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HomeMy WebLinkAbout2001-08-01 PacketITEM NO. 3a DATE: Auqust 1,2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF REGULAR MEETING MINUTES OF MAY 16, 2001, SECTION 12E ONLY At the July 18, 2001 meeting, the City Council approved the minutes of the May 16, 2001 regular meeting with the exception of section 12e "Discussion of Committee/Commission Appointment Process and Application Forms and Possible Direction to Staff - Councilmember Libby." At that time Council, Council directed staff to bring the Draft Minutes concerning this item back for consideration at the next meeting. Attached for your consideration and approval are the Draft Minutes, in summary format, concerning 12e from the May 16, 2001 meeting. A more detailed account of "12e" is scheduled for Council's consideration with another agenda item later in this meeting. RECOMMENDED ACTION: By Roll Call Vote, approve the Draft Minutes ofthe May 16, 2001 meeting regarding section 12e as presented. ALTERNATIVE COUNCIL POLICY OPTIONS: Refer the matter to staff for further study. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council . Marie Ulvila, City Clerk ,~,,,E.-.,~_;~__ ~.L"_z"J_ ~-~:_Z',,'C'_ Candace Horsley, City Manager 1. Draft Minutes of the May 16, 2001 meeting concerning section 12e. , APPROVED: · ._~__,> ~ Candace Horsey, C~Manager ASR: May 16, 2001 minutes 12e 12. NEW BUSINESS 12e. Discussion of Committee/Commission Appointment Process and Application Forms and Possible Direction to Staff-Councilmember Libby City Manager Horsley advised that Councilmember Libby requested this be on ag~i~ f°r discussion. Councilmember Libby explained that she specifically asked for discus~,~6~ei~:ing the process for selection of the Airport Commissioners. Since three Co~i~i°ner§ ~b~. are set to expire in June of this, and if any changes were to be made in t~91ection P~6~S~, this would be an appropriate time. She felt the selection pr~e~s for Ai~ Commissioners should be changed. She recommended th~,;~i~h:.e applicants for Airp~ Commission go through the interview process. Discussion followed concerning the proposal. ::.,~/~ Councilmember Larson did not see the neces~i':'i~ i~te. rviewi. N~?:~:~ll~:~?applicants and since there has been a shortage in the past for ap~:i'::i:(~ant~?'? ~ie ~?C0~cil can contact the applicants privately to discuss their views on issues. Mayor Ashiku felt the Airport Co~ission is advisory in nat~!~bg:t ::~~ssed concern with Commissioners that do noLd~!~Spectfully with staff and ~ ~§:lic. Through the interview process, Council wil:~l,:,~,~:,~j:~::~::~,~:~ii~ib~:.the applicants b~e publicly because they are representatives of :.t~iiii""~'~i~i ii:: '~:::'"':~:"~'"::~::':?.~:::':'~:??:ii:~! ?,::~i~::~,,~, Discussion followed concerning the'::;i~minati:~?~roce~ ~:"':the City Attorney provided advice. Councilmem~:::::::i~i~:~ii~ii.: was an ad~:'~te that each Councilmember be allowed to appoint his!i~i:~?~'er own::'~:~"'~!~missioner. ~ ::i~9~i§ed the interview process and felt it is awkward~'~:~ demeanin~i ~e expressed hi~ ~Cern that there is no limit on the number of com~i~i~:~that a sing!~?P:.e~[~on can se~"~":°n. Discussion ~iB;~ii:~'~egardi~:~:"~i~:~'~:~'~?::~:"~i~cess and whether Council should interview all commissions a~::~ ~rds. shiku c~:~i:~ i~:e selection process to include a personal interview with the applica:"~ ~0r the Airpo~i~::~mission and the Parks, Recreation, and Golf Commission. Considerad~i~ ~iscussi0n followed concerning the motion and the interview process. Motion ca[~ by the following roll call vote: AYES: Councilmembers Smith, Libby, ~:?'?.:,',?:iBaldwin, a~?~::Mayor Ashiku. NOES: Councilmembers Larson and Baldwin. ABSENT: Regular Meeting May 16, 2001 Page 22 of 26 Councilmember Libby felt that on the general committee selection, Council should have consistent practices and a policy that is legal and in step with the City Code. She discussed a previous interview process that failed to answer any of the questions on the application, while there were two other qualified members of the public that sub~i~ed completed applications and went through the interview process, but were not s:~l~i,~A short time after that, there was a Traffic Engineering Committee applic~i ?:~at appointed over an applicant over an applicant who also did not fill out.: ~i?plication': questions. She felt clarification should be made as to the meaning:?:~::'~"~::,i~mpleted application". Considerable discussion followed concerning Councilmember::~ibby'S':~i~points. was a discussion concerning how the questions on the app!~i,~~ are a~ered. It w~ noted that sitting commissioners are not required to fill .a~i i~:~:~:~,~pplicati°ns. Once an application is filed, it should be deemed complete rat~:~:~'an haV~:'~ihe City Clerk review: ~ each application for completion. ............ M/IlO Ashiku/l~aldwin to amend, by Resol~i~?',~e langU~!~',~ that states that an application is completed when signed for new~:appli~~'~?:~ll cS~missions, and that sitting commissioners need only submit a signed letter :~~sting reappointment by the Discussion followed concerning and whether so~:~ii~:: be exempt from this procedure. M/FIC Ashiku/Baldwin amending t~:~::~revious ...... that the procedure would only apply to the public member on t~i,,i!pve~~t ae, Traffic Engineer Committee, Civic Service Board, Libr~ ~i!~:Ory and Cultural Arts Advisory Board, and w~ to the Di:~r Council ~:r other City Council committees elected offici. ,ould be exe~',~:. Further.::~i~i~ssion follo~ concerning tl~ ~i~'ion and amendment. It was noted that shou~ ~i~ ~:plicant for.::,[~i~ointment, the City Clerk should include the previ~s a~!i~t for consideration so that Council would have background ~ ~,~e:,~:.~::~licant. Th~ would also have the choice of submitting a new application'~{~::,~eappointment. by th::~?:i~i!~i~ roll call vote: AYES: Councilmembers Smith, Baldwin, and Mayor ................................. NOES: ~cilmember Larson and Libby. ABSENT: None. ABSTAIN: M/RC Bald~lhtLarson to amend the Resolution concerning the procedure for appointing commissionei~S to disallow serving on more than one at a time after the current term has : ::~ :: ~:~xpired M~t!~.~iled by the following roll call vote: AYES: Councilmembers Larson and Baldwin. Regular Meeting May 16, 2001 Page 23 of 26 NOES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAIN' None. M/RC Larson/Ashiku to directed staff to prepare an Ordinance to eliminate the number of terms that Commissioners can be appointed. Discussion followed concerning the motion with regard to experience of:,c~issioners and the amount of term limits on each commission. Motion carried by the following roll call vote: AYES: Councilme~r$ Larson,'~:::~::Rbi Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSEN~?~ne. ABsTain: None Regular Meeting May 16, 2001 Page 24 of 26 MINUTES OF THE UKIAH CITY COUNCIL Special Meeting Wednesday, June 6, 2001 3b The Ukiah City Council met at a Special Meeting on June 6, 2001, the notice been legally noticed and posted, at 4:30 p.m. in the Civic Center Council Seminary Avenue, Ukiah, California. Roll was taken and the following were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff Service Supervisor Archibald, Public Utility Director Barnes, Ai~~' Community Services Director DeKnoblough, Police Captain Dewey, Fi~:~ce DirectO~E~On, Assistant City Manager Fierro, Interim Fire Chief Grebil, Risg Mana'~/:Budget OffiCe[ Harris, Personnel Officer Harris, City Manager Horsley,:,??,~i~::,::Coordi~tor Klingb~i~ii Community Services Supervisor Sangiacomo, Deputy ::,~:.~ii~:::'?'~[ks Director Seanor,::: Museum Director Smith-Ferri, Public Works Directa~ Engi"~'~er Steele, Planning:: Director Stump, Police Captain Walker, Police Chie~:~iiii~'i::~ms, .~cutive Assistant Yoast.i: and City Clerk Ulvila. 2. REVIEW OF FISCAL YEAR 2001-02 BUDGET A~M:.P:;~!i:SHMENTS AND OBJECTIVES FOR VARIOUS CITY FUNCTIONS .... :::::':'~'~:?, i!?~i?,?~ ~ City Manager Horsley explained that staff is coming b:~/...i:_e,~::Counci!:.:,:~t.o discuss the Departments accomplishments from.l~st year and the objectiV~:~e~~r. Staff will be selecting those items they feel ~i~ i~p::Q~rtance. a. PUBLIC UTILITIES ,:iiii ~ Director Barnes d:'~:.d the~?~"i~as b~::~ ~'::~centration on work at the Wastewater Treatment Plant with s~:.~ rred m~i~ance in replacing some old pumps and grinde:~S~ :~hey installed a :~}estroom a~:~ shower facility and locker room for the crews:~ ~ water Treatm::~:~ Pla~, They have instituted a state required Industrial ~:~ ComPi~i~e Program w~ish ~iii?~'~monitor industrial waste. This coming year they ~:'~e to contin~ ~:o conduct routi~ ~;~intenance and insulation of new facilities on the? [system aa~8 ~il[c:ontinue wit~??,~me minor replacement of obsolete peas and equi~;~en~:'~';~ ~he Wa ~ ~ e~Plant, and to contract for an engineer to do the preliminary d~i~n:~;~'::~{he WaS~{~:?~reatment Plant Expansion and West Side Relief Sewer Projects.:'::::?~ ~:;~::?~ followed~:'~; ~i~g the bid process for the Wastewater Treatment Plant Expan~i~Broject. Th~::~frame related to the West Side Relief Sewer Project and CEQUA r~~ was al~?'"aiscussed. It was noted that staff should dialog with the water and sewer ~ricts as well as the County regarding this project. .... ::::::::::::::::::::::::: Mr. Barnes~Plained that pea of the West Side Relief Sewer Project will also go with the ~astewa~ ~:~eatment Plant Expansion. That pea will probably proceed with the plant ::?,~PSnsi¢~?Staff is looking at dividing the projects into two separate projects. Regular Meeting March 7, 2001 Page 1 of 11 Electric Division Director Barnes explained that they are still working on the calibration/change out program for the meters in the Electric Division, and approximately 1800 meters remain to be calibrated or changed out. They have added some additional switche~,?~,,:,~.nd sectionalizers in the system to breakdown magnitudes of any outages we implemented a compliance record with General Order 165 which requi[~:i?:~?~riodi~A! insullation of their facilities. This coming year they want to finish~:~:::,~e~iAcing PCB transformers left in the system that exceed the California EPA to complete conversion of the 4 Ky to 12 Ky feeders along State Street::~t~~' to Low Gap Road. Other plans include installing underground swi~e~ along O~a[d Avenue to limit the magnitude and duration of outages and to comple~:~ ~ep:lacemen~ ~ calibration of the remaining residential meters Mayor Ashiku inquired if the substation on Low Gap .:~:~is ear~::~ked to be upgraded: :,~ . Mr. Barnes advised that it is earmarked to be rem d and per~p~ made into a switching station. He fu~her discussed the project and w~:~e ~surrou~~::::area. He noted that some of the underground cable may be difficult'to re~ Mayor Ashiku inquired about the money the Governo'~:~?~t::~::aside fei conse~ation programs and noted that he would like to take advantage::~:~ ~gy ~[e~rces that are allocated through NCPA for con i~9~,hat could be utilized ~~ ~ty. Mr. Barnes explained that ~~i~ative ~:'~ ~[~e has be~:~ssigned that task and has been working with NCP~:°n th~ ~Z funds,::~~~~other projects that the City is considering. He explained that t~'~e is ~:?~1 of 72~ ~ters within the system and approximately 1800 still need to be~ha~d out o,~?~librated. All the commercial customers have ~ee~:~ompleted. City Man::~::'Horsle~?~ted that Mr.~:':~~~: staff has done a fantastic job with econstr~ion of the lin~?: Staff will prov~~uncil with another update this winter on Discussion f:~~ ~:garding::~:~:~;~e glare from street lights and how citizens can contact the ele~ ::operations center or City Hall to have someone dispatched to the CounC~i~mber Larse,~?explained that he expected to see an objective regarding expandin~:: City's e~y conse~ation program. arnes I ~ly Mr. B ained that staff will come back to the Council sho with a net metering ~:ct City A~ y f A p rate and co . He noted it still has to go to the orne or review, roblem they ~:~?~?~?~?~?~??~ve with:,~:~e of the programs, pa~icularly the 5X and 29X funds, is that it requires a a:~~ of documentation and follow up as to the effectiveness of the program, which more staff time than they have staff available. Regular Meeting March 7, 2001 Page 2 of ]! Mayor Ashiku noted that other NCPA cities are using it within a defined city function because you can quantify it very easily. Department is the only City Manager Horsley advised th~{~i~:~:imemo City Manager Horsley explained that those funds will be used for the solar panels~n the new addition to City Hall. Water Division Mr. Barnes explained that staff will continue with the replacemen~ii~,'~i;~;?'i:~ ~ystems, upgrading services, updating maps, provide conservation informati0~ ~i~'~ii~:~e sc'~i~iS~,and offering tours of the plant by the schools. There are about 200 old m~'~s that ne~ changed. He noted that this is not an on-going program, however, '~':picks the~ when they find them. He continued to discuss leaks and hlg~ ~er usa~ by custome~ that may be the result of undetected leaks. Staff is a~i~l'~!::'i'~:::~assit cUstomers with detecting leaks City Manager Horsley explained that if someon.e,,?~,!~ a water:i~k::that they are unaware: of, and submit proof of fixing the leak to the City~/~i~iii ~discount~e of their bill because it was something they had no control over. ~i Councilrnember Larson discussed the Planning Depart:~i,,S: goal o~completing the Master Service Element Plan for LAFCO, and assumed th~?~i~e::.Pl~ i~volves water, sewer, and electric utilities, as ........................ departments. He~'~:'~:~ !~at the Planning an objective,:?~ii~: ii ii i ::i'.: all departments informing them of the need of compiling this in~mati~iii~? b. PUBLIC SAEE~!ii:,ii:,?:;,:~:::., po LiCE DEE~~~ ii,~?:~,~: Police Chi~iWi~iams"":~i~ussed accom' ii h ts from the previous year including the purcha~i~'d installatio~ ~f Mobile Vide~ ~i~:S for each marketed patrol car with the depa~~:~::::He advi~e~t~t?y have :e~ienced minimal problems with the units. He disc~ed~:~omp.!~i~i~ ~ ~:~vised that all officers were cleared of any wrong doing. He c~'~/(~~?:'~;~ discuS~:':~:'~'~':~Cess of the program. !yes or th~s~a[ ~nclMde actively recruiting Officers with bilingual abilities. He ::,~his goal i~:'::':;~.~ ~btail with Council. The depaAment is looking at a program to impr~?e bilingual :~iii~::'°f current officers. The depa~ment is also looking fo~ard to implemen~:/::;a com~;~y-wide bicycle safety program. The program would include education a~ enforcement. Discussion ::~:ii~wed with regard to enforcement of bicyclist who violate the rules of the road ~;:,~d that e~8~ation should e~end to adults as well as school age children. Recruitment ~:~:::~;::::'~ in tb~ 8~mmunity for bilingual officers was also discussed. C~ilmember Baldwin advised that he would be very suppoAive of a program that Regular Meeting March 7, 2001 Page 3 of ]1 would encourage officers, as part of their vacation, to attend an intensive language institute training either in California or Mexico. He continued to discuss various scenarios to enhance the bilingual skills of officers, and to encourage Anglo officers to become bilingual Police Chief Williams discussed the use of in-car cameras and the audio tr~ii~er is in the police vehicle. When an officer needs to leave their vehicle~,,:?~ii?,i??,?~ii~:.,standard operating procedure for them to activate their transmitter. Police Captain Walker explained that the units selected were'::~',~,~hased ~h~.::an environmental control device for each unit, due to the heat factor ifi?~Ui~ah during ~ summer months. It is a cooling system for the units. '?? Dispatch Police Chief Williams advised that during the past~,~i~i~'year ~:::~major expenditure for th~: Depa~ment was the purchase and installation ~? ~W di~ital:~:~io recordin~ system in the Di pat Ce te . upgraded omi g on the telephones to the Dispatch area and it has ~:en a':{~D~s h~ip. The division also completed the School Safety Radio Communications Ne~~:He discussed this project in fu~her detail. For the upcoming fiscal year is to obtain and inst~¥~i~ ~?~' enhanced 911 telephone system through impo~ant goa!?~i~?