Revegetation Project Owner: City of Ukiah Bid Opening: 05/12/11 Bioengineering Associates, • marks an allowance Inc. PO Box 1554 Laytonville, CA 95454 Bidder Status: Valid Base Bid Item # j Item Description Quantity Unit of Measure Unit Price Item Total 1. CONSTRUCTION ITEM 1.01, SITE CLEARING AND DEMOLITION. 1 LS 532,400.00 $32,400.00 2 CONSTRUCTION ITEM 1.02, ERADICATION OF INVASIVES 1 LS $37,200.00 $37,200.00 3 CONSTRUCTION ITEM 1.03, SWPPP COMPLIANCE 1 LS $36,000.00 4 CONSTRUCTION ITEM 1.04, TREE PRUNING 1 LS 8,400.00 8,400.00 5 CONSTRUCTION ITEM 2.01, GRADING 1 LS 12,000.00 12,000.00 61 CONSTRUCTION ITEM 7.01, PAVING TYPE 1: MULTI -USE TRAIL 14750 SF $11.11 $163,872.50 7 CONSTRUCTION ITEM 7.02, PAVING TYPE 2: OVERLOOK TRAIL 4615 SF 13.52 62,394.80 8 CONSTRUCTION ITEM 7.03, PAVING TYPE 3: TERRACE TRAIL 1505 SF 14.91 $22,439.55 9 CONSTRUCTION ITEM 7.04, PAVING TYPE 4: URBANITE 200 SF $46.20 $9,240.00 10 CONSTRUCTION ITEM 7.05, BOULDER: 2-4 TON, SIZE, QTY AND LOC. PER PLAN 147 TN $14,999.88 11 CONSTRUCTION ITEM 7.06, CRIB STEPS 1 LS 34,800.00 534,800.00 12 CONSTRUCTION ITEM 8.01, FENCE TYPE 1: CHAIN LINK, 8 18 LF $400.00 $7,200.00 131 lCONSTRUCTION ITEM 8.02, ENTRY GATE 2 EA 8,640.00 17,280.00 14 CONSTRUCTION ITEM 8.03, BOLLARD TYPE 1: REMOVABLE 1 EA 3,000.00 3,000.00 15 CONSTRUCTION ITEM 8.04, HAND RAIL 60 LF 80.00 4,800.00 16 CONSTRUCTION ITEM 9.01, BENCH 4 EA 2,940.00 $11,760.00 17 CONSTRUCTION ITEM 9.02, PICNIC TABLE 2 EA $11,400.001 18 CONSTRUCTION ITEM 9.03, TRASH RECEPTACLE 4 EA $1,674.00 $6,696.00 19 CONSTRUCTION ITEM 9.04, BIKE RACK 1 EA 2,640.00 2,640.00 20 CONSTRUCTION ITEM 9.05, PARK SIGN 1 EA $5,640.00 5,640.00 21 CONSTRUCTION ITEM 9.06, PROP. 50 SIGN 1 EA $2,040.00 2,040.00 22 CONSTRUCTION ITEM 9.07, WAY -FINDING SIGN 2 EA $1,440.00 $2,880.00 23 CONSTRUCTION ITEM 10.01, IRRIGATION SYSTEM 1 LS $42,000.00 $42,000.00 24 CONSTRUCTION ITEM 11.01, SOIL PREPARATION, TYPE 1 10200 SF $1.26 $12,852.00 25 CONSTRUCTION ITEM 11.02 NOT USED 0 LS 0.00 $0.00 26 CONSTRUCTION ITEM 11.03, TREE, T -POT 67 EA 32.24 2,160.08 27 CONSTRUCTION ITEM 11.04, SHRUB, D -POT 69 EA 27.83 1,920.27 28 CONSTRUCTION ITEM 11.05, SHRUB, 1 -GAL 87 EA 19.31 1,679.97 29 CONSTRUCTION ITEM 11.06, SHRUBS, TREE BAND 2724 EA 5.07 13,810.68 30 CONSTRUCTION ITEM 11.07, WILLOW STAKING 175 EA $54.86 $9,600.50 31 CONSTRUCTION ITEM 11.08, PLUG PLANTING 5900 EA 2.24 $13,216.00 321 lCONSTRUCTION ITEM 11.09, SEEDING 61250 SF0.18 11,025.00 33 CONSTRUCTION ITEM 11.1, MULCH 16000 SF 0.53 8,480.00 34 1CONSTRUCTION ITEM 11.11, PLANT ESTABLISHMENT PERIOD ONE 1 LS 19,800.00 191800.00 35 ICUNSTRUCTIUN ITEM 11.12, PLANT ESTABLISHMENT PERIOD TWO 1 LS 19,800.00 191800.00 Bid List I I I f6-65,427.23 Additive Alternative One Item # I I Item Description I Quantityl Unit of Measure Unit Price Item Total 11 1CONSTRUCTION ITEM 1, CANOE LANDING 11 LS $13,500.00 13,500.00 Bid List 13,500.00 Additive Alternate Two Item # 11 Item Description Quantity I Unit of Measure Unit Price Item Total 11 1CONSTRUCTION ITEM 2, STEPS AT OVERLOOK 11 LS 16,072.00 16,072.00 Bid List 16,072.00 Total Bid Amount 1 $694,999.23 Listed Subs CAGWIN & DORWARD Non-selective herbicide application & seeding HELMER & SONS Paving and Steps ITEM NO.: MEETING DATE: AGENDA SUMMARY REPORT 12c June 1, 2011 SUBJECT: APPROVE ACQUISITION OF PROFESSIONAL CONSULTING SERVICES FROM GREEN VALLEY CONSULTING ENGINEERS IN THE AMOUNT OF $20,025 FOR DESIGN, CONSTRUCTION MANAGEMENT, AND INSPECTION OF A GUARD RAIL FOR THE BABCOCK LANE BRIDGE APPROACH, AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT TO CONTRACT. AND APPROVE BUDGET AMENDMENT Background & Discussion: As a follow-up to the March 2, 2011 status report to City Council, staff requested a proposal from Green Valley Consulting Engineers to complete engineering design and provide construction management/inspections services for a guard rail on the Babcock Lane approach to the new bridge structure constructed for the realignment of Gobbi Street — Oak Manor Drive — Babcock Lane intersection. The Babcock Lane bridge end wall is located at the edge of pavement which is also the top of bank for Gibson Creek. Due to this configuration, construction of the guard rail will trigger either an amendment to the City's existing Fish and Game permit or a new Fish and Game permit. Green Valley's proposal includes the necessary Fish & Game permit coordination. Once design work is complete, the City will advertise and award the guard rail project so that construction can be completed during the summer months when Fish & Game will allow work adjacent to the creek. Furthermore, staff has been monitoring a section of the east bank of Gibson Creek to determine if extension of rip -rap is required. Green Valley's proposal includes coordinating the potential rip -rap work with the Fish and Game permit for the guard rail work. Fiscal Impact: Budgeted FY 10/11 X❑ New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $0 699.260.010 Special Projects 300.9632.930.000 $40,000 Recommended Action(s): 1) Approve acquisition of professional consulting services from Green Valley Consulting Engineers in the amount of $20,025 for design, construction management, and inspection of a guard rail for the Babcock Lane bridge approach, 2) Authorize City Manager to execute amendment to contract, and 3) Approve budget amendment. Alternative Council Option(s): Provide direction to staff. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works — Engineering and Streets Coordinated with: Jane Chambers, City Manager Attachments: None. Approved: J Chambers, City Manager ITEM NO.: 13a MEETING DATE. AGENDA SUMMARY REPORT June 1, 2011 SUBJECT: AUTHORIZE CITY MANAGER TO RENEW AND SIGN CONTRACT FOR THREE-YEAR MASTER MICROSOFT SERVER AND PC SOFTWARE LICENSING AGREEMENT WITH DELL COMPUTERS, INC. FOR $38,231.71 PER YEAR FOR A THREE YEAR PERIOD. Summary: The City currently uses Desktop Computers and laptops running mix of Windows XP and Windows 7. The Servers run various versions of Microsoft server operating systems, which were the current versions at time of the systems purchases. The City primary productivity application is Microsoft Office 2010 Professional. The Information Services Department has leveraged the Microsoft Master Agreement over the last five years to provide efficient, safe, cost-effective operations and simplify the installation of new computers. Staff has researched the software marketplace for alternate approaches to operating system management and believes that the best solution is to renew our Microsoft Enterprise Agreement which will continue to consolidate all our standard server and PC operating and application software under one contract. This Agreement also includes all the operating systems software needed to support the Enterprise Resource Planning (ERP) project — Financial Software. Staff received a quote from Dell Computers, Inc., an authorized Microsoft Enterprise Agreement partner qualified to handle the State of California's Riverside Agreement. Using the State's agreement allows the City to leverage the volume pricing tier of a much larger organization. Beyond direct financial savings, the avoidance of loss through accidental means or malicious loss from having a non -securable infrastructure protect the City