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HomeMy WebLinkAbout2002-02-20 PacketITEM NO. 3a DATE: February 20, 2002 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY UKIAH HIGH SCHOOL ADVANCED ART CLASS REGARDING CONCEPTUAL SKATEPARK DESIGN Staff has received a request from Ms. Joann Skywatcher of Ukiah High School to present a class project to the City Council. Ms. Skywatcher is an art teacher at the High School and coordinator for the "Schools and Business in Partnership to Promote Student Success in School and in Life" Program. This program requires students to deal with real life problems which adults have not been able to resolve. The problem this class chose was to design a skatepark for Ukiah. The students have been working on the project since November and have developed a power point presentation which includes a skatepark design, benefits of a skatepark, operation guidelines, and public survey results. RECOMMENDED ACTION: Receive presentation from Ukiah High School Class ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Presenter Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager None LD/ZIP1 Candace Horsley, City I~anager Art Class. Asr WtIEHEAS, the City o£ Ukiah has receiveda California HELea£grant, donations, and other funding to pIant trees throughout the community~, and cnergy consumption, improving air quality! and enhancing the acsthetics of our commun~, and ~umerous in~'vidual volunteers anJ members of Mcn~ocino County HELea~ thc Shade cre~v~ dead by the ine~austi~Je Jennifer ~use6 have or ~vi/I p[ant more than 5~0 trees ~ Todd ~[aza, the ~egionaI~?por~ and ~e ~'~c ~enre6' and This el~orr ~ in ~e best tradition o/thar great AmeriCan Hero, Johnn~ App/esee~ ~vhose IcgcnJ ~v~ to forest the countr~iJe and espouse thc benefit' of tree~ ~vhose Icaves and ~o~vers deIi~ht chiidren and aduI~' aIi~'e throughout each se~on of the yeau and The ~uiu of these IocalIabors of Iove ,vilI be the ~rccnin~ anJHo~v~in~ o[ U~'iah, ~pirin~ Ci~ CounciImembers, PhiI ~aId~vin, ~ y Libb~ Roy Smith, anJ Eric farson, ail Ci~ of Ul'iah for your stead/astness on ~e~aI/o[the enn?e community and thanX~ you ~or rout "Can Do" atn~u~e in pIantin~ 1o ' these many trees throughout U~'~h and ~surin~ a l~acy o[shaJe and beauty ~v~h~ thc Ukiah vaIlcy. MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, January 16, 2002 4a The Ukiah City Council met at a Regular Meeting on January 16, 2002, the notic~ had been legally noticed and posted, at 6:04 p.m. in the Civic Center 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Libby, Baldwin, and present: Community Services Director DeKnoblough, Interim Fir Manager/Budget Officer Harris, City Manager Horsley, City Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegian SPECIAL PRESENTATION (REMIF) City Manager Horsley introduced Jeff Davis, Insurance Fund (REMIF), who would present to the City Council. Jeff Davis, General ger fo~ resources, to belong to a joint p~ management, safety oversigl wise. Currently there are to REMIF. He explained that was expanded to all lines of cow handling. He advised that the City procedures. He ;d to discuss a comprehe and auto auto ical damage, flood cc e. In closi he discussed '~EMIF, advised that the 'ity that handles its cli sk transferenc~ ~er citic U currently of cities. So not for following Staff ik ~e Redwood Empire IF's annual report to pool its ss coverage, risk very timely and cities belonging very successful since it includir management and claims been g good risk management of Ukiah's insurance coverage that includes 'kers' Compensation, property, fidelity, aircraft, and earthquake and services provided by REMIF. regarding skate parks, Mr. Davis advised that ~ne temporary skate park within the REMIF group have been experienced by the current JPA, however, other He explained that good practices are in place that reduce Special Mayor to the offi¢ This incide~ Ukiah Police Officer Shooting ,stated, "On behalf of the City Council, I would like to express our sympathy his family for the senseless act of violence that occurred on Saturday. nly underscores the real danger our officers face on a daily basis while freedoms. The Council truly appreciates their efforts and wants to express concern, and we are absolutely committed to apprehending this individual that there is full prosecution." 3. ' ...... PRESENTATIONS Regular Meeting - Ukiah City Council January 16, 2002 Page 1 of 27 3a. Presentation by Paula Whealen Regarding Water Hydrology Studies and Water Issues City Manager Horsley introduced that Paula Whealen, Principal Water Rights Specialist and Nicholas Bonsignore, Principal Design Engineer with Wagner & Bonsig=~e=~ in Paula Whealen, Principal Water Rights Specialist, explained that she h~ working'''~''~'':~'': .... with the City on certain water right issues related to its appropriate it. She explained that the firm of Wagner & Bonsignore has been working Watershed for a number of years, With regard to the City of Ukiah's types of rights: 1) under a permit that is held by the City that wa: Resources Control Board and 2) water that was being She explained that the water use prior to 1949 was building of Lake Mendocino and prior to the dam. Board in its decisions involving the building recognized that there had been water use by not only the City of Ukiah, but also many agncu She noted that there is some recent debate on what the because it receives imports from the Eel River as well, natural flows in the future. The pri~ that the City of Ukiah hi equal to about 2.8 cubic feet per :h equals a little indicated that they was being used c uses along the river. flow of the Russian River is may n~:~be considered 949 rights is feet annually. She went on to further ex The purpose of the permit was to di, of about 20 cubic feet per second, Water Resources Control Board per Russian River that are Ranney right is in provides limit to wateJ ;n put to City's water was filed in 1954. Russian River at a rate 14,5~ 'e feet annually. The State [or the diversion of water from the the Russian River, including the new · ' water in the City of Ukiah. That that the State Water Resource right and it is about one-third of the Another part of Ukiah rights involves the Mendocino County Russian River Flood Conservation Improvement District (District)). She explained time La ' was constructed, water stored in Lake Mendocino is for of both Mendocino Counties and 8,000 acre feet of the water behind reserved for uses in Mendocino County. Part of that water is for the the 'Ukiah as well all other diverters along the Russian River to the extent that are diverting the water in the summer when the water is being released. It is a water issued by the state and the District is charged with the allocation and the m~ :e of that water right by reporting the use under that water right to the state are diverting water that is the natural flow in the Russian River and are some of the Eel River import. During the summer they divert water that from storage in Lake Mendocino. That is where some of the confusion District right now is reporting water use based on the review of information that ha§'~'been submitted to them over the years and they also review power records, and have Regular Meeting - Ukiah City Council January 16, 2002 Page 2 of 27 knowledge of actual diversions that are taking place. Mendocino County's portion of that water right was allocated a little differently that Sonoma County's and she went on to explain how that was established. When the water was allocated to Mendocino County the 8,000 acre feet was listed, as a "consumptive use allocation", meaning that it only a ,nts for water that has been consumptively used, not gross diversions. She exp!~i~iii~ .... there is a difference because there are returned flows that would com~iii~'~"::'of accounting and she felt it important because it means, in general,, iiii~water fo~ Uendocino County, and more importantly more water for the City of Uki:~ili!!ii~i~lained that there is a definite distinction between the two water allocations o~i~ake ~'~~ino, and the District is aware of that and will be accounting for it accordin~i~i!i~, the alloC~of their water right. '?~?~;~?;~;?~:: ..... She pointed out the three types of water that make up supply and there certain things that need to be done to maintain and of water. One of which is to put the water to bE reporting that use to the state, and going compliance with the state requirements for its making (the pre-1949 use) is about 2.8 cubic square every year. Thirdly is the water that will be allocated to the City has been using pursuant to the District's permit storage in Lake Mendocino. se different sources :~ the City's perm~:,i~?~i ~ons. The City is in ~at the City has been City is making us of it in the formal allocation that released from Nicholas Bonsignore, Princ right permit for the stored used under that permit to the State reporting metered diversions to the meters and the District has had to report to the obtain a a require alloc if th( on the ba., the ke Me rd The District on their ocations of th any water rig diversion'"~ holds their water are to report the water diverters have likely been ~ lot of diverters don't have dive~ from year to year in order to need to have more documentation in order to summer of 2001 the District listed foot entitlement. Applicants were they might hold and make a request for because it may need an allocation ever insufficient to meet the needs of the City Such a condition could occur during a critical drought period. into the and last ~at water. and the instance, the City would need to divert some of the project water District from Lake Mendocino. The District analyzed each all applicants and requested that they enter into an interim contract requires all diverters to meter their diversions from metering would be used to support modifications to the a long term contract which the District hopes to enter into after the interim expired. He pointed out that a water right permit or an allocation is an if, and only if, the water is there. It's not a guarantee of water and, divert water if it's not available when you might need it, no matter what ht entitlements say. that typically the hydrology study of a major river system may involve measurement and statistical analysis of rainfall and river flows over a long period of time. It Regular Meeting - Ukiah City Council January 16, 2002 Page 3 of 27 would also consider natural losses of flows and consideration of the amounts and timing of manmade diversions from the source. If a major storage reservoir, such as Lake Mendocino, is part of the system, then the operation of the reservoir is a necessary component of hydrologic evaluation. A hydrologic study could be used to dc yield of a reservoir project. He continued to discuss how the District had to develop criteria for the a to allocate the 8,000 acre feet of water. The District has been le hydrological analysis it relied upon to support those allocation concerns over the allocation of the District's entitlement, there are regard to the availability of water from the Russian River. The that many diverters who believe they are diverting Russian of right, under certain circumstances may actually have that supply is reduced these diverters may find addition, there has been more and more attention fish species in all of the North Coast watt :he i n o rd e r~'~;~=~;~' to the rom some cl; !g Eel River water. If claim or right. on threatened and endanger~,:~ !?'::?~';:'~' .... He recommended the City develop some fami elements on the River with an eye as to how the City's could be affected. An initial step might be to make a evaluate all pertinent public from the District, ti Agency, State Board, and poss ~ral agencies that ps with all these ', both present and future, ve effo :o gather and Water some work Discussion followed with how to determine if water is to be ¢ annua ;idered the Eel River, and ptive water. The methodology for determining the how it affects the of water in Bt data would the river some tecl happer how water 1 3b. Pr~ Home S the River flow from the dam and was discussed. It was noted by Mr. reviewed regarding well fluctuations as in order to be able to infer what's through different types of alluvium. Journal Regarding the Family Expo and d that item 3b would be continued to the next City Council 1 4a. Rec UTES Meeting of December 5, 2001 Smith noted that a correction needs to be made to page 5, regarding to the maker and second of the motion. The draft minutes state "M/S and he directed the City Clerk to listen to the tape recording for clarification. Libby recommended a correction to page 16, second to last paragraph, sentence should read, "She felt it should be noted that she had a formal complaint by t~he owner pertaining to a Planning Commissioner." Regular Meeting - Ukiah City Council January 16, 2002 Page 4 of 27 M/S Smith/Libby approving the minutes of the Regular Meeting of December 5, 2001, as amended, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: N ~,,~,:~, .... Mayor Ashiku read the appeal process. 4. APPROVAL OF MINUTES 4b. Regular Meeting of December 19, 2001 Councilmember Libby recommended a correction to page 1, Regular Meeting Minutes of November 7, 2001 to r, recommended a correction to the first paragraph, on correction to page 10, first sentence should read, indicated they could receive a grant in the amount QJhis year." M/S Baldwin/Ashiku approving the minutes 2001, as amended, carried by the following roll Baldwin and Mayor Ashiku. NOES: None. ABSENT: Nc Larson and Smith. of December 19, Libby, ;TAIN: Councilmembers 6. CONSENT CALENDAR M/S Smith/Larson approvin! a. Approved b. Received Notification to Ladder Truck in the Amount c. Adopted Resolution 2002- 26 2002; d. Ado 2002- 27 Pt Ab; e. Title of Sur .of the Consent~ ~dar as follows: 2001; ::~'' iii? Repairs to Fire City Qualified Contractors List for Participation in the Abandoned Vehicle Ambulance to the Ukiah Rotary Club for High Amount 404.55; Bii Cooling for the Purchase of Four Replacement Conditioning Units For the Civic Center in the Hydroxide to LA Chemical in the Sum of $352 Per Dry Ton. Mt Baldwin ~d by the roll call vote: AYES: Councilmembers Larson, Smith, Libby, NOES: None. ABSENT: None. ABSTAIN: None. . Mary Lindl Civic n( CE COMMENTS ON NON-AGENDA ITEMS Ukiah, advised that she had placed a questionnaire and signature sheet in foyer for public comment on the future of the Palace Hotel asking whether or rehabilitated. She provided the City Clerk with the response individuals as well as the signature sheet. 8. PUBLIC HEARING Regular Meeting - Ukiah City Council January 16, 2002 Page 5 of 27 8a. Consideration and Action Regarding the Hull/Piffero Subdivision and Use Permit (Appeal) Project Planning Director Stump advised that a couple months ago the City Council considered and acted upon an environmental document for the project and adopted a ~i~i~d Negative Declaration. ',,,~,~?;i,;?~,,i,,i,,ii,,~,i~?:~.,, The project involves the subdivision of an approximate 40-acre western hillsides of the City Limits. The applicants propose to subdivi~i~i~!~i~!!iiDto five parcels ranging from five to 15 acres in size. As part of the subdivi~iii~Pplic~,i?:~:hey are requesting a number of exceptions to the Subdivision Ordin~D~: related {~i!~d standards. Additionally, the applicants are seeking a Use ....... ~truct a si~i~!i!i~:: family residence on one of the parcels and to rectify a numb~ ~ grading construction activities that occurred some time ago. He nc sed during the Negative Declaration hearing, the purpose of the Use is to a~orize those acts aften:?? the fact. :,~,i:~ii~iii!ii!~,, ..... The purpose of the hearing is also to discuss consistency, and the consistency with the discussed the Planning Commission's consideration of in which they deadlocked in a 2-2 vote. He advised that conclusions on this project. Staff tentacle from this project that housing goals and the prote consistent with the Zoning ~s for ti the proposed single family home s~ normal development standards. laves there are a numl Staff also ect to be those areas is seel Plan and that it ikely occur it lists the How, very note that.. futu area. determine the General Plan ~ws~on Ordinances. He ect on December 12, 2001 a number of ity issues that of discussion. Thesi the community land. Staff ha~::~,,~~d the project to be D'i~'ict in terms of lot size, standards, and all of the with the Subdivision Ordinance except for Staff concluded that the General land in the hillside area. It recognizes potential units that could be developed. clearly and strongly seek to ensure that visual and other impacts to the hillside iher this particular hillside development project is consistent with ~neral Plan goals to ensure that the hillside development is designed ,~:?/::ii?:~,i?~;iiii~ii!ii~mpleted in does not damage the views of natural resources. He ................ i'~:~'':~ ~, Council those issues were discussed during the environmental docum~i!~i~cussions' 2001 for this project. on large residential a m, an argument could be made that scattered rural residential development in the hillside could help, although in a small way, to take the pressue of development off the agricultural lands to the east as well as away g vacant parcels in the City that are perhaps more suited for higher He reminded Council that they must make findings to support are made about the project. To grant the requested road exceptions, the subdivision, and the Use Permit; there are specific findings that Council must pursuant to the Ukiah Municipal Code. He discussed other options available to Regular Meeting - Ukiah City Council January 16, 2002 Page 6 of 27 Council with regard to the project. Some letters were received by the City recently from Susan Brant-Holly, Nancy Roca, Concerned Standley Street Residents, and Tom Brigham and were distributed to Council. Public Hearing Opened: 7:10 p.m. Those speaking in support of the project throughout the Public Hearing Lindley, Robert Weara, Ed Berry, Eric Sligh (not opposed to subdivisi~iii~ ~ ~ed the actions taken by the applicant that were unauthorized) Judy Prude~ii!ii~Ve H~iiiii hebert Clark, Phil Smith, Ken Secora, Tom Brigham, and Kim Dewey. "~':~"~"~"~"~'~::~': Those speaking in opposition of the project throughout the P~!i~earing:~:~ess were Bruni Kobbe, Daniel De La Peza, Lorie Leaf, Chamise C~~?~W Poplowski, Susan Johnson Fritz, Jan Moore, David Nelson, and Suni Sm~? .......... :~:~:~: David Nelson, Ukiah attorney representing project, addressed the issue of the findings the exceptions to the ordinance that are noted 'i'n the' Attorney has prepared an opinion on that matter applicant, has responded to that issue. He referred to that requires Council to mak~ findir Subdivision Ordinance. Secti( preservation and enjoyment need to make a finding Ordinance, that there's some sub., substantial property right is not the Attorney Rapport misinterpreted wh; by He was of are opposed to the .................................................... ::.ke in order to grant ...... Additionally, the City Iham, attorney for the 8320b to the for the Council would to the Subdivision be taken away. This of the opinion that City interpr~ Ordir prol taken away a adopt this inter He advis~ the substa~[~ prq~,~rty right that Council needs to find is ht to subdl iiiii~e referred to City Attorney Rapport's Ordinance,~iiii~ia~:technical interpretation of the Subdivision ~'::~::"owner of all economic viable uses of the find that a substantial property right has been sion Ordinance could be granted. In order to ,n, as Mr. Rapport said, Council would have to find that the exception of the right to build a home on his property and to enjoy be found in this case. ...... g preventing Mr. Hull and Mr. Piffero from building one parcel as Mr. Nix did next door. If they needed exceptions to build could come before Council and request exceptions to that. But they don't a subdivision and ask for exceptions. Mr. Brigham wrote a letter to try to how their costs were so huge that they need this exception in order to y viable but the costs that he is referring to are the cost of the )n, not the cost of building one house. What they really wanted to do was build ;es and that's where the trouble lies and triggered the subdivision issue they had to meet subdivision standards. Mr. Brigham's letter discussed this "right Regular Meeting - Ukiah City Council January 16, 2002 Page 7 of 27 of return on investment" (profit) however, there is no substantial property right to make a profit off your land. If they didn't make a good investment choice, they should not now be coming forward asking for exceptions at the expense of the public. He noted that Mr. Brigham's letter doesn't mention the biggest issue, which is the road. He referred to the Subdivision Ordinance requirements, Fire Ct standards with regard to road requirements. He referenced the Western Analysis (Analysis) and did not see how a finding could be made subdivision would not be detrimental to the public welfare. The Anal~ more homes built on the hillside, the more homes and lives are at In closing, he once again referred to the Planning Commis and noted that all four Commissioners present did subdivision for various reasons. He discussed the' property, some of which the applicants have been over how many homes are going to be built on site. Input from that Analysis and from other Ordinance that can define what you want in to the existing ordinance and stumbling into develo ~at this the Jrrounding the project new Hillside Zoning iot b~' granting exceptions ~e hillside in that way. Tom Brigham, attorney representi~ Nelson with regard to the exce incorrect. It is the City Code. Mr. Nelson's analysis. City analysis in that there are several Secondly, the whole purpose of subdivision does not otherwise strictl, the heading to n. Thirdly, be for five p~ ~s. !. the applicants, res 's reference to three major is to the made by Mr. .~nt Code is that he found with his (Mr. Bigham's) applies to this situation. subdivisions where the That's what it says in would be the same for one home as it would Counci sinc~ chan::~d t time they aware of what Larso~ quired withthe costs incurred and if any costs arose uired if some manner of regulatory action the time they bought the property until the develop )perty. He further inquired if the applicants were would be required for their intentions. He inquired if ing changed to City policy to affect it. He also inquired if it was Mr. Bng~~=,,,cl~ents when they purchased the property, to subdivide the parcel i'~ifi~e Mr, Brigha!