~'~:he installation of a new radio antenna tower ~ill aisc ~efit the Fire and other City Depa~ments. Oouncilmember Larson inquired if:~;:~::~?~°l Saf~:::~:~adio Network is tied into the Critical Incident o~se. olme Ch~f~Wdlmms re~onded aff~rmat~ ~ d~scussed various possible situations in which tb~ ~tem would ~:beneficial. '~ ~ ? is a financial incentive for officers that have bilingual abil':i~~:!!:i~::~t pass a ~i!~ ~Captain w$i:~er noted that there currently is 7 000 law enforcement openings in Police C~i illiam i~fly discussed generating renewed interest in the City's Cadet D r rog ra m. ::::::::::::::::::::: FI R E D E P~M E NT ii]nterim Fi~ ~hief Grebil advised that staff has reviewed options for delivery of services ~andis c~htly focusing on the Joint Powers Agreement that would combine the City's Fire ~~~t and utilize tho California Dopa~mont of Forestry {GDF) under contract. They ha~:::~:~°ntinuod with cooperative relations with CDF and tho Ukiah Valley Fifo District Regular Meeting March 7, 2001 Page 4 of 1] (District) in the West Hills Vegetation Management Program and will continue to update Council on a regular basis during the next fiscal year. During the past year they completed demobilization of the North State Fire Station and consolidated the Police/Fire Mechanic with the Public Works' Central Garage. A 1987 ambulance was replaced with a,~;i~iewer dealer demo Rescue/Ambulance unit, as well as replacement of one of their.::~'?~ defibrillator monitors. The Department enhanced their portable radio invento~i~'~:~avin~:~:~ :~? portable radio issued to each of their on-duty firefighters. The radio wit!':i;~,~ ,with them' whenever they leave the Fire Station and they will be able to communicat~ ~::ii~ ~ch other as well as back to Dispatch in emergencies. The Department has cD~i~:~ted a'~'::~i~:~ ~onth contract with the District and a key element during the past ye~:~,::~;is that the~::: :~av~ integrated their two Volunteer Chief Officers into Duty Officer rg~ation W~'i~h,allows a Chief Officer to be available to the City 24-hours a day, seven day~ ~ ~eek. Objectives for the next fiscal year include providinD~?~',~?~,i§moke'~:~tector program and: ~ targeting seniors and infants. They completed on~:.:~,ig~'i appli:¢ation to FEMA regarding: that program. They will be reassessing their Amb~i~Ce Fee ~::~ule and revising it as appropriate and will continue support of the W~~:~ ]etati~M~agement Program. The Department will be looking to certify onb em a Razardous Materials Specialist and provide all Federal and State mandatedThe Department plans to conduct some Advanced Cardiac Life Support training as oth~?training for all paramedics. Staff will be working~.,~:~0ward standardizing ram with the District. They also plan to rep!~ii~i?,,~olice/Fire Mechanic v~ a defibrillator monitor, as well as install an ~~?,~.~i"~!~;'~~,~ear the fire tr,~ir In an effort to work toward employee reten~i~:~:i:~"t~:plan~ --~:~::~~i~9~e kitche~ ~ppliances, remodeling one of the storage rooms in~ an ~i~er's dor~ii ~"ii~ ~i~i~rior and re-carpet the Fire Station. They will be looking toward::~i~'~i~Dvidi.,~ ~"~heavY"~i~ ~tem for ambulances at the Central Garage and replacing the t~i~?,~,,~!~ appar~:"~bay overhead doors with six The Depa~!~::'is Iook?~ ~Orward to the ~.b~!~i~ent of an employee wellness program, provide ~i~'iime assista~ to the Fire Pr~~i:0n Bureau, and to provide full funding for the ~~tice Firefi( "::'~"::"::'::'"~:'::'":"~'"~ ram. Councilm~ the possibility of relocating the fire training tower tO the Anton g lot, should funds be available for relocation purposes. ad'~i~:~t~i?the biggest value of having the tower located near the Fire on-duty !i'~!i~an train. He continued to discuss the benefits to having the tower clo~i~;.the stati~i~!'':::~':~ He explained that other locations had been considered, but it would be in~venient for staff. c. PLAN N i:~G DEPARTMENT '~'~::'i?~?'i~Janni~! ibirector Stump advised that one of the Planning Department's major a' ii~hment is that they were able to keep functioning for the first eight months of the ye~,~:ith only two planners, instead of three, given the work Icad. During the past fiscal Regular Meeting March 7, 2001 Page 5 of !~ year, the Department processed about 60 large and complex discretionary permits, secured grant money of $120,000 for Riverside Park and $40,000 for the Master Bicycle and Pedestrian Plan. They recently completed a $100,000 application for additional bike and pedestrian improvements, which may be awarded prior to the end of this fisc~i!i'::iYear. The Gibson Creek Habitat Enhancement and Public Access Study was complet~,~i~',~:~ff continues to monitor the Mendocino County Ukiah Valley Area Plan (UVAP)..:::S~bstanti:~t::'::: progress has been made in revising the Mixed Use regulations for the Ai~:!ndustrial Park, which will eventually be reviewed by Council. Revisions to the:H~:~:'~:i~Shelter Ordinance were adopted and staff is close to bringing forward for Cou~i,i~Consi~ion of the Commercial Development Design Guidelines. Staff has:::~:~?~:~e~eloped implementing a new strategy for improving the processing of ps[mits be .n the Plan~i~ and various depa~ments .... ~;~::~:~:.:: ~:?:~.::~,.~::~;:.~::~:~ .... Objectives for the coming year include continuing to j~!~ment t~' Ukiah General with in-house sta~, the final Doolan Creek Enhancff~¥:and P~:blic Access Study shoul~::~ be completed, as well as revisions to the Hil!~ District ~g Regulations. It is anticipated that ce~ification of the EIR for the a~~ ~Avenu.~~et extension project will occur ne~ fiscal year. Staff will be pursui~::~:~'ad°~?~f;~?;~a~r~ ~ Se~ices Element Plan for the City in conjunction with pursuing a reduction~¥~.::~:~City- -- 's Sphere of Influence, as directed by the General Plan. They expect to adopt a :~?~.ign OrdiD~ance and new Nuisance Ordinance. Staff will implement plans to improve,pe:~; ~evie~°rdination;; and processing, create and impleme?~ ~t;~¢velopment and sma~::::~~:'~:~ philosophy, and to continue to secure grant f~~:~'~¥~~?:j~po~ant Iong-r~;~Planning projects. The Building Division has completed~::~j~edu~i~:: requi~:~~'s pursuant to Assembly Bill 717 and the Plans Examiner was as a Pl~?~xaminer for the coming years. The Building ?NiS~:~:~::wants to conti~~:~ to improv~~:' and develop positive working relationships ~~:~i~ing communit~hd general public, develop new Building Permit informatioD~l ~:°chureS?~d to continue t~ ~e~i~P a system of cross training belden the Commun~?~lanning an~ ~uilding Inspect~ ~i~Visions. Di,, of the Sign Ordinance and the lack of a code enforcement'~ ~.~:;.~:~ailable. It that the establishment of code enforcement standards woul~::~'~iSt in enforcement of all City regulations. ;~?::::~::::::~:'::~:~:~'~iimember La~?;~?~:of the opinion that an accomplishment that is not listed is that th~ ~hning staff, ~j~:;j:'ng Commission, and the City Council can be credited with the Ceja proJ~::.which ~;~lated the issue of commercial design guidelines and was presented an~;award for excellence in design from the Chamber of Commerce. .... Mr. Stump ~ised that staff talks to developers about the Ceja project, and developers ~bave beeD~:~..~re cooperative in creating a good design. ~~'~:~::~cussion followed concerning enforcement and a proposed Nuisance Ordinance. Ce~aints received by staff were discussed. Regular Meeting March 7, 2001 Page 6 of 1 ] Councilmember Baldwin inquired about how the $40,000 grant will be used to implement the Bicycle and Pedestrian Master Plan. He also inquired where the original idea came from to revise the Sign Ordinance. Mr. Stump explained that part of those funds are earmarked for crosswalk i~~eme'~(§ in the downtown and for the striping of bike lanes on Gobbi Street, betweeD~,,! ,and State~:~:' Streets. He also explained that revising the Sign Ordinance has been ~,,i~:~ ~Qr many years. The previous Planning Director had begun a project for revising ~80rdi~'~e. and had dialogued with a number of community groups about the Ordi~e, howev~i ~er time the project was set aside. Staff would like to pursue thatprojec~::~::~ ~mpletionl: ':~; noted the current Sign regulations as being difficult for th::~:,~;?;~ib,!ic to u~;8:~rstand. T~ Ordinance would be reviewed and considered for adQ.~',!~ §y:;'~i',;'~he C~ty Councd. He continued to discussed current the role of the Code ~i~emen~:'::ii':~fficer also being the ;, !: City's Plans Examiner/Building Inspector, and his ~i~ Councilmember Libby noted that some time;!::~i~ i~hie discus '~ielectrical signs with ~ iiii~ii~ ....... :::::::::::::::::::::::::::::::::::::::::: ............... .:::::~::::..::~ .... Building Inspector Tuliback with regard to upgraSing t~'~ii?~:,:~;!~ti~:~ns':~'hd inquired if that will be adopted in the proposed Sign Ordinance. Mr. Stump answered affirmatively,~,,::,~,::~at the ULI would be in(:'i~;~,:in .~ ~roposed Sign Ordinance. .............................................. Discussion continued with ~~!i!iii~i~:~sign~;i~iii~;~i;;~?~!!~[h~e~pr~cessi~i?::?~f the proposed Sign Ordinance. It was noted that it is"~':~?ublic-d[::i~?;i~~ii~;i~d will be reviewed by the Planning Commission and then the ¢i~iCo~,~ii;?" There i!'~lso a brief discussion of the business community's interest in est~'~ii~:hii~i!~""'::~tandard,~ ~'i signage. Rec°nven::e~ii~?:~ 5:55 P?~i ~:~ ii Public Work~i!iii!~b~i~'~r Steel~:~:':~i~i~:"that the Engineering Division has been down one position throug~'~'~i~he past year. Accomplishments for the fiscal year included completion ~f ~:g000 Street~'::'~i~iBg P~ject, coordinated preparation of a comprehensive grading, :B::~:~:i~:~ and erosi°~:~":;i',~B~t~i?~ii~lan for the Langley pr,operty, worked with the Mendocino Councii':::':i~ Governmen~ i~OG) to update the City s Pavement Management System (PMS) an~,~ff is cU~i~tly in the midst of the first phase of Geographic Information System (Gl~!.!mplementation project. Objectives ..................... f~..~he upcoming year include implementing Phase 2 of the BiS, undertake a ~?;;i'?:?;:?:~;i~orm Drai~i?;~,;~aster Plan for the City and various drainage facilities, including a drainage :' :'"~,~m~:::;?i~::~tory to determine the condition of the culverts and ditches. Staff plans to so ~?,~roposals for a number of projects, and to administer the contract and grant funding requirements to successfully complete the Corridor Enhancement Project. She discussed Regular Meeting March 7, 2001 Page 7 of 1] updating the Subdivision Ordinance and it being an item of continuous improvement. Many on-going projects involve cooperating with the Planning Department and improvements to those processes. ......... Mayor Ashiku drew attention to a drainage problem on the Darryl Braggs prope~',~ ~ adjacent neighborhood. He inquired as to the time frame for resolvingi~'??~'~'~ iss~ associated with this property. Director Steele advised that the project is included under the D?~ge St~d~i:~:.:: ~She advised that the digital orthophoto that will be done in August will as§::'i~'~:eir depart'~ht in preparing the Drainage Study. She discussed options for resolving t~ i~sue. She advised that the contract for the State Street Tree::~:~,~i~ iS, to beawarded to a General Contractor with an "A" license due to traffic co~ii~'~':::~and t~';~ltering of sidewalks, and there will be a subcontract to a landscaping co~t~;~or thg:~::?~:?ees. She noted that the:: Engineering Division and City Manager have re~i ~d the sPeCific plan and the type of vegetation to be planted. :~?~ :~:?~ ........... City Manager Horsley explained that the specific plan f~?~ ~roject has not been brought before Council for review. The project will encompass the ~::'~:.~mm Bea~n Lane to Ford Street. Fu~her discussion followed 6,~¥~?~ ~ies of trees to ~ ~i~:'~ted. It was noted that the Depa~ment will ins~j~;'~ 8arrier~*~':',~e~..~ees to pr~ct the existing utilities that are near the sidewalk~:~ .... Th~:~;was als.a.;:;~~'~i~:~;~arding the timeframe for installing the turning signal modificati::~S on ~: :' Stree{~: ~?¢~:~w Gap Road. It was noted that there is a proposed developmS~,Lai~ ~e cornering;; ~':~:~::Brush and State Street and depending on the:,,~i~!8:.:.of the develoPment, there would be requirements for some of the street improv::e~~?~;'~?~be area. Howe:r, the[e is money available in the budget for installation~e leff-tU~::~ ~ne arrows. ::~;:~ Coua~ll~mber about th~ ~:k Manor Safe Routes to School Project as to whe~;:i~e :~?~ill the grant. Director Steele:':~:~ !dined that the application was submi~ed on time and they should ~~enotificatio~:~h~i:.~ a c9uple months. If the City receives notification that they will not ~de~d the gran~:?~ b~id~ could still be implemented within a few months. Ci~ Man ~Horsle lained that if they were awarded the grant, staff would draw up the plans a~:~ut .............. the project out for bid for the following spring. Street Mai~hance Division ~pirector ~le noted that they expect to utilize their PMS to help prioritize street repair ~:':~:~?~::~::::pr6~:~tive maintenance, continue on-going maintenance of the storm drain facilities a~ ~::~s, continue with sidewalk repairs and grinding, and street tree maintenance and re~ment. They will continue with on-going and routine maintenance. Regular Meeting March 7, 2001 Page 8 of !] Councilmember Larson noted that it will take $1 million per year to maintain the status quo for the PMS. He continued to discuss funding to maintain the status quo and looking at additional revenue sources. ......... was some discussion concerning the goal to establish a There replacement program ~::'~ Corporation Yard work. Garage Division .... ....... Director Steele explained that the Division merged :W~?"~he Fire:and Police Department mechanic and will continue to maintain their equipi~t. She ~:'::~. that there will be less equipment from the Landfill to manage in the ~~!i ?~':'ii,~:, ........ ,:.::~:/~? Sol id Waste Disposal ..... .... Director Steele explained that staff has been working ~ ~ate agencies to secure approval of a final closure and post:closure maintenance plan ~:~ ;~bave':~n working with Solid Waste Systems to be able::=~:~~t~pur needs until the Tr~~ ~ation is opened. Staff has also been working Ve~ ~[~::~i~ ~ ~e. nd the life of the ~ent landfill until that happens. ...... ~:~?:?~ For the ne~ fiscal year, staff will nee:~ie begi~ Their schedule is to get the contract documents and construct~;~::ings for t~ 8~:i~sure completed by November 2001 and will ne~:~;~;~;~:ordinate the t~':~':'~o veri~ tha{'an engineered alternative cap is feasible. The::~;[',;~;~h~:,:,.would take ¢ during the spring. The bid and award of contract fo~?:~;;~:Structio~ ~f~ the final cap ~u::~ke place next fall. After that, staff will implemeEt?;~::~al correcti~:~:~,~ctions. Staff i~:::.~ently focusing on taking it one step at a Councilme~~:~;~,~i~in in~::'~=:~:'::~;;~;~'~;~'~ when the surplus equipment could be sold. Steele ~~:ded :~at the sale could take place soon after the conventional are ~! , most likely in the early fall. It was her estimate that the value '3men{ i~?;~¥~' the range of $200,000. The money from the sale of the go i~:'~:::'the Enterprise Fund to pay for post-closure costs. Mayor Ashi~::~:thanked Director Steele for a job well done with only eight months on the job, and no~?the various divisions of the Public Works Depa~ment. ¢~ ?:Director Elton explained that the Depa~ment prepared a 30-year financial pr~°n for the Redevelopment Agency. The Depa~ment also hired a new Accounting Regular Meeting March 7, 2001 Page 9 of 11 Manager. He discussed the objective to develop an implementation plan for the new accounting rules (GASB 34) which take effect in fiscal year 2002/2003, He continued to discuss G~SB34, The Department plans to proceed with the review financial software and to con~i~ training and cross-training of positions to provide backup support for depart~i~l styli Discussion followed concerning the new accounting rules, Information Technology ~::, Director Elton advise(J-that most of the accomplishments fQ:.r this d::i~i~ii~n have routine, however, there have been some major accomplish~~:~uch ~,i~e installati~:'~ of the Citywide area network and E-mail being made staff. 