HomeMy WebLinkAbout2011-06-29 PacketAMENDED
CITY OF UKIAH
CITY COUNCIL AGENDA
Special Meeting
Ukiah Valley Conference Center
Chenin Blanc Room
200 S. School Street
Ukiah, CA 95482
June 29, 2011
5:00 a.m.
WORKSHOP
ROLL CALL
2. UNFINISHED BUSINESS
a. Approve LAFCo Contract With E. Mulberg Associates For The Preparation Of The City Of
Ukiah Municipal Service Review
3. WORK STUDY SESSION
a. Strategic Service Planning Process Discussion
b. Other Strategic Discussion as Desired by Council
4. PUBLIC COMMENT
5. ADJOURNMENT
Please be advised that the City needs to be notified 24 hours in advance of a meeting if any specific accommodations or
interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to
reasonably accommodate individuals with disabilities upon request.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for
public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business
hours, Monday through Friday, 7:30 am to 5:00 pm
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the
bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than
24 hours prior to the meeting set forth on this agenda.
Dated this 24th day of June, 2011.
Linda C. Brown, Acting City Clerk
city r}'411 afi
ITEM NO.. 2a
MEETING DATE: June 29, 2011
AGENDA SUMMARY REPORT
SUBJECT: APPROVE LAFCO CONTRACT WITH E. MULBERG ASSOCIATES FOR THE
PREPARATION OF THE CITY OF UKIAH MUNICIPAL SERVICE REVIEW
SUMMARY: On May 18, 2011, the City Council unanimously approved a Memorandum of
Understanding with LAFCo to prepare the City's Municipal Service Review (MSR) Attachment No. 3).
The MOU set forth the steps and process by which the MSR would be prepared, including the City's
direct decision-making participation. City Staff has participated in the preparation of the Request for
Proposals, the development of a prospective consultant list, a pre-bid consultant meeting, review of the
submitted proposals, and on June 15, 2011, the interview of the top two firms. This Agenda Item is
seeking City Council's approval of the LAFCo Contract with E. Mulberg Associates for the preparation of
the City's MSR.
The Proposals: The Request for Proposals was sent to over 20 firms who had experience preparing
Municipal Service Review documents. The following four proposals were submitted in response to the
RFP:
Firm
Proposed Cost for the City of Ukiah MSR
PlanWest Partners
$12,320
E. Mulberg Associates
$20,320
Kleinschmidt
$28,300
Policy Consulting Associates
$44,175
The LAFCo Ad-Hoc Committee, LAFCo Staff and City Staff met to review and rank the proposals. After
considerable discussion, there was unanimous agreement that PlanWest partners and E. Mulberg
Associates had submitted the top two proposals and that these two firms should be interviewed by the
Committee. It was determined that the other two proposals failed to respond adequately to the RFP, had
inexperienced teams, or were unstructured and confusing.
The Interviews: The LAFCo Ad-Hoc Committee, LAFCo Staff and City Staff conducted interviews on
June 15, 2011. Both firms interviewed well and impressed the Committee. After a lengthy discussion,
Recommended Action(s): 1) Approve contract with E. Mulberg Associates for the preparation of the
City of Ukiah Municipal Service Review
Alternative Council Option(s): Provide alternative direction to Staff
Citizens advised: N/A
Requested by: Charley Stump, Director of Planning and Community Development
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney
Attachments: 1)Contract
2)Proposal submitted by E. Mulberg
3)City-LAFCo MOU
Approved: !
J e Chambers, City Manager
the Committee, LAFCo Staff and City Staff unanimously selected E. Mulberg Associates to prepare the
City's MSR for a not-to-exceed amount of $20,320.
Mr. Mulberg has considerable experience reviewing Municipal. Service Review documents working for a
LAFCo and preparing them as an employee for a private consulting firm. He also performed as the
Special Districts Commissioner on the Sacramento LAFCo, held a seat on the CALAFCo Board of
Directors, and has been both a Director and a member of a number of special districts. He has a strong
academic background and an extensive knowledge of City, County, LAFCo, and special district financing.
Recommended Action: Approve the LAFCo contract with E. Mulberg Associates for the preparation of
the City's Municipal Service Review.
Fiscal Impact:
1XI Budgeted FY 11/12 ❑ New Appropriation ❑ Not Applicable F-1 Budget Amendment Required
The funds are included in the fiscal year 2011-2012 budget: Account No. 100.1990.250.000
2
Attachment #
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of , 201_ ("Effective
Date"), by and between the Local Agency Formation Commission, a local agency formation
commission formed under and in compliance with the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (Cal. Gov't Code §56000 et seq.), hereinafter referred
to as "LAFCO" and E. Mulberg, Associates, a sole proprietorship, organized and in good
standing under the laws of the state of California, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. LAFCO requires consulting services related to prepare municipal service reviews
("MSRs") for the City of Ukiah ("Part 1 and for districts in the Ukiah Valley ("Part 2).
b. Consultant represents that it has the qualifications, skills, and experience and that it is
properly licensed to provide these services, and is willing to provide them according to
the terms of this Agreement.
C. LAFCO and Consultant agree upon the Scope-of-Work and Work Schedule attached
hereto as Attachment "A", describing contract provisions for the project and setting forth
the completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Exhibit "A")
2.0 SCOPE OF SERVICES
2.1 As set forth in Exhibit "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between LAFCO and Consultant. The written Agreement shall be in the form
of an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from LAFCO and shall
complete such services within elg-ht nine months from receipt of the Notice to Proceed in
accordance with the Work Schedule attached hereto as Exhibit B. Consultant shall
Std - ProfSvcsAgreement
PAGE I OF 8
complete the work to the LAFCO's reasonable satisfaction, even if contract disputes
arise or Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $20,320 for Part 1 and $25,440 for Part
2, as further detailed in the attached Exhibit C. Labor charges shall be based upon
billing rates of $ 80 per hour for the services of Elliot Mulberg which shall include
all direct and indirect costs and expenses of every kind or nature. Consultant shall
complete the Scope of Work for the not-to-exceed guaranteed maximum, including both
labor charges and all reimbursable expenses, even if actual time and expenses exceed
that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time or expenses required to complete
those activities than the parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a
portion of the work of this Agreement shall be approved by LAFCO prior to
commencement of work. The cost of sub-consultants shall be included within the
guaranteed not-to-exceed amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by LAFCO. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable
LAFCO to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the LAFCO's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of LAFCO for any purpose
whatsoever. LAFCO shall have no right to, and shall not control the manner or prescribe
the method of accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in LAFCO have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
Std - ProfSmAgreement
PAGE 2 OF 8
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and LAFCO.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold LAFCO and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to LAFCO. Consultant has no interest and will not acquire any direct or indirect interest
that would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage -
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability.
Std - ProtSmAgreement
PAGE 3 OF 8
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the LAFCO. At the option of the LAFCO, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects to the LAFCO
AND THE CITY OF UKIAH, its officers, officials, employees and volunteers; or
the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverages
a. The LAFCO, the CITY OF UKIAH, and their officers, officials,
employees and volunteers are to be covered as additional
insureds as respects; liability arising out of activities performed by
or on behalf of the Consultant, products and completed operations
of the Consultant, premises owned, occupied or used by the
Consultant, or automobiles owned, hired or borrowed by the
Consultant for the full period of time allowed by law, surviving the
termination of this Agreement. The coverage shall contain no
special limitations on the scope-of-protection afforded to the
LAFCO, the CITY OF UKIAH, and their officers, officials,
employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance
as respects to the LAFCO. The CITY OF UKIAH, and their
Std - ProfSvcsAgreement
PAGE 4 OF 8
officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the LAFCO, the CITY OF UKIAH,
and their officers, officials, employees or volunteers shall be in
excess of the Consultant's insurance and shall not contribute with
it.
E
F
2.
3
4
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the LAFCO, the CITY OF UKIAH,
and their officers, officials, employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of
LAFCO, the CITY OF UKIAH, and their officers
volunteers for losses arising from Consultant's
pursuant to this Agreement.
Professional Liability Coverage
subrogation against the
officials, employees and
performance of the work,
If written on a claims-made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from
August 1, 2011------ to August 1, 2012------------.
All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
LAFCO.
Acceptability of Insurers
Insurance is to be placed with admitted California insurers with
rating of no less than A- for financial strength, AA for long-term
AMB-1 for short-term credit rating.
Verification of Coverage
an A.M. Best's
credit rating and
Consultant shall furnish the LAFCO with Certificates of Insurance and with
original Endorsements effecting coverage required by this Agreement. The
Certificates and Endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The Certificates
and Endorsements are to be on forms provided or approved by the LAFCO.
Where by statute, the LAFCO's Workers' Compensation - related forms cannot
be used, equivalent forms approved by the Insurance Commissioner are to be
substituted. All Certificates and Endorsements are to be received and approved
Std - ProfSvcsAgreement
PAGE 5 OF 8
by the LAFCO before Consultant begins the work of this Agreement. The
LAFCO reserves the right to require complete, certified copies of all required
insurance policies, at any time. If Consultant fails to provide the coverages
required herein, the LAFCO shall have the right, but not the obligation, to
purchase any or all of them. In that event, the cost of insurance becomes part of
the compensation due the contractor after notice to Consultant that LAFCO has
paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the LAFCO and the CITY OF UKIAH for any
claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or
omission or the willful misconduct of Consultant in the performance of services under
this contract by Consultant, but this indemnity does not apply to liability for damages for
death or bodily injury to persons, injury to property, or other loss, arising from the sole
negligence, willful misconduct or defects in design by the LAFCO of the C ITY OF
UKIAH, or arising from the active negligence of the LAFCO or the CITY OF UKIAH.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation
expenses.
