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Home My WebLink About2000-03-01 PacketMINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, February 16, 2000 The Ukiah City Council met at a Regular Meeting on February 16, 2000, the notice for which had been legally noticed and posted, at 6:35 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: Public Utilities Director B..a..~es, ........ Airport Manager Bus, Community Services Director. DeKnoblough, Police Adminis~i~e~.'" ~ ' .... Sergeant Dewey, Finance Director Elton, Assistant City Manager Fled, E~Q~[::"Officer Harris, Risk Manager/Budget Officer Harris, MIS Coordinato.~i?~i.ngbeii!iiii~i~iiii~torney Rapport, Airport Assistant Richey, Deputy Public Works Dire:~i::i~§eano~i~.!:~!~!i~[!:...a. nner Stum.~?~ Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE ~ iii iiii~iiii:?:~:~ ............. i?? ........~::ii!~iliiiiiii!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiii?i::i~ .... Vice Mayor Ashiku led the Pledge of Allegiance. 3a. PROCLAMATION: Acjainst Hate and Viot~ce .... Mayor Mastin read the Proclamation proclai.m...iDg:.."our ~::~i~!. opposition to any manifestation of hatred and prejudice towagd..~i ~i~::r::..oup or ~i~i~:~l, resolve to stand together with all people of good faith acro.s...~ ~!~!::?:~~ i~.n. d sup:~i~ this national effort to push back the rising tide of hate viol..e..:~::~'i and:.::i~ii~..ii~~D::d...~i::~f others to say with one voice, "NOT IN OUR TOWN, N **':'* ':~ ......... OT I~i:OUR NA~lON::i:~i!:iiii!~i!!iiiii:~ The Proclamation was accepte~i?~i~i'Tom :~Millian .~d LaCretia Peoples who thanked ::::::::::::::::::::::: .::i:i:!:!:i:! "'"'"" Council. Mr. McMillian b~i~...f.:t~ disc.~ed ot..h....:~?cities who have initiated similar ................................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..... ~ty Mas~g~::i~..rsley a~y::!~::~::[.hat the w'~leo The Color of Fear" will be made available .... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... 3b. PROC~M~ON: Lo~!~i::~i3hew Week Mayor M.:~::~i~ii~.i.i~!.:ama'i:i::~:n proclaiming the Fourth Week of February, 2000 as ,, LOSE,,,~E M~i!~n Butcher, Pr~id:~'nt of the Ukiah Chapter of the American Cancer Society, ited the Procla~i:on. She thanked the City Council and hopes the message will get ~::~¥outh of the.~munity. Their third relay race is scheduled in June for the Relay for A'~~A~[~::0 F MINUTES: 4a. Joint Meeting with Ukiah Airport Commission of January 11, 2000 MIS Baldwin/Ashiku approving the Minutes of the Joint Meeting with the Ukiah Airport Commission of January 11, 2000 as submitted, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. February 16, 2000 Page 1 of' 17 ABSENT: Councilmember Smith. ABSTAIN' None. APPROVAL OF MINUTES: 4b. Regular Meeting of January_ 19, 2000 MIS Baldwin/Ashiku approving the Minutes of the Regular Meeting of January 19, 2000 as submitted, carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: Councilmember Libby. 5. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. . .:~!iiiiiiiiiiiiiiiii!iiiii::.~:~ilili!i? .... MIS Ashiku/Baldwin approving items a through I 0~i~e a. Approved Disbursements for the Month of Jan~...y. 2000..:~? b. Rejected Claims for Damages Received Fro~iiiii~rai~i~ M. Phillips, and Referred to the Joint Powers A~!i!~iii::R..edwood Empi~:~"'Municipal c. Awarded Bid for 45, 50, and 55-Foot Class 3 we"~;rn~:~i~r... Poles to Bell Lumber & Pole Co. in the Amount of $15,026.80; d. Awarded Bid to Western States Elec~t..r..j~!ii'i'i~i'i'i~.r...:.the P'~~::'~of Two Padmount Switches in the Amount of $50,109.4.~iiiii?~::~i~i~!::iiiii~iiii~iii?~iii~iii::::~ e. Awarded Bid for Annual Contract f...o..~!!i~':hlorin~?:~~i~iii~t:...e..iiii~ierra Chemical Company for the Sum of $56.24 for 150 Ib..::~lindersli~"nd ~i~i!i~r 1-Ton Cylinders; f. Awarded Bid for Liquid Ferric Ct3i~:ride to..~i~mwate~i ~:~:;~:he Sum of $357 per Dry Ton; g. Rejected Bids for the Purch...~iii~f PersOnal ....... Prot~iive. ..... Equipment; h. Received Notification to C~:'cil of B~hase ...of.'.;ii::~ody Armor Vests in the Amount of $7,251.2..2 and Approv.~[~:.o~ii~dget ~~...e....~{!ii~i:n the Equipment Replacement Fund; I. Rece.!.~ii~equest.::~ii~.°rizatio~ii~iii~:~' Service Requirements for Purchase of j. Rer_.~:i~iii~~. to C~i~ii!~~ding the Execution of a Consultant Contract of Less than $1(~,~ii~ii~i~:...e.. Pre~i~ii~!i~.a Habitat Enhancement and Public Access Study k. Award. ii!§i iii ii i b ,:Reni' ii:: 0r Purchase of Five Yard Dump Truck in the Amount I. ~::~ted Resoluti0i~:i:~:!.!~00-30 Establishing Three No-Parking Zones/Bus Loading ..:~::~'nes and Removi~ F:~ur Bus Loading Zones Along North State Street in the City of .~::iiiiiii~kiah. ..~ili~iiii ..:,:,:.:,:,:.:.:.:.:.:.:,:,:.. .,::::::::::::. ~i~..t:.!0n c~...~.~ii~y the following roll call vote: AYES' Councilmembers Libby, Baldwin, ~i~!!iiii~i~r Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. February 16, 2000 Page 2 of 17 UNFINISHED BUSINESS Sa. Approve Letter of Support to the California Coastal Conservancy for Fundinc Phase One Development of the Gobbi Street Riverside Park Project - Senior Planner Stump advised that a draft letter to the California Coastal ~3onservancy has been prepared at their request seeking support from the City for Phase I development funding for the Gobbi Street Riverside Park project. At its meeting on November 17, 1999, Council approved the Concept Plan for the Gobbi Street Riverside Park project. At that time, staff indicated that the first phase of funding would be approximately $80,000- $100,000 of grant money from the Coastal Conservancy and would go toward~iii~..agricultural buffering, such as fencing and plantings along the border, as w.:....e..ll as ..s~;~ riverbank restoration and habitat restoration work in the southeast corner..~ii~e:;~perty. Staff is requesting Council approve the letter of support for Upon questioning by Councilmember Baldwin wit~ii~gard to::~~i.~~iii~..h...e, park..~ii~ an eight foot high fence, Mr. Stump advised that~i~ desig.~i!~ the finalized and staff is reviewing various options for ~iii~.e.....n..~. He being urged by the adjoining agricultural communi{~i~!ii~iPi.ght foot high Councilmember Baldwin expressed concern tha..'~iiiii~;~:~i~i~i!i[er fencing the property would primarily protect the interests of adjoining ..0....~ners ar~:~i!!~i~i:.$100,000 would not be used for the community or for recreational::iii~~es. Mr. Stump reiterated that the final desig~ii~i~::'i'he f~!ii~ ho.t:::b'~;n chosen. The Coastal Conservancy is limiting the City to spe....~:i'ng the~i(~i~d~::~ i i 'itural buffering and habitat restoration. The money cannot beii~'sed for.::.ili~ark im~:~ents or anything else. The fencing will not only protect th::~iiii~icultu[~i~:'lands .b...:~.' the Park as well. He discussed options for making the cyclone.:~ing m.0.:~..i~aesthet, i~ili~nd that planting materials near the fencing would make the f?cei~re diffiC~i~ii?:::cl:J~!!?The ultimate goal is to have a green fence, met~ii?~!in constru.~ili::~i~at will r~i!~iii~ii~:'' long time. In resp(~ili~iii~i!~...q, uirY'~:~i!i~~iMastin':"' concerning whether an eight foot fence would be in violati~i~i~ii~i~i~?dina~iiiii~iii~[ump advised that it would not be in violation in the Public Faciliti~iiii~i~i~:Distri~ii!~i~i:?ihe securing of a Use Permit. He noted that the agricultur..a..l~iiiii~i~i~!~i~iiii~.a..~ts a'::~i~'nce that will keep people in the park and off their propert. Y~ili!!i~'e advise~i!i~iii~idesign of the fence will come back to Council for review, if C o u n~ii~:~s o d e sir e s. :~iliiiiiii iili! i~ilili i! ii iiiiiiii:'::~ .... C~!~cilmember:~i~i~i~::~i~i~::~!~!~::~. Ba~iWin' stated that Council should not represent the surrounding ~~s and agricul.t..~i'' interests, but the citizens of Ukiah who want more river access and :i:ii!i~::*::~:ii~:i:ii!::::i. .f ..::.:¢:::: :* . .a****iii~~...ul recr. e.~b'onal area. He ~nquired about riverbank restoration in the southeast ~~i~iii§~!!~i~:erty and if $50,000 is to protect the property of the neighbor. Mr. Stump discussed a major problem with erosion and trees falling into the water in that section of the City's property. He reminded Council that the property owner to the south has been concerned about the erosion problem because it is coming his way. Staff is evaluating if the problem is the cause of the City. The City is assuming that if there is February 16, 2000 Page 3 of 17 erosion on City property and it's spreading, it should have some responsibility to do something about it for the sake of the City property, and secondly if it goes onto adjoining property there may be liability issues. Councilmember Ashiku noted that there is no fence along the river so there is adequate river access. Part of the bank stabilization work and improvements along the riparian corridor were intended to prevent erosion that would result from trail usage and access to the river. Those are safeguards put into place to prevent further erosion. Mr. Stump concurred with Councilmember Ashiku's observa.t.-ions, ~i::~g that the southeastern corner is a popular fishing area and there are trail~ii~iLf.~iii~;~affic and a lot of vegetation has been trampled. Trees have been rem..~i~.e..d by;~.~i~i~ls which has led to erosion. He responded to an inquiry by Councilm~~r AS'~iiiiiii~ii~g that the Ci~ risks loosing the funding for necessary improveme.~"if the le.t:t.~i~i"~iiiii~ii~mitted tO..~:. ~ ':':+:':':' :;i:i:i:i:i:i:" ............................... Coastal Conservancy. He explained that the gran.~ii~0es no..t:~iii~b'~luire City Manager Horsley explained that when staff r~!~ii~;ilCouncil with fe~?i~i~:?°ptions, they will also provide comments from the agricultural i~ii~~=i~:=.the General Plan, and all agreements over the last five years. This will help~i~iii~tj'~iii!~.U.....n, cil on the past history Mr. Stump explained that, as funding bec~ii~iii~i!~[~:..and a~ii~?City begins pursuing design of elements for the Concept Pla~¢!~i~:~:~vill b.~iiii~~i;bac~ii~:O Council for review and approval. Councilmember Libby expres~iiii~oncer.....~?~:as voic~? in a previous meeting, regarding sewer leakage and the possibii~::~bf con:.t-'~ination.:~ii:..~!~fter that meeting she reviewed the Negative Declaration and did ~i?see thei!~rJe~ge addressed in the document. She felt that i.f..~i:;i~age has?:ii~iiiiieaking i~ii~~i~i'mately 26 years, there may be some Mr. StumP::~ii~::~hat s~ii~ii~ up with the Regional Water Quality Control Board (RWCQB) or~'i:.i~.ii!~ii~iliiiiii~e. -~iiiiiii~QB expressed no concern and there was no requirem-e'::~ili~::ii~i~~iiii~aus~ii~i~?was a minor issue to them. Ms. El~ley explaine~!ili~ii!i~" pipe was located in the Sanitation District and they have fix~ii~he problem. Sh~??r~:er explained the leakage situation was mainly contained in the p.:i~iiiiand noted it did::i~t ..... result in extensive spreading. ~i~¢.. discussi~iiii~llowed concerning biological waste and biosolids in sewer plants. ~~!i.;t-'~t. ii~ii~ii be conducted for other items in and around the property. There was d:i~~ii~iiii~:~'cerning the exact location of the leakage. It was noted that the pipe in que'~:i~:::~as an old pipe from the old sewer plant which was decommissioned in 1958. Councilmember Baldwin expressed concern with piece meal development of the park without a City commitment to either maintain, upgrade, or make it more aesthetically February 16, 2000 Page 4 of 17 pleasing and provide security. He was of the opinion that a park ranger would be better than an eight foot high barbed wire fence. He stressed the importance of the City making a commitment to maintain the park and eventually making it a City park. Councilmember Ashiku expressed a need to hear from the agricultural interests in the area. He recommended staff find ways to integrate an eight foot high cyclone fence into the environment, such as planting. Mr. Stump explained that the concept of an eight foot high fence was sugg.~:.,sted by the family to the north of the property due to their experiences with fencing o..:fili~ir property, and felt there is a dramatic difference between a six foot and eig~i~iii~.b.,o,t.-~i~i~'ce in terms of keeping people out or in. Staff can pursue other desi.gi~:'s, and ~{~i'iand report back to Council. He further explained that there is a prob~i~i'c are'~i!!~~ii~..e., fence mee~; the river and a lot of trespassing takes place there~iiiiiii~e cautioi~;:~i~iii~i....f.:ence to::~.~ river bank because of the river changing. An o~!~n avai:!~!~ii:~ fencing panels that would be placed on the end of t~!i~nc.e:~l would fixed into the groUnd. These panels could be remov~iiiii~iiii~?inter time so tt~{~!i!~'bris and wat e r fl o ws do wn st re a m. "iiiiiiiiiiiiiiiiiiiiiiii!iiiiiiiiiiiiii!iiiiiii::iii~ Mayor Mastin announced that it is the Consens':~'S of C~i~iii!i~iii~hat the design of the fencing should be returned to Council for re..v.:ii~iii~...appro~iiiiiiiiiiiiiiiiiiiiiiiiiiiii? , In response to an inquiry by Councilme~:~'r B~i~i!~i!!~..t..b..r..~i~;d to the Conservancy s concern with agricultural buffering, Mr¢~ii~mp ~i'ai'~::~ii~iiii~:~servancy staff has stated that they want to be good neighbor.s.:~{h proj~ that t~¢ii~:-- ~'d. They have been working with agricultural communities,:~~ the.,B~'ssian ~er for years and want to protect adjoining property owners, esp~i~iiy if th.e~iii~re agd~i:tural, because they are a. resource and a part of this commur~ityiiiiiiiii~he Co~i?;~C,o.r~!~ancy has an interest in the Russian River Wa.t..~ed and to..::~~ii~he rive~i~ii~iii~ast. He noted that the Bond Measure on the B~iiii~iiiiii~i::i~March~ii~i~iii~;t:entiaily;;~i~i~::~dditional money to the project. Councilm~:~ii~b.i.:ku si'~iiii~ii~.r.k is utilized by the public all the time and the City has a respons[~ii~!~ili~eadjoi'~i~!!i~'ghbors to protect their livelihoods. The funding is an opportu..~i~ii~i~iii~i~i~.'O..:,fulfill')~?:'obligation, at no cost to the public and to restore the riparian'~i~'ridor th~ii~ili~~ged yearly by the people who visit the park. Co.~ilmember Bald~i~iii!ii~qUired if the property is currently designated as a City park a.6~iii~lso inquired ab.O.':'~( liability and maintenance issues associated with the property. ~!ii~:.r. sley exB!~¢i~i~d that the property currently is not a City pa, rk. The front portion of (~iii~~yiii~iiii~ed to two youth groups. She discussed the City s attempt to secure the P:~~ii~iii~:i~Ocked gate and other measures to prevent people from going to the back por~'i::~:~:'::~:i:'"'the property, however people are constantly tearing down the barriers and individuals are riding their BMX bikes onto agricultural lands. The agricultural owners have installed barbed wire in an attempt to keep cyclists out of the area. At some point the property will officially become a City park. February 16, 2000 Page 5 of 17 M/RC Ashiku/Libby approving sending a letter of support to the California Coastal Conservancy for funding the Phase One Development for Gobbi Street Riverside Park, and that staff bring back to Council design options for fencing; carried by the following roll call vote' AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. UNFINISHED BUSINESS 8b. Award of Bid for Electronics Records Manaoement System, Software_ Hardware. and Services and Approval of Budaet-Amendment City Clerk Ulvila noted that the City's optical imaging sys~-em for records ~:gement has not been in use for nearly two years due to faulty equipment whi~!iii~n::i?~'iy be replaced at a very high cost. On November 8, 1999, the City sub~ed a ~~~ii:f~or Quotation for an Electronics Records Management System whic~iiiiii~i:~des ~~~iii!iiii.hardware, a~: services. Staff reviewed the four bids rec,e, ived and.:i~°mmen..d.'iii~~i~ii!~anagem¢~t Center, Inc. be awarded the bid for their LaserFiC~il. syste:~! Since the optical imaging system has not been fum~i~iii~i~iiir.,etrieval of recommit' has been very time consuming and frustrating. The City Clerk','-~iii~i~iii~ives many inquiries from staff as well as the general public concerning re~ls ,,.~::.system will allow staff (Citywide) to retrieve information immediately ......... She discussed LaserFiche's excellent..:[¢~i~iiiiiii~iiiii,t..S prod~"as well as customer service. The product is flexible in the W...~*8ocu~~i~ii~i~...e..~e~ered into the system via direct scan or electronic file import. ::~iiiiiiiii!~ .... .::~ili~i!i!!; ....... The need to replace the C ty s.~lst~ng ..¢~:ical im~ihg system was addressed in the "Citywide Hardware/Technolog~ii:~'eds ~ssmen..t...iii~d Plan" presented to Council at its November 3, 1999 meetir~g..iiSihce thei::ii~.t.a~:~i~:i costs were unknown at the time the budget w~ii~i:.a, dopted, aiiii~~t amen~i~iii~iiii~cessary to authorize the expenditure. Staff re~~~S the':~ii!~ii~...~...a..rded i:~!iii~i~':Pulink and authorize a budget amendment of $37,~i!iiiii~i~i~¢i::i!.he ~::~~iiiiiiiB..u-...nd balance to purchase the Electronics Records MIS Coordi~~iii~i~i[~:~dvi~?ihat staff is very satisfied that the City will be getting the syste."~i~'hat we n'~ii~iii~.k::::.up where the failed system left off. Anything above what is be:i::~" proposed we!~i~!iii~?~i~='nnecessary for a city of our size. She explained that the busi!~'~s is a well esta~ii~:~ company and has been doing this type of work for more than 2~ili!~ars. A certified.,~bhnician from Napa will be available for customer service. ~iii~rk Ulvil..a..~i~'Jained that she conducted a survey and found many cities using the ~i~i~iii~!~m and are very happy with it and the customer service they provide. MSi:*~:~i?~'~"beil explained that the old system and how the new system will have 10 additional users to start with who would have simultaneous access to that information. This will be a concurrent user license so the software could eventually be placed on more computers. She discussed the module called Web Link which would be necessary to have February 16, 2000 Page 6 of 17 this information available on the Web. A number of agencies are currently employing this feature. M/RC Baldwin/Libby awarding bid for ~Electronics Records Management System, Software, Hardware, and ServiCes to Compulink Management Center, Inc. In the amount of $36,346, and authorizing the City Manager to execute contract; and to approve Amendment to the 1999/2000 Budget increasing account 100.1101.800.000 by $37,900; carded by the following roll call vote- AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:;~::ii~one. ::iiiii.. ..i:!:i:i:i:i:'" UNFINISHED BUSINESS ............................... 80. Adoption of Ordinance Amendino Ukiah Mun..,?,~al C~ii~~~i~r 1. Article 2 Secl~ion 7030 with Reclard to the-Traffic En~ii~rino ~=~~~7._=. ,, City Clerk Ulvila reported tha~-the item is presente~!ii~der "U~t~'~i~.~!i~ilh.e..ss Agenda since two Councilmembers were abse~iii!i~t the..:;~ii~ of Ordinance at the January 19, 2000 City Council ~i~g~iiiiiiii? ........ ~iliiiiiiiiiiiiiiiiiiiiiiiiiiiii?'?~ M/RC Ashiku/Libby adopting Ordinance No. 10~i~~i::[ag Division 8, Chapter 1, Article 2, Section 7030 of the Ukiah City Cod.~i?~vl~::ii~iiii~~jshes the City Traffic Engineering; Office Established; carried by..:.:,:::the follc~:~!ii!iiii~iiilii!::~::.call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, .a..~iiii~r.::. Mastir~!iii~ii~~: None. ABSENT: Councilmember Smith. ABSTAIN: N~n.e.~i~ii!iiiiiii!iiiii!iiii~ii~:~iii~iiiiiii!~iiiii~iiii~iiiiiii!iiii!ii~iii~i~ ...... ?iii? 8d. Adoption of Ordinance ~~:dino Ui~ii:ah Mu~i~i Code Cha.ter 2. Article 2 Section 5113. Reoardi~i!!~6 Co~0sition.:~' tl~e ,IJkiah Disaster Coun,,cil City Clerk Ulvila rep0rtec~ tha:t-:'iii~ item j~iii~'resen:te~iii~nder, Unfinished Business on the Agenda si...nce two Cou~l~i~bers ~iiiiia~i~:i at the time of introduCtion of the Ordi nance.:iiii~ii~be Janua.'"~iiii~ii~iiii!~000 Cil~iiii~~¥i::'~meeti ng City Ma'~!~i!ii~ley a~i~!ii~i~::a Disaster Council meeting is being scheduled and Rick Paige'::~iiiiii~:SA wili'~iiiii~i~ili!~iiiin attendance to introduce the Disaster Council members to....:t.~i~ii~i~ii~ the '~i~i~ii~ance of the Disaster Council. She will report back M/R-Giii~Shiku/Baldwir~!!i~ii~'g Ordinance No. 1026, Amending Ukiah City Code Chapter 2,.:.~:icle 2, Section ~71~:-i:~ Regarding the Composition of the Ukiah Disaster Council; ~':.:~ii~d by the followi~i?~-oll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and ~r... Mastin. N~: None. ABSENT: Councilmember Smith. ABSTAIN: None. 9a:?~!~iiiiiiiiiiiiii~~i'deration and AdoDtion of Airport Noise Abatement/Good NeiGhbor Pier City Manager Horsley stated that Council saw a Draft of the Plan at the Joint ~eeting with the Airport Commission and that the Commission finalized their recommendations at an Airport Commission meeting. February 16, 2000 Page 7 of 17 Assistant City Manager Flad discussed the final version of the Good Neighbor Plan. He explained that the beginning of the Plan refers to federal and state regulations of noise from airports. There is an attachment of the General Plan that provides discussion on noise and attached to the Plan are guidelines put forth by the state which also outlines how noise patterns are determined, regulated, and the various studies conducted about noise and how it impacts sleep in urban and rural environments. He reviewed the seven sections of the Plan, as provided in the Staff Report, which contain a total of 34 specific action items for the Airport Manager, Airport Commission, and Planning Department implementation: ..;~:~ ..::~ili!iiii?ii? Section I: Quiet Flying Procedures Section I1: Section II!: Section IV: Section V: Notification of Procedures. Communication, Complaint Process,. Barriers and Technology Section VI: Airr)ort Development, Section VII: ba~d Use in Airport Vicinity :~iiiiiiiiiiii;iiiiiiiiiiiiiiiiiiiiiiil;~ .... '"~::~:~ ........ Councilmember Baldwin referred to page 6, Secti,..o.;¢ii?:i~;'":=~i~i~-'g..r...aph of the Report, and inquired as to the meaning of the word "recommei~:Sed". Mr. Flad responded by stating that.::~i::ii;~{ii~!i!iiiii~:, the ':~ii~~ ..... would be making recommendations. He further explaine~i?~i~:~t t~iiii~~ii?:~.v..i~{i!~"n Authority (FAA)limits airports and local agencies ability tO:~i~'ulate..~!i~"tr~i~ii~i~iii~tems from the Commerce Clause of the Constitution ........ ~::!i?' City Attorney Rapport advisedii~t it als~i?~'ay ste .m...ili~m the Supremacy Clause and the Federal Aviation Act itself.: .... iiiiiiiiiiiii? .~ii!iiiiiiiiiiiiiiiiiiii~ Co,nc.i!~~r Bal~J~iiii~.r. ed as'~i~ii~i~::i'his would not apply to controlled airports and if tl~'~?:ii~i~!ii~i::icontr~ii~ii~iii~ii~raft in terms of their landings and departure direction. Mr. Flad stat~'~!ii~ii~y:..wou'i:~ili~iii!i~::~coveredii under Federal Aviation Regulations Pa~ 150, Part..::~il.6~!~iii!iiii~i~ili~:ise i,~:~!~i~ictly covered by the FAA. They limit local agencies ability t.o:'!ii~i~'~trol the':::~~iiii~d number of airplanes that are taking off. Co~ilmember Bald~i~::ii~:ierred to the third paragraph on page 6, concerning the City of~ilU~iah establishing '''*::~ ..................... .::~n Airport operational policy of requesting that aircraft execute a 15- ~i~.e turn to the e..~::when taking off toward either the north or the south." He inquired i~ii~i~!~AA is not..::~ili~:Wing us to control the noise over the City. ~iiiiii~i~iiii~?~'ed that the"key" is requesting the 15-degree right hand turn upon a nod"~:~:~:~:':':'~leparture and the caveat is "when safe". The FAA has left it to the pilot's discretion as to when to turn in the interest of air safety. The FAA's primary interest is in the safety of airplanes and of those flying airplanes from when they are on the runway to flying to when they return to the runway. In response to Councilmember Baldwin's February 16, 2000 Page 8 of 17 observation that those living in the Oak Manor area experience more noise when airplanes make a 15-degree turn to the east at Gobbi Street, Mr. Flad concurred and noted the goal is to divert the noise from the majority of residents away from the hospital and major urban ce nte rs. Councilmember Baldwin inquired as to why it Seems that most aircraft heading south on calm days, take off to the north. Airport Manager Bua explained that the preferred calm wind runway is run.w:a..y 15 to the south. He discussed flight patterns of carriers and other aircraft d~p....arting...~.i~ arriving at the Ukiah Regional Airport. Noise related to these flights was di~.S....s.~!~ .... With regard to an inquiry by Councilmember Bal..d..~i!~?'regar~?!~ii!i~ii!i~.:s..tallation of,~i~: beacon on the southern hills, Councilmember Ashi~iii~dvised the glide slope being very severe because of th~iii!~ester.n.~ili~iii:~, tha~iiii~iii~i~::iii!~i~ a feasible approach, and may collide into the mounta~ii~iiiiii::~:b~i~fore, the ,a b.eacon on the southern hills. He advised that 100~ii~!iiii~i..r:.:~ment Flight R~¥~'::'ilFR) will De trom the north. This would be limited to a few carrj:~iii~i~ii~..g, daily. The remainder of the non-IFR flights will be landing at the active ru.~yi::~i~ili~pends on the prevailing wi nd at the ti me. ..iil ...... ~ii!!iiiiii?~i!ii?~!i!i!iiii!iiiii!iiiiiii~i?:::~:~~ .... Councilrnember Baldwin referred to page..::ii~iii~ii~ii~'ff...~::.and!i i n'~i~:~dii as to why they are departing at night. He also inquired if it:~'id b~iii~i~i~!~.:...a..:..s..'~i:-"all aircraft to avoid night Mr. Bua explained that, traditi~ili~, jets:.~i~Ve bee~iiii~0 much louder than other planes. He stated that the Airport is op.~i.~!~:;4 hou..r:~ili~ day, .a...~?is a public use Airport. We cannot restrict the use of the Airp .0.~. e~?~pt for ~i~:::~..e..~i~d that the Airport probably does not Councii:~~~ii~!dwi'~iii~i~ii~. opinion that property acquisition doesn't have much to do with n~iiiiS~i!~ather ~ii~?~i~~Sed operations which will mean more noise with the extension of .r--~~~ii~:~uild'i:~i~' hangars. He referred to pages 18, 19, and 20 and felt we ar~::~iii¢?:ii~~~!ii~ii~andi'~' which will only mean more noise in the long run. Mr. Ei~ explained tl~i~iiiii~?~i~:i the components to property acquisition is for a runway pr~ion zone. Another........ ~ponent involves situations such as the Ryan property which was..-'~;purchased:,::::~:~:~:~:~:~: last .year which does lend itself to additional Airport development. He ~~ that all Air..~t development comes before the Council and not all Airport ~!~p.....ment wi..l, ti~ii¢~:'~'ult in increased noise. d~ii~~'~' Baldwin inquired if anyone has considered establishing a maximum limit for base aircraft at the Airport as a means of dealing with the prospect of increased noise. Mr. Bua advised that the Airport has never considered limiting the number of aircraft because in the past 15 years the number of aircraft has varied very little. A number of February 16, 2000 Page 9 of 17 factors have held general av. iation back to a very tow growth number, perhaps 1% or 2%. Councilmember Baldwin referred to the Airport Master Plan, noting that staff felt it was wrong in regards to expansion. However, at the joint meeting with the Airport Commission, several Commissioners said that the economy is causing a radical increase in recreational flying. Mr. Flad explained that at the time the Airport Master Plan was completed, the projections, nation-wide, were that general aviation was not going to see a dramati..c...~ncrease in activity, however, that has not turned out to be the case. Similarly:.~i~i?ith ~[!iiii~'ctors of the economy, growth has exceeded expectations each year for the I~iii~i~...e..~ii~'ars and this is no exception. ....:~ii!!ii?:~ ....... Councilmember Ashiku noted that there is a la~i?i~'f support that type of activity, therefore there are not :~ny ne~ii~i~'nes there is development of aviation related industries a~i~::i~i...A.i.~!::~. This is economy and is bringing in more manufacturing jo'~iiii~iiii~:area. Ms. Horsley discussed development and Fixed....::~'~!i!ii~~t.:ors (FBO), noting there hasn't been a sudden influx in planes wanting to..i~nt han'~::~iii~ii~..:Airport. Councilmember Ashiku explained that at..~i~iii~.t.i~g, th~?~ii~re approximately 20 potential aircraft hangars available befd~::'maxi~iii~~i.:t...~;i~::reached. Councilmember Baldwin referr, g¢!iiiib pag..e.:i!?4, IV.2i!i!ii~8~i~'e, fourth paragraph, and the Ukiah Valley General Plan and.::~~h Ma~gemen.t.:::ii?ogram section of the staff report, which states that "approximate.!~ii~% of t.~¢iii~ircraft..~¢~art on runway 15 to the south", and inquired if this is a true st.a.:te~ht. :~iii!ii!i!i!?~ii!iii?~i:~iii~ ............... Mr. Bua..'iii i ...d..that'i ii!i !ii..-ty of ai'? :. ili partures are south bound. This includes .north bo'~ii~::..res t~:~iii~ii~i~.:.n, g cross wind and going south as quickly as they can because tim~ii~i~i~y, to th(~:~iii?~iii.l.'~i~intertime, the prevailing winds are out of the south and the coma iiiii i y::.!s Council~ber A~:~i~!ii~i~ned that there is a 3 to 5 knot variable that designates the so you can"! iiiiiiii " up to 5 knots, you are traveling south, you do not want to .~nd all that mone~i?f~?~as to go north and make a turn to the south. q~ci~member Bal~in.......... referred to page 23 of the Good Neighbor Plan, where it refers t....~iiiii~i~ Airport Ma.~:r investigating the feasibility of implementing a variety of buyer ~~i~:ess pro.g.~s, and inquired if this requires a City ordinance mandating that real ~~iiiiii~~iiiiii~:nd agents advertise that there is a potential noise problem in the C'~~i~:i:i~iiiii?~e also inquired how to implement a buyer awareness program. He recommended that should the City implement such a program, that it be for all buildings in the City limits. He felt the noise level zones are inaccurate and felt that although the newspaper indicated there has been a lack of noise complaints, it does not mean that a significant amount of people have not been bothered by the landings and take offs. He February 16, 2000 Page 10 of 17 thanked staff for working on the Plan. Mr. Fled stated that Airport staff will research the various methods available for implementing a Buyer Awareness Program and bring it back for Council consideration and adoption. Councilmember Baldwin noted that Calstar serves people, primarily, outside the City limits and tries to provide a quick urban response service to people who live in rural areas where they should not expect quick urban response time for emergencies.;~.:iii!iiii?:~:. accident victims who have?iii'~d.::i~'~l'''"" '~'":': injuries are Councilmember Ashiku noted that transported to a local hospital, Santa Rosa, or anothe.