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HomeMy WebLinkAbout2012-02-01 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 1, 2012 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Meeting of 1/18/12 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval Of Notice Of Completion For Remediation System Installation - Ukiah Corporation Yard Specification No. 10-15 b. Adopt Resolution Amending Appendix To Conflict Of Interest Code. C. Adoption Of Public Nuisance Abatement Ordinance d. Approve And Authorize City Manager To Sign Assignment, Novation, And Consent Agreement With GHD, Inc. (Formerly Winzler & Kelly) 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Consideration And Action To Approve A Ballot Argument Regarding The Measure To Make The Office Of City Treasurer Appointive Or Remain Elective 13. NEW BUSINESS a. Accept A Mendocino Public Safety Foundation Donation Of $12,000, Accept Matching Donations From The Fort Bragg And Willits Police Departments Of $5,000 Per Department, And Authorize The Purchase Of A Law Enforcement Tactical Robot From Robotex, Inc., In The Amount Of $27,112.86. b. Authorize The Sole Source Contract For Purchase Of Dispatch "California Law Enforcement Telecommunications System" Interface Software From Visionair, Inc. In The Amount Not To Exceed $30,840.00 Plus Applicable Sales Taxes And Shipping. C. Receive The Mayor's Appointments To The Oversight Board Of The Successor Agency To The Ukiah Redevelopment Agency And Approve A Resolution Of The City Council Of The City Of Ukiah, California, Confirming The Mayor's Appointment Of Members To The Redevelopment Dissolution Oversight Board. 14. CITY OF UKIAH. AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY a. Approve And Authorize City Manager To Sign Assignment, Novation And Consent Agreement With GHD, Inc (Formerly Winzler & Kelly) For Redevelopment Contracts As The Successor Agency For The Ukiah Redevelopment Agency 15. CLOSED SESSION - Closed Session may be held at any time during the meeting 16. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 26th day of January, 2012. JoAnne Currie, City Clerk a ,m February 1, 2012 To Whom it May Concern, Yokayo Biofuels, is an established and successful operation that has been processing fats, oils, and grease into valued-added biofuels since 2001. Through our public policies and financial partnerships, the city of Ukiah has been encouraging and supporting green businesses, such as Yokayo Biofuels, for many years. The proposed project-to modernize Yokayo Biofuel's facility and increase the production of blended biofuel-provides another opportunity for us to do what we can to support this burgeoning field. The triple benefits of new green jobs, the diversion of more of the waste stream, and the reduction of greenhouse gas emissions are just the kind of business dividends we want for the city of Ukiah. We strongly urge you to fund Yokayo Biofuels' grant application for The California Energy Commission's newest Alternative and Renewable Fuel and Vehicle Technology Program. Your investment in this biofuels facility expansion will leverage diverse city, county, and state goals. Moreover, the requested funding will support a strong business that has big, yet realistic, plans for expanding its capacity to reduce greenhouse gas emissions by using deep fryer oil to create biofuels. Sincerely, Mary Anne Landis, Mayor 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 1, 2012 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Meeting of 1/18/12 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval Of Notice Of Completion For Remediation System Installation - Ukiah Corporation Yard Specification No. 10-15 b. Adopt Resolution Amending Appendix To Conflict Of Interest Code. C. Adoption Of Public Nuisance Abatement Ordinance d. Approve And Authorize City Manager To Sign Assignment, Novation, And Consent Agreement With GHD, Inc. (Formerly Winzler & Kelly) 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Consideration And Action To Approve A Ballot Argument Regarding The Measure To Make The Office Of City Treasurer Appointive Or Remain Elective 13. NEW BUSINESS a. Accept A Mendocino Public Safety Foundation Donation Of $12,000, Accept Matching Donations From The Fort Bragg And Willits Police Departments Of $5,000 Per Department, And Authorize The Purchase Of A Law Enforcement Tactical Robot From Robotex, Inc., In The Amount Of $27,112.86, b. Authorize The Sole Source Contract For Purchase Of Dispatch "California Law Enforcement Telecommunications System" Interface Software From Visionair, Inc. In The Amount Not To Exceed $30,840.00 Plus Applicable Sales Taxes And Shipping. C. Receive The Mayor's Appointments To The Oversight Board Of The Successor Agency To The Ukiah Redevelopment Agency And Approve A Resolution Of The City Council Of The City Of Ukiah, California, Confirming The Mayor's Appointment Of Members To The Redevelopment Dissolution Oversight Board. 14. CITY OF UKIAH AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY a. Approve And Authorize City Manager To Sign Assignment, Novation And Consent Agreement With GHD, Inc (Formerly Winzier & Kelly) For Redevelopment Contracts As The Successor Agency For The Ukiah Redevelopment Agency 15. CLOSED SESSION - Closed Session may be held at any time during the meeting 16. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 26th day of January, 2012. JoAnne Currie, City Clerk Item 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 1118/2012 1. ROLL CALL Ukiah City Council met at a Regular Meeting on January 18, 2012, the notice for which being legally noticed on January 12, 2012. Mayor Landis called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Thomas, Crane, Rodin, Baldwin, and Mayor Landis. Councilmembers absent: None. Staff Present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Currie, Director of Community Development and Planning Stump, Senior Planner Jordan, and Police Captain Taylor. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Meeting of 1/9/12 b. Regular Meeting of 1/4/12 MIS Thomas/Baldwin to Approve the minutes of the Special Meeting of 1/9/12 and the Regular Meeting of 1/4/12 as submitted. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Disbursements for the Month of December 2011 b. Approve A Resolution Waiving The 60-Day Notification Requirement For Establishing A County Facility Within The City Limits To Allow The County Of Mendocino To Lease Property At 655 Kings Court, Suites 300 & 400, Ukiah, Ca C. Approval Of A Resolution Of The City Council Of The City Of Ukiah Demanding Repayment Of Outstanding Loan Amount Under The Loan Agreement Between The Ukiah Redevelopment Agency And The City Of Ukiah, Dated April 3, 1996 With An Effective Date Of January 1, 1987 And Approval Of Corresponding Budget Amendment For The Receipt Of Funds. Page 1 of 4 1/18/2012 M/S Rodin/Baldwin to Approve Items 7a- 7c. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9. COUNCIL REPORTS Councilmember Thomas reported the new Mendocino County Library Bookmobile is in town. 10. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported two special meetings are scheduled for Monday January 23 and 30. No requests for decisions are expected for January 23 because the workshop is regarding Redevelopment impacts and where the City stands in the current budget year. January 30 is a Redevelopment meeting and some actions need to be taken regarding enforceable obligations and appointments to the oversight committee. January 30 is also a strategic planning meeting. Recessed 6:09 pm Reconvened 6:15 pm 11. PUBLIC HEARINGS (6:15 PM) a. Appeal Of The Planning Commission's Certification Of The Walmart Expansion Project Environmental Impact Report (EIR) Public Hearing Opened 6:15 pm Planning and Community Development Director Stump and Senior Planner Jordan presented the item. Recommended Action(s): Deny the Appeal and thereby uphold Planning Commission's certification of the Walmart Expansion Project Environmental Impact Report (EIR). Director Stump informed City Council they have a copy of William Kopper's, appellant's (Citizens for Sustainable Commerce) attorney, correspondence dated today, arriving in the afternoon. Brian Grattidge, Environmental Science Associates (ESA), was available to answer questions and gave a presentation regarding the California Environmental Quality Act (CEQA) compliance EIR process. Mr. Kopper, on behalf of appellant, provided a presentation regarding outlining the reasons for the appeal. Mr. Kopper introduced the appellant's engineer, Dan Smith, Jr. P.E., Smith Engineering and Management, a registered civil and traffic engineer who provided information on traffic issues the project may cause. Amy Herman, CBRE Consulting, was the company that authored the urban decay section of the EIR and was available to answer questions. Grattidge introduced Steve Weinberger, WTrans, and author of the traffic portion of the EIR. Mr. Weinberger answered questions about the EIR. Recessed 7:45 pm Reconvened 7:52 pm Public speaking in support of denying the Appeal and upholding the Planning Commission's certification of the EIR: Page 2 of 4 1/18/2012 Mark Arcamonte, Anita Luft supports the expansion, Brent Lorenz, Robert Hammel, Louis Opezo, Sandra Wilhite, Debby Vinson, Larry Gilbert, Dannett Hiatt, Penny Vinson, Gail Walters, April Harrington, Josh Lietz, Craig Davis, Miroslav Masek, Raul Ruiz, Serena Stanford, Judy Christenson, Larry Boyd, Danny Jacks, Pascal Milon, Miriam Montesinos (Walmart's legal council), Ken Mucklow, Mary Mucklow, and Ken McLendon. Public speaking in opposition of denying the Appeal and upholding the Planning Commission's certification of the EIR: Eric Wright, Julia Wood, opposes denial Jeffrey Blankfort (Citizens for Sustainable Commerce), Ellen Faulkner, Peter Good, Dorotheya Dorman, Tomas Ray, Anne VanderHorck, Dora Briley, Ernie Olson, Ruth Sander, Jim Stoepler, Pinky Kushner, Charlie Vaughan, Cathy Finigan, Ike Heinz, Laura Bianchi, Janet Deninger, Robin Sunbeam, Susan Sher, Alan Nicholson, and Steve Scalmanini. Councilmember Rodin left dais 9:25 pm and returned 9:27 pm Public Hearing Closed 10:09 pm Recessed 10:09 pm Reconvened 10:20 pm MIS Rodin/Thomas to Approve denial of the appeal and uphold the Planning Commission's certification. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, and Mayor Landis. NOES: Baldwin. ABSENT: None. ABSTAIN: None 12. UNFINISHED BUSINESS a. Discussion And Possible Introduction Of Public Nuisance Abatement Ordinance City Attorney Rapport and Police Captain Taylor presented the item. Recommended Action(s): Introduce ordinance by title only. MIS Baldwin/Rodin to introduce the ordinance by title only. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. Public speaking in support of the item: Cindy Montesonti, John McCowen, Ukiah, David Guzman, and Mariano Guzman. Public speaking in opposition of the item: Danny Jacks. City Clerk Currie read the ordinance by title only. MIS Baldwin/Rodin to approve the introduction of the ordinance. Motion carried by the following roll call votes: AYES: Landis, Thomas, Councilmember Rodin, Crane, Baldwin. NOES: None. ABSENT: None. ABSTAIN: None Page 3 of 4 1/18/2012 M/S Baldwin/Thomas to approve review in one year. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None b. Receive Status Report On Observatory Park Development Project. Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Receive status report on Observatory Park Development Project. City Council received the report. 13. NEW BUSINESS 14. CLOSED SESSION - Closed Session may be held at anv time durina the meetin a. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Electric, Miscellaneous, Management, and Department Head Units b. Conference with Legal Counsel -Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) Closed session not heard. 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:54 pm. JoAnne M. Currie, City Clerk Page 4 of 4 1/18/2012 r-`its a 'ZI fah ITEM NO.: 7a MEETING DATE: AGENDA SUMMARY REPORT February 1, 2012 SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR REMEDIATION SYSTEM INSTALLATION - UKIAH CORPORATION YARD SPECIFICATION NO. 10-15 Background: This project was funded in the FY 2010-2011 budget adopted by the City Council. Discussion: The City Council awarded the contract on September 1, 2010 to Lee Howard Construction of Ukiah, California (contractor) in the amount of $92,636. The work of the contract was completed by the contractor in substantial conformance with the approved plans and specifications on December 19, 2011. The final contract cost, based on actual quantities constructed and the approved change orders, is $229,633.46. Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion is filed with the County Recorder. Fiscal Impact: Budget Amendment Required Budgeted FY 09/10 F-1 New Appropriation I-X Not Applicable I Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested Recommended Action(s): 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Remediation System Installation - Ukiah Corporation Yard Specification No. 10-15. Alternative Council Option(s): N/A Citizens advised: Lee Howard, Lee Howard Construction Company Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Alan Hasty, Assistant Engineer Coordinated with: Jane Chambers, City Manager Rick Seanor, Deputy Director of Public Works - Engineering & Streets Attachments: 1. Notice of Completion Approved: 1Jane hambers, City Manager Jr fi r r ATTACHMENT 1 Please return to CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE IS HEREBY GIVEN: NOTICE OF COMPLETION 1. That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Remediation System Installation - Ukiah Corporation Yard, Specification No. 10-15 of all said owners is that of fee simple. 3. That on the 19th day of December 2011, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is Lee Howard Construction Company, 3900 Parducci Road, Ukiah, CA 95482. 5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as the City of Ukiah Corporation Yard. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation By: Date JoAnne Currie, City Clerk Date State of California County of Mendocino Clt MEMORANDUM To: Members of the City Council From: Tim Eriksen, City Engineer/Director of Public Works cc: JoAnne Currie, City Clerk Date: January 30, 2012 Re: ITEM 7a - Meeting of February 1, 2012, Approval Of Notice Of Completion For Remediation System Installation - Ukiah Corporation Yard Specification No. 10- 15 Attachment "A" for your review is the corrected Notice of Completion for the above referenced project. The correction is the changed date for completion of the contract work. The correction applies to the date in the Agenda Summary Report as well. ATTACHMENT "A" Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Remediation System Installation - Ukiah Corporation Yard, Specification No. 10-15 of all said owners is that of fee simple. 3. That on the 1 1 th day of October 2011, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is Lee Howard Construction Company, 3900 Parducci Road, Ukiah, CA 95482. 5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as the City of Ukiah Corporation Yard. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation By: Date JoAnne Currie, City Clerk Date State of California County of Mendocino c= iey of ilk ah ITEM NO.. 7b MEETING DATE: AGENDA SUMMARY REPORT February 1, 2012 SUBJECT: Adopt Resolution Amending Appendix To Conflict Of Interest Code. Background: The City's Conflict of Interest Code as found in the Appendix to the Code is scheduled be reviewed and amended every two years to determine whether or not position titles need to be added or eliminated based on staffing and job description changes. Discussion: Amendments are reflected in Attachment 1, Appendix to Conflict of Interest Code Disclosure Categories for Conflict of Interest Code (Exhibit A). Fiscal Impact: 1-1 Budgeted FY 11/12 F-1 New Appropriation Fx-l Not Applicable Budget Amendment Required Recommended Action(s): Adopt Resolution Amending Appendix to Conflict of Interest Code. Alternative Council Option(s): Determine modifications must be made to the Appendix, identify changes, and adopt Resolution with revised Appendix. Citizens advised: N/A Requested by: N/A Prepared by: JoAnne M. Currie, City Clerk Coordinated with: David Rapport, City Attorney, Melody Harris, Human Resources Director Attachments: 1. Resolution Amending Appendix to Conflict of Interest Code with Exhibit A Approved: r J~ e Chambers, City Manager ATTACHMENT RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING APPENDIX TO CONFLICT OF INTEREST CODE WHEREAS, 1. The Political Reform Act, Government Code § 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and .2. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 C.C.R. § 18730) containing the terms of a standard conflict of interest code, which can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Act; and 3. On March 6, 1991, in Resolution No. 91-46, the City Council adopted the standard conflict of interest code by reference; and 4. Resolution No. 91-46 contained an Appendix which set forth the disclosure categories for the various positions in the City of Ukiah government who make decisions that could affect an economic interest; and 5. Various job titles and duties have changed since the Appendix was originally adopted and the Appendix requires amendment to reflect the currently effective job titles and duties within the City of Ukiah; and 6. Under Government Code § 87306.5 every other year beginning in 1992, the City Council must either amend its City Code or determine that no amendments are necessary. NOW, THEREFORE, BE IT RESOLVED, that this Resolution supersedes all other resolutions establishing Appendix to Conflict of Interest Code in the City of Ukiah and the attached Appendix to Conflict of Interest Code (Exhibit A) is hereby adopted, effective March 1, 2012, and shall remain in effect until further amended by resolution of the City Council. PASSED AND ADOPTED this 1St day of February 2012, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mary Anne Landis, Mayor ATTEST: JoAnne M. Currie, City Clerk EXHIBIT A RESOLUTION NO. 2012- APPENDIX TO CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES FOR CONFLICT OF INTEREST CODE (Effective March 1, 2012) RANGE OF DUTIES POSITION REPORTABLE INTERESTS a. Employees whose duties are Mayor*, Councilmembers*, City All sources of income, interests in broad and indefinable Manager*, Assistant City real property and investments and Manager, City Attorney*, City business positions in business Treasurer*, Finance Director, entities Assistant Finance Director, Public Safety Director, Fire Division Chief, Planning Commissioners*, Building Board of Appeals, Planning & Community Development Director, Police Captain, Public Works Director/City Engineer, Risk Manager/HR Director, Electric Utility Director Employees whose duties involve contracting or purchasing for supplies: a. Entire City City Clerk, Deputy Public Works Investments and business Director, Purchasing Supervisor, positions in business entities, Buyer, Information Technology which provide services, supplies (IT) Supervisor, Finance and materials, machinery or Controller, Project and Grant equipment of the type utilized by Administrator the entire City (excluding Schedules B & C 1) a. A specific City Department Airport Manager, Recreation Investments and business Supervisor, Community Services, positions in business entities, and Administrator, Museum Director, sources of income which provide and sources of income which services, supplies, materials, Electric Supervisor, provide machinery, or equipment of the services, supplies, Senior Civil type utilized by the designated- Engineer, Assistant Civil Engineer, employee's department (all Electrical Distribution Engineer, schedules excluding Schedules B Public Works Supervisor, Water & C1) Treatment Plant Supervisor, Wastewater Treatment Plant Supervisor, Water/Sewer Supervisor, Conference Center Administrator Included solely for disqualification purposes. Disclosure requirements imposed by Government Code Section 87200. Solely required to complete Form 700 or any successor form. (See 2 C.C.R. §18730, Section 3.) Note: If the City hires "consultants" as defined in 2 C.C.R. §12700, whether or not the consultant has a disclosure obligation and the extent of that obligation will be determined in accordance with the City Manager Consultant Disclosure Policy as adopted on June 7, 2007. Pursuant to that policy, the City Clerk shall forward a copy of this determination to the Fair Political Practices Commission (FPPC). JoAnne Currie From: tomcyndichili@comcast.net Sent: Saturday, January 28, 2012 9:41 FM To: JoAnne Currie Subject: City Website Inquiry to City Clerk JoAnne Currie email: tomcyndichili@acomcast.net realname: Company: Name: Cyndi Montesonti Title: Mailing_Address: 545 Mendocino Drive City: Ukiah State: CA Zip: 95482 Phone: Contact _Method: by E-Mail Comment: Hi there: I was at the last City Council meeting and talked to the Council members to support and introduce the Nuisance Abatement Ordinance. My husband and I will be at the airport on Wednesday evening picking up our daughter and our grandchildren, and will be unable to attend the Council meeting. We want to urge the members to vote for the Nuisance Abatement Ordinance and want to let them know why we are unable to attend. How do I write them all at once instead of separate email forms? Thank you. Cyndi REMOTE-HOST= REMOTE ADDR=76.102.207.39 HTTP_USER_AGENT=Mozilla/5.0 (Windows NT 6.1; WOW64; rv:9.0.1) Gecko/20100101 Firefox/9.0.1 REMOTE USER= 1 cil,y t glkz:afr ITEM NO.: 7c MEETING DATE: UKIAH CITY COUNCIL AGENDA SUMMARY REPORT February 1, 2012 SUBJECT: ADOPTION OF PUBLIC NUISANCE ABATEMENT ORDINANCE SUMMARY: The City Council introduced this nuisance abatement ordinance at its January 18, 2012, meeting, on a unanimous, 5-0 vote. As a result, the ordinance can be adopted as a consent calendar item. The Council originally considered a proposed ordinance at its meeting on April 6, 2011, after which the ordinance was revised to remove certain conditions from the declaration of a public nuisance, including parking vehicles on unpaved surfaces, weeds or overgrown vegetation on private property, furniture stored or used on private property that was not designed for outdoor use, peeling paint, and water stored in cisterns or tanks used as part of a rainwater catchment or grey water reuse system. The ordinance, if adopted, will become effective thirty days later on March 2, 2012. Recommended Action(s): Motion to adopt ordinance. Alternative Council Option(s): Modify ordinance; instruct staff to bring back changes. Decline to adopt the ordinance. Citizens advised: N/A Requested by: N/A Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager and Trent Taylor, Police Captain Attachments: 1. Ordinance of the City Council of the City of Ukiah Adding a New Chapter 12, Entitled: "Abatement of Public Nuisances." To Division 3 of the Ukiah Citv Code . Approved: , iG"-_ ~ Chambers, City Manager ATTACHMENT I ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING A NEW CHAPTER 12, ENTITLED: "ABATEMENT OF PUBLIC NUISANCES," TO DIVISION 3 OF THE UKIAH CITY CODE. SECTION ONE. The City Council of the City of Ukiah hereby ordains that a new Chapter 12, entitled "Abatement of Public Nuisances" is hereby added to Division 3 of the Ukiah City Code to read as follows. DIVISION 3 BUILDING CHAPTER 12 ABATEMENT OF PUBLIC NUISANCES Sections: 3450 Purpose. 3451 Definitions. 3452 Declaration of nuisances. 3453 Summary Abatement. 3454 Method of giving notice. 3455 Determination of nuisance. 3456 Appeal. 3457 Time limit for compliance. 3458 Abatement by City. 3459 Report of abatement costs. 3460 Recovery of attorneys' fees and report of attorneys' fees. 3461 Treble damages. 3462 Protest of abatement costs. 3463 Council action. 3464 Imposition of special assessment lien and notice. 3465 Recording of nuisance abatement lien. 3466 Collection of costs and attorney's fees prior to hearing. 3467 Alternative remedies. 3450: PURPOSE. It is hereby declared to be in the public interest to promote the health, safety and welfare of the residents of the City of Ukiah by providing procedures for the abatement of nuisances as declared by the City Council of the City of Ukiah, which abatement procedures shall be in addition to all other proceedings authorized by this Code or otherwise by law. 3451: DEFINITIONS. For the purpose of this Chapter the following words and phrases shall have the meanings: "Abandoned vehicle" means an unlicensed or physically inoperable vehicle "Abatement" means the demolition, removal, repair, maintenance, construction, reconstruction, replacement, or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight. "Agricultural groves" means any grove of ten or more trees on a parcel or lot. "Attractive nuisance" means any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. Attractive nuisances may include, but shall not be limited to: 1. Abandoned and/or broken equipment; 2. Swimming pools being used as fish ponds or other uses contrary to permitted swimming or other pool uses, subject to state or local regulations requiring, without limitation, that drains be visible from the water's surface and that the water be filtered; 3. Hazardous and/or unmaintained pools, ponds, culverts, excavations; and 4. Neglected machinery. "Building" means any structure including, but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobile home, or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial, or other establishment, warehouse, kiosk, or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity. "Construction Waste " means any discarded material from the building or destruction of structures, road and bridges including concrete, rocks, asphalt, plasterboard, wood and other related material. "Code Compliance Manager" shall mean the person or persons designated by the City Council or the City Manager to enforce the provisions of this Chapter. "Excavation" means any wells, shafts, basements, cesspools, septic tanks, fish ponds, and other like or similar conditions more than six inches in diameter and three feet in depth. "Foul" means very offensive to the senses. "Garbage" means any putrescible animal, fish, fowl, food, fruit, or vegetable matter 2 resulting from the cultivation, preparation, storage, handling, decay or consumption of the substance. "Hazardous materials and waste" means any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the State of California as a "hazardous waste" as defined in 40 C.F.R. 261.1 through 261.33, except that for purposes of this Chapter, hazardous waste also shall include household waste as defined in 40 C.F.R. § 261.4(6)(1). "Hearing Officer" means the individual appointed by the City Manager of the City of Ukiah to hear the appeal on a determination of the existence of a nuisance. "Noxious" means hurtful or unwholesome "Odor" means any smell, scent, or fragrance. "Owner" means any person, agent, firm or corporation having legal or equitable interest in the property, as disclosed by a current title search from any accredited title company, and shall include any person in possession of the property. "Premises" means any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas. "Property" means any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement. "Refuse" means any putrescible and nonputrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish. "Stagnant water" means water which is allowed to become stagnant contained in ditches, pools, excavations, holes, depressions, open cesspools, privy vaults, fountains, open cisterns, open tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes, bottles, tubs, buckets, vessels, receptacles of any kind or other containers or devices which may hold water. "Unmerchantable" means unsalable "Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a highway, or upon water, excepting a device moved exclusively by human power, or used exclusively upon stationary rails or tracks. "Violator" means any responsible party, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property. "Waste matter" means any rubbish or construction waste . "Weeds" means useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth. 3 3452: DECLARATION OF NUISANCES. It is unlawful and is hereby declared a nuisance for any person owning, leasing, occupying or having charge or possession of any Property and any vehicles thereon, in the City to maintain the Property in such a manner that any of the following conditions are present: A. The existence of any garbage, rubbish, refuse or waste matter upon the premises contrary to the provisions of Article 2, Chapter 5, Division 4 of the Ukiah City Code. B. Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet, or other household fixture or equipment visible from a public right-of-way. C. The existence of any abandoned, wrecked, dismantled or inoperative motor vehicle upon the premises contrary to the provisions of Chapter 9, Division 8 of the Ukiah City Code. D. The outdoor storage of personal property on private property visible from the public right of way or adjacent property as follows: 1. Any furniture, whether designed for indoor or outdoor use, which is in dilapidated condition and would be offensive to the senses of a person of ordinary sensitivity or a significant percentage of owners or residents in the neighborhood; upholstered furniture where the original or replacement upholstery is torn, tattered, or soiled to the degree that it substantially detracts from the aesthetic and property values of neighboring properties; mattresses and box springs; any other personal property not designed for outdoor use that is not in good working order or is stored or maintained in such a way that it substantially detracts from the aesthetic and property values of neighboring properties; and 2. The existence of any junk, trash, refuse, construction waste or household appliances including washers, dryers, water heaters, commercial/industrial machinery and/or equipment (whether operable or inoperable); and 3. Any items or conditions, including those visible from neighboring properties, which provide a harborage for rats and/or other vermin, or create any other potential health hazard or nuisance. E. The outdoor storage of personal property on public property, including any public street, sidewalk, parking lot, public park, parkway, median or greenbelt or other public area, whether improved or unimproved, except with the consent and approval of the City. Any personal property stored, maintained, placed or abandoned in violation of this section may be removed and discarded at the discretion of the Public Works Director or his designee. F. Any dangerous or substandard building, whether or not occupied, abandoned, boarded-up or partially destroyed, contrary to the provisions of the California Fire Code, California Building Code, California Housing Code, and/or California Code for Abatement of Dangerous Buildings. 4 G. The existence of loud or unusual noises, or foul or noxious odors which offend the peace and quiet enjoyment of persons of ordinary sensibilities and which interferes with the comfortable enjoyment of life or property and affect the entire neighborhood or any considerable number of persons. H. The existence of hazardous substances and waste unlawfully released, discharged, or deposited upon any premises or onto any City property. 1. The existence of any stagnant water that poses a health risk or water contained in hazardous and/or unmaintained swimming or other pools on private property which obscure required visibility and proper filtering. J. Any attractive nuisance. K. Any other condition which is contrary to the public peace, health and safety. 3453: SUMMARY ABATEMENT. In cases where a public nuisance poses a serious and imminent threat to public health or safety, such that during the time required to provide prior notice and an opportunity for a hearing, a significant risk of serious personal injury or substantial property damage exists, the Building Official or the Code Compliance Manager, or their designees, shall have the authority to immediately abate or call a contractor to abate such public nuisance. Any such abatement activity may be conducted without observance of any notice requirements described in this Chapter; provided, however, that in the absence of consent from the owner, the City shall obtain an inspection and/or abatement warrant' prior to entering upon the property and abating the nuisance. The City may recover all abatement costs as set forth in this Chapter. 3454: METHOD OF GIVING NOTICE. A. Any notice required by this Chapter may be served in any one of the following methods: (1) by personal service on the owner, occupant, or person in charge or control of the property; or (2) if the owner cannot be located in the exercise of reasonable diligence, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the City pursuant to Government Code Section 6062.; or (3) by mailing the notice by first class U.S. Mail to the address shown on the last available assessment roll, or as otherwise known; or (4) publication of a legal advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City of Ukiah. 'See, e.g., Cal. Code Civ. Proc. §1822.50 et seq. 5 B. Notice deemed served as follows: (1) if served pursuant to A(1), upon receipt; (2) if served pursuant to A(2), at the expiration of the time required for posting and publication; weekly notice. (3) if served pursuant to A(3), 48 hours after deposit in the U.S. Mail; or (4) if served pursuant to A(4), 24 hours after publication of the second 3455: DETERMINATION OF NUISANCE. A. The Code Enforcement Manager may determine that any premises within the City may constitute a public nuisance pursuant to any provisions of Section 3452 and may initiate abatement proceedings pursuant to this Chapter. The Code Compliance Manager or the authorized representative thereof shall set forth such determination in a notice to abate which shall identify the premises and state the conditions which may constitute the nuisance and shall require that such conditions be corrected within such time periods set forth in the notice to abate. B. The notice to abate to the owner or person in control or charge of the property shall include (1) the condition or conditions on the premises creating the nuisance; (2) a description of the actions required to abate the nuisance; (2) a reasonable time limit to abate the nuisance; and (4) notice of the right to appeal, if filed within ten (10) calendar days of the date the notice is served. The notice shall direct the abatement of the nuisance and refer to this Chapter for particulars. C. Failure of the owner to accept or otherwise receive such notice shall not affect the validity of any proceeding pursuant to this Chapter, except as otherwise required by law. 3456: APPEAL. A. Within ten days from the date of giving notice to abate, the violator may file a appeal of the determination of the nuisance with the Code Compliance Manager. Such appeal shall be in writing and shall identify the property subject to the Notice to Abate. The Code Compliance Manager shall then cause the matter to be set for hearing before a Hearing Officer appointed by the City to hear such matters. The Hearing Officer shall be qualified by training, education and/or experience to conduct the hearing and shall be impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no personal or business relationship to the property owner or the City. B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Compliance Manager. C. At the time fixed in the notice, the Hearing Officer shall receive evidence, including the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. 6 D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance exists, and if the Hearing Officer so concludes, he or she may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the Hearing Officer's order. The Hearing Officer may grant additional time to abate the nuisance, if in his or her opinion, good cause for additional time exists. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 as such section may be amended from time to time. 3457: TIME LIMIT FOR COMPLIANCE. The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such longer period as may be determined by the Hearing Officer. Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance. 3458: ABATEMENT BY CITY. A. If the nuisance is not abated by the violator within the time limits set forth above in Section 3457, the City, by its employees or any hired contractor, may cause the nuisance to be abated. 3459: REPORT OF ABATEMENT COSTS. A. The Code Compliance Manager shall thereafter cause a report of the action and an accurate account of the costs to be filed with the City Clerk of the City of Ukiah. B. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 3462. If the cost is not protested within ten calendar days after service, it shall be deemed final. 3460: RECOVERY OF ATTORNEYS' FEES AND REPORT OF ATTORNEYS' FEES. In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys' fees. The recovery of attorneys' fees by the prevailing party shall be limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. The City Attorney's Office shall thereafter cause a report of the action and an accurate account of costs to be filed with the City Clerk of the City of Ukiah. 3461: TREBLE DAMAGES. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in 7 accordance with this Chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, related to substandard buildings, the court may order the owner to pay treble the costs of the abatement. 3462: PROTEST OF ABATEMENT COSTS. A. The property owner may protest the cost of abatement by filing a written request for a hearing on the abatement costs with the Code Compliance Manager, and the Code Compliance Manager shall cause a Hearing Officer to be appointed to hear the protest. At the time fixed for the hearing on the statement of abatement costs, the Hearing Officer shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. B. The Hearing Officer may revise, correct or modify the statement as the Hearing Officer considers just and thereafter shall confirm the cost. C. The decision of the Hearing Officer shall be in writing and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. D. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as it may be amended from time to time. 3463: COUNCIL ACTION. A. If the property owner does not pay the cost of abating the nuisance within thirty calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. B. The City Council shall adopt a resolution assessing such unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3464: IMPOSITION OF SPECIAL ASSESSMENT LIEN AND NOTICE. A. The City Clerk shall prepare and file with the County Auditor a certified copy of the resolution of the City Council assessing the costs of abatement as a lien on the land, adopted pursuant to the preceding section. B. Notice of lien shall be mailed by certified mail to the property owner, if the property owner's identity can be determined from the County Assessor's or County Recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. The Tax Collector's power of sale shall not be affected by the failure of the property owner to receive notice. 8 C. The County Auditor shall enter each assessment on the County tax roll upon the parcel of land. The assessment shall be collected at the same time and in the same manner as ad valorem real property taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. 3465: RECORDING OF NUISANCE ABATEMENT LIEN. As an additional remedy, the Code Compliance Manager may cause a nuisance abatement lien for costs related to abatements, other than dangerous building abatements, to be recorded with the Mendocino County Recorder's Office, in accordance with the procedures specified in Government Code Section 38773.1. As required by Section 37773. 1, prior to recording the lien, notice of the proposed lien shall be given to the property owner as provided in Section 3454(a)(1) or (2). 3466: COLLECTION OF COSTS AND ATTORNEY'S FEES PRIOR TO HEARING. The Finance Department of the City may accept payment of any amount due at any time prior to the filing of a certified copy of the City Council resolution assessing the abatement costs with the County Auditor. 3467: ALTERNATIVE REMEDIES. The procedures established in this Chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code or applicable state codes and the use of this Chapter shall be at the sole discretion of the City. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 9 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on , 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mary Anne Landis, Mayor ATTEST: JoAnne Currie, City Clerk 10 C,iey a --Z-1F` ah ITEM NO.: 7d MEETING DATE: AGENDA SUMMARY REPORT February 1, 2012 SUBJECT: APPROVE AND AUTHORIZE CITY MANAGER TO SIGN ASSIGNMENT, NOVATION AND CONSENT AGREEMENT WITH GHD, INC (FORMERLY WINZLER & KELLY) FOR CITY OF UKIAH CONTRACTS Background: On October 4, 2011 Winzler & Kelly merged with GHD, Inc. Discussion: As part of their merger, all existing contracts between the City of Ukiah and Winzier & Kelly need to be transferred to GHD, Inc. City staff was contacted to assist in this process. A draft Assignment, Novation and Consent Agreement was received and forwarded to the City Attorney for review and edits. A couple of minor changes were suggested and approved by GHD, Inc. At this time staff is requesting City Council approve and authorize the City Manager to sign the final Assignment, Novation and Consent agreements so that Winzler & Kelly will have the legal authority to transfer the existing City of Ukiah contracts to GHD, Inc. that include: 1) Sanitary Sewer Master Plan 2) Nitrate Reduction Study 3) Copper Implementation Plan 4) Engineering Services for Water and Sewer Enterprise 5) Perkins Right Turn Lane Engineering Services Fiscal Impact: Budgeted FY 11/12 ❑ New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Recommended Action(s): Approve and authorize City Manager to sign assignment, novation and consent agreement with GHD, Inc (formerly Winzier & Kelly) Alternative Council Option(s): N/A Citizens advised: Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Jarod Thiele, Public Works Administration Coordinated with: Jane Chambers, City Manager; David Rapport, City Attorney; Sage Sangiacomo, Assistant City Manager Attachments: Letter from GHD. Inc. dated 1/6/2012 J Approved: it Z J;an'e Chambers, City Manager ATTACHMENT. ' l , 06 January 2012 RECEIVED Mr. Jarod Thiele Public Works Administration JAN 1 1202 City of Ukiah CITY OF UKIAH 300 Seminary Avenue DEPT. OF PUBLIC WORKS Ukiah, CA 95482 Dear Jarod, lam writing to inform you that Winzler & Kelly's merger with GHD Inc. has been completed and we are now GHD Inc., a California Corporation. On October 4, 2011 Winzler & Kelly became part of the GHD Global family of companies and as of January 1, 2012 we have completed. the final steps of the process. With this merger, the City of Ukiah will have access to an international network of engineers, architects and environmental scientists while still enjoying the high quality service and attention you've received locally for the past 60 years through Winzler & Kelly. For existing projects you'will continue to be served by the same team of professionals that you have been working with under our current agreement(s). However, there are some changes that are necessitated by our merger including the following: ► Assignment, Novation and Consent Agreements ► Insurance Certificates ► IRS Form W-9 ► New name and logo Attached are completed Assignment, Novation and Consent agreements, signed by Winzler & Kelly and by GHD Inc. These forms have been customized to reflect changes requested by the City. We have prepared a form for each open agreement that we have with the City. Please execute each and then return completed copies to me for our files. These enclosed agreements provide for the legal transfer of control from Winzler & Kelly (assignor) to GHD Inc. (assignee). We have also arranged for you to receive updated insurance certificates from our new carrier ACE. We are providing the same coverage we had as Winzler & Kelly and, in accordance with the terms of our agreement, there will be no lapse in coverage. Our invoices will remain in the same format that you are accustomed to, the only change being our new name and logo. The first invoice sent after January 16t will include all information needed for IRS Form W-9. If you need us to send a completed W-9 form please let me know; otherwise we will assume the information provided is adequate for your use. And lastly, going forward we are legally GHD Inc. and we will no longer use Winzler & Kelly in our correspondence with clients. I encourage you to change our name and my email address within your contact databases to reflect this change. We will be able to receive emails and postal deliveries as Winzler & Kelly for a period of time but eventually that will cease to occur. If there is anything we can do on our end to assist with this process please let us know. GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 5231010 F 1707 527 8679 E santarosa@ghd.com W www.ghd.com D We appreciate your business and look forward to working with you as GHD Inc] Yours sincerely GHD Inc. Mary Grace Pawson, PE Senior Project Manager Marvarace.ioawson aMOd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com 2 City OV- ITEM NO.: 12a MEETING DATE: AGENDA SUMMARY REPORT February 1, 2012 SUBJECT: Consideration And Action To Approve A Ballot Argument Regarding The Measure To Make The Office Of City Treasurer Appointive Or Remain Elective Background: At the January 4, 2012, City Council meeting, the Council adopted a resolution calling for a special election June 5, 2012 and placing a measure on the ballot. The resolution states City Council shall file ballot arguments in favor of the ballot measure. The fixed time for submission of arguments on the measure is 5:00 pm, February 13, 2012. Arguments cannot exceed 300 words. Discussion: Discuss the ballot measure argument, amend if desired, and approve argument in favor of measure. If approved, argument would become an exhibit to Resolution 2012-03, which called for the special election. Fiscal Impact: Budget Amendment Required F-1 Budgeted FY 11/12 F-1 New Appropriation ❑X Not Applicable F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $ $ Recommended Action(s): Discuss and approve ballot measure argument in favor of the measure as exhibit B to Resolution 2012-03. Alternative Council Option(s): Authorize the Mayor to write a ballot argument and sign on behalf of City Council. Citizens advised: None Requested by: City Treasurer Carter Prepared by: City Clerk Currie and Finance Director Elton Coordinated with: City Treasurer Carter and City Manager Chambers Attachments: Resolution 2012-03 calling for election Proposed Resolution Exhibit B Approved: =v.~. Ja ambers, City Manager ATTACHMENT RESOLUTION NO. 2012-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING A SPECIAL ELECTION, CONSOLIDATING THE SPECIAL ELECTION WITH THE PRESIDENTIAL PRIMARY ELECTION, APPROVING AN AGREEMENT TO PROVIDE ELECTION SERVICES, PRESENTING BALLOT MEASURES TO MAKE THE CITY TREASURER POSITION APPOINTIVE RATHER THAN ELECTIVE, TRANSMITTING MEASURES TO CITY ATORNEY FOR IMPARTIAL ANALYSIS AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES WHEREAS, 1. The City Council of the City of Ukiah has determined pursuant to Elections Code Section 2560 to call a Special Election for June 5, 2012, to consolidate the Municipal Election with the Presidential Primary and to contract with the County of Mendocino to conduct the election on the City's behalf; and 2. The City Council has determined to present a proposition at the Special Elecdtion to make the City treasurer position appointive rather than elective; NOW, THEREFORE, BE IT RESOLVED that 1. A Special Municipal Election in the City of Ukiah is called for June 5, 2012. 