References in this paragraph to LAFCO and the CITY OF UKIAH or Consultant, include
their officers, employees, agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by LAFCO and all
documents or reports and supportive data prepared by Consultant under this Agreement
are owned and become the property of the LAFCO upon their creation and shall be
given to LAFCO immediately upon demand and at the completion of Consultant's
services at no additional cost to LAFCO. Deliverables are identified in the Scope-of-
Work, Attachment "A". All documents produced by Consultant shall be furnished to
LAFCO in digital format and hardcopy. Consultant shall produce the digital format, using
software and media approved by LAFCO.
7.2 Governinq Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
Std - ProfSvcsAgreement
PAGE 6 OF 8
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub-contract its interest or obligation under all or any portion
of this Agreement without LAFCO's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) LAFCO has abandoned and does not wish to
complete the project for which Consultant was retained. A party shall notify the other
party of any alleged breach of the Agreement and of the action required to cure the
breach. If the breaching party fails to cure the breach within the time specified in the
notice, the contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. LAFCO shall pay the Consultant only for services
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to LAFCO all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages LAFCO may incur
as a result of Consultant's breach of contract.
7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. When so signed, each such document shall
be admissible in administrative or judicial proceedings as proof of the terms of the
Agreement between the parties.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered„ or delivered by FAX with confirmation of receipt, or 48 hours after
deposit in the U.S. Mail addressed to the parties as follows:
LAFCO
FAX: 916-257-7986
FAX:
Consultant
Std - ProtSvesAgreement
PAGE 7 OF 8
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY:
PRINT NAME:
IRS IDN Number
LOCAL AGENCY FORMATION COMMISSION
BY:
Date
Date
Std - ProfSvcsAgreement
PAGE 8 OF 8
EXHIBIT A
Municipal Service Review City of Ukia and Ukiah Valley Districts Scope of Work
3:
SCOPE OF WORK
As requested in the RFP, E Mulberg &
Associates will complete a municipal
service review for the City of Ukiah and
special districts in the Ukiah Valley. The
City of Ukiah is a full-service city that
provides the following services:
. . Tr
• Water - The City serves w r
approximately 5,600 service ,
connections. The water source is a
combination of groundwater from
the Ukiah Valley Groundwater A
Basin (23 percent) and surface WWI
water from the Russian River (77 percent).
• Wastewater - The City works with the Ukiah Valley Sanitation District (UVSD) to
provide approximately 11,000 equivalent sewer service units. The City operates a
wastewater treatment plant that treats wastewater from the City and the UVSD_
• Electric Utility - The City operates the Lake Mendocino Hydroelectric Plant at Coyote
Dam consisting of a 1,000-kilowatt unit and a 2,500-kilowatt unit.
• Solid waste disposal - The City contracts for solid waste pickup and disposal from a
private company.
• Stormwater Drainage - The Street Maintenance Division of the Public Works
Department maintains stormwater facilities within the City.
• Law Enforcement - The Ukiah Police Department has 43 employees, which includes
32 sworn officers and 10.5 civilian positions.
• Fire and Emergency Medical Services - The Ukiah Fire Department includes 20 full-
time staff. The Department operates from one fire station with assistance from the
Ukiah Valley Fire District Station located on the south end of town. The department
maintains an ISO rating of 3 of 10, where 1 is the best.
• Parks and Recreation - The city operates 12 parks of approximately 55 acres and an
18-hole municipal golf course. The Department also provides a wide array of
recreational activities. This includes recreational activities at Lake Mendocino and the
Grace Hudson Museum.
• Animal Control Animal Control is provided through the Community Services
Department. In 2007, the City had one full-time employee and contracted with the
County for shelter services.
• Airport - The airport is located one mile west of Highway 101 in the southern portion
of the City. The airport is an enterprise fund service and serves as a regional airport.
,FCO of Mendocino County _
10
Municipal Service Review City of Ukiah and Ukiah Valley Districts Scope of Work
The Airport Commission acts as an advisory board to the City Council on matters
relating to the operation of the airport.
• Street Maintenance and Public Works Street maintenance is accomplished by the
Street Maintenance Crew of the Public Works Department.
Each of these services will be reviewed in the MSR for the area that is currently within the
City limits and the area of the proposed sphere of influence outlined in the City's 1995
General Plan. The discussion for present and planned capacity of public facilities will
include a discussion of the capacity of the affected agencies in the City's section of the
report to address the provision of services in the City's sphere of influence. The MSR for
Ukiah will be completed first, followed by the MSR for the special districts.
Part 2 will consist of the MSR for the following nine special districts in the Ukiah Valley:
• Ukiah Valley Fire Protection District (UVFPD) - The UVFPD serves about 80 square
miles and 15,000 residents from two stations, one at the south end of Ukiah and
another at the north end.
Ukiah Valley Sanitation District (UVSD) - The UVSD serves areas primarily outside
the City of Ukiah both north and south and a small area within the City. The UVSD
provides sewer lines to these areas that connect to the City's wastewater treatment
facility. A previous Master Service Plan discusses future service areas and potential
annexations. The MSR will address those recommendations.
• Capella County Water District (CCWD) - Located in the northwest corner of the Ukiah
Valley Area Plan, it serves 140 residential and 25 commercial connections. Its source
is groundwater from one well.
• Redwood Valley County Water District (RVCWD)- The RVCWD is located north of the
Ukiah Valley Area Plan territory. It withdraws water directly from Lake Mendocino and
purchases surplus water from the Russian River Flood Control District. The RVCWD's
water supply is based on a water right to divert 4,900 acre-feet directly from Lake
Mendocino
• Potter Valley Irrigation District (PVID) _ The PVID was established in 1870 and since
then has provided agricultural water to its customers through a series of ditches and
canals. The PVID uses water diverted through the hydroelectric plant at the north end
of Potter Valley.
• Willow County Water District (WCWD) - The WCWD provides water to 990 residential
and 60 commercial customers in a 4 square mile service area immediately south of
LAa=CO of Mendocino County - - ; ~
C
Municipal Service Review City of Ukia and Ukiah Valley Districts Scope of Work
Ukiah. Raw water is obtained from the Russian River and a water supply contract with
the Russian River Flood Control District.
• Millview County Water District (MCWD) - The MCWD provides water to 1,300
residential and 210 commercial customers in an 8.5 square mile area between
Capella and Ukiah. The water supply consists of surface water from the Russian
River and a water supply contract with the Russian River Flood Control District. The
MCWD also wheels treated water to Capella.
Hopland Public Utilities District (HPUD)- The HPUD is located south of the Ukiah
Valley Area Plan study area. The HPUD provides wastewater and water services. The
HPUD has a contract with the Russian River Flood Control District to purchase up to
400 acre-feet per year.
Russian River Flood Control and Water Conservation Improvement District (RRFC)-
The RRFC includes most of the Ukiah Valley Area Plan territory. It was formed to
work with the Sonoma County Water Agency in developing Coyote Dam and Lake
Mendocino. The RRFC is authorized to divert 8,000 acre feet per year for sale to
public agencies.
The UVSD, the MCWD, the WCWD, the UVFPD, and the RRFC provide services either
within the City limits or within the proposed sphere of influence. The MSR will discuss
opportunities and impacts of detaching territory from the districts and annexation to the City.
The scope of work for both phases is similar, and the order of the tasks is the same. For the
efficiency purposes both Part 1 and Part 2 tasks are addressed together. The discussion of
each task also highlights the meetings anticipated to occur with the completion of the
reports. The consultant is open to additional meetings as required.
In order to fulfill the requirements of the contract, Elliot Mulberg would be available to
provide the following services:
Task 1: Project Initiation
Kickoff meeting with the Committee and LAFCO. The meeting will review the schedule for
Part 1 and Part 2 and finalize the report format. A suggested format is found under Task 3.
In addition, the survey instrument will be reviewed so that comments from the Committee
and LAFCO can be incorporated into the version that will be used to compile data for City
departments and special districts.
Meetings: One meeting with the Committee and LAFCO staff-
tAFCO of Mendocino County 12
Municipal Service Review City of Ukiah and Ukiah Valley Districts Scnnp of Wnrie
Task 2: information Collection and Review
1. Collect and review documents listed in the RFP The review will also include the
Draft MSR completed by the City in 2007, the City's General Plan, the County
General Plan, the Ukiah Valley Area Plan, the 2010 Urban Water Management
Plans that are due in July, audit reports, budgets, any recent environmental
documents, state controller's reports, and other relevant documents.
2. Complete the questionnaires with data available on the internet or in published
reports. Follow up with emails and phone calls to various agencies to fill in missing
data. The consultant may request LAFCO's assistance in contacting City
departments and districts to acquire the missing information.
3. Compile data from the questionnaires into a database and a data report.
4. Meet with the Committee and LAFCO to review the data and identify any areas that
may require more information, possible other sources of information, or agency
contacts.
Verify the data with each agency. Completed questionnaires will be submitted to
each city department or special district to verify the data is correct, up to date, and
accurate.
Meetings: One meeting with the Committee
Task 3: Administrative Draft
Prepare an Administrative Draft that will include determinations with respect to the
six areas outlined in Government Code Section 56430 (MSR) and the four
determinations in Government Code Section 56425 (Spheres of Influence). The
Part 2 District draft will focus primarily on the MSR. Should the section on
government structure recommend an expanded sphere or the district express an
interest in an expanded sphere, the Part 2 report will include a discussion of the
sphere of influence factors for those districts.