~'i'i'~xplained that some of the costs have occurred since the purchase of the property. H~reed that the costs would be the same for one house and for five houses,. However, ~i!i~xplained that it was their initial belief that these road standards don t =~'~i~'!ii'~i!i!iiiliii~¢cessar(!~ply and they still have an on-going disagreement with staff as to whether the ==~!i'~i~. r~==q~ments apply to this development. It is not true to conclude that his clients t~"' ~=at they were going to have these expenses when they bought the property. He ad ~ that it was not his clients' intention to subdivide the property when they purchased it. Regular Meeting - Ukiah City Council January 16, 2002 Page 8 of 27 Dave Hull, one of the project applicants, explained that he and Mr. Piffero did not purchase the property for an investment and didn't pay a lot for this particular piece of property. They do own other property but are not developers. He felt that the circumstances unique because he and Mr. Piffero began by wanting to purchase property home for their families and had originally planned to split the property intQ,:::.?~iii~'~0-a~ parcels. Their project was reviewed at a Project Review Committee me,~i~iiii~hey wer~~? going to split the property and ended up doing to a subdivision. He wa~i~b:~ii~i~cure a building permit for his home when they found out that the road ~i~{::~men:~ ~:,~:?ne additional home on that piece of land was going to, constitute a 20 fodfi~ed roadW~ ~i~h curb, gutter, and sidewalk, as required by the City s Municipal de. B'~I! .time the~::~::~ ~: already proceeded with the development and had spen' ~[derabl'~i~'~,ii ~oney just '~ construct one home. He discussed the Hillside Ordina ~iii~w it pertains to their'::??~i ~'i~'::'~ .... project. With regard to the five parcel subdivision, he t~::'~:::after tallying various...:.~.~,.:,:::: ! costs incurred and projected costs for road im to do to make it work for their families, they decid defray some of the costs. They stared out parcels they had hoped they could develop enoug costs would be to develop the road, power, water, etc. to meet all mitigation they have not said they would include to be right. He discussion the Commission's d~ project. He submitted documenl ,cord that included a costs and also for the water them close to property. He and his live in ir: etc.: other costs necessa~? ;ell a couple parcels to ;e if they sold three portion of what the ised that they have agreed the~,,,~,~ant the project of the projected road lion to develop the with their family. Councilmember Baldwin inquired a costly problem related to dividing thi parcels in the sL ~g area? If money to homes rath~ after there was going to be if he partner began to buy other such a concern, why weren't they saving ~rchasing other land? Mr. Hul prop with it, and six months of that offended needs to disclose that. It was a piece of was lan~ and y 1.5 miles from their property. The period of time, had problems associated uisition He disclosed his investment within the last 250 acres that was one acquisition and that his monthly payment is '~'::~i~::i~iiiiiiil iiii?:!i!',i!,~,~: .... Reconvene 29 p.m. p,m, Smith reference Conditions of Project Approval, page 2-20, item 56, "A placed on a final subdivision map stating that a portion of the subdivision on subject 39.2 acre shall be restricted to serving only the five parcels created b, subdivision and shall not be used to serve additional parcels in the future." He inquired if there is another section that talks about developing future parcels? Regular Meeting - Ukiah City Council January 16, 2002 Page 9 of 27 Mr. Stump explained that Mr. Hull and Mr. Piffero have not indicated plans to subdivide the property further. Councilmember Smith referred to item 58 in which it states, "Any action to m~i,,iii~ language in the final subdivision map or on the deeds for the five lots shall firs[~Vie~ and approved by Ukiah City Council." ,::~,,~i~',!iiiii~iiiil Mr. Stump confirmed that if the applicants desire to subdivide the.,~::~i~'rty ~:~::~:;;~:i~i~:~:ii~'::i:~;i"~:i:~;!i~'~ f~ r, the matter would be heard by the City Council. Councilmember Baldwin explained that in several staff ........ ::~' .... s, sta~i ~ed the te~::~ "scattered" regarding the development of houses, le regU'iations say we need to cluster development and he inquired how documents .... Mr. Stump explained that it is not a mandate feasible". Based on a field review of the site, staff felt that if the homes were clustered, on that parti impacts than spreading them out (scattering). Councilmember Baldwin' sight development standards Mr. Stump advised that activities require discretionary Council upon Appeal." He Gener~iiiii~:~!an but it says "where and~~teristics of the land, i~:~ould produce more tbout the Hillside District r~~j~n~,,i!iii~i~'hich minimum ge slope for these p~~ii , "An¢li~i;ading or construction and to the City with Council. Mayor Ashiku related to pm~ etc. B~ of this lam than City .~. section 91 6 on page 2-23 of the Staff Report Ordinance '~latigns for subdivisions in which it states vi':~ full City si~[8~i~d then it goes on to discuss fire breaks, e, it seemed t~~"ihat there would be subdivisions with less Mr. Stump that, ,es. m o n u m e n t property ins. uired if the City has budgeted any money for widening of is being implemented in that area at the present time. the only work the City is doing, survey wise, is to determine a a private property owner and the City as to where the median and Larson addressed the issue of how this project would affect the housing the Ukiah valley. The lack of availability of Iow income housing was also Mr Stump explained that any vacant land that the City has available for residential Regular Meeting - Ukiah City Council January 16, 2002 Page 10 of 27 development would be potentially susceptible. If opportunities for detached single family homes are no longer available in the Hillside District, it is his belief that any high density zoned vacant land left in the City may be subjected to rezoning to lower residential densities to develop those sites with single family homes. ::~:.,~,~;~'~: Discussion continued with regard to creating housing through innovative infill or redevelopment type activities to meet those housing needs. The issue agriculture lands to the east of the City was briefly discussed. It was there is other vacant land at the base of the western hills that is family residential development. Staff continued to discuss road the time the applicants purchased the property Discussion continued with regard to proportional costs home compared to five homes with regard to utilities, utilities, and road improvements. ~cting the that le- conStruction of u nderg rou nding,,~,?~,,~:~ ,~ ? ~ Councilmember Larson explained that he ha,, justification for the change in the application seems to be tied into that aspect, in terms of any more information in order to make a decision. there is financial s th'~t Council must make property rights, he needs Mayor Ashiku referred to the develop the study. Many building in the area, that it · .,~=.!~ ..... development that would demand reflects that there are about 41 buih has provided documentation of was antici that there Further d regarding unlike wide discussed the came forth to of the and complexity of ~illside Id support the type of to be approved Analysis in the hills. He noted that staff the City's General Plan and it be building or subdivisions in the hills. U~ in preservin( subdivision on the be should ~nted. findings to support exceptions to the road lives to the best spirit of the General Plan in of the hil mandating wide cuts to support a modest To be consistent with the spirit the regulations that came about appropriate, and it's anticipated by the Hillside Ordinance, less than full width streets and felt that those exceptions Coum Smith explained that he lives on a street where the roadway is 19 feet wide. He fei applicants are aware of their situation with regard to the terrain and are willing to me the conditions and mitigations for the project. As a resident within close ~:'?~!i~iii!iiiiiip, roximity :~i~ffie project, he felt comfortable that the applicant will be exercising diligent Di~'~ion continued with regard to living in a dangerous fire area and the importance of m~'~tenance. It was noted that the installation of a better road serving the area it would Regular Meeting - Ukiah City Council January 16, 2002 Page 11 of 27 better enable the City to defend the hillside areas. Councilmember Baldwin inquired of Interim Fire Chief Grebil with regard to the Analysis and felt the Analysis was very well done. However, he did not find anything in the that would be supportive of the proposed project. He referred to page 39 of th with regard to fire danger and the possibility that the City or CDF would engines to a site on the hillside for fear for those firefighters having toh a fire line or being trapped by the fire. He also expressed concern with the s~ of a new time factor for fire trucks to respond to a fire in the hillside Interim Fire Chief Grebil explained that he was instrumenta!.~ n the ':~~pment Analysis and he explained response issues. He noted that ~i!i ~ id widtl~'~':~i~he propos~i ii project would assist the City's Fire Department in defen( ~ !~lil ~[ hills. He explained that the previous response times discussed during er, E ~ii~ lated times and the road to the proposed project is improved and He,,:.,also explained there is requirement regarding clearance of Department to have a buffer zone along the Mr. Hull and Mr. Piffero have taken every opport'~'nity t and attempted to mitigate all items of concern. the Councilmember Libby explained fire danger and noted that the Ci in the Analysis a westside Ve. Analysis, she was pleased assessment in that new homes fewer trespassers would be expei homeowners have a vested interest least, if not at her main concern with doing what it can to nt Plan (VMP) ~alysis to allow for the Fire explained that both th&~'~'~Uity Fire Department hills is hills. As noted In reading the felt it is an accurate from trespassers since was of the opinion that she expected them to be at Coum Counci land a develo requires a significant decision by that the fact that a group is buying directly or in a friendship way, with the they are looking to establish is key to future ;urrently purchasing. He referred to the City's economic brochure that contains a photo of the western hills on its cover. He !ii~ed that th( the City makes the City attractive to tourists or business .................. ~'~'~~i~ includes p of the western hills. He noted that the project does fulfill one g~:~iiii~ii~::~the Ge in that it encourages continuous public participation to monitor o'~iiispace vation elements of the General Plan. . He felt the p'~ct is an investment venture, even if only for a dream home, and there are investment ~s. The rights to enjoy concessions, which are the exceptions in this case, ='~:'iiiiiiiiiiiili~ere jeo~i~ed, in his opinion, by the illegal grading activity that occurred prior to the '?'~'ii~,:i.c~~i'ing for permits. He felt the biggest problem with this project is that we didn't a~~ i~~' EIR. He found the project, as proposed, to be inconsistent with the General Pl~?~e noted that there was no attempt to cluster the homes. If this is a cluster, then an~'~:her 50 to 100 acres should be set aside for open space. He also referred to the Regular Meeting - Ukiah City Council January 16, 2002 Page 12 of 27 General Plan's position with regard to hillside development not destroying the visual quality of the western hills. He noted that if the mobile home currently on the property were visible from Highway 101, then certainly a large home would be too. He referred to the General Plan with regard to site and design development in that it is suppose to impacts of use in the valley. Additionally, it states that clearings for roads shall be sited in the least visible and ecologically damaging locations screened with vegetation where feasible. He felt that the clearing required for fire protection contradicts houses to protect the view shed from the valley. He noted that if nt an home on the hills, you most likely want a view and if you want.a view,"::~,,,:~:can't screening of vegetation. It is another contradiction. ..,~::~,,?;i?~i!ii!iiiiii?~ii',i~;~:~,:: .... "::%'i~i~"':~ He felt that there is no limitation on additional opinion that the project does not meet the Hillside clustering and that 95% of the land has to be this could be enforced. the and it also calls fO~ iii? .... He questioned how He discussed the special circumstances, as noted by the existing road up Gibson Creek. The reason why the illegally graded. Regarding open shown by the applicants in hel for the hills and the need fo~ General Plan's Open the future inclusion of open Space. and trails he munity achieve its vi: ~ere is no .2, that attorney regarding the eoause it was has been and goals according to the pment guarantees He agreed with some of the commE impact between or five to make space in would resi~ a m~ on new City the project is huge difference in the visual felt that t~e applicants could, if they wanted g they could dedicated open ~on. He felt should be conditioned so there ~ce or addition~ iges, barns, etc. He felt there is a need for ~ons, and new grading on the hillside until the Development Ordinance. He can't support but woul certain compromises. ~d the a he City eventu, rolled acc, and the n ;r of would consider dedicating land they own in Gibson Creek Mendocino Land Trust for open space in perpetuity for exchange for a unanimous vote by Council for the Use Permit for subdivision. that Councilmember Baldwin's request caught him off guard and he for such a request. Rather than bargain over the project, he was looking the current standards and guidelines, and the requests for exceptions to this time he did not feel he nor Mr. Piffero were interested in giving up any of to the City. C6~'ncilmember Smith noted that the General Plan calls for a ridge top trail, however, the Regular Meeting - Ukiah City Council January 16, 2002 Page 13 of 27 ridge does not go through this particular property. Councilmember I. arson stated that in order to approve this subdivision, Council has to make findings relative to Section 8320, subsections a, b, and c regarding subdivi~,~iii?,i~e has no problem with subsection "a" and felt there are,,always special circums §',iiii can be found. He expressed concern with subsection c" because he believ~~peci'~i~i based on the Analysis, that fire danger and expected development o,~i,,i~i~ihillside something that has not been assessed fully. He stated that in the C.!::~!i~i~:~iii~?ritten opinion to Council suggested a dialog by Council to further define thg:~i~~s of s~ DtiaI pro pe rty rig ht" in ' ' :~::~'~'~'~'~'~'~'~"":':~' ...... :~'"~"~'~'""~:':':~':: ~" relation to the requirement for making the except~o~,;~,,i!i~r Subsect~o~ ~. When the issue of a two-parcel split arose, it was necessary:~o mak~iii!i~eptions. exceptions that are being proposed concerning the 18 ad wi~iiiiiis the maJ~ exception being made. The other exceptions concern of the' road and fire considerations. Most of the engineering, paving, and costs would applied to one single residence. He could see mak that have been put forth for the two-parcel split the use of that property at basically the same stretches the intent and purpose of the definitii exemption. He stated that he would support an exce an argument to be made that the owners began the would be required to meet certain apply for a building permit, or and they had the expectation is his support of 8320b as there are no additional requirement: parcel. He was supportive of a two' Use Permit for the other parcel. He was his opinion met. :ion under the argument~? owners could enjoy ~nd it to five parcels al findings to support an 'o parcels because there is that they that are two owners subdivision. This expectation and I~:not be present for a single as well as a second al standing to support it. It for the proposed subdivision cannot be Discus,, and were substantial if an exception applied to two parcels ancial investment of the property owners has some bearing on the exercise of their to the road standards with Findings 1 through 12 Staff Report. expressed his concern for the motion and read aloud Section Iated why the exception is necessary "for the preservation and enjoyment of right of the petitioner". He felt the arguments of the petitioner is that is dream house unless he receives a profit by selling three other parcels. is on the verge of saying that a substantial property right is the right of the make a profit off of their property so that they can then afford to build a rather house. CObncilmember Smith was of the opinion that it is a privilege they have as a property Regular Meeting - Ukiah City Council January 16, 2002 Page 14 of 27 owner and should be allowed to exercise that privilege. Mayor Ashiku noted that the most substantial investment a person makes is buying their home. To deny them the exception would deny a person of any economic viable~;,~~,,~,,~, of Councilmember Baldwin advised that court decisions deny what was jus~ii~i~'iiiiii~i!ii!ii?~by MayO? As h iku a n d C o u n c il m e m be r S m ith. ~ Mayor Ashiku disagreed with Councilmember Baldwin's views regai~ court de~~. City Attorney Rapport advised that the California court ~ii~eals ir?~ Cavanau:~':~i!i Case discussed the law thoroughly and it is based on a i~ ~,,Penn ~entral The City of New York. The Penn Central case talke~ii~:~ut thr~'::' different factors courts will evaluate in deciding whether that has oc ~. On~.,,~?f which is the econom~:~ impact of the regulation on the claimant. The regulation has interfered with "distinct investm, character of the governmental action. In elaboi that what the courts evaluate is the importance of the regulation against the degree of economic harm resulting use of the property you want development and the cost of th~ that the courts will take into not. They balance that ag There are three different exceptio finding that it won't be detrimental to seemed to him that if Council can m latitude, in his o ' ' property, Co He felt one extent to which the ~s". The third is the e C~vanaugh Case said ,ntal interests served by the ;rty ~_~ner. Whatever ~ii~o the cost of are factors over-regulation or the public interest. you have to make a to grant that exception. It :! abide a fair amount of limitation on the property owner's use of his or not accept in granting the exception. ument that's been going on. Coul in Rapport what standing the City would have same exceptions for the same reasons. City Attorney explained that every time Council makes a decision, it has to ~,,~,','~iii'~iii~,lii'ii"~ii ~te the facts in the given case. Therefore, if the neighbor made suc~:.~i!i~uest, ~t ~ on what the development costs were, the potential uses of the pr~'::~i= and what .I returns on investment are. The courts look at whether there wa~'~:':'~Stantial ~i presented to Council during the hearing upon which it could base the fin'~s that you are making and rely on in either granting the exceptions or not. In summaryiiii~!iSepends on what facts are presented and how Council applies them. ::~"i"i~i~iiii~here w~i~cussion concerning advancing the community's interest by advancing the ~:~i~I~'~:=:~::=:'~[~m,~,~,~....:~::~=...?~i?'~that are established in the General Plan for housing and the design and pt~~tion of the land along the road. C~::'ncilmember Larson requested that the motion be read. Regular Meeting - Ukiah City Council January 16, 2002 Page 15 of 27 City Clerk Ulvila reread the motion for Council's consideration. M/S Smith/Ashiku granting exceptions to the road standards with Findings 1 th as listed in the Planning Commission Staff Report; carried by the following ro AYES: Councilmembers Smith, Libby, and Mayor Ashiku. NOES: Councilme~ and Baldwin. ABSENT: None. ABSTAIN· None. 12 M/S Smith/Libby to conditionally approve the subdivision based and 16a through 16h supporting the major subdivision for five Staff Report. Councilmember Baldwin explained that he opposes not supported or consistent with the General Plan and feel it advances the community's interest in any Motion carried by the following roll call vote: Mayor Ashiku. NOES: Councilmembers Larson None. s 15, IS he believes it is ~nce, and did not=,~ i~i~?=~: i~ii~,? Smith, Libby, and None. ABSTAIN: M/S Smith/Larson to conditi( and #1 through 58, supporting the Use Permit 18b and 18c, Councilmember Libby considerable amount of material decided that the massive amounts what an Environmental Impact Study not insist that completed parcel sub( considered comment,, to the Permit as that ago, Council looked at a deliberation, this Council comp various experts exceeded Council made the decision to project. She voiced her support for the five- a vote for a safer Westside hills. Her but rather inc retroactively, ber Bald ;d that th, Hills Constraint Analysis is worthy of all that the new development would not reduce, fire dang area. He hoped the applicants would consider, ibility of a dedication to the community of some open space. ~iku than potential for designing a wrap around structures rather than a Motion the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, iku. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. p,m, · 10:08 p.m. FINISHED BUSINESS Discussion of Fire Service Options and JPA Document Regular Meeting - Ukiah City Council January 16, 2002 Page 16 of 27 City Manager Horsley advised that the City of Ukiah and Ukiah Valley Fire District Joint Powers Authority Subcommittee met on December 12, 2001 to finalize its recommendations regarding the joint exercise of powers agreement for the Ukiah Fire Authority. All representatives of the subcommittee were present except for career firefighters. The subcommittee agreed on a few minor changes in the exi~i!!i~ .... document and requested that the document go to each of the agencies for d!,~~ion approval. In the meantime, the Ukiah Valley Fire District (District) met O~i ~ary 9th t discuss the JPA and the District Board made several key decisions~ An,j~'~~inence is that they are terminating the personnel agreement for Dan Grebil S,,,~i'~es ~'~ ~he last day to be on February 10, 2002. The City is in contact with a profe~al publiC'~ice employment group and contacting their fire chief list to see,.i~: they ~i~ ~ble to pr~i~i~:. interim services. Secondly, the District Board expressed ~!