~::i~cility,.~i~ii~g on the injury. Councilmember Baldwin pointed out that many~iiii~:~mmuniti:e'~..~iiiii~!~i!i!~iiiiilhave property values than Ukiah, and may be more attr~i~e this type of service flying over their town. We ha~iiiii~ed..::~i~ it for 50 o~i~iiii~i!~f the aircraft age without this and he felt it is important to r~i~ii{~::.Calstar lease I~:~'se more than jets, the helicopters are a real invasion of our ~~!iiiiiiii!i~ii::i~ Mayor Mastin stated that Calstar responds to ~'nts wl~?i~ii~i~iiig.utside the City and some individuals who may be involved in a~i~~t or res~!~!ii!i~::~be City residents. Ms. Horsley was of the opinion that Cal~i~:~'ffer~iii~iiiii!~ab[eiii~'rvice to the community. She noted that the state assistance iniii!~::~ding..:ii~ii!~h~:~i~ii~i~ii~::"was because people who were in thOse areas, had little cha~ of beii~!~l cont~!~::"'Calstar is providing a more rapid response which will provid~ili~i~reate~ii~hance o."~?~urvival in outlying areas. Mr. Fled ad..v...ised that Cal.~rii~i~schedu..i~i~:.0..:.:,.S..p~--~..,...'.~:"before Council at their next meeting in March,.::~iiii~e will requ~iii~[ they P~~i~'istics regarding the residency of those rescued~iiiiii~ii..h..ave b~iiii!~!i!i~ess f~i!i~iii~'two years. Calstar is a private, non-profit Councilmem~:.~ii~:.~ii~as v~iiii~~sed that the City does not receive more than five complaints-"iii~iiii~i~!iiii~i~:'ering ~ busy the Airport is. She discussed bombers flights creating:'iiiiiii~:~ increa'~i~ii!i!iii~iiii!iii~i.se, but in taking into consideration their purpose of exting~'~hing fires, th:~ii~iii!~~se was understandable. She requesting c?ification'of wo..~i~g on page 9, S~bti~:~ II, Pilots Should, first sentence should read: Be aware of no~ts:.e sensitive areasi~i~i~particularly residential areas near the airoort" Addii n~ v · .:~ ..... ~:~:~.::~' ,_ · t o _11,, .... ~!~....ed ~f the seco.9~..::tO last sentenoe in that section should read: "If you want to praotice ~!ii~dings,...S.:.t.-~::'away from residential areas." ~iiiiii~iiii!~~::['hat the second sentence is correct as printed in the report in referring to residential airports. However, staff will make the ohange to the first sentence. Council complimented staff and the Airport Commission for their work on the report. February 16, 2000 Page 11 of 17 Mike Cannon, co-owner of the Redwood Health Club on South State Street, advised that the Airport has been a good neighbor. However, he discussed the noise impact during the summertime when the tankers fly very Iow into the Airport. The Redwood Health Club has a large outdoor pool area and the noise from the tankers affects their customers. The other planes are not as noticeable. Ms. Horsley explained that there is good news in that the tankers/bombers will be changing their engines and will be much quieter. Mr. Bud advised Mr. Cannon that he should call him with any ques....tjons .O.~iii~'ncerns that he may have and he will be happy to follow through on the matt.e..'~iiiiiiiiiii?:~:...~:~ii?~ .... M/BO Ashiku/Libby adopting Ukiah Regional Airpo.~iii~iii~e A~i~~ii~!i..a..nning/Airp~ Good Neighbor Policy; carried by the following Libby, Baldwin, Ashiku, and Mayor Uastin. NO~i None=~!i:~i~"~SEN~!i~~!~!~er Smith. ABSTAI N: N o ne. 9b. Aooroval-of Mid Year Sudoet Arnendme~ City Manager Horsley advised th~.t a revision...:t.o.:~:it:be Uid":~i!ii~g:et Amendment has Risk Manager/Budget Officer Harrisi?~i~;ise~ili~ii~ili~'.p..~i~nity being taken at mid- ye. ar is to look at the budget beca..~ som.gi!iiiii~:em~i::~:i!~iiiii~urred since the Budget's adoption in June 1999, and also tg~..:.t-~to anti,ii, ate wh~i:'~:~:~y occur between now and the end of this fiscal year. He discu~ii.~he n!.~'items i .n...::iii!~'e revision to the Staff Report that was distributed to Council at thj~i~i~'eeting~::~iiiii~ noted~t the largest change is the interest on investme:~ts that has b~P ~eived i~iiii~ii~ii~ fund. The interest rates are higher than anti~~ and iny~~~ are in i~iii~~ii!~:~sition so the City is receiving a greater amount:~::~ii~~e fro~:;i~! ~e briefly':~~Ssed the other items in the revisions to the Councilmem~iii~i~i?~[e...:ferre~iii~....:.~iii~ii~ccountii for Non-Electric Revenue, and inquired as to the City!~iiii~i~i~ii~i~ent. Ms. Id~i~Sley explained:~ili~!iii~=~'iaw suit occurred approximately seven years ago when the City??easurer invested:~m reverse floaters" which was not in compliance with City policy. ~iii~ity believed the.~kers had misrepresented some of the claims and therefore a law ~ii~iii~as initiated a-~'the City settled with them. Money is still being received from the ~i~nt, wit.b:~ii~' a couple installments remaining. Libby discussed money received from interest rates and questioned whether it could be designated for City projects, such as upgrading the City's electrical lines and equipment. She would like to $77,000 designated towards such projects as replacing lines and poles. February 16, 2000 Page 12 of 17 City Manager Horsley responded by stating that the revenues could be designated by Council for such a purpose. She advised that Public Utilities Director Barnes is preparing a status report for Council that will delineate what has been done since the upgrade has begun on various projects. The report should come before Council at a future meeting. M/PC Ashiku/Baldwin approving Mid Year Amendment to the 1999/2000 Budget as specified in 1990/00 Mid Year Budget Amendment. Summary of Transactions, as amended; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smit~::~;:.ABSTAIN' Councilmember Libby requested staff respond to her..:[~.uiry re~i~iii'.rnoney available for upgrading the electrical system and how the $7~i!~::~ould ~iii~!ii~~:,.d. This cou...~!~ be included in Mr. Barnes report to Council. .:iiii!i!i!iiii? .... ?:Siii? "::~i!iiiiiiiiiiiii!iiiiiiiiii!iiiiiiiii~iiiiiiiiiiii~ ......... ~iiiiii? .... 9c. Adoption of Resolution Approving Me~i~um of Unders{~'~dina for EmDIovee Barclainino Unit- Fire Unit .... ;;;ii!iii;iiiiiiiii!iiiiiiiiiiiiiiiii;iiiiiiiii?;~ .... - Mayor Ma~tir~ advise~ that (~ouncil can go into Gl~:~d'::~i~i;i~n this item if needed. Consensus of Council was that Closed City Manger Horsley advised that the~iii~i~' Uni.~ili~i~iii~~t.:e~!ii~'nd ratified this offer. M/PC Ashiku/Baldwin adoptin.g..:i;ii~i~:Solut!~': No. 2~J~:;I, ..... adopting Memorandum of Understanding Between the Cityiii~iiiURiah ~'the Uki.~::~:Fire Unit; carried by the following roll call vote: AYES: Councilme~:brs:.:.:.:.:.:.. Li~iil Bald~i¢~?Ashiku, and Mayor Mastin. NOES' None. ABSENT' CouncillOr Smit~iiiii;ii~~i;~- None. Council~~iiiii?~;ii....L..ibbY::~i::ii~i~?;~ that a memo from the Mendocino Council of eovernmen'~;iiiiiiii~~), wa~iii;Si~(~ii~ed to Council earlier. Mr. Phil Dow will be in Sacramento.....0..~;ii~~i~.3, 20'~iii~8' we should know at that time if they will be receiving additionat...:~:~'~':':~Sii::~~;;~e co~:dor enhancement project. There is approximately $40 million:.:~iiii;~i~'i~e TEA fu'~8~i!;~.i.:Mr. Dow felt very confident that they will receive additional fun~iii~8 expand their ~i~i! .... .......?. ..:.;.:-:.;.;.:.: T-:~i~iCommunity:::::::::::::::::::::::: Cent¢~?Committee..:.:.:.:.:.. received a $19,000 technical assistance grant and they ~i;i;~0w looking to.::~ii~e someone to prepare the needs assessment study. ~?:~iiii~i~iii~!~"ry Committee has two subcommittees, one to review the permit process a~iSiii~;ii!~i~¢:"Will review guidelines. The City of Ukiah currently does not have a permit process for filming within the City and she requested input from staff to forward to the Committee that will assist in formulating a draft film permit for the County and also to make the process run smoothly. February 16, 2000 Page 13 of 17 The Economic Development and Financing Corporation (EDFC) met and she inquired if Council could provide suggestions with regard to the types of trade shows that EDFC should attend that would benefit Ukiah in bringing in businesses. She will return to EDFC with suggestions. EDFC will also be conducting an industrial land study, concentrating on the entire county so that when businesses are contacted, EDFC can provide them with information regarding availability. The Grace Hudson Museum is getting ready to start their new budget. They had a reception for their new exhibit on February 5, 2000. It was brought to thei...r?:~...a, ttention by Community Service Director DeKnoblough that there will be some~.terms..:~:~ring on the Parks, Recreation, and Golf Commission in June, and that havin:...~i?ii!~ii?:..r.9~entative from the Museum on the Commission would be helpful becau..:~iiit..:.hey f~i!iliiii~iiii~, category of the Commission. The Board of Directors of the Grade Hu~::i~useu'~i!~i~i.ii~iii~...uld be helpf:~i!~ to have a Museum representative on the Commissio:~ili~6 provid.e..:.'i~i.~:~i..~~ii~.g Mus.~i~ activities. If Council is agreeable to this recommend~n, also want to consider renaming the Commission ~!ii!i~[:~:.,t.i~'' She also'~~ii~i~t Mr. DeKnoblough has advised her that the Commission::~ili~~n working very":~ii~:i'0gether. ... ..:::'::::i::" ===================== '::"::::::::~::::::.. , She reported that the Chamber of Commerce will be.:.:..i::~'ii~ii!~i~ii~i~us, ness symposium on "::i:i:i:i.:.:-:-:.:-:-:-:-:-:.:-:-:-:.:-:-:-:.:.:.:.. ..... ::::::::::::::::::::::::::::::::::::::::::::::::::::: She attended a workshop of the Northern ~a-'.~t. em!.a:?:~e~.er Aut~:~' (NCPA) in Roseville for two days. She received information..:~?he hi~{~iii~{!ii~..C...B~iii~nd found it very helpful. She found it interesting that in the..:~i~ii~:~0 s, ~i~."~:~iiiii~iiiiii~iii?~utting a squeeze on the wholesale buyers by trying to charg'."~?them .~!?much :~ii~i~ charging the retail buyers. This is when NCPA first forme.d..:::iiiiiiii!i~'r the.:.!i:~ 10 ye~ they filed law suits trying to stop P.G.&E. from proceeding, and ...t.....~¢~:~on e~ law s .u..i~i?NCPA is divided into four business managers consisting of adr~i~iStratio~iiiiiii~.nerafi!~' service, power management, and legislativ.e..:.~::ii~ regulat~!iiiiiii?~~ goals :~:i::~!:~:~vledge, awareness, and a comfort we should ba~.e::::::.i~::i~ur inv~t.:-'~!~!i~iii~.he ha~:~::~i~ble "The Basics of the Electric Utilities" for Counci'i~~i~desiri'~i~!~i~.n further information on NCPA. At the next Council -.::; :::::::::::::::::::::::::::::::::::::::::::::::: ====================================================== meeting, s'l~iiii~!!!iiiii~:.vide "~iii~~!~ report on their attendance at the annual NCPA conference in"~~i~.ton, D'i:~i i~:"with Councilmember Ashiku Coun¢i:!~:mber B~i~i~iiii~.rted attending a meeting of the Mendocino County Inland Wate....~ii~d Power Co~~i~i?:::i:iWPC)on February 10, 2000 and City Manger Horsley was als;,~!iiii~' attendance. T.~':~:Pc ..... has been offered $100,000 from Sonoma County Water Ag'i~cy ........... for educatio~' purposes and the majority of IWPC wants to use approximately ~~0% .............. on an edu.~ional video. Several members are very nervous about the motives ~~.the gift f.r.~.0....~ii~Sonoma County Water Agency to help fund a Mendocino County ~i~i~i~::9.aJ.~i~.~::i The Commission would need to contact the various entities and ~~iii~ii~'r $50,000 to prepare the educational video. The gift came to IWPC at a ver~:':~6'~u ne time. The National Marine Fishery Service, which is part of the Department of Interior, after working for nearly two years with the Fishery Review Group to come up with a minor 15% reduction, has now changed its mind and is attacking the proposal and claims that it will February 16, 2000 Page 14 of 17 jeopardize the Eel River. They are now proposing an even great reduction in the rate of diversion. This prompted the Commission to draft a letter to our elected representatives about the waste of taxpayers money and why there would be a turn around by a federal agency. He discussed the proposed canal around Lake Mendocino, which would help with gravel and fish habitat issues. The Friends of the Eel are now officially opposing Park Steiner and accusing him of having ulterior motives for his own private benefit, and secondly if it were to be approved and funded, it would cause continued diversion from t..~ Eel River. Aisc significant to IWPC is the increased legal fees of Antonia Ro::~sman.,..~.i~:~ maintains it will cost $5,000 per month for the next four months to deal with .:~i!i.p.:..~'ial sale of this issue. IWPC intends to invite Mr. Rossman to attendiiii::their n..~iiiii~!ng, to have Mr. Rossman convince IWPC that this amount of mon~iiii!i~'=:'~'wortl;i;~iiii~iii~i~?t~bis time. recommended another Councilmember attend that ~'ting. H.e~i;:i~~iii~ili~PC did::i~i have this money budgeted. He clarified that it woul~ii!~e $5,o..o.¢i?:!~'er m'~i~iii~i~ili!~iE~!'' It is critical to determine if it is worthwhile to spend thi~!i~~iii~="money at ======================================================= He thanked the City Manger and staff for the a~i¢i!~:?~i!iii~iiiiiii~ss Democrat regarding · Councilrnernber Ashiku discussed Senat~iii~~;i.~:oxe .... r's ~i~ concerning Internet taxation which is in opposition to Counci:!~ber i~~i~ikv:ie.~.~!!!?He advised that he met attorney Fran Francis which NCPA u~ in Wa~::~i~iiiii~i~!!?;and during a presentation .,:,:::.:.. ..:.......-,.:....,:,.........:.:.......;.....:,.... she spoke regarding the Federal..:::~'ulatoM;:;~0 ' ':~:::~:'~*::~:~:~:":~*~": .... ' ........ mm~s;~!~:,:'~awng the ability to recapture a hydro project under federal rul.e~?~: the o....¢~"nal cost..-i~i~f the project. She suggested that may be an option that NCP~iiiii~ exEl~ for vail'Us hydro projects that arise. He suggested that IWPC contact ~i~"Franci~ii~. sbe...~ provide them with direction. He will provide a..::~i~!i[:?eport o..n..~:ii~!ii:::~pA co~i~~.!.ii!~::'Washington, D.C. at the next Council Councilrn:~i~~ii!i~aldwir~:~?:~i~iiii!ii~t:,he is very interested in having AB483 - Billboard emoval Amo..~!~!~D~ii::~.p...:!aced'-~i~iii::~.unc~l s agenda for possible support from Council Mayor..~i~:{:in adv'i:~i'~iiii~iii~,.n..., january 26, 2000 Mendocino Solid Waste Management Authg~' (MSWMA) m:~{iii~iii~ii~i~s and reported that MSWMA has been approached again by.:~t Miller and Phi!iii!i~::~se ...... to purchase the MSWMA property on North State Street, It~:~ ........... rejected by th~iiiBoard..,..,,, because they were not sure of development of the Taylor ~.site. Since t .h...~::~time, the Board of Supervisors has approved the Taylor Drive site ~iiii~t.. MSWMA.'.s.'~ili~xt meeting they most likely will direct to solicit offers for the North or~:~i~i~:::~7, 2000, Mendocino Transit Authority (MTA) met and he updated Council on the status of the Ukiah Depot property. MTA has not signed any papers and will now need to pay $30,000 to $40,000 to hire a negotiator to negotiate with the tenants of the property regarding relocation. He briefly discussed the leases with Council and the City Attorney. February 16, 2000 Page 15 of 17 City Attorney Rapport advised that as long as MTA doesn't extend the lease after they take title to the property the lease would expire by its own terms. If the lease is month to month and the prior owner gives them 30 days prior to the title transferring, the lease would expire by its own terms and something they did would cause it to terminate. Mayor Mastin advised that the fact that federal money is involved would make it MTA's not NCRA's responsibility because it is MTA's project and money. There is approximately $1 million in Denver liens on the property and tax liens that have not been cleared. MTA directed their design architect to provide alternate plans that may not requi:r.e relocating anyone and would also, potentially, not require a Clay Street cros~=!ng. ~~ver, it then would require a larger portion of Union Pacific proPerty and l~?;t~:~u~E~own when the property will be cleaned up. The major problem is that.-~i::~A's ~j~(;!ii~.~ing, while it's in Washington and secure, will be released when there i~?i~!;;;~0ject,":~8?~i~iii~ave less thuD: two years before they need to access it or loose th~i?~nding. :::::::::::::::::::::::::::::::::: ....:::::::::>~ =========================================== He reported attending Project Sanctuary's open h¢~iiii~!ii!i~.ebruary 1,2odSi';ii~(~{:~eir new office facility at the Senior Center complex on Lesli~;i!~~iiiii:..~here was a ribbon cutting ce re mo n y ..... :~?~::' '::~ii?~iiiiiiiiiiiiiil;ii;iiiiiiiiiiiiiiiiiii;iii:::;~ ...... On February 19, 2000 he plans to be involved:iiiii~iiii~iiii~:i.re DeP~~'"'~ii~hd Ambulance ride along. ..:i~ii::? ...... ii::i::i::ii::::::::i::ii::iiii~::~i~!ii::~i~i~::ii::i::::ii::!i::~ ........ ~iiiji City Manager Horsley advised .t..b.~?last e~ing U'i~¥="' F l ad and herself toured the Masonite facility and found it ve.~ii~cinat.i,~i She di~=Ussed their processing and noted that the odor emitting from th..:[~i!i~i'lity i.:.s...'.i.i~e to r..e:.~ood, water and steam. Their new product is called softboa.r::~:. ~:'they wii[Jiiii!~girt.::~:.~uction soon It is a very automated ================================= =========================================== · :::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: ================================== A mem~i~iiii~ilili~ii~ate'::";'~i~i~iii,has b;:;:;':";'nvited ,o speak ,o local governments on the different P~~i~i~.undi~:~iiii~iiii~ii~.re for local governments. Richard Shoemaker has been helping':i~.i~iii~i~~i:nate '::~iiiiii~t. The forum will be held at the Ukiah Valley Conference. iii~~iii~ii~h:e.` will"::~'ise Council of the scheduled date and time. She ..:~ised that n~iiiiii~~res on the POlice Department concerning volunteers, res~es, and cadets h~?:~en prepared in both English and Spanish and she distributed th~'to Council. :::::::::::::::::::::::::::::::::::::::::: .-...-......-.~:i:~:~:~::' ~i~iiiiii~..or$1ey e~i~ed that the Taylor Drive project was approved by the Board of ~~~i~i!!~i::::~"to 2 vote. Staff spent two days at the Board of Supervisors meetings a::~Siii~i:i~~d those Councilmembers who also attended and the support they lent to the 'rfi~tt'br. The applicants are going forward with the project and a letter has been prepared for the Mayor's signature with regard to the Pollution Financing Board that gives very Iow interest loans that will be used by the facility. She is happy that the matter has now been resolved. February 16, 2000 Page 16 of 17 Councilmember Libby thanked the City Manger for attending the Board of Supervisors' meetings. She explained that she found the City's Web site under Mendocino County government but it did not provide accurate information. Ms. Horsley explained that staff will be meeting with Mr. Blower next week regarding establishing the City's Web site and it should be running this month. City Clerk Ulvila reminded Council that April 3, 2000 is the deadline for filing Statements of Economic Interest, FPPC Form 700, with her office. Those needing c0pi~s made for filing with other agencies should feel free to contact her. Sh.g. also..:,~i~:tributed the November 7, Election Calendar to Council · ~ii::i~::"2000 -i:!:::!':'i~ !:::~:i?: "::::iii submitted a calendar for the November 2000 el~on to a. G.C. _~54957.6- Conference With Lab~iii!~o~i~:~or Negotiator- Candace Horsley Employee Negotiations: Fire Unit There being no further business, the me.e...~ii~ii!~i!~r, ned a~iii~i!~9-'"'""~'"'" p.m. Marie Ulvila, City Clerk ....iii!iiiiiiiiiiiiiiiiiiii! .::~iiiiiiiiiii:? ::iiiiiiiiii? ...... .:::::::¥ February 16, 2000 Page 17 of 17 ITEM NO. 6a DATE: March 1, 2000 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR THREE FLOWAY VERTICAL PUMPS TO FLOWAY PUMPS FOR THE SUM OF $37,536 PLUS TAX Included in the 1999/00 Wastewater Treatment Plant Budget, Account Number 61 2.3580.800.000, is $40,000 for replacement of three trickling filter pumps. The existing pumps are unrepairable. Specifications were written and Requests for Quotations through the formal bid process were sent to three suppliers of Floway vertical turbine pumps. Three bids were received and opened by the City Clerk on February 22, 2000. FIoway Pumps was the Iow bidder with a price of $37,536 plus tax. There is no local supplier for this equipment. RECOMMENDED ACTION: Award bid for a Floway vertical mixed flow pump to Floway Pumps for the sum of $37,536 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and refer back to staff. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Bid Tabulation Candace Horsley, City M~nager 0 0 0 I-- 0 !-. 0 c~ X ITEM NO. 6b DATE: March 1, 2000 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR 2-WHEEL DRIVE 3/4 TON TRUCK WITH UTILITY BODY TO LASHER AUTO CENTER FOR THE SUM OF $22,519.28. REPORT: Included in the 1999/00 Budget, Account No. 820.3908.800.000, is $26,000 to purchase a new 3/4 ton service truck for use at the water treatment plant. This truck will replace a 1982 1-ton service truck now in service. Specifications were written and Requests for Quotations through the formal bid process were sent to 15 auto and truck dealers. Five bids were received on February 22, 2000. The lowest bid was from Lasher Auto Center for the sum of $22,519.28. RECOMMENDED ACTION: Award the bid for the 3/4 ton service truck to Lasher Auto Center for the sum of $22,51 9.28. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and refer back to staff. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Tabulation of Bids APPROVED: f~'~ ~"~'~' ~Ci~.~M Candace Horsley, anager 0 0 0 0 0 I-- W · - 0 c o (J 0 0 AGENDA SUMMARY ITEM NO. 6c Date- March 1, 2000 REPORT SUB~=CT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR 9,000 FT. OF #2 AWG ALUMINUM, 15KV, XLPE INSULATED, NON-JACKETED, CONCENTRIC NEUTRAL, SINGLE CONDUCTOR CABLE TO HENDRIX, C/O STEPHENS, McCARTHY & ASSOCIATES IN THE AMOUNT Of $8,928.56. In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,0000 but less than $10,000. A Request for Quotation (R.F.Q.) through the informal bid process was sent to four suppliers. The bids were opened by the Electric Department on February 18, 2000, at 1:00 p.m. The bids were evaluated by Staff, Hendrix, c/o Stephens McCarthy & Associates was the lowest bidder. A purchase order was issued in the amount of $8 928.56 including tax and freight. ' This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 1999/00 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECO~-~RDED ACTION: Receive and file report regarding the award of bid to Hendrix, c/o Stephens McCarthy & Associates for the sum of $8,928.56. ALTmRNATIVE COUNCIL POLICY OPTIONS- N/A Citizen Advised- N/A Requested by- Stan Bartolomei, Electrical Supervisor Prepared by- Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Can~ Horsley, City Manager Attachment: Bid result~ ~ APPROVED:-~ ~ 2 CandJce Horsley,-C~ty Manager BID RESULTS #2 AWG ALUMINUM, 15 KY, ~.PE INSU~.~TW.D C~_BLw. Hendrix % Stephens, Pirelli Cable Corporation (without King Wire & Cable Corporation * Champion Wire & Cable Boca Wire Corporation Pirelli Cable Corporation * Pirelli Cable Corporation (EPR Pirelli Cable Corporation (EPR McCarthy & Associates lagging)* Insulation, Insulation)* without $8, 928.56 $9,893.81 $10,086.86 $10,810.80 $11,003.85 $11,534.74 lagging)* $13,735.51 $15,376.43 *Specifications call for non-jacketed, tin plated concentric neutral, wooden lag protection. Pirelli is offering bare copper concentric. King Wire is offering jacketed cable. AGENDA SUMMARY ITEM NO. 6d DATE: March 1, 2000 REPORT SUBJECT: AWARD ACQUISITION OF DUMP BODY FOR PUBLIC WORKS DEPARTMENT TO TIS TRUCK BODY & EQUIPMENT IN THE AMOUNT OF $15,981.32 SUMMARY: On November 17, 1999, the City Council awarded the acquisition of a three axle diesel truck (cab and chassis) in the amount of $54,542.83. The City Public Works Department then worked with the Purchasing Department to obtain bids for the acquisition of a dump body to install on the three axle truck. A notice requesting quotes for the dump body was published in the Ukiah Daily Journal on February 13 and 18, 2000. Eight companies received requests for quotations. Three companies responded with quotes. The lowest responsive bidder, is T/S Truck Body & Equipment of Arcata, CA. The Iow bid of $15,981.32 added to the price of $54,542.83 for the three axle truck is $70,506.15 which is less than the Public Works Department budget amount of $73,000. Tabulation of Quotes - Dump Body Company Quote Amount TlS Truck Body & Equipment Arcata, CA $15,981.32 Dailey Body Company Oakland, CA $16,818.80 Best Truck Body Windsor, CA $18,122.35 RECOMMENDED ACTION: Award acquisition of dump body for Public Works Department to T/S Truck Body & Equipment in the amount of $15,981.32. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: 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 Attachments:, 1. Fisca~q~ar 1999/2000 bud[let sheet APPROVED:,~~ _'~~_. Candace Horsley, City, Manager RJS:AGDMPBD2.SUM ._1 0 0 0 ~ ~ 0 0 0 ~ 0 0 0 0 0 t~ 0 "' ~TT, q~H M EIgT ~_~ ITEM NO. 8a DATE: March 1, 2000 AGENDA SUMMARY REPORT SUBJECT: RECEIVE AND FILE THE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR 1998/99 Stephen Herr, CPA of Davis Hammon & Co., Certified Public Accountants, conducted the audit of the City of Ukiah's financial statements for the year ended June 30, 1999. Davis Hammon & Co. has audited the City's financial statements for a number of years and therefore has a good understanding of the City's operations. This continuity also provides the financial statements with a similar presentation from year to year. Mr. Herr will attend the Council meeting and answer any questions the Council may have. The financial report is divided into several sections: REPORT Table of Contents Independent Auditors' Report Combined Financial Statements Notes to Financial Statements Enterprise Funds Combining Statements Single Audit and Other Compliance Report Compliance and Internal Control Information Report on Appropriations Limit Worksheets Supplemental Information Ukiah Redevelopment Agency Audit Report Paqes i-ii 3-4 5-10 11-23 24 -28 29-32 33 -40 41-42 43 -45 46 -57 Independent Auditors' Report The auditors' opinion, titled 'lIndependent Auditors' Report," is qualified with regard to the potential impacts of Year 2000 related changes. This means that, in the auditor's opinion, the overall (C0ntinuedonpage2) RECOMMENDED ACTION: Receive and file the City of Ukiah financial statements for the year ended June 30, 1999, audited by Davis Hammon & Company, CPA's. ALTERNATE COUNCIL POLICY OPTIONS: None Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Finance Director~ Attachments: 1. Schedule of Combining Funds Note: Bound copy of the City of Ukiah Financial Statements for FY 1998-99 was forwarded under separate cover APPROVED: ~~ ~ c~an~ace Horsley,I City Manager financial statements present fairly, in all material respects, the financial position of the City as of June 30, 1999, except to the extent that any Year 2000 issues may affect the financial position of the City. Combined Financial Statements As a whole, the City is fiscally sound. The audited financial statements present a summary level for the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, and Trust and Agency Funds as well as a listing of the totals for the General Fixed Assets and General Long-term Debt Account Groups. This summary is an overview from which only generalized conclusions should be drawn. In addition, Combining Statements of the Enterprise Funds are included on pages 24-28. The general ledger maintains many more funds than are identified in the audited financial statements. Attached is a schedule of the funds that are combined into the funds identified in the audit report. Notes to Financial Statements In addition to the financial statements themselves, the '~Notes ~n~~~s~ ~i~e b~~n~a~acg~nd~oPj%~' ~ei~ to Financia 1 tant additional o and · the manner in which business is conducted. Note l, Summary of Significant Accounting Policies, discusses the City's policies regarding how various assets, liabilities, revenues and expenses will be recorded in the financial statements. Note 2, Legal Compliance - Budgets, discusses the budget process. Note 3, Deposits and Investments, discusses the types and amounts of the City's investments. Note 4, Receivables, provides information concerning estimated utility receivables, allowances for uncollectible accounts and property tax receivables. Note 5, Fixed Assets, lists the amount of changes and balances in the General Fixed Asset Account Group and the fixed assets of the Enterprise and Internal Service Funds. Note 6, Risk Management, provides some information regarding the City's types of insurance coverages and the deductibles the City pays before coverage begins. Note 7, Capital Leases, and Note 8, Long-term Debt, identify the commitment for future lease and debt obligations. Note 9, Segment Information - Enterprise Funds, identifies where the required information related to enterprise funds is found. Note 10, Interfund Assets/Liabilities, lists amounts owed between funds. Note 11, Other Required Individual Fund Disclosures, lists funds whose expenditures exceeded their budgets, funds that have deficit fund balances, and the portion of fund balances that are reserved or designated for specific purposes. Note 12, Contingencies, discusses the possibility that various legal actions or future grantor decisions may have a financial impact on the City. Landfill Closure and Post-closure Costs, Note 13, discusses the calculation of the City's future obligation for these costs. Note 14, Service GE :Audit99. agn Page 2 Contracts, identifies agreements the City has entered into for provision of various services. Note 15, Joint Powers Agreements, identifies the joint powers agreements the City has entered into. Note 16, Deferred Compensation and Note 17, Employee Retirement Systems, discuss the retirement options available to City employees and various costs associated with the plans. Note 18, Changes in Accounting Principles, discusses new accounting rules that were implemented during the fiscal year. Note 19, Prior Period Adjustments, identifies