from business disruption and potential liability risk exposures (exposure of private citizen information, loss of irreplaceable data). Discussion: In reviewing options open to us, the best choice appeared to be renewing our master license contract. Under this concept the City contracts for the rights to use a specified number of copies of all the software needed for our applications, in a single purchase. This approach has numerous advantages compared to purchasing software piecemeal with hardware as it is replaced or a need is identified: Continued on Page 2 Recommended Action(s): Authorize City Manager To Renew And Sign Contract For Three -Year Master Microsoft Server And Pc Software Licensing Agreement With Dell Computers, Inc. For $38,231.71 Per Year For A Three Year Period. Alternative Council Option(s): Do not approve and provide direction to staff. Citizens advised: Requested by: Steven Butler, IT Supervisor Prepared by: Steven Butler, IT Supervisor Coordinated with: Jane Chambers City Manager; Sage Sangiacomo, Asst. City Manager; Mary Horger, Purchasing Supervisor Attachments: Microsoft Licensinq Quotation Approved: itChambers, City Manager 1. The cost of replacing a desktop system is reduced to just the hardware, a savings of $624 per purchase. Currently each computer the City purchases includes charges for OEM (Original Equipment Manufacturer) software. This adds $279.95 for the Operating System (currently Windows 7 Professional — OEM version) and an additional $299.00 for the desktop productivity suite (currently Microsoft Office Professional 2010 — OEM version) to each computer we purchase, plus tax. 2. Software can be pre -configured and installed on new PC's at the factory, saving City IS staff significant time in the installation and setup of replacement PC's. In addition the tools provided by the Master agreement allow IS staff to migrate users, their files and settings to new PCs easily. This reduces end user confusion and allows the employee to effectively use their new system quickly. 3. City has full rights to all version upgrades for life of contract so that all users will be kept current. This will allow us to maintain a consistent and secure platform moving forward with newly released advances designed to protect the computer systems utilized at the City. 4. License paperwork and disks for each PC are not used, simplifying maintenance and recovery from crashes. Instead of loading software back onto a PC from the original installation CD's, entering OEM code - keys and stepping through an installation process at the user's desk, IS staff will download the software from a central network drive utilizing the single license which will be valid for all the City's computers. 5. Software is centrally managed across the network from the IS office. This not only simplifies maintenance but allows a consistent software configuration to be placed on all computers. 6. PCs remain centrally managed reducing support as users have less ability to damage their systems. This is accomplished by leveraging policies available in software licensed under the Microsoft Agreement. This feature is not available in the OEM software. 7. Computer training for users remains cost effective as the computer environment is consistent across all PCs. This allows the training we perform to be accurate and directly applied to the computer the user will use in their work. Currently with the various versions of software on the computers, training is confusing as the menus in the software vary from version to version. This leads to confusion and additional support issues. 8. Networked software provides "self -healing" capabilities not found in pre-installed OEM versions. With networked software, should files become lost or corrupted, the applications automatically contact the central software file and download the necessary components without manual intervention. In addition, when users perform new functions (i.e. mail merge or data conversions) with their software, the new functions are automatically installed without the need to have IS staff bring disks and install the new features manually. 9. New server software provides user self-support capabilities for lost and deleted files. Shared folders under the current server software employ Shadow Copy, a facility that allows users to request previous versions of files even if they were overwritten or damaged without the help of IS personnel. 10. The Microsoft vendor provides enhanced enterprise support to the IS team. This includes online technical tools, dedicated support phones for Enterprise Agreement customers and specialized software available only to EA clients. 11. Employees can use authorized copies of the software on their home PC's to enable them to work off-site as well as become proficient with the software they use on the job. 12. Employees have access to extensive online self -paced training courses for Microsoft software. These tutorials can be accessed from home as well as the office enabling the employees to become proficient with the software they use for their jobs at their own pace. Fiscal Impact: ❑X Budgeted FY 10/11 F] New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 38,231.71 Contractual Services 100.1965.250.001 ATTACHMENT City of Ukiah 5/9/2011 Microsoft EA Agreement Quotation Dell Inc Fritzi Mulkey MS Licensing Specialist 512-723-4848 fritzi mulkey0dell.com Note: Pricing is Guaranteed for 30 Days 'Note: The following must be noted on every PO in order for tax to be removed 1. PO must be payable to Dell Marketing L.P. 2. "Electronic Delivery" must be referenced on the PO. 3. PO must be signed. Microsoft Part# Product Desription Unit Price Qtt t Totals Enterprise Products 269-12442 OfficeProPlus ALNG SA MVL Pitfrm $81.10 175 $14,192.50 FQC-03029 WinPro ALNG SA MVL Pltfrm wMDOP $35.80 175 $6,265.00 W06-01069 CoreCAL ALNG SA MVL Plffrm DvcCAL $27.41 175 $4,796.75 Additional Products 395-02504 ExchgSvrEnt ALNG SA MVL $617.41 1 $617.41 4WD -00286 FrFrntTMGStd ALNG SA MVL 1 Proc $199.80 1 $199.80 D87-01159 VisioPro ALNG SA MVL $81.10 3 $243.30 H04-00268 SharePointSvr ALNG SA MVL $750.84 1 $750.84 H30-00238 PrjctPro ALNG SA MVL wl PrjctSvrCAL $158.12 4 $632.48 P73-00226 WinSvrStd ALNG SA MVL $110.55 6 $663.30 J3A-00167 SysCtrCnfgMgrSvrALNG LicSAPk MVL $201.80 1 $201.80 MCD -00417 SysCtrSvrMgmtSteDataCtrALNG LicSAPk MVL $304.37 8 $2,434.96 P71-01031 WinSvrDataCtr ALNG LicSAPk MVL 1Proc $838.13 8 $6,705.04 UAR-00662 SysCtrOpsMgrSvrALNG UcSAPk MVL $202.47 1 $202.47 CVA -00038 SysCtrDPMSvrMLStd ALNG LicSAPk MVL $58.76 1 $58.76 TSC -00379 SysCtrDPMCItML ALNG LicSAPk MVL PerOSE $8.91 30 $267.30 Total Year 1 Payment $38,231.71 Enterprise Products 269-12442 OfficeProPlus ALNG SA MVL Pltfrm $81.10 175 $14,192.50 FQC-03029 WinPro ALNG SA MVL Pltfrm wMDOP $35.80 175 $6,265.00 W06-01069 CoreCAL ALNG SA MVL Pitfrm DvcCAL $27.41 175 $4,796.75 Additional Products 395-02504 ExchgSvrEnt ALNG SA MVL $617.41 1 $617.41 4WD -00286 FrFrntTMGStd ALNG SA MVL 1 Proc $199.80 1 $199.80 D87-01159 VisioPro ALNG SA MVL $81.10 3 $243.30 H04-00268 SharePointSvr ALNG SA MVL $750.84 1 $750.84 H30-00238 PrjctPro ALNG SA MVL wl PrjctSvrCAL $158.12 4 $632.48 P73-00226 WinSvrStd ALNG SA MVL $110.55 6 $663.30 J3A-00167 