~i~port ~i!i11~ valley wi~:':'~ JPA concept and asked that prior to revisiting the ~ii~'~:'~'ili~wers Agreement, the sections which delineate the City of Ukiah as the !~ractin~iii'~gency for personne/,~i:~:~: services be deleted. This will allow discussions regard to the eventu~i:~ staffing of the combined department." Thirdly, th to the City Council for its participation and consolidation is the best option and is in commended the subcommittee for the many hours given toward this document and to produce the lane agencies. Councilmember Larson authority and employees. and City contributed money in their District considering offering services would probably be based on a differ options to explo! (CDF) for an Powers A, propos covel its appreciation he Board feels that toWards that end. She ~e effort its members have is acceptable to the recommeD~:~ would delete the to pa~!ii~"~m unless the District noted the option of the manner as the City, which are a number of other with the California Department of Forestry be pursued jointly through a Joint right now other than the specific all of the services other than what's Interim Fin meeting in whii One be ch; vehicles "Ukiah Fin Section 9.3 Ti u Council on the December 12th District Board District Board recommended some minor changes to the JPA to eliminate the prohibition of the JPA employing people, power and is included in Section 2.5. Another minor was that Section 7.1, concerns the identification of the it was recommended that all equipment would be identified as :her than "Ukiah Fire Authority". There was also a recommended change to the District recommended at the committee level that the operational March 1, 2002 and the JPA Board would determine the actual The agreement would be adopted by both governing bodies, the JPA effective March 1,2002, and from the Council and District would have been would then work at determining what date this would actually come together. is now recommending to the City Council that it take out Sections 1.5, 2.4 and that stipulate that the City of Ukiah will be the provider of personnel services for the Regular Meeting - Ukiah City Council January 16, 2002 Page 17 of 27 JPA. This would allow the Joint Powers Authority and the Commissioners to determine where those career personnel services would come from. Discussion continued with regard to any changes of service that would be noted that if the City wanted to maintain its present services of fire prot~ advanced life support services, the Fire District could be prepared to contra~ those services with measurable performance objectives within the Options discussed included 1) all employees could be employees personnel could be employees of the JPA, and 3) contracting with contract for personnel. This allows the JPA to explore all those.o determine where the personnel will come from. There was a the JPA would be a benefit to the community. Du prevention activities, and supervision of shifts were opportunity for efficiency and delivery of service to has a strong six month precence in the Ukiah vall~ round under contract. Thre was discussion re~ areas. all g nt, services, training, would provide an.:~.,~::?~?:~?~? It was noted that CD~ have them here year- of the City outlying Councilmember Larson expressed support of the Distri~ felt the City should continue to su a JPA. changes and M/S Larson/Baldwin directi~ references to the City beini proceed with forming the JPA and to eliminate all .'es exclusively and to it. Councilmember Larson explained subcommittee with getting beginning Ill the and the ~ight to how suco :omplete whi~ paramedic, ai if that is what need for add~iiii!ii~nd :le( perfor ,, the l fire to so~~gree. Mayor Ashi in which th( 'oceed g term concern among the .~:~ .... ether with the City. The main focus in the ~cerns, and trust issues that the District each oth6 them in writing to develop the going to ~ the JPA if it doesn't work out. They issu, didn't get dealt with is the City's paid staff, that the City's system has evolved to a that's an ambulance company. He did not know y envisioned but he felt it may have been developed to fulfill !~g. That is a basic public policy that we need to continually we should go. It affects staffing levels, staff training, delivery of the services, and our ability to suppress life support that this goes back to the problem we had in April or May or 2001 and the District were in agreement that the JPA was important enough to ,et the City's own personnel stood between a successful agreement and we today because of the same reluctance to participate. Larson advised that some changes have occurred in that initially the recommendation from the paid staff or union representatives was that we maintain the joint Regular Meeting - Ukiah City Council January 16, 2002 Page 18 of 27 administrative services but keep separate departments and that joint administrative operations were fine. However, they proceeded to attack that very thing because it was in operation with Chief Grebil acting as Chief for both departments and affectively implementing that policy ...... ::,:::~!~,:~!ii~!i??~'~i:~,:~::~, ..... felt :~;~ ?::. City' to the Mayor Ashiku was of the opinion that the JPA concept was a very viable subcommittee worked very hard. He felt that Council has made it very c personnel that this is Council's will, desire, and the direction that it community. In that spirit, he felt that the level of firefighting service for life support could be enhanced for the valley. He felt that the ~e other options and review them, and understand the ramificatiQ:ns of involved was of the opinion that staff should bring back the amen:~i~greem~ii~or C )u approval. At that time, Council could appoint Board me~~iii!~i'~he jpA if the District accepts the agreement. .::?:~,::~i,~,,i,~,~:,,?~?~ii,,i~ii?? ..... Motion carried by unanimous consent. ::'~::',ili~ili!iiiii!ili!?~i!:~?., .... Mayor Ashiku expressed his appreciation to past 20 months and that he has provided a great wanted Chief Grebil to express to the Board that Council a the City during this time and that C. and upon him and his family. his efforts over the the community. He also g him to at the District Consensus of Council Chief Grebil's efforts. Ashiku~:~?,~i~'ii"~°mments concerning Councilmember Larson advised th; has found him tc He Grebil for many months, he and an easy person to get along with. and his reluctance to let him go. Sm County Inland Water and Power City Council m~ videos in the such as the'~ Redwood contacted Ms. Janet Pauli after the last City ~e also attended the Mendocino County Inland Water and Power where there was more discussion concerning this matter. be a 10 to 15 minute video and hopes to do a series of will not be able to describe everything that is going on opinion that the IWPC will want to present the major issues Valley Project, Eel River diversion, and Section 7 on the Russian River. sent a letter identifying their particular water concerns. Council had previously identified two issues that were germane to the City storage and the need to expand the City's water treatment plant because supply from the wells and Ranney Collector. She felt that there may not h time to discuss individual districts, or the City, in the video because of the complexity of the other large issues will take longer than 15 minutes. Another thing that Regular Meeting - Ukiah City Council January 16, 2002 Page 19 of 27 may be germane to everyone in the valley would include a small discussion about water conservation in times of drought, how important it can be and what it can mean in the difference. Councilmember Baldwin expressed concern with becoming involved in t~ii~~ .... because we may or may not have the same interests as the primary (agricultural) pushing this video. He felt there is a wonderful potential for e:~~i0n but we should be aware of the motives of the people we are working with ..... Discussion followed with regard to agricultural interests in Potter ~,y and valley that may benefit from the video. Issues related to raisi~ the preservation of agricultural lands were also discussed. It mmen'~i~'~:~that the Ci~ ask IWPC for a copy of the narration of the video so it ,ed. Councilmember Larson expressed and interest i~ conservation and cooperation. The video nee~ within the City of Ukiah; however, raising the and may have growth inducing consequences. to review any videos or dialogue in which the City is these are long term, land use decisions. City Manager Horsley advisec Corp of Engineers and they a that this is a very small part to the community for additional those types of issues. .... ::p:[oviding an emphasis o~ in:~"~::~i:ii ~ructure developments e,~ ental consideration that Council be allowed be aligned with because met with a repr~:~I ~ from the Army Ih the $100,00~i,,~y, however, he said the~i~:~'e going to come back raising of the dam and 9. UNFINISl 9c. A Re~ City M; sign the was given to .County withd contract contract nt ,r Horsley r the u~ contract. SlNESS Station Con that the of the T; of Mendocino's Negotiations requested that the County of Mendocino ~ Transfer Station in return for receiving residents. A 60-day period for negotiations to sign a c, :t. The City's concern is with the costs and if the costs would increase for Ukiah's citizens based on the contact prices n the meantime, Solid Wastes Systems, Inc. (SWS) has will not charge the City extra if the County decides to Transfer Station. However, SWS would like to have a iempting to meet with the County to discuss and negotiate a five She recommended an additional 60-day time period for be completed between SWS and the County. with regard to the County formulating a contract with SWS. It was rrently the County does not have a contract with SWS and the County's self- not be able to go to the SWS site unless the County has a contract. It was City Manager Horsley that the City Council recently revised the City's contract to SWS to charge a higher rate to the County if they did not sign a 15-year agreement. Regular Meeting - Ukiah City Council January 16, 2002 Page 20 of 27 There was also discussion concerning the County's incentive, or lack thereof, to negotiate a contract with SWS M/S Baldwin/Smith approving an additional 60-day timeframe for negotiations County of Mendocino for use of the Taylor Drive Transfer Station. he Discussion followed regarding a contract between the County and SW~ Motion carried by the following roll call vote: AYES: CouncilmE and Mayor Ashiku. NOES: Councilmember Baldwin. ABSENT: BSTAIN !. 10. NEW BUSINESS 10a. Al~_Droval of 2001/02 Mid Year Budget Amem Risk Manager/Budget Officer Harris advised th~ opportunity to address any issues with financial iml budget was adopted or are anticipated to arise th let Amendment is have occurred since inder of the fiscal year. Upon questioning by Councilmember Ball =es, Mr. Harris explained that the General Fund has $20,000 in new nd approximately $75,000 in new expenditures, making a net of $55,000 to the bud~ Baldwin also inquired about the City's reven received on the City's ~ years, and Mr. Harris explained that nts appear to be on year. M/S Smith/Libby approvin~ the 2001/02 Mid Year Budget following roll call vote: AYES' Coun( Ashiku. NOES' None. ABSENT: No~ Amen. 2001 trson, N, Budget as specified in ; carried by the Libby, Baldwin, and Mayor 10. NEW 10b. Di,, ion Ce Mendo~ Im~ ) that th~ City cou the consult~ r Horsh alread~ citizens' intere~ Wi of Governments Road Tax Survey been some developments within the last Advisory Committee (TAC) met and hired work to survey Mendocino County regarding the additional half-cent sales tax for road repair and maintenance. She a draft County Transportation Survey. Phil Dow is requesting comm~ by January 18th because they will be finalizing the consultan moving very quickly because of the timelines for the ballot :he survey as it relates to the City of Ukiah and noted that if the ,d, it would mean an additional $1 million per year to the City of Ukiah. The that are recommended by staff include State Street/Main Street accessibility, rail trail (improve part of the side part of the rail as a path), increased parking availability, and drainage. Those would be asked of Ukiah citizens only. She explained that the tax, if approved, place for 20 years. She advised that, whatever projects Council selects, it has ended by Mr. Dow that these projects be oriented toward road improvements. Regular Meeting - Ukiah City Council January 16, 2002 Page 21 of 27 Discussion followed relative to the status of the Pavement Management System (PMS) and it was noted that it would take $1 million per year to maintain the current level of service. City Manager Horsley noted over the past few years the City has received funding from MCOG but that funding may not be available much longer. She the League of California Cities is asking Council to send a letter of su concerning Proposition 42. She continued to discuss other sales tax Discussion continued with regard to what type of information the opinion survey in terms of citizen priorities. Once the priorities are then make an informed decision about whether to put it on the with regard to possible proposals that may be presente~ concerning increasing sales tax. Novembi City Manager Horsley referred to "survey strateg detail. that concept in furthe~ iii? There was discussion related to the survey and of the public with regard to possibly undergrounding downtown area and improving bike and pedestrian regard to referendums, sales tax tnd other options availal maintain roads. to pose questions improving parking in the with revenue to Councilmember Baldwin more to the voters. trail" mi~ need to be explained City Manager Horsley continued to realign it from th Fund to th~ o Prop noted that its purpose is to and counties. Coum about aspects of Prop 42. Ms. :hat state. eliminated from the General Fund, they s. However, that will be a decision made by the Imember local roads nsportati~ this mone~ ~lained that a positive aspect of Prop 42 is that it is a that are spent on gasoline should be used to repair of the funding the City receives through MCOG's STIP is Consensus Council was to send a letter to the League of California Cities in support of Prop 42. ~3er Libby stated her objection to Prop 42 due to the condition of ~e state'~ and if this money is taken out of the General Fund it is only reasonable will increase a tax elsewhere to make up that difference." She is not of the measure at this time and therefore, there was not a full consensus of on the matter. Regular Meeting - Ukiah City Council January 16, 2002 Page 22 of 27 Consensus of Council agreed with the projects proposed by staff for the survey. There was a brief discussion with regard to undergrounding of utilities and it was decided that this issue should not be included in the survey. Parking and fixing potholes were discussed and it was decided to allow those questions to be asked in the survey and to Ihe results of the survey once completed. 10. NEW BUSINESS 10c. Adoption of Resolution Approving an Application for Riverine Habitat Grant Program For Riverside Park D Community Services Director DeKnoblough advised that grant applications under the recently passed Park Bond Act for City sponsored by the Community Services Department. Bond Act is the Riparian and Riverine Habitat Grant under the Roberti-Z'Berg-Harris Urban Open Spac~ projects targeted areas around creeks and as grant program is to provide "funds on a compet to i~ access, awareness, understanding, enjo irreplaceable rivers and streams." Individual grant $20,000 and may not exceed $400,000. No matching The funds would provide some of the initial improvemen~ parking, trails, riverbank stabi and habitat enhancem~ not go very far, it would provide City request funding from the. and iously with of that prior projects were ~n program. These.?:ii!? Park. The intent of th,~i se public recreational of California's must be a minimum of required for this program. :he Rive Park such as 000 may the park has viable [ccess should the or the Depar of Fish and Game. Councilmember Baldwin referred design previously approved by the C~~ be changed. mentions the conceptual initial park concept could 11:26 p.m.' Mr. Del publ was development fields which st~ design and conceived from several g and Technical Assistance Grant that ~. Once an analysis is performed of specific be necessary. He cited an example of soccer to locate closer to town. The Parks, Recreation & Golf the plan again and if the grant is awarded, then the plans 11:28 g returned to the meeting. Baldwin drew attention to the parking area being located in the middle of of the softball fields. He was not convinced that is the best location for that Council could revisit the issue again. ugh continued to discuss the grant and noted that it is stated clearly in the it is strictly a conceptual design. Regular Meeting - Ukiah City Council January 16, 2002 Page 23 of 27 M/S Baldwin/Larson adopting Resolution 2002-28 approving the application for grant funds for the Riparian and Riverine Habitat Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and M~ NOES: None. ABSENT: None. ABSTAIN: None. 10. NEW BUSINESS 10d. Request for Discussion of MTA Facility at Former Supervisor Delbar 11:31 p.m. -City Manger Horsley advised that staff had just b representative would not be able to attend this meeting. Mayor Ashiku explained that Mendocino County Su this item be placed on the agenda for discussion. week in which he suggested a County their views of the MTA project at the old albar had req a ,~nversation with him would ~'e to discuss City Manager Horsley advised that the City of Willits project, however, they did not. She referred to correspond Mayor Ashiku explained that the ~nty is on record o the transit facility and preferred located downtown. d to consider opposing this to MTA. of the site for Councilmember Larson by the MTA Board to proceed with n which i~i~jected to the decision Bruce Richard, General Manager requested the~ cond~ in cre; ity ex the de O in the future. becau,, be includi the County's letter to MTA ider the acti( took but did not specifically mention of the reas( letter and their position was an interest train depot attempted to do for some time. He ,ject is still on burner" and they needed to move their and it's they get that project accomplished for their the train depot as a separate facility sometime ned that depot site would need to be smaller than originally would not be a need to have the intercity buses since it is planned ~rth end of town. At the and all services. schedule Amtrak tick kiah site, to have Greyhound, Amtrak buses, Mendocino Stage, reg and local services, as well as Dial-A-Ride and private taxi ~uilding at the site is very small and it would be staffed to provided route and sell tickets, and handle Greyhound freight. They also hope to sell n the future. owner of Zack's Restaurant across the street from the proposed site, he is not opposed to MTA services at the site; however, he expressed with Greyhound being located at that site. He discussed problems he had when Gr~Yhound was formerly located at the site and how they interfered with the operation of Regular Meeting - Ukiah City Council January 16, 2002 Page 24 of 27 his business. He inquired if it is necessary for MTA to have such a prime location with State Street frontage. He felt that since it is located at the first Ukiah exit, a nice building should be located there instead of buses. Councilmember Baldwin noted that if the depot site were going to be a stop the future, he would prefer that the land use not be utilized as a roadway for is for all carriers. Mr. Richard explained that what they need to be downtown, and most logical site, is a place for the local service to meet each facilitate travel within Ukiah. There may be as many as four buses opposed to the 10 or 12 they had discussed previously. Councilmember Libby was of the opinion that the si opposed to condemnation proceedings against to obtain the property. She was of the opinion such as a threat to public safety, for meets that criteria. She has objections to the si1 being purchased. ood of the developed but owners in orde~!!:ii must be established, think the property e way in which the land is Mayor Ashiku had no problem station at the train depot. He position at this time. the site and he would a need to encoura~ transit to change their Councilmember Larson in earlier plans for a transfer site in support from Supervisor Delbar at eventually be o He did not 11. REPI Counci Smith 'es meeti~ Lic~ motivational addressing the in As an active participant area not recall any interest or ,. It ~s opinion that both sites will need to take action at this time. Council copy of the newsletter from the League of at the conference "Let the VLF (Vehicle He also attended a presentation by a and a ses,, sponsored by the Legislative Analysist about 's fiscal problems. Next week he will attend a NCPA Strategic following week he will travel to Washington, DC to attend 12. M th~ CLERK/DIRECTOR REPORTS Horsley distributed a flyer on the Sundays in the Park Chamber of that is scheduled for January 18th at the Todd Grove Room. She noted the Russian River Water Forum would hold their meeting in the Council sponsored by the Farm Bureau and Janet Pauli from the Mendocino County and Power Commission. Ashiku advised that he will be on vacation at that time and will not be able to attend and Councilmember Baldwin would attend as the alternate. Regular Meeting - Ukiah City Council January 16, 2002 Page 25 of 27 Ms. Horsley advised that the forum would present all the issues regarding water and educating the public. She inquired if Council received the Ukiah Fire Department Awards Dinner invitation. She provided information to Councilmember Smith with rega~ ' Ihe APPA rally. She advised that Eladia Laines, owner of the Palace Hotel, has respon~ certified letter and was asked to attend the February 6th Council Palace Hotel. City's ss the Mayor Ashiku advised that he will be absent from the meeting,~,~nd be scheduled for the next meeting scheduled of February Consensus of Council directed the City Manager to 9s and invite her attend the February 20th meeting when a full Coun~ to be in attendance. City Clerk Ulvila advised that, in coo Department for the March 5th Gubernatorial Primary e for holding voter registration cards in the lobby of the registration deadline is February 19th. County Elections :ont~iner will be available Wing at City Hall. The Statements of Economic I April 2, 2002 in the City Clerl orm 700, have been :1 and are due by She reported that on January 15, Chairman of the Parks, Recreation, June 30, 2002. A Press Release will February 25, 2(; ,ointment to 2002 City the nation of Susie Johnson, ~missio~ Johnson's term expires on announ~ the vacancy with a deadline of will be scheduled for the March 6, 11:54 12:0 12:~ 12:10 p.m.: 12:10 p.m.: Ad ourned as the Uki; to Closed Session 3pment Agency. No action ta Conference with Legal Counsel Regarding Existin~ ation' lev. City of Ukiah (Case No. SCUKCVG-00-83733 b. taken. 