2. The administrative draft will have the following chapters or sections:
a. Introduction - It will describe the role and responsibility of LAFCO, the purpose
and use of the municipal service review, the sphere of influence, and the
application of the California Environmental Quality Act.
b. Executive Summary It will summarize the findings for each of the six areas
required to complete a municipal service review, identify issues, and include
recommendations for the amendments or updates to the sphere of influence.
c. City or District Profile This section will provide background information on the
City and its departments for Part 1 and the formation, enabling legislation, and
general information about each district for Part 2.
d. Growth and Population Projections - This section will discuss trends in growth
and population for the city, Part 1, and the special districts; Part 2. Population
LAFCO of Mendocino County - -
13
13
Municipal Service Review City of Ukiah and Ukiah Valley Districts Scope of work
projections will be for a minimum of five years to comply with the update
requirements of the section of Cortese-Knox-Hertzberg for municipal service
reviews.
e. Present and Planned Capacity of Public Facilities - For Part 3 this section will
review the facilities and capacities for each of the City services and the special
districts that serve the city, the Millview and Willow County Water Districts, the
Ukiah Valley Sanitation District, the Ukiah Valley Fire District, and the Russian
River Flood Control District. The Part 2 report will include the sections for the
special districts that serve the City as well as the Redwood Valley and Capella
County Water Districts, the Hopland Public Utility District, and the Potter Valley
Irrigation District.
f. Financial Ability to Provide Services - This section will review the budgets and
audits for the City, Part 1, and the special districts, Part 2. The section will
review sources of revenues, expenses, and capital improvement plans.
g. Status and Opportunity for Shared Facilities - This section will discuss how the
city and special districts work cooperatively with each other and other local
agencies. In addition this section will discuss management efficiencies, staffing,
and include an organizational chart. This portion of the report will also discuss
mutual aid agreements and participation in joint powers authorities.
h. Government Structure and Accountability - This section will describe how the
governing board of the city, Part 1, or the special districts, Part 2, is selected,
compensated, and their meeting schedule. It will also discuss outreach efforts to
residents, and how citizens participate in the governing process. A portion of this
section will identify key issues and the potential for expansion or update of the
sphere of influence.
i. Other Matters Related to Efficient Service Delivery - This section will discuss
how Mendocino LAFO policies may affect service delivery,
j. Sphere of Influence - This chapter will identify the current sphere and potential
for changing the sphere based on Mendocino LAFCO policies. The discussion
will include the four determinations required by Government Code Section
56425.
Present and planned land use- The section will include maps from the
general plans of the City and County and will identify specific plans or
projects that are under review by the planning commission.
• Probable need for services- The discussion will be based on where growth is
likely to occur within the time horizon of the sphere.
Capacity of facilities - This portion will be based on the data and discussion
of the municipal service review.
LAFCfl of Mendocino County 14
11 J
Municipal Service Review City of Ukiah and Ukiah Valley Districts Scope of Work
• Communities of interest - This section will identify communities that are
adjacent to or within the sphere. They could include residential, business,
and agricultural communities.
k. Summary of Determinations - This section will list the determinations for each of
the MSR areas and summarize the determinations for the sphere of influence for
the City, Part 1, and the special districts, Part 2.
1. Recommendations - This section will contain recommendations based on the
analysis in the previous sections for changes to the sphere of influence or
changes of organization such as detachments, consolidations, or annexations.
m. Acronyms and Abbreviations This section lists of all acronyms and
abbreviation and their definitions used in the review.
n. References - This part will include a bibliography of references used in the
report.
3. Meet with the Committee to review the draft and solicit comments
4. Incorporate the Committee's/LAFCO`s comments
5. Submit the Administrative Draft to each agency to check for accuracy.
6. Submit the agency comments to the Committee for review.
Meetings: One meeting with Committee and LAFCO staff
Task 4: Public Review Draft
1. Prepare public review draft - The Public Review Draft will include corrections
submitted by each agency, recommendations of the Committee and LAFCO.
2. Assist LAFCO in distributing the draft to affected agencies and interested parties.
3. Collect and respond to comments received.
4. Present Public Review Draft to LAFCO at a public workshop and solicit additional
comments.
5. Attend and make a presentation at a City of Ukiah workshop (for Part 1) or a Ukiah
Valley Area workshop (for Part 2).
Meetings: One meeting with LAFCO Commission and one meeting with City or Ukiah
Valley Area agencies.
Task 5: Final Report
1. Prepare final report- The final report will address both written comments and those
received at public workshops.
2. Present final report to the Commission for Adoption
IAFCfl of Mendocino County
P
hAtinininni Service Review ON of Ukiah and Ukiah Valley Districts Scope of Work
3. Incorporate comments received from the Commission and public attending the
Commission hearing
4. Prepare; and submit the approved final report
Meetings: One meeting with LAFCO Commission
I.AF6 of Mendocino County
EXHIBIT B
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Project Schedule
SECTION 1:
PROJECT SCHEDULE
Table 1 shows the anticipated schedule for completing the MSRs. Part 1 will be
completed first followed by the MSR for the districts. Some of the discussion in Part 1
of facilities and capacities for districts serving the City or the territory in the proposed
sphere of influence will be used in Part 2. Task 4 will include a presentation to the City
of Ukiah for Part 1 and the Districts for Part 2.
Table 1: Proposed Work Schedule (Revised 6/22111)
TASK
1
PART 1 PART 2
SUB TASK COMPLETION COMPLETION
DATE DATE
Project Initiation
Kickoff meeting to review schedule,
report format, and questionnaire
Week of 8/8/11
-
2
Data Collection and Review
9/12/11
1/20/12
Meet with committee
Week of 8/29/11
Week of 1/9/12
3
Administrative Draft
10/17/11
2/24/12
Meet with the Committee
Week of 10/3/11
Week of 2/13/12
4
Public Review Draft
11/22/11
3/16/12
Present to LAFCO Commission
November meeting
March meeting
Presentation to City
Week of 11/14/11
-
Presentation to Districts
-
Week of 3/5/12
5
Final Report
12/16/11
4/13/12
Present to LAFCO Commission
December meeting
April meeting
6/22/11
EXHIBIT C
Municipal Service Review City of Ukia and Ukiah Valley Districts Project Costs
5:
PROJECT COSTS
The work will be completed by Elliot Mulberg, principal of E Mulberg & Associates.
The proposal is for over 500 hours total for Part 1 and Part 2.
Table 2: Proposed Fee Schedule City of Ukiah MSR
S
TA K
l
1
* TASK
Project Initiation'
OF
CITY
A
(PART
$640
DISTRICTS
y r
(PART
$640
2
Data Collection and Review
$5,920
$8,960
3
Administrative Draft
$8,800
$9,600
4
Public Review Draft
$3,040
$3,680
5
Final Report
$2,560
$3,200
Total
$20,320
$25,440
' Costs are split between LAFCO and the City of Ukiah.
-
The cost proposal is all inclusive and there are no additional direct costs. There are
no scheduling conflicts or any conflict of interest with the City or any of the special
districts.
LAFCO of Mendocino County 18
f
l
I
f
1
lAf m'.,hment 2-
l
1
r
I
l
f
l
~I
(
c
f
I'
(
11
PROPOSAL
Municipal Service Review
City of Ukiah and Ukiah Valley Special Districts
LAFCO of Mendocino County
May 17, 2011
E Mulberg Associates
P.O. Box 582931
Elk Grove, CA, 95758
916.217.8393
Municipal Service Review City of Ukiah and Ukiah Valley Districts Table of Contents
TABLE OF CONTENTS
i \ I
I
f
C
1: Overview, Experience and Qualifications ......................................................................1
1.1-Overview ...........................................................................................................1
1.2 - Experience ........................................................................................................2
Local Government ...........................................................................................2
Planning ..........................................................................................................2
Environmental .................................................................................................2
Financial 3
Conflict Resolution & Negotiation ....................................................................3
2: Overall Approach and Understanding ...........................................................................4
~.1 - Municipal Service Reviews ...............................................................................4
2.2 - Sphere of Influence ...........................................................................................6
2.3 - Changes of Organization ..................................................................................7
2.4 - California Environmental Quality Act .................................................................8
3: Scope of Work ...............................................................................................................10
4: Project Schedule ...........................................................................................................17
5: Project Costs .................................................................................................................18
6: References for Recent Projects ...................................................................................19
7: Resumes .......................................................................................................................20
LAFCO of Mendocino County iii
l
i
1
i
S
t
1
E
`f
i E
(
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Overview, Experience and Qualifications
1:
OVERVIEW, EXPERIENCE AND QUALIFICATIONS
1.1 - Overview
E Mulberg & Associates was founded in
2011. While new to the consulting world,
we are not new to LAFCO, possessing
over 15 years' experience specializing in
services to local agencies such as
LAFCOs, special districts, and cities. Each
client receives the personal touch to
ensure a high level of service and
customer satisfaction. That means taking
the extra time to address each client's
needs to deliver clear, concise, complete,
and timely reports of the highest quality.
E Mulberg's strongest asset is responsiveness to our clients. We emphasize maintaining a
high level of communication with our clients through the latest technology-e-mail, cell
phone, and laptops to immediately accommodate a client's request.
Our goal is to assist LAFCO clients in their role as 'Watchdog" to "guard against the wasteful
duplication of services" (City of Ceres v. City of Modesto). Studies for LAFCO clients provide
a thorough analysis of service delivery that complies with Cortese-Knox-Hertzberg Local
Government Reorganization Act (CKH), the California Environmental Quality Act (CEQA),
and local policies.
Toward that goal, E Mulberg & Associates provides the following services for LAFCOs:
• Municipal Service Reviews - The municipal service review provides information about
the agency that is used to update or amend the sphere of influence or initiate a
change of organization.
• Sphere of Influence Updates - The sphere is the "probable physical boundary and
service area of a local agency or municipality." Any extension of services outside the
agency boundary must be within the sphere.
• Changes of Organization - A change of organization must be consistent with the
sphere and can include an annexation, detachment, formation, dissolution,
consolidation, incorporation of a city, or disincorporation.
• CEQA Analysis - LAFCO is subject to CEQA. LAFCO often serves as the responsible
agency, but it is the lead agency for sphere of influence updates and often for
incorporations.
LAFCO of Mendocino County
l
I
l
I~
1
i
1
i
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Overview, Experience and Qualifications
• LAFCO Staff Support - Providing services of LAFCO staff such as processing
applications for sphere updates and changes of organization, or developing LAFCO
policies, assisting with the budget preparation, and assisting with an update of the fee
schedule.
