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HomeMy WebLinkAbout2001-09-19 PacketITEM NO. 4a DATE:.. $.e. ptember 19.., 200'1 ,A,,G,,,EN,DA, SUMMARY , RE, POR, T SUBJECT: PRESENTATION REGARDING THE STATUS OF THE MENDOCINO COUNTY AMERICAN RED CROSS SUMMARY: American Red Cross (ARC) representatives will be attending the City Council meeting to make a presentation regarding the current status of the local chapter. This presentation was requested by Council during the August 1, 2001 meeting at which the Council approved deferral of the rent on the portion of the North State Street Fire Station leased by the ARC through September 2001. Currently, the deferred rent through September 2001 totals $7,430. RECOMMENDED ACTION' 1. City Council to receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry VV. DeKnoblough, Community Services Director None Candace Horsley, C~ty Manager MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, July 18, 2001 The Ukiah City Council met at a Regular Meeting on July 18, 2001, the had been legally noticed and posted, at 6:30 p.m. in the Civic Center Coun~ 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Smith, Libby, Baldwin Mayor Ashiku. Staff present: Public Utilities Director Barnes, Administrative Analyst Burck, Community Services Director Administrative Captain Dewey, Assistant City Manager I Risk Manager Harris, City Manager Horsley, Associate Rapport, Deputy Public Works Director Seanor, Publi Steele, Planning Director Stump, Executive City Chief Williams, and City Clerk Ulvila. following , and ~ua, ~blough, Chief Engineer er Yoast, Poi 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Al 3. PRESENTATION 3a. Mendocino County Youth Pr~ Karen Wandrei, representing City for funding their crisis c~ structure and services have the potential to be homeless a related to Family Court concerning continued to discuss activities related them that they ding all of th without M( Lpply. th in heir no County Youth Proj~ , thanked the rovided a histo~ ICYP and noted its ~. ~lscussed children who enrolled in school. Issues ~n were noted. She The state recently notified for an additional two or three years, Severa their for the work of MCYP. . 6a. Regular Councilm, advised that she discussed the minutes with City Manager Horsley of Commission/Committee Appointments" beginning on that the resolution that was prepared is not accurate 'e the City Clerk prepare the minutes regarding this section in at the next Council meeting so the item can be properly recommended approving the remainder of the minutes of the May 16,2001 exception of item "12e". explained that the Agenda Summary Report for item 12e had some , and therefore the process was a little different than what Council had Staff recommended returning at the next meeting with the verbatim minutes Regular Meeting July 18, 2001 Page ! of !6 from two different meetings concerning discussions on this issue, in order to have them clarified by Council. M/S Smith/Libby approving the minutes of the Regular Meeting of May 16, 2001 exception of item 12e, as submitted; carried by the following roll call v~ Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. :he 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR City Manager Horsley advised that there is a request fr speak about item "6f, Approval of Airport Hangar Leas~ Calendar. on the Consent::~::~:~,:~ii i Brian Brodowski addressed Council concern~ "Approval of Airport Hangar Lease with Doug Baker' hired more employees in order to be able to maintain the this proposal back to Staff and have the proposal submitted to discuss his business and its exp~ ~sion and noted that thc Airport for them to expand their ,'ept at the location Planeworks, which is the se Ag Consensus of Council was to Doug Baker" from the Consent Business. item the ~itted under item 6f, has expanded and -le requested Council send He continued at the occupied by the Hangar Lease with ir as the last item under New M/S Smith a. Ap b. C, ing items a and item g of the Consent Calendar as I, · Disburs~ :s for Month of 2001; the ~reement No. 4 between the Transmission city of Ukiah; to Coun ~t the Award of Bid for the Purchase of Wesco in the Amount of $6,378.91; City Council Regarding the Repair of an Influent Pump by Inc. for the Estimated Cost of $5,936.75, Plus Freight; Notificatk Council Regarding Additional Services Required for Itants to Complete the Drinking Water Source Assessment the State Department of Health Services for the Amount of $7,380.00. Rec~ Electric Me Notifi ~sa Pum uested item "6e - Adoption of Resolution Removing On-Street Parking a No-Parking Zone Along North Oak Street" be removed for further Regular Meeting July 18, 2001 Page 2 of !6 M/S Smith/Larson amending the motion to approve Consent Calendar items a, b, c, d, and g; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. Item "6e" will be considered as the last item under New Business on the 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mary Lindley addressed Council regarding their recent decision to ab( all commissions. She formally requested that Council agendize future. Bruni Kobbi noted her discussions with Public Uti establishing a City reimbursement program for system and how it would benefit both the City and matter be brought before Council for consideration for lear panels in the City's . recommended the~,, ::,:,::: ossible. '~i::~ City Manager Horsley explained that a d circulated to various departments. is currently being Rosalind Petersen, P.O. Box 499, Redwood Valley, School District Superintendent copy of the letter to Council to br Ukiah Unified ;he provided a her discussions. Marilyn Watkins discu,, attention to the City's responsibility Manor Schools. s courts and drew at both Nokomis and Oak Susan Wirthh~ !8 Arlington Park. The re. is no Park and prefer the park" can be oisy sport an( ac the Scott Freem; noted that a ~ery quiet ~rk. on behalf of residents near Vinewood of skateboard element in Vinewood neighborhood park. She noted that a skatepark should be established to 9y in favor of a skatepark at Vinewood Park and ge buffers the residents surrounding the park. He felt a skatepark ed the installation of a few elements for skate boarding at :ommend Council visit the skatepark in Santa Rosa and felt other more suitable for skateboarding than Vinewood Park. BUSINESS On and Approval of Voluntary Guidelines for Operation of Leaf in the City of Ukiah Services Director DeKnoblough advised that in response to previous Regular Meeting July 18, 2001 Page 3 of 16 Council direction, staff prepared guidelines relating to the use of leaf blowers in the City of Ukiah. The City's Parks and Golf Divisions last March enacted the Guidelines on a trail basis. They are voluntary by the private sector but mandatory for City crews. Staff attempted to schedule workshops with the landscape maintenance community but no response. He continued to discussed the new standards and limiting operation. Staff prepared a letter to be sent to all firms operating in the Council approve the Guidelines as proposed. Mary Lindley and Dick Seltzer were opposed to a Citywide ba leaf blowers. Use of leaf blowers by private property owners' was diSCL :'::' ::'i"i i !!i ii Scott Freeman and Tom Waters voiced their support for ~ ~n Councilmember Libby stated she is pleased with ii le cityi!ili?:i~ doing to be a good::,,~ii~,?~ neighbor. She voiced her support of the City's Guid but o~posed sending a letter t~ businesses. Discussion followed concerning staff's failed attempt was also discussion of whether the City should police its blowers and how the issue may be included within the Nui,, Councilmember Baldwin was may be the first step in pt recommended that if a recommended limiting the use of from August 31 through March 31. ping firms. There concerning the use of leaf Ordinance. the Guidelines community. He and Spanish. He 10:00 a.m. to 3:00 p.m. Further discuss concerning t lack of complaints received by the City Count the outli the resid~ business community would respond to the letter could be written stronger and better neighbors and that it would apply to both Imember his conc{ ned that he was supportive of sending a letter, however, he by private individuals and the continuance of air pollution. Mayor of landsca received in d his opposition to the letter and felt it would not alter the concern firms. He felt a letter would have had more importance if the City had Irom the landscaping community. ~RC Bal to approve voluntary guidelines for operation of leaf blowers in the that the hours of operation be limited to Saturday's from 10:00 a.m. to 3:00 g staff to send a letter to landscape professionals encouraging voluntary Regular Meeting July 18, 2001 Page 4 of ]6 compliance; failed to pass by the following roll call vote: AYES' Vice Mayor Baldwin. NOES' Councilmembers Larson, Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. Councilmember Larson explained that he voted "no" on the motion because letter would not have much affect. He recommended the City provide an arti~ Newsletter that explains the City's policy and ask for voluntary complianc. community and to be good neighbors with respect to the operation other noise generating machinery. hout the ............. rs and City Manager Horsley provided Council with a draft of the NE be distributed in August. She requested Council review the with their input by next week. 8. UNFINISHED BUSINESS 8b. Al~_Droval of Backup Generator A~reemen~ _ City Manager Horsley explained that when tht the radio tower with Edge Wireless, it was determin~ generator services to the tower in the case of an el( ease agreement for to provide backup was necessary. M/RC Larson/Smith approving by the following roll call vote: Ashiku. NOES: Vice-M; Generator Ag ~cilmembers Larson, None. AB~ ;carried and Mayor 8. UNFINISHED BUSINESS 8c. Status Report Regarding the City Manager Horsley advised that of the draft Joint reement the c( Attorney the Fire has ~n negotiatior consoli( and the Ci' ias set a date new ~ Octob{ Subc, ~ittee has completed its review Fire Authority and staff is now analyzing for final drafting. She explained that with its employees regarding the otiations with its paid staff to discuss the 001. Interim Fire attending the s of thankei 9mber Larson and City Manager Horsley for Fire District Board meeting on July 11th. accept the status report regarding JPA issues. Al B~ Employers is sup the Mendocino County Employers Council, advised that the ncil has a general policy opposing JPA's. However, the Employers Council the concept of mutual governments getting together and sharing things. SS is Report on Energy Conservation Program lities Director Barnes advised that, with the advent of the energy crisis in Regular Meeting July 18, 2001 Page 5 of id California, the state has instituted some new programs that the City of Ukiah is a participant. Administrative Analyst Burck explained that staff submitted, and received a ~m the California Energy Commission for funding on two energy conservation discussed SB5x and AB1 29x that were recently signed into law. SB1 5x million to municipal utilities for use in energy conservation programs. Of .0 million, the Northern California Power Agency (NCPA) received $8 million, the City of Ukiah's share is $80,000. This amount was determined base, rgy sales, its peak load, and the number of customers in the City. The were approved were to replace four of the 5-ton electric air code its that the roof of the Ukiah Civic Center with natural gas. The sec~i~ject ~as approv~ is to install a 6 kW photovoltaic module on the new buildj,~i!~{¢:'"'{~i Ukiah Civic Center. She discussed the extensive measure and verific attached to thes~ funds. Staff felt it would be better to use these.:: )n programs where staff felt certain they could comply with Discussion followed concerning reporting requirements the program, and conservation programs the City programs, appliance efficiency etc. There was also some Installation of 6 kW photovolt; It was staff's belief that in~ the City. necessary to work on as insulation programs, be formulated. was reviewed. result in a savings to Mayor Ashiku was supportive of a use his judgme would work program or l pro! felt Director Barnes should the Cityi" such as an appliance efficiency Public Directo~ ex the rams thc level. if Council provides direction to staff as to k would be best for the City, then staff will would be required and identify the funding of the Pul Imember of those S to efits increasing the C.A.R.E.S. Program and exploring the programs, as long as it does not become a gift lo may not need it. He was also supportive of using some of conservation programs. Director Barnes discussed the photovoltaic program and interconnection system. He discussed the establishment of an interconnection has been reviewed by the City Attorney that would limit the City's liability. ~r Libby inquired about the photovoltaic system and gas prices. She Regular Meeting July 18, 2001 Page 6 of :t6 requested staff bring forward information to Council that compares the price of natural gas to electric rates. Consensus of Council was to receive the staff report regarding the Energy Cons Program. ion gl NEW BUSINESS Discussion of the Environmental ImpactReport Miti¢ for the Orchard Avenue Extension and errs Creek Planning Director Stump explained that the matter before Coun~ Draft or Final EIR associated with this project, but rather to introduce He explained that ever since the Kmart store was a been contemplating a number of road improvements in stem from the environmental document that was com those road improvements were not included as miti~ as "project enhancements" that could ease traffi~ of the Kmart store. The improvements include constructing a single span bridge across the Ci'eek Brush Street. The General Plan also identifies an extens a laudable goal as a road extension for circulation pur south direction from State Street. ram the City art project. they were identifie~:::: hborhood to the north to errs Creek, ding:~::Orchard Avenue to Orchard Avenue, north, as in a north- The City had an Environmer potential impacts resulting the potential growth that would be County zoning of property in the commercial development without dis( Mendocino Cz and the mechani= d required, the pro! DiscL d Street. Ilowed re Jced as R) prepared addressing the le, improvements, and ect. He discussed the angle" would permit industrial and has been working with the id property owners to develop appropriate its and environmental review would be in the EIR would be honored. ~'s General Plan and proposed mitigations that are suggested at the end of Brush for antici unty Administrator Officer, inquired if staff has developed a this would be brought back to Council for action or further ... explained that there is a deadline in the agreement for construction of the Ied that there are some issues that still need to be worked out with the the need to obtain assurances for discretionary review, CEQA review, and program. er Horsley explained if there are major concerns about the mitigations being Regular Meeting July 18, 2001 Page 7 of ]6 recommended in the EIR, staff and the County want to be informed before the City begins to put the agreement together. After the agreement is drafted, staff will return to Council for certification of the EIR. After that is completed, staff can then move forward with the bridge ................... · Director Stump clarified that the bridge is proposed to be 40 feet long and and would allow for four travel lanes, two bike lanes, and sidewalks. Mayor Ashiku advised that his primary concern with some very ions contained within the EIR that will need to funded and Council will nee the growth inducing bridge is built, that there is an agreement? City a legal mechanism to pay for some of the off-site impro ~?. I to work with City staff to address those concerns in a closure as quickly as possible. Once the bridge is have been made, all the associated impacts thetili~ffi nee~,:~to be mitigated will b~ significant. He expressed his concern that the ..... :'*~'*::~::'":'~::~::~' ...... d b~'iii~ii~onsible for the costs associated with these improvements. It is im i s p.~!i!!