54956.9- Conference with Legal Counsel Regarding Existing Legal Ds: WRCB v. Ukiah Regular Meeting - Ukiah City Council January 16, 2002 Page 26 of 27 c. Public Employee Performance Evaluation Title: City Manager No action taken. d. G.C. §54957.6- Conference with Labor Negotiator Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsley No action taken. e. G.C. §54956.9-- Conference with Legal Counsel Liti_qation: Ukiah Firefighters v. City of Ukiah (Pendin, Relations Board) No action taken. Reconvened at: 1:50 a.m. 14. ADJOURNMENT There being no further business, the City Empl 0brned at 1:50 a.m. Marie Ulvila, City Clerk Regular Meeting - Ukiah City Council January 16, 2002 Page 27 of 27 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, February 6, 2002 The Ukiah City Council met at a Regular Meeting on February 6, 2002, the had been legally noticed and posted, at 6:30 p.m. in the Civic Center 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Libby, and Councilmember absent: Mayor Ashiku. Staff present: Public Community Services Director DeKnoblough, Assistant City Managei=:'"'~[ro, City Horsley, City Attorney Rapport, Community Services Su ' or Sa~ mo, and Cie rk U Ivi la. '~'~ii'~ii!ii iiii ii~,ii~ 2. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge of Allegian 3. PRESENTATIONS 3a. Presentation by Mendo-Lake Parents Home Show Sharon Gowan, Publisher/Editor of the Mendo-Lake upcoming Family Expo and Hom~ Empire Fairgrounds. The organizations in Mendocino and is locally owned. She di= the City of Ukiah, and thanked the Expo has brought the spotlight to various events scheduled for the u Supervisor g for his scheduled for A lighlights children that the maga: onsors prograr M,, groups to program fo llowin Iwin. Family Expo and Journal the Redwood programs, and published monthly ieir program, including involvement. The Family ~s. She discussed the Community Services uired if the ~i!~ Girls Club or PAL participate in the participate and they encourage youth an r fundraising and promotion for their group. The booths for the groups. Joy C ~ilmembers b~ Main Street Program for Council to Sign Card to New Director of the Main Street Program, made a special presentation to soliciting the Council's participation in signing a card, which will be sent to of New York City in remembrance of the September 11,2001 event, a good year. The card had been on display at various locations in the signed the card. Regular City Council Meeting February 6, 2002 Page 1 of 6 4. APPROVAL OF MINUTES 4a. Reqular Meetinq of January_ 16, 2002 City Clerk Ulvila advised that minutes of January 16, 2002 are not complete and would be placed on the February 20, 2002 Council agenda. 5. RIGHT TO APPEAL DECISION Vice-Mayor Baldwin read the appeal process. 6. CONSENT CALENDAR Vice-Mayor Baldwin announced that a member of the audience Council regarding item 6h "Award of Bid to US Cellular for Wirel all City Departments." Mark Wriggle, Area Manager for Edge Wireless, summary report concerning this item and Wireless wanted to offer some additional items abstain from the decision to choose US Cellul more thorough comparisons could be Tel heY~'~ili~=viewed'=' ~ the agenda,,,===.~=.~==~====~? observations. Edg~ ? ..... :ompel the Council to ~further notice when He continued to discuss points of the bid. US Cellular their existing contract for price serv' the high points for potential vendor's interaction with the large and what they have dc media. ;s, features, and may want to also ~, zoning proc~ their ex ,oints in light of is to evaluate all points, e.g. the community at as it relates to the He continued to discuss various reason he is a Report, this their resp, retrofit look the ¢. Before ~d the Council ~t for three ye ey made meni ~cil endorses ti ~re heard under N~ req iiness as item 8b. pricing and service. The in the RFP and the Agenda Summary nology can change in three years and in would keep up with technology and ntract, they asked that take a more robust decision. 6h be pulled from the Consent Calendar and a. e, a a through g of the Consent Calendar as follows' Repo~ e Acquisition of Emergency Traffic Signal Repair Services !public in the Amount of $7,692; Bid for Liquid Polymer-Alkyamine to Stockhausen for the Sum of $14,44; Bid for Liquid Polymer Emulsion to Stockhausen for the Sum of $10,080; Amendment to Agreement for Professional Consulting Services with 3Di logics, Inc., to Perform Additional Aerial Photography and Digital Mapping in a Lump Sum Amount of $10,865; ad Amendment to Agreement for Professional Consulting Services with M. Herman and Associates for Additional Land Surveying Services, in an Amount Not to Exceed $10,000; Regular City Council Meeting February 6, 2002 Page 2 of 6 f. Rejected Claim for Damages Received from Isaias N. Garcia and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; g. Approved Agreement with Ornbaun Enterprises for Real Property Appraisal. Motion carried by the following roll call vote: AYES: Councilmembers Larson, and Vice-Mayor Baldwin. NOES' None. ABSENT: Mayor Ashiku. ABSTAI~,~,,~,,~no. NO one came forward to address Council. 8. NEW BUSINESS 8a. Consideration of Calendar for November 2002 M~ Ele City Clerk Ulvila advised that the next Ukiah Munici November 5, 2002. A calendar noting the dead distributed to Council for review and consideration submittal of Ballot Measures and recommend( Measures, Council should begin to consider Measure before the voters at this election. As not( .005% sales tax for road repairs may be a viable me; MCOG's surveys. iSCUS: th is election was d the deadlines related t~.i complexity of Ballot to place a Ballot discussions, a ;pending on the results of A brief discussion of the calen~ might be able to provide Cou d. Councilmember MCOG 8b. (6H) Award of Bid to US Departments Assistant City Manager Fierro advi,, the bid becaus; commitment consisted Fin~ repres; and the ular advised that he it is completed. bidder. Staff the City's curn as an Service for all City put a subcommittee to review that Ls going to be substantial, for a three-year ~ted to get thfor the dollar. The subcommittee Director, Payable and Accounts Receivable They City's usage over the last two years and ~rom .~ and made a comparison with regard to .~d that the current provider was the Iow careful he assured Council that their goal was to review what the cost would be by the proposals submitted, and the we would go with the current vendor or another vendor. City .r that a table was prepared that compared the vendors and the :e Di ble checked the table and verified the calculations from the bids. ':'~::::'::'~i .............. Councilme~er Libby inquired if the City awarded the bid to a vendor, other than US ::~'~?'~'iiiii'.i~i~i!ii!iiii',i~ellular, ~~ new phones need to be urchased'~ ~ .... ~explained that the vendors would ask the City to use their equipment and there w~;'~e a change over with new phones. He discussed the varying amounts charged for phones by the vendors, which is minimal. He explained that the FCC requires that there Regular City Council Meeting February 6, 2002 Page 3 of 6 have to be some transactional costs and in the City's situation, we would not have to purchase new phones because we have existing phones that were given to us as part of the account. Councilmember Libby asked if the City goes over the 6,000 minutes per Mr. Fierro explained that if the City goes over that amount it would prob~i'~ ~:~hat we ended up purchasing more lines, and if more lines and minutes a~ii~ing u'~i?~ii'~!ithere City Manager Horsley advised that she audits cell phone~.~,~ii,.ch ~:~ for the Presently those that have cell phones really need them ~'~'~!l~i~i~sage aVerages about ::':::?::~:i ?:?: ?i'~ · .::~::¢~iii~t~i~::~~:~?~i~I~, 5,000 minutes per month and staff felt that over a threff "time p'~':~iod there would be problem exceeding the limit ....... ,::~,~iiiiiii? ...... ~.~,,~,::~ ....... Councilmember Libby advised that after com voting "yes" on this item· not feel comfortable M/S Smith/Baldwin awarding bid to US Cellular for Departments; carried by the followi~ roll call vote: AYES: Coui Vice-Mayor Baldwin. NOES: Der Libby. ABSENT: None. 9. COUNCIL REPORTS' Councilmember Larson reported Commerce luncheon, the Chamber luncheon for an Grebil, next year he award for up. for all City , Smith, ABSTAIN: in Willits, the Chamber of ierce the Todd Grove Room, the hters Annual Dinner. He understood that Councilmember that dared to show Cou~ ber Sacramento able to in Wa= 3) firm the Public provided ~cil with that not attend the Firefighters Annual Dinner business. The week prior to that he was in Reg p Session. He reported that the group was priorities of what we want, which was to help guide us in our The four interests are 1) reasonable cost power, 2) and 4) local control. In regards to that, they attended (APPA) Legislative Rally in Washington, DC. He of the major issues that they met with legislators Diane Feinstein Thompson. These are the major issues. The electricity restructuring legislation, ti .~ tax credits, CalFed, purchase power and wheeling, Trinity River reform of the California ISO. He has information available for Council to "'~ii!::!iii~ ii'iiiii?~e vi e w it e m. ~ week he participated in a conference call with Jim Whalen, NOPA staff and fin expert, and discussed restructuring of bonds. They discussed with Public Utilities Di~:~tor Barnes about arranging a presentation to Council in the future concerning this Regular City Council Meeting February 6, 2002 Page 4 of 6 matter. In addition, George Frasier, General Manager of NCPA, will be visiting Ukiah on February 19, 2002 and will meet at 3:00 p.m. with City Manager Horsley, Public Utilities Director Barnes, possibly the Mayor, and himself. He advised that he attended the Chamber of Commerce Installation Lun( Councilmember Libby reported that last month she attended a workshop of Commerce. She was not able to attend the Fire Department's because she was out of town. She reminded Council of an workshop to be held tomorrow from 8:00 a.m.-12:30 p.m. at the Vice-Mayor Baldwin reported that on January 25th he wen California Cities Community Services Subcommittee m meeting was dedicated the problems with the budget the meeting included a presentation by a Palo communication for community access to the var' disappointed that there was not more parks, recreation, museums, and libraries, He advised that this Saturday there is a Water Forum C h am be r.:~,~:~:::~:=~ Dinner ;nt ,rice Cent~i?/il a League~':~ lut tw° hours of the d the remainder he city that offer. He was a little programs such as ,cus"bf the Subcommittee. ivic Center. City Manager Horsley advised th~ is the sponsor and the M~ the Forum. Vice-Mayor Baldwin advised that of town. Farm Bureau participating in since the Mayor is out 12. City Solid new CITY MAI gl REPORTS Council a letter in which the City asks the delay in distribution of the letter was sent on Monday. She Adelphia. The City has shut them down and CALOSHA investigating the situation. The City was very concerned that would get hurt. Adelphia went into our electric drawing twice in ~::~:,;ii:,i!!';iiii~iii!i~~i~YS, and th~ through one of our water lines. Adelphia is shut down from She adviSi~at~'~:~::' the ved some money through the STIP through the year 2000 and the 20~!~TIP. Advisors in Sacramento are now saying that for the 2002 STIP that cities shouldi~ld off their projects until 2004. disc~iS~'""~'"~' AB 680, which has already passed the Assembly, and it will redistribute ':~ii!i~S t~i~i!~e Sacramento region. Many cities are very concerned about this because of ~ i~Y will redistribute the sales tax from a, nd whom they will give the funds to. She h~~rmation concerning AB 680 for Council s review. Regular City Council Meeting February 6, 2002 Page 5 of 6 City Clerk Ulvila reminded Council that Statements of Economic Interests, FPPC Form 700, are due by April 2, 2002 in the City Clerk's office. She reminded Council of a public meeting notice workshop regarding water supply to be held on February 28th in Petaluma. She explained that every Friday she has been sending out the Press Release re jng the vacancy on the Parks, Recreation, and Golf Commission and has not re applications. She also reported that she has been awarded a $250 scholar~i~?~:~rom Northern California City Clerk's Association towards training. '~::?;!i!ii'~i?'iiii~!i!'~? Councilmember Libby requested that staff provide her copy of the b~'ProC~~r~: ~:~:'~'~'~'~:' the cell phones, a copy of the bids and the RFP. Adjourned to Closed Session: 7:24 p.m. 13. CLOSED SESSION a. G.C. §54957.6 Conference with Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsle' b. G.C. §54957.6-Conference with Labor Employee Negotiations: Police Unit Labor Negotiator: Horsley Reconvened at: 9:10 p.m. 14. ADJOURNMENT There being no further business, I meeti~ adjourned at 9:10 p.m. Marie Ulvi Clerk Regular City Council Meeting February 6, 2002 Page 6 of 6 ITEM NO.' DATE: February 20, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JANUARY 2002 Payments made during the month of January, 2002, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 36766-36872, 36955-37083, 37084-37185, 37271-37334 Accounts Payable Manual check numbers: none Payroll check numbers' 36873-36954, 37186-37270 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of January, 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED:~. 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DATE: FEBRUARY 20, 2002 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE OF SODIUM BISULFITE FROM BASIC CHEMICAL SOLUTIONS FOR THE SUM OF $390.00 PER DRY TON. Each year it is necessary to purchase approximately 25 tons of sodium bisulfite for use at the wastewater treatment plant. Sodium bisulfite is used to neutralize the chlorine in the treated effluent to meet the waste discharge requirements of our operating permit. Total quantities are an estimation of annual use. Orders are placed on an as-needed basis by wastewater treatment plant personnel. $122,000 is budgeted in Account Number 612.3580.520.000 for the purchase of chemicals. Requests for quotation through the informal bid process were sent to eight chemical suppliers. Two bids were received and opened by the City Clerk on February 11, 2002. The lowest bid is from Basic Chemical Solutions for the sum of $390.00 per dry ton with a total amount of $9,750.00 based on estimated annual usage. A Purchase Order has been issued to Basic Chemical Solutions for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. There are currently no local suppliers for this chemical. RECOMMENDED ACTION: Receive and file report regarding the purchase of sodium bisulfite from Basic Chemical Solutions for the sum of $390.00 per dry ton. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager 1. Tabulation of Bids APPROVED: Candace Horsley, anager Attachment 1 TABULATION OF BIDS FOR SODIUM BISULFITE FEBRUARY 2O02 SUPPLIER PER TON EST. USAGF Basic Chemical Solutions LA Chemical $390.00 $500.00 9,750.00 2,500.00 AGENDA SUMMARY ITEM NO. DATE: February 20, 2002 REPORT APPROVAL OF AMENDMENT TO AGREEMENT BETWEEN THE CITY OF UKIAH AND NISSAN NORTH AMERICA INC., ALLOWING MODIFICATIONS TO ELECTRIC VEHICLES Recently the City of Ukiah received four electric vehicles through a special experimental program with the Nissan Corporation. The agreement with Nissan is for three years, at which time the vehicles are to be returned to Nissan in the condition they were received. The vehicles were intended for use by the Parking Enforcement and Utility Meter Reading Divisions. At the time the Council approved the original agreement, staff indicated that some minor modifications were needed to the parking enforcement vehicles. However, the agreement did not include provisions to allow for the modifications. As such the use of the vehicles by Parking Enforcement personnel has been limited. Anticipated modifications include removal of the doors to allow for tire marking and installation of traffic safety warning lights. Staff is proposing to replace the doors with inexpensive temporary vinyl covers similar to those installed on a golf cart. This will keep the rain out while allowing employees to reach through a flap and mark tires. In order to proceed with the modifications Council approval of the attached amendment to the agreement is required. The specific conditions of the agreement require that the City of Ukiah is solely responsible for any costs associated with modifying the vehicles, that the City will obtain Nissan's prior approval before completing modifications, the modifications will not affect the structural integrity of the vehicles, and that the City will indemnify Nissan from any liability resulting from the modifications. There are no direct costs included in the amendment, however, minor expenses will be associated with the modifications. Staff is recommending approval of the proposed amendment to the agreement with Nissan. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. RECOMMENDED ACTION: Approve amendment to Agreement between the City of Ukiah and Nissan North America, Inc. allowing modifications to electric vehicles. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine approval of amendment requires further consideration and remand to staff with direction. 2. Determine approval of amendment is inappropriate and do not move to approve. N/A Nissan North America Inc. Larry W. DeKnoblough, Community Services Director,/._ ~'/~ Candace Horsley, City Manager Proposed Amendment Existing Agreement AP P ROVEDL~~, LB/ZIP1 Candace Horsley, Cit'~ Manager Nissan Amendment.asr FIRST AMENDMENT TO ELECTRIC VEHICLE LEASE AGREEMENT BETWEEN NISSAN NORTH AMERICA, INC. AND CITY OF UKIAH This First Amendment (the "Amendment") to the Electric Vehicle Lease Agreement is entered into as of January 7, 2002 by and between NISSAN NORTH AMERICA, INC. ("NNA") and the CITY OF UKIAH ("Lessee"). A. NNA and Lessee have previously entered into an Electric Vehicle Lease Agreement (the "Original Agreement"), dated as of May 18, 2001, pursuant to which Lessee has agreed to lease Hypermini electric vehicles (the "Vehicles") from NNA. B. NNA and Lessee now wish to amend the Original Agreement upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties hereby agree to amend the Original Agreement as follows: 1. Lessee wishes to modify the driver side door of the Vehicles so that employees of Lessee driving the Vehicles can easily reach out of the door to chalk tires. NNA agrees to allow this modification of the driver side door of the Vehicles upon the following terms and conditions: a). Lessee agrees that it will be solely responsible for any costs associated with modifying the Vehicles and for purchasing all parts necessary to complete such modification. In addition, Lessee will remm the Vehicles to their original condition upon termination of the Original Agreement and will be responsible for all costs associated with returning the Vehicles to such condition. ,.' b). Lessee will notify NNA of the nature and extent of the modifications and obtain NNA's prior consent. NNA will not be responsible for providing any parts, specification or other assistance in such modification. c). Lessee shall ensure that the modification does not affect the structural integrity of the Vehicles or affect the safety of the Vehicles in any way. d). Lessee will indemnify and hold NNA, its officers, directors, employees, parent corporation and affiliates, harmless from and against any and all loss, liability, damage or expense resulting from Lessee's modification of the Vehicles, including, without limitation, any claim for personal injury or property damage resulting from the modification. Doc~35004 2. The Original Agreement is amended and modified to incorporate the provisions of this Amendment which shall supersede and prevail over any conflicting provisions of the Original Agreement. All other terms of the Original Agreement shall remain unmodified and continue in full force and effect. In particular, Lessee understands and acknowledges that all restrictions on the use of the Vehicles described in the Original Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment as of the date written above. NISSAN NORTH AMERICA, INC. CITY OF UKIAH By: By: Title: Title: Date: Date: Doc#350tM - ~ ~ HYPERMINI ELECTRIC VEHICLE LEASE AGREEMENT This Electric Vehicle Lease Agreement ("Agreement") is entered into as of May 18, 2001 by and between Nissan North America, Inc., a California corporation ("NNA"), and the City of Ukiah, CA ("Lessee"). RECITALS A. NNA is willing to lease to Lessee certain electric vehicles described herein (the "Vehicles"). B. Lessee wishes to lease the Vehicles in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. Lease. NNA hereby leases to Lessee and Lessee agrees to lease from NNA certain Vehicles with the VIN numbers as listed in Exhibit A, 'attached hereto and incorporated herein by this reference. Lessee agrees to hold and use the Vehicles in accordance with the terms and conditions of this Agreement. 