SysCtrCnfgMgrSvr ALNG UcSAPk MVL $201.80 1 $201.80 MCD -00417 SysCtrSvrMgmtSteDataCtrALNG LicSAPk MVL $304.37 8 $2,434.96 P71-01031 WinSvrDataCtr ALNG LicSAPk MVL 1Proc $838.13 8 $6,705.04 UAR-00662 SysCtrOpsMgrSvrALNG UcSAPk MVL $202.47 1 $202.47 CVA -00038 SysCtrDPMSvrMLStd ALNG LicSAPk MVL. $58.76 1 $58.76 TSC -00379 SysCtrDPMCItML ALNG UcSAPk MVL PerOSE $8.91 30 $267.30 Total Year 2 Payment $38,231.71 Enterprise Products 269-12442 OfficeProPlus ALNG SA MVL Pltfrm $81.10 175 $14,192.50 FQC-03029 WinPro ALNG SA MVL Pltfrm wMDOP $35.80 175 $6,265.00 W06-01069 CoreCAL ALNG SA MVL Pitfrm DvcCAL $27.41 175 $4,796.75 Additional Products 395-02504 ExchgSvrEnt ALNG SA MVL $617.41 1 $617.41 4WD -00286 FrFrntTMGStd ALNG SA MVL 1 Proc $199.80 1 $199.80 D87-01159 VisioPro ALNG SA MVL $81.10 3 $243.30 H04-00268 SharePointSvr ALNG SA MVL $750.84 1 $750.84 H30-00238 PrjctPro ALNG SA MVL wl PrjctSvrCAL $158.12 4 $632.48 P73-00226 WinSvrStd ALNG SA MVL $110.55 6 $663.30 J3A-00167 SysCtrCnfgMgrSvrALNG LicSAPk MVL $201.80 1 $201.80 MCD -00417 SysCtrSvrMgmtSteDataCtr ALNG UcSAPk MVL $304.37 8 $2,434.96 P71-01031 WinSvrDataCtr ALNG LicSAPk MVL 1 Proc $838.13 8 $6,705.04 UAR-00662 SysCtrOpsMgrSvrALNG LicSAPk MVL $202.47 1 $202.47 CVA -00038 SysCtrDPMSvrMLStd ALNG LicSAPk MVL $58.76 1 $58.76 TSC -00379 SysCtrDPMCItML ALNG LicSAPk MVL PerOSE $8.91 30 $267.30 Total Year 3 Payment $38,231.71 Total Payment $114,695.13 f'itJ J" Uklafa SUBJECT: ADOPTION FOR THE LIBRARIES ITEM NO.: 13b MEETING DATE: June 1, 2011 AGENDA SUMMARY REPORT OF RESOLUTION IN SUPPORT OF A 1/8 CENT SALES TAX MEASURE NOVEMBER 2011 BALLOT TO SUPPORT MENDOCINO COUNTY Discussion: Councilmember Thomas has asked for this agenda item to be considered. Please see his letter to Council and the respective attachments. Fiscal Impact: Budgeted FY 10/11 ❑ New Appropriation FX] Not Applicable ❑ Budget Amendment Required Recommended Action(s): Adoption Of Resolution In Support Of A 1/8 Cent Sales Tax Measure For The November 2011 Ballot To Support Mendocino County Libraries Alternative Council Option(s): Citizens advised: Requested by: Councilmember Benj Thomas Prepared by: Coordinated with: Jane Chambers, City Manager, and Linda Brown, Admin Assistant Attachments: 1) Letter to Council 2) Resolution 3) County Draft Ordinance Approved: J!r hambers, City Manager ATTACHMENT, , 1, May 25, 2011 To the Mayor and my fellow Councilmembers: I have been a Library Advisory Board member since coming onto the Council, and as your liaison to the Board, I have to tell you, once again, that Mendocino County libraries are in trouble. All branches will have a further reduction to staff and hours this year. Ukiah is currently open four days per week, but beginning in July, it will be open only 3 days per week. The situation is so bad that unless we act now, there is the possibility that in the near future, specific branches may be closed and their collections dispersed. The LAB is convinced that unless we do something now, we face a future with fewer libraries and diminished service. We have heard people say that the Friends of the Library groups have reserves that can augment the library shortfall. In fact, the Friends are spending more than they are taking in and will deplete their funds within a year or two. This is our proposed solution. Like many counties and cities around California we need a special tax. Woodland, Marin County, Los Altos, are among the many that have passed measures in the last two years. The LAB has asked the BOS to put a dedicated 1/8 cent sales tax measure to support the libraries on the November 2011 ballot, and they agreed to do so by a unanimous vote. The proposed 1/8 cent sales tax can be viewed as an expression of the public will to allocate resources and support libraries. It needs 2/3 approval in order to pass. This is a high hurdle. We believe that libraries are held in virtually universal high regard, and that the tax measure will pass. But the support of local agencies will help ensure that. To summarize, the proposed ordinance will provide a stable, secure and independent funding source for 16 years. When the 1/8 cent sales tax measure passes, it will raise $1.3 million annually. It will: • Restore hours at existing branches through the county; • Keep branches open 5 days per week; • Expand library programs for children and young adults; • Expand outreach programs for individuals who cannot easily come to a library • Acquire and replace library equipment and materials. I know your support for the libraries is strong and that you want to be part of the effort in building total community support for this effort. And that is why I am here today to ask you to pass the Resolution to support a 1/8 cent sales tax measure on the November ballot to support Mendocino County Libraries. Benj Thomas ATTACHMENT Z RESOLUTION NO. 2011 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH TO SUPPORT A 1/8 CENT SALES TAX MEASURE ON THE NOVEMBER 2011 BALLOT TO SUPPORT MENDOCINO COUNTY LIBRARIES WHEREAS, the County of Mendocino Library System has drastically reduced staff and hours of operation in the last four years, and WHEREAS, California Governor Brown's 2011-12 budget proposal eliminates current State funding supporting the Mendocino County libraries; and WHEREAS, over the last several years, library funding has taken a disproportionate amount of budget cuts; and WHEREAS, Mendocino County Library staff have been cut over 25% in the past three years; and WHEREAS, the Mendocino County Library needs stable, secure and independent funding to be able to accomplish its mission for the citizens of Mendocino County; and WHEREAS, the Mendocino County Board of Supervisors directed County Counsel to prepare a "Mendocino County Public Library Transactions and Use Tax Ordinance" for possible later adoption and submission to the voters in November 2011; and WHEREAS, this Ordinance would create a special 1/8 cent sales tax for the exclusive support of the Mendocino County Library; and WHEREAS, the specific projects for which the revenues from the transactions and use tax may be expended are as follows: Maintaining local public libraries; Restoring Open Hours at existing branches throughout the County to the level of 2006-07; Expanding library programs for children and young adults; Expanding outreach programs for individuals who cannot easily come to a library; Acquiring and replacing library equipment and library materials; and WHEREAS, this measure will help prevent further cuts to the hours our libraries are open; and WHEREAS, the Mendocino County Library is the largest provider of free Internet broadband for county residents; and WHEREAS, this body supports the incredible value of our Mendocino County Library system, NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council supports placing a measure on the November 2011 ballot calling for a the adoption of a 1/8 cent sales tax to support the Mendocino County Library and urges residents of Mendocino County to vote yes on the ballot initiative in November 2011. PASSED AND ADOPTED by the Ukiah City Council on June 1, 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mari Rodin, Mayor ATTEST: JoAnne Currie, City Clerk ATTACHMENT ORDINANCE NO. ORDINANCE ADDING CHAPTER 5.170 OF TITLE 5 TO THE MENDOCINO COUNTY CODE IMPOSING A LIBRARY SPECIAL TRANSACTIONS AND USE TAX The Board of Supervisors of the County of Mendocino ordains as follows: Chapter 5.170 of Title 5 is added to the Mendocino County Code to read as follows: "LIBRARY SPECIAL TRANSACTIONS AND USE TAX Section 5.170.000. Title. This ordinance shall be known as the County of Mendocino Library Special Transactions (Sales) and Use Tax Ordinance. The County of Mendocino shall hereinafter be called "County." This ordinance shall be applicable in the incorporated and unincorporated territory of the County. Section 5.170.010. Operative Date. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. Section 5.170.020. Purpose. This ordinance is adopted to achieve the following, general purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7286.59 that authorize the County to adopt this tax ordinance which shall be operative if a two-thirds majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To enact a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C.. To enact a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To enact a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use'taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. Section 5.170.030. Restricted Use of the Tax. A. Proceeds from this tax shall be deposited into the County Treasury in a special fund entitled "Library Special Tax Fund" (hereinafter the "fund"). B. Monies deposited into the fund, together with any interest that accrues thereon, shall be used exclusively for preserving the existing libraries; reversing the deterioration in services at the existing libraries, upgrading of facilities, services, and collections; and extending branch library services to the unserved and underserved areas of the County. The specific projects for which the revenues from the transactions and use tax may be expended are as follows: 1. Maintaining local public libraries; 2. Restoring Open Hours at existing branches throughout the County to the level of 2006-07; 3. Expanding library programs for children and young adults; 4. Expanding outreach programs for individuals who cannot easily come to a library; 5. Acquiring and replacing library equipment and library materials. C. The revenues collected from this tax shall be used only to supplement existing expenditures for public libraries and shall not be used to supplant existing funding for the support of public libraries. Section 5.170.040. Contract With State. Prior to the operative date, the County shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the County shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. Section 5.170.050. Transactions Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated and unincorporated territory of the County at the rate of one-eighth cent (0.125%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. Section 5.170.060. Place Of Sale. A. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out- of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. B. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. Section 5.170.070. Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the County of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-eighth cent (0.125%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. Section 5.170.080. Adoption Of Provisions Of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. Section 5.170.090. Limitations On Adoption Of State Law And Collection Of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this County shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this County or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: (a.) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; (b.) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. The word "County" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. Section 5.170.100. Permit Not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. Section 5.170.110. Exemptions And Exclusions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state - administered transactions or use tax. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the County which is shipped to a point outside the County, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the County shall be satisfied: (a.) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1(commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -County address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and (b.) With respect to commercial vehicles, by registration to a place of business out -of -County and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this County of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the County shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the County or participates within the County in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the County or through any representative, agent, canvasser, solicitor, subsidiary, or person in the County under the authority of the retailer. 7. "A retailer engaged in business in the County" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1(commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the County. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a County imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. Section 5.170.120. Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. Section 5.170.130. Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the County, or against any officer of the State or the County, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. Section 5.170.140. 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. Section 5.170.150. Sunset. The Tax imposed by this Chapter shall be imposed for sixteen (16) years from the Operative Date of the tax as set forth in this ordinance and, thereafter, shall no longer be imposed. Section 5.170.160. Effective Date. This ordinance shall take effect upon adoption by a two-thirds vote of the electorate. PASSED AND ADOPTED by the Board of Supervisors of the County of Mendocino, State of California, on this day of , 2011, by the following roll call vote: AYES: NOES: ABSENT: WHEREUPON, the Chair declared the Ordinance passed and adopted and SO ORDERED. ATTEST:CARM EL J. ANGELO Clerk of the Board Deputy APPROVED AS TO FORM: JEANINE B. NADEL, County Counsel KENDALL SMITH, Chair— Mendocino County Board of Supervisors I hereby certify that according to the provisions of Government Code Section 25103, delivery of this document has been made. BY: CARMEL J.ANGELO Clerk of the Board Deputy ITEM NO.: MEETING DATE: Gz�Jp j' �I�aFt AGENDA SUMMARY REPORT 13c June 1, 2011 SUBJECT: APPROVE CITY COUNCIL RESPONSE TO GRAND JURY REPORT TITLED: "RICOCHET BULLETS—NO PROBLEM!" The Mendocino County Grand Jury issued a report titled "Ricochet Bullets—No Problem!" dated February 19, 2011. Council will see that the Grand Jury requested responses from a number of city staff members, in addition to the responses requested from the City Council. Staff has included all of the items requested by the Grand Jury in this response document. The response deadline is June 8, 2011. The Grand Jury report is Attachment 2. Fiscal Impact: Budgeted FY 10/11 F-1NewAppropriation Not Applicable Budget Amendment Required Recommended Action(s): Approve City Council