1.2 - Experience
It is proposed this contract will be completed by Elliot Mulberg, Principal of E Mulberg &
Associates. As Principal, he has been associated with LAFCO as a consultant, as LAFCO
staff, and as a special district commissioner to LAFCO and CALAFCO. As a director of
CALAFCO, he participated in working groups to rewrite the principal acts for mosquito
abatement districts and community services districts. His specific experience in local
government, planning, environmental, financial, and conflict resolution follows.
Local Government
• LAFCO of Monterey County
Senior Analyst
• Sacramento LAFCO
Special District Commissioner, Chair and Vice Chair
• CALAFCO Board of Directors
• Florin Resource Conservation District: Director, Vice Chair
In addition to conservation, the District provides potable water to the City of Elk Grove.
• Elk Grove Community Services District (Cosumnes Community Services
District)
> Director, 12 years
> President, 3 terms
> Vice President
The District provides parks, recreation, fire, and emergency medical services to the
greater Elk Grove area.
• Sacramento Regional Council of Recreation & Park Agencies
Vice President
Planning
• Franklin Laguna Area Community Planning Advisory Council
• South County Economic Development Group
• South Sacramento Transit Alternatives Project Citizens Advisory Committee
Environmental
• Michael Brandman Associates, Senior Environmental Planner/Senior Air Quality
Scientist-2008-201 1.
LAFCO of Mendocino County
2
l
I
E
i
l
`I
i
Municipal Service Review City of Ukiah and Ukiah Valley Districts Overview, Experience and Qualifications
Responsible for LAFCO studies, CEQA analysis, health risk assessments, odor
studies, climate change analysis.
• California Air Resources Board, Air Pollution Specialist 25 years.
Responsible for implementing clean air act, liaison to Monterey Bay Unified APCD,
EIR review, developed ARB's total exposure assessment model, air quality modeling.
• California Energy Commission-2 years.
Responsible for residential energy demand forecast.
Financial
• Budget Committee, Sacramento LAFCO
Helped develop first budget for an independent Sacramento LAFCO.
• Budget Committee Elk Grove Community Services District (EGCSD)
Oversaw EGCSD $70M budget for parks, fire service, and emergency medical service
that included new parks, community centers, fire stations, and fire equipment.
• Finance Committee Florin Resource Conservation District (includes Elk Grove
Water District)
• Assisted with budget at LAFCO of Monterey County
Conflict Resolution & Negotiation
• Classes at Sacramento State University
Collaboration in Public Policy: interest-based negotiation, facilitation, conflict
assessment.
• Certificate of Conflict Resolution Program UC Davis Extension (in progress)
Classes in Mediation and Theory of Conflict Resolution and Community Engagement.
LAFCO of Mendocino County
3
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Overall Approach and Understanding
2:
OVERALL APPROACH AND UNDERSTANDING
The Local Agency Formation Commission
(LAFCO) was formed in 1963 to address the
problems caused by explosive growth in the
post-World War II era. To accommodate
growth the legislature had created many new
local government agencies with irregular
boundaries and overlapping jurisdictions.
Also of concern was the rapid conversion of
prime agricultural lands to urban uses. In
1959, Governor Edmund G. Brown, Sr.
appointed the Commission on Metropolitan Area Problems to study and make
recommendations on "misuse of land resources" and the complexity of local government
jurisdictions. Recommendations from the Commission resulted in the formation of a Local
Agency Formation Commission for each county in 1963.
In 1965, the LAFCO legislation became the Knox-Nesbit Act; that year also saw passage of
the District Reorganization Act (DRA), which gave LAFCO jurisdiction over special districts.
The Municipal Organization Act (MORGA), adopted in 1977, consolidated procedures for
changes in organization such as annexation, detachment, incorporation, and consolidation
into one act. In 1985, Cortese-Knox combined Knox-Nesbit, DRA, and MORGA into one
unified code. The last major revision occurred in 2000 and is known as the Cortese-Knox-
Hertzberg Local Government Reorganization Act (CKH). It clarified LAFCO's purposes as:
• Discouraging urban sprawl
• Preservation of prime agricultural lands and open space
• Assuring efficient local government services
• Encouraging orderly growth and development of local agencies
CKH added the Municipal Service Review to the sphere of influence and the ability to
change the organization of cities and special districts as tools to achieve those goals. In
addition, CKH requires that LAFCO adopt written policies and procedures.
2.1 - Municipal Service Reviews
The Municipal Service Review (MSR) is essentially the foundation of actions taken by
LAFCO. The MSR must support the sphere of influence by providing the information the
Commission needs to make the required sphere determinations. The MSR discusses and
evaluates six areas:
LAFCO of Mendocino County 4
I
I
I
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Overall Approach and Understanding
1. Growth and population projections: This section relates to LAFCO's mandate of
discouraging urban sprawl by providing information on the population projections for
the affected area.
2. Present and planned capacity of public facilities: This section relates to LAFCO's
charge to assure efficient provision of government services. The discussion covers
the status of current and projected facilities and the adequacy of public services,
including infrastructure needs and deficiencies.
3. Financial ability of agencies to provide services: A key to providing effective and
efficient services is adequate financing. This section reviews budgets, sources of
revenue, and financial reports.
4. Status of and opportunities for shared facilities: The opportunity for shared facilities
with other agencies relates to LAFCO's charge of assuring efficient services.
Avoiding duplicate facilities of another agency will reduce costs and promote more
efficient operation.
5. Govemmental structure, accountability for community service needs, and
operational efficiencies: An analysis of government structure and accountability
examines the makeup of the agency's legislative body, administrative structure,
accountability for community service needs, and public participation.
6. Matters related to effective or efficient service delivery required by policy. Local
LAFCO policies may have an effect on service delivery. This section includes a
discussion of any local policies that influence the ability of the agency to provide
efficient services.
Cities or towns and special districts are required by Government Code Section 56430(c) to
have conducted "a service review before, or in conjunction with, but no later than the time it
is considering an action to establish a sphere of influence or to update a sphere of
influence." Sample Municipal Service Review projects include:
• City of Lincoln, Placer LAFCO. Lincoln is a full-service city that offers 11 municipal
services. The MSR addressed water, wastewater, solid waste, stormwater, law
enforcement, fire protection, street maintenance, transit, library, and a municipal
airport. The approved MSR is included in the submission.
• City of Roseville, Placer LAFCO. Roseville offers residents 11 municipal services.
The MSR evaluated water, wastewater, solid waste, stormwater, law enforcement, fire
protection, street maintenance, transit, library, and its electric utility services.
• Solano County Water Agencies, Solano LAFCO. The MSR included a review of the
26 water agencies in Solano County, including water, irrigation, and reclamation
districts.
LAFCO of Mendocino County
5
Municipal Service Review City of Ukiah and Ukiah Valley Districts Overall Approach and Understanding
I Truckee Donner Public Utility District Electric Service, Nevada LAFCO. The
t
Truckee Donner Public Utilities District provides electric service to the Town of
j Truckee and water to the greater Truckee area. The MSR focused on electric service
provided by the District. The MSR is in the review stage and is expected to be
adopted this summer.
2.2 - Sphere of Influence
CKH requires LAFCO to adopt a sphere ofilnfluence Plan and Map for each city and each
special district in the County. The sphere influence is defined by CKH in Government Code
Section 56076 as "a plan for the probable physical boundary and service area of a local
agency or municipality as determined by the Commission."
The Sphere Plan serves much the same function for LAFCO as general plans serve for
cities and counties: it guides the Commission in its consideration of annexations and other
forms of reorganization. CKH also requires LAFCO to make determinations with respect to
the following four factors when establishing or reviewing a sphere of influence:
• Present and planned land uses in the area, including agricultural and open space
lands
• Present and probable need for public facilities and services
• Present capacity of public facilities and adequacy of public services provided by the
agency
• Social or economic communities of interest
A sphere of influence may be amended or updated. An amendment is a relatively limited
change to the Sphere Plan or Map to accommodate a specific project. Amendments can
add or remove territory, move territory to a different development horizon, address a change
in provision of services by an agency, or revise a plan for services when it becomes
impractical.
An update is a comprehensive review of the Sphere Plan that includes the map and relevant
portions of one or more MSRs. The review allows for the identification of areas that are
likely to receive services and to.exclude those territories that are not or will not be served
from the sphere of influence. CKH requires updates at least every 5 years. Sample sphere
of influence Update projects in which Elliot was directly involved include:
• Town of Truckee, Nevada LAFCO. The update took into consideration the Town's
2025 General Plan with a proposed sphere of influence to accommodate anticipated
growth and the need for additional housing.
• Truckee Donner Public Utilities District (TDPUD), Nevada LAFCO. As a
subcontractor to Michael Brandman Associates, E Mulberg & Associates is in the
LAFCO of Mendocino County 6
(
I
it
I
i
!r
{
f
r
Municipal Service Review City of Ukiah and Ukiah Valley Districts Overall Approach and Understanding
process of completing a Sphere of Influence Plan for the TDPUD, which provides
water and electric utility services to eastern Nevada County.
• Truckee Sanitary District (TSD), Nevada LAFCO. As a subcontractor to Michael
Brandman Associates, we are in the process of completing a Sphere of Influence Plan
for the TSD, which provides wastewater collection services to eastern Nevada County.
2.3 - Changes of Organization
Changes of organization are defined in CKH as an
annexation, a consolidation, a formation of a special
district, an incorporation of a city, a detachment of territory
from a city or special district, a dissolution of a special
district, or a disincorporation of a city. The most common
change of organization is an annexation. Any territory that
is to be annexed must be within the sphere of influence,
which in turn must have been evaluated in a municipal
service review.
Under certain circumstances an agency will request
LAFCO approval to provide services outside its boundaries
through an out of area service agreement. The
Commission may authorize approval if the area is within
the sphere of influence and annexation is anticipated, or if
there is an existing or impending threat to health and safety of residents of the affected area.