2. Term, Lease Payments. (a) The term of the lease shall be three years ("Lease Term"), commencing with the date of acceptance of the Vehicles by Lessee. The total lease fee for the Vehicle is $99 per month. This fee may, at Lessee's election, be paid monthly by no later than the l0th day of each month, or in three annual payment of $1,188 each, or a one time ("One Pay") payment of $3,564. If Lessee elects a One Pay payment or annual payments, the initial payment shall be due thirty (30) days after the acceptance of the Vehicles and the next two payments (if necessary) shall be due on each anniversary date thereafter. As part of the total lease fee for each Hypermini, NNA will provide a GEN III charger for use by the Lessee during the lease period and will reimburse Lessee for its reasonable costs for installation of such chargers. However, Lessee understands and acknowledges that Lessor does not manufacture, install, or otherwise supply the chargers and that any repairs, replacements or other problems :relating to the chargers will be addressed by'the supplier of the chargers and not by Lessor (c) All lease payments under Paragraph 2(b) hereof should be mailed to NNA at the following address: Nissan North America, Inc. 18501 South Figueroa Street 26472 P.O. Box 191 Gardena, California 90248-0191 Attention: Corporate Vehicles Any payment not paid when due shall accrue interest at the rate of one and one half percent (1 Va %) per month, or the maximum rate allowed by law, whichever is less. 3. Delivery and Return of Vehicles. NNA shall deliver the Vehicles to a location mutually agreed upon between NNA and Lessee. Upon the expiration or termination of this Agreement, Lessee shall promptly make the Vehicles available for pick up by NNA at the same location, unless another location is agreed upon between the parties. NNA shall not be responsible for any reasonable delay in delivery of the Vehicles. 4. Title, Proprietary Rights. The Vehicles shall remain the exclusive property of NNA. In addition, NNA retains exclusive rights to any'patent, copyright, trade secret, industrial design or other proprietary right or data based on development, testing or use of the Vehicles under this Agreement. 5. Location and Use of Vehicles. (a) Lessee understands and acknowledges that the Vehicles have not been tested or certified to comply with Federal Motor Vehicle Safety Standards. Further, Lessee understands and acknowledges that the Vehicles are right hand drive and cannot be driven at freeway speeds. Lessee understands and acknowledges that due to the special nature of the Vehicles, there are a number of restrictions applicable to Lessee's use and operation of the Vehicles, as specifically described in Exhibit B hereto. Lessee agrees to comply with all of the restrictions described in Exhibit B hereto. (b) Lessee shall use the Vehicles in its ordinary and reasonable fleet operations in the State of California and will assist NNA in evaluating the Vehicles. Lessee shall operate the Vehicles in accordance with, and shall use its best efforts to ensure that the use and operation of the Vehicles doe's not violate any federal, state, .or local law, rule, regulation or ordinance including those pertaining to the age and licensing of drivers. (c) Lessee shall ensure that all of Lessee's' employees who drive the Vehicles have valid drivers licenses, are covered by Lessee's insurance policy, and have received instruction in driving the Vehicles. The Vehicles shall not be used or operated, (a) for any illegal purpose or by any person under the influence of alcohol or narcotics; (b) in any manner or for any purpose that would cause any insurance specified in this Agreement to be suspended, canceled, or held inapplicable; (c) outside the state of California without the express written permission of NNA, or (d) in a manner causing depreciation above the normal depreciation associated with general 26472 commercial use. Under no circumstances shall any such driver be presumed to be an agent or employee of NNA. Under no circumstances shall Lessee disconnect any odometer or other mileage recording device. (c) Lessee may not make the Vehicles available for use by other persons or entities unless it has the prior written approval of NNA. In no event shall Lessee make the Vehicles available to automobile manufacturers or their agents, or automobile manufacturer suppliers or their agents, other than NNA and its designated agents. (d) Lessee may, after consulting with NNA and obtaining NNA's verbal approval, display and operate the Vehicles at promotional events within the State of California for the purposes of generating publicity for the Vehicles or enhancing public or government relations. Lessee may also, on occasion, after consultation with and written approval by NNA, display and operate the Vehicles outside of the State of California for the purposes of generating publicity for the Vehicles or for enhancing the public relations or government relations of the parties. (e) Lessee shall notify NNA of the locations in which the Vehicles will be used and/or garaged. If NNA requests return of one or. more Vehicles for any reason, including, but not limited to, NNA's inspection of the Vehicles, Lessee shall promptly make. the Vehicle(s) available for pickup by NNA at the location to which NNA first delivered the vehicles or at another mutually acceptable location. NNA shall advise Lessee of the reason(s) for such request. NNA will use reasonable best efforts to provide an alternate vehicle as replacement for any Vehicle(s) returned to NNA on a temporary basis. (f) NNA shall have the right to enter into Lessee's premises, upon prior notice, during normal business hours to inspect the Vehicles and Lessee's records. NNA shall give Lessee one business day's prior notice and, upon receipt of such notice, Lessee shall make the Vehicles available to NNA, at Lessee's facility or at another mutually acceptable location, for this purpose. 6. Taxes, Fees and Other Permits. (a) NNA ~hall assume responsibility for obtaining the necessary Vehicle rifles and for registering the Vehicles, including paying registration fees. NNA shall also obtain and provide Lessee with all necessary authorizations, permits, waivers, or exemptions which may be required of vehicle manufacturers by government agencies. Co) Lessee shall pay any taxes or governmental charges imposed in connection with the use and operation of the Vehicles (other than vehicle registration), including any special permits, licenses or taxes, required by the business of Lessee. Lessee shall also be responsible for all costs associated with insuring the Vehicles. 26472 7. Indemnity and Insurance. (a) Lessee shall maintain adequate workers' compensation, comprehensive general liability, automobile and property insurance coverage in amounts adequate to cover all claims and risks as required under this Agreement, naming NNA as an additional insured. The comprehensive general liability insurance shall have limits of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence and the workers' compensation insurance shall meet statutory requirements. The comprehensive automobile liability insurance shall have limits of not less than Five Million Dollars ($5,000,000.00) combined single limit per occurrence and shall include coverage for liability, collisions comprehensive and uninsured motorist. NNA shall be named as an additional insured on the general liability and automobile insurance polices and such policies shall provide that any notice of cancellation, expiration, non-renewal or material change in the insurance coverage shall be given to NNA in writing at least thirty (30) days in advance of any such event. Within five (5) business days of execution of this Agreement, Lessee shall furnish NNA with certificates of insurance evidencing the preceding coverage and listing NNA as an additional insured. (b) In the event Lessee is self insured, Lessee shall provide Lessor a certificate of insurance in lieu of a copy of an insurance policy. (c) Lessee shall bear the entire risk of the Vehicle being lost, destroyed, damaged or otherwise rendered permanently unfit or unavailable for use while the Vehicles are under Lessee's control. Lessee shall be responsible for any and all damage to the Vehicles, whether caused by accident or otherwise, excepting only normal wear and tear and damage caused by defects in the Vehicles' materials or workmanship. In the event of damage to any Vehicle, Lessee shall notify NNA to that effect and follow such instructions as NNA may provide with respect to repair or disposal of the Vehicle(s). If the Vehicle(s) can be repaired, as mutually determined by the Lessee and Lessor, Lessee shall be responsible for payment for any repairs, as set forth in Section 8(0 of this Agreement. If any Vehicle is lost, stolen, destroyed or is declared a total constructive loss, Lessee shall pay NNA an amount equal to the Vehicles' MSRP, which is $16,999. (d) Lessee, on behalf of Lessee and its employees, agents and subcontractors, assumes full risk of bodily injury, death, or property damage which Lessee, its employees, agents or subcontractors may suffer while driving the Vehicles. (e) Lessee will defend, indemnify, and hold NNA, its subsidiaries, parents, and affiliates, and the officers, directors, employees, and agents of each such entity, harmless from and against any and all losses, damages, claims, suits, actions, judgments, liabilities and all costs and expenses whatsoever, including, but not limited to, fees and expenses of legal counsel and expert witnesses, for injury or 26472 (f) death of any person or damage or loss of any property, including damage to the Vehicles, allegedly or actually resulting from or arising out of (i) Lessee's use, operation, possession, and maintenance of the Vehicles, (ii) any negligent or willful act or omission by Lessee or its employees, agents or subcontractors in connection with or in any way relating to this Agreement, or (iii) Lessee's breach of any provision of this Agreement. Within 24 hours of an aCcident, theft or conversion of any Vehicle, Lessee shall file a written report to that effect with NNA and the insurer of such Vehicle. Lessee shall promptly notify and furnish NNA with every demand, notice, summons, process and pleading received in every suit, action or claim brought against Lessee with respect to any of the Vehicles, and shall cooperate with NNA and any insurer in defending the same. NNA reserves the right to examine the Vehicle(s). 8. Acceptance~ Maintenance and Repairs. (a) Lessee shall inspect the Vehicles upon delivery and by acceptance thereof is deemed to find the Vehicles in good working order and condition. Co) (c) (d) Lessee shall maintain the Vehicle in good working order and condition, except that NNA shall be responsible for maintenance of the electrical powertrain components. Lessee-shal1 comply with all of.the provisions of the manufacturer's vehicle operating manual that came with the Vehicle, and with any special instructions by NNA to Lessee. Lessee shall notify NNA before performing any repairs and before performing any maintenance, other than minor and routine maintenance (such as replacement of windshield wipers). Lessee shall ensure that any Lessee employee who performs any repair or maintenance on the Vehicle (1) has the skills, experience and training necessary to properly repair or maintain the Vehicle and (2) performs only the repairs or maintenance authorized in advance by NNA. In addition Lessee shall NOT perform any repairs or maintenance on any. electric powertrain components. Any violation of the provisions of this paragraph shall be grounds for immediate termination of this. Lease. ._ For components other than the electric powertrain components, NNA will provide all parts necessary for routine maintenance, at no charge to Lessee, and Lessee will pay any labor costs associated with such maintenance. (If the parts are required as the result of accident or misuse, the provisions of Section 8(0 shall apply.) At the end of the lease term, Lessee shall return any unused maintenance items to NNA. Any parts related to the repair or servicing of a Hypermini that are provided by NNA will be forwarded to Lessee's facility in __ or another designated location that is acceptable to NNA. LESSEE MAY NOT PERFORM ANY REPAIRS OR MAINTENANCE ON THE ELECTRIC POWERTRAIN COMPONENTS. LESSEE SHALL NOT ALLOW ITS EMPLOYEES, AGENTS OR ANYONE OTHER THAN NNA 26472 OR ITS AFFILIATES OR DESIGNEES, TO PERFORM ANY REPAIRS OR SERVICING ON THE ELECTRIC POWERTRAIN COMPONENTS. (e) Lessee shall pay for all washing, parking, garage, electricity, tolls, and fines required or incurred in connection with the operation of the Vehicle. Between Lessee and NNA, Lessee shall pay for all repairs necessitated by any accident or collision involving the Vehicle (regardless of Lessee's fault). (0 Lessee shall be responsible for any costs required to repair the Vehicle if the Vehicle is damaged in an accident or as a result of Lessee's abuse or misuse of the Vehicle, up to an amount equal to the Vehicle's MSRP, which is $16,999. In the event of an aCcident or damage resulting from Lessee's misuse or abuse of the Vehicle, Lessee will notify NNA. If there is no damage to the electric powertrain components, NNA may, in its discretion, allow Lessee to perform the repairs. If the electric powertrain components are damaged, Lessee will make the Vehicle available for pickup by NNA and NNA will transport the Vehicle to its facilities for repairs. If NNA contracts with an outside body shop to perform some portion of the repairs, Lessee will reimburse NNA for the body shop's actual charges, with no markup. (g) Any repairs and servicing performed by NNA may, at NNA's sole option, be performed at NNA's facilities, either in Gardena, California or at another site chosen by NNA. NNA shall have the right to pick up the Vehicle at Lessee's facility and transport it to the repair facility selected by NNA for purposes of making such repairs. (h) NNA or its designee, shall make, and NNA shall pay for, all repairs to the Vehicles resulting from defects in materials or workmanship in any component of the Vehicles for the term of this Agreement. If the Vehicles are incapable of repair or replacement, as determined by NNA, the terms of Section 13 shall apply. 9. Technical Support. NNA agrees to provide technical support for the Vehicles over the term of this Agreement commencing on the date the Vehicles are accepted by the Lessee. Such support shall include, without additional cost: vehicle maintenance and operating manuals; telephone consultation; and a system for providing, in a reasonably timely manner, replacement parts for components other than the electrical powertrain components. If a problem is not resolvable through telephone consultation, NNA agrees to provide field engineering support as required and at its expense. 10. Training. NNA shall provide training for Lessee's fleet service personnel regarding maintenance and servicing of the Vehicles (other than the electric powertrain components). Such training shall be conducted at NNA's facilities in Gardena, California and Lessee shall be responsible for all travel costs associated with sending its personnel to attend such training.. 26472 11. No Other Warranties. Paragraphs 8 and 9 hereof set forth NNA's exclusive obligations to service or repair the Vehicles as a result of defects in the Vehicles. The parties agree that the implied warranties of MERCHANTABILITY and fitness for a particular purpose and all other warranties, express or implied, are EXCLUDED from this Agreement and shall not apply to the Vehicles leased hereunder. EXCEPT AS SET FORTH HEREIN OR IN THE OWNER'S MANUAL ACCOMPANYING THE VEHICLES, NNA SPECIFICALLY DISCLAIMS AIL WARRANT.S RELATING TO THE VEHICLES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Inspection and Report. (a) Lessee agrees to allow NNA to take the Vehicle back for other inspections or testing which NNA reasonably determines to be necessary. NNA will give Lessee as much advance notice of such inspections and testing as is practicable and will return the Vehicle promptly upon the conclusion of testing. Lessee will make the Vehicle available at its facility and'NNA shall be responsible for transporting the Vehicle to and from such facility. Co) Lessee agrees that it shall maintain logs and records regarding usage of all the Vehicles in the manner requested.by NNA, and shall instruct any Lessee employees driving the Vehicles to complete any evaluations or other reports requested by NNA. Lessee. also agrees to provide NNA with such mileage, maintenance, safety, operating, or other information or copies of any such records maintained by Lessee with respect to the Vehicles as NNA or any governmental agency may request. (c) Lessee agrees to allow NNA to inspect the Vehicles and to otherwise observe them in operation at such time and at the facility of Lessee as NNA may reasonably specify. 13. Termination. Lessee agrees to lease the Vehicles for three (3) years, except that the lease shall terminate as follows: (a) Upon expiration of the Lease Term. CO) Notwithstanding the above, NNA may terminate this Agreement at any time, upon thirty days prior written notice to Lessee, if NNA reasonably determines that such termination is necessary or desirable for safety or engineering reasons, for purposes of building a market for electric vehicles in California, or in order to ensure NNA's compliance with its obligations to the California Air Resources Board or with other laws or regulations. In addition, NNA may terminate this Agreement by giving five (5) days' prior written notice if (i) Lessee violates any material provision of this Agreement, (ii)in the event of the filing of any petition by or against Lessee under any bankruptcy, reorganization, receivership law, or (iii) if Lessee makes or suffers any voluntary or involuntary assignments, or attachment, lien or levy is made of or attached to the Vehicles. 26472 (c) In the event of termination by NNA before the scheduled expiration of the term of this Agreement, NNA shall refund to Lessee a pro rata portion of the lease payments made by Lessee. (d) If a Hypermini becomes unusable for any reasonable fleet use due to mechanical or electrical failure or due to damage caused by an accident, NNA will attempt to repair the Hypermini within ninety (90) days. However, Lessee shall not have the right to terminate the lease in the event the Hypermini cannot be repaired within ninety (90) days. 14. Assignment. Neither party shall assign this Agreement or delegate performance of any of its obligations hereunder without the prior written consent of the other party, except that NNA may assign this Agreement and may delegate performance of any of its obligations hereunder to an'entity controlling, controlled by or under common control with NNA without Lessee's prior written consent. 15. Confidentiality and Publicity. Lessee shall not disclose or publish to any party any information that relates in any way to the design, manufacture, evaluation, operation or performance of the Vehicles leased hereunder. Neither party shall publish or disclose any information that relates in any way to the terms ~of this .- Agreement -or the operation and performance of the Vehicles without the prior consent of the other party. It is understood, however, that some publicity about this Agreement and the Vehicles would be beneficial to both parties and that Lessor shall not unreasonably withhold its consent under this Paragraph. 16. Force Majeure. Neither party shall be liable for any failure in performing any provision hereof only to the extent that such failure is due to any cause beyond its control such as labor difficulty or strike, lack of availability of transportation services, flood, fire, lightning, unusually severe weather, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake or material availability, provided that each party promptly notifies the other in writing of the nature, cause, date of commencement and expected impact of the event and has exercised due diligence in proceeding to meet its obligations hereunder. 17. No Consequential Damages. In no event shall either party be liable to the other for any special, incidental or consequential damages, including loss of anticipated profits, resulting from the party's performance or non-performance of its. obligations hereunder. 18. Entire Agreement~ Amendment. This Agreement constitutes the entire agreement and understanding between the parties as to the subject matter of the Agreement and merges and supersedes all prior agreements, commitments, representations and discussions between the parties pertaining to this Agreement. This Agreement may only be amended, modified or supplemented by a written document executed by NNA and Lessee. 19. Non-Waiver. Failure by either party to enforce any term, provision or condition hereof, or to exercise any of its rights hereunder, shall not be construed as thereafter waiving 26472 such terms, provisions, conditions or rights and the same shall continue and remain in effect as if no such failure to enforce had occurred. No waiver shall be valid unless specifically stated in writing to the respective' representative of the party. In no event shall any course of dealing, custom or usage of trade modify, alter or supplement any of the terms or provisions contained herein. 20. Notices. All notices pertaining to this Agreement shall be in writing and Sent via certified U.S. mail, postage prepaid, to the representative of NNA or Lessee, as appropriate, at their respective address appearing as follows: to NNA: Nissan North America, Inc. 18501 South Figueroa Street P. O. Box 191 Gardena, California 90248 Attention to Lessee: .. · ~Attention: 21. Governing Law. This Agreement shall be construed and interpreted under the Laws of the State of California. Any litigation between the parties arising out of this Agreement shall be brought in Sonoma County, California. 22. Independence. Nothing in this Agreement shall be construed to make one party the partner, joint venturer, principal, agent or employee of the other. Lessee does not have authority to act for or bind NNA. No employee or agent hired by Lessee to drive or service the Vehicle shall be deemed an employee or agent of NNA. 28. Severability. If any court of competent jUrisdiction finds any provision of this Agreement to be unenforceable or invalid, then that prOvision shall be ineffective to the extent of the Court's finding, without affecting the enforceability or validity of this Agreement's remaining provisions. Execution of this Agreement indicates agreement with the terms stated above. The person signing for the-Lessee warrants and represents' that he or she is an officeror agent of Lessee, or has authority granted by an officer of the Lessee, to execute this Agreement on Lessee's behalf. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives as of the date first above written. 26472 Lessee Title: ~A~'¥ td~~ \ NISSAN NORTH AMERICA, INC. By: Nanle: Title: 26472 10 EXHIBIT A List of VINS 26472 11 EXHIBIT B ADDENDUM TO HYPERMINI ELECTRIC VEHICLE LEASE AGREEMENT NISSAN HYPERMINI RESTRICTIONS ON USE The Nissan Hypermini electric vehicle is designed and intended only for certain limited uses and is not designed for general roadway use. Therefore, Lessee agrees to observe all of the following restrictions while borrowing or operating the Hypermini: 1. NO CHILDREN MAY RIDE IN THE HYPERMINI. The SRS passenger airbag cannot be'deactivated and a child seat cannot be safely installed in the vehicle. This vehicle does not have a rear seat. Therefore, children 12 and under may not fide in this vehicle. They could be killed by the airbag. 2. The Hypermini may be used only by Lessee's employees and only for Lessee's business. The Hypermini may not be driven by anyone who is not an employee of Lessee, may not be taken home by any Lessee employee, and may not be used for commuting, personal errands or for any purpose other than a business purpose of Lessee. 3. The Hypermini may not be driven on freeways or at speeds in excess of 55 mph (89 kph). 4. The Hypermini is a right hand drive.vehicle. Please advise anyone driving the vehicle that, (1) areas of vision are different than in a left hand drive vehicle, and (2) controls for the mm indicators and wipers are reversed from that of a left hand drive vehicle. Please specifically instruct anyone driving the Hypermini to use special caution while operating this fight hand drive vehicle. 5. The Hypermini does not comply with U.S. Federal Motor Vehicle Safety Standards. This vehicle is being leased to the Lessee as part of Nissan's ongoing efforts to test and evaluate electric vehicles. This vehicle was designed to meet safety standards applicable in Japan. This vehicle is not being offered for sale in the United States and has not been tested to ensure compliance with U.S. Federal Motor Vehicle Safety Standards. 6. The Hypermini uses a Generation III charging port. This is a small paddle system that is not yet available at public charging stations. It is Lessee's responsibility to ensure that an appropriate charger and paddle are used when charging the Hypermini. 7. The Hypermini is equipped with special mn-flat tires. In the event of tire damage, the vehicle may not be driven more than 50 miles before repair or replacement. If a damaged mn- flat tire is driven more than 50 miles, the vehicle could be seriously damaged and this could 26472 12 result in an accident and serious personal injury. Additional information regarding the mn-flat tires is located in the vehicle's glove compartment. Lessee acknowledges that it has read and understood the preceding restxictions. Lessee agrees to instruct all employees operating the vehicle of the preceding restrictions and Lessee agrees that Lessee and all Lessee employees operating the Hypermini will comply with all of the preceding restrictions. Title: ~f'l"-t' I~{~Jb4,,~ \ Date: {5111 !or 26472 13 Exhibit C CONFIDENTIALITY AGREEMENT This Confidentiality Agreement (the "Agreement") is made and entered into as of this day of , 2001 by and between Nissan North America, Inc. ("NNA") and the , a ~ corporation ("Lessee"). A. NNA is leasing Hypermini electric vehicles to Lessee. B. In connection with this lease, Lessee will have access to certain information which NNA considers confidential and proprietary. C. . NNA and Lessee wish to protect the confidentiality of the confidential and proprietai'y information upon the terms and conditions set forth herein. 1. Confidential Information. Lessee specifically agrees that all of the following information is "Confidential Information" and shall be kept strictly confidential in accordance with all of the terms and conditions of this Agreement: (i) all data obtained or compiled by Lessee regarding the performance of the Vehicles, customer satisfaction with the Vehicles, mechanical issues relating to the Vehicles, maintenance records, or other similar information; (ii) the service manuals for the Vehicles; (iii) any information regarding Vehicle engineering or technology which is provided to Lessee by NNA or which Lessee learns while performing maintenance or service work on the Vehicle. 2. Disclosure. In consideration for the Opportunity to lease the Vehicles, Lessee agrees that it will not disclose or reveal any Confidential Information to any party, except that Lessee may disclose the' Confidential Information to those employees of Lessee who require access, to the Confidential Information in order to drive, service, maintain or ejvaluate the Vehicles2 Lessee agrees that it will instmct all such employees to keep the information confidential in accordance with the provisions of this Agreement. 3. Use. Lessee agrees that it will not use or, authorize anyone else to use, any Confidential Information for any purpose other than fulfilling its obligations under this Agreement and the Lease Agreement between Lessee and NNA.. 4. Exceptions. The obligations of confidentiality shall not apply iff (i) the Confidential Information is, or becomes (other than through a breach of this Agreement) generally known to the public; (ii) the Confidential Information was in Lessee's possession prior to its disclosure by NNA, as demonstrated by Lessee's written records; (iii) the Confidential Information was rightfully received by Lessee without obligation of confidentiality from a third party, as demonstrated by Lessee's written records; (iv) disclosure is required by law, provided 14 26472 that Lessee gives NNA prompt notice of the request for disclosure, cooperates with NNA, at NNA's expense in obtaining a protective order or other remedy, and discloses only that portion of the Confidential Information which it is legally compelled to disclose. 5. Copies and Return of Information. Lessee shall not make any copies of Confidential Information without NNA's prior written consent. Upon the conclusion of the vehicle lease, or earlier if so requested by NNA, Lessee will immediately return to NNA all originals and copies of the Confidential Information, including all notes, computer disks, records, drawings or other documents. However, Lessee may retain a single copy for archive purposes, provided such copy is kept confidential in accordance with the provisions of this Agreement. 6. Confidentiality Period. Confidential Information shall continue to be subject to the provisions of this agreement for five (5) years following the date of disclosure of the final item of Confidential Information. 7. Remedies. (a) Lessee recognizes that violation of its obligations concerning Confidential Information is grounds for immediate termination of any electric vehicle agreements in effect between Lessee and NNA. No such termination shall preclude NNA from pursuing any other remedies which may be available. .. (b) Lessee acknowledges that the Confidential Information is important, material and confidential to NNA. If Lessee breaches any of its obligations hereunder, NNA will be entitled to seek temporary and permanent injunctive relief, without the necessity of proving actual damages. Any injunctive relief shall not affect NNA's fight to seek monetary damages or any other remedies which may be available. 8. Miscellaneous. (a) This Agreement shall be governed by the laws of the State of California. ) (b) This Agreement shall be binding upon Lessee and its successors and assigns. (c) This Agreement contains the entire understanding of NNA and Lessee with respect to the subject matter hereof. This Agreement may not be modified or amended except in a writing signed by both NNA and Lessee. (d) If any court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, such provision shall be ineffective to ~the extent of the court's finding without affecting the enforceability or validity of the remaining provisions. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. NISSAN NORTH AMERICA, INC. By: Na/ne: Title: LESSEE Title: 26472 15 AGENDA SUMMARY ITEM NO. 6d DATE: February 20, 2002 REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (189-199 SOUTH SCHOOL STREET), PURSUANT TO GOVERNMENT CODE §25351 SUMMARY: The County Public Defenders Office has requested a waiver from the 60-day notification requirement, as established by Government Code §25351, to continue leasing the property at 189-199 South School Street. They have leased the building for the past five years, and the lease agreement recently came up for renewal. Government Code §25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before continuing to lease and occupy the building. As described in the attached letter, the Public Defenders Office simply intends to continue to utilize the existing office space and not expand or alter the building. If the waiver is granted, the Public Defenders Office plans to immediately execute a new five-year lease with an option to purchase the building. The subject site is zoned for a variety of commercial uses, and lies amidst the commercially developed downtown area. Using the existing office space as an office is an allowed use, and would not require descretionary review. Accordingly, staff can find no reason to oppose the County's immediate use of this site in the manner described, and, therefore, believes the 60-day noticing waiver is supportable. RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code §25351. ALTERNATIVE POLICY OPTIONS: Do not adopt the waiver Resolution, thereby requiring the County to wait 80 days to lease and occupy the building located at 189-199 S. School Street. Citizen Advised: N/A Requested By: Norma Leon, Office Administrator- County Public Defenders Office Prepared By: Charley Stump, Director, Planning and Community Development Coordinated With: Candace Horsley, City Manager Attachments: 1) Waiver Resolution; 2) Leon Correspondence; and 3) Location Map Candace Horsley, City r~nager RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, 1. Government Code §25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and 2. Government Code §25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and 3. The Mendocino County Public Defenders Office has requested a waiver of the 60-day notification requirement to continue leasing the property located at 189-199 South School Street for the purpose of providing space for offices; and 4. The Mendocino County Public Defenders Office has leased the subject property for the past five years, and desires to continuing leasing the property; and 5. The granting of the waiver will enable the Mendocino County Public Defenders Office to facilitate the continued use of the office building; and 6. The property located at 189-199 South School Street is zoned for commercial and professional office uses; and the intended use would be compatible with the existing land uses in the vicinity; and 7. The use of the property by the Mendocino County Public Defenders Office for office space would not be inconsistent with any City code, or the goals and policies of the Ukiah General Plan. 8. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino Public Defenders Office a waiver of the 60-day notification requirement to lease and occupy the property at 189-199 South School Street to provide office space. PASSED AND ADOPTED on this 20th day of February, 2002, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Marie Ulvila, City Clerk Resolution No. 2002- Page 1 of 1 Phillip Ashiku, Mayor Jeffrey E. Thoma Katharine L. Elllott COUNTY OF MENDOCINO QFFIC~ O~ THE PUBLIC DEFENDER 25), 2002 FAX NO. 463-6204 Att Planner Honorabie Mayor and Council: We have.been Ieasing.~e building located at 189-199 So. School Street for the past five years. The lease agt~ment ,rids Fe, bmsry 28, 2002. We wish to continue loa~g tl~ building for ~t. ~ditional five 7¢ar~, wi~ the option to purchase said offieo ~ace. This facility will be ns~l b7 .the ?nbli¢ [~ MNN OFFICE 1~ S. Smaol St. Uklah. CA 95482 [] COAST IRANCH OFFICE ?00 $. Franklin ~a~ 6 ' F~t Bragg, GA ~2J~; Ce,mmm,ci~l Please aCCept this l~ter as a r~que~-t to obtain a resolution from the City Council which would provide a waiver of the 60 day notification requirement as cit~ in Govctranent Co~ We hope to submit the agreemeat to thc Clerk of the Board' s offic~ by F~bruary 6 so it ~;an be placed on the Board of Supervisors' February 20~ agenda, for their approval. ; · . . Please contact me at 468-3384 fi'you anticipate any problems granting this request or i£there ate any additional requ~ements. If the resolution is ~opted, please give me a call and I will'piCklit ,. Your assistauce with this matter is very much appreciated. ' i ! I PERK/NS ST ,~ CHURCH ' ~m.m ST. ~ (.227)(.~) ',. Cb J ® .,, ~ ,oo'(e)l,,,' ,o' ~ · 00 ' Ioo ' MENDOCINO COUNTY PUBLIC DEFENDERS OFFICE 189-199 South School Street APN 002-226-07 ITEM NO. 8a DATE: February 20, 2002 AGENDA SUMARY REPORT SUBJECT: APPROVAL OF CONTRACT WITH THE RRM DESIGN GROUP FOR THE PREPARATION OF A GRADING, DRAINAGE, TRAILS AND PLANTING PLAN FOR RIVERSIDE PARK. SUMMARY: As the City Council is aware, we received a $120,000 grant from the State Coastal Conservancy to begin development of Riverside Park. The Phase 1 development includes perimeter fencing, riverbank stabilization/habitat restoration, and trail planning. Last year, we programmed this work to begin early in 2002, and be completed by the fall 2002 consistent with the terms of the grant agreement. However, we were recently notified by the Coastal Conservancy staff that because of State budgetary issues, The City would have to have the work completed this spring and all invoices for reimbursement submitted by April 15, 2002. The bid proposals for the perimeter fencing are due later this month, and Staff anticipates the fencing component of Phase 1 to be completed by the end of March. In an effort to expedite the trails planning and riverbank stabilization work, Staff sole-sourced a Request For proposals (RFP) to the RRM Design Group for the preparation of a Grading, Drainage, Trails, and Planting Plan. The RRM Design Group prepared the Concept Plan for the park in 1999. Staff believes sole sourcing the project to the RRM design Group is warranted due to the extreme time constraints placed on us by the State Coastal Conservancy, their broad expertise, and their strong familiarity with the site. The RRM Design Group has indicated in its proposal that it can accomplish the task of preparing the Plan within the tight timeframe for a cost of $45,000. This is less than we had estimated in our preliminary work program submitted to the Coastal Conservancy last year. Staff recommends approval of the contract with the RRM Design Group. (continued on page 2) RECOMMENDED ACTION: Approve contract with the RRM Design Group for the preparation of a Grading, Drainage, Trails, and Planting Plan for Riverside Park, and authorize the City Manager to execute the contract. ALTERNATIVE COUNCIL ACTION: Do not approve contract and provide direction to staff. Citizen's Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: Draft Contract A PPROVE~~.~,'~,~~ Candace Horsley, City IV~anager GRADING, DRAINAGE, TRAILS, AND PLANTING PLAN: The Grading, Drainage, Trails, and Planting Plan is an important first step in developing the park. It provides the foundation for "construction" activities, and will dovetail with the improvements anticipated with the grant being pursued by the Community Services Department. The Plan will include a Design Development Plan that would further refine the approved Concept Plan; a Grading Plan; Hydrology Plan, Trails System Plan, Erosion Control Plan, and Planting and Irrigation Plan. The Work Program will provide details for grading and draining the site to accommodate the improvements contained in the approved Concept Plan. It will also provide a detailed trails plan that will include trail location, widths, materials, American Disabilities Act (ADA) requirements, etc. Finally, the Plan will include a detailed approach to planting along the inside of the fencing and along the riverbank in the southeast corner of the property. The RRM Design Group will use the digital topographic mapping that the firm of 3di is preparing under contract with the City Public Works Department. This valuable resource will provide the site details needed to prepare the grading, drainage, and trails portions of the Plan. RECOMMENDATION: Approve contract with the RRM Design Group for the preparation of a Grading, Drainage, Trails, and Planting Plan for Riverside Park, and authorize the City Manager to execute the contract. CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF A GRADING, DRAINAGE, PLANTING, AND TRAILS PLAN FOR RIVERSIDE PARK This agreement shall be considered a contract, and is entered into this day of , 2002 by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and RRM Design Group, a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Site design Study, more particularly described in CONSULTANT's bid proposal, dated February 13, 2002 referred to as Exhibit "A", and attached to this agreement. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of such study which are determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional services as described in Exhibit "A," which consists of the Bid Proposal from RRM Design Group dated February 13, 2002, which is attached hereto and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 1.03 1.04 1.05 1.06 1.07 1.08 2.01 2.02 The absence, omission, or failure to include in this agreement items which are agreed by both CITY and CONSULTANT to be a part of normal procedure for a study of this type or which involve professional judgment, shall not be used as a basis for submission of inadequate work or incomplete performance. CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all findings, recommendations, studies, and reports shall be made and prepared in accordance with generally accepted professional practices. When the agreement calls for the preparation of studies and reports, they shall be in a form acceptable to the CITY. CONSULTANT shall bear the expense of all printing and reproduction costs not included as reimbursables in the proposal, until final reports are accepted by the CITY, at which time CONSULTANT shall turn over to CITY all documents subject to paragraph 7.01 and upon payment in full for services rendered. The schedule for the project, and the preparation of all work products shall be consistent with the schedule detailed in the bid proposal identified as Exhibit "A" (attached). Changes to the agreed upon schedule detailed in the proposal may be made only upon written consent by the CITY. Time is of the essence and of the utmost importance in the performance of the agreement. CONSULTANT shall prepare and deliver all draft and final work products consistent with the bid proposal. CONSULTANT shall be responsible for attendance at all meetings with staff, the general public, and decision-making bodies consistent with the submitted bid proposal. CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." Upon request, and its expense, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. 2.03 3.01 3.02 3.03 3.04 3.05 4.01 4.02 5.01 CITY will examine the required studies/reports, or other submittals from CONSULTANT and will render, in writing, decisions or comments pertaining to their adequacy and acceptability within fourteen (14) calendar days of receipt thereof. ARTICLE III TERM OF AGREEMENT The term of this agreement shall be pursuant to the proposal submitted by CONSULTANT as contractor's bid response and in accordance with paragraph 1.05 above. This agreement may be extended on its same terms and conditions for a period not to exceed thirty (30) days, upon written agreement between the Planning Director and CONSULTANT. The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph 1.05 above. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 and 8.04 and consistent with sound professional practices. If CITY requests significant modifications or changes in the scope of this project, the time of performance shall be adjusted appropriately. The number of days of said extension shall be agreed to by both the CONSULTANT and the CITY consistent with sound professional practices. ARTICLE IV COST OF SERVICES CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed $45,000.00, which includes all reimbursables, on a job completion basis. Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A." ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. 5.02 5.03 5.04 5.05 6.01 6.02 7.01 Payment scheduling: Total payment not to exceed $45,000.00, which includes all reimbursables. Fees for professional services as outlined herein shall be paid subsequent to the receipt of monthly invoices from CONSULTANT. Payments to CONSULTANT shall be based on monthly invoices submitted by CONSULTANT, with work items reported as set forth in Section 10.0 of Exhibit "A." Payments will be made by CITY within ten (10) days of receipt of funds from the State Coastal Conservancy (approximately thirty (30) days from the date CITY receives invoice from CONSULTANT) or within forty-five (45) days from the date CITY receives invoice from CONSULTANT, whichever occurs first. If CITY substantially alters the scope of work to include additional analyses, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS CITY acknowledges that the original studies, maps, plans, reports and documents together with such backup data as required by this agreement ("Documents") were produced by CONSULTANT for the Grading, Drainage, Planting, and Trails Plan, as discussed in Exhibit "A." CITY acknowledges that the documents were not prepared by CONSULTANT for any other purpose and that CONSULTANT does not assume any responsibility for the Documents if they are used by the CITY for any other purpose, or if they are disclosed by the CITY to any third party who uses the documents for any other purpose. CITY assumes the risk of using the Documents for any other purpose and shall not seek to hold the CONSULTANT responsible in any manner if the CITY uses the Documents other than for the design and construction of the Riverside Park. CITY shall only disclose the Documents only to third parties if required to do so by law. In any such disclosure the CITY shall include a notice that the CONSULTANT assumes no responsibility for the use of the Documents by third parties for any purpose. 