'He discussed the benefits to staff of E-mailing. He reported that the .:~ii!i~:'new I~rnet Web site is now::. operational and this division has taken over the respoi~li~ility of maintenenace of that sitel Objectives for the coming year include tram, ephQ~'~stem responsibilities from the Risk Manager/Budget Officer to thc gy Division. The Division will continue to maintain the City's Web site and'::~::~Bi',iii~,~s$ist the Finance and Billing Divisions in reviewing potential new billing and financial s~ e ..... Councilmember Baldwin inq,~!~?~iiiii~bQ~Ut the objective to~i~::'i~~ii~:ate and begin preparations for possible imp[~~i~i~i~ ~ ~iiii!i~:~e~ Citywide co~p~i~'~~ operating system. MIS Coordinator Klingbeii:':'~::~':~:~spo~d by ex~iiii~iil i~ ~:~i?~Ch year Microsoft presents several new operating systems and ~i~i~ey e~i~esent~ii~Option to implement them is always present. So far, the City has r~i~?i"i~owever;~i~:ntually that product is going to stopp being sup~ ?:::New software iii developed:::~or newer operating systems and the City will ~'~'~i',ii~'~i~'?'~ ~:~: up. The Cit~'~:!~As bee:n using Windows 98 for the past three years and.::~':i~ contin~i~ ~°r the next Disc~S~i~ ~Ontinued [~idj~:g reviewiB.g"'?,i~"~:ernate software/hardware solutions that the Purchasing Elton d d the~..functions of the Purchasing Division as being routine. He n~ Ihere are the Purchasing office into the new building once it is constru~: aillin, and:~'~i~llection ..... Direc{or EIt~ reported that during the past year, staff has developed and implemented a marketing pt~:::'for the Ukiah C.A.R.E.S. program. In the coming year the division plans to i ii, eke upg~s and replacements in their billing software and procedures. They also plan ~":.':~':i~ ~.cu~i~,,~i?,~raining of staff in that division., Ci~ ?~anager Horsley advised that a review of the remaining departments Regular Meeting March 7, 2001 Page 10 of 1] accomplishments and objectives will be scheduled for the next Council agenda. 3. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 6:30::~,piim. Marie Ulvila, City Clerk Regular Meeting March 7, 2001 Page 11 of ]] ITEM NO. .~a DATE: August 1, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF SERVICES FROM ASHFORD HEATING AND COOLING FOR THE REPLACEMENT OF TWO HEATING AND AIR CONDITIONING UNITS FOR THE CIVIC CENTER IN THE AMOUNT OF $9,799.22 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the emergency purchase of two heating and air conditioning units for the Civic Center from Ashford Heating and Cooling in the amount of $9,799.22. The purchase was made to replace existing units that were malfunctioning and would not have been cost effective to repair. Ashford's current maintenance contract for HVAC services with the City of Ukiah provides for the replacement of non-repairable heating and cooling units. Replacement of the two units was completed on June 15, 2001. Funds for this purchase were budgeted in the 100.6150.800.000 account (Fiscal Year 2000/2001). RECOMMENDED ACTION: 1. Receive report regarding the purchase of services from Ashford Heating and Cooling for the replacement of two heating and air conditioning units for the Civic Center in the amount of $9,799.22 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. Purchase Order 2. Invoices from Ashford Heating and Cooling APPROVE Candace Horsley, Cit~Manager CITY OF UKIAH ~ SUBMIT DUPLICATE INVOICES ...TO: ACCOUNTS PAYABLE · ' ..' 300 SEMINARYAVENUE · ~' · -.: UK!AH, C~k195482· ".' AcCtS.' payable::(707) 463:6230 "'"' · ". -:Purch'oept.: (707)'463'6233, Fax: (707)"463;,6234 : " VENDOR: ~ - .01012! 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AD ADDRESS !-'~-~-~ '" CITY, STATE, ZIP ' ' ~ CITY, STATE, ZIP ' ORDER NUMBER ~ DEPARTMENT : :S~ESPERSON ~ :WHEN SHIP TERMS ~: , . . ~/,~/,~ QUAN~I~Y J: : : ~ : ' ~ 'PRICE: :' AMOUNT I J/ -- . [ i " , - k/ 03, :BUYER: ~ ':.: :./' : : I ~~..___ _..._ _.~ :::~._ __~ ............. ; : .. 8100 KEEP THIS SLIP FOR REI~ERENCE 7107 NAM~ ADDRESS ADDRESS CI~, STATE, ZIP ' CI~, STATE, ZIP ORDER NUMBER · ~:: '; DEPAalMENT. ' S~ESPERSgN: WHEN SHIP TERMS ::HOWSHIP · DATE . ; :~:::..: : QUAN~.; : ::' :: ' : ~ : ' ::.: :.. c::DEscRI~oN ::::.: : , , BUYEr: : . ;;:. :. ::: I 8100 KEEP THIS SLIP FOR REFERENCE AGENDA SUMMARY ITEM NO. st) DATE' AUGUST 1,2001 REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR "TREES FOR THE MILLENNIUM" GRANT The City was of Ukiah was awarded a grant from the California Department of Forestry and Fire Protection earlier this year, but not in adequate time to be included in the adopted budget. This grant, "Trees for the Millennium", will fund the purchase of trees to be planted throughout the community. The revenue will equal expenses and no local financial match is required. A budget amendment is necessary to allow for the receipt of the revenue ($28,937) and authorize the expenditures ($28,937). This grant will be administered by City Manager's office and the accounting will be established in the Special Revenue Fund (No. 250) since it is a one-time program and a separate fund is not required by the granting agency. RECOMMENDED ACTION' Approve Amendment To The 2001/02 Budget Identifying The "Trees For The Millennium" Grant And Providinq For New Revenue Of $28,937 In Account 250.0600.488.004 And'Allowing Expenditures Of $28,937 In Account 250.1201.690.000. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine Budget Amendment requires modifications, identify changes, and approve revised amendment. 2. Determine Budget Amendment is not appropriate and take no action to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Michael F. Harris, Risk Manager/Budget Officer Gordon Elton, Director of Finance, Albert Fierro, Assistant City Manager, and Candace Horsley, City Manager 1. Grant Standard Agreement, page 1. 2. Budget amendment worksheet, page 2. APPROVED Candace Horsley, lity Manager mfh:asrcc01 0801BA STANDARD AGREEiViENT--' GENERAL b'T0. 2 {l~?V, 5,al I AFPR~VEO ny THE ATTORNEY TAXI'AY~F$ FEX~RAJ. EMIsLL"~ IOENTr'HCATI~N CON_T~I. UED ON Sl'IEE'~:, F-ACH BF.&RING NAME OF Ct3NT?.-~G'T, 0R AJ~D CONTRACT NUMB~. I _ _l,L -- __ · ', '1 . ir i ..... I II1' i .... STATE OF CALIFORNIA J_ 0EPAFITMENT OF FORESTRY & FIRE PROTECTION i _1 i ii ' OOCUM~'N'r $28,937.00 TOTAL AMOUNT ENCUM~R~D TO $ $28,g37.00 Local Assistance IOFI'I~NAL US~I · Trees for the M~lennh. tm 3540-O001-0928 i OBJECT OF EXP~IDITUi~ [COI:~ AND O0-9500-4-1 a.99'96144' I hereby certify upon my OWn pe~erml know/edge ~ NAME AND T1TtE OF PEI~O# $1GNIM , i _ , __ · m3ans 300 8~lna~-Aven~' Dep~e~ ~ Genii Ss~ces Ute O~ NO. Uldah FUND T~ Below i__ 2000 RgCAL YEAR 2000/01 · T,I~A, NO. · -l - 1,1.1 0 I- z 0 ITEM NO.: .sc DATE: Au u t 1 20 1 SUBJECT: ~~Y__R E PD~RZ APPROVAL OF BUDGET AMENDMENT FOR EMERGENCY REPAIRS AT UKIAH REGIONAL AIRPORT Within the last several weeks, two heating/cooling units at the Ukiah Regional Airport succumbed to old age and heavy use. The units are located in the Flight Service Center and the Administration Building. Our records indicate the units were 24 years old and, beyond repair. Since it is critical to maintain a comfortable environment for tenants and visitors at the airport, staff contacted Ashford Heating & Cooling of Potter Valley, the city's contractor to obtain an estimate for replacing the units. Both units installed will cost $9,998. Staff is recommending a budget amendment be made for the noted purchase expense. Staff did not anticipate the collapse of both air/heating units at this same time. In prior years, we had budgeted for simple maintenance and repairs; however, given the age of the equipment and damage, it is now time to replace these units. RE~: Approve amendment to the FY 2001/02 budget, increasing expenditures in account 600.5001.800.000 by $9,998 for the emergency replacement of two heating/cooling units at the Ukiah Regional Airport. ALTERNATIVE COUNCIL POLICY OPTIONS: Not approve budget adjustment and provide staff with alternative funding_procedures. Citizen Advised: N/A Requested by: N/A ~ Prepared by: Albert T. Fierro, Assistant City Manager l Coordinated with: Candace Horsley, City Manager Attachments: Budget Amendment Worksheet APPROVED: ~ : ~ : : ._~ Z 0 AGENDA SUMMARY ITEM NO. 7a DATE: Auqust 1, 2001 REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING COMMISSION APPOINTMENT PROCESS The City Council interviewed applicants for various Commissions on July 5, 2001. Subsequent to the appointment process, Councilmember Libby contacted the City Manager regarding a possible inaccuracy between the staff report and the Resolution regarding the requirement for interviews in the appointment process. Upon speaking with the City Clerk, she concurred that one of the statements in the Agenda Summary Report (ASR) might be in error, but the minutes of the two Council meetings when this issue was discussed had not yet been completed. The City Manager asked that the minutes of this item from both the May 16 and June 20, 2001 meetings be provided in detail for Council's review and discussion. Staff is now bringing this issue back to the Council to make a final determination. The discrepancy involves a statement on Page 2 of the July 5, 2001 ASR, in the last sentence of paragraph 2. The sentence states, "However, incumbents seeking reappointments for an additional term are exempt from the interview process." Attachment ~.4 of that ASR consisted of the "Resolution for Filling Vacancies on City Commissions and Boards." The Resolution states that applicants will participate in a personal interview if the City Council conducts personal interviews for the position, but it does not state that incumbents do not need to comply with the interview requirements. Upon review of the two Council discussions on this item it appears that, indeed, the Council passed a motion to allow candidates to choose whether to participate or not in the interview process (refer to June 6, 2001 draft minutes, page 8 & 9). Whether this statement was for incumbents only or for all candidates is unclear and in either case, is not included in the Resolution. We are therefore, asking for Council's final determination on this item for possible revisions to the Resolution. Additionally, Staff is requesting Council's approval to include the Commissions that require interviews, as the City Attorney did not list them in the Resolution. This will preclude Staff in the future from having to refer back to the minutes to determine which candidates need to be scheduled for interviews. RECOMMENDED ACTION: Council discuss Commission appointment interview process and provide direction to staff. Requested by: Councilmember Libby Prepared by: Candace Horsley, City Manager Coordinated with: Marie Ulvila, City Clerk Attachments: 1. July 5, 2001 Agenda Summary Report 2. Resolution No. 2001-61 3. Detailed excerpt of May 16, 2001 Minutes 4. Detailed excerpt of June 6, 2001 Minutes APPROVED: ~, (~;~ ~.'-'l_.~ ~,,.... Candace Horsley, Cit~M~nager 4/Can.ASRAppt..801 AGENDA SUMMARY ITEM NO. 4 DATE: July 5, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENTS TO AIRPORT COMMISSION, PLANNING COMMISSION, AND THE PARKS, RECREATION, AND GOLF COMMISSION, AND AUTHORIZE STAFF TO WORK WITH MAIN STREET PROGRAM AND RE- ADVERTISE FOR AT LEAST ONE ADDITIONAL OPENING ON THE DESIGN REVIEW BOARD Effective June 30, 2001, the following vacancies will occur: Airport Commission (4), Design Review Board (5), Planning Commission (3), and Parks, Recreation, and Golf Commission (4). A notice was posted and sent to the media regarding these vacancies. As of the deadline of 12:00 noon on June 29, 2001, the following applications were received by the City Clerk's office: Airport Commission: Incumbents: Mark Ashiku, Ken Fowler, James Mulheren, and Michael Whetzel. New applicants: Bill Beard, Mark Davis, Dave Downey, and William Floyd. Of the 4 vacancies, 3 must reside within the City limits. Them is only one sphere of influence seat available and the applicants to be considered for that seat include Bill Beard, Mark Davis, Dave Downey, William Floyd, and Ken Fowler. Two other applications were received after the deadline from Julie Rogers and Sandra Spencer, and staff will encourage them to reapply for future openings as they occur. Design Review Board: By resolution, four members on this Committee must either live or own a business in the City of Ukiah, ahd one individual from the "community at large" may fill the other seat. After review of the applications received and nominations made by the Main Street Program, it is necessary to continue recruitment for at least one additional member who lives or owns a business in the City limits. Therefore, staff is requesting authorization to continue recruitment for the Design Review Board through July 11, 2001. Final consideration and nomination to this Committee will occur by the Ukiah Redevelopment Agency at its meeting of July 18, 2001. Parks, Recreation, and Golf Commission: Incumbents: Jon Henderson, Fredrick Koeppel, James Mulheren, and Perry Ramsey. New applicant: Chamise Cubbison. (Continued on Page 2) RECOMMENDED ACTION: Adopt Resolution making appointments to the Airport Commission, Planning Commission, and the Parks, Recreation, and Golf Commission, and authorize staff to work with Main Street Program and re-advertise for at least one additional opening on the Design Review Board. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for all or selected vacancies and reschedule appointments accordingly. Citizen Advised:.N/A Requested by: Ukiah City Council Prepared by: Marie Ulvila, City Clerk Coordinated with:Candace Horsley, City Manager Attachments: 1. Resolution making appointments to the Airport Commission, Planning Commission, and Parks, Recreation, 'and Golf Commission 2. News Release announcing vacancies 3. Terms of City of Ukiah Boards and Commissions 4. Resolution 2001'61: Procedure for Filling Vacancies on City Commissions and Boards 5. Applications for appointments · Canda'ce Horsley, City~anager Page 2 Planning Commission: Incumbents: 'Michael Correli, James Mulheren, and Jennifer Puser, New applicants: William French, Jr., Howell Hawkes, Mary Lindley, Gaither Loewenstein, and Robert Wallen. Per Resolution No. 2001-61, adopted by the City 'Council on June 6, 2001, the City Council will conduct interviews of applicants for the Airport Commission, Planning Commission, and the Parks, Recreation and Golf Commission. However, incumbents seeking reappointments for an additional term are exempt from the interview process. Per Council policy, the nominations for Commission/Committee vacancies are rotated among Councilmembers. The responsibility for the initial nominations at this time is: Airport Commission: Councilmember Libby Planning Commission: Councilmember Larson Parks, Recreation, and Golf Commission: Councilmember Smith ASR: Commission Appointments 070501 RESOLUTION NO. 2001-61 RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and' b. participates in a personal interview, if the City Council conducts personal interviews for the position. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: 1. Incumbents seeking reappointment for an additional term; 2. Elected officials seeking appointment in their capacity as elected officials; 3. City staff seeking appointment in their capacity as City staff; 4. All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; 5. City Council members, including the Mayor, appointed in their capacity as City Council members; and 6. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written requeSt for consideration within 10 days of the date the appointment is made. 2. Nominations. Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the Counciimembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. c. A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Councilmember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board.. (1) The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next Counciimember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 6th day of June, 2001, by the following roll call vote: AYES' NOES: ABSTAIN: ABSENT: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku Councilmember Libby None None ATTEST: Marie Ulvila, City Clerk Philip A~hiku, Mayor July 19, 2001 City Manager Horsley: At your request, I have listened to the tape of the May 16, 2001 City Council meeting regarding item "12e: Discussion of Committee/Commission Appointment Process and Application Forms and Possible Direction to Staff - Councilmember Libby". The following is a more detailed account of the discussions regarding this matter. Beginning of 12E: City Manager Horsley advised that Councilmember Libby requested this be on agenda for Council discussion. All of the information that was requested at a previous meeting has been provided to Council. Councilmember Libby will provide Council with an explanation of her objectives. Councilmember Libby explained that she specifically asked for discussion on the Airport Commission and has asked for the process for selection of the Airport Commissioners be brought before Council for a couple of reasons. She was of the belief that three Commissioners' terms are set to expire in June of this year, and if Council were to make any changes in the selection process, this would be an appropriate time to do it. She felt the way in which the Airport commission is selected should be changed. "Unlike those Commissioners who serve on Commissions and Committees, the Airport Commissioners do have action authority and spending authority. The Airport is going through growth and more growth is anticipated in the future. There is a considerable amount of money that goes through the Airport, both in the course of normal business and in the construction and operation of the various Airport businesses. The Airport is tucked away, and sometimes we don't really don't see what is going on out there unless we make a visit or we get a report. They operate from a City budget, they collect revenue and they spend money, and to call them an advisory on the committee, I feel is loose interpretation of the words. The Airport Commission is able to set their agendas and disband, and when they need approval from the Council, often it is done, the spending is put on the Consent Calendar and there is no discussion about it. I think we have an obligation to better know whom the Commissioners are and the best way to achieve that is to personally interview the Commissioners during the selection process as we do the Planning Commission. Because we budget several hundred thousand dollars a year for Airport operation, because there is new business out there, and because we have Commissioners who have businesses out there, I would like to have more than just a piece of paper to work with in deciding who will sit on the Airport Commission. I suggested as time in Ukiah's growth and the Airport's growth, to step up in the selection process and require Airport Commissioners go through the interview process. I feel it would be a remiss on our part to do less." She advised that this is discussion that she is bringing forward to the Council. Page 1 of 6 Mayor Ashiku was supportive of the concept of all Airport Commissioners being interviewed and felt it is an excellent idea. It would give you a good sense of their perspective. He inquired if there are any changes to the application that anyone would like to see for the Airport Commission. Councilmember Larson did not see the necessity of interviewing applicants for the Airport Commission. He preferred calling up people on the telephone if he wants to interview them. Mayor Ashiku had a problem with Commissioners who do not deal respectfully with staff or the public. Councilmember Larson felt an interview process does not solidify the Council's perception of someone or their abilities, etc. It's a political process. If Council wants to take on the task of interviewing everybody for every position, including Poet Laureate, so be it. He'll participate in it, but failed to see the necessity. He discussed commissions not having the authority to spend money other than within a training budget. Councilmember Baldwin advocated each Councilmember have the option of selecting a commissioner. He discussed the nomination process. City Attorney Rapport explained the rotation of Council for the nomination process. He discussed the amount of commissions one person can serve on. Currently there is no limit. Councilmember Larson discussed item 2c of the nomination process and felt this procedure has not been followed: "When a Councilmember's nomination is approved by the majority vote of the Councilmembers present or the Councilmember agrees to pass the nomination on." City Attorney Rapport explained the intent of the policy when it was passed in 1995. The intent was that each Councilperson, for each commission, would have the right to continue making nominations until they were either successful (i.e. until their nomination was approved) or they agreed to pass it on. City Manager Horsley advised that she has asked the City Clerk to attach this Resolution each time Council goes through the nomination process. City Attorney Rapport stated that the interview is discretionary with the Council as to whether they choose to do that or not. Councilmember Smith had no problem with the interview process. It gives him an opportunity to speak to the applicants. Page 2 of 6 Mayor Ashiku stated he preferred interviewing the Airport Commission, Parks, Recreation, and Golf Commission, and the Planning Commission. Councilmember Baldwin did not think the interview process works very well; that it is awkward and demeaning. They want to give the answers that they know the Council wants to hear. You get the viewpoint of the majority on these commission but you don't get every viewpoint under the current system. Councilmember Libby discussed interviewing someone that a Councilmember knows. All Council has is the application and the answers they gave. Especially with the Airport Commission, we should be able to talk to them. She did not have a problem extending that to the Parks, Recreation, and Golf Commission. M/S Libby/Ashiku changing the selection process to include a personal interview with the applicants for the Airport Commission and the Parks, Recreation, and Golf Commission. Councilmember Baldwin did not think the interviews serve that great of a purpose. He hopes the whole process will be reconsidered in the future so that all the varied viewpoints could be represented. Councilmember Larson felt it is far more important that perspective commissions be able to ask questions rather than answer them because that's what their job is, and the interview process doesn't do that. Perhaps they could give a speech. Roll Call Vote: Yes: Councilmembers Smith, Libby, and Mayor Ashiku. Noes: Councilmembers Larson and Baldwin. Motion carried. Councilmember Libby was of the opinion that the general committee selection needs to have consistent practices and there is a need to set up a policy. She discussed a previous appointment of a Planning Commissioner who failed to answer any of the questions on the application, while there were two other well- qualified applicants who answered the questions and went through the interview process, but were not selected. A short time after that there was a Traffic Engineering Committee applicant that was appointed over an applicant who also did not answer the application questions. The same Councilmembers appointed both the Planning Commission and Traffic Engineering Committee applicants. She felt there is a need for clarification as to the meaning of a "completed application." She didn't feel that exception should be made for some and not for others. Councilmember Baldwin discussed the last appointment to the Planning Commission in which the applicant spent the least amount of time and had given brief answers to all the questions. He thought that Councilmember Libby was referring to the appointment of Judy Pruden to the Planning Commission who Page 3 of 6 had served 4-6 years prior to that, had spoke to Council on numerous occasions, and had a previous application on file. If Council doesn't know where they stand or whether they can fill out an application, then they shouldn't get appointed. Councilmember Libby noted that it states that "completed" applications must be turned in to be considered a legitimate application. She asked to set a policy and inquired if we accept applications that are not completed? Mayor Ashiku felt the standing policy has been that sitting commissioners are not required to fill out "new" applications and that applications that are filed are considered complete whether there is one or five sentences. City Clerk Ulvila discussed the potential burden placed on her as filing officer to determine if the applications are complete. This would require her to review each application whether submitted in person or by mail. She felt there is a need for more definite criteria. Councilmember Libby spoke about when the questions are not answered at all. The City Clerk should say that the completed application must be turned in by the date to be a qualified applicant. You have said before that if you don't have to complete... She looked through the codebook, etc. and cannot find that anywhere. That's something that we need to clarify. Are we going to say that if you are sitting on a commission already, you don't have to answer the questions, even though their thoughts and ideas have changed in four years? Mayor Ashiku stated that when he was appointed to the Planning Commission, he was called back and told that he didn't need to resubmit an application because the original was on file. All he had to do was submit his intentions if he wanted to be reappointed. Maybe it's not in the code but that's what the past policy has been. Maybe we need to state that's the policy. That's how it's always been that he knows. He did not see any reason to see why sitting Planning Commissioners should fill out a new application. We have the old application and an opportunity to interview them. He felt it fine to establish written criteria so there won't be any confusion in the future as to whether the process is completed. It's up to Council to establish that sitting commissioners don't have to fill out new applications and that the application, as filed, is considered a completed application. Discussion followed. City Attorney Rapport suggested that the Resolution could be amended that applicants need only submit a "signed application" by the deadline, and then reviewed by the Council. They don't have to go through the ordinance process. Councilmember Smith inquired if the three Airport Commissioners up for reappointment should submit new applications, or just sign an application stating Page 4 of 6 that they want to be reappointed? If they have been serving since 1998 or 2000, have we had any complaints about their service? Councilmember Libby stated that it's not part of the discussion. Mayor Ashiku stated that if an existing commissioner has an application on file, they could submit a signed statement by the deadline that they wish to be reappointed. A signed application for new applicants ought to be considered a complete application. Then Council can judge whether it meets its own criteria as far as completeness, answers, etc. Councilmembers Smith and Baldwin voiced their support of Mayor Ashiku's recommendation. Councilmember Larson stated it's up to the judgment of this Council as to whether the application is complete. Sitting commissioners don't have to fill out a new application unless they want to add to their previous application. They should be given a copy of their original application. They can provide additional information at their discretion. He did not think applicants need to be subjected to an interview unless they desire it. Councilmember Libby inquired, with regard to the three Commissions, if they had been appointed once, would they have to go through a personal interview? Councilmember Larson stated that it was his intent that the sitting commissioners don't have to go through the interview process. Mayor Ashiku felt that issue was taken care of in the previous motion regarding interviewing all commissioners. M/RC Ashiku/Baldwin to amend, by Resolution, the language that states that an application is completed when signed for new applicants to all commissions and sitting commissioners must only submit a signed letter requesting reappointment. He restated the motion that new applicants must submit a signed application and that is considered a complete application when submitted by the deadline. All sitting commissioners must request reappointment, in writing, by the deadline, by submitting a signed letter. Councilmember Larson noted the motion implies that all candidates, including sitting commissioners shall be interviewed. Mayor Ashiku felt that exemptions should be given to elected officials and city staff, and this would only apply to the public member on the Investment Oversight Committee, Traffic Engineering Committee, Civil Service Board, the City's representative on the Library Advisory Commission, Cultural Arts Advisory Board, and would not apply to the Disaster Council or the other City Council Page 5 of 6 committees. This is in reference to the application. He felt that Councilmember Larson is correct. Councilmember Larson asked if appointees (presumably for all committees that Council wants to interview) and sitting commissioners would still be subjected to an interview? Mayor Ashiku felt that question had been answered. Councilmember Libby was not clear on the motion. They only need a signature on the application and they don't have to answer the question? Why do we even have applications with questions? Councilmember Smith stated that for new applicants they had to do it, but sitting commissioners' only need to submit a letter. Mayor Ashiku felt that the reason we are asking them to have a signed application as being complete. The interview process allows us to examine in further details as to why a person failed to answer a particular question and allows this Council to weigh the merit of that application. It puts the responsibility back on Council. City Clerk Ulvila stated that in most cases, the applicant's previous application is attached. ' Mayor Ashiku said that for the future process, if anyone asks for reappointment in writing but does not submit a new application, it would be very helpful to have the original application with answered questions included in the record. Roll Call Vote. AYES: Councilmembers Smith, Baldwin, and Mayor Ashiku. Noes: Councilmembers Larson and Libby. Motion carried. M/RC Baldwin/Larson to amend the resolution on appointment of commissioners to disallow serving on more than one commission after their current term expires. Roll Call Vote: AYES: Councilmembers Larson and Baldwin. Councilmembers Smith, Libby, and Mayor Ashiku. Motion failed. NOES: Respectfully submitted, Marie Ulvila, City Clerk Page 6 of 6 June 6, 2001 Regular Meeting Draft Minutes of Item 10b. 10. UNFINISHED BUSINESS ~Ordinance Concerning the Term~iiii~ (ii)Adoption of Resolution Amending P:.r~dures Commissions and Boards ~?~ ~? ...... Ci~ Manager Horsley explained that at the ~ of ~ay 16, 2001, the Cit Council discussed the various aspects o[ appoin~=~:=~Commissions and Commi~ees with regards to terms, e~ the ap~ ent process. The City Attorney has prepared an ordinance that?,i~nds the terms of office for members of the City Commissions and Boards ~:;~'~iiiSIso a resolution that amends the procedures for filling the vacancies on ~"~:::i~:i~,~Co~i~sions and Boards. In addition, Councilm~ber Libby has asked that'::'~~ii~'i:'~cussion be had on several of the actio~.~i~'i~ii!~e:?:~ken at the last Cou:~i~eeting, before a vote is taken. ...... .... Counc~lmember L~bby expla~n~:~::::that .~:: wanI~~,~::~.'make sure at the last Council meeting when I had ask~ ~n~::~::!~:~genda~id, that discussion of the way the Airpo~ .~ommissioners ~~pointed, ~ to review that, that it did opened the~:~~~ll the other t~s that Council did that night. I know we were lat~~:~:~:~:~ar as changi~:~e 9[dinance and terms limits and all that Ci~~ [ney Rap:~:.~:.i~::~a:~t reca!!:~:f~ discussion. Councdme~ber~bby expla~nea"that we asked for d~scuss~on on the process ~n which the A~?Commission were appointed and then the discussion went ~er ~nto term~!