2. The Special Election is consolidated with the Presidential Primary for 2012. 3. The Mayor is authorized to sign on behalf of the City, the Agreement between the City of Ukiah and Mendocino County for Election Services, an unsigned copy of which is incorporated herein as Exhibit A. 4. The following ballot proposition shall be presented to the voters at the special election: MEASURE _ Shall the office of City Treasurer be appointive? / /Yes / /No 5. The City Clerk shall transmit a copy of the ballot measure set forth in Paragraph 4 to the City Attorney for the preparation of an impartial analysis as required by the Elections Code Section 5011. 6. The City Coucil shall file ballot arguments in favor of the ballot measure set forth in Paragraph 4. If any argument is submitted in opposition to the measure, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections Code Section 5014.5. Page 1 of 2 PASSED AND ADOPTED on the 4th day of January, 2012 by the following roll call vote: AYES: Councilmembers Thomas, Crane, Rodin, Baldwin, and Mayor Landis NOES: None ABSTAIN: None ABSENT: None Mary Anp,6 ~d'nais, Mayor A ~10D.k - - f0 OAAAP,104-k J Anne M. Currie, City Clerk Resolution 2012-03 Page 2 of 2 EXHIBIT A AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, a special Municipal Election has been set for June 5, 2012, the same day as the Presidential Primary Election, and the City Council of the City of Ukiah desires that the County Clerk shall conduct the election of June 5, 2012, for any ballot measures submitted to the Board of Supervisors with request for consolidation at least 88 days before the election. NOW, THEREFORE, the City of Ukiah and County of Mendocino agree as follows: 1. The County Clerk shall provide the following services in connection with conducting the June 5, 2012 special municipal election on the City's behalf: a. Establish precinct boundaries to coincide with Statewide Election; b. Designate polling places and appoint election officers; C. Notify election officers of their appointment and instruct inspectors concerning their duties; d. Appoint and pay election officers; e. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up voting booths; f. Publish lists of precincts, election officers, polling places and hours polls will be open; g. Provide sample ballots to each voter; h. Receive absent voter applications; supply absent voter ballots to applicants; accept absent voter ballot returns; retain custody of absent voter ballots; and count absent voter ballots; and i. Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council. Page 1 of 2 EXHIBIT A 2. The City Clerk of the City of Ukiah shall be responsible for: a. All functions of the City Clerk relative to arguments concerning City measures as set forth in Elections Code Section 9202, et seg., including filing and accepting notices required; b. Publication of the Notice of Election; 3. In consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual and reasonable costs fairly attributable to the City's municipal election as billed by the County Clerk. 4. Payment for services due under this agreement shall be made after billing is submitted by the County of Mendocino. Dated: 1-Z/ 12 Dated: CITY OF UKIAH, CALIFORNIA By r ayor Ma Anne Landis ATTEST: By: P v nne Currie, City Clerk Election: County Agreement 2012 Election BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA BV: Chairman of the Board ATTEST: By: Carmel Angelo, Clerk of the Board Page 2 of 2 ~1 TJ'~~3 rt~~ NT z ARGUMENT IN FAVOR OF MEASURE Voting YES on Measure will make the position of City Treasurer an appointed, rather than an elected, position. In the past, many cities had an elected City Treasurer and this individual performed a variety of duties. However, as a city and its budget grow and become more complex, demands on the position become complex and increasingly technical. Effective financial management currently requires professional skills and expertise in areas such as electronic banking, municipal fund accounting, government reporting requirements, investment regulations, and debt management. With the elective process, the only qualifications that can be required of an elected city treasurer by law are residency and age. Poor performance by an elected official can only be addressed through a recall process. Delegating an elected City Treasurer's duties to a city staff member will not significantly increase staff duties or lessen the City's obligation to be accountable to its citizens. Any citizen has the right, under the Public Records Act, to inspect the city's records at any time. Every year the budget is presented in a public workshop forum. The budget itself is available to any member of the public who wishes to examine it. Reports of investments are available to the public and are reported at City Council meetings. The City is audited regularly by an independent auditor. These checks and balances remove the need for an elected City Treasurer. The elected Treasurer currently receives approximately $10,353 a year in salary and benefits. Therefore, elimination of this position would lead to an annual savings in that amount. It is time to join the majority of California cities and move to a more efficient government consolidating the position with existing staff without increasing costs. Our current City Treasurer endorses this measure. c-idy qj 41k'}afi ITEM NO.: 13a MEETING DATE: February 1St, 2012 AGENDA SUMMARY REPORT SUBJECT: ACCEPT A MENDOCINO PUBLIC SAFETY FOUNDATION DONATION OF $12,000, ACCEPT MATCHING DONATIONS FROM THE FORT BRAGG AND WILLITS POLICE DEPARTMENTS OF $5,000 PER DEPARTMENT, AND AUTHORIZE THE PURCHASE OF A LAW ENFORCEMENT TACTICAL ROBOT FROM ROBOTEX, INC., IN THE AMOUNT OF $27,112.86. Background: The Mendocino Public Safety Foundation was organized in 2011 to raise private funds to assist local law enforcement within Mendocino County. The Foundation is especially interested in helping departments acquire equipment and supplies that will increase the safety and effectiveness of sheriff deputies and city police officers. Following the Foundation's kick-off funding drive, the Foundation solicited grant requests from both the Mendocino County Sheriff's Office, and the three City Police Departments - Fort Bragg, Ukiah and Willits. In January of 2012, the Foundation elected to make their first financial awards to the departments, providing $4,000 to the Mendocino County Sheriff's Office to assist in the purchase of a tracking bloodhound, and $12,000 to the Cities of Fort Bragg, Ukiah and Willits, for the purchase of a law enforcement tactical robot. Discussion: In 2010, the Police Chief's and Sheriff began to research the possibility of purchasing a remote controlled robot, for the purposes of inspecting dangerous situations without placing emergency responders in dangerous situations. Robots have become a common tool and resource for bomb technicians, hazardous material technicians, and law enforcement personnel, as a device to safely conduct remote visual and chemical sensor inspections of dangerous situations without putting personnel at risk. Although these robots have become increasingly more useful, and important in these situations, their price can become cost prohibitive for law enforcement, and hazardous material responders. Staff found these robots could range in price between $80,000 and $27,000 depending on vendor and options. After extensive research into robots in 2010, the Police Chiefs and Sheriff declined to continue work towards a purchase of a robot because of unfunded costs associated with the purchase. Recommended Action(s): Accept donations from the Mendocino Public Safety Foundation in the amount of $12,000, Fort Bragg and Willits Police Departments in the amount of $10,000 and the purchase of a robot from Robotex in the amount of $27,112.86. Alternative Council Option(s): Provide Staff with Alternative action Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety, Darren Wojcieszak, Captain Coordinated with: Jane Chambers, City Manager Attachments: Product Description and Photos. Approved: ne Chambers, City Manager ACCEPT A MENDOCINO PUBLIC SAFETY FOUNDATION DONATION OF $12,000, ACCEPT MATCHING DONATIONS FROM THE FORT BRAGG AND WILLITS POLICE DEPARTMENTS OF $5,000 PER DEPARTMENT, AND AUTHORIZE THE PURCHASE OF A POLICE ROBOT FROM ROBOTEX, INC., IN THE AMOUNT OF $27,112.86 Page 2 Discussion Continued: Following the announcement of the Mendocino Public Safety Foundation solicitation for grant proposals, staff worked with the Police Chiefs of Fort Bragg and Willits, and prepared a grant proposal for the purchase of a remote controlled robot with remote daylight and night time cameras, remote audio listening and remote speaker, an arm to open doors and pick-up suspicious materials, a hazardous gas detector, and a radiation detector. The Mendocino Public Safety Foundation approved funding $12,000 dollars towards the purchase of the robot, with $5,000 coming from Fort Bragg Police Department, $5,000 coming from Willits Police Department. Staff desires the remaining $5,112.86 for the purchase to be authorized from Ukiah Police Department Asset Forfeiture Fund 200.2001.800.000. This robot will be made available to all first responders (law enforcement, hazardous materials responders, and fire personnel) within Mendocino County, and will be inventoried within the County's mutual aid system. Bidding Requirements: Staff sought