7.02 8.01 8.02 8.03 CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non-employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided (subject to the provisions of paragraph 8.04), CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least ten (10) days prior to the date of termination specified in the notice. During this ten (10) day period CONSULTANT may use its best efforts to correct any performance issues identified in the notice. CITY, in its sole discretion, shall determine whether CONSULTANT has satisfactorily corrected its deficient performance. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01,5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate; provided, however, this section shall not prevent the CITY from exercising any equitable and legal remedies available to it arising from CONSULTANT'S acts or omissions in performing under this Agreement. 8.04.1 9.01 10.01 11.01 CONSULTANT is not responsible for delays caused by factors beyond the CONSULTANT'S reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of god, acts of war or terrorism, failure of any governmental or other regulatory authority to act in a timely manner, failure of CITY to furnish timely information or approve of disapprove of CONSULTANT'S services or work product promptly, or delays caused by faulty performance by CITY or by contractors of any level. When such delays beyond CONSULTANT'S reasonable control occur, CITY agrees that CONSULTANT is not responsible for damages, nor shall CONSULTANT be deemed to be in default of this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury is caused by the active and sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. ARTICLE Xl GENERAL COMPLIANCE WITH LAWS It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. 12.01 13.01 13.02 14.01 15.01 15.02 ARTICLE Xll ENDORSEMENT OF DOCUMENTS It is understood and agreed that, the CONSULTANT will endorse studies, reports, and documents in accordance with applicable portions of the Business and Professions Code of the State of California. ARTICLE Xlll NONDISCRIMINATION CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contract sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XlV INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS This Agreement shall be binding on each party's heirs, successors or assigns. Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. 15.03 16.01 16.02 17.01 18.01 In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVl EXTENT OF AGREEMENT This agreement shall consist of this agreement, the proposal submitted by RRM Desiqn Group dated February 13, 2002 identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XVll PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVlll NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail orwhen personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Director Planning and Community Development CONSULTANT/ CONTRACTOR: RRM Design Group 3765 South Higuera Street, Suite 102 San Luis Obispo, CA 93401 ATTN: T. Keith Gurnee, Principal 19.01 20.01 ARTICLE XlX DUPLICATE ORIGINALS This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of County Corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Candace Horsley, City Manager Date CONSU LTANT/CONTRACTOR T. Keith Gurnee, Principal IRS IDN Number Date APPROVED AS TO FORM: David Rapport, City Attorney Date EXHIBIT A RRM DESIGN GROUP Gobbi Street Riverside Park City of Ukiah Proposal for Design Development Services by RRM Design Group February 14, 2002 .. Project Description The following scope of services describes the work to be performed by RRM Design Group on behalf of the City of Ukiah for design development of Gobbi Street Riverside Park. The basis for the work will be the approved Concept Plan, dated October 20, 1999. Generally, the work performed by RRM will include refining the Concept Plan, a Design Development Level Grading and Drainage Plan for the park, a Design Development Level Horizontal Control Plan for the trail system, Details for the path, and a Planting Concept for the southern border of the park. The work contained in this proposal is not intended to be used for construction purposes. It is prepared as a design development package necessary to eventually prepare a full set of construction documents. .. Task A: Design Development Plan 'Budget: $11,000.00 Prepare a plan which refines the approved concept plan. This plan is necessary to resolve locations of design elements on the new topographic map. The plan will show greater detail for the layout of the path system, ball fields, pond expansion, parking and wetland areas. The scale of the drawing will be larger than the concept plan, and 'will be the basis for the plans listed in Tasks B, C and D. The work product will be a single plan with relatively detailed line work showing all park elements. The plan will accommodate one opporttmity for staff comments. Task B: Rough Grading Plan Budget: $10,500.00 Utilizing Client-provided digital topography for the site, RRM Civil will prepare a rough grading plan for the project site.. Thisplan will include th.e following components: · Proposed contours to the extent deemed appropriate by the project engineer to provide a basis for final design of the future park elements. · Slopes and spot elevations as deemed appropriate by the project engineer to facilitate the intent of the rough grading. · Earthwork calculations. Earthwork 'is limited to civil site improvements and does not include utility or footing trench spoils or shrinkage factors. Shrinkage may be included if a desired factor is supplied in writing by the City or the project soils engineer. · Proposed storm drain facilities as deemed appropriate by the project' engineer to implement the initial grading program in conjunction with the drainage program for the build-out. · Grading design for trails system. · Grading notes and miscellaneous details. Work Product: Approximately one (1) 30" x 42" grading and drainage plan at a scale deemed appropriate by the project engineer. San Luis O'bispo · Oakdale · Healdsburg · Los Angeles 3765 South Higuera Street, Suite ~o2 · San Luis. Obispo, California 934ox · Phone: 8o5/543-x794 · Fax: 8o5/543-46o9 · www. rrrndesign.com A California Corporation · Victor Montgomerlt, Architect 'czzogo · Jerry Michael, RC£ ~$6895, L$ '6'-76 · ]effFerber, LA ',_844 · . Gobbi Street Riverside Park City of Ukiah Proposal for Design Development Services Task C: Project Hydrology Program Fee: $6,500.00 In conjunction with the City of Ukiah engineering standards, a program for development of the site storm drain and detention facilities will be prepared concurrently with the rough grading plan. This program is necessary to produce a grading plan which considers the drainage of the site. This program report will include a project overview for development of future components and a guide for implementation of storm drain facilities as needed with development of the various park components. This report will function as a guide to the development program and will require addenda for sizing of specific component piping, ,,This task. is based upon' analysis of the project site only..Analysis oS~.the Russian River, downstream or off-site tributary al. eas or drainage facilities is not included. Work Product: Approximately one (1) project hydrology program report and related calculations. Task D: Horizontal Control Plan (trail system only) Fee: $5,000.00 Utilizing digital topographic mapping, RRM Civil will prepare an electronic base site plan for use by the project landscape architect. The trails system will be incorporated as directed by the project landscape architect. This task is limited to input of one proposed site layout and hardscape layout with one minor revision based upon Client recommendations with a maximum of two separate issues for Consultant use. This base plan will become the project horizontal control plan and will identify construction staking points sufficient to provide the surveyor information on horizontal locations of trail improvements, and various site components as deemed necessary by the project engineer. Certain civil construction items may be added to this sheet as deemed necessary by the project engineer. Work Product: Approximately one (1) 30" x 42" horizontal control plan at a scale deemed appropriate by the project engineer Task E: Erosion Control Plan Fee: $3,000.00 RRM Civil will prepare plans for temporary erosion control facilities. Temporary facilities will be proposed for protection of graded areas and drainage devices. Details and appropriate notes will be added for implementation. This task will be necessary if the City grades the site prior to develOping plans for full build-out. Work Product: Approximately one (1) 30" x 42" grading and drainage plan at a scale deemed appropriate by the project engineer. Task F: Planting and Irrigation Concept (southwest corner) Fee: $2,500.00 Prepare a concept showing planning along the border of the park and vineyard property at the south end of the project. The plan will illustrate the trees, shrubs, vines and groundcovers which may be used as a buffer. The plan will examine using the existing well at the park to provide irrigation water to the park planting. Task G: Meetings and Project Management Fee: $5,000.00 During the course of the project (February, March and April) meetings, phone conferences and a site visit will be conducted between RRM's team and City staff. For the purposes of this budget, this task assumes that there will be one initial site visit at the beginning of the work, two meetings with City staff, and a number of phone conferences. Gobbi Street Riverside Park City of Ukiah Proposal for Design Development Services Optional Task Following completion of the tasks listed above, the City may elect to develop plans for additional features of the park. Detailed fees and work scopes can be prepared for approval once the precise nature of the park is determined. Task H: Wetlands Grading and Planting (Optional Task) Fee: Add Service Prepare plan(s) that further define the design of the wetlands shown on the approved concept plan. This plan will show detailed contour grading at 1-foot or 2-foot..contot~r i~tervals and, specify hhe"wetland planting palette. Task I: Pond Expansion (Optional Task) Fee: Add Service Prepare plans including grading, drainage, construction and planting to further detail the pond expansion. The pond is assumed to be a feature with a natural water supply, no artificial or clay lining and no pumping or filtration system. Task J: Parking Lot Design (Optional Task) Fee: Add Service Task K: Soccer Field Construction Documents (Optional Task) Fee: Add Service Prepare horizontal control plan, construction plan, final grading plan, irrigation and planting plan for soccer field and immediately surrounding area. Task L: Baseball Complex Construction Documents (Optional Task) Fee: Add Service Prepare construction documents for ball field complex area including construction plan and details, final grading plan, planting and irrigation plans. Reimbursable Expenses Fee: $1,500.00 Expenses such as printing, fax charges, phone charges and travel will be billed at cost plus 10% for administrative handling. This estimate represents a budget only. All costs for direct expenses will be billed to the City of Ukiah. Limitations This scope of work includes only the tasks specifically described above. The scope and budget do not include the following: · Electrical Engineering or Lighting Plans · Structural Engineering · Geotechnical or Soils Engineering · Architecture · Mechanical Engineering · Surveying or Topographic Mapping · Environmental Studies or CEQA Processing · Land Use Planning and Zoning Amendments · Statements of Probable Cost or Engineers Estimates · Specifications · Public Hearings or Workshops n/XPO1105/Work Scope.021402 EXHIBIT B INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with he performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if CONSULTANT has employees who will directly or indirectly provide service or support CONSULTANT in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCE CONSULTANT shall maintain limits no less than: General Liability: $1,0000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Di Any deductibles or self-insured retentions must be declared to and approved by the City of Ukiah. At the option of the City of Ukiah, either the insured shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages ao The City of Ukiah, its officers, officials, employees and volunteers are to be covered as insured's as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance of officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Ukiah, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. C. Any failure to comply with reporting provision so the policies shall not affect coverage provided to the City of Ukiah, its officers, officials, employees or volunteers. d, The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the City of Ukiah. 3. All coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Ukiah. E. ACCEPTABILITY OF INSURERS F, Gl Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERIFICATION OF COVERAGE CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Ukiah before work commences. The City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTS CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. O0000000000 ~ ~ 0 O0000000 ~ 00 ~ 0 0000000 ~ ~00 ~ ~ o~oo~~ oo ~~ O~ ~ ~ ~ 0 ~ ~ ~ ITEM NO. 8b DATE: February 20, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NEW "SENIOR WATER TREATMENT PLANT OPERATOR" POSITION AND BUDGET AMENDMENT Regulations recently went into effect that significantly revised the Operator Certification Program for our distribution and water treatment employees. The new regulations require at least one Chief operator for each system or facility, and at least one Shift Operator for each operating shift. Currently, the City's Water Treatment Plant has one Supervisor who is certified as a Grade IV Chief Operator, and two shift operators with Grade III water certificates. The new regulations require the Grade IV Operator to be available (even if not on duty) to act as Chief Operator when the current Supervisor is on vacation or extended leave. Our current staffing level and certification levels do not comply with this requirement. In addition to the new certification regulations, a large volume of new work has developed at the treatment plant as a result of increased water quality testing and reporting responsibilities. Additional testing and reporting requirements, such as arsenic regulations will be adopted soon, along with new Environmental Protection Agency (EPA) monitoring and reporting regulations. These will add increased workload to the plant, along with continued hydro maintenance and water plant expansion issues in the near future. Due to these increased demands and the addition of new regulatory requirements, the Public Utilities Department has requested the addition of a new "Senior Water Treatment Plant Operator" position. This position would be required to hold a Grade IV treatment certificate and would provide Chief Operator coverage when the current Grade IV Supervisor is unavailable. This increase in staffing would also provide a necessary resource for completion of various maintenance projects that, at this time, are being deferred due to lack of manpower. Staff recommends approval for the addition of one full-time Senior Water Treatment Plant Operator. The proposed salary range is $3,266 - $3,970 per month, 7.5% above the Water Treatment Plant Operator position, and 10% below the Water Treatment Plant Supervisor position. The proposed position requires a budget amendment in the amount of $18,344 for Personnel costs through the end of the current fiscal year. A draft job description is attached for the Council's review. RECOMMENDED ACTION: 1. Approve Senior Water Treatment Plant Operator position and amendment to the 2001/2002 budget increasing personnel costs in accounts 820.3908.XXX.XXX by $18,344. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not approve the proposed new position and budget amendment. 2. Remand request to Staff for additional information. Requested by: Darryl Barnes, Director of Public Utilities Prepared by: Melody Harris, Personnel Officer Coordinated with: George Borecky, Water & Sewer Operations Superintendent & Candace Horsley, City Manager Attachments: 1. Proposed "Senior Water Treatment Plant Operator" job description 2. Proposed Salary Classification 3. Bud~endment Worksheet APPROVED: '~'~'~ .,/~.,Z~ ~ Candace Horsley, City M~knager 3:~per\asrSRVVTP VACANCY ANNOUNCEMENT SENIOR WATER TREATMENT PLANT OPERATOR/MECHANIC DEFINITION Under general supervision, to be responsible for operating and performing mechanical work on water pumps and related equipment in connection with the City water system; and to do related work as assigned. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E=Essential Duty; M=Major Portion of Time) Act as lead worker directing other plant personnel in various duties. (M) Inspect reservoirs, pumping stations, and chlorinating equipment in the water supply system. (M) Monitor and report any operating deficiencies or reduction of pressure in the system. (E) - Make recordings and change recording charts. (E) - Maintain operating logs and related records. (M) - Make repairs and adjustments to pumping, chlorinating, or recording equipment as needed. (E) - Take periodic water samples and perform water quality tests. (E) - Make major and minor mechanical repairs to pumping and related equipment. (E) - Rebuild and repair water meters. (M) - Perform flow tests and check elevation and turbidity of water under various pumping rates. (M) - May work on a water and sewer maintenance crew. - May assist in the operation of the City's Hydroelectric Plant. - Operate a variety of motorized equipment, such as a backhoe, dump truck, and loader. - Respond to citizen inquiries. - Submit required reports to various agencies. - Work flexible hours, including weekends and holidays. (E) - May act as Water Treatment Plant Supervisor as needed. (E) - Perform other duties as assigned. QUALIFICATIONS Knowledge of: Functions and operation of water pumping equipment such as fuel pumps, motors, chlorinators, electric pumps, and related equipment. Methods and materials used in maintenance and repair of pumps and related equipment. Principles of electricity, electronics, pumping, and hydraulics as related to the work. Water treatment methods and practices. Safe work practices. Ability to: - Establish and maintain cooperative relationships with those contacted in the course of work. - Understand and follow oral and written instructions. - Monitor the operation of equipment and any defects in operation. - Maintain records and prepare reports. - Make major and minor repairs to water pumping and related equipment. - Operate light and heavy equipment. - Work from plans, sketches, and written instructions. - Perform heavy manual labor and lift up to 50 pounds. - Tolerate changes in outside temperatures from winter to summer, and tolerate dust, pollen, wind, and rain. - Work flexible hours, including weekends and holidays. - Sit or stand for periods of up to four hours in duration. - Walk on uneven or steep ground. EXPERIENCE Three years of experience in the operations, maintenance, and repair of pumping and other mechanical equipment. EDUCATION High school diploma or GED certificate. NECESSARY SPECIAL REQUIREMENTS - Possession of a valid Class B California Driver's License as required for plant operation functions. (This position will be subject to the United States Dept. of Transportation and Federal Highway Administration regulations relating to controlled substance and alcohol use and testing.) - Grade IV California Water Treatment Certificate. RESIDENCY REQUIREMENTS All employees of the Water Treatment Plant shall maintain residency within a 20-minute notification to respond zone. PROBATIONARY PERIOD Employees serve a six-month probationary period. If performance is not satisfactory, an employee may be terminated or returned to their previous position during this time. APPLICATIONS Applications must be filled out completely and received by the Personnel Department by 5:00 p.m. on the final filing date. Resumes are encouraged, but cannot be accepted in lieu of an official application unless specified. All statements made on applications are subject to investigation and verification. False statements will be cause for disqualification, removal from the Eligibility List, or discharge from employment. SELECTION Applications will be reviewed by a screening committee and those applicants who appear to be among the best qualified will be selected for the examination process. This process may include a variety of techniques designed to test applicants' knowledge, skills, and abilities to perform the duties and responsibilities of the job. An Eligibility List will be established by ranking candidates by their overall score and a selection will be made from the candidates on this list. An offer of employment may be contingent upon passing a physical examination. SALARY $3,266 - $3,970 per month, plus medical, dental, vision, and life insurance coverage, paid holidays, vacation, and sick leave. The City is a member of the Public Employees Retirement System (PER), the employee's share of the PERS contribution is fully paid by the City, and the City has a 2% at 55 retirement plan. The City also provides approximately 4% of the employee's salary in flex plan dollars to be utilized as determined by the employee. FILING DATE Submit a completed City of Ukiah application form to the Personnel Office, 300 Seminary Avenue, no later than 5:00 p.m. on Applications received after the deadline or incomplete applications will not be considered. The provisions of this bulletin do not constitute an expressed or implied contract. Any provision contained in the bulletin may be modified or revoked. The City of Ukiah is an Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, sexual orientation, age, disability or marital status. In accordance with the Americans with Disabilities Act (ADA), if special accommodations are necessary at any stage of the testing process, please notify the Personnel Department in advance at (707) 463-6244 so your request may be reviewed prior to the occurrence of testing. 