adjustments made to the fund balances as of July 1, 1998 and the reasons for the adjustments. Note 20, Year 2000 Disclosure, discusses the procedures followed in preparing for the Y2K change. Enterprise Fund Combininq Statements These schedules provide asset, liability, equity, revenue, expense and cash flow information for each of the nine enterprises in the City. The nine enterprises within the City are: Electric, Street Lighting, Water, Disposal Site, Sewer, Airport, Parking District, Golf, and Conference Center. Sinqle Audit and Other Compliance The Single Audit requirement applies when assistance from the Federal Government reaches certain levels. The Single Audit report is presented in a standardized format required of all recipients of significant federal funding. This report identifies each grant award, receipts or revenue and disbursements or expenditures for each grant. Compliance and Internal Control The Compliance and Internal Control section is the area where the auditors report on compliance in accordance with government auditing standards, compliance with general federal requirements, and on internal control structure. The "Schedule of Findings and Questioned Costs" indicates: 1) The auditors express a qualified opinion, in relation to the City's disclosures reiating to the Year 2000 issue, on the general purpose financial statements of the City; 2) One reportable condition, #99-1, was disclosed during the audit; 3) No instances of noncompliance material to the financial statements of the City were disclosed during the audit; 4) No reportable conditions were disclosed during the audit of major federal award programs (Single Audit) for the fiscal year; 5) The auditors express an unqualified opinion on the compliance for major federal award programs; 6) One audit compliance finding, #99-2, was disclosed relative to major federal award programs; 7) Two programs were tested as major programs: Federal Emergency Shelter Grants Program (U.S. Dept. of Housing and Urban Development) and Community Oriented Policing Services Program (U.S. Dept. of Justice); 8) The threshold for distinguishing major programs was $300,000.00; and 9) The City was determined not to be a low-risk auditee. Management responses, for each issue the auditors raised, are included in the audit report. Reportable condition #99-1 had to do with reconciling the GE[AI/DIT99. AGN Page 3 miscellaneous accounts receivable subsidiary ledgers with the general ledger. Improvement is necessary in identifying the differences that occur between the subsidiary and the general ledger. When a new financial system is procured, an automated interface between the subsidiary and general ledger is anticipated. This automation will assure the consistency between the ledgers. In the interim, procedures to improve the resolution of differences between the subsidiary and general ledgers are being implemented. Compliance finding #99-2 had to do with certain costs of a police officer charged to the COPS More '96 grant when these costs were not grant eligible. The error was identified prior to the audit and corrected in the subsequent fiscal year. Prior year finding #97-2, related to recording changes in fixed assets, was restated. This finding identifies that the services obtained from the vendor providing fixed asset record keeping are not as complete or timely as they could be. When new financial management software is purchased, fixed asset record keeping is expected to become an internal process. Report on Appropriations Limit Worksheets In accordance with League of California Cities guidelines, the auditors performed a review of the appropriations limit work papers prepared by City staff. Based on the limited procedures performed, the auditors noted no exceptions. Ukiah Redevelopment Aqency The Ukiah Redevelopment Agency financial records are included in the statements labeled "City of Ukiah" as well as presented separately at the end of the audit report. This presentation is required under the generally accepted accounting principle of "reporting entity" which states that any entity which the City Council controls a majority of must 'be included in the City financial statements (Note IA, page 10). Additional Information At June 30, 1999, the City was in a better financial position than was anticipated when the FY 1999/2000 budget was adopted. This improved position was seen in the improved financial picture presented in the mid-year budget amendment adopted at the February 16tn meeting. Staff will make a presentation at the Council meeting to further explain the financial results of fiscal year 1998-1999. Mr. Stephen Herr will represent the independent audit firm. Mr. Herr will answer any questions related to the auditors' opinion, the role of the auditor and the auditor's findings and recommendations. Recommended action Staff recommends receiving and filing the audited financial statements for the year ended June 30, 1999. GE~AUDIT99. AGN Page 4 General Fund 100 General Fund 110 Special General Fund 115 General Fund Reserve 131 Equipment Reserve Fund 140 142 143 200 201 203 204 205 206 207 210 250 270 280 290 300 301 302 303 332 333 334 335 340 341 345 618 960 962 Schedule of Combining Funds FY 98-99 150 966 Special Revenue Park Development Fund National Science Foundation NEHI Museum Grant Asset Seizure Asset Seizure (Drug/Alcohol) Health & Safety Education Fund Federal Asset Seizure Supplemental Law Enforcement Services Fund (SLESF) Community Policing Grants Local Law Enforcement Block Grant Fund Traffic Safety Special Revenues Signalization Fund Storm Drain Fund Bridge Fund 2106 Gas Tax Fund 2107 Gas Tax Fund 2107.5 Gas Tax Fund 2105 Gas Tax Fund Fed. Emergency Shelter Prog. C.D.B.G. E.D.B.G. 94-333 Revolving Loan Community Dev. Corem, Fund Sb325 Reimbursement Fund S.T.P. Off-System Roads Fund Flood Damages Community Redevelopment. Agency Fund Redevelopment Housing Fund 120 698 965 Debt Service Civic Center Fund Redevelopment Debt Service Capital Projects Capital Improvements Fixed Asset Fund Redevelopment Cap Improvement Fund 64O 641 65O 651 652 67O 679 95O Agency Funds San District Revolving Fund U.V.S.D. Special Fund Special San District Fund (Cap Imp) Redip Reserve Account Redip Sewer Enterprise Fund U.S.W. Billing M.E.S.A. General Service 550 555 800 801 806 810 815 Enterprise Funds Electric Lake Mendocino Bond Interest/Redemption Lake Mendocino Bond Reserve Electric Fund Electric Revenue Fund Public Benefits Electric Reserve Fund Electric Rate Stabilization Fund 820 840 Water Water Fund Special Water Fund (Cap Imp) 66O 661 664 665 666 667 Solid Waste Disposal Sanitary Disposal Site Fund Preclosure Project Reserve Disposal Closure Reserve Refuse/Debris Control Enter. Disposal Site Post Closure Reserve Landfill Self-Insurance. Trust 5OO 610 612 615 62O Sewer 1957 Sewer Bond Interest & Redemption Sewer Service Fund City/District Sewer Fund City/Dist Sewer Replace Special Sewer Fund (Cap Imp) 310 315 32O 6OO 6O3 Airport Special Aviation Fund Airport Capital Improvement Airport Clear Zone Fund Airport Fund Hangar/Site Improvement Fund 575 678 696 697 26O 9OO 910 915 92O 94O Internal Service Funds Garage Fund Public Safety Dispatch Fund Stores Fund Billing Enterprise Fund Expendable Trust Funds Downtown Business Improvemt Special Deposits Worker's Compensation Fund PERS Reserve Fund Liability Fund Payroll Posting 22O 23O 53O 695 8O5 410 Parking Parking. District #1 Operation & Maintenance Parking. Dist. #1 Revenue Fund Pkg. District #1 Bond Interest & Redemption Other Enterprise Funds Golf Fund Street Lighting Fund Conference Center Fund 87 Total Funds Combining Funds AGENDA SUMMARY ITEM NO. 8b DATE' March 1. 2000 REPORT SUBJECT: APPROVAL OF AMENDMENT TO SOLID WASTE MANAGEMENT AUTHORITY GROUND LEASE ALLOWING EXPANSION OF HAZMAT FACILITY LOCATED ON PLANT ROAD The current Mendocino Solid Waste Management Authority (MSWMA) Hazardous Hazmat Facility is located on City property north of the Animal Control building and west of the Sewer Treatment Plan. They currently have a five-year lease with the City of Ukiah which includes a five-year extension clause for renewal in October 2000. As part of the lease agreement, MSWMA maintains a pollution insurance policy with the City named as additionally insured to cover any possible liability issues. MSWMA has recently applied for, and received, a hazardous waste grant from the California Integrated Waste Management Authority to improve their facilities. The expansion would consist of a 14-foot concrete slab and supported roof structure to be used for the Hazmobile trailer and two trucks. In addition, since the County of Mendocino is in the process of purchasing the adjacent Animal Control Facility land and building, they have been notified of this potential expansion and have no objection to this project. Attached for the Council's consideration is the amendment to the Ground Lease Agreement, which will allow the Lessee to expand the Facility and add a storage and collection area for recycled electronics. The City Attorney has reviewed the amendment, and staff recommends approval. RECOMMENDED ACTION: Approve amendment to the MSWMA Ground Lease Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: o . Determine additional information is required prior to approving amendment to Ground Lease Agreement. Determine approving amendment is not appropriate at this time. Citizen Advised: Requested by: Prepared by: Attachments' N/A MSWMA Candace Horsley, City Manager 1. Letter from Mike Sweeney, MSWMA Manager 2. Amendment to Ground Lease Agreement 4/Sec. ASRHaz.Agm Candace Horsley, City ~lanager Mendocino Solid Waste Management Authority A joint powers public agency , February 1, 2000 Michael F_ Sweeney General Manager P.O. Box 123 Ukiah, CA 954482 Telephone (707) 468-9710 Fax (707) 468-3877 mesweeney~pacific, net Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: HazMobile facility expansion Dear Candace: The Mendocino Solid Waste Management Authority(MSWMA) has received a hazardous waste grant from the California Integrated Waste Management Authority. A portion of the grant is designated for improvements to our HazMobile base facility, which is located on a strip of City of Ukiah property between the wastewater treatment plant and the railroad. City approval for the facility expansion would constitute an amendment to the lease between the City and MSWMA. The proposed facility expansion was approved in concept by MSWMA's Board of Directors when it authorized the grant application early this year. The expansion would consist of an extension of the existing concrete slab area to the west, 14 feet, together with a new roof structure to cover it. Fencing would be adjusted accordingly. This expansion would help the HazMobile keep up with the steadily increasing demands on our services. The new area would be used for secure parking for the HazMobile trailer and our two trucks, thereby freeing up all the existing facility floor space for hazardous waste processing and storage. Like the existing facility, the expanded facility would include a concrete berm to prevent any spills from escaping. As a condition of the lease, MSWMA maintains a pollution insurance policy with the City as additional insured. In return for providing this site for the HazMobile, Ukiah receives the best hazardous waste service in Mendocino County, and the best that I know of for any California municipality north of San Rafael- eight two-day public collections. In addition, the facility could be used to allow drop-off by businesses, by appointment only, if the City concurs. The facility also allows MSWMA to operate our electronics recycling program, which has been a tremendous success in the Ukiah area. Our technicians working out of this facility also provide other important hazardous waste services to Ukiah. For example, the new transfer station contract provides that MSWMA's technicians will remove hazardous wastes from major appliances received at the transfer station, and additionally provide regular service to empty the load- check locker for hazardous wastes removed from the tipping floor. Our location, close by the transfer station, will allow excellent service. For your consideration, i have drafted an "Amendment to Ground Lease Agreement," which is enclosed. The proposed amendment clarifies that our electronics recycling program is an acceptable activity, subject to written City authorization, and that MSWMA, subject to written City authorization, may allow local businesses to bring hazardous waste to the site by prior appointment only. Sinccr.ely, Mike Sweeney Manager enclosure cc: MSWMA Board of Directors AMENDMENT TO GROUND LEASE AGREEMENT This Amendment to the Ground Lease Agreement ("AGREEMENT") dated October !2, 1995, between the CITY OF UKIAH and the MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY, is made this._.__ day of ,2000. The designated sections of the AGREEMENT are amended as follows: 4.2 Use of leased premises Lessee shall use the leased premises exclusively as a household hazardous waste storage facility ("the facility") for household hazardous waste, as defined in Health & Safety Code Section 25218.1(e), and hazardous waste collected from conditionally exempt small quantity generators (CESQG's), as defined in Health and Safety Code Section 25218.1(a), in connection with Lessee's operation of a mobile household hazardous waste program, except that Lessee may also use the premise.~ for storage and collection of recycled electronics, subject to written Lessor authorization, which Lessor may withdraw at any time. Lessee may not use the site as a household hazardous waste collection facility as defined in Health and Safety Code Section 25218.1(f) and Lessee shall not allow members of the general public ~'-v. r,~enr,,,.......,.......t~' bring household hazardous waste directly to the leased premises, except that Lessee may, upon receipt of written authorization from Lessor which may be revoked at any time, allow CESQGs to drop. off hazardous waste by prior appointment. All household and other hazardous waste stored at the facility shall be property transported to lawful disposal sites. (new) 4.31 Facility expansion Lessee may expand the facility in existence on the date of this Amendment by extending the concrete slab area fourteen (14) feet to the west, and coverinl~ this extension with a new metal roof structure which shall be lower in height than the existing, adiacent roof structure. The extended concrete slab area shall include spill berms. Fencing shall be modified to enclose the facility exte.nsion. Lessor shall no~ commence construction of the facility expansion until the Lessor, through its City Mana~[er or his or her desil~nee, has approved the plans and specifications 13. NOTICES Except as otherwise expressly provided herein, any written notice required by this lease shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: General Manager Mendocino Solid Waste Management Authority 101 W. Church Street, #9 P.O. Box 123 Ukiah, CA 95482 TO LESSOR: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Any party hereto may give notice of an address change under the provisions of this paragraph and therafter all notices shall be given to that address. All other terms and conditions of the AGREEMENT shall remain in force, This Amendment is entered on the date first written above. CITY OF UKIAH (LESSOR) By: Mayor Al-rEST: City Clerk MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY By: Chairman 4 UKIAH AVIATION SERVICES LP PRESENTATION TO UKIAH CITY COUNCIL 2 ROWS 50 X 50 HANGARS NORTH FACING VIEW SOUTH FACING VIEW WITH COMPLETE TAXIWAY EACH HANGAR WILL HAVE ITS OWN METER ELECTRICAL POWER AND TELEPHONE SERVICE EACH HANGAR ROW WILL HAVE THIS FIRE SPRINKLER SYSTEM MONITORED BY LOCAL ALARM COMPANY FIRE SPRINKLER IS DESIGNED TO MEET LOCAL AND FAA FIRE SUPRESSION REQUIREMENTS THE CENTRAL ALARM MONITOR SYSTEM ADA COMPLIANT UNISEX BATHROOM TITLE 28 WILL BE PROVIDED IN THE FIRST HANGAR ROW INSIDE VIEW OF BATHROOM INSIDE VIEW OF BATHROOM INSIDE VIEW OF BATHROOM 50 X 50 HANGAR IS ABLE TO ACCOMMODATE BOTH SINGLE AND LARGE TWIN ENGINE AIRCRAFT ROOF STRUCTURE, SKY LIGHT PANEL, AND FIRE SPRINKLER SYSTEM UKIAH AVIATION SERVICES LP List of Local contractors and Suppliers that will have the opportunity to bid: A. Earthwork and Asphalt 1. Pamum Paving Inc 4201 No. State St. Ukiah, CA 95482 707-485-7626 2. Valley Paving 2601 Road E. Redwood Valley, CA 95485 707-485-7505 3. Medocino Construction Services 500 Cropley Lane Willits, CA 707-459-2377 4. RB Peters Construction P.O. Box 277 Lakeport, CA 95453 707-263-3678 5. O'Byrant Construction Dominican Place Ukiah, CA 95482 707-462-0416 B. Concrete Pad and Foundation 1. Sack Concrete Construction 1320 Chateau Place Ukiah, CA 95482 707-462-0575 2. Pamum Redi-Mix 900 Talmadge Rd Ukiah, CA 95482 707-462-5251 3. Reliable Mill Supply 1550 Milliview Rd Ukiah, CA 95482 707-462-1458 C. Metal Building and Erection 1. Nunno Corporation P.O. Box 368 Paso Robles, CA 93447 805-238-6801 D. Engineering 1. Rau and Associates 100 No. Pine Ave Ukiah, CA 95482 707-462-6536 2. Civil Design Consultants Inc. 2200 Range Ave Ste. 204 Santa Rosa, CA 707-542-4820 3. Shutt & Moen Associates 707 Aviation Blvd. Santa Rosa, CA 95403 707-526-5010 E. Plumbing 1. West Construction Services 2. Pace Supply Co. 707-462-8707 F. Sheet Rock/FRD and Insulation 1. West Construction Services G. Electrical and Telephone 1. Knights Electrical Windsor, CA 707-433-6931 H. Fire Sprinkler 1. Aquamatic Fire Protection Inc 2169 Harbor Street Pittsburg, CA 94565 925-753-0420 I. Banking-Checking Account and Mortgage Loan 1. Savings Bank of Mendocino County Marty Lombardi-Vice President 707-462-6613 ITEM NO. 8c DATE' March 1, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF GROUND LEASE WITH UKIAH AVIATION SERVICES LP FOR A PORTION OF THE UKIAH REGIONAL AIRPORT Staff has been approached by Mr. Gregg Taylor of Ukiah Aviation Services, a limited partnership, with a proposal for the development of the recently acquired 1.9 acre parcel located adjacent to the south access road across from Oak Valley Nursery and previously identified as the Ryan property. The property was purchased for future hanger development which is consistent with Mr. Taylor's proposal. Should the Council approve the proposed lease, the project will proceed to the County Planning Commission for development review. Because the property is actually located outside the City limits, the County of Mendocino will have jurisdiction over the permitting process. The proposed lease includes the full 1.9 acre parcel and provides for the development of sixteen personal or corporate aircraft hangers. Mr. Taylor would also be responsible for paving all access areas around the hangers and expanding the adjacent taxiway, in addition to landscaping and other necessary infrastructure improvements. He has also agreed to construct new public restrooms which would replace the existing non-conforming facilities currently serving the south airport area. Continued on Page ? RECOMMENDED ACTION: Approve ground lease with Ukiah Aviation Services for a portion of the Ukiah Regional Airport. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires further consideration and remand to staff with direction. 2. Determine approval of lease is inappropriate at this time and do not move to approve. Citizen Advised: Yes Requested by: Ukiah Aviation Services Prepared by: Larry W. DeKnoblough, Community Services Director/L~ Coordinated with: Candace Horsley, City Manager Michael Flad, Assistant City Manager Don Bua, Airport Manager Attachments: 1. Proposed Lease Candace Horsley, City-~anager LD4 TAYLOR.ASR The terms and conditions of the lease include a 40 year term during which time Mr. Taylor will own and operate the hangers for rent. Rent to the airport will be paid in the form of ground rent and a percentage of the revenue collected by the hanger rentals. Ground rent is calculated at the rate of $.02 per square foot for the 41,250 square feet of building area equaling a monthly value of $825. An annual escalator clause is also included based upon the Consumer Price Index, not to exceed 5% in any one year. All improvements revert to City ownership upon termination of the lease. As a comparison, recent leases approved by the Council have been valued at $.03 per square foot, however, these projects were either existing hangers or located on developed airport locations with minimum improvements required. Mr. Taylor's project will include the paving and landscaping of approximately 50,000 square feet of circulation area around the proposed hangers as well as extending the taxiway to the 155 foot frontage of the property. In addition, the Airport will receive new restroom facilities which will benefit the existing surrounding tenants. Due to the significant cost of these improvements and their immediate benefit to the Airport, as well as receiving a percentage of the monthly revenues, staff believes an initial rate of $.02 per square foot is appropriate. The percentage rent, based upon hanger rentals, is calculated at 5% of the gross revenue received by Mr. Taylor for rental of the hanger's once they have been constructed. He has estimated the rent to be initially established at $650 per month for 16 hangers. Should all the hangers be rented at this rate, the revenue received by the Airport would be an additional $520 per month. This is an optimum revenue figure, actual revenues will depend upon the occupancy rate. As the Council will recall this property was purchased through a FAA reimbursement grant for the purpose of additional airport development and aircraft storage. Currently the Ukiah Airport possesses no available storage facilities which serve the long term storage needs for higher end aircraft owners. While some increase in Airport occupancy is anticipated, actual traffic increases should be minimal due to the long term nature of the storage being proposed and the fact that Mr. Taylor has identified out of the area aircraft owners as a target market for tenancy. These larger facilities will allow many of our current tenants to upgrade their hanger occupancy and subsequently provide opportunities for individuals currently on the waiting list or utilizing exterior tie downs to move into the smaller hangers vacated by individuals upgrading. The project proposal has been reviewed and unanimously approved by both the Airport Commission and Airport Commission Land Use Subcommittee. Staff believes the proposed lease, including the extensive improvements to the Airport which will be completed by the tennant, is consistent with the lease values elsewhere on the Airport. It will also provide a timely opportunity to accomplish the appropriate development of a portion of the Airport which was purchased for and is ideally suited to this type of project. For these reasons staff is recommending approval of the proposed lease with Ukiah Aviation Services for approximately 1.9 acres of the Ukiah Regional Airport. LEASE AGREEMENT This Lease, made this day of March, 2000, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and ukiah Aviation Services LP, a for profit company, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code Sections 37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. 1. LEASE. LEASE AGREEMENT The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor 41,250 square feet of that certain parcel of property commonly referred to as "Ukiah Regional Airport, located at 1411 South State Street, City of Ukiah, Mendocino County, and more specifically described on the attached "Exhibit A" together with a right of access thereto. Lessee's purpose in leasing the premises is to construct and rent sixteen aircraft storage hangers and associated improvements as shown in Exhibit "C" of this Agreement. 2. TERM. The term of this Lease is for a period of forty (40) years commencing upon the date whereupon Lessee satisfies the following conditions: 2.1. Lessee obtaining all necessary site development and building permits. 2.2. Lessee has one hundred and twenty (180) days from the date of the City Council's adoption of this agreement to satisfy condition 2.1. -1- 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $825 per month for 41,250 square feet of improved building area. Lessor further agrees to pay an additional 5% of all gross revenue generated by Lessee resulting from the rental of hanger improvements completed on property as identified in Exhibit "C" of this lease. At the commencement of the second year and each subsequent year thereafter the rent for leased property shall increase by the percentage change in the Consumer Price Index (CPI) during the preceding calender year (January to December) but not to exceed 5%. CPI means the index for all urban consumers (1982-1984 = 100), U.S. City average, all items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between the City and Lessee. The rent shall be due by the fifth day of each month and shall be considered delinquent, if not received by the Lessor's finance department by the tenth day of the month. Lessee shall pay Lessor interest on delinquent rent at the rate of 1.5% per month. The full monthly interest shall be due on the first day of each thirty day period after the rent becomes delinquent. 3.1. Lessee shall also pay any real property, possessory interest or personal property taxes, and assessments imposed on the leased premises, property located on or affixed to the lease premises or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of the lease. 4.1. Lessee agrees that the leased premises shall exclusively be used for aviation purposes only. -2- 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Lessee shall prepare plans and specifications for said improvements including landscaping of the leased property and obtain approval prior to work on the leased premises. 4.3. Lessee agrees to keep the premises and all improvements in good repair and order, and to bear the full cost for maintenance of all improvements. 4.4. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 4.5. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.6. Lessee shall not only use or permit the leased premises to be used in full compliance with all applicable City, state or federal rules, regulations, statutes or ordinances. 4.7. Lessee shall not do or permit to be done on the Premises, nor bring or keep or permit to be brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law, ordinance or governmental rule, or (b) which is prohibited by the standard form of fire insurance policy or, (c) which will increase the existing rate of or affect fire or other insurance on the Building or its contents or cause a cancellation of any insurance policy covering the Building or any part of it or its contents. Lessee shall not use or store in the Premises any hazardous or toxic substances, with the sole exception of reasonably necessary substances that are kept in reasonably necessary quantities for normal business operations, provided that their use and storage are in accordance with applicable laws. Lessee shall not use or allow the Premises to be used for any unlawful purposes, nor shall Lessee cause, maintain, or permit any nuisance or waste on or about the Premises. -3- 4.8. Lessee shall be responsible for landscaping or landscape maintenance of the leased premises, and shall maintain the exterior of the improvements and the landscaping in a neat, weed free and healthy condition, in accordance with the approved plans. 4.8. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein without the prior written consent of Lessor. The City Manager may consent to an assignment of the Lease on behalf of Lessor, if the assignment is to a lending institution and necessary for the Lessee to finance the construction of Lessor approved improvements on the leased premises. The City Manager may agree to commercially reasonable terms and conditions in connection with an assignment required for financing purposes. The City Council must approve all other assignments. Lessor shall not withhold approval unreasonably of Lessee's request to assign this Lease. Any assignee must meet all criteria duly adopted by Lessor for leasing said property for airport related uses and the assignment of the Lease must be consistent with the Airport Master Plan, adopted by Lessor. If any assignment occurs in violation of this paragraph, Lessor may terminate this Lease and recover possession of the leased premises, including any improvements located on the leased premises which, under the terms of this Lease, become the Lessor's property upon termination of the Lease. "Assignment" includes both voluntary assignments and assignments that occur involuntarily or by operation of law. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and -4- its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3. Lessee shall maintain property loss insurance to protect against fire and other hazards with policy limits equal to the full replacement cost of the improvements. The insurer and coverage must be approved by Lessor. In the event of damage to any improvements on the leased premises, Lessor shall rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform Code standards. The reconstruction required herein shall commence within ninety (90) days after the receipt of insurance funds paid for the purpose of reconstruction, and shall be pursued diligently to completion. 7. DEFAULT AND TERMINATION. 