Sample Changes in Organization projects in which Elliot was directly involved include:
• Formation of the Castroville Community Services District. As a staff of LAFCO of
Monterey County, Elliot processed the application for the consolidation of the
Castroville Water District and County Service Area 14 to form the Castroville
Community Services District. The action involved determining the appropriate
services for the new district, establishing an appropriation limit, and determining a
sphere of influence. Key issues addressed were the potential overlap of park and
recreation services with the North County Recreation and Park District, and the district
boundary that extended into the agricultural protection zone of the Coastal
Commission.
• Spreckels Standard Pacific Sphere of Influence Amendment and Annexation. As
a staff of LAFCO of Monterey County, Elliot processed the application for an
amendment to the sphere of influence and annexation of 19 acres to the Spreckels
Community Services District. The Spreckels Community Services District provides
stormwater drainage, garbage collection, and fire protection to the Spreckels
community. However, the area in question was already served by the Salinas Rural
Fire Protection District. In order to avoid the duplication of services, the applicant was
LAFCO of Mendocino County
7
Municipal Service Review City of Ukiah and Ukiah Valley Districts Overall Approach and Understanding
encouraged to amend the proposal to create a separate zone for the CSD that
provided all but fire services. The amendment allowed the annexation to go forward
and avoid duplication of services.
• Aromas Water District Annexation. The Aromas Water District is a multi-county
special district whose boundaries include territory in both San Benito and Monterey
counties. The greater assessed value is in San Benito County, making San Benito the
principal LAFCO. The district applied to annex all of the territory in the sphere of
influence within Monterey County. The San Benito LAFCO passed a resolution
allowing LAFCO of Monterey County to process the annexation. With the addition of
the Monterey County territory, it is possible Monterey would become the principal
county with the greater assessed value.
2.4 - California Environmental Quality Act
Actions taken by LAFCO require review under CEQA. In many cases, LAFCO is the
responsible agency, but when LAFCO initiates the project, it is the lead agency. For
example, LAFCO is often the lead agency for the adoption of a sphere of influence or a
Sphere Plan. The Plan may be exempt or require an Initial Study for a Negative
Declaration, a mitigated negative declaration (MND), or a full environmental impact report
(EIR).
SB 97 (Dutton 2007) amends CEQA to establish greenhouse gas (GHG) emissions and
their effects as appropriate subjects for a CEQA analysis. SB 97 directed the Governor's
Office of Planning and Research (OPR) to develop draft CEQA guidelines for mitigation of
the effects of GHG emissions. The guidelines became effective in March of 2010. As a
responsible agency and at times a lead agency, LAFCO will have to address GHG effects
for changes of organization and sphere of influence expansions under CEQA.
Many of the sources of GHG relate directly to LAFCO's mandate to discourage urban sprawl
and encourage orderly growth in governmental services. In developing the 1990 inventory,
the Air Resources Board found the major GHG sources are transportation (38 percent) and
electricity generation (25 percent). As urban areas grow larger and the distance between
housing and jobs increases, the GHG emissions from transportation systems increase as
well. An expanded urban area will also increase demand for electricity.
Expansion also places a burden on municipal service providers for more services, and
added services may require additional facilities. Water districts that add new water systems
increase electricity consumption to pump water. Sewer service providers that add
wastewater treatment facilities have the potential to emit GHGs such as methane and
nitrous oxide. Sanitation districts that expand landfills have potential to increase methane
emissions and the GHGs from service equipment at the landfill. Other services providers
that expand services have the potential to increase demand for electricity and/or vehicular
traffic. Sample CEQA projects in which Elliot was directly involved include:
LAFCO of Mendocino County
i
l
i
I~
1
t(
1
i
r
;t
E
,f
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Overall Approach and Understanding
• Incorporation of the Proposed City of Arden Arcade EIR, Sacramento LAFCO.
Completed the Public Services and Utilities section of the EIR for the proposed City of
Arden Arcade.
• Initial Study and Negative Declaration Town of Truckee Sphere of Influence
Plan, Nevada LAFCO. As part of the Sphere Plan update and analysis, completed an
initial study for the proposed sphere of influence. Having found no significant impacts,
concluded that a Negative Declaration was appropriate.
• Climate Change Analysis Report Yosemite Cattle Company. Yosemite Cattle
Company has applied for a permit to construct a Guest Ranch-a recreational land
use-with associated buildings on land that is designated for agricultural purposes in
the Tuolumne County General Plan. This document assesses the impact of the
Yosemite Cattle Company's Guest Ranch project on climate change to satisfy the
climate change assessment for CEQA purposes.
LAFCO of Mendocino County
9
S
f
t
•i
I
l
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Scope of Work
3:
SCOPE OF WORK
As requested in the RFP, E Mulberg &
Associates will complete a municipal
service review for the City of Ukiah and
special districts in the Ukiah Valley. The
City of Ukiah is a full-service city that
provides the following services:
Water - The City serves
approximately 5,600 service
connections. The water source is a
combination of groundwater from
the Ukiah Valley Groundwater
Basin (23 percent) and surface
water from the Russian River (77 percent).
• Wastewater - The City works with the Ukiah Valley Sanitation District (UVSD) to
provide approximately 11,000 equivalent sewer service units. The City operates a
wastewater treatment plant that treats wastewater from the City and the UVSD.
• Electric Utility - The City operates the Lake Mendocino Hydroelectric Plant at Coyote
Dam consisting of a 1,000-kilowatt unit and a 2,500-kilowatt unit.
• Solid waste disposal - The City contracts for solid waste pickup and disposal from a
private company.
• Stormwater Drainage - The Street Maintenance Division of the Public Works
Department maintains stormwater facilities within the City.
• Law Enforcement - The Ukiah Police Department has 43 employees, which includes
32 sworn officers and 10.5 civilian positions.
• Fire and Emergency Medical Services - The Ukiah Fire Department includes 20 full-
time staff. The Department operates from one fire station with assistance from the
Ukiah Valley Fire District Station located on the south end of town. The department
maintains an ISO rating of 3 of 10, where 1 is the best.
• Parks and Recreation - The city'operates 12 parks of approximately 55 acres and an
18-hole municipal golf course. The Department also provides a wide array of
recreational activities. This includes recreational activities at Lake Mendocino and the
Grace Hudson Museum.
• Animal Control - Animal Control is provided through the Community Services
Department. In 2007, the City had one full-time employee and contracted with the
County for shelter services.
• Airport - The airport is located one mile west of Highway 101 in the southern portion
of the City. The airport is an enterprise fund service and serves as a regional airport.
LAFCO of Mendocino County 10
t
t
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Scope of Work
The Airport Commission acts as an advisory board to the City Council on matters
relating to the operation of the airport.
• Street Maintenance and Public Works - Street maintenance is accomplished by the
Street Maintenance Crew of the Public Works Department.
Each of these services will be reviewed in the MSR for the area that is currently within the
City limits and the area of the proposed sphere of influence outlined in the City's 1995
General Plan. The discussion for present and planned capacity of public facilities will
include a discussion of the capacity of the affected agencies in the City's section of the
report to address the provision of services in the City's sphere of influence. The MSR for
Ukiah will be completed first, followed by the MSR for the special districts.
Part 2 will consist of the MSR for the following nine special districts in the Ukiah Valley:
• Ukiah Valley Fire Protection District (UVFPD) - The UVFPD serves about 80 square
miles and 15,000 residents from two stations, one at the south end of Ukiah and
another at the north end.
• Ukiah Valley Sanitation District (UVSD) - The UVSD serves areas primarily outside
the City of Ukiah both north and south and a small area within the City. The UVSD
provides sewer lines to these areas that connect to the City's wastewater treatment
facility. A previous Master Service Plan discusses future service areas and potential
annexations. The MSR will address those recommendations.
• Capella County Water District (CCWD) - Located in the northwest corner of the Ukiah
Valley Area Plan, it serves 140 residential and 25 commercial connections. Its source
is groundwater from one well.
• Redwood Valley County Water District (RVCWD)- The RVCWD is located north of the
Ukiah Valley Area Plan territory. It withdraws water directly from Lake Mendocino and
purchases surplus water from the Russian River Flood Control District. The RVCWD's
water supply is based on a water right to divert 4,900 acre-feet directly from Lake
Mendocino
• Potter Valley Irrigation District (PVID) - The PVID was established in 1870 and since
then has provided agricultural water to its customers through a series of ditches and
canals. The PVID uses water diverted through the hydroelectric plant at the north end
of Potter Valley.
• Willow County Water District (WCWD) - The WCWD provides water to 990 residential
and 60 commercial customers in a 4 square mile service area immediately south of
LAFCO of Mendocino County 11
i
i
I
t
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Scope of Work
Ukiah. Raw water is obtained from the Russian River and a water supply contract with
the Russian River Flood Control District.
• Millview County Water District (MCWD) - The MCWD provides water to 1,300
residential and 210 commercial customers in an 8.5 square mile area between
Capella and Ukiah. The water supply consists of surface water from the Russian
River and a water supply contract with the Russian River Flood Control District. The
MCWD also wheels treated water to Capella.
• Hopland Public Utilities District (HPUD)- The HPUD is located south of the Ukiah
Valley Area Plan study area. The HPUD provides wastewater and water services. The
HPUD has a contract with the Russian River Flood Control District to purchase up to
400 acre-feet per year.
• Russian River Flood Control and Water Conservation Improvement District (RRFC)-
The RRFC includes most of the Ukiah Valley Area Plan territory. It was formed to
work with the Sonoma County Water Agency in developing Coyote Dam and Lake
Mendocino. The RRFC is authorized to divert 8,000 acre feet per year for sale to
public agencies.
The UVSD, the MCWD, the WCWD, the UVFPD, and the RRFC provide services either
within the City limits or within the proposed sphere of influence. The MSR will discuss
opportunities and impacts of detaching territory from the districts and annexation to the City.