~i~ EIR, the funding for those mitigations be identified. Councilmember Baldwin stated that the Orchard/Perkins cope without expensive gatio and felt there is a guarantee. He was supportive ~pment that is unique to the area, however, he associated improvements to the area, with not be able to to obtain a y sound mitigations for Councilmember Smith concurred costs of the mitigation measures and with the expressed regarding the continued discussions for these costs. There bythe Stre~ description and the area encompassed to include those improvements to Brush Discussion :ion measures in the EIR and that it is difficult to ,elopment that will occur. exist doing so o lack of a de,, his concern for the type of mechanism that would a discretionary review on this land, as opposed to its lack of He discussed the County's permit process and noted the review. He questioned how the City could anticipate the County's ability to in the area of discretionary review. He felt discretionary review is critical to project and would have significant impacts on the City. explained that in staff's discussions with the County, they seem very City's concerns of such issues and have talked about establishing an overlay Regular Meeting July 18, 2001 Page 8 of !6 zone on the Brush Street Triangle that would engage discretionary review. Staff expects that the City will be involved in partnership with the County to develop something that would be acceptable to both the City and the County. Councilmember Larson requested that the agreement with the County include. that discusses how the County will perform the discretionary review. He S could not support moving forward with the project unless there are assu~:.¢.,~,~,,,.~:,,,;;,;~,,~'"¢~s .... that th~ necessary mitigations are going to be met and paid for, and that other n ~e~ms are met for development of the area, to ensure that the projects will be ~,=;~l'i'ive a~'~ ~e the Oouncilmember Baldwin concurred with the comments of e~.ouncil~bers and that politics come into play because if the City is not rige~',~"'""~(~.~,~,expectations, then it leaves a great deal in the hands of the majority of the G~=t Boa~;;~f Supe~isors that not friendly to planning or discretionaw review. Th~;~i~y the~,~.i.~y needs to take a stron~ City Attorney Rapport discussed writing an a! discussed by Council. He noted that during the County officials they have acknowledged that they detailed. The agreement should be that they are legally required to on its outcome. Richard Shoemaker, 825 North City Council, he did not participate property to the project site. Now that Supervisors, he and County the amount of $ the City limits thi 18~'' address the issues staff has had with the to be more discretion will depend project was before the of the proximity of his Mendocino County Board of zed traffic issues and noted that the City ~intly to MCO~?,?;,,for $,TIP Funds to develop an on ramp for .w~t! He ~i~i~ention to a water issue related to the his opinion--~'~i¥~e project area should be zoned planned the ~iiii~'~sue between the City and County related to possibility that if the project is funded in the and the City of Ukiah has more road needs inside funds, and has no ability to make infrastructure improvements, it th[§,money due to time restraints or political jockeying. is not be that the County is willing to come to an agreement, but it because of a real concern for traffic mitigations and how it :ed. p,m, 9:45 p.m. er Horsley requested that item 9h - Approval of Airport Hanger Lease with Regular Meeting July 18, 2001 Page 9 of Doug Baker" be heard after item 9c. Councilmember Larson recommended a continuance of item 9h. Consensus of Council was to hear the matter after item "9c". 9. NEW BUSINESS 9c. Preliminary Discussion of Nuisance Ordinance City Manager Horsley explained that the proposed Nuisance consolidate all of the various codes into one ordinance so it's Additionally, there was a request to improve some of the commercial/retail areas. The purpose of the ordinance was residential areas but to ensure that commercial had some semblance of maintaining aesthetic value. Planning Director Stump explained that staff ,d ordinances that have recently been adopted ordinance more suitable for the Ukiah workshop reviewed a draft ordinance. Comments by included in the Staff Report and they considered whether ti the downtown commercial area or areas. He advised that the at this time, but is a matter proceed with this ordinan~ will be scheduled for discussion in public comment. He noted that would be codified in the City Code ordinance to He explained categories ~red Attorney ary not yet bE incorporated up to to in rules ,'s main corridors some of the ~s not proposed for i and to rection other nuisance developed an ommission in a ing Commission were linance ~ould focus on residential by Council as to how to Council, the matter and to receive adopted, the ordinance res to explain the t would be up to Council to address those ocument. He explained that the City Ordinance and his recommended document. on item "X" of the proposed ordinance. Director Stum ~d ordinanc be item "X" is a catchall if staff has missed anything in the as a nuisance elsewhere in the Code or by state City and desic things "County" in !ty has the attempt to consolidate everything into one ordinance, a provision in case there is a chance that something is missed. Those incorporated by reference. There was discussion of the reference to "X" and that the City shouldn't incorporate other jurisdictions' rules that the as its own. He recommended deleting the word "County" from item Regular Meeting July 18, 2001 Page ]0 of ]6 Councilmember Baldwin drew attention to item "Y" with regard to abandoned trailers and boats. He felt item "H" use of the term "overgrown vegetation" should be looked at closely and felt it is too subjective. Director Stump explained that the four items listed in item "Y" would be the what is meant by the terms "overgrown vegetation" ...... :::::::::::::::::::::::::::::::::::::::::::::::::::::: Councilmember Smith requested clarification of #4 under "Y". ..... ,,~,:~,?~,ii?i~':~i~!?ii?:i!?% City Attorney Rapport advised that this is a term that comes from c~i!~w and a nuisance that attracts kids onto the property where they may get h~iiii?~i~,i~::~ Pat Staffani, Mike Decker, and Mary Lindley were suPl ~e to assist in the prevention of such things as blight, groups g alcohol Observatory Avenue near Plowshares, and Kathy Crane, Al Beltrami, representing Employers Council, and Dick Seltzer all voiced and recommended that the Council consider the exi,, of the Mendocino proposed ordinance and enforce them. There was some discussion con properties adjacent to a Councilmember Larson ~:~::i:~i~ ...... ordinance and that the matter of a need for further clarification on the 'ning the protection of e. for those 'ion rocess, shoui~iiii!~ove forward with the ~,ordinance. He expressed Councilmembe~ ~. expressed construction a residenti; associateE this He also storage :1 on the in item of harm~ He with item "N" that refers to the storage of if there would be time restrictions concern with item "AA" regarding the ~quired about a time provision. He felt that More clarification is also need on item "FF". should be listed first, then the new ones. Councilm~ noted her concern for protecting the citizens and felt the ordinance ~::~,:~ii',~iii~;i,i~i,~i~e:,' .:.,.~vague and to peoples' pet peeves It was her o inion that existin vi0r~fl~ii~,~$hould be was opposed to the proposed ordinance. City Man~Horsle! that staff has a concern with some things that are not in the current ~e, noting deteriorating signs, cracked windows, and other things that may create a he~i and safety risk to the public or other conditions that are unsightly. ~:~:~'ii!:!!iiiiiiiiii!!~ii~ayor:~'~'~:'~::~:" A~~ was of the opinion that the proposed ordinance does not address the :~'~!!l"~inaL~"~erns of Council and centers on the downtown commercial area of the City. I" ~h as trash being kept out of sight, weed abatement, graffiti, and businesses that ~:.~:.~:~ Regular Meeting July 18, 2001 Page ~ ] of ]6 close but leave unsightly sign. Councilmember Baldwin felt it important to educate the public and felt there are class issues related to the ordinance, especially those that do not have much money to ................ their property. He stressed the importance of public input and appreciated staff. He noted that Council may have to consider allocating more funds he n~!iii~i~iii:,:~,i::::,. budget review for additional staff time to do community relations, public rel~ and code':~''~'':~:': enforcement work. Discussion followed concerning signs and exemptions related to was noted by staff that the matter will be addressed in a propo,, d be brought before Council in the near future. 9h (6f.) Approval of Airport Hangar Lease with De Community Services Director DeKnoblough dis, proposals for an existing hangar that was availal Three proposals were received and all pro and their intended use of the hangar. Staff met proposal, and is making a recommendation to Council Baker. City Manager Horsley noted th~ based, not just on the best pf Mr. Brodowski built a han¢ space. n lance for bids requestin~:~i:~'?:' kiah Regional Airport. of the business .ppli~'ants, evaluated each lease is awarded to Doug ,licant was told that th:~!ii~~ii~i lease would be best for the ~'~. She advised that o and a poin~iii~ere he requires more Director DeKnoblough explained operation, wh aircraft main instruction, and other business at the ~rt. ree were for a fixed-based Mr. Baker's proposal also included flight staff felt would be beneficial to the City are a 90-day the hangars, Horslt Rap prop ~at there:lards in the lease that indicate that if they It was also noted that the lease includes requiremen continued to discuss the process for occupying large and t-hangars. that there are no state requirements with regard to the the City needs to adopt, however, there are some term Horsley explained that in the future, larger Airport leases will be the Director DeKnoblough. Airport staff will continue to handle the smaller explained that several years ago a study was conducted of other rates both at other airports, and the current rates at Ukiah Regional Airport are based on Regular Meeting July 18, 2001 Page ]2 of ]6 Director DeKnoblough noted that all applicants indicated a number of improvements the hangar and substantial improvement to the entire Airport. City Manager Horsley explained that Mr. Brodowski has done a fabulous job at..~,~i~ and most recently organized Airport Day and he has been a great asset Staff recognizes Mr. Brodowski as a very valuable client and would like.~ii~ a way assist him with his expansion plans. .::~::,~i~!ii:~ii~i i[iii!iiiii~::~'~:=~iii"!i~i!~!iiiiii There was a brief discussion concerning subleasing a hangar and =:~:::.: read se~[ ~5. Assignment" of the proposed lease which restricts subleasing o:n the p"~es witho~:=¥~?~;~ wriEen consent of the Lessor. The City Manager can a 3[ ~in fina~.:~ng limitation~ however, other assignments would need City Council a ~:~:: ' Brian Brodowski thanked Mayor Ashiku and City Airport Day. He reiterated his discussions DeKnoblough. He discussed his ownership business. He proposed that the City conduct '~ would win. He felt this would be fair and that the current to discuss the avionics portion of his business and the need this business and space for their chanics. ,y for their participation er and Director to expand the the highest bidder is suspect. He continued s~ace to conduct Doug Baker, 964 Fairway Dr not solicit people to work signed, he will solicit people for industry is reputation. He stressed CDF, he is at the Airport six days a business. He various as proposal. the bid, he could Once the lease is key point of the aviation Although he works for oversee the operation of the of his proposed business, as stated in his Mayor noted thc that was to open' r bid for iden' selecting the business for this lease. He since all interested parties have already Discussion Aviati( :oncerning the bid process and how it stimulates competition. lease agreement with Doug Baker, dba Baker Brothers hangar. Libby voiced her concern with appointments to the Airport Commission ~r may have a conflict of interest if they own and operate a business Larson was of the opinion that the underlying problem is with the lack of it is difficult to foster competitiveness. He felt there is a need to develop an Regular Meeting July 18, 2001 Page 13 of 16 adequate land use plan for the Airport with a focus on the best use of the property. He was not comfortable about the way in which this all came about. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smitl Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: Non 9i (6e.) Adoption of Resolution Removing On-Street Parking and Est~ Parking Zone Along North Oak Street; Mary Lindley expressed concern that the matter was listed on the C no explanation. She inquired as to the rationale for establishing North Oak Street. . ............... Councilmember Larson explained that all Staff Report: County Library and at City Hall for public review. City Manager Horsley advised that staff will during Council meetings for the public to revie~ a No- ............. Cal~r:,with 'arking ~i~:~:,'ii~ p ~le at the Mendocino :~:::~:~:~iiii!::i i II packet in the foyer Public Works Director/City Engineer Steele discussed the safety issues at the North Oak Street presented to the Traffic Engineerinl .Committee for review. situation and recommends reasons. ~at Councilmember Libby ~d it was later ~d the for safety City Manager Horsley discussed parked on North Oak Street could West Smith Street. Rainbow North Oak and ~ith Streets, North Oak S1 modate the and how a large vehicle at the intersection on !ed at the northeast corner of issued a parking permit on the other side of in front of their business. 10:17 City Risk Bud M/RC establishing a Cou ENT: NI Horsley WOI from the meeting and advised that her place for the remainder of the meeting. 2002-02, removing on-street parking and Zone along North Oak Street; carried by the following roll call Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. . M/RC Lars, Repo ~ration and Approval of City of Ukiah Response to the Mendocino Jury Report approving and authorizing the Mayor to sign a letter of response to Grand Jury regarding Parking Lot C; carried by the following roll call vote: Imembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. None. ABSTAIN: None. Regular Meeting July 18, 2001 Page 1_4 of !6 . NEW BUSINESS Authorize the Director of Public Utilities to Execute the Agreement to Participate in the Unofficial Committee of Western Customers Public Utilities Director Barnes advised that the City of Ukiah has been committee of Western customers relative to the P.G.&E. bankruptcy illin! FERC filings. There has been an official debtor committee that has bee~ P.G.&E. bankruptcy and the City of Pale Alto has been selected to customers in California on that committee. The members of West~ group to channel input into that committee and to discuss other Council authorize the execution of a Joint Defense Agreeme~ that information between the municipalities and attorneys. This keep the attorney-client privilege so that the City can committees. City Attorney Rapport noted that there is no with this agreement. for the al continue participate in those the City associated Councilmember Libby requested that Director Barnes with NCPA, original dates and amounts, and current balan a list of the City's debts M/RC Libby/Larson authoriz~n~ participate in the Unofficial C( call vote: AYES: Coun( NOES: None. ABSENT: NOne. of Public Utilities to Customers; , ,y, · N~ Agreement to the following roll and Mayor Ashiku. . 9f. D, ' NEW BUSINESS ue of California Cities Annual Risk Man A would be get y wh~ cer Harris plans to conference. every year Council goes through this conference is given the authorization. that Councilmembers Larson and Smith notice 9. N 9g. Smi' Iing Councilmember Larson as the voting delegate and ate, and directing the City Manager to forward the League of California Cities; carried by an all AYE vote. !ment of Councilmember to Mendocino County Library Advisory Boarr~ appointing Councilmember Baldwin to the Mendocino County Library ; carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN' Regular Meeting July 18, 2001 Page ]5 of id 10. COUNCIL REPORTS Councilmember Smith reported that he plans to attend the MTA Board meeting next Wednesday. Tomorrow and Friday he will be in Fort Bragg for the commissionin~ :he MV Mendocino ferry boat. Councilmember Baldwin reported that he attended the Russian River meeting in Cloverdale on Saturday. Twenty-seven of the 54 members did not comprise a quorum. The economic caucus seems to want to:.~ the non-quorum had a 2 1/2 hour discussion of the concept of whi Council wants to become a formal non-profit agency and its 11. CITY MANAGER/CITY CLERK/DIRECTOR REPOR None. 10:29 p.m. - Adjourned to sit as the Ukiah Ri 10:48 p.m. - Reconvened. 