3:RECRUIT/SRWTP REV. 7/00 ~ '~ ~:r ~ ~ LE IMPLEMENTED ON 10/14/2001 7.00% In~r~a..;~, t0r l/iscella~e¢, ~?. EPMC ~ tr,:lud~s 7% Eml:loy~r Paid PERS Misc. Member Contribution 4.50% MOU increase; 2-.~,::~ ::~tween ranges MOIJ ,?fectiv~ I0,'t/2000. Second Year (2001-2002) R~ange 'Position A B L c 15 ...... D E - 1,676.9~ 1,76033 [_ 1,848.87 1,941.31 2,038.38 1-.--L 1,718.~- {~ ~ 1,989.84 2,089.33 1___.b Li..?t Ectuipment Service Attendant 1,7e1.87 ~ 2,039.58 2,141.56 18 1,8C5.92 i-----'---'- ~ ---'-'-" 1,896.22 1,991.03 2,090.58 2,195.11 19 1,851.07 ~ ~ -'-- ------------ 1,943.62 2,040.80 2,142.84 2,249.98 2~0 ! Recepdenist/CIerk typist 1,897.35 1,992.22 2,~ 2,196.42 2,306.24 2~1 Museum A..~nt 1,944.78 2,042.02 ---- 2,1--~-~-~.12 2,251._ 33 2,363.90 2~2 1,993.40' 2,093.07 2,197.72 2,307.61 ~ 23 2'"-~-- ;. 2,043.24 2,145.40 2,252.67 ! 2,365.30 2,483 57 25 2,094.32 2,199.04 2,308.99 2,424.44 2,545 66 -------- 2,146.68 2,254.01 2,366.71 2,485.05 2,609.30 2__.__.L Customersarvice Rep. I 2,200.35 I 2,310.37 2,425.89 · 2,547.18 ,.__2,674.54 2~7 Event Ceordinator 2,255.36 2,368.1'--"-'--'--'~' 2,486.54 2,610.87 2,741.41 28 Police Records Clerk 2,311.74 2,427.33 2,548.70 2,676.14 2,809.95 '128 Customer sa~/ice Rep. I1 228 General Sevices Attendant 328 Park/Golf Service Worker _428 .~ities/Sports Co-ordinator 29 Wa-__e~wvaterOperatorqn. Training 2,369.53 2,488.01 2,612.41 2,743.03 2,880.18 129 Building & Facir~es MainC Attendant 30 Pu~-ing A_~;¢..:,~ 2;428.77 2,550.21 2,677.72 2,811.61 2,952.19 130 Administrativesecreta~j 230 Accounts Payable Specialist 330 Customer Service Rep. III 31 Solid W~._~;e Disp.: _~.~_.' Maint. Attendant2,489.49 2,613.96 2,744.66 2,881.89 3,025.98 131 Per~ Leadworker 331 Pubic Wo~s Maint. 1 32 :.'.=~-r Reader 2,551.73 2,679.32 2,818.29 2,953.95 3,101.65 132 Parking Enforcement Officer 232 Water/sawerAtt~dent 1 (1) ~ 2,615.52 2,748.30 2,883.62 3,027.80 3,179.19 3~4 M...._~um Curator 2,680.91 2,814.96 2,955.71 3,103.50 3,258.68 35 Heavy Equipment Operator 2,747.93 2,885.33 3,029.60 3,181.08 '---3,340.13 135 Watar/Sewe~Attendant II (1) 33~ Pub~ Wodcs Maintenance II 36 W=ter~--:.:.'se~:eAtt~da,-~ (1) 2,816.68 2,957.46 3,105.33 3,260.60 3,423.63 136 Trealmant Plant Operator (1) 236' Water & Sewer Se~ice Attendant 37 Water/8=:.=r Leadwerker (1) 2,887.05 3,031.40 3,182.97 3,342.12 3,509.23 38 Equipment M~;,~anic ' 2,959.23 3,107.19 3,262.55 3,425.68 3,596.96 138 ~ay San/,=e Altendant 238 Landfill Scraper Operator ·. 338 WasteWater Treatment Plant Mechanic 39 rr-gir~-ir~ Tech~_'~i~_~ I 3,033.21 3,184.87 3,344.11 3,511.32 3,686.89 139 Senior Equipment Mechanic ~.~ Landfill Supen/isor Nater Treatment Plant Operator/Mechanic 439 Senior Equipment Mechanic 40 Admin;~b ~tive A~,~,~ 3,109.04 3,264.49 3~427.71 3,5~'~g.10 3,779.06 141 :Wa~,~T...-.;=rMai~t, nanceSupervisor (1) 3,186.77 3,346..11 3,513.42 3,689.09 3,873.54 42 ~l~'~ p&<~r~.J :.~'(-, W'~'~ ~? e~ ~ 3,266.44 3,429.76 3,601.25 3,781.31 3,970.38 43 , 3,348.10 3,515.51 3,691:___9 3,875.85 4,069.64 44 Engineering Tec~ni~a~ ~ 3,431.80 3,603.39 3,783.56 3,972.74 · 4,171.38 144 Senior Wastewater Treatment Plant Operator 45 3,517.60 3,6?3.48 3,878.15 4,072.06 4,275.66 ~ Le~-d Was~-.'~ter Tr-~i~ ,ent F;;.~,~ Operator 3,605.54 3,785.82 3,975.11 4,173.87 4,382.55 /~1~ Nater Treatment Plant 8upe~r ~-'~ 3,895.68 3,880.46 4,074.48 4,278.20 4,492.11 48 3,788.07 3~977.47 4~176.34 4,385.16 4~604.42 49 3,882.77 4,076.91 4~280.76 4,494.80 4,719.'54 50 Engineering ~t~ 3,979.84 4,178.83 4~387.77 4,607.16 4,837.52 51 4,079.34 4,_983.31 4,497.48 4,722.35 4,~_ .47 52 4,181.32 4,390.39 4,__~09.91 4~840..41 5,08_9_43 53 4,.~R-~ R~ 4~_ .14 4,725.15 4,961.41 5,209.48 54 4,393.00 4,612.65 4,843P_8 5~c'-~--=',44 5,339.71 55 4,50-9__R3 4~727.97 4,964.37 5,212.59 5,473 56 SaniorC~ En.,~;r,~r 4,615.40 4,846.17 5,088.48 5,342.90 5,610.05 y 128,258.94 134,b'71.g0 141,405.51 148,475.80 ' 107.000% 105.00% 105.00% 105.00% 105.00% Salary Schedules 10/9/01 Page 1 Mlac 10-14-431 III I -o 8 ~-E III I E ~- ~- II I / ~ _~ ~ ~o~ II I /.~ .N ~ ~:~ ~ 0 II ,I lc ~ .~ ~, = ~ ~ ~ ~ E II ~1 /~ ~ ~.~ E~ ~ . 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I1<11 ~ ' dd d ' o oo o o, I1~ I~1 ~ ~ ~ ~ ~ _ II~1~1 ~ ~ ~ ~ :K 0 ~ ~ O0 0 ~ ~ Z 0 ITEM NO. 8¢ DATE: February 20, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SUPPORTING PROPOSITION 40: CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 SUMMARY: On October 13, 2001, Governor Davis signed AB 1602 which places before the voters the "Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act" on the March 5, 2002 ballot. Passage of the bond act requires a simple majority for voter approval. Proposition 40 is the latest of a long line of park bond acts dating back to the 1920s. However, there has been only one park bond act approved in the past 12 years. The passage of the "Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000" (Proposition 12) provided much needed funds for park improvements and development. From Proposition 12 the City of Ukiah will receive approximately $96,000 based on population. In addition, the City applied for a number of competitive grants for the skate park, Riverside Park, Observatory Park, Anton Stadium, and the Softball Complex. All of which are still pending. Continued on Page 2 RECOMMENDED ACTION: Adopt resolution supporting Proposition 40: Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that support for Proposition 40 is inappropriate and do not move to adopt the resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Director of Community Services 1. Proposed Resolution of Support 2. Text of Proposed Law APPROVED: ~ Candace Horsley, Manager Proposition 40 allows the state to sell $2.6 billion of general obligation bonds to conserve natural resources (land, air, and water), to acquire and improve state and local parks, and to preserve historical and cultural resources. The bond money would be available for expenditure by various state agencies and for grants to local public agencies and nonprofit associations. If approved, the cities and counties with smaller populations will receive a higher minimum per capita allocation than Proposition 12. According to preliminary figures, the City of Ukiah along with other cities with a population below 45,531 will receive $220,000. Counties with a population below 423,145 will receive $1.2 million. In addition, the City will be able to apply for competitive grants. A short list of supporters for Proposition 40 includes: California Chamber of Commerce, California Federation of Teachers, National Trust for Historic Preservation, League of California Cities, California Organization of Police and Sheriffs, California Association of Councils of Governments, City of Santa Rosa, County of Sacramento, California Parks and Recreation Society, California League of Conservation Voters, California State Parks Foundation, California Urban Forests Council, Mendocino County ReLeaf, Planning and Conservation League. City staff recommends the Council adopt the resolution supporting Proposition 40: Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002. RESOLUTION NO: 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE PASSAGE OF PROPOSITION 40, THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 WHEREAS, California's state, regional, and local parks serve as recreational, social, and cultural centers for California's communities, providing important venues for youth enrichment and safety; community identity; protection of natural, cultural and historic sites, parkland and open space; and tourism, and WHEREAS, in order to maintain a high quality of life for California's growing population, a continuing investment in parks, recreation facilities, and in the protection of the state's natural, cultural and historic resources is needed, and WHEREAS, each generation of Californians has an obligation to be good stewards of these natural and community resources in order to pass them onto their children, and WHEREAS, California's citizens and visitors have increased their visits to state and local parks for healing and strength, sense of community, freedom and peace during these turbulent times, and WHEREAS, California is known for its incredible natural resources of open space, parks, mountains, rivers, coastline, and forests that positively impact the state and local economy, and WHEREAS, California's population will continue to grow; thereby placing more pressure on existing parkland and facilities, and WHEREAS, Proposition 40 will benefit every neighborhood of California by giving emphasis to neighborhood parks, creating opportunities for environmental education and outdoor recreation for youth, planting trees in urban areas, restoring rivers and streams in our cities, protecting open space, and providing youth jobs via the conservation corps programs, and WHEREAS, Proposition 40, the Clean Water, Clean Air, Safe Neighborhoods Parks, and Coastal Protection Bond Act of 2002, provides $2.6 billion for state and local park projects to preserve California's natural heritage and allow urban areas to expand much needed recreation facilities that serve children, youth, seniors, and families. Resolution No. Page 1 of 2 NOW THEREFORE, BE IT RESOLVED, the City of Ukiah supports the passage of Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002, and encourages California voters approve this bond act on March 5, 2002. PASSED AND ADOPTED on the 20th day of February 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Page 2 of 2 ITEM NO. 8d DATE: February 20, 2002 AGENDA SUMMARY REPORT SUBJECT: ACCEPTANCE OF THE UKIAH MEN'S SOFTBALL ASSOCIATION'S REQUEST TO TERMINATE PROPERTY LEASE AND ADOPTION OF BUDGET AMENDMENT FOR OPERATION OF A MEN'S RECREATION SOFTBALL LEAGUE SUMMARY: Last year, representatives from the Men's Softball Association contacted City staff to discuss financial and operational difficulties the organization had been experiencing. They indicated that due to rising operational expenses and organizational problems, the league would not be able to continue beyond the 2001 season. These issues have arisen primarily because of the on-going difficulty of maintaining an effective volunteer base. In the past, the league relied heavily upon volunteer labor and contributions. In recent years the volunteer support has dwindled and the league has been forced to pay for maintenance and other services. In order to ensure the continuation of softball for their members, the Board expressed interest in the Community Services Department assuming coordination of the program and responsibility for the softball complex. Continued on Page 2 RECOMMENDED ACTION: 1. Accept the Ukiah Men's Softball Association's request to terminate the lease of the property referred to as "Old Pump Station"; and 2. Authorize the Community Services Department to operate a men's recreation softball league and approve the amendment to the 2001-02 Budget for the operational expense of $18,594 and revenue of $25,500, for the remainder of the current fiscal year. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Accept the termination of lease and do not adopt a budget for a men's recreational softball league. 2. Determine the termination of the lease is inappropriate and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Men's Softball Association Sage Sangiacomo, Community Services Supervisor and Larry W. DeKnoblough, Director of Community Services Candace Horsley, City Manager 1. October 25, 2001 Letter Requesting Termination of Lease 2. Complete Fiscal Analysis 3. Proposed Men's Softball League Budget 4. Budget Amendment Worksheet 5. February 14, 2002 Letter of Support from the Soccer League APPROVED!,..~.. Candace Horsley, City~anager The property known as the "Old Pump Station" was originally leased to the Men's Softball Association in 1983 to allow for the development of three multi-purpose sports fields. Since that time only two fields have been developed and the original concept of multi-use has never materialized. In addition to the lack of development of the third field, Community Services staff has received numerous complaints over the years regarding poor field conditions and unsafe playing conditions. In response to these complaints, Parks staff conducted annual inspections of the fields that usually revealed several problems requiring improvements prior to commencement of play. In recent years, it has been necessary for Parks staff to be involved in maintenance and improvements as we utilize the fields for the City's co-ed softball league in the Fall. It has been the observation of senior Park staff that the fields and associate amenities have been in a steady state of decline. Based upon our discussions with the Men's League Board of Directors, it is unlikely the Association would be able to fulfill the development, maintenance and use requirements outlined in the lease. Specifically, the Board is requesting the City release it from the remaining term and conditions of the lease and that the City incorporate the men's softball league into the City's recreation program. The Board believes the City is better organized to administer activities at the complex and maintain the fields. As indicated in the attached letter, many of the current Board members would like to help coordinate the league with the City to ensure a smooth transition. After completing a fiscal analysis of the Men's Softball League, staff believes the City will be able to operate the program without any increase in team or player fees. The City has the organizational capabilities including full time coordinators and maintenance staff to more efficiently operate the program and facility. All the costs associated with the operation of the men's softball league will be offset by program revenue. The cost of operation of the league and facility during men's league play is estimated at $38,570, while the revenue generated by the league is projected at $40,250. In addition to the men's softball program, other uses of the complex, which may include soccer, little league and tournament play, will create new revenue opportunities including increased concession sales and rental fees. Currently, the facility is only used for softball less than six months a year. Representatives of the Ukiah Valley Youth Soccer Association have indicated that the fields could be used during non- softball play to help alleviate a growing need for youth soccer fields. Coordinated scheduling of the facility will allow for increased usage by a larger segment of the community. City staff recommencls the Council accept the Ukiah Men's Softball Association's request to terminate the lease of the sport fields east of Highway 101 off of River Street and approve the budget amendment for the Community Services Department to administer a men's recreation softball league. The operating cost necessary to administer the league through the current fiscal year (ending June 30, 2002)is estimated at $18,594 and revenue is estimated at $25,500. Fees are generally collected before play commences and thus revenue significantly exceeds expenses during this shod time frame. The league will be included with the other recreation/sports programs in subsequent budgets. 2001 UKIAH MEN'S RECREATION SOFTBALL LEAGUE BOARD October 25, 2001 We the undersigned members of the Ukiah Men's Recreation Softball League board have agreed to offer the Ukiah Men's Softball League facility located just off Highway 101 freeway, back to the City of Ukiah. We are in agreement to terminate the existing facility contract with the City of Ukiah. It is our belief that the City of Ukiah can better utilize this softball complex and that more members of this community will have the opportunity to participate in various sporting events at this facility. We as a board would like to continue our association with future Men's Recreation Softball Leagues and would like to offer whatever assistance and/or advise the City of Ukiah would need. We understand we would have no official status with the Men's Softball Leagues. It is our understanding that henceforth, the City of Ukiah will be responsible for all upkeep, enhancements and scheduling of events and the Ukiah Men's Recreation League has neither binding commitments nor obligations. We look forward to working together with members of the City of Ukiah in the future, if so desired. Regards and best wishes. Brad ~ii~~ rOelsid eLlkn~h Men' s S °fl;ball~~~~i~e _M~ie sim~i~' (Deceased) ., ~a~ -(~on ~enderson) (Charlie Rovera) (Mark Mirata) /Brd Member UMSB - 2001 Attachment 2: Fiscal Analysis of the Men's Softball League Fiscal analysis of the Men's Softball League is based on 2001 revenue and expense figures supplied by the Ukiah Men's Softball Association. Last year, 49 teams with more than 588 players participated in the league. Revenue and expenses will fluctuate from year to year based on participation. Historical records indicate that the league has grown steadily since 1983. Revenue (Based on 2001 Season) Teams Team Fee Sub Total 49 $450 $22,050.00 Players Player Fee Sub Total 588 $25 $14,700.00 Signs (Company billboards on outfield fence) Signs Sign Fee Sub Total 15 $100 $1,500.00 Concessions Percentage of Revenue Revenue Sub Total 20%* $10,000 $2,000 Total Revenue $40,250.00 Expenses (Based on 2001 Season) Supplies Bases $600 Balls $2,400 Chalk $300 Umpire Equipment $200 Scorekeeper Supplies $200 Trophies $1,500 American Softball Association - $600 Sub-Total $5,800 # of J145 1 $20 Staff # of Games # of Umpires Rate of Pay Total 1145 3 $18 $7,830.00 Games Head Umpire # of Games # of Scorekeepers Rate of Pa)/ J145 1 $10 # of Games Head Scorekeeper Rate of Pa)/ J145 1 $12 Hours Staff Administration Rate of Pa)/ 25O 1 $15 Hours Maintenance Rate of Pa)/ J200 2 $14 Supplies $5,800 Utilities $5,500 Staff $27,270.00 Total Expenses $38,570.00 $2,900.00 $1,450.00 $1,740.00 $3,750.00 $5,600.00 Employee Benefits JSub-Total $4,000.00 $27,270.00 Revenue $40,250.00 Expenses $38,570.00 Net Revenue* $1,680.00 *The current figures are for Men's League Softball only. There will be additional revenue generated through other uses of the complex, including tournament play, Co-ed Softball and soccer. In addition, the concession figures do not include sales during these other uses. ~Z r~ Z L~ o o c -- 0 fo~o~ z 0 UKIAH VALLEY YOUTH SOCCER LEAGUE P.O. Box 1142, Ukiah, CA 95482 February 14, 2002 UKIAH CITY COUNCIL Ukiah City Hall 600 Seminary Street Ukiah, CA 95482 Re: Mens' Softball Complex Dear Ukiah City Council: I write to you as the President of the Ukiah Valley Youth Soccer League, which program historically has had approximately 1,200 children from the Ukiah Valley practicing and playing in soccer games from mid-summer through October of every year. Additionally, some of our registered players play on travel teams which practice and play in games many of the other months of the year. I am sure that all of you have either experienced first hand as a parent or otherwise the multitudes of soccer players, both male and female, that participate in this wonderful sports activity every year. It is our understanding that the City Council is contemplating taking back the lease for the Mens' Softball Complex from the Adult Mens' Softball League, and maintaining this facility with City resources. It is also my understanding that a grant has been applied for to develop the middle of the three softball fields and otherwise refurbish the Softball Complex overall. It is also my understanding that the City designated this facility as a multi-sport facility from its inception, but that there has never been any sport other than softball that has utilized these fields. The Ukiah Valley Youth Soccer League would like to encourage the Ukiah City Council to both take back the lease regarding these facilities and to consider adapting portions of this Complex for use by the youth of the Ukiah Valley Youth Soccer League. We have preliminarily spoken with Sage Sangiacomo, and the concept of the Soccer League being able to utilize this facility appears very promising to us. As you are most likely aware, the Ukiah Valley suffers from a lack of sufficient field space for all of the soccer activity that takes place in this area. The fields that are in use are frequently crowded, occasionally double-booked, and often used too continuously without an opportunity to recover from heavy use. In this regard, the Ukiah Valley Youth Soccer League shares many of the fields we use with the Adult Mens' League and the Adult Women's League, all of which adds to this field shortage problem. UKIAH CITY COUNCIL February 14, 2002 Page 2. Although it is too preliminary to commit the Ukiah Valley Youth Soccer League, I can assure the City Council that the Ukiah Valley Youth Soccer League would seriously consider assisting any endeavor such as this on the part of the City of Ukiah with some limited funds and hopefully in-kind assistance from our hundreds of soccer families. Your consideration of these thoughts in deciding which direction to go with respect to the Ukiah Mens' Softball Complex is very much appreciated. Please do not hesitate to contact me if you have further questions. DR/cs DAVID RIEMENSCHNEIDER President ITEM NO. 8e DATE: FEBRUARY 20, 2002 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND APPROVAL OF RENEWAL OF CITY MANAGER'S CONTRACT The City Manager's contract is due for renewal. The contract of the City Manager may be considered in Closed Session (agenda item 11 b.) prior to public action regarding the agreement. RECOMMENDED ACTION: Take Appropriate Action Relative To Contract Renewal. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager N/A None APPROVED:,..~;L;:.~ . Candace Horsley, Cit anager mfh:asrcc02 0202CMContract ITEM NO. 8f DATE: FEBRUARY 20, 2002 AGENDA SUMMARY REPORT SUBJECT: REQUEST TO RETAIN OUTSIDE LEGAL COUNSEL This matter will be considered after conferring with the City Attorney in Closed Session (agenda item 11 d.). RECOMMENDED ACTION: After Conferring with the City Attorney in Closed Session, Take Appropriate Action Relative To Retaining Outside Legal Counsel. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Attorney David Rapport, City Attorney Candace Horsley, City Manager None Candace Horsley, Cit nager mfh:asrcc02 0202COUNSEL