The scope of work for both phases is similar, and the order of the tasks is the same. For the
efficiency purposes both Part 1 and Part 2 tasks are addressed together. The discussion of
each task also highlights the meetings anticipated to occur with the completion of the
reports. The consultant is open to additional meetings as required.
In order to fulfill the requirements of the contract, Elliot Mulberg would be available to
provide the following services:
Task 1: Project Initiation
Kickoff meeting with the Committee and LAFCO. The meeting will` review the schedule for
Part 1 and Part 2 and finalize the report format. A suggested format is found under Task 3.
In addition, the survey instrument will be reviewed so that comments from the Committee
and LAFCO can be incorporated into the version that will be used to compile data for City
departments and special districts.
Meetings: One meeting with the Committee and LAFCO staff.
LAFCO of Mendocino County
12
Municipal Service Review City of Ukiah and Ukiah Valley Districts Scope of Work
Task 2: Information Collection and Review
1. Collect and review documents listed in the RFP. The review will also include the
Draft MSR completed by the City in 2007, the City's General Plan, the County
General Plan, the Ukiah Valley Area Plan, the 2010 Urban Water Management
Plans that are due in July, audit reports, budgets, any recent environmental
documents, state controller's reports, and other relevant documents.
2. Complete the questionnaires with data available on the internet or in published
reports. Follow up with emails and phone calls to various agencies to fill in missing
data. The consultant may request LAFCO's assistance in contacting City
departments and districts to acquire the missing information.
3. Compile data from the questionnaires into a database and a data report.
4. Meet with the Committee and LAFCO to review the data and identify any areas that
may require more information, possible other sources of information, or agency
contacts.
5. Verify the data with each agency. Completed questionnaires will be submitted to
each city department or special district to verify the data is correct, up to date, and
accurate.
Meetings: One meeting with the Committee
Task 3: Administrative Draft
1. Prepare an Administrative Draft that will include determinations with respect to the
six areas outlined in Government Code Section 56430 (MSR) and the four
determinations in Government Code Section 56425 (Spheres of Influence). The
Part 2 District draft will focus primarily on the MSR. Should the section on
government structure recommend an expanded sphere or the district express an
interest in an expanded sphere, the Part 2 report will include a discussion of the
sphere of influence factors for those districts.
2. The administrative draft will have the following chapters or sections:
a. Introduction - It will describe the role and responsibility of LAFCO, the purpose
and,use of the municipal service review, the sphere of influence; and the
application of the California Environmental Quality Act.
b. Executive Summary - It will summarize the findings for each of the six areas
required to complete a municipal service review, identify issues, and include
recommendations for the amendments or updates to the sphere of influence.
c. City or District Profile - This section will provide background information on the
City and its departments for Part 1 and the formation, enabling legislation, and
general information about each district for Part 2.
d. Growth and Population Projections - This section will discuss trends in growth
and population for the city, Part 1, and the special districts, Part 2. Population
LAFCO of Mendocino County 13
Municipal Service Review City of Ukiah and Ukiah Valley Districts . Scope of Work
projections will be for a minimum of five years to comply with the update
requirements of the section of Cortese-Knox-Hertzberg for municipal service
reviews.
e. Present and Planned Capacity of Public Facilities - For Part 1 this section will
review the facilities and capacities for each of the City services and the special
districts that serve the city, the Millview and Willow County Water Districts, the
Ukiah Valley Sanitation District, the Ukiah Valley Fire District, and the Russian
River Flood Control District. The Part 2 report will include the sections for the
special districts that serve the City as well as the Redwood Valley and Capella
County Water Districts, the Hopland Public Utility District, and the Potter Valley
Irrigation District.
t
E
i
f
1
k
f
f. Financial Ability to Provide Services - This section will review the budgets and
audits for the City, Part 1, and the special districts, Part 2. The section will
review sources of revenues, expenses, and capital improvement plans.
g. Status and Opportunity for Shared Facilities - This section will discuss how the
city and special districts work cooperatively with each other and other local
agencies. In addition this section will discuss management efficiencies, staffing,
and include an organizational chart. This portion of the report will also discuss
mutual aid agreements and participation in joint powers authorities.
h. Government Structure and Accountability - This section will describe how the
governing board of the city, Part 1, or the special districts, Part 2, is selected,
compensated, and their meeting schedule. It will also discuss outreach efforts to
residents, and how citizens participate in the governing process. A portion of this
section will identify key issues and the potential for expansion or update of the
sphere of influence.
L Other Matters Related to Efficient Service Delivery - This section will discuss
how Mendocino LAFO policies may affect service delivery.
j. Sphere of Influence - This chapter will identify the current sphere and potential
for changing the sphere based on Mendocino LAFCO policies. The discussion
will include the four determinations required by Government Code Section
56425.
• Present and planned land use- The section will include maps from the
general plans of the City and County and will identify specific plans or
projects that are under review by the planning commission.
• Probable need for services- The discussion will be based on where growth is
likely to occur within the time horizon of the sphere.
• Capacity of facilities -This portion will be based on the data and discussion
of the municipal service review.
LAFCO of Mendocino County
14
Municipal Service Review City of Ukiah and Ukiah Valley Districts Scope of Work
i
• Communities of interest - This section will identify communities that are
;I
adiacent to or within the sphere. They could include residential, business,
and agricultural communities.
tI
k. Summary of Determinations - This section will list the determinations for each of
the MSR areas and summarize the determinations for the sphere of influence for
I~
the City, Part 1, and the special districts, Part 2.
j
I. Recommendations - This section will contain recommendations based on the
analysis in the previous sections for changes to the sphere of influence or
I;
changes of organization such as detachments, consolidations, or annexations.
f
m. Acronyms and Abbreviations - This section lists of all acronyms and
!
abbreviation and their definitions used in the review.
n. References - This part will include a bibliography of references used in the
report.
3. Meet with the Committee to review the draft and solicit comments
4. Incorporate the Committee's/LAFCO's comments
5. Submit the Administrative Draft to each agency to check for accuracy.
6. Submit the agency comments to the Committee for review.
:f
Meetings: One meeting with Committee and LAFCO staff
Task 4: Public Review Draft
1. Prepare public review draft - The Public Review Draft will include corrections
submitted by each agency, recommendations of the Committee and LAFCO.
2. Assist LAFCO in distributing the draft to affected agencies and interested parties.
i
3. Collect and respond to comments received.
4. Present Public Review Draft to LAFCO at a public workshop and solicit additional
comments.
5. Attend and make a presentation at a City of Ukiah workshop (for Part 1) or a Ukiah
Valley Area workshop ,(for_Part 2).
Meetings: One meeting with LAFCO Commission and one meeting with City or Ukiah
Valley Area agencies.
Task 5: Final Report
1. Prepare final report. The final report will address both written comments and those
received at public workshops.
2. Present final report to the Commission for Adoption
LAFCO of Mendocino County 15
i
f
(
(
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Scope of Work
3. Incorporate comments received from the Commission and public attending the
Commission hearing
4. Prepare, and submit the approved final report
Meetings: One meeting with LAFCO Commission
i
I
ff
(
1
Y
{fE
F1
k
[(I
[(l
I
J\
/E
l
`t
LAFCO of Mendocino County
16
r
Municipal Service Review City of Ukiah and Ukiah Valley Districts
4:
PROJECT SCHEDULE
Project Schedule
Table 1 shows the anticipated schedule for completing the MSRs. Part 1 will be
completed first followed by the MSR for the districts. Some of the discussion in Part 1
of facilities and capacities for districts serving the City or the territory in the proposed
sphere of influence will be used in Part 2. Task 4 will include a presentation to the City
of Ukiah for Part 1 and the Districts for Part 2.
Table 1: Proposed Work Schedule
f
1
r
C
l
TASK
1
PART 1 -A-
SUB TASK COMPLETION COMPLETION
DATE DA
Project Initiation
Kickoff meeting to review schedule,
report format, and questionnaire
7/6111
-
2
Data Collection and Review
8/5/11
12/9/11
Meet with committee
Week of 7/25/11
Week of 12/5/11
3
Administrative Draft
9/7/11
1/16/12
Meet with the Committee
Week of 8/22/11
Week of 1/2/12
4
Public Review Draft
10/10/11
2/6/12
Present to LAFCO Commission
October meeting
February meeting
Presentation to City
Week of 10/10/11
-
Presentation to Districts
-
Week of 2/6/12
5
Final Report
11/11/11
3/9/12
Present to LAFCO Commission
November meeting
March meeting
LAFCO of Mendocino County
17
f
l
s
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Project Costs
5:
PROJECT COSTS
The work will be completed by Elliot Mulberg, principal of E Mulberg & Associates.
The proposal is for over 500 hours total for Part 1 and Part 2.
Table 2: Proposed Fee Schedule City of Ukiah MSR
TASK
T
SUB TASK
Initiation'
CITY OF
UKIAH
-(PART 1)
$640
DISTRICTS
(PART 2)
$640
2
Data Collection and Review
$5,920
$8,960
3
Administrative Draft
$8,800
$9,600
4
Public Review Draft
$3,040
$3,680
5
Final Report
$2,560
$3,200
~
-
Total
$20,320
$25,440
' Costs are split between LAFCO and the City of Ukiah.
The cost proposal is all inclusive and there are no additional direct costs. There are
no scheduling conflicts or any conflict of interest with the City or any of the special
districts.
