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HomeMy WebLinkAbout2000-11-15 PacketITEM NO. 3a MEETING DATE: November 15, 2000 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - DIANA STEELE I am very pleased to introduce to the City Council our new Director of Public Works/City Engineer, Diana Marie Steele. She is a Registered Professional Civil Engineer with the State of California and her professional registration also covers land surveying. Diana received her M.S. in Construction Engineering and Management from Stanford University in 1991. Diana worked for over 18 years as an Engineer with Pacific Gas and Electric Company on a variety of assignments and has supervised over 107 staff members. She also was Project Manager for all phases of the North Gualala Water Company, a $4.5 million project, and for the last year was employed by the Town of Windsor. Diana and her husband live in Potter Valley and she is very pleased to be able to work in the community in which she lives. Diana will be Director of Engineering, Streets, Garage, and Solid Waste Disposal Site Divisions. We welcome Ms. Steele to Ukiah and are looking forward to having a full-time Director of Public Works/City Engineer to fulfill the many duties and responsibilities of this position. RECOMMENDED ACTION: Council help me welcome Diana Steele as the City's new Director of Public Works/City Engineer. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised' Requested by' Prepared by: Coordinated with' Attachment: N/A N/A Candace Horsley, City Manager N/A None Candace Horsley, Ci~ 4:Can:Asrsteele.00 Manager ITEM NO. 4a DATE: November 15, 2000 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY SPECIAL OLYMPICS NORTHERN CALIFORNIA CONCERNING ITS YEAR ROUND SPORTS PROGRAM Kim Theisen and Willie West, Global Messengers for Special Olympics Northern California, will provide a presentation to Council concerning its year round sports program. RECOMMENDED ACTION' Receive presentation. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Citizen Advised: N/A Requested by: Theresa Pickrell, Special Olympics Northern California Prepared by: Marie Ulvila, City Clerk Coordinated with: Candace Horsley, City Manager Attachments: Informational materials regarding Special Olympics ^p ov o: Candace Horsley, City nager ASR:Special Olympics ITEM NO. DATE: November 15, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT ON STATUS OF TAYLOR DRIVE TRANSFER STATION CONSTRUCTION PROJECT Behler Construction Company is the contractor for Solid Wastes Systems, Inc. (SWS). Mike Behler, General Manager of Behler Construction, has submitted a revised schedule for completion of the Transfer Station construction, which verifies they are meeting the Council's deadline. According to the new schedule, the Transfer Station will begin operations by May 1,2001. Mr. Behler is working hand-in-hand with EBA Wastechnologies (EBA) to coordinate the various components of the construction completion process. EBA has completed the requirements for the California Waste Management Board permitting process, which was approved in September, and the Air Quality Permit was issued in May 2000. This project is going forward because Jim Ratto, of SWS, has committed his personal funds to complete the project. When the lawsuit was filed, SWS was unable to receive the Iow-interest loan funding that originally had been approved for the project. Mr. Ratto made a commitment to use his personal funds toward the project to assure that it would be completed in a timely manner. Mr. Behler will be available at the City Council meeting to discuss the project timeline schedule and to answer any questions the Council may have. Jim Salyers, of SWS, and a representative from EBA will also be in attendance. RECOMMENDED ACTION: Council receive Status Report on Construction of Taylor Drive Garbage Transfer ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A 1. Construction Schedule for the Ukiah Transfer Station Candace Horsley, City!Manager 4:Can:ASRTaylorl 1.00 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, November 1, 2000 The Ukiah City Council met at a Regular Meeting on November 1, 2000, the notice for which had been legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Baldwin, Ashiku, and Mayor Mastin. Councilmembers absent: Libby. Staff present: Customer Service Supervisor Archibald, Police Administrative Captain Dewey, Finance Director Elton, Assistant City Manager Fierro, Fire Department Interim Chief Officer Grebil, Risk Manager/Budget Officer Harris, City Manager Horsley, Fire Battalion Chief Hutton, Acting City Attorney Johnson, Deputy Public Works Director Seanor, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Retired Police Chief Keplinger led the Pledge of Allegiance. Fred Keplinger introduced Gary Miles and Gary Phillip Wilson who were instrumental in bringing the Vietnam War Memorial Wall to Todd Grove Park for display. The Memorial will be in UKiah until Sunday, November 4, 2000. He thanked the City for its assistance in bringing the Wall to Ukiah. Councilmember Smith stated that he attended the opening ceremonies and still feels the emotion of the crowd. Mr. Keplinger and the Vietnam War Memorial Wall Committee should be commended for bringing the Wall back to Ukiah. URGENCY ITEM: Mayor Mastin announced that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. The Urgency Item concerns a Closed Session item regarding negotiations with the City's Management Unit. MIS Baldwin/Smith to add an Urgency Item for Closed Session regarding negotiations with the City's Management Unit, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 3. INTRODUCTION OF EMPLOYEES 3a. Introduction of Two Billinq and Collection Department Employees: Barbar~, Heady, Customer Service Representative III, and Kathy Norris, Customer Service Representative II Customer Service Supervisor Archibald introduced Barbara Heady, Customer Service Representative III, and noted that Ms. Heady came to the City from a strong collections background. Her current job duties include issuing utility bills, resolving customer complaints, and collecting the City's utility revenues. She has also been instrumental in the on-going development and promotion of the Ukiah C.A.R.E.S. Program. DRAFT November 1, 2000 Page 1 of ! ! Customer Service Supervisor Archibald introduced Kathy Norris, Customer Service Representative II, and advised that Ms. Norris previously worked for the City as a volunteer firefighter, responding to fires and providing medical attention when needed. Her current responsibilities include Business Licenses, miscellaneous billings for the Landfill and Airport, as well as processing and collecting Parking Citations. She is a long time Ukiah resident. 4. PRESENTATION 4a. Presentation Regarding the County's Possible Purchase of the Ukiah Valley Medical Center Facility on South Dora Richard Langhals, Assistant Director of the Mendocino County Public Health Department (Public Health), advised that the County of Mendocino is currently in negotiations with Ukiah Valley Medical Center to purchase the hospital facility on South Dora. The Public Health Department proposes to move three of their four divisions to the South Dora Street location. The purpose of this purchase would be to consolidate Public Health operations into one facility, where currently they are scattered among several locations. Approximately 112 staff members would move from the current facility on North Bush Street to the South Dora facility. Their hours of operation will be from 8:00 a.m. - 5:00 p.m. Beth Martinez, Deputy County Administrative Officer, explained the County's project committee met with City staff regarding the possible purchase of the facility and discussed areas of concern related to traffic impacts and compatibility with the neighborhood. The County hired a traffic engineer and also held a neighborhood open house on October 17, 2000 to receive input from neighbors. The neighborhood's primary concern was with noise during night deliveries with the current facility. She explained that the neighbors were pleased to here that Public Health will only be operational during normal business hours during the day. Although the County is exempt from the City's zoning process, project committee members met with City staff and reviewed the propose facility use. The City Planning Department expressed concern with regress for the project. The Board of Supervisors was informed of the City's concerns as well as those of the neighbors. She emphasized that there is no plan to relocate the Mendocino County Mental Health Department to the South Dora facility. Pete Halstad, Mendocino County General Services Director, discussed the history of the project, beginning with hiring consultants to prepare a Master Plan for the facilities of the Health and Human Services Department. This Study revealed woeful inadequacy of space, particularly in the Public Health Department. He discussed the Public Health Departments current housing situation, the recommendation to consolidate Public Health functions into one location, and how the South Dora facility is suited to their needs. The purchase of the property is still being negotiated. He noted that Planning Director Stump recommended a traffic study be conducted of the potential impacts of use at the South Dora facility. The County hired a firm to conduct a study of the existing, proposed, and proposed cumulative impacts. The results of the study indicated no harmful affects on the DRAFT November 1, 2000 Page 2 of ! ! neighborhood from the project. Don Rones, Board Member of Ukiah Valley Medical Center (UVMC), discussed the South Dora property sale and advised that UVMC is happy that the County is interested in the facility and feels it is best suited and less disruptive to the area. Although the Board is still negotiating, they will add a statement to the agreement with the County that there will be no hospital use, and that the County be restricted to certain activities at the facility. This will safeguard the site and protect the neighborhood from future hospital activities resulting in noise and traffic. 4. PRESENTATION 4b. Presentation by Mary Hiatt for the Redwood Valley Water District Reqardin.q the Eel River Water Project Application Mary Hiatt, representing the Redwood Valley County Water District regarding the Eel River Water ProJect, advised that the project began approximately five years ago. The Redwood Valley Water District has been able to achieve 56,000 acre-feet of water right from the Department of Water Resources and continues to explore all avenues leading to its own water source. Currently they have 8,000 acre-feet of water right from Lake Mendocino. She discussed water storage and a feasibility study for the Eel River Water Project, and how the Project would benefit other Districts in the County. City Manager Horsley inquired about the locations of reservoirs for holding water. Ms. Hiatt recommended using Lake Mendocino as the water reservoir and discussed the Lake's capacity. She further discussed reservoir potential of sites in Willits, Fort Bragg, Laytonville, Redwood Valley, and at Lake Mendocino. Councilmember Baldwin inquired as to who is the motivating force behind the project and if there is growth-inducing interests. Ms. Hiatt explained that growth is up to the planners and just because you have water doesn't mean you have growth. She explained that John Pinches originally presented the idea to her and she presented it to George Rau, who developed preliminary calculation, which were then presented to the State. This resulted in obtaining 56,000 acre-feet of water rights. She discussed the availability of water for vineyards in Inland Mendocino County or for the development of additional housing. City Manager Horsley inquired if they actually have a water right permit or if it's an application for the water right. Ms. Hiatt advised that they have an appropriations permit that has already been issued. She explained that they couldn't activate the permit until there is a project. The State is requesting a resolution of support so that the studies can be completed so they can activate the permit. 5. APPROVAL OF MINUTES DRAFT November 1, 2000 Page 3 of ! ] 4a. Re_oular Meetinq of October 18, 2000 City Clerk Ulvila noted a correction to page 2, Approval of Minutes, that the motion should read "MIS Baldwin/Ashiku approving the minutes of the October 4, 2000 Regular Meeting. MIS AshikulSmith approving the minutes of the October 18, 2000 Regular Meeting, as corrected, carried by the following roll call vote: Councilmembers Smith, Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: Mayor Mastin. 6. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 7. CONSENT CALENDAR MIS Ashiku/Baldwin approving items a through i of the Consent Calendar as follows: a. Received Report of the Acquisition of Services from Tim Narvaez in the Amount of $9,176.09; b. Received Report of the Acquisition of Services from Peterson Tractor Company in the Amount of $5,064.26; c. Awarded Bid for the Purchase of Liquid Polymer to NTU Technologies, Inc. for the Sum of $23,400; d. Authorized Sole Source Contract for Police Department Transcription Services for the Sum of $24,461.04; e. Adopted Resolution No. 2001-27 Establishing a Twenty Four-Minute Parking Zone Adjacent to 475 South Oak Street; Adopted Resolution No. 2001-28 Authorizing Mayor to Execute Contract 00-$NR- 00355 Between the Western Area Power Association and the City of Ukiah Relative to Base Resource Electric Service; Authorized the Mayor to Execute Contract 00-SNR-00241 Between the Western Area Power Administration and the City of Ukiah to Allow Advancement of Funds for Purchase Power and Wheeling Charges; Rejected Claim for Damages Received from Brent Wrenshall Jackson and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; Awarded Bid for Purchase of Patrol Car Vehicle in the Amount of $23,010.49 to Esposti Auto Dealers. go ho Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 9. UNFINISHED BUSINESS 9a. Adoption of Resolution Approving Home Investment Partnerships Pro.qram (HOME) Ar~r~lication Risk Manager/Budget Officer Harris advised that on October 18, 2000, the City Council DRAFT November 1, 2000 Page 4 of ! :1 authorized the solicitation of proposed applications for the Home Investment Partnerships Program (HOME) administered by the State Department of Housing and Community Development. The City received one application for a 40-unit apartment project at 735 Porzio Lane. The application form identifies the request of $1 million that is loaned to the developer. Of those funds, $975,610 would be used for construction and $24,390 for the grant administration. The required local match of 25% is to be made by State tax-credits secured as part of the project. He explained that the project is site specific and if this project is not approved, the funds would not be allocated. The standard environmental evaluation and site development review process will be conducted by the City's Planning Department. Councilmember Baldwin expressed concern with impacts to the project as a result of being located within a major flight pattern of the Airport. He inquired how the Planning Commission or City Council would be affected at a later date should Council approve this application for this specific site and project. Mr. Harris explained that the Planning Commission would address concerns regarding air traffic patterns and standard development requirements. The developer is aware of the situation; the property is currently zoned R-3, General Plan High Density Residential, and the site development process is required. He further explained that the proposed resolution identifies the application for HOME funds and does not specify that this project be approved. The purpose of the application is to reserve the allocation of the funds. If the project were denied, then the allocation of funds would be given to another applicant or returned to the state pool of funds for later distribution. He noted that these types of funds are available once a year. Councilmember Baldwin discussed the lack of open space areas remaining in the City Limits and felt the proposed site is the largest portion of land remaining in the City. Councilmember Ashiku explained that the Airport Land Use Commission could also consider the project for appropriateness. He felt the project is a great opportunity to increase the housing stock in the community. He explained that the developer is seeking approval of funding prior to processing its project. Caleb Roope, the principal with Pacific Communities of California, explained his firm is an affordable housing provider for families and senior citizens in the western states. He explained that once the application is approved, he would submit a formal application through the City's Planning Department. The project encompasses 40 units, 80% ofwhich will be targeted for Iow and moderate-income housing. A manager for the facility will live on site. There will be a deed restriction that will restrict the use of the property to affordable housing. In response to a concern from Councilmember Ashiku, Mr. Roope noted that the loan agreements would have standard assurances to protect against default. MIS Ashiku/Smith adopting Resolution No. 2001-29 authorizing the submittal of an application to the California State Department of Housing and Community Development for DRAFT November 1, 2000 Page 5 of ! ] funding under the Home Investment Partnerships Program (HOME); the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the Home Investment Partnerships Program. Councilmember Baldwin was of the opinion that this is a pre-approval of the project and expressed concern that it has not gone through the appropriate permit review process yet. He preferred that the City wait until next year to apply for funds and after the project has gone through the permit review process. Councilmember Ashiku explained that he is supportive of the application for a grant and that Council is not considering the appropriateness of the site or land use issues at this time. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: Councilmember Libby. ABSTAIN: None. NEW BUSINESS 10a. Status of Research on Fire Service Option-~ City Manager Horsley explained that approximately six years ago, the City of Ukiah General Fund was in a deficit position. At that time, Council and staff worked together to formulate a plan of action that would bring the City back into financial stability. Part of that plan was that the City would review service options for all of its departments to see that there was a more efficient way to do business. Through a cooperative effort of the Fire Department management, staff, and City Administration, they have analyzed various alternatives to be more efficient and effective. She explained that many fire departments in California have consolidated due to the fact that they can streamline their operations by sharing costs rather than by duplicating efforts. They are also able to meet the increased demands of the public with greater efficiency and effectiveness by consolidation. She discussed ambulance service to residents within the City limits and the mutual aid agreement with the Ukiah Valley Fire Protection District (District). Results of the Ukiah Fire Department Ad-Hoc Committee were reviewed. Fire Department Interim Chief Officer Grebil introduced various members of the Department staff and discussed the organizational chart for the Department, District, and the Ukiah Fire Authority. He also discussed vacancies in these agencies, and explained specific costs, and the Joint Powers Authority (JPA) budget. City Manager Horsley discussed the many benefits to the community should there be a consolidation for fire protection services within the Ukiah valley. Fire suppression response will improve under the JPA-2 Option, as all three agencies will be responding with personnel and equipment. She addressed a concern with ambulance service and the impact upon para-medics. They will be meeting to discuss this issue further. She requested Council's direction whether they would like staff to continue with this process to obtain more information and analysis before going any further. DRAFT November 1, 2000 Page 6 of ! ! Mark Hilliker, firefighter with the Department, encouraged Council to consider Attachment #3 of the Staff Report that lists questions and concerns of many firefighters. He noted that they have been going through this process for two years and have been losing employees. The Fire Department Association welcomes the opportunity to provide Council with additional information to clarify some of the conclusions that have been drawn within the document provided in the Staff Report. Jim Taglio, Vice President of the Board of Directors of the Ukiah Valley Fire Protection District, advised that the Board is concerned with finding the best way to provide services to residents in the Ukiah Valley. For many years, the City's fire protection and the District were one entity. The District Board is now considering options whereby a consolidation of services would provide more efficient services to the area. Many details still remain to be addressed. Terry Poplawski, Ukiah, explained that he is a representative of organized labor within Mendocino County, and supported consolidation of services. Fire Battalion Chief Hutton stated that he was active in putting together the JPA-2 option. He felt a consolidation of fire services for the Ukiah Valley would be best. He discussed problems related to retaining employees in the Department. He further discussed operating efficiency as a result of consolidation that would provide savings in maintenance costs and equipment replacement. It was the Consensus of Council that staff continues analysis of the various options for increasing fire protection efficiency, resolving questions of the Fire Department employees, and continue working with the District. Recessed: 8:15 p.m. Reconvened: 8:30 p.m. NEW BUSINESS 10b. Consideration of Livinq Wa.qe Policy Issues City Manager Horsley advised that at the August 16, 2000 meeting, the City Council directed staff to evaluate and analyze the proposed "living wage ordinance" presented by Councilmember Baldwin. Once the staff committee began its investigated, they found it impossible to do, due to the fact that too many questions and issues related to various components. The committee met with Councilmember Baldwin to obtain clarification as to what was intended, and after his review, he felt it would be best if Council decided what staff should analyze. She thanked staff members and the City Attorney for their assistance. Staff is requesting clarification so that the proposed ordinance can be analyzed more thoroughly. Finance Director Elton discussed various policies and issues identified in the Staff Report in which staff needs clarification. He noted that on some issues, staff provided recommendations. DRAFT November 1, 2000 Page 7 of ! ! A review of the various policies followed with staff's recommendations, and discussion. Policy A: What employees are to be included under the Ordinance? Issue 1. The question arises whether all employees of a firm subject to the ordinance must meet the minimum wage requirements. Council Recommendation: Those employees actually working on the City's contract. Issue 2. Should any categories of employees be exempt from the minimum wage requirement? Council Recommendation: Exemptions for businesses employing 10 employees or less, various types of training programs, and employees under the age of 18 that are working while attending school. Terry Poplawski, Ukiah, expressed his support of a living wage ordinance. He recommended exemptions be made for those employees in training and for those covered by special wage restrictions of government programs. He preferred that employers pay all of their employees the living wage, even if they do not have a contract with the City. He further discussed collective bargaining regulations. Paul Andersen, Ukiah, expressed his support of a living wage ordinance. He noted that a large portion of individuals between the age of 18 and 22 do not attend college. He discussed the intent of the ordinance is to encourage businesses that do business with the City to pay a living wage. Eric Larson, Ukiah, inquired if there has been a survey of those businesses currently contracted with the City with regard to their current wage practices. He discussed the issue of exemptions and that the list of exemptions could be revised by Council from time to time. Policy B: Types of Services Issue 1. What is the definition of "Services"? Council Recommendation: Issue 2. If all types of services are included in the scope of an ordinance, it may take two staff members to just monitor compliance. Most adopted ordinances specify certain types of services subject to the ordinance. The covered services are typically historically Iow paying and have been used by the City adopting the ordinance. Council Recommendation: The following services are recommended for inclusion in an ordinance if adopted: a. Temporary personnel services b. Janitorial and custodial c. Landscaping maintenance d. Pest control e. Security guards f. Facility and building maintenance g. Towing services h. Laundry services i. Refuse and recycling j. Airport related services k. Golf Course services I. Technology Services m. Conference Center, including catering services Issue 3. What if there is only a sole source for a service and the vendor refuses to comply with the ordinance? Council Recommendation: Should be covered under the waiver process. DRAFT November 1, 2000 Page 8 of ! ! Issue 4. What if a local business with the Iow bid for a service does not comply and the next bidder, which complies with the ordinance, is located out of town? Council Recommendation: Does not apply Policy C: Contract Cap Issue 1. If a vendor has several contracts with the City; does the cap apply to all contracts combined or only to each contract as a separate entity? Is the cap applied annually or by contract? Council Recommendation: Apply to accumulated total for