bids for the purchase of the robot, and found only two companies that could meet the needs of the Police Departments; iRobot and Robotex. Each company's platform is nearly identical with slightly different features. Vendor Extended Price (including tax & shipping) iRobot $66,829.00 Robotex $27,112.86 Fiscal Impact: Budgeted FY 11/12 1-1 New Appropriation Not Applicable X❑ Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested 0 0 0 Mendocino Public Safety Foundation 200.0500.455.000 12,000 (revenue) Fort Bragg Police Department Willits Police Department 200.0500.455.000 5,000 (revenue) 200.0500.455.000 5,000 (revenue) 0 Ukiah Asset Forfeiture Account Recommendations: 200.2001.800.000 27,112.86 (expense) Staff recommends accepting the Mendocino Public Safety Foundation grant of $12,000, matching $5,000 dollar contributions from Fort Bragg Police Department, and Willits Police Department, and authorizing the expenditure of $5,117.86 from Ukiah Police Department fund 200.2001.800.000 for the purchase of a police robot from Robotex, Inc. hl 1/yV II IVI L-jN 1 I 5 ITEM NO.: 13b MEETING DATE: February 1, 2012 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE SOLE SOURCE CONTRACT FOR PURCHASE OF DISPATCH "CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM" INTERFACE SOFTWARE FROM VISIONAIR, INC. IN THE AMOUNT NOT TO EXCEED $30,840.00 PLUS APPLICABLE SALES TAXES AND SHIPPING. Background: The California Department of Justice maintains the "California Law Enforcement Telecommunications System" (CLETS) for use by law enforcement agencies. The CLETS system provides our department access to DMV information, warrant information, missing person information, criminal history information and other law enforcement sensitive computer information, and allows our dispatch staff to directly input and update each of these information systems. Access to these computer systems has historically been provided by the Mendocino County Sheriff's Office computer system. This system does not interface directly with the Ukiah Police Department Computer Aided Dispatching System. Discussion: To use the CLETS system, Dispatchers toggle between the County system and the UPD Computer Aided Dispatching System. Toggling between the two computer systems increases response time for the dispatch staff, and creates the possibility of errors in reporting information. In addition, information from the CLETS system must be typed manually into the Ukiah Police Department computer system, which creates the possibility of transition errors, transposing information, and adds to work load. Until recently, it was not possible to purchase software which interfaces directly with the department's Computer Aided Dispatch software. The Department's software vendor now does provide direct interface software for our Computer Aided Dispatch program to the CLETS programs. Recommended Action(s): Authorize the sole source purchase of CLETS interface software from VisionAir in the amount of $30,840.00, plus applicable taxes and shipping from Asset Forfeiture Account 200.2001.800.000 Alternative Council Option(s): Provide staff with alternative direction Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: Approved: J, r} Chambers, City Manager Authorize the sole source purchase of CLETS interface software from VisionAir Inc., in the amount of $30,840.00, plus applicable taxes and shipping from Asset Forfeiture Account 200.2001.800.000 page 2 To increase functionality, and ease of use, the department began working to obtain CLETS software, which interfaces directly with the Department's Computer Aided Dispatching System. Over the last 6 months, staff has worked closely with the Department of Justice and software provider to obtain permissions from DOJ and test the functionality of the system. With approval from the State of California Department of Justice and testing complete, the department now desires to obtain CLETS interface software from VisionAir Inc. Staff anticipates that the new software will increase efficiency within the Dispatch Center, increase dispatcher response time, and eliminate and prevent mistakes by interfacing directly with the department's current software system. Because this is an unbudgeted expense, staff desires to utilize Law Enforcement Asset Forfeiture funds from account 200.2001.800.000 for this purchase. Recommendations: Authorize staff to make a sole source purchase of CLETS interface software from VisionAir Inc., in the amount of $30,840.00 plus applicable sales taxes and shipping. Fiscal Impact: ❑ Budgeted FY 11/12 ❑ New Appropriation Not Applicable ❑X Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested None Budgeted Asset Forfeiture Fund 200.2001.800.000 $30,840.00 city of Ukiah ITEM NO.: 13c MEETING DATE: AGENDA SUMMARY REPORT February 1, 2012 SUBJECT: Receive The Mayor's Appointments To The Oversight Board Of The Successor Agency To The Ukiah Redevelopment Agency And Approve A Resolution Of The City Council Of The City Of Ukiah, California, Confirming The Mayor's Appointment Of Members To The Redevelopment Dissolution Oversiqht Board. Background: The Community Redevelopment Agency of the City of Ukiah ("Agency") was created by the City Council for the purposes of implementing redevelopment activities in the City. The City Council adopted the Redevelopment Plan for the Ukiah Redevelopment Project in accordance with the Community Redevelopment Law (Health and Safety Code § 33000 et seq.) ("CRL"). The Ukiah Redevelopment Project Area was found to have a significant number of physical and economic blighting conditions that necessitated adoption of the Redevelopment Plan. The Redevelopment Plan authorizes the Agency to receive tax increment revenue to pay for programs and projects that address these conditions consistent with the CRL. In January, 2011, the Governor announced his intent to eliminate redevelopment agencies as a way to help balance the State budget. The Legislature then enacted and the Governor signed Assembly Bill 1X 26 ("AB 1X 26") and Assembly Bill 1X 27 ("AB 1X 27"). These bills took effect on June 29, 2011. AB 1X 26 immediately suspended all new redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1, 2011. AB 1X 27 allowed a city or county that had a redevelopment agency to avoid dissolution by adopting an ordinance agreeing to make specified payments to reduce the State budget deficit. A Petition for Writ of Mandate was filed in the Supreme Court of the State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S194861), challenging the constitutionality of AB 1X 26 and AB 1X 27 on behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement. On August 11, 2011, and August 17, 2011, the Supreme Court stayed portions of AB 1X 26, and stayed AB 1X 27 in its entirety during the pendency of the matter. On December 29, 2011, the Supreme Court issued its final decision in the aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27, and extending all statutory deadlines under AB 1X 26, essentially dissolving all redevelopment agencies throughout the State effective February 1, 2012. Continued on Page 2 Recommended Action(s): Receive the Mayor's appointments to the Oversight Board of the Successor Agency to the Ukiah Redevelopment Agency and approve a Resolution of the City Council of the City of Ukiah, California, confirming the Mayor's appointment of members to the Redevelopment Dissolution Oversight Board. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: N/A Prepared by: Sage Sangiacomo, Assistant City Manager, Guy Mills, Project and Grant Administrator and Iris Yang, RDA Legal Specialist Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: 1. Resolution affirming Mayor's Appointments to the Oversight Board Approved: C Chambers, City Manager Subject: Oversight Board Appointments Meeting Date: February 1, 2012 Page 2 of 2 Discussion: On January 0, 2012, the Ukiah City Council approved Resolutions #2012-04 and #2012- 05 which affirmed the City of Ukiah as the Successor Agency to the Ukiah Redevelopment Agency for both non-housing and housing functions per AB 1X 26. Except for those powers repealed or limited by AB 1X 26, the authority and obligations of the community's dissolved redevelopment agency, along with all of its assets, property, contracts, leases, books and records are transferred to and thereafter vested in the "successor agency." The activities of the City, as successor agency, will be overseen by an oversight board, comprised primarily of representatives of other affected taxing agencies, until such time as the debts of the Agency are paid off, all Agency assets are liquidated and all property taxes are redirected to local taxing agencies. The oversight board will be comprised of seven political appointees from affected local taxing entities and the community, as follows: 1. One member appointed by the county board of supervisors (County of Mendocino); 2. One member appointed by the mayor for the city that created the redevelopment agency; 3. One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the redevelopment agency that is eligible to receive property tax revenues pursuant to Section 34188. (Ukiah Unified School District); 4. One member appointed by the county superintendent of education (Mendocino County Office of Education); 5. One member appointed by the Chancellor of the California Community Colleges (Mendocino College); 6. One member of the public appointed by the county board of supervisors (County of Mendocino); and 7. One member representing the employees of the former redevelopment agency appointed by the mayor, as the case may