~;[[S for::~other commiEees and stuff. That one subject probably the door Fd e~ing else. ............... ~:~::::: City ~ey Rap~6~: You mean in terms of the Brown Ac? ~%~:~ ~ Councd .... ~?.~ ~:~:~:~ Libby · Yes, and what we did. ':~ ~ayo[~?~$hiku felt that the agendized item was "all commissions". ~%~Cit~anager Horsley explained that at that meeting where the Mayor asked .~at ~t be for all commissions as well. Page 1 of 10 Discussion followed concerning the matter and consensus was that the ma~er discussed at the last meeting concerned general procedures for appointing ~i! Councilmember Libby advised that some of the changes we ma~:~:::~:~:,:.~i~Dow it was late and I kinda felt kinda rushed through, and now it's late again? ...... Mayor Ashiku inquired if Council would prefer to discuss the ~r at an°~:~:~: , Counc,lmember Larson stated he was ready to pr~::~ ....~'~:~??~?::~:~ "' .~.~?~?~" ; pp' p .. Because we have a list of questions used in the in~i~ process based on the questions and answers on an application, and it reallY~::~D't make ~ense to her that we say we want to know as much about the applic~~.:, po~]~ie because we are going to be appointing::~~,~:~:..~They are going to be ~i~'~'to what she calls "sensitive commi~ee~~~ ~9~ns" that affect the..~?~ We are going to conduct inte~iews a~d~~n th'~~b,eadth, we alt~e resolution that requires the applicants o~:e applic~ ~h:a?~erS~':':' I think I don t want to leave an impression we r? ch?~ging tb~ ~ol"~i~ ~aybe give credibility to maybe some things that we ve W~g ~D ~::~ past. ~.] ~'t know of any employer that when they a.~.e inte~iewing a~~i~g application's for job that they they will accept an ~i~ ~ as completed~h just a signature on it. So, I have some real con~s"~~ ;"r'~:~ /hat we put '~;~:~her6 ~as far as just application is deemed compl.~?~hen jusl ned and not the questions. I think we are something that's not go set, doesn't look right with the public g the term limits. If to rescind term clear that they are for term limits and there is a of a when we say there is no term limits. And I ~ just don't perception with the public. Aisc in this, I don't see where we .... ::~i~;~~d~talked abo~ ~omegne is asking for reappointment, it says they must make :~~:'~ ................................ '~:~ n request ~~adline for the reappointment. But there was also, I tho~(;~ ,e agreed ~:'are to submit w,th th~s request an application that they ~ ~:: previ~ (;~had fille..~'~:~t at another time. Othe~ise there's.., if they have any ~::~ change~ ~t an~hin'~ they want to change on that application to also comment ~::::~ that in t~ ~t the same time. But the way this is wriAen, anybody that is reapplyid ~? all they have to do is write a wri~en request to reply for the reappoin~'~ ~ent and they are not submi~ing a copy of their previous application %~with ~eir ." .:~;_ :~_.~nswers. This kinda gives "good cie' boy perception I'm sor~. Go ~~ao~'~nu, hit me. Page 2 of 10 Councilmember Baldwin: And it will be with my best shot, okay. First, ther~:~,:~:~,~i~ significant difference. These people are volunteering for their community,.~, W~ are not hiring them to be our employees. Secondly, if any one of us what we see in front of us, in terms of the application, if we see it's S!~, it's misspelled, it's worthless, it doesn't respond the way we want, we .a~{~e::.ones that have the choice to say "This person doesn't cut it and individually." You put yourself on the line and say this person to fill out the form and I'm not going to support them. That's authority we have up here. But, again, I go back to the:~most Those people who were most diligent, most thoughtful spelled and used grammar the best on their application, and hours, they weren't considered. The person you nominated responses of all on her written application. So, come on ~ii'~i~;;,::, Councilmember Libby: I'm not talking talking about turning in a completed application. If we ar~'~:'not to do that, then why even have an application with questions Just have their name, address, and other personnel things. Why even ask ~ns? Oq:[~ last ... what we've just sent out our news release, asking when we filling the vacancies .... ~:~::~:~:':'" ' in this news release~::~::~ap hcations must be full prior to that s what wason:~ere~:.::~:~?:~:~hlS~:.~!s what has been and I really, I can't see what the big?.~i::~: is ':~::~At:: be~qause we, o~?~uestions we ask during an inte~iew are :~SUnc~ ~ff what t~:~ ~..r~B~d in. Now, I don't say when they turn it in, someone to st:~d~:~he:~?~ ~::~has t2 scrutinize their answers. But if they truly are A~Ply~::~::~f0r a p~:;~h, I don t think having a completed application is,~ problem~i~an, I don':'~how of any other jurisdiction or whateve:[~::~ ~s Here's an~Plication but don't bother answering the question~i~~~ informality t~we~:~ve on here to fill it out. It doesn't make ~nse, Phil. ~::::~ ~:~:::~:~;~:::~:~:~:~::~:~::~:~;:.~;~ C~'~Ai~ember ~i~ia~::~:Aised ~:~i~ makes pedect sense. You put yourself o:~:~{he J~J~y d~~~ ~illed it out the best. . ~A,~::.~:::::~ ....... Councdmemb~e[~Larson expla,ned that a blank or sparse appl~cabon speaks for ~:~?~;~ ~!~. It s a mes~ge ~n .its self ~f that s what the person s mtent~ons are. I'm not ~?.~:?~ ............... ~~ ~O take it ve~e[i~Sly myself, nor will l doubt the Council as a whole. B~t ...... I tb'~'~S a minima[~.~:~irement that allows for reappointments of people who s :~.~:~:' origin~i~plication~:~e on file as public record and are supplied to us by the City Clerk. ~e:Y do t even have to do that. They've done that already. They're entitled t~j~st sign a blank form and they are in for consideration. Anybody can :~ do that. ~ean, we want to make the legal requirements for se~ing your City as minimal;~ possible. Our discretiona~ action should be scrutiniy as possible. ":~:~:~ncdmember Libby: So what are you saying. Page 3 of 10 Councilmember Larson: I'm saying that we retain the power to appoint or appoint all of these commissioners and committee members. We can get.~[j~ :~: them anytime we want. We can appoint them anytime we want for obviously. And that power remains with the Council. Period. matter. It is a subjective thing for you as to how you evaluat~iii~.i~¢ne's response to a questionnaire. Some people would better off D~t ~iili~ i~ut because they are ve~ verbal and present themselves ve~::~ll in p~D, Others can write like Hemmingway. ~?:~:~?~?~?~;~::~:: .... Mayor Ashiku: At the last Council meeting we really .di~[~cuss ~~t length. And, in fact, we made the determination that we di~'~::~:?;?~o place our City Clerk in the position of judging whether an applic~ti~as co~;~lete or not. And commissioners, direction was given that all they have:~ ~o~:: is basic~!ly submit a wri~en request expressing their desire to be reconsider~b¢ th=e~ere under no obligation to submit any W~9~material. The City Cler~'~;~:~;~te~ include their previous application in ~;~;~~ia!:that she submits t~? .... That s how I recall it. ~:~;?;~?~ ~ ':~::~ ; :: ~ ~;~ :~:~;~:;~;~:~:::: ....... :::::::::::::::::::::::::::: Cou.cilmember Baldwin' I h~6:: a co~Pl~:::::':'que~fi6~~:Out the wording of the Mayor So, yes, et s~!proceed:;:,~,~,,::,,~:.~ to that, then Coun, n: The ordi~n~;~"that amends the terms. David, is the that mentions,,~hat: the term is four years. specified that the term for that commission is that specific commission. This Section 1200 comes a article of the code that is applicable to all commissions. ~O;~C~lmember My other question, Ithink it's kind of fascinating. mhi'~i~eally fun. do with the order of nominations, and Ithink we'll all enjoy '~?:~ne. A I don't know if you were around. City A~fiey Rappo~: I wrote the original resolution, so if it's bad, it's my fault. Council~mber Baldwin: Okay, let's look at that. It says "Nominations. Each Attorney Rapport advised that he did not change any of that. Page 4 of 10 on kept commission. Councilmember Baldwin: Okay, let's look at that. It says "Nominations. Each Councilmember, including the Mayor, shall have the right to nomin~ candidate from the available pool of candidates. The right to place before the City Council for consideration shall rotate among the based on seniority with the most senior Councilmember going first, luncil shall vote on each nomination as it is made." But then "c" is the "A councilmember's right to make a nomination shall terminat~:~i~.:~!~d the rii nominate candidates shall rotate to the next most senior Council her, councilmember's nomination is approved by a ~gjority :'~:'~,:~ of Councilmembers present or the Councilmember agre~,~p~ss th~mination to the next most senior Councilmember, whichever means, for example, if it were may t~O~' I no~i.nate somebody, you So that could be here all night because I could just ~minati~:.~.ople. And as long as they weren't approved, I would continue~.;~6?~i~ate Councilmember Larson stated that they have t0~?f[°m the eligible pool of applicants. Cou.c. e er Baldwin: to get d. Mana.er over over City A~orney Rappo~: There'~,hi~.::~:~Stop t~¥~iI''''~'~''''~' ~-~ tell you, when this was originally done, whenever that wa:~t~Was a di~sion that went on until the wee hours Councilme~:~s at that time. And they, and I'm glad it comes ti read it, ~u~e~$hat was what they intended. They and th~:~ :' to be kept track of separately for up to Planning Commissioner, you'd until you were successful. And then the same right again. So this rotation was ht were maintained separately for each ~,:~!iii~i;!;!i::i~~:~:~ ...... 'COU~C!lmember ~in: So th~s ~s as close as I m going to get until 2003 to hawng~ch Counc! ~b~ r get their o . C,ty Att~ey Rapport: It s pre~y close to what you wanted. Councd~mber Larson: You weren't that far off. Baldwin: And of course, it's my turn next. Page 5 of 10 Mayor Ashiku: You know what, you get the last nomination because it gog~s Larson, me, you. So you get what's left over. Councilmember Libby: Okay, I have a question. So we, this Cod~il ha,s, agreed to leave off "Applications must be completed in full prior tO!i~mittal. That will no longer be anywhere, put in news release or whateve,[~:~!:~i!~!:~?~:~ ......... Mayor Ashiku: That's correct. But that's the present ordinance'~'~ so, I gu~:~iiii?:;ii~.:.i~ Councilmember Libby: This is something you ~ ~n th~,~!fesolubon you're taking away. Aisc I have a question on the re. (ent for those... City Afforney Rappo~: I don't think, I guess t could reword that to say that you are encouraged to or somethi~ think the intent was that people should be encouraged It was just that we weren't going to reject an appliS~tion''' ::=~;~a~ ~i~d'~the timeline that didn't have all the questions answered or the C'i~i~rk had to decide which, when the application was complete. ::~'~;?;~?~?:~:~ Counc,lmember L, bby: Th~;~ ..... not where she was ~:~!Bg~m. I don t expect the C~ty Clerk to s~..~::[e:'~,~:?:!99k at all the appl~cat~S~:. .... My ~ssue was that this be at least pa~..:.~f~ ~:S on"th'~'~PP!i~tion and th~t's up to us when we look at the applicati::~"S. ~ay, if the~~[~;~,,(~];a8~i~;th~n we can evaluate where we are with that applicati~:~::, ............. ~:'~'~:~[;~[~(~?~::: Ci~ Afforney R.~ppo~: The pr~~?~;~y under~'ding was that the difficul~ City Manager Horsl~;~;advised that W~:;~all;;~:'derstand that. I think that if we say, as has g "the aPl are encouraged to fill out the want them to fill it out but it's just that it · Could we say that "no more than a certain number of CoUnCllmember Li Okay, okay. Also, I thought that in our discussion of the re~ when they turn in a wri~en request, that pa~y of that was ~oi~lo bo in tho resolution that their application from before bo a~ached to tho wri~oquost. I don't undorstand why wo wouldn't put that in tho rosolution to make ~.~e~ clear so thoro's no misundorstandin~s or whon thin~s i'*~i!i~i~,~CounCllmember Baldwin' That's fine with me to put that sentence in there that their previous application would be submitted to the Council." Page 6 of 10 Councilmember Larson: It is his understanding was that the application on file would be provided by the City Clerk since it is in a drawer right next to her deS~i Councilmember Libby: That's true. I mean the City Clerk was to get:'~ii~ii?~'~'lf it's not in the resolution, as time goes on, just by things are done and=~=.~=~ink it's right, when it's not really. Like .... City Manager Horsley advised that we will just add the wor~:~at "The Clerk will submit the previous application to the City Council.." City Attorney Rapport: I was just writing that down.:~:::~::,:~??ii ?:~::~'~iii~:-~.i~iiii::?.:::: ~: ~' Counml~ber L~bby: W~th any amendmem~**~[~'~y halo any amendments to their ... (application). I just think that should b~~e resolving. Mayor Ashiku: That's fair. City Manager Horsley: Okay. .~=~??~:~?~??;?~?;~;~ City Afforney Rappo~: I'm ~[~g;=~be amendment now. Councilmember Smith i~~ as~*='~;~ ~e[ence betwe~Eachment 2 and aEachment 4. ............. City Manager Horsley advised t~ one~J~;:~d lined~;~;~=~he other one isn't. Councilme~~mith: So they're~e same it's just that one is showing us the CountrY'ember* Ba!~in: Do you wa~?~otion on the term? M/S Baldwi~ :h introducing Ordinance, by title only, amending Section 1200 ,::,,,,~,~,,::~,~,:~,,,,~,~,~::~,~:=,~:.:~,, ~,,,,,~,, i g the terms of office for members of City C6~.~s~ons arried by a majority voice vote, with Councilmember L~bS~ng no. Depu~ ~i~ Clerk Fierro read the title of the Ordinance. ~/S Lar~h/Baldwin introducing Ordinance amending Section 1200 of the Ukiah City C the terms ofl~ concerning of office for members of City Commissions and *~{~:Boa~d~arriod by the followin~ roll call vote: ~S- Councilmembers karson, .:~.,: ~ ~ ~ ~~?Baldwin, and Mayor Ashiku. ~OfiS: Councilmomber kibby. ~SSfi~l: ~~. ~BST~I~: ~one. Page 7 of 10 M/S Baldwin/Smith adopting Resolution 2001-61, Amending procedures,~!gr filling vacancies on City Commissions and Boards as amended. City Attorney Rapport read the amendment to the Resolution of: Unde~i88ction 2. Exemptions, the paragraph after item #6, the following shall be iq~!~ ~.~o the end of the last paragraph in that section' "The City Clerk shal/.~U~i:§h::~::::~6:.~ ;City Council with any applications previously filed by such applicants~:~,.~:,~iiii? Discussion followed concerning the motion. Counc,lmember L, bby requested an amendment,,:~t~(~'":'1~e~: poAion the application shall be deemed complete once ~~'" by t~:~'~*~':applicant. The applicant will be encouraged to complete all qu~~.'' ~,~.,~:::: Mayor Ash~ku adwsed that we d~scussed~;~;~,t~Is:~;a~ew mm~s~:,~ago. Don t you recall? C o u n c il m e m b e r L i b by: Ye s we d id. "%~ ~,~',~ ~,~ Councilmember Larson: ~ t~gbt that those two thingS~[~:~Dplication':=~': ~:':~":'::'~ ':::~'~':'~ ~":::':': it say "You are enco~~'~?;~D~er as many ques~[~as'~"~ '""' -'~'~ you can, would or whatever that was." Ou:[~~S th~{?:~~;!!~ccept any a~i~ant that can sign their name on this piec~:~'' pa~:: I mean";:'~{~ ~b~:~iDimai effo~ they need to make. The application, we di~;t get~j~::~:::~:'~th~{~:~:~[~ther they are decent questions, or an~hing. If you w~ ~ ::~;~::~messing:::~ that stuff, then we have to look at all the uestions, and I'd~t~:~On~:~?::..:. leave ~{ to another time. Mayor As~iEb: I maker of t~:::mo~ion has a request. ................................ :.~ ~:~ ~:.:: :: ~.;:::~;~:~;~ ~ Cou~i~i~:~ember It's eas~[~?~t s going to be rejected, but I'd like to suggest an amendment. M/S to motion to eliminate "l-b" on page 2 of the resolution\. ~ · · ~.... ~ ....... .... Ol~~orney participate in the interview. (actually page 2 of ,~ .:i i;~:::' ::'~:''' the ~blution) Mayor ~iku: Any discussion. I can't support that. I believe we need to... _~..c,~mber Larson: To me it's just like the signed application that the City can inte~iews and if someone chooses not to pa~icipate, whether it's a or an applicant, it's their choice. It reduces the likelihood of them an appointment. Ashiku: That's an interesting point of view. Page 8 of 10 Councilmember Larson: They should have the freedom to be ,an applicant ~r this position without having to subject themselves, they shouldn t be requi~:":{~ subject themselves to an interview no more than they should be requ, i~[~;:.