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Home My WebLink About2000-05-03 PacketMendocino Solid Waste Management Authority P.O. Box 123 Ukiah, CA 95482 May 3, 2000 Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95842 RE: Ground lease, 298A Plant Road, Ukiah Dear Candace: Pursuant to action of the Board of Directors of the Mendocino Solid Waste Management Authority today, please be advised that MSWMA elects to exercise the option in the Paragraph 2 of the Ground Lease Agreement between MSWMA and the City of Ukiah dated October 12, 1995, so that the term of the Lease is extended to October 14, 2005. The property in question is part of the Ukiah Municipal Sewage Treatment Plant site, and is used by MSWMA for the household hazardous waste program. The City's generosity in making this property available is very much appreciated. We hope to continue to use it to serve the needs of Ukiah, and all of Mendocino County. SincereJ~ Bruce Burton Chairman Mendocino Solid Waste Management Authority MEMORANDUM DATE: May 1, 2000 TO: FROM: Mayor Jim Mastin and Members of the City Council Candace Horsley, City Manager SUBJECT: AGENDA ITEM 10-F We have received additional information on the two proposed hydro bills, SB 1540 and AB 1956, which you will find enclosed. If you receive this by fax and would like an original delivered to you at the Council meeting, please contact Karen at 463-6213 and she will make sure you get a copy. CH:ky Att. 4:Can:MCC249 BILL ANALYSIS SENATE COMMITTEE ON AGRICULTURE AND WATER RESOURCES Jim Costa, Chairman SB 1540 (Sher) As Proposed to be Amended Hearing Date: April 26, 2000 Fiscal: Yes Consultant: Brent Walthall PURPOSE OF BILL: To enact the California Dam Decommission, River Restoration, and Public Safety Act of 2000. The Act would require The Resources Agency to conduct studies that assess the feasibility of removing or modifying dams to restore access to spawning habitat. To create the Dam Decommission Fund which would fund removal or modification of dams identified by the study. PRIOR ACTIONS: Senate Natural Resources Committee 5-3 BACKGROUND: In the last few years there have been several successful projects to remove small dams in an effort to allow salmon and steel.heM to migrate further upstream to their historic spawning grounds. In 1998 the Secretary of the Interior announced that the federal government would look for opportunities to remove dams in situations where the dams had outlived their usefulness or for economic reasons were no longer beneficial. The most famous of these federal efforts was the partial removal of the Edwards Dam on the Kennebec River in Maine which made national n~ws. In recent years, dam removal efforts in California have been spurred on by environmental groups, water user groups, some private landowners, and the federal government. In Butte County, four irrigation diversion dams were removed to provide LL8t'ON IAIVl~ L :0[ 000~ '8~'JdV salmon and steelhead with access to habitat they had not been able to reach for decades. On Battle Creek, the Pacific Cras and Electric Company voluntarily negotiated with the Department of Interior for the removal or modification of several hydroelectric diversions to provide an additional 41 miles of salmon and steelhead habitat. Even as SB 1540 moves tlarough the Legislature voluntary negofations are oecunjng on Clear Creak to remove an irrigation dam and provide the current water users with water from an alternative source. In addition to these efforts, CalFED has included a study of potential dam removal in ks Integrated Storage Investigation (ISI). The ISI includes a Fish Barrier Removal P~:ogram (FBRP) that will inventory and document past dam removal projects, assess the beztefits and impacts of additional dam removal, and determine a priority for future action. The FBRP will include only the areas of the Central Valley that are included .in the CalFED program scope. This leaves significant areas of the state outside the scope of the CalFED study. LL/$ 'd L181~'ON JA, J~/gL:OL 000~ '8~'Jd~/ PROPOSED LAW: The bill would amend the Wild and Scenic Rivers Act to require the secretary of The Resources Agency to conduct a study that identifies and assesses the feasibility of removing or modifying dams to restore access to fish habitat and to allow the river to return to its "free-flowing" character. The bill removes the authority of the director of Fish and Game to perform these studies and instead places that authority with the secretary of The Resources Agency. The bill would enact the California Dam Decommission, River Restoration, and Public Safety Act of 2000 (Act). The Act makes findings and declarations pertaining to the reasons dam removal would be beneficial to restoration of fisheries. The author will propose amendments ha comm/ttee that would express the Legislature's intent that the study proposed by this bill not duplicate CalFED's Fish Barrier Removal Program. The Act would require the secretary of The Resources Agency to complete a report to the Oovernor and the Legislature that evaluates dams for removal. The report would inventory existi~ dams that are suitable for removal, but exempts dams that are part of the Central Valley Project, the State Water Project or dams that provide essential flood control, water supply or hydroelectric benefits. The author will propose amendments in committee that would define the meaning of "essential." The report must identify and discuss: Uses of land or water that would be enhanced, eliminated, or limited as a result of dam removal; The lack of economic or socioeconomic value of allowing the dam to remain as compared to the environmental and public safety value of removing the dam; and Alternative methods for continuing the beneficial uses provided by the dam if the dam is removed. The report would also require the secretary to develop cost estimates for work to remove or modify dams as recommended by the report. The bill establishes the Dam Decommissioning Fund in the State Treasury. No monies are deposited in the fund, but the fund would be authorized to receive monies from gifts, donations, O.O. bonds, general revenue funds, federal grants and loans, or other sources. LI/'~ 'd Ll8t'ON JAJVgL:OL 000~ '8~'JdV C01VI2vlENTS: California has 1,399 dams that are either 25 feet high or impound 50 acre-feet of water or more. The vast majority of these dams axe small diversion facilities intended to provide water supplies for farms or cities, hydroelectric generation, or in some cases for debris detention. Some of these dams were constructed in the first half of this century and have outlived their usefulness. They are either choked full of sediment, no longer used as a source of water supply, or simply uneconomical to maintain. Unfortunately, even if the dam no longer serves a beneficial purpose it can still prohibit salmon and steelhead from reaching suitable spawning habitat. Requiring The Resources Agency to identify and assess which of California's 1,399 dams could be removed or modified is a significant step in restoring the state's salmon and steelhead populations. The bill as written would require the state to study the potential of removillg or structurally modifying all dams in the state except the dams that are part of the Central Valley Project, State Water Project, danls for which there is a flood space reservation, or dams that provide "essential flood control, water supply or hydroelectric benefits." What qualifies as "essential'.' would be defined by amendments proposed by the author in committee. The proposed amendments would deem a dam essential if the current beneficiaries of the dam could not be provided with equivalent benefits from an alternative source after the dam is removed or modified. All of the previous dam removals in California have been based on voluntary efforts by the dam's owner or beneficiaries. As a result, dam owners have been comfortable working with regulatory agencies to find solutions to fish passage. If future efforts to remove dams lose their current focus on a voluntary process and become a forced regulatory process then it is likely that few if any additional dams will be removed. This bill proposes a study and provides an unfunded account for later use once dam removal opportunities are identified. This is an appropriate approach because it is an incremental step that is slow enough to ensure the success of future dam removal efforts and not an overly aggressive regulatory process that would slow the success of future dam removal and modification projects. One of the things that has hampered efforts to remove or modify LL/9 'd LL81z'ON dams is a lack of information. The study required by this bill would provide a comprehensive review of California's dams and enable the state and others to identify opportunities to pursue removal or modification of dams that have outlived their usefulness. A lack of funding is often a significant impediment to the current voluntary efforts to remove or modify dams. Most of the successful darn removal projects have relied on money from water users, federal agencies, and private foundations. The state has played a very minor role in funding dam removal or modification. This bill would set up a fund which, once funded, could provide a ready source of funds that would allow the state to participate in dam removal projects on equal footing with the federal government and water users. In 1993, the Department of Water Resources published Bulletin 17 which is a comprehensive listing of all of the dams in California that are greater than 25 feet high or impound more than 50 acre-feet of water. The bulletin identifies 1,399 dams. This bill would require a study of each of these dams and an economic analysis of the beneficial~ purposes of each dam. Any effort to provide a credible study that includes an economic analysis of 1,399 facilities and the potential environmental benefits of each will require a very significant level of state funding. The bill requires the study of dam removal opportunities to be complete by January 1, 2002. This would amount to a review of 2 dams per day including weekends and holidays even in the unlikely event the review is limited to the 1,399 dams under state jurisdiction. The committee will be provided with a mock-up version of the amendments being proposed by the author. SUPPORT: American Rivers California League of Conservation Voters California Trout Endangered Habitats League Friends of the River Heal the Bay National Audubon Society LL/L 'd LLSt'ON ~NV~t:OL 000;~ '8~'JdV Pacific Coast Federation of Fishermen's Associations Planning and Conservation League River Touring Section- Sierra Club Sierra Club South Yuba River Citizens League The Franciscans 2 Individuals OPPOSED: Association of California Water Agencies Northern California Water Agency Regional Council of Rural Counties LL/8 'd LL81z'ON ~Vg[:O[ 000~ '8~'JdV BILL ANALYSIS Date of Hearing: April 3, 2000 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Howard Wayne, Chair AB 1956 (Keeley) - As Amended: March 30, 2000 SUBJECT : Utilities: hydroelectric assets. SUMMARY : This bill authorizes the Public Utilities Commission (PUC) to accept a deemed valuation ha lieu of market valuation; gives the state fight of first refusal for sale of the hydroelectric assets; and creates the Consumers' Energy and Environmental Security Authority to manage any state owned hydroelectric assets. EXISTING LAW : 1)Under legislation deregulating the electric utility indusu-y (AB 1890, Chapter 854, Statutes of 1996), requires by January 1, 2002, market valuation of generation assets owned by any public utility, using appra/sal, sale or other divestiture. 2)Under the California Env/ronmental Quality Act (CEQA), requires that public agencies conduct an environmental analysis of activities that may cause a significant adverse impact to the environment. 3)Under the Public Resources Code and Water Code, requires the State Environmental Protection Agency, State Water Resources Control Board, the Department of Fish and Game, and other state agencies, to ensure that certain water quality standards, water rights, endangered species and environmental standards to be met. 4)Under the Federal Power Act, gives the Federal Electric Regulatory Commission (FERC), plenary authority over the comprehensive licensing and oversight of all hydroelectric facilities to, among other thngs, make sure that facilities are managed consistently with a comprehensive plan for use of the river resource, including protection of fish and wildlife, irrigation, flood control, water supply and public recreation. Lt/0t 'd L181~'ON DVgt:OL 000~ '8~'JNV THIS BILL : 1)Authorizes the PUC to accept a deemed valuation in lieu of market valuation, to be determined by the average of three final appraisals. 1)Creates the Consumers Energy and Envkoumental Security Authority (CEESA). 1)Authorizes CEESA to issue revenue bonds (up to $3,500,000,000 for a maxim_urn period of 50 years), to purchase any existing investor-owned hydroelectric assets, to operate the hydroelectric assets, to bring up to environmental standards, and after a six year period to sell them to private entities, as prescribed in the bill. 1)Provides the State the "right of first refusal" for the purchase of any existing investor-owned hydroelectric generation facilities. I)Directs the Board of Directors of CEESA to operate all hydroelectric assets acquired by CEESA to achieve the goals and objectives of: a) ,Honoring the con~raetual and other legal obligations relating to the financing and operation of the hydroelectric asset b) Meeting the authority's debt service obligations c) Remediating and improving natural resources within the watershed that have either been adversely affected by the hydroeleaxie operations or through proper restoration may enhance environmental benefits from the assets. This includes activities both above and below on-stream diversion and storage facilities d) Integrating hydroelcctric operations with all other associated facilities for any local water supply increases, water quality improvement, or other benefits that may arise from integrated operation e) Minimizing retail electricity rates I) Requires that CEESA, upon purchase of the hydroelectric 'd £[81z'ON ~gt: 0 L 000~ '8¥' J dV asset, to allocate 50 percent of the total annual net profits to thc customers of the authority, in the form of a cash rebate or dividend and 50 percent of the total annual net profits to use for the environmental management and restoration activities within the watershed that have been adversely affected by hydroelectric operations or through proper restoration may enhance environmental benefits from the asset. Such approved activities include: a) Physical or operational improvements to the facilities for fish or wildlife habitat restoration b) Term/hating the use of facilities for energy production, but retaining them for downstream water protection c) Termination or discontinuance of water diversion works for water quality, recreation or fish and wildlife habitat improvement d) Installation of water quality monitoring and other equipment e) Measures to change licenses issued by the FERC in furtherance of the authority's purpose, including relicensing by FERC 1) Allows CEESA to issue bonds to undertake specified measures that are necessary to achieve the above stated goals. 1)After a six-year period of ownership, requires CEESA to sell off all hydroelectric assets. In doing so, also requires that a contractual agreement be signed by any purchaser to complete a schedule of completion of any measures determined by CEESA's board of directors as necessary for the protection or enhancement of fish and wildlife habitat, fish passage, or other water quality improvements. LI/~I 'd L[8t'ON ~t¥9[:0[ 000~ FISCAL EFFECT : Unknown. COMMENTS: I) Background AB 1890 (Bmlte), Chapter 854, Statutes of 1996, triggered a restructuring of the electricity generation market over a four-year transition period. The transition to a competitive generation market has included significant divestiture of mility-owned generation facilities and recovery of ufiltities' investments through a transition charge paid by comers. California's investor-owned eleetric utilities (Pacific Gas and Electric (PG&E), Southern California Edison (SCE), Sempra Energy) have already divested a significant portion of their generation assets, however the utilities with hydroelectric assets, (PG&E) and, have not yet valued or divested any hydroelectric facilities. California's network of utility-owned hydroelectric powerhouses (which includes 174 dams, 68 powerhouses, 140,000 acres of land, and 400 miles of water diversion canals and tunnels) has a total generation capacity of about 5,000 megawatts, which meets approximately 15% of the state's electricity demand. Bemuse of their ability to start and stop on short notice, hydroelectric powerhouses are uniquely suited to supply peak demand and reserve capacity, the most valuable segments of the electricity market. FERC maintains general jurisdiction over the licensing and operation of all hydroelectric facilities, regardless of who owns them in the future. FERC is required to incorporate conditions set by federal authorities for the protection of reservations and fishways, as well as any conditions imposed by the State Water Resources Control Board. In California, principle jurisdiction lies with the PUC (to the extent that the hydroelectric facihties are owned by a public utility), however, if the hydroelectric facilities are sold, as prescribed under this bill, they will no longer be under the jurisdiction of the PUC. As CEESA is an independem body, it is not subject to any general state oversight (including any legislative oversight) or specifically PUC oversight. It should be noted that this is also the case if PG&E sells their hydroelectric facilities in an auction process to an un.regulated owner, as currently plarmed tl~ough PG&E's proposal for auction before the Lt/~t 'd Li81~'ON PUC. According to the author's office, in September 1999, PO&E applied to the California PUC to break-up and sell its vast hydroelectric system to the highest bidder in an auction as soon as possible. The PGSe~E hydroelectric system affects energy, water supply, recreation/tourism, CALFED, and other economic and environmental issues throughout the state. The future of these resources and their usefulness to .Californians depends Oll getting the "privatization" of these assets right. 2) Environmental tmprovements Under AB 1956 This bill will authorize CEESA to purchase utility-owned hydroelectric facilities for a six-year period. During that time, CEESA will use up to 50% of any annual net profits (from the hydroelecla'ic facilities) for environmental management and restoration activities within the watershed that have been adversely affected by hydroelectric operations or through proper restoration may enhance environmental benefits from the asset. Included in this are physical or operational improvements to the facilities for purposes of improving or restoring fish and wildlife habitat (particularly with respect to the protection and enhancement of endangered species,) measures to improve water quality standards, fish passage, and recreation. Any of these improvements must be approved by FERC, most likely through a license anaendment made by the facility owner, in this case, CEESA. Any environmental improvements to the hydroelectric facilities will be decided upon and implemented by the CEESA board. The bill is vague as to whether the improvements include any scientific standard by which the CEESA board of directors must comply. 3. Watershed Management Plans This bill requires the completion of an agreement for any future owners or operators of the hydro facilities that requires such measures to meet the goals and object,yes of watershed management plans or strategies developed with participation by the public at large, public agencies, local counties, and other stakeholders identified by CEESA. The bill also states that the purpose of a watershed plan is to I, NVLL :Ot 000~ '8~' Jd~/ provide criteria, objectives, and a coorrlin_~ted process to assist in implementing multi-objective watershed plans. Currently, the state has no regulatory requirements or guidance to ensure that watershed management plans are developed in a comprehensive manner with broad stakeholder representation and actually provide environmental protection and restoration. 4. Six-Year Timelk~e for Ownership: Enough time to complete CEESA's plans ? This bill provides that CEESA will purchase utility-owned hydroelectric facilities for a six-year period, during which time environmental and operational improvements will be made to the hydroelectric facilities. During that six-year period, CEESA is charged with planning environmental and operational measures that are needed, securing approval for any necessary license amendments that are necessary for changes from FERC, producing any environmental documents (i.e. CEQA documentation), and contracting and executing the project. In the event that measures are not completed, this bill requires that a contractual agreement be signed by any new owner of the facility to complete any necessary work. Included in this contractual agreement is a further agreement that the new owner shall post a performance bond of 10 percent of the purchase price committed to ensuring the completion of the restoration work. REGISTERED SUPPORT / OPPOSITION · Support California Public Utility Commission Office of Ratepayer Advocate Consumers Union Environmental Defense Humboldt County Board of Supervisors Pacific Coast Federation of Fishermen's Associations Sierra Club California The Utility Reform Network Opposition LI/9I 'd L181~'ON Independent Energy Producers Association Coalition of California Utility Employees Pacific Gas and Electric LI/LI 'd L181z'ON ~¥8['0[ 000~ '8~' PROCLAMATION BIKE TO WORK DAY - MAY 18, 2000 i" . : .. WHEREAS, riding a bicycle promotes a healthy mind and body and greatly reduces the anxieties of everyday life; and ~ WHEREAS, the amount of air pollution, traffic congestion, and noise can greatly ~ be reduced by riding a bicycle rather than using a private automobile; and WHEREAS, the use of bicycles for transportation is steadily growing in Mendocino County; and WHEREAS, twelve bicycles can be parked in the space occupied by one car and each person riding a bicycle for business in Ukiah will free up parking spaces for those who choose not to ride; and ~ WHEREAS, bicycles are the most energy efficient form of transportation in ~ ~. helping to reduce our society's dependence on oil and fossil fuels; and WHEREAS, bicycle transportation is an integral part of the "multi-modal" transportation system planned by federal, state, regional, and local transportation government agencies; and .. ~ WHEREAS, the California Bicycle Coalition, the American Lung Association of ~ -'.. California, and the California Department of Transportation (Caltrans) have worked cooperatively with many public and private groups and individuals to promote a single , day for bicycle commuting; and .' . WHEREAS, the month of May is "California Clean Air Month" as part of the American Lung Association of California's efforts to promote air quality and National Bike Month to promote the bicycle as a means of transportation and recreation. NOW, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Roy Smith, Kathy Libby, Phil Baldwin, and Phillip Ashiku, do hereby proclaim Thursday, May 18, 2000, as BIKE TO WORK DAY .. in the City of Ukiah, and urge all who are able to take advantage of the benefits offered to those who ride a bicycle to do so on this day and throughout the year. ~Mayor U K I A H PLANNING DEPARTHENT MEMO To: From: Subject: Date: City Council Charley Stump, Senior Planner~ Implementation of the Master Bicycle and Pedestrian Plan May 3, 2000 The City Planning and Public Works Departments are actively pursuing grant funds to implement the projects listed in the Master Bicycle and Pedestrian Plan. We are currently working on the following grant applications: 1. State Department of Transportation Safe Routes to School Program - $47,727 This grant will be submitted in September, 2000 for funds to construct a Class I bicycle path along the south side of Gobbi Street from Oak Manor Drive to Riverside Park. Planning Staff is preparing the grant, and is receiving demographic information from the Ukiah Unified School District, as well as technical information from the Department of Public Works. We will be opening discussions this summer with the property owners along this stretch of East Gobbi Street to discuss design ideas. 2. Mendocino County Air Quality Management District AB 2766 Funds - $40,000 We were originally pursuing approximately $100,000, but the Air Quality District scaled it down to $40,000. This grant was submitted for funds to implement the Bicycle and Pedestrian Master Plan in three ways: 1) Creating a Class 3 Western Bikeway along Helen Avenue, Gardens Avenue, McPeak Street, Barnes Street, Todd Road, and Hazel Avenue; and 2) The installation of either stamped concrete or interlocking paving tiles within the existing 12-foot wide crosswalks at the State and Perkins Street intersection. It also involves the installation of the same materials in the crosswalk at State and Clay Streets, which links the businesses, Sun House Museum/Park, and the future MTA intermodal transit center east of State Street with the Downtown businesses, Plaza, Ukiah Civic Center, and west side residential areas; and 3) Striping both sides of Gobbi Street with a Class 2 bicycle Lane where it currently does not exist between Yokayo School and Oak Manor Drive. The grant material has been submitted, and the Mendocino County Air Quality Management District Board will consider the request on May 2, 2000 WHEREAS, across A~nerica, in large cities and s~nall towns, letter carriers travel their routes everyday throughout all communities; and WHEREAS, these men and wo~nen are keenly interested in the well-being of their friends and neighbors and uniquely aware of the hunger facing ~nany families; and WHEREAS, these individuals and the U.S. Postal Service have embarked on an ambitious project to help feed the hungry through the annual National Association of Letter Carriers (NALC) Food Drive; and WHEREAS, postal customers simply leave food items in bags by their mail boxes on the Food Drive day and when the city letter carrier delivers mail that day the food is collected, taken back to a postal station, then delivered to the local food bank; and WHEREAS, what began as a pilot program in ten cities in 1991 has grown quickly into the largest one-day food collection in our nation. NO W, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phillip Ashiku, Phil Baldwin, Kathy Libby, and Roy S~nith do hereby proclaim May 13, 2000, as NALC NATIONAL FOOD DRIVE DA Y IN UKIAH and urge all citizens to take part by placing a food donation by your mail box on Saturday, May 13 so your letter carrier can pick it up and deliver it to the Food Bank. ~astin, ~vlayor WHEREAS, the Ukiah valley residents have great appreciation and admiration for the ~nany local men and wo~nen who served their country in the armed forces to protect and preserve the freedoms enjoyed by our conununity and by all Americans; and WHEREAS, some veterans have encountered obstacles in readjusting to civilian life; and WHEREAS, veterans, many of thegn disabled, represent a significant share o four state's homeless population; and WHEREAS, veterans possess a wide variety of valuable job qualifications and skills, including experience, maturity, leadership, and loyalty, that make thegn ideal candidates for e~nployment; and WHEREAS, Local Veterans Employment representatives, Disabled Veterans Outreach Progra~n Specialists, and other Employment Development Department staff are committed to ensuring that veterans receive the services and programs to which they are entitled, and to promoting e~nployer interest in hiring veterans. NO W, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phillip Ashiku, Phil Baldwin, Kathy Libby, and Roy Smith do hereby proclai~n May, 2000, as VETERAN APPRECIATION MONTH IN UKIAH and urge all local e~nployers, organized labor, veterans organizations, and other government leaders to support this worthy campaign to increase employ~nent opportunities for the men and women who have faithfully served our nation in the ~nilitary. ~Mastin, Mayor ~ 3c AGENDA SUMMARY ITEM NO. 4b DATE: May 3, 2000 REPORT SUBJECT: PRESENTATION ON THE GRACE HUDSON MUSEUM FACILITY EXPANSION The Sun House Guild and Museum staff submitted a presentation on the proposed Museum expansion to the City Council over a year ago. In the meantime, they have raised nearly $1 million and have almost completed designs for the project. Since the original presentation to the City Council, the design has changed dramatically due to several factors that became evident during the past year. I have requested that Museum staff and the Guild once again come before the Council to update the Council on the latest revisions before going to the Planning Commission for approval, as this is a City facility. RECOMMENDED ACTION: Council receive presentation and offer suggestions, as appropriate. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. N/A Citizen Advised: Requested by: Prepared by: Attachments: N/A City Manager Candace Horsley Candace Horsley, City Manager 1. Design Plans APPROVED:~. 4/Can. ASRGrace.400 Candace Horsley, ~ty Manager METAL SKYLJGHT W1TH SOLAR BRONZE G[.J~ING ~ NEW CONSTRUCTION METAl. ROOFING TO "~ MATCH EXIST1NG~ [-.~ ........ , .... _ .................................... GU'ri'ER JO M^'~'C, , i ' · "'i......_ RAFTERS FASCIA & ................................... "~Z~' .-. ~-'Z'£.'~'_"'_--TJ.~------- ,I i I OX I S,O,,"OTO'.'AT~'_____.--4~ ---:-, .... , ', ..... .;:., , _ ...... :-... , '~'-' '~:':;:;' ':'..:. :'~':~;'~'-~ .......... i'~'~''''' ~";":'iL:';'il;'' ...................... SOUTH - WEST NEW CONSTRUCTION SOUTH - EAST NEW CONSTRUCTION ~ /TYPICALTRELLIS (DOT'rE[ ", - i /,SEE DETAJL ABOVE ,,.., 1! !i'! i( ',,'ii,'i "!ii [i !!i, i [" !i NORTH {RE~R) PROPOSED EXTERIOR ELEVATIONS 0 5 10 25 50 '=- DWOOO TOP E~S A~ ~- o.c,.~............~ TRELLIS ELEVATIONS . ----....~ ~DWOOD (~ROSS !ERS ALIGNED ~ ~ ~ ---~ POS~S ~. H H H 3ERS OM EAC~ I I I J~ I I ~ og$odOBd NOI.LIOC]V C]~SOd~d .cj-j.c~ · x Z MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 5, 2000 The Ukiah City Council met at a Regular Meeting on April 5, 2000, the notice for which had been legally noticed and posted, at 6:33 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Libby, Baldwin, Ashiku and Mayor Mastin. Councilmember absent: Smith. Staff present: Interim Public Works Director Bertolero, Commu~i:..:t..y Services Director DeKnoblough, Assistant City Manager Flad, City Manag::.e. r Hor..~i~'i Associate Planner Lohse, City Attorney Rapport, Deputy Public Works D.'i~t~i~ii~eanor, Senior Planner Stump, and Recording Secretary Elawadly ..... Councilmember Ashiku arrived 2. PLEDGE OF ALLEGIANCE Mayor Mastin led the Pledge of Allegiance. ':~?:ii?~!ili?~i!i!i?~iii?~iiiii??~ii?:~ .... ' ..... 3a. Regular Meeting of March 15, 2000 "::i:i:i:i::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. · ================================= ·:::::::::::::::::::::::::::::::::::::::::::: · ..::i:!:!:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:i:i:i:i:i:i::.. "::!:i:i:!:i:i:i:i:i:!:!:!:!:i::" Deputy City Clerk Yoast noted a correcti~!iii{~ii~·:.i~:.i:.:.~!~.t line ~?~:e first paragraph, that the date should be changed from Febrd~ 16, .2~i~i~i~arcbiii~:'5, 2000. Councilmember Libby recommen, a~'d the f.: i!i;wing to the minutes: Page 1, Paragraph 9, Last S~ii~:~ice, b."~iii~mend~ii~io read: "In regard to item 5a, she referenced..:page 16, Sp.e...~a!i.li~:Uppliesii.i.i~y~.i~ Friedman Brothers Hardware in the amount of::~0.58 and..~ii~r items, ii~i~!!i?~§ page 22, Special Supplies, payment to Parnum.:'iiii~i~ii.~..in v~i~i...~.unts, ~:~::?:~i~'~luired if this went out to bid because the Page 9, Pa..r.a~~?i.i.i~!i.i?~.~.ecor~:~iii:i:~i~nce, be amended to read: "She stated that in January sli~::~'""6~!i~i~o-da~::Workshop in Sacramento which provided her with .-::i:i:i:i::::" ' :i:i:i:~:!:!:i:i:i:i:i:i:i:i:i:i:i:i:i:i:~:i:i:i::.. · .:.:..,:...:..::..:..........:::::::.,.:.: .::. the his~:i'y and stru~t~?:6[~NCPA. .... ?::iiiii::?" ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... ::??:~i~::~i:' :::!i::ii::ii::! ::::::::::::::::::::::::::::::: ...... Pa...:.~9, Paragraph 6,~ii~a~:~:"Sentence, "She was also part of a legislative group and then ..i:i::-..:.i:i:i: .:::::::::' ~i through a trai .n...:i~ session on the framing of quality issues relative to NCPA," be ~.-~' .......... en. ..... .:;:.~::.~::.i:~:~'' :!:i:i:i:i:i:i:i:!:i:i:!:!:i:!:!:i:i:i:i:i:i:i::::.:.:.... ........... ::::::::::::::::::::::::::::: G~!!~~i~"Libby recommended the following second paragraph be added to Page 9,"::~ii~?~';0uncilmembers Ashiku and Libby went back to Washington, D.C. with NCPA to help lobby our Congressional leaders on legislative issues that would directly affect the cost of buying power to Ukiah. The first day in Washington, D.C. the activity briefing on all legislative issues would be discussed with the Legislatures." April 5, 2000 Page 1 of 24 Page 10, Paragraph 3, Second Sentence, be amended to read: "With regard to the Trinity Water Environmental Impact Statement (ELS), if this is diverted, it could mean an increase anywhere from $5 to $10 million per year for western power." Page 10, Paragraph 3, Third Sentence, be amended to read: "On the local level, the cost of power could increase anywhere from $28,000 to $58,000 per year." Page 13, Paragraph 3, Second Sentence, be amended to read: "She was unsure if she could support taking someone's personal property without compensating them." MIS Baldwin/Ashiku approving the Minutes of the Regular Me~i~g.. of....::::i~rch 15, 2000, as amended, carried by the following roll call vote: AYE, .S..:~i~ounci!~~ Libby, Baldwin: Ashiku, and Mayor Mastin. NOES: None. AaSSNT~i!i~'nciln~'~~i~ith. ABSTAIN::,: None. 4. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. ~:~i~i!i!iii~i!i!?~?~iiii~i!i!!!i!~?~!i~ii::~ .... ":~:~:~ ........ No one from the audience came forward. ..... i;iiii::i::iii?:~i~i;::;i;?:i::iiii~::~i~?:~::!ii~ .... . ............................. Mayor Mastin drew attention to an urge:~iii~ii~iiii~i?:~i:ncorp(~:d as agenda item 8h, authorizing the Mayor's signature on.~?ii~'tter .p...~~iby..:...C...~iit."~::Attorney Rapport to the Mendocino County Russian River FI.~I Con~6~i a~ ~~?~ii~onservation Improvement City Manager Horsley reported!i~:"~'afore~i~tioned::.t~{[er pertains to a Mendocino County Russian R!ver Flood Co.n..trGiiiii~nd Wat."~i!~!iiC..o.:..n..s..'~'ation Improvement District meeting wherein a~. was take...~i~ ~e City ~ ~ ~erly notified of the pending action. She further .[~~i...t. he ac(i~ii~~.during~iii~eting could encompass consequences for the C itY:::~i.~!!i ~::~::....ot h ei:::~i!i~[~.; MIS Ash,ku/B.~~ii::~rovaJ"~i!!~:!'i~i'em 8h to the Agenda, carried by the following roll call vote: ..A~?~i~~!!~..mb~i~::'Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None .... ABSENT: C(~I~ber Smith. ABSTAIN' None. PUBEIC HEARING :iliiiii!? '~ ........ - .:::::::::. 6ai~!iii~il~ Introduction ..~f Ordinance Rezoninc~ Portions of Assessor Parcel Numbe~ .:ii ii i ii ii iii!i i ii ii:: 003-471-27.~:!::~3-472-13, and 003-47~-14 ~~?lanne~:~..S..~p reported staff recommends Introduction of an Ordinance rezoning Parcel Numbers 003-471-27, 003-472-13, and 003-472-14. He ~~ii~~:~ when the proposed Boundary Line Adjustment is finalized, this would allow the common property lines between the contiguous parcels to be shifted 20 to 100 feet to the east, which would allow the facility to be developed without buildings crossing over property lines. He noted the purpose of the Rezoning along with the Boundary Line Adjustment results in a parcel with one zoning classification. April 5, 2000 Page 2 of 24 Associate Planner Lohse stated, more specifically, approval of the proposed Rezone (~J9-51) would change the zoning for an 8,743 square foot portion of land from the (;-2 (Heavy Commercial) Zoning District to the (;-N (Neighborhood (;ommercial) Zoning District in order to provide the proper zoning category for the development of an assisted living facility on the affected property. The affected area is currently located on the western half of Assessor's Parcel Nos. 003-472-13 and 003-472-14, but would be made part of Assessor Parcel No. 002-471-27 once a separate Boundary Line Adjustment application is finalized. The Rezone procedure requires City Council's introduction and adoption of an ordinance. He further noted the Ukiah Planning Commission has approv~ Major Use Permit (#99-52) on March 8, 2000, allowing the development of an... assist~.ii!ii:~/ing facility on a 2.5 acre project that includes a portion of a parcel in t~i::~:C-..N..iii!i!(:Neighborhood Commercial) Zoning District and portions of two parce!..S....~.:in the..~.i.li~vy Commercial) Zoning District. He noted most of the assisted livingi~:'facil''~i~!~.i.~ developed the area zoned for C-N uses, but the Planning Commi~i~)n made?:~!ii~iii~l~mit appr~:i contingent on the approval of the Rezone applicatio~i!i~:ince occur on the portions of the site located in the c-~ili~......e....::?:::ii?~iiii?' ::~!ili~iiiiiiiiiiiii iiiii iiiii iiiiiii?' ========================================= :iiiiiiiiiiiiiiiiiiiiiiiiiiii!iiiiiiiiiiiiii:': ' '.:.:.:.:-:.:+:.:.:-:.:.:.:.:.' He reported the Planning Commission voted 5-0 to re~~~:.that the proposed Rezone be approved, based on the fact the change in th..e.::~iiAi~:~i.i.~.~.:.t, he resultant transfer in ownership would be consistent with the Ukiah ~::~'neral"~:~!~i.i.!~::.~:....would not affect the commercial viability of the portion of the si..t..~i::ii~i.ning ir~:~!::~!~iiii~ing. The Planning Commission also noted the Rezone would ..a...!.~ ~i~..:e.!opmen~{ii~i~'e proposed assisted living facility with a twenty-foot rear ya.r.:~!~:~'~'~'..:~ ~i i~ii~ide.r.::~.:t-i~n the required setback of ten feet. The Boundary Line Adj .u:.~':":'.~ent e~i:i~i~::i:~!i~i:::::~2,648 square feet of land from APN 003-472-13 and 6,0957:~ii~:~luare ...f.::~t of 't~iiiiiitf:0m APN 002-472-14 to be transferred to APN 002-471-27...::?:::ii~ii?:i i:? .:::i~ii?' .... .:::ii~!~?' .... ......... ..:::::::::::::: ..:.:.:.:.:. PUBLIC HEARING OPENED~ii~?22 P.~?~ii;:, ........ .;~ii~.. i?:ii~i~i!i" .:i:~:i:~:!:i:i:i:i:i:i:i:i:~:~ ............... ~:~:~:~:!:i:i:i .... Don Ma!~ili'ii~5.01 26.:~~i~!~uite 45~!:?:i::~i~i~::i~::'Oregon, Applicant's representative, presen~iiii~i~!~..proj~i~~i~.t:jon reg'~'r'ding the concept and importance of assisted living facili:~:.iiiii~!~ted t~ i~~e. js actually a down-zone from Heavy Commercial to Neighborhood~!~~..:~i.al wl~i~ii!ii~ii~ particular zoning would be more compatible with the nearby:~::[~i~iii~:.the 'G~:'rch of Latter Day Saints than the previous Heavy Comme~:i'"Zonin~!iiii~i~i..terated the Heavy Commercial Zoning does not allow for an assis:.t::~:"Living facilii~ii~i.ii~!...~'nditional use, which is hereby referenced in the Agenda Su~ary Report, Ite~i~!~:~?~ .... ~i~...:LIC HEARING.?:.~iEOSED' 7:24 p.m. ...... ::::::::::::::::::::::::::::::: .... ::::::::::::, ~i~hik~~ii~ approving Mitigated Negative Declaration for Rezone ~J9-51, carried ~i~~~~:~oll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor MA~'"{i~!!iii::i?'~'ES: None. ABSENT: Councilmember Smith. ABSTAIN: None. MIS BaldwinlAshiku to introduce Ordinance by title only, amending the official Zoning Map for the City of Ukiah, California, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: April 5, 2000 Page 3 of 24 Councilmember Smith. ABSTAIN' None Recording Secretary Elawadly read the title of the Ordinance. MIS AshikulBaldwin to introduce Ordinance, amending the official Zoning Map for the City of Ukiah, California, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None PUBLIC HEARING .:~ ........ 6b. A~_ _Deal of Plannin_a Commission Decision to Condifional~i!A~ve Major Use Permit No, 99-52 .... Senior Planner Stump reported there was some:~iii~i~:ern a'~!!i!i~~:.priate proj.e...~ noticing and he stated the project was properly noti~" in of the Ukiah Municipal Code. He further noted ~.re are::~i~:be Co~i!ii~i~m~ to ensure proper noticing and he noted each notici~?~i~.o...~'re. He advi'~i~iiiii~perty owners within 300 feet of a project are advised d~i~iiii~iic hearing. The ~:~'llant is a tenant and did not receive a public notice. ..::~?~i::ii?~iiii!iiiiiiii?~iii??~iii?~i!iii?:~:~ .... Associate Planner Lohse reported staff racom .m...~i~ds der~¥~i ~~ii.'a..ppeal and approval of Major Use Permit No. 99-52 based on staE~ii~~::Finding'::~ii~'~litions of Approval as set forth by Staff and the Planning ..C...~!ii~i~ i~!iii::~.t...he Ma~::'8, 2000 hearing. On March 8, 2000, the Ukiah Planning C~'issio:~i:i~i~9...d...~.~t.:~ Use Permit allowing for the development of an assisted livi~i?~re fa~i~ity i'~~§~i:ng 43 apartments on a 2.5 acre portion of a project site ma.....d.....~ii!i{~p of .t..~'e coni!~'S parcels located in the C-N (Neighborhood Commercial) :a...'~iiiiiiC-2 .(~avy Co~'mercial) Zoning Districts. The Commission approved both th.e....iii~:~ative.:~laratio..~.i.~:epared for the project and the Use Permit. Project approv.a.J.. ~ base.~iiiiiiii~:i:i:~:..:t..~i:i:i:i~i:i~dings as outlined in the Planning Departme:...~ii~:..t. aff Repo...:~ii~ii~e 25 C..'~i~i~::0f Approval including the five additional Conditi .o..:~i~~ by t~ i~~iA...sion at'~-~iii~ring. Ms. Rite Samols filed a timely written appeal (~'~{~i~i~....0.ject ~~i~..o....:jnclude potential disruption of "peacefulness" caused by the loss '~i~ii~?eld,"::~! ~~:.ction of the facility at a distance of 25-feet from her home, dust/ng:i~i.iii~~§...,....con~!~::hours, and potential loss of privacy. The Planning Departme~!iii~i::$t-'afflilililE~~:.for t~i§" project, as well as the Minutes of the Planning ....::::::::::.'.' ====================================================== Commi~'n meeting::~~!i?~ecifically outline the project's aesthetic design/dimension plan:,:.i.i~dscape/lightir~i~i.i.~!~ili!::~And parking/emergency vehicle requirements, wherein the pr~ was found to beiii~0:~'istent with the Ukiah General Plan, the City Municipal Code, a~iii~he Ukiah Munic:i~l Airport Consistency Plan. ::::::::::::::::::::::: ..:.:.:.:.: ............. .,.,....... ..:+:.:,:.:.:.:,:.:.:.:. ............ .:!:!:!:!:!:i:i:i:i:i:i:i:~: ..i:i:i:!:~::" ~~.i.!membe..~::.i~ii~by inquired regarding the approximate time for construction of the :::::::::::::::::::::::::::::::::::::::::::: .========================= ===================================================================== It wa~'"'hOted facility construction would take approximately six months. PUBLIC HEARING OPENED: 7:31 p.m. Rite Samols, Appellant, briefly recapitulated her reasons for project denial and addressed April 5, 2000 Page 4 of 24 the issue of tenant public hearing notification. She would like the building's size to be reduced and the facility constructed as far away from the residents as possible. George Ginochio, 1383 Berkeley Way, Ukiah, stated he was not in support of the project because the construction of the facility would create significant health hazardous for his daughter. His daughter's health is guarded and any proposed dust and/or construction impurities would be detrimental to her health. He specifically described his daughter's medical condition to include the immense respiratory problems associated with her illness. He stated, as a homeowner, he did not receive project public hearing notifi~tion. .,::::::::::::::. Mr Maloy, 2501 26 Street Suite 450, Salem, Ore on A li~t's"~?resentative, · g , PP ..... ~ .......................... i~iii.: P . acknowledged Mr. Ginochio's concern for his daughter,s healtbili~ili~ted he would be amenable to accommodating Mr. Ginochio's daughter ~ii~istin~i::i~i~~ needs duri~ the construction phase of the facility. He noted a nei~rhood prior to the Planning Commission hearing wherein ~re supporting the project. Facility access was a nei~..r..ho~?:ii~oncern suitably discussed. He noted a correction in the ~!i~!~i~.. dimension an'~iii~i~'~ed the u~ld~ng s exterior parameter calculates to 38,800 s~Ba~iii~.'e..e.t incorporating an interior courtyard wherein the actual building size is 27,~:'~i~~iii~e:t. He further noted the Ukiah Convalescent Hospital is in joint venture ~i:ih Fi~~i~m.up. He advised the facility must be set back 10-feet, according to t..b....e.:~iZ~i.ng reqU:i~~i??He further advised applicant set the proposed building bac...~iiii~ i~!i~iii~e nort~ili~i~?~ossible, and, in his opinion, the property density has been m i :i' 'aii ~ing.:J.~Would be located to the north of the property in order to lesse:~iiii~'e vehi~l'~..!~~.i.~"the residents. There will be seven additional trees planted ~?'th "~ e so side ~::~ r ect for privacy screening .... :::::::::::::::::::::: ..::?:Y .... ~:~:~:!:? · purposes. =========f========================= .... ~ii::::i:::? .:.:,:.:,:.:.:.:.:,:, ,,:::::::::::: ,.:::::::::' .,:.:.:.:,:.:.:.;.. ;.:.:,:.:,:,:. .:.:.:.:.? It was noted the first two mo~:$ of co..~?ctio~::~uld encompass excavation wherein there would...::::ib.e significan:.t:::~~ts of di~i~i~i~:i'lowed by installation of a construction pad/reta~.~i~i~all as w;~iii~i~i!~e first p:~:. ~!~::~:~arking lot paving. The parking lot paving would '~iiii~~!~ted A:~ii~ii~i~i~ii::~:as possible upon removal of the heavy construction equipmen:{:?~~.i...p....arkin:~ii~{.!~i~g..techniques were introduced by the applicant, which are effective"::~ii?~B~i~g pa~i~i~i~i~i~:'and the inconvenience created. Dust mitigation measures w aiaii ii plis : i " utilizing standard watering techniques daily and/or May~::'Mastin drew ai~i~ to the tree species to be placed on the south side. :+:':':':':':':' .:i:i:i:i:: Mi~iiii.i~aloy assured.::~i~t the tree species incorporating a Iow-medium canopy would be ~~..cive to the..::..s..~:de/privacy screening purpose. ~ii~i~~ii~i~'ated in addition to the proposed trees along the southern property line, th~iiii~iiii~i'sting trees which would be retained as well as the construction of a six-foot wooden fence to assist in shade/privacy screening. A general discussion followed regarding further building set backs to the north. It was noted additional set backs would not be possible due to the parcel irregularities and in April 5, 2000 Page 5 of 24 order to maintain compliance with the emergency vehicle requirements and delivery pickup areas. Mr. Maloy noted all units would be interiorly accessed from the center portion of the building. Mr. Lohse addressed the dust issue by referring to compliance regulations per The Air Quality Control Board as follows: 1. The project site shall be regulated by water to control dust incurred by mobile equipment. All mobile equipment shall be washed regularly., to pre~ dust from leaving the site; ~:~::ililili!i!i~ ........ ~i::iiiiiili!~ 2. Other construction methods to be utilized as needed .~ring a~i~i~iii~'"reduce sources of dust and other particular matter would include:..:i!iiiiiiiiiiiii??:i~' '::~!::iii!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ a. Extended construction periods to reduce th~iiii~:~mber ~ii~!!i~.e..d soils exposed and heavy equipment is in use; :iiiiiiiiiii!~' .~ii!i!ii!ii? ........ ~i::i!iiiiii~iii!~iiiii~iiiiiii ..... b. Limiting the use of heavy equipment at the ~..e.. ti.~!!~ ........ c. Provide adequate spacing between emission::i~:_~~ such as heavy"::~i~:~ent on d. Reducing or changing the hours of construct.i...e..'~iii~~iiii~i~uses congestion during These conditions were supplied byd. as standard dust suppression methods for this type of p.r...~j~*~:'~':~~i~b~ ......... ~i::iiiii~':~'' Ms. Samols inquired if studies have.~n com~ted ~i~:i:ng the need for an assisted living facility in this community..S.:.~ii~as in f~0r of bu.i.'i~'ing size reduction and supported the concept of incorporating t~i.i~pos~ii:!~terior .~'rtyard be constructed on the outer parameters of the building, fo~ii!~blic aerO, tic e..n~:ncement. It was no.~ili~.'e..., individ~iiii~{j, ng andi~i~i~i'tioning units would be located mainly on the sod~~iii~Jon 0:~i~ii~i~ii...'.tegether'"~ith some units to be installed on the northern portion of":{~iii~B:~e. T~!ii~~:sors would generate minimum noise impacts. Mr. Maloy .s..~ !~iiii~..curi:~i~::~o assisted living facilities in Ukiah wherein a need does exi~ii~':'ihis ~i~i~i~.ervice:facility for seniors. He noted there has been extensive resea~::documentati~iii~~d in conjunction with this project and the results rectify the ne~ity for this type :::::::::::::::::::::::: ...,...... ~cilmember Bal~in supported the concept of incorporating proposed courtyards for ~'"............~::~..:..developme~..t....'iii.i~:~ing incorporated into the exterior perimeters of a proposed project ~i~ii~ili~ .p...:p....:..e..~ii~6:"interior parameters. M'~?~i~?:~i~'dicated the proposed assisted living facility is not the type of facility which would provide security fencing that would prevent people from coming and going. Leona Salsbury, Ukiah, stated there exists a need for an assisted living facility in this community and she supports the project. April 5, 2000 Page 6 of 24 Mr. Ginochio inquired what would be his ramifications if no agreement could be reached by the applicant in terms of his daughter's health condition should Council approve the project. Barbara Jiminez, Ukiah, as an administrator, stated on behalf of the residents at Ukiah Convalescent Hospital, that many people in her facility are interested in the proposed facility. She addressed safety concerns associated with problems in the open field where the assisted living facility would be located. PUBLIC HEARING CLOSED: 8:10 p.m. A brief discussion followed regarding a project hearing::~ntinuaii~iii~iingen, t upon the applicant and Mr. Ginochio reaching an agreemen.t..iiiii~i~tive t':~iiii!~iiii~hter s medi .ce...l problems or, in the alternative, formulating COnditionsii~i~his hea.r.:....i~:~i~iit..be propo.~ construction concerns. Councilmember Ashiku proposed staff monitor~i~ii~ii!ii~truction site r~i~~ing that compliance with air quality standards be appropri~i~ii!~ii::p..:ertinent to Mr. Ginochio's concerns. He proposed that a construction sched~ii~':::~iii~B!~ted for the time period when there would be "particulates" generated, t'~::"serve::~!i~iii~i~.'.~tion to the abutting residents when construction impurities would~!~:sent. ~ ~~i?additional watering for dust may also be necessary and should.::.b.'.:~i~!i!!i~:..consid~ii~n,. He f.u,,rther added that the parking lot paving phase ~iiiii::~'m~i~ii~rdi..n...~':~:'to two-lift procedure application. .:/:iii?' Mr. Stump advocated staff could.?:~te ano.~r condi~h stating that prior to the issuance of a Building Permit, the ap~i~:t sub'ii a det.a, ii~d construction schedule outlining construction intentions, whi~?Would ::~!i!iis.ha[e...d..iiiii~ith the neighborhood. He further advocate,c!::~t, be City mus..t:?:i~iii~{ified ofii~i~i~ction changes which may evolve. The ' ,.m. Mr. Molay:.....:st~iii~ii~td be":~!~able to submitting a construction schedule to staff allowing..~i::~:~::':"activii:~ii~{~i~fi~n on the project site. An agreement was reached with Mr. Gino~:"wherein the':~i~{~:'would install a special air-condition unit in his daughter's ro~!i?' and pay the .~§~'iated electrical costs. The applicant would also seal Mr. Gi.'~hio's home in ~Ber to shield the home from dust impurities. He indicated Mr. ~i~hio has volu~'ered to provide additional watering to the site at night when ~~s. ary. He s.t~"either his construction supervisor and/or Mr. Ginochio would water ~ii~{~iii~.-.S.u~ when there is no construction activity in order to suppress dust. c.os : ,.m. Senior Planner Stump stated staff crafted additional Conditions of Approval to include: Condition Nos, 26 and 27 would incorporate the two aforementioned Air Quality Control April 5, 2000 Page 7 of 24 Board regulations cited by staff on Page 6, Paragraph 5 of these minutes. Condition No. 28 would state Beacon Way and Berkeley Way shall be barricaded prior to approval of the City Building Permit, precluding vehicle access in these areas. Condition No. 29 would require the applicant to submit a construction schedule which would provide periods of construction activities to be reviewed by the City Engineer prior to the issuance of a Building Permit. The scheduling of any construction and/or modifications shall be shared with persons who request notification prior to:..