Response To Grand Jury Report Titled: "Ricochet Bullets—No Problem!" Dated February 19, 2011. Alternative Council Option(s): Provide input for changes to the report and approve the report with the changes. Citizens advised: Requested by: Mendocino County Grand Jury Prepared by: Jane Chambers, City Manager Coordinated with: Charley Stump, Community Development Director and Chris Dewey, Public Safety Director Attachments: 1) Response to Grand Jury 2) Grand Jury Report Approved: J e hambers, City Manager Grand Jury Report RESPONSE FORM RE: Report Titled: Ricochet Bullets — No Problem! Report Dated. February 19, 2011 Response Form Submitted By: City Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Response MUST be submitted, per Penal Code §933.05, no later than: June 8, 2011 I have reviewed the report and submit my responses to the FINDINGS portion of the report as follows: ❑ I (we) agree with the Findings numbered: 1, 8, 15, 25 ❑ I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore. 2 3 4 5 6 7 9 12 13 19 20 21 22 23 24 26 I have reviewed the report and submit my responses to the RECOMMENDATIONS portion of the report as follows: ❑ The following Recommendation(s) have been implemented and attached, as required, is a summary describing the implemented actions: 5 ❑ The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: Response not required GRAND JURY REPORT RESPONSE FORM PAGE TWO ❑ The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the date of publication of the Grand Jury Report) ❑ The following Recommendations will NOT be implemented because they are not warranted and/or are not deemed reasonable, attached, as required is an explanation therefore: 16 I have completed the above responses, and have attached, as required the following number of pages to this response form: Number of Pages attached: 7 I understand that responses to Grand Jury Reports are public records. They will be posted on the Grand Jury website: www.co.mend6cino.ca.yi1&andjur The clerk of the responding agency is required to maintain a copy of the response. I understand that I must submit this signed response form and any attachments as follows: First Step: E-mail (word documents or scanned pdf file format) to: • The Grand Jury Foreperson at:rg andjuryna,co.mendocino.ca.us • The Presiding Judge: sally. nevarez@mendocino.courts.ca.og_v • The County's Executive Office: an eg loc(a,co.mendocino.ca.us Second Step: Mail all originals to: Mendocino County Grand Jury P.O. Box 939 Ukiah, CA 95482 Printed Name: Ukiah Cijy Council Title: Ma or Mari Rodin Signed: Date: 6/1/11 Mendocino County Grand Jury Report Ricochet Bullets — No Problem Ukiah City Council Response Narrative Summary of Required Responses to Grand Jury Findings: #1-- "The UGC leases 96.82 acres of property owned by the City located outside city limits in Mendocino County". Response: A ParcelQuest search document states the lot acres at 96,820. #2—"The Sherriff's Office, functioning as an agent of the County, is operating under the Agreement with the UGC, which expired on July 7, 2005." Response: The City of Ukiah cannot verify this statement. #3 — "The Ukiah Police Department (UPD) does not have an Agreement with UGC." Response: The Ukiah Police Department and the Ukiah Gun Club have met and agreed upon a system where Ukiah Police Firearms Trainers have become Gun Club members. UPD Firearms Trainers are allowed to bring other UPD members to the gun club as visitors for various firearms training purposes. These include infrequent firearms qualification requirements for UPD officers who miss other scheduled training at other facilities, Firearms Trainers checking weapon functionality after repairing weapons, or other training requirements requiring the use of a firearms range. The Ukiah PD and the Ukiah Gun Club agreed upon this procedure to allow access to a regional firearms facility for training or other purposes, as a way to reduce costs associated with sending officers to other facilities, further away from Ukiah. #4—"The County and the City each disclaim responsibility as to who has planning/zoning jurisdiction over the property leased from the City and located outside the City limits." Response: The City Planning Department is not aware of the position of the County on this matter. The subject property, while owned by the City is not located within the City limits, so by law, the City has no planning or zoning jurisdiction. # 5-- "When the city purchased the 96.82 acre property in 1993, for $650,000; "the appraised value was $800,000 to $1,200,000." Response: The Grand Jury indicates that the City Council Minutes of December 15, 1993 records this amount; City staff is otherwise not knowledgeable regarding the appraised value from 18 years ago. #6-- "The assessed value for the 96.82 acres, which the UGC leases from the City, is $40,000 Response: The current assessed value for the property stated on a ParcelQuest search document is $42,063. #7-- "The UGC rent to the City is $5,000 annually plus 2% per year" Response: As of 11/30/10, Land Rental was $7,001 for UGC. #8 --"The lease between the UGC and the City terminates in 2044 Response: The lease agreement terminates December 31, 2044 #9 --"The UGC pays $739.06 in property taxes annually to the County per the lease agreement with the City Response: County records indicate that property taxes at the last semi-annual payment, were $259.87 for this parcel. #12 — "Training for UPD officers is conducted at a Windsor police training facility and Chamberlain Creek Conservation Camp." Response: Along with these facilities, the Ukiah Police Department does use the Ukiah Gun Club. #13 — "UPD Range Masters train new recruits at the Ukiah Gun Club. The Range Masters' membership is paid by the City." Response: As noted in comment #3, the Ukiah Police Department does train new officers who have not yet had the opportunity to attend a scheduled training at another facility, along with other officers who may have missed a required training because of vacation, court, or injury. Ukiah Police Firearms Trainers memberships are paid by the City of Ukiah to reduce the department's training costs associated with leasing facilities. #15-- "There are two restrooms and a kitchen at the clubhouse." Response: It is the city staff's understanding that these rooms exist at the clubhouse #19 — "Metal targets and metal -framed targets are used at the ranges." Response: Metal targets and metal -framed targets are common in firearms training. The Ukiah Police department appreciates the use of these materials as a way to reduce costs, while providing a safe training environment for our personnel. Firearms Trainers from both the Ukiah Gun Club and Ukiah Police Department are constantly on the safeguard for unsafe conditions, and every possible safeguard is used to conduct firearms training in a safe environment. Attached is an April 1998 Professional Assessment regarding firearm safety at Ukiah Gun Club. #20 — " The ammunition rounds impact a rock -ridden hillside." Response: Police Department Firearms Trainers are required to check for safe conditions in target areas, and impact areas, prior to conducting each training event. The impact areas that Ukiah Police Firearms Trainers have observed