LAFCO of Mendocino County
18
f
l
i
S
,I
i
r
S
l
t
C
l
i
Municipal Service Review City of Ukiah and Ukiah Valley Districts
References
6:
REFERENCES FOR RECENT PROJECTS
Municipal Service Review, Roseville Reason Farms and
Municipal Service Review, City of Lincoln
Client: Placer County LAFCO
145 Fulweiler Avenue, Suite 110
Auburn, CA 95603
530-889-4097
Contact: Kris Berry, Executive Officer
Sphere of Influence Plan, Town of Truckee
Client: Nevada County LAFCO
950 Maidu Avenue
Nevada City, CA 95959
530-265-7180
Contact: SR Jones, Executive Officer
Municipal Service Review, Alpine County Agencies
Client: Chamberlain Consultants
4900 Monterey Way
Sacramento, CA 95822
916-454-2358
Contact: Roseanne Chamberlain
Municipal Service Review Solano County Water Agencies,
Irrigation Districts, and Reclamation Districts
Client: Solano County LAFCO
11121 Street, Suite 100
744 Empire Street, Suite 216
Fairfield, CA 954543
707-439-3897
Contact: Shaun Pritchard, Executive Officer
Arden Arcade Incorporation Environmental Impact Report
Client: County of Sacramento LAFCO
A 1121 Street, Suite 100
Sacramento, CA 95814
916-874-6458
Contact: Peter Brundage, Executive Officer
LAFCO of Mendocino County
19
Municipal Service Review City of Ukiah and Ukiah Valley Districts
7:
RESUMES
ELLIOT MULBERG
Elliot Mulberg, M.S. has over 15 years of
experience with LAFCO a consultant to
LAFCOs, as staff for LAFCO of Monterey
E County, as a special district commissioner to
Sacramento LAFCO, and as a director of
CALAFCO. Elliot has completed MSRs for
Resumes
special districts and cities, sphere of influence updates, annexations, consolidations,
formations, dissolutions and incorporations. Elliot qualified as special district representative
to LAFCO and CALAFCO as a director of the Cosumnes Community Services District
(CCSD)-provider of parks and fire services to the greater Elk Grove community. Elliot
served on the CCSD Board from 1994 to 2006. He now serves on the Board of Directors of
the Florin Resource Conservation District, which provides potable water to portions of the
City of Elk Grove.
LAFCO PROJECTS
Formation of the Castroville Community Services District. The applicant requested the
consolidation of the Castroville Water District and County Service Area 14 to form the
Castroville Community Services District. Processing the application involved determining
the appropriate services for the new district, establishing an appropriation limit, and a sphere
of influence. Key issues addressed were the potential overlap of park and recreation
services with the North County Recreation and Park District, and the district boundary, which
extended into the agricultural protection zone of the Coastal Commission.
MSR for Alpine County Special Districts. Alpine County is the most sparsely populated
county in California. It has no incorporated cities, and municipal services are provided by
special districts and private water companies. This review included the Kirkwood Meadows
Public Utility District, Markleeville Public Utility District, Bear Valley Water District, and
County Service Area 1. The document also gives a brief summary of service provided by
the South Lake Tahoe Public Utility District and the Lake Valley Fire Protection District,
whose principal county is El Dorado County, as well as the Lake Alpine Water Company, a
private water company serving Bear Valley.
Town of Truckee Sphere of Influence Plans, Nevada LAFCO. Project manager to
complete the Sphere of Influence Plan update for the Town of Truckee. The Town was
incorporated in 1998 with a coterminous sphere of influence. The Town provides law
enforcement, planning, and public works services. Having recently completed its 2025
General Plan, an updated sphere plan was developed to incorporate changes suggested in
LAFCO of Mendocino County 20
Municipal Service Review City of Ukiah and Ukiah Valley Districts Resumes
the new general plan. The report included an Initial Study and Negative Declaration to
satisfy CEQA requirements
Truckee Donner Public Utility District Sphere of Influence Plans, Nevada LAFCO.
Project manager to complete the Sphere of Influence Plan update for the Truckee Donner.
Public Utility District, a multi-county special district. The District provides water and
electricity to the Town of Truckee and portions of nearby Placer County.
MSR for Truckee Public Utility District Electric Utility Services. Completed the
municipal service review of electric utility services that is included in the Sphere Plan for the
Truckee Donner Public Utilities District.
i Truckee Sanitary District Sphere of Influence Plans, Nevada LAFCO. Project manager
i
to complete the Sphere of Influence Plan update for the Truckee Sanitary District, a multi-
county special district. The District provides wastewater service to the Town of Truckee and
E
portions of nearby Placer County
MSR for City of Lincoln. Project manager for the preparation of the MSR for the City of
Lincoln in Placer County. Lincoln is a full-service city that provides water, wastewater, solid
waste, law enforcement, fire, parks and recreation, stormwater, library, and public transit
services. The City also operates a municipal airport.
MSR for City of Roseville. Project manager for the preparation of the MSR for the City of
Roseville in Placer County. Roseville is a full-service city that provides water, wastewater,
solid waste, law enforcement, fire, parks and recreation, stormwater, library, and public
transit services. The City also operates an electric utility.
MSR for City of Roseville Sierra Vista Specific Plan. Project manager for the preparation
of the MSR for the Sierra Vista Specific Plan Area (SPA) in the City of Roseville in Placer
I County. The SPA included 370 acres outside the current sphere of snfluence of the City of
Roseville. The additional acreage included parks and open space that helped the SPA meet
r
the park dedication requirements of the City. The MSR provided information needed to
assess whether that area could be effectively served by the City.
MSR/SOI for Madison Community Services District. The Madison Community Services
District provides water, wastewater, and parks and recreation services to the community of
Madison in Yolo County. The project involved preparation of the MSR and an analysis to
expand the sphere of influence. In anticipation of a larger sphere, the study also included
an Initial Study and Mitigated Negative Declaration to comply with CEQA.
MSR Solano County Water, Irrigation, Reclamation, and Flood Management Agencies.
Project manager for the preparation of the MSR for 26 water agencies in Solano County.
The agencies included the Solano County Water Agency, an irrigation district, two water
( districts, and 22 reclamation districts.
I
LAFCO of Mendocino County 21
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Resumes
Aromas Water District Annexation. The Aromas Water District is a multi-county special
district whose boundaries include territory in both San Benito and Monterey counties. The
greater assessed value is in San Benito County, making San Benito the principal LAFCO.
The district applied to annex all of the territory in the sphere of influence within Monterey
County. The San Benito LAFCO passed a resolution allowing LAFCO of Monterey County
to process the annexation. The notice of the public hearing brought out several comments
from residents who were concerned that they may be required to hook up to the municipal
( water system and abandon their private wells. As the Senior Analyst for the proposal,
addressed all concerns so that the proposal could go forward to the Commission. With the
addition of the Monterey County territory, it is possible Monterey would become the principal
county with the greater assessed value.
Soledad-Creekbridge Annexation. As LAFCO staff, processed the application for the
annexation of 46 acres to the City of Soledad. The territory in question had been within the
City's sphere of influence and the intended use was for a shopping center. Key issues were
the loss of prime agricultural land and an indefinite boundary that was based on an
extension of an existing roadway.
Spreckels Standard Pacific Sphere of Influence Amendment and Annexation. As
LAFCO staff, processed the application for an amendment to the sphere of influence and
annexation of 19 acres to the Spreckels Community Services District. The annexation
would allow development of some 73 lots that were mapped in 1907. The Spreckels
Community Services District provides stormwater drainage, garbage collection and fire
protection. to the Spreckels Community. However, the area in question was already served
by the Salinas Rural Fire Protection District. In order to avoid duplication of services, the
applicant was encouraged to amend the proposal to create a separate zone for the CSD
that provided all but fire services. The amendment allowed the annexation to go forward
and avoid duplication of services.
LAFCO of Monterey County Fee Study. Evaluated the current schedule of fees and
deposits, recalculated the hourly rate, adjusted deposit schedule, and added deposits for
actions not previously considered. In addition, the new fee schedule included definitions of
key terms, an agreement to pay actual costs, and a renewable deposit policy. A part of the
analysis scope included comparing the new schedule to other LAFCO fee schedules to
determine whether the new schedule was comparable.
Memorandum of Agreement Policy White Paper. The concept of a Memorandum of
Agreement was based on the desire to have cities, in particular, address issues pertaining to
i LAFCO before the application for a sphere of influence amendment was received. One of
the key issues was the loss of prime agricultural land. The concept would allow applicants
to develop their own way to mitigate the loss of prime agricultural lands. Since LAFCO has
no land use authority, the agreement would allow the applicant to enforce mitigation
measures.
IAFCO of Mendocino County 22
Municipal Service Review City of Ukiah and Ukiah Valley Districts
Resumes
Working Group to Rewrite the Community Services District Enabling Legislation.
Participated in the rewrite of the Community Services District law. As a result, SB 135, was
passed in 2005.
Working Group for Mosquito Abatement District Enabling Legislation. Represented
CALAFCO on the working group to rewrite the Mosquito Abatement District Law. As a
result, SB 1588, was passed and approved in 2002.
Incorporation of Three Cities. As a Sacramento LAFCO commissioner, reviewed and
approved the proposed incorporation of Citrus Heights, Elk Grove, and Rancho Cordova.
Annexation of portions of Yolo County to Sacramento Municipal Utility District
(SMUD). As a Sacramento LAFCO commissioner, reviewed and approved a proposal to
extend electricity services of SMUD to eastern Yolo County, an area served by PG&E. The
key question centered on the value of the PG&E equipment. A second key issue was
whether the annexation would actually result in lower rates and better services to the
residents of Yolo County without increasing the costs to current SMUD subscribers in
Sacramento County.
Consolidation of Galt Fire District and Elk Grove Community Services District. The
} proposal requested approval of the consolidation of the Galt Fire District with the
t neighboring fire service provider to the north, the Elk Grove Community Services District.
The Galt Fire District had reached its Gann spending limit yet had additional resources for
new fire equipment that it could not legally spend. The consolidation created a district with a
higher spending limit to provide better service to Gait residents. Elk Grove benefited, since
it had been providing service to Galt via a mutual aid agreement. The additional property
tax revenue would provide improved service to both communities.
CALAFCO Legislative Committee. Served on the Legislative Committee from 2002
though 2008. Reviewed pending legislation and testified on behalf of CALAFCO at the
Assembly Local Government Committee and the Senate Local Government Committee.