~pproval of the Building Permit. No changes shall be permitted to the schedule..:ii!ii~ithout prior notification of those persons who have requested such construct, i~:noti'~tion. Associate Planner Lohse advised that any time a co.ion ~~i~ili~.s been set u~. an inspection schedule would also be establishediiii?~e previously approved Condition of Approval No. 20ii !i~corporat..:i~' the":~..o..n..:~:~:~-s, would be modified to read: "The hours of outside co~u..c, ti~iii~",hall be between 7:00 a.m. and 5:00 p.m., Monday throug~!i~{~ay. There wo~i~!i!i~::'~lo hour limitations placed on internal construction. "::~:?~iiiiiii i~iiiiiii~iiii?~ii!!iii?:~ .... Condition No, 30 would require a "two-lift" paving .!~:hniq~iiii~i!i~!i~d to the parking lot. Mr. Stump noted a Condition of Approvaliiii~i~ii~ii!~.o. rmulat~i~!i~i~'ting that prior to the issuance of a Building Permit, the appli~i::~:'~'i~'~ii!i~~S:..the :~iect issues and attempt to reach full resolution of those iss..u..~:i' He.:~i~'~iiii~ii~ii~'i'on would be problematic should the issues remain unresolved!:: .... ::?:iiiii?:i~ .... ~ iii i~iiii~iiii!iii?:~ .... City Attorney Rapport comme~::i~ity C~cil cout~i~ntinue the hearing until all issues between the applicant and .ii~i'' Gino~i~i~:...hav..:eiiiiii~en resolved or, as an alternative, formulate,.:t::~.condition~::ii~iii~i~' hearin~ii~~!~iii~:~e proposed concerns have been fully resolve...d~ii~iB~ ~..u. rther S.'.:~i ~ Coun~iil ~i!~"'elect to approve the project whereby the a ' "::':":"~'""~?:~":'"'"':"::":'?': ' "?'?::'"':'"":'"::::':'"':'"":"":"': .... pphcar~::S...:'i::?:i::~?:~..a..ith Int~~ii~..o. uld be considered and/or honored. He advised some of the issu~!iii~?~!~.ssed,"::~ii~ ~ enforceable. He noted it would not be appropriate to provide a ~i~i~ii~...ating '~ii~:'must reach an agreement with Mr. Ginochio pri,or to the iss~iii!i~iiii~iiii~i!:..d....ing ~it, which would be in effect, delegating the City s approvaliiiiii?:~:~thorit~::~::ii~i ~i .p....r. oject for a private citizen. This concept would not be It.:~i~S noted the addi:.ti0n.:.:.:.:.:, of another Condition of Approval shall read: "Prior to the iS..'~nce of a City B..~i:lding Permit, the applicant shall provide the installation of the air- ~i~oning unit,..::~?'electrical service, and other improvements as stated during the public ~i~iiii~t...e..:~M~iii~i~ochio's res,,idence.' It was also noted another Condition of Approval ~::~iiiiii!~iii~~i'~ted to read: The construction site be routinely watered to adequately su'~~ili~a:Gst on Sundays." MIS Ashiku/Baldwin denying the appeal and approving Major Use Permit No. 99-52, as amended, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: April 5, 2000 Page 8 of 24 None. A general discussion followed regarding the issue and/or appropriate considerations which could be made for tenants being notified of public hearings for future projects. UNFINISHED BUSINESS 7a. Discussion of Results From March 16. 2000 Meeting With Clara Avenue and Ford Street Residents and Consideration of Im_r)lementation of Traffic Calmin_n Measures .... City Manager Horsley reported staff conducted an informal public meetingi!~i~h the Clara .:!i!ii!i::. ..:...:.i:i::':" Avenue and Ford Street residents on March 16, 2000. It is :~~hded that City Council direct staff to implement traffic calming me..a...~.res r~iiiii~y neighborhood consensus wherein a two-phase action plan was for.~j~d. :':':':':':':' ..::i:i:!:!:i::" ....... Interim Public Works Director Bertolero present~ila brief.~{i:i'ne 16, 2000, neighborhood meeting wherein future Oi~a..A.v....e.'."~'e and F( g action plans and/or options were discussed. Heiiii~~iii~n December 15;:~:~:~:.1:g99, City Council directed staff to remove the then existing tra~i~ii~~::~...on both Clara Avenue and Ford Street, which was completed within one wee~i!ii~::""~i~iii~bc..:il also directed staff to present a report on alternative traffic calming ~::~asure~iiii~iiiii~iiiii!i~lemented on Clara Avenue and Ford Street. On January 19, 20.0..:,.O..ii!i~i!i~:,eport W~ii~~ted to City Council wherein Council directed staff to work with..?t.~ i~i~~.od in 0~::~io reach a consensus regarding traffic calming measures. A~::::iiiiii~'igh~~ii~eeti~"'Was held on March 16, 2000, and the first phase action plan .w.....~:id be t~ ii:n~jiiii~~i traffic calming measures implemented by staff at Council's.::~!~'ction i.~ili~e foll~~::!:'~0rm: 1. Repaint street center lin~iii~ add ~i§ed refl~{ive pavement markers; 2. Paint white fog line striPi~i~:i'~3 sep~te trav..e..'i.!iii~nes from parking lanes; 3. Repaint the white limit~ii~rs and.:~eme.n.t..:iii~arkings for the railroad crossings; 4. Pai.~i::~e speed !i~ili~ii~:street p~~iiiiii::~ .... .... '"""'"'""'"'"" ============================================== ':!:!:i:i!i:iii!iii~!!i!i!i!i!iii!ii!~!!!!!:': .... He not' aiii! iiii nd include formulation of a committee to evaluate the effectiven~ii~?~ii~iii~:e.., abo~~~¢..e.d measures to determine which traffic calming measures w0:~i~iii~ii~'.p...ropri~i~iii~iii~?future. He drew.:.:ii~i~'~tion':i~i~i~ii~a Avenue and Ford Street minutes of March 16, 2000, and reco~i~nded the fol'i~J~i!~:anges: ....... ::.-:::::::. .:::.' P.~ 3, Item 4, QuaSi:ions and Discussions, Answer, insert a parenthesis to add the ~.~. date of 9-17....:~. :~:~:~:i:!~i~!i!~?:~!~?:?: ...... ?:~??: .... ~ili~ii~~iiii~?the last sentence, be amended to read: "Lorraine Street is unique as i~!ii~!i~ii~~ which qualifies for a decreased speed limit." Councilmember Baldwin queried regarding the cost of the proposed striping and painting. Staff replied the project is considered a Iow cost measure and the cost for materials and staff time would be approximately $1,000 or less. Apdl 5, 2000 Page 9 of 24 Councilmember Baldwin further inquired should future curb, gutter, sidewalk, and pedestrian/bicycle pathway improvements be implemented would the striping be removed? Mr. Bertolero replied it would not be necessary to remove any striping, since there would be no impact to curb, gutter, sidewalks, and/or other future improvements. A general discussion followed by visual graphic assistance demonstrating the required standard dimensions associated with pedestrian/bicycle pathway and/or lane improvements. Staff does not anticipate any problems with the proposed sho~-term traffic calming measures and any future street/bicycle and pedestrian la~e impertinents. .::iiiiiiiiiiii~ ........ ~i::iii!::~~ .... It was noted neighborhood traffic counts recently co.~ucted..~i~iiii!~{~i?indicated 2,500 vehicles travel on Clara Avenue per day. It was furthe~i~{~d F~ili~~iilbas more traffi..c:.. in one direction per day than Clara Avenue. Additio~jii~affic stu...d..i.~!~ii~!~iii~j]ii?:.a..s follow..~ determinations would be conducted in this area Councilmember Libby inquired whether speed c~~i~!.uations were made for the aforementioned streets? .... Mr. eertolero replied affirmatively and he ind. i.~iii.tbe ave;:~ii~~ traveled for Clara Avenue was 31 m.p.h. He reiterated ~.e..rcussi~i~sociated with speed requirement violations in residential are~i? ............... ~ii ii?~iiiiiiiii?iiiii!ii!iiiii?~iiiii~ Judy Pruden, Ukiah, attributed pro~i~s of ~e ne:i~~:0ods are due, in part, to the lack of existing infrastructure of ~?sidew.:~i~', and g:~er. She stated there is a need for additional traffic calming me .a...~&'~ in t.hi~?area..~:e noted the Planning Commission recently denied an apartme~[iiiiproject i~iii~?.areaiii~i~ar Clara Avenue, which also lacks various inf.rastructure. S~iii~d, in he~ii~i~iiiii~'roject approval would only compound existing::~i~rhoodlili~i~..S regar"~i~i ~i~'~strian safety, recreational services, and Eric Larsor~:?~i~iiii~i~.r...a Av'~i~iiii~iah, stated he did not intend to speak at this hearing as..h&ii~ii~!i~Ve the":~i~ssary materials with him. However, in response to Cou~i~'mbe'~i~i~i~ii~nc~rn regarding the traffic counts on Clara Avenue to inclu ?: f,000 cars represents the total vehicle volume traveling through ::::::::::::::. n================================= the?:i~ighborhood, :~..t j~st Clara Avenue, but a combination of both Clara Avenue ari~!Ford Street. Thi~iiamount has been well established by the City's traffic counts d~. six years ago~::i~iii~he current traffic counts total 8,500 vehicles traveling through :::::::::::::::::::::::::::::: ..:::::.::::-' ~lS~n.'e ghborho.O.':d' per day, which is a significant increase. He stated he does not ~~ii~i~~:0od meetings as a Planning Commissioner but represents himself ~iiiii~!ili~i~i~:"'of the neighborhood. He stated any reference to his activities or .... :::::::::::::::::::::::::::::::::::::::::: invol~'&ment in the traffic calming process has no bearing on his work with the Planning Commission. He noted, for the record, the current traffic count in this neighborhood is 8,500 vehicles per day. Councilmember Libby stated that she knows Mr. Larson has put a lot of hours and April 5, 2000 Page 10 of 24 work into this project, and asked how many years he has been working on the traffic project on Clara Avenue? Mr. Larson responded that he has worked on this issue for six years. Councilrnember Libby asked whether he was the person that basically organized the neighborhood? Mr. Larson stated he was part of the group that did. Councilmember Libby questioned whether the K-Mart projeciii!~..o.,,d.~'~ less traffic than was projected? ..... ?:iiiiiiiiii~ .... Mr. Larson responded in the negative. :~iiiiii? .....~i~!!iiiiii~i!~*.~!ii~!iii!iiii~!i~iiiiii~ii~i~iii!iiii~i~i~ .......... ?:iii? Councilmember Libby questioned why he felt ~i~a.S.:i!i~). Mr Larson stated he has not gone back over K ~i?~iiiiiiiiiiiiiii::~ · .; .............. i~i::~i::i~C study yet, but K-Mart anticipated a 30 percent increase. We are curren'"ii~ at'::~i~~.n..t and that is without Lovers Lane being built. He couldn't answe.r...~i~:ure, c vo,umes are up, and K-Mart delayed construction for thr..e~iii~~iii?:i~ ..... Councilmember Libby questioned ~{~er M[~!ii~~iii~iiii~olved' in putting up the traffic calming devices that were r~ntly tak~h d0:~ii~iii~'iara Avenue, and whether he was on the Planning Commis~J~bn at t~t time?ii?' ........ "" Mr. Larson responded he w~!iii:~nvolve~ii~ith th~ii~iacement of the traffic circles but was not on~:.~he PlanningliC~missio~ii!~ he felt Councilmember Libb's line quest,on,'ngiiii~ii~ "naii~iiiii~i~ii~ii~pr.::son on something and he did not think it was sh; was not trying to nail him on anything, but was just ~i~g to get so~iii~~ound because of the many statements made, and she wa:~i~st trying, for e~~:e's ...... information, to understand how long Mr. Larson has b~' working on thisiii~roject because it has not just been a year or two. He's been i~i...yed in this fo[::i~ite awhile and the statement of 7,000 cars was not a statement ~ii~:..streets..$.:~:added that she attended the recent neighborhood meeting and ~ii~."a.~a.~~!~ent made by Mr. Larson that sounded like 7,000 cars were on one ~~i!ii!~iiii~'t is a lot of cars. Some of the things that were proposed at this rrm~{~i~:~re, what she considers, not traffic calming devices. They were sidewalks, gutters, bike lanes, and this type of thing. She was trying to get an idea where Mr. Larson was coming from on these things because she didn't consider these things traffic calming. April 5, 2000 Page 11 of 24 Mayor Mastin stated the issue before the Council at this meeting is not curbs, gutters, and sidewalks. Councilmember Libby stated this was part of what was in the minutes from the neighborhood meeting where they proposed a second phase. Mr. Baldwin stated that is not stated in the proposal tonight in any form or fashion. Mayor Mastin said he was concemed with the sound of the questioning...and the way Councilmember Libby was presenting it. Mr. Larson was not th~,only .~i~idual who worked on this project for six years as it was an organizatiodii!~i~.n..~bors, and he felt it was unfair for Councilmember Libby to be q~tioni~iiii~ili~e way she was. Councilmember Libby stated she was only asking!!~!~estion~iii~:~ii~.,e.:, are people who have been very vocal on this issu~iiiand s~!iii~id meeting and they were very vocal and adama~i!i~:.O.,U., tii!~is. They f~i~!ii~ii~ was responsible in providing items she did not feel':~ili~ffc calming d~i:~*es. Mayor Mastin stated he did not have a problemii~i:th"::~~!!~ember Libby arguing those points, but he thought rather than a quick, ion and**::~~~i~ssion period with Mr. Larson, she could proceed with he.r~i~i~!~:.on th~ ~i::~*gs that the group Mr. Larson stated, since he was::ii!i~* the ~i~iu~ii!~~!i::?all the facts and figures involved are all part of the publi~?~ord..H~:'has b~'~:~i::~volved in the project for six years in conjunction with theiiii~i~:/~~' Engi~'er, Pubii~ Safety, the Traffic Engineering Committee. The City Counciliii.~elf haS!!~Viewedi~i) the plans, proposals, everything · ...-..:*:..*. ..:.:.:.:.:.:.:.:.:.:.::. ..:.::::!::¥::::.. so it is no~:?:!i~i~'~is" thing--..[~iiii~~ed a I~!i~i:~~'. There were some 500 newsletters that wer.**.~iiii~t.,.out tha~iiii~ii::~hand-d!~i~~"'*on several occasions outlining all of these '*:~~ls t0*::~i~i~~dy in '~:~?*' neighborhood, far more than the City distribut~iiiii!!~!i~:**e***:..thre~:~~!!~.ng which the plans were being considered, there was absolu~iiiii~iiii!~.spor~"*~iii~!ii~anyone in the neighborhood of any negative nature. Th.~::i~~iii~t w~~'*on it was made up of people that had a concern and pu.t...::iif~**~h th~:::~~iii~!i~ a'nd deal with the problem, and, yes, he was part of that:.:.?iiii~i~t he was O~i~:.:.~iiiibf an active group of at least a dozen, and a support gr~** of around 30 ~i~'~!?:~eople.:.:.:.:.:. ... He stated that the staff proposal of painting the s~t, etc. like he s.~d before, seems like a waste of time. ===================== ~iii~hikulBa!.d~ii'~' directing staff to implement traffic calming measures reached by ~~.S..~i~ii~" Clara Avenue and Ford Street residents at the March 16, 2000 informal Mayor Mastin questioned whether there are further meetings scheduled? Mr. Bertolero indicated they did not schedule the meetings as they want to implement those traffic measures, conduct some traffic counts, and take that Apdl 5, 2000 Page 12 of 24 information to the neighborhoods and discuss further items of traffic control. City Manager Horsley noted it would be appropriate to take three or four months history after the changes are made to see if they will work. Right after installation people will behave differently because the changes are new, but they want a chance to see how people behave after they are used to the changes. They will monitor the immediate response as well and then wait a period of time and monitor again. Councilmember Ashiku commended Judy Pruden, Eric Larson, and staff..;f..or their joint efforts and accomplishments regarding the Clara Avenue/Ford.~:....Street::::~;~ic calming project. .:~:~:~:-- ..::~ ~ .... Councilmember Libby stated as to staff's approve them with one alteration. Instead of paining speed~ii!i~'i'~ii!~iii~?:street,...:.~e wou d favor po.t'ng .,gn= has boon do.o hThe traffic counts clearly show the traffic issue h.."~ii~!iia'ramafically "~~~n and elped along by the media. The issue here i~iii~i!ii~p.earance of fav;~:~'tism. All through the rest of town we have speed signs ..a.'"'~i~ ii~...o..es not feel it is right to single out a neighborhood when we have ~1 ':~i!~ti::i~..t. raffic and speeding problems through other areas of town. Many...~Sidents "~ii~!~."..d..:.to wondered why this is the only street they read about reg~ii~iii.-:'.S, peedin'~i~~*~ She agrees with them. This street has been singled outii~iiii~!i~.not s.e.:~!ii~ny justification for it when she looks at all the figures th.a~ii!~'ave She added that she certainly d.o:e.*.'~!?not thi~ peopl~?~:~k to Clara Avenue because they think they can spee~iiiiiiii~~:'' the../:~/'reet. ..~e would ask that her fellow Councilmembers would con.:~:er hav...ii~i, the S:~ type of speeding signs on Clara as we have..?:...throughout ~::.r~t of to~ii~i ~~" is not a perception of favoritism in this area~iiiii~ii~, justifi.a~i.'"~ii~ i~ave sp~i~!ii~:igns just as we have in any other area but sh~ii~!i!~:t se~::~i~ i~raffic ~:~:~:~"'is worst than anywhere else. Councilme~~iii~ku st"~i~~ he has been on the Council for four years he has more hi.S..-.t~ii!~~n? th:i:~i~'ue. He suggested that at one time Lorraine and Betty S~i~'""~:~i~i~i~i~g p~ferential treatment because of speeding and they tried ~:~d humps ~!i~~ in that location to solve those problems. He has no do..~i:"there are so~i?~'c issues on Ford and Clara that need to be addressed b:~use of the uni::~e character of the neighborhood, but he highly feels it is a...~ppriate to plac~!ilihe signage on the street itself, and perhaps the raised lettering ~i~iii~ more be.n..~ial because they will be aware when they hit those areas. ,a~dwin agreed that when a decision of the Council creates negative im~:~:~r a neighborhood then we have to, as representatives of the community and the citizens and taxpayers, to try to help that community out and immolate the problem and that is exactly what a previous Council did in the Lorraine and Betty area. They spent money and did everything in their power because City decisions had created massive traffic there and when the City approved K-Mart it created April 5, 2000 Page 13 of 24 significant new traffic in those areas. He is going to support this and he thinks it is kind of ironic that this is exactly the trouble we had in front of them two months ago. He also attended the community meeting and it seemed like the majority of the people said this is no big deal. It is almost irrelevant. Maybe it will do a little bit of good, but what he heard most of the people saying is they wanted a more safe and friendly neighborhood. He hoped before budget time they could get some cost estimated for curb, gutter, and sidewalks in that community having created a dangerous situation over there. They could have voted on this two months ago when it originally came, exactly like this, to the Council. Councilmember Libby stated her problem with this is the pe~:.e..p.....t.i~:"that they will be painted on this street and in no other area are.::~,t§py pai~iii~il..the street. She does not like to see the perception of favoritis~ii!!~d op~~ii~iii!i~.a..ndora's bo.."~ because you open the option for other areas to::ii~ they ~"'~::ii~~i~g prob.l.:~ and not only do they want the speeding signs, b~i~.hey Mayor Mastin noted that one of the things that t~!i!~!~i~C:ouncil, along *~i~{~'*the City Engineer, several years ago agreed upon was tha~i~i~?ii~R, because of the unique impacts of it being commercial on both ends and!ii~eir~i!~~ht, ial in the middle, this area would become more or less a test ~?ea. for tr~iiiii~ing and for other measures to see what the City could d~iii!~ii~r area~iiii~iii~:~' City since it was recognized at that time that K-Mart that area by traffic, not that it would be the only area iniii~Wn th~i~'":.~ ~i~?i~' have anything done to it. It probably has had no more dod~::'to it th.'~!~ th'~iiii~~!~:~/Betty Street area where the City went through several di~nt ty~' of dev{~:~'~', some traffic calming, some direct traffic, that we rearra....n.'~ii~' remO~d, and..~did a couple of times. We now have a solution that works. ~::iii~i~ feelip~'!'? tha...t.:~t of why this is happening in this neighborh..O....od is beca.u.~P::.~y haveii~iiii~i ~ active neighborhood organization that ca~iii~ii~ith a n...:~~ ~.f their ~~ and presented an organized thought proceS~ii~ii~!iCoun~J!!i!~:: ~!i~Uck wit~::::J:~'~"to see it through. Councilme~iiii~ii~by~i sta~iii~ ~ ~ouncilmember she is very much interested in public safe~iii~ili~i~i~t an~::ii~ij?i~'ver the City but she only has concerns about the percepfi~::i~'~"wh~ii~i!~Qt just putting speed signs and why we are putting it on the s.t:'~:~t. She h~iiii~iiii~blem with the striping and everything else that is recommended.............., ii iii ?iliiiiiii::~ .... · :..'-:.:.:.:.: .......... ::!:!:!:i:i:i:i:i:i .::i:!:!:!:' M~or Mastin note~?that hopefully these will work and the City will be able to use .:i:i:i:!:i:i:i:....::i:i:i:. .-::i:i:i:i::" th~i~:in other successfully. He would hate to think that the City put up ~!~~ii::i..i.~iiiii~iddle of intersections throughout town because we didn't want ~i~~~ to feel like they were being left out of the process. Mayor Mastin called for the question. The Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, ^shiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: April 5, 2000 Page 14 of 24 None. NEW BUSINESS 8a. Consideration of Extension of Contract with Jeff McMillen for Golf Professional Services at Ukiah Municir)al Golf Course Through October 31, Community Services Director DeKnoblough reported staff recommends City Council approve the contract extension with for Golf Pro Jeff McMillen for Golf Professional Services through October 31, 2004. He further reported on June 16, 19.99, the City Council approved a 16-month extension to the Golf ProfessioD. al Se.~S with Jeff McMillen, commencing on June 30, 1999, and terminating October.:~i~!~::2~:: The contract referred to as "Grant of License and Concessions, at ..:g.'.'kiah Ma~i~iiii!~olf Course and Independent Contract for Golf Professional Services i.~6s a ~:.~i~iii~.lowing the Ci~ to extend the contract for four years through Octob~?~l, 2004~::iii~:~i~~!iii~pon the..E~) requesting renewal by February 15, 2000. Mr. McMiii~ reque.s.'.:{:':~ a he recently met with staff regarding a minor revisio~ii~ii~.e..:~)ement in~i~~..!ii~:~age clarifying payment of a percentage of the cart ren~iii?~~es to the City."::~i¥":.~¥~::"revision of the cart revenue issue is necessary because Para~:~ii~ili~i::..'o.f the contract requires the Pro pay to the City, on a quarterly basis, 6 pe~'"~:~!iii~iii~i~ii::i~gross receipts from all concession. Golf cart rentals are included in the li,~{~i::i~f con~~ili~0vided in Paragraph 2, but have not been included in the list of re..qu.i.~i~i~ees und~i~i ~~i~ph 2.2 in the past, and under this contract, it would be appr~i~ ~i ~.'..e... City t(~::ii~i¥~ct a concession fee. He noted the Golf Pro has agreed to pa~ii~:':'ih~:~ ~ili~i!~ i~iune 3~"::~f each year the sum of ,$2,500 in golf cart fees, which ~'i~d be.:?:ii~i~:~iiii~ ~?'Cart Path maintenance expenditures. He noted Attachment.:~iii.i~f the .A...~nda $:~~i~ Report referenced as Item No. 8a is the original contract w..~in AttaChment 21iiii:S the contract which includes the revised language. ..:~::iiiiililiiiiii?' ~:?:~?:? .:iii!i!iiiiii~i::' ..::!:i:!:!::' A general ..~i~ssion fol!~:i~gardingiii~~ i~~:entioned language clarification relative to the ~i~iii~visio~iii~ii~i!i~.ed in t~i~'da Summary Report for this item. Counciln~~iiiii~bby r~i~~ii!~rt concession revenues represent approximately $100,000 anr~:~ii~iiiii~:..f, urth~i~ii~d the City pays the Golf Pro 6 percent of the first $150,000 .o..~i~;~iii~~i~.e..S an(J:~:~i~iii~:ercent thereafter. Staff ~d the City re~i~i ~:'percent of concessions to include merchandise, food, and be~ge. It was not~"::i~::"Golf ...... Pro receives proportional income from cart fees and ~ssions. The Golf.?~iPro ..... does receive full income from golf lessons. It was further noted ~ fee appropriators are used by the City for general golf course maintenance. The ~ii~..would be.~ for cart path repair and/or maintenance. It was noted Golf Course ~E~...e.s..~~ect the amount of revenue generated per year. The Golf Course does ~~i~!i~!i!i~:'nterpri se Fund. Golf Pro McMillen thanked City Council, staff, and the public for their continued support on his behalf. MIS Ashiku/Baldwin approving contract extension with revisions for Jeff McMillen for Golf April 5, 2000 Page 15 of 24 Professional Services through October 31, 2004, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN' None. NL=W BUSINESS Bb. Consideration of A_o_oointrnent to Vacancy on the Traffic Engineerin_n Committee City Manager Horsley stated staff recommends adoption of a Resolution making an appointment to the Traffic Engineering Committee. She noted the City .r...e. ceived two applications for the vacancy of a City of Ukiah resident member to ~e on ~3ommittee. The first applicant was Bill Femandez who had served for 20 year'Sii!~...t~!ii~ommittee and he did not completely answer the questionnaire wherei~he ind.i.~{~i~iS past tenure on the Committee would suffice. The second appli~{iiiiii~as ~:i~!i?~i~ker, a Medical Independent Study Teacher. .~i!iiii?ii?" .~:~iiii!iii? .... Councilrnernber Baldwin nominated applicant ~i~e z~er to serv{ Engineering Committee. MIS Baldwin/Mastin adopting Resolution No. 200.0....?.:~i:'::~i~ii~pp..ointment to the Traffic Engineering Committee, carried by the following.":i~;311cali::" !iliA ES:Councilmembers Ashiku, Baldwin, and Mayor Mastin NO~::i::::~i~:Council~ _ · ........ ~:::::::~i.:.~.!.:!:.!.:.i~iiiiiiiii~::iii.:. e..'~?*L~bby. ABSENT: 8c. Authorize the Mayor to.::::~ii~xecuteli?~n Int~:t'" Rate ~=xchanQe Transfer Aqreement with Pale A!t~!!i!i~osevilii~" and Si!i.~'on Valley Power Relative to the Hydroelectric Pro_iect..~!!~rated~i!~ the No~hern California Power Aaencv Councilmember Ashiku::ii~n~ii¢ity Att...:~y:..~:~a...'~:~)rt presented a brief synopsis o~ the matter, ~!~ resulte..d..iiii!~i!iii~i! compr~~ii~i!?the participants stated herein. Staff recom~~ii~ May~i!~iii~..h. orized:~{~iiii~'~ute and Interest Rate Exchange Transfer Agreem~{i~!i~icipa~iiii~j~i~l:to, Roseville and Silicon Valley Power, relative to the Hydroelect'~iii~~~:~..oper~:{~ii~i~Northern California Power Agency. The Northern California Po~iii~~y.... (NC":~iiii~nmission voted in October 1999, to enter into an interest e~~i~ii~~;~t, w~i~i~upon all participants would be liable should interest rates ~'ge adver~i~iiiii ~ii::bonds issued for the hydroelectric project would then pay a ma~:{ maker or ban~i~ii~'d rate payment due on the bonds. The market maker would pay~i~e participants int~e~:based on the variable rate. It was noted when variable rates a=r.:;~i~ii~elow the fixed r...~{~, the exchange rate results in a savings or in a payment to the pD~:.~!pants. If the::~'riable rate increases above the fixed rate, the exchange results in i~~sed payme..'~ by the participants. The significant factor associated with the ~~~ii~iteria is that of variable rates staying below the fixed rate debt over time. P~~.i~ntage in the Interest Rate Exchange would be exactly the same as in the third"ish'ase agreement for various components of the Hydroelectric Project except as provided for in the various side agreements among the participants whereupon Healdsburg and Ukiah, combined, have a 3.7 percent interest. It was noted the financial risk associated with this type of interest rate derivative would not April 5, 2000 Page 16 of 24 be appropriate for Ukiah, since a change in the market rate may cause adverse effects. Ukiah chose not to participate in the Interest Rate Exchange Agreement, but did not want to prevent the other participants from proceeding and, therefore, Ukiah requested the other participants take Ukiah's proportional share of the Interest Rate Exchange Agreement. The three largest participants in the Hydroelectric Project would be willing to each take a one-third share of Ukiah's 2.0 percent participation in the Interest Rate Exchange Agreement. A transfer agreement was prepared in order to transfer a stated interest rate percentage under the terms of the Interest Rate Exchange Agreement for Roseville, Palo Alto and the Silicon Valley Power to cover both Ukiah and Healdsburg's 3.7 percent share. The potential market maker would ensure, under the terms of the Interest ~ Exchange Agreement, that Palo Alto, Roseville, and the Silicon Valley Powe~ii~with.~i~"exception of Ukiah, make the debt payments. Ukiah would continue~i~o makei~~ts based on the existing debt requirement, which is not subject to cha~?:' ':~:~iiiili~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ ............. The Transfer Agreement and/or interest rate swap :~y incorp...;~ie ramifications, subject to be reviewed by the City A'"~n. ey...::?:i::i? A general discussion followed regarding the c;~~!!i~..e.., reached by the various participants and the Transfer Agreement transfe.r..:~i~i::!i~i~iiiii~9.d obligations under the Interest Rate Exchange Agreement. It was noted a{ii~e N~i!i~fl~g, Ukiah could have either supported or opposed the debt swap b..u...t.~iil...t:..h"eii~City el(~:~iii~ili~o participate. As a participant, Ukiah would have incurred po..t'"~i!~iiii~hsequen~!iii~0uld the associated variable market rate change adversely..!it.'ii~:~:':~~ ~iii~..a..ff, .!:~::?:Percent participation is required to participate in the interest .~ swap?'"::~i~iii~iiiiiii!ii!i!!iiiiiii!iii It was noted there is reasonable::~rance~.i~'e City q~iilUkiah is not at risk. It was further noted many times the larger Ni~"mem~::rs makei?~0mpromises which are against the interest of their consumers. ~::iiiiiiiii? .:~iiiiii?iiii: MIS As...b.;~B.aldwin~ii?~i~.ing th~iii!~~::?:~'o execute an Interest Rate Exchange Transf~iii~~nt ~i~iiii~!~iii~..t..o, Ro'~:~':~ille and Silicon Valley Power relative to the Hydroele~{~ii~j~..C.t ope~ i~i~..e. Northern California Power Agency, carried by the following roll '~i!iii~iiii~¥ES:"::~~i!~mbers Libby, Baldwin, and Mayor Mastin. NOES: None. AaSEN~iiii~~itmeml~:~i~ith. ABSTAIN: None. Sd...~ili~oroval of L~ ~:'Ascot Aviation for 138 Square Feet of Office Space at .::~?~iiii!i?tl~ Ukiah Reai!~!~jlii~Airport A:~i!~tant Manager..~j~ad reported staff recommends City Council approve the Ascot ~~on Lease for..::~ti~8 square feet of office space at the Ukiah Regional Airport and ~?:.ize City M..a.~::~er to execute agreements. He stated staff has worked with Ascot ~~ii[~.S.'.~tives and negotiated lease terms and conditions which are included by ~~~ii~ii~genda Summary Report, Item 8d. He noted Ascot Aviation is a Reading ba'~::iiii~:~:~harter company who is prepared to commence a six-month trial period of scheduled passenger light service beginning in the month of April. The proposed lease site is an existing office located in the Flight Service Station. Because Ascot Aviation's limited operations are classified by the Federal Aviation Administration (FAA) as a Federal Aviation Regulation (FAR), Part 135 "Air Taxi," and not a "scheduled air charter," its April 5, 2000 Page 17 of 24 terminal space and security needs are greatly reduced. Once Ascot Aviation is in operation, the Airport may be eligible to apply for FAA funds for the development of a new terminal facility, which could then house a permanent operations center for passenger, pilot, and other Airport services. He commented on the type of aircraft Ascot would use, monthly rental cost per square foot, and Ascot Aviation's proposed flight schedule, which are specifically outlined in the Agenda Summary Report, Item 8d. He noted the proposed commuter air service, depending upon the number of enplanements, would open up potential grant funding in the future. If 2,500 enplanements are logged within the first year, then the City would be eligible for money because it becomes a commuter a.!:[port or non- hub commuter airport. If 10,000 enplanements are recorded, the~. the Ci:.t~ii~ecomes an "entitlement destination" for funding, relevant to terminals and othe~i~p., o~::ii¢~i:ated matters. MIS LibbylAshiku approving Lease with ASCOT A~i~n for':~!~i~ii!~[;e feet of offi~ space at the Ukiah Regional Airport and authol~g the C...~::~!i~~.r:..~..to exe~ agreements, carried by the following roll call vote: A~$: Coun..:~i~'em~iii~i~.~::.B.al~:in, Ashiku, and Mayor aastin. NOES: None. ABSE~i::iC. ou..~i:~j:'member Mr. Flad received an appreciation award by City C~i~iiiii~ii~ recognizing him for his outstanding accomplishments as Assistant City ~'nage~;?i?~iiiiiiiiiiiiiiiiii!i!iiiiiiiiiiiiii~iiii~:i~ Se. I. Uodate the City Council..:iiiiiii~i;~i~!iii~ior .~nsDortation Corridor E~hancement Project .:~::iii? ..... .::~ililil~ ...... ii. Acmrove_ _ Proposed_ P~i no.................. _ Lo{~i~'; C''... :...:. L~~iii~'l a n, iii. Adopt Resolution G~ina B.l~ket Au~rity to City Manager to Executc Right-of-Way Other,.?:~oject Documents Assistant City Manger Flad ~ented :~ii~pd.~tei~::the aforementioned items and noted staff reco~nds City C~ii!~pprove i~ii~j~:i' He stated in August 18, 1999, the City Counci:!~ii~i~i~~ staffi!i~!ili~i~,..for TE~iiiii~i'ng for the Major Transportation Corridor Enhanc~~!!i!i~ject. "::~i~!!!~Ct involves a variety of landscap,e, ~,nd street scape improvem&~ii~iiii~tate str~iii~iii~e area surrounding Parking Lot C located directly behind the Li iiiiiiiii . Age:~ii~:mary Report specifically outlines the background incorporat[~iiii~iii!~!ii~ction~?~ii~:ken on the subject matter, discussion incorporating meeting~ii~i'ih the EJ:~!~!?~yelopment Agency, Tom Greenaway and Michael Toms of New...D...'j~'ensions Radi'~iii~i~lly staff's Recommendation and Conclusion relative to the thr...~i?items. He st~iiii{~e Regional Transportation Planning Agency (RTPA)for ~ocino County, th~iiMendocino Council of Governments (MCOG) had the responsibility ~iiii~bntifying and s..e.."!~:Cting local projects for funding through the TEA program. MCOG ~iii~ii~tal of $1,.~ii~)00 available for the programming over the six-year TEA-21 period. ~~ii!~i~!i~' two separate competitive funding cycles, consisting of approximately $~~iii~::'to distribute the funding. The minimum project size was $100,000 and staff not'~:~:~:i:~ there was technically no "cap" on project size, the realistic maximum project for the City of Ukiah was between $2000,000 and $300,000 per funding cycle. After an initial analysis of projects that were eligible for funding under the program and identified as a priority need in Ukiah, staff developed an initial list of potential projects. Staff presented City Council with information relative to the submitting of applications to the April 5, 2000 Page 18 of 24 MCOG for a 1999 TEA grant, which was due no later than September 1, 1999. In August 1999, the City Council did consider and discuss the application process and directed staff to proceed with the application process. He noted the application process incorporated a series of phases to include eligibility, eligibility costs, and the application screening process, application time line, and other relative grant requirements. The City Council did select the Major Transportation Corridor Enhancement Project from a menu of opportunities. In December 1999, the City was notified by MCOG the above-referenced project had been funded in the sum of $221,000. In February 2000, the Executive Director Phil Dow of MCOG contacted staff and advised that perhaps additional f .un. ding would become available which allow the City to double the size and/or Scope o..~i~b proposed project. Staff formulated additional components which could b~ii?~dd.~iii!~'"~ the original project and has recently received preliminary authori~tion fro:~iii~iiii~C. The project scope is currently in terms of funding, $503,000 inco~g a ~i~ii!~a..tch. He stat .e~.... in a relative short amount of time the project has basi~"doubledii~ii~~i!i~ the im .p.:..~ on the proposed corridor would also double. He re,'ed the ~' is hearings and it is anticipated by June 2000, the Cil~i~uld.::~?notified incurring expenses and/or costs, which would be ~i~~d. He noted,"::~!i!~i~.~-~i~pinion, the City is approximately 80 percent through the pr~i~i~~ss. city Manager Horsley stated any engineering':~ili~)sts "::i~~ii!~y staff would not be reimbursed because the work would be accomp!ii~, befor~:~ii~ii~arrives to complete reimbursable costs. She noted there is a ma~i~ i~centag(~ii~~ has been reduced, because the City utilized the LAPSED- .T....~i~~'~::~i!~G fu.n..di:~'g. She noted although obtainment for LAPSED-T funding is:~i~re ad~'{~~ili~i::"City would not be able to utilize its engineering services in lie~? ..::?: ....... :~!!iiiii!!i!iiiii?' Mr. Flad regarding the Park.['~i?~;3t "C.'~iii~roject,::~scribed the views and proposed elevations as outlined in the p....~ a~tac~.to th,ei::~:enda Summary Report for this item. He noted t~...primary ele..::~.i~ the p~ii~?ii~' perhaps the most significantly unique. He reite~?~i~, the wet..'"~iii~!~ent en(:J~~:i'ng the fountain design wherein there is a meand&~iii~m hea~i~ii~~ard. H~'"'~tated the grant will only fund activities on the perimete~:~ii~iiii~.r....king 'i'~ii!~i!i!~ii:.s...ubmitted originally, the City would place trees and irrigation sys:~iii~ii~hi.s are~!!iii~iiiiiiiiiiiiii?~iiiiii!iiiiiiii? , ,, Mr. Mic~'"~iii::~:~'~'~:'~~~ a bri'~f overview of the Parking Lot C project and presented a hist~)n the proje~i ~i~ion signifying the public demand to aesthetically enhance co~nities and mai~i~iiii~nsistent preservation/balance of the eco-system challenge e~!:'community and/~ii~orld faces. Application of the Russian River watershed concepts ~ibuted to this p~iect. He stated the augmentation in the park would cost between ~~0 and $8,0~iii~herein it is his intentions along with an anonymous contributor to M~?i~i!:'~:~:~mmended Mr. Toms for coming forward with the park project incorporating greenery wherein the entire idea lead to a grant funding. She noted the park concept was difficult to introduce to MCOG encompassing the idea of aesthetic beauty as well as the type of effect this kind of project would have on the community. It is anticipated that private property owners would take notice and be encouraged to utilize this concept on their land. April 5, 2000 Page 19 of 24 Mr. Flad acknowledged Nancy Roca, who is affiliated with the Shade Brigade, and others for their efforts and involvement in making the Downtown and State Street corridors aesthetically appealing to the public. He noted along with the Shade Brigade tree efforts, the grant and state funds have attributed to the potential beautification of Ukiah. Lastly, he noted it is staff's recommendation for City Council to approve what the State of California calls a blank resolution granting blanket authority to the City Manager to execute right-of-way certificates and other project documents. These types of ordinances are recommended as part of the streamline procedure provided by Caltrans whi...ch allows for a quick turn-around approval and passage of various documents rele~{:' to various programs incorporating such grant funding as LAPSED-T. .~iiiii!i!!ii::~ ........ ?:?~ ...... Councilrnember Baldwin stated he did not review...:~ii~!i::iProp~ii~i~plans for State Mr, Flad replied in the initial grant application which i~::pr..o..:~d to 1999, there were some preliminary design plans ~~ili~.taff has since ~'~i~ted the formal design plan. "::~!iiiiiiiiiii!ii?~iiiiiiiiiiiiiiii::~~ .... It was noted the plan includes approximately 200 ~idu0:~~~...en trees to be added to the already existing State Street trees for a g~a~it..O..tal of a'~~i~tely 300 trees. The project would include recycle and trash bi.~ii~ii~ii!ii~.S....bench~!~i~:"the public to sit. Councilmember aaldwin inquired ~iher t~i?C~~iii~'n be assured this project does not preclude or create difficu!t..~!ii~ith th.e..'~ii~0ssibi~i~ii~ili:~istalling future underground utilities on State Street ..... ~::iiiii?!" .:??' Staff noted them should beno..!ii~blems:~.".O, ciate, dli~:i'th future placement of underground utilities, t.h...O....ugh there .~::..i~ tree ~iii~i~:Pment problems associated with the sidewal~ii~j~..State .S~iiiii~..gener~ii~i~:~ion followed regarding tree root systems and w~i~i!ii~.."~.e.., gro~iii~i~i::be stifle~"'by later placement of the underground utility impacts. '~!~iii!~?oul~::i!~?~iii~....e researched in order to determine what part of the street underg:~6~ii~i~ti, ties W~i~!ii~i!iiScated. , Counci!~~'i~'"~~iii~i~oth(~; city jurisdictions are envious of Ukiah s ability to obtain such ..f.:~i~ing as refer~!~ii!~/e because none of the other jurisdictions had this type of pro...j.'.~ wherein they iaiii ' ply for LAPSED-T funds. ..::::::::::::::::: .:i:i:i:i:: ~iii~[ief discussion foti~wed regarding standard procedure for street tree planting. ::::::::::::::::::::::::::::::::::::::::: ...... ~i::::::iiii~ .... ~~i!i!ilR..o.....C..~iii!i~::"attention tod published article in the San Francisco Chronicle, ~~~~i~~::'' Environment section advocating the necessity for increased urban gr~~ii~'~or tree planting to assist in the battle against pollution and heat rising from cities which appears to be changing regional weather patterns. She further addressed the problem relative to implementation of root barriers, which are ineffective and constrict tree growth and cause trees to fall, creating potential public hazards. She recommended providing adequate street tree placement space in order to avoid future problems in April 5, 2000 Page 20 of 24 conjunction with appropriate tree placement planning incorporating the many reference sources available for such projects. Staff noted tree consultants would be hired to accommodate the appropriate tree species selection as well as to assist in the tree placement procedure. The City plan is to plant in a series beginning with deciduous trees followed by evergreen trees and continue in this pattern. MIS Baldwin/Libby approving Parking Lot "C" Layout Plan, carried by the ...f.:ollowing roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku and Mayor ~n. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. Councilmernber Baldwin supported the Resolution :~ii~!i!~ pro~'i~iii~{ii~' planting pl~ be based upon the assumption State Street utilities ~i~ld be the tree planting project takes this matter into con~i~eration..:~ii? MIS Baldwin/Ashiku adopting Resolution No. 200~!ii~ting blanket a:~~tion to the City Manager to execute Right-of-Way Certifi'~i~iiiii~d:..other project documents, carried by the following roll call vote: AYES: Counci.[~:~::~ii~i~y, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Council~mber"~§~!~iiii~TAiN: 8f. Approval of Letters of Opposifi~::!~:~) Fea~i! ~raen~ Manaaement Aaencv Public Assistance Insuranceiii~:~Ol3OS.~i:?' .... ~::iiiii ii ii i iiiiii~iiiiiiii::i? - - - - City Manager Horsley recommend.S'iiii~oun;:il?:~!~prove~ii~~:~:ation of letters of opposition to Federal Emergency aanage~ii~gencyiii~'ublic AsSiStance Insurance Proposal. It was noted that (FNMA) has recent!~i.i~blish~iii~n Adv.a...~ Notice of Proposed Rule Making, which would have a signifi~n~?!~pact, e~i..a...!:!y?:~ii~alifornia govemmental agencies with regard to ~ntial earth:q~ii!~isaster~ii!iii~i?~"insurance rules as proposed by FEMA is a m .e...~ii~iii[educi~ii~~ii::::~sts/(~~ili:Ures regarding disaster funds wherein the target is":~!i~!~ned '6~!!~i~iii::i~:FEMA would require every public building be insured for all haza~a~iiii~e..a dis~iiiiiiiiii~.uld an agency insure a particular building and the building is d~~~?~r da~~iiii~:"a hazard that has not been included under that particular !.:~~ii~ii~iiiii~en ~'A would not provide any public assistance funds for the buildi~'~S repair"::§~~i~.p.::~lacement. Essentially, if an entity and/or agency chooses wrongiiii~ what it con~i~ii~ili!~:0tential disaster for insurance purposes, then the agency wo.UI.~"receive no assi~t-"ah~i~. :.:.:.:.:,:,:.. .,...:..... ':::::::::::::::' .;.:.:.:.:.:.:.:.: ......,... :::::::::::::::;:::~ ~i.::paige, Gener~!!i~anager for Mendocino Emergency Services Authority (MESA) ~i~ttention t.o..:~ili~ocument from the Governor's Office of · ~~::~ ....... .O.E .... ~::!::~:'' " Emergency Service ~...,_,.,/ ~~iii~.~;~i~mmen[s on ~ne proposed FEMA insurance rule. He advocated that staff ~?~i~iii~ii~'thority to write letters to ORS and FEMA, as well as to participate in a letter beir~:~:~:{'"from Redwood Empire Municipal Insurance Fund (REMIF) in opposition to this new FNMA proposal. The rules, if adopted, could result in the California taxpayers being without assistance to rebuild should there be a major disaster. He noted California is concerned about the aforementioned proposed FNMA rules, since California is subject to earthquake threats. ORS notes many insurance provisions including flood and/or similar April 5, 2000 Page 21 of 24 disasters are commonly available, but earthquake insurance has many confusing options and associated high costs that many agencies and/or organizations cannot afford such insurance coverage. He noted (REMIF) has informed its pooled cities that if such cities were able to purchase increased coverage for earthquake insurance, it would cost a minimum additional premium of 60% over what is currently being paid, and this would only cover about half of the asset values. Insurance brokers question whether REMIF could receive sufficient coverage for such a small Joint Partnership Agreement (JPA) and if such JPA's could purchase this coverage, when the cost would greatly exceed the proposed dollar limits under the FEMA rules. He indicated if the City were required to go with the coverage levels recommend by FEMA, each citizen would be taxed fo~:?:~ additional coverage over and above what is currently paid and he urged t~i~.ne..c..~'ity for writing protest letters in accordance with the proposed FEMA.D..ew M/S Baldwin/Ashiku approving preparation of letter.s.:'iii~ii~Ppositi~iii~iii~~Emerge~' Management Agency Public Assistance ,call vote: AYES: Councilmembers Libby, aaldwi~iiiii~§....h..i.k...~?~'nd Uayo~:~i~~iiiii!iiii~SES: None. ABSENT: Council member Smith. ABSTAi~iiii~.. .:.:.:.:.:.-.. -.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.;.........:,:... g_. Set Date and Time for I. on~j Term (~oals'~nd Pr"'~~i!~...rkshoF City Manager Horsey reported the workshop..~i~ii!'..n...corpora~iii~~imately four hours. She further reported the workshop is part O[ii~i!~~i~plan c0~'ation and staff would participate in the developmental conce~?'¥~r I~i~~i::i~ity..:.::.~ls. It was the consertsus of the Coun ..'e'-'~!ii~n A !ii~300, at 4:30 p.m. to conduct a Long Term Goals and Projec~ili~rksh~? h. Uraency Item :~ii?:iii? ::::::::::::::::::::: ....... ~:~:~:~:~ .... City Att~ey Rappo~:i!~e~ii?attenti~iii:ii~'ii~ii~i~osed letter directed to the Board of Directo[.s.":!iiiiii~hdocino::iiiii~~iRussia:~iiiii~i~i~:'Flood Control and Water Conservation Improv~~i~i~Lct (W~ilDi~)in response to an action taken by them on March 27, 2000 reg,~::~iiiiiiiii~.'.e..:...Sonc~:~i~...t..y Water Agency Contract. He stated the Sonoma County Wate~::~i ii(.:.S. CW~ili!i~i ~Ai~ District had an agreement which was negotiated and appro..v._~iiii~""'~iii~!ii!~encie~::iiii~Proximately seven years ago wherein currently the Water ~i~:~ does""~!iii!~i~ii:.t..9 extend the SCWA contract. He further noted the original Con~..r:...~t' negotiation~iiiii~ ii!~stly and there were associated environmental studies req.~d to be complet~'::~:~r to approval by the State Board. Presently, SCWA intends to.:..:ii~hdraw its petitio~iii~ the State Water Board seeking approval of a one year contract .sion. In order ~i~' the proposed agreement to become effective, approval is subject iiiii~:..discretioni~i~i?the State Water Resources Control Board, which allows Sonoma ~~ii~::i::..u...S....e..ii~i~::Permit water in Mendocino County, where there would be approval of ~iii~~ii'i~ii~::'~se of the water. Approval of this change in use is obtained by a petition filed::~:B~:~:~S~'~noma County with the State Water Resources Board. A one year extension would have given SCWA more time to process its petition to the State Board as well as given the Water District and other local water users more time to consider the effect of any changes in water availability that may result from proceedings pending before the Federal Energy Regulatory Commission (FERC) and the Endangered Species consultations April 5, 2000 Page 22 of 24 currently taking place on the Russian River. Under the terms of the agreement, Sonoma County would sell up to 13,000 acre feet of surplus water, as needed, to the Water District should the demand for water within the Water District exceed the 8,000 acre foot entitlement under the Water District water permit and/or any other water rights that users have within the Water District. The City has an interest since it is a water user. The action taken during this meeting by the Water District would affect every water user within the Water District to include the County of Mendocino, City of Ukiah, Millview Water District, Calpella Water District and the Willow Water District. He further stated the City has its own year-around permit to appropriate water from the Russian River and he re..:.p._orted there are times during the year when there may not be any water in the River o~:'than water stored in Lake Mendocino and released for this purpose, accordin~i~::. T.b~iiii~ity questions ~he,,rati,,on,,.ale.for !he Wit.er Distr!ct refusing to extend t..~ SCW.....:..~ii~.t.;~'Ct' as requested Dy [ne 5L;WA, wnen such an extension would not di.s..'~.~ntag:~i!~i!!~.t:er District. T .1~.... City's supports the belief that the contract and/or ag~:ment sh~ii~iii~?i~.n..ded for year, because it is not possible to determine available for purchase under the SCWA Contract. iii!iiiiiii!~ii~ Mr. Rapport questioned the rationale for the Water::~i~iii~fusing to extend the SCWA Contract, as requested by SCWA, when such an..e~~iii~!d not disadvantage the Water District. He supported the belief that th(~:~iii~0ntra~ii!~~i!....a..greement should be extended for one year, because it is not possib.!.e..:i::~iii~e..:termine::~i~iWhen surplus water would be available for purchase under .:t.~iiii~~!i::i~Contra~ii!iiiiiiii~ recommended the approval of the aforementioned letter d.i:~ii~:~:~::{~ii~~iiDjstri~!?:~:"'n City letterhead. MIS Ashikulaaldwin approving theii~ayor t.O.:iii~ecUi:~ii~iii~r to the Board of Directors, Mendocino County Russian Riv..e~iii~i'ood C~'trol andii~ater Conservation Improvement District, carried by the followi:~iiii~i'i call:~i~'te: AY~i!: Councilmembers Libby, Baldwin, Ashiku, and Mayor Martin,. N~S: No~i ABSEnt: Councilmember Smith. ABSTAIN: Counciln~!~~ii!~bby r(~~i!!~ii!i~rrespondence from MCOG regarding the issue of formulating ,~?=!i~~i?~ide "~~ation Expenditure Plan urging the necessity for incorporati..n..gili~ii!i~J~~!iii~mmi'{~::'to be represented by the various jurisdictions. She noted the.':'iiii~:~reme~~ii~ue I~as been placed on hold since there is some question whet~~::ihe Govern~i~j~iiii~uthorize SCA3 funding due to an existing surplus. She furt~?noted the MCO~iii~i~vs were reviewed and appropriate changes were made to the d~ent. ..... .:! : ::iiii~i!~:: ::::::::::::::::::::::::: ...... ..::::::::::.' ~cilrnernbe¢:.::~:i'dwin stated he recently attended the Russian River Watershed i~i~i~~.!ili?:~...e....e..~?wherein he reported on various issues discussed to include the 8th ~~iiiii~J~' River Clean-Up Day, finalization of the cost sharing agreement with the .St,~?:i~!i~:i'ifornia relative to the Memorandum of Understanding, Russian River watershed ~ssues, and the proposed utilization of live plants for river and tributary creek bank protection. Councilmember Ashiku reported on his attendance at a FAA sponsored flight safety April 5, 2000 Page 23 of 24 programs. Mayor Martin reported on Senator Peace's recent meeting with rural areas regarding his tax plan, which would virtually eliminate sales tax out of land use planning in order to return money to cities. He elaborated specifically on the proposed tax plan's issues and the various reasons why cities should support this plan. He also reported briefly on the Hate Crimes Bias Incident Task Forces meeting he recently attended. 10. CITY MANAGER/CITY CLERK REPORTS/DIRECTOR R~:OR~ ...... City Manager Horsey reported there will be anoth~iHome:~iiii!i~lter meeting on Monday, April 10, 2000. She also reported she m.e..'~iiii~h ukj:~i!ii~!~iiWaste to beg.~ discussions/negotiations on the single stream re~i:ing tote.r....~iiiii~i!i!i~iiiii~t when .T, ran_sfer S. tati..o.n.!s operational. She commented ~t a law.s.....~!iii~as ~ne/ranster ~tat~on. iiiiiiiiiiiiiiiii!::~ ........ ?:iii? ........ ~?:iiiiiii!iiiiiiiiiiiiiiii!i!iiii!iiiiiiiiiiiii? 11. CLOSED SESSION ':~::!ii!i!iiiiiiiiiiiiiiiiiiiiiiiii?:~:' There being no further business, the meet!~iii~ii~j~rned ~iii~i~?~3 p.m. Catherine L. Elawadly, Recordin~iii~creta~?? ;:iiiii!ii? ::iii:: ..:.:.:.:.:.:. ..... ..::i:i:!:!:!:i:: :::::::::: ..:::::::::::::::: .:::::::::- .... April 5, 2000 Page 24 of 24 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 19, 2000 5b The Ukiah City Council met at a Regular Meeting on April 19, 2000, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, and Vice-Mayor Ashiku. Councilmember absent: Mayor Mastin. Staff present: Public Utilities Dirp....~or Barnes, Finance Director Elton, Risk Manager/Budget Officer Harris, City M .a...~ager..~ley, Acting City Attorney Johnson, Associate Planner Lohse, Deputy Public.:~~ii~:~'rector Seanor, Senior Planner Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. ..::~i~::i? .... 