7.1. Events of Default. The following events shall constitute events of default under this Lease (each an "Event of Default"): (a) A default by Lessee in the payment when due of any rent or other sum payable under this Lease and the continuation of this default for fourteen (14) or more days after notice of default from Lessor; (b) A default by Lessee in the performance of any of the terms, covenants, agreements, or conditions in this Lease, other than a default by Lessee in the payment when due of any rent or other sum payable under this Lease, and the continuation of the default beyond ten (10) days after notice by Lessor or, if the default is curable and would require more than ten (10) days to remedy, beyond the time reasonably necessary for cure; -5- (c) The bankruptcy or insolvency of Lessee, a transfer by Lessee in fraud of creditors, an assigmnent by Lessee for the benefit of creditors, or the commencement of proceedings of any kind by or against Lessee under the Federal Bankruptcy Act or under any other insolvency, bankruptcy, or reorganization; (d) The appointment of a receiver for a substantial part of Lessee's assets; (e) The abandonment of the Premises; and (f) The levy upon this Lease or any estate of Lessee under this Lease by attachment or execution and the failure to have the attachment or execution vacated within thirty (3 0) days. 7.2 Termination upon Default. On occurrence of any Event of Default by lessee, Lessor may, in addition to any other rights and remedies given here or by law, terminate this Lease and exercise remedies relating to it without further notice or demand in accordance with the following provisions: (a) So long as the Event of Default remains uncured, Lessor shall have the right to give notice of termination to Lessee, and on the date specified in this notice, this Lease shall terminate. (b) If this Lease is terminated, Lessor may, by judicial process, reenter the Premises, remove all persons and property, and repossess and enjoy the Premises, all without prejudice to other remedies that Lessor may have because of Lessee's default or the termination. (c) If this Lease is terminated, Lessor shall have all of the rights and remedies of a landlord provided by Civil Code § 1951.2, in addition to any other rights and remedies Lessor may have. The damages which lessor may recover shall include, without limitation, (i) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of the rental loss that Lessee proves could have been reasonably avoided; (iii) the worth at the time of award computed by discounting the -6- amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%) of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; (iv) all reasonable costs incurred by Lessor in restoring the Premises to good order and condition to relet the Premises; and (vi) all reasonable costs, including without limitation, any brokerage commission incurred by lessor in reletting the Premises. 7.3 Continuation after Default. Even though Lessee has breached this lease and abandoned the Premises, this Lease shall continue in effect for so long as Lessor does not terminate Lessee's right to possession, and Lessor may enforce all rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease. Acts of maintenance or preservation, efforts to relet the Premises, or the appointment of a receiver upon initiative of Lessor to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to possession. 7.4 Other Relief. The remedies provided in this Lease are in addition to any other remedies available to Lessor at law, by statue, or otherwise. 7.5 Right of Lessor to Cure Defaults. Agreements and provisions to be performed by Lessee under this Lease shall be at Lessee's sole cost and without abatement of rental, except as specifically provided in this Lease. If Lessee (a) fails to pay any sum of money, other than rental, required under this Lease, or (b) fails to perform any other act under this Lease, and this failure continues for ten (10) days at, er notice of the failure by Lessor, or a longer period as may be allowed under this Lease, Lessor may, without waiving or releasing Lessee from any obligations of Lessee, make payment or perform other acts required by this lease on Lessee's behalf. All sums paid by lessor and all necessary incidental costs shall be payable to Lessor on demand and shall constitute additional rental under this Lease. -7- 8. ATTORNEY'S FEES. In the event of any legal action arising out of this Lease, the prevailing party shall recover its attorney's fees and costs resulting from such action. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: Ukiah Aviation Services LP P.O. Box 271 Ukiah, CA 95482 TO CITY; City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. RECORDING AND BINDING EFFECT This Lease may be recorded and shall be binding upon and inure to the benefit of any successor to or purchaser of either party's interest. 13. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. -8- 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 15. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH By: ATTEST: Lessee Marie Ulvilla, City Clerk By: Id/agreements Taylor. agr -9- i I I Exhibit "B" II.I:.;UJ(AHCF~ I{Ir,(~UII(F:HEHTS FOIl I.,ESSI.r,F,'J (NO AUTO RISKS} l.t::;:;c,: silaii l>roctJt'c' ~sJIcl ~s~ai[~taill fut' tl~u durat_io~i of the co~l. ract '1'1~: ccJ:;L el' ::t.~c:l~ il~stJt';j~ce sls;tl.l bc2 bor~e b:/ tl~e L. essee. C;uvc, ral;e :;li;tll be at least ;is broad am: J., I~sut'a~ce Services Office .Co~n,~erdal Get,at'al Liability coverage ("occut'~'u~cu' [ot'~ CU OOOl}. 2. [./ot'lcet'~;' Cus~i>~ai~st~tios~ il~sut';~nce as r[~clUit-ed bS' tl~a Sc;~te of Ca~fot-nia 15~sl~lo),et-'~; I.ial~illty insut'a~ice (for lessdes witl~ employees). 3. I'~'{.,l~crty i~:;t~t':~{:s2 alf, ai~.~t ell t'islcs of loss to any terra,it i~nl, rOvei~e~ts of .. ldi~li~um Li~nits or' ll~surance .. I.e. .... ~; sll,.nll m;lirltai~l ljiidts no las:; [llaIl: .I. (j~lel';ii l~i;.ll~iiity: $1,000,{'100 pet' occ~lrrence [of bodily injury, personal. i,,.it,,'y :,,,d i~).'ol)ct'tY d;i~li;ll" Il' Coi,lllurcial Galler;.ll Liability Illsurai~ca or :sl.;I..:t'U.l',~tc life,it :;l]all ;il)plYsup;~t'a(aly to tliis l~t-ojact/locaOo~l I,,Ciic~';~l ;~1[I.5~'~i.[;l[l~ Ii,nit :;liall l.)u twice tlse required occurre~ce lis~it. 2. I:~l~ll,l~.~3'~":; l.J:~bi.lil, y' SJ.,OOU,I)()() per ;~ccSclei~t 3. I'rul.,erty l~ssut':~psce: F'ull t-el,lace~s~e~t cost witl~ i~t-uvisio~. ,, ,. IJeductil~les ,nd Sel[-l~lsured iletetltJun:; ^~ly ~.l~(JtJc:l. il~J~::.; ut' .,t.l[ j~sured r(:te~ltJolis ~.]:;~ l)a declarecl Lo and approved by lilt cily. A[ ti~,~ oi,tiu~ of' tl~a C. lty eitl~e~;: tl~e irlsut'~t' sllall t-educe or t:Ht.:l~ declt~ctiljlus o~' sel[-i~l:;urud retes~tJo~s as respects tiaa City, its C~[IIJci;IIS, el,Sl)lt~yees ~sicl volunteers; or ella Lessee shall provide a [ina~:cial . i~vt~stig:sl, iu~.s, clai~ acl~il~istt'atiun a~d cle[ense expenses , Other /~sut-~cu I'vovjsions 'l'l~e Ben,et'al l]~b-ility policy Is Lo contain, or be endorsed to contain, the i~t'uvJnJt~s: J. 'l'i}g gl{y, 11.:; c~[l'icers, of[icial.~, eU~l'~loyees and volunteers ar~ to be covet'ed :~:; i~;urctl:; witl~ respect to ].ialjility arising out of ownersl~il~, ~nai~itena~ce ur ts:;u o1' ti~;st I~art of tl~e i->ru~,ises leased to tl~e lessee. 2. 'i'l~e l..c:;:;c*~':; i~st~t':.~t~t:t~ cov~aral5e :;l~aH be pri~nary is~sut'ance as respects tile City, iL:; officer's, ol'lici:jls, e~ployues a~id volunteers. A~y ~,~. suli'.-is~:;~'a~lcn ~ais~tai~led by tile City, its officers, officials, e~nlgloye~es ut' vulu~tuuvs sl~all be excuse uf tl~e Lessee's j~sut'a~ce a}~d sliitli cu~stribute witl~ I,~,rn,,cc IIc,l,lrcm,}!tt~ in Co,tract:~ :J. I.'7;~c1~ i~:;,t~t-a~ce policy requirecl I)y tltis clause shaJl l)e e~clot':;e(l to state tl~:~t coveral.,,e :;1~!1 not 1Je czal~ceJecl, excul)t at'tat' tl~it-ty (30) days' l>t'iof c.L . t.ified ~ai], rel. urs~ receipt t-t::clt~ei:tetl, l~as beel~ t;ives~ ACCel?tabilit): or' I~suret's I~$uras~ce is to be placed witli insurers x~itl~ a current A.~.i. Best's rating c.f no Veritric;~tio~ or' Coverag_e. : Le.s:;ee sl~all lt~ruisl~ tl~e City ~viCl~ original certil'Jcates :~nd asnendatory e~(l~r~e~,e~(~; ~[[ecting covet'~l:~ ~'ecluired by tl~is clause. 'rl~e ~;l~c~t~Jcl be ~'~l~f~)~'l~s l~ruvicled by l.l~e City of on otl~er titan tl~e City's form:;, i)rovicled tl~ose es~dorseme~ts of i)oUcies confor~n to the c~'~[icat~ ;~cl e~ldorse~nent:~ are to be receivecl and apl)rOved by tiaa C~ty bc~[o~'~ wot'lc (:(')~l~e~(:e~q. 'l'l~e City reserves tl~e rigi~t to requi~'e complete, cr~'titi~rcl cc;i~i~2:; of ;~11 retlt~ired il'~surance policies, indudi~g ell~:c~.is~t; tl~u covet'age required by tl~ese specifications at any ti~e. -, ,. ,, .. .. :! EXHIBIT "C" - Construction Exhibits Tenant will construct the following improvements: A. Plans and City's Approval. Tenant shall obtain written approval of all plans for buildings, grading, paving, drainage, utilities, landscaping, or other improvements by the director before construction may be commenced. All construction of improvements must conform with the approved plans and shall be constructed or installed in accordance with all applicable statues, ordinances, building codes, and rules and regulations of city, and other authority that may have jurisdiction over the premises and Tenant's operations, including, but not limited to the Fire and Paramedic District or the Federal Aviation Administration. Tenant is solely responsible for determining and obtaining all necessary permits and approvals, and for paying any and all fees required, for the construction. The director's approval of Tenant's plans and specifications does not constitute a representation or warranty as to its conformity. B. Construction Schedule. Tenant must begin the construction of the improvements within 12 months after the commencement date of the lease, and shall complete the construction within 24 months from the commencement date for each Phase. C. Delay of Construction. Upon Tenant's written request to the director, the dates in this section may be extended by written approval of the director. This may include time lost as a result of work stoppages, strikes, shortages of material, or acts of God, provided the time lost is entirely beyond Tenant's control. The rent must be paid during any delay. D. Inspection and Acceptance. Tenant shall obtain building permits and approvals required. All improvements including, but not limited to, buildings, site preparation, sub-grade preparation, paving, drainage, and overall development of the premises, shall be subject to inspection, testing, and acceptance in accordance with applicable law. E. Engineering. Tenant must set the necessary boundary stakes on the premises and shall provide any surveys required for the design of the area paving. The director must furnish Tenant with control information required for ground and pavement elevations, specifications for earthwork, pavement, and drainage. Any material deviation from the approved plans and specification must have prior approval by the director and any required governmental agency. F. Utilities. Upon the prior written approval by the director, Tenant must install other utilities on the premises at its own cost and expense, including all connection, inspection, and service fees. All utilities must be installed underground, unless agreed to in writing by the director and waived by the planning commission. The City may negotiate with Tenant for the oversizing or extension of utilities to serve other parcels. G. Paving and Concrete. Tenant must construct the pavement for the aircraft movement areas and the concrete hangar floors to accommodate the heaviest aircraft expected to operate in the area, or fully loaded fuel trucks, whichever is of greater weight, with a minimum expected pavement life of no less than 20 years. Any roadway access must be in accordance with city standards for comparable construction. H. Notice of Non-Responsibility. City intends to post and to record a notice of city non-responsibility within 3 days of execution of this agreement. A copy of the notice shall be retained by the director following recordation at the City Recorder's Office. I. Finish Site Grading. Tenant shall perform, at Tenant's expense, all finish grading of the premises. City will furnish, if available, native material. J. Frontage Clearances. Tenant must construct the improvements so that all frontages and clearance of the improvements are in compliance with city standards and so they do not encroach upon the building restriction line shown on the ALP. K. Construction of Public Restrooms. Tenant shall at its sole expense construct publicly accessible restrooms in a location to be approved by the Director AGENDA SUMMARY ITEM NO. 8d DATE: March 1, 2000 REPORT SUBJECT: APPROVAL OF LOCAL AREA NETWORK (LAN) AND WIDE AREA NETWORK (WAN) INFRASTRUCTURE PROPOSALS AND BUDGET AMENDMENT FOR THE FY 99~2000 The Citywide Hardware/Technology Needs Assessment and Plan as proposed by technology consultant Brian Morgan of Integrated Technology Partners Inc. and accepted by the City Council on November 3, 1999 called for the creation of Local Area Networks (LANs) in all City locations and the connection of those LANs to each other and the Internet (Wide Area Network [WAN]). The primary goals to be achieved with installation and implementation of the LANs and WAN are: A. To make available quicker and more convenient access to resources necessary for staff to provide quality service to the citizens of Ukiah. B. To allow City staff the opportunity to communicate and share information on the same level as outside businesses, individuals, and other government agencies. C. To provide the necessary tools for potential increases to personal productivity. D. To create a stable, secure, common network infrastructure designed for long term usage. (Continued on Page 2) RECOMMENDED ACTIONS: 1) Approve the LAN/WAN network infrastructure proposals as presented and authorize the City Manager to execute the agreement between the City of Ukiah and Pacific Bell for the ATM Cell Relay Services Proposal; 2) Approve the amendment to the 1999/2000 budget authorizing a transfer from the General Fund #100 (100.283.698) to the Asset Replacement Reserve Fund #698 (698.281.100) of $66,354, and increasing accounts 698.1965.800.000 by $66,354, 100.1965.220.000 by $12,099, and 678.2040.800.000 by $8,040 respectively. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny the LAN/WAN network infrastructure proposals as presented, reject requested budget transfer and amendments, and offer staff specific direction for proceeding or not proceeding with the networking infrastructure plan identified in the Citywide Hardware/Technology Needs Assessment and Plan. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Paulette Klingbeil, MIS Coordinator Paulette Klingbeil, MIS Coordinator and Gordon Elton, Director of Finance Candace Horsley, City Manager; Sgt. Chris Dewey. 1. Proposal received from Pacific Bell. 2. Cost breakdown spreadsheet. 3. Budget Amendment worksheets. APPROVED: Cand~ce Horsier,, City M~)nager Creating LANs at all City locations and a citywide WAN including connection to the Internet require several pieces of networking technology to come together simultaneously, much like fitting together the pieces of a puzzle. There are hardware, software, security, connectivity, and configuration components, for both LAN and WAN creation, to be considered at all locations. Those locations are: a.) Civic Center; b.) Conference Center; c.) Airport; d.) Corporation Yard; e.) Waste Water Treatment Facility; f.) Water Treatment Facility; g.) Golf Course Pro-Shop; h.) Parks/Golf Operations Office. WAN Creation: The largest piece of the City's networking infrastructure is going to be the creation of the Wide Area Network. The Citywide Hardware/Technology Needs Assessment and Plan recommended the City implement an Asynchronous Transfer Mode (ATM) network. An ATM network is a universally accepted method of transferring voice, data, image, text, and video in an integrated manner over existing copper or fiber wire. In attempting to secure a source for these services it was determined by staff that there is not a choice to be made in Ukiah. Pacific Bell is the only direct source for these services in the Ukiah area at this time. Attached you will find an ATM Cell Relay Service Proposal from Pacific Bell. It is important to note that due to the City's decision to participate in the State of California CalNet contract for our telecommunications services, the proposal before you is based on the cost of services and equipment as listed under the CalNet contract, which are considerably discounted. The total "one time" cost for this proposal is $58,110, with recurring monthly costs of $4,033 ($26.89/mo. per computer connection) for DSL service and E-mail account hosting. The recurring monthly costs for the current fiscal year ($12,099) will be expensed from the Information Technology Department operating budget. A maintenance cost of $7,150, included in the one time cost, has the potential to recur annually, depending on staff evaluation of the benefit of services provided. Also included in the one time cost is $8,040 for the purchase of a specialized firewall for network security to meet specific requirements for the Public Safety operations. Staff has reviewed the ATM Cell Relay Service Proposal by Pacific Bell and believes it will provide the City with a WAN solution that meets all of the City's needs for secure, reliable connectivity between all remote City locations and the Civic Center, with Internet access from all locations. LAN Creation (sites other than the Civic Center)' The smaller pieces of the City's networking infrastructure will be the creation of individual LANs at all remote locations and consolidation of the two existing LANs in the Civic Center. To accomplish the task of creating the individual LANs staff issued several Requests for Proposals (RFP) for hardware and software. Staff has evaluated the RFP responses and has utilized them as the basis for the recommended LAN creation. Staff intends to install and configure the remote LAN's using existing City staff. Category 5 networking cable will be installed from each of the computers in a remote location to a hub and the hub will in turn be connected to a router provided in the Pacific Bell proposal referred to above. The router will then provide the necessary connection of the LAN to the WAN. LAN Consolidation (Civic Center)' The consolidation of the two existing LANs in the Civic Center is going to require a fiber optic connection joining the two computing sides of the Civic Center together at hubs specifically configured with fiber optic ports. The fiber optic connection is necessary due to the distance Page 2 between the existing Administrative Wing computer room and the Public Safety computer room. All of the computers currently networked in the Administrative Wing of the Civic Center will be reconfigured and re-addressed so as to be recognized on the new consolidated network. Connectivity with the remote locations through the WAN will occur through a router as proposed in the Pacific Bell ATM Cell Relay Services Proposal. The total "one time" cost for the creation of LANs is $16,284. No recurring costs associated with this piece of the network infrastructure have been identified at this time. A spreadsheet summarizing all of the specific costs involved with this project is attached. The costs involved with the creation of the LANs are shown in black and the costs involved with the creation of the WAN are shown in blue. None of the costs shown on this spreadsheet were items budgeted in the FY 1999/2000 budget. It is necessary, therefore, to request a budget transfer from the General Fund to the Asset Replacement Reserve - Fund #698 (698.1965.800.000) in the amount of $66,354. Additionally, budget adjustments in the amount of $12,099 to account 100.1965.220.000 and $8,040 to account 678.2040.800.000 are requested. The City is truly at a crossroads with regards to technology and communications. The implementation of the WAN ATM Cell Relay Services Proposal provided by Pacific Bell in conjunction with the creation of LANs in all City locations will move the City to a stable and secure network infrastructure with potential for long term rewards. Page 3 PA¢IFIC~ BELL~, Network IntegratiOn City of Ukiah ATM Cell Relay Service Proposal FEB 3 2000 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Paulette Thank you for giving Pacific Bell the opportunity to partner with City of Ukiah in bringing an ATM solution to you. Pacific Bell's ATM Network offers City of Ukiah a flexible, scalable, survivable solution that will meet your data needs today and can easily grow to meet the expanding data communications requirements of tomorrow. The Pacific Bell team of technical and applications experts offers a solution that fully complies with your requirements and brings these extra advantages to help you achieve the full potential of your city-wide network: · A single point of contact to implement, manage, and maintain all your network and communications equipment and services. · A team involved in your own community who understands the technology concerns of administrators in general and the communications needs of the City of Ukiah in particular. · The financial stability to support your long-term telecommunications needs. This proposal describes how our solution meets your need for a City-wide communications network. It also demonstrates our commitment to providing powerful and appropriate solutions for City of Ukiah. In the immediate pages that follow, we describe your needs and our products and services that best meet those needs. I want to add my personal commitment to ensure you receive the best service possible. I will contact you in the next few days to answer any questions and discuss together how best to proceed with this project. Sincerely, Carl Tarrant Senior Account Manager City of Ukiah Executive Overview For today's city administration specialists, technology can deliver unprecedented support for city management. Internet usage in business administration is growing exponentially. Research, training and other applications cause the requirements for bandwidth to continually increase. Consequently, there's an explosive demand for higher speed networks to address real-time record transfers, LAN interconnections, Intemet access, distance learning, and multimedia presentations and Enterprise server applications. The administrative networks of the City today must be robust enough to handle today's traffic requirements and flexible enough to meet the ever-changing needs of tomorrow. ATM: The Network for Today and Tomorrow Pacific Bell's ATM Cell Relay Service--based on technical standards accepted around the world--puts the network of the future to work for you today. It delivers these significant advantages: Cl Superior performance in transporting and switching high-bandwidth applicationswincluding real-time multimedia and video over the same advanced network. Cost savings in consolidating separate networks and applications onto a common infrastructure designed for the long term. Flexibility in establishing new connections without adding equipment or network access links and in tailoring bandwidth to your particular applications. Dependability in leaving network management and maintenance to Pacific Bell. Aggressive Pricing Via the State of California Contract The pricing offered in this proposal is based on a competitively bid state contract recently awarded to Pacific Bell and MCI. It allows the City of Ukiah to use the State's tremendous buying power to reduce overall costs and provides the City of Ukiah with the best overall telecommunications value. Because the State contract contains a piggy- back clause, local government and educational institutions can use it to order products and services, eliminating the need for your own formal bid. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah Pacific Bell Service and Support Implementing Pacific Bell's ATM solution offers your organization the following additional advantages: Incorporates unmatched network survivability, disaster preparedness and recovery. Ensures optimal delivery of services backed by the most comprehensive maintenance and service organizations in the State. Involves the largest and most experienced team of telecommunications professionals in California. · Becomes the backbone for the consolidation of networks and information sharing between the State and the citizens of California. · Provides continual modernization of California's most reliable and robust network infrastructure for the rapid deployment of new technology. · Provides City of Ukiah a single point of contact for all telecommunications services. Our solution provides the City of Ukiah with the best value, most reliable and robust infrastructure available, unmatched feature functionality and unparalleled service survivability. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah Benefits of an ATM Solution ATM offers the ability to deliver guaranteed Quality of Service (QoS), integration of services, interoperability, and end-to-end network scalability to the City of Ukiah. ATM uses fixed-length cells to transmit information. Because of this, delays within the network are minimal and, equally important, predictable. Since cells are associated with a particular connection, the behavior of that connection can be tightly controlled. A specific QoS can be assigned to each one. ATM's ability to specify QoS levels per connection ensures that critical applications get the performance they need. ATM offers several advantages over other transport technologies. It provides: · Bandwidth efficiency by combining short messages with long messages to use every byte in the cell · Scalability, in which different systems such as local area networks, network transport, and communications switches can use the same format · Transparency, which allows you to mix voice, data, and video within the same application · Transmission rates compatible with the applications rather than rates pre- determined by the capacity of network circuits · The ability to reconfigure a network to meet time-of-day or bandwidth requirements · Simpler interconnection between local area network traffic and wide area network transport. Meets the Need for Increased Bandwidth The demand for access to greater bandwidth results from a confluence of trends that have a multiplier effect when combined. Simply stated, (faster desktops) x (richer applications) x (more users) x (client/server design) = exponentially higher demand for bandwidth and connectivity in both LANs and WANs. This accelerated demand for bandwidth will soon exceed the capability of City of Ukiah's current network architecture. As City of Ukiah looks to redesign its network infrastructure to meet this growing demand, several things should be considered. A successful network design that meets the demand for higher bandwidth must include two essential attributes. First, they must be able to deliver speeds of 100 Mbps to 155 Restricted - Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah Mbps (SONET OC-3) in both the LAN and WAN, and they must scale to support 622 Mbps connections in the future. The designed network must also be flexible and scalable enough to allow for the addition of paths throughout the network without diluting the bandwidth that has already been installed and should allow for the addition of nodes and/or sites with minimal disruption or dilution of service. Pacific Bell has a scaleable ATM network that supports the addition of new sites and bandwidth growth. It will meet your current requirements and allow for growth in years to come. Flexible Connectivity and Interoperability In addition to the demand for increased bandwidth, users also need to connect with other users, servers, and hosts across a wider domain than ever before. Users access resources installed in disparate local systems, such as Ethernet, FDDI, and ATM and traverse a variety of wide-area hops served by leased circuits, Frame Relay, ATM, Integrated Services Digital Network (ISDN), X.25 and most recently ADSL. The ability to traverse these domains with no visible user impact is essential. Frame ATM Interworking The proposed ATM network has the capability of delivering Frame Relay services to the City of Ukiah in an ATM format using Frame Relay/ATM Interworking. The City of Ukiah may wish, for example, to build an "extranet" with other institutions or business locations, such as the local County Offices or State enterprises, that currently use Frame Relay in their networks. Or, the City of Ukiah may wish to provide service to a location that does not currently have high speed network requirements. Service interworking allows City of Ukiah to have a network combining both Frame Relay and ATM Services. Best of all, we can provide this service free of charge! Asymmetric Digital Subscriber Line (ADSL) Pacific Bell's DSL offering uses Asymmetrical Digital Subscriber Line (ADSL) technology to provide high speed, non-switched, digital data transport over existing Plain Ordinary Telephone Service (POTS) copper twisted-pair local loop. This technology provides the City of Ukiah with an excellent opportunity to replace existing ISDN lines with ADSL lines which are free of unpredictable usage charges. ADSL can also benefit some of your staff and administrators who work from home in the evenings and weekends. This cost-effective service enables the City of Ukiah to provide video services, distance learning, and distance training, over this new proposed network. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah Benefits of using DSL service to the City of Ukiah include: High speeds - Up to 1.544 mbps downstream, and 384 kbps upstream data speeds means faster downloads of large files and graphics. · Dedicated connectivity - DSL is always connected so your users won't have to wait for their computer to dial into the network. · Security - There is more network security, because DSL service is a dedicated connection, and users cannot just dial in for access. · Flat rated - ADSL is always connected for one flat fee. The ATM Cell Relay network serves to transport Asymmetric Digital Subscriber Line (ADSL) service from the end user to the City of Ukiah network. Quality of Service and Time-Sensitive Traffic One of the most significant capabilities of ATM service is the ability for customers to select between various classes of service for each application. Hence, voice, data and video applications can be simultaneously supported over a ATM access line by assigning a Quality of Service (QoS) Class to each application. The QoS assures that the characteristics of the individual traffic types are preserved across the wide area network, which may be comprised of one or more ATM switches and carrier networks. Networks capable of delivering selectable QoS assign higher priority to time-sensitive applications, guaranteeing high performance levels for them, while the less time- sensitive 'traffic uses the remaining variable bandwidth. For users, selectable QoS enables multimedia applications to be predictable and run faster, and for network managers it provides significantly better bandwidth utilization. Pacific Bell's ATM supports three QoS service classes, they are: · Constant Bit Rate (CBR) · Variable Bit Rate (VBR) · Unspecified Bit Rate (UBR) An example of a CBR application is voice or video. Full motion video, for example, is intolerant of variation in the delay between ATM cells traversing the network. Too much delay will result in a video transmission that would appear to the end user as jerky (i.e., jitter). Examples of applications which fit VBR QoS are bursty data applications, such as LAN traffic, file transfer, host backup, or email. VBR QoS is not significantly impacted by Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah cell delay, however, these applications are impacted by the amount of bandwidth available for transmission. VBR applications all require a minimum Sustained Cell Rate (SCR) for satisfactory performance, but are able to utilize the spare bandwidth available on an ATM access line which might be reserved for CBR applications. The ability to use this spare bandwidth is defined as the ability to "burst. UBR service is often described as a "best effort" class of service. UBR Class of Service applications are data applications with the most tolerance for delay and/or those that are the lowest priority, such as Internet traffic. The customer can have their higher priority data applications utilize a VBR class of service, while their lower priority data applications use a UBR class of service. Flexibility to Support Diverse Applications Pacific Bell's proposed ATM solution also provides the greatest flexibility and use convenience for new applications like voice, video, and web hosting. Changes in local government needs that we don't even know about today will be introduced in the coming months and years. The network we propose is flexible enough to meet the City of Ukiah's needs today and into the future. ATM's ability to economically combine all types of traffic onto a single piece of equipment and a single transport path makes a range of new services possible, such as the following: Pacific Bell Internet Services Internet usage is growing exponentially. Research, training, administration and other applications cause the requirements for bandwidth to continually increase. Pacific Bell Intemet Services can provide City of Ukiah with high speed Internet access at affordable prices. The proposed Pacific Bell ATM cell relay network will provide City of Ukiah with enough capacity to provide the needed bandwidth for your employees. Pacific Bell Intemet (PBI) with ATM access offers speeds from 3mbps though 40mbps. Video & Voice Services Distance learning applications have been with us for a while, but ATM provides the service at a lower cost, requires less equipment and offers more bandwidth for a higher- quality image. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah Your ATM network can transport video services to any user on your network. These services include the use of video servers or live broadcasts. City of Ukiah will now be able to offer additional tools that provide access to videos and other administrative materials through web-enabled applications. Training can be done remotely. Instead of having all employees travel to a central location, they can view the broadcast from remote locations. If they miss the session, they are able to use the network to view the material at a convenient time. Survivability Pacific Bell implements ATM over a multi-switched network. The key benefit of the Pacific Bell multi-switched ATM network is redundancy. The Pacific Bell ATM network will continue to function even if one switch experiences a failure. Interoffice facilities used in the public ATM network provide fiber and switched redundancy on the current OC48 SONET rings. These rings are composed of two fiber strands connecting one or more Pacific Bell COs with add/drop multiplexing nodes. Each of the two fibers carry one half of the ring's total capacity, plus a protection path of the other fiber's capacity in the opposite direction around the ring. In the event of a fiber cut or node failure anywhere on the IOF ring, service is immediately (within 50 milliseconds (ms) of detection) switched to a "collapsed" ring configuration. This configuration carries the full traffic to all the nodes, thus making the system fully survivable. An End-to-End Solution ATM switching can be used end to end. ATM technology is available for workstation adapters, workgroup switches, and enterprise and carder switches. Thus, as ATM continues to develop, the traditional LAN/ campus/WAN lines blur, with ATM becoming the singular common thread. A Solution for Today and Tomorrow Finally, ATM is a part of the future that's available today. In the world of communications, consensus on any issue is rare. The notable exception is the belief that ATM will indeed be the pervasive networking technology of the 21st century. By implementing ATM switching technology today, corporate networks can begin reaping the benefits of ATM and migrate to ATM smoothly rather than waiting for an expensive, wholesale upgrade in a few short years. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah CITY OF UKIAH WAN AND INTERNET ACCESS City Of UKiah ADSL WAN CIRCUITS Lower speed location (384-1.544 k/128 k Higher speed location 6MB -1.544 MB/384k $36 $198 $119 $198 Total cost for 8 locations lower speed MONTHLY RECURRING INSTALLATION OF CIRCUITS (8) ......... $~88 ...$1584 Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. City of Ukiah 1. Service and. Equipment Installation are free with term commitment. Equipment Installation is for a standard single user installation. 2. One time Equipment charge is for the Alcatel modem only. If necessary, Network Interface Card (NIC) and splitter will be provided at no extra charge. The equipment price will not be reduced if customer already has a NIC or splitter. Customers choosing to purchase a DSL router for multiple users will incur additional charges. Frame WAN Circuits Location that $371 $1199 may ne~ Frame Note that each port comes with one VCC and one VPC at no Charge under the State of California, for an extra VPC and VCC per port VCC VIRTUAL CHANNEL CONNECTION (each additional per port ) VPC VIRTUAL PATH CONNECTION (each additional per port ) $ 5.00 monthly $20.00 monthly Restricted- Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. Internet / Transport Pricing ATM 3 Mg Monthly Cost Transport $2000 Installation Transport $2113 ATM 5 Mg Monthly Cost Transport $2000 Installation Transport $2113 $400 ATM 10 Mb Monthly Cost Transport $2000 Installation Transport $2113 Internet Total $1250 $3250 Internet Total $400 $2513 Internet Total $2000 $4000 Internet Total $2513 Internet Total $3825 $5825 Internet Total $400 $2513 The proposed solution total recurring monthly 1 A TM port / 8 DSL RLAN (384k-1.5k/128 k) , 3 MB Internet , 1 VPC Total monthly :$3543 Installation of Circuits $4097 Rearicted - Proprietary Information. Not for disclosure or reproduction except by written agreement. 10 This ATM port can also be used to point the WAN connections to the Host Location port at no extra · Pricing based on CalNet Contract · Assumes customer will supply router Standard installation interval is 3-4 weeks Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 11 Proposed System 2- Frame relay based system City of Ukiah Proposed Wide Area Network 1 Main Location and 9 Remote Locations Remote Locations f28 K rain or Full Tf f.536 MB TI going to Pacific Bell Internet Ro~er Airport 1411 South State St. R~er Museum 431 South Main St. Parks/Golf Maintenance 503 Park Blvd. Pacific Bell Frame Relay GOff Course Router aty of U~h 300 Seminary Ave. TJ 599 Park Blvd. Router North State Street Fire Station 1800 North State St. Router Ukiah Valley Conference Center 200 South School St. Router Corporate Yard 1320 Airport Rd. Router Water Treatment Facilib/ Waste Water Treatment Facility 935 Well Rd 300 Plant Rd. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 12 Airport $236 $1274 $371 $1199 Parks / Golf $236 $1274 $371 $1199 Golf Course $236 $1274 $371 $1199 Fire Station $236 $1274 $371 $1199 Waste water $236 $1274 $371 $1199 treatment. Museum $236 $1274 $371 $1199 Ukiah Conference $236 $1274 $371 $1199 Center Water Facility $236 $1274 $371 $1199 (935 Well Rd. Corporation $236 $1274 $371 $1199 Location HOST location $236 $1274 $371 $1199 Internet Pricing Frame Relay 1.5 Mg (T1) Monthly Cost Transport Internet Total $371 $324 $721 Installation Transport Internet Total $1199 $400 $1685 · Pricing based on CalNet Contract · Assumes customer will supply router · Standard installation interval is 3-4 weeks Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 13 ,Best to Worst for each network desi.qn: ATM/DS3 w/7-DSL's $36/198ea & 2-FR @128K $236/1274e~ Mo. Install ATM/DS3 3250 2513 DSL 273 1386 FR 472 2548 Total $3995 $6447 ATM/DS3 w/5-DSL's $36/198ea & 4 FR @128K $236/1274ee ATM/DS3 3250 2513 DSL 195 990 FR 946 5096 Total $4389 $8599 ATM/DS3 w/7-DSL's 39/198ea (same as above speed) & 2 FR @ 1.544M $371/1199e~ ATM/DS3 3250 2513 DSL 273 1386 FR 742 2398 Total $4265 $6297 ATMIDS3 wI5-DSL's $361198ea (same as above speed) & 4 FR @ 1.5~.~.M $3711119.ac;- ATM/DS3 3250 2513 DSL 195 990 FR 1484 4796 Total $4929 $8299 Frame Relay/Internet w/1.544M FR at Host & 9-FR @ remotes 128k (.~36/127~=a) FPJINT 720 1599 FR(1.544) 371 1199 FR(128K 236ea 2124 11466 Total $3215 $14264 Restricted- Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. 14 Frame Relay,/Internet wi1.544 FR ~ Host & 9-FR remote 1.5~?. w/CIR 384K $371/1199¢~ FR/INT 720 1599 FR(1.544) 371 1199 FR(1.544- CIR 384K) 3339 10791 Total $4430 $13589 This one should not be considered because 9-CIRs set at 384K = 3'.456M / 2 = 1.728M. Over subscribed. PACIFIC BELL® Internet Services PA CIFIC BELL INTERNET OVER VIEW Pacific Bell Internet (PBI), a wholly owned subsidiary of Pacific Bell, was created in 1995 to provide California customers with reliable, comprehensive, easy-to-use Internet solutions. Leveraging over 20 years of data transport service experience, PBI has the unique advantage of being able to provide its customers with a total communications portfolio including the necessary transport, Internet access, and equipment.. PBI is a large regional network within the Internet. PBI receives its customers' network traffic and delivers it either to the destination address or, as needed, to a Global Service Provider who forwards it onto the ultimate destination. In turn, PBI receives network traffic that is destined for its customers from Global Service Providers and then delivers it to the appropriate location. The PBI network is composed of multiple network hubs connected by a high speed DS3 (45 Mg) and OC3 (155 Mg) backbone network contained within Pacific Bell central office buildings. Each major network hub runs on a FDDI (100 Mbps) ring connecting multiple routers. Customers access the PBI network by connecting to the closest major hub via DS1 (T-I), DS3 (45 Mbps), Frame Relay, or ATM. Each of these major hubs is connected directly to the Internet through an Internet Global Service Provider. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 15 PBI has an interconnection agreement with the IBM Global Network (IGN). IGN has installed high-speed links between their international Internet backbones and the PBI local network, thereby providing our customers with global connectivity to the Intemet. IGN has global peering agreements with other major Internet backbone providers at both public and private peering points, thus ensuring that PBI customers are provided with the most comprehensive, high performance Internet access available on the market today. The IGN network is consistently ranked in the top 10 % of Intemet Service Providers in independent studies. In addition to IGN, PBI has a secondary, or back-up provider that allows us to divert traffic away from IGN in the event of packet loss through their network BENEFITS OF PACIFIC BELL INTERNET Currently, PBI provides customers with dedicated connections to the Intemet through its Dedicated Access service. We also offer analog dial-up access up to 56K and ISDN dial- up access up to 128K. Customer Services includes primary & secondary Domain Name Service (DNS), secondary e-mail spooling, network news feed, online customer profile traffic reportsand customer support for trouble resolution via the PBI 24-hour NetCenter. The NetCenter's highly skilled staff is also responsible for monitoring all customer network connections to our network hubs, the PBI network hubs and backbone network. NetCenter 7x24 IP Network Monitoring and Support Dependable service and customer support Internet Domain Name registration service Secondary Email Server Online Reports (Available shortly) Name registration with the appropriate Internet address/name authorities A backup email and news spooler in case the customer's server goes down · Immediate access to circuit utilization and statistics Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 16 Net News Transfer Protocol (NNTP) Primary Domain Name Service (DNS) Secondary Domain Name Service A single network contact for Internet news feeds Provides host name/IP address resolution Backup DNS in the event the customer's DNS server goes down PA CIFIC BELL INTERNET SER VICE FEATURES Round-the-clock network monitoring and customer sum}or! The PBI Services NetCenter is staffed by a team of engineers 24 hours a day, seven days a week, to provide seamless proactive network monitoring and surveillance of the Network. Using the most sophisticated tools available (SNMP, HP Openview, Cisco Works), the NetCenter finds potential network component and facility issues before becoming customer impacting. All dedicated customers are pinged every 10 minutes to ensure connectivity. In the event there is no response, the NetCenter engineer proactively calls the customer to start resolving the problem. The NetCenter serves as the single point of contact for all reported problems. Calls are logged through engineers and a chronology of events, including time, date and customer information are entered into our customer service database. Primary Domain Name Services {DNS) Domain Name Services (DNS) is a distributed hierarchical system for converting host names into IP addresses and vice versa. Each enterprise that registers an Internet domain name must also provide a name server for the domain. It is recommended they also have a secondary server for backup purposes. We will provide Primary DNS for one or more top-level domains for all hosts on one or more Class C network addresses or on all PBI- assigned network blocks that we have assigned a host name. Pacific Bell Internet Services will not provide Primary DNS to Internet Service Providers (ISPs). Secondary Domain Name Service (DNS) We offer dedicated customers the option of using PBI as a secondary name server. In the event that your primary name server fails, the Pacific Bell Intemet name server can provide the required mapping between host names and IP addresses. Internet Domain Name Registration Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 17 PBI handles the registration of your Internet address and domain name with InterNIC as pan of your PBI service implementation. If you already have a registered domain name, we will notify InterNIC that you have changed Internet Service Providers. IP Address Assignment IP Address Assignment by Pacific Bell Intemet Services depends on a customer's specific circumstances -- whether a customer has no previously assigned Internet Address, a previously assigned Internet Address to be replaced by a PBI-allocated address, or a previously assigned Address to be transferred to PBI. Electronic News Feed An electronic news feed refers to an exchange of information between Usenet news servers. The process of exchanging information between Usenet servers occurs fairly frequently in order that updates and posting to Usenet news groups can be propagated throughout the Internet. E-Mail Electronic mail allows users to send nearly instantaneous messages to recipients on a given computer network. With Pacific Bell Internet Services, you have the ability to send and receive e-mail worldwide. Pacific Bell Internet Services offers its customers limited secondary mail spooling service. This is the safest method of backup mail spooling, especially if server failure is due to a problem at a local site. In the event of a failure at your site, PBI will spool your mail and it will be automatically sent to you when your mail server is back up. Customer Profile Traffic Reports Customer Profile Traffic Reports are on-demand network performance and usage analysis tools that help you monitor and manage you Internet connection effectively. Customer Profile Traffic Reports are a powerful network performance analysis tool that supports quick and efficient collection, storage, and analysis of network statistics. These reports are created by polling any SNMP device in a network, storing the data in a database designed specifically for network data and displaying the results using a multitude of pre- formatted reports. These reports provide the capability to easily monitor and make necessary adjustments to your service in anticipation of growth or changes in your business needs. In the near future, customers will be able to go online to get statistics on their Internet circuit, including availability and utilization. Packaeed Services Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 18 The Internet Access Pack from Pacific Bell Internet Services is a Dedicated Access package that provides customers with the tools to maximize on-line communications, including high-speed Internet access, reliable service, a Cisco router or Whistle InterJet, and on-site installation and maintenance. The Internet Access Pack Includes: · FasTrak Frame Relay or TI high-speed Internet access · Network equipment from leading manufacturers, including a Whistle Interjet 200 or Cisco 2524 router with integrated SNMP-manageable CSU/DSU · Comprehensive installation, configuration, and maintenance services · Flexible network management capabilities · Optional ISDN (BRI) module DEDICA TED ACCESS OPTIONS Pacific Bell offers dedicated Internet connectivity through many transport options including point-to-point T1 and DS3, Frame Relay, and ATM. Your Pacific Bell Internet Account Manager will discuss your options fully to determine which transport option best suits your organization's needs. Frame Relay Frame Relay Frame Relay Frame Relay DS 1 (Point to Point TI) Fractional DS3 Fractional DS3 Fractional DS3 Fractional DS3 Fractional DS3 DS3 ATM or High-Speed Frame Relay ATM or High-Speed Frame Relay ATM or High-Speed Frame Relay ATM or High Speed Frame Relay ATM or High Speed Frame Relay 56K 128K 384K 1.5 Mg 1.54 3 Mg 5 Mg 10 Mg 15 Mg 20 Mg 45 Mg 3 Mg 5 Mg 10 Mg 15 Mg 2O Mg Restricted- Proprietary Information. Not for disclosure or reproduction except by wdtten agreement. 19 ATM or High Speed Frame Relay Burstable DS3 40/37 Mg 1-45 Mg DEDICA TED ACCESS ORDERING AND TIMELINES PBI provides the very best service through its dedicated service team approach. The dedicated service team is available to dedicated access customers throughout the service installation process. Each installation is assigned a dedicated service coordinator who is responsible for ensuring that the customer's service is installed as requested and on time. The service coordinator is also available to answer any service-related questions during the implementation process. Each installation is also assigned a dedicated service engineer who is responsible for configuration of PBI hardware and software that will enable the customer to become part of PBI. The service engineer is available to answer any technical questions the customer may have regarding their upcoming service. If your site's Domain Name Service is not functioning at the time of the Service Activation appointment, but your site passes the Internet service installation verification tests, billing for the service will commence. If you are changing Internet Service Providers, we recommend that you do not discontinue your current service until your site has passed the Internet service installation verification tests. Please notify the dedicated service engineer during service activation that you have an existing Internet connection. Security Monitorine Pacific Bell Internet maintains router configurations using a centralized database to assure that routers are properly and consistently configured, thereby minimizing the possibility of inadvertent security weaknesses caused by inconsistent router configurations. Pacific Bell Intemet maintains a program of high system security for all server based systems including electronic mail, net-news, domain name servers, network time servers, web servers and the like. We understand that Internet Service Providers are priority targets for many highly active "hackers" on the Internet and are committed to assuring that they cannot penetrate Pacific Bell network systems. The Pacific Bell Intemet staff has an action plan that is implemented in the event of a security breach on any PBI system. This plan rapidly isolates the affected system and restores it to a known, secure condition before bringing it back online. In some instances, we may allow the intrusion to continue while we work with law enforcement officials operating in their capacity for investigating criminal activity. Any such continuance that definitely affects customer security requires notification to the affected customers. Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 20 Pacific Bell Internet has traffic monitoring equipment that can be installed in POPs to reactively collect detailed packet traces to determine the source of attacks. Pacific Bell Internet has stated customer policies that allow us to block or terminate service in the event of unlawful or inappropriate behavior by any of our customers. We also work closely with other Internet Service Providers in the joint pursuit of cross-provider attacks. Physical Security PBI uses Points of Presence provided by other Pacific Bell subsidiaries located in the Pacific Bell Central Office facilities. These structures are built to stringent requirements to withstand floods, fires, and earthquakes. Each PBI POP is located in a data center environment with tight physical security. No customer-owned equipment is located in these POPs. Only Pacific Bell and Pacific Bell subsidiary equipment is located in these facilities and only Pacific Bell employees and their directly supervised contractors may access these locations. PBI NETWORK CAPA CITY PLANNING Pacific Bell capacity planning is based on continuous traffic measurement and analysis of all network links and shared media. Our goal is to set capacity thresholds sufficiently low so that additional capacity can be installed before the network becomes chronically overloaded. Our backbones are maintained at least one technology step ahead of customer premise technology. As more customers connect at DS-3 speeds, our backbone will be upgraded to OC-3. As customers demand OC-3 connections, we expect to begin installing OC-12 trunks. Our capacity design threshold calls for any link operating at 60% capacity over 3% of the time to be upgraded. Another technique that we are actively pursuing is web caching and replication using HTTP 1.1. Web caching not only reduces backbone load, it improves response time dramatically for the end user and for the web site. Thank you for your consideration of Pacific Bell Internet Services. Your Pacific Bell account team looks forward to working with you to provide a cost-effective solution to your networking and Internet needs. For more information about our services please call me or visit our web site at http://www.pacbell.net. Charlie Thompson Internet Sales Manager Pacific Bell Internet (916) 446-8825/(888) 843-4467 cthompson @ pbi. net Restricted- Proprietary Information. Not for disclosure or reproduction except by written agreement. 21 'd 'dddddd ~ 88888888~© D88~ c0 a~ aD aD 8o8.8888888 8888 8o~888888~ · .~ 888°°°°8oooo 888~ oooooooo ~ 888 888 888 'C '- ._ 00-- Price Quotation Subject to engineering peview and change. PIX-515R Firewall PACIFIC BELL NETWORK INTEGRATION Bill Of Materials Customer Name: City of Ukiah Address: Date: 2/21/00 Contact: UNIT DISC EXT DISC. Location Vendor EQ Number DESCRIPTION QTY PRICE EXT PRICE PRICE PRICE Library Public Interne Cisco PIX-515 PIX Firewal1515R Bundle (Bundle includ~s I $7,495 $7,495 $7,495 $7,495 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) Access 101021-10-RJ45 Crossover Ethernet Cable 10 Feet 1 Graphics $0 $0 $0 $0 Access NW5LG-14 Ethernet Patch Cable Graphics 2 $0 $0 $0 $0 Configuration of PIX 515R Bundle Pricing PB NI TECH-ASSIST PBNI Technical Assistance 7X24 Help Desk Support Router & T1 Circuit (SPOC) Annual Bundle Pricing Included CVSI Onsite Maintenance 24x7 On site 7x24 for PIX-515R Bundle Pricing Included Inch THESE PRICES FOR PRODUCTS AND SERVICES ARE VALID FOR ~30 DAYS FROM THE DATE POSTED ABOVE. Note: P~icing for this PIX515R Bundle is a bundled ptYce. Any deviation from the product bundle will cause ptYcing to significantly increase for this Firewall Bundle. Fax Copy of Purchase Order To: Mark Charles (916) 483-9127 Send Original Purchase Order To: Pacific Bel~ Network Integration 6375 Clark Ave. Dublin, CA. 94568 Atten: Raj Shah Infrastructure Cost Breakdown Item Description ' " _, '0,~ Tlrr~ F~ ...... Reourrina" -- Network Operating System Software: Windows NT Server 4.0 Licenses (2) $ 800.00 Windows NT Server 4.0 Media (1) $ 31.00 Windows NT Se .rver.4.0 Docs (1) $ 27.00 -- Total Network Operating System Software: $ 858.00 Anti-Virus Software: Norton AntiVirus Enterprise Soluti°n 4.0(50) $ i ,525..00 Total Anti-Virus Software: $ 1,525.00 ,, , -- Production Software: PowerPoint 2000 Licenses (15) $ 2,250.00 PowerPoint 2(X)O Media (1) $ 23.00 ' ' PowerPoint 2000 Docs (1) $ 15.00 Access 2(X)0 Licenses (5) . $ 750.00 . . Access 2000 Media (1) $ 23.00 Access 2000 Docs (1) $ 15.00 .... Total Production Software: $ 3~076.00 Network LAN Hardware, Civic Center: Intel Express 330T 24-port Hubs (3) $ 2 055.00 Intel Express 330T .16-port Hub (1) $ 475.00 Intel Express 300 Hub Fiber Module (1) $ 900.00 ' Inte! Express 300 Hub Mgmt. Module (1) $ 495.00 -- Fiber Optic Cable & Installation $ . . ,'6 000.00 Total Network LAN Hardware, Civic Center: $ g~g25.00 Network W-AN Hardware, 'Civic Center: Cl~co 7206 Router $ 3,650.00 Ciaco 7200 I/O Controller w/Fast Eth. Port $ 1.,850.00 Cieco 7200 I/O PCMCIA Fiaeh Memory 16Mb $ 295.00 Cisco 7200 Network Processing Engine, 4Mb $ 4,750.00 Cieco 7200 NPE 64MB DDRAM . . $. . 440.00 1-Port ATM DS3 Pat Adapter $ 5,850.00 Auxiliary/Conm3le Port Cable.Kit $ 75.00 Cat 5 Patch Cable $ 45.00 Total-----'~etwork WAN Hardware 'Civic Center: ,. $ .... 16,955.00 Network wAN Firewall, Civic Center: CieC°.7206 'Ftrewall ' . $ 3,810.00 Cim:x) 7206 Firewall Liconee $ 3,810.00 PiX Firewat1515R Bundle-Police Dept. $, 8~040.00 .... Total Network.WAN Firewall, Civic Center: $ 15~660.00 - Network WAN Hardware, Remote Locations: Cisco 1417/EthernetJADSL WAN Routers (7) $ 4,340.00 ~ 1400 Series IC~ IP $ 1,025.00 ~ Cat 5 Patch Cables $ 80.00 , , Cat 5 Cable & Hubs .. $ 900.00 -- ....Total Network WAN Hardware, Remote Locations: .. $ 6~345.00 - 'Network WAN Hardware Installati°n & Maintenance citY:Wide: InstailaUon $ 8,500.00 . , Maintenance $ 7~150.00 .... .., Total Netv~rk WAN Hrdvw Install & Maint. City-Wide: $ 157650.00 NetWOrk WAN'& lnternet Carrier Charges: ' - Installation Of CimuRe .... $ 4,400.00 1 ATM/8 DSL w/3MS Intarnet, 1VPC ' $ 3~543.00 Total Network WAN & Internet Carrier Charge~' $ 4~400.00 $ 3,543.00 City-Wide e-mail hosting services: $ 490.00 Bam~J on approx. 200 e-mail aocount~ Total City-Wide e-mail hosting services; $ 490.00 _., Grand Total Charges I.. $ , , 7.4,~394.00,, . $ .., .... 4,033.00' j , *****This is a'0ne year fee for maintenance and has. potential to .recur in subsequent yea..rs, however, staff will ,,, ,evp, luate ,the, beneffi: of services received in direc,t relation !o cost to determine if renewall ,is appropriate, ' 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 durin.q 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 3/1/00 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 Internet access & security hardware DSL telephone service for email/internet access 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 $ 100.1965.220.000 $ 645,339 (48,996) (7,0oo) (130,696) (35,850) (1,762) (82) (3,648) (8,251) (1,204) (726) (37,900) (3,000) (17,700) (1,225) (10,000) (5,000) (1,450) (66,354) (12,099) Revised Budgeted Ending Fund Balance 6/30/2000 $ 1,105,095 Reserv00 2/25/00 Page 1 Funds 100; 110; 115; 130; 131 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 (38O,OOO) (245,000) (20,000) 389,182 Adjustments made durinq the fiscal year: Date 'Approved 7/1/99 7/1/99 1 O/6/99 1/19/00 1/19/00 2/16/00 2/16/OO 3/1/00 3/1/00 Change in beginning fund balance per audit Encumbrances from prior year Fire training tower project costs Transfer from General Fund for AS400 purchase Reduce proceeds from borrowing Bureau of Justice Assistance grant Purchase of body armor Transfer from Gen. Fund for internet & security hardware Purchase of internet & security hardware Account No. 698.275.XXX $ 698.2XXX.XXX.XX $ 698.2101.800.000 $ 698.281.100 $ 698.0900.970.000 $ 698.0600.488.000 $ 698.2001.800.000 $ 698.281.100 $ 698.1965.800.000 $ 170,215 (110,776) (4,737) 13O,696 (130,696) 3,000 (7,252) 66,354 (66,354) Revised ending fund balance 6/30/2000 $ 439,632 Reserv00 2/24/00 Page 1 'Z.o~ ~ Funds 696; 697; 698 DISPATCH - FUND #678 Bud.qeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/2000 $ 57,005 $ 405,519 $ - $ (407,3941 $ 55,130 Adiustments made durinq the fiscal year' Date Approved 7/1/99 Change in beginning fund balance per audit 7/1/99 Encumbrances from prior year 2/16/00 Police MOU 2/16/00 Revenue from Police 2/16/00 Revenue from Fire 3/1/00 Firewall for connecting to City-wide network Account No. $ (5,631) 678.XXXX.XXX.X $ (18) 678.2001 .Prsnl $ (8,251) 678.0800.688.100 $ 4,126 678.0800.688.100 $ 4,125 678.2040.800.000 $ (8,040) Revised ending fund balance 6/30/2000 $ 41,441 Reserv00 2/24/00 Page 1 Funds 678; 680 (J Z 0 (J 0 ~ 0 U 0 Q Q 0 ~U ~ ~ U 0 o m o o ~._ U U ~ 0 0 · BI III - 0 L. 0 ~ o U Z 0 n3 ~ U E ~ o{-' LL .E: .0_ r0 !