10:48 p.m. - Adjourned to Closed Session. d Council but it but 12. CLOSED SESSION a. G.C. §54956.9(a)- Name of Case: No action taken. ation 13. ADJOURNMENT There being no further business, adjourned at 11 '11 p.m. Marie Ulvi Clerk Regular Meeting July 18, 2001 Page ]6 of :[6 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, August 1,2001 5b The Ukiah City Council met at a Regular Meeting on August 1,2001, the notice had been legally noticed and posted, at 6:30 p.m. in the Civic Center Coun, 300 Seminary Avenue, Ukiah, California. Roll was taken and. Councilmembers were present: Larson, Baldwin, and Mayor Ashiku. absent: Smith and Libby. Staff present: Public Utilities Direct~ Services Director DeKnoblough, Assistant City Manager Fierro, Officer Harris, City Manager Horsley, Acting City Attorney Joh Director/City Engineer Steele, and City Clerk Ulvila. following nity 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Alleg 3. APPROVAL OF MINUTES 3a. Regular Meeting of May 16, 2001' Item 1 M/S Larson/Ashiku to continue the matter of a Meeting of May 16, 2001, Item 12e only, to a meeting wi carried by unanimous consent, Councilmembers Smith ~e minutes of the Regular full Co cil is present; 3. APPROVAL OF MINUTE 3b. Special Meeting of M/S Larson/Baldwin approving th submitted; carried by the unanim< absent. inutes C( of June 6, 2001, as Smith and Libby 4. RIGHT T~ Mayor process . M/S h c of the Consent Calendar as follows: a. Received g the Purchase of Services from Ashford Heating and Coolin~ .= Replacement of Two Heating and Air Conditioning Units for the ,:::.::~,~,,,,~::~,~,~:,,:~,::,,::,~::,~,:;,,,~:::~,:: ::~,~' ::!c Ce ter ~n of $9,799 22' b.' ........ ,ed Budc~ ~nt for "Trees for the Millennium" Grant; c. ApP' ~ Budget ~ ~nt for Emergency Repairs at the Ukiah Regional Airpo~. Motion car~by the f~llowing roll call vote: AYES: Councilmembers ~rson, Baldwin, and Mayor Ashi~ NOES: None. ABSENT: Councilmember Smith and Libby. ABSTAIN: co.. .ms ~user, 309 Jones st., addressed Council concerning the most recent inte~iew Regular Meeting August 1,2001 Page i of ? process for applicants to various City commissions. She stated that she is supportive of Council interviewing applicants, however, she expressed her concern with some of the questions asked of her by Councilmember Libby during her interview for appointment to the Planning Commission. She stated for the record that she has worked with City sta~,,~::~ive years and has a good working relationship, and hopes that will continue. S~i~ important for Council to state their reasons for making decisions. Mary Lindley, Ukiah, called attention to Councilmember Baldwin's r in the Ukiah Daily Journal on July 29, 2001 concerning flags along her opinion that inaccurate statements were made in his letter and he 'e addressed the group that initiated the flag program if he had :oncerns. 7. UNUNFINISHED BUSINESS 7a. Discussion and Possible Action City Manager Horsley recommended this matter Libby, who requested this matter, is absent. ent Proces- sed since Councilmembe¥'~?' Consensus of Council was to continue the matter to a full Council would be present. in September when 7. UNFINISHED BUSINESS 7b. Discussion and Update of Community Services discussed potential sites reported that it is REMIF's policy th~ to be enclosed with a security fence circumstances, staff is not supportive uring n the visual im increased '~ng requirements needed at the parks. reported that. this matter was their resources Ivised that at thl 6 meeting, Council witi :'the Cityof Ukiah. He area would be required erating hours. Under these elements in City parks due to He Committee representatives and it development of a larger park. The Low Theater and o by the with the identifie~ for a skatepark are both located on Gap Park and west of the Ukiah Players site is ea,, ihe Ukiah Players Theater that is currently under ino County Office of Education (MCOE). He discussed meeting with Low Gap Road site and the City would need to come to an logistical and liability issues. He felt tht OE be the most ideal location for a skatepark because it is the has the proper configuration, and good visibility. MCOE is developing for a facility and have completed core testing. They have agreed to take development of the plans for the project on a fast track so that they can actual amount of land that they will need for their project. iku noted that the Staff Report indicates that it is not practical to provide any Regular Meeting August 1,2001 Page 2 of 7 elements in any of the City owned parks. During the meeting with MCOE Superintendent Tichinin, he felt it was made clear that they have a full development planned for that project and are moving forward at a reasonable pace. In reviewing other alternative sites, he felt it would be difficult to locate some of the skateboarding concepts elsewhere and it workable. There was also discussion of the site behind Ukiah Players Theater more viable option. Larry Wise, Willits, spoke on behalf of Superintendent Tichinin and re~ stated from MCOE that stated that MCOE and Superintendent Tichinin are Iing in the location of a site for a skate facility. He discussed the lair Fran Miller, Justin Capri, Carole Elshire, Mimie N., and J. ~ les v°i~'~itheir for the City to develop a skatepark in Ukiah and ex ~ ~ ~.with Ii'ability issues, and having a safe environment for skaters. Most of ~ ~ ~i~.ed their support for~, ~ the western site on Low Gap Road near the Uki~ ,r., Theater. Concern was als~ expressed that the County should help to ~ for t~ ~atepark since many of the participants live outside the City Limits. City Manager Horsley discussed liability issues ad ex agreed to cover skateboarding parks, they had certain order for the skateboard park to :overed by insurance. hat when the REMIF Board at had be followed in Councilmember Baldwin Playhouse would allow between the courts and the Mr. Capri responded affirmatively explained that he has suggested con= the park and activity of area number one choice. He irrier wall that would blend with problems that may be associated with the he skatepark could be closed during on skateboarding in the downtown ~ the skateboards. It elements in work with the City not pursue installation of individual consensus of Council that City Staff continue to School and the Skatepark Committee to attempt to resolve some fundrai: 7. UNFINI~ has been selected, the Skatepark Committee could begin iD BUSINESS for City Manager to Execute First Amendment to Agreement with For Use of Healdsburg Transfer Station er Horsley advised that Sonoma County is requesting modifications to the to clarify certain issues and establish penalties in the event of non-compliance. Regular Meeting August 1,2001 Page 3 of 7 She discussed her Staff Report that detailed the modifications requested and the previous agreement. Staff concurs with the amendments and appreciates Sonoma County's efforts to facilitate the disposal of our waste. An agreement between the City and SWS will be necessary to insure that any fees and all penalties are paid by SWS. "~'~:~ A brief discussion followed concerning a non-performance penalty, and it the new agreement states that SWS will be penalized if they do not abide was noted that SWS has the franchise for the Healdsburg Transfer St M/S Larson/Baldwin authorizing the City Manager to execute the Agreement with Sonoma County regarding use of the Hz Agreement with Solid Waste Systems, Inc. to pay all by the following roll call vote: AYES: Councilmembers La~ NOES: None. ABSENT: Councilmember Smith and 8. NEW BUSINESS 8a. Consideration of Red Cross City Manager Horsley advised that the Mendocino C, Cross currently leases a portion of the City's North North State Street, for $1,000 per month. They have been and City staff has been working She discussed a letter receive( asking the City to forgive for rent, as well as future addition, the Red Cross owes the approximately $2,500 if usage that Council defer, rather than waive is a possibility ti not occur, ti several is regard :hem. In June they had a led Cross describing ~ount of $5 1, for Ities , and Mayor Ashiku. · None. ~';~, .pterbf the American Red facility, located at 1800 on ~nt and utilities lost $25,000. situation and by the Red Cross rent of $7,430. In usage, which will be 2001. She recommended 2001, because there Red Cross may pay the debt. If this does be waived. In addition, there are be considered in the near future with of the Amerii relief on n people problems depend on services the~ in debt. St I, of Directors of the Mendocino County Chapter that they are a humanitarian organization that of disasters and helps people prevent, prepare for, and respond to provided by the Chapter is free and provided based serv~ possible by voluntary donations of time and money by ./. Unfortunately the Chapter is facing significant financial :h .. up as a result of the critical decline in the donations that they a steady increase in the services that they provide. She discussed the 'ovide and their fundraising efforts and how their last event put them further ed with the City Manager's recommendations and, if approved by II present a Recovery Plan to Council in September. Executive Director of the Mendocino Emergency Services Authority (MESA), Regular Meeting August 1,2001 Page 4 of 7 and Carole Brodsky, Executive Director of the Mendocino County Chapter of the American Red Cross, strongly urged Council to consider the waiving of the past due and future rents for the Mendocino County Chapter of the American Red Cross. M/S Baldwin/Larson approving deferral of Red Cross rent through September request presentation of the Recovery Plan by the Red Cross in September Discussion followed concerning staff's recommendation to defer, rath( debt. It was noted that the Red Cross has been very supportive the Homeless Shelter. Appreciation was expressed for the servict Cross to the community. . .............. Motion carried by the following roll call vote: AYES: and Mayor Ashiku. NOES: None. ABSENT: Councilm None. the to by Larson, Baldwin, Libby. ABSTAIN::,:.~:!i',~? 8. NEW BUSINESS 8b. Approve Extending Traffic Signalizati~ East Gobbi Street City Manager Horsley provided Council with additional with regard to making findings on matter. Orchard Avenue and ~ing the matter Assistant City Manager approved a traffic Avenue and East Gobbi Street. A~ constructing the intersection im applying for Mendocino Council supplement ~ies for the co~ It of Mayor 16, the City Council 3n of South Orchard staff is committed to the to five years. Staff will be s :0(3) infrastructure funds to of this capital improvement project. Discussi~ ling the would the develo to be raised from the fees and that it occur and the type of development. remaining, to MCOG and anticipated that, with the number of parcels cost of the signal. Therefore, the City is applying to supplement the development of the signal. She explained the Porzio Lane acreage because when it was originally set Engineer Steele explained that she received advice from City that the City could amend the Assessment District to include the Porzio would need to come back before Council with an action to amend the She explained that as per the original Resolution, the Assessment expected to collect 52% of the money towards the signal. Larson expressed his support to direct staff to broaden the assessment Regular Meeting August 1,2001 Page 5 of 7 district, based on the circulation and traffic stUdies that will be conducted, in order to develop the broadest nexus possible in terms of that assessment district, and any others that may be necessary. Discussion followed concerning the traffic studies already conducted. M/S Larson/Baldwin determining that South Orchard Avenue and East G( signalization fees has been appropriately reviewed, the fee is sti approving extending the traffic signalization fund for South Gobbi Street until all applicable properties have been fully findings in accordance with Addendum A-1 to the Staff Re call vote: AYES: Councilmembers Larson, Baldwin, and ABSENT: Councilmember Smith and Libby. ABSTAIN: traffic 8. NEW BUSINESS 8c. Approval of Aqreement with Cou Construction and Financing for the City Manager Horsley advised that the County architectural plans for enlargement and improvement on Plant Road. Under SB 1785, the Hayden Bill, the enlarge their facility. Due to legi.~ proportionate share of costs for represents the City's share of animals. The agreement be a state mandated as whatever they reimburse for. Th~ facility is $1.7 million. ocino [ion in the 90's, cities ~trol activities. A ', and and followin~ · Non~ ,st Sharinq of Facility ~n developing the nty's Animal Shelter facility :1 improve and to pay their ~=d that five years, ing on the number nties arc'successful in having this ;~share in that benefit as far cost of the animal shelter M/S Larson facility co~ roll call ABS of Mendocino for cost sharing of Shelter; carried by the following aldwin, and Mayor Ashiku. NOES' None. ABSTAIN: None. 1 Councilmemb, ~mitted as advised that his letter to the editor of the Ukiah Daily Journal not as a Councilmember. Ma, in Lake he can :u discuss~ article in the Press Democrat regarding geothermal facilities and th~ ar recharging of the geysers. He has further information to Council on the matter. 10. CITY M, CLERK/DIRECTOR REPORTS Horsley advised that last night she received a phone call from Supervisor Mayor Ashiku, and the Thomas family. Solid Waste Systems finally received from the County to construct the road and off site improvements, and they Regular Meeting August 1,2001 Page 6 of 7 began last week. Coincidently, this is the opening of pear season. She related her discussions with the Thomas' and that the City would do all it could to coordinate around their schedule. After meeting with the contractor and Solid Waste, they have agreed to pave the entire road by Tuesday night. She discussed the Thomas' concern with 60 trucks coming into that area in the next two weeks to process the pears. The appreciative of Solid Waste Systems for that consideration. Staff will monit during the next two weeks. She referred to the Mendocino County Air Quality District lett{ inviting Councilmembers to participate in an Air Quality Manag Councilrnember Baldwin expressed an interest in participat th. ~ncil Mayor Ashiku explained that a city is requesting the California Cities meet with them for one hour to dis~ Sacramento. He also advised that NCO has i~ Councilmember serving on their Board. to the League of gricultural issues in:~:,,~i:?:~ .... ;re is any interest in City Manager Horsley advised that she asked memo regarding NCPA's upcoming events. She th~ binder containing Staff Reports relative to the City Council Barnes prepared a City Clerk for providing a ~lic review. Adjourned to Closed Session 11. CLOSED SESSION a. G.C. §549567.6-Confe Employee Negotiations: Labor Negotiator: Candac, No action taken. 12.AD, There no further the City meeting was adjourned at 9:15 p.m. Marie Ulvila, Ci' Regular Meeting August 1,2001 Page 7 of 7 ITEM NO.' 7a DATE: September 19, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF AUGUST 2001 Payments made during the month of August 2001, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 33544-33642, 33780-33982, 33418-34207, 34208-34309 Accounts Payable Manual check numbers: 20582-20583 Payroll check numbers: 33643-33779, 33983-34117 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 August 2001. 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 Candace Horsley, C~ty !anager KRS:W ORD/AGENDAAUG01 APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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REPORT: In an effort to facilitate the repair of the nose plate at the Lake Mendocino Hydro Project the City of Ukiah is required to provide water diversion in the tunnel for the repair crews. In addition, we will only be allowed 2 hours without water flow through the tunnel. Use of the steel diversion wall utilized during the last repair would require approximately 8 hours to install. In order to meet the time constraint dictated by the National Marine Fisheries (NMFS) a faster method of installing a diversion wall was developed. Based on our research, it was decided that we could use an inflatable dam inside the tunnel to divert water around the repair area. The dam would be inflated with water and stapled into place. Although the method of diverting water will be faster, it is still estimated that 3 hours will be required to complete the installation. Since approximately 3 hours will be required to install and inflate the diversion dam, we needed to develop a way of storing water that could be discharged to meet NMFS' 50 cfs water flow requirement, during the additional hour needed for installation of the diversion wall within the tunnel. Our solution will be to install an inflatable dam across the river on the weir downstream of the plant. This will provide a reservoir behind the inflatable dam for release during the additional time needed to install the diversion dam inside the tunnel. Superior Dam, LLC is the only manufacturer we were able to locate that produces inflatable dams required for this application. Therefore, staff has contracted with Superior Dam, LLC to produce the two inflatable dams outlined above. Due to the short time constraint it was necessary to order this product as quickly as possible after we were informed that we would be allowed to facilitate the nose plate repair. We received notification of approval on August 30, 2001 and the dams were ordered on September 4, 2001. The repair is scheduled to begin on September 25, 2001. Therefore, staff is notifying the Council of this purchase pursuant to city policy. Funds have been budgeted for this repair effort in Electric Account 800-5536-250-000. RECOMMENDED ACTION: Receive and File Report. ALTERNATIVE COUNCIL POLICY OPTIONS: Defined Alternatives. Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Invoice from Superior Dam, LLC. Ap p ROVE D ::_ ~-'~ ~>"'~'~ Candace Horsley, City I~lanager Sales Invoice # SD-2001-0013 (Payment #1 of 2) Page 1 of 3 . .SI PERIOR "PressureSecured Dam Technology Solutions" Sold To: Ship To: City of Ukiah City of Ukiah 300 Seminary Avenue Corporation Yard - 1320 Airport Road Ukiah, CA 95482 Ukiah, CA 95482 Contact: Ann Burck Contact: Ann Burck All items on this invoice are for Date of Invoice: September 7, 2001 the ultimate destination of: Invoice #: SD-2001.0013 Ukiah, California Customer P.O. Number: Freight Del. by 8:00 AM - 9124101 to Est. Ship Date ii Delivery Ukiah, CA 95482 -- (As above) Vendor I.R.S. #: 68-0435181 Sept. 21, 2001 Description Quantity Quantity Unit Ordered Shipped Weight Unit Price Total Amount *** Expedited Fabrication Charge Applied *** Unit #1 - Plenum Dam Serial #: SDW2042404000 - KPLA.08.10.2001 - UKIAHC.01 ~/anDuzen' Model Superior Dam .6 meter/24-inch high by 12.80 meter/42-foot long. The 'DoubleTube One N/A 500 lbs. USD 7,075.00 USD 7,075.00 Barrier' section of this dam will be constructed of (01) (approx.) black 40-ounce nylon reinforced PVC. The 'PressureLock Skirt' on this dam will be constructed of black 40-ounce nylon reinforced PVC. There will be two (2) 2-inch threaded fill ports and two (2) 2- inch threaded drain.ports installed on this unit. 44 Sunny Brae Center · Arcata, CA 95521 · USA Toll FREE: 866.432.3267 (Continental U.S.A. Only) Local and/or International: 707.825.6688 · FAX: 707.768.3554 www.superiordam.com · e-mail: support@superiordam.com Sales Invoice # SD-2001-0013 (Payment #1 of 2) Page 2 of 3 "PressureSecured Dam Technology Solutions" Description Quantity Quantity Unit Ordered Shipped Weight Unit Price Total Amount *** Expedited Fabrication Charge Applied *** Unit ~r2. Weir Dam Serial #: SDW4080224000 - KPLA.08.10.2001 - UKIAHC.02 ~/anDuzen' Model Superior Dam 1.21 meter/48- inch high by 24.38 meter/80-foot long. The One 1,200 lbs. N/A USD 20,160.00 USD 20,160.00 'DoubleTube Barrier' section of this dam will be (01 ) (approx.) constructed of black 40-ounce nylon reinforced PVC. The 'PressureLock Skirt' on this dam will be constructed of black 22-ounce nylon reinforced PVC. There will be two (2) 2-inch threaded fill ports and three (3) 2-inch threaded drain ports installed on this unit. Equipment Rental Charges ($200.00 per day) This rental charge is for two (2) gas powered 3-inch $200.00 portable water pumps, various lengths of 3-inch discharge N/A N/A N/A per day USD 400.00 hoses, q"-reducers from 3-inch to 2-inch, various lengths of 2-inch feeder hoses, a gas powered Stihl Air-inflation package price unit plus all required fittings, cam locks and related plumbing accessories. 1 - 8-hour day of Technical Assistance Training @ $1,500.00 per day per person (including travel expense/lodging/meals). Two (2) Superior Dam, LLC technicians will be on-site to demonstrate how to install product(s) in varying situations and environments. Local work crews will then perform all tasks required under the direction and insured authority of the prime or general Two N/A N/A USD 1,500.00 USD 6,000.00 contractor for the City of Ukiah. (2) Superior Dam, LLC is not a licensed contractor and accepts no burden nor responsibility in regards to liability, worker's compensation, or related insurance coverages beyond their stated 'Manufacturer's Product Warranty' (see below). 44 Sunny Brae Center · Arcata, CA 95521 · USA Toll FREE: 866.432.3267 (Continental U.S.A. Only) Local and/or International: 707.825.6688 · FAX: 707.768.3554 www.superiordam.com ° e-maih support@superiordam.com Sales Invoice # SD-2001-0013 (Payment #1 of 2) Page 3 of 3 · PERiOR 'PressureSecured Dam Technology Solutions" Total Superior Dams CA Sales Tax @ 7.00% Est. Freight (to ZIP 95482) Technical Asst. @ $1,500 per person/per day Equipment Rental Total Amount Due USD 27,235.00 USD 1,906.46 USD 1,308.00 USD 6,000.00 USD 400.0( USD 36,849.46 Required Payment Schedule Payment #1 - With Order (50% of Superior Dam Order + Sales Tax) II USD 14,570.73 Payment #2 - Prior to Shipping (50% of Superior Dam Order + Sales Tax) II USD 14,570.73 Payment #3 - Adjusted Balance Due - Net 15-days (Tech. Asst. Training + Shipping & Misc. Exp.) II USD 7,708.00 Manufacturer's Warranty I As Stated: Superior Dam, LLC ('Company') warrants to the initial purchaser that their products will, for a period of one (1) year from the date of shipment from the factory, be free from: defects in the original construction materials; and, flaws resulting from errors in manufacturing workmanship if: (1) the allegedly defective product is returned freight prepaid to the Company at the address below; (2) the defective product has not been damaged, abused, modified, tampered with, misused or improperly maintained and/or repaired during the warranty period; and (3) the defect has not been caused by fire, explosion, earthquake, flood, natural disaster, improper installation or similar phenomenon. If, after inspection, Company finds that the product is defective as claimed by the initial purchaser, Company will, at its option, either repair or replace the product. Company makes no other warranty, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Incoming freight charges, including special packaging, handling, customs and broker expenses are not included in warranty coverage. No Company representative or employee is authorized to make modification or addition to this warranty. Company's maximum liability hereunder is limited to the purchase price of the product. In no event shall Company be liable for any consequential, indirect, incidental or special damages, whether alleged as a result of tortious conduct or breach of warranty, of any nature arising from any breach of warranty or use of any products thereof, even if Company has been advised of the possibility of such damages in advance. Some states do not allow limitations on how long an implied warranty lasts and/or do not allow the exclusion or limitation of consequential damages, so the above limitations on implied warranty and consequential damages may not apply to you. This warranty gives you special rights. You may have other rights, which vary, from state to state. 44 Sunny Brae Center · Arcata, CA 95521 · USA Toll FREE: 866.432.3267 (Continental U.S.A. Only) Local and/or International: 707.825.6688 · FAX: 707.768.3554 www.superiordam.com · e-mail: support@superiordam.com ITEM NO. 7c AGENDA SUMMARY DATE' September 19, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. M002 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 01-5049 SUMMARY: The City of Ukiah has been authorized to receive funding for its State Street Tree and Main Street Parking Lot Landscaping Project, Specification Number 00-02, Project No. STPLE-5049 (007), EA: 01-279974L. On June 6, 2001, the City awarded a contract to Ferranti Construction in the amount of $564,625 for this project. Of this total project cost, the City expects to receive reimbursement in the amount of $503,000; the total amount of Federal funding for this project. The attached Program Supplement No. M002 is the mechanism by which the State transfers funds to the City for reimbursement of eligible project costs. Staff recommends adoption of the attached resolution and execution of the attached program supplement. RECOMMENDED ACTION' Adopt Resolution Approving and Authorizing the Execution of Program Supplement No. M002 to Administering Agency - State Agreement for Federal- Aid Projects No. 01-5049. ALTERNATIVE COUNCIL POLICY OPTIONS: Elect not to proceed with the project and do not adopt resolution. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Enginee~'t~[,~: Rick Seanor, Deputy Director of Public Works.~,l ~ Candace Horsley, City Manager 1. Resolution for Adoption 2. Program Supplement No. M002 APPROVED: ~ Candace ' anager Horsley, AGprogSupp2.$UM RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. M002 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 01-5049 WHEREAS, the City of Ukiah has been authorized to receive federal funding for its State Street Tree and Main Street Parking Lot Landscaping Project, Specification Number 00-02, Project No. STPLE-5049(007), EA: 01-279974L; and WHEREAS, the City of Ukiah has previously executed the Agency-State Agreement (Master Agreement) on July 27, 1999; and WHEREAS, the Program Supplement must be executed between the Agency and the State prior to the Agency receiving federal funding reimbursement for eligible project costs related to Project No. STPLE-5049(007), NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah approves the execution of Program Supplement No. M002 and authorizes the Mayor to execute same. PASSED AND ADOPTED this 19th day of September, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2002- Page 1 of I PROGRAM SUPPLEMENT NO. M002 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 01-5049 Date: July 31,2001 Location: 01-MEN-0-UK/ Proj eot N,,mber: STPLE-5049(007) E.A. N,,mBer: 01-279974 This Program Supplement is hereby incorporated into the Agency-'State Agreement for Federal Aid which was entered into between the Agency and the State on 07/27/99 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: along State Street corridor (including cross streets) TYPE OF WORK: Landscaping, benches, sidewalks & curbs I.~INGTH: 0 (MIZ~IS) PROJECT CLASSIFICATION OR PHASE (S) OF WORK [ ] Preliminary Engineering [ ] Right-Of-Way [X] Construction IX] Construction Engineering Estimated Cost Federal Funds Matching Funds Q22 $503,000.00 LOCAL OTHER $671,635.00 $168,635.00 $0.00 $0.0C CITY OF UKIAH STATE OF CALIFORNIA Department of Transportation Date Attest Title Chief, Office of Local Programs Project Implementation Date Chapter I StatutesI Item I Year ~ JProgram/' )1 BC I Category Fund SourceI 50 1999 2660-101-890 99-2000 k,,..~0.30.500.466~ C 262040 892-F $503,000.00 503,000.00 Program Supplement 01-5049-M002- ISTEA Page 1of 4 01-MEN-O-UKI 07/31/2001 STPLE-5049(007) SPECIAL COVENANTS OR REMARKS 1. This Program Supplement will be revised at a later date to include other phases of work. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3. Ail project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal-Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 5. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. Failure to dO so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 6. TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) SPECIAL COVENANTS: 1. The Legislature of the State of California has enacted legislation by which certain Federal funds may be allocated to ADMINISTERING AGENCY by the California Transportation Commission (CTC) after being recommended for funding by the Regional TranspOrtation Planning Agency (RTPA) and approved by the Federal Highway Administration (FHWA) for the enhancement project submitted byADMINISTERING AGENCY as described in the Transportation Enhancement Activities (TEA) Application Form; and as such the Transportation Enhancement Activities (TEA) Program Supplement 01-5049-M002- ISTEA Page 2 of 4 01-MEN-0-UKI 07/31/2001 STPLE-5049(007) SPECIAL COVENANTS OR REMARKS Application submitted by ADMINISTERING AGENCY and all assurances contained therein are made an express part of this AGREEMENT. Should any conflict exist between the application and the AGREEMENT, the AGREEMENT shall prevail. 2. PROJECT shall be completed as provided in this AGREEMENT. 3. The PROJECT, or projects must be included in a Federally-approved Statewide Transportation Improvement Program (FSTIP) . 4. Federal funds may participate only in work which has been officially programmed to and authorized by FHWA in advance of its performance. 5. This AGREEMENT is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government and the California State Legislature for the purpose of this program. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or'funding of this AGREEMENT in any manner. 6. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program this AGREEMENT shall be amended to reflect any reduction in funds. 7. STATE has the option to void the AGREEMENT upon 30-days written notice to ADMINISTERING AGENCY or to amend the AGREEMENT to reflect any reduction of funds. 8. PROJECT downscoping and/or phasing will require another approval by both the appropriate RTPA/MPO and the CTC. No additional funds will be made available by the CTC for cost overruns. ADMINISTERING AGENCY will be required to downscope, split PROJECT into phases or provide additional matching funds to cover cost overruns. 7. Federal Transportation Enhancement Activities (TEA) funds are being applied toward the acquisition of Real Property for public Program Supplement01-5049-M002-ISTEA Page 3 of 4 01-MEN-0-UKI 07/31/2001 STPLE-5049(007) SPECIAL COVENANTS OR REMARKS benefit purposes. 8. Restrictive covenants, for said Real Property, which relate to change in land-Use, management and maintenance, transfer of title, etc. are described in the '"Agreement Declaring Restrictive Covenants," (herein referred to as Agreement). This Agreement shall be approved by the ADMINISTERING AGENCY and Caltrans prior to the recording. The Agreement will be recorded subsequent to the recording of the Grant Deed. 9. The ADMINISTERING AGENCY will reimburse the State for the ADMINISTERING AGENCY share of costs for work requested to be performed by the State. Program Supplement 01-5049-M002- ISTEA Page 4 of 4 AGENDA SUMMARY ITEM NO. 7e DATE: September 19, 2001 REPORT SUBJECT: AWARD PROFESSIONAL CONSULTING SERVICES AGREEMENT ON A TIME-AND-EXPENSE BASIS, TO RAU AND ASSOCIATES, INC., TO VERIFY THE IN-PLACE CONDITION OF THE EXISTING FOUNDATION LAYER AT THE UKIAH SOLID WASTE DISPOSAL SITE. The typical closure of a landfill includes constructing a "prescriptive cap" on the site, comprised of several layers of prescribed material over the garbage. The layers of a prescriptive cap include a two-foot thick foundation layer of compacted earth, a one-foot layer of clay, and finally a one-foot layer of topsoil that will support vegetation. The City's landfill closure consultant, EBA Engineering (EBA), has been working with staff to obtain approval of an "engineered alternative" cap for the Ukiah Solid Waste Disposal Site (Landfill) as allowed by Title 27, California Code of Regulations §20080(b). It is estimated that construction of an engineered alternative would avoid substantial increased closure costs. The Landfill on Vichy Springs Road has been in operation since 1955. The Landfill is constructed in "cells" or isolated volumes of waste completely surrounded by soil. It has been the practice to place intermediate cover on the cells at a thickness of two feet or more. EBA, together with the former and current Public Works Directors, and the City Manager, believe that the existing two feet of cover material, with some additional compactive effort applied, will be equivalent to the two-foot foundation layer of a prescriptive cap. The clay and vegetative layers would then be placed over that reworked layer. The objective is to create a foundation layer against which the clay layer can be compacted to achieve the Iow permeability required. As a part of developing the Engineered Alternative for this site, it is necessary to verify the in- place conditions of the existing cover. Verification work includes AutoCAD drafting and (continued on page 2) RECOMMENDED ACTION: Award professional consulting services agreement on a time- and-expense basis, to Rau and Associates, Inc., to verify the in-place condition of the existing foundation layer at the Ukiah Solid Waste Disposal Site. ALTERNATIVE COUNCIL POLICY OPTIONS: Choose not to award a contract at this time, and direct staff to solicit proposals from other firms. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Diana Steele, Director of Public Works / City Engineer Diana Steele, Director of Public Works / City Engineer Candace Horsley, City Manager 1. FY 2001/2002 Budget Sheet 2. Estimate prepared by Rau and Associates APPROVED~~'~.,~ '~,..... Candace Horsley'~ City Manager Page 2 AWARD PROFESSIONAL CONSULTING SERVICES AGREEMENT ON ATIME-AND-EXPENSE BASIS, TO RAU AND ASSOCIATES, INC., TO VERIFY THE IN-PLACE CONDITION OF THE EXISTING FOUNDATION LAYER AT THE UKIAH SOLID WASTE DISPOSAL SITE. DISPOSAL SITE. September 19, 2001 survey layout of the testing grid (approximately 100' x 100') over the entire site, mechanical auguring to verify depth of cover, soils testing to determine optimum density of the soils, nuclear-probe testing to determine actual in-place density at each location, backfilling the observation holes, and documenting and summarizing the findings. Rau and Associates, Inc. (RAU) of Ukiah, has a long-standing history of performing work at the Ukiah Landfill for both the City and for EBA Engineering. That work has totaled over $40,000 over the last five years. RAU has in-house expertise necessary for performing all the professional and technical work, and therefore would manage and coordinate the key resources directly. RAU is also a local firm, which will facilitate timely coordination and communication with City staff. RAU has the resources to begin the tasks immediately. This verification work is time critical. It cannot be undertaken after the rains commence, as equipment operating on wet slopes would cause damage. Water that might be allowed to infiltrate to the core of the landfill would then become contaminated. It is desirable to perform additional hydroseeding as soon as possible following the proposed work, to allow vegetation to establish before heavy rains. Completion of the verification work will also support the schedule for finalizing the design and justification for an Engineered Alternative, and the preparation of the construction bid documents. It is currently planned that design will take place this winter, with construction to begin next spring. In light of the immediate need to commence this work, and the specific experience and expertise demonstrated by the prospective consultant, staff recommends award of a Professional Consulting Services Agreement to Rau and Associates, Inc. on a time-and- expense basis, to verify the in-place condition of the existing foundation layer at the Ukiah Solid Waste Disposal Site. The estimate, prepared by Rau and Associates, Inc. included here as Attachment 2, totals $39,304. ATTACHMENT 1 z GEORGE C. RAU PRESIDENT WALTER HAYDON VICE PRESIDENT ROGER VINCENT VICE PRESIDENT AND ASSOCIATES INC. ATTACHMENT 2 CIVIL ENGINEERS · LAND SURVEYORS September 14, 2001 Diana Steele, Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Job Number R01234 RE: SCOPE OF SERVICES TO EVALUATE EARTH CAP OVER SOLID WASTE SITE AT 3100 VlCHY SPRINGS ROAD Dear Ms. Steele: As we have discussed, Rau and Associates, Inc. is prepared to provide some services to evaluate the earth cap over the solid waste site at 3100 Vichy Springs Road. The objective of the services are to confirm that the earth cap is at least two feet thick over the area and to provide information about the degree of compaction in the upper foot of materials. Our proposal will require the use of a subcontractor with equipment to provide minimal ground clearing at each point that will require compaction testing, to auger the holes and to backfill them. Lee Howard Construction has some small farm equipment which can accomplish this in the most economical fashion. The work will consist of boring a hole, three or four inches in diameter, on a grid of 100 feet over the entire soil cap. In addition, holes will be bored along the benches/haul roads which are over the solid waste on a spacing of approximately 50 feet. RAU will map all of the points on a base map of the site and identify each point by a letter and a number. RAU will set a stake at each grid point for identification purposes and for organization of the work. RAU will log the holes and compile them in a report, together with the map of the site showing the location of each boring. If the soil is consistently two feet thick or more, RAU will then do compaction testing on a grid of 200 feet over the entire site, utilizing the previously set points for reference. Initial ground clearing will be done by hand labor with heles* to provide a uniform clean area for compaction testing equipment. A report will include the results of the compaction testing. This report will be separate from the first, since it is for the City's use as a reference to plan future recompaction work. The same base map will be used, but areas having generally the same degree of compaction will be identified on it. We have included some gradings and hydrometer tests in our estimate because these may be useful in deciding how to perform the recompaction. Upon completion of the boring phase, RAU's subcontractor will backfill the holes by hand, tamping the soils firmly in place. The estimate provided includes supplying a water source if the materials are too dusty to compact firmly. This proposal is hopefully a worst case estimate. There are many conditions which are unknown and the work may progress more rapidly than estimated if soil conditions are not dry and dusty. We intend to work closely with you and your consultant to develop information which is useful, but not to perform work which is unnecessary. The field work is required to be done at prevailing wage rates and we have taken that into account in preparing the estimated cost of the project. The task-hour breakdown attached provides you with the basis for our estimated cost. 100NORTH PINE STREET · P.O. BOX M · UKIAH, CALIFORNIA 95482 ° 707-462-6536 · FAX707-463-2729 Diana Steele, September 14, 2001 Page 2 Thank you for this nitv to b. opportunity to .e of.service. ' '~- ~ ~ ,,:'..-. ..-,,,?,,z-?g.~. "':.'.',-, C_, 2~ 9'r~b ;:"j [ ~.. Attachments Task hour work sheets Very truly yours, George C. Rau President Registered Civil Engineer 21908 Registered Geotechnical Engineer 00710 Expires 9-30-2005 I I' I~l'l~l~l'l~l'l'l'l'l'l~l'l'l'l'l'i'l'l II ,,.I II II II II Z Z C C E I o~oooo~o~o~oo~ + + + o~o~~~~~ ~ o o~~ ~~ 0 0 0 00 0 O0 II %. LEE HOWARD (Prevailing Wages) Prep. Work Drill 300 holes Backfill 300 holes 20 hrs.@ 90 = 60 hrs.@ 109 = 50 hrs.@ 119 = Subtotal 5% Markup Total 1800.00 6540.00 5950.00 $1429O.OO 714.50 $15004.50 AGENDA SUMMARY REPORT ITEM NO. 7 f DATE: September 19, 2001 SUBJECT: AUTHORIZATION OF SOLE SOURCE PROCUREMENT BY EXECUTION OF AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH T. M. HERMAN AND ASSOCIATES, IN THE AMOUNT NOT TO EXCEED $10,000, TO PROVIDE PROFESSIONAL LAND SURVEYING SERVICES. Many processes related to development permits require review and approval by a licensed Land Surveyor. Items requiring review include Parcel Maps, Final Maps, Easements, Rights-of- Way, and related supporting documents. In order to assure that the necessary review is accomplished in a timely manner, the City has utilized consultants to provide these services due to staffing constraints. In April, 2001, staff contacted several qualified consultants in the Ukiah area to determine their interest in providing these services. All declined with the exception of T. M. Herman and Associates (TMH) of Willits, who serves in a similar capacity to the City of Willits. TMH is a local firm with easy access to the necessary records and an understanding of the City's local requirements. Those who declined supported the City utilizing TMH for this review, and the City entered into a contract in an amount not-to-exceed $5,000, in April of 2001. In those cases where work performed by the firm of TMH on behalf of developers requires action by the City, the work is reviewed by Coastland Civil Engineers. It should be noted that reviews of easements for electrical, sanitation and water are reimbursed by the developer to the City. Fees are also charged for processing Parcel and Final Maps, Minor and Major Subdivisions, Boundary Line Adjustments, and Certificates of Compliance, which partially offset the cost to the City. TMH's review of documents has been accomplished in a timely and coordinated manner. Tom Herman has committed verbally, and will confirm by accepting the amendment, to continue to provide the agreed to services at the hourly rates effective in the current contract. For the reasons listed herein, Staff recommends execution of an amendment to the existing professional consulting services agreement in the amount of an additional $10,000 for the continued services of TMH. RECOMMENDED ACTION: Authorization of sole source procurement by execution of amendment to consulting services agreement with T. M. Herman and Associates, in the amount not to exceed $10,000, to provide professional land surveying services. ALTERNATIVE COUNCIL POLICY OPTIONS: Choose not to authorize the amendment. Citizen Advised: None. Requested by: Diana Steele, Director of Public Works / City Engineer Prepared by: Diana Steele, Director of Public Works / City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Agreement with T. M. Herman and Associates dated April 9, 2001 2. Proposed Amendment No. 1 to the Agreement 3. Fiscal Year 2001/2002 Budget Sheet -'C~nda~ce Horsier/, (~ity Manager ATTACHMENT 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this. ~7 day of April, 2001, ("Effective Date") by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and T. M. Herman & Associates, Inc., a California Corporation, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires professional services related to the performance or checking of work requiring licensure as a Professional Land Surveyor, registered in the State of California. b. Consultant represents that it has the qualifiCations, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and Consultant agree upon the Scope of Work attached hereto as Exhibit "A", describing contract provisions for the services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION AND SCOPE OF SERVICES 1.1 Consultant shall provide the services as set forth in Exhibit "A", attached hereto. 1.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 2.0 CONDUCT OF WORK 2.1 Time of Completion. Consultant shall commence performance of services as required by the Scope of Work on or after the Effective Date on an as-needed basis upon request of the City Engineer, City Manager or other officer or employee of the City, if authorized by the City Manager to request such services. Consultant understands and agrees that the City reserves the right to use other employees or independent contractors to perform the same or similar services during the term of this Agreement. Consultant shall complete all requested work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 3.0 COMPENSATION FOR SERVICES 3.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a maximum dollar amount of $5,000.00. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel in effect as of the date of this contract which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be customary and' reasonable. Consultant's Schedule of Fees are attached hereto as Exhibit "B." 3.2 Changes. Should changes in compensation be required because of changes to the Scope-of- Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope of Work" means different activities than those described in Exhibit "A" and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Mar 2001 LS Agreement Page I of 8 3.3 3.4 4.0 4.1 4.2 5.0 5.1 Subcontractor Payment. The' use of subconsultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be in accordance with the Schedule of Charges attached as Exhibit "B." Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. ASSURANCES OF CONSULTANT Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants; and employees) is not City's agent, employee, or representative for any purpose. Conflict of Interest. Consultant understands that its professional responsibility is Solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Ins.urance Liability. Without limiting Consultant's obligations arising under Paragraph 5.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 -11 85. 2. !SO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 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, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Mar 2001 LS Agreement Page 2 of 8 C. D. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Professional Liability Coverage: $500,000 combined .single limit per occurrence. 'If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. 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 to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, 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 provisions of the policies shall not affect coverage provided to the City, 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. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from 11/07/01 to 11/07/02. Mar 2001 LS Agreement Page 3 of 8 E. F, G. 4. 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. Acceptability of Insurers Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. Verification of Coverage Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All CertifiCates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. Subcontractors 5.2 6.0 6.1 If Consultant uses subcontractors or sub-consultants, it shall cover them under its policies or require them to separately comply with the insurance requirements set forth in this Paragraph 5.1. Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. CONTRACT PROVISIONS Ownership of Work. Ali documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". Mar 2001 LS Agreement Page 4 of 8 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 7.0 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be govemed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire underStanding between the parties. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. Litigation. In the event a suit or action is instituted to enforce any of the terms and conditions of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. Termination. This Agreement may only be terminated by either-party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. Duplicate Oriqinals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: City of Ukiah, Dept of Public Works T.M. Herman & Associates, Inc. 300 Seminary Avenue 493 S. Main Street Ukiah, CA 95482 Willits, CA 95490 Mar 2001 LS Agreement Page 5 of 8 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CONSULTANT PRINT NAM E.' .'~~/~'/~ CITY OF UKIAH CANDACE HORSLEY, CITY tv~ANAGER Date: '/-~ '"~/ Date: . ('i/'-"~1 --(:3 / ATTEST BY: MARIE ULVILA, CITY CLERK Date: APPROVED AS TO FORM: ~ CITY ATTORNEY, CITY OF UKIAH Mar 2001 LS Agreement Page 6 of 8 . . SCOPE OF SERVICES Exhibit "A" Consultant is a firm that employees one or more Civil Engineers or Land Surveyors duly licensed as such under the laws of the State of California. Consultant agrees to provide to the City services as a Licensed Land Surveyor for the following: A. Attend City Council meetings as requested by the City Council, City Manager or City Engineer. B. To provide land surveying consulting services as follows: 1. To review Parcel Maps, Tentative and Final Subdivision Maps, improvement plans and reports which involve surveying and make recommendations thereon. Examples of related documents to be reviewed shall also include a variety of deeds, certificates of compliance, survey closures, etc. 2. To approve improvement plans and final subdivisions maps as the City Surveyor for the City of Ukiah, in accordance with the City's Subdivision Ordinance and State Subdivision Map Act. C. To provide land surveying advice and services atthe request ofthe City in connection with the maintenance, construction and rehabilitation of sidewalks, curbs, gutters and streets, storm drains, parking lots, landfill, and any or all other engineering and land surveying services required by the City. D. On any project requiring the services as outlined in Paragraph C above, and requiring Consultant's services in a project amount in excess of five thousand dollars ($5,000), Consultant and City shall negotiate and reach mutual agreement regarding any appropriate amendment to this Agreement providing additional compensation for services related to such project. Mar 2001 LS Agreement Page 7 of 8 Exhibit "B" T.M. Herman & Associates, Inc. Surveying, Engineering and Planning Services 493 South Main Street Willits, CA 95490 SCHEDULE OF CHARGES Statements are mailed at monthly intervals and upon complet!on of work segments when appropriate. Payments are due upon presentation of statement and.are overdue 15 days from the date of the statement. Requested overtime Mil be billed at 150% of regular hourly rate. I4OVR ¥ CHARG} TtS FOR STAi3F '" POSITION HOURLY RATES Licensed Land ~urveyor ..... $ 80.00 Registered Civil Engineer .... $ 80.00 Expert Witness/Testimony. . ..... I~ $ 90.00 One-Man Survey Crew / O.P.S...equipment ... i $125.00 Two-Mai~ Survey. Crew I $125.90 Technician 1$ 60.00 Clerical ............ .15 25.00 REIMBURSABLES The following direct charges are charged in addition to the hourly charge rates set forth above. Direct Charges: Blueprints and copies of reports, prints or other graphic material in excess of six copies per item. Mileage - portal to portal i$ 1.50/ea. iS .35/mile as invoiced Outside consultants, subcontracted services, and rental equipment. Additional travel expenses such as lodging and meals. i as warranted NOTES: This fee schedule is subject to review and adjustment, on an annual basis. Mar 2001 LS Agreement Page 8 of 8 ATTACHMENT 2 CITY OF UKIAH AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services dated April 9, 2001; shall remain in force and effect except as modified by this first amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under "SCOPE OF SERVICES" attached as Exhibit A to the original professional services agreement, on a time and expense basis, not to exceed the total amount of compensation identified under "COMPENSATION" below. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Additional expenses shall not exceed a maximum total cost of $10,000. EXECUTION T. M. HERMAN & ASSOCIATES CITY OF UKIAH BY: BY: PRINT NAME: CANDACE HORSLEY TITLE: City Manager DATE: DATE: Amendment No. I to Agreement for Professional Consulting Services A'I-I'ACHMENT 3 0 o 0 0 AGENDA SUMMARY ITEM NO. 9a DATE: September 19, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURSE The Parks, Recreation, and Golf Commission discussed an adjusted fee schedule for the Ukiah Municipal Golf Course during its regular meetings of July 17 and August 21, and at a special meeting of September 11. In addition to the Commission meetings, staff held a public workshop in the Council Chambers on September 4 and met with a subcommittee of three Parks Commissioners and Men's and Women's Club representatives on September 6. There were no public in attendance at the first two Commission meetings and a total of seven members of the public at the September 11 meeting. The immediate purpose of the fee adjustment is to offset annual operational deficits, which have resulted in a loss of approximately $210,000 over three years. As staff noted during Budget hearings the current budget projects expenditures exceeding revenue by $110,728, which will consume the entire $90,771 existing fund balance, resulting in a $19,957 deficit fund balance. In order to eliminate the budget deficit and reverse the downward trend in reserves, the Commission has proposed not only an immediate adjustment to the fee schedule as defined in the attached Resolution but also an incremental cost of living increase, based upon the Consumer Price Index (CPI), each year through 2006 to offset inflation. Based upon an average annual total of 40,000 rounds, the attached fee schedule is estimated to increase golf course revenue by approximately $100,000 per year. This would place the projected total annual revenue between $600,000 and $620,000. (Continued on Pa.qe 2) RECOMMENDED ACTION' Adopt Resolution Adjusting Fees for the Ukiah Municipal Golf Course ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Resolution requires revision and adopt as revised. 2. Determine adoption of Resolution is inappropriate at this time, do not adopt and provide further direction to staff. Citizen Advised: Public Hearing Notice Attached Requested by: Prepared by: Coordinated with: Attachments: Parks, Recreation, and Golf Commission Larry W. DeKnoblough, Community Services Director ~, Candace Horsley, City Manager and Sage Sangiacomo, Community Services Supervisor 1. Proposed Resolution 2. Current Fee Schedule (Resolution 2000-17) 3. Public Hearin~ Noti.~..~ APPROVED:E~% I/,:-~¢,~ ~. Candace Horsley, ~ty Manager LDZipl Golf fees01 .Asr Annual memberships have generated the greatest level of contention during previous discussion of fee adjustments for the Golf Course. Staff believes the Annual Membership fee categories have been unfairly Iow, based upon fees charged in other categories and the number of rounds available to members, seven days per week. The approximately 150 annual members have opposed any significant increase to the annual fee. The major concern expressed by members regarding the current and previous fee increases has been retaining affordability to the local players. Over the last four years the average annual rounds played by memberships are 14,200 with revenue from this fee category averaging $95,402 per year. This equates to an average cost of $6.70 per round compared to the current rate of $21 per round for the daily rate payer or the resident who is an occasional player. In addition, the operational cost of the golf course is currently $15.00 per round, based upon an average of 40,000 rounds per year. Based upon these figures the Golf Course is losing an average of $8.30 per round on annual memberships. This loss is the primary reason the City of Santa Rosa recently eliminated memberships at its municipal course and other golf course operators have either escalated the price, grandfathered them out, or are opening new courses without the annual fee option. The Parks, Recreation, and Golf Commission discussed the question of affordability versus the need to balance the budget. The Commission and staff also discussed concerns regarding the increasing disparity between the annual members and daily rate payers and maintaining a fair and equitable fee schedule. In response to these issues, the Commission is proposing the establishment of a separate, lower fee for weekday annuals and a full price fee for those individuals who wish to play on weekends. The proposed resolution will increase the adult annual from the current $660 to $720 Monday through Friday and $800 for a seven day ticket. Adjustments to the remaining annual fee categories is delineated in the attached resolution. The current schedule has also established a Friday through Sunday "weekend", which the Commission is recommending rescinding and reverting to Saturday and Sunday only as the weekend. This recommendation resulted from public testimony during the Commission's September 11 meeting that the majority of the golfing community would not object to the increase if Fridays were not included in the weekend. Staff's observation has been that Friday play is not excessive and that the fiscal impact of this recommendation would be minimal and that separate memberships for weekday and weekends would offer an affordable option. In addition to the adjustments to the annual fees, staff and the Commission are recommending adjustments in the daily fees, including a three dollar increase for weekend play and two dollars in all other daily categories. In the Monthly category the Commission has recommended separating the off- season months of November through February for a reduced fee. As these months are generally the heaviest rainfall period of the year and play is at its lowest, the reduced fee may encourage increased sales and promote increased off-season play. Punchcards are proposed to increase from $150 to $180 and private cart fee from $175 to $200. The Commission also discussed at length the Junior Golf Program and what methods, such as scholarships for Iow income families, are available to continue increasing play in this category. Junior golf has historically been a category in which staff and the Golf Community have worked together to promote through Iow fees, which have not been increased for several years. The proposed fee schedule does propose increasing the Junior Daily by two dollars and an Annual of $250 for the first child and $200 for each additional junior in the family. In summary, the fee adjustment being proposed by the Parks, Recreation, and Golf Commission and staff is a cooperative proposal intended to provide adequate revenue to meet current golf course operations, and with the inclusion of the annual CPI based cost of living increase, to allow for long term financial stability. Staff believes the proposed fee schedule meets those goals and recommends adoption of the attached resolution adjusting fees for the Ukiah Municipal Golf Course. 10 12 22 24 ]5 27 28 20 22 22 23 24 25 26 27 28 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURSE WHEREAS, the City of Ukiah operates and maintains the Municipal Golf Course for the use of the Ukiah community and general regional area; and WHEREAS, the City Council may from time to time consider fee adjustments in order to continue operation of the Golf Course in a fiscally responsible manner; and WHEREAS, the Parks, Recreation, and Golf Commission has recommended approval of the fee adjustments contained herein; and WHEREAS, said fee adjustments have been legally published and made available for public review. NOW, THEREFORE, BE IT RESOLVED that the following rates are hereby established for the Ukiah Municipal Golf Course: Fee Catef:lorv Daily Fees Monday - Friday Daily Fees Saturday - Sunday A. 9 Holes $13.00 N/A Senior(60 and over) $11.00 N/A B. 18 Holes $20.00 $24.00 Senior $16.00 N/A Junior $ 8.00 N/A C. Twilight $12.00 $ 15.00 (12:00 p.m. ST) (1:00 p.m. DST) Super Twilight (3:00 p.m. ST) (5:00 p.m. DST) Junior Twilight Do Annual Greens Fees* Adult Adult Couples Senior Senior Couples Junior E. Monthly Pass Adult Senior Junior $10.00 $ 12.00 $ 6.00 $ 8.00 Monday-Friday $ 720.00 $1,080.00 $ 56O.OO $ 840.00 March-October $ 130.O0 $ 110.00 $ 60.00 Seven Day $ 8oo.oo $1,200.00 $ 640.00 $ 960.00 $ 250.00 $ 200.00 for each additional child November-February $ 85.00 $ 75.00 $ 4o.oo 10 ]! !2 14 1s ]7 !9 20 2! 22 24 25 26 27 28 F. O. Punchcards (10 rounds) Annual Private Cart Permit Fee $180.00 plus $3 per round on Fri-Sun $ 200.00 U. Cart Storage** Gas $ 20.00 Electric $ 25.00 Effective July 1, 2002 and at the commencement of each subsequent year ending July 1, 2006 all fees shall be increased at the rate equal to the Consumer Price Index rounded up to the nearest dollar. *Annual Memberships are effective July 1 through June 30 of each year and due and payable prior to July 1. **Carts in storage must possess a current Cart Permit. PASSED AND ADOPTED this l_~9th day of September, 2001, by the following roll call vote: AYES' NOES: ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk LD/Zipl Golffees01. Res RESOLUTION 2000-17' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURSE W~REAS, the City of Ukiah operates and maintains the Municipal Golf Course for the use of the Ukiah community and general regional area; and WltF. REAS, the City Counc'd may from time to time consider fee adjustments in order to continue operation of the Golf Course in a fiscally responsible manner, and Wltle~REAS, the Parks, Recreation, and Golf Commission has recommended approval of the fee adjustments contained herein; and WHEREAS, said fee adjustments have been legally published and made available for public review. NOW, TIt2EREFORE, BE IT RESOLVED that the following .r, ates are hereby established for the Ukiah Municipal Golf Course: Fee Category_ Daily Fees Monday- Thursday. Daily Fees Friday- Sunday 9 Holes $12.00 $15.00 Senior $11.00 $15.00 $18.00 - $13.00 $ 6.00 B. 18 Holes Senior (60 and over) lunior (17 and under) Membership and Monthly Fee~ $21.00 $21.00 $21.00 before 11:00 a~m. $ 8.00 after 11:00 mm. and on Mother's and Father's Day c. Twitight (12:00 p.m. ST) (1:00 p.m. D ST) Super Twilight : 0:oo p.n ST) (5:00 p.m. DST) Junior Twi'light (2:00 p.m.) D. Annual Membership* Adult $10.00 7.00 4.00 $12.00 $9.00 $ 6.00 $660 Eo Adult Couples Senior Senior Couples Junior Monthly Pass Adult Senior Junior $1,000 $495 $825 $175 $150 for additional child $115 $100 $ 40 Fee Category. Daily Fees Monday- Thursday F. Punchcards (10 rounds) G. Atmual Cart Path Access · Daily Fees Friday- Stinday Memberships and Monthly Fees $150 plus $3 per round on Fri-Sun $175 Cart Storage** Gas $ 20 Electric $ 25 *Annual Memberships are effective July 1 through June 30 of each year and due and payable prior to luly 1. Members paying in full prior to July 1 shall receive a 5% discoum. **Carts in storage must possess a current Cart Path Access Permit. PASSED AND ADOPTED this 20th day of October, 1999, by the following roll call vote: AYES: NOES: .ABSENT: · :ABSTAIN: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin, None. None. None. ATTEST: Marie Ulvila, City Clerk Jim Mastin, Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ukiah City Council will conduct a Public Hearing at their regular meeting of Wednesday, September 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers located at 300 Seminary Avenue, Ukiah, CA, for the purpose of Adjusting Fees for the Ukiah Municipal Golf Course. A copy of the proposed Fee Adjustment for the Ukiah Municipal Golf Course is available for inspection at the City Clerk's Office located at 300 Seminary AvenUe, from 8:00 a.m. to 5:00 p.m. on any week day, Monday through Friday, excluding City recognized holidays. You are encouraged to discuss the proposed revisions, express any views you may have, or request additional information from the Ukiah City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, (707) 463-6217. S/Marie Ulvila, City Clerk. Publish: 9/7/01 AGENDA SUMMARY ITEM NO. 10a DATE: September 19, 2001 REPORT SUBJECT: ADOPT RESOLUTION AMENDING TRANSFER STATION CONTRACT WITH SOLID WASTE SYSTEMS Pursuant to a contract executed May 7, 1998, as amended, Solid Waste Systems, Inc. (SWS) has constructed a transfer station. This transfer station is about to commence operations. The contract designated a formula for determining the rates and fees to be charged by Solid Waste Systems, Inc. for transfer station services. A significant unknown, at the time the contract was executed, was the costs required to satisfy conditions created during the Mendocino County permitting process. The contract provided that the first three hundred fifty thousand dollars ($350,000) for these offsite costs are included within the maximum construction component of the tipping fee and allowed for an increase in the tipping fee for additional offsite costs in excess of three hundred fifty thousand dollars ($350,000). These additional costs now total eight hundred seventy-seven thousand seven hundred forty-one dollars ($867,731). The contract further provided for construction costs to be recovered within the initial 10 year term ofthe transfer station operation and the second 10 year term, if the contract is extended, would not include a construction component in the tipping fee. Another key element is the quantity of garbage that is processed by the transfer station. Other governmental entities participated in the crafting of the City's agreement with SWS, indicating their interest in utilizing the facility once is was operational. This participation resulted in a facility designed to accommodate all inland Mendocino County garbage. The City, however, was the only government to commit to using the facility. Since that time, the County has approved a transfer station in Willits, which means garbage from the Willits area will not come to the SWS transfer station. The contract provides for a higher tipping fee if only the City garbage is directed to the transfer station. The long-term participation by the greater valley area of the County is still an open (continued on page 2 RECOMMENDED ACTION: Approve amendments to the transfer station contract with Solid Waste Systems, Inc. and agree to the transfer station gate fees presented ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Solid Waste Systems, Inc. Gordon Elton, Finance Director Candace Horsley, City Manager Resolution Cah--da~e Horsley, City l~anager question. The potential for a higher than anticipated tipping fee, due to non-participation of the County and increased construction costs propelled SWS, City staff and the Council sub-committee (Mayor Ashiku and Council member Libby) to develop alternatives that would reduce the per ton rate at the transfer station. The attached resolution outlines the changes to the Transfer Station contract developed as the result of this review process. Due to threatened litigation, additional information on the alternatives considered will be discussed, with the Council, in closed session. GE: Transfer Station 9-19-01 Page 2 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE TRANSFER STATION CONTRACT WITH SOLID WASTE SYSTEMS, INC. AND APPROVING THE INITIAL TRANSFER STATION TIPPING FEES WHEREAS the City of Ukiah entered into a contract with Solid Waste Systems Inc. (the "Contractor") on May 7, 1988 entitled "Transfer Station Contract Between the City of Ukiah and Solid Waste Systems, Inc." for construction and operation of a Transfer Station on Taylor Drive in Ukiah, California, (the "Contract"); and WHEREAS, the Contractor and the City desire to modify the Contract in order to reduce the Rate to be charged at the Transfer Station; and WHEREAS, the Contract modifications will enable the Contractor to enter into a fifteen (15) year contract with Mendocino to ensure the disposal of Ukiah Valley waste at the Transfer Station which will lower the Transfer Station Rate to be charged to all "Franchised Haulers"; and WHEREAS, Contractor and City desire to extend the term of the Transfer Station Contract to fifteen (15) years in order to amortize the construction costs over ilffeen (15) years and thus reduce the disposal rate charged at the Transfer Station; NOW, THEREFORE, BE Ir RESOLVED, in consideration of the facts as recited above, that the City Council hereby approves amendment of the Agreement by incorporating the following as an addendum to the contract: Article 4, Section 4.01 of the Transfer Station contract with Solid Waste Systems, Inc. that requires the same service fee for all users in Mendocino, is amended to read "The rates the Contractor charges the users from any other city in Mendocino County or from the unincorporated areas of Mendocino County shall be approved by the Ukiah City Council. In no event will users from the City of Ukiah be charged a Service Fee that is higher than is charged to any other user of the Transfer Station. . Article 4, Section 4.03 shall be amended to read "If charged by volume, the charge per cubic yard will be an initial rate of $ (including M.S.W.M.A) for the first year." ~ dollars and cents ($ ) of this rate will be increased by the same percentage that the total rate per ton (including M.S.W.M.A and any other Governmental Surcharges) changes from year to year pursuant to the terms of the Contract." . Article 4, Section 4.06Co) shall be amended to read "Contractor shall request not less that fifteen (15) year contracts with each prospective local government jurisdiction and/or commercial hauler in Mendocino County. Interim contracts of up to sixty (60) days, from the opening date of the Transfer Station, are authorized. 