3a. Workers Memorial Dav: April 28. 2000 Vice-Mayor Ashiku read th~ P~oclamation de~i~:~a~¥~iiiii~iiiii.....2..8, 2000 as Workers Memorial Day in the City of Ukiah. An unidentifi.e...d, woma~?~~~:~::the Proclamation. 3b. Municioal Clerks Week: AI3ril.:~iii['~rou~i!!~ii~i!i20~~' Vice-Mayor A-shiku read the Proclamation d~i~lna{~!~i~i~="30 through May 6, 2000 as Municipal Clerks Week. City Cl.0~!ii01vila ~..t.~nked ~:~:~i/ for the recognition. Vice-M~!!i~hiku ~i~!i~at so~iiii~...:...:.~iii~¥~ute changes to the minutes have been submitt~i~i~ith C0'~!~iii~..n. sensu~';""directed staff to carry the minutes over to the next mee'{i~ii~ii!~ii~ Co~iiii!~:...~ate time for review. appeal process. 6. ~:=~:NSENT CALEND:-. "~?' M~i!il.'..SmithlLibby appi~vi~g items a through i of the Consent Calendar as follows: ~!!!!!!ii~proved Disbur::~ments ...... for Month of March 2000;' ~iiiiiiiiii~jected Clai:~!ii:~or Damages Received from Carol Lynn Blackburn and Fermer$ iiiiiliiiiiiiiiii~~ce:~:~~D, and Referred to the Joint Powers-Authority, Redwood Empire '~i!iiiiiiiii~~iii~'urance Fund; c. "=:'~~~'"Bid for Personal Protective Gear to All Star Equipment Inc. in the Amount of $10,569.48; d. Received Report of the Acquisition of Total Station Surveying Instrument; e. Awarded Bid for the Replacement of the Metal Liner within the Penstock at the Lake Mendocino Hydro Project to Pacific Mechanical Corporation in an Amount Not to April 19, 2OOO Page 1 of 13 Exceed $58,000.00; f. Approved Budget Amendment for Institute of Museum and Library Services General Operating Support Grant (IG-90792-99); g. Received Notification to the City Council Regarding the Purchase of a 24 Inch Flowmeter From Seltek for the Sum of $7,713.85; h. Adopted Resolution No. 2000-3,5 Authorizing Submittal, Execution, and Acceptance of Federal Emergency Shelter Grant - 2000; i. Adopted Resolution No. 2000-36 Summarily Vacating Public Utility Easements Under Chapter 4, Part 3, Division 9 of the Streets and Highways Code· ..::.:.:~::i?:~::. ..::~:i:i~:~:.:::" .,:,:.:.:.:.:.:.. The Motion carried by the following roll call vote: AYES: Counci...[.~.~ Smith, Libby, Baldwin, and Vice-Mayor Ashiku. NOES: None· AB..::~T: M~iii~tin. ABSTAIN: 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS ..::~::~::::~ ......... No on came forward to address Council '?:i~?:{::?:?:?:i::?:i~i::i::i~i~i~ii~i~i~?:i~?:" ......... ::::::::::::::::::::::: =============================================== ' "':~:::::::::::':'" ' -.:.:.:,:,;,:,:,:.:,:,:,:,:,:,:,:,:,:,:,:,:,:,:,, 9a. Adoption of Ordinance Rezoning Portio.~::~f ~~r:..:..Parcel Numbers 003- · .......,,...,.,.,..,,.,,...,,,,;,;.;,;,;,o,.,.,,.. City Manager Horsley advised that the ~i~ii~.i.-"~i~ii::..b..efore C~'.~l?"rather than on the Consent Calendar, due to the fact that a ~~i~~ii~as ab~:i at last meeting when Senior Planner Stump reported...iii.:.t.~i on A~i" 5, 20~i~:~:~:~ City Council considered the rezoning of two parcels from C-~!i~vy C.~nercial):~'the C-N (Community Commercial) Zoning District in conjunction ~!ii~ proje~!ii~ deve!.~!::~n assisted living facility on portions of property located on Soathii~ra. By...~i!!~!!~te::~..e.f!~i3, Council introduced the Ordinance. M/S Li~~..h. Ad(J~{i~ii~i. nance:::~::~"028, Amending the Official Zoning Map for the City"~iii~~ii!ii~alifo~:~!iii!~~j..ng- ~" the affected lands from the C-2 Zoning District to the C-N Z0'"~ii!i~i~:j...c. t,~ '"~':~ ~¢ca~i~ii~i~iiii~ following roll call vote: AYES: Councilmembers Smith, Libby,...::~i~i~!iii!i~D.d Vi(~~'r Ashiku. NOES: None. ABSENT: Mayor Mastin. 10:.~i?:' Adoption of R~i:~ion__ _ Removing On-Street Metered Parking and Establishing j~iiii!iiiii!iiil a No-Parkino~ii~0ne Alon(I Seminary Avenue ~~::.t.y Public ~~'S Director-Seanor re-ported that this item came before the Traffic ~~::~:~.~:~."~:~ at the request of Fire Marshal Evans to remove two parking spaces ~!i~~i!~nue, located on the south side of the center curb island. By removing two p~~ili~~'$, it will allow emergency vehicles to drive around the vehicles waiting at the intersection of Seminary Avenue and State Street. At their March 14, 2000 meeting, the Traffic Engineering Committee recommended to the City Council that the removal of two parking spaces be permanent. April 19, 2000 Page 2 of 13 He reported speaking with the manager of Master Cleaners regarding the removal of parking spaces and the manager had no problem with their removal. Staff also distributed copies of the Agenda Report to the businesses located on Seminary Avenue, on the block between School and State Street, and no comments were received. MIS Baldwin/Smith Adopting Resolution No. 2000-37, removing two on-street metered parking spaces and establishing a No-Parking Zone along Seminary Avenue, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT: Mayor Mastin. ABSTAIN' None. ..;.'... ::~i!i~i~!~:....-::::~::~ NEW BUSINESS ::iiiii::iii::':iiiii::ii~:: ...... 10b. Aooroval of Agreement with Ukiah Valley Fi.~ii!Distri~iii~i~i~Dan Grebil. and A~{horization for City Manager to Sxecu{e:~!~:ract I~~~i::i~.::::~ City Manager Horsley advised that Fire Chief R~~' Sande[.i~?:!i~ "~iiii~~.n effective retirement date in June 2000. In the ~ntime.,:?:i~ City "~iii~~:" an agreement with the Ukiah Valley Fire District for t~ili~i~ of Chief Grebil has been providing mutual aid services to th~ii~!~i:i~i:::~arious types ot"'a'~'ties. The proposal has the support of Fire Chief Roe Sandelin.~::..:~ii~ has been reviewed and approved by the City Attorney. She drew att~{~on'":~?:~iiiii~!iiii~...t.:[ucture of duties and operations, and how this will work until the City...:.~i.des wl~!~!~!~.Xt, step will be for the =============================================== Fire Department ....... ~i!i::i!?~!i!i~i!~ii~i~ii~i~i~ii~ii~i~ili::::~ .... "?::=iiiiiiiiiiiii~iii~iiii i?? ..::i:~:~:i:i:i:i:i:i:i:i:i:~:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i::., =============================================================================== ...,.v.,...vo .... . v.v.v.-..,., v.v...., v,...,..v... ,.; -.. MIS Smith/Baldwin Approving Agree~:~0r A~i~~~i~i're Services between the Ukiah Valley Fire District and the .~i~:~, of U.~'h ~:~ii~ii~~'izing the City Manager to execute contract document, :~:...~iiiii?' ..::iiii?:" ii!iii! Councilmember Libby req~i~d theii!i!i~otion ~?read for the consideration of the a u d i e n ce. .-::~::=.:.:.:.:.:..'~:~:~:~:~:~:"' .~ .................... ~::" aotio, ca;~ii!?~"/~ii!~ foli"~~!iii~ii~?:~::~.ca~l vote: AYES: Councilrnembe~s Smith, Libby, Baldwin, an.d..:~.~ili!~-....o..:["~ Asfi~!!iiii!iii~SES: None. ABSENT: Mayor Mastin. ABSTAIN: ================================================= ..::!~!i!:...'~: ...... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..... ~ ~iii~ii~''~ Aao_~tio. of.~'i~:ion A_~.rovin~ aemorandurn of Under~tandin_~ ^_~reement ~i~ii!ii~iiiiiii?~; Between and..~ona the Ukiah Unified School District. City of Ukiah. County .:iliiiiiiiiiiiiiiiiiiiiiiii~ of Mendoc|~rForr~in¢l the South Ukiah School Partnership Proiect - ~iiiiii~....a....n. ag0..:[~ii?:ie~:~'sley adv~-sed that the matter before Council' con~,erns a draft ~~i~'bndersta.ding (MOU) between the City of Ukiah, County of Menaoci.o, a~aiiii~ii~h Unified School District. The terms of this agreement were discussed in 1998 when Mayor Sheridan Malone and Councilmember Kristi Kelly were on the Ukiah Unified School District Wards Site Committee. There are several letters from the state to the School District advising them that without this agreement, they will not support the Wards site unless it is "park-like". She called attention to draft drawings of the site, noting April 19, 20OO Page 3 of 13 that soccer fields and parking are located on the State Street side. This is because of the Airport Zone which does not allow structures in that area, but is suited for soccer fields and for parking. The City's portion includes the Redevelopment Agency Capital Project funds which are available to the School District through the Redevelopment Agency Agreement, with no additional funds assigned. The City would help administer recreation programs at the Recreation Center and soccer fields. She noted that the State will not fund the School District without this agreement. Councilmember Libby was of the understanding that the State will not...~:!p fund the School District unless they have a community link to the new scho..:OI site,~iii?:" City Manager Horsley explained that the School Distri..c..~i~!t thatli~i~ership between the City, County, and the community is very important,:?~:~{he fu~;~i~i~::~::..a., re to recei.~ is an integral part. The City's stance the entire ti~6 has b~?:{~iii~iiii~.as to..~i~:a community link because of our involvement in the programs would only be held during the weekend~ii~h.d..~:::~6:~ school ho~-{iiiiiiiiili~ii![~' way, there should not be a conflict with classes and the'~!!~~iiiiii~?trict security. ............................... Councilmember Baldwin expressed concern w[~ii::~the'::~~§~i:o.n Center being under- utilized if adults cannot use it at all hours. ............ · ...,..,,,.....,....... ======================================================= =================================== ..:,:.:.:.:,:.:.:.:,:.:.:.:.:.:.:.:.:,:,:.:.:.:,. · ...:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. -,:.:.:.:.:.:.:.:.:o:.:.:.:.:.:.:.:,:.:.:.. =================================================== ================================= · .......,-....,·,...,-,-....,-,,...,,-............,-,.,.. ..:,;,:.:.:.:,:.:.:.:,:,:.:.. City Manager Horsley explained that th....~,ii~i~.~'....~!d be a'~!~':~o use the Recreation Center and the thought was that most a...d.~i~:~ wo .u.'i~?~iii~..a....d..i.~?Soccer games after work hours and on weekends. She expla.....i~:d tha!:??~ ~""~!:i:~ict's dream is for a 15,000 square feet structure, however, iLis;:!ii~'nknowd?:::~What wi.II~!i~:~ally be built. ===================== .:i!iii!i!::' · .:-:.'..:cc.:.:.:.:.:.' '.' ...... ....,.,.... Councilmember Libby advi~;:°'that ~?'Recrea~n Committee is in the process of .,:.:.:.;.:.:.:.:,:.:.:.:.:. >.. ....,;.:.:.:.:.:.:.:.:.- ·.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~ MIS B~~!th a~~i~ili~:~solut'i:~i~;:i~emorandum of Understanding Agreement between';~i~~ the ~ii~~ School District, City of Ukiah, County of Mendocino forming the·;~ii~:...h. Scl~ii!i~...ship Project, carried by the following roll call vote: AYES: CounC~l~~..s..:..Smitl~[~.ii~i~.~, Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT:.::~~i!~~!ii!!~ST~'i None. ..:,:.:.:.:.- 11..::...~::iiii!ili~lTY COUNCI~i~~:RTS .............. C~ilmember Srnit~i!i?~Srted attending a meeting of the Main Street Board of Directors ril 13, 2000 at ~ich time some of items discussed were relative to the City, which ired in a mee.t.i~:~between City Manager Horsley and principals of the Main Street .....· Th .o..~ii~!~:~es dealt with concern for the street lighting project in the downtown ii~ii~II, ii~iii~i~e Palace Hotel. They also addressed the issue of trying to get a "First N'~ii~~; going in Ukiah. The Main Street Program is meeting to develop it along with festivities for the New Years Eve gala/dance. He reported that the Thursday Night Market resumes its operation on April 25 and he encourage participation in the downtown area at that time. April 19, 2000 Page 4 of 13 Councilmember Libby reported attending a Board Meeting of the Ukiah Chamber of Commerce today. They are going to have a Procurement Seminar on May 10, 2000, and will be asking the City if they will partake in it. They have four, large, major companies that will be presenting it. Their Community of Champions Luncheon date is scheduled for June 2, 20(X). They are looking for some large sponsors for the Fourth of July celebration since they lost one of their major sponsors. She has requested that they look into the possibility of providing a "family ticket". This ticket would cover families with many children thereby making it affordable for families to attend the Fourth of July celebration. The Sun House Guild had a Board meeting today and will have a~..r, ecepti~i~n June 17. A collector who's work will be on display will be in attendance and..ili~e..:¢~i' be a weaving demonstration. Their ground breaking for the new wing::~i~iii~ched~;.~i!~i~ugust 12, 2000. City Manager Horsley noted that she has asked theiii~;eum s~i~ii~!!i~g, re Co..~i?l at their May 3, 2000 meeting and provide a present..~!~n on ..t:;~i~ew .:.:,:.:,:.:,:.:,:.:.:.:,:,:.:.:,:.:,:.:,:.:.. ~.:.:.:.:,:.:.:.:..-.:.:,:.:.:.:,:.:.:,:,:.:.:. Councilmember Libby reported that the Community .~~i~mittee had a meeting and are in the process of developing an Implementati~!!~'n~i~~iii~!~...n, as well as their fund raising strategy. They have reorganized and ...r3..~w hav~!!~iii~~g Committee of 12 individuals. She discussed the composi~.'.[.~iiii~ili~,e stee;~!iii!~mittee and noted organizations that have made a commitm .e...~i.~i~i~.iiii~ii.~.~....a routi~!i~sis are the Boys and Girls Club and PAL. They are no~?:::i~:~'gani~!iii~iiii!~i:[!~!::ii~ breaking up into sub- committees. Their major projects a.r:..~ili~e Wo..~ii~la::~i~i?i~ific..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..... fund raising. · .,.v.v ..,....-., · :':':':':':':':':':':':':':" ............... ~;i:i::...i:i:i:i:!: ..::i:i:i:!" :i:~:i:i:: Councilrnernber Baldwin rep~ his a~ndance...:iii~i~t the meeting of the Mendocino County Inland Water and P~::"Com.~Sion 0~ii~pril 13, 2000. Janet Pauley, the Commission's expert, rep.....:..ort~' testifyii~!ii~...r:.::~:~?hours before for the Public Utilities Commissi.~i?:..:(..~UC), aff:~ii~i~ she r~~ii~endous praise from the Commission's attomey.:i~i~g so ~ii!i~~[ed. H~::::i~~~t it curious that all the parties, regardless of their ~-~ili~ii!~ div~{~ii~:..the Eel River, are asking the PUC to deny P.G.&E.'s request t°"'":~i~iiiiiiii~!iiiip.:.rojecf!:=:=iii~i!!!?~iii!i~....ate Department of Fish and Game wrote a letter challenging t'~i~iiii~i~.! aa~:ii~i?i~!~:~rY Service for reneging on its commitment to its original [...'.l:~~ii::i~i~ii!i~..r.:::.0up ~osal on the diversion from the Eel River. It showed strong ~~rt for e~~i~iii~b...e Inland Water and Power Commission has stood for and a st~..'~' support for ~:!~iiiiii~::'"minimal reduction in diversion called for by the Fishery .:.:,:,:.:. -,:.:,:.:.:.:,:,. Re~ Group. .:.:.:.:.::::' ":~!~ ..:.:.:.:.:.:.;.. :.:.:.:.:. ;c.:.:..'.:.:,:.: .v,.ov ~iii~ommission w...i.!iii!~e considering taking a stand on two State Bills. One is Keely Bill ~i~i~..6 and the..:~':'~:er is the Shearer Dam Removal Bill SB1540. The Keely Bill would ~i~i~ii~ over all P.G.&E. hydro facilities for six years and be able to issue $3.5 I~ii~iii~iiii~:~ to accomplish that task. The Shearer Dam Removal Bill calls for the de~:~:~sioning of various dams and the process for doing that, mostly considering the smaller check dams. He recommended agendizing these bills for the next agenda in order for Council to provide him with direction for voting on the Commission Vice-Mayor Ashiku had nothing to report. April 19, 2000 Page 5 of 13 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that Mayor Mastin, a member on the Hunger Study Committee, provided a letter from the Committee and the Study is available for those wishing to review it. She inquired as to the Councilmembers planning to attend the Redwood Empire Division of the League of California Cities meeting at the Benbow Inn on April 29, 2000. Councilmember Smith expressed interest in attending. PUBLIC HEARINGS (7:00 P.M.) .........~.";.. Sa. A~_ peal of Planning commission Decision to Condifional~i!iA~"':~ve Major Site Development Permit #00-03 and Minor Use P~it Vice-Mayor Ashiku advised that he has a potentia...'ii!~lict of*i;.~~ii!iiii~.ncerning t~ matter and turned the chairmanship of the meetingii~'er to most senior member of the Council. iiiiiiiiii!ii~iii~ ....... :::::::::::::::::::::::::::: ......... ::~:i:!:!:: .... ::i:i:i:i:i:i:i:i:!:i:!:i:i:!:i:i:i:!:!:!::" 7:08 p.m. - Vice-Mayor Ashiku left the meeting. '~=:iiii~i?~ii~ii~i[~i~iii~[iii??~i?~i~ii~ Senior Planner Stump reminded Council that the:~ii~:u~i~i~i~p..eal is on the granting of the Site Development Permit for a dog kenn.e.....l:,.a....n...d RV s{~~iii~..:.d., on property in the C-2 Zoning District. He further noted tha:.t..~i:;~:......~iiii~ two ~!iiii~i~"'wed in this Zoning District. The appropriateness of the us~ii!ii~!i!::::~?~ii~i~;..questii~::~'d, but rather the site planning, lay-out, architecture, and..~:i~ env~~!?:?:i~ts resulting from those i::i~rmit ~ f(~ii~i!i~:"Public Hearing is not on a proposed with the Site Development.., . ~ Use Permit, but rather a Site Derailment .E~'mit. : ====================== .~i:i:i:i::" .:i:i:i:i:' ..::i:i:i:!:'.':i:i:!:i:i:i:i:' ::i:i:i:i:;" ,.i:i:i:i::' ============================ ..:::,'::::::;'..::::::::;- :::::::::::::::::::::: - .;:::;::::::~. .;::::::::.. Associate Planner Lohse e~!~:~'ned t~ii!i!this A~;~I is based on Mr. Roger aastian's filing of a fi.mely Appeal .~:=.t~i?Planni .n...'~iii~~i;6n's decision as well as receipt of an Appeal byiii~.ry and S...~i~rcer. ~ii~"'i~!i~ceived letters from Jo Ann Cortina and Harold ~i~..[a U~~!.~i~re als~ii::i~::~i~:~)position to the project. He noted that staff received"~ii~~?~ii~ sup~ii~iii~ii~....r, oject. A letter was received today from Mr. Thomas Brigham, a'~~iiiii~rese~iiii~?~i?:~om Sager, owner of the property, in which he reiterates t,h~:~i~~~....datio~;:ii~ii~:~ denial of the Appeal. The Planning Commission adhered .t.~Gii~~ii~i~.!eva~i~{'o the Site Development Permit approval. Odors were addre§~' in the d~i!iii~?i~ project by the applicant through the operation of a plan whi~ii~0uld dispense '~i~iii~"animal waste in a proper manner on a daily basis, as well as~i~e use of fencin~ii~'a~ other materials to make sure that the animal waste isn't ~rsed widely on..:~ lot. During the Planning Commission Public Hearing, Planning ~!~..did address .~!!iii~he concerns expressed by the opponents of the project and have ~i~..e...d that ~:~is. In that analysis, staff notes that the building, as it is proposed, ~i~ii!i~~~i~:~reclude adverse levels of animal noise, odor, and flies from occurring a{?:~i~:.~!iiiiii~{~ff also determined that the proposed access and parking at the site would be consistent with City standards. Finally, staff noted that the Planning Commission amended the project and added conditions of approval that fully address potential adverse concerns of excessive lighting in the storage yard, storage yard visibility from the State Street corridor, and the design of the building itself. Based on this analysis, the Planning April 19, 2O00 Page 6 of 13 Department recommends that the City Council deny the Appeal and approve the project as approved by the Planning Commission, which includes findings and recommended conditions that are included in the Staff Report. He advised that the vote of the Planning Commission was 4-0, due to one member of the Commission being absent. PUBLIC HEARING OPENED: 7:09 p.m. Tom Segar, P. O. Box 8515, Ukiah, 12125 Boonville Road, Boonville, current owner of the property, referred to the letter from his attorney, Thomas Bigham, regardi .n.:.9~::.the project. If the property owners adjacent to the parcel were concerned a~ut flie..~iii~'d trash, he suggested that they clean the slope behind his property. He sugg~".~.e..:..d..,~:t the kennel is a much better use of the site than other uses that ar.~iiii~rmitt~iiii~~i:.heavy industrial usage. The kennel will be less noisy and less distu..~::"{o the ~~0d. Terri Vagt, 825 Mendocino Drive, Ukiah, applican~i!i~dvised.::~::'She':'~i!~ii!~iii~i?:i~et business most of her life. She recapped her invoi~~..t.-ii~i:{h animals ~i~~ that this is her life's work, not just a business. She di~~i::~boarding proce~:~:~' and the care that is taken to keep the dogs as happy as po~!~!i~!!~der to avoid barking. She explained that she operates her kennel in a very.:g!~i~r~::~i~i~'~..e, nt. With regard to the neighbors concerns with barking dogs, she advis....e.:.~ithat sh:~!~iiiii~ii!i~:erything she can to keep them from excessively barking or cons..:..t..a~iii~p, g in th'"~i!~~e yard. She noted that she addressed some of the issues in:~iiii~i~!ilStaff. '::.?i? .... ........ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..;.:.:.:.: Councilrnember Baldwin inquired ..i.~i:ii~:~. Va~:; i;~;; owner are satisfied that the hill to the west of their prope ~i~ suff~C.!~.~tly sta ::::.:..-<::..'-:-::::' .~::.-:::::-' ..:,:.:.:.:.:.:o:.:.:.:,:,. ..:.:.:.:,:.- :.:.:.:.:. :::::::::::::::::::::::::::: .;:::::::::: ;::::::::: Ms. Vagt did not think the hill ::i~ii~i!i~'~obl~i!?:howev~i!ii~!~he explained they plan to install a drainage system. The Ci:.ty..:. h~i?:require...~ii~ii~t...e..:..O..~!~ical report on the property. The soil analysis h..:~iii~:..een com.p.....!~!~wever, ii~iii~::'not received the report. As a long time reside~ii~ili~iiii....Ukiah:~ii~i!!!i!~' noted"~::i!~i~'e hill has been in this condition for many · ,,.,....,.,,....,.,,..o...,........,,,...o..,,.. ...;......°...,.°.;..,,,o..,.o.....,.....,.,.;..o Councilmem~ii~i~.i....n not'~ii~i!ii~'n the site plan drawing to the west of the exercise area ther~::~!~i6~iii~, spa~:~area, and also to the north of the paved parking area, and in..q.. ~d if ther~ii~ii~~:.plans for these areas. M~ii~gt explained th~ '~ no future plans at this time, however, the vacant areas could b~iii~!.~ed for future gr.~h. She advised that Planning Department staff has advised her ~. Noise Ordina...:~ and does not see this as a problem. She explained that she had i; ess on N~" State Street for over four years and did not have any complaints in ~i~ii~ili~~{¥~l area. C0~'~i~"'~mber Libby inquired if the neighbors have had an opportunity to review Ms. Vagrs plan for the project. Ms. Vagt did not think the neighbors have looked at her plans. She noted that the plans April 19, 2000 Page 7 of 13 were available for viewing during the Planning Commission meeting. Leo Corrina, 348 Washington Avenue, property owner to the west of the project, advised that he has no problem with the project. However, he has had problems with his tenants complaining about the potential for noise with the dogs. He installed a patio in the rear portion of his property for a recreation area, rather than the front of the property fronting State Street and people eat in this area. Employees from Goodwill Industries also eat in the rear portion of their building. He expressed concern that wind may blow the smell from the kennels onto the back portion of his and neighboring properties. H.e...~::..questioned whether the amount of people working at the kennel would be ad...equat~ili~iii~re for the dogs. Kevin Slater, representing Lucky Distributors and o~~i~i' Har~¥~i!i~ii~.r.:.b. ara Madd~: expressed their concern with the amount of barkingi~:"well as.::~.t..~::~iiiii~ii~!:y pro~. Lucky Distributors distributes beverages and have t~s and..:~r out of their property throughout the day. They ~~h having pr~~ili~i:{h the Fairgrounds due to the camping facilities and dog~ii~!~i?:.:.t:,,.here. They are'"~'eriencing excessive barking from these dogs due to their truc~iii~!i~..e.,r vehicles arriving at their business. He was of the opinion that with the num~ii~f'~ii~i!iii~:..kennel throughout the day, and the amount of traffic coming into their fa.c...i.!!ty as w:~!iiii!~ili~ii~:::.ennel facility, noise would increase. He felt the smell from the ..k...~i!iii~uld be ~~i~ to their customers .,..,....., .:.:.:.:.:.:,:.:.:,:,:.:,:.:,:,:,:,:.:.:.:.:.:.:.:,. ..... ..::i:i;i:i:~::" ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: -':::::::::: · ..v,...o,. .:.:.:.:,.' '.:..'.:,:.:..'.:.:.:.:.:.:,:.:.:.:-:.:.:.:.:.:.:.:.........;.:.:.:..'.:.' Henry Mercer, owner of property ad'"""~nt to..:~ I~~!?i~i~ed that his building is set back from the property line about ~ feet;..~i!!i~ did r~!~!!i:'i~'e a problem with the general layout of the kennel, however, h~i~esse...d....ii~ncern ~!~h dogs urinating against the fence of the exercise yard. He note~!ii~:~'e is ..o..:~i~ about..::..f::~r feet between where the dogs are barking and were someoq~ ~ii?~e wor~i~iii~:.:.~i~i~i~ilding. He described one of tenants, a specialty~::i~s busine..:..~i!i~D~iiiiexpress'.:~ii~~:h with businesses mixing food products in such.,.~i::!~i~!!i!iE:.r:.0ximi~iii~!i!i~[.e the '~i::i~ll be urinating on the fence. He felt the exercis&~i~ii~:!d be::~~~::.~.n the other side of the property, which would relieve =================================================== =================================================== ...:;?:iiiiii::ii~iiii::i::::!iii::::::::::::::ii?:iii~?:i::ii~ .... "::~::i?:ii?:?:iii':ii::iiii?:i::iiiii~ .... Councilm.~~i~~i?~i~..quir~ii~::'there are windows in the wall along his building that is more::~'~ 15 fee{~i~!~i~iii~:.~..the thickness of the wall. Mr.~iLM. ercer explainedi~i~::i~here are no windows in the wall of the building and it is four i~s thick, with no .~ulation in the wall. ~iiklerman, .4..:~i~ak Park Avenue, Ukiah, described her experiences with Ms. Vagt's ~iii~~iii~~l. Her dog is always clean and Ms. Vagt is a fine kennel owner and is I~i~iii~iii!~iii~:.~:~tment of the dogs. She noted many families in Ukiah own dogs and felt the~:~:~:~:~:~':':"need~s a for this type of business in the community. Tom Sager stated he felt the truck traffic at the adjoining business would far surpass the amount of noise generated by barking dogs at the kennel. April 19, 2000 Page 8 of 13 Terri Vagt explained that she cleans the outside yards twice daily. She discussed the fencing separating her business from Mr. Mercer's building. She further discussed flipping the design plans, but felt the noise would be better contained with the present design. She explained that the dogs will go out to the exercise yard in groups of two or four dogs for about 15 minutes, three times a day. Dogs are not left in the exercise yard when no attendant is at the facility. Her plans for this facility include one kennel person, one grooming persons, and a third person when the kennel is very busy. Councilmember Libby inquired as to how many kennels are anticipated to b.e..?:..u..sed at one time out of the 29 kennels for the facility. Ms. Vagt explained that they should average about 20 ....d..~:S per....'~i~ilhopes to be half full or more most of the time. Councilrneaber Libby noted the large area be~:..n and that the exercise yard is located next to it. Discussion followed concerning relocating the exer~ii~.i.~' as not to be close to Mr. ;~i:~:~:~:~:: .... ::~:i:~:~:~:.::~:~:~:~:~:~-':':.'-:~:~:~:~:~:~:~:i:~::.. Mercer's property '~';:!:i:i~:~:i:i:!:~:i:i:i~'-.::i:i~:~'..::i:i:i:i::,. ::::::::::::::::::::::::::::::::::::::::::::::::::::::: · ..;.:.:;::::::::..... ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. · ..;.:.:.:.:.:.:.:.:.:.:.:.:.:.. -.:.:.:o:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.- ..::::i:'~ii!iiiiiiiii.:~iiiiii!iii!iiiiiiiii::.. ============================================= ..:.:.:.:.:.:.:.:.:.- ................................... i:~:- ": Councilmember Libby inquired if staff ~acted~i~i?~ii~:H~i:th Department regarding the project. .:,i:::?? .... ..:.:.:.:..~:??? ...-...-.-. :.:.:.:.:.?...-.....-... Mr. Lohse reported that staff ~~ted t~?Mendo~0 County Health Department and ..:.:.:.:o:.: ..:.:.:.:.. received a letter stating they h~::~ho co~'rn with.::~.t..~ proposed facility at this site. Staff discussed fl!es and other ~..te~l healt~i~!~!ii~'ith them and were informed that they will exer~i~ii~.eir aut.h:.:~i:~iii~onitor ~ii~~e those measures. Mr. Stum~.'.:~ii~~that t~elili~~!ii::::LS, an a, lowed use and does not require a Use Permit. The issues"~ii6~i~,::Coun~'[ii~~::s. Site Development issues, the layout, architecture, landscaping,..:~i~ii!ii~;., no{~::~~r a kennel is an appropriate use for the property. There is ~9::ii~~t~ii~i~:t.....area"?:'However, there is discretion in how the project is laid out an.~!ii~:~ building:~:...~i~iiiiiiiii~he Planning Commission discussed these issues and felt :.:.:.:.:.:.: ~,:.:.:.:.:.:.:.:.:.:.:.:.:.:.. comt'.~able with the d~[.g.~iiiend approved the project. .:.:..-.:.:.:.- .............. .-.......-.~ ....o...... v.v.v.. ::{:i:i:i:i:i:' i:i:i:i:i:: ";ii::" ~hcilmember B~|awin.~......... reported visiting the site and observed that the wall ~i....mpasses the f..~i~i!~iength back to the hill. The project also calls for a six foot setback ~i~iii~i..x foot ~~ fence. He noted his adversity to mulberry trees and recommended ~~!i~?~i~~'nt dec'duous tree. Co~:i~rnber Libby understood the neighbors' concern for the project, however, she noted that the Planning Commission and Planning Department staff have tried to address all the issues and concerns very carefully before approving the project. The applicant has taken steps to address the noise factor and the way they will manage the kennel to control April 19, 2O00 Page 9 of 13 the dogs from barking. M/S Smith/Libby Denying the Appeal and Approving Major Site Development Permit No. 00-03 and Minor Use Permit No. 00-04 as recommended by the Ukiah Planning Commission, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Chairman Baldwin. NOES: None. ABSENT: Vice-Mayor Ashiku and Mayor Mastin. ABSTAIN: None. 7:50 p.m.: Vice-Mayor Ashiku retumed to the meeting. Bb. AD.esl of Plannina Commission Decision to ~v Mai~ii~i~ermit No. 00-0~ Senior Planner Stump re~orted that this project was.:~¥~ by-t~i~!~Commiss!.~ and appealed by the applicants for consideratio.~iii?~Sy the .C,.:..:i~i~::C~!iiiiiiiiii~{aff, a..~i~i~'e Planning Commission level, recommended appro~i::,:..and .~i~""~ontinL~'i~!ii~i~~nd approval. He explained that the main issue concer~iii~i~ needs vers~i~ii:~"""~i~eased desire for higher architectural standards. ~:~':::iiiiiiiii!iiiii!i!iiiii!i~iliiii!iiiiii::::~ .... Associate Planner Lohse advised that the Planni~i~0~i'~~iii~nied the project, after approving the Negative Declaration on March....2.,:~::.2..:..000, b~i~ii!~:.findings which are included in the Staff Report. As artic...U...!~iiiii!i~?:~::...these "~~::" are the Planning Commission's primary concerns with w~!ii~!~iiii~i~r to b.~!!i!~ inferior architectural drawing, proximity to the railroad track~iii~e att~~ii~i~..a.~:"that a project of this sort could be towards children that may..~::ii~ide a.~ii!~:e ~:~~{~:: the lack of infrastructure, particularly pedestrian sidewalks.::~i]Srope~ to the:i:~i~h and south, and their concern that the project is located within~~atibi!i~?Zone B ~i::~he Ukiah Municipal Airport. After analyzing the particular con~:~ exp{~'ed in ........ ..~ii::findings, the Planning Department concluded that the prop~:..ediii~partme~i~ii~.p:...~::~Would comply with applicable design standard~iiii~structur...e.::::~~ts, and !i~ii!ii~ii~ criteria. This includes the consistency with the:::.i~ De~i~i~~!.!nes. I:i~?:i~:~ noted that the proposed Major Use Permit should ~iii~~ bas'~!~iii~i!i~i~.gs originally presented by staff in their report to the Planning C~""~~:,. and'::~~iiii~:.the Conditions of Approval 1-23 included in the report. Staff'S.:~:~~::.!.s tha{~iiii~tion of the proposed apartment complex would be · :.:;'~:~:;~:~:~:~:~:i:~:~';~:~:~:~:~:i:!:~::'::!:i:~:i:~:;;!;::~:~:!:!:!:?,:, · ;"':::::::::" highly fax~Ble"~ei~ili!~§iii~...,O...x~m~~ to the downtown area as well as to medical services, shopp, i~::~enters, a:~iii~!!~ii!~ii~e proposed transit center. With those conclusions, staff resR~ully disagrees ~iii~:Planning Commission's decision to deny the project and are r~mending that th~.ii~l~:~al be upheld and the Major Use Permit 00-005 be approved b~d on the finding~i~ontained in the Staff Report to the Planning Commission. There ~iii...d. iscussion of..::i{t..~ project applicants having modified the design to include stucco ~~iii.i.....n. order...t~ii~Ake the structure more attractive. Baldwin inquired as to the maximum height limit for this zone and for ================================= .. residential dwellings, and if the City's zoning allows for three-story residential structures. He requested clarification concerning parking in the rear versus the front of the site. Mr. Lohse explained that the height limit in the C-1 Zoning District is 50 feet. However, April 19, 2000 Page 10 of 13 staff would apply the R-3 standards for multiple family dwellings, which is 30 feet. He noted it would be difficult to construct a three story building with a 30 foot height limitation. The argument which was presented by the applicant to the Planning Commission centered on the fact that, in an effort to provide some architectural delineation and to get away from a barracks-like appearance, the building was placed into a foot print that is "L" shaped. To move the parking to the rear of the building would require that building be straightened out and located along either the northern or southern property line, thereby establishing a barracks-like appearance. PUBLIC HEARING OPENED: 7:57 p.m. Robert Axt, 135 West Gobb~ Street, Uk~ah, architect ~.:the pr~ ..... ~rred to h~s letter ..::ii~:i:i:i:!iii~i::::i~i:. '-" <~ii~, .<.:::'::ii:i::::, to Council in response to the findings of the Plann..i~i::~!~0mmis~...'.~i~ili~i~...d...iscussed t~ redevelopment and revitalization of the downtown..iiii~ea and..=..t.~'~;"~~i?:[,f:,or ke~g residential in that area. He explained that parkin~?ili~ courtyard in order to give the residents a sense ~!i~..r...==~:~ little com~~ii~n the apartment complex. He discussed how parking i~iii~i!i~.r:.., of the propert~;:~=~ld affect privacy and decrease residential and landscaping i~iiiiiiiiii~e building would also be against the commercial uses to the north, rather .~ t~i~i~r:., residential uses to the west. ..:.:.:.:.:.:.-..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. '.:-:-:.:.:.:-:-:.:-:-:-:o:.:.:-:.:.' Donald Ferranti, 2350 Rancheria Road, ~~ili~i:'!~...Y.., proP~!~iii~wner, explained that they did not find anything in the eener~;!::ii~i~'~ wit~i?i~~iiiii~iii~.~cks from railroad tracks. The proposed project will have sid~iks an:~?e di~~::i~uture developments in the City that will incorporate sidewalk~::..~!:~ their..:E~bjects, ~Sy improving conditions in the City. He was of the opinion t~iiii~;-thre .e.=~:bry co~ex would not be beneficial to the ...... neighbors, and felt this will be~i~ii~ice pr~t. .i:i:...'iiii..::i:~'." ....................... ::::::::::::::.. .................. ........ ~=~:~:~=~:~' .~iiiiiiiiii::iiiiiii:=ilili .................... ~::::iiiii::ii::~ .... Fidel Ro~:..adjacen!:~~ owneri~ii~ii~' of the project, had no objections to the buildin~iii~y..e.r, he':~..~?~i~~..ss con(~::~With the structure being located six feet from his pro~iiii~iiiii?:i~;:He to speeding traffic on Mason Street. He would appreciate'~ii~~..ce b~ii~:~..building and his property. He is also not opposed to the height ~i!~ii~i!~:ing. '::~i::iiiiiiii?iii!iiiiii!iiiiil~? Jim M~;'n, 62i"::~~!~?e, empathized with staff and Council in that applicants try to ob.t~i~ the criteria f~i~ii~ii~'g a project, meet that criteria, then Planning Commission m~:~rs place subj~ti~=:'' criteria into the project, after the applicants meet the ..::!:!:i:i:i:~' ~-'-::::' · r~rements, neces.s.:!~at~ng an Appeal before the City Council. He encouraged Council t..~i.i~rove the proj~..e..'~:' ...... ::::!:~:!:::::~'"!~!:::::~::.:.. .:.::::~:!i::'"i::'"":'"' of ~e!~::~::~i~!~'"~ Clara Avenue, member the Planning Commission, clarified the ~~i~::i~'~dings #2 regarding the railroad tracks, noting that the actual finding was in ~~'~ to the train switching yard, which exists between the tracks and Mason Street. There are four additional lines of track that will get very busy when, and if, the railroad runs, and specific to the dangers inherent in a train switching yard. Robert Axt advised that the ultimate height of the building at Mr. Royball's side yard will April 19, 2000 Page 11 of 13 be 17 feet. They plan to be the best neighbor they can and keep as much shadow as possible out of Mr. Royball's yard, noting that once the six foot fence is built six feet away and a 17 foot high building is constructed, there will be very little shadow cast on Mr. Royball's yard. He commented on the Planning Commission finding regarding the switching yard, noting that when, and if the railroad returns to service, cannot be a determining factor for approval of the project. Councilmember Libby inquired if Mr. Axt knew what the rent will be for the apartments. Mr. Axt explained that she would need to ask the owners. Vice-Mayor Ashiku inquired of Mr. Axt as to the prox...~ii.ty of M...~ii~ll's property line to the foot print of the project .... ~i!~ii!!iiiiiiiiiii?:': .... Mr. Axt explained that he would need to review the ~.I..~ plan, to move the building one foot or so closer to the ~i~~i::::~='0 the south?iiiii~ii~;~:~'~3f the belief that there is six feet on both sides of the dri~~!!i~ could adjust it '~ordingly. He noted that he is attempting to retain space betw~!~!~!!~ailer park driveway and the proposed building. · ..;.:.:.:.:.:.:.:.:.:.:.:.:.:,. PUBLIC HEARING CLOSED: 8:12 p.m. '*"::~:~:~:~:~=~:~:~:~'~:~:~:~:~:~:~:~=~ ..:.:.:.:.:.:.:,:.:.:.:.:.:.:,:.:.:.:,:.:.:.:.:.:., ========================================================================= ================================================================================= Councilmember Baldwin inquired o~::ii~:~ff if,.:~t.:'~.i;~!!~::iii~e design trend in more communities is that parking for multi.~ily st~tu~i~{~i~?:¥13cated on the street. ..::~i~i~i!:" Mr. Stump explained that it is a.~::i~ent i.~i~e "new.~anism planning". For multi-family units it may be a trend, howe..~i';" a collation ~ili['hings dictate where the parking lot would be located in a p[~je~iiiii::' As fa~iiii~iii~:::::t~.e...'~i:'' many multi-family projects in other communit.i.~i?:...are Iocati...n...~i!~ng lots !~i!~i!~ of a project. Councii~~i~ldwi:~iii~iii~ii~. opinion that this development should provide a more significant·"~!ii~iiii~.rd or":=~i~::~or the community. He noted that we should be encouraging ~i~~:.to c_~:~i~iii~'' clustering that could include a third story in order to create..:.~i~~i!~~~::..from'~ neighbors as well as open space. In the future, we need t.O..:~::::~k more a~ii~~...dng and possibly third ,story units for the few remaining lots avail.a~ in the City. ~ii~i~i~ Planning Commission s arguments concerning design and la~ii~f recreational fa~iti:~:§ are powerful, especially Findings I and 3. .:::::::::::::::.- .+:,:-:-' .?.....,.,.,.... ;..'.:.:.:,' -i::':!:~:~:.::i:!~:: ====================== .':':':':': ~cilmernber Li~ explained that, based on the information that Council received at ~i~ing, S~i~ld uphold this Appeal on the project since the project complies with t-".~i~i~~ii~~'ards, infrastructure requirements, and zoning. There is a tremendous ~~ii~~sing in the area and the project would be an asset to the neighborhood and the C'i"[~'i ..... Councilmember Smith was of the opinion that the project would be a good addition to the community. He addressed the issue of the lawn area, and drew attention to the fact that April 19, 2000 Page 12 of 13 it is unknown how many children will be residing in the apartments. It could be assumed that many adults may occupy the units, many with no family established as yet. MIS Smith/Libby upholding the Appeal filed by Mr. Bob Axt and Approving Major Use Permit No. 00-05, based on the findings contained in the Planning Commission staff report. Vice-Mayor Ashiku discussed the fact that the project site is approximately 12,000 to 15,000 square feet and the landscaping for the project covers 4,500 square feet of the site, which he considered substantial. He felt this is the best clustering he has ~:..en for such a small site. He felt the project deserves Council's support becaus...e..~::housi~ii~i~_..:.: - .........- needed in this community. . Councilmernber Baldwin was of the opinion that sh~ii~:0nsi(~:~i~i~...ry multi-fam~ clustered units that allow more open space. Ther..:~iiiii~ no inc!~i~'~::~iii~~, we ~'t ensure these units will always be affordable. He:ii~it we support a project that was clustered with six or seve~i~it.s.:.~i~' more oper~:~':'"~i!ii~~t was unable to support this project as designed. ====?:?========?=?=========:============?=======?===?==?=== .... ..... Motion carried by the following roll call vote: AY~?~~i~_..bers Smith, Libby, and Vice4vlayor Ashiku. NOES: Councilmember Bal~ih.'.. ABS~iii~.r...' '-'---"~i----'-----' Mastin. ABSTAIN: None ..... ~?.::i::ilililililililililiiii!iiiilili::::~ .... City Manager Horsley explained to Mr::,,::~::¥,hat ~iiii~i~:~ii~e Planning Com, mission, and the City Council level, is a request.-'ii~r som.e.'t-'"~'ing::~~i~ a design that is barrack- like". They are asking for somethi~ii~at has::~re desi!~:?:~'d aesthetic value rather than just a barrack like building. Foc::i~!~i~ture.:~ii~!!i~ould b.e.'"!~i~ood to keep in mind the Planning Commission and City Council.l~!i~feren~"of desig.:~!~'' 13. ........................... There being .n...~ii~i~sine;~!iiiii~!i~"ity Council meeting was adjourned at 8:22 p.m. to "' ::!::'"": ::::" ~ '" ::!::'""::i::':'""" :. ' ':::' ' ' April 26, ~-~--~::~:~:,..~n the-'Council Chambers. ...... ...~....... ..:.:.:.:.:.:. ..:.:.:.:.:.~ ..:.:.:.:.:.:.- ;:::::!::::'"i:: "I' r ~ Ulvila, City CI~'"': April 19, 2000 Page 13 of 13 7a ITEM NO. DATE: MAY 3, 2000 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM JERRY BURKE AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Jerry Burke was received by the City of Ukiah on April 11, 2000 and alleges damages related to a battery incident by City licensed taxi operator on October 17, 1999 at the Royal Inn, Talmage Road. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim for Damages received from Jerry Burke, and Refer It to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Yes Requested by: Prepared by: Coordinated with: Attachments: Claimant Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Jerry Burke, pages 1-2. APPROVE '1::~~,' '~t"X~'~~L~.x Oandace Horsley, City mfh'asrcc00 0503CLAIM Manager NOTICE OF CLAIM AGAINST This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: CITY' OF UKJAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 JERRY TIMOTHY BURKE ,.APR :1 1 ZO0,O ,I . CLAIMANT'S ADDRESS: 851 Watson Road Number/Streetand/orPostOfficeBox Ukiah C~ c/o Petersen Law Offices ( 70~._ 462-5860 Home Phone Number CA 95482 State Zip Code ( ) Work Phone Number . . PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Erik R. Petersen, Petersen Law Offices Name 108 N. School Street Number/Street and/or Post Office Box Ukiah CA City State DATE OF THE ACCIDENT OR OCCURRENCE: 10/1 7/9 9 ~07 ), 462-5860 Telephone 95482 Zip Code 5. PLACE OF ACCIDENT OR OCCURRENCE: Royal Inn, Talmage Road, Ukiah o GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): On or about 10/17/99, Thomas Cash, a taxi driver licensed by the P. it.y- of Uki. ah: drove claimant, to his residence at the Royal Inn and th~n ~ncl f. hprp h~t. ~nrt .~f_~hhpcl f.h~ ol~m~Dt,. . NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: [Tnknown . . WITNESS(ES), if known (optional): Name a. Claimant Jerry Burke, b. Thomas Cash. Address Telephone his wife, Elaine Burke, and defendant, DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address a. UVMC Telephone b. --t - 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the claim: Claimant was ~.alnhed and bea~.~n ah~]~. ~.h~ l~w~r ~w~.r~_m~_~.i~_~. Claimant had to undergo emergency s]]rg~_ry; h~pi~.al~zat, lon; and has suffer~ permanent 4n jury. 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars (510,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the · amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars (510,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case (CCP § 85)." Amount Claimed $ N/A or ApplicableJurisdicf3on Superior Court Unlimite 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for. General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: '-' j This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of~ action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is Ion~ Claims relating to any othercauses of action shall be presentednot laterthan one (1) ~c~'u~the~ause of action. SIGNATURE OF CLAIMANT(S) Received in the Office of the City Clerk this // day of NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it sab'sfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 ITEM NO. DATE: May 3, 2000 lb AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISPOSITION OF SURPLUSED MATERIALS, USED EQUIPMENT AND SUPPLIES As per our Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 18, 1996, staff has attached a list of items determined to be obsolete by various departments and the disposition of other items. Sale and disposal will be according to City Code Section 1533 and the Surplus Procedure Statement. RECOMMENDED ACTION: Receive and file report regarding the disposition of SURPLUSED materials, used equipment and supplies. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A Citizen Advised: N/A Requested by: Gordon Elton, Director of Finance J~ Prepared by: Nora Kennedy, Purchasing Supervisor Coordinated with: Candace Horsley, City Manager Attachments: 1. Procedure for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement 2. City Code Section 1533 3. Surplus disposition list APPROVED: Candace Horsley, City~anager C:XMy DocumentsLAgenda-Surplus.doc PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES 9/18/96 In order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established: . On a quarterly basis (July 1, October 1, January 1, April 1), each City Department Head completes and submits a prescribed form listing all materials and equipment found to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and Purchasing/Warehouse Supervisor. 0 Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. . Copies of the items listed as surplus are disb'ibuted by the Director of Finance to all Department Heads for possible recycling. . Purchasing Officer shall have the authority to dispose of surplus and file a report with the City Council setting forth a description of sale by the close of the agenda for the next regularly scheduled meeting. . The Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. a, Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities~ be Purchasing Department will coordinate public auctions with the County of Mendocino, joining with them for the sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. Ce Purchasing Department will coordinate the moving of surplus items to the auction site during the week immediately preceding the auction. de Following the auction, the auctioneer will provide a list of items sold, the selling prices, and the funds received to the Purchasing Department. e. Specialty items as approved by the Purchasing Officer or extremely large items which cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. Se If after completing steps 1-5 above, any item is not sold or recycled, and it is not reasonable to assume that the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. 4:Fin:Su rplus :Rev:g/11/g6 PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES 9/18/96 In order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established: le On a quarterly basis (July 1, October 1, January 1, April 1), each City Department Head completes and submits a prescribed form listing all materials and equipment found to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and Purchasing/Warehouse Supervisor. . Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. 1 Copies of the items listed as surplus are distributed by the Director of Finance to ali Department Heads for possible recycling. 1 1 Purchasing Officer shall have the authority to dispose of surplus and file a report with the City Council setting forth a description of sale by the close of the agenda for the next regularly scheduled meeting. The Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. a. Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. b. Purchasing Department will coordinate public auctions with the County of Mendocino, joining *, with them for the sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. Ce Purchasing Department will coordinate the moving of surplus items to the auction site during the week immediately preceding the auction. d. Following the auction, the auctioneer will provide a list of items sold, the selling prices, and the funds received to the Purchasing Department. el Specialty items as approved by the Purchasing Officer or extremely large items which cannot be moved to the auction site, will be adve~sed for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. 6. If after completing steps 1-5 above, any item is not sold or recycled, and it is not reasonable to assume that the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. 4'.1~:S u rplu~ :Rev:g/11/96 §1530 §1531' § 1534 1. Recorded Explanation: The head of such department shall send to the Purchasing Officer a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council as provided in subsection A1 above. 2. Emergency Procedure: The Purchasing Officer shall prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. (Ord. 667, §2, adopted 1975) COOPERATIVE PURCHASING: The Purchasing Officer shall have the authority to Join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby. (Ord. 667, §2, adopted 1975) §1532: INSPECTION AND TESTING: The Purchasing Officer shall Inspect supplies and equipment delivered to determine their conformance with the specificatiot~s set forth in lhe order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 667, §2, adopted 1975) -~, §1533: SURPLUS SUPPLIES AND EQUIPMENT: All departments shall submit to the Purchasing Officer, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to exchange for or trade in on new supplies and equipment ali supplies and equipment which cannot be used by any agency or which have become unsuitable for City use. The Purchasing Officer shall have the authority to dispose of surplus property by solicitation of bids or by public auction. (Ord. 667, §2, adopted 1975) §1534: SEVERABILITY: If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such Invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, Irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise Invalid. (Ord. 667, §2, adopted ,1975) 'i 1064 ,/ AGENDA SUMMARY 7c ITEM NO. DATE: May 3, 2000 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING A NO-PARKING ZONE / BUS LOADING ZONE ALONG NORTH STATE STREET SUMMARY: The Mendocino Transit Authority (MTA) has requested to establish a no parking zone / bus loading zone at 798 North State Street, Department of Corrections, Parole and Community Services Division. The net result of the proposed action will be a loss of two on- street parking spaces. Staff spoke to Agent Jerry Cardoza, Dept. of Corrections, Parole and Community Services Division regarding the loss of parking in front of his office building. Agent Cardoza had no opposition to the proposed bus stop / no parking zone and indicated that off street parking for his facility is available in a parking lot behind the building. In addition, parking is available on Gibson Street adjacent to the building. The Traffic Engineering Committee reviewed this request at its regular meeting of April 18, 1999 and recommended approval to the City Council. Staff will distribute copies of this agenda report to offices adjacent to the bus stop location to advise them of the proposed elimination of on-street parking spaces. RECOMMENDED ACTION: Adopt Resolution Establishing A No-parking Zone/Bus Loading Zone along North State Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Agent Jerry Cardoza, Dept. of Corrections, Parole & Community Services Division. Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager Otto Bertolero, Interim Director of Public Works/City Engineer 1. Resolution for Adoption 2. Location Map APPROVED:~ ! ,Js:^o,,~u,~o,.2 Candace Horsley, Ci~y Manager RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING A NO PARKING ZONE / BUS LOADING ZONE ALONG NORTH STATE STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 and 22500 of the California Vehicle Code permit the stopping of buses in a red zone marked or posted as a bus loading zone; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from the Mendocino Transit Authority to establish a "No Parking Zone / Bus Loading Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request regarding this "No Parking Zone / Bus Loading Zone". NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a "No Parking Zone / Bus Loading Zone" on North State Street, west side, beginning at the intersection with Gibson Street and extending 50 feet south. PASSED AND ADOPTED this 3rd day of May, 2000 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2000- Page I of I L~T Epee 'Tbtl AGENDA SUMMARY ITEM NO. 7d DATE: May 3, 2000 REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSWMA) TO SUBMIT AN APPLICATION FOR BEVERAGE CONTAINER BLOCK GRANT The deadline for application for the SB332 Beverage Container Recycling Block Grant is May 31,2000, with the City's eligible funding amount being $5,000. The MSWMA Board has authorized the submission of the applications by MSWMA for its member jurisdictions and to administer the grants jointly on our behalf. The funds will be used for projects approved by each member jurisdiction. Staff is recommending approval of the Resolution authorizing MSWMA to submit the funding request form to the Department of Conservation, Division of Recycling, on the City's behalf. RECOMMENDED ACTION: Adopt Resolution Authorizing MSWMA to submit an application for Beverage Container Block Grant on behalf of the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Adopt revised Resolution 2. Determine Resolution is not appropriate at this time and do not adopt, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Attachments: N/A MSWMA Candace Horsley, City Manager 1. Resolution for Adoption APPROVED: ~~_ ~~ . Candace horsley, City~Vlanager 4/Can. ASRMSWMA.400 RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MENDOClNO SOLID WASTE MANAGEMENT AUTHORITY TO SUBMIT AN APPLICATION ON BEHALF OF THE CITY OF UKIAH FOR BEVERAGE CONTAINER BLOCK GRANT WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter cleanup activities; and WHEREAS, the California Department of Conservation's Division of Recycling has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures for cities and counties or their designees under the program; and WHEREAS, per Section 14581(a)(4)(e) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and time in order to request funds from the Department of Conservation's Division of Recycling. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah authorizes its Joint Powers Authority, the Mendocino Solid Waste Management Authority (MSWMA), to submit the Funding Request form to the Department of Conservation's Division of Recycling on its behalf. The General Manager of MSWMA is hereby authorized and empowered to execute in the name of the City of Ukiah all necessary forms hereto for the purposes of securing payment to implement and carry out the purposes specified in Section 14581(a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, and provide information regarding this program to the Division upon request. MSWMA will be the responsible party to provide records to the Division should an audit be performed. PASSED AND ADOPTED this 3rd day May, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk 4:Res:MSWMA1.400 AGENDA SUMMARY ITEM NO. DATE: May 3, 2000 REPORT SUBJECT: REPORT OF THE ACQUISITION OF PROFESSIONAL SERVICES FROM EBA WASTECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $5,800 SUMMARY: In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing $5,000 or more but less than $10,000. EBA Wastechnologies recently completed the final closure plan and postclosure maintenance plan for the solid waste disposal site. California Environmental Quality Act (CEQA) documentation is required to certify the final closure / postclosure maintenance plans. Since preparation of the CEQA report was not part of EBA's original scope of work, City staff obtained a proposal from EBA Wastechnologies to complete the necessary CEQA documentation. The proposal in the amount not to exceed $5,800 was accepted and the purchasing officer issued a purchase order to EBA Wastechnologies for completion of this additional work. RECOMMENDED ACTION: Receive and file report regarding the acquisition of professional services from EBA Wastechnologies in an amount not to exceed $5,800. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works ~/,J~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager Otto Bertolero, Interim Director of Public Works/City Engineer 1. Fiscal Year 1999 / 2000 budget sheet APPROVED: L _~"~'_ ~'~ _ Ca~e Homiey, C~'~ r~anager RJS: AGebaProfSvcs Z > o o I-- Z o o o o o I-- Z I, LI 7f ITEM NO. DATE' MAY 3, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR COMMUNITY DEVELOPOMENT BLOCK GRANT FUND #333 At its August 4, 1999 meeting, the City Council approved an application for a Planning and Technical Assistance grant from the Community Development Block Grant (CDBG) program for economic strategies. At that same meeting, a contract with Applied Development Economics, Inc to prepare the application, and if the grant were received, to complete the grant activities was awarded with a budget amendment authorizing the new expenditures and identifying the new revenue. The grant (99-EDBG-658) has been awarded to the City and the consultants have commenced work as authorized. The grant provides $35,000 in State CDBG funds and requires $8,750 in local match. The original budget amendment authorized $7,000 of local match from the General Fund, with the City completing the grant administration tasks through in-kind staff resources (estimated at a cost of $1,750). In light of reduced staff, it has been determined that the consultant should complete the grant administration activities. This will necessitate the $1,750 from the General Fund, which would have been expensed through staff salaries, to be paid directly to the consultants. A budget amendment is recommended to address this expense. Staff recommends an amendment to the 1999/00 budget to authorize the increased consultant expenditures of $1,750 and a transfer of this same amount from the General Fund. RECOMMENDED ACTION- Approve amendment to the 1999/2000 Budget increasing the transfer from 100.283.333 to 333.281.100 and expenditures in account 333.4708.250.003 by $1,750 respectively for additional local match to grant 99-EDBG-658. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications to budget amendment are necessary, identify changes, and approve revised amendment. 2. Determine budget amendment is not necessary and take no action. Citizen Advised' N/A Requested by: Prepared by: Coordinated with' Attachments: N/A Michael Harris, Risk Manager/Budget Officer~~ ~~-~ F. Gordon Elton, Director of Finance and Candace'; ;:7_:~- ~.......Horsley, City Manager 1. Budget Worksheets, pages 1-4. mfhAPPROVED::asrccO0 ' - ~ey, ~t Manager 0503BA LI,,I 8== CDBG GRANT - FUND #333 Budgeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/2000 $ 27 $ 19,238 $ (19,238/ $ 27 Adiustments made durinq the fiscal year: Date Approved Account No. 7/1/99 Change in beginning fund balance per audit 8/4/99 Planning/Technical Assistance Grant revenue 333.0600.488.000 8/4/99 Planning/Technical Assistance Grant expense 333.4708.250.000 8/4/99 Transfer from General Fund for match funds 99-EDBG-658 333.281.100 5/3/00 Transfer from General Fund for match funds 99-EDBG-658 333.281.100 5/3/00 General Admin for 99-EDBG-658 grant 333.4708.250.003 $ 1,550 $ 35,000 $ (42,000) $ 7,0oo $ 1,750 $ (1,750) Revised ending fund balance 6/30/2000 $ 1,577 Reserv00 4/26/00 Page 1 Funds 332; 333; 334; 335; 530 Budget Amendment Worksheet GENERAL FUND #100 Bud.qeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Expenses budgeted Transfers In/(Out), at net Loans to other funds Budgeted ending fund balance 6/30/2000 $ 1,241,426 $ 7,029,785 $ (7,172,800) $ (245,712) $ 852,699 Adjustments made durinq the fiscal year: Date Proposed 7/1/99 7/1/99 8/4/99 1/19/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 2/16/00 3/1/00 5/3/00 5/3/00 Change in beginning fund balance per audit Encumbrances from prior fiscal year Transfer match to P/TA Grant - Fund #333 Transfer for AS400 purchase Police MOU Task Force officer- Police MOU Police Reserves- Police MOU Transfer to COPS Grant for Police MOU Increased Dispatch cost- Police MOU Add medicare omitted from adopted budget Add medicare omitted from adopted budget Record scanning system for City Clerk Application fee for LAFCO Sphere of Influence determination Investment Advisor fees Tools for Building Attendant Conference Center rental by other City departments Tree removal in City parks Museum vandalism/robbery expenses Transfer for LAN/WAN Transfer for matching funds for 99EDBG-658 grant Transfer for LAN/WAN & Internet access hardware Account No. 100.XXXX.XXX.XX 100.283.333 100.283.698 100.2001 .Prsnl 100.2080.Prsnl 100.2090.Prsnl 100.283.206 100.XXXX.310.000 100.1201.154.000 100.1965.154.000 100.1101.800.000 100.1501.250.000 100.1910.250.000 100.1915.440.000 100.1990.300.000 100.6001.250.000 100.6150.692.000 100.283.698 100.283.333 100.283.698 645,339 (48,996) (7,000) (130,696) (35,850) (1,762) (82) (3,648) (8,251) (1,204) (726) (37,900) (3,ooo) (17,700) (1,225) (lO,OOO) (5,ooo) (1,45o) (17,000) (1,750) (41,700) Revised Budgeted Ending Fund Balance 6~30~2000 $ 1,123,098 Reserv00 4/26/00 Page 1 Funds 100; 110; 115; 130; 131 ITEM NO. 7g DATE: May 3, 2000 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR 21,000 FT. OF 397.5 MCM BARE ALUMINUM CONDUCTOR, 19 STR., TO NEHRING ELECTRICAL WORKS, C/O STEPHENS, MCCARTHY & ASSOCIATES IN THE AMOUNT OF $12,162.15. A Request for Quotation through the formal bid process was sent to twelve suppliers for 21,000 ft. of 397.5 MCM Bare Aluminum Conductor, 19 Str., to be supplied on three reels of 7000 ft. each. Five bids were received and opened by the City Clerk, April 17, 2000 at 2:00 p.m. The bids were evaluated by the Electric Department. The award of bid was based on the required specifications of three reels, 7000 ft. each, 21,000 ft. total, and lowest price per foot. Nehring Electrical Works, c/o Stephens, McCarthy & Associates was the lowest compliant bidder. The cable will be placed in warehouse stock for reconductoring and has been budgeted in the 1999/00 Fiscal Year in Account NUmber 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Award bid for the purchase of 397.5 MCM AlUminUm Conductor, 19 Str., to Nehring Electrical Works, c/o Stephens, McCarthy & Associates in the amount of $12,162.15. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: Bid results APPROVED: ..,~ C~-"ff~ce ~or'sley, City M~lnager BID RESULTS 21,000 FT. 397.5 MCM BARE ALUMINUM # Reels (3 specified) Foota~le Unit Price Tax Total Nehrin~/cio Stephens, McCarthy & Associates 3 21,000 0.54 $822.15 $12,162.15 Graybar Electric 4 20,380 0.5409 $799.21 $11,822.75 GE Supply 4 20,380 0.566 $836.29 $12,371.37 Champion Wire & Cable 4 20,360 0.575 $848.76 $12,555.76 Wesco 4 20,380 0.83 $! ,226.37 $18,141.77 Note: Nehring c/o Stephens, McCarthy & Associates was the only bidder able to supply the three specified reels. AGENDA SUMMARY ITEM NO. 7h DATE: May 3, 2000 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT FOR REMOVAL OF WOODWASTE AND YARDWASTE FROM UKIAH SOLID WASTE DISPOSAL SITE SUMMARY: On February 19, 1997, the City Council awarded a contract to Cold Creek Compost for the removal of woodwaste and yardwaste from the solid waste disposal site. The City has been pleased with Cold Creek Compost's performance under this contract. The terms of the original agreement provided for compensation extending through March 31, 2000. Since the disposal site is now anticipated to close near the end of calendar year 2000, it is appropriate to extend the term of the agreement through the attached amendment (Attachment 1). This Amendment will authorize an anticipated expenditure in the amount of $46,000, for services through the life of the disposal site. Funds are designated in the FY 1999/2000 budget to cover expenses through June 30, 2000. Funds will be designated in the FY 2000/2001 budget to cover expenses through the life of the disposal site. Cold Creek Compost has reviewed and concurred with the attached amendment. Due to the timing of the preparation of this report, a signed copy of the amendment is not available. RECOMMENDED ACTION' Authorize execution of Amendment No. 1 to the Agreement for Removal of Woodwaste and Yardwaste from Ukiah Solid Waste Disposal Site. ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize execution of the Amendment and direct staff to seek proposals from firms for woodwaste and yardwaste removal. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works ,~,~~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager Otto Bertolero, Interim Director of Public Works/City Engineer 1. Amendment No. 1 to the Agreement 2. Fiscal Year 1999 / 2000 budget sheet APPROVED'~. ~~__ Candace Horsley, City I~anager RJS: AGColdCreekAmend CITY OF UKIAH AMENDMENT NO. 1 TO AGREEMENT FOR REMOVAL OF WOODWASTE AND YARDWASTE FROM UKIAH SOLID WA$TE DI$PO$AL SlTE DATED APRIL 23, 1997 TERMS AND CONDITIONS All terms and conditions of the Agreement for Removal of Woodwaste and Yardwaste from Ukiah Solid Waste Disposal Site between City of Ukiah and Cold Creek Compost, Inc., dated April 23, 1997 shall remain in force and effect except as modified by this amendment. BASIS FOR COMPENSATION For the performance of the services of this Agreement, Service Provider shall be compensated at the rates below: Fiscal Year 1999-2000 July 1, 1999 through June 30, 2000 Fiscal Year 1998-1999 rate plus CPI adjustment (maximum rate $3.57 per cubic yard) Fiscal Year 2000-2001 July 1, 2000 through June 30, 2001 Fiscal Year 1999-2000 rate plus CPI adjustment (maximum rate $3.71 per cubic yard) Fiscal Year 2000-2001 rate to be established no later than July 31, 2000. This rate shall remain the same throughout Fiscal Year 2000-2001. COLD CREEK COMPOST, INC. CITY OF UKIAH BY: BY: Martin Mileck Candace Horsley City Manager DATE DATE .l. I-- Z 0 0 0 0 0 0 0 0 0 0 0 0 I~- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 · o ~o o 0 0 c~ 0 0 r- t-- o ~TI~HMEIg T ~ Z_ AGENDA SUMMARY ITEM NO. 7i DATE: May 3, 2000 REPORT SUBJECT: ADOPTION OF RESOLUTION REMOVING ON STREET PARKING AND ESTABLISHING A NO PARKING ZONE ALONG SOUTH STATE STREET SUMMARY: Gino Moretta, Roberts Mechanical & Electrical, Inc. submitted a request to the Traffic Engineering Committee (TEC) to evaluate the sight distance at the South State Street and Wabash Avenue intersection. Mr. Moretta's request is included as Attachment 2. According to Mr. Moretta, vehicles parked along South State Street south of Wabash Avenue obstruct the view of drivers attempting to turn left onto State Street from Wabash Avenue. A location map, Attachment 3, is included for reference. The TEC reviewed this request at its regular meeting of April 18, 1999 and recommended that staff evaluate the corner sight distance and submit a request for a no parking zone (to establish necessary corner sight distance) for approval by the City Council. EXISTING CONDITIONS: Wabash Avenue is a two-lane street with a stop sign at its intersection with State Street. State Street has two lanes southbound, one lane northbound and a left turn lane (for northbound traffic) near its intersection with Wabash Avenue. There is existing curb and gutter on both sides of State Street north and south of its intersection with Wabash Avenue. A no parking zone extends on the west side of State Street from its intersection with Wabash Avenue north approximately 200 feet. (continued on page 2) RECOMMENDED ACTION: Adopt Resolution Establishing a No Parking Zone on South State Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Those adjacent to the subject location. Rick Seanor, Deputy Director of Public Works/~)~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager Otto Bertolero, Interim Director of Public Works/City Engineer 1. Resolution for Adoption 2. Letter from Roberts Mechanical and Electrical 3. Location Map APPROVED~.w,,~"~ /~~~.. RJS:AgnpStateAtVVabesh Can~ce h(~r:sley, ~;it~lanager Page 2 Adoption of Resolution Establishing A No PaAing Zone along South State Stmet May 3, 2000 SIGHT DISTANCE:. At the direction of the TEC, staff evaluated sight distance at the intersection in accordance with the recommendations in the Caltrans Highway Design Manual, Table 405. lA (Corner Sight Distance). For a design speed of 35 mph, a corner sight distance of 385 feet is specified. To establish the required line of sight, a no parking zone beginning at the south curb return at the intersection of State Street and Wabash Avenue and extending 70 feet south along the west curb line of State Street is required. Staff also noted, when stopped at the limit line (crosswalk line), there are bushes located at the northwest corner of Wabash Ave. and State St. which somewhat obstruct the driver's visibility of State Street southbound traffic. However, by establishing the recommended no parking zone, the major obstruction to driver's visibility will be removed. Staff will contact the property owner at the northwest corner of the intersection to request pruning of the bushes to improve sight distance. PARKING IMPACTS: The net result of the proposed action will be a loss of three on-street parking spaces. Should the attached resolution be adopted, parking space for seven vehicles would remain along the west side of State Street between Wabash Avenue and the first driveway to the south. Staff spoke to Mr. Alan Vogel, Vogel's Used Cars, 1320 S. State St. regarding the loss of parking in front of his business. Mr. Vogel strongly opposed the removal of parking on State Street in front of his business unless there was an overwhelming safety reason to do so. In researching the issue, staff noted that Parnum Paving had recently conducted annual safety training at its office located at 1324 S. State St. (south of Vogel's Used Cars). During the course of this annual training, several vehicles used the curbside parking along State Street south of Wabash Avenue. Mr. Vogel stated that he did not have any difficulty making a left turn from Wabash Avenue onto State Street when vehicles were parked along the curb. Staff also reviewed the accident reports at the intersection found a total of three accidents related to left turn movements within a three year, nine month period ending September 30, 1999. Staff will distribute copies of this agenda report to offices adjacent to the proposed no parking zone to advise them of the proposed elimination of on- street parking spaces. CONCLUSION: Staff recommends adoption of the resolution removing on street parking on South State Street. This recommendation is consistent with the design procedures identified in the Caltrans Highway Design Manual. RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING A NO PARKING ZONE ALONG SOUTH STATE STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Section 21458 of the California Vehicle Code provides for no parking adjacent to curbs painted red; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from the Roberts Mechanical and Electrical to establish a "No Parking Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request regarding this "No Parking Zone". NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a "No Parking Zone" on South State Street, beginning at the intersection with Wabash Avenue · and extending 70 feet south. PASSED AND ADOPTED this 3rd day of May, 2000 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2000- Page 1 of 1 ROBERTS MECHANICAL & EI.ECTRI~, INC. 4649 Dowdell Avenue o Santa Rosa, California 95407 o (707) 584-5880 189 Wabash Avenue o Ukiah, California 95482 o (707)462-3290 April 4, 2000 /0 City of Ukiah Traffic Engineering Commission 300 Semi nar y Ave. Ukia~, CA 9548.2 To Whom It May Concern: This letter is to inform you of a very serious accident po- tential created by allowing parking along the west side of State Street just south of Wabash Avenue. Vehicles parked along this curb block the view of n'orthbound oncoming traffic and force a vehicle making a left hand turn from Wabash to State to encroach into the northbound lane of State Street into the traffic flow, in order to see clearly. This has not been a problem in the past 28 years (I have worked at this location for that long) because no one ever parked there before. Now, there is a line of pick-,l~ 'rruok3 there all day, hence, the problem. Since we run service trucks from this business, we average 30 - 50 left turns to State Street total per day. Thank you for your attention to this matter. APR ~,, ~ooo GINO M. MORETTA VICE-PRESIDENT CITY OF UKIAH DEPT. OF PUBLIC WORKS OMM/hp · Air Conditioning - Heating - Electrical o Boilers - Plumbing o Backflow Prevention Devices · License No 55(>014 w~LK 9a ITEM NO. DATE: May 3, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF WIDE AREA NETWORK (WAN)INFRASTRUCTURE PROPOSAL AND BUDGET AMENDMENT FOR THE FY 1999-00. SUMMARY: On March 1,2000 staff presented the City Council with Local Area Network (LAN) and Wide Area Network (WAN) proposals based on the recommendations of the consultant hired to complete the Citywide Hardware/Technology Needs Assessment and Plan. At Council's request, staff has investigated alternatives to the original proposal (the ATM Cell Relay WAN), with the main objectives to decrease the recurring monthly data transmission costs associated with the implementation of a WAN and still implement WAN and Internet technologies. RECOMMENDED ACTION: (Continued on next page) 1. Approve the WAN Frame Relay proposal as presented and authorize the City Manager to execute the agreement between the City of Ukiah and Pacific Bell for the Frame Relay, DSL & Pacific Bell Internet proposal. 2. Approve the amendment to the 1999/2000 budget authorizing a transfer from the General Fund 100.283.698 to the Asset Replacement Reserve Fund 698.281.100 of $41,700, and increasing account 698.1965.800.000 by $41,700. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Dot not approve the WAN Frame Relay proposal as presented and approve the WAN Business DSL alternative. 2. Do not approve the WAN Frame Relay proposal as presented and provide staff with specific direction for proceeding to implement WAN & Internet technologies. Citizen Advised' N/A Requested by: Prepared by: Coordinated with: Attachments: N/A MIS Coordinator, Paulette Klingbeil Director of Finance, Gordon Elton and City Manager Candace Horsley Attachment A: Departmental Internet and E-Mail Uses Attachment B: Pacific Bell Proposal Attachment C through F: Pacific Bell Bill of Materials (4) Attachment G: Budget Amendment Sheets Candace Horsley,~'Cit1 Manager Page 1 of 6 [Continued from Summary on Page 1] At the March meeting staff discussed various levels of user need for Wide Area Networking services and Internet/E-mail services throughout City operations. In order to provide Council with written documentation referencing user needs the City Manager's office has compiled a "Departmental Internet and E-Mail Uses" list. The list is included as part of this report as Attachment ^. Two specific alternatives have been discussed with Pacific Bell: 1 .) Installation of two Business DSL circuits at the Civic Center, one T1 Frame Relay service, and standard DSL circuit installation at remote City sites; 2.) Two FasTrak Frame Relay circuit installations at the Civic Center and standard DSL circuit installation at remote City sites. Both alternatives discussed are easily one- third the cost of the original system proposed; both offer slower data transfer speeds. Very quickly it became clear that while the Frame Relay option is not new technology, it appears to be the better option of the two. The biggest advantage Frame Relay has over Business DSL is the speed of data transmission in both directions. Business DSL circuits cannot guarantee the same data speeds during data transmission (upstream transmission) and data reception (downstream transmission). Upstream Business DSL speed is defined at 384K (Kilobytes) and downstream is defined at 1.5MB (Megabytes) while Frame Relay allows 1.5MB data speed both upstream and downstream. The consistent speed of Frame Relay is an important factor when considering the Public Safety applications (Fingerprints and Booking data/photos, etc.) that will use this technology heavily and will rely on its consistency. Future Geographical Information System applications Citywide, as they are implemented, will also rely on the consistency of data transfer speeds. See Attachment B, page 11 for specific detail on how Frame Relay service works. After examining the technical differences between Frame Relay and Business DSL staff examined the cost differences to make certain the objective of decreasing the recurring monthly costs could be attained. The original WAN proposal cost $4,033.00 per month. The Frame Relay WAN proposal before you has a monthly cost of $1,354.00 and the Business DSL with WAN connectivity alternative is $1,305.00 per month. Specific cost breakdowns for the Frame Relay WAN proposal are detailed on the following page. Page 2 of 6 [Continued from Summary on Page 2] Frame Relay Circuit at Civic Center for Remote Location Access $ 345.00 Frame Relay Circuit and Internet Access for all City Computers $ 721.00 Total Civic Center Monthly Recurring Expense $ 1,066.00 8 Remote Sites: 300 Plant Road - Waste Water Treatment Plant 200 South School Street - Conference Center 599 Park Blvd. - Golf Course 503 Park Blvd. - Parks/Golf Operations Office 1320 Airport Road - Corporation Yard 925 City Well Road - Water Treatment Plant 1411 South State Street - Airport 431 South Main Street - Grace Hudson Museum $ 36.00 $ 36.00 $ 36.00 $ 36.00 $ 36.00 $ 36.00 $ 36.00 $ 36.00 Total All Remote Sites Monthly Recurring Expense $ 288.00 Total All Remote Sites Monthly Recurring Expense $ 288.00 Total Civic Center Monthly Recurring Expense $ 1,066.00 Combined Total All Monthly Recurring Expenses $ 1,354.00 Page 3 of 6 [Continued from Summary on Page 3] As in the first proposal presented to Council there are one-time costs associated with the implementation of this proposal. The one-time costs of the Frame Relay WAN are presented in the tables below, and represent the expense for: DSL Circuit, Hardware installation and maintenance at eight remote locations; Installation of Network Ports, Internet Access Circuit, Remote Sites Circuit and additionally the procurement and installation of Routers, a service switch and two Firewalls to be located at the Civic Center. Quantity Item Description One-Time Cost* 1 Cisco 10/100 Switch $ 1,455.38 1 Switch Installation & 1 yr. Maintenance $ 846.20 2 Cisco 1720 Router w/Interface Card $ 3,202.49 1 Router Installation & 1 yr. Maintenance $ 3,940.37 2 Cisco PIX Firewall 515R, Installation & 1 yr. Maintenance included $ 16,076.78 1 Circuit & Port Installations $ 3,000.86 Total One-Time Costs for Civic Center Location $ 28,522.08 *Includes 7.25% Sales Tax Quantity Item Description One-Time Cost* 8 Cisco 1417 ADSL Router $ 4,950.66 8 Router Installation & 1 yr. Maintenance $ 5,448.30 8 Installation of Circuits $ 2,771.34 Total One-Time Costs for Remote Sites $ 13,170.30 *Includes 7.25% Sales Tax One Time Costs per Site $1,646.29 Total One-Time Costs for Remote Sites Total One-Time Costs for Civic Center Location $ 13,170.30 $ 28,522.08 Combined Total All Sites One-Time Related Expenses: $ 41,692.38 Page 4 of 6 [Continued from Summary on Page 4] Additional information provided by Pacific Bell giving further explanation of FasTrak Frame Relay services as well as its specific proposal including all cost breakdowns as presented to staff can be found in attachments B through F. Additional Costs E-mail Hosting Services E-mail Hosting is available from Pacific Bell Internet for a monthly cost of $24.95 for the first 10 E-mail accounts and $2.00 for each E-mail account thereafter. Other alternatives are being researched. It is possible that a lower cost alternative is available. The actual costs of E-mail hosting services will be included in the Fiscal Year 2000/01 budget. Firewall Administration and Monitoring Services Not included in the costs listed above are the costs for administering and monitoring the Firewalls that are scheduled for installation. Firewall administration services include the management of firewall rule changes, backups, and recovery. Effective Firewall monitoring consists of 24 hours per day, seven days a week monitoring of unauthorized network users (hackers/crackers), analyzing amounts of data traffic going in and out of the Firewall, logging events for potential cost accounting measures, filtering websites for appropriate/inappropriate content, and monitoring web sites frequently visited. Administration and monitoring the Firewalls is an absolute must; the City cannot install this equipment without making an allowance for the monitoring. Discussion during the November 3, 1999 Council meeting indicated Council's desire to minimize the expense of administration and monitoring by training staff to provide these services. Staff has investigated the costs for attaining adequate training to provide the Firewall administration and monitoring services and offers Council the following information. To train existing City personnel to provide Firewall administration and monitoring services, the cost to the City can be anywhere from $10,000 to $12,000; not including the cost equivalent for the 20 days staff would be away from their normal duties to attend the training. The day-to-day duties added to City staff to administer and monitor the Firewalls effectively would add extensive additional workload. Staff is currently investigating options for accomplishing both the administration and the monitoring. An option under consideration is having Pacific Bell Network Integration Services provide administration services at a cost of $1000 per month, for both Firewalls, with a one time set-up cost of $1,000 and have staff trained to perform the monitoring services. Staff intends to continue to investigate other options and will present its conclusions and recommendations to Council during the normal Fiscal Year 2000/01 budget process. Time Frame for Equipment Order & Installation Upon Council approval of the Frame Relay proposal above, equipment will be ordered with an anticipated delivery within six to eight weeks. Installation will commence within three to four weeks after equipment delivery. Page 5 of 6 [Continued from Summary on Page 5] Budo_et Amendment Information This project was not included in the adopted budget for the current fiscal year; therefore, it is necessary to transfer $41,700, versus $52,164 in the original proposal, from the General Fund to the Asset Replacement Reserve Fund (698.281.100) for the equipment purchases. The monthly recurring costs will be included in the Fiscal Year 2000/2001 budget. Final Comments In conclusion, the Frame Relay proposal recommended by staff can provide the City with the tools necessary to communicate and share information internally, with outside businesses, individuals, and other government agencies today. It is important to note the WAN will be at its maximum connectivity capacity when it is installed. Attachment B, page 4:"...the maximum number of DSL circuits that can be brought to a T1 Frame Relay circuit.., is 8." This proposal calls for eight initial City sites to have DSL installed and connected back to the Civic Center through Frame Relay technology. Staff fully believes the City will need to re-evaluate this system within the next 3-5 years. With the rapid evolution of technology it is reasonable to expect the need for re-evaluation at this time as part of normal operations under any circumstances. In addition, it is anticipated that equipment purchased now can continue to have useful life and can continue to serve the City in some capacity under a new system. Three representatives from Pacific Bell, Lori Kingshott Technical Sales Manager, Carl Tarrant, Senior Account Manager, and Denis Condon, Technical Sales Specialist will be present to answer any questions not addressed in this report. Page 6 of 6 ATTACNlqENT A DEPARTMENTAL INTERNET AND E-MAIL USES May 2000 FINANCE DEPARTMENT Internet · Printing the State Controller's Report forms for Redevelopment Agencies and the instructions for the City's State Controller's Report. This is now the only method the State uses to distribute this information. · Information sharing with other Finance Directors around the State. · Researching State law on various issues as situations arise. · Checking the League of California Cities or the California Society of Municipal Finance Officers web sites for policies and procedures used by other cities. · Making travel/lodging arrangements for seminars. · Reading news briefs on computer related topics. · Requesting and receiving information from vendors, both existing and potential. · Checking prices on various products. · Checking status of bills introduced in the Legislature. · Receiving automatic updates of legislative actions on bills of high interest. · Checking other cities web sites for copies of their policies and procedures. · Payroll preparation and reporting. · Accounts payable - payment of vendors. · Financial Statements - recording financial activities not otherwise recorded through Payroll, Purchasing, Billing, or Cash Receipts. · Inquiry and reporting to fulfill special requests from customers. · Budget development. · Utility billing. ATTACItlqElq~A E-Mail Miscellaneous billing. Cash receipts. Purchasing - issuance of purchase orders and encumbering funds. Accounts Payable will use the Internet to obtain forms for tax reporting for both State and Federal taxes. This is a much faster method of obtaining forms and their instructions for completing the returns than mailing in an order and waiting for forms by return mail. If other departments have better access to financial information, they may be able to answer some of their own questions instead of waiting until a Finance Department staff person can prepare answer for them. Obtain information for better in-house collection activities, credit information, skip tracing activity for all collections. DMV access for citation information. State and County information for Business Licensing purposes. Would have been very helpful in obtaining statistics, forming guidelines and applications, developing marketing brochures in the creation and expansion of Low Income Programs. Receive "Billing Memorandums" from other departments for the Miscellaneous Billing Program. Have better communication (ability to print out directions and maintain them in a file for future needs) with support technicians at Software Vendors on computer problems. Provide information to other departments/agencies upon request avoiding delays of faxing and/or mail. Would have a permanent record of transactions, proof of follow-up, no lost messages, allow follow-up at convenient times. Time sheets could be sent to Payroll in spreadsheet standardized format with preset formulas to help prevent the need to correct errors made by employees and interruptions to Payroll. ATTAC~VI~ A AS 400 Other departments regularly request of Utility Billing staff reports and information that could be accessed directly given the proper training. PURCHASING ,!nternet Resource for products, public contract codes, contractor license classifications and verifications. Vendor telephone numbers and addresses. Price comparison - products, computer equipment. On-line access to catalogs: W. W. Grainger, VWR Scientific, Office Depot, Staples, etc. ° Specifications for numerous items. E-Mail Cappo Members (CA Assoc. Of Public Purchasing Officers). On-line companies - specifications. Other departments - questions regarding requisitions requests, RFQ reviews, share vendor files. AS-400 Purchase Orders could be inputted by department for review and authorized. Departments could research the cost of any item purchased in prior years. Departments can review current balances in their accounts. POLICE DEPARTMENT Internet and E-Mail Direct access to California Attorney General's web page for current codes (i.e., Family Law Code; Welfare and Institutions, etc., that we cannot afford to purchase or update in book form.) ATTAC~qENT A Access to public records tracking services, to locate suspects, victims, etc. E-Mail communication with other law enforcement agencies, criminal justice agencies, and public service departments (CPS, APS, DA). Occasional searches for WEB sites related to case investigations (child pornography, public protests and civil unrest, hate groups, out-of-state Megan's Law searches, etc.) We will soon be on-line with the State of California, Parolee LEADS convict tracking program and Arson Offender program. Also we are looking into the direct (secure) access to the Federal Bureau of Investigation and Violent Criminal Apprehension Program. This system will allow us to share information, on a national basis, with other law enforcement agencies, for child abuse, kidnaping, violent sex offender, and homicide cases. This could lead to solving cases that are connected by offenders that move between jurisdictions and states. The current Megan's Law system will eventually be accessed via the Internet. COMMUNI'rY SERVICES Conference room reservations. Staff could E-Mail the date and time of usage for the room, and a confirmation of the room could be returned to the staff member making the request. EXECUTIVE ASSISTANT TO THE CITY MANAGER E-Mail the League and League Library. Research what other cities are doing, as well as E-Mailing other cities. Making reservation for the City Manager and City Council. Download CDBG reports and access their management manual. E-Mail attachments to anyone and everyone for review. Obtain informal bidding prices. ° Communication with the Mendocino Emergency Service Authority office. SECRETARIAL POOl · E-Mail the agenda and packets for Airport Commission; Parks, Recreation and Golf Committee; Planning Commission; Traffic Engineering Committee; Project Review Committee; City Engineer, etc. ATTACH[.IENTA Ordering supplies from Pitney Bowes; Canon and Sharp copiers; Sharp fax machine; paper and binding supplies. PERSONNEL OFFICER All City of Ukiah job recruitment announcements are placed on the Employment Development Department's "Cai Jobs" website, free of charge. This website is accessed by EDD clients, Mendocino College students, MPIC clients, and can be access by any Internet user. In addition to this, I have placed difficult to fill and specialized position recruitment announcements on websites of trade publications for that given field. The PERS website to monitor the status of new and pending legislation, and other pertinent contract amendment options and developments. The Internet is utilized to access job descriptions, salary schedules and MOU's from other cities when performing salary surveys and position classification studies. It can be an invaluable resource for accessing legal information relative to OSHA, employee benefits, California Labor Codes, COBRA, Department of Workers' Compensation, FLSA, etc. Most laws pertaining to these important aspects of my job can be assess on-line when needed, which could save research time and legal inquire costs to a certain extent. In addition, employee benefit companies, such as health and dental insurance, and our deferred compensation programs provide on- line information relative to current rates, changing elections, and general information which would be beneficial to have "at my fingertips" for providing information to employees. E-Mail The most important and recurring usage at this point of time is for new employee fingerprinting results which are sent to me via E-mail directly from the Department of Justice. E-mail, like the Internet, has become the way that city and legislative personnel communicate important legal and legislative information to each other in a time- efficient, confidential, and paperless fashion. AS 400 The Personnel Department currently has access to the AS 400 for "read only" purposes. I access the AS 400 to monitor my departmental budget (particularly training dollars and recruitment expenses). I access the Payroll system to lookup employee information such as vacation and sick leave accrual amounts when working with employees disability status. ATTACHNENT A FIRE DEPARTMENT Internet Internet use is for access to a wide variety of websites such as: wether reporting, fire agencies, fire protection organizations, State agencies, State legal information, mapping, product research, etc. · Utilization for client access to codes, ordinances, permits, project status, etc. AS400 Access to the AS400 by the Fire Prevent Bureau is required for business license information and budget information. Occupancy database information, occupancy history, utilities, owner, etc. County Assessor Records. This information is essential in determining addressing, owners, property locations, etc. This information is presently limited to only a few users within the City, but is needed by several individuals and departments. Geobase information access. Mapping of the City for utilities, streets, parcels, geography, topography, etc. is information that is extremely valuable in conducting business with clients, and in the case of the Fire Department, for emergency management. ENGINEERING Capital Improvement Plans Access to the most up-to-date technical data, reports, specifications, drawings, forms, manuals, contractor information, labor codes and rates, users groups, cost estimation. Instant hardcopy documentation of communication (E-Mail). Electronic transfer of very large files (orthophoto, AutoCAD files) via E-Mail for use and review from consultants. The DSL lines would also allow transfer of drawing files that would be associated with improvement plans that are being prepared by outside consultants. These drawing files are typically several megabytes in size (topographic information and design information). Much like the image files, transfer of this type of information through disks is widely and inefficient. The Internet and DSL lines would allow our staff to cut down the turn around ATTAC'IR~ A time on plan reviews by up to 4 or 5 days. Much of the technical data is only available over the Internet. It would be near impossible to know who in an agency to contact to get this information on a disk or hardcopy (if they were willing). Development Plan Review Instant hardcopy documentation of communication (E-Mail). Electronic transfer of very large files (AutoCAD files) via E-Mail for review from applicants. Within two years we will probably be requiring the developers to submit an electronic data form of their subdivision maps or improvement plans so that we can easily do a boundary check for closure, check areas and incorporate their subdivisions and improvements into the GIS. Geographic Information System (GIS) Access to the most up-to-date technical data, reports, users groups. Electronic transfer of very large files (orthophoto, AutoCAD files) via E-Mail for insertion into the GIS database. ..,Website Used Frequently Caltrans Website: Standard plans, manuals, traffic data, studies, cost estimating information, forms, E-Mail. FEMA (Federal Emergency Management Agency) Website: Up-to-date forms, frequently asked questions, community floodplain records, information manuals, E- Mail. Mendocino County Website: Transfer of parcel data and delineation, meeting minutes relating to City issues, Ukiah Valley General Plan updates, E-Mail. ITS (Institute for Transportation Studies) Website: Upcoming training, various transportation manuals, studies, documents, E-Mail. BLM (bureau of Land Management) Website: Map and studies. ESRI (Private Consultant for GIS products): grants, information on GIS, E-Mail. ATTACHlqENTA PUBLIC WORKS Verification of Contractor's License (Contractor's State License Board website). Obtaining design/specifying information for Public Works projects. Obtaining standard specifications from Caltrans, US Army Corps of Engineers, etc. web sites. , Obtaining FAA Advisory Circulars for construction projects at the Airport. Obtaining up-to-date prevailing wage reports for Public Works projects. Obtaining up-to-date Equipment Rental Rates from Caltrans for Public Works projects. Obtaining up-to-date weather reports for Ukiah area for use in coordinating Public Works projects, Landfill work, etc. · Verification of addresses, zip codes, and telephone numbers. AIRPORT Airport staff currently uses the Internet for access to Federal Aviation Administration regulations, advisory circulars and other government reference sources, as well as access to professional association members. Other sites, such as AVWEB, keep the aviation industry informed of current developments in state and federal aviation programs. Aviation weather is also available on the Internet through the FAA and other independent weather reporting sites. In light of recently expressed concerns about aviation safety, the capability of accessing real time weather for Ukiah and other area is extremely important. WASTEWATER TREATMENT PLANT Obtain flow readings in Russian River required to determine wastewater discharge rates. Research and download codes and regulations. (CFR, OSHA, EPA). Only way to get all or portions of this information. Obtain forms and reports from regulatory agencies. Only way to get all or portions of this information. Research parts and equipment purchases. Send and receive E-Mail. Only way to get all or portions of this information. ATTAC~qENT A · Weather and information. Time spent on the Internet varies widely and is project driven. For instance, we have spend several hours researching data and regulations to compile our Risk Management Plan. Minimum time per day is 20 minutes to a half hour. PLANNING AND BUILDING Connect to E-Mail to send agenda, memorandums, staff reports, etc. Searching for conferences and training seminars for Planning Department, Planning Commissioners, and Building Inspector. Confirming attendance for conferences. Checking for contractors licenses. Networking within building to check for business licenses. Sending Public Hearing notices by E-Mail as the Journal will no longer accept "Camera Ready" copies. BUILDING INSPECTOR Internet services at my work station would enable me to network with Federal, State, and Local agencies along with other Building Departments. The ability to easily correspond and network with other agencies relevant to the everyday function of a Building Department is becoming more critical. With the currant work load and staff size Internet links would be very helpful and aid in keeping with the every changing criteria of the industries that Building Departments deal with on a daily basis. Future Internet services on the long-term may some day allow the Department to make available on the Net all of the current paper files per address or parcel numbers, customer information, permit fees, application process and procedures and much more. Within the next two years, I would expect that we may even be able to issue permits, down load plans, process applications and network all our needs over the Net. ' The ability to receive queries from persons with routine planning questions or pre- application requests. I receive approximately five phone calls per week from persons in town or in other cities that would prefer to E-Mail questions or other information to me if it was possible. The ability to post zoning information, planning reports, and other information that must now be copies and mailed, which takes time and money. Posting on the websites would allow people to contact us with the most current zoning information. The ability to receive and store voluminous documents from other planning agencies, such as the design program information mailed to me by the City of Healdsburg. Some agencies are hard-pressed reprint and mail large documents due to cost constraints, but are happy to E-Mail it. Direct contact with planning organizations that sponsor classes, seminars, and other planning-related training, some of which is free. The ability to conduct research on general planning issues or specific items that may or not pertain to our efforts to stay current in Ukiah despite being fairly isolated from the larger urban areas where more dynamic planning processes are occurring. For instance, I have been doing Internet searches at home on such items as "smart growth" ideas, oak tree preservation in urban areas, and hillside vegetation that could all be applied to projects in Ukiah. ELECTRIC The internet would allow the Electric Department to file reports and gather information electronically from various government agencies such as CPUC, FERC, NCPA, and TANC. The ability to E-mail would allow document and drawing exchange with Engineers and architects about development projects within the City. This could even involve plan checking and return of plans to the project designer so they can immediately incorporate City details in their plans. The ability to electronically exchange documents and drawings with the Electric and Sewer/Water Operations Center at the City Corporation Yard. EXAMPLE: Project service calls could be sent to the crew with an attached drawing to be printed out for the crew on an as needed basis. The ability to share real time information such as inventory and updated mapping information between not only the Electric Department but also the Sewer, Water, and Engineering Departments would be a valuable time saving tool. B:INTERNET City of Ukiah Frame Relay, DSL & Pacific Bell Internet Integrated Data Applications ATTA~ B April 21, 2000 Ms. Paulette Klingbeil MIS Coordinator City of Ukiah 300 Seminary Ave Ukaih, CA 95482 Dear Ms. Klingbeil: For City of Ukiah, the response of your data network significantly impacts your continuing success. Your network using FasTrak Frame Relay Service from Pacific Bell will deliver the prompt and cost-effective support you need for peak data performance. How, specifically, can Frame Relay benefit you? Our proposal outlines numerous advantages for you. In addition to the benefits of Pacific Bell's FasTrak Frame Relay Service, you'll enjoy the benefit of long years of leadership in advanced information and telecommunications systems, and our renowned dependability. We offer you outstanding customer service as well. Your satisfaction is important to us, which is why we support you with an account team committed to delivering our best service for you. I look forward to discussing FasTrak Frame Relay Service with you and answering any questions. Sincerely, CARL TARRANT Senior Account Manager Pacific Bell 1.877.827.7268 ATTA~ B City of Ukiah Executive Overview Communities change over time but one thing remains the same: people ask for ever-increasing service and support from their government entities. At City of Ukiah, you move with the times and your citizens' demands. You manage by leveraging technology. The Information Age has brought enormous computing power and communication capability to your desktop. Previously, when you needed access to information from various locations, you connected computers using modems and dial-up telephone lines. This solution worked, but data transferred slowly, and excessive errors often occurred during transmissions. Consider the attributes of FasTrak Frame Relay Service. This service delivers: ~ Flexibility. Frame Relay Service handles applications with different protocols all on the same network. Your network with Frame Relay Service also readily accommodates new locations, new applications, and new capacity requirements. Cl Improved Performance. At 56 Kbps (with options to 1.536 Mbps, T-1 speed, or even more), Frame Relay Service offers faster and more reliable point-to-point service than traditional 9.6 Kbps connections. The following speeds are available: 56 Kbps, 128 Kbps, 384 Kbps, 1.536 Mbps, and 37 Mbps. ~ Migration to A TM (Asynchronous Transfer Mode) Technology. Both Frame Relay Service and ATM transmit data in packets. By using a common method to send information, Frame Relay provides a good base to grow into ATM, the next level of broadband service. With FasTrak Frame Relay Service from Pacific Bell, City of Ukiah can enjoy these same advantages. Restricted - Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. ATTA~ B City of Ukiah Current Environment Governing bodies like City of Ukiah take pride in managing your organization with modem telecommunications equipment and services. One of your primary concems is data -- the need to consolidate equipment and lines, simplify network management, and hold down costs. Currently, a separate network interface and dedicated communications line serve each of your data applications. Typical data applications for government centers such as City of Ukiah involve access to the host computers of revenue, human services, and public safety departments. Connecting the applications to their respective host computers requires multiple dedicated lines and modems or similar access devices. You can depend on Pacific Bell's telecommunications products and services. In the next section we describe our FasTrak Frame Relay Service. Restricted - Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. ATTA~ B City of Ukiah Proposed System FasTrak Frame Relay Service offers City of Ukiah value through a number of strategic benefits and the proven ability to deliver integrated data applications. Frame Relay Service combines various applications from each location using a common network access device and physical network cOnnection. As a result, the location no longer depends on separate application-specific networks. For integrated data applications, Frame Relay Service enables you to consolidate equipment and lines, simplify network management, and hold down costs. The service also boosts reliability by avoiding single points of network failure and moving data over a flexible net of diverse paths. In addition, Frame Relay Service has proven its ability to deliver: Flexible LAN interconnection. Frame Relay Service is ideally suited to LAN-to-LAN connections. Each City of Ukiah LAN tied to the Frame Relay Service network can "talk to" every other connected LAN -- without the need for dedicated circuits. Further, Frame Relay Service offers the flexibility to route and deliver a variety of data protocols from LAN to LAN. This protocol independence allows you to support both LANs and traditional mainframe systems. Segregated LAN and SNA (Systems Network Architecture) systems prove costly and inefficient when compared to the flexibility of Frame Relay. NOTE: LAN = Local Area Networks; SNA = Systems Network Architecture. Internet access. Frame Relay Service offers a flexible, efficient way to provide LAN users at City of Ukiah access to the Internet. With a shared Frame Relay Service connection and router in place at each site, it takes only an additional permanent virtual circuit to make Internet access available. Note: The WAN portion of the network will be aggregated back to the City of UKIAH via DSL RLAN circuits, which will be brought back to the Frame Relay network via technology called FRATM, the max # of DSL circuits that can be brought to a T1 frame relay circuit via FRATM is 8. The Diagram below gives a better understanding and a snapshot of the proposed network and how all the technologies such as Frame Relay, ATM and ADSL all interconnect. It allows a clear migration path to ATM, thus future proofing the system for future applications. Restricted - Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. City of Ukiah Proposed Network Diagram CtTY Of ~ ~ ,*d'~D ~I"TERt~IET ACCESS Frame Retay Tt 1.56en~ ... .... Ci~co 1720 Router Frame Relay Tt I Pacilic Betl Frame Relay III ATM Netw'o~ Porte D ar[l~ert Yard Waste ~,e/ater Treatment G~f~mk$ Restricted - Proprietary Information. Not for disclosure or reproduction except by written agreement. ATTA~ B City of Ukiah Pricing FasTrak Frame Relay Service combines the economy of shared transmission facilities with the control and reliability of a dedicated network. The basic components that make up the price for Frame Relay Service are access circuits consisting of the line and port connecting you to the network and network ports with your port speed configuration. The details of our recommended solution are in the following table. This pricing is based on the CALNET Contract. The Internet portion is included in the below table. A full T1 Frame relay circuit with CIR (committed information rate) of 1.536 MB with full Class C (256 IP addresses) and ISP (Intemet Service Provider) services from PBI. Total Total One-Time Frame Relay Service Qty. Monthly Installation Price T1 Frame Relay & Port 1 $371.00 $1199.00 - WAN T1 Frame Relay & Port 1 $371.00 $1199.00 -Internet Labor & Jack for T1 2 $186.00 ($93.00 per site) I nternet 1 $324.00 $400.00 DSL ($36.00 mo./$324 8 $288.00 $2592.00 install) Grand Total $1354.00 $5576.00 NOTE: Transmission speed for T1 Frame Relay is 1.536Mbps. · Prices do not include Router / Switches / Firewall installation for WAN / RLAN connectivity, this is found on the PBNI network integration Bill of Materials (BOM) Restricted - Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. ATTA~ B City of Ukiah DSL WAN Circuits: ower speed location. 