-- ~ o (~ -,--' 0 0 n3 ~ ~ ~- : < < U Z 0 ~ U 0 En × * E u 0 × I",, ¢',,I 0 0 0 " o U ~n o (1) C~ ~ U - ,_=, uc~O ~u o ~._cc ~~ ~ uu m mO ~ E ~ C~ 0(i) 0~:~ ,.,, o =m B ~¢ '° m ~ ~ ~ >'-'a >'"'"' ~° ..,.-, m - L., (!~ .ru-o ,'u ~ c-a'- ~' ~'~ '-'" -'--' ~ f~ E (i~OE;} ::~ C~ C U · · · · · · Z U t/3 o 0 {- ~- ~-Z 0 IOl~- c~ 0 U ITEM NO. 8e DATE: MARCH 1, 2000 SUBJECT: AGENDA SUMMARY REPORT APPROVAL OF AGREEMENT FOR SUBDIVISION IMPROVEMENTS FOR MINOR SUBDIVISION NO. 99-18 Pursuant to Section 66462 of the Subdivision Map Act and City of Ukiah Policy Resolution No. 4, the Subdivider has elected to enter into an Agreement for Subdivision Improvements which will require and guarantee the construction of the conditioned and required public improvements. Submitted for the City Council's approval is an Agreement for Subdivision Improvements for the School of Performing Arts and Cultural Education (S.P.A.C.E.), Minor Subdivision, MS 99-18, executed by the Subdivider. Submitted with the Agreement is a security (Letter of Credit) guaranteeing the faithful performance, and the payment of materials and labor related to the construction of public improvements. The security has been reviewed by the City Attorney and is acceptable as to form. The Agreement for Subdivision Improvements requires the Subdivider to complete the required public improvements on Parcel One with one year from the date the Parcel Map is approved by the City Engineer, and the required public improvements on Parcel Two within one year from the date of the Occupancy Permit related to Site Development Permit No. 99-45, or immediately upon revocation of the Site Development Permit. The Parcel Map has been inspected and approved by the City Engineer. No easements or parcels in fee are being offered for public use or benefit in the Parcel Map, therefore, no action by the City Council is necessary regarding approval of the Parcel Map. RECOMMENDED ACTION: Approve the Agreement for Subdivision Improvements with Contract Security and Certificates of Insurance, and authorize the Mayor to execute the Agreement on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine Agreement is to be modified, identify changes, and approve revised agreement. Citizen Advised: Subdivider. Requested by: Otto Bertolero, Interim Director of Public Works/City Engineer~/~.~ Prepared by: Cathy McKeon, Senior Civil Engineer Coordinated with: Candace Horsley, City Manager Rick Seanor, Deputy Director of Public Works Otto Bertolero, Interim Director of Public Works/City Engineer 1. Agreement for Subdivision Improvements 2. Irrevocable Letter of Credit No. 000421R, dated February 18, 2000 Attachments: APPROVED: Candace Ho'r~,l;Y~ C~j'~anager R:I~W AMS99-18 AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Ukiah, California, hereinafter referred to as "City", and School of Performing Arts and Cultural Education, hereinafter referred to as "Subdivider", both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a final subdivision map (hereinafter called "Map") entitled "Parcel Map of Minor Subdivision 99-18". The Map has been filed with the City Clerk of City for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; Subdivider has requested approval of the Map prior to the construction and completion of improvements, including all streets, highways or public utility facilities which are a part of, or appurtenant to the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with and as required by the Minor Subdivision Conditions of Approval and specifications for all or any of said improvements in, appurtenant to, or outside the limits of the subdivision, which Minor Subdivision Conditions of Approval and specifications are now on file in the office of the City Engineer of the City; City Council on the day of , adopted Resolution No. Approving Map. on condition that Subdivider first enters into and executes this agreement with the City and meets the requirements of said resolution; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Chapter 1 of Division 9, Ukiah City Code. NOW THEREFORE, for and in consideration of the approval of the Map and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said code, the parties agree as follows: 1. PERFORMANCE OF WORK. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense in a good and workmanlike manner and furnish all required material, all under the direction and to the satisfaction of the City Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 1 of 12 TT/q£ t-i K/T *J Engineer of City, all of the following work and improvements within (and/or without) the Subdivision, to wit: PARCEL ONE A. All damaged curb, gutter, and sidewalk along the Perkins Street frontage of this parcel shall be replaced to the approval of the City Engineer. Exact locations of the public improvements to be replaced shall be determined in the field at the time the Encroachment Permit application is reviewed and approved. Bi Provide one street tree along the frontage of Perkins Street and two street trees along the frontage of Dora Street. Trees, which shall be either Pistache or Raywood Ash species, shall be located behind the sidewalk and planted in conformance with City Standard Plan Drawing Nos. 601 and 602. Where trees are planted within the public right-of-way, a formal agreement, prepared by the Subdivider and reviewed and approved by the City of Ukiah, shall be prepared and executed to require the property owner and successive owners to maintain or replace the street trees. This formal agreement shall be executed prior to the expiration of this agreement. PARCEL TWO A. All damaged curb, gutter, and sidewalk along the Perkins Street frontage of this parcel shall be replaced to the approval of the City Engineer. Exact locations of the public improvements to be replaced shall be determined in the field at the time the Encroachment Permit application is reviewed and approved. a. Provide two street trees along the frontage of Perkins Street. Trees, which shall be either Pistache or Raywood Ash species, shall be located behind the sidewalk and planted in conformance with City Standard Plan Drawing Nos. 601 and 602. Where trees are planted within the public right-of-way, a formal agreement, prepared by the Subdivider and reviewed and approved by the City of Ukiah, .shall be prepared and executed to require the property owner and successive owners to maintain or replace the street trees. This formal agreement shall be executed prior to the expiration of this agreement. Remove abandoned driveway along Standley Street frontage and replace with standard curb, gutter, and sidewalk with encroachment permit. The estimated total cost for said improvements of $8,920 as described in the document entitled "Cost Estimate for Improvements, Minor Subdivision 99-18", a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. The Subdivider shall also do all work and furnish all the materials necessary in the opinion of the City Engineer, and on his order to complete the improvements in accordance with the plans, specifications and Conditions of Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 2 of 12 Approval on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER. All of said work is to be done at the places, of the materials, in the manner and at the grades, as required by the Conditions of Approval and the city standards therefor heretofore approved by City Engineer and which are now on file in his office and to the satisfaction of said City Engineer. 3. WORK: TIME FOR PERFORMANCE. Subdivider agrees to complete such work on Parcel One on or before expiration of one year from the date that the Parcel Map was approved and recorded by the City Engineer and to complete such work on Parcel Two within one year from the date of the approval of the Occupancy Permit or immediately upon revocation of the Site Development Permit No. 99-45. At least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof so that City Engineer shall be able to provide services of inspection. 4. TIME OF ESSENCE - EXTENSION. Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the City Manager may extend the time for completion of the improvements hereunder. If Subdivider has secured its performance with a Letter of Credit, the City shall not extend the time for performance unless the expiration of the Letter of Credit is extended by the same amount of time. Any such' extension may be granted without notice to the Subdivider's surety and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. REPAIRS AND REPLACEMENTS. Subdivider shall replace, or have replaced, or repair, or have repaired as the case may be, all pipes and monuments shown on the Map which may have been destroyed or damaged and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political and subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 3 of 1:2 ,, repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. PERMITS: COMPLIANCE WITH LAW. Subdivider shall,, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 1 ag sa SUPERINTENDENCE BY SUBDIVIDER. Subdivider shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress with authority to act for Subdivider. INSPECTION BY CITY. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. CONTRACT SECURITY. Concurrently with the execution hereof, Subdivider shall furnish improvement security consisting of one or more of the following: (1) a cash deposit or deposits made with the City, (2) a bond or bonds by one or more duly authorized corporate sureties or (3) an instrument or instruments of credits from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. Said improvement security shall be in the amounts and for the following purposes: (a) an amount equal to or at least one hundred (100%) percent of the total estimated cost of the improvement conditioned upon the faithful performance of this agreement and (b) an additional amount equal to not less than fifty (50%) of the total estimated cost of the improvement securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement. Any reductions authorized to be made in the amount of the improvement security shall be effected by a refund from any cash deposits made or a partial release of any surety bond or instrument of credit. If Subdivider deposits a cash security with City, it shall have no obligation to account to Subdivider for interest on said deposit from the date of deposit until said security is expended or returned to Subdivider. City shall have no obligation to record the Map unless or until Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 4 of 1:2 Subdivider has executed this Agreement and furnished' contract security as required by this Agreement. 10. RELEASE OF SECURITY. Reductions in the faithful performance improvement security may be made in such amounts as in the opinion of the City Engineer and the City Manager will equal not more than ninety (90%) percent of the estimated cost of improvements then satisfactorily completed. Said reductions shall be authorized upon the filing with the City Clerk of a written certification by the City Engineer and the City Manager that the work covered thereby has been satisfactorily completed and stating the amount of the reduction authorized. The balance of said improvement security shall be released after one (1) year following the acceptance of such improvements by City provided that Subdivider has fully complied with all conditions of this agreement including Section 14 thereof; provided, labor and material security may be released six (6) months after acceptance of work. 11. HOLD-HARMLESS AGREEMENT. Subdivider hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death as well as from claims for property damage which may arise from Subdivider's or Subdivider's contractors, subcontractors, agents or employees operations under this agreement whether such operations be by Subdivider or by any Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any Subdivider's contractors or subcontractors. Subdivider agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused by reason of any of the aforesaid operations; provided as follows: a. That City does not and shall not waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement because of the acceptance by City or the deposit with City by Subdivider or any of the insurance policies described in Section 12 hereof. bo That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of any of the aforesaid operations referred to in this paragraph regardless of whether or not City has prepared, supplied or approved of plans and/or specifications for the subdivision or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 5 of 12 12. SUBDIVIDER'S INSURANCE. Subdivider, or its Contractor, shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Subdivider, his agents, representatives, employees or subcontractors. Coverage shall commence and Subdivider shall provide to the City satisfactory evidence of said coverage prior to performing any work under this agreement. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). . Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if Subdivider, or its Contractor, has employees who will directly or indirectly provide service or support Subdivider, or its Contractor, in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCE Subdivider, or its Contractor, shall maintain limits no less than: o General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Worker's Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 6 of 12 Dm C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Subdivider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provision: 1. General Liability and Automobile Liability Coverages ao The City, its officers, officials, employees and volunteers are to be covered as insureds as respects 1) liability arising out of activities performed by or on behalf of the Subdivider, 2)products and completed operations of the Subdivider, 3) premises owned, occupied or used by the Subdivider, or 4) automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The Subdivider's, or its Contractor's, insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Subdivider's, or its Contractor's, insurance and shall not contribute with it. Co Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Subdivider's, or its Contractor's, insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employer's Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees or volunteers for losses arising from work performed by the Subdivider, or its Contractor, for the City. Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 7 of 12 13. 14. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after-thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE Subdivider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's worker's compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. SUBCONTRACTORS Subdivider shall include contractual liability in its coverage of all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each such contractor or subcontractor. All coverages for contractors or subcontractors shall be subject to all of the requirements stated herein. TITLE TO IMPROVEMENTS. Title to and ownership of all improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City, free of all liens, claims or other encumbrances. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK. If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City repair or replace or reconstruct any defective or Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 8 of 12 otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may at its option make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. 15. SUBDIVIDER NOT AGENT OF CITY. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with performance of Subdivider's obligations under this agreement. 16. COST OF ENGINEERING AND INSPECTION. Subdivider shall pay City for all engineering, inspection, and other services furnished by City in connection with the subdivision. Where fees are established for such engineering, inspection or other services by ordinance or regulation of City, Subdivider shall pay on the basis of those established fees. Where no fees are established Subdivider shall pay the actual cost to City. City shall furnish statements of all charges for services performed by City and Subdivider shall complete payment of such charges within ten (10) days to take over the performance of the contract and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and in such event City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 17. NOTICES. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Engineer City of Ukiah 300 Seminary Avenue Ukiah, California 95482-5400 Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 9 of 12 Notices required to be given to Subdivider shall be addressed as follows: School of Performing Arts and Cultural Education 508 West Perkins Street Ukiah, California 95482 Notices required to be given surety of Subdivider shall be addressed as follows: Savings Bank of Mendocino County 200 N. School Street Ukiah. California 95482 Attn: Martin J. Lombardi Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 10 of 12 DATED AND EFFECTIVE this day of ,2000. CITY OF UKIAH BY MAYOR ATTEST: CITY CLERK Subdivision Agreement, Minor Subdivision 99-18 February 19, 2000 Page 11 of 12 EXHIBIT "A" COST ESTIMATE. FOR IMPROVEMENTS MINOR SUBDIVISION 99-18 UNIT TOTAL ITEM DESCRIPTION QUANTITY COST COST The following items are for Parcel One only: Remove and Replace Damaged 1 Curb, Gutter & Sidewalk on 350 sf $6/sf $ 2,100 Perkins St. Frontage Provide one street tree on 2 Perkins St. frontage and two 3 $150 ea $ 450 street trees on Dora St. frontage TOTAL COST, PARCEL ONE $ 2,550 The following items are for Parcel Two only: Remove and Replace Damaged 3 Curb, Gutter & Sidewalk on 800 sf $6/sf $ 4,800 Perkins St. Frontage Provide two street trees on 4 Perkins St. frontage 2 $150 ea $ 300 Remove abandoned driveway 5 along Standley St. frontage and 1 $1,270 ea $1,270 replace with curb, gutter, and sidewalk TOTAL COST, PARCEL 'I'WO $ 6,370 TOTAL COST OF SUDIVISION IMPROVEMENTS $ 8,920 Subdivision Agreement, Minor Subdivision 99~18 February 19, 2000 Page 12 of 12 CITY OF UKIAH INSTRUMENT OF CREDIT -- FAITHFUL PERFORMANCE MINOR SUBDIVISION No. 99-18 By order of Near and Arnolds School of Performing Arts and Cultural Education, hereinafter referred to as "SUBDIVIDER", from their account, we hereby authorize the City of Ukiah, hereinafter referred to as "CITY", to draw upon us up to the aggregate sum of Thirteen Thousand Three Hundred Eighty Dollars and no/100s ($13,380.00) which sum is herein referred to as "improvement security" and which is payable upon CITY'S drafts, at sight, accompanied by the signed statement of its authorized representative that the amount is required in connection with the SUBDIVIDER'S failure to complete fully the improvements, pay all contractors, sub contractors, suppliers or workers furnishing materials equipment or services or make repairs during the warranty period in connection with the development of Minor Subdivision No. 99-18 in accordance with the Subdivision Improvement Agreement between SUBDIVIDER and CITY. This improvement security is pursuant to and subject to Section 66499 of the Government Code (Subdivision Map Act) of the State of California. Drafts may be drawn and negotiated until such time as CITY accepts the improvements referred to in the aforesaid Subdivision Improvement Agreement. We hereby authorize CITY and SUBDIVIDER to extend the time specified for the completion and acceptance of said improvements, during which extension this instrument of credit shall remain totally valid and effective. All drafts drawn under this credit must bear its date and number, and the amounts must be endorsed on the reverse side of this letter of credit by the negotiating bank. We hereby agree with drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to us. The foregoing sums are trust funds on behalf of CITY and are given for the faithful performance of said Subdivision Improvement Agreement and may be released only upon final completion of the work by SUBDIVIDER and acceptance of the work by CITY. The amount of this letter of credit may be reduced to Eight Hundred and Ninety Two Dollars and no/100s ($892.00) when, in the opinion of the City Engineer and the City Manager, the work has been satisfactorily completed. The reduced instrument shall expire twelve months thereafter or by the expiration date specified in this document, whichever occurs first. Dated: February 18, 2000 Said funds shall not be subject to enforcement of a money judgement by any creditors of the depositor until the obligations secured thereby are performed to the satisfaction of the CITY. Any liability upon this security shall be limited as specified in Government Code Section 66499.9 s^vi os BMYa~in J. 'Lo'~~/~C"mffardi ' Senior Vice President THIS INSTRUMENT EXPIRES: May 31, 2002 Letter of Credit//000421R AGENDA SUMMARY 8f ITEM NO. DATE: March 1. 2000 REPORT SUBJECT: DISCUSSION OF HOMELESS SERVICES PLANNING GROUP AND POSSIBLE GRANT FUNDING OPPORTUNITIES The City was recently requested to join the Mendocino Homeless Services Planning Group (HSPG), a county-wide collaborative with a mission to create an effective continuum of outreach, housing, and support services for the homeless in Mendocino County. Agency representatives in this group include the Department of Social Services, Ukiah Community Center, Ford Street Project, North Coast Opportunities, Community Development Commission, Mental Health Services, Hospitality House, Mendocino County Alcohol and Other Drug Program, Project Sanctuary, Plowshares, and many others. These agencies are not only responsible for providing coordinated services but also have taken direct and effective action steps to combat homelessness in Mendocino County. Representatives from this group worked for many months to site a homeless shelter for the 1999/00 winter season. We became involved in this process in late October and requested to be included in any future planning meetings. The members (Continued on Page 2) RECOMMENDED ACTION: Direct staff to proceed with the CDBG grant application process to assist in funding a Ukiah valley homeless shelter. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Mike Flad, Assistant City Manager Michael Harris, Risk Manager/Budget Officer 1. History of Redevelopment Housing Allocations 2. H,~,~ Strategic plan and action steps '~Sec.^Sa. or, o.a00 Can~Ce Horsley, City ~anager of HSPG felt that the cities would provide an important and integral element to reaching their goals and asked us to join the group to assist in these endeavors. The Ukiah area is very fortunate to house 75% of the established human and social service providers and resources in the entire County. The City of Ukiah and Redevelopment Agency have also been involved for many years in Iow income housing assistance funding, and have contributed over $1 million in the past 10 years to such worthwhile projects as Ford Street Project expansions, Iow-income housing construction, vouchers for emergency homeless housing, and loan programs for emergency homeless prevention. A breakdown of this assistance is detailed in Attachment #1 to this report. There is obviously a great need for shelters within Mendocino County and we feel there are a variety of ways we can partner with other agencies through the HSPG, to further the homeless shelter objectives. Though the County is the only local agency which receives state funding for social services, another possible avenue for funding is the City's potential to tap Community Development Block Grant (CDBG) money. Applications for CDBG General Allocation funding are now being accepted with an April 14, 2000 deadline. The State Department of Housing ~.nd Community Development (HCD) annually announces the availability of CDBG funding for General Allocation programs in April and Economic Development programs in July. When combined, applications for both of these programs cannot exceed $800,000 and individual program applications cannot exceed $500,000 per agency, per year. General Allocation grants can be used to fund a variety of activities, including new housing construction, housing acquisition, housing rehabilitation, community facilities, public works projects, and public services. For the City of Ukiah, the CDBG grant process is a competitive one. HCD evaluates applications based on the following criteria: Poverty index, targeted income group benefit, need for the activity, prior performance on CDBG grants, capacity, leverage, and state objectives. Due to Ukiah's relatively Iow score on the poverty index, a competitive application will require a targeted program. In other words, an application that serves the overall community, i.e., a road, sewer or recreation facility will not be competitive. By targeting the program and application to "persons in poverty," such as homeless individuals and families, an application will be much more competitive. In the case of a homeless shelter, eligible program activities include the acquisition, rehabilitation or new construction of buildings for the use of shelter, health services, training, education, recreation, nutrition, day care and fire protection. If the City Council determined, through the public hearing process, that the acquisition and development of a homeless shelter warranted a CDBG application by the City, staff would need to act immediately in order to secure the necessary commitments from local service providers, research potential shelter sites for purchase, develop a comprehensive application, and perform the mandated public hearings. In speaking with HCD staff, only a collaborative, multi-agency facility will be competitive. The ideal site would not only provide housing, but serve the health, nutrition, educational, and employment needs of this hard to serve population. Again, the total grant amount per year is between $300,000 and $500,000 for the General Allocation program. Two year grant applications are also acceptable which would increase that total to between $600,000 and $500,000 over a two-year period. This could possibly allow for acquisition the first year with rehabilitation of the structure in the next year unless other funding, such as County CDBG allocations, were available. Homelessness is a county-wide issue which must be addressed by all agencies in Mendocino County. This Council has expressed and demonstrated their concern and sense of urgency to help alleviate homelessness in our valley. Staff, therefore, is requesting Council's direction on the issue of pursuing a CDBG grant to assist in funding a homeless shelter in the Ukiah Valley. z ~z 0 0 0 ~-~ .~ .~ a 0 o o o 0 0 cO 0 0 HSPG STRATEGIC PLAN AND ACTIONS STEPS (1999 - 2000) The following list constitutes strategies and action steps the HSPG is pursuing, or planning to pursue, to combat homelessness in Mendocino County I. IMPLEMENT HOMELESS PREVENTION and EDUCATIONAL ACTIVITIES A. Engage in political advocacy to enhance the county safety-net in the context of welfare reform: [] Advocate to MCDSS Job Alliance Program and the Private Industry Council for employment training and life skills training geared to meet the special needs of SHP STEP participants and other homeless people. n Work with the MCDSS Family Centers throughout the county to provide parenting classes and therapy groups for SHP STEP families with children. [] Advocate to MCDSS and the Board of Supervisors for the establishment of a DSS Family Center in Willits that would provide life skills training, and therapy groups to homeless families. [] Advocate for the establishment of a homeless prevention program for County General Assistance and TANF recipients to inClude Tenants' Rights and Responsibilities classes, assistance with credit clean up, and advocacy with local landlords. [] Advocate to the Community Development Commission for the adoption of county preferences more favOrable to the homeless, families with children, and disabled individuals for use in ranking the Section 8 waiting list. B. Establish homeless prevention loan programs countywide, which will include a revolving loan fund, aimed at assisting families and individuals that are at imminent risk. of homelessness. C. Work to educate elected officials, including members of the Board of Supervisors, City Councils, business leaders, and the general public about root causes and locally planned solutions to homelessness in Mendocino County. D. Develop a comprehensive needs assessment, including a reliable count of the number of homeless persons and a strategic five-year plan to address homelessness throughout the county. [] The needs assessment should be used to determine if culturally isolated groups e.g. Latinos and agricultural workers, are experiencing homelessness and how they may be reached and served. II. INCREASE SHELTER AND AFFORDABLE HOUSING OPTIONS FOR COUNTY HOMELESS A. Increase the availability of emergency shelter beds by providing regional emergency shelters countywide. [] Promote partnerships between the county, the county housing authority, the cities, private non-profit organizations, and the faith community to establish and operate regional shelters. Continue seeking emergency shelter funding through applications for the Federal Emergency Shelter Grant (FESG) program, city and county redevelopment funds, Community Development Block Grant (CDBG), private foundations, and advocacy to the County Board of Supervisors. Work to develop safe emergency shelter options with greater sobriety and behavioral tolerance for acutely disabled homeless individuals in Fort Bragg and Ukiah. Work with the County Department of Mental Health Services to explore the feasibility of establishing a Safe Haven emergency shelter for the seriously mentally ill coming from the streets. B. Increase the number of transitional housing units within the continuum of care system to address homelessness. Transitional housing units must be located near supportive services to facilitate progress toward self-sufficiency. C. Work with RCHDC, Habitat for Humanity, the Community Development Commission, the Ford Street Project, and Mental Health Services to place SliP families on waiting lists for permanent housing and permanent supportive housing. D. Continue to support the construction by RCHDC, CDC, and other housing developers, of permanent supportive housing projects for special needs populations, including the aged, and the seriously mentally ill. E. Support and assist CDC in the development of applications for Section 8 rental subsidies targeting the disabled and other high need groups. F. Plan and implement a landlord outreach strategy to educate local landlords regarding the benefits of renting to SliP and S+C participants III. DEVELOP COMPREHENSIVE SERVICES FOR HOMELESS FAMILIES AND DISABLED INDIVDUALS A. Support Ukiah Community Center and the Ford Street Project's endeavors to purchase the two resource center buildings with CDBG and other funds. B. Continue to seek funding and support for the establishment of a resource center for the homeless in Willits. C. Continue working to create physical consolidation of primary services for the homeless in Willits, Ukiah, and Fort Bragg (including hot meals, personal needs, intake and assessment, shelter, and SliP STEP services). u Explore purchasing and rehabilitating motels/hotels in Willits, Fort Bragg, and Ukiah to be used as combination emergency shelter, transitional housing and permanent SRO housing with supportive services provided on-site. D. Increase the availability of comprehensive case management services for all homeless families and individuals. Increase and/or maintain appropriate levels of case management and other supportive services for individuals and families living in transitional and permanent supportive housing. E. Increase services to homeless youth (13 - 18)i.e. long-term shelter coupled with intensive family services designed to reunify youth with their family. F. Develop local resources and infrastructures throughout the county to ensure ongoing homeless services through a strong continuum of care system beyond HUD funding. STRATEGIC PLAN ACCOMPLISHMENTS: 1998--2000 1. Increase Ford Street Project's on-site capacity in Ukiah to 16 emergency shelter beds for singles, 6 detoxification beds, and 6 post-detoxification beds for indigents. (accomplished 1998) 2. Support and assist the CDC in the development of a renewal application for the Shelter Plus Care Program. (accomplished 1998) 3. Establish homeless prevention loan programs countywide (Partially accomplished FlY 99/2000: UCC and Coast Community center have loan programs designed to prevent eviction. UCC is funded through city of Ukiah Redevelopment funds, C.C.C. loan program is funded through County general funds). 