4. Article 12, Section 12.02 shall be changed to indicate the purchase price for the land and facility shall be zero ($0.00) at the end of the fifteen (15) year period. . Article 14, Section 14.01 '~rerm of Contract" shall be changed to read "The term of the Contract shall continue for fifteen (15) years beginning on the date of the start of operation of the Transfer Station pursuant to Section 2.02, unless terminated earlier pursuant to terms of the Contract." The provision providing for an extension of the Contract shall be deleted. 6. All other sections of the contract indicating a ten-year term shall be amended to indicate a fifteen (15) year term. GE:C:\My Documents\WPDOCS\AGENDAS\Transfer station resolution.agn, doc 7. The initial tipping will be $ per ton (excluding M.S.W.M.A. surcharge) for City of Ukiah users and $~ per ton (excluding M.S.W.M.A. surcharge) for Non-City of Ukiah users of the transfer station. . The initial gate fee for self-haulers will be $ per cubic yard (including M.S.W.M.A. surcharge) for City of Ukiah users and $ per cubic yard (including M.S.W.M.A. surcharge) for Non-City of Ukiah users of the transfer station. BE IT FURTHER RESOLVED that the mayor is authorized to sign the addendum to the Contract. PASSED AND ADOPTED this 19th day of September, 2001 by the following roll call votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Philip Ashiku, Mayor Marie Ulvila, City Clerk GE:C:\My Documents\WPDOCS\AGENDAS\Transfer station resolution.agax doc AGENDA SUMMARY ITEM NO. lOb DATE: September 19, 2001 REPORT SUBJECT: DISCUSSION OF CITY POLICY REGARDING ANNEXATION AND DELIVERY OF WATER OUTSIDE THE CITY LIMITS The City Council directed staff to meet with County representatives to develop an acceptable mitigation program based on the Environmental Impact Report (EIR) for the potential development of the Brush Street Triangle (Triangle). This was necessary due to the fact that the County does not have discretionary review for development projects in the Triangle area and, therefore, mitigation measures would not be required once development began. During the recent meeting with the County, County Administrative Officer Jim Anderson stated that the County would like to know the City's policy regarding providing water to the Triangle area before it spent any money on traffic mitigations. This was a very pertinent statement as most likely Uillview will not be able to provide water to this area and the property owners will be requesting the City to provide water service. Staff is bringing this discussion before Council to make a determination on future policy before County and City staff spends more time and/or funding to develop mitigations and policies surrounding the Triangle development. Currently, the City provides water to several properties in the Triangle. Past policy required that property owners sign an agreement to annex into the City limits upon request by the City before they were provided water. The question tonight is whether the City Council would want to change the policy to require property owners to actually annex into the City limits before water service is extended to their properties. (Continued on Page 2) RECOMMENDED ACTION: Determine City policy regarding annexation and delivery of water outside the City limits in the Brush Street Triangle. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine additional information is required relative to annexation and the delivery of water outside the City limits and continue discussion to a specific City Council meeting date. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager David Rapport, City Attorney; Charley Stump, Planning Director None APPROVED: 4/Can.ASRWater..901 Candace H0rsleyl Cly Manager There are several steps to the annexation process. A majority of property owners must agree to annex and according to state law, the City and County must have a tax sharing agreement before LAFCO can approve an annexation. In our meeting regarding the Triangle, County representatives stated they would require mitigations based on the current EIR, but they will not require any type of discretionary review for development projects. In other words, they will not have any specific design criteria no matter what type of project is proposed. This is specifically pertinent as development will be contiguous with the City's urban borders where high development standards are currently required. The City Council must identify a solution to this dilemma. One method would be for the County to require discretionary review. Another would be for the City to control development so that it will be subject to City urban design and public service requirements. Annexing into the City will most likely provide the most efficient way to provide the controls that are needed to meet City standards and to adequately mitigate potential impacts. However, the City and County would then need to come to some agreement regarding tax sharing. City Attorney David Rapport and Planning Director Charley Stump will be in attendance at the meeting to discuss this item with the Council. AGENDA DATE: SUMMARYREPORT ITEM NO.' ].oc SEPTEMBER 19, 2001 SUBJECT: PRESENTATION OF PROGRAMS ELIGIBLE TO UTILIZE MONEY IN THE PUBLIC BENEFIT FUNDS. The City Council has requested an updated report on the Public Benefit Fund. The Ukiah C.A.R.E.S. program has been the only substantial program within this fund until this year. The fiscal year 2001-2002 budget includes expenses related to the lease and operation of four electric vehicles to be used by the Parking District Meter Enforcement Officers and the Utilities' Electric and Water Meter Readers. The Domestic Photovoltaic Electric Rate was adopted by Council on September 5. Discussion of subsidies for construction of residential photovoltaic systems was continued to the September 19th meeting. Additional programs to be considered include a Commercial Photovoltaic Electric Rebate, the Geothermal Pipeline Expansion Project, and an Energy Conservation Program. Staff has analyzed the estimated C.A.R.E.S., conservation, and electric vehicle program costs over the next ten years (attachment #2). Summarizing, the projected annual income for the fund is $372,000. Though projected expenditures for C.A.R.E.S. and the electric vehicles during the current fiscal year are $169,000, conservation related expenses (including photovoltaic rates and rebates), if approved by the Council, are anticipated to exceed $200,000 annually. The June 30, 2001 unaudited balance in the Public Benefit Fund is $1,203,249. This balance is increased by 2.7% of electric revenues each year plus interest. With the adoption of AB 995 last year, utilities are expected to continue to set aside funds for the Public Benefit until 2010. The capability of the Public Benefits Fund to support various programs depends on the programs adopted and the utilization thereof. Each program is presented to describe its components and show how the longevity of the Public Benefit Fund may be impacted if changes or additions are made. (Continued on page 2) RECOMMENDED ACTION: Receive report, discuss elements of the Public Benefit Fund and provide direction to staff regarding possible changes to existing programs, additional projects to be implemented, or maintenance of the status quo. Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments: N/A City Council Patsy Archibald, Customer Service Supervisor Candace Horsley, City Manager; Darryl Barnes, Director of Public Utilities; Gordon Elton, Finance Director 1. Potential Costs for Implementing Changes to Ukiah C.A.R.E.S. 2. Projection of Utilization of Public Benefit Funds for all programs 3. Current Federal Poverty Income Guidelines to determine eligibility for Ukiah C.A.R.E.S. APPROVED:!_(~..>t,~ L Candace Horsley, ly Manager PA:asrcover. mw. se pt, 01 UKIAH C.A.R.E.S. This report is prepared as the semi-annual update of the Ukiah C.A.R.E.S. program. It was requested by the Council to analyze how implementing additional changes would affect the longevity of the Public Benefit Fund. This report presents information on utilization of the current program and identifies impacts of possible modifications. CURRENT PROGRAM BENEFITS & PARTICIPATION - In March the Council adopted increases for relief and the program now provides: · Monthly Discounts to eligible Non-Senior households for annual benefits of up to $144.48 providing the first 100 kilowatts of electricity free of charge or a credit of $12.04 every month. There are 79 active customers receiving monthly discounts. Monthly Discounts to eligible Senior households who receive the first 120 kilowatts free of charge for a monthly credit of $14.45 and an annual benefit of $173.40. 201 Senior households are currently active in the program. Temporary Emergency Assistance - In the entire fiscal year 2000-01 Ukiah C.A.R.E.S. assisted 252 households with funds up to $300 per year (which ever comes first) to pay their electric charges. ELIGIBILITY REQUIREMENTS - The current income eligibility qualifications require that the total household net income must not exceed 150% of the current Federal Poverty Income Guidelines (FPIG) (attachment #3) after consideration of deductible expenses which include mandatory amounts withheld from wages and shelter costs. In other words, a household's total "take home pay" minus the rental expense must not exceed the amount of 150% FPIG for the number of people living in the household. By deducting shelter costs from the total "take home" pay, a household who may be considered moderate income is more likely to qualify for one or both portions of the program. Income must be verified for at least two pay periods prior to the date of application for the Temporary Emergency Assistance and for the most recent 12 month period for the ongoing Monthly Discounts. This allows a household, in which one or more wage earner may experience a temporary set back such as seasonal lay offs or temporary loss of hours at the job, to be income eligible for the Temporary Emergency portion of the program. When Ukiah C.A.R.E.S. was developed, more generous benefits were provided to City customers than other agency relief programs in existence at the time. Eligibility guidelines were adopted for Ukiah C.A.R.E.S. that followed a format already established by agencies determining eligibility for similar benefits which excluded families in subsidized housing since they (the families) received monthly allowances for their utility bills. The allowance to pay all the household's monthly utilities for subsidized household recipients ranges from $108 to $139 per month depending on the recipient's income. Staff recently visited the Community Development Commission who determines eligibility and places Iow to moderate-income families into subsidized housing. The Commission reports there are approximately 800 households in the greater Ukiah area receiving some type of subsidy toward housing and utility expenses. For purposes of estimating the impact on the Public Benefits Fund for expanded benefits to include these citizens, staff is estimating 400 of these households are within Ukiah City limits. Page 2 All subsidized households receiving City electricity are not identifiable to allow staff to completely analyze all accounts and determine the average bill. However, it is staff's experience that customers receiving subsidies often report their allowance does not always cover their monthly bill. Council may wish to consider allowing these families to receive either emergency relief or ongoing monthly discounts from Ukiah C.A.R.E.S. at a lesser rate than non-subsidized families who don't receive allowances. MARKETING - Marketing of the program has progressed as planned. Staff has continued efforts to promote the program through the community agencies who have direct and ongoing contact with Iow to moderate-income households. Information about the program has been added to the outside of the envelopes containing the monthly City utility bills and promotion of the program recently occurred on KUKI newstalk radio. It was determined that knowledge of the program through weeklong Cable T.V. advertising could reach more households and enhance current marketing efforts. Development of this type of marketing is not yet finalized. POSSIBLE PROGRAM MODIFICATIONS - The following scenarios and cost projections for implementing possible changes are presented for Council's consideration. There are several possible modifications to the program and numerous combinations of cost implications including increased benefits and increased participation. The modifications displayed in attachment #1 include: · An increase of 30 kWh (from 120 to 150) for the Senior Monthly Discount. · An increase of 20 kWh (from 100 to 120) for the Non-senior Monthly Discount. · An increase of $100 (from $300 to $400) for the Emergency Assistance · The addition of a 50 kWh (from 0 to 50) monthly Discount for households already subsidized by other agencies. · The addition of a $150 (from 0 to $150) annual emergency credit for households already subsidized by other agencies. · Increased participation in all categories. SUMMARY With the advent of AB 995 continuing to require Municipal Utilities to set aside 2.7% of electric revenues for an additional 10 years, the Public Benefits Fund will continue. This assembly bill also mandates utilities' providing customers the opportunity to volutarily contribute to the Public Benefits Fund. Staff has recently included this option on the most recent inventory of utility statements, though it is not anticipated that contributions from individuals in the community will add high levels to the funding. The various scenarios noted in attachment #1 are offered for Council's discussion. If Council wishes to include providing additional relief to subsidized families, staff recommends providing either Temporary Emergency Assistance or Monthly Discounts at a lesser rate than families not receiving allowances. Staff believes that families already receiving monthly subsidizies may benefit more from obtaining relief that would pay up to $150 of electric bills each year. Implementing either Emergency Assistance or Monthly Discount will provide much needed relief to a higher segment of Ukiah's Iow to moderate- income community and have remaining funds available in the Public Benefits Fund for other programs the Council may have under consideration. PA:arcares,Sept01 .mw Page 3 Energy Conservation Programs Energy conservation is defined as anything that reduces the amount of energy utilized to perform a given task. This could consist of such things as: Increasing insulation in your home, replacing old appliances with newer appliances that use less energy to operate, installing double pane windows to save on heating and cooling, adding attic fans to assist cooling, installation of high efficiency heating and cooling units, using compact florescent lights rather than incandescent lighting were possible, installing solar water heating systems, installation of photovoltaic panels and much more. An energy conservation program could take many forms and encompass many different combinations of the above items. However, there are basically three things an energy conservation program can do. 1) Give the above items directly to the customer. 