384K 1 544M / 128K $36.00 $324.00 Higher speed location: 1.544M - 6M / 384K $125.00 $324.00 Frame Relay Service enhances the way your data network performs. You gain fast, reliable performance while you conserve costs and receive support from a provider who is committed to responsive customer service. Pacific Bell offers you communication solutions that brings you the greatest value and helps you achieve your business goals. The benefits of the proposed solution is that with the Frame Relay being the connection to the Internet opposed to using 2 Business DSL circuits, Frame Relay is not Asymmetrical in nature and transmits in full duplex mode. Simply put, when the network is being used for bandwidth heavy applications, such as the Police Department applications (fingerprinting) and GIS (JPEG maps), Frame Relay allows full TI speed both upstream and downstream and the speed is CIR defined (Committed Information Rate). DSL allows either 384Kbps or 1.544Mbps downstream and 128Kbps or 384Kbps upstream and is not CIR defined but rather defined as Network Sync speeds. After consultation with the City of Ukiah technical staff regarding the application needs, the Frame Relay WAN and Frame Relay Internet circuits were decided to be the better solution to handle the City's current and future data needs. Internet connection Price Comparison: Frame Relay Internet Circuit versus 2 Business DSL circuits: 1) Administrative 2) Police Department) Frame Relay Internet Circuit to PBI .................. $721.00 ($371.00 TI/Frame Relay & $324.00 Interact) 2 Business DSL circuits to PBI .......................... $646.00 ($125.00 for DSL & $198.00 for Internet access) Restricted - Propdetanj Information. Not for disclosure or reproduction except by wdtten agreement. ATTACgHENT B City of Ukiah Implementation We appreciate the privilege of providing you telecommunication services through Pacific Bell, and we value your confidence in our company. When you choose our solution, we will work directly with you to ensure we completely understand your goals and timelines. We will provide you with a single point of contact so we can address all of your questions and concerns immediately. We will coordinate all phases of your implementation with our internal departments to make sure all products and services are delivered on time and in good working order. DENIS CONDON Senior Account Manager Technical Sales Specialist 15854084 Your Pacific Bell Account Team has one responsibility- meeting your communications needs. The team's experience and training represent all areas of the telecommunications industry. Each member is current on the latest technology and knowledgeable about Frame Relay Service. The team members represent Pacific Bell -- a dynamic, responsive company that will meet and exceed your expectations for quality, service, and reliability. Pacific Bell-- Committed to You and Your Community Pacific Bell believes in keeping the human element in sharp focus. We' re proud to be innovators in technology products and services, but we're equally proud to be serving the broader interests of our people and communities. Pacific Bell, now a part of Southwestern Bell Communications, is a key contributor to the SBC Foundation, which invests more than $20 million a year in programs for academic achievement, community development, health and human services, and cultural activities here in California and around the country. The SBC Foundation also has a community service group called the Pioneers, which has more than 60,000 members. And, we sponsor numerous other programs in California and elsewhere that support education, diversity, and the environment. Part of Pacific Bell's commitment to the community is a commitment to key contributors like goveming bodies. We recognized the needs and trends in this field and committed resources to develop and implement telecommunication solutions. Now, we are your single best source for telecommunications equipment, service, and support. Our products and services meet your needs Restricted - Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. ATTACffi~2qT B City of Ukiah ranging from e-mail and file transfer to cutting-edge applications like videoconferencing and high-capacity trunk facilities. We are pleased to be City of Ukiah's voice and data service provider, and we've supported you in delivering the quality business that is your standard. We look forward to working with you as you expand and develop the scope of your services. CARL TARRANT and the entire Account Team has worked with your staff to develop this proposed solution, and we will remain your point of contact not only for this project, but for the ongoing support necessary for successful day-to-day operations. Restricted - Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. 9 ATTACIIHEN~ B City of Ukiah A Look at Frame Relay Service Customer Location with Multiple Applications Figure 1. Integrating data applications. The top diagram indicates how separate data applications typically require separate lines and equipment to connect to their hosts. As the lower diagram shows, various applications share a single connection to their hosts through Frame Relay Service. Frame Relay With Frame Relay Service Restricted - Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. 10 ATTA~ B City of Ukiah How Frame Relay Service Works To understand the general concept of Frame Relay, let's use a broad comparison to a real-world situation. Think about how most city-dwellers drive to work every day. Most workers usually drive from home to work over a predictable route and are obliged to follow thc roadways, in a sort of pre-determined path. Up overhead, however, thc traffic reporter in his helicopter travels in a much more "virtual" manner with many possible routes, unrestricted by those roadways and with thc advantage of directly reaching his destination. Unlike the commuters below, the traffic reporter can usc the most efficient path with the greatest flexibility. This flexibility equals speed, less potential for error, and predictably reliable arrival. Frame Relay Service data transmissions arc also fast, accurate, and reliable. And they, too, move to their destinations over many possible routes. Like a dedicated circuit, Frame Relay Service establishes a point-to-point connection between two locations. But the comparison ends there, because Frame Relay Service instantaneously sets up data "calls" across a virtual network of shared switches and transmission routes. This instant-by-instant call set-up accommodates thc fluctuating demand for "bursty," high-speed data traffic such as LAN-to-LAN connections. With this capability, customers no longer need to maintain a dedicated data linc for each application that sits idle between bursts of activity. With Frame Relay Service, variable-length frames of information zip to pre-assigned destinations via connections called permanent virtual circuits. To imagine how permanent virtual circuits, pair locations with destinations, think of how a speed calling list links short codes with phone numbers. The protocol or language of the enclosed data has no bearing on the transmission, because the Frame Relay Service network focuses on thc frame and not the bits and bytes it encloses. This protocol independence gives Frame Relay Service more flexibility than single-protocol networks. Each location's Frame Relay Service network connection -- which can handle multiple permanent virtual circuits -- goes to a Pacific Bell Frame Relay Service switch. The following speeds are available: 56 Kbps, 128 Kbps, 384 Kbps, 1.536 Mbps, and 37 Mbps. [Kbps is Kilobits per second; Mbps is Mcgabits per second]. As requirements expand, you can upgrade to a higher bandwidth to address your increased needs. Restricted - Proprietary Information. Not for disclosure or reproduction except by written agreement. 11 Price Quotation Subject to engineering review and change. 1417 DSL Router ATTACHMENT C PACIFIC BELL NETWORK INTEGRATION Bill Of Materials Company Name: Billing Address: City of Ukiah Date: 3/14/00 Contact: Nelwo~'k Location Vendor EQ Number Cisco CISCO1417 Cisco S14C-12.0.7T Cisco CAB-AC Cisco CAB-ADSL-RJ1 lX UNIT DISC EXT DISC. DESCRIPTION QTY PRICE EXT PRICE PRICE PRICE Cisco 1417 ADSL router (Alcatel DMT-2 1 849 $849 $577 $577 interoperable) Cisco 1400 Series lOS IP 1 0 $0 $0 $0 Power Cord, 110V 1 0 $0 $0 $0 ADSL Cable R J11 to R J11, Cross-over 1 0 $0 $0 $0 ITOTAL HARDWARE $5771 PB NI CALNET-INSTALL PB NI CALNET-NE'I-TECH PB NI CALNET- PROJMNGR Basic Device Install $300 Router Configuration $0 Project ManagementJManaged $200 Implementation ITOTAL INSTALLATION AND CONFIGURATION $500 ITOTAL PBNI TES HELP DESK $01 Cisco CON-SNT-14XX ITOTAL SMARTNET MAINTENANCE SMARTnet 8x5xNBD for Cisco 7206 $135 Modular Router Project Grand Total Total (X8) THESE PRICES FOR PRODUCTS AND SERVICES ARE VALID FOR __30__ DAYS FROM THE DATE POSTED ABOVE. Note: Pricing based on State of California New CALNET Contract between Pacific Bell, MC/Worldcom and Department of Genera/Services. Contract No. CNT-O01; Valid from 12/04/98 through 12/03/2005. http://www.calnetinfo.com Budgetary Pricing Only. Subject to design review. Fax Copy of Purchase Order To: Steve McDermott (925-828-0333) Send Original Purchase Order To: Pacific Bell Network Integration 6375 Clark Ave. Dublin, CA. 94568 Atten: Raj Shah Price Quotation Subject to engineering review and change. Switch ATTACHMENT D PACIFIC BELL NETWORK INTEGRATION Bill Of Material~ Company Name: Billing Address: City of Ukiah Date: 3/14/00 Contact: Netwerk Location Vendor EQ Number DESCRIPTION UNIT DISC EXT DISC. Cisco WS-C2924-XL-EN Cisco CAB-AC 24-port 10/100 Switch (Enterprise Edition) 1 Power Cord, 110V 1 1,995.00 $1,995 $1,357 $1,357 0 $0 $0 $0 JTOTAL HARDWARE $1,357 PB NI CALNET-INSTALL Basic Device Install PB NI CALNET-NETTECH Router Configuration PB NI CALNET- Project Management/Managed PROJMNGR Implementation ITOTAL INSTALLATION AND CONFIGURATION $300 $0 $0 $300 I PB NI CALNET-TES 8x5 PBNI Technical Assistance Help Desk Support Router & T1 Circuit (SPOC) - Annual TOTAL PBNI TES HELP DESK $80 $8oI Cisco CON-OS-WS-C29XX OS Service,WS-C2908-XL,2916M- XL,2924C-XL,2924-XL switches ITOTAL SMARTNET MAINTENANCE 409 Project Grand Total I $2,145 THESE PRICES FOR PRODUCTS AND SERVICES ARE VALID FOR __30__ DAYS FROM THE DATE POSTED ABOVE. Note: Pricing based on State of California New CALNET Contract between Pacific Bell, MC/Worldcom and Department of General Services. Contract No. CNT-O01; Valid from 12/04/98 through 12/03/2005. http://www.calnetinfo.com Budgetary Pricing Only. Subject to design review. Fax Copy of Purchase Order To: Steve McDermott (925-828-0333) Send Original Purchase Order To: Pacific Bell Network Integration 6375 Clark Ave. Dublin, CA. 94568 Atten: Raj Shah Price Quotation Subject to engineenng review and change. 1720 Router ATTACHMENT E PACIFIC BELL NETWORK INTEGRATION Bill Of Material~ Company Name: Billing Address: City of Ukiah Date: 3/14/00 Contact: Netwerk Location Vendor EQ Number Cisco CISCO1720 Cisco CAB-AC Cisco WIC-1DSU-T1 Cisco S17C-12.0.5T DESCRIPTION 10/100BaseT Modular Router w/2 WAN slots & Cisco lOS IP SW Power Cord, 110V 1-Port TI/Fractional T1 DSU/CSU WAN Interface Card Cisco 1700 Series lOS IP UNIT DISC EXT DISC. QTY PRICE EXT PRICE PRICE PRICE 1 1,195.00 $1,195 $813 $813 1 0 $0 $0 $0 1 1,000.00 $1,000 $680 $680 1 0 $0 $0 $0 ITOTAL HARDWARE $1,493 PB NI CALNET-INSTALL Basic Device Install PB NI CALNET-NETTECH Router Configuration PB NI CALNET- Project ManagementJManaged PROJMNGR Implementation F~)TAL INSTALLATION AND CONFIGURATION $300 $5OO $4OO $1,200 PB NI CALNET-TES 8x5 PBNI Technical Assistance Help Desk Support Router & T1 Circuit (SPOC) - Annual ITOTAL PBNI TES HELP DESK $88 $881 Cisco CON-OSP-1720 ITOTAL SMARTNET MAINTENANCE OSP Svc, 10/100BaseTX Mod Router w/2 WAN slots & lOS IP SW 549 $549 Project Grand Total I $3,329 Total (x2)[ $6,658 THESE PRICES FOR PRODUCTS AND SERVICES ARE VALID FOR __30__ DAYS FROM THE DATE POSTED ABOVE. Note: P#cing based on State of California New CALNET Contract between Pacific Bell, MCI Worldcorn and Department of General Services. Contract No. CN T-O01; Valid from 12/04/98 through 12/03/2005. http://wYwv.calnetinfo.com Budgetary Pricing Only. Subject to design review. Fax Copy of Purchase Order To: Steve McDermott (925-828-0333) Send Odginal Purchase Order To: Pacific Bell Network Integration 6375 Clark Ave. Dublin, CA. 94568 Atten: Raj Shah Price Quotation Subject to engineering review and change. PIX-515R Firewall ATTACHMENT F PACIFIC BELL NETWORK INTEGRATION Bill Of Material~ Customer Name: City of Ukiah Address: Date: 2/21/00 Contact: ~FICUBELL. Network Location Vendor EQ Number Library Public IntemetCisco PIX-515 Access 101021-10-RJ45 Graphics Access NW5LG-14 Graphics DESCRIPTION PIX Firewall 515R Bundle (Bundle includes PIX 515 Firewall, 200 MHz CPU, 32MB RAM, 2 integrated Ethernet interfaces, PIX 515 Restricted software (supports only two Ethernet interfaces and no Failover Services) Crossover Ethernet Cable 10 Feet Ethernet Patch Cable QTY 1 UNIT DISC EXT DISC. PRICE EXT PRICE PRICE PRICE iGRADNTOTAL HARDWARE $7,495 $7,495 $7,495 $7,495 1 $0 $0 $0 $0 2 $0 $0 $0 $0 $7,495 PB NI INSTALL ITOTAL INSTALLATION AND CONFIGURATION Installation, Project Management and Configuration of PIX 515R Bundle Pricing Included Included PB NI TECH-ASSIST ITOTAL PBNI TES HELP DESK PBNI Technical Assistance 7X24 Help Desk Support Router & T1 Circuit (SPOC) - Annual Bundle Pricing Included Included CVSI Onsite Maintenance On site 7x24 for PIX-515R Bundle Pricing 24x7 ITOTAL SMARTNET MAINTENANCE Included Total Each Included $7,495 1 544,990 (X2) THESE PRICES FOR PRODUCTS AND SERVICES ARE VALID FOR 30 DAYS FROM THE DATE POSTED ABOVE. Note: Pricing for this PIX515R Bundle is a bundled price. Any deviation from the product bundle will cause pricing to significantly increase for this Firewall Bundle. Fax Copy of Purchase Order To: Steve McDermott (925-828-0333) Send Original Purchase Order To: Pacific Bell Network Integration 6375 Clark Ave. Dublin, CA. 94568 Atten: Raj Shah LLI E e~ m o Z ~ ~ Z E E< -- o o Z~ , ~~ '- ~ ~< ~-- ~ o~ ~ ~ o~ ~ ~ ~ ~~ 8~o < ~ E ~_ [~ ~ ~ ~z :a'- E~Eg: ~~ ~~ ccc 0 ~ 0~0 0 ~ ~ 0 ~ 0 0 0 0 0 0 . . ~000~~~~~ X X ', : ',,, : : ', : : : : ', ,, : ', ., 0 0 0 0 0 ~ § 8== ATTACHMENT G Budget Amendment Worksheet ASSET REPLACEMENT RESERVE - FUND #698 Bud,qeted amounts: Beginning fund balance 7/1/99 From Gen Govt Buildings Ambulance payment from fire dept From Police Dept From Streets Dept From Parks Dept From Loan Proceeds - computer From Finance Dept Finance dept equipment Building Dept- Storage building Parks equipment Budgeted ending fund balance 6/30/2000 $ 504,213 $ 13,500 $ 18,969 $ 27,500 $ 20,000 $ 10,000 $ 375,000 $ 65,000 $ (380,000 $ (245,000) $ (20,000) $ 389,182 Adjustments made durinq the fiscal year: Date Approved Account No. 7/1/99 Change in beginning fund balance per audit 698.275.XXX $ 170,215 7/1/99 Encumbrances from prior year 698.2XXX.XXX.XX $ (110,776) 10/6/99 Fire training tower project costs 698.2101.800.000 $ (4,737) 1/19/00 Transfer from General Fund for AS400 purchase 698.281.100 $ 130,696 1/19/00 Reduce proceeds from borrowing 698.0900.970.000 $ (130,696) 2/16/00 Bureau of Justice Assistance grant 698.0600.488.000 $ 3,000 2/16/00 Purchase of body armor 698.2001.800.000 $ (7,252) 3/1/00 Transfer from Gen. Fund for LAN/WAN hardware 698.281.100 $ 17,000 3/1/00 Purchase of LAN/WAN hardware 698.1965.800.000 $ (17,000) 5/3/00 Transfer from Gen. Fund for LAN/WAN hardware 698.281.100 $ 41,700 5/3/00 Purchase of LAN/WAN hardware 698.1965.800.000 $ (41,700) Revised ending fund balance 6/30/2000 $ 439,632 I Fund Balance Analysis Fund Transfers Begin. Fund Fund Balance In & Balance Balance 7/1/99 Income Expense Adjustments 6/30/00 General Government Buildings $232,370 13,500 (251,788) 16,145 $ 10,227 Police 16,564 30,500 (102,611) 104,396 $ 48,849 Fire (39,385) 18,969 (13,367) 10,737 $ (23,046) Building Inspection 10,000 - $ 10,000 Engineering 25,000 - $ 25,000 Streets 70,056 20,000 - $ 90,056 Parks 24,190 10,000 (20,000) 6,001 $ 20,191 Finance 59,000 440,000 (380,000) 25,012 $ 144,012 Corporation yard 106,418 - $ 106,418 Computer Support - 58,700 (58,700) 7,926 $ 7,926 TOTAL $504,213 $591,669 $(826,466) $ 170,216 $ 439,632 Reserv00 4/26/00 Page 1 Funds 696; 697; 698 ATTACHMENT G Budget Amendment Worksheet GENERAL FUND #100 $ 1,241,426 $ 7,029,785 $ (7,172,800) $ (245,712) Bud.qeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Expenses budgeted Transfers In/(Out), at net Loans to other funds Budgeted ending fund balance 6/30/2000 $ 852,699 Adjustments made durinq the fiscal year: Date Proposed Account No. 7/1/99 Change in beginning fund balance per audit $ 645,339 7/1/99 Encumbrances from prior fiscal year 100.XXXX.XXX.XX $ (48,996) 8/4/99 Transfer match to P/TA Grant - Fund #333 100.283.333 $ (7,000) 1/19/00 Transfer for AS400 purchase 100.283.698 $ (130,696) 2/16/00 Police MOU 100.2001.Prsnl $ (35,850) 2/16/00 Task Force officer- Police MOU 100.2080.Prsnl $ (1,762) 2/16/00 Police Reserves- Police MOU 100.2090.Prsnl $ (82) 2/16/00 Transfer to COPS Grant for Police MOU 100.283.206 $ (3,648) 2/16/00 Increased Dispatch cost- Police MOU 100.XXXX.310.000 $ (8,251) 2/16/00 Add medicare omitted from adopted budget 100.1201.154.000 $ (1,204) 2/16/00 Add medicare omitted from adopted budget 100.1965.154.000 $ (726) 2/16/00 Record scanning system for City Clerk 100.1101.800.000 $ (37,900) 2/16/00 Application fee for LAFCO Sphere of Influence determination 100.1501.250.000 $ (3,000) 2/16/00 Investment Advisor fees 100.1910.250.000 $ (17,700) 2/16/00 Tools for Building Attendant 100.1915.440.000 $ (1,225) 2/16/00 Conference Center rental by other City departments 100.1990.300.000 $ (10,000) 2/16/00 Tree removal in City parks 100.6001.250.000 $ (5,000) 2/16/00 Museum vandalism/robbery expenses 100.6150.692.000 $ (1,450) 3/1/00 Transfer for LAN/WAN 100.283.698 $ (17,000) 5/3/00 Transfer for matching funds for 99EDBG-658 grant 100.283.333 $ (1,750) 5/3/00 Transfer for LAN/WAN & Internet access hardware 100.283.698 $ (41,700) Revised Budgeted Ending Fund Balance 6/30/2000 $ 1,123,098 ReservO0 4/26/00 Page 1 Funds 100; 110; 115; 130; 131 AGENDA SUMMARY ITEM NO. lOa DATE: May 3, 2000 REPORT SUBJECT: RECEIVE FOR COMMENT PROPOSED MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY 2000-01 FISCAL YEAR BUDGET Submitted for the City Council's comment is the proposed Mendocino Solid Waste Management Authority (MSWMA) 2000-01 Fiscal Year Budget. No action is required by the City of Ukiah, as the MSWMA budget does not include any appropriations from its member jurisdictions. However, the Council may wish to comment on particular programs contained in the Budget, as well as the level of funding appropriated to the various programs. After receiving comments from all the member jurisdictions, the MSWMA Board will take action on this proposed Budget. City staff takes no exceptions to MSWMA's proposed Budget, as there are very few changes proposed from the 1999-00 approved Budget. This Budget does not include proceeds from the possible sale of MSWMA's 9.3 acre parcel on North State Street, which was acquired in 1996 as a possible Transfer Station site. Though now listed for sale, MSWMA owes $443,000 on the property. No debt service is included in the proposed 2000-01 Budget. Also enclosed for Council's review, is MSWMA's Annual Report on its activities to the member jurisdictions in 1999-00. Michael Sweeney, General Manager of MSWMA, will be in attendance at the Council meeting to make a short presentation and to answer any of Council's questions. RECOMMENDED ACTION: Consider MSWMA's 2000-01 Budget, and direct comments to MSWMA. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. N/A Citizen Advised: Requested by: Prepared by: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager 1. MSWMA's proposed 2000-01 Fiscal Year Budget and Annual Report 2. MSWMA's 1999-00 Fiscal Year Budget APPROVED: ~, ~ Candace Horsley, Cit~ Manager 4/Can. ASMSWMA1.400 Mendocino Solid Waste Management Authority Annual Report / Budget Review April, 2000 This report on MSWMA's activities is provided to the member jurisdictions to accompany the tentative 2000-2001 fiscal year budget. Since its formation as a joint powers authority in 1990, MSWMA has camed out projects m the solid waste field which allow the four member jurisdictions to fulfill state mandates at lower cost, through cooperation. 30% post consumer content recycled paper A. MSWMA Services MSWMA continues to experience a rising demand for its services. 1. HazMobile household hazardous waste collection. In 2000, the HazMobile has 51 collections days scheduled in Mendocino County at 10 locations. There are another 22 collection days scheduled in Lake County at 7 locations. Participation in the HazMobile program continues to increase. (See Exhibit A) The vehicle count rose 10% in 1997-98, and another 9% in 1988-99. The amount of hazardous waste which is received by the HazMobile also continues to grow (See Exhibit B), increasing 15% in 1997-98 and another 16% in 1998-99. The HazMobile is one of the most successful mobile HHW programs in California. In 1998, the state gave the program an award as its Outstanding Rural Household Hazardous Waste Program. MSWMA has been able to handle the rising participation within the available funding by a series of innovations: · A hydraulic paint can crusher was added in 1998, doubling the speed with which technicians can bulk paint. · MSWMA's contract for hazardous waste disposal was rebid in 1999, resulting in a substantial reduction in costs by switching to a new hauler, Philip Services Corporation. · An additional truck was acquired in 1999, paid for by state grant funds, which has saved technician time and elhninated the need to rent trucks. * An aerosol can recycling machine was donated to MSWMA in March, 2000, by the manufacturer. This should reduce costs by allowing MSWMA to process aerosol cans on site, instead of slfipping them to a centralized aerosol can processor. 2. Latex Paint Recycling Program One of the most common items brought to the HazMobile is latex paint. Much of it can be reused. Rather than dispose of it, the HazMobile recycles latex paint by bulking it in drams, distributing it for free in 4-gallon plastic buckets donated by Mrs. Dennson's Cookies. The paint has been given away to schools, churches, community groups, MSWMAAnnual Report. April 2000. Pa~ 2 Exhibit A Number of vehicles attending HazMobile collections 96-97 97-98 98-99 MSWMA Annual Report · April 2000 · Page 3 Exhibit B Pounds of hazardous waste collected by HazMobile O- 96-97 97-98 98-99 MSWMA Annual Report · April 2000 · Page 4 Exhibit C Business & agency hazardous waste transactions with HazMobile 140- 144 81 98 62 1997-98 1998-99 1999-00 MSWMA Annual Report · April 2000 · Page 5 Exhibit D Household appliances serviced by HazMobile technicians 2503 2275_ 1239 0--- 1998 1999 2000(rate based on first quarter) MSWMA Annual Report · April 2000 · Page 6 Exhibit E Coastal cleanup day participants in Mendocino County 94 177 414 [] Series1 'I 1997 1998 1999 MSWMA Annual Report · April 2000 · Page 7 ranchers and individuals, and there is a waiting list. The total quantity given away now exceeds 25,000 gallons. 3. Business hazardous waste The HazMobile also serves businesses and agencies which generate less than 220 lbs. of hazardous waste per month ("Conditionally exempt small quantity generators"). Although business HW isn't taken for free like household HW, MSWMA's policy has been to subsidize this activity by charging only the marginal cost of disposal per gallon. This is usually a small business's cheapest option, or only option. Business and agency participation has grown rapidly, from 62 transactions in 1997-98 to 144 transactions in the last 12 months (see Exhibit C). . Businesses & agencies may bring their hazardous waste to the regular HazMobile collections, by appointment, or may also go directly to the HazMobile base facility in Ukiah on weekdays. The County Environmental Health Division, which regulates business hazardous wastes, makes many referrals to the HazMobile's service. MSWMA looks forward to continued steady growth in this service. 4. Appliance hazardous waste service State and federal laws require removal of refrigerants Cfreon") and oils from major appliances prior to recycling. A hazardous waste fee was being charged on each refrigerator until 1998, and this helped drive up the cost to the public and caused more illegal dumping. Beginning on December 31, 1997, MSWMA has provided all hazardous waste removal from appliances in Mendocino County at no charge. Currently, MSWMA goes to six recycling/disposal facilities to provide appliance service. The workload has increased steadily, doubling since the first year (see Exhibit D). Prices charged to the public for recycling appliances have dropped due to the MSWMA program, and there is a noticeable reduction in the illegal dumping of refrigerators. In 1999, the State of California gave MSWMA a Program Innovation Award for the appliance hazardous waste program. 5. Illegal dump cleanup MSWMA responds to all illegal dumping complaints in Mendocino County, by residents, businesses, or other government agencies. MSWMA has a dump trailer for this activity, and specialized equipment like truck-mounted power winches. The work is done by the H zMobile technicians when their schedule allows, with the assistance of jail inmates. MSWMA also posts bilingual "No Littering" signs. MSWMA Annual Report · April 2000 · Page 8 In 1999, MSWMA performed roadside cleanup at 173 locations throughout Mendocino County. Dumping is tmder better control than it has been for many years, despite the pressures of higher disposal site fees, migrant workers, and strong economic pressure on lower-income people generally. In addition to its own cleanup work, MSWMA supports volunteer cleanup by groups and individuals. Since 1994, MSWMA has reimbursed disposal site fees for such groups. MSWMA also participates in the state-funded Farm & Ranch Cleanup Grant Program, which is used for larger illegal dump projects like the Windy Hollow Road dump near Point Arena. In 1998, the State Coastal Commission asked MSWMA to take over coordination of the annual California Coastal Cleanup Day for Mendocino County. This involves mobilizing groups and individuals to undertake a one-day cleanup blitz on the county's 28 beaches. Since MSWMA took over coordination, participation has quadrupled (see Exhibit E). This year, Coastal Cleanup Day is Saturday, September 16. MSWMA has an ongoing program to close off vehicular access to areas where illegal dumping has been a problem. Most recently, this included cooperation with County Transportation Department to restore berms around the approach acreage to Little River Airport, and the proposed closure of Big Trails Drive which is an unused loop off Highway 101 north of Willits. 6. Electronics Recycling In March, 1999, MSWMA started a free electronics recycling program with six drop-off locations around the county. MSWMA consolidated the collected material in a shipping container at the HazMobile base facility in Ukiah, which was sent to China. There was no charge to MSWMA for transportation or recycling. The program was very popular, with 200 tons collected in one year. In March, 2000, however, MSWMA was informed the Chinese government had banned the import of scrap electronics, so the program was suspended. MSWMA and our recycling broker are looking for an alternative reycling market. The program is likely to be resumed at some point the future, not only as a recycling oppommity, but in response to the toxic wastes contained in most electronics. The State of Massachusetts has banned television tubes from disposal due to their high lead content. 7. Used oil grant program administration MSWMA has administered the used oil block grant on behalf of its members since 1994. These funds are generated by the state's surcharge on motor oil sales, and are available for a wide variety of purposes related to used oil recycling. MSWMA Annual Report · April 20(~ · Page 9 MSWMA continues to use these funds to purchase new oil tanks for recycling centers and disposal sites, to pay the used oil recycling charges incurred by those facilities, and to pay for advertising for HazMobile collections. A future use will be funding our part- time canvassers for used oil point-of-sale outreach. 8. Backyard composting promotion Home composting of food and yard waste is a significant way for households and institutions to make less waste. Promotion of backyard composting is an element in the Countywide Integrated Waste Management Plan which MSWMA has been carrying out for eight years. ~ MSWMA continues to sell the Garden Gourmet compost bin at cost ($37.50), which is less than one-half the retail price. More than 600 bins have been purchased by county residents. Distribution points are the recycling centers in Ukiah, Willits, and Fort Bragg, which display a model of the compost bin and forward receipts to MSWMA. MSWMA also provides composting seminars, compost bin designs for do-it-yourselfers, and special assistance for school composting projects. One of our recycling canvassers, Karen Gridley, is a certified Master Composter, and our other canvasser, Linda Cushman, has worked for many years selling compost products. 9. AB 939 recycling promotion & public education With the arrival of the State's recycling mandate of 50% for the year 2000, there has been new interest in recycling promotion. MSWMA provides the annual Recycling Guide, the toll-free Recycling Hotline (800 246 3939), the recycling website www.mendoRecycle.org, and person-to-person outreach by recycling canvassers. Target audiences for the canvassers' work have included businesses, apartments, and schools. Expenditures for canvassing work increased in 2000 with the addition of a more experienced employee, and more hours of work for these part-time positions. MSWMA will respond with "hands-on" assistance for any business or agency which wants to increase its recycling. As the franchised haulers improve their recycling services, MSWMA will promote these services, door-to-door, to help waste generators reduce their garbage bills by waste diversion. New beverage container recycling legislation in 1999, SB 332, added a recycling block grant program to fund activities by local governments. MSWMA is applying for these funds on behalf of its member jurisdictions, and will apply them to buy-back MSWMA Annual Report · April 2000 · Page 10 opportunities at county transfer stations, and improved sidewalk recycling containers in the cities. 10. AB 939 reports, monitoring, planning AB 939 requires a plethora of reports and plans from California cities and counties. MSWMA has prepared every AB 939 document on behalf of its members since the law went into effect, and continues to do so on a quarterly basis with the countywide disposal reports, and annually with the mandatory Annual Report for each jurisdiction. A portion of the Countywide Integrated Waste Management Plan, the Nondisposal Facility Element, was amended in 1999 to assist in the permitting of the Ukiah and Willits transfer stations. , The reporting and planning function is particularly important in the year 2000, because the jurisdictions may need to file requests for time extensions to comply with the 50% mandate. Such requests must be accompanied by a detailed "Plan of Correction" which persuades the California Integrated Waste Management Board the jurisdiction will meet 50% by the end of the time extension. To assist the jurisdictions in designing these plans, MSWMA sent detailed lists of options to each jurisdiction in March, 2000, and is ready to assist the jurisdictions in evaluating the most cost-effective choices for AB 939 compliance. B. Budget Overview The tentative 2000-01 budget projects a slight decline in both revenues and expenditures compared to the previous year's budget. The budget doesn't include proceeds from the possible sale of MSWMA's 9.3 acre parcel at 3401 N. State Street, which was acquired in 1996 as a possible transfer station site. The property was listed for sale in March, 2000. MSWMA owes $443,000 on the property, and has been paying debt service of $54,225 per year. No debt service is included in the tentative 2000-01 budget. C. Revenues About one-half of MSWMA's revenue comes from the surcharge on solid waste disposal of $5 per ton, and one-half from state grants, charges for hazardous waste service, interest, and miscellaneous sources. The surcharge was originally set at $6 per ton in 1992, and was reduced in two stages in 1998 and 1999. The MSWMA Board will reevaluate the necessary level of the surcharge MSWMA Annual Report · April 2000 · Page 11 following sale of the North State Street property. Since the surcharge is paid only on waste disposal, increasing recycling efforts will tend to reduce income from this source. Revenue detail is shown on Exhibit F. D. Expenditures The primary change in expenditures is related to state grant funds. The Used Oil Block Grant will be applied to fund payroll for the recycling canvassers, in addition to existing uses including oil recycling charges, advertising, and new oil tank acquisition. A new expenditure category is $34,000 for the SB 332 recycling block grant. Expenditure detail is shown on Exhibit G. E. Staffing MSWMA has four full-time employees and two part-time employees: Full-time: General Manager, 3 Hazardous Waste Technicians Part-time: 2 Recycling Outreach Specialists F. Governance MSWMA is governed by a Board of Directors consisting of two County Supervisors and one councilman from each city. Current Board members are: Bruce Burton, City of Willits (Chairman) Patficia Campbell, County of Mendocino (Vice-Chair) Michael Delbar, County of Mendocino Jim Mastin, City of Ukiah Vince Benedetti, City of Fort Bragg MSWMAAnnual Report · April 2000 · Page 12 EXHIBIT F MSWMA 2000-2001 FISCAL YEAR BUDGET · REVENUES 99-00 Budget Proposed 00-01 REvENuES ................. audget, Household H~rdOus Wasie Grant ......... 76,335 ' ' -41,~135 ....... b:Sed o~ ~o~ G~ant ..................... 78,485 85,000 Recycling Bl~,k' Grant (SB'332) ........ 34,b00 ....... HHW ,S,en/ic,e (I;., ,ake County',, small'biz) ' ' ' 91',000 .... 91 i000 ' ' Interest. ,.... ,, ...... '., , .13' ,'0'0 0 ....... ~ 3~0~0 ..... Revenue, misc. 600 Sale~, ~,ornpost bin ......... 3,000 .... 3,360 " ' Surcharge ........... 26,5,000 ..... ,2651000 ....... Tr~Sfer',from'D.ebt ,S~e, Reserve ............ ' 22,800 ........ ' , ToTAL,,,REVE~IUES' , ',_",,"',, ' ..... 550;220" ',, .,532,,69~, , ,' ........ (Does not include anticipated revenue from sale of real property at 3401 N. State Street, or disposition of net proceeds from sale after repayment of principal balance of loan to Westamerica Bank.) NOTES ON REVENUES Household hazardous waste grant. The original grant was $76,335, of which $35,051 was spent in 99-00 for the flatbed truck purchase. The balance of the grant, $41,335, can be carried over to 00-01 and spent for the HazMobile facility expansion. Used oil block grant. The entire block grant due to MSWMA members is paid in advance. A carry-over of $49,000 from 99-00 unspent funds will be added to the 00-01 grant of $36,000, for a total 00-01 available funds of $85,000. This money can only be spent on specified purposes related to used oil recycling Recycling block grant (SB 332). This is a new grant program restricted to beverage container recycling activities. Allocations for MSWMA members will be $34,000. HHW Service. Budgeted at current level. Includes payments by Lake and Sonoma County for HazMobile collections, plus business hazardous waste service. Interest Budgeted at current level. Paid by County Treasurer on MSWMA funds on deposit. Revenue, misc. Budgeted at zero. This has been primarily rent payments by Gregg Simpson for 3401 N. State Street, expected to end by 00-01. Sales, compost bin. Budgeted at current level. Sales at cost of backyard compost bins. Surcharge. Budgeted at current level. EXHIBIT G MSMWA 2000-20001 FISCAL YEAR B[JDGET-- CONTINUED , , , , , , ~-... · ~.,~V~.,~'~.,IL--- I -- Proposed ' ' EXPENDITURES' , " 99;00 Budget 00-01 Budget , A~edising ' ' " 8,000 .... 4,000 ' ' ~Ame~E~'s~ns~ship .'..'.' .. ' .. 7,0b0 ...... Audit .. 2,~50 '3,~0 ' .. C~st bin P~chas~' 3,36b 3,360 D~ s~e'(~0i, N. S~a~e s~) '. . .... ' 27,113 ...... 'Ei~{}~Y ..... 200 "200 ' Fuel ......... 2,~ 0~ ..... 4,000 ' ' ' Hea,h i~'ura~e .............. ~ ,, ,~ ~ ~ , 8,300 9,504 'HHWdb~ ...... 95,000 ' ' .90,000 ....... HHW fadl~,~ova,,~ ,,, ' ...... 41,284 ' ' 41,284 ' ' HHW s~i~ ' 20,0.00 .... 17,000 " IIl~'d~p cl~up f~ & ~{S ' . . 9,~0 ..... 4,00q ...... Li~iI~ i~Ur~e ..... 8,000 '9,~0 .... Miscellanies ................. 5,000 ' 5,~0 "' -0~e s~i~. ........ ~,200 .... 2;500 ..... Oil gr~ e~E~, genial ......... 11',300 ' Oil r~ycl~ tan~"a~uis~iOn .......... ' ....... 15,000 28,000 . Pa~oll'e~m~, oil ~a~ .......... '" 45,~00 .... Pa~oll e~s~,'r~ui~ ....... . . 1'69,600 ' ~ 64~716...... Poll~loh' ins~a~ ' . '23;.~64 ......... ~ ............ P~tage 1,700 ' . . 1',700 .... Pr0f~si0n~ s~~ ....................... ~ , ,, , ~ ,, ,, _printing "5,000 "5,0~0 ' ' - R~cli~ Bl~Gra~e~~~ . '"'.'" ' '"34,000 ' ' ' Rent .............. 3,~20 ..... ~,720 . , '. sa~ t~ ' 2b0 ..... 200 TelePh°n~ .......... ~,~00 .... 6,500 ...... 'Traini~~ ............ 600' ' " 1,~0 " ' Tr~i~o a~a,~ ~ .... 9,'000 ' ' ' ~,~b ' ' ' Tr~h ~al ".. ' '. . ' 1,500 " ' 1,00~ ' ' ' T~kA~U~i°n' ..~ . ,I . ' . 3~,0~.~' '..' . ' ........ 'Veh~le mai~ena~e .... ~,~0 . 5,000 ' ' ~ , V~ide mi~e ........ 4,200 4,200 ' w~S,,c~~a~o, ~a~ , , ,,, , ',',,'s,s0o ,,.".~. ,' '8.9!~ ..... ', ~OTAE EXpE'NDI'~u. REs ..... . ......... 525;642 '.." 522.~79~" ' RESERVE FOR C~'HNG~NC!ES '" ....24,57$ .'.'~' . .... 9,.~99 .. ' ~ , ,. ,, , , , ,,, ~ , , ~ . , . NOTES ON EXPENDITURES Advertising. Reduced. Most advertising expenditures will be oil recycling-related and charged under "Oil grant expenditures, general." Americorps sponsorship. Zero. Discontinued in 99-00 due to inability of Americorps to provide suitable Audit. Small increase projected. Compost bin purchases. Budgeted amount represents one shipment of 96 bins to be sold at cost. Debt service, 3401 N. State Street. Expected to be eliminated for 00-01. Electricity. Budgeted at current level. Service at HazMobile base. Fuel. Increase due to additional truck, more illegal dump cleanup activity, and electronics recycling program. Health insurance. Increases reflect higher premium levels. HHW disposal. Decreased duc to portion of anticipated savings from on-site processing of aerosol cans using the Aerosolv machine, instead of paying to have cans shipped out for recycling. HHW facility improvement. These expenditures weren't made in 99-00 and are carried over to 00-01. Illegal dump cleanup fees & costs. Reduced because free dumping for MSWMA is provided at some disposal locations and this has cut our costs. Liability insurance. Small increase expected due to enlarged HazMobile base facility. Miscellaneous. Budgeted at current level. Office supplies. Small increase due to more recycling outreach activities. Oil grant expenditures, general. Some costs chargeable to used oil recycling grant. This includes oil recycling costs for four drop-off locations plus HazMobile used oil collection; plus some advertising costs. Oil recycling tank acquisition. Tanks for South Coast Landfill, Caspar Transfer Station, Willits Transfer Station, Westport Transfer Station. Chargeable to the used oil grant. Payroll expenses, oil grant. Our recycling outreach specialists will be reclassified as used oil education specialists, and their wages will be chargeable to the used oil grant. Payroll expenses, regular. Includes manager and 3 technicians at current compensation levels plus 2% cost of living increase, plus extra help laborer if neede& Pollution insurance. Zero, because policy prepaid by MSWMA to last until June 30, 2002. Postage. Budgeted at current level. Printing. Budgeted at current level. This covers annual Recycling Guide and certain other printing that can't be charged to used oil recycling grant. Recycling Block grant expenditures. The SB 332 grant will be used for improvements at county transfer stations for buy-back recycling service, and to purchase new sidewalk recycling drop-off containers in the cities. Rent. Budgeted at current level. MSWMA office rent. Sales tax. Budgeted at current level. Tax on sale of compost bins. Telephone. Decreased slightly due to switch to MCI for toll service and 800 number. Training fees. Increased to reflect likely costs for required OSHA trainings. Transfer to depreciation fund. Budgeted at current level. Vehicle maintenance. Increased due to addition of 2"d track, aging of 1't truck, and increased use. Vehicle mileage. Budgeted at current level. Covers manager's and outreach specialists' use of own vehicles. Workers compensation insurance. Increased due to higher rates and greater combined payroll. MSWMA- BUDGET, 1999-2000 FISCAL YEAR REVENUES Grants 35,000 HHW Service (Lake County, small biz) 91,000 Interest 13,000 Revenue, misc. 600 Sales, compost bin 3,000 Surcharge 265,000 Transfer from Debt Service Reserve 22,800 TOTAL REVENUES 430,400 EXPENDITURES Advertising' 3,000 Arnericorps sponsorship 7,000 Audit 2,750 Compost bin purchases Debt service (3401 N. State Street) 3,360 27,113 Electricity 200 Fuel 2,100 Health insurance 5,500 HHW disposal 80,000 HHW supplies .20,000 Illegal dump cleanup fees & costs 9,000 Liability insurance 8,000 Miscellaneous 5,000 Office supplies 2,200 Oil recycling tank acquisition Payroll expenses 7,500 169,600 Pollution insurance 11,000 Postage 1,700 Printing 5,000 Rent 3,720 Sales tax 200 'i'elephone 7,000 Training fees 600 Transfer to depreciation fund 9,000 Trash disposal 2,500 Vehicle maintenance 4,000 Vehicle mileage 4,200 Workers compensation insurance 6,500 TOTAL EXPENDITURES 407,743 RESERVE FOR CONTINGENCIES 22,657 ITEM NO. 10b DATE: May 3, 2000 AGENDA SUMMARY REPORT SUBJECT: SAFE ROUTES TO SCHOOL (SAFE) GRANT APPLICATION FOR REALIGNMENT OF THE GOBBI STREET/BABCOCK LANE/OAK MANOR DRIVE INTERSECTION FOR PEDESTRIAN AND BICYCLE ACCESS Submitted for the City Council's information is a copy of the preliminary plan used in the Safe Routes to School (SAFE) Grant Program Application for realignment of the Gobbi Street/ Babcock Lane/Oak Manor Drive intersection to provide for pedestrian and bicycle access. Council had tentatively approved a scaled down version of the reconstruction of this intersection to provide for pedestrian access on the north side of the intersection. The Safe Routes to School Grant Program is a new safety demonstration program that was created by the enactment of AB 1475 and calls for Caltrans to establish and administer a construction program to use federal transportation funds for bicycle and pedestrian safety and traffic calming projects. The grant is available to local governmental agencies based on the results of a statewide competition that requires submission of proposals for funding, which will be rated on several defined factors. This grant will fund improvements up to $500,000, allowing the City to address the larger scope of the improvements at this intersection. This larger scope is to realign the intersection to provide for adequate width and identified crossings on all legs of the intersection such that pedestrians and bicyclists have a safe corridor to the Oak Manor School. The application was submitted on April 26. The Gobbi Street corridor from Dora to Riverside Park was identified as the third highest priority for bikeway improvements in the City of Ukiah, Bicycle and Pedestrian Master Plan, adopted in February, 1999. The proposed project is to realign the intersection so that all four legs are more in alignment and to widen the street sections and construct sidewalks that will allow safe pedestrian and bicycle access through the intersection to Oak Manor School. The project is more clearly defined in the Attachment 1. This realignment will necessitate the replacement of the existing box culvert at the corner of Gobbi Street and Babcock Lane. (continued on page 2) RECOMMENDED ACTION: Receive and file report. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: None Candace Horsley, City Manager ~.,I Cathy A. McKeon, Senior Civil Engineer % Candace Horsley, City Manager Otto Bertolero, Interim Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works 1. Preliminary Plan 2. Letters of Support APPROVED! ~.. C~-~dace' Horsley, C~'"'"~anager May 3, 2000 SAFE Grant Application Page 2 The project also includes the construction of a meandering bike path from the intersection, through the Oak Manor Park, to the Oak Manor School. Approximately .025 acre of additional right-of-way, just east of Babcock Lane, will need to be purchased. This project will also provide for safe pedestrian access through this intersection to Riverside and Oak Manor Parks from all areas to the west. A project to install Bike Lanes from the west side of the Highway 101 overcrossing to this project is being submitted for funding under a different grant and is expected to be approved. The total estimated cost for the "SAFE" project is $552,000, including environmental review, preparation of plans, specifications and estimates, purchase of additional right-of-way, construction, and construction engineering. The grant covers 90% of the overall project costs or $497,000. The city will be responsible for funding the remaining 10% or $55,000. The precise funding details will be included in the 2000/01 budget. Caltrans is scheduled to issue an approved list of funded projects on June 15, 2000. If approved, a consultant would design the project. This project is intended to be put out to bid by spring of 2001 and constructed during the summer and fall of 2001. This report is presented for information and no action by City Council is necessary at this time. o i ' L i. l i. i. i./ .,, LOCATION MAP' I I DAT[ APRIL 25 2000 ~ ' '1 ll~.,:lln !. i ,.~J._.lJllll~ I ~ ~ in . . . i ' q"i ~ /~ ~i !'~i <'"~'"' :' ~ I~ ~ ~li Z~..V ............. ~ ~ ~ ~~ ~ i ~ ~ ~ ' CI~ OF U~IAH DEPARTMENT OF PUBLIC REALI6~ME~T OF 60B~I ~TRE~T/~ABCOCK ~E I~TE~ECTIO~ FOR PEDE~TRIA~ AND BICYCLE ~CALEr NONE SHEET I OF I APR.-2$' 00(TUE) 13'42 SENATOR CHESBRO TEL:707 ,576 2773 P. 002./002. April 24, 2OO0 SENATOR WESLEY CHrrSBRO SECOND SENATORIAL DISTRICT SEgLECT COMMr/'rI~r'L~. CAI,.JFORNIA'S WIN[' INou-k-TRY DE'VI~LOPM E:NTAL DI~AtSIL. ITIE~ & ME'-'NTAI. HE;AL.TH, CHAIR MOBILE & ~ANUFACTURE'O ~ McKeon ~ty of Ukiah 300 Seminary Avenue ~ C.,A 95482 Dear Ms. McKeon I ark..wry, ting. to express my strong support for the City of ,U.I~ Safe Routes to School Grmt .~pplic. a~on m the amount of $492,000 This is ..... t.