~'~: fully complete the application. Councilmember Baldwin: Let's not belabor this. I'm ready fQ[~ the amendment. Councilmember Smith asked if there was a s ~,,~,:to t~ii~i[i!Proposed Motion carried amending the Resolution, ~tOposed by Councilmember Baldwin, by eliminating section "l-b. Pa~icip~~' in a p ~al inte~iew, if the City Council conducts personal inte~iews~;~ :.::~positio~:~::~page 2 from the resolution; carried by the following roll call~te: ~~;::~G~6::hci~i~embers ~rson, Baldwin, and Mayor Ashiku. NOES: Councilmemb~~'{h and Libby. ABSENT: None. ABSTAIN: None. Motion carried cc amendment proposed by following shall be City Clerk shall furnish such applicants.", by the followi~ Smith, Baldwin, and Mayor Ash None. ABSTAIN: None. ion of Resolution 20:~i~i~:]:~iiiiiiiii~Cluding the of'Under SectioQi~il i!i~emptions,: the paragrap~!~ffer item #6: The previously filed by Larson, Libby. ABSENT: City AttQ~'~::"~'~'~?~ii~"~::iiiiiii;'i;ii;'ili~'?'~:"~'~'"~~; I just lost w'~,~,h~B~ned'"~:~;:'~:;~:;~:~::: there. What were the two requ~ Resolution to eliminate the interview. City Oh, okay. City that's... · you know... If you conduct interviews and they don't show up, ~er Larson' Actually we have one commissioner who's up for reapp~ent who may be on her honeymoon at the time of the interviews, and able to. So this may well give us some slack for... Page 9 of 10 Councilmember Libby: You know, this didn't say required. It said participate~ It didn't say they were required, it asks if they participate. I think the wording in that. .. Mayor Ashiku: I believe we are finished with this. Page 10 of 10 ITEM NO. 7b DATE: Au,qust 1, 2001 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND UPDATE OF UKIAH SKATEPARK At the June 6 meeting the City Council discussed potential sites for the development of a skatepark within the City of Ukiah. At that time the Council directed staff to focus on the two sites located on Low Gap Road and Low Gap Park. The Council also directed staff to investigate the potential for placement of individual skate elements in the City parks. Since that meeting staff has contacted REMIF and received the insurance requirements for the individual skate elements in the parks. It is REMIF's policy that regardless of size, the skate area would be required to be enclosed with a security fence and locked during non-operating hours. Under these circumstances, staff is not supportive of the individual elements due to the visual impact on the parks and the increased staffing requirements. A significant negative impact would be created by a six foot chain link fence in or around the playground area or other isolated areas of a park. The fence enclosure will also require regular maintenance and security involving additional staff time. Staff has discussed these issues with the Ukiah Skatepark Committee and it concurs with staff's recommendation that the City's resources be focused on the development of a larger skatepark and not pursue development of individual elements at this time. (Continued on Paqe 2) RECOMMENDED ACTION: No action is requested or recommended at this time. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: N/A Requested by: City Council Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Attachments: 1. Healdsburg Skatepark Photographs APPROVED' LD/ZIP1 Skatepark02.Asr C a n~"~'~e ~0rsley, 'bit%Manager In regard to a permanent park site, staff has met with Mr. Pete Halstad, County of Mendocino Director of General Services and members of the Rotary Club to determine availability of the Low Gap Park site adjacent to the west side of the Ukiah Players Theatre. As the Council will recall, this site is owned by the City but maintained by the County and had been committed to the Ukiah Rotary Club for development of a memorial grove. Rotary has confirmed that the grove project has been abandoned due to costs and that the site is now available. Staff's initial discussion with Mr. Halstad was to determine the County's position as to allowing a skatepark on the site. Mr. Halstad indicated the County would be receptive to the use, however, a formal agreement between the City and the County for Low Gap Park operations would be needed to determine maintenance and liability responsibilities. Staff will be meeting in the next week with the appropriate County staff members to discuss these issues further. Staff will also be meeting with representatives of the Ukiah Players Theatre and Ukiah High School to discuss any concerns either may have regarding the possible project. The status of the Mendocino County Office of Education site, which is east of the Ukiah Players theatre and adjacent to the west boundary of the Sheriff's property yard, is still under consideration by MCOE. Mayor Ashiku and staff met with Superintendent Tichinen to discuss the Council's previous action requesting a development schedule for the site. Superintendent Tichinen indicated that a phase one study and core tests have been completed on the site and that the soil will support development of a facility. He also indicated that MCOE has placed the development of a project scope and site plan on the fast track in order to provide the Council with a definitive development schedule as soon as possible. In addition to these actions, City and MCOE staff are discussing alternative properties for portions of the MCOE project which would be exchanged for adequate area for the skatepark at the Low Gap Road site. This report is being presented to the Council to provide an update on staff's activities regarding the skatepark's progress. Council may wish to provide additional direction or input to staff, however, no specific action is requested or recommended at this time. Skate Park AGENDA SUMMARY ITEM NO. 7c DATE: AUGUST 1,2001 REPORT SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE FIRST AMENDMENT TO AGREEMENT WITH SONOMA COUNTY FOR USE OF HEALDSBURG TRANSFER STATION The City Council previously approved an agreement with Sonoma County to allow Solid Waste Systems, Inc. to utilize the Healdsburg Transfer Station in its transport of waste from our community. Sonoma County is requesting modifications to the agreement to clarify certain issues and establish penalties in the event of non-compliance. The amendments include: 1 ) use of the transfer station during public hours, including Sunday, 2) maximum daily deliveries will be 100 tons unless written notice is given and approval is granted at least 48 hours prior to the occurrence, 3) the total amount of solid waste delivered is not to exceed 15,000 tons [previous agreement was 7,000] without prior written notice and approval, and 4) a penalty of $20/ton is established in the event the quantity of solid waste delivered to the transfer station exceeds the tonnage removed from the station to an out of county disposal site. Staff agrees with the amendments and appreciates Sonoma County's efforts to facilitate the disposal of our waste. However, we do not believe the City should be responsible for any financial penalty if the waste is not transported out of Sonoma County. Since Solid Waste Systems (SWS) will solely be in charge of that activity, an agreement between the City and SWS will be necessary to insure that any and all penalties are paid by SWS. With this contingency, Staff recommends that the amendment to the agreement with Sonoma County be approved. RECOMMENDED ACTION' Authorize The City Manager To Execute The First Amendment To The Agreement With Sonoma County Regarding Use Of The Healdsburg Transfer Station After An Agreement With Solid Waste Systems, Inc. To Pay All Relevant Penalties Is Secured. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine amendment requires further modifications, identify changes, and approve revised amendment. 2. Determine amendment is not appropriate, take no action to approve, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A County of Sonoma Candace Horsley, City Manager N/A 1. First Amendment to Revocable License Agreement. Ca~-ace H~)rSl~y~Cil~ Manager mfh:asrcc01 0801 SolidWaste FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT This First Amendment (the "Amendment"), dated as of ,2001, is by and between the County of Sonoma, a political subdivision of the State of California ("Sonoma"), and the City of Ukiah ("Ukiah"). All capitalized terms used herein shall, unless otherwise defined, have the meaning ascribed to those terms in the existing agreement. RECITALS WHEREAS, Sonoma and Ukiah entered into a Revocable License Agreement ("Agreement") dated , granting permission to Ukiah to use Sonoma's Transfer Station to consolidate and transport Ukiah's solid waste to a disposal site outside of Sonoma County; and WHEREAS, Sonoma and Ukiah desire to amend the Agreement in order to: (1) correct the reference to the hours of operation of the Transfer Station; (2) remove certain conditions on Ukiah relating to maximum amounts of solid waste processed and number of haul-outs per week; and (3) provide for penalties for non-performance of the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Section 1 of the Agreement is hereby deleted in its entirety and replaced with the following language: "1 License. Sonoma hereby grants its permission, subject to all the terms and conditions of this Agreement to Ukiah to use the Transfer Station to consolidate and transport Ukiah's solid waste to a disposal .site outside of Sonoma County. The Agreemem does not grant approval for use of the Central Landfill for disposal of Ukiah's solid waste processed at the Transfer Station. Ukiah shall use the Transfer Station only for deposit, consolidation and loading of solid waste for transport to a solid waste disposal site outside of Sonoma County. Use of the Transfer Station shall be limited to those hours that the station is open to the public Tuesday through Sunday (Mondays are excluded). Notwithstanding anything stated to the contrary herein, Sonoma shall have the fight at any time to refuse access to Ukiah in the event'tonnage capacity at the Transfer Station is about to meet or exceed permit limitations." XTHO 1 !.WPD -1- 07/19/01 2. Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following language: "2. Compensation for Use and Penalties for Non-Performance. 2.1. Compensation for Use of Transfer Station. For use of the Transfer Station, Ukiah, or its authorized hauler, Solid Waste Systems, Inc., shall pay Sonoma Ten and No/100 Dollars ($10.00) per ton of solid waste processed at the Transfer Station. Notwithstanding anything stated to the contrary herein, Ukiah shall be solely responsible for all payments being made in a timely manner in compliance with the terms of this Agreement. The payment represents financial impacts associated with use of the Transfer Station and other costs paid for by Sonoma County residents through local taxes. Such impacts include, without limitation, the amortized cost for use of the Transfer Station and the increased maintenance expenses for the Transfer Station and Sonoma County's roadways. Payment shall be made to Sonoma within thirty (30) days of receipt of a monthly report of the number of tons processed. Failure to pay any amount due within thirty (30) days will result in addition of two percent (2%) per month administrative fee on any amount due Sonoma. 2.2. Penalties for Non-Performance. If the quantity of waste delivered to the Transfer Station exceeds the tonnage removed from the Transfer Station and hauled to an out-of-county disposal site by more than one hundred (100) tons as reported by Sonoma in the Monthly Report, Ukiah, or its authorized hauler, Solid Waste Systems, Inc., shall pay Sonoma Twenty and No/100 Dollars ($20.00) per ton of solid waste in excess of forty (40) tons for any calendar month. Such payment shall be made within ten (10) days of receiving an invoice from Sonoma." 3. Section 5.2.3 of the Agreement is hereby deleted in its entirety and replaced with the following language: "5.2.3. Daily Peak Delivery Quantities. In no event shall daily peak deliveries of solid waste exceed one hundred (100) tons without forty-eight (48) hours' prior written notice and approval by the Integrated Waste Division Manager for Sonoma County." 4. Section 5.2.4 of the Agreement is hereby deleted in its entirety and replaced with the following language: "5.2.4. Total Delivery Quantities. In no event shall total delivery of solid waste under this Agreement exceed fifteen thousand (15,000) tons without prior written notice and approval by the Integrated Waste Division Manager for Sonoma County." 5. Except to the extent the Agreement is specifically amended or supplemented hereby, the Agreement, together with exhibits, is, and shall continue to be, in full force and effect as originally executed, and nothing contained herein shall, or shall be construed to modify, -2- XTH01 !.WPD 07/19/01 invalidate or otherwise affect any provision of the Agreement or any right of Sonoma arising thereunder. 6. This Amendment shall be governed by and construed under the imemal laws of the State of California, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Sonoma. SONOMA AND UKIAH HAVE CAREFULLY READ AND REVIEWED THIS AMENDMENT AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS AMENDMENT, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. -3- XTH01 !.WPD 07/19/01 IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written. CITY OF UKIAH: COUNTY OF SONOMA: By: By: Chair, Board of Supervisors ATTEST: ATTEST: By: By: Clerk of the Board APPROVED AS TO FORM FOR THE CITY OF UKIAFI: APPROVED AS TO FORM FOR THE COUNTY OF SONOMA: By: By: City Attorney Date: Date: County Counsel REVIEWED AS TO SUBSTANCE FOR THE COUNTY OF SONOMA: By: Department Head -4- XTH01 !.WPD 07/19/01 AGENDA SUMMARY ITEM NO. 8a DATE: August 1,2001 REPORT SUBJECT: CONSIDERATION OF RED CROSS REQUEST FOR WAIVER OF RENT The Mendocino County Chapter of the American Red Cross currently leases a portion of the City's North Fire Station facility, located at 1800 North State Street for $1,000 per month. They have been behind in' their rent and utility bills to the City since the first of the year, and Finance staff worked closely with them to make substantial payments every two months until April. We were told that a large fundraiser was planned for June, which would provide sufficient funds to pay the accounts. The fundraiser was held on June 30, 2001, and to the consternation of the Board, there was a $25,000 loss. The City has received a letter from the Red Cross describing its financial situation and asking the City to forgive the past due rent amount of $5,400, as well as future rent through September 2001, for a total rent of $7,430. In addition, the Red Cross owes the City $1,700 in past-due utility usage, which will be at $2,500 by September. The City currently assists in the payment of the total facility utilities by paying up to $600 a month toward the utility bill, with the Red Cross paying any additional charges. The Red Cross evidently has over $50,000 of unpaid bills and is working diligently on a Recovery Plan as well as soliciting sponsors for additional immediate funding. The Board is hoping to get back on their feet once a plan of action is determined. However, they indicate that if they have to pay all past-due amounts to all their creditors they will not be able to continue operating in Mendocino County. Red Cross obviously provides critical services to our area and staff recommends Council defer the rent, in the amount of $7,430, from April through September 2001. Staff is recommending Council defer, rather than waive, the rent as there is a possibility that the National Chapter of the Red Cross may pay the debt. If this does not occur, the City would waive the charge. (Continued on Page 2) RECOMMENDED ACTION: Council approve deferral of Red Cross rent through September 2001, and request presentation of the Recovery Plan by the Red Cross in September. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine waiver is not appropriate and direct staff to pursue collection. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A American Red Cross Candace Horsley, City Manager N/A 1. Letter from Red Cross 2. Rental/Utility Account Summary APPROVED!..~_~. 