Fiscal Year. Issue 2. Should the cap be indexed to the Consumer Price Index (CPI)? Council Recommendation: The index should be that same index used for the salary index and that the cap be $10,000. Policy D: Wages and Benefits Issue 1. What is the salary requirement if health benefits are available? Council Recommendation: $8.75 per hour. Issue 2. What is the salary requirement if no health benefits are available? Council Recommendation: $1.25 more than the salary with benefits. Issue 3. What is the type and amount of paid leave to be required? Council Recommendation: 12 paid days off which can include any combination of holidays, sick and personal leave days, or vacation. Issue 4. What about employee paid benefits offered by the employer? Council Recommendation: The employer is not obligated to pay a higher hourly wage, under the ordinance, if the employee does not take advantage of the available health benefits. Paul Andersen, Ukiah, discussed poverty level wages and the high cost of housing in the Ukiah community. Terry Poplawski, Ukiah, encouraged Council to adopt $8.75 per hour as the living wage. Policy E: City Financial Assistance Recipient (CFAR) Issue 1. Should non-profit agencies be covered by the ordinance? Council Recommendation: Yes, for analysis. Issue 2. Are contracts with both the City of Ukiah and the Ukiah Redevelopment Agency to be included in the ordinance? Council Recommendation: The Redevelopment Agency will need to address this issue separately. Policy F: Compliance Investigation Issue 1. To what extent will staff be required to verify compliance? Council Recommendation: Staff would have to initiate a verification process. Issue 2. Will appeals be allowed? Council Recommendation: They should be considered. Issue 3. Will any waivers to the ordinance be allowed? DRAFT November 1, 2000 Page 9 of :1 ! Council Recommendation. They should be considered. City Manager Horsley advised that she would meet with staff and report back to Council on their findings. NEW BUSINESS 10c. Adoption of Resolution Adopting Records Retention Schedule forthe City of Ukiah City Clerk Ulvila explained that the City Clerks Association of California developed the Local Government Records Retention Guidelines, which have been endorsed by the Secretary of State and approved by the state legislature as Senate Bill 742 in the 1998-99 Session. She met with each City department, discussed their needs with regards to records retention, and reviewed the Guidelines recommended by the Secretary of State's office. The City Attorney and Staff have reviewed the Draft Records Retention Schedule that is submitted for Council's consideration and approval. MIS AshikulSmith adopting Resolution No. 2001-30 establishing a Records Retention Schedule, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN- None. NEW BUSINESS 10d. Discussion of Mendocino Solid Waste Management Authority (MSWMA) North State Street Property Sale Proceed Distribution Proposals Mayor Mastin advised that the MSWMA Board has requested the participating agencies discuss possible uses of the $336,000 net proceeds from the sale of the North State Street property. He discussed options to consider of 1 ) distribute the funds to the various entities according to the participation of revenue to MSWMA, 2) have MSWMA hold the proceeds in an interest bearing account as a contingency for possible relocation of the MSWMA facilities in the next 5 to 10 years, or 3) divide the funds and return approximately 50% to the entities and keep the remaining 50% for the relocation contingency. He discussed the possibility of relocating the Haz-Mat facility in a few years and MSWMA's interest in purchasing property near the Animal Shelter facility on Plant Road for that purpose. It was his recommendation to Council that the funds be distributed by waste tonnage because that is how the money was collected. Discussion followed concerning the various options. Consensus of Council directed staff to inform MSWMA that Council prefers the proceeds be held in an interest bearing account as a contingency for possible relocation of the Haz- Mat facility in the next 5 to 10 years. Council's second choice was that the funds be distributed to the various entities based on the amount of tonnage per entity. 11. CITY COUNCIL REPORTS Councilmember Smith reported that he visited the Vietnam Memorial Wall at Todd Grove DRAFT November 1, 2000 Page 10 of ! ! Park and encouraged people to visit it. Councilmember Baldwin noted the tire service business being constructed on Low Gap Road. Councilmember Ashiku reported that he attended the grand opening of Red Velvet that is a drop in center for teenagers. The center has the makings of a great program. Councilmember Smith reported that he was also in attendance. Mayor Mastin wished all the candidates luck at the election on November 7, 2000. 12. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley advised that she received a letter from Redwood Children's Services. They care for 100 children in foster care and transitional housing, and this Christmas they would like to give each child a large size duffle bag with their name embroidered on them because they move from facility to facility, and the children could use the bags to carry their belongings. She advised that it would cost $35 to sponsor one child and she recommended funding for three children in the amount of $105. Consensus of Council was to fund $105 to Redwood Children's Services for this project. City Clerk Ulvila encouraged everyone to vote at the November 7th election. She advised that she would be out of the office on November 17th to attend a Northern California City Clerks Association meeting in Walnut Creek. There will be a presentation concerning the Public Works Bidding and Contracting process, as well as other import matters related to the function of the City Clerk's office. She will also visit the City of Concord and review their Records Management Program. Recessed: 10:20 p.m. Reconvened: 10:25 p.m. Adjourned to Closed Session: 10:25 p.m. 13. CLOSED SESSION a. G.C. _654957.6 - Conference with Labor Neqotiator Employee Negotiations: Management Unit Labor Negotiator: Candace Horsley No action taken. Reconvened: 10:35 p.m. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned a 10:35 p.m. Marie Ulvila, City Clerk DRAFT November 1, 2000 Page 11 of ! ! ITEM NO.: ? a DATE: NOVEMBER 15, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF OCTOBER 2000 Payments made during the month of October, 2000, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 27122-27238, 27240-27329, 27432-27618 Accounts Payable Manual check numbers: 20576 Payroll check numbers: 26944-26945, 27029-27121, 27330-27431 Void check numbers: 27239 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of October, 2000. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Candace Horsley, lity Manager KRS:WORD/AGENDAOCT00 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF OCTOBER 2000 Demand Payments approved: Check No. 20576, 27122-27238, 27240-27329, 27432-27525, 27526-27618 FUNDS: 100 General Fund $139,069.02 660 131 Equipment Reserve Fund 664 142 National Science Foundation 665 143 N.E.H.1. Museum Grant $1,778.25 670 150 Civic Center Fund $349,206.67 675 200 Asset Seizure Fund 678 203 H&S Education 11489(B)(2XA1 679 205 Sup Law Enforce Srv. Fd (SLESF) $4,046.53 695 206 Community Oriented Policing $3,397.50 696 207 Local Law Enforce. BIk Grant $1,374.59 697 220 Parking Dist. #10per & Maint $1,026.84 698 250 Special Revenue Fund 800 260 Downtown Business Improvement $747.54 801 300 Gas Tax Fund (2106) 805 301 Gas Tax Fund (2107) 806 332 Federal Emerg. Shelter Grant $4,156.89 820 333 Comm. Development Block Grant $4,934.04 900 335 Community Dev. Comm. Fund 910 410 Conference Center Fund $14,245.22 920 550 Lake Mendocino Bond 940 555 Lake Mendocino Bond Reserve 950 575 Garage $1,210.76 960 600 Airport $40,758.22 962 612 City/District Sewer $31,906.28 965 652 REDIP Sewer Enterprise Fund 966 Sanitary Disposal Site Fund Disposal Closure Reserve Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 26944-26945, 27029-27121 DIRECT DEPOSIT NUMBERS 8751-8846 PAYROLL PERIOD 9/17/00-9/30/00 PAYROLL CHECK NUMBERS 27330-27431 DIRECT DEPOSIT NUMBERS 8847-8942 PAYROLL PERIOD 10/1/00-10/14/00 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS: 27239 $74,395.91 $2,141.33 $2,035.13 $1,039.43 $5,943.07 $38,700.53 $401.38 $10,046.08 $8,313.15 $93,934.87 $12,240.29 $2,917.00 $52,421.12 $9,681.83 $116,420.33 $799.65 $208.45 $1,733.18 $1,031,231.08 $67,306.04 $152,371.33 $211,423.55 $1,462,332.00 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance 0 ~ E~ o > Z~ Oo Z © Z Z ~Z~ ~ ~ Z ~Z ~0~ OZ ~~. ~ ~ ~ ~ '~0~ Z~O0 ~ ~ ~Z ~Z ,~o~ ,~ ~0~ ~ 0 ~Z~O~ ~0~ ~Z ~ ~O~Z~O0 ~0~ m~ Z~ O~>Z ~Z '~Z~.~O~ ~Z~Z~O~ 0 r~ E~o kd 0 g · > · 0 Oo ~ O~ H ~ U · > ~D o~ o ,CD 0 ,CD ~ L~ 00 cq 0000 0000 0 88 oo ~~o o m Z 8 <2) t. 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E~ O~ ZE~ O~ 0 >~ O Z E~ H r~ ~ H 000000000000000000000000000000000 ~<~<~<~~>>>>>>~>>~>>>>>~>> 0 u~ ~ 0 r~ O0 O0 000 O0 O0 O0 O0 ....... · goo oo oo o~ g~o ~o ~o~ oo 000000000000000000000000000000©00 O~ Z 0 O~ Z ~ 0 U © OZZZZZZZZZZZZZZZZZZZZZ~ZZZZZZZZZZZ 0000000000000000000000000000000000 Z ~ O~ O~ O~ Z~ U ~ O~ Z~ u~ o o o o c~ c~ ~° o o 0 0 0 O0 O0 O0 O0 oo~oo~oo~oo 000000000000000 n~o O 0 >> 0>~0 ~0 Oc~ 0 0 Z © bq Z Sm 0 U · o > O CD 0 0 0 c~ 0 ~ 0 0 00 CO 0 0 ~- CO 0 0 CD 0 0 0 0 0 ~°°~oo~ooo 000000~0000 .. ......... ~0 o DDDDDD~DDDD> ~o 0 ~ O,3 r--I · 0 r.j'] r.t'l ~o oo~ ~o UU UU DDmDD~ u ~ DDDDDffi ~'-I H 0 ~:> o0 · o Z o o ~ o U DDDDD~DDDDD ~o o o Z~ 0 O~ 0 O0 0 -00000 OO0000 I.-I cD rD * > o~~~~oooo~ 0000000000000 0000 o 0000000000000 .......... . . 000000000~00 HHHH HHHHHHHH ZZZZZZ~Z 00000000 Z~. :Dm O~ (Jo Z 0 Z~ ~ U O~ > r,.)~ ,<H 121 ~0 , (3 ~0 E~ ~ Zm O~ O 0 ~ © r~ HHHHHHHHHHHH ~ ~000000000000 O0 Oo E~ , ~ZZZZ~ZZZ ~00000000 I-~ o > r~ Z oo~ ~~ o o o,1 6'4 o o o o~o ~HH~ CD 0 O0 O0 , , U U "(3 0 Soosoossoo O0 O0 O0 O~O~O~~O O0 ~ 0 0 0 0 0 0 0 · 0 0 0,~ 0,1 ~° · (3(30 ~ i ooSg N o ~o o ~o~ ~ o ~ o o o · . . 0 ooo~ o o ~ ~ o 0 OO H H ~ E-'~O H i ~ 00¢~ ~0 mmr~ · 0 o Z% Oc~ ~ ~ZZZZZZZZZZ ~ ~0000000000 HHHH ~0000 Z U > I.-I r~ Z~ H > 0 0 o~ u · > c~ c~ o o o o 0~ o o 1'-4 H 0 oo~ H H 0 UrJ~ 0 U~ Uo 0 > Z Z o ~ ~ H ~0 ~ ~ ~o o~ , r.~ Z E~ i..-t © H 0 rJ · , 0 ~q OM U . o , o o o~ · U UO O~ ,< 0 > · · U 0 UO {2> 0 ITEM NO. ?b DATE: November 15, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF EMERGENCY RENTAL OF SCRAPER FOR THE UKIAH SOLID WASTE DISPOSAL SITE SUMMARY: In October 2000 staff identified failure of the auger motor on its Caterpillar 627F scraper at the landfill. The replacement auger motor has been ordered with an anticipated delivery time of six to eight weeks. Although staff is still able to operate the scraper, the hauling capacity of the scraper has been substantially reduced. Since a scraper is essential equipment for daily operations at the disposal site and for preparation of the winter tipping areas, staff chose to locate and rent a Caterpillar scraper during the period in which the City's scraper is being repaired. Staff contacted Parnum Paving and made arrangements for rental of a scraper on an emergency basis. The rental cost (including transport cost) for the three-week period is $16,833.84. Staff has completed a budget transfer (within fund 660) to cover the expenses related to this equipment rental. Funds are therefore available in the City's budget, account number 660.3401.310.000. This report is being filed in accordance with City Code Section 1530. RECOMMENDED ACTION: Receive report of emergency rental of scraper for the Ukiah Solid Waste Disposal Site. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Fiscal Year 2000/2001 budget sheet APPROVED: L~~ I~ ~ RJS:AGIf~mrgScral~r.$UM Candace H(Jrsley, Ci~~.Manager o-~ o o o i,._ o ,,,,_. 0 .__ 0 o o o .-- AGENDA SUMMARY ITEM NO. 7c DATE:November 15, 2000 REPORT SUBJECT: AWARD ACQUISITION OF CATERPILLAR 924GZ WHEEL LOADER TO PETERSON TRACTOR IN THE AMOUNT OF $101,077.76 FOR THE DEPARTMENT OF PUBLIC WORKS SUMMARY: The City Public Works Department worked with the Purchasing Department to obtain bids for the acquisition of a new 2001 wheel loader. This equipment will replace a 12 year old wheel loader, which is used for daily street maintenance and landfill operations. Five companies received requests for quotations including the heavy equipment dealer in Mendocino County. A notice requesting bids for the wheel loader was published in the Ukiah Daily Journal on October 29, 2000 and November 2, 2000. One sealed proposal was received and opened by the City Clerk on November 8, 2000. The only bid, and one that meets the City specifications, is Peterson Tractor, of Willits, CA, which quoted a price of $101,077.76 for a 2001 Caterpillar 924GZ wheel loader. The bid amount is less than the budget amount of $107,000 as shown on Attachment 1. RECOMMENDED ACTION: Award acquisition of Caterpillar 924GZ wheel loader to Peterson Tractor in the amount of $101,077.76 for the Department of Public Works. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not award acquisition of wheel loader. 2. Reject bids and direct staff to readvertise. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works ~/~- Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Fiscal Year 2000/2001 Budget Sheets Can~'-~'ce 'l-lorsley, ~,ity'M~nager AGWheelLoader. SUM I.!..I co o o o o ',;I- o o o o 0) 0004(,0 if') ~-. o o o .E o o o o c) c) (",1 ._= -o '5 o o o co o o o °ti AGENDA SUMMARY ITEM NO. 9a. DATE: November 15, 2000 REPORT SUBJECT: PUBLIC HEARING TO CONSIDER RECEIPT OF $105,128 FUNDING AND APPROVAL OF SPENDING PLAN FOR CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) AND APPROVAL OF BUDGET AMENDMENT SUMMARY: On September 12, 2000 the City of Ukiah's application for grant funding from the California Law Enforcement Equipment Program (CLEEP) was approved and we received $105,128 in one-time funding. A Public Hearing to consider a proposed spending plan is required prior to the expenditure of these funds. Also, since this grant amount was unknown when the budget was adopted, a budget amendment is necessary. The California Law Enforcement Equipment Program funding, as defined in the California Assembly Bill, has been designated to "supplement existing services, and shall not be used to supplant any existing funding for law enforcement services." Further, the law has the provision that these funds are intended for the purchase of high-technology equipment by local law enforcement agencies. Upon receiving the funding, the Ukiah Police Department staff reviewed its long-term needs and planning goals to establish a spending plan for this program. Within this spending plan, the Department looked to prioritize its technology needs in areas that would benefit each of the divisions within the Police Department and the community we serve. With these goals in mind, the Police Department created a spending plan to use these funds in areas within the department where other funding sources could not be obtained, and areas in which long term needs have remained unfulfilled. Staff recommends the City Council approve the Ukiah Police Department's proposed spending plan for the California Law Enforcement Equipment Program (attachment 1 ) and the budget amendment authorizing both increased revenue and expenditures. RECOMMENDED ACTION: 1. Conduct required Public Hearing on the proposed spending plan for the California Law Enforcement Equipment Program (CLEEP); 2. Approve CLEEP spending plan as presented by the Police Department; and 3. Approve amendment to the 2000/01 budget increasing revenue in account 205.0600.488.001 by $105,128 and expenditures in accounts 205.2001 .xxx.xxx by $105,128. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Modify proposed expenditures and approve revised spending plan. 2. Reject entire proposal and provide staff with direction for alternative action. Citizen Advised: N/A Requested by: Police Department Prepared by: Chris Dewey, Administrative Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: 1. Ukiah Police Department Proposed Spending Plan - California Law Enforcement Equipment Program, pages 1-2. 2. Budget amendment work sheet, page 3. APPROVED: l,~, .,/~~ ~ Car~]~c~ Horsley, C~'t,y Manager Ukiah Police Department Proposed Spending Plan California Law Enforcement Equipment Program Less-Than-Lethal System: Over the last few years the Ukiah Police Department has researched various alternatives to the use of lethal weapons in dangerous situations. Our department has sent officers to a number of training classes throughout the State of California in alternatives to the use of force, and we have contacted and reviewed alternatives already in use by various departments throughout California. Based upon our research, we found that the best alternative for use in these situations is a Less-Than-Lethal projectile, or "Bean Bag" type round fired from a specifically designed weapon. Based upon these findings, it is proposed to purchase and train our staff in the use of this type of weapon to provide officers with alternatives in dangerous situations. Estimated Cost for Training and Equipment: $10,602 Digital Voice Recording System: Currently, the City of Ukiah's dispatch center uses two 10 year old, VCR Tape type recorders, to document all 911 telephone and radio traffic for Police Fire and Ambulance services. These recorders are currently being serviced on an average of 1 to 2 times a month, and our maintenance service provider states that the system which has been running 24 hours a day during this 10 period has out lasted it's intended service life. In addition, due to the limitations of the current system our Department only retains tapes for a 6-month period of time. New digital recorders save Telephone and Radio Traffic to Compact Disks which may be retained forever, providing documentation if needed in Criminal Trials, Civil Actions and other instances where documentation is needed. Estimated Cost for Equipment: $25,000. Computerized Voice Stress Analyzer: Historically, the Ukiah Police Department has used Polygraph Exams for Criminal Investigations and Pre-Employment Examinations. Over the last few years, new technology has been developed which is less intrusive and easier to use for investigators at the Ukiah Police Department. In the last decade, the Computerized Voice Stress Analyzer has been developed as an alternative to the Polygraph Machine. This new technology is currently becoming a standard across California and is being used by departments such as the California Department of Justice and the California Highway Patrol. Our department has started a cooperative effort with the Mendocino County District Attorney with this new technology and we have found the results more conclusive and easier to obtain than the old technology. Our intent is to purchase a Computerized Voice Stress Analyzer for our department and expand the number of investigators trained in its use. Estimated Cost for the Equipment and Training: $15,000. Ukiah Police Department Proposed Spending Plan California Law Enforcement Equipment Program Updated Computers: The Department's current desktop computers were purchased 2 ½ years ago, using in large part grant funding. Since that time, these computers have been in constant use, most being used 24 hours a day, 7 days a week. The constant use on these computers is beginning to take hold and the department is beginning to experience computer failures with the desktop computers. No current budgeted funding exists to replace these computers, and these grant funds will provide staff with updated equipment. Estimated cost for replacement: $40,000. Hostage Negotiation Phone, Bulletproof Rescue Shield, and Rescue Vehicle Equipment: Currently, the Ukiah Police Department is not equipped with a Hostage Negotiation Phone or Rescue Shield. These items will provide the department with additional tools during critical incidents, protecting Officers and assisting with the rescue of citizen's involved in critical incidents. In addition, through a private funding grant, the Department has obtained a rescue vehicle to assist in critical incidents. This equipment needs minor paintwork and Police markings applied. These items are designed to aid in the rescue of people trapped during critical incidents, and protect officers involved with the rescue. Estimated Cost of Equipment: $14,000. Summary: Less-Than-Lethal Equipment: Digital Voice Recording System: Computerized Voice Stress Analyzer: Updated Computers: Hostage Equipment: Governmental Service Charge (0.05%) Total 10,602 25,000 15,000 40,000 14,000 526 $105,128 Li.I AGENDA SUMMARY ITEM NO. z Oa DATE: November 15, 2000 REPORT SUBJECT: APPROVAL OF AMENDMENT TO MENDOCINO SOLID WASTE MANAGEMENT AUTHORZTY GROUND LEASE ALLOWING THE GENERAL PUBLIC TO COME TO THE LEASED PREMISES BY APPOINTMENT Mendocino Solid Waste Management Authority (MSWMA) currently holds a Lease with the City of Ukiah, through October 2005, for its facility site on Plant Road. As part of the Lease Agreement, the general public was not allowed to bring household hazardous waste directly to the leased premises. According to Mike Sweeney, Manager of MSWMA, this language was originally proposed in 1995 as a way to emphasize to the City the limited ambition MSWMA had at that time for use of the facility. However, in the last five years of operation at this site, it has become apparent there is a need for accessibility by the public when they are unable to attend one of the eight household hazardous waste collections held per year in Ukiah. A typical situation is when a family is moving from the area and will not be available for the scheduled household collection day. A meeting was scheduled with County staff as they also share the property for operation of the Mendocino County Animal Control Facility. This meeting was arranged to assure that all agencies within this leased property had discussed the operations and concerns related to the expansion of the MSWMA Program. All parties are in agreement with the language that is in the Lease Amendment attached to this report, and staff is recommending approval by the City Council. RECOMMENDED ACT[ON: Approve Amendment to the Ground Lease Agreement with MSWMA allowing the general public to come to the leased premises by appointment. ALTERNATIVE COUNCIL POI_ICY OP~ONS: 1. Determine modifications to the conditions of the Ground Lease Amendment are necessary and approve revised Amendment. 2. Determine the Amendment is not appropriate at this time and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. 4. MSWMA MSWMA Candace Horsley, City Manager N/A Ground Lease Amendment between City of Ukiah and MSWMA October 12, 2000 letter from Mike Sweeney October 27, 2000 letter from City Manager Current Lease APPROVED: L~~ ._ Candace Horsley, (~:ity'~nager 4:Can: ASRMswmall.O0 AMENDMENT TO GROUND LEASE AGREEMENT This Amendment to the Ground Lease Agreement ("AGREEMENT'~ dated October 12, 1995, between the C1TY OF UKIAH and the MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY, is made this~ day of ., 2000. The designated sections of the AGREEMENT are amended as follows: (new) 4.2 Use of leased premises Lessee shall use the leased premises "--~" '-"'^"' ,.,,~,,,~,,,.,~ as a household hazardous waste storage facility for household hazardous waste, as defined in Health & Safety Code Section 25218.1(e), and hazardous waste collected from conditionally exempt small quantity generators (CESQGs), as defined in Health and Safety Code Section 25218.1(a), in connection with Lessee's operation of a mobile household hazardous waste program, except that Lessee may also use the premises for storage and collection of recycled electronics, subject to written Lessor authorization, which Lessor may withdraw at any ~1~,,1111~,~,1 III 11~.,l.31~.11 ~.JIl~.l ~..;~.Jl~.,~.~ %.,,~J~,., ~,J~,,,q~,l~,/I I ~..,./~..I~J..L~IJ UIIU ~~ IIIU~ IIU~ UII~VV III~IIIU~I~ ~~ LIIU~ ~~ IIIU~i ~ll I~1~ UI VVlI~II UULII~II&~LI~II I1~111 ~1 VVlII~II IIIU7 U~ Lessee may accept the general public and CESQGs by appointment for drop-o~ of hazardous waste at th~ facili~ in situations where o~-site mobile colle~ions aren't a satis~a~0~ option for the customer, although Lessee will seek to maximize use o~ t~ mobile c011e~ions and will not promote drop-o~ at th~ radli~ as an alternative. Appointments at the ~acili~ will be restri~ed to Tuesdays throuqh Thursdays from 7 a.m. to 3 p.m. and will not exceed 30 per day. Lessee will regulate appointments, including suspending all appointmen~ if necessa~ on pa~icular days or for periods of time, to ensure no inte~erence with the operations of the ~end0cin0 C0un~ Animal Shelter, or Animal Shelter constru~ion. 4.31 Facility expansion Lessee may expand the facility in existence on the date of this Amendment by extending the concrete slab area fourteen (14) feet to the west, and covering this extension with a new metal roof structure which shall be lower in height than the existing, adjacent roof structure. The extended concrete slab area shall include spill berms. Fencing shall be modified to enclose the facility extension. Lessor shall not commence construction of the facility expansion until the Lessor, through its city Manager or his or her designee, has approved the plans and specifications. 