are regularly maintained, and in very good condition. Also see the Professional Assessment Report. #21- "Ricochets have been reported and a gunshot wound from a ricochet bullet has been documented in the press." Firearms Trainers from both the Ukiah Gun Club and Ukiah Police Department are constantly on the safeguard for unsafe conditions, and every possible safeguard is used to conduct firearms training in a safe environment. The Ukiah Police Department has no knowledge of any reported ricochets or gunshot wounds at this facility. See the Professional Assessment Report. #222' A UGC internal newsletter verified that a ricochet problem exists." The Ukiah Police Department has no knowledge nor has received any notification that a ricochet problem exists at the Ukiah Gun Club. The Ukiah Police Department Firearms Trainers receive extensive training in the use of firearms and the ability to present safe training for Police Officers. The Department's Firearms Trainers meet and work regularly with the Ukiah Gun Club Range Masters to ensure a safe training environment exists, and UPD Trainers and UGC Range Masters are required to constantly check and inspect facilities to ensure that training is presented in a safe manner. See the Professional Assessment Report. #23—" Vichy Springs Road is one way in and one way out." Response: UGC Access is a dirt road with a one way in and one way out loop, which attaches to Vichy Springs Road, which is itself, a two-way County road. #24—"In 1982, the UGC was grandfathered in with non -conforming use." Response: The City staff has no planning/'zoning jurisdiction on the site, and does not know if in 1982 the UGC was grandfathered in with non -conforming use. #25—"The lease states that, "The lessee (UGC) shall not, without the lessor's (the City) prior consent, make any alterations, improvements, additions, changes or modifications to, on, in, or upon the leased premises." Response: City confirms that this language is in the lease. #26—"The October 2010 UGC newsletter addressed the construction of a new pistol range, a second pistol range, and re -terracing the shotgun range. All three would violate the lease." Response: The City of Ukiah staff do not receive the newsletter and therefore do not know what was written in the October 2010 UGC newsletter. Staff disagrees that such improvements would violate the lease. Failure to request the City's consent prior to making such alterations would violate the lease, but not necessarily those alterations themselves. Narrative Summary of Required Responses to Grand Jury Recommendations: #1—"The City and County resolve the disagreement over planning/zoning jurisdiction." Response: The City and County may not disagree on this matter. The City has no zoning jurisdiction because the property is not in the City limits. County has no jurisdiction because the City is exempt from County zoning requirements. #5—" The City designates a department to oversee and enforce provisions of the lease." Response: The UGC lease is a long-standing, and long-term lease. Administration of the Lease has been assigned to the Public Works Department, specifically, to the Deputy Director for Engineering and Streets Division, who is answerable to the City Manager. This assignment is in keeping with the Division's oversight of the landfill area, which includes administering budgets and operations for the former waste disposal site. #6—"The City or the County Planning Commission ensure all buildings modified or built after 1982 be inspected for compliance." Response: It is assumed that the recommendation is to have the buildings inspected to ensure that they comply with the California Building Code. However, it is not the responsibility of the City Planning Commission to ensure that buildings in the City be inspected for compliance with the California Building Code. Attachment for Findings 419 Page 1 of 2 Professional Firearms Service P.O. Box 283, Clayton, CA 94517 (925) 672-6931 April 20, 1998 Ms. Candace Horsley City Manager 300 Seminary Avenue Ukiah, CA 94582 Dear Ms. Horsley: Per our agreement, we inspected the Ukiah Gun Club property on March 26, 1998. We were accompanied by Mr. Rick Kennedy, City Engineer and were met by Mr. Willard Cartstedt, Ukiah Gun Club President and several club members. We were able to make several observations regarding safety issues. The club grounds appeared to be rather well laid out with gun handling safety a priority. We also noted that the grounds were clean and well maintained, keeping in mind that most gun clubs operate entirely with volunteer labor and supervision. Mr. Carlstedt then conducted a tour of the various shooting areas. There are three basic ranges. To the left is the shotgun range and is not a concern, in as much as they shoot shot/pellets usually limited to 6, 7'/Z, 8 and 9 size and have a rather short range. The hand gun range (third) is apparently not a problem as the impact area is soft dirt, free of rocks and other hard debris. The area is surrounded by dirt berms 10 to 15 feet high and only hand gun caliber's, lead bullets with a velocity of 1400 FPS or less may be used. This range does not appear to be a concern at this time. The center range is the rifle range and apparently the major concern of this inspection. Our objective was to determine the possibility or likely hood of ricochet rounds landing in inappropriate areas. The range is laid out so that the normal direction of firing is away front the residential area. The impact area is soft moist dirt and free of rocks and other hard objects, other than target plates. The hill is covered with trees and in some areas heavy brush. The space between the impact area and the residential area contains heavy foliage and was difficult to see through, even at this time of year when the plant life is dormant. The target plates being used are between approximately 100 and '175 meters from the shooting points and were spaced out over the face of the hill in the soft dirt and trees. The design of the metal targets was observed and it should be noted they are free swinging and all the target plates I observed were hinged at the top to allow the bottom of the target to swing away from the shooter when struck, which would deflect the bullet downward. Visual triangulation of the shooting points, the impact area, and the location of the reported findings of rounds, indicate that the locations of the reported finding are at approximately 90 degrees or greater angle from the target impact area. 0 Page 2 April 20, 1998 In review of the above observations, several aspects should be noted. The impact area, soft dirt, debris free, heavy foliage, the angle of the plates (deflects bullets downward) are all considered good range conditions. The distance to the complaint location (almost'/Z mile) and the angle 90 degree or greater with heavy foliage in between, makes ricochets virtually non-existent, but not impossible. It is my opinion that the range is well constructed and I find it unlikely that numerous rounds are ricocheting off the range. Due to the impact area and the angle of the plates it is very improbable that complete rounds would come off of the plates at 90 degrees or greater and travel approximately '/2 mile. In