CEQA PROJECTS
Arden Arcade Incorporation Environmental Impact Report. Analyzed environmental
impacts for the Public Services and Utilities section of the Environmental Impact Report for
the Proposed Incorporation of the City of Arden Arcade in Sacramento County.
t. Town of Truckee Sphere Plan Initial Study/Negative Declaration. Performed an Initial
( Study for the Town's sphere of influence. Included in the study was an analysis of the
potential impacts on climate change to comply with the updated CEQA requirements in SB
97. The initial study concluded there were no impacts that required mitigation and that a
Negative Declaration was appropriate.
Climate Change Analysis Report, Yosemito Cattle Company. Yosemite Cattle Company
requested a conditional use permit to construct a Guest Ranch-a recreational land use-
LAFCO of Mendocino County 23
Municipal Service Review City of Ukiah and Ukiah Valley Districts Resumes
i
with associated buildings on land that is designated for agricultural (AG) purposes in the
Tuolumne County General Plan. This document assesses the impact of the Yosemite Cattle
Company's Guest Ranch project on climate change to satisfy the climate change
assessment for CEQA purposes.
PG&E Pipeline. Analyzed environment impacts for the Hazards section of the EIR for the
PG&E Pipeline project in Yolo, Sacramento, and Placer counties.
Air Quality Analysis Report, Andalucia Apartments, Mission Viejo, CA. The project
required an Environmental Impact Report to assess impacts to the environment from the
construction of a 266-unit apartment complex in Mission Viejo, CA. Prepared the Air Quality
section of the Mitigated Negative Declaration (MND).
Del Rio Road Commercial Specific Plan, Atascadero, CA. The Del Rio Road
Commercial Area Specific Plan consists of two non-contiguous areas totaling approximately
39 acres located at the intersection of El Camino Real and Del Rio Road in the City of
Atascadero. The Specific Plan and Environmental Impact Report (EIR) will analyze the
potential environmental effects of the 123,112-square-foot Walmart store and 120,900-
square-foot commercial annex. Prepared the Hydrology and Water Quality section of the
EIR.
PUBLICATIONS
"Climate Change on the LAFCO Horizon." The CALAFCO Sphere. April 2009.
"Growth and Air Quality in California." California Professional Engineer, Vol. 26, No. 5, pp. 13-
15. 1992.
PROFESSIONAL AFFILIATIONS
American Planning Association
Association of Environmental Professionals
American Meteorological Society
EDUCATION
University of California Los Angeles-Master of Science, Meteorology, 1974
St. Louis University, St. Louis, MO-Bachelor of Science, Meteorology, 1972
LAFCO of Mendocino County 24
Affachment # 3
idea
City i/_ Ukirh
ITEM NO.:
MEETING DATE:
7e
May 18, 2011
AGENDA SUMMARY REPORT
SUBJECT: 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
SUMMARY: The City Manager, City Attorney, and staff have been working with a Local Agency
Formation Commission (LAFCo) Ad Hoc Committee and its staff to formulate a Memorandum of
Understanding (MOU) to prepare the City's Municipal Service Review (MSR). The MOU has
been reviewed and approved by the Commission and staff is seeking approval by the City
Council.
The MOU sets forth the agreement between the City and LAFCo for having the Municipal
Service Review prepared. It ensures the City's direct decision-making participation in regard to
the solicitation and interviews of consultants, the award of a contract to a consultant and the
review and approval of the draft and final MSR documents. Because the City is paying for the
MSR, the Commission cannot award the contract unless the City Council concurs with the
Commission's approval of the consultant, the contract and the scope of work.
Fiscal Impact:
❑ Budgeted FY ❑ New ❑ Budget Amendment
10/11 Appropriation Fx1 Not Applicable Required
Recommended Action(s): Approve Memorandum of Understanding
Alternative Council Option(s): Do not approve Memorandum of Understanding and provide
direction to Staff.
Citizens advised:
N/A
Requested by:
Jane Chambers, City Manager
Prepared by:
Charley Stump, Director of Planning and Community Development
Coordinated with:
Jane Chambers, City Manager and David Rapport, City Attorney
Attachments:
1)Memorandum of Understanding
Approved:
Jane Chambers, City Manager
MEMORANDUM OF UNDERSTANDING BETWEEN
THE MENDOCINO COUNTY LOCAL AGENCY
FORMATION COMMISSION AND THE CITY OF
UKIAH FOR PREPARATION OF CITY OF UKIAH
MUNICIPAL SERVICE REVIEW
This Memorandum of Understanding ("MOU") is entered in Ukiah, California, on
, 2011 ("Effective Date") between the Mendocino County Local Agency
Formation Commission ("LAFCO") and the City of Ukiah ("City"). This MOU may refer
to LAFCO and the City as a "Party" or as "the Parties."
RECITALS:
1. By January 1, 2008, and every five years thereafter, LAFCO is required by
Government Code Section 56425 to review and update spheres of influence ("SOIs") for
cities and districts in Mendocino County.
2. Government Code Section 56430 requires LAFCO to complete municipal
service reviews ("MSRs") to use in performing the five year updates required by
Government Code Section 56425.
3. LAFCO has not completed MSRs for the City or the districts in the Ukiah
Valley area.
4. In 1995 the City adopted a revised General Plan which proposed to revise its
SOI as depicted on the map attached as Exhibit A in the RFP, which would effectively
reduce its SOI from its previously approved boundaries.
5. The City plans to submit its application to LAFCO to determine its SOI as
proposed in the City's General Plan, but according to LAFCO policy LAFCO will not act
on that application until an MSR covering the City and its proposed SOI has been
completed and approved by LAFCO.
6. The City has proposed to pay for a qualified consultant to prepare a single MSR
covering all City services within the City and its proposed SOI ("City Only MSR") for
consideration and approval by LAFCO.
7. LAFCO saw the City's proposal as an opportunity to leverage any funds the
City provides for a City Only MSR to complete the preparation of MSRs for the districts
in the Ukiah Valley area. Thus, the ad hoc committee developed Part 1 and Part 2 of the
RFP to separately address the City Only MSR and MSRs for special districts in the Ukiah
Valley Area.
8. Based on the City's proposal, on January 10, 2011, the Commission appointed
three commissioners to an ad hoc committee for the purpose of developing a Request for
Proposal (RFP) for an MSR for the City and for the Ukiah Valley area. The LAFCO
Executive officer and a City staff person provided support and input to the committee.
9. With some additions, on February 7, 2011, the Commission approved the ad
hoc committee's proposed RFP, a true and correct copy of which is attached hereto as
Exhibit A and incorporated herein by this reference, and issuance of the RFP to solicit
proposals from qualified consultants.
10, On March 16, 2011, the City Council approved the RFP and issuance of the
RFP to solicit proposals from qualified consultants.
11. The purpose of this MOU is to memorialize the terms under which the City
will fund and LAFCO will consider for adoption a City Only MSR.
AGREEMENT:
In consideration of and reliance upon the above-recitals and the terms and
conditions as stated below, the Parties agree as follows.
1. Subject to the provisions of this MOU, the solicitation of consultants, the
award of a contract to a consultant and the review and approval of the draft and final City
Only MSR shall be conducted in accordance with the provisions of the UP.
2. Before LAFCO issues the RFP, the City shall have a reasonable opportunity to
review the proposed list of consultants and to request the addition of any consultants not
on the list. LAFCO shall send the RFP to any of the consultants requested by the City.
3. The approved compensation for the City Only MSR shall be based on time and
expenses, the rates for which are clearly set forth in the contract, not-to-exceed a
guaranteed maximum dollar amount based on a detailed scope of work.
4. In defining the scope of work for Part 1, the City shall have the opportunity to
provide input to the ad hoc committee. A maximum of two City representative shall also
have the opportunity to participate in the interviews of the consultants who submitted top
ranked proposals for Part 1 and to provide input during the contract negotiations
conducted by the committee of the chosen consultant(s).
5. The City shall not be responsible for payment of any work performed by the
consultant that is not set forth in the approved scope of work unless the City and the
committee approves such additional work in advance.
6. The ad hoc committee will recommend a consultant and contract terms to the
Commission. The Commission must then consider and approve the consultant contract,
2
scope of work and guaranteed maximum cost. LAFCO shall not award a contract for the
City only MSR, unless the City Council, in the sole exercise of its discretion, concurs
with the Commission's approval of the consultant, the contract and the scope of work.
Any decision to amend, suspend or terminate the consultant agreement approved by the
Parties will require the approval of the City Council and the Commission.
7. Unless subject to a timely objection by the City, it shall pay all ad hoc
committee approved consultant invoices within 30 days of receipt from LAFCO.
Approved invoices shall be submitted to the City Manager and payment should be sent
directly to LAFCO who will be responsible for transmitting payment to the consultant.
LAFCO will copy the City Manager on the payment transmittal. The City shall notify
LAFCO in writing of any objections to the invoice within 10 days of receipt of the
invoice from LAFCO.
8. This MOU, including the attached RFP, contains the entire agreement between
LAFCO and the City concerning the preparation of the City Only MSR and the City's
obligation to pay the consultant's fees and expenses.
9. This MOU may be amended, if the amendment is approved by the
Commission and the City Council and signed by authorized representatives of the Parties.
W. Any notice, payment or other communication required or permitted under this
MOU shall be deemed given and received, if personally delivered, sent by fax or email or
48 hours after deposit in the United States Mail with first class postage affixed thereto
and sent to:
LAFCO
Attention: Frank McMichael, E.0
CITY
Attention: Jane Chambers, City Manager
11. This MOU may be executed in duplicate originals bearing original signatures.
Each such document shall be admissible in any administrative or judicial proceeding as
evidence of the terms of this agreement.
WHEREFORE, the Parties have entered this MOU on the Effective Date.
LOCAL AGENCY FORMATION
COMMISSION
CITY OF UKIAH
Jere Melo, Chairman
Mari Rodin, Mayor