be, from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time. The Mayor for the City of Ukiah is responsible for selecting two of the seven oversight board members, including the member appointed by the mayor and the member representing the employees of the former redevelopment agency. It is anticipated that Mayor Landis will announce those appointments at the January 30, 2012 Ukiah City Council Meeting. As such, the attached draft resolution (Attachment #1) has been prepared to confirm those appointments. Recommended Action: Receive and confirm the Mayor's appointments to the Oversight Board of the Successor Agency of the Ukiah Redevelopment Agency. Fiscal Impact: Budgeted FY 11/12 F-1 New Appropriation Not Applicable Budget Amendment Required Attachment #1 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, CONFIRMING THE MAYOR'S APPOINTMENT OF MEMBERS TO THE REDEVELOPMENT DISSOLUTION OVERSIGHT BOARD WHEREAS, the City Council of the City of Ukiah ("City") approved and adopted the Redevelopment Plan for the Ukiah Redevelopment Project ("Redevelopment Plan"), covering certain properties within the City (the "Project Area"); and WHEREAS, the Community Redevelopment Agency of the City of Ukiah ("Agency") has been engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et sue.) ("CRL"); and WHEREAS, since adoption of the Redevelopment Plan the Agency has undertaken redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private industries to create jobs and expand the local economy; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted, and the Governor signed, companion bills AB 1 X 26 and AB 1 X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; and WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S 194861), challenging the constitutionality of AB IX 26 and AB IX 27 on behalf of cities, counties and redevelopment agencies; and WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in the aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27, and extending all statutory deadlines under AB 1X 26, essentially dissolving all redevelopment agencies throughout the State effective February 1, 2012; and WHEREAS, AB 1 X 26 provides that successor agencies be designated as successor entities to the former redevelopment agencies, and provides that, with certain exceptions, all authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies, under the CRL, are vested in the successor agencies; and 82661.00001\7213630.1 1 WHEREAS, on January 9, 2012, the City Council adopted Resolution No. 2012-04 electing to serve as the successor agency to the former Agency; and WHEREAS, AB 1 X 26 further provides that the successor agency's activities are subject to review and approval by an oversight board ("Oversight Board"), which shall be created for each dissolved redevelopment agency; and WHEREAS, the Oversight Board is to be comprised of seven political appointees from affected local taxing entities and the community that established the redevelopment agency, including one member to be appointed by the Mayor for the city that formed the redevelopment agency, and one member to be appointed by the Mayor representing the employees of the former redevelopment agency; and WHEREAS, at its meeting of January 30, 2012, the Mayor of the City of Ukiah announced the appointment of to serve as the Mayor's representative to the Oversight Board, and to serve as the representative for the employees of the former Agency; and WHEREAS, the Council desires to confirm the Mayor's appointments to the Oversight Board; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Confirmation of Mayoral Appointments. The City Council hereby confirms the Mayor's appointment of to serve as the Mayor's representative to the Oversight Board, and to serve as the representative for the employees of the former Agency. Section 3. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and execute any documents necessary to carry out the purposes of this Resolution, including but not limited to notifying the Mendocino County Auditor-Controller, the Controller of the State of California, and the California Department of Finance providing notice of the adoption of this Resolution and the Mayor's appointment of the above-named representatives to the Oversight Board, in accordance with AB 1X 26. Section 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby 82661.00001\7213630.1 2 declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution. Section 6. Effective Date. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council on the 1 st day of February, 2012, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: JoAnne M. Currie, City Clerk Mary Anne Landis, Mayor 82661.00001\7213630.1 3 City -f'T Jkjah CITY ITEM NO.: 14a MEETING DATE: February 1, 2012 OF UKIAH AS THE SUCCESSOR AGENCY FOR UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: APPROVE AND AUTHORIZE CITY MANAGER TO SIGN ASSIGNMENT, NOVATION AND CONSENT AGREEMENT WITH GHD, INC (FORMERLY WINZLER & KELLY) FOR REDEVELOPMENT CONTRACTS AS THE SUCCESSOR AGENCY FOR THE UKIAH REDEVELOPMENT AGENCY Background: On October 4, 2011 Winzler & Kelly merged with GHD, Inc. Discussion: As part of their merger, all existing contracts between the Ukiah Redevelopment Agency and Winzler & Kelly need to be transferred to GHD, Inc. City staff was contacted to assist in this process. A draft Assignment, Novation and Consent Agreement was received and forwarded to the City Attorney for review and edits. A couple of minor changes were suggested and approved by GHD, Inc. At this time staff is requesting City Council approve and authorize the City Manager to sign the final Assignment, Novation and Consent agreements so that Winzler & Kelly will have the legal authority to transfer the existing Ukiah Redevelopment Agency's contracts to GHD, Inc. that include: 1) Transportation Improvements for Redwood Business Park 2) Doolin Creek LOMR Fiscal Impact: Budget Amendment Required H Budgeted FY 11/12 F-1 New Appropriation Fx-1 Not Applicable F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Recommended Action(s): Approve and authorize City Manager to sign Assignment, Novation and Consent Agreement with GHD, Inc (formerly Winzler & Kelly) for Redevelopment Contracts as the Successor Agency for the Ukiah Redevelopment Agency Alternative Council Option(s): N/A Citizens advised: Requested by: Prepared by: Jarod Thiele, Public Works Administration Coordinated with: Jane Chambers, City Manager; David Rapport, City Attorney; Sage Sangiacomo, Assistant City Manager Attachments: Letter from GHD, Inc. dated 1/6/2012 Approved: fF , ///e JaAv'Chambers, City Manager !1 PRIMS Ii 06 January 2012 Mr. Jarod Thiele Public Works Administration City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Jarod, ATTACHMENT i RECEIVED JAN 112012 CITY OF UKIAH DEPT. OF PUBLIC WORKS lam writing to inform you that Winzler & Kelly's merger with GHD Inc. has been completed and we are now GHD Inc., a California Corporation. On October 4, 2011 Winzler & Kelly became part of the GHD Global family of companies and as of January 1, 2012 we have completed. the final steps of the process. With this merger, the City of Ukiah will have access to an international network of engineers, architects and environmental scientists while still enjoying the high quality service and attention you've received locally for the past 60 years through Winzler & Kelly. For existing projects you'will continue to be served by the same team of professionals that you have been working with under our current agreement(s). However, there are some changes that are necessitated by our merger including the following: Assignment, Novation and Consent Agreements P Insurance Certificates ) IRS Form W-9 P New name and logo Attached are completed Assignment, Novation and Consent agreements, signed by Winzler & Kelly and by GHD Inc. These forms have been customized to reflect changes requested by the City. We have prepared a form for each open agreement that we have with the City. Please execute each and then return completed copies to me for our files. These enclosed agreements provide for the legal transfer of control from Winzler & Kelly (assignor) to GHD Inc. (assignee). We have also arranged for you to receive updated insurance certificates from our new carrier ACE. We are providing the same coverage we had as Winzler & Kelly and, in accordance with the terms of our agreement, there will be no lapse in coverage. Our invoices will remain in the same format that you are accustomed to, the only change being our new name and logo. The first invoice sent after January 1St will include all information needed for IRS Form W-9. If you need us to send a completed W-9 form please let me know; otherwise we will assume the information provided is adequate for your use. And lastly, going forward we are legally GHD Inc. and we will no longer use Winzler & Kelly in our correspondence with clients. I encourage you to change our name and my email address within your contact databases to reflect this change. We will be able to receive emails and postal deliveries as Winzler & Kelly for a period of time but eventually that will cease to occur. If there is anything we can do on our end to assist with this process please let us know. GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1707523 1010 F1 707 527 8679 E santerosa@ghd,comWwww.ghd.com D ( -5 We appreciate your business and look forward to working with you as GHD Inc.! Yours sincerely GHD Inc. Mary Grace Pawson, PE Senior Project Manager M a rys ra ce. o aws o n (a) q h d. co m GHQ Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com