4. Increase shelter options for homeless county residents .... Develop safe emergency shelter options with greater sobriety and behavioral tolerance for acutely disabled homeless individuals. (Partially accomplished 1999/2000: Ford Street Project opened a 50-bed winter shelter December 17, 1999 at St. Mary of the Angels Catholic Church in Ukiah. The winter shelter project was funded through $50,000 in County general funds and $2,400 in State special emergency funding for winter shelters. The shelter will close April 1, 2000.) 5. Seek emergency shelter funding through applications to FESG, city and county redevelopment funds, CDBG, and advocacy to BOS. Support UCC and Ford Street's endeavors to purchase the resource center buildings in Ukiah and Fort Bragg. (Partially accomplished 1999: City of Fort Bragg was awarded an FESG grant from the State to assist in funding Hospitality House emergency Shelter and Ford Street's Coast Community Center. City of Ukiah was awarded a CDBG grant on behalf of UCC for purchase of the resource center building in Ukiah). 6. Support and assist Community Development Commission (CDC) in the development of applications for Section 8 rental subsidies targeting special needs groups. (Accomplished 1999/2000: Through two collaborative applications, CDC and the Department of Social Services were awarded 75 section 8 certificates for C.P.S. reunification families with housing problems). AGENDA SUMMARY ITEM NO, 89 DATE: March 1. 2000 REPORT SUBJECT: DISCUSSION OF FINANCIAL TRENDS AS A BUDGET PLANNING TOOL Introductiorl Five years ago, the City experienced a financial crisis. In response, layoffs, furloughs, program cuts, cost of living freezes, deferred maintenance and other measures were implemented. A variety of factors influenced this situation, including the reduction of steady revenue streams due to state takeaways, changes in economic vitality, and the increased costs for providing services. In each of the Budgets since 1995/96, every expenditure has been reevaluated and every increase in program expense has been analyzed for benefit and need. The City of Ukiah has not been alone in this struggle as every agency within the County of Mendocino has experienced drastic changes in funding and ability to provide much needed services. The City does not want to again find itself in a similar situation of taking last-minute desperate measures to balance the budget. Therefore, Staff has prepared a three-year projection of the City's future financial position by extrapolating recent trends in revenues and expenditures. This is presented to Council as a tool in determining priorities for the 2000/01 budget year allowing for appropriate action steps to be taken to prevent a future (Continued on Page 2) RECOMMENDED ACTION' Discuss the information provided in the report, determine how Council will use the data, and direct Staff on additional information needed. ALTERNATIVE COUNCIL POLICY OPTIONS: , Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Gordon Elton, Finance Director Mike Harris, Risk Manager/Budget Officer 1. Financial Data and Graphs 2. List of Departmental Services APPROVED: (, ~'~ ~~ 4/Sec.ASRStrat.300 Candace Horsle~y, Ci~ Manager crisis. Since revenues are, at best, extremely fluid due to the current sources of funding, our greatest area of control will be the expense side of the ledger. Since decisions made now will affect the City's budget into the future, the Council will be able to use this data to make appropriate decisions, necessary changes, and needed program cuts to balance the budget. We will have further discussions on what programs and services Council feels are most necessary and decide which services will be revised, whether expanded or reduced, for the greater public good. Based on these priorities, staff will then have Council direction for future planning and preparation of a balanced Budget. Financial Background During the previous decade, the City's General Fund survived on the strength of cutbacks in expenditures and increases of sales tax revenue mainly due to development of the Redwood Business Park. An important indicator of the need for careful planning in the near future is the recent reduction in the rate of sales tax revenue growth. In the mid 1990's, sales tax revenue growth was as high as 8% per year. Most recently, this has decreased to 3% as the growth of new retail and commercial establishments has slowed. This trend was evidenced in the projected Fiscal Year 1998/99 Budget where annual expenses exceeded revenues. Fortunately, revenues performed better than expected and the expenditures were reduced during the budget year, resulting in a positive balance. The Fiscal Year 1999/00 Budget also is projected to end in a shortfall, and mid-year actuals seem to indicate we are close to projections. If this situation becomes a trend, financial difficulties will recur. Other Factors There are additional factors which we know will be impacting our General Fund in the next three years. The Landfill is slated to close in December 2000. Expenses currently paid by the Landfill include salaries for Garage, Billing, and Public Works staff who all service the Landfill's needs. In addition, the Landfill also provides revenues for the Refuse Debris Control Program and Community Pride Week, which are components of our Recycling Program. Estimates of total impact reach the $300,000 level. Though this total impact is projected in our analysis, staff will be recommending changes in operation and employee levels, which will reduce this amount. Other considerations that may affect the General Fund include legislative action for minimizing or eliminating sales taxes on Internet transactions, implementation of new methods for distributing sales tax between local governments, and potential increases for future services and related expenses without corresponding commitments for increased revenue. Additionally, the Community Policing Grant will expire in the next Fiscal Year. The General Fund is currently covering approximately $100,000 in additional costs for the City's portion of the Grant and if the Council determines to continue the Program, an additional annual cost of $147,000 will be realized. Projection Methodoloav The General Fund receives various fees and taxes from the public. These fees are to pay the cost of providing general government services. General government as used here includes Public Safety, Planning, Engineering, Streets, Community Services, and Administration. Many of the costs for providing these services are fixed costs; not the "accounting" definition of fixed, but fixed for most practical purposes. Employee costs are generally determined as MOUs are approved, and the number of authorized positions is defined. Personnel costs are 77% of the General Fund, with 60% of the entire General Fund expenditures being in the Public Safety Departments. Equipment leases, software license fees, and debt payments become fixed once the Agreements are approved. Costs for equipment and maintenance contracts are also fixed. Even the supplies regularly used are fixed by the practices and procedures developed by operations. Staff has developed a three-year projection using a series of assumptions based on the most recent trends and any additional factors that are known at this time. In addition to the projections, staff has provided the Council a list of General Fund operating Departments and service levels which are currently in effect. These are benchmark service levels which may be used for future budget considerations and decisions. The following is the series of assumptions staff has used in developing the three-year projection: General Fund revenues will continue to increase by an annual rate of 4%, except for property tax revenues which are projected to increase an annual rate of 1% per year Expenses are projected to increase at an annual rate of 5% Each Department will receive the same percentage of General Fund it receives now, except for the 'other factors' as listed above. Staffing levels will remain the same Beginning General Fund Balance will not be applied to revenues, but will be considered an operating reserve Operating cost changes, which may be anticipated but for which we are not able to assign an appropriate value at this time, have not been included in the projections; i.e., anticipated cost of operating the Internet-connected computer network or possible cost savings due to consolidation with the Fire District Property tax revenues are projected to increase at an annual rate of 1% per year As identified previously, the financial projections are driven from assumed annual increases of revenue and expense of 4% and 5% respectively. In addition, various one-time costs in the FY 1999/2000 budget were eliminated or adjusted in the projections for future years. The initial General Fund budget for FY 1999/2000 had a deficit of $388,727. As a result of budget amendments during the year, the deficit has grown to $553,217. This increase of $164,000 is primarily caused by the purchase of a new AS400 computer ($130,000), a new City Clerk's imaging system ($38,000) and MOU increases not in the initial budget. These increased costs were partially offset by revenue increases adopted in the mid-year budget amendment. The full impact of the landfill closure and the completion of the COPS Grant are projected to affect the General Fund in FY 2001/2002. As is mentioned elsewhere in this report, proposals will be developed to offset some of these impacts. This projection however, is developed on the basis that costs for positions involved with landfill management, refuse and debris control costs, and COPS Grant positions will be absorbed by the General Fund. In preparing projections, prior year actual results were also reviewed. Looking for a trend, a pattern of irregularity emerges. The pattern of increasing revenue is occasionally interrupted by a year of lowered revenue. The pattern of increasing expenses is periodically interrupted by a year of reduced expenses. The one thing that is evident from looking at the history of the 90s, is that actual financial results vary from the budget plan and can even vary significantly from the projections made as the year- end approaches. Projections Overall, the projections, for the next three years, present a definite trend of expenses exceeding revenues. If unmodified, this trend would be sufficient to consume the entire fund balance by the end of the third year. Recommendations for revision to various departmental operations which have already been identified as requiring change will be made this year, but the projections will also play an important role in our discourse on advanced planning and to take appropriate action steps in assuring our financial stability. Any discussion of balancing the Budget would not be complete without also discussing possible revenue enhancements. In addition to the considerations of expenditures, we are actively pursuing all grant opportunities and forming partnerships with other groups and agencies to provide services and complete projects that would otherwise not be possible. Several partnerships that are already in existence include the lighting of School Street trees through a partnership with Main Street who provided $8,000 through fund raising, with the City providing the labor at an approximate cost of $12,000. We recently have been contacted by a citizen who has expressed interest in partnering with the City in landscaping our parking lots and is providing the design and fountain for the Parking Lot C landscaped area. The City has received several responses from both Rotary and the School District to assist with watering and caring for the trees that will be placed along State Street. These trees are being purchased through recent MCOG funding allocation. Summary When it comes to government services and programs, there is no status quo. We are constantly in a state of change in response to community needs and requests· Our environment is affected by a wide spectrum of external factors, which greatly determine the City's capacity to provide services to residents. Ranging from decisions made far away in Washington, D.C. and Sacramento to the local decisions of the County Board of Supervisors and the City Council, local services are affected in many ways. The purpose of these projections is to allow additional information to the Council so that at Budget time you may make informed decisions as to the. expansion or reduction of programs, services, and staffing levels. Staff's participation in the discussion and evaluation of various operations will include all General Fund departments. Last budget year, the Fire and Street Departments were prioritized in terms of dollars for additional part time staff and increased street repair· Examples of the types of possible changes in priorities in future years may be mowing the parks once a month instead of once a week, increasing security patrols around park areas and neighborhoods, closing City Hall one day a week, or any other combination of service levels that the Council would consider being acceptable to the community. One common method of controlling expenses is deferring costs until'future years- deferred maintenance. This approach works in the short-run. However, any one year may bring emergency expenses as a result of excess deferral of maintenance expenditures. There are also many ways that we can request and receive information from the community on various issues and priorities. Staff has researched several simple but effective methods of communicating with our citizens to obtain a better understanding of what they feel is important to the community. If the survey topics are of interest to the citizen, they will spend time to complete the form and return their responses to the City. In a recent parking survey, we received over 1,000 returned questionnaires! There are also a variety of forums that can be held to receive feedback from our citizens. Again, if the topics are of interest and we plan an easy ancl comfortable meeting format, people with respond. · Staff is requesting Council to discuss the information provided in this report and use the data as a guideline for this year's budget discussions. z m>.. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v 0 0 0 0 0 0 v 0 0 0 0 v 0 0 o~ o 0 0~ 0 0 0~ 0 0 0 el~qD Jo Wnou~V ~u~qD W ;unmuv e~u~qD W ~uno(uV ~'~u~qD Jo ;unouJv CITY OF UKIAH CITY MANAGER'S OFFICE FINANCIAL TRENDS- LIST OF DEPARTMENTAL SERVICES February 25, 2000 ELECTED AND APPOINTED OFFICIALS: City Clerk Treasurer City Attorney ADMINISTRATION: City Manger Personnel Secretarial Pool Finance COMMUNITY SERVICES: General Government Buildings Parks Recreation Aquatics Sun House/Grace Hudson Museum PLANNING: Community Planning Building PUBLIC WORKS: Engineering/Administration Street Maintenance UTILITIES: Traffic Signals FIRE: Fire Fire Emergency Services Reimbursement Fire Volunteers/Explorers POLICE: Police Abandoned Vehicle Abatement Major Crimes Task Force Police Reserves and Cadets PAGE 1 OF 9 ELECTED AND APPOINTED OFFICIALS CITY CLERK: The City Clerk's Department is comprised of the elected City Clerk who is generally available at the Civic Center during normal working hours, although attendance at meetings and compilation of the Council agenda packet may preclude immediate accessability. General duties include: · attend all City Council meetings, record, and transcribe the minutes · receive claims against the city, process them to REMIF, and provide follow up correspondence to claimant · manage City's records retention program including inventory of all long term storage, maintenance and updating retention schedule, coordinating the destruction of appropriate records, and securing resources for additional storage · maintain records of ordinances, resolutions, leases/contract/agreements, and annual proclamations · provide City information to residents as requested · coordinate all efforts related to City elections · attend seminars and training sessions to stay informed of changes to state and federal election law, records retention methods, and City Clerk responsibilities TREASURER: The Treasurer Department is comprised of the elected Treasurer, who does not maintain regular office hours in the Civic Center. Most of the daily operations related to the Treasurer's duties are fulfilled by the Finance Director. The Treasurer does' · serve as Chairman of the Investment Oversight Committee · reviews the quarterly investment report provided by the City's investment advisor · in conjunction with the City Manager and Finance Director takes action relative to recommendations from the investment advisor · presents an annual report to the City Council CITY ATTORNEY: The legal matters of the City are handled through an annual retainer contract with David Rapport. Additional costs may be incurred due to special legal needs. The City Attorney: · attends all City Council meetings · responds to requests for information, legal opinions, and required research or analysis, from Staff or City Council · attends regular Staff meetings, and other agency meetings as required · meets with Staff, Councilmembers, residents, and other agencies as necessary · serves as City Prosecutor in matters not requiring processing by the District Attorney. ADMINISTRATION CITY MANAGER: The City Manager's office is comprised of four employees: City Manager, Assistant City Manager, Risk Manager/Budget Officer, and Executive Assistant. Civic Center is open 8:00 a.m. to 5:00 p.m. five days a week, Monday through Friday. · Staff is available during these hours to respond to resident questions or requests for information regarding such matters as City Council actions and upcoming agendas, city policies and procedures, employment opportunities, community events and availability of PAGE 2 OF 9 public facilities City records are available for public review City Staff, including the City Manager, are generally available to meet with the public without an appointment, though appointments are more efficient and effective to meet the individuals needs Staff attends all City Council meetings to present reports prepared for specific topics investigate, maintain records, and audit all liability claims, including processing through City Council and coordination with Redwood Empire Municipal Insurance Fund (REMIF) coordinate staff efforts relative to emergency preparedness, including the Emergency Operations Center (EOC), implement Standardized Emergency Management Systems (SEMS), serve as Commissioner on Mendocino Emergency Services Agency (MESA) JPA, prepare City emergency plan, and respond to the Federal Emergency Management Agency (FEMA) relative to cost reimbursements in conjunction with Director of Finance, prepare annual City and Redevelopment Agency budgets assist all departments with budget interpretations and preparation of budget amendments as necessary review all City Council agenda reports and assist City Clerk with the preparation of Council meeting agenda packet monitor Citywide telephone system and coordinate with Siemans and Pacific Bell for necessary repairs/changes coordinate advertising and promotion activities including website, organizational sponsorship of functions, and preparation of City's quarterly newsletter provide information to employees regarding risk management loss control methods/issues administer various state and federal grants such as Community Development Block (CDBG), Federal Emergency Shelter (FESG), Economic Development Block (EDBG), and Planning and Technical Assistance (P/TA) coordinate Ukiah Redevelopment Agency and City Iow and moderate income housing activities, including staff to Low and Moderate Income Housing Advisory Committee, and administration of semi-annual housing allocations coordinate and provide direction to Airport and Conference Center personnel conduct special projects for City Council and provide support to other departments as necessary liaison with outside entities including County of Mendocino and League of California Cities PERSONNEL: The Personnel Department is comprised of the Personnel Officer who is available at Civic Center from 8:00 a.m. to 5:00 p.m. Monday through Friday for personal and telephone contact. Other duties include: maintain, review, and revise City classification and compensation schedules, Personnel Roster, and employee lists as required review and develop position descriptions for new classifications and revise current duties and responsibilities as necessary maintain and update the Employee Manual, personnel policies, and employee evaluation program interpret PERS regulations and work directly with employees regarding retirement questions and application processes oversee benefit administration and implement necessary changes to health, dental, vision, and life insurance programs, and cafeteria plans conduct personnel recruitments in compliance with Civil Service policies, including initial vacancy announcements, interview process, arranging physical examinations for final PAGE 3 OF 9 candidates, and orientation for all new employees implement and oversee compliance with the Family and Medical Leave Act, Department of Transportation Drug and alcohol testing regulations, Injury and Illness Prevention Plan, and SB 198 compliance review progress relative to ADA compliance goals and objectives based upon approved Transition Plan, provide ADA training, and serve as community liaison regarding ADA work directly with the City Manager during collective bargaining negotiations and maintain communications with the unions and associations conduct salary and job description surveys as necessary and respond to surveys conducted by other agencies investigate, maintain records, and audit all worker compensation claims and provide compensation procedure information to employees attend Personnel/Public Sector Legal training seminars/legislative updates to stay informed of changes to state and federal employment law represent the City of Ukiah at community functions such as the Business and Education Round Table, Mendocino College Career Fair Committee, and Mendocino Private Industry Council Job Club to educate citizens about the recruitment process and potential job opportunities train employees in personnel topics such as performance evaluations, supervision, and other related issues review and assess employee injury reports, perform safety audits, on-site inspections, and participate in City's Safety Committee SECRETARIAL POOL: The Department includes two full-time and one pad-time Administrative Secretaries, one Receptionist/Typist Clerk, and one part-time Services Support Clerk. The Executive Assistant to the City Manager supervises the Secretarial Pool which generally provides clerical support to the Planning/Building, Public Works/Engineering, Electric, Community Services, City Manager, and Finance departments and the Redevelopment Agency. Other duties include: · greet and direct customers to the various departments, provide information to customers relative to the full range of City services · handle radio calls with field crews relative to outages and other service needs · monitor insurance certificates for various departments · answer main switchboard and arrange for alternate greetings to voicemail system for holidays · assist Recreation Department with class sign-ups · assist Billing and Collection Department by opening and sorting incoming payments and covering for department staff during departmental meetings · take and compose minutes of City committee/commission/board meetings, including Airport, Parks, Recreation, and Golf, Planning, Traffic Engineering, Project Review, Demolition Permit, Zoning Administrator, Low and Moderate Income Housing Advisory · complete filing for all departments · provide Deputy City Clerk function in the absence of the City Clerk · type and distribute agenda packets for City committee/commission/board meetings · take in building permits, prepare monthly building activity report, report weekly to the Builders Exchange concerning building permits issued over $5,000 valuation, and coordinate with the County Assessor's office relative to building permits · prepare public hearing notices and comply with all legal noticing requirements · set up meetings, as needed, for City Managers/Directors · coordinate the rental of all City facilities · prepare and distribute all incoming/outgoing City mail PAGE 4 OF 9 perform copying functions for all departments assist in coordination of grant administration coordinate and host City functions such as employee cook-offs, employee recognition dinners, Commission appreciation events, etc. administer Community Pride Week assist, as required, during EOC incidents administer Department Of Transportation requirements relative to employees' drivers licenses maintain data bases to track employee insurance, landfill daily tonnage, wells testing, and vehicle maintenance for Garage prepare and distribute monthly calendar for staff, committee/commission and board members prepare annual budget for secretarial pool handle purchase and maintenance of large office copiers and fax machines maintain office supplies, as needed, for the smooth operation of daily activities process special event, parade, and street closure permits FINANCE: The Finance Department is comprised of the Director of Finance, Accounting Supervisor, Payroll Officer, Accounts Payable Specialist, and Information Technology Coordinator who are generally available at Civic Center from 8:00 a.m. to 5:00 p.m. Monday through Friday for personal and telephone contact. The Finance Director is the Chief Accounting Officer for the City. Other duties include: · maintain accounting records in accordance with generally accepted accounting principles · liaison with independent auditors producing audited financial statements · complete daily general ledger detail entries, including review of daily cash receipts, journal entries, budget amendments, encumbrance notations, distribution of indirect cost allocations · distribute shared expenses to recipient departments, i.e. telephone expense, utility expense, fuel costs · reconcile monthly bank statements · coordinate with City Treasurer and Investment Advisor regarding City investments · prepare all necessary financial statements, including cash balances, monthly closings, quarterly and annual tax and State controller reports · coordinate with applicable departments regarding grant funding and expenditure reporting · complete citywide bi-weekly payroll, including all tax and benefit reports · prepare weekly accounts payable check runs, including distribution analysis of telephone, city facility utilities, and cardlock vehicle fuel costs, verification of available budget funds, and correlation of expenses with purchase orders · serve as accounting staff to the Mendocino Emergency Services Authority (MESA) · make payments to Civic Center, Lake Mendocino, and Redevelopment bond entities and monitor internal/external debt servicing · provide administrative direction to Billing and Collection and Purchasing Departments · support citywide and individual computer systems including training, analysis of computer