__,_, . .. mtersecuon of Babcock LmdGobbi Street and Oak M~aor Drive. With this realignment, the Ci~/ · - . w~,m~wnue proposad seek-i.g to realign the of Uldah would be able to construct bikeways and sidewalks at d~/s intersection and also tied/case a bikeway to the Oak lVLmor School The Ukiah City Coundl approved the concept plan for this p.rgject in the City of Ukhh Bicycle and Pedestrian Master P/an in Februa~ 1999. This appticafion, ff funded, would provide safer access fi-om Oak Manor School to the Oak Manor Park and to r. he Gobbi Street Riverside Park. In carod~li~on, this project wou/d realign and widen the roadways, and most irnpo_mndy, identify ssmgs such that pedestrians and ' ' hcyclists would have a safe corridor to the Oak Manor School I urge the strongest consideration be given to the Cky of Ukiah's application for funding of the Safe Routes To School Grant Proposal; Babcock I~ne Gobbi Street/~ Manor Drive Intersection Realigmnent. Thank you for your consideration. If I may provide additional information, please feel free to corltaet me. Senator. Second District %.S.Tn~k-T, t~urrE 12.0A t7071 ~'7~-4~77 I f707) g~?sg.277a FAg £U_~£K4, CA ('/0~} 44~.6t~11 FAX IO4O HAIN "~TRE'E'T, SUITE NAffA. CA ~4s5e (7o71224-1 oeo rToT) q24..lOD2 FAX April 24, 2000 Ukiah Unified School District- Support Services 710 Maple Avenue Ukiah, CA 95482 Phone: 707-463-5233 Fax: 707-462-6987 Cathy McKeon, Senior Civil Engineer City of Ukiah, Department of Public Works 300 Seminary Avenue Ukiah, CA 95482 Safe Routes to School Grant Proposal. Babcock Lane/Gobbi Street/Oak Manor Drive Intersection Realignment Dear Ms McKeon: I am writing to express my strong support for the City of Ukiah Safe Routes to School Grant application in the amount of $496,000 to fund the realignment of the intersection of Babcock Lane, Gobbi Street and Oak Manor Drive. This grant would also construct much needed bikeways and sidewalks at this intersection, and create a dedicated bikeway to the school. Overall, this project will provide for safe access to Oak Manor School from the developed areas to the west of Highway 101 and also provide for safe access from Oak Manor School to Oak Manor Park and to Gobbi Street Riverside Park, which is east of this intersection. The Ukiah City Council conceptually supported this project in the City of Ukiah Bicycle and Pedestrian Master Plan approved February 17, 1999. The existing intersection is a connection of four streets that do not line up and utilize a narrow box culvert that restricts the roadway to 24 feet. This project would realign the roadways, widen them and identify crossings so that pedestrians and bicyclists would have a safe corridor to Oak Manor School. The bikeway ti'om the intersection to the school would be an additional safety facility that would allow bicyclists to travel safely from the intersection directly to the school and would eventually link the school to the Gobbi Street Riverside Park project. I have discussed this grant with the school superintendent, Dr. Gary Brawley, and we both encourage you to give your utmost consideration to this worthy and important project. Please feel free to call me at 463-5233 if you have any questions. Sincerely, /~~ ~/~~xc~ff~Gordon Bourke Director of Support Services FROM · DOU @ ASSOCIATES PHONE NO. · 70746~2212 App. 25 2000 ll'O~AM P2 Aendocino Counci! of Governments 367 North State Street - Suite 206 --- Ukiah, CA 95482 Phone (707) 463-18S9 - Fax (707) 463-2212 April 25, 2000 Cathy McKeon City of Ukiah Department o£Publie Works 300 Seminary Avenue Ukiah, CA 95482 RE: Safe Route~ to School Grant Proposal Dear Ms. McKeon: When I first came to Ukiah in 1981, I was employed by the Mendoebao County Department of Public Works as a Transportation Planner. One crtthe very first field r~vicws I attended with the Assistant Director at that time was at the intersection of Baboo~k Lane/Crobbi Strew/Oak Mznor Drive. At that time it was mentioned as a candidate for improvement with federal (FAL0 funding. Shortly afierwar~ FAU funding declined and then was eliminated with the passage of ISTEA in 1991. Mcauw~e, this poorly aligned intersection and restricted width for pedestrian and bicycle movement remains unmitigated. There are only two streets linking Oak Manor School and the adjacent Oak Manor neighborhood with downtown Ukiah. Perkins Street, to the north of the proposed project site, carries much more traffic and is a less desirable sohool route. Oobbi Slxeet carries less rolL, me and also provides access to a city park, BMX track, and bas~ball fi¢ld~. Clearly, realignment of the Babcock Lane/Oobbi Street/Oak Manor Drive intexse~on is a needed project which will have a direct safety benefit to pedestrian, bicycle, and vehicular traffic alon8 tiffs school route. It is also consistent with the City's bicycle and pedesl~an master plan which was completed just last year. As the regional transportation planning agency for th/s county, the Mendocino Counc/l of Governments wishes to add support for the city o£Ukiah's application for funding under the Safe Routes to School program. Sincerely, Executive Director Ukiah Police Department 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 Bus: (707) 463-6262 Fax: (707) 462-6068 John Williams Chief of Police April 25, 2000 Cathy McKeon City of Ukiah Department of Public Works 300 Seminary Ave. Ukiah, Ca. 95482 Safe Routes To School Proposal Babcock Lane/Gobbi Street/Oak Manor Drive Intersection Realignment Dear Ms. McKeon: I am writing this letter to express the support of the Ukiah Police Department for the City of Ukiah Safe Routes to School Grant application. The realignment of this intersection will not only provide improved safety for bicyclists and pedestrians going to and from Oak Manor School, but will also provide better visibility for vehicle drivers, promoting safer streets. The children of our community deserve to have the safest access to school that we can provide, and we at the Ukiah Police Department support and encourage your pursuit of this important project. ereLv, Arthur D. Barclay, Sergeant Ukiah Police Department 04/25/00 Page 1 ITEM NO. DATE: May 3, 2000 lOc AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION CALLING AN ELECTION AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF MENDOClNO FOR THE PROVISION OF ELECTION SERVICES AT THE CITY ELECTION TO BE CONSOLIDED WITH THE REGULAR STATEWIDE GENERAL ELECTION The City of Ukiah historically has consolidated its elections with Mendocino County. Attached for the Council's adoption is a proposed Resolution, with Agreement attached as Exhibit A, calling an election on November 7, 2000, consolidating the election with the Statewide General Election, and contracting with the County of Mendocino for election services. The election is necessary to fill the vacancies created by the expiration of two Council terms (Ashiku and Smith), the term of the Mayor (Mastin), City Clerk (Ulvila), and City Treasurer (Carter). Any ballot measures the Council may wish to include on the ballot are covered by the terms of the Agreement. Council previously directed staff to compose language for a Ballot Measure in support of the City Clerk's position being appointed rather than elected. Staff will be returning to Council at a later date regarding this matter. A calendar of election deadlines is attached for your review. The costs for providing these election services will be approximately $10,000 and will be budgeted accordingly in the Fiscal Year 2000-2001 budget. RECOMMENDED ACTION: Adopt the Resolution Calling An Election and Authorizing an Agreement Between the City of Ukiah and Mendocino County and Authorize the Mayor to Execute the Agreement ALTERNATIVE COUNCIL POLICY OPTIONS: Choose not to consolidate the election with the County of Mendocino and direct the city Clerk to conduct the election. Citizen Advised: N/A Requested by: N/A Prepared by: Marie Ulvila, City Clerk Coordinated with:Candace Horsley, City Manager Attachments: 1. Terms of City of Ukiah Elected Officials 2. Proposed Resolution with Agreement attached as Exhibit A 3. Calendar of election deadlines Election' ASRctyagrmt 300 SEMite,AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · EMAIL: ukiahcty@.jps.net · TERMS OF CITY OF UKIAH ELECTED POSITION~ CITY COUNCIL CITY CLERK CITY TREASURER As of May 12, 1999 CITY COUNCIL Date First Appointed Jim Mastin, Mayor 2/3/93 Phillip Ashiku, Vice Mayor Phil Baldwin Kathy Libby Roy Smith 5/12/99 Date Present Term Elected Expires 11/15/94, * 11/3/98 11/2000 11/5/96 11/2000 11/3/98 11/2002 11/3/98 11/2002 11/2000 *The Mayor is elected to a two (2) year term. All other positions are elected to four (4) year terms. ,CITY CLERK Marie Ulvila TREASURER Allen Carter 6/17/98 11/2000 11/5/96 11/2000 Revised 5/12/99 council:terms '~(/e Are Here To Serve" RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING AN ELECTION AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF MENDOClNO FOR THE PROVISION OF ELECTION SERVICES AT THE CITY ELECTION TO BE CONSOLIDATED WITH THE REGULAR STATEWIDE GENERAL ELECTION WHEREAS, the City OF Ukiah did, by Ordinance No. 948, pursuant to the authority of Section 26503.5(a) of the Government Code, set the date for the General Municipal Election of the City of Ukiah to be held on the same day as the Statewide General Election; and WHEREAS, said Ordinance has been approved by the Board of Supervisors of the County of Mendocino as required by law, by minute order of said Board of February 15, 1994; and NOW, THEREFORE, BE IT RESOLVED that an election shall be called; that the General City Election shall be consolidated with the Statewide General Election, with the following election candidates: two City Council positions and the position of Mayor, City Clerk, City Treasurer, and all other required election matters; and that the County Clerk be authorized to provide election services as set forth in the proposed agreement attached hereto as "Exhibit A" and that said agreement be entered into by the Mayor of the City of Ukiah and the Chairman of the Board of Supervisors of the County of Mendocino. PASSED AND ADOPTED this 3rd day May, 2000, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2000- Page 1of 1 EXHIBIT A AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, the General Municipal Election has been set for November 7, 2000, the same day as the Statewide General Election, and the City Council of the City of Ukiah desires that the County Clerk shall conduct the election of November 7, 2000, for the filling of two (2) Councilmember seats and the seat of the Mayor, and any other vacant seats or ballot measures submitted to the Board of Supervisors with request for consolidation at least 88 days before the election. NOW, THEREFORE, the City of Ukiah and County of Mendocino agree as follows: o The County Clerk shall provide the following services in connection with conducting the November 7, 2000 Municipal Election, on the City's behalf: a, Establish precinct boundaries to coincide with Statewide Election; bo Designate polling places and appoint election officers; Co Notify election officers of their appointment and instruct inspectors concerning their duties; d. Appoint and pay election officers; eo Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up voting booths; Publish lists of precincts, election officers, polling places and hours polls will be open; go Verify signatures appearing on candidates nomination papers; h. Provide sample ballots to each voter; Receive absent voter applications, accept absent voter ballot returns, retain custody of absent voter ballot, and count absent voter ballots; and Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council. EXHIBIT A . . . The City Clerk of the City of Ukiah shall be responsible for: a. bo All functions of the City Clerk relative to arguments concerning City measures as set forth in Elections Code § 9200, et seq., including filing and accepting notices required; Publication of the Notice of Election; c. Publication of Candidates as required by law; d. Distribution and receipt of nomination papers; e. Receipt of Candidate's Statement; and Receipt of campaign statements and disclosure statements as required by law. In consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment. Payment for services due under this agreement shall be made after billing is submitted by the County of Mendocino. Dated: CITY OF UKIAH, CALIFORNIA By: Mayor Jim Mastin ATTEST: By: Marie Ulvila, City Clerk BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA Chairman of the Board Michael Delbar ATTEST: By: Kristi Furman, Clerk of the Board a:comendo.agr2000 GENERAL LAW CITIES GENERAL OR SPECIAL MUNICIPAL ELECTION CONSOLIDATED TUESDAY, NOVEMBER 7, 2000 July 3, 2000 May 31 July 3 - July 17 July 10 July 17 - August 11 July 21 5 Pm July 21 August 1 August 11 August 11 August 11 August 11 August 16 5 Pm August 17 August 18 August 24 September 11 - October 24 October 5 October 9 October 9 October 9 - October 31 October 17 October 26 October 31 November 1 - November 7 November 6 November 7 November 9 - December 5 January 31,2001 April 1, 2001 COUNCIL TO ADOPT RESOLUTIONS SUGGESTED LAST DAY TO FILE PETITIONS REGARDING MEASURE PUBLISH NOTICE OF ELECTION LAST DAY TO ADOPT REGULATIONS FOR CANDIDATES STATEMENTS FILING PERIOD FOR NOMINATION PAPERS SUGGESTED LAST DAY TO CALL ELECTION FOR BALLOT MEASURES LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENT - MEASURES PUBLISH NOTICE OF ELECTION - MEASURE, NO CANDIDATES POST NOTICE OF DEADLINE FOR FILING ARGUMENTS (E - 109) SUGGESTED LAST DAY TO FILE ARGUMENTS (E - 98) LAST DAY TO REQUEST CONSOLIDATION (E - 88) LAST DAY TO CALL ELECTION FOR BALLOT MEASURES (E - 88) SUGGESTED LAST DAY TO FILE REBUTTAL ARGUMENTS (E - 88) LAST DAY TO FILE NOMINATION PAPERS (E - 88) LAST DAY TO FILE NOMINATION PAPERS - EXTENSION (E - 83) SECRETARY OF STATE TO DETERMINE ORDER OF NAMES ON BALLOT (E - 82) LAST DAY TO FILE NAMES AND OCCUPATIONS OF CANDIDATES (E - 81) CANCEL ELECTION - INSUFFICIENT CANDIDATES (E - 75) FILING PERIOD FOR WRITE-IN CANDIDATE (E -57 to 14) LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS (E - 33) LAST DAY TO REGISTER TO VOTE (E - 29) LAST DAY TO APPOINT ELECTION OFFICERS & POLLING PLACES (E - 29) VOTERS MAY REQUEST ABSENTEE BALLOTS (E - 29 to 7) LAST DAY TO MAIL SAMPLE BALLOTS AND POLLING PLACE NOTICES (E - 21 ) LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS (E - 12) LAST DAY FOR CLERK TO PUBLISH NOTICE OF NOMINEES . (E - 7) EMERGENCY ABSENT VOTING PERIOD (E - 6 to E) LAST DAY FOR COUNCIL TO ADOPT PROCEDURES TO RESOLVE TIE VOTE (E - 1) ELECTION DAY COUNTY TO CANVASS ELECTION RETURNS COUNCIL TO DECLARE RESULTS LAST DAY TO FILE STATEMENT OF ECONOMIC INTERESTS LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS LAST DAY TO SUBMIT REPORT ON MEASURES TO SECRETARY OF STATE (E- 127) (E- 160) (E- 127to 113) (E- 120) (E - 113 to 88) (E- 109) (E + 2 to 28) MARTIN & CHAPMAN Co. %% 1951 WRIGHT CIRCLE %** ANAHEIM, CA 92806-6028 °=° 714/939-9866 o**', FAX 714/939-9870 (R10-96/11-3-9<J / N:~,CALENDAR.MPI~I 1-7-00.CAL) AGENDA SUMMARY ].Od ITEM NO. DATE: May 3, 2000 REPORT SUBJECT: DISCUSSION OF COST OF LIVING INCREASE FOR CITY COUNOILMEMBER SALARIES Government Code §36516 provides the City Council the ability to increase Councilmember salaries by adopting or amending an ordinance to provide a cost-of- living increase not to exceed an amount equal to five percent for each calendar year from the operative date of the last cost-of-living adjustment. The City Council adopted a cost-of-living increase to its salary rate in August 10, 1998, which became effective after the November 1998 Election. At that time, Council requested that discussion of Councilmember salary adjustments be addressed before the annual Budget process in each election year so that any percentage increases would be incorporated into the next fiscal year's budget. Council salary represents compensation for the hours a Councilmember prepares for and participates in City Council meetings, Special Meetings, workshops, community meetings, special events, and representation on numerous committees and commissions such as LAFCO, MCOG, MTA, and IWPC, as well as the hours spent meeting with citizens and performing their liaison roles. The current Councilmember salary is $435 per month. Multiplying five percent per year for the last two-year period equals an additional monthly amount of $45, for a total monthly salary of $480. A summary chart of total monthly salary for one percent to five (Continued on Page 2) RECOMMENDED ACTION: Council consider cost-of-living increase for City Councilmembers and direct staff relative to preparation of ordinance for introduction. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine consideration of cost-of-living increase is not necessary at this time. Citizen Advised: N/A Requested by: Prepared by: Attachments: City Council Candace Horsley, City Manager 1. Councilmember's Salary Cost of Living Chart APPROVED! ~ ~~ C'~n~a~e Horsl nager 4/Can,ASRCCOOL.400 percent increases is attached for Council's review. Actual cost-of-living adjustments would not go into effect until the November 2000 election, and after elected Councilmembers begin their terms of office. At that point, all Councilmembers would receive the increase at the same time. This item is before the Council as a discussion item. If the Council approves a cost-of- living increase for the last two years, staff will prepare the ordinance and return it at the next Council meeting for introduction. COUNCILMEMBER'S SALARY COST-OF-LIVING CHART ($435 Base Salary) DOLLAR AMOUNT INCREASE Percentage Year I Year 2 1% $439 $444 2% $444 $453 3% $448 $462 4% $452 $471 5% $457 $480 Consumer Price inde~ U.S. Cities Average San Francisco/Oakland 4/99 3/00 2.3% 3.7% 2.8% 4.2% *Average City Employe~- Cost of Living Increas~ 1998/99 1999/00 4% 4% *Includes additional percentage increase to make up for two years of 0 increase previous to 1998/99 4:Can:CCSal.400 AGENDA SUMMARY ITEM NO. lOe DATE: May 3, 2000 REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING REVISIONS TO AGREEMENT WITH REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF) The original Joint Powers Authority (JPA) Agreement for the Redwood Empire Municipal Insurance Fund (REMIF) consisted of seven member cities, Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, Sonoma, and Ukiah. Over time, eight other cities have approached REMIF to participate in the pooled insurance funds, which has greatly reduced their costs for workers compensation, liability, and property insurances. Due to the provisions of the authority's agreement, these additional eight cities were named as Associate Members and were not part of the Board comprised of the original seven members. This has been a topic of contention for many years as the Associate Members felt they did not have a voice on decisions made, and yet they participate financially in REMIF. For the past year, the Board has agreed to have two Associate Members sit on the Board in order to determine if Associate Members would vote significantly differently than the Board members. After a year's assessment, it was determined that there were only a few items in which the Associate Members, and usually not both of them at the same time, voted differently than the majority of the main Board. Even so, the Board has agreed that two Associate Members may sit on the REMIF Board as voting members. In order to implement this action, the JPA Agreement must be amended. Before the Council is the revised Agreement that not only allows for two Associate Members to be voting members, but also has been updated to accurately reflect current law. Staff is recommending adoption of the Resolution Approving the amended Agreement. RECOMMENDED ACTION: Adopt Resolution Approving Revisions to Agreement with Redwood Empire Municipal Insurance Fund ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council adopt revised Resolution and/or Agreement. 2. Council determine adopting Resolution is not appropriate at this time, take no action, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Attachments: N/A REMIF Associate Members Candace Horsley, City Manager 1. Resolution for Adoption APPROVEI~:~~ ~.. _~ Candace Horsley, C~y 4/Can.ASRREMI F.400 / Manager RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING REVISIONS TO AGREEMENT WITH REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF) WHEREAS, the City of Ukiah entered into a Joint Powers Agreement (JPA) with the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, and Sonoma, on May 26, 1976 to provide for the creation and operation of a common pool of funds to be used to meet the obligation of the parties to provide workers compensation benefit for their employees; and WHEREAS, that JPA was subsequently amended to broaden the authority of the JPA to provide for the procurement of insurance, pooling of losses, and execution of risk management functions for all insurable losses, in addition to workers compensation benefits; and WHEREAS, the "Associate Member" classification was created in the Bylaws allowing additional cities to participate in REMIF programs; and WHEREAS, since inception of the original Agreement, eight additional cities have become "Associate Members" and have been given entitlement to all the benefits of the JPA except representation on the Board of Directors; and WHEREAS, at this time REMIF is presenting an Amended Agreement making revisions to the original Agreement to accurately reflect current law as well as to modify the composition of the Board of Directors to include two Directors from among the "Associate Members." NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the City Page 1 of 2 of Ukiah hereby approves the Amendment to the Redwood Empire Municipal Insurance Fund Joint Powers Agreement, effective July 1, 2000, as demonstrated in Exhibit "A" of this resolution; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to approve, execute, and sign the Amended Joint Powers Agreement on behalf of the City of Ukiah. PASSED AND ADOPTED this 3rd day May, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk 4:Res:REMIF.400 Page 2 of 2 EXHIBIT "A" REDWOOD EMPIRE MUNICIPAL INSURANCE FUND AGREEMENT TABLE OF CONTENTS RECITALS .................................................. ARTICLE I .................................................. Creation of the Redwood Empire Municipal Insurance Fund ARTICLE II ................................................. Purposes ARTICLE III ................................................. Definitions ARTICLE IV ..... . ........................................... Parties to Agreement ARTICLE V .................................................. Term of Agreement ARTICLE VI ................................................. Powers of the Authority ARTICLE VII ................................................ Participating Agency Responsibilities ARTICLE VIII ................................................ Board Powers of Members & Associate Members Board of Directors - Appointments ARTICLE IX ................................................. Committees ARTICLE X ................................................. Meetings ARTICLE XI ................................................. Officers & Employees ARTICLE XII ................................................ Fiscal Year/Budget ARTICLE XIII ................................................ Annual Audits and Audit Reports Financial Audits PAGE 3 10 10 11 ARTICLE XIV ................................................ Establishment and Administration of Funds PAGE 11 ARTICLE XV ............ Cash Comribution eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 11 ARTICLE XVI ............ Cash Assessment ee. eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 12 ARTICLE XVII ............................................... Pooled Coverage Programs 12 ARTICLE XVIII ............................................... Authority Functions and Responsibilities 12 ARTICLE XIX ................................................ New Participating Agencies 13 ARTICLE XX ................................................ Withdrawal from REMIF 14 ARTICLE XXI ................................................ Expulsion 14 ARTICLE XXII .............................................. Effect of Withdrawal or Expulsi6n ' 14 ARTICLE XXIII ............................................... Termination and Distribution 15 ARTICLE XXIV ............................................... Notices 15 ARTICLE XXV ............................................... Prohibition Against Assignmem 16 ARTICLE XXVI ............................................... Amendments 16 ARTICLE XXVII .............................................. Severability 16 ARTICLE XXVIII .............................................. Agreement Complete 16 REDWOOD EMPIRE MUNICIPAL INSURANCE FUND J_OINT POWERS AGREEMENT __ This AMENDED Agreement is made by and among the following public entities; City of Cloverdale, City of Cotati, City of Healdsburg, City of Rohnert Park, City of Sebastopol, City of Sonoma and City of Ukiah, hereafter referred to as Member_____~s all of which are public entities generally organized and operating under the laws of~e State of California or public entities specifically organized and operating under §6507 of the California Government Code and related provisions of law which authorize the creation and operation of governmental joint powers authorities under California law. The Agreement is dated and will be effective July 1, 2000. ~RECITALS I. The following State laws, among others, authorize the Members to enter into this agreement: A. Labor Code §3700(b) allowing a local public entity to fund its own workers' compensation claim_s; B. Government Code §989 and §990, and Education code § 15802, permitting a local public entity to insure itself against liability and other losses; C. Government Code §990.4 permitting a local public entity to provide insurance and self-insurance in any desired combination; D. Government Code §990.8 permitting two or more local public entities to pool self- insured claims or losses and enter into an agreement to jointly fund such expenditures under the authority of Government Code §6500- 6515; and E. Government Code §6500- 6515 permitting two or more local public entities to jointly exercise, under an agreement, any power which is common to each of them. II. The governing board of each undersigned public entity has determined that it is in its best interest and in the public interest that this present Agreement be executed and that it shall participate as a Member of the public entity created by this Agreement. NOW, THEREFORE, the undersigned, by, between and among themselves, for and in consideration of the mutual benefits, promises and agreements set forth below, hereby agree as follows: AGREEMENT ARTICLE I CREATION OF THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND Pursuant to Article I, Chapter 5, Division 7, title I of the Government Code of the State of California (commencing with §6500), the parties hereto hereby have created a public agency, separate and apart fi.om the parties hereto now to be known as the REDWOOD EMPIRE MUNICIPAL INSURANCE FUND, hereinafter called the Authority. This Amended Agreement amends and supersedes the Agreement filed with the Secretary of State on May 26, 1976 entitled JOINT POWERS AGREEMENT ESTABLISHING THE REDWOOD EMPIRE WORKER'S COMPENSATION FUND and the FIRST AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING THE REDWOOD EMPIRE WORKERS COMPENSATION FUND (Now known as the Redwood Empire Municipal Insurance Fund) and filed with the Secretary of State on March 1, 1978. ARTICLE II PURPOSES This Amended Agreement is entered into by the Members pursuant to the provisions of California Government Code §990, 990.4, 990.8 and 6500 et seq. In order to develop an effective risk management program: (a) to reduce the amount and frequency of their losses; (b) pool their self-insured losses; and (c) jointly purchase excess insurance and administrative services in connection with a joint protection program for said parties. This purpose shall be accomplished through the exercise of the powers of the Members jointly in the creation of a separate entity, to be known as the "Redwood Empire Mtmicipal Insurance Fund," to administer a joint protection program wherein the Members will pool their losses and claims, jointly purchase excess insurance and administrative and other services, including claims adjusting, data processing, risk management, loss prevention, legal and related services. It is also the purpose of this Agreement to provide to the extent permitted by law, for the inclusion at a subsequent date of such additional public agencies organized and existing under the constitution of laws of the State of California as may desire to become parties to this Agreement and members of the Authority, subject to approval by the Board. It is also the purpose of this Agreement to provide for the removal or withdrawal of the Members. ARTICLE III DEFINITIONS Unless the context otherwise requires, the following terms shall be defined as herein stated: Alternate Director means the individual appointed by a Member or Associate Member to act in the absence of a duly appointed Director except the Alternate Director shall not exercise the powers of an officer of the Authority or serve on the Executive Committee. Associate Member means any contracting public agency who was not an original signatory to the 1976 Agreement. A listing of the Associate Members and former Associate Members will be an addendum to the JPA Bylaws. Authority means the Redwood Empire Municipal Insurance Fund created by this Agreement. Board or Board of Directors means the governing board of the Authority. Broker is an insurance broker used by the Board to acquire insurance coverage. Cash Assessment means an amount determined by the Board, to be paid by each Participating Agency as necessary to meet the Authority's obligations. Cash Contribution means the annual dollar amount determined by the Board which is payable to each Participating Agency as its established share of the funding required to cover the financial obligation of each pooled coverage program or insured program in which the Participating Agency participates. Certificate of Coverage for Additional Covered Party means the document issued by the Authority to third parties specifying the type and amount of pooled coverage provided to the Participating Agency by the Authority and extended to the named third party for the specified purpose. Claims means demands made against the Participating Agencies or the Authority arising out of occurrences which may be within any of the .Authority's coverage agreements. Claims Adjuster is the claims adjuster hired as an employee of the Authority and/or contracted by the Board to determine losses and make or recommend payments in the various coverage programs. Coverage Agreement is the document issued by the Authority to Participating Agencies specifying the scope and amount of pooled protection provided to each Participating Agency by the Authority in each pooled coverage program. Covered Loss means any loss resulting fi-om a claim or claims against a Participating Agency or the Authority which is in excess of the respective self-funded retention, and is covered by a Coverage Agreement issued by the Authority or any purchased programs and may include loss payments, defense costs, and other charges directly attributed to the resolution of the matter including defense costs incurred by the Authority. Deductible means the amount of a claim or lawsuit, which the Participating Agency must incur or become liable for before the Authority is obligated to pay. Deductible is synonymous with Self- Funded Retention. Director means the individual appointed by the Member or Associate Member to serve on the Board or the Alternate Director in the absence of the individual Director. Excess Insurance means any self-insurance, insurance, or reinsurance purchased by the Authority to cover losses in excess of the Authority's self-insured retention. Executive Committee means that body composed of the President, Vice President and one or more additional members of the Board appointed or elected in accordance with the Bylaws of the Authority. General Manager is the person or firm appointed by the .Board to be its Secretary and the Chief Administrative Officer of the Authority. Incurred Loss means the sum of monies paid and reserved by the Authority that is necessary to investigate and defend a claim and to satisfy a covered loss sustained by a Participating Agency or the Authority pursuant to a coverage agreement. Member means one of the seven Members that was one of the original signatories to the 1976 Agreement. A listing ofthe Members and former Members will be an addendum to the JPA Bylaws. Participating Agency means any Associate Member agency or Member agency who is covered by this Agreement. Pooled Coverage Programs shall consist of coverages provided directly by the Authority pursuant to a Coverage Agreement. These may include, but are not limited to property, workers' compensation and liability coverages as may be determined by the Board. program Year means a period of time determined by the Board, usually twelve (12) months, into which each pooled coverage program shall be segregated for purposes of account, record keeping, and coverage interpretation. Self-Funded Retention means the amount of a claim or lawsuit, which the Participating Agency must incur or become liable for before the Authority is obligated to pay. Self Funded Retention is synonymous with Deductible. Treasurer means an officer of the Authority appointed by a majority of the Board who shall serve at the pleasure of the Board. ARTICLE IV PARTIES' TO AGREEMENT Each party to this Agreement certifies that it intends to, and does, contract with all other parties who are signatories of this Agreement and, in addition, with such other parties as may later be added as parties to, and signatories of, this Agreement pursuant to Article XIX. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Article XX or XXI, shall not affect this Agreement or the remaining parties' intent to contract as described above with the other parties to the Agreement then remaining. Each Participating Agency must, at all times, participate in the Automobile/General Liability Coverage Program and the Workers' Compensation Coverage Program as defined in the Bylaws or policies ARTICLE V TERM OF AGREEMENT This Agreement shall become effective as of the date of adoption, July 1, 2000, and shall continue full force until terminated as hereafter provided. ARTICLE VI POWERS OF THE AUTHORITY The Authority is authorized, in its own name, to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or as otherwise authorized by law, including but not limited to the power to: A. make and enter into contracts; g. incur debts, liabilities and obligations; but no debt, liability or obligation of the Authority is a debt, liability or obligation of any Participating Agency, except as otherwise provided by Articles XX and XXI; C. acquire, hold or dispose of real and personal property; D. ~eceive contributions and donations of property, funds, services and other forms of assistance from any source; E. sue and be sued in its own name; F. employ agents and employees; G. acquire, construct, manage and maintain buildings; H. lease real or personal property including that any Participating Agency; and I. receive, collect, invest and disburse monies. ARTICLE VII PARTICIPATING AGENCY RESPONSIBILITIES Each Participating Agency shall have the following responsibilities; appoint a representative of the Participating Agency to be responsible for the risk management function within that Participating Agency, and to serve as a liaison between the Participating Agency and the Authority regarding risk management matters; provide the Authority with current, complete, and accurate information which will be used to determine the appropriate coverage cash contributions for each coverage progran~ This information can include but is not limited to property and building values, vehicle types and numbers, annual payrolls, miles of streets and sidewalks, and other pertinent demographic information; pay its coverage cash contributions, and any adjustments including cash assessments, promptly to the Authority when due. Aider withdrawal or termination, such agency shall pay promptly to the Authority its share of any additional coverage cash contributions or cash assessments, when and if required of it by the Board under Article XX or XXI of this Agreement; establish and maintain risk management programs including but not limited to loss control, risk transfer and employee safety programs; report to the Authority's risk manager, during the development stage, the addition of new programs or facilities, and the elimination or significant reduction or expansion of existing programs or facilities; comply with the Agreement, Bylaws and all policies and procedures adopted by the Board; promptly notify the Authority of any claim or summons and complaint which may result in a covered loss that is filed against and/or received by a Participating Agency; cooperate fully with and assist the Authority in determining the cause of claims and in the settlement of claims., as defined in the specific coverage agreement; cooperate fully with and assist the Authority, and any insurer, claims adjuster or legal counsel, of the Authority, in all maters relating to this Agreement and covered losses; comply with the risk management requirements established by the Authority; provide the Authority with such other information or assistance as may be necessary for the Authority to carry out the joint protection program under this Agreement; if a Member or an Associate Member, appoint a representative and alternate to the Board. ARTICLE VIII BOARD Responsibility for the control, direction, and administration of the Authority shall be vested in the Board, which shall initially consist of nine (9) representatives: seven (7) Directors, one from each Member; and two (2) Directors from among the Associate Members. The number of individuals representing the Associate Members, method of selection and length of term of office for the Associate Members are determined by the Authority's Bylaws. The Board will consist of a representative of the Member and designated Associate Member agency. The powers of the Board shall be all of the powers of the Authority not specifically reserved to the Participating Agency by this Agreement. - POWERS OF THE MEMBERS AND ASSOCIATE MEMBERS The city councils of the Members and Associate Members hereby retain the following powers: A. the appointment of their Director and Alternate Director to the Board; B. approval of amendments to this Agreement as specified in Article XXVI; and C. termination of the Authority in accordance with Article XXIII. BOARD OF DIRECTORS- APPOINTME~S The Director and Alternate Director of the Board shall be appointed by the respective Member and Associate Member which shall notify, in writing, the Authority of the appointment. The representative shall serve at the pleasure of the Member or Associate Member until written notice of the appointment of a successor is received by the Authority. The Alternate Director shall have all the powers of the representative in their absence except that the Alternate Director shall not exercise the powers of an officer of the Authority or serve on the Executive Committee. _ Each Director has one (1) vote on the Board. A board member is not entitled to compensation l~om the Authority. However, the Board may authorize reimbursement for expenses incurred by a Participating Agency or Director/Alternate Director in connection with his duties as a board member. ARTICLE IX COMMITTEES The Board shall have the authority to establish committees as it deems appropriate to conduct the business of the Authority. The Board is authorized to dissolve any committee established pursuant to this Article. ARTICLE X MEETINGS BOARD MEETINGS The Board shall hold at least one regular meeting each year. Each meeting of the Board and Executive Committee, including, without limitation, regular, special and adjourned regular or special meetings, shall be called, noticed, held and conducted in accordance with applicable State law. ARTICLE XI OFFICERS AND EMPLOYEES The officers of the Authority shall be the President, Vice President, Treasurer and General Manager. The President and Vice President shall be elected by the Board fi.om among its own members, as individuals, not as the Participating Agencies they represent. The term of office for President and Vice President shall be one (1) fiscal year, and they shall assume the duties of their offices at the beginning of the fiscal year. The Board shall appoint as a Treasurer a person who need not be a member of the Board, whose qualifications will be set by Boar___~d policy. This person shall have the powers, duties and responsibilities specified in Government Code §6505.5. The Treasurer shall serve at the pleasure of the Board. If the President or Vice President ceases to be a member of the Board or is removed fi.om office, the resulting vacancy shall be filled, for the unexpired term, at the next regular or special meeting of the Board held after the vacancy OCCurS. The General Manager shall be the Secretary and Chief Administrative Officer of the Authority. The Board shall appoint the General Manager who shall serve at the pleasure of the Board. The responsibilities and duties of the officers of the Authority shall be as defined in the Bylaws and as assigned by the Board. The Board may appoint such other officers and employees and may contract with such persons or fuxns as it considers necessary to carry out the purposes of this Agreement. The Board shall also set the terms and conditions of employment for the Authority's employees by Board action or policy. - Any participating Agency which agrees to have an employee or other representative assigned duties pursuant to this Article may be reimbursed by the Authority for that individual's time and services rendered on behalf of the Authority, at the discretion of the Board. Any such employee, while acting for or on behalf of the Authority, will be entitled to defense and indemnification by the Authority to the extent provided in California Government Code {}825 et. seq. and 995 et.. seq. The Board shall require the General Manager and the Treasurer to file with the Authority an individual or a blanket bond in an amount to be fixed by the Board, but not less than $100,000. The Authority shall pay the cost of the premiums for the bond required by it. ARTICLE XII FISCAL YEAR/BUDGET The Authority's fiscal year shall be from July 1 to June 30 unless otherwise indicated by Board resolution. An annual budget shall be presented by the General Manager to the Board before and shall be adopted by the Board no later than June 30 of each year. At the discretion of the Board, a multi- year budget may be adopted, thereby eliminating the requirements of annual presentation and adoption during the term of such multi-year budget. 10 ARTICLE XIII _ ANNUAL AUDITS AND AUDIT REPORTS _FINANCIAL AUDIT -- The _Board shall cause an annual financial audit in accordance with generally accepted auditing standards to be made with respect to all receipts, disbursements, other transactions and entries into the books by a Certified Public Accountant, and a report of such financial audit shall be filed as a public record with each of the Participating Agencies and with the county auditor in the _ county where the Aut~ has its principal office as stated in the Bylaws. All costs of such f'mancial audit shal~-'b~ paid by the _Authority as a general and administrative expense. _ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS The Board shall be responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the subject, particularly §6505 of the California Government Code. The Treasurer or Boar____~d's designee shall receive, invest and disburse funds only in accordance with the procedures established by the _Board and in conformity with applicable law. The General Manager shall have the .authority to-expend funds, which have been budgeted, as provided in the Bylaws. An Investment Policy shall be adopted by the Board and reviewed annually as required by state law. - The Authority may make loss payments on behalf of a _Participating Agency up to the maximum amount of the self-insured coverage provided by the Authority, but limited to the actual amount of the loss. - The Board_ will set the level of authority for the settlement of claims by the General Man~ and Executive Committee. - - - _ ARTICLE XV CASH CONTRIBUTION Each Participating Agency shall make a _cash contribution for each year of participation in each pooled coverage program in an amount approved by the Board.. The amount of such cas____h contribution shall be determined in accordance with a formula and schedule of payment contained in the Bylaws of the _Authority_or a policy established pursuant to the Bylaws and shall be sufficient, when combined with the cash contributions of all other participants in such pooled c_overage programs, to cover the outstanding liabilities, actuarially predicted losses, los~ adjustment expenses, defense costs, excess insurance premiums and administrative expenses of the Authority. - The cash contribution is payment for the various coverage agreement~ issued by the ~ to each _,Participating Agency for the risk coverage specified in the coverage agreement or insured 11 program. The Board may, but is not required to, use standard form policies utilized in the market for comprehensive general and automobile liability, property workers' compensation and other coverages as authorized by the Board. The scope of property, liability, workers' compensation, and other coverages in the pool shall be determined by the Boar_____~d as specified in the Authority's Bylaws, policy statements, and/or in the coverage agreement~. The cash contribution_ shall be billed to the Participatin~ Aeencies in accordance with the policy set by the Boar____dd. Any cash contributions not received-by-the ~ within thirty (30) days following the date of billing shall be in arrears and subject to interest and/or penalties in accordance with the Bylaws or any policy adopted by the Board. ARTICLE XVI CASH ASSESSMENT The Board by a majority vote shall have the authority to levy a c~ash assessment upon a determination that it is necessary to meet the ....Authority~s obligations. All cash assessments shall be determined and payable in accordance with Board policy or Bylaws and shall be assessed against those Participating Agencies who P~ted in the program year(s) resulting in a deficit· - - ARTICLE XVII POOLED COVERAGE PROGRAMS The pooled coverag~ for each program shall be as specified in the Bylaws and applicable policies and procedures. Any new Participating Agency accepted for _membership in the ~ shall · · · have an mat~al three-program year, non-cancelable commitment. Each Participating Agency may participate in such pooled coverage program~ as are offered by the Authority on such terms, for such time periods and with such c_ash contributions as are determined by the Board. ARTICLE XVIII AUTHORITY FUNCTIONS AND RESPONSIBILITIE~ The Authority shall perform the following functions in discharging its responsibilities under this Agreement: (a) assist the P~articipating Agencies in establishing a risk management program that may include, but is not limited to, a risk management statement, risk management committees, and risk management audits; (b) provide coverage, as authorized by the Board, through, but not limited to, a self- insurance fund and commercial insurance, as well as excess coverage, reinsurance, and umbrella insurance, by negotiation, bid, or purchase; (c) provide loss prevention, safety, and security advice; 12 (d) provide claims management and legal services for covered risk, which may or may not exceed the Participating Agency's deductible; (e) provide claims recovery and subrogation services to investigate, pursue and collect for damages caused by the acts of others; (f) assist in providing rehabilitation services under workers' compensation to reduce industrial disability retirement liabilities; (g) establish actuarial services to distribute costs and generate revenues; (h) provide loss analysis control by use of statistical analysis, data processing, record and file keeping services in order to help identify high exposure operations and evaluate proper levels of self-funded retention and deductibles; (i) assist Participating Agencies in maintaining current, complete, and accurate building and contents values by location for insured properties; (j) select legal counsel according to policy established by the Board; (k) perform other functions as required by the Board for the purpose of accomplishing the goals of the Agreement. ARTICLE XIX NEW PARTICIPATING AGENCIES It is the intent of the Authority to provide, to the extent permitted by law and Board policy, for the inclusion at a subsequent date of such additional public entities, organized and existing under the Constitution or laws of the State of California, as may desire to become Participating Agencies of the Authority. The Board shall review all applications for participation in the Authority. Those public agencies seeking membership must be approved by the aff'u'mative vote of a two-third (2/3) majority of the Board. Public agencies applying under this Article shall be required to pay their share of organizational expenses, as determined by the Board, including those costs necessary to analyze their loss data and determine their cash contributions. Cash contributions for Participating Agencies joining the Authority at other than the beginning of the Authority's program year, shall be prorated for the remainder of the program year. A new Participating Agency will be considered an Associate Member, whose voting rights will be granted in conformity with the Agreement and Bylaws. 13 ARTICLE XX WITHDRAWAL A new Participating Agency which wishes to join the Authority shall not withdraw fi.om the Authority for a three (3) fiscal year period commencing on July 1st of the first full fiscal year that said new Participating Agency became a Participating Agency of the Authority. After the initial three (3) fiscal year non-cancelable commitment to the Agreement, a Participating Agency may withdraw only at the end of a fiscal year of the Authority, provided it has given the Authority a six (6) month written notice of its intent to withdraw fi'om this Agreement and the joint protection program. Any Participating Agency which withdraws as a party to this Agreement pursuant to this Article, or is expelled pursuant to Article XXI, shall not be reconsidered for new Membership until the expiration of five (5) years from the Participating Agency's withdrawal. ARTICLE XXI EXPULSION The Authority shall have the fight to expel any Participating Agency from a specific coverage program or from the entire Authority upon a four-fifths (4/5) vote of the entire Board after ninety (90) days written notice to the Participating Agency; and such expulsion shall be effective at the conclusion of the program year in which the notice is given, unless a different, specific date is stated by the Board. Any Participating Agency so expelled shall, on the effective date of the expulsion, be treated the same as if the Participating Agency had voluntarily withdrawn from this program. ARTICLE XXII EFFECT OF WITHDRAWAL OR EXPULSION The withdrawal or expulsion of any Participating Agency after the inception of its participation in the Authority or any pooled coverage program shall not terminate its responsibility: (a) to cooperate fully with the Authority in determining the cause of losses and in the settlement of claims incurred during the coverage period, as defined in the Memorandum of Coverage; (b) to pay any cash assessments or other amounts determined by the Board to be due and payable to each program year of each program in which it participated until all claims, or other unpaid liabilities, covering such periods have been finally resolved; (c) to provide the Authority with such statistical and loss experience data and other information as may be necessary for the Authority to carry out the purposes of this Agreement; and 14 (d) to cooperate with and assist the Authority and any insurer, claims adjuster or legal counsel retained by the ~, in all maters relating to this Agreement. Coverages under all pooled coverage programs in which that Participatin~ participated will remain in effect and continue until the conclusion of their respective ~ or an earlier date as determined by the Boar____dd. Further, withdrawal or expulsion of a Participating Agency shall not be considered as a completion of the purpose of this Agreement and shall not require the repayment or return to the withdrawing Participating A enge_~ of all or any part of any c~ontributions, payments or advances made by the parties unless' the Agreement is rescinded or terminated as to all parties; however, when funds earmarked for program year3 in which the _Participating Agenc3~ participated are rebated or redistributed to P~articipating Agencies, the withdrawing -participatin~ will be entitled to its pro rata share as determined by the Board for its years of participation. ~ARTICLE XXIII __ TERMINATION AND DISTRIBUTION This Agreement may be terminated any time by the written consent of a majority of the Members' city councils provided that all Participating Aen~ are notified in writing at least ninety (90) days in advance; provided, however, that this Agreement and the ~ shall continue to exist for the purpose of disposing of all c_laims_, distribution of assets and all other functions necessary to w/nd up the affairs of the ~. Notification of the action of the Members' city councils in terminating this Agreement may be delivered by mail to the ~ or in person by each Member's Director or Alternate Director at a regular or s ec~al the Board. Upon termination of this A"reer~e-- -" . ~ . . P ' meeting of ~ m, au assets ot the ~ shall be distributed only among the Participating Agencie~ which have been participants in its pooled covera~ rop_rg_~_~, including any of those Participating Agencies which previously withdrew or were expelled pursuant to Articles XXI and XX/I of this Agree~nent, and in accordance with the terms and conditions of the Bylaws of the Author_qr.. The Boar_______d shall determine such distribution within six (6) months after the last pen--~mg claim or covered loss subject to this Agreement has been finally resolved. - - The Boar______~dd is vested with all powers of the ~ for the purpose of concluding and dissolving the business affairs of the ~. These powers shall include the power to require the Partici atin A encies, including those which were program participants at the time the c_laim_arose or at the time the covered los______~s was incurred, to pay their share of any cas____h assessment deemed necessary by ~he Boar_____~dd for final disposition of all such c~lairn~_ and covere~d Losses subject to this Agreement. The decision of the Boar_______d under this Article shall be final. _ARTICLE XXIV __ NOTICES Notices to ~ under this Agreement shall be sufficient if mailed, first class, to their respective addresses on file with the ~. Notices to the ~ shall be sufficient if mailed, first class, to the address of the ~ as contained in the Bylaws. 