2) Give the customer rebates for the purchase of the above items. 3) Develop a program that uses a combination of both direct purchases and rebates. This report does not attempt to define the scope or method of administering a specific energy conservation program. Development of an effective program will depend on the defined goals for the program, amount of available funds and staffing required to administer the program. This report only attempts to give the Council a view of the impact a conservation program utilizing $85,000 a year will have on the public benefit funds. The $85,000 represents a generic program that would utilize $50,000 for the effort and $35,000 for staff to administer the program. Although the installation of photovoltaic panels is considered as a conservation measure, we have itemized the residential and commercial rebate programs separately. Their combined impact on the public benefit funds was estimated to be $118,000 per year. The residential program was assumed $180,000 for residential applications over the total public benefit program period. This would represent two customers per year at an average household usage of 3 kw, with a rebate of $3/kw, totaling an average of $18,000 annually. The commercial rebate program assumed an expenditure of $1,000,000 over the ten years or an average of $100,000 annually. The total financial effort defined in these three areas of energy conservation would result in a program that would impact the public benefit funds by approximately $203,000 annually. o o o CITY OF UKIAH ATTACHMENT #2 Public Benefit Fund Projection of Utilization of Funds for all Pro rams 3 yr Lease ENERGY ELEC PHOTOVOLTAIC REBATES CONSERVATION ~ VEHICLE~ DOMESTIC COMMERCIAL PROGRAM Fund Balance Forward - July 1, 2001 1,203,249 1,203,249 1,203,249 1,203,249 1,203,249 Projected 2.7% of Electric Revenues 372,000 372,000 372,000 372,000 372,000 Projected CARES Costs 161,354 161,354 161,354 161,354 161,354 Projected Elec Vehicles * 0 7,740 7,740 7,740 7,740 Projected Domestic Photo Rebate Costs ** 0 0 18,000 18,000 18,000 Projected Commercial Photo Rebate Costs *** 0 0 0 100,000 100,000 Projected Energy Conservation Costs 0 0 0 0 85,000 One-Time GeoThermal Project Costs 0 0 0 0 Year-end Balance 1,413,895 1,406,155 1,388,155 1,288,155 1,203,155 lONE-TIME) GEOTHERMAL PROJECT 1,203,249 372,000 161,354 7,740 18,000 100,000 85,000 950,000 253,155 Fund Balance Forward -July 1, 2002 Interest on year end balance at 4% Projected 2.7% of Electric Revenues Projected CARES Costs Projected Elec Vehicles Costs Projected Domestic Photo Rebate Costs** Projected Commercial Photo Rebate Costs*** Projected Energy Conservation Costs Year-end Balance 253,155 253,155 253,155 253,155 48,126 48,126 48,126 48,126 372,000 372,000 372,000 372,000 163,278 163,278 163,278 163,278 0 6,740 6,740 6,740 0 0 18,000 18,000 0 0 0 100,000 0 0 0 0 510,003 503,263 485,263 385,263 253,155 48 126 372 000 163 278 6 740 18 000 100 000 86 750 298,513 Fund Balance Forward- July 1, 2003 Interest on year end balance at 4% Projected 2.7% of Electric Revenues Projected CARES Costs Projected Elec Vehicles Costs Projected Domestic Photo Rebate** Projected Commercial Photo Rebate*** Projected Energy Conservation Costs Year-end Balance Fund Balance Forward - July 1, 2004 Interest on year end balance at 4% Projected 2.7% of Electric Revenues Projected CARES Costs Projected Elec Vehicles Costs Projected Domestic Photo Rebate** Projected Commercial Photo Rebate*** Projected Energy Conservation Costs Year-end Balance 298,513 298,513 298,513 298,513 298,513 11,941 11,941 11,941 11,941 11,941 372,000 372,000 372,000 372,000 372,000 165,203 165,203 165,203 165,203 165,203 0 6,740 6,740 6,740 6,740 0 0 18,000 18,000 18,000 0 0 0 100,000 100,000 0 0 0 0 88,588 517,251 510,511 492,511 392,511 303,923 303,923 303,923 12,157 12,157 12,157 372,000 372,000 372,000 167,127 167,127 167,127 0 7,077 7,077 0 0 18,000 0 0 0 0 0 0 303 923 12 157 372 000 167 127 7 077 18 000 100000 0 520,953 513,876 495,876 395,876 303,923 303,923 12 157 372 000 167 127 7 077 18 000 100 000 90 516 305,360 Fund Balance Forward - July 1, 2005 305,360 305,360 305,360 Interest on year end balance at 4% 12,214 12,214 12,214 Projected 2.7% Electric Revenues 372,000 372,000 372,000 Projected CARES Costs 169,051 169,051 169,051 Projected Elec Vehicles Costs 0 7,077 7,077 Projected Domestic Photo Rebate** 0 0 18,000 Projected Commercial Photo Rebate*** 0 0 0 Projected Energy Conservation Costs 0 0 0 Year-end Balance 520,523 513,446 495,446 305 360 12,214 372,000 169,051 7 077 18 000 100 000 0 395,446 A portion of the Administration costs related to C.A.R.E.S. & Energy Conservation Program are increased by 5% each year * Elec vehicle costs include a one time $1000 modification expense ** Domestic Photo Rebate is calculated for two residential customers per year @ $9,000 each *** Commercial Photo Rebate is calculated for $1,000,000 over the ten year period 305 360 12 214 372 000 169 051 7 077 18 000 100 000 92 542 302,904 1 of 2 Public Benefit Fund Projection of Utilization of Funds for all Programs Fund Balance Forward -July 1, 2006 302,904 Interest on year end balance at 4% 12,116 Projected 2.7% Electric Revenues 372,000 Projected CARES Costs 170,976 Projected Elec Vehicles Costs Yr 2006 0 Projected Domestic Photo Rebate** 0 Projected Commercial Photo Rebate*** 0 Projected Energy Conservation Costs 0 Year-end Balance 3 yr Lease PHOTOVOLTAIC REBATES ELEC VEHICLES DOMESTIC COMMERCIAL 302,904 302,904 302,904 12,116 12,116 12,116 372,000 372,000 372,000 170,976 170,976 170,976 7,077 7,077 7,077 0 18,000 18,000 0 0 100,000 0 0 0 516,044 508,967 490,967 390,967 ENERGY CONSERVATION PROGRAM 302 904 12 116 372 000 170.976 7 077 18.000 100.000 94.668 296,299 Fund Balance Forward - July 1, 2007 Interest on year end balance at 4% Projected 2.7% of Electric Revenues Projected CARES Costs Projected Elec Vehicles Costs Projected Domestic Photo Rebate** Projected Commercial Photo Rebate*** Projected Energy Conservation Costs Year-end Balance 296.299 296.299 296.299 296.299 296.299 11,852 11,852 11,852 11,852 11,852 372,000 372,000 372,000 372,000 372,000 172,900 172,900 172,900 172,900 172,900 0 7,077 7,077 7,077 7,077 0 0 18,000 18,000 18,000 0 0 0 100,000 100,000 0 0 0 0 94,669 507,251 Fund Balance Forward - July 1, 2008 287,505 Interest on year end balance at 4% 11,500 Projected 2.7% Electric Revenues 372,000 Projected CARES Costs 174,824 Projected Elec Vehicles Costs 0 Projected Domestic Photo Rebate** 0 Projected Commercial Photo Rebate*** 0 Projected Energy Conservation Costs 0 Year-end Balance 500,174 482,174 287,505 287,505 11,500 11,500 372,000 372,000 174,824 174,824 7,077 7,077 0 18,000 0 0 0 0 382,174 287 505 11 500 372 000 174 824 7 077 18 000 lO0 000 0 496,181 489,104 471,104 371,104 287,505 287 5O5 11,500 372 000 174 824 7 077 18 000 lO0 000 96 901 274,202 Fund Balance Forward - July 1, 2009 274,202 Interest on year end balance at 4% 10,968 Projected 2.7% Electric Revenues 372,000 Projected CARES Costs 176,749 Projected Elec Vehicles Costs 0 Projected Domestic Photo Rebate** 0 Projected Commercial Photo Rebate*** 0 Projected Energy Conservation Costs 0 Year-end Balance 274,202 274,202 10,968 10,968 372,000 372,000 176,749 176,749 7,077 7,077 0 18,000 0 0 0 0 274.202 10 968 372 000 176 749 7 077 18 000 100 000 0 480,422 473,345 455,345 355,345 274.202 10.968 372OO0 176.749 7 077 18 000 100.000 99 246 256,099 Fund Balance Forward -July 1, 2010 256,099 Interest on year end balance at 4% 10,244 Projected 2.7% Electric Revenues 372,000 Projected CARES Costs 178,673 Projected Elec Vehicles Costs 0 Projected Domestic Photo Rebate** 0 Projected Commercial Photo Rebate*** 0 Projected Energy Conservation Costs 0 Year-end Balance 256,099 256,099 10,244 10,244 372,000 372,000 178,673 178,673 7,077 7,077 0 18,000 0 0 0 0 256099 10,244 372,O0O 178,673 7 077 18 000 100 000 0 459,669 452,592 434,592 334,592 256 099 10 244 372 000 178 673 7 077 18 000 100 000 101 708 232,884 Cont'd #2 2 of 2 Attachment ¥~3 $. Ukta City Assistance fo~R~: lief through Energy Support sponsored by City of Ukiah. Administered by the Salvation Army. CITY OF UKIAH UKIAH C.A.R.E.S. PROGRAM (Temporary Emergency Assistance, Senior Discounts, Non-Senior Discounts) INCOME GUIDELINES JULY 1, 2001 THROUGH JUNE 30, 2002 Income used for eligibility is NET (take home pay) INCOME ~ 150% of FPIG NUMBER OF PEOPLE LIVING IN HOUSEHOLD 1-2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons 9 Persons 10 Persons 100 % of Annual Federal Poverty Income Guidelines Ukiah C.A.R.E.S* MONTHLY NET 150% of Annual CASH INCOME Federal Poverty OF HOUSEHOLD Income Guidelines $11,610 $1,451 $17,415 $14,630 $1,829 $21,945 $17,650 $2,206 $26,475 $20,670 $2,584 $31,005 $23,690 $2,961 $35,535 $26,710 $3,339 $40,065 $29,730 $3,716 $44,595 $34,872 $4,321 $51,855 $37,772 $4,684 $56,205 C.A.R.E.S. amounts represent 150% of Federal Poverty Income Guidelines. Over 10. people add $4,530 annually or $377.50 monthly for each additional person per household. Eligibility is determined by The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 AGENDA SUMMARY ITEM NO. loot DATE: September 19, 2001 REPORT SUBJECT: REQUEST FOR FUNDING OF PARK DESIGN TRIP TO REDDING AND CHICO, CALIFORNIA AND ASHLAND, OREGON (Vice Mayor Baldwin) Vice Mayor Baldwin has requested a discussion by the City Council regarding a City-funded trip to various parks in other cities to review designs and operational structure. He will be providing more detail at the City Council meeting. RECOMMENDED ACTION: Council discuss possible funding for field trip to Redding and Chico, California and Ashland, Oregon, for the purpose of reviewing park system design and associated operations. Requested by: Vice Mayor Baldwin Prepared by: Candace Horsley, City Manager Coordinated with: N/A Attachments: None APPROVED.~~ ~- ~ ~c,,.~T,~.~o~ Candace H orsle~,,"~ity~Manage r ITEM NO. 10e MEETING DATE: September 19, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONFLICT WAIVER UNDER RULES OF PROFESSIONAL RESPONSIBILITY SUMMARY The City Attorney has been requested to assist Gary Weatherford, the City's water rights attorney, in responding to the Mendocino Russian River Flood Control and Water Conservation Improvement District ("District") letter of July 23, 2001, which was discussed at the City Council's September 5 meeting. Because he also provides some legal services to the Calpella County Water District, the Willow County Water District, the Millview County Water District and the Redwood Valley County Water District, the City Council must consent in writing to this representation, as do the Boards of the other clients. Redwood Valley, Willow and Calpella have already provided written waivers. The attached letter to Mayor Ashiku provides a more detailed explanation. RECOMMENDED ACTION: Approve waiver under Rules of Professional Responsibility and authorize Mayor to sign the letter waiving the conflict. ALTERNATIVE COUNCIL POLICY OPTIONS: Refuse to waive the conflict or include limitations or conditions as the Council considers appropriate. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: City Manager, City's water rights attorney David J. Rapport, City Attorney Candace Horsley, City Manager, Gary Weatherford, Esq. Letter to Mayor Philip Ashiku, dated September 7, 2001 09-07-2001 04:20PM FROM RAPPORT & MARSTON TO 94636204 P.02 David J. Rapport Lester J. Marston Scott Johnson Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W, Perkins Street P.O. Box 488 Ukiah, Califomia 95482 e-mail: drapport~pacbell.net September 7, 2001 (707) 462-6846 FAX 462-4235 Honorable Phillip Ashiku, Mayor C~y of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re: Informed consent Dear Mayor Ashiku: The City of Ukiah has asked me to assist its water fights attorney, Gary Weatherford, in responding to a July 23, 2001, notice from the MendOcino County Russian River Flood Control ancl Water Conservation Improvement District ("Flood Control District"), The Notice states that any person or entity wanting to purchase water from the Flood Control District will have preference for a permanent water supply contract, if the person or entity files an application for an interim water supply contract by September 30, 2001. An applicant must use a form application and sign an intedm agreement prepared by the Food Control District, The City wants the Flood Control District to suspend the September 30 deadline and develop a procedure for negotiating the form of an application and interim agreement that does not prejudice any preference rights or independent water rights that an applicant may have. It also believes that more information is required about the hydrology of the Russian River basin and related matters before prospective applicants can know how much water they may need from the Flood Control District and what effect a contract with the Flood Control District may have on their preference and water dghts. Because of my attomey-client relationships with Redwood Valley County Water District, Willow County Water District, Call)ella County Water District and Mitlview County Water District, in addition to my position as Uklah's City Attorney, I need your informed written consent to provide this assistance to the City of Ukiah. Rule 5-102 of the Rules of Professional Responsibility prohibits a member of the State Bar from accepting professional employment without first disclosing his relation, if any, with the adverse party, and his interest, if any, in the subject-matter of the employment. A member of the State Bar shall not accept employment where he represents potential conflicting interests unless he first obtains his client's written consent to such employment. In addition, Rules 4-101 prohibits a member of the State Bar from accepting employment adverse to a client or former client wfthout the informed and written consent of the client or former client, relating to a matter in reference to which he has obtained confidential informatiOn by reason of or in the course of his employment by such client or former client. $;\[~btrsO l'~laformed S,~t~l~r 7, 2001 09-07-2001 04:21PM FROM RAPPORT & MARSTON TO 94636204 P.03 Letter to Phillip Ashiku, Mayor City of Uklah Subject: Conflict of Interest Waiver anti Consent Date: September 7, 2001 Page 2 You have retained separate legal counsel to handle water rights matters. You should seek the advice of that attorney concerning potential conflicts that may arise if I provide this assistance to the City of Uklah, While I do not currently believe that I have received any confidential information from my past representation of your agency that is material to the assistance requested by the City, the rules of professional responsibility are intended to insure that attomey-cfient communications are not used against the client and to insure that an attorney is loyal to the interests of his clients, You may not want to risk the possibility that privileged information I may have or might acquire in the future could become material to the representation of the City in this matter. Even though this dispute is between the City and the Flood Control District and your agency may have common and not conflicting interests with the City in this dispute, you may prefer that I avoid any involvement with water dghts matters, because of my attorney-client relationship with other public agencies with water interests in the Russian River watershed. If your agency is willing to consent to my representation of the City of Uklah in responding to the Flood Control District's July 23 notice, please have your agency's governing body approve the representation and authorize the appropriate agency official to sign in the space indicated below, Please return a copy of this letter bearing that original signature. If you, your water rights attorney or your governing body has any questions, please feel free to contact me. Very 1;~ours, ~ Attorney at Law CONSEN~ T_OREPRESENTA'IION Having reviewed and understanding the foregoing disclosures and explanation and the City Council for the City of Uldah having considered the matter at a meeting on ,2001, the Council hereby voluntarily consents to David J. Rapport representing the City of Ukiah in responding to the July 23, 2001, letter from the Flood Control District described in this letter. Signature T~le Dated: .. ..~L~k~' 7, 2001 TOTAL P.03