13. NOTICES Except as otherwise expressly provided herein, any written notice required by this lease shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: General Manager Mendocino Solid Waste Management Authority !0! W. Church Street, #9 P.O. Box 123 Ukiah, CA 95482 TO LESSOR: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Any party hereto may give notice of an address change under the provisions of this paragraph and thereafter all notices shall be given to that address. All other terms and conditions of the AGREEMENT shall remain in force. This Amendment is entered on the date first written above. ClTY OF UK~H (LESSOR) Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY Chairman 4:Can:MSWMA.Agm Mendocino Solid Waste Management Authority A joint powers public agency October 12, 2000 Michael E. Sweeney General Manager P.O. Box '123 Ukiah, CA 95482 Telephone (707) 468-9710 Fax (707) 468-3877 mesweeney@pacific.net Jim Mastin, Mayor City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Request for amendment of HazMobile base facility lease Dear Jim: The Board of Directors of the Mendocino Solid Waste Management Authority has directed that a request be made to the City of Ukiah for an amendment in the lease between MSWMA and the City for the use of the HazMobile base facility at 298A Plant Road, Ukiah. With the recent completion of our facility improvements, we now have 720 square feet of additional building, a 12'x 80' paved unloading driveway, and graveled access and turnaround. Local contractors Ukiah Construction and Lee Howard Construction did an excellent job. These improvements will make possible a significant upgrading of our service to Ukiah residents. As you recall, the City previously agreed to allow small businesses to take their hazardous waste directly to the base facility by appointment. We also allow citizens to pick up recycled latex paint at the facility. This is much appreciated by the public, and there have been no problems. MSWMA now desires to begin receiving some household customers at the base facility. Although we provide eight 2-day weekend collections per year in Ukiah, we receive many requests for service in between those collections. Often households face a genuine emergency. Typically, a family will be moving out of their house, with an immediate deadline for cleaning out leftover hazardous waste. Also, the death of a relative often creates an immediate need for disposal. And there are many other reasons why households may need a quick HHW disposal option. Rather than turning these conscientious citizens away, MSWMA would like to begin allowing a limited number of households to go directly to our base facility on a week day which fits our technicians' schedule. The weekend collections at the Red Cross office will continue to be our primary collection venue for households. They have reached capacity, however, and diverting some customers to our base facility will help. To allow this improved service option, MSWMA requests that the language be removed from section 4.2 of the lease agreement which states that the general public shall not bring HHW directly to the leased premises. This language was originally proposed by me in 1995 as a way to emphasize to the City the limited ambition we had at that time for use of the facility. With our five years of experience, our additional staff, and our facility expansion, it is clearly time to improve the service to the public. I would appreciate the City Council's consideration of this request at its November 1 meeting, if your agenda allows, so that the MSWMA Board will be in a position to take further action at its November 8 meeting, which may be its last of the year. Please contact me if I can provide further information, or give you or city staff a site tour. Si~jTIY' Mike Sweeney Manager cc: Candace Horsley, City Manager ~VE., UKIAH, CA 95482-5400 ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 FAX # 707/463-6204 · EMAIL: ukiahcty®jps.net · October 27, 2000 Mike Sweeney General Manager Post Office Box 123 Ukiah, California 95482 RE: REQUEST FOR AMENDMENT OF HAZMOBILE BASE FACILITY LEASE Dear Mike: Thank you for meeting with Jim Andersen and me on Thursday to discuss MSWMA Board's request to allow the general public to bring household hazardous waste products directly to the leased premises on Plant Road. From our conversation I believe we were all in agreement that this would be a great program for emergency situations and it would be of benefit to all agencies. I wanted to confirm our discussion as to the schedule and timeline for proceeding with this request so that each of us will complete our assigned tasks before the November 15, 2000 Council meeting deadline. You have agreed to develop draft language on the parameters of this program, to include the expected amount of traffic and the days it would be open for the public. Jim Andersen and I have committed to meet with you and the appropriate County staff next week to discuss this program and determine language that will be acceptable to all parties. Once this is accomplished, I will complete the agenda summary report by November 10, 2000, to be placed on the November 15 Council meeting. Mike, I appreciate you understanding the City's need to consider both lease holders' operations and concerns since both agencies share the same strip of land at this site. If you have any questions or comments in the meantime, please feel free to contact me. C: Jim Andersen, County Administrator Ukiah City Council R: 1 \CM LSWEENEY 'We Are Here To Serve" GROUND LEASE AGREEMENT This Lease, made this 12t~ay of October , 1995, by and between the CITY OF UKIAH, a general law municipal corporation, acting by and through its City Council, hereinafter referred to as "Lessor" and MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY, a joint powers agency formed pursuant to Government Code Sections 6500 et seq., hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code 37380, 37389 and 37395 to lease municipal property, and determines that the use of certain property owned by the Lessor is not required for its use at this time and is available for lease. 2. Lessee intends to lease undeveloped municipal property (hereinafter "the leased premises") from Lessor to construct and maintain a household hazardous waste storage faCility for the use of the general public, including the residents of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor the leased premises located at the Ukiah Municipal Sewage Treatment Plant site, including a non- exclusive right of access thereto, as more particularly depicted and described in the attached Exhibit A, which is incorporated herein. 2. TERM. The term of this lease shall commence on 0ct0ber 15, 1995, and shall continue in effect for period of five (5) years, expiring at midnight on October 14, 2000. Lessee shall have the option to extend the lease term for an additional five (5) year period to and including midnight on October 14 , 2005, on the same terms and conditions, by providing Lessor with written notice of its intent to exercise the option not less than ninety (90) days prior to the expiration of the initial term. 3. RENT. 3.1 Amount. Lessee shall pay Lessor rent in the amount of one dollar ($1.00) per year plus any rent due under Section 6.2.F. s:\u~agrmts95~nswma.ls October 5, 1995 1 3.2. When due. Except as provided in Section 6.2.F, rent shall be due on the first day of the lease term and on that same day and month each year thereafter, or Lessee may prepay the rent for the full five year term. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes and assessments ~imposed on the leased premises, property located on or affixed to the leased premises, or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. 4.1 Condition of the leased premises. Lessee hereby agrees to accept the use of the leased premises in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee represents that it has made a thorough inspection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or present on the leased premises. 4.2 Use of leased premises. Lessee shall use the leased premises exclusively as a household hazardous waste storage facility ("the facility") for household hazardous waste, as defined in Health and Safety Code Section 25218.1(e), and hazardous waste collected from conditionally exempt small quantity generators (CESQC's), as defined in Health and Safety Code Section 25218.1(a), in connection with Lessee's operation of a mobile household hazardous waste collection program. Lessee may not use the site as a household hazardous waste collection facility as defined in Health and Safety Code Section 25218.1(f) and Lessee shall not allow members of the general public or CESQC's to bring household hazardous waste directly to the leased premises. All household and other hazardous waste stored at the facility shall be properly transported to lawful disposal sites. 4.3 Construction of improvements. Lessee shall construct on the leased premises entirely at its own expense all required improvements, including a concrete slab on grade and footings to support a prefabricated, rigid framed, open-sided, metal structure to house household hazardous waste lockers, the metal structure and lockers, a perimeter fence with locked gate, site utilities and an all weather site access road and turn around (collectively, "the Improvements."). Prior to construction, Lessee shall furnish Lessor with plans and specifications for the Improvements and associated landscaping, and the construction and/or installation of the Improvements and the installation of landscaping on the leased premises, and shall not commence construction until the Lessor, through its City Manager or his or s:\u%agrmts95~nswma.ls October 5, 1995 2 her designee, has approved the plans and specifications. Lessee shall construct and/or install the Improvements and landscaping in compliance with the Lessor approved plans and specifications. Lessee shall construct the Improvements and develop the leased premises in compliance with all applicable city building and other code requirements and all applicable state and federal statutes, regulations and other laws. Lessor shall take all necessary steps to promptly review and approve submittals by Lessee, so as to minimize any delay in construction. 4.4 Ownership of Improvements. Ail improvements constructed by Lessee, except the prefabricated metal building, the roof structure, the fencing and the hazardous waste lockers, shall immediately become the property of Lessor. 4.5 Improvements and modifications. After its initial construction Lessee shall not make structural changes to the exterior of the Improvements, construct additional structures on the leased premises, modify the all weather ground surfaces, or change the use of the leased premises without the prior written approval of Lessor, through its City Manager or his or her designee. 4.6 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements, and a pro-rata share of the cost of maintaining the access road from Plant Road to the leased premises. Lessee shall negotiate its share of access road maintenance with Mendocino County. 4.7 Permits. Prior to engaging in any activity requiring one, Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises. 4.8 Compliance with laws. Lessee shall insure that no alcoholic beverages are possessed or consumed on the -leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah, the State of California, and the United States of America. 4.9 Utilities. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. Lessee shall obtain permission from Willow Water District to connect to the existing water service and shall pay all related fees. Lessor will allow Lessee access to the sewer plant for the water connection and connection to existing sewer and electrical services at the sewer plant, at locations and subject to s:~u~ag rmts95~'nswma.ls October 5, 1995 3 conditions determined by Lessor. Lessee will pay all installation costs and fees and will install an electrical meter, comply with all policies of the electric utility and open an electrical service account with the City of Ukiah. 4.10 Maintenance of a nuisance. Lessee shall not allow the use of the leased premises, including access to the leased premises from Plant Road, to become a public or private nuisance or unreasonably interfere with the use of adjacent property by other lessees of the City of Ukiah or private property owners. 4.11 Condition of leased premises upon lease termination. Upon termination of this lease or any abandonment of the leased premises by Lessee, Lessee shall leave the leased premises, or any groundwater or property affected by the use of the lease premises, completely free of any contamination by toxic or hazardous substances resulting from Lessee's use of the leased premises. 5. ASSIGNMENT. Lessee shall not assign this lease or any interest therein or sublease the leased premises without the prior written approval of Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from any use of the premises by Lessee, including any activities by third parties who use the leased premises during the term of this lease, with or without the permission of Lessee, or any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter. Lessee covenants and agrees to indemnify and save harmless Lessor, and its officers, agents and employees, from and against any and all claims, liability, loss, costs, or other obligations, including reasonable attorney's fees, the fees of experts, consultants, or investigators, and the costs of completely abating or cleaning up any contamination of the leased premises, waters of the State of California, or other properties, on account of or arising out of Lessee's use of the leased premises, improvements thereon, or the transportation or disposal of hazardous waste stored there. 