15 ARTICLE XXV PROHIBITION AGAINST ASSIGNMENT No Participating Agency may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Participating Agency shall have any right, claim, or title to any part, share, interest, or asset of the Authority. ARTICLE XXVI AMENDMENTS This Agreement may be amended by a unanimous vote of the Members' city councils provided that any amendment is compatible with the purposes of this Agreement and has been submitted to the Members at least thirty (30) days in advance. Any such amendment shall be effective immediately upon receipt by the Authority of votes sufficient for passage, unless otherwise designated. Notification of the action of the Members' city councils may be delivered by mail, return receipt requested, to the Authority or in person by a Member's Director or Alternate Director at any regular or special meeting of the Board. Such amendments shall be binding upon all Participating Agencies of the Authority. ARTICLE XXVII SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of compe[ent jurisdiction to be illegal or in conflict with any law of the State of California or the United States, or to be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions terms conditions and provisions shall not be affected thereby. ARTICLE XXVIII AGREEMENT COMPLETE The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. 16 AGENDA SUMMARY ITEM NO. 1of DATE: May 3, 2000 REPORT SUBJECT: CONSIDERATION AND DIRECTION TO STAFF REGARDING SENATE BILL1540 AND ASSEMBLY BILL 1956 Councilmember Baldwin is the City's representative on the Mendocino County Inland Water and Power Commission (IWPC). At a recent IWPC meeting, discussion was held regarding SB 1540 and AB 1956, which may affect hydroelectric projects in the State of California. SB1540 sets aside state money to create the California Dam Decommission and River Restoration Commission and Dam Decommission Fund. This would fund a study of all dams to determine if they should be decommissioned, demolished, removed, or modified for the purpose of restoring spawning habitat for salmon and steelhead fisheries. AB1956 deals with the sale and acquisition of PG&E's hydroelectric projects in California. Councilmember Baldwin asked that these two bills be agendized for discussion with the full Council and he will be making the presentation at the meeting. RECOMMENDED ACTION' Consideration SB1540 and AB1956 and provide direction to staff regarding Council's desires. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Consider Bills and take no action. Citizen Advised: Requested by: Prepared by: Attachments: N/A Councilmember Phil Baldwin Candace Horsley, City Manager 1. Summary of Senate Bill 1540 and Assembly Bill 1956 Can~ace Horsier, Ci~~,Manager SB 1540 Senate Bill- INTRODUCED Page 1 of 3 BILL NUMBER: SB 1540 BILL TEXT INTRODUCED INTRODUCED BY Senator Sher (Coauthor: Assembly Member Papan) FEBRUARY 17, 2000 An act to amend Section 5093.69 of, and to add Chapter 1.45 (commencing with Section 5093.72) to Division 5 of, the Public Resources Code, relating to rivers. LEGISLATIVE COUNSEL'S DIGEST SB 1540, as introduced, Sher. California Dam Decommission, River Restoration, and Public Safety Act of 2000. The existing California Wild and Scenic Rivers Act requires the Director of Fish and Game to conduct studies funded by the Legislature and make recommendations relating to, among other things, the restoration of salmon and steelhead habitat and the management of fisheries. This bill would require the Secretary of the Resources Agency to conduct studies and make recommendations relating to the development of a statewide inventory of existing dams and water diversions that are suitable for decommission, demolition, and removal for the purpose of restoring spawning habitat for salmon and steelhead in the California Wild and Scenic Rivers System or within other rivers and streams in the state. The bill would enact the California Dam Decommission, River Restoration, and Public Safety Act of 2000, which would require the secretary, on or before January 1, 2002, to prepare and submit to the Governor and the Legislature a report evaluating the suitability or nonsuitability for decommission, demolition, removal, or modification of dams, diversions, and other impoundment facilities for the purpose of restoring spawning habitat for salmon and steelhead fisheries within the system and within other rivers and streams in California. The bill would create the Dam Decommission Fund in the State Treasury and would authorize the expenditure of moneys from the fund, upon appropriation by the Legislature, for the aforementioned study, and to provide for the decommissioning, demolition, removal, and modification of dams, diversions, and other impoundment facilities for the purpose of restoring spawning habitat for salmon and steelhead fisheries as described above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5093.69 of the Public Resources Code is amended to read: 5093.69. (a) The Resources Agency shall conduct studies specifically funded by the Legislature relative to the condition of the system and may make recommendations to the Legislature for protection and enhancement of the system. (b) The director secretary shall conduct studies specifically funded by the Legislature and shall make recommendations relating to all of the following: http://www, leginfo.ca, gov/pub/bill/sen/sb_1501-1550/sb_1540_bi11_20000217_introduced.html 4/20/00 SB 1540 Senate Bill- INTRODUCED Page 2 of 3 (1) The restoration of salmon and steelhead habitat in the system, including measures that can be taken to increase spawning populations, and provide at least 100 miles of reopened spawning and nursery areas each year until the year 1990 2010 (2) Enforcement requirements necessary to protect the system from fish or wildlife degradation. (3) Development of information or statistical data necessary to provide the most beneficial management of the fisheries included within the system. (4) Identify and assess the feasibility of decommissioning, removing, or modifying dams, diversions, and impoundment facilities to restore fish habitat and free-flowing character of the system and other rivers and streams in the state. (5) Legislative action deemed necessary to protect the fishery and wildlife values of the system. SEC. 2. Chapter 1.45 (commencing with Section 5093.72) is added to Division 5 of the Public Resources Code, to read: CHAPTER 1.45. CALIFORNIA DAM DECOMMISSION, RIVER RESTORATION, AND PUBLIC SAFETY ACT OF 2000 5093.72. This act shall be known, and may be cited, as the California Dam Decommission, River Restoration, and Public Safety Act of 2000. 5093.73. The Legislature finds and declares all of the following: (a) Select dams block the passage of adult salmonids to their preferred spawning habitat and consequentially contribute to increased salmon and steelhead mortality rates and the listing of salmon and steelhead under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Ch. 1.5 (commencing with Sec. 2050), Div. 3, F. & G.C.). (b) Many dams are not being used for their original purposes of debris control, recreation, flood control, water supply, and hydroelectric generation due to lack of maintenance, sediment problems, and the destructive forces of nature. As such, these dams are a public nuisance. (c) Actions required by law to ensure fish passage, provide downstream flows for healthy fisheries, and to reduce impacts on newly listed endangered species may cost more to the dam operator than the revenue produced by a dam facility. Id) Many older dams may be unsafe and represent a public safety hazard to boaters and swimmers due to lack of funds for maintenance and demolition. /e) Some privately owned dams in the state of California have been abandoned and no state agency or individual party has taken responsibility for the maintenance of those facilities. 5093.74. (a) On or before January 1, 2002, the Secretary of the Resources Agency shall prepare and submit to the Governor and the Legislature a report evaluating the suitability or nonsuitability for decommission, demolition, removal, or modification of dams, diversions, and other impoundment facilities for the purpose of restoring spawning habitat for salmon and steelhead fisheries within the California Wild and Scenic Rivers System, and other rivers and streams in California. (b) The report shall inventory existing dams, diversions, and impoundment facilities throughout the state that are suitable for decommissioning, demolition, removal, or modification to restore spawning and riparian habitat for salmon and steelhead, and to enhance the free-flowing character of the system and of other rivers and streams. For purposes of this subdivision, dams, diversions, and impoundments do not include facilities that are operated as components of the Central Valley Project and State Water Project, or http://www.leginfo.ca, gov/pub/bill/sen/sb_1501-1550/sb_1540_bi11_20000217_introduced.html 4/20/00 SB 1540 Senate Bill- INTRODUCED Page 3 of 3 that provide essential flood control, water supply, or hydroelectric benefits, but the secretary may identify and recommend structural and operational modifications to those facilities that would aid in the restoration of salmon and steelhead fisheries and their habitat. (c) The report required to be prepared pursuant to this section shall identify and discuss all of the following: (1) The reasonably foreseeable potential uses of land and water that would be enhanced, foreclosed, or curtailed if the dam and diversion facilities were to be decommissioned, removed, relocated, or modified. (2) Whether certain dam and diversion facilities are deemed to be uneconomic or of minimal economic or socioeconomic value relative to the environmental and public safety consequences of their continued operation. (3) The beneficial uses, if any, currently provided by a dam or diversion evaluated for decommission, removal, or modification, and any alternative means for providing these beneficial uses if the dam is decommissioned, removed, or modified. (d) As part of the report prepared pursuant to this section, the secretary shall provide cost estimates for completing work on those dams, diversions, and impoundment facilities that are recommended for demolition, removal, or modification. 5093.75. (a) The Dam Decommission Fund is hereby created in the State Treasury. Moneys in the fund may be expended, upon appropriation by the Legislature, to complete the study required pursuant to Section 5093.74, and to provide for the decommission, demolition, removal, and modification of dams, diversions, and other impoundment facilities for the purpose of restoring spawning habitat for salmon and steelhead fisheries within the California Wild and Scenic Rivers System, and other rivers and streams of California. (b) Money may be deposited into the fund from gifts, donations, proceeds from the sale of general obligation bonds, funds appropriated by the Legislature, federal grants or loans, or other sources, and shall be used for the purposes described in subdivision http://www.leginfo.ca, gov/pub/bill/sen/sb_1501-1550/sb 1540 bill 20000217 introduced.html 4/20/00 SB 1540 Senate Bill - Status Page 1 of 1 CURRENT BILL STATUS MEASURE : S.B. No. 1540 AUTHOR(S) : Sher (Coauthor: Assembly Member Papan). TOPIC : California Dam Decommission, River Restoration, and Public Safety Act of 2000. HOUSE LOCATION : SEN TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 04/11/2000 LAST HIST. ACTION : Set, first hearing. Hearing canceled at the request of author. Set for hearing April 26. COMM. LOCATION : SEN AGRICULTURE AND WATER RESOURCES HEARING DATE : 04/26/2000 TITLE : An act to amend Section 5093.69 of, and to add Chapter 1.45 (commencing with Section 5093.72) to Division 5 of, the Public Resources Code, relating to rivers. http://www.leginfo.ca.gov/pubPoill/sen/sb_1501-1550/sb 1540 bill 20000418 status.html 4/20/00 SB 1540 Senate Bill - History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER : S.B. No. 1540 AUTHOR : Sher TOPIC : California Dam Decommission, River Restoration, and Public Safety Act of 2000. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2000 Apr. 11 Set, first hearing. Hearing canceled at the request of author. Set for hearing April 26. Apr. 5 Set for hearing April 11. Mar. 28 From committee: Do pass, but first be re-referred to Com. on RLS. (Ayes 5. Noes 3. Page 3950.) Re-referred to Com. on RLS. Mar. 20 Set for hearing March 28. Mar. 9 To Com. on N.R. & W. Feb. 18 From print. May be acted upon on or after March 19. Feb. 17 Introduced. Read first time. To Com. on RLS. for assignment To print. ' http://www.leginfo.ca, gov/pubPoill/sen/sb_1501-1550/sb_1540_bi11_2000041 l_history.html 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 1 of 5 SENATE COMMITTEE ON AGRICULTURE AND WATER RESOURCES Jim Costa, Chairman SB 1540 (Sher) As Proposed to be Amended Hearing Date: April 11, 2000 Fiscal: Yes Consultant: Brent Walthall PURPOSE OF BILL: To enact the California Dam Decommission, River Restoration, and Public Safety Act of 2000 which would require the Resources Agency to conduct studies that assess the feasibility of removing or modifying dams to restore fish habitat. To create the Dam Decommission Fund to fund the study and remove or modify dams to benefit fisheries. PRIOR ACTIONS: Senate Natural Resources Committee 5-3 BACKGROUND: In the last few years there have been several successful projects to remove small dams in an effort to allow salmon and steelhead to migrate further upstream to their historic spawning grounds. In 1998 the Secretary of the Interior announced that the federal government would look for opportunities to remove dams in situations where the dams had outlived their usefulness or for economic reasons were no longer beneficial. The most famous of these federal efforts was the partial removal of the Edwards Dam on the Kennebec River in Maine which made national news. In recent years, dam removal efforts in California have been spurred on by environmental groups, water user groups, some private landowners, and the federal government. In Butte County, four irrigation diversion dams were removed to provide passage for salmon and steelhead to habitat they had not been able to reach for decades. On Battle Creek, the Pacific Gas and Electric Company voluntarily negotiated with the Department of Interior for the removal of several hydroelectric dams, and modification of other dams to provide an additional 41 miles of salmon and steelhead habitat. Even as SB 1540 moves through the 1540 Page 2 SB Legislature voluntary negotiations are occurring on Clear Creak http://www.leginfo.ca, gov/pub/bill/sen/sb_.../sb_1540_cfa_20000410_081239_sen_comm.htm 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 2 of 5 to remove an irrigation dam and provide the current water users with water from an alternative source. In addition to these efforts, CalFED has included a study of potential dam removal in its Integrated Storage Investigation (ISI). The ISI includes a Fish Barrier Removal Program (FBRP) that will inventory and document past dam removal projects, assess the benefits and impacts of additional dam removal, and determine a priority for future action. The FBRP will include only the areas of the Central Valley that are included in the CalFED program scope. This leaves significant areas of the state outside the scope of the CalFED study. PROPOSED LAW: The bill would amend the Wild and Scenic Rivers Act to require the secretary of the Resources Agency to conduct a study that identifies and assesses the feasibility of removing or modifying dams to restore fish habitat and to allow the river to return to its "free-flowing" character. The bill removes the authority of the director of Fish and Game to perform these studies and instead places that authority with the secretary of the Resources Agency. The bill would enact the California Dam Decommission, River Restoration, and Public Safety Act of 2000. The Act makes findings and declarations pertaining to the reasons dam removal would be beneficial to restoration of fisheries. The Act would require the Secretary of the Resources Agency to complete a report to the Governor and the Legislature that evaluates dams for removal. The report would inventory existing dams that are suitable for removal, but exempts dams that are part of the Central Valley Project, the State Water Project or dams that provide essential flood control, water supply or hydroelectric benefits. The author will propose amendments that include essential recreation as an additional reason for which a dam could be exempted from the report. The report must identify and discuss: Uses of land or water that would be enhanced, eliminated, or limited as a result of dam removal; 1540 Page 3 SB The lack of economic or socioeconomic value of allowing the dam to remain as compared to the environmental and public safety value of removing the dam; and Alternative methods for continuing the beneficial uses provided by the dam if the dam is removed. The report would also require the secretary to develop cost estimates for work to remove or modify dams as recommended by the report. http://www, leginfo.ca, gov/pub/bill/sen/sb_.../sb_1540_cfa_20000410_081239_sen_comm.htm 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 3 of 5 The bill establishes the Dam Decommissioning Fund in the State Treasury. No monies are deposited in the fund, but the fund would be authorized to receive monies from gifts, donations, G.O. bonds, general revenue funds, federal grants and loans, or other sources. COMMENTS: California has 1,399 dams that are either 25 feet high or impound 50 acre-feet of water or more. The vast majority of these dams are small diversion facilities intended to provide water supplies for farms or cities, hydroelectric generation, or in some cases for debris detention. Many of these dams were constructed in the first half of this century and have outlived their usefulness. They are either choked full of sediment, no longer used as a source of water supply, or simply uneconomical to maintain. Unfortunately, even if the dam no longer serves a beneficial purpose it can still prohibit salmon and steelhead from reaching suitable spawning habitat. Requiring the Resources agency to identify and assess which of California's 1,399 dams could be removed or modified is a significant step in restoring the state's salmon and steel head populations. The bill as written would require the state to study the potential of removing or structurally modifying all dams in the state except the dams that are part of the Central Valley Project, the State Water Project, or dams that provide "essential flood control, water supply or hydroelectric benefits." What qualifies as "essential" is not defined by the bill. Documents provided to the committee by the bill's sponsor state that the beneficial uses of O'Shaughnessy Dam (Hetch Hetchy) could be provided by New Don Pedro Reservoir immediately downstream of O'Shaughnessy. Because O'Shaughnessy is not a CVP or SWP facility, and because the bill does not define what is meant by "essential flood control, water supply, or hydroelectric benefits" this bill could allow for the study, and 1540 Page 4 SB eventual funding, and removal of O'Shaughnessy Dam and other dams commonly believed to be exempt from this bill. Dam removal works like a seat belt: if you pull fast it goes nowhere, but if you pull slow you can go as far as you want. Ail of the previous dam removals in California have been based on voluntary efforts by the dam's owner or beneficiaries. As a result, dam owners have been comfortable working with regulatory agencies to find solutions to fish passage. If future efforts to remove dams lose their current focus on a voluntary process and become a forced regulatory process then it is likely that few if any additional dams will be removed. This bill only proposes a study and provides an unfunded account for later use once dam removal opportunities are identified. This is the right approach because it is an incremental step that is slow enough to ensure the success of future dam removal efforts and not an overly aggressive regulatory process that would slow the success of future efforts based on voluntary participation. http://www, leginfo.ca, gov/pub/bill/sen/sb_.../sb_1540_cfa_20000410_081239_sen_comm.htm 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 4 of 5 One of the things that has hampered efforts to remove or modify dams is a lack of information. The study required by this bill would provide a comprehensive review of California's dams and enable the state and others to identify opportunities to pursue removal or modification of dams that have outlived their usefulness. A lack of funding is often a significant impediment to the current voluntary efforts to remove or modify dams. Most of the successful dam removal projects have relied on money from water users, federal agencies, and private foundations. The state has played a very minor role in funding dam removal or modification. This bill would set up a fund which, once funded, could provide a ready source of funds that would allow the state to participate in dam removal projects on equal footing with the federal government and water users. In 1993, the Department of Water Resources published Bulletin 17 which is a comprehensive listing of all of the dams in California that are greater than 25 feet high or impound more than 50 acre-feet of water. The bulletin identifies 1,399 dams. This bill would require a study of each of these dams and an economic analysis of the beneficial purposes of each dam. Any effort to provide a credible study that includes an economic analysis of 1,399 facilities and the potential environmental benefits of each will require a very significant level of state funding. 1540 Page 5 SB The bill requires the study of dam removal opportunities to be complete by January 1, 2002. This would amount to a review of 2 dams per day including weekends and holidays even if the review is limited to the 1,399 dams under state jurisdiction. The author is considering amendments that would clarify that the report required by this bill would not duplicate the ongoing work being done by CalFED. The committee may be provided with a mock-up version of this amendment at the hearing. SUPPORT: American Rivers California League of Conservation Voters California Trout Endangered Habitats League Friends of the River Heal the Bay National Audubon Society Pacific Coast Federation of Fishermen's Associations Planning and Conservation League Sierra Club South Yuba River Citizens League OPPOSED: Association of California Water Agencies Northern California Water Agency http://www.leginfo.ca, gov/pub/bill/sen/sb_.../sb_1540_cfa_20000410_081239_sen_comm.htm 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 5 of 5 http://www.leginfo.ca, gov/pub/bill/sen/sb_.../sb_1540_cfa_20000410_081239_sen_comm.htm 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 1 of 5 SENATE NATURAL RESOURCES AND WILDLIFE Senator Tom Hayden, Chair 2000 Neiswender 2000 BILL NO: SB 1540 AUTHOR: Sher VERSION: Original: February 17, Amended: FISCAL: Yes URGENCY: No CONSULTANT: K.M. HEARING DATE: March 28, SUBJECT: Dam de-commissioning, river restoration ISSUE: Should the legislature enact the California Dam Decommission, River Restoration and Public Safety Act of 2000, which will develop a statewide inventory of existing dams and water diversions, in order to determine which ones should be decommissioned for the purpose of restoring salmon and steelhead fisheries? SUMMARY: SB 1540 would mandate the Secretary of Resources complete an inventory of existing dams and water diversions within the state, for the purpose of assessing which dams should be decommissioned or removed to facilitate the return of salmonids to spawning areas. Exempted from the inventory are dams and water diversions that are actively being used for water supply uses or electric power. SB 1540 would further require the Secretary to recommend to the Legislature measures that should be taken to free spawning habitat for the salmonids, including dam removal or modification. The Secretary shall include recommendations of legislative actions necessary to protect the fisheries and wildlife value of the system. http://www.leginfo.ca.gov/pub/bill/sen/sb_.../sb_1540_cfa_20000328 085328 sen comm.htm 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 2 of 5 BACKGROUND & EXISTING LAW: Public interest in dam removal is a relatively recent phenomenon, but taking down old dams has been used for 80 years to restore fisheries. Between 1920 and 1956, twenty-two dams in the Klamath River drainage were removed, opening 100 miles of good fish habitat. The cost to the state was $3,000. In 1969, the City of Eureka blew up the Mad River's 55-foot high Sweasey Dam to improve fish passage. Since 1982, at least three dams have been removed in Napa and San Luis Obispo Counties. More recently, two or four small irrigation dams were removed on Butte Creek, and eliminated 12 unscreened water diversions. Two other dams will be removed shortly, helping with the return of 20,000 spring run chinook salmon to the watershed. The cost is an estimated $9 million. The CalFed project has formally adopted dam removal as a tool for restoring both habitat and basic ecological functions of rivers. Migratory fish restoration plans for the Central Valley, developed both by US Fish & Wildlife and the Department of Fish & Game, consider dam removal as a viable option for restoring fisheries and habitat. As public trust regulations governing river flows and fish passage are enforced, some dam owners are discovering it is cheaper to remove a structure than build fish ladders or increase flows. It is into this environment that SB 1540 emerges. PROPOSED LAW: The bill would do the following: 1) Existing Public Resources Code section 5093.69 (enacted in 1982), requires the Resources Agency to recommend to the Legislature specific actions which will help in restoration of salmon and steelhead habitat. The section further mandates studies which are to determine how best to accomplish the reopening of at least 100 miles per year of spawning and nursery areas, from 1982 through 1990. SB 1540 would extend this from passage of this measure through 2010. Further, dam decommissioning, removal, or modification are to be considered in the studies as well. 2) SB 1540 would enact the "California Dam Decommission, River Restoration, and Public Safety Act of 2000." http://www.~eginf~.ca.g~v/pub/bi~~/sen/sb-.../sb-~54~-cfa-2~~~~328-~85328-sen-c~mm.htm 4/20/00 SB 1540 Senate Bill - Bill Analysis Page 3 of 5 3) The Act makes findings that select dams block passage of adult salmonids to their habitat, and findings concerning the fact that many existing dams are not being used for flood control, water supply, or anything else, because of sediment collection or lack of maintenance. Some dams have been abandoned; others are unsafe. 4) With the aim of restoring spawning and riparian habitat for the salmonids, the Act requires the Secretary of Resources to prepare a report for the Governor and the Legislature evaluating the suitability of decommissioning, demolition, removal or modification of dams, diversions and other impoundment facilities. The Secretary's report would inventory existing dams and diversions suitable for removal; excluded from the inventory are any components of the Central Valley Project, the State Water Project, and any facilities that provide "essential flood control, water supply, or hydroelectric benefits." Within the report, the Secretary is provide cost estimates for removal of the structures recommended for decommissioning. 5) SB 1540 also creates the "Dam Decommission Fund" in the State Treasury. Money for the fund can be appropriated by the Legislature, or can be obtained through the sale of bonds, federal grants or loans, gifts, donations, or other sources. COMMENTS: The measure builds on existing practice regarding dam removal, and facilitates decision-making by creating a statewide inventory of dams. Nothing in the measure mandates dam removal, forces the removal of water diversions, or limits irrigation flows. It will become a tool for both the public trust agencies, as well as the legislature. A prime example of the type of dam SB 1540 would affect is Rindge Dam on the Malibu Creek. The dam is nearly 100 years old, and is entirely filled with sediment. It has no purpose for water supply, flood control, or irrigation. The dam blocks access up the Malibu Creek for the southern California population of steelhead. Notching down the dam (a controlled removal over several years) would cost relatively little, bring sand and sediment down the Creek for beach replenishment, and encouragement the return of the steelhead. SB 1540 would inventory and recommend action on dams like Rindge, which would benefit the restoration of river ecosystems and fisheries, without affecting water supply or flood control. http://www, leginfo.ca, gov/pub/bill/sen/sb_.../sb_1540_cfa_20000328_O85328_sen_comm.htm 4/20/00 SB 1.540 Senate Bill - Bill Analysis Page 4 of 5 SUPPORT: Alameda Creek Alliance American Lands Alliance American Rivers (Washington DC) American Whitewater The Bay Institute California Outdoors California Sportsfishing Protection Alliance California Trout California League of Conservation Voters (CLCV) Citizens for Alternative Water Solutions Coast Range Ecosystem Alliance Conception Coast Project Delta Keeper Ecology Center of Southern California Environmental Defense Center of Ventura County Environmental Defense Environmental Protection Information Center Endangered Habitats League Federation of Flyfishers, Northern California Council Forest Issues Group Friends of the Santa Clara River Friends of the River Gray Panthers of Northern California Heal the Bay Middle Yuba River Area Citizens League National Audubon Society - California Natural Heritage Institute Nevada County Green Party Planning and Conservation League Pacific Coast Federation of Fishermen's Associations Pacific Gas and Electric Company San Diego Trout Save the Bay Sierra Club California Sierra Club Angeles Chapter, River Touring Section Student Environmental Resource Center (UC Davis) South Yuba River Citizens League (SYRCL) Southern California Steelhead Recovery Coalition Tuolumne River Preservation Trust Ventana Chapter of the Sierra Club Visual Voices: Threat of the Dam Paul Henry Abram (Hanford) Kevin Dwan (Sebastopol) Keith Warner, Franciscan Friars (San Juan Bautista) Owen Solberg (San Francisco) Andrew Moore (Belmont) Pamela Metzow (North Coast) http://www, leginfo.ca, gov/pub/bill/sen/sb_.../sb_1540_cfa_20000328_085328_sen_comm.htm 4/20/00 SB iL540 Senate Bill - Bill Analysis Page 5 of 5 OPPOSED: None on file http://www.~eginf~.ca.g~v/pub/bi~~/sen/sb-.../sb-~54~-cfa-2~~~~328-~85328-sen-c~mm.htm 4/20/00 SB 1540 Senate Bill- Vote Information Page 1 of 1 VOTES - ROLL CALL MEASURE: SB 1540 AUTHOR: Sher TOPIC: California Dam Decommission, River Restoratio DATE: 03/28/2000 LOCATION: SEN. N.R. & W. MOTION: Do pass, but re-refer to the Committee on Rules. (AYES 5. NOES 3.) (PASS) AYES Alpert Bowen Johnston Solis Sher NOES Monteith Johannessen Leslie Hayden ABSENT, ABSTAINING, OR NOT VOTING http://www.leginfo.ca, gov/pub/bill/sen/sb.../sb_1540_vote_20000328 000001 sen comm.htm 4/20/00 -- __ __ AMENDED IN ASSEMBLY APRIL 13, 2000 AMENDED IN ASSEMBLY MARCH 29, 2000 CALIFORNIA LEGISLATURE--1999-2000 REGULAR SESSION ASSEMBLY BILL No. 1956 Introduced by Assembly Member Keeley (Coauthors: Assembly Members Aroner, Bock, ~ Firebaugh, Knox, Kuehl, and Strom-Martin) February 15, 2000 An act to add Title 17 (commencing with Section 98050) to the Government Code, to amend Section 377 of, and to add Section 851.1 to, the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGEST AB 1956, as amended, Keeley. Utilities: hydroelectric assets. (1) Existing law requires, after market valuation, a public utility wishing to retain ownership of nonnuclear generation assets in the same corporation as the distribution utility to demonstrate to the Public Utilities Commission that retention is in the public interest and would not confer undue competitive advantage. This bill, in the case of hydroelectric assets, would authorize the Public Utilities Commission to accept a deemed valuation in lieu of a market valuation when the public utility proposes a mechanism to share the results of future operations with ratepayers. 97 AB 1956 -- 2 -- (2) Existing law requires a public utility, other than a specified common cartier, to secure authorization from the Public Utilities Commission before disposing of or encumbering certain property necessary or useful in the performance of its duties to the public, or any related franchise, permit, or right. Existing law states that the above provision shall not prevent the disposition by any public utility of property that is not necessary or useful in the performance of its duties to the public, and any disposition of property by a public utility shall be conclusively presumed to be of property that is not useful or necessary in the performance of its duties to the public. Existing law authorizes the commission, by order or rule, to exempt any public utility or class of public utility from provisions governing the disposal of utility property, as prescribed. This bill would impose additional requirements on the maintenance, operation, and sale of hydroelectric assets, as prescribed. If the specified assets are to be sold, the state would have first right of refusal, as prescribed. The state would have the right to a public appraisal process prior to exercising this right of first refusal, as prescribed. The simple average of the 3 final appraisals would be deemed to be full compensation for any hydroelectric asset acquired by the state. If the state acquires hydroelectric assets, a special purpose trust called the Consumers' Energy and Environmental Security Authority would be created to operate the assets, as specified, and ensure that they are managed in an environmentally and economically sound manner, and are disposed of to private entities, as prescribed. The bill would also require the authority to ensure that there is no net loss of energy production capacity, as prescribed. The bill would also require the authority to address specified facility decommissioning and water quality issues and use specified environmental reports from other agencies. The bill would authorize the sale of revenue bonds to finance the purchase of the assets, as prescribed. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 97 AB 1956 Assembly Bill- Status Page 1 of 1 CURRENT BILL STATUS MEASURE : A.B. No. 1956 AUTHOR(S) : Keeley (Coauthors: Aroner, Bock, Firebaugh, Knox, Kuehl, and Strom-Martin). TOPIC : Utilities: hydroelectric assets. HOUSE LOCATION : ASM +LAST AMENDED DATE : 04/13/2000 TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 04/13/2000 LAST HIST. ACTION : Read second time and amended. FILE : ASM SECOND READING FILE DATE : 04/13/2000 ITEM : 50 TITLE : An act to add Title 17 (commencing with Section 98050) to the Government Code, to amend Section 377 of, and to add Section 851.1 to, the Public Utilities Code, relating to public utilities. http://www.leginfo.ca.gov/pub/bill/asm/ab_1951-2000/ab 1956 bill 20000418 status.html 4/20/00 AB 1956 Assembly Bill- History Page 1 of 1 COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 1956 AUTHOR : Keeley TOPIC : Utilities: hydroelectric assets. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2000 Apr. 13 Read second time and amended. Apr. 12 From committee: Amend, do pass as amended, and re-refer to Com. on U. & C. (Ayes 6. Noes 5.) (April 3). Mar. 30 Re-referred to Com. on NAT. RES. Mar. 29 From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. Mar. 23 Referred to Coms. on NAT. RES. and U. & C. Feb. 16 From printer. May be heard in committee March 17. Feb. 15 Read first time. To print. http://www, leginfo.ca.gov/pub/bill/asm/ab_ 1951-2000/ab_ 1956_bi11_20000413_history.html 4/20/00 AB 1956 Assembly Bill - Vote Information Page 1 of 1 VOTES - ROLL CALL MEASURE: AB 1956 AUTHOR: Keeley TOPIC: Utilities: hydroelectric assets. DATE: 04/03/2000 LOCATION: ASM. NAT. RES. MOTION: Do pass as amended and be re-referred to the Committee on Utilities and Commerce. (AYES 6. NOES 5.) (PASS) AYES Wayne Jackson Keeley Lowenthal Migden Steinberg NOES Aanestad Dickerson Robert Pacheco Machado Oller ABSENT, ABSTAINING, OR NOT VOTING http://www.~eginf~.ca.g~v/pub/bi~~/asm/a.../ab-~956-v~te-2~~~~4~3-~~~~~2-asm-c~mm.htm 4/20/00 -- 3 -- AB 1956 The people of the State of California do enact as follows: 1 SECTION 1. Title 17 (commencing with Section 2 98050) is added to the Government Code, to read: TITLE 17. CONSUMERS' ENERGY AND ENVIRONMENTAL SECURITY ACT CHAPTER 1. GENERAL PROVISIONS 98050. This title shall be known, and may be cited, as 10 the Consumers' Energy and Environmental Security 11 Authority Act. 12 98052. It is the purpose of this title to carry out and 13 make effective the findings of the Legislature as set forth 14 in Section 851.1 of the Public Utilities Code, and to protect 15 and preserve the environment and the hydroelectric 16 assets, including the residual watershed lands, and local 17 water supply potential from these assets of the state, all 18 to the mutual benefit of the people of the state and to 19 protect their health and welfare. 20 98054. As used in this title, the following terms have 21 the following meanings: 22 (a) "Authority" is the Consumers' Energy and 23 Environmental Security Authority established pursuant 24 to this title, and any board, authority, department, or 25 officer succeeding to the functions of the authority, or to 26 which the powers conferred upon the authority by this 27 title shall be given. 28 (b) "Board" is the board of directors of the authority. 29 (c) "FERC" is the Federal Energy Regulation 30 Commission. 31 (d) "Hydroelectric asset" has the same meaning as set 32 forth in paragraph (3) of subdivision (d) of Section 851.1 33 of the Public Utilities Code. Hydroelectric assets may also 34 be referred to as assets or facilities, and has the same 35 meaning as hydroelectric asset. 36 (e) "Net profits" is net income after expenses, as 37 defined by standard accounting procedures in 38 accordance with standard business practices. 39 AB 1956 4 1 CHAPTER 2. ORGANIZATION OF AUTHORITY 2 3 98056. (a) There is in the state government a special 4 purpose trust called the Consumers' Energy And 5 Environmental Security Authority. The authority 6 constitutes a public instrumentality, and the exercise by 7 the authority of powers conferred by this title is the 8 performance of an essential public function. 9 (b) The authority shall be govemed by an 10 independent, nine-member board of directors, 11 appointed as follows: 12 (1) Three members appointed by the Speaker of the 13 Assembly, one of whom shall represent county 14 government interests from a county in which at least one 15 of the subject assets are physically located, one of whom 16 shall represent ratepayer interests, and one of whom shall 17 represent organized labor. For purposes of this section, 18 environmental interests include, but are not limited to, 19 interests from the applicable fields of science, or 20 economic and nonprofit interests including tourism, 21 recreation, boating, and fishing. 22 (2) Three members appointed by the President pro 23 Tempore of the Senate, one of whom shall represent 24 environmental interests from a county in which at least 25 one of the subject assets is physically located, one of whom 26 shall represent commercial fishing interests, and one of 27 whom shall represent water management interests from 28 a county in which at least one of the subject assets is 29 physically located. 30 (3) Two members appointed by the Governor, one of 31 whom shall represent environmental interests, and one of 32 whom shall represent ratepayer interests. 33 (4) One member appointed by the Treasurer. 34 (5) At the first meeting of the authority, the members 35 of the board of directors shall elect a chairperson by 36 majority vote. 37 (6) For purposes of this subdivision, environmental 38 interests include, but are not limited to, interests from 39 applicable fields of science, or economic and nonprofit 97 -- 5 -- AB 1956 1 interests, including tourism, recreation, boating, and 2 fishing. 3 (c) Members of the board of directors shall serve for 4 a term of six years. Members of the board of directors may 5 only be removed upon a majority vote of the other 6 members of the board upon a showing of just cause. 7 (d) At any time during the conduct of the business of 8 the authority, any member who has or may have an 9 interest in any business that causes a potential conflict of 10 interest, that member shall abstain from any decision 11 affecting that decision. 12 (e) The board of directors shall adopt rules of conduct 13 and procedure as it deems appropriate to govern the 14 nature of contact between the members and other parties 15 who may have a direct interest in the conduct of the 16 authority's business. 17 (f) The board of directors shall adopt such rules of 18 procedures as it deems appropriate to provide for public 19 participation and the preparation of public documents as 20 necessary to provide the foundation or support 21 underlying its decisions. 22 98058. The board of directors of the authority shall 23 serve without compensation; however, each director 24 shall receive the necessary travel and other expenses 25 incurred in the performance of his or her official duties. 26 When necessary, the directors of the authority may travel 27 within and without the state. 28 98060. The provisions of this title shall be 29 administered by the authority, which shall have all 30 powers reasonably necessary to carry out the powers and 31 responsibilities expressly granted or imposed upon it 32 under this title. 33 98062. The authority shall maintain an office in the 34 City of Sacramento. 35 98064. The authority may employ an executive 36 director and any other persons as are necessary to enable 37 it properly to perform the duties imposed upon it by this 38 title. The executive director shall serve at the pleasure of 39 the authority and shall receive an amount of 40 compensation as shall be fixed by the authority. The AB 1956 m 6 m 1 authority may delegate to the executive director the 2 power to enter into contracts on behalf of the authority. 3 98066. (a) The authority shall, in accordance with 4 Chapter 3.5 (commencing with Section 11340) of Part 1 5 of Article 3 of Title 2, adopt all necessary rules and 6 regulations to carry out this title. 7 (b) The authority may call upon any board or 8 department of the state government for aid and 9 assistance in the acquisition and management of 10 hydroelectric assets. 11 98068. (a) The Attorney General shall be the legal 12 counsel for the authority, but with the approval of the 13 Attorney General, the authority may employ such legal 14 counsel as in its judgment is necessary or advisable to 15 enable it to carry out the duties and functions imposed 16 upon it by this title, including the employment of bond 17 counsel as may be deemed advisable in connection with 18 the issuance and sale of bonds. 19 (b) The member appointed by the Treasurer shall be 20 the treasurer of the authority. 21 22 CHAPTER 3. POWERS AND DUTIES 23 24 98070. The authority is authorized and empowered to 25 do all of the following: 26 (a) Adopt an official seal. 27 (b) Sue and be sued in its own name. 28 (c) Do all things generally necessary or convenient to 29 carry out its powers and the purposes under this title, 30 including, but not limited to, all actions necessary to 31 acquire any hydroelectric facility and associated 32 watershed lands sold pursuant to Section 851.1 of the 33 Public Utilities Code. 34 (d) Employ and fix the compensation of bond counsel, 35 financial consultants, and advisers as may be necessary in 36 its judgment in connection with the issuance and sale of 37 any bonds, notes, bond anticipation notes, or other 38 obligations of the authority. 39 (e) Contract for engineering, architectural, 40 accounting, or other services of appropriate state 97 -- 7 -- AB 1956 1 agencies as may be necessary in the judgment of the 2 authority for the successful acquisition and management 3 of any hydroelectric facility. 4 (f) Pay the reasonable costs of consulting engineers, 5 architects, accountants, and construction experts, if, in 6 the judgment of the authority, those services are 7 necessary to the successful acquisition, management, or 8 sale of hydroelectric assets, and provided that those 9 services are not obtainable from any state agency. 10 98072. The authority shall establish a system of 11 accounting in accordance with standard business 12 practices. 13 98074. The authority may enter into a partnership 14 with a county, water district, or other entity, if the board 15 of directors determines that the parmership would be in 16 furtherance of its goals and is in accordance with the 17 priorities set out in Section 98078. 18 98076. The authority shall honor the terms and 19 conditions of any employment and organized labor 20 agreement in force at the time of transfer of a 21 hydroelectric facility, including any renewal provisions. 22 98078. (a) The board of directors shall ensure that 23 the operation of all hydroelectric assets acquired by the 24 state shall honor the contractual and other legal 25 commitments relating to the financing and operation of 26 the hydroelectric asset, in existence as of January 1, 2000, 27 and shall operate the facilities to achieve the following 28 objectives: 29 (1) Meeting the authority's debt service obligations. 30 (2) The environmental remediation and 31 improvement of natural resources within the watershed 32 that have been either adversely affected by the 33 hydroelectric operations, or through proper restoration 34 may enhance environmental benefits from the assets. 35 These may include activities both above and below on 36 stream diversion and storage facilities. This includes the 37 use of net revenue for these activities. 38 (3) Integration of hydroelectric operations with all 39 other associated facilities for any local water supply 40 increases, water quality improvements, or other benefits 97 AB 1956 -- 8 -- 1 that might arise from integrated operation where such 2 operations are demonstrably consistent with the 3 environmental priorities set forth in paragraph (2) and 4 where the operations do not jeopardize the authority's 5 ability to meet its financial obligations under Section 6 98096. 7 (4) Minimizing retail electricity rates. 8 (5) Implementing measures to ensure no net loss of 9 energy production capacity of the system. The authority 10 shall achieve this objective by replacing net energy 11 production lost from the hydroelectric system as a result 12 of the authority's activities as compared to the net energy 13 that would have been produced by the system after 14 achieving compliance with modern federal and state 15 regulatory requirements for federal power licensing or 16 state water quality standards. This replacement may be 17 achieved through any combination of the following 18 measures, as determined by the board to be appropriate 19 and consistent with the authority's purposes: 20 (A) Installation of new energy equipment or repair 21 and rehabilitation of existing energy equipment, such as 22 turbines or generators, at existing facilities to improve the 23 energy production efficiency of the facility when using 24 the same quantity of water as the authority would 25 otherwise use for this purpose. 26 (B) Repair or rehabilitation of water conveyance 27 facilities, such as penstocks, when using the same quantity 28 of water as the authority would otherwise use for this 29 purpose. 30 (C) Energy loss reduction through repair or 31 rehabilitation of energy distribution systems and grid 32 stations presently serving the facilities. 33 (b) Any annual net profits, as determined by standard 34 accounting methods and procedures established by the 35 board pursuant to Section 98072, from the state operation 36 of a hydroelectric asset by the authority shall, upon 37 appropriation, be allocated by the authority, as follows: 38 (1) Fifty percent of the total annual net profits shall be 39 distributed to the customers of the authority, in the form 40 of a cash rebate or dividend paid directly to each -- 9 -- AB 1956 1 customer in proportion to their pro rata share of total 2 energy produced by the hydroelectric asset. 3 (2) Fifty percent of total annual net profits shall be 4 retained by the authority to use for environmental 5 management and restoration activities within the 6 watershed that have been adversely affected by 7 hydroelectric operations or through proper restoration 8 may enhance environmental benefits from the asset. 9 These may include actions above and below on stream 10 diversion and storage facilities. These activities may 11 include, but are not limited to, all of the following: 12 (A) Projects that would make physical or operational 13 improvements to the facilities for purposes of improving 14 or restoring fish and wildlife habitat, particularly with 15 respect to the protection and enhancement of 16 endangered species, water quality including such 17 measures as may be necessary to meet state water quality 18 standards as provided in Division 7 (commencing with 19 Section 13000) of the Water Code, measures to improve 20 fish passage, and recreation. These projects shall also, at 21 a minimum, meet the goals, standards, and guidelines of 22 applicable federal land and resource management plans 23 and other comprehensive plans recognized by the FERC. 24 (B) Projects that would terminate the use of facilities 25 for energy production purposes, but may retain them for 26 other purposes, such as protection of downstream water 27 quality. 28 (C) Termination or discontinuance of water diversion 29 works for purposes of water quality, recreation or fish and 30 wildlife habitat improvement. 31 (D) Installation of water quality monitoring and any 32 other equipment and scientific studies as the board 33 determines necessary for purposes of achieving the 34 authority's purposes. 35 (E) Measures to change licenses issued by FERC in 36 furtherance of the authority's purpose, including 37 measures as may be necessary to prepare for, or otherwise 38 secure, relicensing by FERC. 39 98079. Subject to the board's responsibility under 40 Section 98096 the board shall: 97 AB 1956 -- 10- 1 (a) Undertake all measures that are necessary to 2 achieve the goals of the authority provided for in Section 3 98078 including, but not limited to, all of the following: 4 (1) Investments in the physical plant for fish passage, 5 temperature control, water quality monitoring, 6 decommissioning, and removal of dams, diversions, or 7 other facilities as the board deems appropriate. 8 (2) Operating changes in the facilities to improve fish 9 and wildlife habitat, recreation, water quality or other 10 improvements consistent with this act. 11 (3) Development and implementation of plans for the 12 management and future ownership of the lands to 13 maximize their long-term protection and enhancement 14 of the role of the lands for watershed protection. 