as much as bullets that hit a plate at a right angle will usually flatten or disintegrate, or ricochet with the direction of the plate, in this case downward. The only way a round that has not been badly damaged by impact in the target area would land almost '/2 mile away is if the round was fired into the air. This is very unlikely on a controlled range that places safety as its number one priority. Conversely, I understand that uncontrolled shooting is allowed on Bt.M Property to the rear of the residential area where shooting is allowed other than hunting season. It is not impossible that an errant round could go astray and leave the range and land in an undesirable area but, in my opinion this is very unlikely to happen with any amount of frequency, given the above factors. Sincerely, Herman Rellar ATTACHMENT '' County of Mendocino Post Office Box 939 Grand Jury Ukiah, CA 95482 www.co.mendocino.ca.us/grandjury grandjury@co.mendocino.ca.us Grand Jury Report Transmittal (with Instructions and Response Form for Required Respondents) Jane Chambers, Manager City of Ukiah 300 Seminary Ave Ukiah, CA 95482 Date: April 7, 2011 RE: Report Titled: Ricochet Bullets - No Problem! Dated: February 19, 2011 Your response to the attached report by the 2010/2011 Mendocino County Civil Grand Jury is required pursuant to Penal Code §933.05 (enclosed). Penal Code §933.05 also requires that your response to the Findings and Recommendations contained in the report be in writing and be submitted within 60 days for individual responses from elected county officers or agency head or within 90 days for governing bodies (including such entities as school boards, city councils and the Board of Supervisors). Penal Code §933.05(f) specifically prohibits disclosure of the contents of this report by a public agency or its officers or governing body prior to the release to the public. The report will be released to the public and posted on the grand jury website two (2) or more days after the date of this letter. The Penal Code is specific as to the format of responses. Complete and sign the enclosed Response Form and attach any additional comments as required. Should you have any questions after reviewing the enclosures, please contact me at grandjury@co.mendocino.ca.us or at the address above. Sincerely, '9�w'�*Ze (��Al Katharine Wylie Foreperson 2010/2011 Mendocino County Grand Jury For your Information SUMMARY OF PENAL CODE 933.05 Penal Code § 933.05 provides for only two (2) acceptable responses with which agencies and/or departments (respondents) may respond with respect to the findings of a Grand Jury report: 1. The respondent agrees with the finding. 2. The respondent disagrees wholly or partially with the findings, in which case the respondent shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. Penal Code § 933.05 provides for only four (4) acceptable responses with which agencies and/or departments (respondents) may respond with in respect to the recommendations of the Grand Jury. 1. The recommendation has been implemented, with a summary regarding the implemented action. 2. The recommendation has not yet been implemented, but will be in the future, with a timeframe for implementation. 3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis, with a timeframe for the matter to be prepared for discussion by the officer or head of the agency/department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six (6) months from the date of publication of the Grand Jury Report. 4. The recommendation will not be implemented because it is not warranted or is not reasonable, with a detailed explanation therefore. However, If a finding and/or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency/department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency/department. Grand Jury Report RESPONSE FORM RE: Report Titled: Ricochet Bullets - No Problem! Report Dated. February 19, 2011 Response Form Submitted By: Jane Chambers, Manager City of Ukiah 300 Seminary Ave Ukiah, CA 95482 Response MUST be submitted, per Penal Code §933.05, no later than: June 8, 2011 I have reviewed the report and submit my responses to the FINDINGS portion of the report as follows: ❑ I (we) agree with the Findings numbered: ❑ I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore. I have reviewed the report and submit my responses to the RECOMMENDATIONS portion of the report as follows: ❑ The following Recommendation(s) have been implemented and attached, as required, is a summary describing the implemented actions: ❑ The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: GRAND JURY REPORT RESPONSE FORM PAGE TWO ❑ The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the date of publication of the Grand Jury Report) ❑ The following Recommendations will NOT be implemented because they are not warranted and/or are not deemed reasonable, attached, as required is an explanation therefore: I have completed the above responses, and have attached, as required the following number of pages to this response form: Number of Pages attached: I understand that responses to Grand Jury Reports are public records. They will be posted on the Grand Jury website: www.co.mendocino.ca.us/grand�rX. The clerk of the responding agency is required to maintain a copy of the response. I understand that I must submit this signed response form and any attachments as follows: First Step: E-mail (word documents or scanned pdf file format) to: The Grand Jury Foreperson at: grandjury@co.mendocino.ca.us The Presiding Judge c/o Sally Nevarez: sally.nevarez@mendocino.courts.ca.gov The County's Executive Office: angeloc@co.mendocino.ca.us Second Step: Mail all originals to: Mendocino County Grand Jury P.O. Box 939 Ukiah, CA 95482 Printed Name: Title: Signed: Date: Ricochet Bullets - No Problem! Public Safety Apparently Not a Concern to City or County February 19, 2011 Summary The 2010 -2011 -Grand Jury (GJ) conducted an investigation into the lease and operation of the Ukiah Rifle and Pistol Club, a.k.a. the Ukiah Gun Club (UGC) to discover what services are utilized by law enforcement agencies and if there is any possible danger to the public or liability to public agencies. The GJ discovered the property is owned by the City of Ukiah (City) and leased to the UGC, a private non-profit organization. Access is by membership only and members can bring guests. Methods The GJ reviewed ordinances, zoning, and the permit process for the UGC. The GJ conducted various interviews with City and County officials, including law enforcement. Numerous documents were inspected, including the July 1, 2005 Agreement between the County and UGC (reportedly being updated). The GJ was denied access to tour the UGC facilities. The UGC declined to participate in the GJ interview process. Background The UGC, established in 1945, is currently located on Vichy Springs Road. In 1982, the facilities were grandfathered in with approximately 80 members. The .UGC is used by various law enforcement agencies to maintain their professional skill levels. The UGC hours of operation are 7 a.m. to sunset, seven days a week, year round. The UGC is located on property owned by the City and leased to UGC. The UGC is used for rifle and pistol target practice (including Black Powder) and trap shooting. The physical property is comprised of multiple buildings, one of which is a clubhouse used for meetings and events. There are also frequent weekend events during the summer attended by a number of members and guests. Vichy Springs Road is a 2 -lane road that serves as access to the UGC, a large housing development and leads to Vichy Springs Resort. The road has no outlet and only one entrance/exit into the UGC property. There is no turn lane into the UGC private road. Findings 1. The UGC leases 96.82 acres of property owned by the City located outside city limits in Mendocino County. 