't '~L~ Candace Horsley, City, Manager 4/Can. ASRRedCr..801 - - ~ There are several issues regarding the facility that should be considered for the future. First, the building is going to require major repairs in the next two years, including air conditioning units, re-siding of the exterior walls, and additional major electrical repairs. Last year, we spent $8,000 on electrical repairs alone. When the Fire Department vacated the building, it was the intention to rent the facility in order to help save for these renovations. Obviously if there is no rental income, these costs will be an additional burden to the General Fund Reserve. We have also discussed the possibility of "surplusing" this property and putting it on the market for sale before these large expenses are absolutely necessary. This option would have to be weighed against any potential needs that the City expects for this property in the future. Secondly, staff recommends that the Council request a copy of the Red Cross Recovery Plan and that the Red Cross Board makes a presentation to the Council in September so the City will be able to determine the future of the Red Cross's occupancy in this facility and that efforts are being made to become financially sound. Board representatives have assured staff they are going to be requesting annual sponsorships from the County of Mendocino for services provided in the entire County area, as well as special sponsorships from private businesses within the County. This year they also received a large amount of funding from United Way that has helped tremendously, but there are specific limitations on the use of the funds. The Board is also investigating the possibility of receiving assistance from the National Red Cross organization in an attempt to continue to provide services within Mendocino County. Staff is recommending approval of deferring the rent from April to September 2001, with the request that the Red Cross Board present to the Council their Recovery Plan and future action steps they will be taking to bring the organization into a healthy financial position. American Red Cross July 18, 2001 Mendocino County Chapter 1800 North State Street PO Box 953 Ukiah, CA 95482 (707) 463-0112 Main # (707) 463-2715 Fax # arcmc@pacific.net Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482 Re: Accounts Payable - Rent on Facility 1800 North State Street Dear Ms. Horsley: Thank you for taking the time to speak with me on Tuesday. We want your department and the City Council to be informed on what is happening to our Mendocino Chapter because it affects you, the City and County entities, and every person living in Mendocino County. Our Chapter is facing critical financial difficulty and we are struggling to keep our doors open. In an emergency session Monday night, the Board of Directors voted to suspend all Chapter activities except those that are "must services" through our charter. There are two issues: can we pay our creditors the $50,000 we owe, and in addition, raise enough capital to continue doing business without incurring more debt. We will continue to fulfill our commitment to provide the Health and Safety Classes that are currently scheduled through September 2001, but until further notice, no additional classes will be scheduled. The Board is meeting weekly and subcommittees have been formed to work with the American Red Cross to draft a recovery plan, to look for additional funding sources, and to determine if this community can sustain our Chapter. If we fail, the Chapter will close. For the ten years that our Chapter has been a chartered organization, we have experienced constant financial struggles. In order to bring our Chapter to a new level of financial security, our board and staff determined that a large fundraiser would be the most practical way to leverage donations from the public and maximize our efforts. We planned a large benefit concert featuring Ricky Skaggs, held on June 30th. Despite the enormous commitment of our volunteers, and despite strong media support of the event, the concert was a dismal failure. Three weeks ago we were optimistic that the concert would raise enough revenue to pay our past due accounts and create a cash reserve fund. Today we may be facing eminent closure of our facility. The expenses incurred for the concert alone are over $25,000. Our plans include: · Our Board and staff are continuing to meet on an emergency basis, working on the Recovery Plan · We are in the process of initiating an aggressive, emergency campaign to inform our donors and supporters of the imminent crisis Candace Horsley, City Manager Page 2 July 18, 2001 · We are also working with our neighboring Red Cross Chapters in the formulation of the recovery plan and alternative sources for immediate funds. Our potential demise would have a serious ripple effect upon our neighboring communities. We are working towards keeping our office open on a week-by-week basis, hoping that a viable solution will be developed. If we are unable to keep out chapter open, if Mendocino County loses the Red Cross presence, the ramifications to our county could be terrible. Possible outcomes include: Loss of local training for disaster workers and the community at large Longer response time for disasters in Mendocino County Loss of local personnel to represent the Red Cross needs to government, organizations and the community Loss of facility, equipment storage area, training center and staging area for disaster relief operations. Elimination of Red Cross CPR and First Aid programs Reduction of current volunteer pool and layoffs of personnel Fewer available resources for disaster relief operations As you are aware, rent due the City of Ukiah for the North Fire Facility that we occupy is past due, nearing $7,000. We request that the City forgive the rent due, totaling $7000, for the months March through September 2001. If the City is able to forgive this amount, it would relieve our overall debt significantly. It reflects approximately 1/7th of the overall amounts owed in our community. We are very aware that we have an outstanding balance with the City of Ukiah, and appreciate your presenting our position and request to the Council. We do solicit for the City's support during this critical time by helping us in whatever way possible. In order to manage our cash flow and continue to provide training, disaster relief and support to our community, we respectfully ask you to consider our request. I am available to discuss these matters, as is our Board Chair, Leslie Kershow. She can be reached at (707) 463-3168. Again, it is with utmost sincerity that I ask you to consider our situation - not for us, but for the citizens of our region who may suffer the most serious consequences of the loss of our Chapter. Sincerelyl Leslie Kershow Board Chair Carole Brod '~y ~ Executive Director / CITY OF UKIAH AMERICAN RED CROSS RENTAL/UTILITY ACCOUNT #2124 Date Description Transaction Balance Due Dec-00 December rent !51,000.00 Utilities(in excess of $600) $353.19 $4,844.38 Dec-00 Payment -$2,613.99 $2,230.39 Jan-01 January rent $1,000.00 $3,230.39 Utilities(in excess of $6001 $422.98 $3,653.37 Feb-01 February rent $1,000.00 $4,653.37 Utilities(in excess of $600) $1,477.20 $6,130.57 Feb-01 Payment -$1,000.00 $5,130.57 Mar-01 March rent $1,000.00 $6,130.57 Utilities(in excess of $600) $1,122.34 $7,252.91 Mar-01 Payment -$2,000.00 $5,252.91 Apr-01 April rent $1,000.00 $6,252.91 Credit to Utilities (Homeless Shelter) -$2,395.43 $3,857.48 Credit to Rent (Homeless Shelter) -$800.00 $3,057.48 May-01 May rent $1,000.00 $4,057.48 Utilities(in excess of $600) $287.94 $4,345.42 Jun-01 June rent $1,000.00 $5,345.42 Utilities(in excess of $600) $478.19 $5,823.61 Jul-01 July rent $1,000.00 $6,823.61 Utilities(in excess of $600) $335.38 $7,158.99 iAug-01 Proiected August rent $1,000.00 $8,158.99 Proiected August Utilities $375.00 $8,533.99 Sep-01 Proiected September rent $1,000.00 $9,533.99 Projected September Utilities $375.00 $9,908.99 SUMMARY Unpaid rent Unpaid utilities Projected TOTAL at 9/01/01 $7,430.39 $9,908.99 AmRedCross 7/27/01 Projected Sept 01 SUBJECI: AGENDA ITEM NO: DATE: SUMMARY August 1,200J~ REPORT APPROVE EXTENDING TRAFFIC SIGNALIZATION FUND FOR SOUTH ORCHARD AVENUE AND EAST GOBBI STREET BACKGROUND: On May 16, 1990, the City Council approved a traffic signalization improvement fund for the intersection of South Orchard Avenue and East Gobbi Street (pursuant to Ordinance No. 882). This area prescribed for the collection of fees, included properties adjacent to Orchard Avenue, from Marlene Street to Kings Court and East Gobbi Street, from U.S. 101 to approximately 250 feet westerly of Orchard Avenue. Most of these parcels have been developed. As a result of a recent traffic study, staff is committed to constructing the intersection improvements within the next 3-5 years. In addition, to constructing a new intersection, improvements will also include, a handicap pedestrian ramp and cross walk striping. Staff will be applying for Mendocino Council of Government (MCOG) infrastructure funds to supplement existing monies for the completion of this important capital improvement project. The improvement fee was calculated on the basis of land use zoning and the intensity of traffic generated by each type of land use. The fees by land use zone were established as follows: PD(R-2) Planned Development $763/acre PD(R-3) Planned Development $858/acre C1 Light Commercial $7,984/acre CN Neighborhood Comm. $7,170/acre The City resolution also provided that the fee was to be reviewed five years after fees were collected. Currently the City has a fund balance of $115,192 in the traffic signalization fund for this project. However, Staff estimates it will cost $230,000 (today's dollars) to complete the noted traffic improvements. Increase in construction costs have been accounted for pursuant to City Resolution 90-47 and will be calculated in accordance with Engineering News Record Cost Index procedures. Therefore, staff is recommending the traffic signalization fund collection process be extended, until construction of the signal improvements. Staff believes this constitutes the review required in the resolution, and that since the improvements have not yet been completed, the fee collection is still appropriate. RECOMMENDED ACTION: Determine that South Orchard Avenue and East Gobbi Street traffic signalization fee has been appropriately reviewed, the fee is still necessary, and approve extending the traffic signalization fund for South Orchard Avenue and East Gobbi Street until all applicable properties have been fully developed. ALII::RNATIVE COUNCIL POLICY OPTIONS: Elect not to extend traffic signalization fund and direct staff with an alternative policy direction. Citizen Advised: N/A Prepared by: Albert T. Fierro, Assistant Cily Manager Coordinated with: Candace Horsl_ey, City Manager Attachments: R~solution 90-4~ Candace Horsley, City Manc}ger 1 4 5 6 ? lO l? 21 27 RESOLUTION NO. 90-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING SOUTH ORCHARD AVENUE AND EAST GOBBI STREET TRAFFIC SIGNALIZATION FEE WITHIN THE CITY OF UKIAH WHEREAS, the City Council of the City of Ukiah has adopted Ordinance No. 882 creating and establishing the authority for imposing and charging off-site capital improvement fees within the City of Ukiah; and WHEREAS, a "Traffic Signalization Study-Orchard Avenue and East Gobbi Street" (hereinafter "Study") has examined the impacts of contemplated future development on existing public facilities in a study area identified in the Study along with an analysis of the need for new public facilities and improvements required by this new development. The Study sets forth the relationship between new development in this study area, the needed facilities, and the estimated costs of those improvements. The Study was prepared by the Public Works Department of the City of Ukiah, is dated April, 1990, and attached herein and incorporated herein by this reference as Exhibit "A". WHEREAS, the Study was available for public inspection and review ten (10) days prior to the public hearing on this resolution; and WHEREAS, the City Council finds as follows: A. The purpose of this fee is to finance the Traffic Signalization of South Orchard and East Gobbi Street as described in the Study in order to reduce the impacts of increased vehicle and pedestrian traffic caused by new development within the Study area which is identified and described in the map of the study area, 1 5 6 ? 9 10 11 12 13 li 15 16 17 19 20 21 9.5 attached hereto as Exhibit "B" and incorporated herein by reference. B. The traffic signalization fee collected pursuant to this resolution shall be used to finance only the public facilities described or identified in Exhibit "A", attached herein. C. After considering the Study and the testimony received at the public hearing, the Council approves the Study, and incorporates such herein, and further finds that the new development in the area identified in Exhibit "B" will generate additional vehicle and pedestrian traffic and require traffic signalization facilities. D. New development in the impacted area has or will create the need for traffic signals to service that area which has not been constructed. Said facilities have been called for in or are consistent with the City's General Plan. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development for which fees are established in Paragraph 3 below, for which the corresponding fee is charged. There is a reasonable relationship between the fee's use and the type of development for which the fee is charged. The fee charged to each development bears a reasonable relationship to the need for the public improvement contributed by the development. Ail of these relationships are in more detail described in the Study. F. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by new d~velopment will not exceed the total of these costs. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the -2- 1 5 6 7 9 10 11 12 13 14 15 16 17 18 19 21 112 113 Ill 115 27 118 City of Ukiah that: 1. Definitions: (a) "New development" shall mean construction of any new structures, such as, but not limited to, residential commercial or industrial structures. This shall not include additions or modifications to existing structures. (b) "Base-year" shall mean the first full year following the adoption of this resolution. 2. An Orchard Avenue and East Gobbi Street Traffic Signalization Fee shall be charged upon and paid prior to the issuance of any bui~lding permit for all new development in the benefit area depicted and described on the map attached hereto as Exhibit "B", except as otherwise specifically provided in Ukiah City Code Section 9543. The Community Development Department shall determine if the development lies within the benefit area, the type of development, and the corresponding fee to be charged in accordance with this resolution. 3. Fee. For new residential and commercial development, the base year fee per acre shall as follows: P.D. (R-2) Planned Development Residential Duplex (Medium High Density Residential) $763.00; P.D. (R-3) Planned Development (High Density Residential) $858.00; C-1 (Light-Commercial) $7,894; C-N (Neighborhood-Commercial) $7,170.00. The fees established herein for the base year shall increase each year thereafter based upon the Engineering News Record Construction Cost Index. 4. Use of Fee. The fee shall be used solely to pay (1) for the -3- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 described public facilities to be constructed by the City; (2) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (3) to reimburse other developers who have constructed public facilities described in Exhibit "A" attached hereto, where those facilities were beyond that needed to mitigate the impacts of the other developers' project or projects. 5. Fee Review. If any fees collected pursuant to this resolution remain unexpended five (5) years after collecting any such fees, the City shall review the fees if and as required by Government Code Section 66001(d) or any amendments thereto. If some, but not all, fees collected pursuant to this resolution are expended as authorized herein, it shall be conclusively presumed that the fees first received are the fees first expended. 6. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days from the date this resolution is adopted. PASSED AND ADOPTED this 16th by the following roll call vote: AYES: NOES: ABSENT: None day of May , 1990, Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson None R: RES 1 -4- Mayo r EXHIBIT "A" TRAFFIC SIGNALIZATION STUDY - ORCHARD AVENUE/EAST GOBBI STREET General Area of Benefit subject to Development Fee: Orchard Avenue, from Marlene Street to Kings Court and East Gobbi Street, from U.S.101 freeway to a point approximately 250 feet westerly of Orchard Avenue. See map attached. 23.97 Acres Description of Public Facility to be Constructed Install 8-phase traffic signal with electronic controller, traffic sensor loops, signing, striping and concrete handicap pedestrian ramp facilities. Cost of Improvements, (Estimated January 1990) Construction Cost Engineering (10%) Administration TOTAL AMOUNT $162,000 16,200 4,000 (1) $182,200 PROPOSED DEVELOPMENT FEE BY LAND USE ZONE AS FOLLOWS: (2) ZONING PD (R-2) PLANNED DEVELOPMENT PD (R-3) PLANNED qEVELOPMENT cl LIOHT COMMERCIA CN NEIGHBORHOOD COMMERCIAL AMOUNT OF FEE/ACRE $ 763.00 858.00 7,894.00 7,170.00 (1) Estimated Administrative cost is intended to include all Staff costs such as initial Study, periodic review of fee, application of fee to specific parcels, and overhead costs. (2) Subject to annual adjustment based upon "Engineering News Record" Construction Cost Index. For administrative efficiency the basis for apportioning costs in this Study Area is the relative size (acres) of parcel because traffic generally occurs in relation to zoning of parcel. -1- ZONE *PD (R-2) *PD (R-3) C-I C-N TRAFFIC IMPACT STUDY - ORCHARD AVENUE/EAST GOBBI STREET SIGNALIZATION IMPROVEMENT FEES VEHICLE GENERATION ANALYSIS VEHICLES/ ACRE 29.0 43.5 120.0 109.0 VEHICLE- TRIP VEHICLES- NET AREA TRIPS ADDED FACTOR TRIPS/ACRE (ACRES) BY DEVELOPMENT 4 116.0 4.74 550 3 130.5 7.97 1040 l0 1,200.0 5.76 6912 10 1,090.0 5.50 -5995 % OF VEH.-TRIPS ADDED BY DEVELOPMENT 3.79% 7.17% 47.68% 41.35% 23.97 14497 100.00% ORCHARD AVENUE TRAFFIC THROUGH INTERSECTION Present No. of Vehicles, ADT Traffic Equation: 6600 % Computation: Estimate of Total Added Vehicles (a) Total Vehicles Through Sisnal, ADT + 7248 = 13848 7248 + 13,848 = 52.34% Development Share of Signals: 52.34% x $182,200 = $95,366 % OF VEHICLE DEVELOPMENT TRIPS ADDED BY SHARE OF FEE/ ZONE DEVELOPMENT SIGNALS ACRES ACRE . , *PD (R-2) 3.79% $3,617 4.74 $763 *PD (R-3) 7.17% $6,842 7.97 $858 C-1 47.68% $45,470 5.76 $7,894 C-N 41.35% $39,437 5.50 $7,170 100.00% $95,366 FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. High Density Residential per Land Use Map *PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map (a) Assumed at 50% of total vehicles added by development (not all new development traffic will use intersection) R: PW9 -2- 1990 VACANT PARCELS SOUTH ORCHARD AVENUE/EAST GOBBI STREET TRAFFIC SIGNALIZATION STUDY AREA PARCEL OR PORTION OF, A.P.# 003-582-04 179-050-29 179-050-30 003-582-05,06 003-582-07 " 180-030-23 003-582-08 179-050-25 179-050-27 179-050-28 003-582-09,10 003-582-11,12 003-582-13,14 003-582-15,16 003-582-17,18 180-030-11 (MHD) 180-030-16 (MHD) 180-030-25 (MHD) 180-030-11 (HD) 180-030-16 (HD) 180-030-25 (HD) EST'D FEE/ AREA/SIZE EST'D ZONE ACRE ACRES FEE (3) C-N $7,170 0.28 $ 2,008 C-N ' 7,170 2.81 20,149 C-N ' 7,170 2.41 17,281 PD(C-1) 7,894 0.28 2,210 PD(C-1) 7,894 0.35 2,763 PD(C-1) 7,894 0.29 2,289 PD(C-1) 7,894 0.18 1,421 C-1 7,894 0.60 4,736 C-1 7,894 2.03 16,025 C-1 7,894 2.03 16,025 PD(R-2) 763 0.24 183 PD(R-2) 763 0.24 183 PD(R-2) 763 0.24 183 PD (R-2) 763 0.35 267 PD(R-2) 763 0.47 359 PD (R-2) 763 0.93 710 PD(R-2) 763 0.86 656 PD(R-2) 763 1.41 1,076 PD (R-3) 858 3.16 2,713 PD(R-3) 858 2.63 2,258 PD(R-3) 858 2.18 1,871 23.97 $95,366 (3) See Ordinance No. 882. that the City expects vacant parcels. This column represents the total amount of funds to collect, over time, from this fee as applied to R:PW9 -3- c~v g L.~O L~ ! r i LEGEND XXXXXY~XX STUDY AREA BOUNDARY PORTION AFFECTED BY PROPOSED FEE EXHIBIT "B" TRAFFIC SIGNALIZATION STUOY ORCHARD AVE./EAST GOB01 ! .......... 1990 VACANT PARCELS SOUTH ORCHARD AVENUE/EAST GOBBI STREET TRAFFIC SIGNALIZATION STUDY AREA EST'D PARCEL OR PORTION FEE/ AREA/SIZE EST'D OF, A.P.# ZONE ACRE ACRES FEE (3) 003-582-04 C-N $7,170 0.28 $ 2,008 179-050-29 C-N 7,170 2.81 20,149 179-050-30 C-N 7,170 2.41 17,281 003-582-05,06 PD(C-1) 7,894 0.28 2,210 003-582-07 PD(C-1) 7,894 0.35 2,763 180-030-23 PD(C-1) 7,894 0.29 2,289 003-582-08 PD(C-1) 7,894 0.18 1,421 179-050-25 C-1 7,894 0.60 4,736 179-050-27 C-1 7,894 2.03 16,025 179-050-28 C-1 7,894 2.03 16,025 003-582-09,10 PD (R-2) 763 O. 24 183 003-582-11 , 12 PD (R-2) 763 O. 24 183 003-582-13,14 PD (R-2) 763 0.24 183 003-582-15,16 PD(R-2) 763 0.35 267 003-582-17,18 PD(R-2) 763 0.47 359 180-030-11 (MHD) PD(R-2) 763 0.93 710 180-030-16 (MHD) PD(R-2) 763 0.86 656 180-030-25 (MHD) PD(R-2) 763 1.4i 1,076 180-030-11 (HD) PD(R-3) 858 3.16 2,713 180-030-16 (HD) PD(R-3) 858 2.63 2,258 180-030-25 (HD) PD(R-3) 858 2.18 1,871 23.97 $95,366 (3) See Ordinance No. 882. This column represents the total amount of funds that the City expects to collect, over time, from this fee as applied to vacant parcels. R:PW9 -3- TRAFFIC IMPACT STUDY - ORCHARD AVENUE/EAST GOBBI STREET SIGNALIZATION IMPROVEMENT FEES VEHICLE GENERATION ANALYSIS VEHICLE- % OF VEH.-TRIPS VEHICLES/ TRIP VEHICLES- NET AREA TRIPS ADDED ADDED BY ZONE ACRE FACTOR TRIPS/ACRE (ACRES) BY DEVELOPMENT DEVELOPMENT *PD (R-2) 29.0 4 116.0 4.74 550 3.79% *PD (R-3) 43.5 3 130.5 7.97 1040 7.17% C-1 120.0 10 1,200.0 5.76 6912 47.68% C-N 109.0 10 1,090.0 5.50 5995 41.35% 23.97 14497 100.00% ORCHARD AVENUE TRAFFIC THROUGH INTERSECTION Present No. of Vehicles, ADT Estimate of Total Added Vehicles (a) Traffic Equation: 6600 + 7248 Total Vehicles Through Signal, ADT = 13848 % Computation: 7248 + 13,848 = 52.34% Development Share of Signals: 52.34% x $182,200 = $95,366 % OF VEHICLE DEVELOPMENT TRIPS ADDED BY SHARE OF FEE/ ZONE DEVELOPMENT SIGNALS ACRES ACRE *PD (R-2) 3.79% $3,617 4.74 $763 *PD (R-3) 7.17% $6,842 7.97 $858 C-1 47.68% $45,470 5.76 $7,894 C-N 41.35% $39,437 5.50 $7,170 100.00% $95,366 FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. High Density Residential per Land Use Map *PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map (a) Assumed at 50% of total vehicles added by development (not all new development traffic will use intersection) ,, R:PW9 -2- LEGEND EXHIBIT "B" STUDY AREA BOUNDARY :;-~:'~~-~ PORTION AFFECTED BY ".:: ~:~;~i~,, PROPOSED FEE ~~ [ TRAFFIC SIGNALIZATION STUDY AGENDA SUMMARY ITEM NO. 8c DATE: August 1,2001 REPORT SUBJECT: APPROVAL OF AGREEMENT WITH COUNTY OF MENDOCINO FOR COST SHARING OF FACILITY CONSTRUCTION AND FINANCING FOR THE COUNTY ANIMAL SHELTER The County of Mendocino has been developing the architectural plans for enlargement and improvement of the County's Animal Shelter facility on Plant Road. This action was prompted by the passage of the Hayden Bill by the State Legislature, which requires boarding animals for an additional three days, which therefore requires new holding areas to meet the requirements of the legislation. Also, the current facility is over 30 years old and is in desperate need of improvements. Due to legislation in the early 90s, cities are now required to pay their proportionate share of the cost for animal control activities. The City, therefore, entered into negotiations with the County for our percentage share of the cost of construction of the Animal Control facility. The Agreement calls for the City to pay its proportional share of construction and financing costs commencing in January 2002, and ending at the termination date of the annual debt service for the Animal Shelter facility or the date of termination of actual impoundment of the City's animals at the County facility, whichever is earliest. The cost sharing will be based on the City's pro-rata share of actual construction costs, which will be determined by the percentage of animals that are housed at the facility. The percentage, currently 19.22 percent, will be reevaluated every five years. It is estimated that the City's pro-rated share of construction and financing costs for the current fiscal year will be $27,400. The County also agrees to share with the City any financial benefits from any future reimbursements under SB 90, which requires the State to pay for increased costs due to mandated legislation. The Hayden Bill, SB 1785, has been submitted to the Mandate Committee by California Counties requesting reimbursement of the additional cost due to this bill. The City Attorney has approved the document as to form and staff is recommending approval by the Council. RECOMMENDED ACTION: Approve Agreement with County of Mendocino for Cost Sharing of facility construction and financing for the County Animal Shelter ALTERNATIVE COUNCIL POLICY OPTIONS: Council approve revised agreement. Citizen Advised: N/A Requested by: City Manager, County Administrative Officer Prepared by: Candace Horsley, City Manager Attachment: 1. Agreement for Cost Sharing for the Animal Control Shelter APPROVED':~"~ ~ ~ Candace Horsley, City M~,nager 4/Can. ASRAnimal.801 AGREEMENT FOR COST SHARING OF FACILITY CONSTRUCTION AND FINANCING COSTS FOR THE COUNTY ANIMAL SHELTER FACILITY IN UKIAH This Agreement, made and entered into this day of ., 2001, by and between the County of Mendocino, hereinafter referred to as "County", and the City of Ukiah, hereinafter referred to as "City". . o o . County and City agree the City shall pay its proportional share of construction and financing costs for the facility commencing in fiscal year 2001-2002 and ending at the date of the termination of annual debt service for the Animal Shelter facility or the date of termination of actual impoundment by the City of Ukiah of animals at the county facility, whichever is earliest. In the event of termination by the City, notice must be provided in writing to the County at least 120 days prior to the end of the fiscal year and shall be effective only upon the first day of the succeeding fiscal year. City's cost sharing shall be based upon the pro-rata share of the actual construction costs of the Ukiah Shelter Facility Project to the total principal debt service. Refer to Attachment A of this Agreement for determination of the total principal debt service amount to be used in making this calculation. City's apportionment shall be predicated on the ratio of City animals (as defined in article 2, paragraph 2, of BOS Agreement Number #00-319) to the total number of animals impounded at the Ukiah Shelter. County shall annually provide City with animal impoundment data in the format contained in Exhibit B, attached and incorporated into BOS Agreement Number #00-319. County and City agree that the City's initial apportionment shall be calculated on the basis of the most recent five-year average of animals impounded at the Ukiah Shelter. For purposes of calculating the initial apportionment amount, impoundment data for the calendar periods of 1996 through 2000 was utilized. As a result of this calculation, the City's apportionment, commencing with date the shelter first opens, shall be 19.22%. County and City agree that the City's apportionment shall be recalculated at each five- year anniversary date of this Agreement. The re-calculated apportionment ratio shall be set on the basis of an average of the City's most recent five-year animal impoundments at the Ukiah Shelter and the recalculated ratio percentage shall be used as the basis for determining the City's pro-rata share for the ensuing five year period. . Commencement date of the cost sharing by the City shall be the date on which the facility opens for business. The City agrees to pay the County its initial prorated apportionment amount within 90 days from the opening of the facility. The City further agrees, within 90 days of each fiscal year thereafter, to pay County the City's apportionment amount. To County agrees to share with City any financial benefits it may derive from any future reimbursement under SB90 related to increased costs mandated by SB 1785. Such sharing of benefits shall be based on the usage factor in existence for the time period of the mandated cost reimbursement. . If, at any time during this Agreement, the debt service issue pertaining to this facility is refinanced to lower interest costs, County agrees to adjust the pro-rata share of cost and pass those savings along to City. o This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed by the parties. 10. County shall indemnify and hold harmless City, its agents, officers and employees against any and all claims, lawsuits, actions, liability, damages, expenses and costs (including attorney's fees), brought for injuries to any person or persons, or injuries to or destruction of property arising out the negligence of the County in the performance of this contract. Where County is found to have caused the injury, damage, or loss only in part, County shall hold City harmless only to the extent the County caused the injury, damage, or loss. City agrees to timely notify County of any such negligence claim and to cooperate with County to allow County to defend such a claim. 11. City shall indemnify and hold harmless County, its agents, officers and employees against any and all claims, lawsuits, actions, liability, damages, expenses and costs (including attorney's fees), brought for injuries to any person or persons, or injuries to or destruction of property arising out of the negligence of the City in the performance of this contract. Where City is found to have caused the injury, damage, or loss only in part, City shall hold the County harmless only to the extent the City caused the injury, damage, or loss. County agrees to timely notify City of any such negligence claim and to cooperate with City to allow City to defend such a claim. 12. In witness whereof, this Agreement has been executed by the parties hereto as of the date first herein above written. 13. Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, telefaxed or deposited into the United States mail with proper first-class postage affixed thereto and addressed as follows: CITY: C/O City Managers Office City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, Ca. 95482 FAX: 463-6204 COUNTY Clerk of Board Office County of Mendocino County Administration Center 501 Low Gap Road Ukiah, Ca. 95482 FAX: 463-4245 CITY OF UKIAH COUNTY OF MENDOC1NO By: Phillip Ashiku, Mayor Chairman, Board of Supervisors ATTEST: Marie Ulvila, City Clerk ATTEST: Kristi Furman, Clerk of the Board APPROVED AS TO FORM: David J. Rapport, City Attomey APPROVED AS TO FORM: H. Peter Klein, County Counsel ATTACHMENT A DETERMINATION OF TOTAL PRINCIPAL DEBT SERVICE AMOUNT Portion of Principal Proceeds Available for Construction (est.) Portion of Principal Proceeds set aside for Required Reserves Portion of Principal Proceeds set aside for Capitalized Interest Portion of Principal Proceeds used in refinancing existing debt 13,700,000 1,957,849 1,724,515 4,388,375 Total Principal Debt Service Amount (Exclusive of Costs of Issuance) $ 21,770,739 Ci .ty's cost sharing allocation (example only): Step 1: Estimated Construction Cost of Animal Shelter Facility Total Principal Debt Service Amount $1,700,000 .-_ 21,770,739 = 7.81% Step 2: Apply results obtained in Step 1 against debt service principal and interest for the year. For example, if the principal and interest payment for fiscal year 2002-03 is $1,825,000, then the portion related to the Animal Shelter Facility would be $142,533 (or 7.81% X $1,825,000). Step 3: Apply results obtained in Step 2 multiplied by City's applicable percentage of 19.22%. In our above example, the result would be $27,395 (or 19.22% X $142,533). Step 4: Results of Step 3 determine City's pro-rata share of construction and financing costs for the fiscal year in the amount of $27,395 as calculated in our example. -f. X u.! n~ h- Z Oo Z o ZO. ~:tux ow u~' :Do 03O ~ o. x ~ .> 0 ._m 'E ,,,.~ ~E ,4- 0 u_ E=c c ~ ,- ~: ,.-.,, ;> u_ 8~ o c ~ ~ ~