needs, repair, installation, and liaison with outside computer vendors, user groups, and system maintenance providers · in conjunction with Risk ManagedBudget Officer, prepare annual City and Redevelopment Agency budgets · maintain citywide asset inventory PAGE 5 OF 9 COMMUNITY SERVICES The Community Services General Fund function encompasses the General Government Buildings, Parks, Recreation, Aquatics, and Sun House/Grace Hudson Museum Departments and is comprised of the Director of Community Services, Community Services Supervisor, Park Supervisor, Cultural Arts/Museum Director, Museum Curator, Museum Assistant, Activities/Sports Coordinator, Building Attendant II, General Services Attendant, part-time Building Services Attendant, two and one half Park Service Workers, Custodian, part-time Building Services Attendant and Museum Receptionist, and other part-time and seasonal employees. Civic Center is open 8:00 a.m. to 5:00 p.m., Monday through Friday during which time the Director and Recreation Staff are generally available to meet with the public in person or by telephone. The Grace Hudson Museum is open to the public Wednesday through Saturday 10:00 a.m. to 4:30 p.m. and Sunday 12:00 noon to 4:30 p.m. Other duties of the function include: · maintain and repair all city facilities · plan and implement office/storage space requirements · serve as staff to the Recreation, Parks, and Golf Commission · operate and manage citywide sports and recreation programs · maintain and upgrade all city parks and open spaces, including landscape maintenance of public library · plan and implement new parks · oversee golf course including golf pro contract, operations, fees, and course improvements · operate and administer Sun House and Grace Carpenter Hudson Museum · administer museum grants funded by federal agencies · administer and operate municipal swimming pool PLANNING Staff consists of the Planning Director, Senior Planner, Associate Planner, and Building Inspector; functions consist of current planning (permits, zoning, environmental review, etc.) and long range planning (General Plan implementation, ordinance preparation, special studies, etc.). · Planning staff are available to the public from 8:00 a.m. to Noon and 1:00 p.m. to 5:00 p.m., Monday through Friday; the Building Inspector is available from 8:00 a.m. to 9:00 a.m. and 1:00 p.m. to 2:00 p.m. Monday through Friday, and other hours when not conducting field inspections · the Building Inspector performs plans examinations, field inspections, and code enforcement duties (zoning and building complaints). Code enforcement is handled on a complaint basis, and all complaints are pursued to the most legally appropriate conclusion. · planning permits or project entitlement requiring staff processing include Site Development Permits, Use Permits, Variances, Subdivision Maps, Rezonings, and General Plan Amendments, each of which requires compliance with the California Environmental Quality Act (CEQA) · Staff coordinates and conducts Project Review Committee (PRC) meetings, which is a discovery forum early in the 'project review process to apprise applicants of regulatory requirements of all involved departments (Police, Fire, Engineering, Public Utilities, Public works, and Planning) · attends hearings and provides support functions (staff reports, research, analyses, minutes, communications, etc.) For various decision-making or advisory bodies, including zoning Administrator, City engineer, Demolition Permit Review committee, Planning Commission, and City Council, and from time to time, citizen advisory committees relative to special programs PAGE 6 OF 9 planning permits typically take four to six weeks to process to the appropriate decision- making body building permits typically take between one and three weeks to process and issue, which includes detailed and comprehensive examination relative to the California Building Code Planning and Building Staffs maintain a high training profile on an informal basis in order to stay current with principles, practices, regulations, and trends in each respective field PUBLIC WORKS The City Engineer/Public Works Director, Deputy Director of Public Works, and Senior Civil Engineer, are available to respond to questions or requests for information from the public either in person or by phone between 8:00 AM and Noon and 1:00 PM to 5:00 P.M., Monday through Friday. The Engineering Assistant may be available in the Civic Center during these times depending upon his schedule for field appointments and project inspections. The Street Maintenance Department is primarily a field function comprised of the Public Works Superintendent, a Public Works Maintenance II, six Public Works Maintenance I. Duties include: · assist public regarding public improvement and engineering standards · issue encroachment permits over-the-counter with minimal waiting time · review of development projects for infrastructure requirements · administer flood management program, · prepare, distribute, and evaluate public works project specifications · administer and field inspect public works projects · participate in Caltrans highway planning programs · regular attendance at meetings of local and regional governmental organizations on issues of importance to the City (Underground Coordinating Committee, Technical Advisory Committee of the Mendocino Council of Governments [MCOG]) · Staff support (agendas, agenda reports, minutes, communications, follow-up, etc.) for City Council, Planning Commission, Architectural Review Commission, Project Review Committee · administer solid waste landfill, including planning and implementing landfill pre-closure, closure, and post closure plans · liaison with the State Regional Water Control Board and State Integrated Solid Waste Management Board regarding landfill issues · implement recycling programs · coordinate with City franchise hauler Ukiah Solid Waste to implement transfer station · liaison with Mendocino County Solid Waste Authority · attend on-going training and professional development to stay current with changes in practice, technology, policies, and regulations · maintain and repair citywide streets/sidewalks, creeks, and bridges · maintain city street trees · complete regularly scheduled street sweeping · complete weed abatement on public rights-of-way · complete annual repainting of street and curb markings · maintain city corporation yard · operate and manage of City garage to repair fleet vehicles, equipment, and machinery UTILITIES The General Fund function related to utilities is Traffic Signals. This is a field operation in which a portion of one lineman is assigned to maintain the traffic signal fixtures throughout the City. Bulbs are replaced within a day of burnout and standards repaired as required. PAGE 7 OF 9 FIRE The Fire Department is a 24 hour, seven day a week operation responding to Medical and Fire emergencies. The business office is open 8:00 a.m. to 5:00 p.m. Tuesday through Friday and 10:00 a.m. to 5:00 p.m. on Monday for public inquiries in person or by telephone. Telephone emergency access is always available through 9-1-1 and personal emergency access is available through the Dispatch window. The Department is comprised of the Fire Chief, two Battalion Chiefs, four Captains, three Fire Engineers, nine Firefighter/EMTs, an Administrative Assistant, a Senior Equipment Mechanic, and 20 volunteer firefighters. Duties include: provide Citywide fire protection and prevention · provide advanced Life Support (ALS) and Basic Life Support (BLS) ambulance service · furnish mutual aid response to Ukiah Valley Fire Protection District and throughout California as required · provide public information regarding fire, life and hazardous materials code enforcement and interpretation, ambulance billing, community safety training services, emergency preparedness, and weather data records · attend City Council meetings to present reports prepared for specific topics, and attend of other local, county, regional and statewide meetings on issues of importance to the City · perform fire protection plan check services (pre-development consultation, site specific plan checking and new construction design and plan review) · provide fire code administration and enforcement (inspection and complaint driven) · inspect fire protection systems (construction and maintenance after installation) · evaluate special event permits (consultation, inspections, and event monitoring by fire personnel) · conduct arson/fire investigations to determine fire cause and origin, and assist with criminal prosecution when appropriate · administer Summer fire season hazard reduction program, including Annual Weed Abatement Program (inspection, complaint review, mitigation) and West Hills Vegetation Management Program (inspection, defensible space maintenance, shaded fuel break, prescribed burning) · develop, update, and revise Emergency operations policies and guidelines · cooperate with the Police Department to develop dispatch policy and procedure, provide personnel training, and maintain high level of dispatch services for EMS, fire, rescue, environmental hazard, and other Fire Department services · maintain a minimum on-duty complement of four career personnel at all times · actively participate in regular, on-going specialty training, skills refresher courses, and continuing education and pr°fessional development addressing emergency medical care, emergency vehicle operation, fire control, hazardous materials response, confined space awareness and rescue operations · conduct daily checks of five fire engines, three ambulances, one aerial ladder truck, one incident support unit, one patrol unit and all associated tools and equipment. · prepare and present fire and life safety training and skills demonstrations to a wide range of community groups, particularly elementary schools, on a regular and on-going basis, including the annual Fire Prevention Week Open House · annually test fire engine pumps, all fire hoses, all ground ladders and the aerial ladder truck · annually, in cooperation with the Water Utility, flush and flow-test one-third of the City's fire hydrants · provide leadership and supervision to 20 person volunteer group with a program of frequent volunteer training sessions · provide EMS standby at high school football games and other community events · sponsor and supervise Explorer Post 2150 · administer Office of Traffic Safety grants PAGE 8 OF 9 POLICE The Police Department is a 24 hour, seven day a week operation responding to the needs of the community. The business office is open 8:00 a.m. to 5:00 p.m. Tuesday through Friday and 10:00 a.m. to 5:00 p.m. on Monday for public inquiries in person or by telephone. Telephone emergency access is always available thr.ough 9-1-1 and personal emergency access is available through the Dispatch window. The Department is comprised of the Police Chief, two Captains, six Sergeants, 18 Police Officers, a School Resources Officer, a Task Force Officer, an Administrative Secretary, a Police Record Clerk, a Community Policing Records Clerk, and one full and one half time Paring Enforcement Officers. Duties include: · provide Citywide personal and property protection and safety · maintain records management system, including sex registrant program, parole/probation sweeps, gang activity and membership, and missing persons TRAK ID · provide Community Response Team for specific community issues and oversee Neighborhood Watch Program · process traffic citations, Concealed Weapon permit applications, Alcoholic Beverage Control permit applications, Civil subpoenas, 11590 HS registrants, in custody reports and supplements, and requests for police reports · provide traffic route and safety planning for parades and other events utilizing city streets · provide security for school and community organization special events such as dances, football games, fund raising events, "Concerts in the Parks", and fairs · liaison with businesses, particularly in the check restitution program with training to bank personnel regarding fraud/bad checks and safety · participate on the Countywide Sexual Assault Response Team, Adult Protective Services Multi-Disciplinary Team, Countywide Domestic Violence Council, Countywide Investigators Association, Elder Abuse Panel, Police Activities League (PAL), and Downtown Merchants Association · lead and supervise Reserve Officer and Police Cadet programs · provide Citizen Ride Alongs and conduct citizen training through Citizens Police Academy · maintain Special Weapons and Tactics (SWAT) team · maintain P.O.S.T. approved canine program · provide mutual aid investigations to neighboring agencies · conduct abandoned vehicle abatement program · supervise citywide dispatch system · maintain assigned officer to the Mendocino Major Crimes Task Force · supervise staff and participate in operational management of the Parking District · attend state-mandated training programs · conduct bicycle patrol during public events and throughout the business district as needed · monitor Animal Control services related to violations, animal bites, sick and injured animals · provide School Resource Officer to liaison with Ukiah High School, manage School Based Partnership Grant, enforce Teen Alcohol violations, make class presentations, and assist School Attendance Review Board · implement Supplemental Law Enforcement Services (SLES), Community Oriented Policing (COPS), and Local Law Enforcement Block (LLEB) grants from the federal government mfh :forecast NARRATIVE PAGE 9 OF 9 ITEM NO, 8:h. DATE: March 1. 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF AB483, BILLBOARD REMOVAL-COUNCILMEMBER BALDWIN Councilmember Phil Baldwin requested that AB483 regarding reimbursement for billboard removal, be agendized for Council discussion. If passed, the Bill would have deleted the section of state law that required local governments to fully compensate billboard companies for the complete value of billboards that are removed even if they have been amortized. Unfortunately, current law is one of the most expensive billboard reimbursement mandates in the nation. Even though the Bill failed passage in the Assembly, the League of California Cities is recommending all local governments inform their citizenry of the issues at stake. Seventeen years ago, the City of Ukiah passed an ordinance that prohibited billboards within the City limits, and all billboards along Highway 101 were removed by 1986. A similar law has not been passed in the County area and there are billboards along Highway 101 both to the north and south of Ukiah. ' Councilmember Baldwin will introduce this item for Council discussion. RECOMMENDED ACTION: Discussion of AB483, Billboard Removal, and possible direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Attachments: N/A Councilmember Phil Baldwin Candace Horsley, City Manager 1. Overview of AB483 APPROVED~. ~'~~ ,~Sec.^sR~8,~3.3ooCandace Horsley, City~anager LEGISLATIVE ACTIVITIES HOUSING AND LAND USE 1) AB 483 (Wildman). Billboard Removal: Amortization. League Position: Support Bill Status: Failed Passage in Assembly Governmental Organization Committee Update: AB 483 was heard in the Assembly Governmental Organization Committee on Monday, January 10. The billboard lobbyists were out in full force. It became clear that there were not sufficient votes to pass the bill, which would have allowed local governments to remove billboards through amortization programs. However, support witnesses for the bill from the Cities of Oceanside and Stockton, the County of Riverside, the American Planning Association, the California Redevelopment Association, and the League were given significant time by the committee to outline the problems faced by communities in removing billboards. Several committee members suggested alternate ways of approaching the topic such as imposing caps on the life of a billboard. Assembly Member Wildman has committed to start a working group on the issue to identify potential improvements to the law and perhaps insert them into legislation later in the year. At the hearing, it was also clear that cities need to do a better job of educating their legislators locally about the problems and excessive costs the current law imposes on public agencies who seek to remove billboards. Let's do it! If your city has experienced problems with billboard removal, then you need to take the following actions to help build the legislative support for a comprehensive fix. Send a letter to your Assembly Member and Senator outlining specific costs and issues with billboard removal in your community. Send a copy of this letter to both the League and Assembly Member Wildman. Take your legislators or their district staff on a tour of problem billboards and stress the potential costs you face attempting to remove them for road widening, redevelopment, neighborhood improvements, and other projects. Make sure they understand that California law--a product of the billboard lobby--requires compensation far beyond what is typically required by the federal courts and in other states. · Ask for their support for making productive changes to the law. (Referred to previously in Bulletin #11-99.) [League Staff: Daniel Carrigg, carriggd~cacities.orq] AAAAAAAAA^AAAAAAAAAA #4 5 1/28/00 lx'a. ,. t= '~-~'. l:'c sitio n · Under Review; Opposition Anticipated Bill '" '-,- .:,t,:~,.u.s: ]?ending Assignment to Committee /~¢l:ion: Review and Send Letters. http ://www. cacities, org/leg_serv/bulletin/1999/html/bul 11 - 1999. asp What the Bills Do: Both AB 1216 and AB 1159 would permit smoking in bars, gaming clubs and taverns if certain conditions are met. AB 1216 does not preempt local authority to regulate smoking in these areas, including a total prohibition. AB 11159 appears to preempt such authority. However, the author's office has informed the League that it is not their intent to preempt local authority and that they will amend the bill to remedy the situation. The League has provided the author's office with language to do just that. Background: Existing law in California, Labor Code Section 6404.5, prohibits smoking in most enclosed places of employment. The smoking prohibition was phased in over time and on January 1, 1998, smoking was prohibited in bars, taverns and gaming club areas. Last year, several legislative attempts to repeal the smoking ban in bars failed. AB 1216 and AB 1159 are the latest legislative efforts to permit smoking ban in bars, taverns and gaming clubs. The League is reviewing the specific language of each bill to determine its effect. We anticipate that the League will oppose both bills, consistent with past League positions on similar bills. Interested cities should review AB 1216 and AB 1159 and send their letters to the authors and the League. Once the bills have been assigned to committees, we will notify cities in the Bulletin. Copies of AB 1216 and AB 1159 are available on CITYLINK 2000 or by contacting the State Capitol Bill Room at 916/445-2323. [League Staff: Yvonne Hunter] 4. AB480 (Wildman). Outdoor Advertising: Removal. League Position: Support Bill Status: Assembly Governmental Organization Committee; No Date Set Action: Send Support Letters to Members of Above Committee and the Assembly Judiciary Committee What the Bill Does: Deletes the requirement in state law which requires local governments to fully compensate billboard companies for complete value of billboards which are removed, even if they have been amortized. Reasons for the League's Position: The League supports the ability of cities to regulate billboards and other signage. Background: California law contains some of the most comprehensive protections in the nation against local government billboard removal programs. Billboard removal is a takings issue involving the question of whether or not local regulation requiring the removal of a billboard constitutes a "taking" of the billboard owner's property, requiring compensation under the takings clause of the Fifth Amendment. A series of court decisions across the nation have upheld the validity of local amortization programs, which require removal of billboards after four, five and seven-year periods, without requiring compensation. In California, local government billboard removal efforts are preempted by state law which requires full compensation even if there are amortization programs. This bill will obviously be hotly contested, and may be amended in various ways. Cities with concerns regarding billboards, should support this effort to return local authority to enact amortization programs. Letters should contain specific local examples of billboard problems, as well as the levels of compensation demanded by billboard companies for their removal. Known Support: The League. Known Opposition: No letters yet, but billboard companies are sure to oppose. (See Committee membership after Legislative Activities in this Bulletin.) [League Staff: Dan Carr. igg] 5. SB 177 (Peace). Public Utilities. Eminent Domain. League Position: Support 4ofll 02/17/00 09:50:41 I:OMYiETE BILL HISTORY http://info, sen. ca. gov/pub/bill/asm/ab_0451-05 O0/ab_483_bill_20000203_history. html 5. ILL I<~[~IL~]ER : A.B. No. 483 AUi"HOE - W' ldman IOPIC. · Outdoor advertising displays: removal compensation: exemptions. TYPE OF BILL : Inactive Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Non-Fiscal Non-Tax Levy BILL HISTORY 2000 Feb. 3 From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. Died pursuant to Art. IV, Sec. 10(c) of the Constitution. Jan. 10 Re-referred to Com. on G.O. In committee: Set, second hearing. Hearing canceled at the request of author. Jan. 4 From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. 1999 Apr. 27 In committee: Set, first hearing. Hearing canceled at the request of author. Mar. 1 Referred to Coms. on G.O. and JUD. Feb. 19 From printer. May be heard in committee March 21. Feb. 18 Read first time. To print. 1 ofl 02/17/00 09:44:42 ,::' ~;,';.', :'tsscm ) ) '¢~' - ?.t' Ana~.~sls htlp://mtb.sen.ca.gov/pub/bill/asm/ab_l)45...O/ab_483 clh 2flOOr) lO7 115735 asm comm.html AB 483 Page 1 Date of Hearing: January 10, 2000 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Herb Wesson, Chair AB 483 (Wildman) - As Amended: January 3, 2000 SUBJECT : Outdoor Advertising SUMM~Y : Expands the authority of local governments to use amortization as a method to remove unwanted billboards. Specifically, this bill : 1. Authorizes "other public agencies" to require the removal of an outdoor advertising display according to an amortization schedule but without additional compensation. 1. Provides that a city, county, or other public agency may require the removal of a display subject to an amortization schedule if the following requirements are met: a, The display is immediately adjacent to a residential area, is located in a Community Redevelopment Area, a Business Improvement District, or is part of the California Main Street Program; or b~ The local agency makes findings, based on substantial evidence in the administrative record, that removal of the display is necessary to: i) expand, renovate, or repair existing roads, sidewalks or other infrastructure; or ii) remove or remediate environmental contaminants; or iii) install transit stops and rail rights of way in urban areas, business districts, and neighborhoods; or c. The display is contiguous with an official state scenic highway; and d. Displays removed under the authority of thJ. s bill meet other applicable provisions of law. EXISTING LAW 1)Prohibits government entities from requiring the removal of a lawfully erected advertising display without payment of compensation to the owner of the display and the owner of the land upon which the display is located. Cities and counties -- _ _ may require the removal of an advertising display without compensation but subject to an amortization schedule if the display is located in a residential neighborhood or on agricultural lands. 2)Declares that the policy of the state is to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication. FISCAL EFFECT : Unknown. COMMENTS : 1. Purpose of the bill . The author's office asserts that local agencies face substantial financial difficulties when they wish to remove a billboard from an inappropriate or undesired location. According to the author, these financial difficulties result from the requirement that local agencies fully compensate a billboard owner for the value of the billboard as well as the estimated income lost from the removed billboard over time. The author argues that the compensation for a billboard removal in California far exceeds the compensation requirements in other states and those required by federal law. 1. Background . Prior to 1980, local governments were given broad authority to regulate billboards. In response to an increasing number of local ordinances authorizing advertising display removals without compensation, the outdoor advertising industry brought legal actions against local governments based on the assertion that billboard removals constituted takings required to be justly compensated. Because of the complicated legal issues involved, litigation was extremely costly and led both sides to seek a legislative solution. In 1980, the Legislature passed and the Governor signed legislation that created the Governor's Outdoor Advertising Advisory Committee (Committee) to study and issue a report on the status of all laws, ordinances, and regulations affecting outdoor advertising, the impact of the laws on the state, the outdoor advertising industry, and local governments. The report issued by the Committee recommended the establishment of statewide standards for the removal of existing lawfully erected signs and offered four points to serve as guidance for legislative action. These points were described as "reasonable compromise[s] between the positions advanced by local government and the industry": a, That outdoor advertising is an appropriate use in commercial and industrial areas, subject to reasonable local controls; bo That state controls over outdoor advertising should be kept to a minimum and that new state legislation should deal exclusively with the establishment of uniform removal criteria; C. That signs in commercial and industrial areas can only be removed with payment of just compensation; but that relocation should be encouraged in lieu of compensation; and d. That signs in residential and agricultural areas can be removed without compensation provided that an amortization period is provided on a basis consistent with statewide standards. The compromise resulted in a new statute (Chapter 494, Statutes of 1982), which has not been substantially amended. 1. Amortization . One provision of the 1980 statute authorized cities and counties to "amortize" the removal of advertising displays in residential and agricultural areas. "Amortization" is the process where an advertising display is required to be removed after a period of time determined by the value of the sign. The more valuable a sign is, the longer it is allowed to remain standing. Once the amortization period concludes, the display must be removed without any further compensation. The theory behind amortization is that it permits sign owners to continue to collect revenue from a sign while at the same time providing a fixed date to remove an unwanted sign. Local governments have been traditional supporters of amortization because of its cost efficiency when compared to the costs associated with compensating display owners for the removal of unwanted signs. Local governments claim that amortization balances the public interest with the interest of sign owners because it neither requires the expenditure of exorbitant funds to remove or relocate billboards nor does it require an immediate loss of income for the display owner. Billboard owners, on the other hand, believe that the use of amortization for the removal of advertising displays is unfair. They claim that in order to erect a billboard, a billboard owner is required to comply with all existing laws, pay for and obtain a legal permit, and pay significant expenses for construction of the display. To require the removal of a billboard without compensation, they assert, deprives the owner of the potential to earn future income and in no way compensates for the economic loss. 1. Just Compensation . Local governments have become frustrated in their attempts to remove or relocate unwanted signs. One reason for this frustration is that there is no prescribed method or formula in existing law to determine the value of ~n unwanted sign. The existing process requires negotiation between the display owner and local governments and may result in litigation when the two parties cannot come to an agreement on the value of a display. Most often, local governments claim that industry appraisals are too high and industry claims that local government appraisals are too low. This situation may be resolved if the state prescribed a formula or method of appraisal for the value of the sign. The author may wish to consider whether a prescribed appraisal process would resolve the objectives of this legislation without denying display owners just compensation for the economic losses associated with sign removal or relocation. Policy consideration . This bill would essentially eliminate the requirement that billboard and property owners be compensated for future losses associated with the removal of a billboard. The bill would instead authorize any local agency to order the removal of a billboard according to an amortization schedule already specified in existing law. Adopting this legislation would be a major shift in the long-standing state policy of compensating billboard owners for removal of advertising displays. REGISTERED SUPPORT / OPPOSITION : Support (January 4, 2000 version) California Redevelopment Association City of Agoura Hills City of Arroyo Grande City of Azusa City of National City City of Norwalk City of Rancho Mirage City of Redondo Beach League of California Cities Opposition California State Outdoor Advertising Association California Teamsters Public Affairs Council ~nalysis Prepared by. : Richard Rios / G. O. / (916) 319-2531