6.2 Liability insurance. Lessee shall procure and maintain for the duration of this lease insurance against claims for injuries to persons or damages to property, including the leased premises, which may arise from or in connection with its use of the leased premises pursuant to this lease. s:\u~agrmts95~u~swma.Is October 5, 1995 4 A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: , Insurance Services Office ("ISO") Commercial General Liability Coverage Form No. CG 00 01 11 85. o ISO form number CA 0001 (Ed. 1/.78) covering Automobile Liability, code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. o Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. . Pollution liability coverage at least as broad as ISO Pollution Liability Coverage Form (Designated Sites) No. CG 00 39 10 90. 5. Fire and extended coverage insurance. B. MINIMUM LIMITS OF INSURANCE Lessee shall maintain limits no less than: . General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the leased premises. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. o Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. . Pollution coverage. $200,000 per occurrence and $400,000 aggregate annual. If the coverage is an aggregate limit, the aggregate limit must apply separately to the leased premises'or be twice the stated amount. o Fire and extended coverage insurance. Upon completion of the construction of the Improvements on the premises, Lessee shall carry fire insurance with extended coverage endorsements approved by Lessor, jointly in the names of Lessee and Lessor, covering not less than the full insurable replacement cost of the improvements. s:~,u~agrmts95~mswma.Is October 5, 1995 C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Do Any deductibles or self-insured retentions must be declared to and approved by the Lessor. At the option of the Lessor, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Lessor, its officers, officials, employees and volunteers; or the Lessee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: o a o General Liability and Automobile Liability Coverages The Lessor, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the Lessee, products and completed operations of the Lessee, premises owned, occupied or used by the Lessee, or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the Lessor, its officers, officials, employees or volunteers. b o The Lessee's insurance coverage shall be primary insurance as respects the Lessor, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Lessor, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. C o d . Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Lessor, its officers, officials, employees or volunteers. The Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. o Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the Lessor, its officers, officials, employees and volunteers for losses arising from Lessee's possession of the Leased Premises, pursuant to this Lease. s:\u~agrmts95~nswma.ls October 5, 1995 6 3. Fire and extended coverage insurance o . Said policy or policies, or copies thereof, shall be deposited with Lessor, and Lessee shall pay all premiums and other charges payable with respect to such insurance. In the event of damage to any improvements on the leased premises, Lessee shall rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform Code standards. The reconstruction required herein shall commence within ninety (90) days after the damage occurs, and shall be pursued diligently to completion. Pollution liability coverage. The retroactivity date .shall be the date household hazardous waste or other hazardous waste permitted by this Lease is first brought to the leased premises. The policy period shall extend to and including the date this lease terminates and the lessee shall purchase an Extended Reporting Period Endorsement. Ail Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Lessor. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. F. VERIFICATION OF COVERAGE Lessee shall furnish the Lessor with certificates of insurance and with original endorsements effecting coverage required by this Lease. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the Lessor. Where by statute, the Lessor's workers' compensation- related forms cannot be used, equivalent forms approved by the In- surance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Lessor before Lessee takes possession of the Leased Premises. The Lessor reserves the right to require complete, certified s:\u~grmts95~mswma.ls October 5, 1995 7 copies of all required insurance policies, at any time. If Lessee fails to provide the coverages required herein, the Lessor shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the rent which shall be due and payable within fifteen (15) days after notice to Lessee that Lessor has paid the premium. 7. TERMINATION. Failure to pay rent within fifteen (15) days of the due date, or to comply with any other provision of this lease within a period of fifteen (15) days following receipt of a written notice of noncompliance from Lessor, shall constitute a material breach of the lease.and furnish grounds for termination of this lease. Lessor may terminate this lease upon ten (10) days prior written notice delivered to Lessee based on Lessee's failure to comply with the insurance requirements of paragraph 6.2. Failure to complete the Improvements and begin accepting household hazardous waste from the general public within one (1) year from the effective date of this lease shall constitute grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, and any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this Lease. In such event, Lessor shall have the right to terminate this Lease and retake possession of the Leased Premises and the Improvements. Upon termination of the lease, Lessee shall remove from the leased premises the prefabricated building, fence materials and hazardous waste storage lockers, and, if Lessor notifies Lessee to do so within thirty (30) days after the termination date, restore the leased premises to the condition it was in before the effective date of this lease. 8. HOLDING OVER. Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, with or without prior notice to Lessee, to enter upon the leased s:~u~agrmts95~mswma.Is October 5, 1995 8 premises, or any part thereof, to inspect the same, and all buildings and other improvements erected and placed thereon. 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs, expenses, and attorney's fees. 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. Lessor's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. Except as otherwise expressly provided herein, any written notice required by this lease shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: TO LESSOR: Mendocino Solid Waste Management Authority C/o Michael Sweeney 118 Barbara Street Ukiah, CA. 95482 City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Any party hereto may give notice of an address change under the provisions of this paragraph and thereafter all notices shall be given to that address. 14. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. s:\u~3grmts95~nswma.Is October 5, 1995 9 15. PREVIOUS AGREEMENTS. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 16. BINDING EFFECT; CHOICE OF LAW. Subject to the provisions herein restricting voluntary assignment or subletting, this Lease shall apply to and bind the parties, their personal representatives, successors and assigns. This lease shall be governed by the laws of the State of California, and is to be performed in the County of Mendocino, State of California. 17. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. By: CITY OF UKIAH MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY LESSEE s:\u~agrmtsg5~nswma.ls October 5, 1995 1 0 EXHIBIT "A" The leased premises encompasses the following described real property: All that certain real property situated in Lot 70 of the Healey's Survey and Map of the Yokayo Rancho more particularly described as follows: Beginning at a 3/4" iron pipe monument at the most Northwesterly corner of that certain real property delineated on a Record of Survey Map for City of Ukiah filed in Map Case 1, Drawer 10, Page 38, Mendocino County Records, and said monument being a point on the East right of way line of the Northwestern Pacific Railroad; thence South 21032'20" East, along said East right of way line, 282.0 feet; thence North 68027'40" East, 30.0 feet to the true point of beginning, said true point of beginning also being the Northwest corner of that real properly described in an unrecorded Dog Pound Site Lease Agreement between the County of Mendocino and the City of Ukiah, executed April 14, 1971; thence North 68027'40" East along the North line of the last described real property, 47.3 feet; thence North 21°32'20" West, 261.56 feet, to the North line of said certain real property delineated on the Record of Survey Map; thence South 83°16'10" West along last said North line, 48.93 feet; thence South 21032'20" East, 274.07 feet, to the true point of beginning. Excepting therefrom the North 10 feet of the above described certain real property. Together with a non-exclusive right of way for ingress and egress more particular described as follows: Commencing at a 3/4" iron pipe monument at the most Northwesterly corner of the parcel of land as delineated on the above described Record of Survey for the City of Ukiah; thence South 21032'20" East along said East right of way line of the Northwestern Pacific Railroad, 282.0 feet; thence North 68027'40" East, 30.0 feet to said Northwest corner of that real property described in the unrecorded Dog Pound Site Lease Agreement; thence North 21°32'20" West, 274.07 feet to the North line of said parcel of land as delineated on the described Record of Survey for the City of Ukiah; thence South 83° 16' 10" West, 31.03 feet, to the point of beginning. Together with the right to use the non-exclusive right of way for ingress and egress granted to the County of Mendocino pursuant to the said unrecorded Dog Pound Site Lease Agreement more particularly described as follows: Beginning at a point on the East right of way line of the Northwestern Pacific Railroad distant thereon South 21°32'20" East, 282.0 feet, from a 3/4" iron pipe monument at the most Northwesterly corner of that certain real property delineated on said Record of Survey Map for the City of Ukiah; thence South 21°32'20· East, 418.1 feet; thence North 84°36'30· East, 80.5 feet, more or less, to a point on the existing chain link fence line; thence North 21°32'20" West along said existing fence line, 140.5 feet; thence South 68°27'40" West, 47.3 feet; thence North 21°32'20" West, 300.0 feet; thence South 68027'40" West, 30.0 feet to the point of beginning. 4:PW:Desc ITEM NO ]. b DATE: November 15, 2000 AGENDA SUMMARY REPORT SUBJECi: APPROVAL OF APPLICATION PROCESS AND ADOPTION OF RESOLUTION OF SUPPORT FOR CALIFORNIA TREES FOR THE MILLENNIUM GRANT PROJECT SUMMARY: Governor Gray Davis and the California Department of Forestry and Fire Protection have announced the 2000/2001 Tree~ for tt~e Millennium grant proposal. This grant is available to local governments and other non-profits. The grant will provide funding for the planting of trees throughout an area designed as "Public Lands," as part of the creation or enhancement of an "Urban Forest." ANALYSIS: Staff is recommending the City apply for a grant of $50,000. The City Of Ukiah will be working with local community groups (The Shade Brigade, etc.) for species selection, planting, and outreach services. City staff will provide in-kind services, which will include: planting, watering, and administration of the grant. A part-time employee will be needed during the summer months to assist in the watering of these trees at approximately $3,120 per year. A small portion of overhead and labor cost is reimbursable under this grant. Staff is requesting City Council approval of this grant application by adoption of the attached resolution. If this grant is approved, staff estimates the purchase of approximately 600 trees to be planted throughout the City. Planting of the trees will occur in our parks, street right-a-ways and other public open spaces. These trees will add to the beauty of Ukiah, reduce air pollution and reduce urban heating during the summer months. Trees planted must grow to a height that exceeds 30 feet, and all plantings must be approved by a certified arborist. Deadline for the application is November 30,2000. Successful applicants will be notified after January 15, 2001. Projects must be completed on or by March 1, 2003. RECOMMENDED ACTION: Adopt resolution and authorize staff to apply for Tree~ for tt~e Millennium grant. ALTERNATE CONCIL POLICY OPTIONS: Remand to staff with directions. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Candace Horsley, City Manager ~.., ,~/'" Albert T. Fierro, Assistant City Manager Candace Horsley, City Manager 1. Resolution for Adoption APPROVED: Candace Horsley, C'~ Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, FOR FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM AS PROVIDED THROUGH THE CALIFORNIA TRESS FOR THE MILLENNIUM INITIATIVE FUNDED THROUGH THE FOREST RESOURCE IMPROVEMENT FUND for the following project: WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted the California Trees for the Millennium Initiative for 2000/2001, which provides funds to the State of California and its political subdivisions for urban forestry programs; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program; and WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to carry out a tree planting project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Ukiah: 1. Approve the filing of an application for the 'g'R_FEE ?C)/? THEA,'I/lI£NIV/U,44"tree planting grant program above project; and 2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and, 3. Certifies that funds under the jurisdiction of the City Council of the City Of Ukiah are available to begin the project. 4. The City Council of the City Of Ukiah certifies that said applicant will expend grant funds prior to March 1, 2003. 5. The City Council hereby appoints Assistant City Manager Albert Fierro, as agent of the City Of Ukiah to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Approved and Adopted November 15,2000. I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the City Of Ukiah City Council following roll call vote: AYES: NOES: ABSENT: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk Z0c ITEM NO. DATE: NOVEMBER 15, 2000 AGENDA SUMMARY REPORT SUBJECT: MODIFICATION OF LOCAL GUIDELINES FOR 1999 HOME FIRST TIME HOME BUYER PROGRAM Earlier this year the City of Ukiah was awarded a $375,000 HOME grant for a First Time Home Buyer Program administered by the Community Development Commission of Mendocino County (CDC). This federal funding program provides deferred loans to Iow and moderate income persons and families to serve as down payments for the purchase of single family residences. To date, two families have been able to take advantage of the program and utilize the $30,000 loans for home purchases. The original goal of the program was to make 13 such loans for City of Ukiah residents. CDC is requesting a modification to the program to allow greater flexibility and use of the HOME funds within the City. The cost of units, tight housing availability, and relatively Iow income/purchase price ratio have each been a significant stumbling block to implementing this program. The original limit of $30,000 for the down payment assistance, in conjunction with the required Iow/moderate income limits, restricts the ability to find eligible houses for sale in the City. The range of housing prices available to persons in this program is $84,000 for an individual to $131,875 for a family of eight or more. Anyone familiar with the current market will realize this range precludes many program participants. It does not appear the house price range will decline nor will the income levels mandated by HUD be raised to increase the feasibility of this program. (Continued on page 2) RECOMMENDED ACTION' By Motion, Approve Modification To Local Guidelines For The HOME First Time Homebuyer Program Allowing A Maximum Of $50,000 For Each Down Payment Assistance Loan. ALTERNATIVE COUNCIL POLICY OPTIONS' Determine guidelines are not to be modified and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Community Development Commission of Mendo.cirto,Couet,.y. Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Documentation from Community Development Commission, pages 1-7. Candace Horsley, C~ Manager MODIFICATION OF LOCAL GUIDELINES FOR 1999 HOME FIRST TIME HOME BUYER PROGRAM November 15, 2000 Page 2 The proposal by CDC is to increase the limit of the maximum down payment by $20,000, thereby expanding the price range of housing units available to buyers in this program. The range would then become $104,000 to $151,875, a more realistic span of prices which could be accessed through this program. The down payment remains a deferred loan which is due after the first deed of trust is paid. The only change in the program is the increase in the maximum loan which can be made. In light of the constraints on the program, Staff believes this is a viable response to the situation. The other alternatives are: 1) continue the program as is, 2) return the allocation to the State, or 3) return funds and make a new HOME application for a different program. As noted earlier, continuation of the program with the same parameters is unlikely to produce a successful outcome. Idle funds are not viewed by the Departments of Housing and Urban Development (HUD-federal) and Housing and Community Development (HCD-state) as a viable program, which might have negative implications for future funding requests. Alternative 2 would entail identifying the program as not operative and canceling this local opportunity for house purchases by the identified targeted income group. Such action might also have ramifications on future HOME applications. Alternative 3 would encompass a return of the existing allocation, delay of a year for the next application process, and no guarantee of funding at that time. Further, a different program would not address the home ownership issues which are the focus of the present HOME commitment. This problem and the proposed solution are not unique to the City's HOME program. CDC has encountered the same situation throughout Mendocino County where it is administering a $945,000 grant. The house prices and the targeted income levels, factors beyond the control of CDC, are impairing this valuable program. The Mendocino County Board of Supervisors, at its November 14, 2000 meeting, will be considering the same recommendation from CDC for the countywide program. Staff will advise the City Council of the Board's action at the November 15 City Council meeting. Since the maximum down payment loan amount is a local determination, approval action by HUD or HCD regarding this change is not required. An amendment of the milestones approved in the grant application will be submitted to reflect the increased loan maximum and decreased projected number of loans. The modification should be considered positive, since the revision is designed to maintain the viability of the program. By increasing the maximum down payment, the City will continue its only current assistance program related to home ownership and meet the intent of the original grant. The $20,000 increase could reduce the goal of 13 loans by up to 4 (31%), but it would substantially improve the chances for the remaining funds to be used for house purchases. Staff recommends the City Council, by motion, approve the change in the local guidelines of the 1999 HOME grant increasing the maximum allowable down payment loan from $30,000 to $50,000. mfh:asrcc00 1115HOME99 Report on HOME Downpayment Assistance Programs Currently the CDC has two downpayment assistance programs funded through HOME: one for the City of Ukiah (1999 grant) and one for the County of Mendocino (1997 grant). As of September 31, 2000, the balance in the City of Ukiah HOME grant is $315, 250 (that is the initial allocation-as of that date no projects had been completed utilizing that grant) and the balance for the County of Mendocino HOME grant is 492,517.05 out of an initial balance of $945,000. There has been a significant problem in meeting milestones for the County grant and given a smaller market area and higher average housing costs, it is expected there will be problems with the City grant as well. The difficulty in reaching milestones is the result of potential applicants being unable to find affordable housing in suitable areas. As an example, someone making $25,000 in yearly income may go to a lender and find the lender prepared to lend up to $60,000 for a mortgage. This, combined with the $30,000 offered in downpayment assistance through these programs, gives the potential applicant potentially $90,000 for purchasing a home (assuming no significant funds of their own). The current housing market is such that finding a house for $90,000 is almost impossible. The above example illustrates a problem in administering this program. Milestones for the program (how the success of the program is measured by HUD and HCD) is significantly dependent on people and factors beyond the control of the CDC. However, the CDC is responsible for meeting milestones. Not meeting milestones can reduce scoring for future applications submitted and thus there is a risk to future funding and programs. It is a design problem of the HOME program that so much of its measured success is dependent on the activities of potential applicants, lenders and the housing market and hard work by CDC staff does not necessarily translate into a successful program using these measures. There are three primary options to consider: · Continue with programs "as is" and hope for the best. · Raise the downpayment assistance offered with the existing programs Disencumber the funds (give them back to the State) and apply for HOME funds for different uses (such as housing rehab or new housing construction). The first option is not practical. There is no reason to expect a noticeable increase in affordable housing in the short term. Continuing as is only means not meeting milestones in future quarters and not spending the money. This does nothing to help residents buy housing while risking future funding from HCD and HUD by being practically idle with the program and taking no actions to increase success with the program. Thus not recommended. The second option is probably the best of the three. By raising the downpayment assistance we take a positive action to make an existing program work, which looks good for HCD and HUD. We will have to have a meeting by the City Council of Ukiah and the Board of Supervisors for Mendocino County to amend their respective program guidelines and reduce the respective milestones (As an example, for the remaining money in the County's HOME grant, would see the milestone for number of families served reduced from 15 to 9 for the remaining funds and for the City's HOME grant would reduce projected loans from 13 to 9). We would receive a small criticism for not reaching the initial milestones but realizing the problem and providing a proactive solution would show responsible program management. Plus could argue need for change is based on high housing prices, a factor beyond our control. Plus on a local level, the program has been advertised and sudden cancellation would not be good from a public relations standpoint while raising the downpayment assistance to help address the lack of affordable housing shows the CDC searching for solutions and being leaders in helping with affordable housing issues. Third option has some benefits. Could apply and do a different activity such as housing construction or housing rehabilitation. Plus amended HOME guidelines increase money CDC could receive for program activities. However, no guarantee of receiving funding especially when factor in having to cancel an existing HOME funded program. Overall, the clear choice is to raise the downpayment assistance. The program is seriously flawed in that milestones are dependent on too many factors beyond the control of CDC while these milestones are what are used to judge the CDC's success in program implementation. It is recommended that in the future such situations be avoided. One option for the future is to seek funding for housing counseling as an independent service and write in downpayment assistance into the program income revolving loan pool for housing rehabilitation as an option. If this is possible and could use same pool of funds, this would help loosen time pressures for both program activities. If increased funding is preferable, first do a downpayment assistance program with CDBG funds and have paybacks rolled into the program income revolving loan fund. Finally, given current housing prices, it is recommended that the downpayment assistance amount be raised from $30,000 to $50,000. It is conceivable that even this will not be sufficient and that $60,000 will be needed. But raising the assistance to $50,000 would show serious intent to make the program successful without making such a drastic change that representatives at HCD would show concern. Affect on Milestones for City of Ukiah due to Proposed HOME Downpayment Assistance Program Change Current Milestone: 13 units based on $375,250 in available funds. This works out to an expected average loan of $28,865 based on a $30,000 loan limit. This is approximately 96% of the maximum loan limit. Given this as a basis, figured 96% of the new loan limit of $50,000 which works out to $48,000. There have been two loans in the City of Ukiah so far, both at the $30,000 limit. This leaves $315,250 in available funds. Using the $48,000 projected average loan for the remaining funds means there would be a projected 7 more loans made. This plus the 2 loans made already would mean that the new milestone for the total funds would be 9 units. This is a reduction of 4 units from the original milestone of 13 units, a reduction of 30%. In estimating