2. The Sherriff's Office, functioning as an agent of the County, is operating under the Agreement with the UGC, which expired on July 7, 2005. 3. The Ukiah Police Department (UPD) does not have an Agreement with UGC. 4. The County and the City each disclaim responsibility as to who has planning/zoning jurisdiction over the property leased from the City and located outside the City limits. 5. When the City purchased the 96.82 acre property in 1993, for $650,000; "the appraised value was $800,000 to $1,200,000'". 6. The assessed value for the 96.82 acres, which the UGC leases from the City, is $40,000. 7. The UGC rent to the City is $5,000 annually plus 2% per year. 8. The lease between the UGC and the City terminates in 2044. 9. The UGC pays $739.06 in property taxes annually to the County per the lease agreement with the City. 10. Only members and guests are allowed to use the facilities of the UGC. 11. Mendocino County Sheriff's Office (MCSO) deputies are signed in as guests and pay $5 each per day. 12. Training for UPD officers is conducted at a Windsor police training facility and Chamberlain Creek Conservation Camp. 13. UPD Range Masters train new recruits at the UGC. The Range Masters' membership is paid by the City. 14. The UGC has one 1200 -gallon septic system that serves one mobile home and the clubhouse. There are two port -a -potties on the property. 15. There are two restrooms and a kitchen at the clubhouse. 16. The Ukiah Valley Sanitation District staff stated there is no sewer hook up. 17. In 1993, the UGC requested the County to issue a Use Permit for an archery range. 18. In March 1994, the County issued Use Permit 27-93 to the Ukiah Archers for a range on the UGC property. The permit was withdrawn on October 17, 1994 at Ukiah Archer's request. 19. Metal targets and metal -framed targets are used at the ranges. 20. The ammunition rounds impact a rock -ridden hillside. 21. Ricochets have been reported and a gunshot wound from a ricochet bullet has been documented in the press. 22.A UGC internal newsletter verified that a ricochet problem exists. 23. Vichy Springs Road is one way in and one way out. 24. In 1982, the UGC was grandfathered in with non -conforming use. 1 Minutes of the City Council — December 15, 1993 2 25. The lease states that, "The lessee (UGC) shall not, without the lessor's (the City) prior consent, make any alterations, improvements, additions, changes or modification to, on, in, or upon the leased premises." 26. The October 2010 UGC newsletter addressed the construction of a new pistol range, a second pistol range, and re -terracing the shotgun range. All three would be violations of the lease. Recommendations The Grand Jury recommends that: 1. the City and County resolve the disagreement over planning/zoning jurisdiction, (Finding 4) 2. the BOS enact an ordinance barring use of metal targets and metal framed targets, (Findings 19-21) 3. the BOS enact an ordinance requiring use of bullets, other than metal jacketed rounds for target practice, (Findings 19-21) 4. the BOS enact an ordinance requiring erection of hay bales or sand berms behind targets to alleviate possibility of ricochets, (Findings 19-21) 5. the City designate a department to oversee and enforce provisions of the lease, (Findings 2, 25-26) 6. the City or the County Planning Commissions ensure all buildings modified or built after 1982 be inspected for compliance, (Findings 2, 14-16, 26) 7. the Environmental Health Department inspect the kitchen premises for health code compliance, (Finding 15) 8. the County Planning and Building Department perform all required inspections of septic systems. (Findings 14-15) Discussion The UGC is a private, non-profit organization and although the MCSO trains and practices at the UGC, access to the UGC was denied to the GJ. Given the number of safety concerns and lack of oversight by either the City or County, the GJ feels an obligation to address these issues. The City and County have been disputing jurisdiction regarding code enforcement. In March 1994, the County, at the request of the UGC Archery club, processed a request for a User Permit and issued that permit (U27-43) which indicates that the County has jurisdiction. The permit was withdrawn at the request of the Archery club. Their denial has resulted in confusion and concern over whether the facilities are up to code and safe. Both City and County officials stated that unless there was a nuisance complaint they are content with the status quo. That is not acceptable since there are real safety issues. There is also concern about the County's failure to regulate this gun range, which potentially creates a liability for the County. News articles have shown that lately other cities and counties have discovered this liability as an additional expense. A number of news articles have reported that several outdoor gun ranges have been shut down because of liability concerns including stray bullets and ricochets. In addition, the City does not have a designated department to monitor and ensure adherence to the lease provisions. There have been alterations, improvements, changes, and modifications to, on, in, or upon the leased premises. The City will not address this issue unless there are specific complaints. This is not acceptable since a lease is a legal contract. The GJ recognizes that this report can raise questions about other issues that are not addressed at any real extent in this report. This does not mean these issues are not important or substantial. However, these issues are not within the scope of this report — lead contamination, air quality, assessment, traffic and other issues. Required Responses Mendocino County Board of Supervisors (Findings 2, 4, 14-15, 17-21; Recommendations 1-4, 6-8) Mendocino County Chief Executive Office (Findings 2, 4,14-15, 17-21; Recommendations 1-4, 6-8) Mendocino County Sheriff's Office (Findings 2, 11, 19-21; Recommendations 2-4) Mendocino County Environmental Health Department (Findings 14-16; Recommendation 7) Mendocino County Planning Department (Findings 2, 4,14-15, 17-18; Recommendations 1, 6, 8) Mendocino County Assessor Office (Findings 5-6, 9) City of Ukiah City Council (Findings 1, 3-9, 15, 21-26; Recommendations 1, 5-6) 2 City of Ukiah, City Manager (Findings 1, 3-9, 15, 21-26; Recommendations 1, 5- 6) City of Ukiah Police Department (Findings 3, 12-13, 19-22) City of Ukiah Planning Department (Findings 2, 4, 19-22, 24-26; Recommendations 1, 5-6) Requested Responses Ukiah Gun Club (Findings 1-3, 5-11, 13-15, 17-26; Recommendations 2-8) Vichy Springs Resort (Findings 19-26; Recommendations 1-8)