15 (4) Make applications to the FERC or the State Water 16 Resources Control Board or any other governmental 17 agency to modify or otherwise incorporate into licenses, 18 permits, or certifications measures that board deems 19 appropriate for the long-term management of the 20 facilities after the authority no longer owns the assets to 21 sustain and perpetuate the environmental achievements 22 for the future. 23 (b) The authority shall inventory, assess, and develop 24 a management strategy and implementation plan for the 25 residual watershed lands whereby the plan will conserve 26 the ecosystem values of those lands. The management 27 strategy and plan shall identify the biological, open space, 28 recreational, public access, and historical values of the 29 lands and identify the appropriate ownership or 30 management structure to manage specific lands to 31 maximize the values identified in the plan. The 32 ownership or management structures to be considered 33 shall include, but are not limited to, ownership by an 34 appropriate state or federal agency or dedication by the 35 authority or subsequent owner of conservation 36 easements to provide for the long-term management to 37 maximize the values identified in the management 38 strategy. 39 (c) The authority shall transfer ownership of all of the 40 residual watershed lands to an appropriate owner as 97 -- 11 -- AB 1956 1 identified in the management strategy and plan no later 2 than December 31 of the sixth year of authority 3 ownership. Where identified in the management plan, 4 conservation easements shall be placed on the residual 5 watershed lands that will prevent any uses that will 6 significantly impair or interfere with the values identified 7 in this chapter. 8 98080. (a) The authority may sell partial or complete 9 interest in selected facilities consistent with system 10 management priorities set out in Section 98078. 11 (1) The authority shall offer the power purchase 12 contracts of the California Association of Public Power 13 Agencies for sale within 18 months of acquisition by the 14 authority to these agencies, consistent with the provisions 15 of subdivision (b) of Section 98078. The contracts shall be 16 offered at the value determined by the authority. 17 (2) Any power purchase contracts once offered, and if 18 not purchased by the agencies, shall remain as 19 hydroelectric assets as defined by this title, and disposed 20 of consistent with the provisions of this title and the 21 specific provisions of the power purchase contract. 22 (b) Before selling any facility prior to the six-year 23 deadline specified in Section 98084, the board of directors 24 shall make the following findings: 25 (1) Disposition of the asset is financially sound and will 26 not jeopardize the ability of the authority to meet its 27 obligations as set forth in Section 98096. 28 (2) That license amendments conform operational 29 conditions for the hydroelectric facilities to the 30 environmental purposes and priorities of the authority, 31 including where applicable rationalizing the licenses 32 issued by the FERC to correspond to watershed 33 boundaries to the maximum extent possible, and these 34 license amendments have been granted or are pending 35 before the FERC and will not be jeopardized by the sale. 36 (3) Environmental improvements have been made to 37 the asset as applicable in the following areas: 38 (A) Uneconomic facilities or facilities that do not 39 contribute significantly to the energy requirements of 40 the state have been, or shall be, decommissioned, and the 97 AB 1956 -- 12 -- 1 applicable license surrendered to a qualified entity for 2 purposes of discontinuance of future energy use. When 3 considering facilities for decommissioning, the authority 4 shall consider all of the following: 5 (i) Partial decommissioning whereby the facility 6 continues as an energy producing facility in conjunction 7 with multiple purpose management of the facility. 8 (ii) Decommissioning of the facility as an energy 9 facility, but continuation of the facility for other purposes 10 such as water management for fisheries, water supply, or 11 water quality. 12 (iii) Partial or complete removal of the structures 13 consistent with the purposes of the authority. 14 (iv) The existing uses of the facility for purposes of 15 recreational, water quality, water supply, and other 16 socioeconomic impacts and their value relative to the 17 environmental benefits of that facility's discontinued 18 operations. 19 (B) Outstanding regulatory issues have been or shall 20 be addressed, to include, but not limited to: 21 (i) Expired or expiring FERC licenses have met all 22 environmental terms and conditions for renewal or 23 relicensing of the asset. 24 (ii) FERC licenses that are currently reopened for 25 compliance with one or more license terms and 26 conditions have been addressed in the most 27 environmentally sound terms. 28 (iii) Any existing or pending water quality or water 29 rights issues before the State Water Resources Control 30 Board have been addressed in the most environmentally 31 sound terms including any water quality certifications or 32 other approvals as may be necessary on the part of the 33 State Water Resources Control Board. 34 (iv) Any existing or pending issues with respect to 35 state or federal endangered species have been addressed 36 in compliance with applicable state and federal law, and 37 to the benefit of those species. 38 (v) Measures determined by the board as necessary 39 for the protection or enhancement of fish and wildlife 40 habitat, or fish passage, or other water quality 97 -- 13-- AB 1956 1 improvements have been undertaken and either are 2 complete or will be completed under the terms of sale to 3 the new party as part of that party assumption of 4 ownership and ownership responsibilities as provided in 5 subdivision (d) of Section 98080. 6 (vi) The schedule for completion of these measures 7 shall be consistent with the schedule required for timely 8 completion of any procedures and findings necessary by 9 the applicable state and federal agencies associated with 10 any facility presently in consideration by the FERC for 11 relicensing or the State Water Resources Control Board, 12 or not later than the expiration of any existing license for 13 any project wherein the FERC license has not yet 14 expired. 15 (c) To the extent that any outstanding regulatory 16 issues have not been resolved prior to sale, a restoration 17 plan shall be adopted and shall be accepted by the new 18 owner to complete all measures set forth in the plan 19 within the timeframe established in the plan, including, 20 but limited to, all of the following: 21 (1) Completion of any license amendment 22 requirements with FERC. 23 (2) Completion of any procedures with the State 24 Water Resources Control Board or any regional water 25 quality control boards, as applicable, in order to fulfill 26 water quality, water supply, or water contract obligations. 27 (3) Execution of any species recovery plans or other 28 management plans for fish and wildlife as set forth in the 29 restoration plan. 30 (4) Completion of any remaining facility changes as 31 set forth in the restoration plan including, but not limited 32 to, fish passage facilities and water temperature control 33 facilities. 34 (5) Completion of an agreement to incorporate into 35 future operations and management of the hydroelectric 36 facilities measures as will meet the goals and objectives of 37 multiobjective watershed management plans or 38 strategies that are developed with participation by the 39 public at large, public agencies, local counties, and other 40 stakeholders identified by the authority in an open and 97 AB 1956 m 14 -- 1 public process. The purpose of the watershed plans is to 2 provide criteria, objectives, and a coordinated process to 3 assist in implementing multiobjective watershed plans to 4 accomplish the following: 5 6 (A) Improve water quality of surface water bodies and 7 groundwater basins consistent with water quality 8 standards and requirements as are required, or may be 9 required, by the responsible agencies of the state or 10 federal govemment either as part of proceedings 11 underway at the time of sale or reasonably expected to be 12 required by the responsible agencies of the state or 13 federal govemment as part of future relicensing of the 14 projects, including provisions as may be established in 15 paragraphs (1) to (4), inclusive. 16 (-i-i-) 17 (B) Control erosion. 18 19 (C) Reduce flood damage. 20 6i.9 21 (D) Improve aquatic and terrestrial species habitat. 22 (-v-) 23 (E) Restore natural systems of meadow and 24 groundwater recharge. 25 26 (F) Improve ecosystem health. 27 28 (G) Reduce wildfire damage. 29 30 (H) Restore the broad spectrum of beneficial uses of 31 waters of the watersheds of the state. 32 (d) To the extent that any of the issues in the 33 restoration plan have not been fully addressed at the time 34 of the sale, the buyer shall post a performance bond of 10 35 percent of the purchase price committed to ensuring 36 completion of the restoration plan. Issuance of this bond 37 does not relieve the buyer of his or her duty to accomplish 38 all the items set forth in the restoration plan, nor limit the 39 buyer's financial responsibility to completely accomplish 40 all the items in the restoration plan. -- 15 -- AB 1956 1 98082. The authority may contract with a public or 2 private entity to operate a hydroelectric asset in 3 accordance with the policies and management priorities 4 set forth in Section 98078. 5 98084. (a) The authority shall sell the hydroelectric 6 asset not more than six years from the date that the 7 authority acquires the asset. 8 (b) The following procedures shall apply with respect 9 to the sale described in subdivision (a): 10 (1) By November 1 of the fifth year of acquisition, the 11 board shall prepare a restoration plan for each facility and 12 all accompanying land. The plan shall contain all the 13 items set forth in subdivision (c) of Section 98080. 14 (2) The authority shall adopt a disposition plan for all 15 assets that includes the following: 16 (A) Sale of hydroelectric assets, no later than 17 December 31 of the sixth year of authority ownership. 18 (B) Distribution of proceeds from the sale, as follows: 19 (i) Payment of all outstanding debt, including 20 servicing and repayment of revenue bonds issued. 21 (ii) Payment of remaining proceeds distributed to 22 each listed retail customer in the overlying distribution 23 utility company pro rata to each customer's annual 24 electricity delivered by that utility company. 25 (C) The authority is authorized to sell or otherwise 26 transfer ownership of any hydroelectric asset to a public 27 agency, or a watershed partnership composed of public 28 agencies with interests in the watershed directly affected 29 by the FERC licensed project at the same price and under 30 the same terms and conditions as it might otherwise sell 31 or transfer the asset to any other entity, consistent with 32 the purposes of the authority. 33 34 CHAPTER 4. BONDS AND NOTES 35 36 98088. The authority may incur indebtedness and 37 issue securities of any kind, and renew them, if all 38 indebtedness is payable solely from the revenues of the 39 authority. 97 AB 1956 -- 16- 1 98090. (a) At times that the authority desires to issue 2 bonds, as defined in Section 98092, it shall adopt a 3 resolution specifying the total amount of bonds proposed 4 to be issued. The maximum aggregate principal amount 5 of bonds that may be issued under the authority of this 6 title is three billion five hundred million dollars 7 ($3,500,000,000) plus the amount of any indebtedness 8 authorized by Section 98130. 9 (b) The limitation set forth in subdivision (a) does not 10 apply to bonds or other evidence of indebtedness, 11 including bond anticipation notes and commercial paper, 12 issued to refund bonds, bond anticipation notes, or 13 commercial paper. 14 98092. (a) The authority may, from time to time, 15 issue its negotiable bonds, notes, debentures, or other 16 securities,collectively called "bonds" for any corporate 17 purpose. 18 (b) The bonds may be authorized, without limiting the 19 generality of the foregoing, to finance a single acquisition 20 or multiple acquisitions consistent with this title. 21 98094. (a) In anticipation of the sale of the bonds as 22 authorized by Section 98088, or as may be authorized 23 pursuant to Section 98090, the authority may issue and 24 may renew, from time to time, negotiable bond 25 anticipation notes or commercial paper. The bond 26 anticipation notes and commercial paper may be paid 27 from the proceeds of sale of the bonds of the authority in 28 anticipation of which they were issued. 29 (b) Notes and relating agreements and bond 30 anticipation notes and commercial paper, collectively 31 called "notes," and the resolution authorizing the notes 32 or commercial paper, may contain any provisions, 33 conditions, or limitations that a bond, a relating 34 agreement, and a bond resolution of the authority may 35 contain, except that the notes and commercial paper, and 36 renewals, shall mature at a time not exceeding three years 37 from the date of issue of the original notes or commercial 38 paper. 39 98096. (a) Except as may be otherwise expressly 40 provided by the authority, every issue of its bonds, notes, 97 -- 17- AB 1956 1 or other obligation shall be general obligations of the 2 authority payable from any available revenues or money 3 of the authority, and not otherwise pledged, subject only 4 to any agreement with the holders of particular bonds, 5 notes, or other obligations pledging any particular 6 revenues or money and subject to any agreement with 7 any participating party. 8 (b) Notwithstanding that the bonds, notes, or other 9 obligations may be payable from a special fund, they shall 10 be, and be deemed to be, for all purposes negotiable 11 instruments, subject only to the provisions of the bonds, 12 notes, or other obligations for registration. 13 98098. (a) The bonds may be issued as serial bonds or 14 as term bonds, or the authority, in its discretion, may issue 15 bonds of both types. 16 (b) The bonds shall be authorized by resolution of the 17 authority and shall bear the date or dates, mature at the 18 time or times, not exceeding 50 years from their 19 respective dates, bear interest at the rate or rates, be 20 payable at the time or times, be in the denominations, be 21 in the form, either coupon or registered, carry the 22 registration privileges, be executed in the manner, be 23 payable in lawful money of the United States of America 24 at the place or places, and be subject to the terms of 25 redemption, as the resolution or resolutions may provide. 26 (c) The bonds or notes shall be sold by the Treasurer 27 within 60 days of receipt of a certified copy of the 28 authority's resolution authorizing the sale of the bonds, 29 except that the authority, at its discretion, may adopt a 30 resolution extending the 60-day period. The sales may be 31 at public or private sale, and for the price or prices and 32 on the terms and conditions, as the authority shall 33 determine. 34 (d) Pending preparation of the definitive bonds, the 35 Treasurer may issue interim receipts, certificates, or 36 temporary bonds that shall be exchanged for the 37 definitive bonds. The Treasurer may sell any bonds, 38 notes, or other evidence of indebtedness at a price or 39 prices below par value without any limitation on price or 40 prices. 97 AB 1956 -- 18- 1 98100. All expenses incurred in carrying out this title 2 shall be payable solely from funds provided under the 3 authority of this title and no liability or obligation shall be 4 imposed upon the State of California and, except as 5 provided in Section 98130, none shall be incurred by the 6 authority beyond the extent to which moneys shall have 7 been provided under this title. Under no circumstances 8 may the authority create any debt, liability, or obligation 9 on the part of the State of California payable from any 10 source whatsoever other than the moneys provided 11 under the provisions of this title. 12 98102. Any resolution or resolutions authorizing any 13 bonds, or any issue of bonds, may contain provisions, that 14 shall be a part of the contract with the holders of the 15 bonds to be authorized, as to the following: 16 (a) Pledging the full faith and credit of the authority 17 or pledging all or any part of the revenues of any asset or 18 any revenue-producing contract or contracts made by 19 the authority with any individual, partnership, authority, 20 or association or other body, public or private, or other 21 money of the authority, to secure the payment of the 22 bonds or of any particular issue of bonds, subject to any 23 agreement with bondholders that may then exist. 24 (b) The rentals, fees, purchase payments, and other 25 charges to be charged, and the amounts to be raised in 26 each year thereby, and the use and disposition of the 27 revenues. 28 (c) The setting aside of reserves or sinking funds, and 29 the regulation and disposition thereof. 30 (d) Limitations on the right of the authority or its 31 agent to regulate the use of the asset or assets to be 32 financed out of the proceeds of the bonds or any 33 particular issue of bonds. 34 (e) Limitations on the purpose to which the proceeds 35 of sale of any issue of bonds then or thereafter to be issued 36 may be applied, and pledging the proceeds to secure the 37 payment of the bonds or any issue of the bonds. 38 (f) Limitations on the issuance of additional bonds, the 39 terms upon which additional bonds may be issued and 40 secured and the refunding of outstanding bonds. 97 -- 19 -- AB 1956 1 (g) The procedure, if any, by which the terms of any 2 contract with bondholders may be amended or 3 abrogated, the amount of bonds that the holders who are 4 required to consent thereto, and the manner in which the 5 consent may be given. 6 (h) Limitations on expenditures for operating, 7 administrative, or other expenses of the authority. 8 (i) Defining the acts or omissions to act which 9 constitute a default in the duties of the authority to 10 holders of its obligations, and providing the rights and 11 remedies of the holders in the event of a default. 12 (j) The mortgaging of any asset, or any portion of an 13 asset, for the purpose of securing the bondholders. 14 (k) Terms and conditions under which a buyer of all 15 or a portion of the asset may assume the responsibilities 16 for repayment of the remaining balance of the bonds 17 issued by the authority. 18 (/) Prior to issuance of the bonds, ratepayer liability for 19 repayment of the bonds shall be determined in a process 20 to be established by the board. 21 98104. Neither the members of the board of directors 22 of the authority, nor any person executing the bonds or 23 notes shall be liable personally on the bonds or notes, or 24 be subject to any personal liability or accountability by 25 reason of the issuance thereof. 26 98106. The authority may, from any available funds, 27 purchase its bonds or notes. The authority may hold, 28 pledge, cancel, or resell the bonds, subject to and in 29 accordance with agreements with the bondholders. 30 98108. (a) All bonds, notes, and commercial paper 31 issued by the authority under this chapter shall be issued 32 only after a public hearing on issuance has been held at 33 the offices of the authority in Sacramento, California, not 34 less than 14 days following the date of publication of a 35 notice of the hearing in a financial publication generally 36 circulated throughout the state and in a newspaper of 37 general circulation published within each county in 38 which is located any portion of the asset to be financed 39 with the bonds, notes, or commercial paper. 97 AB 1956 -- 20 -- 1 (b) The notice shall include the date, time and place 2 of the hearing, the principal amount of bonds, notes, or 3 commercial paper that may be issued, and a brief 4 description of the asset to be acquired. 5 (c) In addition, the authority shall issue no bonds, 6 notes, or commercial paper, unless approved for issuance 7 following the hearing by a majority of the board of 8 directors of the authority and by the Treasurer. 9 (d) Any or all of the requirements of this section may 10 be waived by the authority if the requirement to be 11 waived is not necessary to qualify interest on the bonds, 12 notes, or commercial paper for exemption from federal 13 income taxes. 14 98110. At the discretion of the authority, any bonds 15 issued under this title may be secured by a trust 16 agreement by and between the authority and a trustee or 17 trustees, which may be any trust company or bank having 18 the powers of a trust company within or without the state. 19 98112. (a) The trust agreement or the resolution 20 providing for the issuance of the bonds may pledge or 21 assign the revenues to be received or proceeds of any 22 contract or contracts pledged and may convey or 23 mortgage the asset or assets, or any portion thereof, to be 24 financed out of the proceeds of the bonds. The trust 25 agreement or resolution providing for the issuance of the 26 bonds may contain provisions for protecting and 27 enforcing the rights and remedies of the bondholders as 28 may be reasonable and proper and not in violation of law, 29 including particularly provisions specifically authorized 30 to be included in any resolution of the authority 31 authorizing bonds. 32 (b) Any bank or trust company doing business under 33 the laws of this state that may act as depository of the 34 proceeds of bonds or of revenues or other moneys may 35 furnish indemnifying bonds or pledge securities as may 36 be required by the authority. 37 (c) Any trust agreement may set forth the rights and 38 remedies of the bondholders and of the trustee or 39 trustees, and may restrict the individual right of action by 40 bondholders. In addition, any trust agreement or 97 -- 21 -- AB 1956 1 resolution may contain other provisions that the authority 2 may deem reasonable and proper for the security of the 3 bondholders. 4 98114. Notwithstanding any other provision of law, 5 the Treasurer may not be deemed to have a conflict of 6 interest by reason of acting as trustee pursuant to this 7 title. 8 98116. All expenses incurred in carrying out the trust 9 agreement or resolution may be treated as a part of the 10 cost of the operation of an acquisition. 11 98118. (a) Bonds issued under this title may not be 12 deemed to constitute a debt or liability of the state or of 13 any political subdivision of the state, other than the 14 authority, or a pledge of the faith and credit of the state 15 or of any political subdivision, other than the authority, 16 but shall be payable solely from the funds provided by this 17 chapter. 18 (b) All the bonds shall contain on the face a statement 19 to the following eiYect: "Neither the faith and credit nor 20 the taxing power of the State of California or any local 21 agency is pledged to the payment of the principal of or 22 interest on this bond." 23 (c) The issuance of bonds under this title may not 24 directly or indirectly or contingently obligate the state or 25 any political subdivision to levy, or to pledge any form of, 26 taxation or to make any appropriation for their payment. 27 (d) Nothing in this section may prevent, or be 28 construed to prevent, the authority from pledging its full 29 faith and credit to the payment of bonds or issue of bonds 30 authorized pursuant to this title. 31 98120. The authority may provide for the issuance of 32 bonds of the authority for the purpose of refunding any 33 bonds, notes, or other securities of the authority then 34 outstanding, including the payment of any redemption 35 premium and any interest accrued or to accrue to the 36 earliest or subsequent date of redemption, purchase, or 37 maturity of the bonds and, if deemed advisable by the 38 authority, for the additional purpose of paying all or any 39 part of the cost of constructing and acquiring additions, 40 improvements, extensions, or enlargements of an asset. 97 AB 1956 -- 22 -- 1 98122. (a) The proceeds of any bonds issued for the 2 purpose of refunding outstanding bonds, notes, or other 3 securities may, in the discretion of the authority, be 4 applied to the purchase or retirement at maturity or 5 redemption of outstanding bonds either on their earliest 6 or any subsequent redemption date or upon the purchase 7 or retirement at the maturity thereof and may, pending 8 that application, be placed in escrow to be applied to the 9 purchase or retirement at maturity or redemption on the 10 date as may be determined by the authority. 11 (b) Pending that use, the escrowed proceeds may be 12 invested and reinvested by the Treasurer in obligations 13 of, or guaranteed by, the United States of America, or in 14 certificates of deposit or time deposits secured by 15 obligations of, or guaranteed by, the United States of 16 America, maturing at time or times appropriate to assure 17 the prompt payment, as to principal, interest, and 18 redemption premium, if any, of the outstanding bonds to 19 be refunded. The interest, income, and profits, if any, 20 earned or realized on the investment may also be applied 21 to the payment of the outstanding bonds to be so 22 refunded. After the terms of the escrow have been fully 23 satisfied and carded out, any balance of the proceeds and 24 interest, income, and profits, if any, earned or realized on 25 the investments may be returned to the authority for use 26 by it in any lawful manner. 27 98124. The proceeds of any bonds issued for the 28 additional purpose of paying all or any part of the cost of 29 constructing and acquiring additions, improvements, 30 extensions, or enlargements of an asset may be invested 31 and reinvested by the Treasurer in obligations of, or 32 guaranteed by, the United States of America, or in 33 certificates of deposit or time deposits secured by 34 obligations of, or guaranteed by, the United States of 35 America, maturing not later than the time or times when 36 the proceeds will be needed for the purpose of paying all 37 or any part of the cost. The interest, income, and profits, 38 if any, earned or realized on the investment may be 39 applied to the payment of all or any part of the cost or may 40 be used by the authority in any lawful manner. 97 --23m AB 1956 1 98126. Bonds issued pursuant to Section 98120 are 2 subject to this title in the same manner and to the same 3 extent as other bonds issued pursuant to this title. 4 98130. No liability may be incurred by the authority 5 in excess of the amount of money which has been 6 provided under this title, except that, for the purposes of 7 meeting the necessary expenses of initial organization 8 and operation until such date that the authority derives 9 revenues or proceeds from bonds or notes as provided 10 under this title, the authority may borrow money as 11 needed for those expenses from private sources. The 12 borrowed money shall be repaid with interest within a 13 reasonable time after the authority receives revenues or 14 proceeds from bonds or notes as provided under this title. 15 16 CHAPTER 5. CONSTRUCTION AND LEASES 17 18 98132. The authority may, as lessor or lessee, enter 19 into leases and agreements with any party relating to the 20 acquisition, construction, and installation of any asset or 21 part thereof. The terms and conditions of the leases may 22 be as mutually agreed upon. 23 98134. Any lease may provide the means or methods 24 by which title shall vest in a party upon the termination 25 of the lease and shall contain other terms and conditions 26 that the authority may determine. 27 98136. The authority may fix, revise, charge, and 28 collect rates, rents, fees, and charges for each asset. The 29 rates, rents, fees, and charges shall be fixed and adjusted 30 with respect to the aggregate of rates, rents, fees, and 31 charges from all assets so as to provide funds sufficient 32 with other revenues and moneys available therefor, if 33 any, to do all of the following: 34 (a) Pay the principal of, and the interest on, 35 outstanding bonds, notes, or other evidences of 36 indebtedness of the authority financing asset that shall 37 become due and payable. 38 (b) Create and maintain reserves required or 39 provided for in any resolution authorizing, or trust 40 agreement securing, the bonds, notes, or other evidences 97 AB 1956 m 24 -- 1 of indebtedness. A sufficient amount of the revenues 2 derived from ~ an asset may be set aside at those regular 3 intervals as may be provided in the resolution or trust 4 agreement in a sinking or other similar fund which is 5 hereby pledged to, and charged with, the payment of the 6 principal of, and interest on, the bonds, notes, or other 7 evidences of indebtedness as they become due, and the 8 redemption price or the purchase price of bonds, notes, 9 or other evidences of indebtedness retired by call or 10 purchase as provided. The pledge shall be valid and 11 binding from the time when the pledge is made; the rates, 12 rents, fees, and charges and other revenues or other 13 moneys so pledged and thereafter received by the 14 authority shall immediately be subject to the lien of the 15 pledge without any physical delivery or further act, and 16 the lien of any pledge shall be valid and binding as against 17 all parties having claims of any kind in tort, contract, or 18 otherwise against the authority, regardless of whether the 19 parties have notice. No resolution, trust agreement or 20 other agreement, or lease by which a pledge is created 21 need be filed or recorded except in the records of the 22 authority. The use and disposition of money to the credit 23 of a sinking or other similar fund shall be subject to the 24 resolution authorizing the issuance of the bonds or of the 25 trust agreement. Except as may be otherwise provided in 26 the resolution or the trust agreement, the sinking or other 27 similar fund may be a fund for all bonds, notes, or other 28 evidences of indebtedness of the authority. However, the 29 authority, in any resolution or trust agreement, may 30 provide that the sinking or other similar fund shall be the 31 fund for a particular asset or assets and for the bonds 32 financing a particular asset or assets and may, 33 additionally, permit and provide for the issuance of bonds 34 having a subordinate lien with respect to the security 35 authorized for other bonds, notes, or other evidences of 36 indebtedness of the authority, and, in such case, the 37 authority may create separate sinking or other similar 38 funds for the subordinate lien bonds, notes, or other 39 evidences of indebtedness. 97 ~ 25 ~ AB 19~6 1 (c) Pay operating and administrative costs of the 2 authority. 3 98138. (a) As an altemative to leasing or selling an 4 asset or part of an asset, the authority may finance the 5 acquisition, construction, or installation of an asset, or any 6 part thereof, by means of a loan to the other party. 7 (b) The principal amount of the party's obligation as 8 borrower shall be sufficient to provide funds for all the 9 purposes specified in subdivisions (a), (b), and (c) of 10 Section 98136 and may be paid in installments, together 11 with interest on the unpaid balance, or otherwise as may 12 be mutually agreed by the authority and the party and set 13 forth in the loan agreement. 14 98140. All money received pursuant to this title, 15 whether as proceeds from the sale of bonds, notes, or 16 other evidences of indebtedness or as revenues, shall be 17 deemed to be trust funds to be held and applied solely as 18 provided in this title. Any bank or trust company with 19 which the money is deposited shall act as trustee of the 20 money and shall hold and apply it for the purposes 21 consistent with this title, subject to the resolution 22 authorizing the bonds of any issue or the trust agreement 23 securing the bonds may provide. 24 98142. Any holder of bonds, notes, or other obligations 25 issued under this title, or any of the coupons appertaining 26 thereto, and the trustee or trustees under any trust 27 agreement, except to the extent the rights given may be 28 restricted by any resolution authorizing the issuance of, 29 or any trust agreement securing, the bonds, notes, or 30 other obligations, may, either at law or in equity, by suit, 31 action, mandamus, or other proceedings, protect and 32 enforce any and all fights under the laws of the state or 33 granted, or under the resolution or trust agreement, and 34 may enforce and compel the performance of all duties 35 required by this title, or by resolution or trust agreement, 36 to be performed by the authority or by an officer, 37 employee, or agent, including the fixing, charging, and 38 collecting of the rates, rents, fees, and charges authorized 39 by this title and required by the resolution or trust 40 agreement to be fixed, established, and collected. 97 AB 1956 -- 26-- 1 98144. Notwithstanding any other provision of law, all 2 of the following shall apply to the authority: 3 (a) The authority and its revenues, amounts for 4 administration expenses, and any other income shall be 5 exempt from all taxes on, or measured by, income. 6 (b) Bonds issued by the authority shall be exempt from 7 all property taxation, and the interest on the bonds shall 8 be exempt from all taxes on income. 9 (c) All property owned by the authority shall be 10 exempt from property taxes, assessments, and other 11 public charges secured by liens. 12 98146. Subject to Section 98154, the existence of the 13 authority may be terminated at any time by statute. Upon 14 dissolution of the authority, the title to all properties 15 owned by it shall vest in, and become the property of, the 16 State of California and shall not inure to the benefit of any 17 private party. 18 19 CHAPTER 6. SUPPLEMENTAL PROVISIONS 20 21 98150. This title, being necessary for the welfare of the 22 state and its inhabitants, shall be liberally construed to 23 effect its purposes. 24 98152. (a) This title shall be deemed to provide a 25 complete, additional, and alternative method for the 26 doing of the things authorized in this title, and shall be 27 regarded as supplemental and additional to powers 28 conferred by other laws. 29 (b) The issuance of bonds and refunding bonds under 30 this title need not comply with the requirements of any 31 other law applicable to the issuance of bonds, and, in the 32 construction and acquisition of ~ an asset pursuant to this 33 title, the authority need not comply with the 34 requirements of any other law applicable to the 35 construction or acquisition of public works except as 36 specifically provided in this title. 37 (c) (1) Hydroelectric assets, may be acquired, 38 completed, repaired, altered, improved, or extended, and 39 bonds may be issued for any of those purposes under this 40 title, notwithstanding that any other law may provide for 97 -- 27-- AB 1956 1 such acquisition, construction, completion, repair, 2 alteration, improvement, or extension of similar facilities 3 or for the issuance of bonds for similar purposes and 4 without regard to the requirements, restrictions, 5 limitations, or other provisions contained in any other law 6 related to the authority's ability to finance those activities 7 as provided. 8 (2) Nothing in this title shall be construed or 9 interpreted to reduce or eliminate the authority's duties 10 and responsibilities to comply with all applicable laws, 11 contracts, and other obligations with respect to the 12 California Environmental Quality Act (Division 13 13 (commencing with Section 21000), Public Resources 14 Code), water rights, or other matters. For purposes of 15 carrying out its responsibilities as set forth in this section, 16 the authority may use the environmental reports and 17 other documentation regarding these facilities as 18 prepared by the Public Utilities Commission pursuant to 19 Section 851 of the Public Utilities Code. To the extent 20 possible, consistent with the authority's responsibilities, 21 the authority may utilize a programmatic environmental 22 impact report as part of its compliance with the California 23 Environmental Quality Act (Division 13 (commencing 24 with Section 21000) of the Public Resources Code). 25 98154. (a) The State of California does pledge to, and 26 agree with, the holders of any obligations issued under 27 this title, and with those parties who may enter into 28 contracts with the authority pursuant to this title, that the 29 state will not limit or alter the rights vested in the 30 authority until the obligations, together with the interest, 31 are fully met and discharged and the contracts are fully 32 performed on the part of the authority. However, nothing 33 in this section precludes limitation or alteration if and 34 when law has made adequate provision for the protection 35 of the holders of obligations of the authority or those 36 entering into contracts with the authority. 37 (b) The authority, as agent for the state, may include 38 this pledge and undertaking for the state in its obligations 39 and contracts. 97 AB 1956 -- 28 -- 1 98156. To the extent that the provisions of this title, 2 with respect to the acquisition or management of 3 hydroelectric assets, are inconsistent with the provisions 4 of any general statute or special act, with respect to the 5 acquisition or management of hydroelectric assets, the 6 provisions of this title are controlling. 7 8 CHAPTER 7. OPERATION OF TITLE 9 10 98160. This title shall become operative upon 11 notification of the Secretary of State by the President of 12 the Public Utilities Commission that a hydroelectric asset 13 has been acquired by the state pursuant to Section 851.1 14 of the Public Utilities Code. 15 SEC. 2. Section 377 of the Public Utilities Code is 16 amended to read: 17 377. (a) A public utility may file an application with 18 the commission pursuant to this section, requesting 19 valuation of nonnuclear generation assets and permission 20 to retain ownership of these assets within the same 21 corporation as the distribution utility. The public utility 22 shall demonstrate to the satisfaction of the commission, 23 through a public hearing, that it would be consistent with 24 the public interest and would not confer undue 25 competitive advantage on the public utility to retain that 26 ownership in the same corporation as the distribution 27 utility. 28 (b) If the public utility applies to the commission to 29 retain hydroelectric assets within the regulated 30 distribution utility in accordance with this section and 31 proposes a mechanism to share the results of future 32 operations with ratepayers, the commission may accept 33 a deemed valuation for purposes of Section 367 in lieu of 34 a market valuation. The commission may establish a 35 ratemaking mechanism for these hydroelectric assets 36 that creates an incentive to operate efficiently, that 37 enables a utility to recover its costs, and that equitably 38 allocates the benefits of continued operation between 39 shareholders and ratepayers. 97 -- 29 -- AB 1956 1 SEC. 3. Section 851.1 is added to the Public Utilities 2 Code, to read: 3 851.1. (a) Notwithstanding any other provision of 4 law, this section applies only to the hydroelectric assets 5 owned by an electrical corporation serving more than 6 4,000,000 California customers that is also a gas 7 corporation serving more than 4,000,000 California 8 customers. 9 (b) The Legislature finds and declares all of the 10 following: 11 (1) The privately owned hydroelectric power owned 12 by an electrical corporation identified in subdivision (a) 13 serves many broad public interests and has contributed 14 to the growth of the state's economy for decades. 15 Hydroelectric power will continue to play an important 16 role in the state's economy, but the present ownership 17 and management structure must be revised to meet the 18 needs of the future. 19 (2) For almost a century, private hydroelectric power 20 has been developed on hundreds of California's streams 21 and rivers. Although many benefits have resulted, there 22 have been detrimental consequences that have resulted 23 in substantial damage to the state's fish and wildlife with 24 corresponding adverse effects to those parts of the 25 economy dependent on fish and wildlife. The revenues 26 generated from these facilities have also not been 27 adequately directed towards maintenance and 28 restoration of the watersheds on which the utilities are 29 located. This has resulted in part in the general erosion of 30 watershed condition and the health necessary for the 31 rivers of the state. 32 (3) The residual watershed lands associated with 33 hydroelectric facilities are critical to the protection of the 34 water resources of the state and have been managed for 35 decades for a broad range of beneficial public uses. It is 36 in the interest of the state that these lands be managed for 37 conservation of the natural habitat of fish, wildlife and 38 plants, the preservation of open space, public access, 39 ecosystem friendly outdoor recreation by the general 40 public, sustainable forestry, agricultural uses, historic 97 AB 1956 -- 30 -- 1 values, and to the extent practicable, improvement of 2 drinking water quality. 3 (4) The approach of the 21st century requires new 4 directions and priorities for private hydroelectric power 5 in California's economy. The new directions and 6 priorities demand full recognition of all of the benefits 7 and effects of private hydroelectric power management. 8 This requires ongoing involvement of the public, 9 particularly in the areas in which the facilities are located 10 and most significantly impacted, in both the policies and 11 day-to-day management of these facilities. Priority must 12 be given to the following: 13 (A) Integration of operations with local public water 14 supplies. 15 (B) Clean up of existing environmental deficiencies at 16 each facility. 17 (C) Termination and decommissioning of those 18 facilities deemed to be uneconomic or of minimal 19 economic or socioeconomic value relative to the 20 environmental consequences of their continued 21 operation as a power facility. 22 (D) More direct state involvement and more frequent 23 examination of operation and management than 24 provided under the long-term license arrangements with 25 the federal government. 26 (E) These facilities may be able to provide for local 27 water supplies in a cost-effective and environmentally 28 balanced manner, and avoid the development of 29 additional onstream and offstream storage facilities. 30 (F) Long-term conservation of residual watershed 31 lands to restore naturally functioning ecosystems. 32 (G) Ensuring that future operation of the facilities 33 does not result in degradation of water quality or 34 quantity, including municipal water supplies. 35 (5) Most of the private hydroelectric power in the 36 state is in the hands of one of the state's largest electric 37 utility companies. The market power that the existing 38 owner or future owners could capture would adversely 39 affect both the state's newly restructured competitive 40 electric generation industry and consumers. 97 m 31 -- AB 1956 1 (6) Califomia's citizens benefit from a hydroelectric 2 system that is operated in an environmentally sound and 3 efficient manner, within priorities that meet the 4 challenges of the future. 5 (c) Notwithstanding any other provision of law, this 6 section governs the sale of a hydroelectric project owned 7 by an electrical corporation. 8 (d) As used in this section, the following terms have 9 the following meanings: 10 (1) "Electrical corporation" has the same meaning set 11 forth in subdivision (a) of Section 218. 12 (2) "FERC" is the Federal Energy Regulation 13 Commission. 14 (3) "Hydroelectric asset" is the complete unit of 15 improvement or development, consisting of a power 16 house, all water conduits, all dam and appurtenant works 17 and structures, including navigational structures, which 18 are a part of the unit, and all storage, diverting or forebay 19 reservoirs directly connected therewith, the primary line 20 or lines transmitting power therefrom to the point of 21 junction with the distribution system or with the 22 interconnected primary transmission system, all 23 miscellaneous structures used and useful in connection 24 with the unit or any part thereof, and all water-rights, 25 rights-of-way, ditches, dams, reservoirs, lands, interest in 26 lands, the use and occupancy of which are necessary or 27 appropriate in the maintenance and operation of the unit. 28 Additionally, the approximately 140,000 acres of residual, 29 or non-FERC lands are included in this definition. It also 30 includes any and all FERC licenses issued in relation to 31 the asset. 32 (4) "Transition costs" has the meaning set forth in 33 Section 840. 34 (5) "Private hydroelectric power" is the hydroelectric 35 facilities owned by an electrical corporation serving more 36 than 4,000,000 Califomia customers that is also a gas 37 corporation serving more than 4,000,000 Califomia 38 customers. 39 (e) Prior to the commission issuing an order 40 authorizing any disposition of a hydroelectric asset owned 97 AB 1956 -- 32 -- 1 by an electrical corporation serving more than 4,000,000 2 California customers that is also a gas corporation serving 3 more than 4,000,000 California customers, the 4 commission shall ensure that the electrical corporation 5 has met all the following requirements: 6 (1) Obtain any and all necessary approvals from 7 federal, state, and local licensing, permitting, and 8 governing agencies. 9 (2) Ensure compliance with any requirements 10 imposed by federal or state environmental laws, unless 11 the electrical corporation has filed with the commission 12 a plan to fulfill those requirements no later than 90 days 13 prior to the date of sale. 14 (3) Any asset decommissioning shall be completed, 15 unless the electrical corporation has filed with the 16 commission a plan to fulfill those requirements no later 17 than 90 days prior to the date of the sale. 18 (4) Any costs associated with attaining compliance 19 with federal or state environmental law or asset 20 decommissioning shall be financed, as a transition cost 21 eligible for cost recovery. 22 (5) (A)Except as specified in subparagraph (B), for 23 the purpose of appraising the total value of a 24 hydroelectric asset, the electrical corporation shall 25 unbundle the asset to be appraised and define each asset 26 being appraised, as determined by the applicable FERC 27 license. 28 (B) This paragraph does not apply if the state is offered 29 the right of first refusal as specified in this section, and the 30 state subsequently purchases the asset. 31 (6) Ensure that the acquiring entity shall enter into a 32 contract with the Independent System Operator and the 33 Power Exchange, subject to the approval of the FERC, 34 containing terms and conditions deemed sufficient by the 35 Independent System Operator and the Power Exchange 36 to ensure the following: 37 (A) The acquisition of the asset will not allow for the 38 exercise of market power by the acquiring entity by 39 means of the strategic withholding of available capacity 97 -- 33 -- AB 1956 1 or energy from any of its assets from affected markets to 2 increase market prices in those markets. 3 (B) The acquisition will not disrupt the proper 4 functioning of affected electricity markets through the 5 adoption of rules or bidding practices that distort the 6 normal decisionmaking for the utilization of 7 hydroelectric facilities. 8 (7) The electrical corporation shall prepare a 9 proponents environmental assessment in accordance 10 with the commission's regulations implementing 11 Division 13 (commencing with Section 21000) of the 12 Public Resources Code. 13 (f) An electrical corporation serving more than 14 4,000,000 California customers that is also a gas 15 corporation serving more than 4,000,000 California 16 customers, may not sell, or otherwise transfer ownership 17 of, any hydroelectric asset without first offering, in 18 writing to the state, a right of first refusal for the 19 acquisition of the asset at the same price and under the 20 same terms and conditions of the proposed sale or 21 transfer. 22 (g) Prior to exercising its right of first refusal pursuant 23 to subdivision (f), the state may require that any 24 hydroelectric asset to be sold be appraised in an open 25 process with full disclosure of the supporting data and the 26 resulting appraisal. If the state exercises this appraisal 27 option, the process shall include all of the following: 28 (1) The commission shall employ three independent 29 certified appraisers to conduct the appraisal. The 30 commission shall require that the appraisal process 31 develop a complete description of the assets being 32 appraised. This shall include all of the factors affecting the 33 asset's bundle of rights before the appraisal is performed 34 to include the risks and uncertainties that future 35 regulations or other factors that may change the bundle 36 of rights. The appraisers may consult for the purpose of 37 identifying and resolving uncertainties, assumptions, 38 asset risks, and other variables pertaining to the assets and 39 their market value, but shall reach his or her individual, 40 independent appraised value. 97 AB 1956 m 34 m 1 (2) The commission shall ensure that all relevant 2 information affecting market value is provided to the 3 appraisers. The commission shall provide the appraisers 4 initial valuation information from all appropriate sources, 5 including, but not limited to, the owners, affected or 6 responsible state and federal agencies, and affected local 7 agencies. This information shall be available to the public 8 prior to the first public hearing conducted pursuant to 9 subparagraph (B) of paragraph (3). 10 (3) A two-phase process shall be used in determining 11 a final appraised value. 12 (A) In phase one, the appraisers shall determine an 13 initial appraised value based on the information provided 14 in paragraph (2) and any information independently 15 gathered. After the appraisers determine an 16 independent appraised value for the asset, any 17 information independently obtained by the appraisers, 18 and the assumptions and evaluation criteria used by the 19 appraisers shall be made available to the public. 20 (B) During phase two, at least two public hearings 21 shall be held to allow input into the appraisal process. One 22 hearing shall be held five business days after the release 23 of the material listed in paragraph (2). The purpose of this 24 hearing is to allow public comment and input on the 25 information used to value the asset. Another hearing shall 26 be conducted five business days after the release of the 27 initial appraisal. Other hearings may be held at the 28 request of the appraisers. 29 (C) The appraisers shall review their initial appraisals 30 utilizing the input from the public hearings, make any 31 adjustments or corrections, if necessary, and make their 32 final appraisal. 33 (D) The established market value of the asset shall be 34 the simple average of the three final appraisals. Neither 35 the commission nor any other party may alter the final 36 appraisal results, unless the commission substantiates 37 gross error, fraud, or collusion. 38 (h) If the state is offered the right of first refusal to 39 acquire a hydroelectric asset and accepts, the state shall 40 establish an independent state entity to own and operate 97 -- 35 -- AB 1956 1 the asset as set forth in Title 17 (commencing with Section 2 98050) of the Government Code. 3 (i) If the state is offered the right of first refusal to 4 acquire a hydroelectric asset and refuses, the electric 5 corporation shall comply with provisions and procedures 6 set forth in subdivision 851. 7 (j) (1)If the state exercises its right of first refusal 8 pursuant to subdivision 09, the simple average of the 9 three final appraisals determined pursuant to 10 subparagraph (D) of paragraph (3) of subdivision (g) 11 shall be deemed to be full compensation for the electrical 12 corporation described in subdivision (a). 13 (2) Upon completion of the requirements of this 14 section and the acquisition of any hydroelectric asset by 15 the state, the electrical corporation described in 16 subdivision (a) shall transfer any hydroelectric asset 17 acquired under this section to the state or its designee in 18 a timely manner. 19 (k) The president of the commission shall notify the 20 Secretary of State, in writing, if a hydroelectric asset has 21 been sold to the state, and the provisions of Title 17 22 (commencing with Section 98050) of the Government 23 Code are in effect. 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