milestones in this way it is important to consider this projected milestone of 7 additional units to be a conservative estimate. It is not expected that every subsequent loan will be for $48,000 to $50,000. Some may be for $35,000 or $40,000. Realistically, there may be an additional loan that will be possible with the available funds, thus making 10 overall loans and only an expected reduction of 3 units. For the purposes of reporting it is better to provide conservative estimates so the milestone change would be to a total of 9 units while the hope is that we will in actuality be able to assist in a total of 10 home purchases. In considering this change, the current housing situation needs to be addressed in some more detail in relation to this program. This program is means, or income, based. Thus a household has to be below 80% of the median income for Mendocino County. The current numbers are as follows: Number in 1 , 2 3 4 5 6 7 8+ Household Income $21,600 $24,700 $27,800 $30,900 $33,350 $35,800 $38,300 $40,750 Limit As a rough estimate, a conventional lender will loan 2.5 times a household's yearly income. Using the numbers from above, this gives the following amounts that a household may be eligible for from a mortgage lender: Number in 1 2 3 4 5 6 7 8+ Household Estimated $54,000 $61,750 $69,500 $77,250 $83,375 $89,500 95,750 101,875 Mortgage Amount These mortgage estimates do not take into account any credit problems or the debt that is likely to be incurred with more people in the household. But using these as estimates and then adding the current limit of $30,000 in downpayment assistance provides the following amounts qualified potential homebuyers would have to purchase a home in the City of Ukiah: Number in 1 2 3 4 5 6 7 8+ Household Estimated $84,000 $91,750 $99,500 $107,250 $113,375 $119,500 $125,750 $131,875- Amount Available to Purchase a Home Attached is what is currently listed in the City of Ukiah for single-family homes. This illustrates the difficulty for people in finding a house giving the total amount of assistance for which they are eligible. Adding $20,000 to the maximum loan amount under the downpayment assistance program would make them able to find housing they could purchase in the City of Ukiah. REALTOR.com: Find a Home - Search Results Page 1 of 3 R LTORaCOM' Your Ne.xt Hom& Is Here~' Horne ~: Help ~. Message Boards , · ~ home · msurance/i Ii .... ,'~ ........ '1! 'l garden find a home find a REALTOR® find a neighborhood personal planner for REALTORS® A healthy pet loves U · Move... For Less $$$ · Find a Home Search Results Back to North America Map I California I Mendocino County Change Location I_Change Criteria 6 Listings match your search criteria · Change View: IDetailed: with photos 25% off Furniture Rental! Make your move page 1 of 1 1 ,o $125,000 122 Clara Av More Info ~,oto Ukiah, CA 95482 100% match See details! Beds'2 Baths: 1.5 Sq. Ft.' 999 MLS No.' 20001234 Save to Favorites $125,000 Located in Ukiah, Zip Code: 95482. Fkame ~itori. ng. This 199 year old home built in 1900 has 2 bedroom(s) and is approximately 999 sq. ft. The property is located on 0.22 acre(s). This home has RV parking. MLS#: 20001234 Presented by... BERNARD REAL ESTATE (MLS ONLY) Office: (707) 485-7840 Calculate the price of the house that you can afford to buy. 2 .o $142,000 226 CARLETON More Info ~,,oto Ukiah, CA 95482 100% match Available See details! Beds: 3 Baths: 1.5 Sq. Ft.' 1220 MLS No.: 20000948 Save to Favorites $142,000 Located in EMPIRE GARDENS, Ukiah, Zip Code: 95482. This 43 year old home built in 1951 has 3 bedroom(s) and is approximately II/11 [] Get notified about hot new listings. [] Save your searches, neighborhood info, etc. [] Receive em·il with helpful tips, tools & more. (lotn "~LTOR~com) Already a member? Sign in. .../HomeListings. asp ?pgnum= 1 &mls--mendocinocounty&st=ca&mlsttl=Mendocino+County&tt 1 / 1/2000 REALTOR.com: Find a Home - Search Results Page 2 of 3 This 43 year old home built in 1951 has 3 bedroom(s) and is approximately 1220 sq. ft. This home has a carport, patio. . MLS#: 20000948 Presented by... SELZER REALTY Office: (707) 462-6514 FAX: 707 462-0969 Want to know your borrowing power? Calculate it here. ~to 248 BURLINGTON More Info ~o,,, $147,500 DRIVE ,~v,a~ Ukiah, CA 95482 100% match See details! Beds: 3 Baths: 1 Sq. Ft.: 1280 MLS No.: 20001238 Save to Favorites $147,500 Located in EMPIRE GARDENS, Ukiah, Zip Code: 95482. This 43 year old single story home built in 1957 has 3 bedroom(s) and is approximately 1280 sq. ft. This home has 6 rooms. Rooms include a family room, kitchen/dining room. This home has a 1 car garage, patio. MLS#: 20001238 Presented by... SELZER REALTY Office: (707) 462-6514 FAX: 707 462-0969 Where are interest rates today? ~!i_c_ ~._h_9~re to find out. 4 ~ $149,500 275 pomo drive More Info m°~, Ukiah, CA 95482 100% match See details! Beds: 4 Baths: 2 Sq. Ft.: 1300 MLS No.: 20001176 Save to Favorites $149,500 Located in OAK MANOR, Ukiah, Zip Code: 95482. This 30 year old single story home has 4 bedroom(s) and is approximately 1300 sq. ft. Rooms include a kitchen/dining room. Other features include fireplace(s). This home has a 1 car garage, patio. The lot is partially fenced. This home has RV parking. MLS#: 20001176 Presented by... BEVERLY SANDERS REALTY CO. Office: (707) 463-2570 FAX: 707 463-1502 Want to know your borrowing power? Calculate it here. See details! $149,900 825 S Orchard Ave. More Info Ukiah, CA 95482 100% match Beds: 3 Baths: 1.5 Sq. Ft.: 1000 MLS No.: 20001133 Save to Favorites $149,900 Located in Ukiah, Zip Code: 95482. This 7 year old single story home built in 1993 has 3 bedroom(s) and is approximately 1000 sq. ft. This home has 5 rooms. Rooms include a kitchen/dining room. This home has a 1 car garage, patio. The lot is partially fenced. Find Your REALTOR® Find REALTORS® in this area! ...OR,,. icalifOrnia ~ ~!i;:!!?~;i. Find a Home Service Pro Choose from up to 3 pre-screened home contractors matched to your needs... OR search our national directory and find a pro. l Find a Professional... ~ ~L~ Looking For a Home? Learn more about looking for a home, including pre-approval, wishlists, house-hunting, and REALTORS®. Find a Job! Connect to top employment sites, job resources and recruiters on the web. Click here to begin your search. Search for the right neighborhood Like our new site? Tell us what you think. If you're a REALTOR®, click here. Senior Alternatives Senior Alternatives for Living is our solution to providing you with a wide range of senior lifestyle options to best suit your particular needs. More... .../HomeListings.asp?pgnum= 1 &mls--mendocinocounty&st=ca&mlsttl=Mendocino+County& 11 / 1/2000 REALTOR.com: Find a Home - Search Results Page 3 of 3 MLS#: 20001133 Presented by... COLDWELL BANKER MENDO REALTY (BD/MLS) Office: (707)462-5400 FAX: 707 462-3857 Just how much home can you afford? $150,000 305 ANTONI LANE More Info Ukiah, CA 95482 100% match Beds: Baths: Sq. Ft.: MLS No.: 3 2 1440 20000568 Save to Favorites $150,000 Located in Ukiah, Zip Code: 95482. This 24 year old single story home built in 1976 has 3 bedroom(s) and is approximately 1440 sq. ft. Rooms include a family room. This home has a patio. The property is located on 0.33 acre(s). This home has RV parking. MLS#: 20000568 Presented by... SEIZER REALTY Office: (707) 462-6514 FAX: 707 462-0969 Sign up for Home Alert, because we list new homes every day. page 1 of 1 Back to North America Map I California I Mendocino County Chan~e Location I Change Criteria homes · apartments · neighborhoods · finance & insurance · moving · home improvement · decora_t_i_ng. lawn & garden · home electronics · shopping find a home · find a REALTOR® · find a neighborhood · personal planner · for REALTORS® Using this site means you agree to our Terms of Use and Privacy ~plic~y. © 1995-2000 NATIONAL ASSOCIATION OF REALTORS® and RealSelect Inc., and/or their suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of RealSelect, Inc., unless otherwise specified. REALTOR.COMTM is the official site of the NATIONAL ASSOCIATION OF REALTORS® and is operated by RealSelect, Inc. , ~u_a_! Housi~n.g Oppo~unity [REALTOR® -- A registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. Inquiries regarding the Code of Ethics should be directed to the board in which a REALTOR® holds membership. .../HomeListings. asp?pgnum= 1 &mls--mendocinocounty&st=ca&mlsttl=Mendocino+County& 11 / 1/2000 AGENDA SUMMARY ITEM NO. 10d DATE: November 15, 2000 REPORT SUBJECT: SET DATE FOR RECEPTION FOR OUTGOING COUNCILMEMBERS AND SWEARING-IN CEREMONY Whenever there is an election and a change on the Council, a Reception is held to honor any outgoing members as well as welcome new and returning members at a Swearing-in Ceremony. At this time, staff is requesting direction from the Council as to a date for the Reception honoring outgoing Mayor Mastin and welcoming our new Mayor and new and/or returning Councilmembers. The City Clerk has been in contact with the County Elections Division and it anticipates having the final results of the election to the City during the week of November 20, however, officially it has 30 days from the date of the election to certify the results. With this information in mind, staff would recommend the Reception and Swearing-in Ceremony be held at 5:30 p.m. on December 6. Other alternatives would be before the December 20 City Council meeting, or at a special meeting held on an alternate date and time after the required 30-day time period. Additionally, any comments Council would like to make relative to the format for the reception are welcome at this time or at any time prior to the event. RECOMMENDED ACTION: After discussion, Council determine appropriate date and time to hold Mayor's Reception and Swearing-in Ceremony. Requested by: Prepared by: Coordinated with: Attachments: City staff Karen Yoast, Executive Assistant Marie Ulvila, City Clerk and Karen Yoast, Executive Assistant None. APPROVED:'"-~~ ~'C C~y Manager andace Horsley, 4/Can.ASRRec. 11 ITEM NO. ].0e DATE: November 1,6', 2000 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- DEPARTMENT HEAD UNIT The City Manager has met with representatives of the Department Head Unit to discuss negotiation items for the period from October 1, 2000 - September 30, 2000. The negotiations have resulted in a tentative agreement which has been ratified by the Unit. The proposed Memorandum of Understanding (MOU) is being submitted for Council's review and consideration. A Closed Session has been agendized, if necessary. If the City Council approves the agreement, Staff recommends adoption of the attached resolution. RECOMMENDED ACTION: Consideration of MOU and adoption of resolution approving Memorandum of Understanding for the Department Head Unit. ALTERNATIVE COUNCIL POLICY OPTIONS: , Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager Resolution for Adoption 3:MOU~ASRDH.MOU Candace Horsley, Ci~~nager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Department Head Unit; and WHEREAS, a Memorandum of Understanding has Department Head Unit; and been approved by the WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding for the Department Head Unit is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement for the term of October 1,2000 - September 30, 2003. PASSED AND ADOPTED this 15th day of November, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: A'I-I'EST: Jim Mastin, Mayor Marie Ulvila, City Clerk 3:PER/DHRES.MOU ITEM NO. lOf DATE: November 1.~', 2000 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- MANAGEMENT The City Manager has met with representatives of the Management Unit to discuss negotiation items for the period from October 1, 2000 - September 30, 2003. The negotiations have resulted in a tentative agreement which has been ratified by the Unit. The proposed Memorandum of Understanding is being submitted for Council's review and discussion in closed session with the City Manager. If the City Council approves the agreement in closed session, then adoption of the attached resolution in open public session would be necessary. RECOMMENDED ACTION: Consideration of MOU and adoption of MOU resolution approving Memorandum of Understanding for the Management Unit. ALTERNATIVE COUNCIL POLICY OPTIONS: , Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: N/A Requested by: N/A Prepared by: Melody Harris, Personnel Officer Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution Candace Horsley, Ci~/M~nager 3:MOU~,SRMGMT.MOU RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY oF UKIAH ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE MANAGEMENT UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Management Unit; and WHEREAS, a Memorandum of Understanding has Management Unit; and been approved by the WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding for the Management Unit is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement for the term of October 1,2000 - September 30, 2003. PASSED AND ADOPTED this 15th day of November, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk 3:PER/RES.MOU